S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9026
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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 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
 S. 9026                             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
 S. 9026                             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.