Paid Firefighters and Paid Fire Chief

• Pages: 811-860
• Author: Raymond S. Diraddo

PAID FIREFIGHTERS

AND PAID FIRE CHIEF

CHAPTER 22

PAID FIREFIGHTERS

AND PAID FIRE CHIEF

PAID FIREFIGHTERS

AND PAID FIRE CHIEF

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PAID FIREFIGHTERS

AND PAID FIRE CHIEF

22-3 Paid Firefighters and Paid Fire Chief §22:12

NOTE: At any time when paid firefight-

ers 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

AND PAID FIRE CHIEF

As the number of volunteer reghters decreases,

re districts are nding it necessary to employ paid re-

ghters. In order to employ paid reghters, paid re

ocers or even a paid chief, boards of re commission-

ers must comply with the requirements of the law. Civil

Service Law, Town law and Executive Law. Prior to any

public hearing on the employment of paid reghters or

a paid re chief, consultation and cooperation with the

local Civil Service Oce and local counsel is essential.

The local County Civil Service Oce will assist

the board of re commissioners with interpretation of

the Civil Service Laws. The local oce will prepare and

administer all examinations, and prepare and establish the

list of qualied candidates for the reghter position, or

if required the paid re chief‘s position. Finally, the local

Civil Service Oce will develop job titles, job descrip-

tions and duties for the board of re commissioners.

§22:11 IMPORTANT

CONSIDERATIONS BEFORE

HIRING PAID PERSONNEL

In the appointment of paid personnel, the Board

should be aware of the following facts:

(1) In addition to salary, fringe benets, such

as retirement, social security, etc., will add

substantially to the total cost to the district’s

budget. Paid personnel become part of the

New York State Public Employees Retire-

ment System or The New York State Police

and Fireghters Retirement System.

(2) To cover one position 24 hours, 7 days per week,

on a 365-day basis, taking into consideration

vacations, time o, etc., requires 4 personnel.

(3) Normal sick leave, not incurred in the line

of duty, should be considered as an average

of 7 days annually with any additional leave

granted subject to the discretion of the board

of re commissioners.

(4) In the line of duty compensation and be work-

ers compensation benets are substantial and

must be taken into account before hiring paid

personnel, including those that may be paid

under General Municipal Law §207(a).

§22:12 ROLE OF NEW YORK STATE

FIRE ADMINISTRATOR

The state re administrator is tasked with the

responsibility under Executive Law §158, to promul-

gate rules and regulations pertaining to (a) the approval

or revocation of re training programs for re ghters;

(b) minimum courses of study, attendance requirements,

and equipment and facilities to be required for approved

re training programs for re ghters; (c) minimum

qualications for instructors for approved re training

programs for re ghters; (d) the requirements of min-

imum basic training which re ghters appointed to

probationary terms shall complete before being eligible

for permanent appointment, and the time within which

such basic training must be completed following their

appointment to a probationary term; (e) the require-

ments of minimum basic training which re ghters

not appointed for probationary terms but appointed on

other than a permanent basis shall complete in order

to be eligible for continued employment or permanent

appointment, and the time within which such basic

training must be completed following such appoint-

ment on a non-permanent basis; (f) the requirements

for in-service training programs designed to assist re

ghters in maintaining skills and being informed of

technological advances; (g) categories or classications

of advanced in-service training programs and minimum

courses of study and attendance requirements with

respect to such categories or classications; (h) any

exemptions from particular requirements for the fol-

lowing reasons

1) in the opinion of the state re administrator

the standards of re training established and

maintained by the county, city, town, village

or re district are equal to or higher than those

established pursuant law, or

2) In the opinion of the state re administrator,

revocation of all or part of the exemption,

because the standards of re training estab-

lished and maintained by such county, city,

town, village or re district are lower than

those established pursuant to this article;

and (i) Education, health and physical tness

requirements for eligibility of persons for

provisional or permanent appointment in the

competitive class of the civil service as re

ghters as it deems necessary and proper for

the ecient performance of such duties;