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, instead of April as provided 20 in subdivision eleven-a of this section. Provided, however, the Davis 21 Park fire department may adopt a resolution to hold future meetings, for 22 nomination of chief and assistant chiefs, on the last Sunday in Septem- 23 ber; the Caton fire district may adopt a resolution to hold future meet- 24 ings, for nominations of chief and assistant chiefs, on the second Tues- 25 day in December; the Cherry Grove fire department may adopt a resolution 26 to hold future meetings, for nomination of the chief and assistant 27 chiefs, on the third Saturday in September; and the Fair Harbor fire 28 department may adopt a resolution to hold future meetings, for nomi- 29 nation of the chief and assistant chiefs, on the third Sunday in Septem- 30 ber. The notice or call for such meeting shall specify that such a 31 resolution will be offered to be voted upon at such meeting. If such 32 resolution is adopted, the board of fire commissioners may adopt a rule 33 or regulation providing that future meetings for the nomination of chief 34 and assistant chiefs shall be held in December, either on the first 35 Thursday, the first Saturday, the Thursday following the first Tuesday, 36 the Saturday following the first Tuesday, the Thursday following the 37 second Tuesday, the Saturday following the second Tuesday in such month, 38 the last Sunday in September in the Davis Park fire department, the 39 second Tuesday in December in the Caton fire district, the third Satur- 40 day in September in the Cherry Grove fire department, or the third 41 Sunday in September in the Fair Harbor fire department, as specified in 42 the fire department resolution, instead of April as provided in subdivi- 43 sion eleven-a of this section. Each nominee shall be a member of the 44 fire department. In addition, the board of fire commissioners may by 45 resolution require that any or all of such fire department officers 46 shall be residents of the fire district. All nominations shall be made 47 by ballot. The person acting as secretary of such meeting shall promptly 48 notify the fire district secretary in writing of such nominations. The 49 board of fire commissioners at its organization meeting in the month of 50 January next succeeding the making of such nominations shall consider 51 the same and shall appoint such persons, who may be employees of the 52 district, to the offices to which they have been respectively nominated 53 or, if a nomination is not approved the board of fire commissioners 54 shall call another meeting of the members of the fire department at 55 which a new nomination shall be made to take the place of any nomination 56 not approved, which procedure shall continue until a full set of offi-
A. 3109 3 1 cers is approved. Any such person shall assume the duties of [his] their 2 office as soon as [he] such person has been appointed thereto by the 3 board of fire commissioners and shall serve until [his] a successor is 4 appointed. A person who has been convicted of arson in any degree shall 5 not be eligible for nomination, election or appointment to the office of 6 fire department chief or assistant chief. Any fire department chief or 7 assistant chief who is convicted of arson in any degree during [his] 8 their term of office shall be disqualified from completing such term of 9 office. 10 If the date of meetings for the nomination of chief and assistant 11 chiefs is changed from April to September or December pursuant to the 12 foregoing provisions of this subdivision, the members of the fire 13 department at a regular or special meeting of the department held after 14 the month of April but prior to the month of November in any year may 15 adopt a resolution recommending that future meetings for the nomination 16 for such officers shall be held in April pursuant to the provisions of 17 subdivision eleven-a of this section. The call for such meeting shall 18 specify that such a resolution will be offered to be voted upon at such 19 meeting. If such a resolution is adopted, the board of fire commission- 20 ers may adopt a rule or regulation providing that future meetings for 21 the nomination of chief and assistant chiefs shall be held in April 22 pursuant to the provisions of subdivision eleven-a of this section and 23 that the provisions of such subdivision eleven-a shall again become 24 applicable. 25 § 3. Subdivision 1 of section 176-a of the town law, as amended by 26 chapter 511 of the laws of 1974, is amended to read as follows: 27 1. The chief shall, under the direction of the board of fire commis- 28 sioners, have exclusive control of the members of the fire department of 29 the fire district at all fires, inspections, reviews and other occasions 30 when the fire department is on duty or parade[; he]. The chief shall 31 also have supervision of the engines, fire trucks, pumpers, hose wagons 32 and other apparatus and of the equipment and other property used for the 33 prevention or extinguishment of fire and of all officers and employees 34 of the fire department; provided, however, that if the chief or assist- 35 ant chief is an employee of the district, the board of fire commission- 36 ers shall have supervisory authority over such chief or assistant chief 37 with regard to their duties as an employee of the district. [He] The 38 chief shall see that the rules and regulations of the board of fire 39 commissioners are observed and that the orders of the board of fire 40 commissioners are duly executed. [He] The chief shall, whenever 41 required by the board of fire commissioners, report to said board the 42 condition of the property of said fire district and such other informa- 43 tion as may be required [of him] by the board. [He] The chief shall 44 hold the members, officers and employees of the fire department strictly 45 to account for neglect of duty and may suspend them for improper 46 conduct, subject to the action of the board of fire commissioners at its 47 next meeting. In case of the disability or absence of the chief, the 48 first assistant chief, and in the case of the disability or absence of 49 both the chief and first assistant chief, the other assistants, in 50 numerical order, shall perform the duties and exercise the powers of the 51 chief. When the fire department or any company or squad thereof is on 52 duty no member of the board of fire commissioners shall interfere with 53 the duties of the chief or assistant chief. 54 § 4. This act shall take effect immediately.