Opinion 97 - 24
FIRE DISTRICTS -- Auxiliary (participation in service award program) VOLUNTEER FIREFIGHTERS -- Service Award Program
(participation by members of the "auxiliary" of an incorporated fire company
located within a fire district) Article 11-A of the General Municipal Law (§214 et seq.) provides that "active volunteer firefighters" who meet certain age and length of service requirements may participate in a service award program (General Municipal Law, §217[a]). For this purpose, an "active volunteer firefighter" is a person who has been approved as an active member of a fire department or fire company by the authorities in control of the department or company and "who is faithfully and actually performing service" in the protection of life and property from fire and other emergency (see General Municipal Law, §215[1]). There is nothing in article 11-A which specifically authorizes members of an auxiliary organization to participate in a service award program. Thus, in order for a member of an auxiliary
organization to participate in a service award program, he or she must be considered an
"active volunteer firefighter". To be considered an active volunteer
firefighter, he or she must meet two requirements. The individual must have been
appointed, approved or deemed approved as a member of the department or company by the
board of fire commissioners of the fire district pursuant to section §176-b (2) of the
Town Law. The individual also must be currently active, that is, subject to call for
whatever duties may be assigned under the rules and regulations of the department or
company (1994 Opns St Comp No. 94-33, p 59). An individual performing the functions of a
firefighter voluntarily and not as a matter of duty is not an active member, even though
the person may be carried on a separate roster as an inactive, honorary, life, social, or
some similarly named member (id.). |