Bill Text: NY S00271 | 2009-2010 | General Assembly | Introduced
Bill Title: Authorizes the town board of any town, which does not have a fire district, to establish and operate a town fire department.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S00271 Detail]
Download: New_York-2009-S00271-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
271
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. LITTLE -- 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 authorizing a town to
establish and operate a town fire department
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The town law is amended by adding a new article 10-A to
2 read as follows:
3 ARTICLE 10-A
4 FIRE DEPARTMENT
5 SECTION 160. ESTABLISHMENT OF TOWN FIRE DEPARTMENT.
6 161. POWERS OF TOWN BOARD.
7 162. RULES AND REGULATIONS.
8 163. ORGANIZATION OF COMPANIES.
9 164. VOLUNTEER MEMBERS OF TOWN FIRE COMPANIES.
10 165. INCORPORATION OF FIRE DEPARTMENT.
11 166. ELECTION OF COMPANY OFFICERS AND DELEGATES.
12 167. CHIEF AND ASSISTANT CHIEFS.
13 S 160. ESTABLISHMENT OF TOWN FIRE DEPARTMENT. NOTWITHSTANDING THE
14 PROVISIONS OF ARTICLE ELEVEN OF THIS CHAPTER OR ANY OTHER PROVISION OF
15 LAW TO THE CONTRARY, THE TOWN BOARD OF ANY TOWN, WHICH DOES NOT HAVE A
16 FIRE DISTRICT, MAY ESTABLISH AND OPERATE A TOWN FIRE DEPARTMENT.
17 S 161. POWERS OF TOWN BOARD. THE TOWN BOARD OF A TOWN:
18 1. HAS THE CARE, CUSTODY AND CONTROL OF ALL TOWN PROPERTY OF THE FIRE
19 DEPARTMENT.
20 2. MAY PURCHASE SUCH EQUIPMENT AS IS SUITABLE AND NECESSARY TO PREVENT
21 AND EXTINGUISH FIRES WITHIN THE TOWN, OR FOR THE PURPOSES OF ANY EMER-
22 GENCY AND FIRST AID SQUAD ORGANIZED WITHIN THE FIRE DEPARTMENT, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00455-01-9
S. 271 2
1 UNIFORMS FOR ALL ACTIVE MEMBERS OF THE FIRE DEPARTMENT AND KEEP THE SAME
2 IN GOOD CONDITION AND REPAIR.
3 3. MAY ERECT AND MAINTAIN SUITABLE AND NECESSARY BUILDINGS FOR THE
4 FIRE DEPARTMENT.
5 4. MAY CONSTRUCT AND MAINTAIN RESERVOIRS AND CISTERNS AND SUPPLY THEM
6 WITH WATER FOR USE AT FIRES.
7 5. MAY ADOPT RULES FOR THE ADMISSION, SUSPENSION, REMOVAL AND DISCI-
8 PLINE OF THE MEMBERS, OFFICERS AND EMPLOYEES OF THE FIRE DEPARTMENT, MAY
9 PRESCRIBE THEIR POWERS AND DUTIES, AND FIX THEIR COMPENSATION NOT INCON-
10 SISTENT WITH THIS ARTICLE.
11 6. MAY ADOPT RULES AND REGULATIONS GOVERNING FIRE COMPANIES AND FIRE
12 DEPARTMENTS, PRESCRIBING THE DUTIES OF THE MEMBERS THEREOF, AND MAY
13 ENFORCE DISCIPLINE AND PROVIDE FOR PUBLIC DRILLS, PARADES, FUNERALS,
14 INSPECTIONS AND REVIEWS OF THE TOWN FIRE DEPARTMENT, OR ANY COMPANY OR
15 UNIT THEREOF, WITHIN THE TOWN OR AT OTHER PLACES WITHIN THE STATE, ANY
16 ADJOINING STATE OR IN CANADA. SUCH RULES AND REGULATIONS SHALL NOT
17 AUTHORIZE ANY MEMBER OF THE TOWN BOARD TO INTERFERE WITH THE DUTIES OF
18 THE FIRE CHIEF OR THE ASSISTANT FIRE CHIEF AT SUCH TIMES AS THE FIRE
19 DEPARTMENT OR ANY COMPANY OR SQUAD THEREOF IS ON DUTY.
20 7. MAY APPOINT PERSONS OTHER THAN MEMBERS OR OFFICERS OF THE DEPART-
21 MENT TO TAKE CHARGE OF TOWN PROPERTY, AND MAY FIX THEIR COMPENSATION.
22 8. MAY EMPLOY DUTY OR "CALL MEN", TO SERVE ON A PART-TIME BASIS WHEN
23 NECESSARY, AND FIX THEIR DUTIES AND COMPENSATION. SUCH PART-TIME PAID
24 FIREFIGHTER IN THE EVENT OF INJURY SHALL BE ENTITLED TO THE APPLICABLE
25 BENEFITS PROVIDED FOR SUCH PART-TIME PAID FIREFIGHTER UNDER SECTION TWO
26 HUNDRED SEVEN-A OF THE GENERAL MUNICIPAL LAW AND IN THE EVENT OF INJURY
27 OR DEATH SHALL BE ENTITLED TO THE APPLICABLE BENEFITS, IF ANY, PROVIDED
28 FOR SUCH PART-TIME PAID FIREFIGHTER UNDER THE RETIREMENT AND SOCIAL
29 SECURITY LAW AND THE WORKERS' COMPENSATION LAW. PERSONS WHO ARE VOLUN-
30 TEER MEMBERS OF THE TOWN FIRE DEPARTMENT MAY BE EMPLOYED AS SUCH
31 PART-TIME PAID FIREFIGHTER, BUT IN THE EVENT OF INJURY, DEATH, DISEASE
32 OR INFECTION, RESULTING FROM SERVICES PERFORMED IN LINE OF DUTY AS SUCH
33 PART-TIME PAID FIREFIGHTER THEY SHALL NOT BE ENTITLED TO ANY OF THE
34 BENEFITS PROVIDED FOR VOLUNTEER FIREFIGHTERS UNDER THE VOLUNTEER FIRE-
35 FIGHTERS' BENEFIT LAW, OR UNDER ANY POLICY OF BLANKET ACCIDENT INSURANCE
36 PURCHASED BY THE TOWN OR PURCHASED BY THE FIRE DEPARTMENT TO COVER ONLY
37 VOLUNTEER MEMBERS OF SUCH DEPARTMENT.
38 9. MAY INQUIRE INTO THE CAUSE AND ORIGIN OF FIRES OCCURRING IN THE
39 TOWN AND MAY TAKE TESTIMONY IN RELATION THERETO.
40 10. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, A
41 TOWN MAY INCLUDE AS PART OF ITS BUDGET AN APPROPRIATION TO FUND AN ANNU-
42 AL FIREFIGHTERS' INSPECTION-DINNER FOR EACH FIRE COMPANY WITHIN THE
43 TOWN.
44 S 162. RULES AND REGULATIONS. THE TOWN BOARD MAY ADOPT RULES AND REGU-
45 LATIONS FOR THE FOLLOWING PURPOSES:
46 1. TO PROTECT AND PRESERVE THE TOWN PROPERTY AND APPARATUS OF THE FIRE
47 DEPARTMENT.
48 2. TO PREVENT DANGER FROM FIRES AND TO PROTECT PROPERTY EXPOSED TO
49 DESTRUCTION OR INJURY BY FIRE.
50 3. TO PROVIDE FOR PULLING DOWN, BLOWING UP AND THE REMOVAL OF BUILD-
51 INGS AND PROPERTY TO ARREST THE PROGRESS OF FIRES OR EXTINGUISH THE
52 SAME.
53 4. TO PROVIDE FOR THE INSTALLATION OF YARD HYDRANT SYSTEMS CONNECTED
54 WITH THE PUBLIC WATER SUPPLY SYSTEM IN ACCESSIBLE LOCATIONS ON PRIVATE
55 PROPERTY FOR THE PROTECTION OF MULTIPLE RESIDENCES ENUMERATED IN THE
S. 271 3
1 MULTIPLE RESIDENCE LAW WHERE THE POSSIBILITY OF A SERIOUS FIRE HAZARD IS
2 DETERMINED BY THE BOARD TO EXIST.
3 S 163. ORGANIZATION OF COMPANIES. THE TOWN BOARD MAY ORGANIZE AND
4 MAINTAIN FIRE, HOSE, PROTECTIVE AND HOOK AND LADDER COMPANIES, WHENEVER
5 IN ITS JUDGMENT THE PUBLIC INTERESTS REQUIRE. THE TOWN BOARD MAY, BY
6 RESOLUTION, CONSENT TO THE INCORPORATION OF ANY OF THE COMPANIES SO
7 ORGANIZED BY THEM, OR MAY, BY LIKE APPROVAL, CONSENT TO THE INCORPO-
8 RATION OR THE ORGANIZATION WITHOUT INCORPORATION OF AS MANY COMPANIES
9 VOLUNTARILY ORGANIZED IN SUCH TOWN AS MAY BE DEEMED NECESSARY.
10 S 164. VOLUNTEER MEMBERS OF TOWN FIRE COMPANIES. 1. THE VOLUNTEER
11 MEMBERS OF A FIRE COMPANY SHALL BE ELECTED AND APPOINTED AS PROVIDED IN
12 THIS SECTION.
13 2. THE TOWN BOARD SHALL APPOINT RESIDENTS OF THE TOWN AS THE VOLUNTEER
14 MEMBERS OF ANY NEWLY ORGANIZED FIRE COMPANY. THEREAFTER, THE FIRE
15 COMPANY MAY ELECT OTHER ELIGIBLE PERSONS, INCLUDING TOWN OFFICERS, AS
16 VOLUNTEER MEMBERS. THE ELECTION SHALL BE PURSUANT TO THE BY-LAWS, IF
17 ANY, OF THE FIRE COMPANY; OTHERWISE, BY A THREE-FOURTHS VOTE OF THE
18 MEMBERS OF THE FIRE COMPANY PRESENT AND VOTING AT A REGULAR OR SPECIAL
19 MEETING THEREOF. THE MEMBERSHIP OF ANY PERSON SO ELECTED SHALL BECOME
20 EFFECTIVE WHEN APPROVED BY RESOLUTION OF THE TOWN BOARD. MEMBERSHIP
21 SHALL BE DEEMED TO HAVE BEEN APPROVED PURSUANT TO THIS SUBDIVISION IN
22 THE EVENT THAT NO ACTION IS TAKEN BY THE TOWN BOARD, EITHER APPROVING OR
23 DISAPPROVING, WITHIN FORTY DAYS AFTER SERVICE OF WRITTEN NOTICE OF
24 ELECTION TO MEMBERSHIP SHALL HAVE BEEN MADE BY THE SECRETARY OF THE FIRE
25 COMPANY UPON THE TOWN CLERK, EITHER PERSONALLY OR BY MAIL.
26 3. ANY PERSON ELECTED TO MEMBERSHIP AS A VOLUNTEER MEMBER AS A FIRE
27 COMPANY SHALL BE A RESIDENT OF THE TOWN, EXCEPT AS OTHERWISE PROVIDED IN
28 SUBDIVISION SIX OF THIS SECTION.
29 4. THE MEMBERSHIP OF A VOLUNTEER MEMBER OF A FIRE COMPANY SHALL TERMI-
30 NATE WHEN HE OR SHE CEASES TO BE A RESIDENT OF THE TOWN, EXCEPT AS
31 OTHERWISE PROVIDED IN SUBDIVISION FIVE OF THIS SECTION.
32 5. ANY FIRE COMPANY MAY AUTHORIZE THE CONTINUED MEMBERSHIP OF ANY
33 VOLUNTEER MEMBER WHERE SUCH MEMBER NOTIFIES THE SECRETARY OF HIS OR HER
34 FIRE COMPANY (A) THAT HE OR SHE PLANS TO CHANGE HIS OR HER RESIDENCE TO
35 TERRITORY WHICH IS NOT IN THE TOWN, OR ANY FIRE COMPANY THEREOF, PURSU-
36 ANT TO A CONTRACT FOR FIRE PROTECTION, AND (B) THAT BY REASON OF HIS OR
37 HER RESIDENCE IN THE VICINITY OR HIS OR HER USUAL OCCUPATION HE OR SHE
38 WILL BE AVAILABLE TO RENDER ACTIVE SERVICE AS A VOLUNTEER FIREFIGHTER IN
39 THE TOWN. SUCH AUTHORIZATION SHALL BE PURSUANT TO THE BY-LAWS, IF ANY,
40 OF THE FIRE COMPANY OF WHICH HE OR SHE IS A MEMBER, OTHERWISE BY A
41 THREE-FOURTHS VOTE OF THE MEMBERS OF SUCH FIRE COMPANY PRESENT AND
42 VOTING AT A REGULAR OR SPECIAL MEETING THEREOF. SUCH AUTHORIZATION SHALL
43 NOT BECOME EFFECTIVE UNLESS APPROVED BY RESOLUTION OF THE TOWN BOARD.
44 SUCH AUTHORIZATION SHALL BE DEEMED TO HAVE BEEN APPROVED PURSUANT TO
45 THIS SUBDIVISION IN THE EVENT THAT NO ACTION IS TAKEN BY THE TOWN BOARD,
46 EITHER APPROVING OR DISAPPROVING, WITHIN FORTY DAYS AFTER SERVICE OF
47 WRITTEN NOTICE OF SUCH AUTHORIZATION SHALL HAVE BEEN MADE BY THE SECRE-
48 TARY OF THE FIRE COMPANY UPON THE TOWN CLERK, EITHER PERSONALLY OR BY
49 MAIL. ANY MEMBERSHIP CONTINUED PURSUANT TO THE PROVISIONS OF THIS SUBDI-
50 VISION SHALL TERMINATE WHEN THE MEMBER CANNOT MEET EITHER THE REQUIRE-
51 MENTS OF THIS SUBDIVISION OR THE RESIDENCE REQUIREMENTS OF SUBDIVISION
52 THREE OF THIS SECTION. IN THE CASE OF A TOWN WHICH ADJOINS ANOTHER
53 STATE, THE TERM "VICINITY", AS USED IN THIS SUBDIVISION, INCLUDES TERRI-
54 TORY IN THIS STATE AND TERRITORY IN THE ADJOINING STATE.
55 6. A PERSON WHO CANNOT MEET THE RESIDENCE REQUIREMENTS OF SUBDIVISION
56 THREE OF THIS SECTION MAY BE ELECTED TO MEMBERSHIP AS A VOLUNTEER MEMBER
S. 271 4
1 OF ANY FIRE COMPANY OF THE FIRE DEPARTMENT IF BY REASON OF HIS OR HER
2 RESIDENCE IN THE VICINITY OR HIS OR HER USUAL OCCUPATION HE OR SHE WILL
3 BE AVAILABLE TO RENDER ACTIVE SERVICE AS A VOLUNTEER FIREFIGHTER IN THE
4 TOWN. SUCH ELECTION SHALL BE PURSUANT TO THE BY-LAWS, IF ANY, OF THE
5 FIRE COMPANY; OTHERWISE BY A THREE-FOURTHS VOTE OF THE MEMBERS OF THE
6 FIRE COMPANY PRESENT AND VOTING AT A REGULAR OR SPECIAL MEETING THEREOF.
7 THE MEMBERSHIP OF ANY PERSON SO ELECTED SHALL NOT BECOME EFFECTIVE
8 UNLESS APPROVED BY RESOLUTION OF THE TOWN BOARD. MEMBERSHIP SHALL BE
9 DEEMED TO HAVE BEEN APPROVED PURSUANT TO THIS SUBDIVISION IN THE EVENT
10 THAT NO ACTION IS TAKEN BY THE TOWN BOARD, EITHER APPROVING OR DISAP-
11 PROVING, WITHIN SEVENTY DAYS AFTER SERVICE OF WRITTEN NOTICE OF ELECTION
12 TO MEMBERSHIP SHALL HAVE BEEN MADE BY THE SECRETARY OF THE FIRE COMPANY
13 UPON THE TOWN CLERK, EITHER PERSONALLY OR BY MAIL. THE MEMBERSHIP OF ANY
14 VOLUNTEER MEMBER ELECTED PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION
15 SHALL TERMINATE WHEN THE MEMBER CANNOT MEET EITHER THE REQUIREMENTS OF
16 THIS SUBDIVISION OR THE RESIDENCE REQUIREMENTS OF SUBDIVISION THREE OF
17 THIS SECTION. IN THE CASE OF A TOWN WHICH ADJOINS ANOTHER STATE, THE
18 TERM "VICINITY", AS USED IN THIS SUBDIVISION, INCLUDES TERRITORY IN THIS
19 STATE AND TERRITORY IN THE ADJOINING STATE.
20 7. THE MEMBERSHIP OF ANY VOLUNTEER FIREFIGHTER SHALL NOT BE CONTINUED
21 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, AND PERSONS SHALL NOT BE
22 ELECTED TO MEMBERSHIP PURSUANT TO SUBDIVISION SIX OF THIS SECTION, IF,
23 BY SO DOING, THE PERCENTAGE OF SUCH NON-RESIDENT MEMBERS IN THE FIRE
24 COMPANY WOULD EXCEED FORTY-FIVE PER CENTUM OF THE ACTUAL MEMBERSHIP OF
25 THE FIRE COMPANY.
26 8. THE TOWN BOARD, BY RESOLUTION MAY RESTRICT THE MEMBERSHIP OF VOLUN-
27 TEER MEMBERS IN ANY OR ALL OF THE FIRE COMPANIES OF THE FIRE DEPARTMENT
28 TO RESIDENTS OF THE TOWN.
29 9. NON-RESIDENTS WHOSE VOLUNTEER MEMBERSHIPS HAVE BEEN CONTINUED OR
30 AUTHORIZED PURSUANT TO SUBDIVISION FIVE OR SIX OF THIS SECTION, SHALL
31 HAVE ALL THE POWERS, DUTIES, IMMUNITIES, AND PRIVILEGES OF RESIDENT
32 VOLUNTEER MEMBERS, EXCEPT (1) NON-RESIDENTS OF THE STATE MAY NOT BE
33 APPOINTED OR ELECTED TO ANY OFFICE IN THE FIRE COMPANY OR FIRE DEPART-
34 MENT, AND (2) A NON-RESIDENT OF THIS STATE WHOSE MEMBERSHIP HAS BEEN
35 CONTINUED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, OR A NON-RESI-
36 DENT OF THIS STATE WHO WAS ELECTED TO MEMBERSHIP PURSUANT TO SUBDIVISION
37 SIX OF THIS SECTION, SHALL NOT BE CONSIDERED TO BE PERFORMING ANY FIRE-
38 FIGHTER DUTY, OR TO BE ENGAGED IN ANY FIREFIGHTER ACTIVITY, AS A MEMBER
39 OF THE FIRE COMPANY WHILE HE OR SHE IS OUTSIDE OF THIS STATE UNLESS AND
40 UNTIL HE OR SHE HAS FIRST REPORTED TO THE OFFICER OR FIREFIGHTER IN
41 COMMAND OF HIS OR HER FIRE DEPARTMENT, OR ANY COMPANY, SQUAD OR OTHER
42 UNIT THEREOF, ENGAGED OR TO BE ENGAGED IN RENDERING SERVICE OUTSIDE THIS
43 STATE, OR HAS RECEIVED ORDERS OR AUTHORIZATION FROM AN OFFICER OF THE
44 FIRE DEPARTMENT OR FIRE COMPANY TO PARTICIPATE IN OR ATTEND AUTHORIZED
45 ACTIVITIES OUTSIDE OF THIS STATE IN THE SAME MANNER AS RESIDENT MEMBERS
46 OF THE FIRE COMPANY.
47 10. A PERSON SHALL NOT BE ELIGIBLE TO VOLUNTEER MEMBERSHIP IN MORE
48 THAN ONE FIRE COMPANY AT ONE TIME.
49 11. THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO AUTHORIZE
50 THE ELECTION OF ANY PERSON AS A MEMBER OF A FIRE COMPANY OR THE CONTIN-
51 UANCE OF MEMBERSHIP IN A FIRE COMPANY AS PROVIDED IN THIS SECTION IF
52 SUCH ELECTION OR CONTINUANCE OF MEMBERSHIP SHALL BE CONTRARY TO THE
53 BY-LAWS, RULES OR REGULATIONS OF THE FIRE COMPANY OR OF THE FIRE DEPART-
54 MENT OF THE TOWN.
55 12. A TOWN MAY NOT ADOPT A LOCAL LAW CHANGING, AMENDING OR SUPERSEDING
56 THIS SECTION.
S. 271 5
1 13. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY VOLUN-
2 TEER FIRE DEPARTMENT OR FIRE COMPANY, THROUGH ANY MEMBER OR MEMBERS
3 THEREOF, OFFICERS, TOWN BOARD OR OTHER BODY OR OFFICE HAVING POWER OF
4 APPOINTMENT OF VOLUNTEER FIREFIGHTERS IN ANY FIRE DEPARTMENT OR FIRE
5 COMPANY PURSUANT TO THIS SECTION, BECAUSE OF THE RACE, CREED, COLOR,
6 NATIONAL ORIGIN, SEX OR MARITAL STATUS OF ANY INDIVIDUAL, TO EXCLUDE OR
7 TO EXPEL FROM ITS VOLUNTEER MEMBERSHIP SUCH INDIVIDUAL, OR TO DISCRIMI-
8 NATE AGAINST ANY OF ITS MEMBERS BECAUSE OF THE RACE, CREED, COLOR,
9 NATIONAL ORIGIN, SEX OR MARITAL STATUS OF SUCH VOLUNTEER MEMBERS.
10 (B) ANY PERSON CLAIMING TO BE AGGRIEVED BY AN UNLAWFUL DISCRIMINATORY
11 PRACTICE PURSUANT TO THIS SECTION MAY BY HIMSELF OR HERSELF OR HIS OR
12 HER ATTORNEY AT LAW MAKE, SIGN AND FILE WITH THE STATE DIVISION OF HUMAN
13 RIGHTS, A VERIFIED COMPLAINT WHICH SHALL SET FORTH THE PARTICULARS OF
14 THE ALLEGED UNLAWFUL DISCRIMINATORY PRACTICE AND CONTAIN SUCH OTHER
15 INFORMATION AS THE DIVISION OF HUMAN RIGHTS MAY REQUIRE. THE DIVISION
16 SHALL THEREUPON CAUSE TO BE MADE AN INVESTIGATION AND DISPOSITION OF THE
17 CHARGES PURSUANT TO THE PROVISIONS OF ARTICLE FIFTEEN OF THE EXECUTIVE
18 LAW.
19 14. A PERSON WHO HAS BEEN CONVICTED OF ARSON IN ANY DEGREE SHALL NOT
20 BE ELIGIBLE TO BE ELECTED OR APPOINTED AS A VOLUNTEER MEMBER OF A FIRE
21 COMPANY. THE MEMBERSHIP OF ANY VOLUNTEER MEMBER OF A FIRE COMPANY SHALL
22 IMMEDIATELY TERMINATE IF HE OR SHE IS CONVICTED OF ARSON IN ANY DEGREE
23 WHILE A MEMBER OF A FIRE COMPANY.
24 15. UPON APPLICATION BY ANY PERSON FOR MEMBERSHIP IN A FIRE COMPANY
25 OPERATING PURSUANT TO THIS SECTION, THE FIRE CHIEF SHALL CAUSE THE
26 APPLICANT'S BACKGROUND TO BE CHECKED PURSUANT TO SECTION EIGHT HUNDRED
27 THIRTY-SEVEN-O OF THE EXECUTIVE LAW FOR A CRIMINAL HISTORY INVOLVING A
28 CONVICTION FOR ARSON.
29 S 165. INCORPORATION OF FIRE DEPARTMENT. THE MEMBERS OF ALL THE FIRE,
30 HOSE, PROTECTIVE AND HOOK AND LADDER COMPANIES OF A TOWN, ORGANIZED AND
31 MAINTAINED IN PURSUANCE OF LAW, CONSTITUTE A CORPORATION BY THE NAME OF
32 THE "FIRE DEPARTMENT OF.........." THE TERM, FIRE DEPARTMENT OF A TOWN,
33 AS USED IN THIS CHAPTER, REFERS TO SUCH A CORPORATION.
34 S 166. ELECTION OF COMPANY OFFICERS AND DELEGATES. EACH OF THE
35 SEVERAL COMPANIES WHOSE MEMBERS CONSTITUTE THE FIRE DEPARTMENT OF THE
36 TOWN SHALL HOLD AN ANNUAL MEETING ON THE FIRST TUESDAY IN APRIL IN EACH
37 YEAR. AT SUCH MEETING THE MEMBERS OF EACH COMPANY SHALL ELECT BY BALLOT
38 FROM THEIR OWN NUMBER A CAPTAIN AND A LIEUTENANT, AND SUCH FURTHER OFFI-
39 CERS IF ANY AS MAY BE PROVIDED FOR IN THE BY-LAWS OF THE COMPANY, WHO
40 MUST BE APPROVED BY THE TOWN, ONE WARDEN AND ONE DELEGATE TO THE GENERAL
41 CONVENTION OF THE FIRE DEPARTMENT. THE TERMS OF OFFICE OF THE CAPTAIN
42 AND LIEUTENANT AND SUCH FURTHER OFFICERS IF ANY, AS ARE ELECTED AS
43 PROVIDED IN THIS SECTION, SHALL BE ONE YEAR, THE WARDENS TWO YEARS, AND
44 THE DELEGATES THREE YEARS, RESPECTIVELY, AND ANY VACANCIES OCCURRING IN
45 ANY SUCH OFFICES SHALL BE FILLED BY ELECTION IN LIKE MANNER. AT THE
46 FIRST ANNUAL MEETING AFTER THIS ARTICLE TAKES EFFECT TWO WARDENS AND
47 THREE DELEGATES SHALL BE ELECTED, THE WARDENS TO SERVE FOR ONE AND TWO
48 YEARS, RESPECTIVELY, AND THE DELEGATES FOR ONE, TWO AND THREE YEARS,
49 RESPECTIVELY. ANY PERSON WHO HAS BEEN CONVICTED OF ARSON IN ANY DEGREE
50 SHALL NOT BE ELIGIBLE FOR ELECTION TO THE OFFICE OF CAPTAIN, LIEUTENANT,
51 WARDEN, DELEGATE AND ANY OTHER OFFICES PROVIDED FOR IN THE BY-LAWS OF
52 THE COMPANY. ANY CAPTAIN, LIEUTENANT, WARDEN, DELEGATE OR OTHER OFFICER
53 OF THE COMPANY WHO IS CONVICTED OF ARSON IN ANY DEGREE DURING HIS TERM
54 OF OFFICE SHALL BE DISQUALIFIED FROM COMPLETING SUCH TERM OF OFFICE.
55 S 167. CHIEF AND ASSISTANT CHIEFS. THE CHIEF AND THE FIRST AND SECOND
56 ASSISTANT CHIEFS AND SUCH ADDITIONAL ASSISTANT CHIEFS, IF ANY, AS MAY BE
S. 271 6
1 PROVIDED FOR IN THE BY-LAWS OF THE FIRE DEPARTMENT SHALL EACH BE A
2 MEMBER THEREOF AND A RESIDENT OF THE STATE OF NEW YORK. IN ADDITION, THE
3 TOWN BOARD MAY, BY RESOLUTION, REQUIRE THAT ANY OR ALL OF SUCH FIRE
4 DEPARTMENT OFFICERS SHALL BE RESIDENTS OF THE TOWN. THE DELEGATES
5 ELECTED TO THE GENERAL CONVENTION OF THE FIRE DEPARTMENT SHALL MEET AT
6 THE COUNCIL ROOM THEREOF ON THE THURSDAY FOLLOWING THE FIRST TUESDAY IN
7 APRIL AND NOMINATE A PERSON FOR EACH OF SUCH OFFICES; BUT THE TOWN BOARD
8 MAY ADOPT A RULE REQUIRING ALL SUCH NOMINATIONS TO BE MADE ON THAT DAY
9 BY A VOTE OF THE DULY QUALIFIED MEMBERS OF THE DEPARTMENT, IN WHICH CASE
10 THE MEETING OF THE DELEGATES IN GENERAL CONVENTION, AS PROVIDED FOR IN
11 THIS SECTION, SHALL BE DISPENSED WITH. THE PERSON ACTING AS SECRETARY OF
12 SUCH CONVENTION SHALL FORTHWITH FILE IN THE OFFICE OF THE TOWN CLERK A
13 CERTIFICATE OF SUCH NOMINATIONS. THE TOWN BOARD AT ITS NEXT MEETING
14 SHALL CONSIDER THE NOMINATIONS AND APPOINT SUCH PERSONS TO THE OFFICES
15 TO WHICH THEY ARE RESPECTIVELY NOMINATED OR, IF A NOMINATION IS NOT
16 APPROVED THE BOARD SHALL RECONVENE THE GENERAL CONVENTION, WHICH SHALL
17 SUBMIT A NEW NOMINATION TO TAKE THE PLACE OF ANY NOMINATION NOT
18 APPROVED, WHICH PROCEDURE SHALL CONTINUE UNTIL A FULL SET OF OFFICERS IS
19 APPROVED. A PERSON WHO HAS BEEN CONVICTED OF ARSON IN ANY DEGREE SHALL
20 NOT BE ELIGIBLE FOR NOMINATION, ELECTION OR APPOINTMENT TO THE OFFICE OF
21 CHIEF OR ASSISTANT CHIEF. ANY FIRE CHIEF OR ASSISTANT CHIEF WHO IS
22 CONVICTED OF ARSON IN ANY DEGREE DURING HIS OR HER TERM OF OFFICE SHALL
23 BE DISQUALIFIED FROM COMPLETING SUCH TERM OF OFFICE.
24 NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
25 INCONSISTENT WITH THE PROVISIONS OF THIS SECTION, ANY SUCH CHIEF OR
26 ASSISTANT CHIEF OF A TOWN FIRE DEPARTMENT NEED NOT BE A RESIDENT OF THE
27 TOWN IN ORDER TO SERVE AS A MEMBER OF THE COUNCIL OF THE FIRE DEPARTMENT
28 OF THE TOWN PURSUANT TO THIS ARTICLE UNLESS THE TOWN BOARD HAS, BY
29 RESOLUTION, AS PROVIDED IN THIS SECTION, REQUIRED THAT ANY OR ALL OF
30 SUCH FIRE DEPARTMENT OFFICERS SHALL BE RESIDENTS OF THE TOWN. EXCEPT AS
31 OTHERWISE PROVIDED PURSUANT TO THIS PARAGRAPH, A PERSON SHALL NOT HOLD
32 THE OFFICE OF TOWN SUPERVISOR OR MEMBER OF THE TOWN BOARD AND THE OFFICE
33 OF CHIEF OR ASSISTANT CHIEF OF A TOWN FIRE DEPARTMENT AT THE SAME TIME.
34 A MEMBER OF THE TOWN BOARD WHO DOES NOT, EITHER AS AN INDIVIDUAL OR AS A
35 MEMBER OF SUCH BOARD, APPOINT OR APPROVE THE APPOINTMENT OF THE CHIEF OR
36 ASSISTANT CHIEF OF A TOWN FIRE DEPARTMENT, MAY HOLD THE OFFICE OF CHIEF
37 OR ASSISTANT CHIEF AT THE SAME TIME. NOTWITHSTANDING ANY INCONSISTENT
38 PROVISION OF LAW, A PERSON WHO IS THE CHIEF OR AN ASSISTANT CHIEF OF A
39 TOWN FIRE DEPARTMENT, IF HE OR SHE IS OTHERWISE QUALIFIED, MAY BE
40 ELECTED TO THE OFFICE OF TOWN SUPERVISOR OR MEMBER OF THE TOWN BOARD OR
41 MAY BE APPOINTED TO THE OFFICE OF TOWN SUPERVISOR OR MEMBER OF THE TOWN
42 BOARD TO FILL A VACANCY AND, IF HE OR SHE IS SO ELECTED OR APPOINTED,
43 HIS OR HER OFFICE AS CHIEF OR ASSISTANT CHIEF, AS THE CASE MAY BE, SHALL
44 BECOME VACANT UPON HIS OR HER TAKING HIS OR HER OATH OF OFFICE AS TOWN
45 SUPERVISOR OR MEMBER OF THE TOWN BOARD.
46 S 2. This act shall take effect on the first of January next succeed-
47 ing the date on which it shall have become a law.
