Questions and Answers
What is the maximum penalty the Board of Rights can impose for misconduct?
Who is responsible for assigning the defense representative for the accused?
What is required for all testimony during the hearing?
What happens if the accused is found not guilty?
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Which of the following actions is NOT a potential penalty for the accused if found guilty?
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What is the nature of the findings made by the Board of Rights?
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Which is a correct characteristic of the transcript provided to the defense representative?
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What must be true about the member selected to act as a defense representative?
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What initiates the calculation of the suspension time according to the disciplinary actions prescribed?
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Which statement regarding double jeopardy is accurate?
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What is the maximum time frame within which a removed member can file a request for rehearing?
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What must accompany the request for rehearing submitted to the Fire Chief?
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In what scenario can the Fire Chief agree to modify the suspension terms?
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What must the Board of Rights base its findings on during a rehearing?
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What legal principle prevents a member from being tried for the same offense multiple times?
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If the Fire Chief approves a rehearing, what is the next step?
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What happens if the accused fails to request a hearing before the Board of Rights within the prescribed period?
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What may the Fire Chief do if the accused fails to appear before the Board of Rights without a reasonable excuse?
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What must occur if both the accused and the Fire Chief fail to create a Board of Rights within the prescribed period?
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What is required for the Fire Chief to impose a penalty following a failure to appear at a Board of Rights hearing?
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Who is excluded from being a member of the Board of Rights?
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What is the purpose of drawing names from the box containing qualified officers?
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What is required of the Fire Chief following the imposition of a penalty?
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What principle is potentially violated if the Fire Chief imposes penalties without a hearing?
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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.