Oughton v. Board of Fire Commissioners

In a decision reported at 168 N.J.Super. 434 (Law Div.1979) Judge Haines, sitting in the Law Division of the Superior Court, ruled that:

1. Fire commissioners in fire districts may not create paid positions in volunteer fire companies without the prior authorization of the municipal governing body. Id. at 449.

*5682. The power to create a paid fire department resides only in the governing body of a municipality. Id. at 449.

3. Fire prevention subcode officials are municipal officials and their salaries can only be fixed and paid by the municipality and not the fire commissioners. Id. at 455.

4.…