Bill Text: NY A10868 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the nomination of officers in the Fire Island Pines fire department on the second Saturday in September.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-24 - referred to local governments [A10868 Detail]

Download: New_York-2019-A10868-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10868

                   IN ASSEMBLY

                                      July 24, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Garbarino)
          -- read once and referred to the Committee on Local Governments

        AN ACT to amend the town law, in relation to the nomination of  officers
          in the Fire Island Pines fire department

          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 208 of the laws of 2019, 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; the Caton fire district may adopt a resolution to hold future meet-
    15  ings, for nominations of chief and assistant chiefs, on the second Tues-
    16  day in December; the Fire Island  Pines  fire  department  may  adopt  a
    17  resolution  to hold future meetings, for nomination of chief and assist-
    18  ant chiefs, on the second Saturday in September;  and  the  Fair  Harbor
    19  fire  department  may  adopt  a  resolution to hold future meetings, for
    20  nomination of the chief and assistant chiefs, on  the  third  Sunday  in
    21  September. The notice or call for such meeting shall specify that such a
    22  resolution  will  be  offered  to be voted upon at such meeting. If such
    23  resolution is adopted, the board of fire commissioners may adopt a  rule
    24  or regulation providing that future meetings for the nomination of chief
    25  and  assistant  chiefs  shall  be  held in December, either on the first
    26  Thursday, the first Saturday, the Thursday following the first  Tuesday,
    27  the  Saturday  following  the  first Tuesday, the Thursday following the
    28  second Tuesday, the Saturday following the second Tuesday in such month,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17020-01-0

        A. 10868                            2

     1  the last Sunday in September in the  Davis  Park  fire  department,  the
     2  second Tuesday in December in the Caton fire district, the second Satur-
     3  day  in September in the Fire Island Pines fire department, or the third
     4  Sunday  in September in the Fair Harbor fire department, as specified in
     5  the fire department resolution, instead of April as provided in subdivi-
     6  sion eleven-a of this section. Each nominee shall be  a  member  of  the
     7  fire  department.  In  addition,  the board of fire commissioners may by
     8  resolution require that any or all  of  such  fire  department  officers
     9  shall  be  residents of the fire district. All nominations shall be made
    10  by ballot. The person acting as secretary of such meeting shall promptly
    11  notify the fire district secretary in writing of such  nominations.  The
    12  board  of fire commissioners at its organization meeting in the month of
    13  January next succeeding the making of such  nominations  shall  consider
    14  the  same  and  shall  appoint such persons to the offices to which they
    15  have been respectively nominated or, if a nomination is not approved the
    16  board of fire commissioners shall call another meeting of the members of
    17  the fire department at which a new nomination shall be made to take  the
    18  place  of  any  nomination  not approved, which procedure shall continue
    19  until a full set of officers is approved. Any such person  shall  assume
    20  the duties of his office as soon as he has been appointed thereto by the
    21  board  of  fire  commissioners  and  shall  serve until his successor is
    22  appointed. A person who has been convicted of arson in any degree  shall
    23  not be eligible for nomination, election or appointment to the office of
    24  fire  department  chief or assistant chief. Any fire department chief or
    25  assistant chief who is convicted of arson in any degree during his  term
    26  of office shall be disqualified from completing such term of office.
    27    If  the  date  of  meetings  for the nomination of chief and assistant
    28  chiefs is changed from April to September or December  pursuant  to  the
    29  foregoing  provisions  of  this  subdivision,  the  members  of the fire
    30  department at a regular or special meeting of the department held  after
    31  the  month  of  April but prior to the month of November in any year may
    32  adopt a resolution recommending that future meetings for the  nomination
    33  for  such  officers shall be held in April pursuant to the provisions of
    34  subdivision eleven-a of this section. The call for  such  meeting  shall
    35  specify  that such a resolution will be offered to be voted upon at such
    36  meeting. If such a resolution is adopted, the board of fire  commission-
    37  ers  may  adopt  a rule or regulation providing that future meetings for
    38  the nomination of chief and assistant chiefs  shall  be  held  in  April
    39  pursuant  to  the provisions of subdivision eleven-a of this section and
    40  that the provisions of such  subdivision  eleven-a  shall  again  become
    41  applicable.
    42    §  2.  This  act shall take effect on the ninetieth day after it shall
    43  have become a law.
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