S T A T E O F N E W Y O R K
________________________________________________________________________
4873
2021-2022 Regular Sessions
I N A S S E M B L Y
February 8, 2021
___________
Introduced by M. of A. PALMESANO, ASHBY, BLANKENBUSH, BRABENEC, B. MILL-
ER, MONTESANO, MORINELLO, REILLY, SALKA, TAGUE -- Multi-Sponsored by
-- M. of A. BYRNES, J. M. GIGLIO, McDONOUGH -- read once and referred
to the Committee on Local Governments
AN ACT to amend the town law, in relation to the election of fire chiefs
and assistant fire chiefs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 11-a of section 176 of the town law, as amended
by chapter 351 of the laws of 2000, is 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 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; PROVIDED, HOWEVER, THAT THE BOARD OF FIRE COMMIS-
SIONERS MAY BY RESOLUTION, ADOPT A POLICY ALLOWING FIRE DISTRICTS THE
OPTION TO SET THE DAY OF ELECTION OF CHIEF AND ASSISTANT CHIEFS ON THE
SAME DAY AS THE FIRE DEPARTMENT'S ELECTION OF ADMINISTRATION OFFICERS.
[If the Thursday following the first Tuesday in April falls upon a day
of special religious 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 resol-
ution 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
nominations shall consider the same and shall appoint such persons to
the offices to which they have been respectively nominated or, if a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07993-01-1
A. 4873 2
nomination is not approved the board of fire commissioners shall call
another meeting of the members of the fire department at which a new
nomination 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.
§ 2. This act shall take effect immediately.