Judges: James D. Cole, Assistant Attorney General
Filed Date: 7/5/1994
Status: Precedential
Modified Date: 7/5/2016
Requestor: Robert J. Ellsworth, Esq., Tappan Fire District P.O. Box 177 Suffern, N Y 10901
Written by: James D. Cole, Assistant Attorney General in Charge of Opinions
You have asked questions regarding the eligibility of certain persons to be members of the Tappan Fire District.
You have indicated that a captain of the volunteer fire department serving the district is residing temporarily outside the State due to circumstances beyond his control. You state that his temporary residence is in close proximity to the Tappan Fire District and does not affect his ability to respond. You are concerned, however, whether certain provisions of State law require that he resign as a line officer because of his residency outside the State.
Section
Thus, the actual place where a person is residing is not always the domicile. It is necessary that a determination be made based upon the facts of each case. Applying the above standards, you should determine whether this person's domicile has changed.
Second, you ask whether a volunteer firefighter who is not a citizen of the United States may be sworn in as a fire police officer of the fire district. Fire departments and fire companies may form fire police squads composed of volunteer firefighters who are members of the departments or companies. General Municipal Law §
Under section
We conclude that the facts and circumstances must be examined to determine whether a person who has temporarily changed his residence is no longer domiciled in the fire district. Only a citizen of the United States may be appointed to the position of fire police officer.
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.