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This entry was published on 2014-09-22
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Removal of volunteer officers and volunteer members of fire departments
General Municipal (GMU) CHAPTER 24, ARTICLE 10
§ 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

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

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.