S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6459
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2021
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 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

 S. 6459                             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.