Bill Text: NY S04944 | 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 [S04944 Detail]
Download: New_York-2019-S04944-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4944--A 2019-2020 Regular Sessions IN SENATE April 2, 2019 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- 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, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10676-03-9S. 4944--A 2 1 the Thursday following the first Tuesday, the Saturday following the 2 first Tuesday, the Thursday following the second Tuesday, the Saturday 3 following the second Tuesday in such month, the last Sunday in September 4 in the Davis Park fire department, [or] the second Tuesday in December 5 in the Caton fire district, or the third Sunday in September in the Fair 6 Harbor fire department, as specified in the fire department resolution, 7 instead of April as provided in subdivision eleven-a of this section. 8 Each nominee shall be a member of the fire department. In addition, the 9 board of fire commissioners may by resolution require that any or all of 10 such fire department officers shall be residents of the fire district. 11 All nominations shall be made by ballot. The person acting as secretary 12 of such meeting shall promptly notify the fire district secretary in 13 writing of such nominations. The board of fire commissioners at its 14 organization meeting in the month of January next succeeding the making 15 of such nominations shall consider the same and shall appoint such 16 persons to the offices to which they have been respectively nominated 17 or, if a nomination is not approved the board of fire commissioners 18 shall call another meeting of the members of the fire department at 19 which a new nomination shall be made to take the place of any nomination 20 not approved, which procedure shall continue until a full set of offi- 21 cers is approved. Any such person shall assume the duties of his office 22 as soon as he has been appointed thereto by the board of fire commis- 23 sioners and shall serve until his successor is appointed. A person who 24 has been convicted of arson in any degree shall not be eligible for 25 nomination, election or appointment to the office of fire department 26 chief or assistant chief. Any fire department chief or assistant chief 27 who is convicted of arson in any degree during his term of office shall 28 be disqualified from completing such term of office. 29 If the date of meetings for the nomination of chief and assistant 30 chiefs is changed from April to September or December pursuant to the 31 foregoing provisions of this subdivision, the members of the fire 32 department at a regular or special meeting of the department held after 33 the month of April but prior to the month of November in any year may 34 adopt a resolution recommending that future meetings for the nomination 35 for such officers shall be held in April pursuant to the provisions of 36 subdivision eleven-a of this section. The call for such meeting shall 37 specify that such a resolution will be offered to be voted upon at such 38 meeting. If such a resolution is adopted, the board of fire commission- 39 ers may adopt a rule or regulation providing that future meetings for 40 the nomination of chief and assistant chiefs shall be held in April 41 pursuant to the provisions of subdivision eleven-a of this section and 42 that the provisions of such subdivision eleven-a shall again become 43 applicable. 44 § 2. This act shall take effect on the thirtieth day after it shall 45 have become a law.
