Bill Text: NY A06991 | 2019-2020 | General Assembly | Amended
Bill Title: Permits members of the Fair Harbor fire district to adopt a resolution changing the date for the nomination of the chief and assistant chiefs of such fire department.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-08-29 - SIGNED CHAP.208 [A06991 Detail]
Download: New_York-2019-A06991-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6991--A 2019-2020 Regular Sessions IN ASSEMBLY April 3, 2019 ___________ Introduced by M. of A. GARBARINO -- read once and referred to the Committee on Local Governments -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the town law, in relation to the nomination of fire district officers in the Fair Harbor fire district The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 11-b of section 176 of the town law, as amended 2 by chapter 351 of the laws of 2016, is amended to read as follows: 3 11-b. The members of the fire department at a regular or special meet- 4 ing of the department held after the month of April but prior to the 5 month of November in any year may adopt a resolution recommending that 6 future meetings for the nomination of the chief and assistant chiefs be 7 held in December, either on the first Thursday, the first Saturday, the 8 Thursday following the first Tuesday, the Saturday following the first 9 Tuesday, the Thursday following the second Tuesday, or the Saturday 10 following the second Tuesday in such month, instead of April as provided 11 in subdivision eleven-a of this section. Provided, however, the Davis 12 Park fire department may adopt a resolution to hold future meetings, for 13 nomination of chief and assistant chiefs, on the last Sunday in Septem- 14 ber; [and] the Caton fire district may adopt a resolution to hold future 15 meetings, for nominations of chief and assistant chiefs, on the second 16 Tuesday in December; and the Fair Harbor fire department may adopt a 17 resolution to hold future meetings, for nomination of the chief and 18 assistant chiefs, on the third Sunday in September. The notice or call 19 for such meeting shall specify that such a resolution will be offered to 20 be voted upon at such meeting. If such resolution is adopted, the board 21 of fire commissioners may adopt a rule or regulation providing that 22 future meetings for the nomination of chief and assistant chiefs shall 23 be held in December, either on the first Thursday, the first Saturday, 24 the Thursday following the first Tuesday, the Saturday following the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10676-02-9A. 6991--A 2 1 first Tuesday, the Thursday following the second Tuesday, the Saturday 2 following the second Tuesday in such month, the last Sunday in September 3 in the Davis Park fire department, [or] the second Tuesday in December 4 in the Caton fire district, or the third Sunday in September in the Fair 5 Harbor fire department, as specified in the fire department resolution, 6 instead of April as provided in subdivision eleven-a of this section. 7 Each nominee shall be a member of the fire department. In addition, the 8 board of fire commissioners may by resolution require that any or all of 9 such fire department officers shall be residents of the fire district. 10 All nominations shall be made by ballot. The person acting as secretary 11 of such meeting shall promptly notify the fire district secretary in 12 writing of such nominations. The board of fire commissioners at its 13 organization meeting in the month of January next succeeding the making 14 of such nominations shall consider the same and shall appoint such 15 persons to the offices to which they have been respectively nominated 16 or, if a nomination is not approved the board of fire commissioners 17 shall call another meeting of the members of the fire department at 18 which a new nomination shall be made to take the place of any nomination 19 not approved, which procedure shall continue until a full set of offi- 20 cers is approved. Any such person shall assume the duties of his office 21 as soon as he has been appointed thereto by the board of fire commis- 22 sioners and shall serve until his successor is appointed. A person who 23 has been convicted of arson in any degree shall not be eligible for 24 nomination, election or appointment to the office of fire department 25 chief or assistant chief. Any fire department chief or assistant chief 26 who is convicted of arson in any degree during his term of office shall 27 be disqualified from completing such term of office. 28 If the date of meetings for the nomination of chief and assistant 29 chiefs is changed from April to September or December pursuant to the 30 foregoing provisions of this subdivision, the members of the fire 31 department at a regular or special meeting of the department held after 32 the month of April but prior to the month of November in any year may 33 adopt a resolution recommending that future meetings for the nomination 34 for such officers shall be held in April pursuant to the provisions of 35 subdivision eleven-a of this section. The call for such meeting shall 36 specify that such a resolution will be offered to be voted upon at such 37 meeting. If such a resolution is adopted, the board of fire commission- 38 ers may adopt a rule or regulation providing that future meetings for 39 the nomination of chief and assistant chiefs shall be held in April 40 pursuant to the provisions of subdivision eleven-a of this section and 41 that the provisions of such subdivision eleven-a shall again become 42 applicable. 43 § 2. This act shall take effect on the thirtieth day after it shall 44 have become a law.
