Bill S7046-2013

Relates to the Caton fire district

Relates to the Caton fire district.

Details

Actions

  • Aug 11, 2014: SIGNED CHAP.313
  • Aug 1, 2014: DELIVERED TO GOVERNOR
  • Jun 18, 2014: returned to senate
  • Jun 18, 2014: passed assembly
  • Jun 18, 2014: ordered to third reading rules cal.404
  • Jun 18, 2014: substituted for a9359
  • Jun 10, 2014: referred to local governments
  • Jun 10, 2014: DELIVERED TO ASSEMBLY
  • Jun 10, 2014: PASSED SENATE
  • Jun 3, 2014: ORDERED TO THIRD READING CAL.1123
  • Jun 3, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 21, 2014: REFERRED TO LOCAL GOVERNMENT

Calendars

Votes

Memo

BILL NUMBER:S7046

TITLE OF BILL: An act to amend the town law, in relation to the Caton fire district

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 11b of section 176 of the town law so members of the Caton 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 that future meetings for the nomination of the chief and assistant chiefs be held on certain specified days. The Caton fire district may adopt a resolution to hold future meetings for nominations of chief and assistant chiefs, on the second Tuesday in December.

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 and by changing this date the voting for most of the offices could be done in one night.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 7046 IN SENATE April 21, 2014 ___________
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 Caton fire district THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 11-b of section 176 of the town law, as amended by chapter 169 of the laws of 1986, 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; AND THE CATON FIRE DISTRICT MAY ADOPT A RESOLUTION TO HOLD FUTURE MEETINGS, FOR NOMINATIONS OF CHIEF AND ASSISTANT CHIEFS, ON THE SECOND TUESDAY IN DECEMBER. 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 follow- ing the second Tuesday, [or] the Saturday following the second Tuesday in such month [or], the last Sunday in September in the Davis Park fire department, OR THE SECOND TUESDAY IN DECEMBER IN THE CATON FIRE DISTRICT, as specified in the fire department resolution, instead of April as provided in subdivision eleven-a of this section. Each nominee shall be a member of the fire department and a resident of the state of New York. 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 organization meeting in the month of January 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. 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. S 2. This act shall take effect immediately.

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