Bill Text: NY S08093 | 2019-2020 | General Assembly | Introduced
Bill Title: Permits the Fire Island Pines fire department to adopt a resolution to hold future meetings, for nomination of chief and assistant chiefs, on the first Saturday following Labor day.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-06-09 - referred to ways and means [S08093 Detail]
Download: New_York-2019-S08093-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8093 IN SENATE March 18, 2020 ___________ Introduced by Sen. MARTINEZ -- 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 nomination of officers in the Fire Island Pines fire department 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 Fire Island Pines fire department may adopt a 17 resolution to hold future meetings, for nomination of chief and assist- 18 ant chiefs, on the first Saturday following Labor day; and the Fair 19 Harbor fire department may adopt a resolution to hold future meetings, 20 for nomination of the chief and assistant chiefs, on the third Sunday in 21 September. 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 26 Thursday, the first Saturday, the Thursday following the first Tuesday, 27 the Saturday following the first Tuesday, the Thursday following the 28 second Tuesday, the Saturday following the second Tuesday in such month, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15760-02-0S. 8093 2 1 the last Sunday in September in the Davis Park fire department, the 2 second Tuesday in December in the Caton fire district, the first Satur- 3 day following Labor day in the Fire Island Pines fire department, or the 4 third Sunday in September in the Fair Harbor fire department, as speci- 5 fied in the fire department resolution, instead of April as provided in 6 subdivision eleven-a of this section. Each nominee shall be a member of 7 the fire department. In addition, the board of fire commissioners may by 8 resolution require that any or all of such fire department officers 9 shall be residents of the fire district. All nominations shall be made 10 by ballot. The person acting as secretary of such meeting shall promptly 11 notify the fire district secretary in writing of such nominations. The 12 board of fire commissioners at its organization meeting in the month of 13 January next succeeding the making of such nominations shall consider 14 the same and shall appoint such persons to the offices to which they 15 have been respectively nominated or, if a nomination is not approved the 16 board of fire commissioners shall call another meeting of the members of 17 the fire department at which a new nomination shall be made to take the 18 place of any nomination not approved, which procedure shall continue 19 until a full set of officers is approved. Any such person shall assume 20 the duties of his office as soon as he has been appointed thereto by the 21 board of fire commissioners and shall serve until his successor is 22 appointed. A person who has been convicted of arson in any degree shall 23 not be eligible for nomination, election or appointment to the office of 24 fire department chief or assistant chief. Any fire department chief or 25 assistant chief who is convicted of arson in any degree during his term 26 of office shall be disqualified from completing such term of office. 27 If the date of meetings for the nomination of chief and assistant 28 chiefs is changed from April to September or December pursuant to the 29 foregoing provisions of this subdivision, the members of the fire 30 department at a regular or special meeting of the department held after 31 the month of April but prior to the month of November in any year may 32 adopt a resolution recommending that future meetings for the nomination 33 for such officers shall be held in April pursuant to the provisions of 34 subdivision eleven-a of this section. The call for such meeting shall 35 specify that such a resolution will be offered to be voted upon at such 36 meeting. If such a resolution is adopted, the board of fire commission- 37 ers may adopt a rule or regulation providing that future meetings for 38 the nomination of chief and assistant chiefs shall be held in April 39 pursuant to the provisions of subdivision eleven-a of this section and 40 that the provisions of such subdivision eleven-a shall again become 41 applicable. 42 § 2. This act shall take effect immediately.