Section 72-O. Expenses of volunteer fire officers and firefighters appearing before a court or other tribunal  


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  • 1. The chief officer of the fire  department of a municipal corporation or fire district, subject  to  any
      rules   or   regulations   governing   such  department,  may  authorize
      reimbursement for the volunteer officers or members  of  the  department
      who appear before a court or other tribunal:
        a. when the judicial or other proceeding relates to activities arising
      from the duties of the volunteer fire officer or firefighter; and
        b.  the  volunteer  fire officer or firefighter is not involved in any
      criminal activity or is the subject of or is personally charged  with  a
      violation  of  any section of law, rule or regulation being investigated
      by the court or other tribunal; and
        c. the volunteer fire  officer  or  firefighter  has  not  been  given
      immunity  by  a court or other tribunal in relation to such proceedings;
      and
        d. the volunteer fire officer or firefighter has no financial interest
      in the outcome of such proceedings; and
        e. the volunteer  fire  officer  or  firefighter  has  been  issued  a
      subpoena to appear and give testimony in such action or proceeding; and
        f. the chief officer has been notified of the volunteer fire officer's
      or firefighter's receipt of a subpoena.
      Such  authorization  from  the  chief  officer  may  not be unreasonably
      withheld. Failure to obtain such authorization shall not  be  deemed  to
      excuse  a  volunteer  fire  officer or firefighter from complying with a
      lawfully issued subpoena, but shall not entitle him to  the  payment  of
      expenses incurred, as provided in subdivision two of this section.
        2.  The  governing board of the municipal corporation or fire district
      by resolution may provide for the payment, in the same manner  as  other
      claims  against  the municipal corporation or fire district are audited,
      allowed and paid, of all actual and necessary expenses of travel,  meals
      and  lodging  necessarily and reasonably incurred by such volunteer fire
      officers  and  firefighters  in  apppearing  before  a  court  or  other
      tribunal.  Such resolution may also provide for the reimbursement of all
      actual lost wages necessarily and reasonably incurred by such  volunteer
      fire  officers  and firefighters, up to a maximum of one hundred dollars
      per day. If such travel is by a car owned by the volunteer fire  officer
      or  firefighter,  he may be paid a reasonable mileage allowance for each
      mile actually and necessarily traveled by him in appearing  before  such
      court  or  other  tribunal. If such claim includes any amount for actual
      lost wages, a statement by the volunteer fire officer's or firefighter's
      employer shall be attached. Any claim for such expenses or reimbursement
      shall have endorsed thereon, or attached thereto,  a  statement  by  the
      chief  officer  of  the  fire  department  or  fire district that he was
      notified of the volunteer fire officer's or firefighter's receipt  of  a
      subpoena  requiring  him  to appear and give testimony before a court or
      other tribunal, such chief officer's authorization therefor and copy  of
      such subpoena.