S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7904
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
   tee on Local Governments
 
 AN  ACT  to  amend the town law, in relation to  the nomination of chief
   and assistant chiefs in the Cherry Grove fire district
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 11-b of section 176 of the town law, as amended
 by chapter 208 of the laws of 2019, is amended to read as follows:
   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 Caton fire district may adopt a resolution to hold future meet-
 ings, for nominations of chief and assistant chiefs, on the second Tues-
 day in December; THE CHERRY GROVE FIRE DEPARTMENT MAY ADOPT A RESOLUTION
 TO  HOLD  FUTURE  MEETINGS,  FOR  NOMINATION  OF THE CHIEF AND ASSISTANT
 CHIEFS, ON THE THIRD SATURDAY IN SEPTEMBER; and  the  Fair  Harbor  fire
 department  may  adopt  a  resolution to hold future meetings, for nomi-
 nation of the chief and assistant chiefs, on the third 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11144-01-1

 A. 7904                             2
 
 Thursday, the first Saturday, the Thursday following the first  Tuesday,
 the  Saturday  following  the  first Tuesday, the Thursday following the
 second Tuesday, the Saturday following the second Tuesday in such month,
 the  last  Sunday  in  September  in the Davis Park fire department, the
 second Tuesday in December in the Caton fire district, THE THIRD  SATUR-
 DAY  IN  SEPTEMBER  IN  THE  CHERRY  GROVE FIRE DEPARTMENT, or the third
 Sunday in September in the Fair Harbor fire department, as specified  in
 the fire department resolution, instead of April as provided in subdivi-
 sion  eleven-a  of  this  section. 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 organization meeting in the month  of
 January  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 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.
   If the date of meetings for the  nomination  of  chief  and  assistant
 chiefs  is  changed  from April to September or December pursuant to the
 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.
   § 2. This act shall take effect immediately.