Paid Firefighters

• Author: Raymond S. DiRaddo
• Pages: 763-818

Chapter 22

Paid Firefighters

New York Fire District Officers’ Guide

§22:10 22-2

NOTE: At any time when paid firefighters are contemplated, it is advisable to consult with the fire district

attorney, labor counsel, the fire district insurance advisor, the fire district treasurer and other state and municipal

agencies as noted in this chapter.

§22:10 PAID FIREFIGHTERS

As the number of volunteer firefighters decreases, fire districts, especially those in suburban areas, are

finding it necessary to employ firefighters. In order to employ paid firefighters and fire officers, boards of fire

commissioners must comply with the requirements of the law. Prior to any public hearing on the establishment

of paid firefighters, consultation with the local Civil Service Office is crucial.

Prior to the hiring of a paid firefighter, the Board should confer and consult with the local County Civil

Service Office. The County Civil Service Office will assist the board of fire commissioners with interpretation of

the Civil Service Laws. The local office will prepare and administer all examinations, and prepare and establish

the list of qualified candidates for the firefighter position. Finally, the local Civil Service Office will develop job

titles, job descriptions and duties for the board of fire commissioners.

§22:20 GOVERNMENT SERVICE CLASSIFICATION

In government, there are two major categories: the unclassified service and the classified service.

The board of fire commissioners members are included in the unclassified service. Civil Service Law §35(a).

The reason the position is unclassified is because they are elected officials.

§22:20.1 THE CLASSIFIED SERVICE

The classified service is defined as all offices and positions not included in the unclassified service. Within

the classified service, there are four categories of employees. They are designed as the exempt class, the non-

competitive class, the labor class and the competitive class. Civil Service Law §40.

§22:20.1.1 EXEMPT CLASS

The exempt class, aside from those positions explicitly listed, is reserved for those classifications where

examination for the position is not practicable. Civil Service Law §41(e). No office or position shall be deemed

to be in the exempt class unless it is specifically set forth in the rules of civil service. Civil Service Law §41(2).

The District Treasurer and District Secretary are members of the classified service; however, their positions are

exempt from the examination process. Moreover, there is a confidential relationship between the Board of Fire

Commissioner members and the district treasurer and secretary.

§22:20.1.2 NON-COMPETITIVE CLASS

Any position not in the labor or exempt class and for which competitive examination to ascertain the merit

and fitness of the applicant is impractical is considered in the non-competitive class. Civil Service Law §42(1).

Generally, the local civil service commission designates which positions are deemed non-competitive. Civil

Service Law §42(1).

Paid Firefighters

22-3 §22:30.1.2

§22:20.1.3 THE LABOR CLASS

The labor class is a position in which there is no minimum qualification. To qualify for the labor class, the

fire district may set minimum qualifications for fitness as the board of fire commissioners deems practicable. The

laborers classification is generally reserved for entry-level employees. Civil Service Law §43.

§22:20.1.4 THE COMPETITIVE CLASS

The competitive class includes those positions where an examination is practicable in order to determine the

fitness and merit of the applicant. Civil Service Law §44.

§22:30 EXAMINATION, QUALIFICATION AND APPOINTMENT IN THE COMPETITIVE CLASS

§22:30.1 THE EXAMINATION PROCESS

Examinations are used to determine the fitness and merit of any applicant for a position in the competitive

class. Civil Service Law §50(1). The local civil service department issues the announcement of the examination.

The announcement sets forth the minimum qualifications required for the position, the subjects of the

examination, and other such information as the civil service department requires.

§22:30.1.1 APPLICATION FOR EXAMINATION

The civil service department requires all applicants to file, during a prescribed time, a formal application. In

the application, the applicant must disclose information regarding his background, experience and qualifications

for the position he seeks, and his merit and fitness for the public service.

The application must be signed by the applicant and shall contain an affirmation by him that the statements

therein are true under the penalties of perjury. Civil service may require certificates of citizenship or physicians’

certificates to accompany an application. Statements of public officers or others having knowledge of the

applicant may also be required. Civil Service Law §50(3).

§22:30.1.2 DISQUALIFYING AN APPLICANT OR REFUSING TO CERTIFY AN ELIGIBLE

APPLICANT

The civil service department may refuse to examine an applicant, or after examination to certify as eligible,

if any applicant is found to:

(a) Lack the prerequisites to sit for the examination or for appointment to the position; or

(b) Have a disability which renders him or her unfit to perform the duties of the position, or render him or

her unfit to continue to perform in a reasonable manner the duties of such position; or

(c) Have been found guilty of a crime; or

(d) Have been dismissed from public service upon charges of incompetency or misconduct, or have

resigned from a permanent or temporary position in the public service; or

(e) Have intentionally made a false statement in the application; or

(f) Have practiced, or attempted to practice, any deception or fraud in the application, in his examination,

or in securing his eligibility or appointment; or

(g) Have been dismissed from private employments because of habitually poor performance. Civil Service

Law §50(4).

Any disqualified applicant must be given a written statement of the reasons for the disqualification and be

given an opportunity to make an explanation and to submit facts in opposition to such disqualification.