First Published 2/16/03
It’s common for volunteer fire departments to become embroiled in disputes with their governing body. For most, that comes in the form of a fire board, fire commission, board of trustees and in the case of Pennsylvania; township supervisors. It happens with either elected or appointed officials. Disputes develop over something as innocuous as someone questioning a project or a request for funding of said project. Some disputes are more complicated when finding the root cause. It is for a litany of reasons and with each new reason come more accusations, followed by more reasons.
One issue is common to 99% of these very public disputes; lack of communication! The other 1% can be chalked up to expectations-real or perceived. All the while, firefighters threaten to quit, but seldom do. Fire boards threaten to replace firefighters, but seldom do. It happened in my department many times; right up until we replaced the appointed trustees with elected trustees!
But still, where the roles aren’t clearly defined, there will be problems with “who does what”. Without boundaries, participants won’t know when that line is crossed; until there is a dispute.
I have been following stories from Windham Township, PA. The fire department packed up and moved out of the fire hall after an on-going dispute with the township supervisors failed to be resolved. What I find surprising is the precedent-setting move by this group of firefighters to follow through on their threat to leave. I can’t recall any other recent case where this was actually done. I have expressed my opinions previously on this event, but what I would like to do here is offer some ideas that may improve relationships between fire departments and their governing bodies.
For the purpose of this discussion, I will rely on the expertise of James S. Sinclair, who provides legal advice to fire districts.
In fire districts where fire departments are comprised of NON full-time employees, it is common for a “separate organization or association to exist with its own officers and by-laws, independent of the fire district’s board of trustees”. There is a legal relationship established through the by-laws. But it can also be loosely organized as a separate association and include paid and volunteer members. This association will typically have rules and non-profit status. It should be noted that rules cannot be contrary to applicable state laws. It is therefore important to remember that no one abdicates their responsibility under the law. An example is the selection of firefighters for a volunteer fire department. Though a department’s by-laws may state that fire department members “vote in” new members, it is, according to law, the responsibility of the board of trustees. The solution? Fire departments select a new member and “recommends” them to the trustees for approval. That should be a mere formality in most cases. However, in some districts, where the district enters into contract for fire protection, it would be the responsibility of the contracted fire department to select its employees, but only if a written contract exists. It becomes similar to a “vendor for services” relationship. The fire department is the “vendor” and the fire district is a “purchaser”. The agreement will also state that each party will comply with applicable laws.
Departments with separate membership organizations that are formalized, not-for-profit entities are provided with certain protections from liability. For example, if a claim is made against a firefighter, the others will be shielded from liability claims. The other advantage is, that while “members may change, the entity will remain the same”.
“Separate” department organizations should make certain that they are insured under the district’s general liability and umbrella coverage. Don’t take it for granted. Verify that the organization is included as a “named insured”. Depending on the relationship, organizations may seek insurance that is independent of the district’s coverages.
Remember that by-laws should not conflict with state laws and regulations. For instance, the Department of Labor rules. By-laws that deal with medical and physical qualifications for members must be consistent with DOL regulations. If SOGs are written for such activities as SCBAs, structural firefighting requirements, blood borne pathogens and HAZMAT incidents, include a statement that says, “ if there is a difference between the SOG and the state regulation, the state regulation will take precedence”.
By-laws that include disciplinary procedures should be carefully drafted and include an appeal or review process and especially where the board of trustees make appointments. A review process constructed in accordance with rights to due process will insulate the fire district from potential claims of unfair acts.
If terms of the relationship between the fire department and the fire district are clearly spelled out and clearly communicated, then expectations by both will be met and save time and money, should a problem arise.
These suggestions are useful, regardless of what form of government under which you operate. Reducing agreements to writing must be done to avoid ugly messes, such as the one playing out in Windham Township, PA.
Let’s face it; as we get older, we inherit shorter memories. Writing it down just makes good sense.
It’s universal; it’s worldwide. It doesn’t matter if you’re from Illinois, Connecticut, New York, Michigan, New Jersey, California, Australia, New Zealand, Great Britain or Canada; having a written agreement with your governing body will reduce your stress levels.
Patrick J. from Canada sent me a very descriptive model of his system for fire protection. It was so much like fire districts in Illinois that it was scary! But he was quick to point out that no written agreement existed between his fire department and his board of directors; some elected and some appointed. Oh and no by-laws!
Elected or appointed; it isn’t going to matter if you don’t have written expectations.
Why go to the trouble of removing someone from office, if you won’t take the time to write your operating guidelines?
If nothing else, the “process” has to bring both sides together.
You know: TO COMMUNICATE!
Take care and stay safe.
The article as submitted is published under The Adventures of Jake and Vinnie© umbrella and is the intellectual property of Art Goodrich a.k.a. xchief22 and ChiefReason. It is protected by federal copyright laws and cannot be re-printed in any form without expressed permission from the author.
Also on Chief Reason …
- Putting the Trust in Trustee – May 4, 2010
- Person of Convictions or Convicted Person? – May 10, 2010
- Should I Stay or Should I Go? – July 15, 2010
- Arrogance and Ignorance Is a Dangerous Combo – February 14, 2010
No Comments