Waterbury evening Democrat., 1889-12-12
ATTORNEY TERMS OPINION.
In Regard to tho Duties or the Fire
 Commissioners.

NeRaru CO Uho DuSASS OA SAA0 HI " |
 Commissioners.
 City Attorney Terry's opinion in re- gard to the duties and powers of the | board of fire commissioners, which was submitted at the recent meeting of the board, and which is responsible for the ction taken by the board toward dlsor- /! ganizing the present volunteer depart ment, is as follows:
 City Attorney Terry entirely loses sight of a city ordinance which gives tho chief engineer power to suspend mem Der for cause, when he says the tiremen may follow their own sweet will. He also forgets that each company is gov erned,by bylaws requiring members to report for dutysswhen called upon under severe penalties.
 To the Honorable Board of Fire Com- missioners, City of Waterbury: Gentlemen-Some of the members of your board have submitted to me question as to the rights and duties of your board under the charter of the city, with reference to the appoint ment of the employees of the fire depart. ment.
 Upon the question it would seem to me that there can be no difference of opinion. Section 52 of the charter is very explicit in it's terms and it would seem as though a simple statement of the language of that fection would be sufficient to answer the question. The last clause of the section as follows: | "Said board shall appoint chief engi- neer, and two or more assistant engi- neers to hold office for such terms as the city bylaws may prescribe, and shall from time to time appoint such number of firemen and other employees of said department, as they may deem neces- sary, and shall prescribe the powers and duties of said officers, and of all those employed in said department"
 Upon inquiry 1 learn that it has been
 the uniform practice of the board to
 appoint chief engineer and three assis-
 tant engineers to hold office according
 to the bylaws of the city, but that it has
 not been their custom to appoint the
 firemen or other employees of the depart
 ment, unless perhaps they have done so in the case of engineers, etc, employed on the steam fire engines.
 I have also learned that the several
 fire companies in the city consist of
 How they become employees, or what right or powers are conferred upon
 them, or what duties they owe to the
 department, I am unable to ascertain
 It is clearly made the duty of youl
 board to appoint the firemen of tht several companies, and the other em i ployes of the department, because tho , language of the charter is imperative . and says that you ''shalI' do so, and i ! is no less imperative because that thu board has hitherto neglected to perform
 its duty.
 a Further than this it is within tn s province of the board not only to ap \ point the firemen, but also to prescrib t the term for which they shall be az l. pointed, as we'll as the powers and dutie n of all those employed or appointed b t them, or in the absence of any limi
 fixed by your board. their appointmen y shall hold entirely at pleasure, and the y may be appointed and discharged a h will and for no cause whatever. l Perhaps it is unnecessary for me II add that if, up to this time the board ( g. fire commissioners have permitted tn B. matter to drift along, and permitte ,r whoever saw fit to become a fireman
 do so, that it is high time that the boar if should exercise some supervision ove IT it's indiscriminate membership, and pc f form the duty imposed upon them t ,e the charter, and to appoint the tireme o and in that way have them reSponSib ,+ to the board for their action.
 at As it would seem now to me tn; al there is no head and each fireman ca A do his own sweet will as to any duti
 that are supposed to be imposed upc
 them, but under the provisions of u le charter they would be responsible to tl 'n board as the board is fully empower. le to appoint and discharge them. All O. which is respectfully submitted. y GEO E. TERRY, Al "A City Attorney 1T II Waterbury, Dec 10, 1889.
 d. A we'll known republican said tod; ri that if the board of fire commissions
 presisted ill their endeavors to disorga
 ize the department they should be il ns peached. The gentleman referred Il. went out of his way to compliment t h' DEMOCRAT for its promptness in eho,