New York A 3109: Relates to the appointment of fire chiefs and assistant chiefs

Bill Text

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A03109 Summary:

BILL NOA03109 

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SAME ASSAME AS S00500

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SPONSOREachus

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COSPNSRSchiavoni, DeStefano

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MLTSPNSR

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Amd §§176 & 176-a, Town L

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Permits the appointment of fire chiefs and assistant chiefs who are employees of a fire district.

Go to top A03109 Actions:

BILL NOA03109 

&nbsp

01/23/2025referred to local governments

01/07/2026referred to local governments

Go to topA03109 Committee&nbspVotes:

Go to topA03109 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03109 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3109

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

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

 AN ACT to amend the town law, in relation to permitting employees of a
 fire department to serve as fire chief or assistant fire chief

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 11-a of section 176 of the town law, as
 2 amended by chapter 351 of the laws of 2000, is amended to read as
 3 follows:
 4 11-a. The members of the fire department of the fire district shall
 5 meet at a time and place designated by the board of fire commissioners
 6 on the Thursday following the first Tuesday in April of each year and
 7 nominate persons who may be employees of the district, for the offices
 8 of chief and such assistant chiefs as may be provided for in the rules
 9 and regulations adopted by the board of fire commissioners. If the
 10 Thursday following the first Tuesday in April falls upon a day of
 11 special religious observance, the board of fire commissioners may desig-
 12 nate any other weekday in April after such Thursday as the day upon
 13 which to hold such meeting. Each nominee shall be a member of the fire
 14 department. In addition, the board of fire commissioners may by resol-
 15 ution require that any or all of such fire department officers shall be
 16 residents of the fire district. All nominations shall be made by ballot.
 17 The person acting as secretary of such meeting shall promptly notify the
 18 fire district secretary in writing of such nominations. The board of
 19 fire commissioners at its meeting next succeeding the making of such
 20 nominations shall consider the same and shall appoint such persons, who
 21 may be employees of the district, to the offices to which they have been
 22 respectively nominated or, if a nomination is not approved the board of
 23 fire commissioners shall call another meeting of the members of the fire
 24 department at which a new nomination shall be made to take the place of
 25 any nomination not approved, which procedure shall continue until a full

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02112-01-5

 A. 3109 2

 1 set of officers is approved. Any such person shall assume the duties of
 2 [his] their office as soon as [he] such person has been appointed there-
 3 to by the board of fire commissioners and shall serve until [his] a
 4 successor is appointed. A person who has been convicted of arson in any
 5 degree shall not be eligible for nomination, election or appointment to
 6 the office of fire department chief or assistant chief. Any fire depart-
 7 ment chief or assistant chief who is convicted of arson in any degree
 8 during [his] their term of office shall be disqualified from completing
 9 such term of office.
 10 § 2. Subdivision 11-b of section 176 of the town law, as amended by
 11 chapter 295 of the laws of 2021, is amended to read as follows:
 12 11-b. The members of the fire department at a regular or special meet-
 13 ing of the department held after the month of April but prior to the
 14 month of November in any year may adopt a resolution recommending that
 15 future meetings for the nomination of the chief and assistant chiefs be
 16 held in December, either on the first Thursday, the first Saturday, the
 17 Thursday following the first Tuesday, the Saturday following the first
 18 Tuesday, the Thursday following the second Tuesday, or the Saturday
 19 following the second Tuesday in such month, inst