S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9883
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the town law, in relation to the nomination and appoint-
   ment of chiefs and assistant chiefs  for  the  Brighton  fire  company
   number five
 
   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; [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;  AND  THE  BRIGHTON
 FIRE COMPANY NUMBER FIVE MAY ADOPT A RESOLUTION TO HOLD FUTURE MEETINGS,
 FOR  NOMINATIONS  OF  CHIEF  AND  ASSISTANT  CHIEFS, ON THE DATE OF SUCH
 COMPANY'S REGULARLY SCHEDULED MONTHLY MEETING IN THE MONTH  OF  OCTOBER.
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13366-03-0

 A. 9883                             2
 
 following  the first Tuesday, the Thursday following the second Tuesday,
 the Saturday following the second Tuesday in such month, the last Sunday
 in September in the Davis Park fire department, the  second  Tuesday  in
 December  in the Caton fire district, [or] the third Sunday in September
 in the Fair Harbor fire department, OR ON  THE  DATE  OF  THE  COMPANY'S
 REGULARLY  SCHEDULED  MONTHLY  MEETING  IN  THE  MONTH OF OCTOBER IN THE
 BRIGHTON FIRE COMPANY NUMBER FIVE as specified 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 addi-
 tion, 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 secre-
 tary  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,  OR  AT THE COMPANY'S REGULARLY SCHEDULED
 MONTHLY MEETING IN THE MONTH OF NOVEMBER NEXT SUCCEEDING THE  MAKING  OF
 SUCH NOMINATIONS IN THE BRIGHTON FIRE COMPANY NUMBER FIVE, shall consid-
 er  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.