Harrison’s building inspector, who also serves as the acting fire marshal, should not be wearing both hats, according to a 20-year-old opinion of a former New York state assistant attorney general.
In March, the Town Council appointed Rocco Germani to the positions of building inspector and acting fire marshal, filling the dual roles vacated by Robert FitzSimmons, who retired at the end of 2016.
But the advisory opinion of former state Assistant Attorney General James Cole in 1998—operating under then state Attorney General Eliot Spitzer—suggests that one person cannot be suited to hold both roles, as the fire marshal could be responsible for reporting the missteps of the building inspector.
The opinion states, “We have found that positions are incompatible where the holder of one is empowered to review decisions made by the holder of the other position.” Cole argues that it is the fire marshal’s duty to investigate whether a fire was caused by a violation of building code. If that is the case, it would be the fire marshal’s responsibility to examine whether the violation was acknowledged or overlooked by the building inspector, creating a conflict of interest.
But officials in the town/village of Harrison argue that the opinion is outdated, and not usually given any merit by the state.
“Fundamentally, as to the issue of the law, I don’t think there’s a question on that,” said Councilman Steve Malfitano, a Republican. “Is there a better way? That’s subject to discussion.”
Although neither Germani nor FitzSimmons has been a firefighter, fire marshals in New York state are not required to have previous firefighting experience. They are, however, required to receive fire investigation certification from the state Division of Homeland Security and Emergency Services, DHSES. According to town officials, the fact that Harrison’s building inspectors have been certified by the DHSES over the years is evidence that the state does not believe the issue poses a conflict as suggested by the 1998 opinion.
“The state has been well aware of us sending our building inspectors for training and they’ve never said to us, ‘There’s a problem here,’” said town Councilwoman Marlane Amelio, a Republican.
The town also employs a part-time fire inspector, Andrew Mentrasi, who has similar duties to those of the fire marshal, according to town officials.
Germani receives a salary of $145,669 for his role as building inspector, and an additional stipend of $22,000 for his duties as acting fire marshal.
Neither Town Attorney Frank Allegretti nor the state Attorney General’s office could be reached for comment as of press time.
