Fire Department Disciplinary Procedures

Questions and Answers

What is the maximum penalty the Board of Rights can impose for misconduct?

Suspension for a period not exceeding six months (correct)

Removal from the department (correct)

Reprimand without any further sanctions (correct)

All of the above

Who is responsible for assigning the defense representative for the accused?

The Fire Chief (correct)

The accused themselves

A senior officer in the department

The Board of Rights

What is required for all testimony during the hearing?

It must be reported and transcribed (correct)

It must not be recorded at all

It can be given by anyone, including witnesses

It must be informal and casual

What happens if the accused is found not guilty?

They are restored to duty without loss of pay Signup and view all the answers

Which of the following actions is NOT a potential penalty for the accused if found guilty?

Administrative leave with pay Signup and view all the answers

What is the nature of the findings made by the Board of Rights?

They must be based only on the evidence presented Signup and view all the answers

Which is a correct characteristic of the transcript provided to the defense representative?

It is available free of charge upon request Signup and view all the answers

What must be true about the member selected to act as a defense representative?

They can be disqualified due to previous involvement in the case Signup and view all the answers

What initiates the calculation of the suspension time according to the disciplinary actions prescribed?

The date of relief from duty Signup and view all the answers

Which statement regarding double jeopardy is accurate?

A member may request to be tried again for the same offense. Signup and view all the answers

What is the maximum time frame within which a removed member can file a request for rehearing?

Three years Signup and view all the answers

What must accompany the request for rehearing submitted to the Fire Chief?

A supporting affidavit with clear reasons Signup and view all the answers

In what scenario can the Fire Chief agree to modify the suspension terms?

By mutual agreement with the member Signup and view all the answers

What must the Board of Rights base its findings on during a rehearing?

Evidence presented at the rehearing Signup and view all the answers

What legal principle prevents a member from being tried for the same offense multiple times?

Double Jeopardy Signup and view all the answers

If the Fire Chief approves a rehearing, what is the next step?

A Board of Rights will be constituted Signup and view all the answers

What happens if the accused fails to request a hearing before the Board of Rights within the prescribed period?

The Fire Chief may require a hearing to be held. Signup and view all the answers

What may the Fire Chief do if the accused fails to appear before the Board of Rights without a reasonable excuse?

Impose an automatic penalty of suspension or removal. Signup and view all the answers

What must occur if both the accused and the Fire Chief fail to create a Board of Rights within the prescribed period?

The temporary relief from duty becomes null and void. Signup and view all the answers

What is required for the Fire Chief to impose a penalty following a failure to appear at a Board of Rights hearing?

No formal hearing is required for penalty imposition. Signup and view all the answers

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

The accused individual. Signup and view all the answers

What is the purpose of drawing names from the box containing qualified officers?

To assemble a fair Board of Rights. Signup and view all the answers

What is required of the Fire Chief following the imposition of a penalty?

He or she must file a statement of the action with the Board of Fire Commissioners. Signup and view all the answers

What principle is potentially violated if the Fire Chief imposes penalties without a hearing?

Due process rights. Signup and view all the answers

Study Notes

Suspension and Removal Procedures

Time of suspension is calculated from the first day a member is suspended or relieved from duty.
Removal is retroactive to the date of relief from duty pending a hearing.
Fire Chief and member can mutually agree to alter the commencement date or allow non-consecutive suspension periods.

Double Jeopardy and Exoneration

No member shall face double jeopardy for the same offense, except at their request.
Exoneration after a Board of Rights hearing occurs without prejudice to the member involved.

Rehearing Requests

Members may request a rehearing within three years of removal, supported by a clear affidavit.
The Fire Chief must respond within 30 days; if warranted, a Board of Rights is assembled for a new hearing.
Findings from the rehearing are independent from any previous decisions by other boards or courts.

Defense Representation

Accused members may select a defense representative from department members (up to captain rank), who must be impartial.
The selected representative has a duty to seek the best possible defense for the accused during the hearing.

Hearing Procedures

All testimony during the hearing is under oath and recorded by a stenographer.
Accused has the right to receive a certified transcript of the hearing at no charge.

Board of Rights Findings and Decisions

The Board of Rights makes guilt determinations based solely on evidence from the hearing.
If found not guilty, members are restored to duty with back pay and without prejudice.
If found guilty, consequences may include:
- Suspension for up to six months with or without reprimand.
- Reprimand without further penalties.
- Removal from the position.
The decision is documented in writing and delivered to the Fire Chief.

Personnel History and Board Composition

Upon hearing request, accused members select three Board of Rights members from a qualified pool of officers.
Exclusions apply for any officers who may be biased or involved in the case.

Failure to Request a Hearing

If a member does not request a hearing, the Fire Chief may independently convene a Board of Rights.
Absence of the accused without reasonable excuse allows the Board to proceed or permits the Fire Chief to impose penalties directly.

Importance of Timeliness

If neither the accused nor the Fire Chief create a Board of Rights within the specified period for a hearing, the temporary relief from duty becomes void.

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Description

This quiz covers the disciplinary procedures within the fire department, focusing on the suspension and removal guidelines as prescribed by the Board of Rights or Fire Chief. Participants will learn about the effective dates for such actions and the implications for officers under disciplinary review.