S T A T E O F N E W Y O R K
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9940
I N A S S E M B L Y
April 26, 2024
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the town law, in relation to permitting employees of a
fire department to serve as fire chief or assistant fire chief
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 WHO MAY BE EMPLOYEES OF THE DISTRICT, 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. If the
Thursday following the first Tuesday in April falls upon a day of
special religious observance, the board of fire commissioners may desig-
nate 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, WHO
MAY BE EMPLOYEES OF THE DISTRICT, 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] THEIR office as soon as [he] SUCH PERSON has been appointed there-
to by the board of fire commissioners and shall serve until [his] A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15195-01-4
A. 9940 2
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 depart-
ment chief or assistant chief who is convicted of arson in any degree
during [his] THEIR term of office shall be disqualified from completing
such term of office.
§ 2. Subdivision 11-b of section 176 of the town law, as amended by
chapter 295 of the laws of 2021, 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 Cherry Grove fire department may adopt a resolution
to hold future meetings, for nomination of the chief and assistant
chiefs, on the third Saturday in September; and the Fair Harbor fire
department may adopt a resolution to hold future meetings, for nomi-
nation of the chief and assistant chiefs, on the third Sunday in Septem-
ber. 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,
the last Sunday in September in the Davis Park fire department, the
second Tuesday in December in the Caton fire district, the third Satur-
day in September in the Cherry Grove fire department, or the third
Sunday in September in the Fair Harbor fire department, as specified in
the fire department resolution, instead of April as provided in subdivi-
sion 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, WHO MAY BE EMPLOYEES OF THE
DISTRICT, 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 offi-
cers is approved. Any such person shall assume the duties of [his] THEIR
office as soon as [he] SUCH PERSON has been appointed thereto by the
board of fire commissioners and shall serve until [his] A successor is
A. 9940 3
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]
THEIR 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.
§ 3. Subdivision 1 of section 176-a of the town law, as amended by
chapter 511 of the laws of 1974, is amended to read as follows:
1. The chief shall, under the direction of the board of fire commis-
sioners, have exclusive control of the members of the fire department of
the fire district at all fires, inspections, reviews and other occasions
when the fire department is on duty or parade[; he]. THE CHIEF shall
also have supervision of the engines, fire trucks, pumpers, hose wagons
and other apparatus and of the equipment and other property used for the
prevention or extinguishment of fire and of all officers and employees
of the fire department; PROVIDED, HOWEVER, THAT IF THE CHIEF OR ASSIST-
ANT CHIEF IS AN EMPLOYEE OF THE DISTRICT, THE BOARD OF FIRE COMMISSION-
ERS SHALL HAVE SUPERVISORY AUTHORITY OVER SUCH CHIEF OR ASSISTANT CHIEF
WITH REGARD TO THEIR DUTIES AS AN EMPLOYEE OF THE DISTRICT. [He] THE
CHIEF shall see that the rules and regulations of the board of fire
commissioners are observed and that the orders of the board of fire
commissioners are duly executed. [He] THE CHIEF shall, whenever
required by the board of fire commissioners, report to said board the
condition of the property of said fire district and such other informa-
tion as may be required [of him] BY THE BOARD. [He] THE CHIEF shall
hold the members, officers and employees of the fire department strictly
to account for neglect of duty and may suspend them for improper
conduct, subject to the action of the board of fire commissioners at its
next meeting. In case of the disability or absence of the chief, the
first assistant chief, and in the case of the disability or absence of
both the chief and first assistant chief, the other assistants, in
numerical order, shall perform the duties and exercise the powers of the
chief. When the fire department or any company or squad thereof is on
duty no member of the board of fire commissioners shall interfere with
the duties of the chief or assistant chief.
§ 4. This act shall take effect immediately.