S T A T E O F N E W Y O R K
________________________________________________________________________
7758
2011-2012 Regular Sessions
I N A S S E M B L Y
May 16, 2011
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Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to public notification of a
reduction in force of any fire district, municipal, town or any other
local fire department
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new article 17-A to
read as follows:
ARTICLE 17-A
PUBLIC FIRE SAFETY
SECTION 480. LEGISLATIVE FINDINGS AND INTENT.
481. PROCEDURES FOR A REDUCTION IN FORCE.
S 480. LEGISLATIVE FINDINGS AND INTENT. THE RESIDENTS OF NEW YORK
STATE HAVE THE RIGHT TO OBTAIN NECESSARY FIRE PREVENTION AND FIRE SAFETY
SERVICES. IT IS THE PUBLIC POLICY OF THIS STATE TO PROMOTE A SAFE ENVI-
RONMENT FOR RESIDENTS AND PROTECT SUCH RESIDENTS FROM RESIDENTIAL AND
COMMERCIAL FIRES.
THEREFORE, IT IS THE INTENT OF THIS LEGISLATURE TO ENSURE THAT RESI-
DENTS ARE FULLY AWARE OF ANY REDUCTION IN SUCH PROTECTIVE AND PREVENTIVE
MEASURES BY REQUIRING A PUBLIC HEARING PRIOR TO ANY REDUCTION IN FORCE
OF A MUNICIPAL, TOWN, OR ANY OTHER LOCAL FIRE DEPARTMENT.
S 481. PROCEDURES FOR A REDUCTION IN FORCE. 1. AT LEAST SIX MONTHS IN
ADVANCE OF A PROPOSED REDUCTION IN FORCE OF ANY FIRE DISTRICT, MUNICI-
PAL, TOWN, OR ANY OTHER LOCAL FIRE DEPARTMENT, THE GOVERNING AUTHORITY
IN WHICH SUCH FIRE DEPARTMENT IS LOCATED ARE HEREBY REQUIRED TO ESTAB-
LISH AN ADVISORY COMMITTEE ON THE PROPOSED REDUCTION TO INVESTIGATE THE
IMPACT OF SUCH REDUCTION ON THE ABILITY OF SAID FIRE DEPARTMENT TO
ADEQUATELY PREVENT AND SUPPRESS FIRES IN SUCH LOCATION.
2. THE FACTORS TO BE CONSIDERED BY THE COMMITTEE IN THE IMPACT STATE-
MENT SHALL INCLUDE, BUT NOT BE LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11561-01-1
A. 7758 2
(A) THE CURRENT DUTIES PERFORMED BY FIRE PERSONNEL;
(B) POSSIBLE IMPACT OF THE REDUCTION FIRE RESPONSE TIME;
(C) THE EFFECT SUCH REDUCTION WOULD HAVE ON AUXILIARY FIRE DEPARTMENT
SERVICES INCLUDING BUT NOT LIMITED TO: EDUCATIONAL PROGRAMS, TRAINING
AND PROTECTIVE SERVICES;
3. (A) SUCH IMPACT STATEMENT SHALL BE FILED WITH THE GOVERNING AUTHOR-
ITY AND BE MADE AVAILABLE FOR PUBLIC INSPECTION. SUCH GOVERNING AUTHORI-
TY SHALL PUBLISH A NOTICE OF SUCH PROPOSED REDUCTION IN FORCE IN AT
LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITY ONCE A WEEK
FOR TWO WEEKS, AND SHALL POST A NOTICE CONSPICUOUSLY IN THE AFFECTED
LOCALITY, WHICH SHALL ALSO BE CIRCULATED TO ELECTED STATE AND LOCAL
PUBLIC OFFICIALS WHO REPRESENT THE AFFECTED COMMUNITIES.
(B) AFTER THE STATEMENT HAS BEEN FILED AND CIRCULATED, THE GOVERNING
AUTHORITY, SHALL HOLD A PUBLIC HEARING TO EVALUATE THE IMPACT OF THE
PROPOSED REDUCTION IN FORCE ON THE AFFECTED LOCALITY. SUCH HEARING SHALL
BE HELD WITHIN SIXTY DAYS OF THE ISSUANCE OF THE IMPACT STATEMENT AT
TIMES AND PLACES CONVENIENT AND ACCESSIBLE TO THE PUBLIC. NOTICE OF SUCH
HEARING SHALL BE PUBLISHED BY SUCH GOVERNING AUTHORITY IN AT LEAST ONE
NEWSPAPER OF GENERAL CIRCULATION IN THE LOCALITY ONCE A WEEK FOR TWO
WEEKS, AND SHALL BE POSTED CONSPICUOUSLY IN THE AFFECTED LOCALITY, AND
SHALL ALSO BE CIRCULATED TO ELECTED STATE AND LOCAL PUBLIC OFFICIALS WHO
REPRESENT THE AFFECTED COMMUNITIES. AT SUCH HEARING, FACTORS ENUMERATED
IN SUBDIVISION TWO OF THIS SECTION SHALL BE CONSIDERED AND ALTERNATIVES
MAY BE PRESENTED BY INTERESTED PARTIES.
(C) THE GOVERNING AUTHORITY SHALL RENDER A DECISION AT A REGULAR OR
SPECIAL MEETING, THE RESULTS OF WHICH SHALL BE RECORDED AND MADE AVAIL-
ABLE TO THE PUBLIC.
S 2. This act shall take effect immediately.