The meeting commenced at 3:50 PM.

The issue for discussion today was item C-27, a proposed local law in relation to the Fire Advisory Board and the creation of the Department of Fire Safety Services. This meeting is a continuation of last week’s meeting.

Leg. Abinanti asked what the law is with respect to the fire coordinator and how it applies today?, and by what authority does this law exist today? Marilyn Slaatten, discussed that there is no department of Fire Safety Services. The passing of this legislation will create such a department. Ms. Slaatten discussed the history and explained that in 1965 the BOL established a Fire Advisory Board and a Fire Coordinator. The Fire coordinator would be appointed by County Executives office subject to the confirmation of the Board. This was in fact the way it was written; however, it was not legal. The position of Fire Coordinator is a competitive civil service position. Because there were no tests, and no one had ever challenged it nothing happened with the illegality of how this legislation was written. In 1986, the Personnel Office of Westchester County requested of the New York State Civil Service Commission a waiver of the competitive positions of the Fire Coordinator asking that it be a non-competitive position. In 1989, the New York State Civil Service commission ruled that the Fire Coordinator position would stay competitive and denied the request to make it non-competitive. This means it was subject to civil service tasks and then a list (this is also stated in Art. 5 of the New York State Constitution). A test was established by the State and given in 1991. Pursuant to the results of this test Mr. Groden was chosen and appointed by the CE in 1993. In 1992, the CE office sent to the

Board of Legislators the same law in order that it conform with New York’s State Law. This is not a referendum issue which would change the power since the BOL never had the power in the first place. In this event there wasn’t a change of law, rather there was a catching up to the law.

Leg. Abinanti questioned whether a Commissioner position could be created rather than a Coordinator position. Ms. Slaatten said she would have to look into that issue since there is currently case law which addresses circumventing civil service law by given someone a different title. Mr. Giambruno added that all positions from the County Executive down are competitive positions. Commissioners in most cases would necessitate a special request.

Leg. Abinanti stated that he does not have a problem with a separate department, but he voiced his concern with the fact that all other departments serve at the pleasure of the County Executive and here a department would be created where the head of the department does not serve at the pleasure of the County Executive. Ms. Slaatten explained in terms of removing someone, it is similar to someone who has a term -- you would have to have due process, a hearing, etc.. akin to a disciplinary that you would have against a civil service employee. Leg. Abinanti questioned whether a difference would be that this term does not come up for reappointment. Ms. Slaatten confirmed the difference.

Leg. Noto moved to adjourn. The meeting ended at 4:40 PM