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S04336 Summary:

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S04336 Committee Votes:

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S04336 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4336--A
            Cal. No. 832
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     March 16, 2015
                                       ___________
 
        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN  ACT  to amend the village law, in relation to allowing the municipal
          volunteer fire department of the village of Fishkill to hold its annu-
          al meeting and election of company and chief officers in  December  of
          each year
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 10-1010 of the village law, as amended  by  chapter
     2  719 of the laws of 1985, is amended to read as follows:
     3    §  10-1010  Election  of  company officers and delegates.  Each of the
     4  several companies whose members constitute the fire  department  of  the
     5  village  shall  hold  an annual meeting on the first Tuesday in April in
     6  each year, except those fire companies constituting the fire  department
     7  of the village of Fishkill, Dutchess county, which shall hold such annu-
     8  al meetings on the first Tuesday in December of each year. At such meet-
     9  ing  the  members  of  each company shall elect by ballot from their own
    10  number a captain and a lieutenant, and such further officers if  any  as
    11  may  be provided for in the by-laws of the company, who must be approved
    12  by the board of fire commissioners, one warden and one delegate  to  the
    13  general  convention  of  the fire department. The terms of office of the
    14  captain and lieutenant and such further officers if any, as are  elected
    15  as  herein  provided,  shall be one year, the wardens two years, and the
    16  delegates three years, respectively, and any vacancies occurring in  any
    17  such  offices  shall  be filled by election in like manner. At the first
    18  annual meeting after this act takes effect two wardens and three  deleg-
    19  ates  shall  be  elected,  the  wardens  to serve for one and two years,
    20  respectively, and the delegates for one, two and  three  years,  respec-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00778-07-5
        S. 4336--A                          2
 
     1  tively.  Any  person who has been convicted of arson in any degree shall
     2  not be eligible for election to the office of captain, lieutenant, ward-
     3  en, delegate and any other offices provided for in the  by-laws  of  the
     4  company.  Any  captain, lieutenant, warden, delegate or other officer of
     5  the company who is convicted of arson in any degree during his  term  of
     6  office shall be disqualified from completing such term of office.
     7    §  2.  Section 10-1012 of the village law, as amended by chapter 88 of
     8  the laws of 1980, the opening paragraph as amended by chapter 719 of the
     9  laws of 1985, and the second undesignated paragraph as amended by  chap-
    10  ter 433 of the laws of 1991, is amended to read as follows:
    11    §  10-1012  Chief and assistant chiefs. 1. The chief and the first and
    12  second assistant chiefs and such additional assistant chiefs, if any, as
    13  may be provided for in the by-laws of the fire department shall each  be
    14  a  member  thereof and a resident of the state of New York. In addition,
    15  the board of trustees, or the board of fire commissioners subject to the
    16  approval of the board of trustees, may, by resolution, require that  any
    17  or  all  of  such  fire  department  officers  shall be residents of the
    18  village. The delegates elected to the general  convention  of  the  fire
    19  department  shall  meet  at  the  council  room  thereof on the Thursday
    20  following the first Tuesday in April, except the  elected  delegates  of
    21  the  fire  department of the village of Fishkill, Dutchess county, which
    22  shall meet on the first Tuesday in December, and nominate a  person  for
    23  each  of  such  offices;  but  the fire commissioners of any village may
    24  adopt a rule requiring all such nominations to be made on [that day] the
    25  day of the meeting by a vote  of  the  duly  qualified  members  of  the
    26  department,  in  which  case  the  meeting  of  the delegates in general
    27  convention, as provided for in this section, shall  be  dispensed  with.
    28  The  person  acting as secretary of such convention shall forthwith file
    29  in the office of the village clerk a certificate  of  such  nominations.
    30  The  board  of fire commissioners at its next meeting shall consider the
    31  nominations and appoint such persons to the offices to  which  they  are
    32  respectively  nominated  or,  if  a nomination is not approved the board
    33  shall reconvene the general convention, which shall submit a  new  nomi-
    34  nation to take the place of any nomination not approved, which procedure
    35  shall  continue  until  a full set of officers is approved. A person who
    36  has been convicted of arson in any degree  shall  not  be  eligible  for
    37  nomination,  election or appointment to the office of chief or assistant
    38  chief. Any fire chief or assistant chief who is convicted  of  arson  in
    39  any degree during his term of office shall be disqualified from complet-
    40  ing such term of office.
    41    2. Notwithstanding the provisions of any general, special or local law
    42  inconsistent  herewith  any  such  chief or assistant chief of a village
    43  fire department need not be a resident of the village in order to  serve
    44  as  a member of the council of the fire department of the village pursu-
    45  ant to section 10-1014 of this article unless the board of trustees,  or
    46  the  board of fire commissioners subject to the approval of the board of
    47  trustees, has, by resolution, as provided in this section, required that
    48  any or all of such fire department officers shall be  residents  of  the
    49  village.    Except  as  otherwise  provided pursuant to this [paragraph]
    50  subdivision, a person shall not hold the  office  of  village  mayor  or
    51  village  trustee and the office of chief or assistant chief of a village
    52  fire department at the same time. A village trustee who does not, either
    53  as an individual or as a member of  a  board,  appoint  or  approve  the
    54  appointment  of  the  chief or assistant chief of a village fire depart-
    55  ment, may hold the office of chief or assistant chief at the same  time.
    56  Notwithstanding  any  inconsistent provision of law, a person who is the
        S. 4336--A                          3
 
     1  chief or an assistant chief of a  village  fire  department,  if  he  is
     2  otherwise  qualified,  may  be elected to the office of village mayor or
     3  village trustee or may be appointed to the office of  village  mayor  or
     4  village trustee to fill a vacancy and, if he is so elected or appointed,
     5  his office as chief or assistant chief, as the case may be, shall become
     6  vacant  upon  his  taking his oath of office as village mayor or village
     7  trustee.
     8    § 3. Section 10-1014 of the village law, as amended by chapter 894  of
     9  the laws of 1972, is amended to read as follows:
    10    § 10-1014  Council  of fire department. In a village in which separate
    11  fire commissioners are not appointed, the chief, the assistant, and  the
    12  wardens  of  the  several  companies  constitute the council of the fire
    13  department. The council shall meet on the third Tuesday in April in each
    14  year, except for the council of the fire department of  the  village  of
    15  Fishkill,  Dutchess  county,  which  shall  meet on the first Tuesday of
    16  December, and choose from its own number a secretary, a treasurer and  a
    17  collector  of  the  fire  department,  who  shall  hold their respective
    18  offices for one year unless sooner removed by the council. A vacancy  in
    19  the  office  of secretary, treasurer or collector shall be filled by the
    20  council at its next meeting for the balance of the unexpired term.  Such
    21  council  shall have all the powers and be subject to all the liabilities
    22  and perform all the duties of a separate board of fire commissioners, as
    23  prescribed in section 10-1000 of this article, except subdivisions  two,
    24  three,  four and eight and the fixing of compensation under subdivisions
    25  five and seven of such section, and as to the provisions of such  subdi-
    26  visions  such  council  shall only recommend to the board of trustees of
    27  the village. A majority of the members  of  such  council  constitute  a
    28  quorum,  and may make and prescribe by-laws for the proper management of
    29  the affairs and the disposition of the funds of the fire department, may
    30  call meetings of the members, and designate one or  more  days  in  each
    31  year for public exercise, inspection and review.
    32    § 4. This act shall take effect immediately.