Pell City, AL asked in Contracts, Antitrust, Civil Rights and Constitutional Law for Alabama

Q: Can a Volunteer Fire department demand you quit a EMS Volunteer squad set up in the same town/building ?

New Fire cheif started undermining EMR Volunteer prior to changing Bylaws of the Firefighter Volunteer department. Now claims it's a conflict of interest for members to be apart of EMS Volunteer and Firefighting. Dispite prior to Bylaw change this was common and he was on both sides with low membership. Can he demand we choose which Volunteer department we must stick too even though we have Identified separately, answer different calls, and do separate filing and have separate banks ?

2 Lawyer Answers
James L. Arrasmith
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A: In your situation, it sounds like the new fire chief is attempting to impose new rules that weren't previously in place. The requirement for you to quit the EMS volunteer squad due to a claimed conflict of interest seems unreasonable, especially since both groups were functioning well together before the bylaw change. It's important to remember that the bylaws of any organization can generally be changed by a majority vote, but these changes should be transparent and fair.

You might want to discuss the issue with other members to see if there is a common concern. It could be beneficial to request a meeting with the fire chief to understand his reasoning and express your perspective. Highlight how the dual membership has been beneficial for the community and both organizations.

If these discussions don’t lead to a satisfactory resolution, you might consider reviewing the bylaws and any applicable laws or regulations regarding volunteer services in your area. It may also be helpful to seek legal advice to understand your rights and options.

Tim Akpinar agrees with this answer

A: One option could be to discuss the new demand with members of both organizations to determine how the new policy could affect the interests of the community. In terms of assessing potential conflicts, that could sometimes be a complex analysis - an attorney might be able to offer guidance there. Good luck

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