N.Y. General Municipal Law § 209-l: Removal of volunteer officers and volunteer members of fire departments

§ 209-l. Removal of volunteer officers and volunteer members of fire

departments. 1. The authorities having control of fire departments of

cities, towns, villages and fire districts may make regulations

governing the removal of volunteer officers and volunteer members of

such departments and the companies thereof.

2. Such officers and members of such departments and companies shall

not be removed from office, or membership, as the case may be, by such

authorities or by any other officer or body, except for incompetence or

misconduct.

3. Removals on the ground of incompetence or misconduct, except for

absenteeism at fires or meetings, shall be made only after a hearing

upon due notice and upon stated charges and with the right to such

officer or member to a review pursuant to article seventy-eight of the

civil practice law and rules. Such charges shall be in writing and may

be made by any such authority. The burden of proving incompetency or

misconduct shall be upon the person alleging the same.

4. a. Hearings upon such charges shall be held by the officer or body

having the power to remove the person charged with incompetency or

misconduct or by a deputy or employee of such officer, or body

designated in writing for that purpose. In a case where a deputy or

other employee is so designated, he or she shall, for the purpose of

such hearing, be vested with all the powers of such officer or body, and

shall make a record of such hearing, which shall be referred to such

officer or body for review within ninety days from the close of such

hearing along with his or her recommendations.

b. The notice of such hearing shall specify the time and place of such

hearing and state the body or person before whom the hearing will be

held.

c. Such notice and a copy of such charges shall be served personally

upon the accused officer or member at least ten days but not more than

thirty days before the date of the hearing.

d. A stenographer may be employed for the purpose of taking testimony

at the hearing.

5. The officer or body having the power to remove the person charged

with incompetence or misconduct may suspend such person after charges

are filed and pending disposition of the charges, and after the hearing

may remove such person or may suspend him or her for a period of time

not to exceed one year.

The provisions of this section shall not affect the right of members

of any fire company to remove a volunteer officer or voluntary member of

such company for failure to comply with the constitution and by-laws of

such company.