GENERAL MUNICIPAL LAW, §209-c: A fire police squad may not be
incorporated as a separate not-for-profit corporation.
You ask whether a fire police squad may separately incorporate as a not-for-profit corporation.
General Municipal Law, §209-c provides that the authorities having control of fire departments and fire companies may organize fire police squads "within such departments or companies". Section 209-c further provides that the police squads shall be composed of volunteer firefighters "who are members of such departments or companies".
Based on the quoted language in section 209-c, we have previously concluded that a fire police squad is intended to be a component of a fire department or fire company (1971 Opns St Comp No. 71-683, unreported; 17 Opns St Comp, 1961, p 142). Therefore, we have expressed the opinion that a fire police squad may not separately incorporate as a not-for-profit fire department or company (id.).
There have been no subsequent statutory amendments or judicial decisions which would cause us now to reach a contrary conclusion. Accordingly, it remains our view that a fire police squad may not separately incorporate (see also 1990 Opns St Comp No. 90-34, p 78, in which we concluded that an emergency rescue and first aid squad organized pursuant to General Municipal Law, §209-b may not be established as a separate company within a fire department).
June 17, 1991