Fire District VS Fire Companies - Selection of Officers

[ex-commish 490]

In another forum a question was raised about the liability of a fire commissioner. I have another question. Most volunteer depts have companies that nominate and elect thier officers. Can a board of fire commissioners over rule a company nomination? Do the have the authority to do that? There is an opinion dated back to the 90's by the Attorney General that says the a board of fire commissioners bear the liability of the actions of the fire company officers but does this in itelf give a board right to over rule company nomination or election?

[grumpyff 1,159]

I've seen it done with an election for chief. The membership voted for a candidate, and when the commissioners voted, they voted NO for said candidate and he was not elected. Was it legal....not sure but. The decision stood

[Geppetto 31]

Is this the opinion you are referring to?

http://www.oag.state.ny.us/bureaus/appeals_opinions/opinions/1997/informal/I%2097-49%20pw.pdf

This one implies that qualifications would need to be established first, by the BOFC, and then the BOFC would have the right to deny potentially unqualified officers.

Edited November 14, 2009 by Geppetto

[Mark Z 18]

I think it would depend on the fire district/dept. I know some places that the chief candidates are selected by the commissioner and then is voted on by the dept. I also know of one dept in TX where the chief is approved by the comissioners and given to the dept without dept approval.

[16fire5 693]

NYS Town Law does weigh in on the issue. The firefighters elect the chief (this includes the career firefighters if I remember an opinion correctly) then the Commisioners confirm the chief. If the commisioners do not confirm the chief it gets kicked back to the company. Commisioners can go career and hire a chief but thats a different discussion.

[ex-commish 490]

Is this the opinion you are referring to?

http://www.oag.state.ny.us/bureaus/appeals_opinions/opinions/1997/informal/I%2097-49%20pw.pdf

This one implies that qualifications would need to be established first, by the BOFC, and then the BOFC would have the right to deny potentially unqualified officers.

[/quote

Yes it is the opinion I am refering to. Thank you.

[ex-commish 490]

NYS Town Law does weigh in on the issue. The firefighters elect the chief (this includes the career firefighters if I remember an opinion correctly) then the Commisioners confirm the chief. If the commisioners do not confirm the chief it gets kicked back to the company. Commisioners can go career and hire a chief but thats a different discussion.

Thanks but I am refering to company officers ( Capt, LT) not chief officers.