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suspensions without due process

by Dennis E Sampson

Oct 13, 2008

Brad,

What is the legal status of a suspension for doing your job as an officer according to policy and not being allowed to tell your side of the story until after the charges and verdict have been rendered against you. Then given the the oportunity to explain your side and told nothing changes because a decision has already been made. If you are found innocent, you have already served a suspension for doing nothing wrong. My department has a policy of suspending members without investigating, meaning you are guilty and have to prove you are innocent. When politics come into play, you are always guilty no matter how innocent you are. Would realy like to explain in depth but on the forum where others from my department could see would be political suicide!

Any Help is appreaciated

Stay Safe !! Dennis
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    Brad Pinsky

    In NYS you would have the right to what is called an "Article 78" proceeding, charging that the company breached its required due process granted in the bylaws. Fairly easy case. The court would then order the company to comply with its bylaws if it tries to suspend the individual. Sometimes the process takes a few months and the suspension is over. Most volunteers do not want to spend the funds to fight it (which can cost up to $5,000 with attorneys fees and court costs). Members should be very proactive with their bylaws making sure that the bylaws protect the members while permitting discipline for just cause.

    Dec 1, 2008

  • up

    Tim Kennedy

    Thanks for the info Brad but after reading the New York State laws for fire departments Ive found out theres much more that can be done. Thanks!

    Dec 4, 2008

  • up

    David "Chip" Comstock Jr.

    Every firefighter who has some vested right as a quasi public employee may be entitle to due process before termination--whether a paid or volunteer firefighter. However, due process may simply mean the ability to tell your side of the story after you have been confronted with the charges. You may have clais in federal or state court, but unfortunately, from a practical standpoiint, many volunteers would be no better off if they won and returned to the FD. I am not a fan of voting in this matter, and believe that thorough investigations should be conducted by indepoendent third parties. Fire organizatons should lobby to make sure state laws provide due process mechanisms before firefighters can be terminated. We owe that to ourselves. Chip Comstock

    Feb 26, 2009