Rochester Law Review

Home » 2015 » September

Monthly Archives: September 2015

Required Disclosure

Pursuant to Rules 7.1(e)(3) and (f) of the NY Rules of Professional Conduct, you are hereby advised that "prior results do not guarantee a similar outcome" and the contents of this blog constitute "Attorney Advertising."

Legal Advice

This publication is intended as an information source for clients, prospective clients, and colleagues. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.

Fire District Materials: 2015 Batavia Conference

fire service lawsOn Saturday, September 26, 2015, I was honored to be invited to participate as one of the panelists at the 2015 Western New York Fire District Officers Legislative Association Workshop.  I understand that the event was a “sell-out” with fire district officials from over 11 counties in attendance.  There were many topics covered, and I wanted to follow-up with a short post including some additional information and links to relevant information from some of the topics that were covered.

Fundraising.  During one of the breaks, I was asked about firefighters participating in fundraising activities in support of other (non-fire) organizations.  A word of caution about this.  Although the statute governing fundraising, General Municipal Law section 204-a, generally provides that firefighters participating in fundraising activities are covered by the Volunteer Firefighters’ Benefit Law (“VFBL”), not all kinds of fundraising activities are included in this coverage.  Section 204-a defines “fund raising activity” as “a method of raising funds to effectuate the lawful purposes of a fire company.”  Thus, if the funds are not being raised for “the lawful purposes of a fire company” it is not likely that there would be coverage under the VFBL if a firefighter is injured while participating in such activity.

One of the fundraising activities briefly discussed involved raffles.  The New York State Gaming Commission website has a section dedicated to Charitable Gaming–including Raffles.  You can find it here.  It is critical that both the requirements of the General Municipal Law and the applicable gaming rules are followed.

Firefighters Under 18.  There are opinions from the Attorney General’s Office indicating that firefighters may be as young as 16 years old.  But, before deciding whether or not to permit firefighters that young, the fire district should consult with counsel about the unique rules applicable to such firefighters, and also to review the risks associated with having firefighters that young on active duty.  Fire districts are also authorized by section 204-b of the General Municipal Law to establish youth programs, provided the program complies with the requirements of the statute.  Participants in such a youth program are not active firefighters.  Unlike active firefighters, youth participants are not eligible for VFBL coverage, and they may not participate in any emergency operation or any hazardous activity.

Blue Lights.  The SafeNY website contains a good FAQ page [here] with a good summary of the requirements applicable to the different types of sirens and flashing lights–including the blue lights used by volunteer firefighters.  The website also contains links to the relevant statutes, including Section 375(41)(4), which governs the use and operation of the blue lights.

Bonding Credit Card Users.  Recent audits by the New York Comptroller have included a recommendation that fire districts and other municipalities bond individuals who are issued credit cards.  Here is a copy of a recent audit with this recommendation.

Document Retention Policies.  I have been asked by my fire district clients how long it should retain certain documents.  Fortunately, the New York State Archives published a document retention and disposition schedule applicable to fire districts and other political subdivisions in New York.  The schedule–known as MU-1–may be found here.

Thank you for visiting my blog. I hope you consider subscribing by email, liking my page on Facebook, or following me on Twitter. You may also want to subscribe to our firm’s email newsletter, In Confidence, here. You can subscribe to only the topics you are interested in, and from time to time, I write about developments impacting New York municipalities, including fire districts.

Are Rochester Drivers Less Careful?

Always wear your seat-belt!

Always wear your seat-belt!

On my way in to work this morning, I passed a few heads of cabbage that remained along the shoulder of I-490 after an accident that happened a few days ago.  In case you haven’t heard, it was all over the news (and all over the road!):  thousands of heads of cabbage spilled all over both lanes of the expressway after the truck carrying them tipped over along a sharp curve.  You can read about it here and see some more pictures here.

Anyway, on the heels of that incident, it probably should come as no surprise that a new report from Allstate Insurance Co. shows that Rochester drivers are less careful than last year.  The Rochester Business Journal reported that:

The average driver in Rochester will experience a car crash every 7.7 years.  By comparison, Kansas City, Kansas–ranked first in the report–drivers will experience an accident every 13.3 years.  That is nearly 25 percent less likely than the national average of 10 years.

I guess it may be time for us all to take a defensive driving course again.  But, sometimes, no matter how defensively we’re driving, an accident may be unavoidable.  Tragically, serious accidents can sometimes be caused by judgment-proof drivers (with no assets), carrying either a minimal amount of insurance or no insurance at all.  That is why I always tell my friends, clients and family members how important it is to have adequate “SUM” coverage.  I’ve written about this before, and urge you to read these posts to find out more about this kind of coverage that you MUST have: Wrong-Way Crashes Highlight Need for Adequate SUM Coverage and Walkers, Runners, and Bicyclists: Tune Up Your Auto Insurance!

If you or a family member are ever seriously injured in an accident caused by another person’s carelessness, you can always contact us to talk about your rights and available options.  Information about our Personal Injury Practice may be found here.  Hopefully, you’ll never need us for that.

Safe travels!

%d bloggers like this: