CHAPTER 154 FIREWARDS, FIREFIGHTERS, AND FIRE HAZARDS
Firewards, Fire Chiefs and Fire Departments; Organization, Powers and Duties
Section 154:5
154:5 Chief Fireward, Engineer, or Fire Chief. –
I. The chief fireward, engineer or fire chief who is appointed, rather than elected in any town, village district, precinct, city or area shall be appointed for an indefinite period of time or for a definite term, as determined by the legislative body, and the tenure of office shall depend upon good conduct and efficiency. The chief fireward, engineer or fire chief shall be technically qualified by training or experience and shall have ability to command firefighters and hold their respect and confidence.
II. Subject to such written formal policies as may be adopted by the appointing authority, each chief fireward, engineer, or fire chief of any city or town who is appointed rather than elected, shall have authority to direct and control all employees of his or her department in their normal course of duty and shall be responsible for the efficient and economical use of all department equipment. Such chief fireward, engineer, or fire chief shall be subject to suspension without pay or dismissal only for cause, and after he or she has been presented with a written specification of the reasons. Upon such suspension or dismissal, the chief fireward, engineer, or fire chief shall be entitled to a hearing, on the merits and reasonableness of the action, in superior court in the county in which the municipality is located, provided that the chief fireward, engineer, or fire chief petitions the clerk of the superior court for such a hearing within 45 days of suspension or dismissal. The court shall have the power to affirm, modify or negate such suspension or dismissal, based upon its findings.