Incorporation

In order to form a fire protection district you first have to submit a petition to the circuit court containing the signatures of one hundred registered voters. This rather simple procedure is described in RSMo §321.030. A sample of the petition that can be used is attached as Appendix 2. The rather simple requirements of the statute hide a number of very complicated questions that you need to address and decide before circulating the petition.

First of all, you need to figure out what boundaries you are going to propose for the fire protection district. The people who sign the petition must live within those boundaries. This is a matter that ought to be negotiated with adjoining fire departments. It is often a source of controversy because citizens will claim they are being forced to participate in a fire protection district that they do not want. You want a boundary that includes as many of the “yes” voters as you can get, but does not include “no” voters. On the other hand your tax revenue is going to depend upon the assessed valuation of the property located within the district. The larger the district, generally speaking, the higher your tax revenue. (However, you should recognize that agricultural property gets a very low rate of taxation when compared to commercial or residential property. If you have choice of including a square mile of agricultural property and an acre of commercial property almost invariably the acre of commercial property will generate higher tax revenues.)

The decision on the area ought to involve consultation with the county clerk or other political officials who generally is an expert on voter behavior and can tell you areas that will be favorable to the formation of the fire district, as well as those that are opposed. Those of us who are intimately involved in fire protection often find it inconceivable that people would be opposed to paying a small tax in order to save their lives; but the fact is that many people have an instinctive hatred of government and vote against everything that involves an increase in taxation. You need to anticipate and plan for opposition from the very beginning. Then if the opposition fails to materialize then you have either done your job well or been extraordinarily lucky.

Also you might consult with the county assessor in drawing your district. The assessor can estimate the tax revenue that will be available from your district and give you realistic projections as to what sort of income the district might anticipate. (You need to keep in mind that the income from the district that the district generates from taxes probably will not occur until well after the district is formed [perhaps as much as 15 months after the formation of the district]).

In the typical fire protection district formation there already has been a voluntary association which has existed for several years or decades. This association has reluctantly concluded that membership sales and bake sales and charitable donations are not enough to keep the operation afloat. There is a need for tax revenue to provide the required services. The usual thought about the boundaries is to make the boundaries of the fire protection district the same as the boundaries of the voluntary association so as to include every member.

However, at the edge of every voluntary association there are usually people that belong to other neighboring volunteer fire districts. There will be an overlap of membership. The adjoining fire protection district might very well resent what they perceive as a grab for territory, if you select a boundary that is inclusive of all of the members in your volunteer association. Negotiate and discuss with these joining volunteer associations, because you do not want them to get so angry with you that you will stir up opposition to the formation of your district.

Once you get your boundaries decided you then have to gather signatures. The number of signatures that the statute says you have to have is one hundred. However, each of these one hundred people must (1) live within the district, and (2) be registered to vote. Large numbers of people will tell you that they are registered to vote, or that they live within the district, and they will be mistaken. Many people cannot locate where they live upon the map, and many people claim to be registered to vote when in fact they are not. Therefore, it would be prudent to gather two or three times the number of required signatures in order to make sure that you have a sufficient number.

The county clerk can be helpful. The county clerk can provide you with a list of all of the people in the county who are registered to vote. There may be a small charge for the preparation of this list, or you may be able to talk the county clerk into waiving the fee. If you find someone who lives within the district and is willing to sign the petition but is not registered you can march that individual over to the court house and make sure they get registered at once. Similarly, you can encourage that individual’s spouse, adult children, and other relatives who live within your boundaries to become registered to sign your petition. Do not take the person’s word that they have actually gone and registered: double check. Many people fail to register under the mistaken belief that doing so will result in them being called for jury duty. That used to be the case and may people refused to register or vote in fear of being called in as a juror. Recent changes to the law have indicated that drivers license holders are also called for jury duty. Most people will be selected for jury duty whether or not they register to vote.

Before you turn in your petition, it would be a good idea to have the county clerk check the signatures to make sure that at least one hundred people are registered voters. The statute does not require that this be done, but I presume some sort of evidence will be required to satisfy the judge on this point. The best individual to testify will be the county clerk. This is the usual function of the county clerk and they will not be surprised at being requested to verify the signatures.

Keep in mind that while you are circulating you petition to form the district that folks opposed tot he district have the right under section 321.090 to circulate a counter petition. There is no minimum number of signatures required on a counter petition. You might want to keep quiet about your circulation of the petition, and only circulate it among known supporters, in order to prevent people from exercising their right to circulate a protesting petition. Or you may decide that being open, circulating the petition at all sorts of public events (the county fair, annual meeting of the local farmers cooperative, bake sales, and chili suppers) is an important way to identify positive voters and that you will undertake the risk of stirring up opposition. There is no clear way that is best, although my preference would be to keep matters relatively quiet at the beginning so that the real fight that comes after the judge has approved your application to form their district. Once your petition is finished, your attorney turns it in to the circuit clerk. Generally a filing fee will have to be paid, although in some circuits it has been known for the court to waive the posting of a filing fee. The legalities on this point are not entirely clear. You might try to talk the circuit clerk into the idea that no fee should be required since this is not a typical lawsuit. In any event, the usual filing fees are relatively small (in the neighborhood of $100) and it is not worth fighting over if you have to pay. After all, you do want the good will of the circuit clerk and the circuit judge, so do not make a big deal out of having to pay the filing fee.

Shortly after the petition is filed, the judge will hold a hearing to determine if there should be a fire protection district formed. The statute does not require that there be any sort of notice given to the citizenry of their right to appear at this hearing and to contest the formation of the district. Many circuit judges will want some sort of advertisement placed in the newspaper prior to this hearing so that citizens can say what they think about the idea of forming a new fire protection district. Similarly you should anticipate that the local newspaper will want to run a newspaper story about the proposal to form this new government. It would be wise to anticipate these matters and to be prepared to pay for a newspaper advertisement if that is what the circuit judge requests. Similarly you might prepare in advance a newspaper story about the formation of your district and give it to the local newspapers in the form or a “press release” to encourage favorable newspaper publicity. A sample press release is attached to this paper as Appendix 3. Feel free to modify that press release by changing the names of the spokesman, changing the quotations, and including many more specific examples.

After the circuit judge holds his hearing on the petition, the judge will enter an order creating the fire protection district and ordering an election. A sample of that order is attached to this paper as Appendix 4.

It is impossible to predict how much a hearing will be required in a particular case. The statute says that the judge will decide that the formation of the fire protection district is reasonable, and that an election should be held. The judge has the power to change the boundaries from that which is listed on your petition. And he or she is empowered to give the new district a new name. One presumes that the judge will most likely use the name that you have proposed, and the boundaries that you have proposed particularly if there is no protest or visible opposition. If your proposal has created active opposition, the hearing on the proposed incorporation could last for several days. However, most of these things will require a hearing that lasts 5 minutes. You are much better off if you are able to get by with a hearing that lasts 5 minutes.