1997-26
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Cite as N.Y. Op. Att'y Gen. No. 1997-26
EDUCATION LAW §§ 807-c, 1604(5), (30), 1709(33), 1804(1); MUNICIPAL
HOME RULE LAW § 10; VILLAGE LAW § 1-102; L 1974 CH 1015.
The Legislature has authorized agreements between school
districts and governing bodies of local fire departments and other
emergency service providers that include provisions relating to the
costs of alarm interconnections, including costs associated with
false alarms. Therefore, a village by contract may provide for the
expense of false alarms.
June 13, 1997
Stephen G. Tomann, Esq.
Informal Opinion
Village Attorney
No. 97-26
Village of Cold Spring
P. O. Box 313
Cold Spring, NY 10516
Dear Mr. Tomann:
You ask whether a school district located within your village
may be made subject to the emergency false alarm provisions of the
village’s Automatic Alarm Permit Law.
The village’s local law provides that permits must be issued
for all alarm systems connected to the village’s police department,
fire company or emergency medical service. Among other things, the
code requires investigation of suspected false emergency alarms and
imposes charges for the transmission of more than one false alarm
within a twelve-month period. You have informed us that there have
been numerous false alarms at the school resulting in response
costs for the village.
Specifically with regard to the school district, there are
provisions of the Education Law which contemplate agreements
between school authorities and local legislative bodies for
installation and maintenance of emergency alarm interconnections.
Section 807-c of the Education Law permits school authorities to
connect the school's fire alarm system with the municipal fire
department or fire company. Through this connection, any time the
school's internal fire alarm system is activated, a signal is
automatically transmitted to the local fire department. Section
807-c also states that:
School authorities and the governing body
having jurisdiction of any fire department or
fire company are hereby authorized, by
agreement between them, to apportion the costs
of installing and maintaining any such
interconnection, and such costs are hereby
deemed appropriate expenditures from the funds
of such school authorities and governing
bodies.
This provision was added in 1974 as part of an amendment that
made such interconnections permissive rather than mandatory.
2
L 1974 ch 1015. Implementation of the prior statute had been
delayed for three years due to a variety of practical concerns,
which were the genesis of the amendment. The amendment dealt with
the difficulties inherent in mandatory interconnection, such as
problems associated with payment of costs including the cost of
false alarms. The overall intent was to foster equitable
agreements between school districts and governing bodies of local
fire companies and departments, whereby the costs of
interconnections would be apportioned fairly. Study of School Fire
Alarm Interconnection prepared by State Education Department, Bill
Jacket, L 1974, ch 1015, pp 6-17. The authority to “apportion”
costs resulted from recognition of the mutual benefit of
interconnections to local governments and school districts. Id.,
pp 16-17.
Governing bodies of school districts, which are charged with
the responsibility of school administration, have all the powers
reasonably necessary to discharge duties imposed upon them
expressly or by implication. See, e.g., Education Law §§ 1604(5),
(30), 1709(33), 1804(1). It seems clear they may enter into
contracts necessary to protect students and school property.
Villages also have general contract authority. Village Law
§ 1-102. See also, Municipal Home Rule Law § 10. In our view,
these provisions authorize the district to contract with the
village, through the board of trustees as its governing body, for
provision of alarm interconnections with the police department and
emergency medical service. These contracts may include provisions
for allocating the cost of false alarms.
In response to your inquiry, we conclude that the Legislature
has authorized agreements between school districts and governing
bodies of local fire departments and other emergency service
providers that include provisions relating to the costs of alarm
interconnections, including costs associated with false alarms.
Therefore, your village by contract, through the board of trustees,
may provide for the expense of false alarms.
The Attorney General renders formal opinions only to officers
and departments of State government. This perforce is an informal
and unofficial expression of the views of this office.
Very truly yours,
SIOBHAN S. CRARY
Assistant Attorney General