Fire Engineering Training Community

Where firefighters come to talk training

Fire Law Forum with Legal Experts

Information

Fire Law Forum with Legal Experts

This group is dedicated to giving general answers to your legal questions. The forum is hosted by experts in fire service law throughout the nation. Attorneys will respond to issues posted on this site.

Members: 72
Latest Activity: Jun 22

Discussion Forum

24-48 w/ 3 day and 6 day vacay question.

Started by Brandon Lane Jun 22.

Restricted from working based on BMI

Started by Mike Lynn Feb 15, 2013.

Evaluating Firefighter Performance

Started by Ryland Kendrick Feb 13, 2013.

Comment Wall

Comment

You need to be a member of Fire Law Forum with Legal Experts to add comments!

Comment by Ted R. Kolb on October 18, 2013 at 6:54pm

Our department operates under the following:

Membership in this corporation shall be governed by NYS Article 14 Special Not-for-Profit Corporations Section 1402 (b) (3) Fire corporations.

Eligible persons may be elected as members pursuant to the by-laws of the fire corporation, but the election of a member must be approved by the town board of each town which consented to the formation of the fire corporation.  Such a person shall be a resident of the territory specified in the certificate of incorporation or of territory outside such boundaries which is afforded fire protection by the fire corporation etc.

My question:

Can a volunteer fire department in the State of NY set a distance in their by laws outside of the above statement?  

Example: Residents can be recruited from a 1 mile buffer zone outside of the territory specified in the certificate of incorporation.

If this is not legal what are the ramifications?

Comment by John K. Murphy on May 30, 2013 at 4:29pm

Policy would dictate these disciplinary memo's. Depending on the infraction they can be as short as 3 months to as long as 5 years. After that time they become meaningless unless there is repeated offenses of the same or different offenses and then you can use them in additional discipline to include termination. In my department, (Washington State) there were set term lengths that the memo remained in the personnel file and at the end of that period, the firefighter had to petition the Chief or HR in writing requesiting the letter be purged from the personnel file.

Comment by Ted R. Kolb on May 30, 2013 at 12:54pm

Can anyone advise me as to the length of time a disciplinary memo should remain in a firefighters personnel file.  The department is in NYS and is an all-volunteer incorporated department.

 

Thanks,

Ted R. Kolb

Comment by Brad Pinsky on May 7, 2012 at 11:29pm
The NYS Not For Profit Corporation law requires that votes be taken by members with a quorum present. The law does not permit voting by members other than in person, or through a proxy who is present at te meeting. Thus you cannot use electronic voting as you suggest.
Comment by Ted R. Kolb on May 6, 2012 at 1:56pm

We are in the process of updating our By Laws.  My question is amending and accepting the updated bylaws.

A majority vote of the membership, such as two-thirds present and voting or a majority of all the members, is usually required to amend bylaws.

We have now moved into the electronic age.  Is there an acceptable and legal way to vote on updating bylaws using the Internet and a given time period, say one week for all electronic votes to be submitted?

Our department is 100% volunteer in the state of NY.

Comment by Robert William Hoven on August 6, 2010 at 7:09pm
Thank You
Comment by Wayne DePew on December 10, 2009 at 12:19pm
My question concerns fire company by-laws and the membership not following them. Is there a legal libility issue for the officers and membership at large for not follwing the by-laws as written?
Comment by Brad Pinsky on October 23, 2009 at 10:48pm
Michael:

I presume the paid staff are part of the IAFF? If so, use the collective bargaining agreement (when negotiated) to limit the problem.
Comment by Brad Pinsky on October 23, 2009 at 10:46pm
Scotty:

The federal courts have held that the fire service does not have to permit non-capable persons to serve as firefighters so long as the physical limitation is related to serving as a firefighter. So actually, we do discriminate in some positive ways. Not everyone is cut out to be a firefighter.

If your question is whether it is permissible to give a reward to a person who is the "most" physically fit, I do not believe that this is a legal problem. Unless, of course, it violates a collective bargaining agreement.

Discrimination is only discrimination when it results in loss of privileges or rights. Rewards are a different issue, especially in the area of physical fitness.

I believe the courts, if asked, would not find rewards for physical fitness to be discriminatory, so long as everyone were able to participate.
Comment by John A. Van Doren on October 1, 2009 at 5:09am
Perhaps the line is crossed...but whos line? The discrimination may be your perception of the situation of filling an organization with physically capable people to do this blue collar work.

As a non-legal expert, I see this "day off" as a message from your department leadership which obviosly goes well in hand with our "Life Safety Initiatives".

This reward system also reexpains to the others (non-fit/aged) members this is a younger "persons" (I do not see the sexual discrimination in this either-you can either do the job or not) blue collar adventure.
 

Members (72)

 
 
 

Policy Page

Fire Engineering Editor in Chief Bobby Halton
We are excited to have you participate in our discussions and interactive forums. Before you begin posting, please take a moment to read our policy page HERE. -- Bobby Halton

Be Alert for Spam
We actively monitor the community for spam, however some does slip through. Please use common sense and caution when clicking links. If you suspect you've been hit by spam, e-mail peterp@pennwell.com.

FE Talk Radio

Thursday at 7:30 p.m. EDT

"The Training Office"

with

Al Schlick

 

CALL IN AND JOIN THE SHOW

1-877-497-3973 (Toll Free)
or 1-760-454-8852

Check out the schedule of
UPCOMING SHOWS

Ricky Riley, Dan Shaw, Doug Mitchell & Nick Martin

© 2014   Created by fireeng.

Badges  |  Report an Issue  |  Terms of Service