Bill Text: NY A09359 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the Caton fire district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-06-18 - substituted by s7046 [A09359 Detail]
Download: New_York-2013-A09359-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9359 I N A S S E M B L Y April 22, 2014 ___________ Introduced by M. of A. PALMESANO -- read once and referred to the Committee on Local Governments 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 A. 9359 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 S 2. This act shall take effect immediately.