S T A T E   O F   N E W   Y O R K
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                                  6526

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced  by  M.  of  A.  PALMESANO  --  read once and referred to the
  Committee on Local Governments

AN ACT to amend the town law, in relation to the election of fire chiefs
  and assistant fire chiefs

  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 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;  PROVIDED,  HOWEVER, THAT THE BOARD OF FIRE COMMIS-
SIONERS MAY BY RESOLUTION, ADOPT A POLICY ALLOWING  FIRE  DISTRICTS  THE
OPTION  TO  SET THE DAY OF ELECTION OF CHIEF AND ASSISTANT CHIEFS ON THE
SAME DAY AS THE FIRE DEPARTMENT'S ELECTION OF  ADMINISTRATION  OFFICERS.
[If  the  Thursday following the first Tuesday in April falls upon a day
of special religious observance, the board  of  fire  commissioners  may
designate 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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10088-01-3
              

A. 6526                             2

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.
  S 2. This act shall take effect immediately.