Informal Opinion No.

Gerald E. DeFilippo, Esq. Corporation Counsel, Elmira

You have asked whether a fire chief who is the head of a city's fire department and who is an honorably discharged veteran is entitled to the protection provided by section 75 of the Civil Service Law.

Under section 75 of the Civil Service Law, a person holding a position by permanent appointment or employment in the classified service in any local government in the State who is an honorably discharged member of the armed forces of the United States having served in time of war may not be removed or subjected to any disciplinary penalty…