§ 174. Fire district officers. 1. Whenever a fire district shall be
established, within ten days thereafter the town board of the town in
which such district is located or, in the case of a district including
territory in two or more towns, the town boards of such towns acting
jointly by a majority vote of the members of each of such town boards,
shall appoint five fire district commissioners and a treasurer for such
district who shall hold their respective offices until the thirty-first
day of December next succeeding; provided, however, that if such
district be established subsequent to the first day of October in any
year, the officers so appointed by the town board shall hold office
until the thirty-first day of December of the next succeeding calendar
year. A person so appointed as fire district commissioner shall not
serve as chief or assistant chief of the fire district fire department
after taking his oath of office as such commissioner and during the time
he serves as such commissioner pursuant to such appointment. The town
clerk shall immediately notify the appointees of their appointment and
of the time and place which he shall fix for the organization meeting of
the board of fire commissioners, which meeting shall be held not later
than ten days after the appointment of said officers. At such
organization meeting, the treasurer shall preside until such time as a
chairman of the board of fire commissioners shall be chosen, but such
treasurer shall not be entitled to a vote at such meeting. The board of
fire commissioners shall appoint a secretary who shall hold office until
the thirty-first day of December following the first election of fire
district officers.

2. The first election of fire district officers shall be held on the
second Tuesday in December next succeeding the establishment or
consolidation of such fire district; provided, however, that if such
district be established at a time subsequent to the first day of October
in any year, the first election of fire district officers shall be held
on the second Tuesday in the month of December of the next succeeding
calendar year. At the first annual election of fire district officers,
five district commissioners shall be elected and a treasurer. The person
receiving the greatest number of votes for the office of fire
commissioner shall be elected for a term of five years; the person
receiving the second highest number of votes shall be elected for a term
of four years; the person receiving the third highest number of votes
shall be elected for a term of three years; the person receiving the
fourth highest number of votes shall be elected for a term of two years
and the person receiving the fifth highest number of votes shall be
elected for a term of one year. In the event that two persons shall
receive the same number of votes the terms of office shall be decided by
lot. At each subsequent election of fire district officers a
commissioner shall be elected for the full term of five years. In the
event that two or more persons receive the same number of votes thereat,
a special election between the tying parties receiving the highest
number of votes to fill the vacancy shall be held within forty-five days
after such election. The fire district treasurer shall be elected for a
term of three years. The fire district secretary shall be appointed by
the fire district commissioners and shall serve for a period of one
year. The fire district secretary in office at the time such election is
held shall immediately notify the officers elected of their election and
that an organization meeting will be held on the day specified in said
notice, which shall not be later than the fifteenth day of January next
ensuing. At such organization meeting, the treasurer shall preside until
such time as a chairman of the board of fire commissioners shall be
chosen, but such treasurer shall not be entitled to a vote at such
meeting.

2-a. The fire district commissioners may adopt a resolution
establishing the office of director of purchasing and appoint a director
of purchasing who shall serve for a term, not to exceed five years, to
be fixed by the fire district commissioners. If the fire district
commissioners so determine, the duties of the director of purchasing may
be combined with the duties of any other fire district officer or
employee except members of the board of fire district commissioners and
the fire district treasurer. The fire commissioners of any fire district
in which the office of director of purchasing shall have been
established may adopt a resolution abolishing such office, and upon the
expiration of the term of office of the incumbent or such other time as
may be set forth in the resolution, such office shall be abolished and
no successor shall be appointed.

3. The fire district commissioners shall receive no compensation for
their services, but a commissioner acting as secretary of the fire
district may be compensated. The fire district secretary shall receive
such compensation as the fire district commissioners may determine, but
if the secretary be a member of the board of fire commissioners his
compensation shall be fixed by the other members of the board. The fire
district treasurer and the director of purchasing, when such office has
been established, shall receive such compensation as the fire district
commissioners may determine. Each fire district treasurer, each
secretary in fire districts having a separate secretary, and each
director of purchasing, when such office has been established, shall
before entering upon the duties of his office take the constitutional
oath of office and file the same with the town clerk of the town or one
of the towns in which such fire district is located. The treasurer of
each fire district shall before entering upon the duties of his office,
execute and file with the town clerk of the town or one of the towns in
which such fire district is located, an official undertaking,
conditioned for the faithful performance of his duties and that he will
and truly keep, pay over and account for all moneys of the fire district
coming into his hands as treasurer of the fire district. The undertaking
shall be in such form, in such sum and with such sureties as the fire
commissioners shall direct and approve and such approval shall be
indicated upon such undertaking. The fire commissioners of any fire
district may require the director of purchasing, when such office has
been established, before entering upon the duties of that office, to
execute and file with the town clerk of the town or one of the towns in
which such fire district is located, an undertaking, conditioned for the
faithful performance of his duties and for a due accounting of all
property that may come under his care, custody and control. Such
undertaking shall be in such form, in such sum and with such sureties as
the fire commissioners shall direct and approve and such approval shall
be indicated upon such undertaking.

4. The fire district treasurer or any commissioner of the fire
district, whenever so appointed, may also act as fire district
secretary. When the position of fire district treasurer or fire district
secretary is appointive, and in the case of the director of purchasing,
when such office has been established, and if no qualified resident of
the district is willing to perform the duties of fire district
treasurer, fire district secretary or director of purchasing, a person
who is a nonresident of such fire district may be appointed as fire
district treasurer, fire district secretary or director of purchasing. A
person shall not hold the offices of fire district commissioner and fire
district treasurer at the same time. A person shall not hold the office
of fire district commissioner and the office of chief or assistant chief
of the fire department of the fire district at the same time.

Notwithstanding any inconsistent provision of law, a person who is a
fire district commissioner, may, if he is otherwise qualified, be a
candidate for nomination, and may be nominated by the fire district fire
department, for the office of chief or any assistant chief of the fire
department, but only if such commissioner has filed with the fire
district secretary at least five days, but not more than ten days,
before the meeting of the fire department at which any such nomination
would be made a written notice that he will be a candidate for such
nomination. If a fire district commissioner is a candidate for
nomination for any such office in the fire department and he is duly
nominated for such office at a meeting of the fire department, he shall
forthwith cease to be a fire district commissioner and his office as
such commissioner shall thereupon become vacant. If a fire district
commissioner is a candidate for nomination for any such office in the
fire department and he is defeated for such nomination at the meeting of
the fire department, he shall not participate in any vote of the board
of fire commissioners in relation to the appointment of the successful
nominee to the office for which such commissioner and such successful
nominee were opposing candidates.

Notwithstanding any inconsistent provision of law, a person who is the
chief or an assistant chief of the fire district fire department, if he
is otherwise qualified, may be elected to the office of fire district
commissioner or may be appointed to the office of fire district
commissioner to fill a vacancy and, if he is so elected or appointed,
his office as chief or assistant chief, as the case maybe, shall become
vacant upon his taking his oath of office as fire district commissioner.

5. 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
district commissioner or fire district officer.

6. Each commissioner of a fire district before entering upon the
duties of his office, shall take the constitutional oath of office and
file the same with the town clerk of the town or one of the towns in
which such fire district is located.

7. A fire district is a political subdivision of the state and a
district corporation within the meaning of section three of the general
corporation law. The officers and employees of a fire district,
including the paid and volunteer members of the fire department thereof,
are officers and employees of such fire district and are not officers or
employees of any other political subdivision.