Authorizes the removal of fire commissioners for dereliction of duties; such dereliction shall include excessive, unexcused absences from regularly scheduled meetings.
Ayes (7): Stewart-Cousins, Oppenheimer, Valesky, Thompson, Johnson C, Little, Bonacic
Excused (1): Morahan
BILL NUMBER: S2053 REVISED 02/12/10
TITLE OF BILL : An act to amend the town law, in relation to the removal of a fire commissioner for dereliction of duty
PURPOSE : The purpose of this bill is to clarify that a fire commissioner can be removed for dereliction of duty.
SUMMARY OF PROVISIONS : Section 1 amends the Town Law to provide for the removal of fire commissioners for dereliction of duty. Dereliction of duty would include excessive unexcused absences from regularly scheduled meetings. Any removal would take place according to the current established removal procedure.
JUSTIFICATION : Fire district commissioners are elected to oversee the operations of a fire district - controlling the finances and regulations not only of the district, but in many cases, also the finances and regulation of the fire companies within the district. They are also responsible for the payment of contracts, controlling special elections, and many other specialized tasks. If the commissioners are not present, business cannot be conducted.
There has been some confusion as to whether or not commissioners can be removed for excessive unexcused absences. The provision in the Public Officers Law refers to malversation and malfeasance. This legislation, requested by the Association of Fire Districts of the State of New York, Inc., makes it clear that commissioners can be removed for dereliction, including excessive unexcused absences.
LEGISLATIVE HISTORY : None.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2053 2009-2010 Regular Sessions IN SENATE February 11, 2009 ___________Introduced by Sens. LAVALLE, DIAZ, O. JOHNSON, LARKIN, MORAHAN, RANZEN- HOFER -- 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 removal of a fire commissioner for dereliction of duty THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The town law is amended by adding a new section 176-c to read as follows: S 176-C. REMOVAL OF FIRE COMMISSIONERS. ANY FIRE COMMISSIONER MAY BE REMOVED FOR DERELICTION OF DUTY. DERELICTION OF DUTY SHALL INCLUDE, BUT NOT BE LIMITED TO, EXCESSIVE UNEXCUSED ABSENCES FROM REGULARLY SCHEDULED MEETINGS. THESE CRITERIA FOR REMOVAL ARE IN ADDITION TO THE CRITERIA PROVIDED IN SECTION THIRTY-SIX OF THE PUBLIC OFFICERS LAW. ANY REMOVAL PURSUANT TO THIS SECTION SHALL TAKE PLACE PURSUANT TO THE PROCEDURE FOR REMOVAL ESTABLISHED IN SECTION THIRTY-SIX OF THE PUBLIC OFFICERS LAW. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01658-01-9