Rules and Regulations, Fire Commission

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For the purpose of this section, it is not required that the member be convicted of a crime. Acceptance of immunity from criminal prosecution, deferred acceptance of guilty pleas, deferred prosecution, and other such dispositions shall be considered prima facie evidence that a criminal act was committed. The Fire Department's Rules and Regulations governing standards of "General Conduct" shall be used when the Commission's rules are inadequate to cover the circumstances of the case. C. WITHDRAWAL OF COMPLAINTS A complaint may be withdrawn by a notice or letter of withdrawal, signed and dated by the complainant. In the event of death, the complaint will be considered automatically withdrawn unless otherwise refiled by an immediate family member within thirty (30) days of death. RULE 9. PROCESSING OF COMPLAINTS A. CONSIDERATION BY THE COMMISSION The Commission shall review each complaint. The complaint must involve an element of misconduct (malfeasance, misfeasance, or nonfeasance) by a firefighter or employee of the department. The Commission shall not hear a complaint i£ 1.) The complaint is filed after ninety (90) days of the incident in which the complaint is based; however, the Commission may allow the filing of a complaint after the ninety -day period for the following reasons: a. Excusable neglect. Lack of knowledge of the existence of the Commission or its complaint procedure shall not constitute excusable neglect in any case. b. Newly discovered evidence, which by reasonable diligence, could not have been discovered in time. Any reason for requesting relief from the ninety -day rule must be in writing and will be reviewed by the Commission for extenuating circumstances. 2.) The complaint is speculative or purely hypothetical and does not involve existing facts. 3.) The complaint does not involve an element of misconduct. 4.) The complaint is not within the jurisdiction of the Commission. 6