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S07046 Summary:

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S07046 Floor Votes:

S07046 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7046
 
                    IN SENATE
 
                                     April 21, 2014
                                       ___________
 
        Introduced  by  Sen.  O'MARA -- 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 Caton 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 169 of the laws of 1986, 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.  The notice or call for such meeting shall specify
    17  that such a resolution will be offered to be voted upon at such meeting.
    18  If such resolution is adopted, the board of fire commissioners may adopt
    19  a rule or regulation providing that future meetings for  the  nomination
    20  of  chief  and assistant chiefs shall be held in December, either on the
    21  first Thursday, the first Saturday, the  Thursday  following  the  first
    22  Tuesday,  the Saturday following the first Tuesday, the Thursday follow-
    23  ing the second Tuesday, [or] the Saturday following the  second  Tuesday
    24  in  such month [or], the last Sunday in September in the Davis Park fire

    25  department, or  the  second  Tuesday  in  December  in  the  Caton  fire
    26  district,  as  specified  in  the fire department resolution, instead of
    27  April as provided in subdivision eleven-a of this section. Each  nominee
    28  shall  be a member of the fire department and a resident of the state of
    29  New York.  In addition, the board of fire commissioners  may  by  resol-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14003-01-4
        S. 7046                             2
 
     1  ution  require that any or all of such fire department officers shall be
     2  residents of the fire district. All nominations shall be made by ballot.

     3  The person acting as secretary of such meeting shall promptly notify the
     4  fire  district  secretary  in  writing of such nominations. The board of
     5  fire commissioners at its organization meeting in the month  of  January
     6  next  succeeding  the making of such nominations shall consider the same
     7  and shall appoint such persons to the offices to which  they  have  been
     8  respectively  nominated or, if a nomination is not approved the board of
     9  fire commissioners shall call another meeting of the members of the fire
    10  department at which a new nomination shall be made to take the place  of
    11  any nomination not approved, which procedure shall continue until a full
    12  set  of officers is approved. Any such person shall assume the duties of
    13  his office as soon as he has been appointed thereto by the board of fire
    14  commissioners and shall serve until his successor is appointed. A person

    15  who has been convicted of arson in any degree shall not be eligible  for
    16  nomination,  election  or  appointment  to the office of fire department
    17  chief or assistant chief. Any fire department chief or  assistant  chief
    18  who  is convicted of arson in any degree during his term of office shall
    19  be disqualified from completing such term of office.
    20    If the date of meetings for the  nomination  of  chief  and  assistant
    21  chiefs  is  changed  from April to September or December pursuant to the
    22  foregoing provisions of  this  subdivision,  the  members  of  the  fire
    23  department  at a regular or special meeting of the department held after
    24  the month of April but prior to the month of November in  any  year  may
    25  adopt  a resolution recommending that future meetings for the nomination
    26  for such officers shall be held in April pursuant to the  provisions  of

    27  subdivision  eleven-a  of  this section. The call for such meeting shall
    28  specify that such a resolution will be offered to be voted upon at  such
    29  meeting.  If such a resolution is adopted, the board of fire commission-
    30  ers may adopt a rule or regulation providing that  future  meetings  for
    31  the  nomination  of  chief  and  assistant chiefs shall be held in April
    32  pursuant to the provisions of subdivision eleven-a of this  section  and
    33  that  the  provisions  of  such  subdivision eleven-a shall again become
    34  applicable.
    35    § 2. This act shall take effect immediately.