Board of Rights Procedures Quiz

Questions and Answers

What authority does a member of the Board of Rights possess in an investigation?

They can dismiss cases without hearings.

They can administer oaths and examine witnesses. (correct)

They can decide on the withdrawal of charges.

They can recommend disciplinary actions.

Which duty is assigned to the City Clerk in relation to subpoenas?

Issue subpoenas upon demand of Board members. (correct)

Create and distribute the subpoenas.

Serve subpoenas personally.

Enforce penalties for disobedience.

What is required of the Fire Department in Board of Rights proceedings regarding the burden of proof?

They must provide physical evidence only.

They must prove charges by a preponderance of the evidence. (correct)

They are not required to prove charges.

They must prove charges beyond a reasonable doubt.

Who provides legal advice to the Board of Rights during hearings?

An attorney from the City Attorney's office. Signup and view all the answers

What happens if a witness fails to comply with a subpoena?

Suitable penalties will be enforced by the Council. Signup and view all the answers

What rights do the accused possess during a hearing?

Right to appear by counsel or representative and produce witnesses. Signup and view all the answers

Who is responsible for serving subpoenas to witnesses?

The Chief of Police. Signup and view all the answers

What is the primary role of the attorney advising the Board of Rights?

To provide legal advice during hearings. Signup and view all the answers

What is required for the composition of the Board of Rights?

The accused must draw six names and select any three. Signup and view all the answers

What happens if the accused does not request a hearing within the prescribed period?

The Fire Chief may hold a hearing without the accused's request. Signup and view all the answers

What can the Fire Chief do if the accused fails to appear for the Board of Rights hearing?

Proceed with the hearing without the accused or impose penalties. Signup and view all the answers

What is the result if neither the accused nor the Fire Chief creates a Board of Rights?

The temporary relief from duty will become void. Signup and view all the answers

Who is excluded from being a member of the Board of Rights?

The accused and any material witnesses. Signup and view all the answers

What is the purpose of the oaths and affirmations mentioned?

To secure honest proceedings during the hearing. Signup and view all the answers

Under what condition can a member be tried for the same offense more than once?

If the member requests a retrial. Signup and view all the answers

What authority does the Fire Chief possess regarding penalties?

The Fire Chief can impose penalties directly or proceed with a hearing. Signup and view all the answers

Which of the following accurately describes the process for members of the Board of Rights?

The accused selects members from a pool of unbiased officers. Signup and view all the answers

What happens to the time of a suspension if a member is relieved from duty pending a hearing?

It is considered valid from the first day of suspension. Signup and view all the answers

What is the maximum time after removal that a member can request a rehearing?

Three years. Signup and view all the answers

The Fire Chief must decide on a rehearing request within how many days after it has been filed?

30 days. Signup and view all the answers

Upon exoneration after a hearing, what is the status of the member's record?

The exoneration is granted without prejudice. Signup and view all the answers

If the Fire Chief determines there is good reason for a rehearing, what process follows?

A Board of Rights is constituted for the hearing. Signup and view all the answers

What is the relationship between the removal date and the suspension period?

Removal takes effect from the first day of suspension. Signup and view all the answers

Which judicial findings are considered during the hearing by the Board of Rights?

Only the evidence presented at the current hearing. Signup and view all the answers

Study Notes

Board of Rights Powers

Members of the Board can administer oaths, examine witnesses, and compel attendance and evidence production.
City Clerk issues subpoenas on demand from any Board member, attested with the corporate seal.
Chief of Police is responsible for serving subpoenas to required individuals.

Legal Advice Provisions

Two Board members can request legal advice from an attorney in the City Attorney's office.
Attorney may provide guidance telephonically or through other communication means.
The same attorney cannot advise both the Board and the department's advocate in the same case.

Burden of Proof

The Fire Department carries the burden of proof during proceedings, needing to establish charges by a preponderance of evidence.

Rights of the Accused

Accused individuals can appear in person, with counsel, and may produce and cross-examine witnesses.
When filing for a hearing, the accused selects Board members from a pool excluding biased individuals.

Hearing Procedures

If the accused does not request a hearing, the Fire Chief may initiate a hearing.
If the accused fails to appear, the Fire Chief can proceed with the hearing alone or impose penalties without a hearing.
Notification of actions taken by the Fire Chief must be provided to the accused.

Suspension and Removal Protocol

Suspension time is counted from the initial date of relief from duty, and removal takes effect on that same date unless otherwise agreed.
If temporary relief from duty is not formalized within a timeline, that relief is rendered void.

Double Jeopardy and Exoneration

No member can face double trials for the same offense unless they request it.
Exoneration after a hearing doesn't negatively impact the member's standing.

Rehearing Requests

Members removed may request a rehearing within three years of their removal with a supporting affidavit.
The Fire Chief must decide on the rehearing request within 30 days.
If warranted, a new Board of Rights is constituted to evaluate the rehearing, independent of prior findings.

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Description

This quiz explores the powers and procedures of the Board of Rights, including their authority to administer oaths, examine witnesses, and issue subpoenas. Test your understanding of the roles and responsibilities within this governing body.