Can the chief, deputy chief, or assistant chief of a village fire department also serve as the village mayor or a village trustee in New York?

Plain-English summary

The Village of North Syracuse owned the equipment and land used by its Fire Department, and its Board of Trustees approved Fire Department membership and the election of all Fire Department officers. The board was thinking about amending Fire Department rules to relax the existing prohibition, so that only the Chief and Deputy Chief, not the Assistant Chief, would be barred from also holding Mayor or Trustee office. The Village Attorney asked the AG whether that change would be lawful.

The AG said no. Village Law § 10-1012 expressly prohibits a person from holding the office of Village Mayor or Trustee and the office of Chief or Assistant Chief of a Village Fire Department. The only carve-out in § 10-1012 is when the trustee does not appoint or approve the appointment of the chief or assistant chief; in North Syracuse, the Board did approve those appointments, so the carve-out did not apply.

The reason the statute imposes the bar is the chain of command. Where the village has no separate board of fire commissioners (the case in North Syracuse), Village Law § 3-308(1) and § 10-1006(12) make the board of trustees the governing body of the fire department. The Chief, under § 10-1018, runs the fire scene and supervises equipment under the direction of the Board of Trustees and reports to the Trustees on the condition of equipment. The Chief and Assistant Chiefs carry out policies set by the Trustees. Letting the same person occupy both rungs collapses that supervisory relationship into one person supervising himself.

The AG also noted that the village's existing terminology was slightly off. Village Law does not use the term "Deputy Chief." The North Syracuse Deputy Chief was effectively serving as the First Assistant Chief in statutory terms, and was therefore covered by § 10-1012's prohibition on the same footing as any other Assistant Chief.

The opinion lined up with the AG's earlier analysis of analogous Town Law provisions governing fire districts in Op Atty Gen (Inf) No. 91-43.

Currency note

This opinion was issued in 1998. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the board amend its rules to permit a Trustee to be Assistant Chief?

No, not unilaterally. The prohibition sits in State statute, not in the village's own rules. The board's regulatory power under § 10-1000(6) is to "adopt rules and regulations governing the Fire Department and prescribe the duties of members," but a local rule could not override a State statutory bar on dual office holding.

Does the prohibition apply if the village has its own board of fire commissioners?

The opinion is written for a village where there is no separate board of fire commissioners and the trustees serve as the governing body. The statutory carve-out in § 10-1012 turns on whether the trustee appoints or approves the chief's appointment. Where appointment runs through a separate fire commission, that carve-out can come into play. The opinion does not address every permutation.

What about lower-ranking firefighters serving as trustees?

Section 10-1012 reaches only the Chief and Assistant Chiefs. The opinion does not extend the bar to wardens, captains, or lieutenants, who occupy lower rungs in the Fire Department but were not specifically named in the statutory prohibition. The opinion's reasoning, however, depends on the supervisory relationship; that reasoning is strongest for the most senior officers and weakest for ordinary members.

Why does the title matter if "Deputy Chief" is not a statutory term?

The Village Law's ranking structure runs Chief, First Assistant Chief, Second Assistant Chief, and so on. A position labeled "Deputy Chief" in local rules takes its statutory color from the function it serves. The AG treated North Syracuse's Deputy Chief as a First Assistant Chief because that was the role the Deputy Chief actually played. Local labels do not let a village opt out of the statute by changing nomenclature.

Did the AG read the statute strictly or look at policy?

Both. The plain text of § 10-1012 controls, but the AG also explained the policy: the prohibition reflects the subordination of the chief and assistant chiefs to the board of trustees, and the policy interest in avoiding interference with on-duty supervision by the chief.

Background and statutory framework

Article 10 of the Village Law sets up the framework for village fire departments. Section 3-308(1) and § 10-1006(12) make the board of trustees the governing body when there is no separate board of fire commissioners. Section 10-1000(6) gives that governing body authority to adopt rules and regulations and prescribe the duties of members, subject to the limitation that it may not interfere with the duties of the Fire Chief or Assistant Chiefs when the department is on duty.

Section 10-1018 places the Chief, under the direction of the board, in exclusive control of department members at fires, inspections, and reviews, supervising equipment and reporting to the board on its condition. In the Chief's absence or disability, the First Assistant Chief and other Assistants in order of rank take over the Chief's responsibilities.

Section 10-1012 is the dual-office-holding bar. It prohibits the Village Mayor or Trustee from also holding the office of Chief or Assistant Chief, with the carve-out for trustees who do not appoint or approve those appointments.

The AG had previously analyzed parallel Town Law provisions governing fire districts in Op Atty Gen (Inf) No. 91-43, finding similar prohibitions. The 1998 opinion confirms that the Village Law provisions cut the same way.

Citations

• Village Law § 3-308(1) (board of trustees as governing body in absence of fire commissioners).
• Village Law § 10-1000(6) (rulemaking power; no interference with chief's on-duty supervision).
• Village Law § 10-1006(12) (board of trustees as fire department governing body).
• Village Law § 10-1012 (dual office holding prohibition with carve-out).
• Village Law § 10-1018 (Chief's authority over members, equipment, and reporting).
• Op Atty Gen (Inf) No. 91-43 (analogous Town Law provisions governing fire districts).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_98-33_pw.pdf

Original opinion text

VILLAGE LAW, ART 10, §§ 3-308(1), 10-1000(6), 10-1006(12),
10-1012, 10-1018.
The Chief, Deputy Chief and Assistant Chief of a Village
Fire Department may not hold the office of Mayor or Trustee of
the Village.

July 10, 1998

Scott F. Chatfield, Esq.
Village Attorney
Village of North Syracuse
P. O. Box 614
Tully, NY 13159

Informal Opinion
No. 98-33

Dear Mr. Chatfield:
You have inquired whether the rules and regulations of the
Village Fire Department may be amended to prohibit only the Chief
and Deputy Chief from also holding the offices of Mayor or
Trustee of the Village. Currently under the rules the Chief,
Deputy Chief, Assistant Chief and the Wardens are prohibited from
also holding the offices of Mayor or Trustee.
As background information, you have informed us that the
Village owns the equipment and land utilized by the Village Fire
Department and that the Board of Trustees approves all Fire
Department membership and the election of all Fire Department
officers. The descending order of rank of the officers in the
Fire Department is as follows: Chief, Deputy Chief, Assistant
Chief, two Wardens, two Captains and six Lieutenants. All other
Fire Department personnel are members only. Control of the Fire
Department at a fire scene is the responsibility of the highest
ranking officer present. The Board of Trustees has
responsibility for disciplining members of the Fire Department.
Village fire departments are authorized and established
under Article 10 of the Village Law. Under those provisions, in
the event the village has no board of fire commissioners, the
board of trustees serves as the governing body of the fire
department. Village Law §§ 3-308(1), 10-1006(12). You have
indicated that the Board of Trustees performs this role in your
Village. Therefore, the Board of Trustees is responsible for the
adoption of rules and regulations governing the Fire Department
and prescribing the duties of members. Id., § 10-1000(6). The
Board of Trustees may not, however, interfere with the duties of

2
the Fire Chief or the Assistant Chiefs1 when the Fire Department
or any Company of the Department is on duty. Id.
The Fire Chief, under the direction of the Board of
Trustees, has exclusive control of the members of the Fire
Department at all fires, inspections and reviews and supervises
the engines, hose and other equipment owned by the Village for
the prevention or extinguishment of fires and all other property
of the Fire Department. Id., § 10-1018. The Chief, when
required, must report to the Board of Trustees on the condition
of equipment and provide any other information requested by the
Trustees. Id. In the event the Fire Chief is unable to
undertake his responsibilities or is absent, the First Assistant
Chief and other Assistants in order of rank will assume the
Chief's responsibilities. Id.
The Village Law specifically prohibits a person from holding
the office of Village Mayor or Village Trustee and the office of
Chief or Assistant Chief of a Village Fire Department. Id.,
§ 10-1012. We note that a Village Trustee who does not appoint
or approve the appointment of the Chief or Assistant Chief may
hold those offices. Id. However, you informed us that this is
not the case in your Fire Department. This statutory prohibition
undoubtedly is based upon the subordination of the positions of
Chief and Assistant Chiefs to the Board of Trustees, the
governing body of your Village Fire Department. The Chief and
Assistant Chiefs are responsible for carrying out policies
established by the Board of Trustees. Also, the Village Board
may not interfere with the supervision of the members of the Fire
Department by the Chief and Assistant Chiefs when the Fire
Department is on duty. We note that provisions of the Town Law
governing fire districts have similar provisions and
prohibitions. Op Atty Gen (Inf) No. 91-43.
Therefore, the provisions of the Village Law require that
you continue to prohibit the Chief, Deputy Chief and Assistant
Chief from also holding the office of Mayor or Trustee of the
Village.

1

Note that the Village Law does not use the term "Deputy
Chief." Your Deputy Chief is essentially serving as the First
Assistant Chief as the term is used in the statute.

3
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,

JAMES D. COLE
Assistant Attorney General
In Charge of Opinions