Except as otherwise provided by law no permanent member or officer of the paid or part-paid fire department or force shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct, or disobedience of rules and regulations established for the government of the paid or part-paid fire department and force, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment or position therein except for just cause as hereinabove provided and then only upon a written complaint, setting forth the charge or charges against such member or officer. Said complaint shall be filed in the office of the body, officer or officers having charge of the department or force wherein the complaint is made and a copy thereof shall be served upon the member or officer so charged, with notice of a hearing thereon designating its time and place by the proper authorities, which shall be not less than 10 nor more than 30 days from the date of service of the complaint. A failure to substantially comply with said provisions as to the service of the complaint shall require a dismissal of the complaint.
Notes of Decisions
Capua v. City of Plainfield, 643 F. Supp. 1507 (D.N.J. 1986).
· cites it 4× “On its face, N.J.S.A. § 40A:14-19 explicitly mandates that no suspension shall occur until an opportunity has been provided for the presentation of charges, hearing, opportunity for defense and an adjudication of guilt or innocence.”
Krause v. Cherry Hill Fire Dist. 13, 969 F. Supp. 270 (D.N.J. 1997).
· cites it 4× “N.J. Stat. Ann. § 40A:14-19 (West 1993). It is undisputed that no formal charges have been proffered, nor hearings held involving these plaintiffs.”
Indep. Volunteer Fire Co. Vs. Town of Hammonton, No. A-2876-18 (N.J. Super. Ct. App. Div. Apr. 19, 2021).
· cites it 6× “They alleged the Town violated N.J.S.A. 40A:14-19, which provides that a "member or officer of [a] paid or part-paid fire department or force shall be .”
S.B. Vs. State of New Jersey (new Jersey Transit Police Dep't), No. A-2930-16T1 (N.J. Super. Ct. App. Div. Apr. 12, 2019).
· cites it 2× “In Capua, the court addressed N.J.S.A. 40A:14-19, which provides in pertinent part: Except as otherwise provided by law no permanent member or officer of the paid or part-paid fire department or force shall be removed from his [or her] office, employment or position for…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.