S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4754
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of  A. PALMESANO, CASTORINA, BLANKENBUSH, B. MILLER,
   MONTESANO, RAIA, WALTER, LAWRENCE -- Multi-Sponsored by --  M.  of  A.
   CROUCH, LOPEZ, McDONOUGH, MORINELLO, OAKS -- 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:
 
   Section 1. Subdivision 11-a of section 176 of the town law, as amended
 by chapter 351 of the laws of 2000, is amended to read as follows:
   11-a. The members of the fire department of the  fire  district  shall
 meet  at  a time and place designated by the board of fire commissioners
 on the Thursday following the first Tuesday in April of  each  year  and
 nominate  persons  for the offices of chief and such assistant chiefs as
 may be provided for in the rules and regulations adopted by the board of
 fire commissioners; PROVIDED, HOWEVER, THAT THE BOARD  OF  FIRE  COMMIS-
 SIONERS  MAY  BY  RESOLUTION, ADOPT A POLICY ALLOWING FIRE DISTRICTS THE
 OPTION TO SET THE DAY OF ELECTION OF CHIEF AND ASSISTANT CHIEFS  ON  THE
 SAME  DAY  AS THE FIRE DEPARTMENT'S ELECTION OF ADMINISTRATION OFFICERS.
 [If the Thursday following the first Tuesday in April falls upon  a  day
 of  special  religious  observance,  the board of fire commissioners may
 designate any other weekday in April after such Thursday as the day upon
 which to hold such meeting.] Each nominee shall be a member of the  fire
 department.  In  addition, the board of fire commissioners may by resol-
 ution require that any or all of such fire department officers shall  be
 residents of the fire district. All nominations shall be made by ballot.
 The person acting as secretary of such meeting shall promptly notify the
 fire  district  secretary  in  writing of such nominations. The board of
 fire commissioners at its meeting next succeeding  the  making  of  such
 nominations  shall  consider  the same and shall appoint such persons to
 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.
              

                                                            LBD07858-01-7

 A. 4754                             2
 
 nomination  is  not  approved the board of fire commissioners shall call
 another meeting of the members of the fire department  at  which  a  new
 nomination  shall  be  made  to  take  the  place  of any nomination not
 approved, which procedure shall continue until a full set of officers is
 approved.  Any such person shall assume the duties of his office as soon
 as he has been appointed thereto by the board of fire commissioners  and
 shall  serve  until  his  successor  is appointed. A person who has been
 convicted of arson in any degree shall not be eligible  for  nomination,
 election  or  appointment  to  the  office  of  fire department chief or
 assistant chief. Any fire department chief or  assistant  chief  who  is
 convicted  of  arson  in  any  degree during his term of office shall be
 disqualified from completing such term of office.
   § 2. This act shall take effect immediately.