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.