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S04944 Summary:

S04944 Actions:

S04944 Committee Votes:

S04944 Floor Votes:

S04944 Text:

 
                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.
                                                                   LBD10676-03-9
        S. 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.