Bill Text: NY S07750 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the nomination and appointment of chiefs and assistant chiefs for the Brighton fire company number five.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-06-09 - referred to local governments [S07750 Detail]
Download: New_York-2019-S07750-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7750 IN SENATE February 13, 2020 ___________ Introduced by Sen. JACOBS -- 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 and appoint- ment of chiefs and assistant chiefs for the Brighton fire company number five 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; [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; and the Brighton 19 fire company number five may adopt a resolution to hold future meetings, 20 for nominations of chief and assistant chiefs, on the date of such 21 company's regularly scheduled monthly meeting in the month of October. 22 The notice or call for such meeting shall specify that such a resolution 23 will be offered to be voted upon at such meeting. If such resolution is 24 adopted, the board of fire commissioners may adopt a rule or regulation 25 providing that future meetings for the nomination of chief and assistant 26 chiefs shall be held in December, either on the first Thursday, the 27 first Saturday, the Thursday following the first Tuesday, the Saturday EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13366-03-0S. 7750 2 1 following the first Tuesday, the Thursday following the second Tuesday, 2 the Saturday following the second Tuesday in such month, the last Sunday 3 in September in the Davis Park fire department, the second Tuesday in 4 December in the Caton fire district, [or] the third Sunday in September 5 in the Fair Harbor fire department, or on the date of the company's 6 regularly scheduled monthly meeting in the month of October in the 7 Brighton fire company number five as specified in the fire department 8 resolution, instead of April as provided in subdivision eleven-a of this 9 section. Each nominee shall be a member of the fire department. In addi- 10 tion, the board of fire commissioners may by resolution require that any 11 or all of such fire department officers shall be residents of the fire 12 district. All nominations shall be made by ballot. The person acting as 13 secretary of such meeting shall promptly notify the fire district secre- 14 tary in writing of such nominations. The board of fire commissioners at 15 its organization meeting in the month of January next succeeding the 16 making of such nominations, or at the company's regularly scheduled 17 monthly meeting in the month of November next succeeding the making of 18 such nominations in the Brighton fire company number five, shall consid- 19 er the same and shall appoint such persons to the offices to which they 20 have been respectively nominated or, if a nomination is not approved the 21 board of fire commissioners shall call another meeting of the members of 22 the fire department at which a new nomination shall be made to take the 23 place of any nomination not approved, which procedure shall continue 24 until a full set of officers is approved. Any such person shall assume 25 the duties of his office as soon as he has been appointed thereto by the 26 board of fire commissioners and shall serve until his successor is 27 appointed. A person who has been convicted of arson in any degree shall 28 not be eligible for nomination, election or appointment to the office of 29 fire department chief or assistant chief. Any fire department chief or 30 assistant chief who is convicted of arson in any degree during his term 31 of office shall be disqualified from completing such term of office. 32 If the date of meetings for the nomination of chief and assistant 33 chiefs is changed from April to September or December pursuant to the 34 foregoing provisions of this subdivision, the members of the fire 35 department at a regular or special meeting of the department held after 36 the month of April but prior to the month of November in any year may 37 adopt a resolution recommending that future meetings for the nomination 38 for such officers shall be held in April pursuant to the provisions of 39 subdivision eleven-a of this section. The call for such meeting shall 40 specify that such a resolution will be offered to be voted upon at such 41 meeting. If such a resolution is adopted, the board of fire commission- 42 ers may adopt a rule or regulation providing that future meetings for 43 the nomination of chief and assistant chiefs shall be held in April 44 pursuant to the provisions of subdivision eleven-a of this section and 45 that the provisions of such subdivision eleven-a shall again become 46 applicable. 47 § 2. This act shall take effect immediately.
