Judges: WILLIAM J. GUSTE, JR., Attorney General
Filed Date: 11/27/2007
Status: Precedential
Modified Date: 7/5/2016
Dear Chief Sonnier:As Chief of the Iberia Parish Fire Protection District #1, you ask if a fireman with the rank of captain may substitute for either the district fire chief or an assistant fire chief regarding the active duty requirements imposed by R.S.
1972. Fire districts; personnel; exception
A. In all cities having a population of not less than thirty-five thousand and not more than two hundred and fifty thousand inhabitants, and in all parishes and fire protection districts, fire districts are hereby established within the fire departments. No more than four fire stations in service shall be included within each fire district.
B. (1) In each such fire department, an assistant or deputy fire chief shall be on active duty on an assigned shift at all times, shall have general supervision over all fire districts, and shall be under the supervision of the chief of the fire department.
(2) A district fire chief shall also be on active duty on an assigned shift at all times in each fire district, and shall be in charge of the district and under the supervision of the assistant or deputy fire chief.
C. Each assistant, deputy, or district fire chief to whom this Section is applicable shall work the same work schedule as all other fire fighting personnel under his command.
D. For the purposes of this Section, "active duty" shall mean the active performance of duties and shall not be construed to mean time during *Page 2 which an assistant, deputy, or district fire chief is away from his place of duty subject to call. (Emphasis added). E. Repealed by Acts 1997, No.
1382 , § 3, eff. June 1, 2000.
You advise that it is financially "virtually impossible" for the district to comply with the statute as written, and that for this reason you have placed a fireman with the rank of captain on active duty in an attempt at compliance.
Note that R.S.
*Page 31991. Definitions
A. (1) The word "fireman", as used in this Subpart includes all persons employed or engaged full-time by municipalities or municipal fire departments, parishes or parish fire departments, or fire protection districts for firefighting or fire prevention duties and services, as well as employees of nonprofit corporations under contract with a fire protection district or other political subdivision to provide such services, including operators of the fire-alarm system when such operators are members of the regularly constituted fire department. The word "fireman" does not include carpenters, storekeepers, machinists, clerks, building hazard and similar inspectors, physicians, or other non-firefighting employees detailed for such special duties, nor does the word "fireman", except as otherwise provided in this Subsection, include employees of privately owned or operated firefighting or fire prevention services.
(2) A fireman shall be known as "apprentice fireman" for his first two years' active service. At the completion of two years' active service he shall be known as "first class fireman".
(3) "Engineer" means any fireman who drives, tillers, or otherwise chauffeurs any fire department apparatus.
B. The next three ranks and grades or classifications shall be:
(1) Lieutenant, where the municipality, parish or fire protection district deems the rank necessary;
(2) Captain;
(3) Assistant chief, battalion chief and district chief.
Further, firemen receive salaries based on pay differentials which increase as a fireman attains a higher rank. See R.S.
Here, R.S.
R.S.
Most compelling are the rules of statutory construction. R.S.
Words and phrases; how construed
Words and phrases shall be read with their context and shall be construed according to the common and approved usage of the language. Technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such peculiar and appropriate meaning.
The word "shall" is mandatory and the word "may" is permissive. (Emphasis added).
As applied in the instant matter, the use of the word "shall" in R.S.
Finally, note that former R.S.
We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.
*Page 1Very truly yours,
CHARLES C. FOTI, JR.
ATTORNEY GENERAL
By: __________________________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
Administrative Assistant
St. Tammany Fire Protection
District No. 1
Post Office Box 1149
Slidell, Louisiana 70459
Dear Mr. Abney:
You have requested an opinion from this office with regard to whether the Assistant or Deputy Chief may return to his residence during evening or late hours during his 24 hour "on duty" shift.
LSA-R.S.
*Page 2B. (1) In each such fire department, an assistant or deputy fire chief shall be on active duty on an assigned shift at all times. . .
D. For the purposes of this Section, "active duty" shall mean the active performance of duties and shall not be constructed to mean time during which an assistant, deputy, or district fire chief is away from his place of duty subject to call.
E. (1) Notwithstanding the provisions of the Section, in St. Tammany Parish Fire Protection District Number One . . . a captain shall be on active duty on an assigned shift at all times, shall have general supervision over all fire stations in said district, and shall be under the supervision of higher ranking officers.
(2) For the purposes of this Subsection, "active duty" shall mean the active performance of duties and shall not be construed to mean time during which the captain is away from his place of duty subject to call.
An assistant or deputy chief, or in St. Tammany Parish, a captain must be on active duty on an assigned shift at all times; and, "active duty" means the active performance of his duty and not when he is away from his place of duty on call. Thus, an assistant or deputy fire chief may NOT return to his residence, or otherwise be away from his place of duty, at any time during his/her 24 hour "on duty" shift. While a captain may be utilized in place of an assistant or deputy fire chief in St. Tammany, in such case, the captain may NOT return to his residence, or otherwise be away from his/her place of duty, at any time during his/her 24 hour "on duty" shift.
Trusting this to be of sufficient information for your purposes, I am
Sincerely,
WILLIAM J. GUSTE, JR.
Attorney General
By: __________________________
NORMAN W. ERSHLER
Assistant Attorney General
Minimum salaries
A. The minimum monthly salaries of firemen in municipalities having a population of twelve thousand or more and of all parish and fire protection district paid firemen, including salaries payable out of the avails of any special tax provided by the Constitution of Louisiana for increasing the pay of firemen, shall be in accordance with the following schedule, and such salaries shall be paid semi-monthly not later than the fifth and twentieth day of each calendar month: (1) A fireman shall receive a minimum monthly salary of four hundred dollars per month. (2) Engineers shall receive a minimum monthly salary of not less than ten percent above that of a fireman. (3) Lieutenants shall receive a minimum monthly salary of not less than fifteen percent above that of a fireman. (4) Captains shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman. (5) Battalion chiefs and district chiefs shall receive a minimum monthly salary of not less than forty percent above that of a fireman. (6) Assistant chiefs and deputy chiefs shall receive a minimum monthly salary of not less than fifty percent above that of a fireman. (7) A mechanic or assistant mechanic, or any other person doing this type of work for the fire department, shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman. (8) A superintendent of fire alarm system, or any other person doing this type of work for the fire department, shall receive a minimum monthly salary of not less than forty percent above that of a fireman. (9) A fire alarm operator or dispatcher, or any other person doing this type of work for the fire department, shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman. (10) A fire inspector shall receive a minimum monthly salary of not less than twenty-five percent above that of a fireman. (11) For the city of Shreveport only, the provisions of R.S.