Bill Text: NY A04367 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that the election of chief and assistant chief by a fire department may be on the same day as the day of election of the fire department's election of administration officers.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2024-01-03 - referred to local governments [A04367 Detail]

Download: New_York-2023-A04367-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4367

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by  M. of A. PALMESANO, BLANKENBUSH, BRABENEC, MILLER, MORI-
          NELLO, REILLY, TAGUE  --  Multi-Sponsored  by  --  M.  of  A.  BYRNES,
          J. M. GIGLIO,  McDONOUGH -- read once and referred to the Committee on
          Local Governments

        AN ACT to amend the town law, in relation to the election of fire chiefs
          and assistant fire chiefs

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 11-a of section 176 of the town law, as amended
     2  by chapter 351 of the laws of 2000, is amended to read as follows:
     3    11-a.  The  members  of the fire department of the fire district shall
     4  meet at a time and place designated by the board of  fire  commissioners
     5  on  the  Thursday  following the first Tuesday in April of each year and
     6  nominate persons for the offices of chief and such assistant  chiefs  as
     7  may be provided for in the rules and regulations adopted by the board of
     8  fire  commissioners;  provided,  however, that the board of fire commis-
     9  sioners may by resolution, adopt a policy allowing  fire  districts  the
    10  option  to  set the day of election of chief and assistant chiefs on the
    11  same day as the fire department's election of  administration  officers.
    12  [If  the  Thursday following the first Tuesday in April falls upon a day
    13  of special religious observance, the board  of  fire  commissioners  may
    14  designate any other weekday in April after such Thursday as the day upon
    15  which  to hold such meeting.] Each nominee shall be a member of the fire
    16  department. In addition, the board of fire commissioners may  by  resol-
    17  ution  require that any or all of such fire department officers shall be
    18  residents of the fire district. All nominations shall be made by ballot.
    19  The person acting as secretary of such meeting shall promptly notify the
    20  fire district secretary in writing of such  nominations.  The  board  of
    21  fire  commissioners  at  its  meeting next succeeding the making of such
    22  nominations shall consider the same and shall appoint  such  persons  to
    23  the  offices  to  which  they  have been respectively nominated or, if a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08406-01-3
        A. 4367                             2

     1  nomination is not approved the board of fire  commissioners  shall  call
     2  another  meeting  of  the  members of the fire department at which a new
     3  nomination shall be made  to  take  the  place  of  any  nomination  not
     4  approved, which procedure shall continue until a full set of officers is
     5  approved.  Any such person shall assume the duties of his office as soon
     6  as he has been appointed thereto by the board of fire commissioners  and
     7  shall  serve  until  his  successor  is appointed. A person who has been
     8  convicted of arson in any degree shall not be eligible  for  nomination,
     9  election  or  appointment  to  the  office  of  fire department chief or
    10  assistant chief. Any fire department chief or  assistant  chief  who  is
    11  convicted  of  arson  in  any  degree during his term of office shall be
    12  disqualified from completing such term of office.
    13    § 2. This act shall take effect immediately.