S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10816
 
                           I N  A S S E M B L Y
 
                               July 15, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Garbarino)
   -- read once and referred to the Committee on Local Governments
 
 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:

   Section 1. Subdivision 11-b of section 176 of the town law, as amended
 by chapter 208 of the laws of 2019, is amended to read as follows:
   11-b. The members of the fire department at a regular or special meet-
 ing of the department held after the month of April  but  prior  to  the
 month  of  November in any year may adopt a resolution recommending that
 future meetings for the nomination of the chief and assistant chiefs  be
 held  in December, either on the first Thursday, the first Saturday, the
 Thursday following the first Tuesday, the Saturday following  the  first
 Tuesday,  the  Thursday  following  the  second Tuesday, or the Saturday
 following the second Tuesday in such month, instead of April as provided
 in subdivision eleven-a of this section. Provided,  however,  the  Davis
 Park fire department may adopt a resolution to hold future meetings, for
 nomination  of chief and assistant chiefs, on the last Sunday in Septem-
 ber; the Caton fire district may adopt a resolution to hold future meet-
 ings, for nominations of chief and assistant chiefs, on the second Tues-
 day in December; THE FIRE ISLAND  PINES  FIRE  DEPARTMENT  MAY  ADOPT  A
 RESOLUTION  TO HOLD FUTURE MEETINGS, FOR NOMINATION OF CHIEF AND ASSIST-
 ANT CHIEFS, ON THE FIRST SATURDAY FOLLOWING  LABOR  DAY;  and  the  Fair
 Harbor  fire  department may adopt a resolution to hold future meetings,
 for nomination of the chief and assistant chiefs, on the third Sunday in
 September. The notice or call for such meeting shall specify that such a
 resolution will be offered to be voted upon at  such  meeting.  If  such
 resolution  is adopted, the board of fire commissioners may adopt a rule
 or regulation providing that future meetings for the nomination of chief
 and assistant chiefs shall be held in  December,  either  on  the  first
 Thursday,  the first Saturday, the Thursday following the first Tuesday,
 the Saturday following the first Tuesday,  the  Thursday  following  the
 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.
                                                            LBD15760-02-0

 A. 10816                            2
 
 the  last  Sunday  in  September  in the Davis Park fire department, the
 second Tuesday in December in the Caton fire district, THE FIRST  SATUR-
 DAY FOLLOWING LABOR DAY IN THE FIRE ISLAND PINES FIRE DEPARTMENT, or the
 third  Sunday in September in the Fair Harbor fire department, as speci-
 fied in the fire department resolution, instead of April as provided  in
 subdivision  eleven-a of this section. Each nominee shall be a member of
 the fire department. In addition, the board of fire commissioners may by
 resolution 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 organization meeting in the month of
 January 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 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.
   If  the  date  of  meetings  for the nomination of chief and assistant
 chiefs is changed from April to September or December  pursuant  to  the
 foregoing  provisions  of  this  subdivision,  the  members  of the fire
 department at a regular or special meeting of the department held  after
 the  month  of  April but prior to the month of November in any year may
 adopt a resolution recommending that future meetings for the  nomination
 for  such  officers shall be held in April pursuant to the provisions of
 subdivision eleven-a of this section. The call for  such  meeting  shall
 specify  that such a resolution will be offered to be voted upon at such
 meeting. If such a resolution is adopted, the board of fire  commission-
 ers  may  adopt  a rule or regulation providing that future meetings for
 the nomination of chief and assistant chiefs  shall  be  held  in  April
 pursuant  to  the provisions of subdivision eleven-a of this section and
 that the provisions of such  subdivision  eleven-a  shall  again  become
 applicable.
   § 2. This act shall take effect immediately.