Can a Mississippi city's fire chief temporarily close a fire station and reassign firefighters when there isn't enough staff, or does the mayor have to approve each closure?

Plain-English summary

The Columbus city attorney asked whether the city's fire chief can temporarily close a fire station and reassign firefighters to neighboring stations during manpower shortages, or whether each closure requires case-by-case sign-off from the mayor (Columbus's chief executive officer).

The AG answered: it depends first on the city's special charter, and then on Mississippi general law if the charter is silent.

Columbus operates under a special charter. Long-standing AG practice is that "specific provisions of a municipal special charter will take precedence over the provisions of general municipal law." If the Columbus charter speaks to fire-department command and station closures, the charter controls.

If the charter is silent, the city falls back on § 21-25-3(1), which gives municipal governing authorities the power to provide for fire prevention and extinguishment, organize and operate fire departments, and "regulate the same." Under that authority, the city council can pass an ordinance delegating to the fire chief the authority to temporarily close a station and reassign personnel when staffing is insufficient. The Mississippi Supreme Court in Scott v. Lowe affirmed that municipalities have wide discretion in fire-department personnel decisions, and the AG's view is that the city can package this discretion into a standing ordinance rather than requiring mayoral approval each time.

The opinion also reminds the city to consider fire-insurance-rating regulations and other rules outside the AG's scope before adopting the ordinance.

What this means for you

Municipal attorneys in special-charter cities

The opinion sets up a two-step order. If the city's special charter addresses fire-station closures or fire-department command, the charter controls, because (per prior AG opinions) specific special-charter provisions take precedence over general municipal law where they conflict. If the charter is silent, general law applies, and the AG concludes that § 21-25-3(1), which empowers municipalities to organize, operate, maintain, and "regulate" a fire department, lets the city adopt an ordinance authorizing the fire chief to close a station for insufficient manpower and temporarily reassign staff. The opinion does not prescribe specific ordinance terms.

Fire chiefs and city governing authorities

The opinion holds that the route to this authority is an ordinance adopted under § 21-25-3(1) (when the charter is silent), not that the chief independently holds the power. It also notes the city "should consider any potentially relevant regulations, upon which this office may not opine, including but not limited to those regulations and requirements regarding fire insurance rating," before adopting such an ordinance.

Firefighters

The opinion addresses the city's authority over fire-department operations, not labor or employment protections. It cites Scott v. Lowe for the proposition that city authorities transferring a fire-department employee "are vested with a wide discretion." It does not analyze collective bargaining or individual employment rights.

Residents near an affected station

The opinion locates the legal authority for a temporary closure in the city's special charter or, where the charter is silent, an ordinance under § 21-25-3(1). It flags fire insurance rating as a regulation the city should consider but on which the AG expresses no opinion.

Common questions

Q: What is a "special charter" municipality?
A: Mississippi cities can be governed by a code charter, a private/special charter granted by the legislature, or other forms. A special charter is a unique legislative grant of municipal authority that may differ from general municipal law. Cities like Columbus operate under such charters.

Q: When does a special charter override general state law for cities?
A: When the charter's provisions conflict with general law, the specific charter provisions take precedence. When the charter is silent on a particular issue, general municipal law fills the gap.

Q: Can the city skip the ordinance and just have the chief do it?
A: The opinion frames the proper path as adopting an ordinance under § 21-25-3(1). Without an ordinance, a chief acting unilaterally is on weaker legal footing, especially if the charter assigns executive functions to the mayor. An ordinance is the durable solution.

Q: Does this apply to permanent station closures too?
A: The opinion addresses temporary closures during manpower shortages and the chief's reassignment of staff until staffing returns. It does not opine on permanent closures.

Q: What about fire insurance ratings?
A: The opinion flags this only in passing. It says the city "should consider any potentially relevant regulations, upon which this office may not opine, including but not limited to those regulations and requirements regarding fire insurance rating." The AG did not analyze how a closure would affect a rating.

Q: What did Scott v. Lowe say?
A: The Mississippi Supreme Court (78 So. 2d 452 (Miss. 1955)) held that "city authorities in transferring an employee of the fire department from one post to another act in an administrative and executive capacity, and necessarily are vested with a wide discretion in the discharge of their duties as officers of the city." That gives the city ample legal room to design an ordinance addressing temporary station closures and personnel reassignments.

Background and statutory framework

§ 21-25-3(1) is the core authority. It provides: "The governing authorities of municipalities shall have the power to provide for the prevention and extinguishment of fires, to organize, establish, operate, and maintain fire and hook and ladder companies, to provide for and maintain a fire department and system, and to regulate the same."

That language is broad. "Regulate the same" includes setting up the chain of command and the procedures for handling staffing shortfalls. The AG has consistently read this statute to let municipalities decide for themselves how to structure their fire departments.

The special-charter wrinkle is a fixture of Mississippi municipal law. Where the legislature granted a city its own charter, that charter is the first place to look. Charter provisions trump general statutes; charter silences are filled by general statutes.

The city's plan, as the AG describes it, fits squarely within § 21-25-3(1): codify the fire chief's standby authority to temporarily close a station when staffing is short and reassign firefighters until staffing returns. The AG explicitly does not opine on fire-insurance-rating regulations, which are administered by the insurance industry and state insurance department.

Citations and references

Statute:

• Miss. Code Ann. § 21-25-3(1) (municipal authority over fire prevention, extinguishment, and fire-department organization)

Case:

• Scott v. Lowe, 78 So. 2d 452, 454 (Miss. 1955) (Mississippi Supreme Court, recognizing wide municipal discretion in transferring fire department employees)

Prior AG opinions referenced:

• MS AG Op., Gaylor (Dec. 15, 2006): special charter provisions take precedence over general municipal law where they conflict.
• MS AG Op., Lowe (cited within Gaylor): same principle.
• MS AG Op., Alexander (May 30, 2003): when a special charter is silent, general municipal law applies.

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/08/J.Turnage-August-17-2023-Authority-to-Close-Fire-Station-and-Reassign-Staff.pdf

Original opinion text

August 17, 2023

Jeffrey J. Turnage, Esq.
Attorney, City of Columbus
Post Office Box 1408
Columbus, Mississippi 39703-1408

Re: Authority to Close Fire Station and Reassign Staff

Dear Mr. Turnage:

The Office of the Attorney General has received your request for an official opinion.

Questions Presented

1. May the chief of the Columbus Fire and Rescue Department close a fire station when he determines that there is insufficient manpower to respond to fires and then temporarily reassign the employees of that station to neighboring station(s) until sufficient staff is on hand, or does this decision have to be approved case-by-case by the Mayor as the Chief Executive Officer of the city?
2. May the Mayor give his general approval to the chief of the Columbus Fire and Rescue Department to temporarily close a station when a manpower shortage prevents operation of the fire apparatus, or is such delegation prohibited?

Brief Response

1. If the city of Columbus's charter addresses the question at hand, the charter controls. Otherwise, the city of Columbus may exercise the authority it has in regard to fire departments and systems as set forth in Mississippi Code Annotated Section 21-25-3(1) and adopt an ordinance allowing the chief of the Columbus Fire and Rescue Department to close a fire station when he determines that there is insufficient manpower to respond to fires and then temporarily reassign the employees of that station to a neighboring station(s) until sufficient staff is on hand.
2. Please see the response to your first question.

Applicable Law and Discussion

You ask whether the chief of the Columbus Fire and Rescue Department ("Fire Chief") may close a fire station when he determines that there is insufficient manpower to respond to fires and then temporarily reassign the employees of that station to a neighboring station(s) until sufficient staff is on hand. According to your request, the city of Columbus ("City") operates under a special charter. This office has previously opined that "where the provisions of a special charter conflict with general law[,] . . . the specific provisions of a municipal special charter will take precedence over the provisions of general municipal law." MS AG Op., Gaylor at 1 (Dec. 15, 2006). Likewise, the "provisions of a private or special charter that are contrary to general statutory provisions are viewed by this office as exceptions to the statutory provisions except where the general statutes expressly provide otherwise." Id. (quoting MS AG Op., Lowe at 1).

However, "when a municipality's special charter is silent on a particular issue, general law as it relates to municipalities should be followed." MS AG Op., Alexander at *2 (May 30, 2003). To this end, Section 21-25-3(1) provides, "[t]he governing authorities of municipalities shall have the power to provide for the prevention and extinguishment of fires, to organize, establish, operate, and maintain fire and hook and ladder companies, to provide for and maintain a fire department and system, and to regulate the same." See also Scott v. Lowe, 78 So. 2d 452, 454 (Miss. 1955) (highlighting municipalities' power in regard to fire departments and noting that "city authorities in transferring an employee of the fire department from one post to another act in an administrative and executive capacity, and necessarily are vested with a wide discretion in the discharge of their duties a[s] officers of the city.")

If the City's charter does not address the question at hand, the City may exercise the authority provided in Section 21-25-3(1), which would allow the City to adopt an ordinance allowing the Fire Chief to close a fire station when he determines that there is insufficient manpower to respond to fires and to temporarily reassign the employees of that station to neighboring station(s) until sufficient staff is on hand. The City should also consider any potentially relevant regulations, upon which this office may not opine, including but not limited to those regulations and requirements regarding fire insurance rating.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General