With a collective dictum, the board of supervisors this week actuated San Bernardino County Chief Executive Officer Gary McBride’s recommendation to appoint San Bernardino County Fire Chief Dan Munsey as the county fire warden and County Fire Marshal Michael A. Horton to serve as deputy county fire warden.
The appointments were made under the aegis of Government Code § 24008, which provides Munsey and Horton with full powers of peace officers as provided for by California Penal Code § 830.37, subdivisions (b) and (c). Under the county’s charter and chain of command, that authority and power does not reside with either the fire chief or county fire marshal, though traditionally those that hold the fire chief and fire marshal posts in San Bernardino County take on the fire warden and deputy fire warden mantles.
According to McBride, “Pursuant to Government Code § 24008, the board of supervisors may appoint a county fire warden, deputy fire wardens and assistant fire wardens in order to include powers otherwise not included under the domain of the San Bernardino County Fire Prevention District fire chief, fire marshal and deputy chiefs. The fire warden’s responsibilities include overseeing countywide enforcement of laws relating to fire protection, prevention and fire suppression which is a primary duty of these peace officers, when acting in that capacity. Specifically, Government Code § 24008 states the following: ‘The county fire warden shall aid in enforcing all laws and ordinances and any rules or regulations adopted by the State Board of Forestry and Fire Protection and by the State fire marshal relating to fires or to fire prevention and protection.’ Additionally, ‘the county fire warden and the county fire warden’s deputies and assistants shall perform those duties relating to fires or to fire protection and prevention required by the board of supervisors.’”
Munsey was appointed San Bernardino County fire chief on November 20, 2019 by McBride with the concurrence from the board of supervisors. McBride said, “Designating [Muncey and Horton] as the county fire warden and the deputy county fire warden will allow them to carry out responsibilities listed in Government Code § 24008 on behalf of the county.”
-M.G.