a. Except as provided in subsection l of Section 2-295, herein, a member of the Metropolitan Fire Department holds office or grade until he or she is dismissed or demoted by the Board of Safety. A member may be disciplined by demotion, dismissal, reprimand, forfeiture, or suspension for causes set forth in rules adopted by the Board of Safety, which rules are served upon the members of the Metropolitan Fire Department. Until such rules are made and served, the causes and procedures shall be the same as those provided for members of the Metropolitan Police Department.
b. Before a member of the Metropolitan Fire Department is suspended in excess of five (5) days without pay, demoted or dismissed, the Board of Safety shall offer the member an opportunity for a hearing. For purposes of this section and these disciplinary provisions, the Board of Safety is the Town Council, as Town Legislative Body, which is the appropriate appointing authority of the Town. If a member desires a hearing, the member must request the hearing not more than five (5) days after the notice of the suspension, demotion, or dismissal. Written notice shall be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least fourteen (14) days before the date set for the hearing. The hearing conducted, under this Section shall be held not more than thirty (30) days after the hearing is requested by the member, unless a later date is mutually agreed upon by the parties. The notice must state:
1. The date, time and place of the hearing;
2. The charges against the member;
3. The specific conduct that comprises the charges;
4. That the member is entitled to be represented by counsel;
5. That the member is entitled to call and cross-examine witnesses;
6. That the member is entitled to require the production of evidence; and
7. That the member is entitled to have subpoenas issued, served, and executed in Lake County, Indiana.
In a disciplinary hearing concerning a member of the Metropolitan Fire Department, such hearing shall be conducted in the manner prescribed by the rules adopted by the Board of Safety, which rules shall provide for an appropriate appeal procedure.
(Ord. No. 1804, 2-8-12)