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A09405 Summary:

A09405 Actions:

A09405 Floor Votes:

A09405 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9405
 
SPONSOR: Buchwald

 
TITLE OF BILL:
 
An act to amend the town law, in relation to powers and duties of fire
district commissioners
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To allow all members of a fire department to be eligible to be nominated
for the offices of chief or assistant chief.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
This bill amends the Town Law to allow members of fire departments that
hold their meetings in December to be eligible for nomination for the
offices of chief or assistant chief regardless of whether or not they
are residents of New York State.
 
 
JUSTIFICATION:
 
Fire departments that cover areas around the borders of New York State
sometimes have members that are not residents of New York State. Town
Law already permits non-residents to be eligible for nomination to the
offices of chief or assistant chief in fire departments that hold their
annual meeting in April. This bill simply does the same for fire depart-
ments that hold their annual meeting in December.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None to the State.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A09405 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9405
 
                   IN ASSEMBLY
 
                                      March 1, 2016
                                       ___________
 
        Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
          tee on Local Governments
 
        AN  ACT  to amend the town law, in relation to powers and duties of fire
          district commissioners
 
          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 313 of the laws of 2014, 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, the Saturday following  the  second  Tuesday  in
    24  such  month, the last Sunday in September in the Davis Park fire depart-
    25  ment, or the second Tuesday in December in the Caton fire  district,  as
    26  specified  in  the  fire  department  resolution,  instead  of  April as
    27  provided in subdivision eleven-a of this section. Each nominee shall  be
    28  a  member  of  the  fire  department [and a resident of the state of New

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14463-01-6
        A. 9405                             2

     1  York]. In addition, the board of fire commissioners  may  by  resolution
     2  require  that any or all of such fire department officers shall be resi-
     3  dents of the fire district. All nominations shall  be  made  by  ballot.
     4  The person acting as secretary of such meeting shall promptly notify the
     5  fire  district  secretary  in  writing of such nominations. The board of
     6  fire commissioners at its organization meeting in the month  of  January
     7  next  succeeding  the making of such nominations shall consider the same
     8  and shall appoint such persons to the offices to which  they  have  been
     9  respectively  nominated or, if a nomination is not approved the board of
    10  fire commissioners shall call another meeting of the members of the fire
    11  department at which a new nomination shall be made to take the place  of
    12  any nomination not approved, which procedure shall continue until a full
    13  set  of officers is approved. Any such person shall assume the duties of
    14  his office as soon as he has been appointed thereto by the board of fire
    15  commissioners and shall serve until his successor is appointed. A person
    16  who has been convicted of arson in any degree shall not be eligible  for
    17  nomination,  election  or  appointment  to the office of fire department
    18  chief or assistant chief. Any fire department chief or  assistant  chief
    19  who  is convicted of arson in any degree during his term of office shall
    20  be disqualified from completing such term of office.
    21    If the date of meetings for the  nomination  of  chief  and  assistant
    22  chiefs  is  changed  from April to September or December pursuant to the
    23  foregoing provisions of  this  subdivision,  the  members  of  the  fire
    24  department  at a regular or special meeting of the department held after
    25  the month of April but prior to the month of November in  any  year  may
    26  adopt  a resolution recommending that future meetings for the nomination
    27  for such officers shall be held in April pursuant to the  provisions  of
    28  subdivision  eleven-a  of  this section. The call for such meeting shall
    29  specify that such a resolution will be offered to be voted upon at  such
    30  meeting.  If such a resolution is adopted, the board of fire commission-
    31  ers may adopt a rule or regulation providing that  future  meetings  for
    32  the  nomination  of  chief  and  assistant chiefs shall be held in April
    33  pursuant to the provisions of subdivision eleven-a of this  section  and
    34  that  the  provisions  of  such  subdivision eleven-a shall again become
    35  applicable.
    36    § 2. This act shall take effect immediately.