NY State Senate Bill 2019-S7750

Senate Bill S7750

2019-2020 Legislative Session

Relates to the nomination and appointment of chiefs and assistant chiefs for the Brighton fire company number five

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2020	referred to local governments delivered to assembly passed senate
Jun 08, 2020	ordered to third reading cal.715 reported and committed to rules
Feb 13, 2020	referred to local government

Votes

- Jun 9, 2020 - Floor Vote
  S7750
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2020
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  May 28, 2020 - Rules Committee Vote
  S7750
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 28, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
  Jun 8, 2020 - Local Government Committee Vote
  S7750
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jun 8, 2020
      
      aye (7)
      
      Borrello
      
      Brooks
      
      Gaughran
      
      Harckham
      
      Metzger
      
      Ritchie
      
      Skoufis

2019-S7750 (ACTIVE) - Details

See Assembly Version of this Bill:: A9883
Current Committee:: Assembly Local Governments
Law Section:: Town Law
Laws Affected:: Amd §176, Town L

2019-S7750 (ACTIVE) - Summary

Relates to the nomination and appointment of chiefs and assistant chiefs for the Brighton fire company number five.

2019-S7750 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7750

SPONSOR: JACOBS
 
TITLE OF BILL:

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

 
PURPOSE::

To amend the town law, in relation to the nomination and appointment of
chiefs and assistant chiefs for the Brighton fire company number five.

 
SUMMARY OF PROVISIONS::

Section 1 of the bill would enable the Brighton Volunteer Fire Company
Number Five to adopt a resolution that would change the month in which
their members nominate and appoint the company's chief and assistant
chiefs. Adoption of this resolution would mean that future meetings to
nominate the company's chief and assistant chiefs, would be held on the

same date as the company's regularly scheduled monthly meeting in Octo-
ber. Company members would also consider and appoint nominated members
to the offices of chief and assistant chiefs at the company's next
succeeding regularly scheduled monthly meeting in November.

Section 2 of the bill is the effective date; immediately upon being
signed in to law.

 
JUSTIFICATION::

The Brighton Volunteer Fire Company  5 consists entirely of men and
women that courageously and selflessly volunteer to assist the Town of
Tonawanda and its residents by bravely responding to emergencies. The
Company has existed for decades; and each year its members answer more
than seven-hundred calls.

The Company requested the option to change the date on which their
members appoint, or elect Firematic Officers, such as chief and assist-
ant chief(s) positions. The Company asked for the ability to move the
elections for chief and assistant chief(s) from December to November to
coincide with their elections for Fire Company Officer positions. The
Company would prefer to hold all elections for both Firematic and Fire
Company officers on one (1) single day each year; and the Company
believes that such a change will enable greater member participation in
the Company's elections. Several fire departments located throughout New
York State have received similar statutory exceptions under Section 176
of Town Law. This bill would simply allow the Brighton Volunteer Fire
Company  5 to adopt a resolution and change the months in which their
organization nominates and adopts (elects) their chief and assistant
chief(s), in order to improve member participation in their organiza-
tion's elections.

 
LEGISLATIVE HISTORY::

This is a new bill.

2019-S7750 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7750
 
                             I N  S E N A T E
 
                             February 13, 2020
                                ___________
 
 Introduced  by  Sen.  JACOBS -- 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 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

 S. 7750                             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.

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