Virginia Appeals Court Overturns Removal of Fire Company Leadership

The Virginia Court of Appeals has ruled that the Rappahannock County Board of Supervisors did not have the legal authority to remove the leadership of a local volunteer fire company. The suit was brought by the duly elected officers and directors of the Flint Hill Volunteer Fire Company who were ousted following a County Board of Supervisors meeting on January 26, 2023.

As explained in the decision:

• Over the past few years, Flint Hill had difficulties meeting performance goals and certification requirements.
• As a result, Flint Hill sought assistance from the other volunteer fire and rescue departments, the Rappahannock County Fire and Rescue Association, and the Board of Supervisors.
• Following, the Board of Supervisors called a special meeting on January 26, 2023.
• Claiming “various . . . deficiencies” had led to “doubt in the community that Flint Hill leadership is capable of effectively delivering services to the community,” the Board of Supervisors adopted a resolution that removed the existing officers and directors of Flint Hill and appointed new ones at the meeting.
• Under Flint Hill’s bylaws, officers and directors must be “full voting member[s]” and elected upon a vote of existing members.
• However, that procedure was not used in appointing the new officers and directors.
• In response, previous officers and directors, the appellants, brought a petition against appellees under Code § 13.1-861, seeking a declaratory judgment, injunctive relief, and judicial review of an election of directors.

The suit was initially filed in Rappahannock County Circuit Court who upheld the Board of Supervisors, concluding that Title 27 of the Code of Virginia authorized the removal and appointment of new officers. The Virginia Court of Appeals disagreed, concluding that even if Title 27 applied, the power to “appoint a chief and … other officers” does not authorize the Board to “remove” the existing officers. The court also raised questions about whether Title 27 even applied to Flint Hill because it was a private corporation organized under Title 13. However, since it was not necessary to reach that issue, it declined to consider it and sent the case back to the circuit court.

Here is a copy of the decision.