2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
209-L - Removal of volunteer officers and volunteer members of fire departments.

 
    §  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
  misconduct.
    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
  held.
    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.