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This entry was published on 2014-09-22
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SECTION 72-O
Expenses of volunteer fire officers and firefighters appearing before a court or other tribunal
General Municipal (GMU) CHAPTER 24, ARTICLE 5
§ 72-o. Expenses of volunteer fire officers and firefighters appearing
before a court or other tribunal. 1. The chief officer of the fire
department of a municipal corporation or fire district, subject to any
rules or regulations governing such department, may authorize
reimbursement for the volunteer officers or members of the department
who appear before a court or other tribunal:

a. when the judicial or other proceeding relates to activities arising
from the duties of the volunteer fire officer or firefighter; and

b. the volunteer fire officer or firefighter is not involved in any
criminal activity or is the subject of or is personally charged with a
violation of any section of law, rule or regulation being investigated
by the court or other tribunal; and

c. the volunteer fire officer or firefighter has not been given
immunity by a court or other tribunal in relation to such proceedings;
and

d. the volunteer fire officer or firefighter has no financial interest
in the outcome of such proceedings; and

e. the volunteer fire officer or firefighter has been issued a
subpoena to appear and give testimony in such action or proceeding; and

f. the chief officer has been notified of the volunteer fire officer's
or firefighter's receipt of a subpoena.
Such authorization from the chief officer may not be unreasonably
withheld. Failure to obtain such authorization shall not be deemed to
excuse a volunteer fire officer or firefighter from complying with a
lawfully issued subpoena, but shall not entitle him to the payment of
expenses incurred, as provided in subdivision two of this section.

2. The governing board of the municipal corporation or fire district
by resolution may provide for the payment, in the same manner as other
claims against the municipal corporation or fire district are audited,
allowed and paid, of all actual and necessary expenses of travel, meals
and lodging necessarily and reasonably incurred by such volunteer fire
officers and firefighters in apppearing before a court or other
tribunal. Such resolution may also provide for the reimbursement of all
actual lost wages necessarily and reasonably incurred by such volunteer
fire officers and firefighters, up to a maximum of one hundred dollars
per day. If such travel is by a car owned by the volunteer fire officer
or firefighter, he may be paid a reasonable mileage allowance for each
mile actually and necessarily traveled by him in appearing before such
court or other tribunal. If such claim includes any amount for actual
lost wages, a statement by the volunteer fire officer's or firefighter's
employer shall be attached. Any claim for such expenses or reimbursement
shall have endorsed thereon, or attached thereto, a statement by the
chief officer of the fire department or fire district that he was
notified of the volunteer fire officer's or firefighter's receipt of a
subpoena requiring him to appear and give testimony before a court or
other tribunal, such chief officer's authorization therefor and copy of
such subpoena.