Each member of the Department shall be subject
to punishment by reprimand, suspension or dismissal from the Department,
according to the nature and gravity of the offense, for any of the
following causes:
A.
Willful disobedience of orders.
B.
Disrespect to a superior officer.
C.
Refusal or failure to attend fires or fire drills.
D.
Immorality, indecency or lewdness.
E.
Neglect of duty.
F.
Violation of any criminal law.
G.
Conduct subversive to good order and discipline of
the Department.
H.
Violation of any rules, order or regulations of the
Fire Committee.
I.
Willful abuse of fire equipment.
[Amended 4-19-2012 by Ord. No. 3-15-2012A]
Charges against any member of the Department shall be made in
writing under oath and filed with the Borough Clerk within 10 days
after the offense is alleged to have been committed. The date, time
and place of the hearing of said charges shall then be fixed by the
Borough Administrator, and at least five days before the date so fixed
for hearing, a written copy of said charges, together with a notice
of the date, time and place of said hearing, shall be served on the
member against whom the charges are made, either personally or by
leaving the same at such member's usual place of abode. At the time,
place and date fixed for the hearing of said charges, the Mayor and
Council or a hearing officer on behalf of the Mayor and Council shall
hear the evidence adduced by all parties concerned and shall render
its decision by a majority vote of the Councilpersons present at the
hearing, provided that in all cases a quorum shall be represented
or, if a hearing officer is designated at the Mayor and Council's
discretion, the hearing officer shall render a recommended decision
for the governing body's acceptance, rejection or modification to
be determined at the next regularly scheduled meeting of the Mayor
and Council. At all such hearings conducted by the Mayor and Council,
the Mayor shall be the presiding officer, but shall not have a vote
except in case of a tie. At all such hearings conducted by a hearing
officer, the hearing officer shall be the presiding officer. At all
hearings pursuant to this section, the defendant as well as the person
making the charges may have the assistance of counsel at his or her
own expense in the presentation of evidence relative to the facts
at issue. At the conclusion of any hearing before the Mayor and Council
or the consideration of a hearing officer's recommended decision by
the Mayor and Council, or the final decision of the Mayor and Council
shall be registered by motion and roll call vote, including the penalty,
if any. The hearing of said charges may be adjourned from time to
time in the discretion of the Mayor and Council, the Borough Administrator
or the hearing officer; provided, however, that the Mayor and Council
shall render its decision within 15 days following the conclusion
of any hearing conducted by the Mayor and Council or within 15 days
of the meeting at which the Mayor and Council considers the hearing
officer's recommended decision. Unless the decision is rendered at
the conclusion of a hearing conducted by the Mayor and Council, notice
of the decision shall be mailed to the defendant. In no case shall
charges be preferred without the approval of the Chief, except charges
against the Chief.
The Chief shall have the right to suspend any member forthwith for any of the offenses enumerated in § 23-24, but in such case, charges shall be preferred against such member within five days thereafter, not counting intervening holidays, Saturdays and Sundays.
