The approval of the governing body of the City of
North Wildwood of membership in the Volunteer Division may be suspended
or revoked by the governing body of the City of North Wildwood for
just cause after notification to such member and a hearing conducted
by the governing body. No such hearing, however, shall be conducted
by the governing body unless a disciplinary complaint against a member
of the Volunteer Division has been referred to it by the governing
body's Public Safety Committee with a recommendation for suspension
or revocation of membership. The Public Safety Committee of the governing
body shall not forward to the governing body a disciplinary complaint
against a member of the Volunteer Division unless the complaint has
been referred to it by the North Wildwood City Administrator with
a recommendation for suspension or revocation of membership. The North
Wildwood City Administrator shall not forward to the Public Safety
Committee of the governing body a disciplinary complaint against a
member of the Volunteer Division unless the complaint has been referred
to the City Administrator by the North Wildwood Fire Chief with a
recommendation for suspension or revocation of membership. Disciplinary
complaints against members of the Volunteer Division for suspension
or revocation of membership in the Volunteer Division may be made
by any resident of the City of North Wildwood upon written complaint
made to the North Wildwood Fire Chief who, immediately upon receipt
of any such complaint, shall provide a copy thereof to the member
against whom the complaint has been brought. Service of a copy of
the complaint upon the member shall made either personally or by regular
first-class mail and certified mail, return receipt requested, addressed
to the member's address as it then appears on the records of the Volunteer
Division.
(1)
Just cause for suspension of membership or revocation
of membership shall include, but shall not be limited to, the following:
(a)
Willful damage to apparatus, equipment or any
property of the City of North Wildwood.
(b)
Willful damage or injury to the person or property
of others.
(c)
The unlawful taking or retention of property
of the City of North Wildwood or of others.
(d)
Willful disobedience or refusal to obey the
lawful orders of the Fire Chief and/or other superior officers of
the Fire Department while attending fires, participating in drills
or performing other departmental duties.
(e)
Being transported upon or using City equipment,
attending fires, participating in drills or performing other departmental
duties while intoxicated.
(f)
Acting in a disorderly manner at fires, drills
or any public gatherings.
(g)
Committing an assault upon any fellow member
or officer of the Fire Department or upon any other person.
(i)
Neglect of duty or long-continued failure to
perform Fire Department duties or to render fire services to the City
of North Wildwood.
(j)
Unnecessary speeding or violation of laws pertaining
to the driving and operation of personal motor vehicles while responding
to an alarm or emergency on streets, highways or public places or
upon private property.
(k)
Unauthorized use of City owned apparatus or
equipment or removal thereof from any fire station or permitting the
same to be done by others.
(l)
Making known the contents of any order or other
information of a confidential or departmental nature other than to
persons concerned therewith to whom the same may be directed.
(m)
Conduct unbecoming or engaging in or assisting
in the performance of any act which is prejudicial to or subversive
of the good order and discipline of the City of North Wildwood Fire
Department.
(2)
Nothing contained in this subsection shall be deemed
from prohibiting a member of the Volunteer Division from voluntarily
accepting, at any stage of review, a membership suspension or removal
recommendation that has been made pursuant to the provision of this
subsection and, in the case of acceptance of a membership suspension
or removal, the acceptance shall be reduced to a writing signed by
the member accepting the membership suspension or revocation.
