Are the Fire Department Bylaws Being Properly Followed?
At the April 17 Board of Selectmen meeting a citizen claimed that the Board of Selectmen was handling the situation with the Fire Chief incorrectly, as according to the Fire Department bylaws they claimed he was to be treated as an elected official, not an employee.
To investigate this claim and to attempt to answer some of the many questions other citizens have raised about the situation, I requested a copy of the Fire Department bylaws (they’re not available online). I promptly received them from the Town Administrator.
The bylaws have several sections that are relevant to the situation, although the most important one may be this one in the preamble:
“In an area of conflict, the Town of Nottingham Personnel Policies will take precedence.”
Those town policies are, however, not disclosed on the town’s website. That will be a research project for another day. In the meantime, the Fire Department bylaws have some provisions that help answer some of the questions raised. This article covers those provisions and my interpretation of them. Others, of course, may interpret the bylaws differently. Please describe in the comments if you have a different interpretation.
For those who want very short answers:
Is the Fire Chief an elected official? - No.
Is the complaint being properly handled? - There isn’t enough information to say. But, if the complaint came from a member of the department, there may have been some improper treatment based on the provisions of the bylaws.
What about the details of the allegation being withheld from the accused? - The situation is complicated, but at this point in the town’s investigation, the bylaws do not require disclosure of the complaint to the accused.
Is the Interim Chief Allowed to drive a department vehicle out of town? - Yes.
Can someone who is not an existing member of the Fire Department be Fire Chief? - Yes.
Why didn’t the Deputy Chief become Interim Fire Chief? - It’s the Board of Selectmen’s decision.
Is the Fire Chief an Elected Official?
The claim at the April 17 Board of Selectmen meeting that the Fire Chief is an elected official seems to be incorrect.
Article V of the bylaws state:
“The officers of the department shall be:
One Chief - elected by the membership and confirmed by appointment by the Board of Selectmen.”
Article VI says:
“The Chief and Secretary shall be elected by popular vote of the members at the January monthly meeting of each year, by written ballot, for a one-year term…. Chief selection is subject to final approval by the Board of Selectmen (BOS) at the next BOS meeting. The elected Chief shall assume all responsibilities upon appointment by the BOS.”
I read these to mean that the Chief is not an elected official. The Board of Selectmen has the authority to appoint the Chief. It’s just that the board commonly defers to whom the membership selects to be Chief.
Is the Complaint Being Properly Handled?
With what little information is publicly available, it’s hard to say whether the complaint is being properly handled. The bylaws, however, have some relevant sections on this question, most particularly if the complaint came from a member of the department. If it did come from a member of the department, it seems likely that the bylaws are not being followed.
Article XIV discusses the duties of the Executive Board. Among these duties:
“The Executive Board shall hear all grievances and mediate all personnel and personal complaints among members. It will be their duty to seek resolution by moderating the parties involved. If this is not successful, it is their duty to direct dissatisfied members to the subsequent procedures in Article XV.”
Who is on the Executive Board? That’s in Article V. It’s a three-member board that includes the Chief and the Deputy Chief(s). The Article also states:
“In the event that one of these members is disqualified for any reason, the most senior member of the Department shall be designated to serve as the third member of the Executive Board.”
I read this to mean that if the complaint against the Chief came from a member of the department then the complaint must go to the Executive Board with the Chief being recused and replaced by the most senior member of the department. So far no one has reported anything associated with the Executive Board. So, if the complaint came from within the department, there would seem to be an issue of improper handling of the complaint according to the provision of the bylaws.
If the complaint did not come from within the department, then this provision would not be in effect for such a situation.
What About the Details of the Allegation Being Withheld from the Accused?
The bylaws do require the details of the allegation to be given to the accused - but, only in cases in which the accused has been suspended or impeached, and even then, only if the accused wishes to appeal. Hence, the distinction between suspension and paid administrative leave is crucial here. The Fire Chief is on paid administrative leave while an investigation is being conducted. He has not been suspended.
Article XV says:
“Full-time employees are governed by the Town of Nottingham Personnel Policies NFRD SOP/SOG and/or other applicable documents. Personnel complaints among members should be directed to the Executive Board who should seek to moderate differences. If resolution is not possible, any Member can submit a written grievance or complaint for misconduct, negligence, or lack of professionalism. Such complaints shall come before the Executive Board. Upon receipt of a written complaint, the Executive Board shall notify in writing the person against whom the grievance of complaint is made. The person against whom the charge is made may submit a written defense….. The Executive Board will schedule a meeting within 15 days of receiving a complaint…. The person who is filing the complaint must be present at the meeting. Within 15 days of the meeting a written resolution must be filed…. Upon receipt of a written complaint, the Executive Board shall notify in writing the person against whom such a grievance or complaint is made…. Appeals may occur. A member may appeal in writing suspensions and impeachment before the Board of Selectmen. A written decision by the Board of Selectmen must be reached within 30 days of a meeting of the parties. This meeting shall include the Board of Selectmen, the Fire Chief, and the aggrieved party. These parties shall receive a copy of the original file of accusations, defenses and resolutions.”
Is the Interim Chief Allowed to Drive a Department Vehicle Out of Town?
According to the bylaws, whoever is Chief has the authority to allow vehicles to be driven out of town. So, the Chief can allow himself to do so.
Article XIX
“In exception of a request for mutual aid, no apparatus shall leave Town without approval of the Chief and must be reported to Dispatch.”
Can Someone Who Is Not an Existing Member of the Fire Department Be Fire Chief?
Some people have complained that the Interim Fire Chief is not a resident and was not a member of the Fire Department before his appointment. The bylaws are a bit confusing on this point, but they seem to restrict only who the members of the Fire Department may elect, not whom the Board of Selectmen may appoint.
Article V also gives minimum qualifications for the Chief, saying:
“The Chief and Deputy Chief(s) shall each have a minimum of FFI (or be an active member on any department since 1991) and FR, and a minimum of ten years in fire and/or rescue service, at least five of which must be with the NFRD….”
I read this to mean that the membership is constrained by the bylaws with regard to the qualifications of whom they may elect, but these bylaws would not seem to be binding on whom the Board of Selectmen may appoint as Chief.
Why Didn’t the Deputy Chief Become Interim Fire Chief?
The bylaws do not constrain whom the Board of Selectmen can appoint as Fire Chief.
Article VIII states:
“In the absence of the Chief, the Deputy Chief(s) assume the duties of the Chief in accordance with these Bylaws and within NH RSA 154.”
I read this to mean that the Deputy Chief does not automatically assume the position of Chief and is not required to. It’s only in the absence of a Chief that this happens. This provision of the bylaws does not prevent the Board of Selectmen from appointing a Chief.
