Fall River council orders legal review before using 'hybrid' firefighter hiring list; motion passes despite one recorded 'no'

The Fall River City Council on a unanimous procedural vote moved to invite corporation counsel and an administration representative to the Committee on Finance to provide a legal opinion before the city proceeds with a "hybrid" list for hiring firefighters.

Councilor Dionne objected on the floor, saying the hybrid list "appears to be in direct violation of sections thirty-fifty 2 and thirty-fifty 3 of the code of the city of Fall River, Massachusetts, which refer directly to MGL chapter 31," and asked that a legal determination be issued before the list is used. Dionne also contrasted the proposed practice with police hiring, saying the police department "has used the hybrid list, but the police department doesn't violate ordinance because they always exhaust the civil service list prior to using the hybrid list." The council moved, seconded and adopted the resolution after debate; the motion carried with Dionne recorded as opposed and other members voting in favor.

The adopted resolution directs corporation counsel and an administration representative to appear before the Committee on Finance to discuss the legal sufficiency of using a hybrid list and to advise whether the ordinances will require amendment before implementation. The measure also asks corporation counsel to advise whether the ordinance changes should be considered by the Committee on Ordinances and Legislation.

Next steps identified on the council floor include scheduling that legal review with the Committee on Finance; no timetable or effective date for any hiring change was set during the meeting.