Delligatti, 050718 WVAGO, AGO 050718
|Docket Nº:||AGO 050718|
|Case Date:||May 07, 2018|
In what manner, and to what extent, may the fire service fees imposed under W.Va. Code §7-17-12 be used to pay salaries and attendant costs of fire protection personnel employed by fire departments?We conclude that using Section 7-17-12 fire service fees for expenses related to fire protection personnel is consistent with the statutory text and the Legislature's directive that these fees may be used broadly to accomplish the purposes of a county fire board. DISCUSSION West Virginia Code Chapter 7, Article 17, allows for the creation of county-wide fire associations and county fire boards. W.Va. Code §§ 7-17-3, 6; see also Scott v. Marion Cty. Comm'n, 180 W.Va. 483, 484, 377 S.E.2d 476, 476 (1988). County fire associations are comprised of members of county fire departments, and are designed to "discuss fire protection services to address fire protection problems at the county level." W.Va. Code § 7-17-3. County fire boards, which are formed after a vote of a county fire association and by approval of the county commission, are tasked with establishing "the funding priorities for the fire departments forming the fire association." Id. § 7-17-6. The Legislature's creation of these entities reflects its determination that "fire protection and saving lives and property are important to the health and welfare of the...
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