Legal Question in Administrative Law in Pennsylvania

Re: Volunteer Fire Department

You asked if there is any guidance or governing law regarding membership in a volunteer emergency services organization.

Emergency organizations are generally self-governing through means of normal organic systems: charter, bylaws, a board of directors and managers/executives. These documents and personnel decide what does and does not take place within the organization.

If the bylaws provide for a rational basis for acquiring and maintaining membership then that basis would be upheld where it is neither discriminatory or unfairly applied.

My take on this situation is that the particular bylaw is not simply an arbitrary number. The organization is trying to comply as it needs to with other demands. These demands would include the need to make certain that personnel are available and willing to respond and that the personnel who do respond are qualified. There may also be other demands placed upon the organization such as having these requirements by regulatory or certifying organizations. Also, my guess is that the organization's insurer(s) require that the executives are able to certify coverage (based on membership), training and experience of the members.

My recommendation is not to treat this matter as a legal one as I don't tink there is a claim there. But instead to treat this as a challenge and commit to at least the minimum amount of time and effort required. Volunteer work isn't necessarily easy. If it was everyone would do it. Instead volunteers need to demonstrate committment by showing that they are willing to reprioritize their committments to recognize the importance of their volunteer work.

Regards,

Roger Traversa

Email: [email protected]