Opinion 09-237

February 18, 2010

Please Note: While the Committee cannot make the legal determination of whether a "fire police" position confers peace officer or police officer status, we are advised that CPL 2.10(41) applies to "Fire police squads organized pursuant to section two hundred nine-c of the general municipal law." We suggest that judges who wish to serve as fire police carefully review CPL 2.10(41), to ensure that the position will not confer peace officer status (see 22 NYCRR 100.3[C][2][b]; CPL 1.20; CPL 2.10).

Hon.

Dear Justice:

         This responds to your inquiry (09-237) asking whether it is ethically permissible for you to continue to hold the positions of fire police member and chaplain for the local volunteer fire department while also serving as the recently-elected town justice. You may continue to serve as a police member and chaplain of the local fire department as long as you are not a peace officer as defined by the Criminal Procedure Law, sections CPL 1.20 and 2.10.

         Enclosed, for your convenience, are Opinions 07-146; 90-166 and 88-114, which address this issue.

Very truly yours,

                                                 George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair

Encls.