AGO Opinion Topics: CITY THIRD CLASS

1. Whether fire chief in third class city can operate private business when drawing full salary and on 24-hour call is matter for local civil service regulation.2. Such fire chief cannot use the city fire truck in his business.3. Nor can he use the city hall or the fire house to store TV sets or supplies for his business.

A city of the third class may operate a trailer court and overnight camping area and charge a rate which will yield a fair profit or at least provide a reasonable margin to anticipate future deficits.

A chief of the fire department of a third class city who does not devote his whole time to fire fighting, is not properly a civil service employee of the city and may therefore be removed by act of the mayor.