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Point System Roundup: Legislative Corner, 3/03

Recent changes in the law allow for additional credit under the Point System for certain volunteers as well as granting some limited relief for adopting Point System amendments.

New Point System Category for Teaching Fire Prevention Classes

An eighth category for points accumulation was added to the General Municipal Law when Governor Pataki signed Chapter 559 into law late in 2002. The change in the law would permit credit for points under the Point System for teaching fire prevention classes, one point per class up to a maximum of 5 points per year. Points in this category are granted to an active volunteer firefighter who at the direction of his company, district or department, and for no compensation, presents a public education class on fire prevention to a school, not-for-profit corporation, or civic organization. Currently, under the law, points for teaching fire prevention classes fall under the miscellaneous category, which is subject to a 15 point maximum. By adding this new category to the Point System, teaching can be taken out of the miscellaneous category and a firefighter could accumulate up to 20 points between the miscellaneous and teaching categories rather than 15 points in just the miscellaneous category.

Relief Granted for Volunteers Impacted by the Events of September 11, 2001

Chapter 522, signed into law in 2002, allows the governing board of a Service Award Program to provide points toward a year of firefighting or ambulance service to any participant who did not earn 50 points in calendar year 2001 or 2002 because of mandatory overtime as a paid firefighter or police officer due to the September 11, 2001 terrorist attack. In order to provide such relief to impacted Service Award Program participants, the program sponsor needs to establish a policy that contains provisions authorizing the amount of points to be prorated to equal the amount of mandatory overtime. No more than 50 points per year may be granted under this policy.

Certain Point System Changes Without Referendum

Chapter 469, also signed into law in 2002, provides that Point System amendments may be adopted by a 60% affirmative vote of the governing body if the only effect of the amendment is to decrease the number of points granted for the performance of an activity or increase the amount of an activity required to earn the points granted for the performance of the activity, or both.

Please contact your Penflex, Inc. representative to discuss a review of your current Point System.

From the Comptroller’s Office…..

Over the years a number of opinions interpreting the law have been issued by the Comptroller’s Office. Six of them have direct bearing to the Point System in a Service Award Program. The following is a brief summary:

2002-1 Amendments to a Service Award Program are subject to mandatory referendum regardless of the effect of the amendment on the cost of the program. This would include amendments to the Point System except as provided for by Chapter 469 of the laws of 2002.

2001-2 Service Award Program cannot require more than 50 points to earn a year of service credit. A Service Award Program cannot require participation in a number of calls greater than the statutory minimum in order to qualify for the 25 points in the call category. A Service Award Program may not create priorities among activities by conditioning the granting of points for one activity on the accumulation of points in another category.

97-13 Points cannot be given for training courses unless the chief or board of fire commissioners approves the training. Nor can points be granted for training taken during a period of suspension.

95-9 Points cannot be given for attendance at Fire District governing Board meetings and/or meetings of committees of a Fire Company in the meetings category but may be creditable under the miscellaneous category. Also, credit cannot be prorated for calls less than the prescribed minimum.

94-24 Points cannot be given for attendance at meetings of Emergency Rescue and First Aid Squad, Fire Police Squad or Executive Board of Fire Company under the meetings category but may be creditable under the miscellaneous category.

93-16 Points cannot be given for Activities performed by local government employee during regularly assigned work periods.

Copies of the full text of these and other Comptroller’s Opinions can be accessed on the internet at www.nysosc3.osc.state.ny.us/legal or by contacting your Penflex, Inc. representative.

Point System Basics

Every Service Award Program must have a Point System under which points are accumulated for various activity categories. The parameters of the Point System are defined under Article 11A* of the General Municipal Law and can consist of up to 8 categories of activities for which firefighters can earn points. To earn credit for a calendar year, a firefighter must earn 50 or more points under the Service Award Program Point System during a calendar year and must be an “active volunteer firefighter” as that term is defined in Article 11A.

The Fire Company/Department has the responsibility to maintain the Point System records. It is imperative that all firefighters strictly comply with the Fire Company’s/Department’s sign-in procedures for verifying attendance at drills, meetings, calls, etc. These sign in/attendance sheets must be produced upon demand when the Service Award Program records are audited.

The activity categories shall be designated by the program sponsor and shall be selected from the following categories:

1. Training Courses (other than drills): 25 point maximum
2. Attendance at Drills: 20 point maximum
3. Participation in Sleep-in or stand-by Sessions: 20 point maximum
4. Holding a Specific Elected or Appointed Position: 25 point maximum
5. Attendance at Meetings: 20 point maximum
6. Participation in Department Responses or Calls: 25 points **
7. Miscellaneous Activities: 15 point maximum
8. Teaching Fire Prevention Classes: 5 point maximum

* Article 11A can be accessed on the internet at the following address: www.assembly.state.ny.us/leg/?cl=48 or contact your Penflex, Inc. representative.
** Participation in department responses or calls is a category that has been a source of controversy as the interpretation of the law has been debated over the years. Although all the other categories have a stated maximum with any number of points less than the maximum acceptable, the calls category is 25 points for meeting the minimum number of calls under the law or nothing. Please see section 217(c)(vi) and Comptroller’s Opinion 2002-1.

From Penflex, Inc…..

We are always looking for better ways to serve our clients. However we are also sensitive to our client’s budgetary constraints. Since their initial establishment, sometimes, many years ago, many of our clients have assumed the task of maintaining their own Point System documents. As we review the annual valuations it is apparent to us that, in some cases, the most recent Point System document in our files is not the one currently in use. In other cases, the Point System has not changed since it was initially established. Given the recent changes is legislation as well as interpretive opinions from the Comptroller’s office, we are advising all of our clients to review their Point System documents to make sure that it is in compliance. Please contact your Penflex representative if you would like our assistance with that review.