Bill Text: NY A07904 | 2021-2022 | General Assembly | Introduced
Bill Title: Permits the Cherry Grove fire district to hold meetings for nomination of the chief and assistant chiefs on the third Saturday in September.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-06-09 - substituted by s6459 [A07904 Detail]
Download: New_York-2021-A07904-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7904 2021-2022 Regular Sessions IN ASSEMBLY May 28, 2021 ___________ Introduced by M. of A. GANDOLFO -- read once and referred to the Commit- tee on Local Governments AN ACT to amend the town law, in relation to the nomination of chief and assistant chiefs in the Cherry Grove 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 208 of the laws of 2019, 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; the Caton fire district may adopt a resolution to hold future meet- 15 ings, for nominations of chief and assistant chiefs, on the second Tues- 16 day in December; the Cherry Grove fire department may adopt a resolution 17 to hold future meetings, for nomination of the chief and assistant 18 chiefs, on the third Saturday in September; and the Fair Harbor fire 19 department may adopt a resolution to hold future meetings, for nomi- 20 nation of the chief and assistant chiefs, on the third Sunday in Septem- 21 ber. The notice or call for such meeting shall specify that such a 22 resolution will be offered to be voted upon at such meeting. If such 23 resolution is adopted, the board of fire commissioners may adopt a rule 24 or regulation providing that future meetings for the nomination of chief 25 and assistant chiefs shall be held in December, either on the first EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11144-01-1A. 7904 2 1 Thursday, the first Saturday, the Thursday following the first Tuesday, 2 the Saturday following the first Tuesday, the Thursday following the 3 second Tuesday, the Saturday following the second Tuesday in such month, 4 the last Sunday in September in the Davis Park fire department, the 5 second Tuesday in December in the Caton fire district, the third Satur- 6 day in September in the Cherry Grove fire department, or the third 7 Sunday in September in the Fair Harbor fire department, as specified in 8 the fire department resolution, instead of April as provided in subdivi- 9 sion eleven-a of this section. Each nominee shall be a member of the 10 fire department. In addition, the board of fire commissioners may by 11 resolution require that any or all of such fire department officers 12 shall be residents of the fire district. All nominations shall be made 13 by ballot. The person acting as secretary of such meeting shall promptly 14 notify the fire district secretary in writing of such nominations. The 15 board of fire commissioners at its organization meeting in the month of 16 January next succeeding the making of such nominations shall consider 17 the same and shall appoint such persons to the offices to which they 18 have been respectively nominated or, if a nomination is not approved the 19 board of fire commissioners shall call another meeting of the members of 20 the fire department at which a new nomination shall be made to take the 21 place of any nomination not approved, which procedure shall continue 22 until a full set of officers is approved. Any such person shall assume 23 the duties of his office as soon as he has been appointed thereto by the 24 board of fire commissioners and shall serve until his successor is 25 appointed. A person who has been convicted of arson in any degree shall 26 not be eligible for nomination, election or appointment to the office of 27 fire department chief or assistant chief. Any fire department chief or 28 assistant chief who is convicted of arson in any degree during his term 29 of office shall be disqualified from completing such term of office. 30 If the date of meetings for the nomination of chief and assistant 31 chiefs is changed from April to September or December pursuant to the 32 foregoing provisions of this subdivision, the members of the fire 33 department at a regular or special meeting of the department held after 34 the month of April but prior to the month of November in any year may 35 adopt a resolution recommending that future meetings for the nomination 36 for such officers shall be held in April pursuant to the provisions of 37 subdivision eleven-a of this section. The call for such meeting shall 38 specify that such a resolution will be offered to be voted upon at such 39 meeting. If such a resolution is adopted, the board of fire commission- 40 ers may adopt a rule or regulation providing that future meetings for 41 the nomination of chief and assistant chiefs shall be held in April 42 pursuant to the provisions of subdivision eleven-a of this section and 43 that the provisions of such subdivision eleven-a shall again become 44 applicable. 45 § 2. This act shall take effect immediately.
