Disciplinary ActionPoliticsProfessional Standards

Fayetteville Adopts Firefighter Bill of Rights

The Fayetteville City Council voted unanimously last week to adopt a Firefighter Bill of Rights, making Fayetteville the first municipality in Arkansas to do so. The ordinance was enacted on August 19, 2025.

Earlier this year, the Arkansas legislature approved Act 686, which created a model Bill of Rights for firefighters. However, the statute did not mandate compliance by fire departments statewide. Instead, it recommended minimum standards and left it to municipalities to adopt the provisions locally by ordinance if they chose to do so.

Fayetteville’s action gives legal effect to those protections at the local level. The ordinance establishes procedures that must be followed when a firefighter is investigated for misconduct that could result in termination, demotion, or loss of pay. Among the protections are:

  • The right, at the start of any interrogation, to be informed of the nature of the investigation, the authority of the investigator, and the identity of all persons present.
  • The right to have the disciplinary interview of an accused firefighter recorded.
  • The right to have a representative present during interrogations, including the right to an attorney.
  • The right to be compensated when questioned, even when off-duty.
  • The right, if formal charges are brought, to receive written departmental charges in advance of any disciplinary action, specifying the alleged misconduct, dates, witnesses, and the rules or laws alleged to have been violated.
  • The right to a pre-disciplinary hearing before the fire chief before discipline is imposed.

The ordinance also prohibits retaliation against firefighters who exercise their rights under the law, and it clarifies that firefighters retain the right to engage in political activity while off duty.

Fayetteville Fire Chief Brad Hardin noted that many of these practices were already being followed within the department, but by enacting them into law, they are now guaranteed. He expressed hope that other cities in Arkansas will follow Fayetteville’s lead.

A copy of Act 686, which was approved on April 16, 2025, and Fayetteville’s ordinance are attached:

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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