“Acting” Chiefs to Remain in New York

Issue 5 and Volume 107.

“Acting” Chiefs to Remain in New York Six Captains in the New York Fire Department who sought to restrain the Fire Commissioner from designating them as Acting Chiefs of Battalion have lost their case. The Supreme Court’s decision is to the effect that the Fire Commissioner has responsibility, under the law, to protect life and property “and this duty must be performed with the available personnel under his command.” Justice Thomas A. Aurelio declared in his decision that the Fire Commissioner’s power to make such designations is clear and cannot be said to be arbitrary or capricious. The Court held that the Fire Commissioner cannot be restrained from exercising the essential duties of his office. The Fire Commissioner was represented by the head of the City’s Law Department. Attorney for the six Captains argued that they have been serving for years as Acting Chiefs without additional pay. He said that…

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