JAY — Selectpersons voted Monday to follow state law to hire a fire chief and appoint officers, and to update the Fire Rescue Department bylaws.

Town Manager Shiloh LaFreniere told the board when she started looking at what the board needed to do to appoint a chief, she discovered some differences between the department’s bylaws and state law, and the need to clarify the bylaws.

Former chief, Larry White Sr., died in October.

LaFreniere gave selectpersons an overview of the bylaws and how they outline the process to appoint officers, including the chief and assistant chief. The positions need to be posted by July 1 and applications submitted by Aug. 1.

Officers, except for chief and assistant chief, are appointed by the chief, with approval of the town manager and the board at the first meeting in September. For the chief and assistant chief, a hiring committee reviews the applications but it is LaFreniere’s understanding the committee has not been used in the past.

The annual meeting and confirmation of chief and assistant is not until the first Monday of February. Under the bylaws, all officers have four-year terms. In the event of an officer vacancy, the chief appoints an interim until the next annual meeting. In the event of a vacancy of the chief, selectpersons appoint an interim to fill the office until the next annual meeting, she said.

The process does not contemplate what happens regarding the chief at the next annual meeting and it is not clear what happens after the meeting, she said.

The bylaws do not qualify as an ordinance because they were not accepted by voters.

In trying to determine how to clarify the process, she reviewed state law as well as Maine Municipal Association information.

Under state law, “unless otherwise provided by contract, charter or ordinance, fire chiefs shall be appointed for an indefinite term,” she said. A charter does not apply to the town and the town does not have an ordinance.

Per the bylaws, the chief is appointed for four years, not an indefinite term, she said. Also under state law, the chief has the power, unless otherwise provided by a charter or ordinance, to employ all municipal firefighters, appoint a deputy and other officers in a municipal fire department and remove them for cause after notice and hearing, she said.

She asked selectpersons how they wanted to handle appointment of a chief.

Selectperson Tim DeMillo asked firefighters what they thought would work best.

The state law is there and there is no need to reinvent the process, acting fire Chief Mike Booker said.

Capt. Scott Shink said they should go with state law. It says the chief shall be appointed for an indefinite term and it would be up to the town manager and selectpersons to remove that person.

If the town went with an ordinance, the ordinance and bylaws could be merged but it would have to go before voters, LaFreniere said.

If the state law is used, the bylaws would still be there to offer guidance to the department, board Vice Chairman Justin Merrill said.

Under state law, the town manager appoints the chief, LaFreniere said.

“Once you have a chief, the chief appoints the officers,” she said.

It seems those in attendance from the Fire Department want to go with state law, DeMillo said.

“I think there is no sense to reinvent the wheel” and have an ordinance that every time it needed to be tweaked had to go before voters, Merrill said.

dperry@sunjournal.com

Copy the Story Link