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Daily Douse

elected and appointed positions

3/14/2019

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We were asked recently about officer positions, and eligibility of points. In this particular fire department, there are five fire companies. In addition, there is a "rescue squad", the membership of which is comprised of members of the five fire companies. The rescue squad is responsible for rescue operations - cutting cars, and similar type operations.

This rescue squad has an elected captain. The question is, can points be awarded to the rescue squad captain?

At the heart of the issue is the definition of "elected or appointed position" in the statute, which is: line officers, department or company officers and president, vice president, treasurer and secretary of a fire company or department. In this instance, the individual is the captain of the rescue squad, and the squad is not a fire company.

A position was taken that the captain of the rescue squad cannot be given points as an officer. However, I think it is reasonable for officer points to be given if the rescue squad captain is considered a "line officer" in the by-laws. Since a captain typically is considered a line officer, it would seem appropriate to give that person the allotted points for an officer. We would suggest to ensure that, in this instance, the by-laws reflect that the rescue squad captain is a line officer, thereby making it clear points for holding this office can be earned.

Another note about officers - committee members, or committee chairpersons, do not meet the definition of an elected or appointed position, therefore are not eligible for points under the officer category. This was corroborated in a recent audit by the Office of the State Comptroller.
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