Bill S4435-2013

Provides that the election of chief and assistant chief by a fire department may be on the same day as the day of election of the fire department's election of administration officers

Provides that the election of chief and assistant chief by a fire department may be on the same day as the day of election of the fire department's election of administration officers.

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Apr 1, 2013: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S4435

TITLE OF BILL: An act to amend the town law, in relation to the election of fire chiefs and assistant fire chiefs

SUMMARY OF PROVISIONS: Section 1 amends subdivision 11a of section 176 of the town law so members of the fire department shall meet on the Thursday following the first Tuesday in April of each year and nominate the offices of chief and assistant chiefs. The board of fire commissioners may by resolution, adopt a policy allowing fire districts the option to set the day of electing chiefs and assistant chiefs on the same day as the fire department's election of administration offices.

Section 2 provides the effective date.

JUSTIFICATION:

It is undeniable that the services that fire districts provide in our communities are vital to the welfare and safety of our residents. On a continuous basis, the firefighters within these districts make important sacrifices in order to advance the public interest.

At a time when more and more rules, regulations and mandates are being put on volunteers by state and federal governments, this legislation would prevent these volunteers from making another trip to the fire station on a week night away from their families just to nominate (vote) a chief and assistant chief when there is almost never anyone running against them.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This bill shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4435 2013-2014 Regular Sessions IN SENATE April 1, 2013 ___________
Introduced by Sen. O'MARA -- 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 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
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.

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