Assembly Bill A9674

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7486                                                  A. 9674

                      S E N A T E - A S S E M B L Y

                              May 15, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the town law, in relation to fire  district  nominations
  for the offices of chief and assistant chiefs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 11-a and 11-b of section 176 of the town  law,
subdivision  11-a  as  amended  by  chapter  351 of the laws of 2000 and
subdivision 11-b as amended by chapter 169 of  the  laws  of  1986,  are
amended to read as follows:
  11-a.  The  members  of the fire department of the fire district shall
meet at a time and place designated by the board of  fire  commissioners
on  the  Thursday  following the first Tuesday in April of each year and
nominate persons WHO MAY BE EMPLOYED BY THE DISTRICT for the offices  of
chief  and such assistant chiefs as may be provided for in the rules and
regulations adopted by the board of fire commissioners. If the  Thursday
following  the  first Tuesday in April falls upon a day of special reli-
gious observance, the board of  fire  commissioners  may  designate  any
other weekday in April after such Thursday as the day upon which to hold
such  meeting. Each nominee shall be a member of the fire department. In
addition, the board of fire commissioners may by resolution require that
any or all of such fire department officers shall be  residents  of  the
fire  district.  All  nominations  shall  be  made by ballot. The person
acting as secretary of such  meeting  shall  promptly  notify  the  fire
district  secretary  in  writing  of such nominations. The board of fire
commissioners at its meeting next succeeding the making  of  such  nomi-
nations  shall  consider  the same and shall appoint such persons to the
offices to which they have been respectively nominated or,  if  a  nomi-
nation is not approved the board of fire commissioners shall call anoth-
er  meeting  of  the members of the fire department at which a new nomi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD11600-01-3

S. 7486                             2                            A. 9674

nation shall be made to take the place of any nomination  not  approved,
which procedure shall continue until a full set of officers is approved.
Any  such person shall assume the duties of his office as soon as he has
been  appointed  thereto  by  the  board of fire commissioners and shall
serve until his successor is appointed. A person who has been  convicted
of arson in any degree shall not be eligible for nomination, election or
appointment  to  the office of fire department chief or assistant chief.
Any fire department chief or assistant chief who is convicted  of  arson
in  any  degree  during  his  term  of office shall be disqualified from
completing such term of office.
  11-b. The members of the fire department at a regular or special meet-
ing of the department held after the month of April  but  prior  to  the
month  of  November in any year may adopt a resolution recommending that
future meetings for the nomination of the chief and assistant chiefs  be
held  in December, either on the first Thursday, the first Saturday, the
Thursday following the first Tuesday, the Saturday following  the  first
Tuesday,  the  Thursday  following  the  second Tuesday, or the Saturday
following the second Tuesday in such month, instead of April as provided
in subdivision eleven-a of this section. Provided,  however,  the  Davis
Park fire department may adopt a resolution to hold future meetings, for
nomination  of chief and assistant chiefs, on the last Sunday in Septem-
ber. The notice or call for such  meeting  shall  specify  that  such  a
resolution  will  be  offered  to be voted upon at such meeting. If such
resolution is adopted, the board of fire commissioners may adopt a  rule
or regulation providing that future meetings for the nomination of chief
and  assistant  chiefs  shall  be  held in December, either on the first
Thursday, the first Saturday, the Thursday following the first  Tuesday,
the  Saturday  following  the  first Tuesday, the Thursday following the
second Tuesday, or the Saturday following the  second  Tuesday  in  such
month or the last Sunday in September in the Davis Park fire department,
as  specified  in  the  fire  department resolution, instead of April as
provided in subdivision eleven-a of this section. Each nominee shall  be
a member of the fire department and a resident of the state of New York.
In  addition,  the board of fire commissioners may by resolution require
that any or all of such fire department officers shall be  residents  of
the  fire  district. All nominations shall be made by ballot. The person
acting as secretary of such  meeting  shall  promptly  notify  the  fire
district  secretary  in  writing  of such nominations. The board of fire
commissioners at its organization meeting in the month of  January  next
succeeding  the  making  of such nominations shall consider the same and
shall appoint such persons WHO MAY BE EMPLOYED BY THE  DISTRICT  to  the
offices  to  which  they have been respectively nominated or, if a nomi-
nation is not approved the board of fire commissioners shall call anoth-
er meeting of the members of the fire department at which  a  new  nomi-
nation  shall  be made to take the place of any nomination not approved,
which procedure shall continue until a full set of officers is approved.
Any such person shall assume the duties of his office as soon as he  has
been  appointed  thereto  by  the  board of fire commissioners and shall
serve until his successor is appointed. A person who has been  convicted
of arson in any degree shall not be eligible for nomination, election or
appointment  to  the office of fire department chief or assistant chief.
Any fire department chief or assistant chief who is convicted  of  arson
in  any  degree  during  his  term  of office shall be disqualified from
completing such term of office.
  If the date of meetings for the  nomination  of  chief  and  assistant
chiefs  is  changed  from April to September or December pursuant to the

S. 7486                             3                            A. 9674

foregoing provisions of  this  subdivision,  the  members  of  the  fire
department  at a regular or special meeting of the department held after
the month of April but prior to the month of November in  any  year  may
adopt  a resolution recommending that future meetings for the nomination
for such officers shall be held in April pursuant to the  provisions  of
subdivision  eleven-a  of  this section. The call for such meeting shall
specify that such a resolution will be offered to be voted upon at  such
meeting.  If such a resolution is adopted, the board of fire commission-
ers may adopt a rule or regulation providing that  future  meetings  for
the  nomination  of  chief  and  assistant chiefs shall be held in April
pursuant to the provisions of subdivision eleven-a of this  section  and
that  the  provisions  of  such  subdivision eleven-a shall again become
applicable.
  S 2. This act shall take effect immediately.