Labor & Employment Law

Providing police and fire services in times of fiscal stress

Does a municipality or other political subdivision of a state have a legal duty to maintain a police force or provide firefighting services?

The following are excerpts from AELE?s June 2009 issue of its Monthly Law Journal concerning this question and may be of particular relevance in view of the fact that a number of municipalities have been reported to be considering consolidating or abolishing such services because of budget problems.

Most courts have concluded that there is no legal duty to provide protective services.

In Kentucky, the state Supreme Court upheld a quasi-legislative decision by county fiscal
authorities to reduce the appropriation of its police force to $25,000 for the entire year, which effectively abolished those operations. Fiscal Court v. Taylor County Police, #89-SC-525, 805 S.W.2d 113 (Ky. 1991). The justices said:

?As much as we may agree with the decision to have a county police force, and or as much as we may disagree with the rendered appropriation which effectively eliminated the police force as a viable entity, we cannot substitute our judicial fiat for that of the clear legislative purpose and the traditional role of fiscal [authorities] in setting legislative and fiscal policy.?

Similarly, a federal court in Chicago held that the transit authority could abolish its police force, and rejected various claims of due process violations. O?Mahony v. Chicago Transit Auth., #82-C-5543, 1983 U.S. Dist. Lexis 13074 & 14216 (N.D. Ill. 1983); aff?d w/o opin. 779 F.2d 54 (7th Cir.); cert. den. 106 S.Ct. 1516 (1986).

A three-judge appellate court in Michigan upheld a county?s decision to substantially reduce funding for the sheriff?s road patrol. A sheriff, said the court, is not required to regularly patrol unincorporated areas. Brownstone Twp. v. County of Wayne, 242 N.W.2d 538, 68 Mich. App. 244 (1976).

An appellate court in New York upheld a decision by the City of Yonkers to close its jail as an economy measure, with the resultant furlough of personnel. Christiansen v. Casey, 428 N.Y.S.2d 317 (A.D. 1980). See also, Abbott v. City of Poughkeepsie, 414 N.Y.S.2d 458, 98 Misc.2d 601 (1979).

Another New York court refused to intervene in the closing of a fire station, notwithstanding a judicial concern for the inadequate protection of the residents. Richmond Hill Block Assn. v. Dinkins, 567 N.Y.S.2d 584, 149 Misc.2d 654 (1991).

The full text of the article is posted on the Internet at: http://www.aele.org/law/2009all06/2009-06MLJ201.pdf

Full post as published by New York Public Personnel Law on June 24, 2009 (boomark / email).