§ 209-l. Removal of volunteer officers and volunteer members of fire\ndepartments.
1.The authorities having control of fire departments of\ncities, towns, villages and fire districts may make regulations\ngoverning the removal of volunteer officers and volunteer members of\nsuch departments and the companies thereof.\n 2. Such officers and members of such departments and companies shall\nnot be removed from office, or membership, as the case may be, by such\nauthorities or by any other officer or body, except for incompetence or\nmisconduct.\n 3. Removals on the ground of incompetence or misconduct, except for\nabsenteeism at fires or meetings, shall be made only after a hearing\nupon due notice and upon stated charges and with the right to such\nofficer or member to a review pursuant
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§ 209-l. Removal of volunteer officers and volunteer members of fire\ndepartments. 1. The authorities having control of fire departments of\ncities, towns, villages and fire districts may make regulations\ngoverning the removal of volunteer officers and volunteer members of\nsuch departments and the companies thereof.\n 2. Such officers and members of such departments and companies shall\nnot be removed from office, or membership, as the case may be, by such\nauthorities or by any other officer or body, except for incompetence or\nmisconduct.\n 3. Removals on the ground of incompetence or misconduct, except for\nabsenteeism at fires or meetings, shall be made only after a hearing\nupon due notice and upon stated charges and with the right to such\nofficer or member to a review pursuant to article seventy-eight of the\ncivil practice law and rules. Such charges shall be in writing and may\nbe made by any such authority. The burden of proving incompetency or\nmisconduct shall be upon the person alleging the same.\n 4. a. Hearings upon such charges shall be held by the officer or body\nhaving the power to remove the person charged with incompetency or\nmisconduct or by a deputy or employee of such officer, or body\ndesignated in writing for that purpose. In a case where a deputy or\nother employee is so designated, he or she shall, for the purpose of\nsuch hearing, be vested with all the powers of such officer or body, and\nshall make a record of such hearing, which shall be referred to such\nofficer or body for review within ninety days from the close of such\nhearing along with his or her recommendations.\n b. The notice of such hearing shall specify the time and place of such\nhearing and state the body or person before whom the hearing will be\nheld.\n c. Such notice and a copy of such charges shall be served personally\nupon the accused officer or member at least ten days but not more than\nthirty days before the date of the hearing.\n d. A stenographer may be employed for the purpose of taking testimony\nat the hearing.\n 5. The officer or body having the power to remove the person charged\nwith incompetence or misconduct may suspend such person after charges\nare filed and pending disposition of the charges, and after the hearing\nmay remove such person or may suspend him or her for a period of time\nnot to exceed one year.\n The provisions of this section shall not affect the right of members\nof any fire company to remove a volunteer officer or voluntary member of\nsuch company for failure to comply with the constitution and by-laws of\nsuch company.\n