Informal Opinion No.

Anthony V. Barbiero, Esq. Fire District Attorney, Elmont

You have asked whether the members of a volunteer fire company may expel a volunteer member of that company without the concurrent action of the board of fire commissioners of the fire district.

Depending on the circumstances, jurisdiction to remove a volunteer member may rest exclusively in the commissioners, exclusively in the members of the company or concurrently in the commissioners and the members of the company. The fire companies within a fire district constitute the fire department of that district. Fire district commissioners,…