Bill Text: NY S07046 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the Caton fire district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-08-11 - SIGNED CHAP.313 [S07046 Detail]
Download: New_York-2013-S07046-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7046
I N S E N A T E
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 S 2. This act shall take effect immediately.
