A Missouri fire protection district is a political subdivision of
the state. That means it is a kind of government. It is also a
“municipal corporation” meaning that it acts a lot like any other
corporation.
A fire protection district is a “creature” of the state and is
governed exclusively by laws passed by the Missouri General Assembly.
These you will find in chapter 321 of the state statutes. That chapter
is reproduced at the end of this paper as Appendix 1.
Because a fire protection district is a mixture of politics and law,
and functions both as a government and as a corporation, this paper
will discuss a lot of things that are opinion, have to do with
political issues, and are open to challenge or interpretation by almost
anyone. Other parts of this paper are based upon the law and what
absolutely must be done. You are advised to read this entire paper
through before taking the first steps to start a fire protection
district. Where you disagree with some of the recommendations contained
here, you should first make certain that the state statute does not
require what we propose. If you choose to disregard some of this
advice, you should obtain counsel from your own attorney or (in the
case of political suggestions) from trusted or knowledgeable people in
your area who may assist you with the political decisions that must be
made.
It is suggested that you early-on contact the county clerk in your
county and ask for advice from that individual regarding political
matters (particularly regarding the conduct of an election) and that
you seek a local attorney to represent you in court. Certain
formalities require judge approval, and it is best that you involve an
attorney early in the process. We reproduced with this paper some forms
that might be used in a court action, but we strongly advise that these
matters should be reviewed with local counsel before proceeding.
You may wish to consult (particularly in a small county) with the
prosecuting attorney. Those prosecuting attorneys who serve in a part
time position may also be willing to represent the fire protection
district. You should be aware that this is an extra service that the
prosecuting attorney might perform and is not part of his duties as an
elected official. You should be prepared to compensate the prosecuting
attorney or any other attorney you select for services rendered.
If you are planning to hire an attorney to represent you in a
formation of a fire protection district you should have a clear
understanding as to the fees and expenses. You will be expected to pay
the court costs for filing a petition with the circuit court to form
the district, and you will probably be expected to pay attorney’s fees.
Where these funds will come from ought to be an early question that you
address. If you plan to pay for these things out of anticipated tax
revenues, you should let the attorney know that he will be paid only if
the entire transaction is successful. If a voluntary fire association
is going got put up these monies in advance with an expectation of
repayment out of tax funds, that also should be made clear to everyone.
If you are advancing the money out of your own pocket (or if you have
taken a collection from other interested people) you need to disclose
fully to the attorney the limits on what you can not pay and what risks
of non-payment the attorney must take. Frank and open discussion of
these matters at the very beginning can save a lot of problems later on.
