§ 16-a. Volunteer members of fire companies. 1. Except as otherwise
provided in a city charter or other special or local law, volunteer
members of a fire company shall be elected and appointed as provided in
this section.

2. The board of fire commissioners or other body or officer having
control of the fire department shall appoint residents of the city as
the volunteer members of any newly organized fire company. Thereafter,
the fire company may elect other eligible persons, including city
officers, as volunteer members. The election shall be pursuant to the
by-laws, if any, of the fire company; otherwise, by a three-fourths vote
of the members of the fire company present and voting at a regular or
special meeting thereof. The membership of any person so elected shall
become effective when approved by resolution of the board of fire
commissioners or such other body or officer. Membership shall be deemed
to have been approved pursuant to this subdivision in the event that no
action is taken by such board, body or officer, either approving or
disapproving, within thirty days after service of written notice of
election to membership shall have been made by the secretary of the fire
company upon the chairman of such board or body, or upon such officer,
either personally or by mail.

3. Any person elected to membership as a volunteer member of a fire
company shall be a resident of the city or of territory outside the city
which is afforded fire protection by the fire department of the city, or
any fire company thereof, pursuant to a contract for fire protection,
except as otherwise provided in subdivision six.

4. The membership of a volunteer member of a fire company shall
terminate when he ceases to be a resident of the city or of any
territory outside the city which is afforded fire protection by the fire
department of the city, or any fire company thereof, pursuant to a
contract for fire protection, except as otherwise provided in
subdivision five.

5. Any fire company may authorize the continued membership of any
volunteer member where such member notifies the secretary of his or her
fire company (a) that he or she plans to change his or her residence to
territory which is not in the city and is not protected by the fire
department of the city, or any fire company thereof, pursuant to a
contract for fire protection, and (b) that by reason of his or her
residence in the vicinity and his or her usual occupation he or she will
be available to render active service as a volunteer firefighter in the
city or in territory outside the city which is afforded fire protection
pursuant to a contract for fire protection by the fire department of the
city, or a fire company thereof. Such authorization shall be pursuant to
the by-laws, if any, of the fire company of which he or she is a member,
otherwise by a three-fourths vote of the members of such fire company
present and voting at a regular or special meeting thereof. Such
authorization shall not become effective unless approved by resolution
of the board of fire commissioners or other body or officer hereinabove
mentioned. Any membership continued pursuant to the provisions of this
subdivision shall terminate when the member cannot meet either the
requirements of this subdivision or the residence requirements of
subdivision three. In the case of a city which adjoins another state,
the term "vicinity", as used in this subdivision, includes territory in
this state and territory in the adjoining state.

6. A person who cannot meet the residence requirements of subdivision
three of this section may be elected to membership as a volunteer member
of any fire company of the fire department if by reason of his or her
residence in the vicinity and his or her usual occupation he or she will
be available to render active service as a volunteer firefighter in the
city or in territory which is afforded fire protection pursuant to a
contract for fire protection by the fire department of the city or a
fire company thereof. Such authorization shall be pursuant to the
by-laws, if any, of the fire company; otherwise by a three-fourths vote
of the members of the fire company present and voting at a regular or
special meeting thereof. Such authorization shall not become effective
unless approved by resolution of the board of fire commissioners or
other body or officer hereinabove mentioned. The membership of any
volunteer member elected pursuant to the provisions of this subdivision
shall terminate when the member cannot meet either the requirements of
this subdivision or the residence requirements of subdivision three. In
the case of a city which adjoins another state, the term "vicinity", as
used in this subdivision, includes territory in this state and territory
in the adjoining state.

7. The membership of any volunteer firefighter shall not be continued
pursuant to subdivision five of this section, and persons shall not be
elected to membership pursuant to subdivision six of this section, if,
by so doing, the percentage of such non-resident members in the fire
company would exceed forty-five per centum of the actual membership of
the fire company.

8. The legislative body of the city, or the board of fire
commissioners or other body or officer hereinabove mentioned subject to
approval of such legislative body, by resolution may restrict the
membership of volunteer members in any or all of the fire companies of
the fire department to residents of the city. Any volunteer member who
then resides in territory outside the city shall cease to be a member of
any fire company to which the restriction is applicable unless the
resolution provides that his membership shall continue during the
existence of any lawful contract for fire protection to such territory
by his company or the fire department or during the period in which he
may continue to meet the requirements of subdivision three, five or six.

9. Residents of outside territory protected pursuant to a contract for
fire protection who have been elected to volunteer membership, and
non-residents whose volunteer memberships have been authorized or
continued pursuant to subdivision five or six, shall have all the
powers, duties, immunities, and privileges of resident volunteer
members, except (1) they may not be elected or appointed to any office
of the fire department which is required by law to be held by an elector
of the city, (2) non-residents of the state may not be appointed or
elected to any office in the fire company or fire department, and (3) a
non-resident of this state whose membership has been continued pursuant
to subdivision five of this section, or a non-resident of this state who
was elected to membership pursuant to subdivision six of this section,
shall not be considered to be performing any firemanic duty, or to be
engaged in any firemanic activity, as a member of the fire company while
he or she is outside of this state unless and until he or she has first
reported to the officer or firefighter in command of his or her fire
department, or any company, squad or other unit thereof, engaged or to
be engaged in rendering service outside this state, or has received
orders or authorization from an officer of the fire department or fire
company to participate in or attend authorized activities outside of
this state in the same manner as resident members of the fire company.

10. A person shall not be eligible to volunteer membership in more
than one fire company at one time.

11. The term "contract for fire protection" as used in this section
means one under which a cash consideration is received by the city or by
the fire department or a fire company thereof for the furnishing of fire
protection to an area outside the city. Any such contract shall be
deemed in full force and effect for the purposes of this section if
negotiations are pending for the renewal thereof.

12. The provisions of this section shall not be deemed to authorize
the election of any person as a member of a fire company or the
continuance of membership in a fire company as herein provided if such
election or continuance of membership shall be contrary to the by-laws,
rules or regulations of the fire company or of the fire department of
the city

13. Any person:

(1) who was recognized prior to the first day of January, two thousand
eleven, as a volunteer member of any fire company of a city subject to
the provisions of this section by the governing board or board of fire
commissioners of the city or by the officers and members of his fire
company, and

(2) who rendered active service with such fire company between such
dates, and

(3) who was, at the time of his or her election to membership, a
resident of the city or of territory outside the city which was afforded
fire protection by the fire department of the city, or any fire company
thereof, pursuant to a contract for fire protection, or who was a
non-resident who was elected to membership or who was continued as a
member, pursuant to the provisions of subdivision five or six of this
section, shall for all purposes in law be considered to have been duly
elected and approved, or continued, as a member in such fire company as
of the date of such approval, if any, and, if none, then as of the date
of such election or, in the case of a continuance, as of the date of the
approval, if any, by the board of fire commissioners or the governing
board, and, if none, as of the date of authorization of continuance by
the fire company; notwithstanding that there may have been some legal
defect in such election, or the proceedings precedent thereto, or a
failure of the board of fire commissioners or governing board to approve
such member, or approve the continuance of membership of such member, as
provided by the law in force at the time of such election, or
continuance, and the status of such person as a volunteer firefighter as
of such date is hereby legalized, validated and confirmed. This
subdivision shall not apply to a person, if any, whose volunteer
membership in a fire company was disapproved by the board of fire
commissioners or declared invalid by a court of competent jurisdiction
prior to the first day of January, two thousand eleven.

14. (a) It shall be an unlawful discriminatory practice for any
volunteer fire department or fire company, through any member or members
thereof, officers, board of fire commissioners or other body or office
having power of appointment of volunteer firefighters in any fire
department or fire company pursuant to this section, because of the
race, creed, color, national origin, sex or marital status of any
individual, to exclude or to expel from its volunteer membership such
individual, or to discriminate against any of its members because of the
race, creed, color, national origin, sex or marital status of such
volunteer members.

(b) Any person claiming to be aggrieved by an unlawful discriminatory
practice pursuant to this section may by himself or his attorney at law
make, sign and file with the state division of human rights, a verified
complaint which shall set forth the particulars of the alleged unlawful
discriminatory practice and contain such other information as the
division of human rights may require. The division shall thereupon cause
to be made an investigation and disposition of the charges pursuant to
the provisions of article fifteen of the executive law.