Gouverneur, NY asked in Constitutional Law and Employment Law for New York

Q: What conditions can fire commissioner expel an assistant fire chief for misconduct

2 Lawyer Answers
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: A fire commissioner can expel an assistant fire chief for various types of misconduct. Misconduct might include violations of department policies, failure to follow safety protocols, or engaging in illegal activities. These actions undermine the trust and integrity required in a leadership position within the fire department.

Specific conditions that could lead to expulsion might involve repeated insubordination, falsifying records, or misuse of departmental resources. If the assistant fire chief engages in discriminatory behavior or harassment, these serious offenses could also be grounds for removal. Additionally, actions that endanger the safety of the public or fellow firefighters are critical violations that could lead to immediate expulsion.

Each department typically has a set of guidelines and procedures for addressing misconduct. It’s important for these guidelines to be followed to ensure a fair process. If an assistant fire chief is accused of misconduct, they often have the right to a hearing or an appeal process to contest the decision.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: If the conditions aren't already spelled out in the department's by-laws or standard operation procedures, there are many different forms of reckless or malicious acts that might endanger or mistreat firefighters, the public, or expensive equipment. Although you posted this under Constitutional Law, it isn't really a Con Law matter. The employment law attorneys here would have strong insight into this, if you wanted to repost and expand your categories to include "Employment Law." Good luck

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