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County attorney says recent West Central Fire District appointment complies with ordinance
Summary
After a challenge to a trustee appointment, the Allen County attorney told commissioners the West Central Fire District appointment complies with the district ordinance and applicable statute, including residency provisions for the fifth trustee.
County legal counsel told the Allen County Commissioners on Jan. 10 that the appointment the board made to the West Central Fire District complies with the district ordinance and the controlling statute.
A commissioner noted a question had arisen about whether a recently appointed trustee met residency requirements. The county attorney summarized the ordinance governing the West Central Fire District, saying the ordinance provides for five trustees: two members from each township or part of a township contained within the district, and a fifth member selected from the township with the greater population as reported in the last decennial census.
The attorney said the district contains Aboite Township and Lake Township; two trustees live in unincorporated parts of each township, meeting the requirement that at least four trustees reside in parts of the townships contained within the district. The attorney explained that, based on the ordinance language, the fifth trustee need not reside in an unincorporated part of the township contained in the district and that the fifth member can legally live in an incorporated municipality within the higher-population township (for example, Fort Wayne) so long as the individual resides in the township named as having the greater population.
The attorney added that the state statute governing fire districts does not specify residency requirements for those additional trustees and focuses instead on skill, knowledge and understanding of fire protection. After
