N.Y. TWN Law § 174 — New York Code / Act TWN / Article 11 / Section 174
Fire district officers
Status: in_force

§ 174. Fire district officers. 1. Whenever a fire district shall be\nestablished, within ten days thereafter the town board of the town in\nwhich such district is located or, in the case of a district including\nterritory in two or more towns, the town boards of such towns acting\njointly by a majority vote of the members of each of such town boards,\nshall appoint five fire district commissioners and a treasurer for such\ndistrict who shall hold their respective offices until the thirty-first\nday of December next succeeding; provided, however, that if such\ndistrict be established subsequent to the first day of October in any\nyear, the officers so appointed by the town board shall hold office\nuntil the thirty-first day of December of the next succeeding calendar\nyear. A person so appointed as fire district commissioner shall not\nserve as chief or assistant chief of the fire district fire department\nafter taking his oath of office as such commissioner and during the time\nhe serves as such commissioner pursuant to such appointment. The town\nclerk shall immediately notify the appointees of their appointment and\nof the time and place which he shall fix for the organization meeting of\nthe board of fire commissioners, which meeting shall be held not later\nthan ten days after the appointment of said officers. At such\norganization meeting, the treasurer shall preside until such time as a\nchairman of the board of fire commissioners shall be chosen, but such\ntreasurer shall not be entitled to a vote at such meeting. The board of\nfire commissioners shall appoint a secretary who shall hold office until\nthe thirty-first day of December following the first election of fire\ndistrict officers.\n  2. The first election of fire district officers shall be held on the\nsecond Tuesday in December next succeeding the establishment or\nconsolidation of such fire district; provided, however, that if such\ndistrict be established at a time subsequent to the first day of October\nin any year, the first election of fire district officers shall be held\non the second Tuesday in the month of December of the next succeeding\ncalendar year. At the first annual election of fire district officers,\nfive district commissioners shall be elected and a treasurer. Every\nregistered fire district voter shall be entitled to cast one vote for\neach vacant position on a board of fire commissioners to be filled in\nthe first annual election of fire district officers. The person\nreceiving the greatest number of votes for the office of fire\ncommissioner shall be elected for a term of five years; the person\nreceiving the second highest number of votes shall be elected for a term\nof four years; the person receiving the third highest number of votes\nshall be elected for a term of three years; the person receiving the\nfourth highest number of votes shall be elected for a term of two years\nand the person receiving the fifth highest number of votes shall be\nelected for a term of one year. In the event that two persons shall\nreceive the same number of votes the terms of office shall be decided by\nlot. At each subsequent election of fire district officers a\ncommissioner shall be elected for the full term of five years. In the\nevent that two or more persons receive the same number of votes thereat,\na special election between the tying parties receiving the highest\nnumber of votes to fill the vacancy shall be held within forty-five days\nafter such election. The fire district treasurer shall be elected for a\nterm of three years. The fire district secretary shall be appointed by\nthe fire district commissioners and shall serve for a period of one\nyear. The fire district secretary in office at the time such election is\nheld shall immediately notify the officers elected of their election and\nthat an organization meeting will be held on the day specified in said\nnotice, which shall not be later than the fifteenth day of January next\nensuing. At such organization meeting, the treasurer shall preside until\nsuch time as a chairperson of the board of fire commissioners shall be\nchosen, but such treasurer shall not be entitled to a vote at such\nmeeting.\n  2-a. The fire district commissioners may adopt a resolution\nestablishing the office of director of purchasing and appoint a director\nof purchasing who shall serve for a term, not to exceed five years, to\nbe fixed by the fire district commissioners. If the fire district\ncommissioners so determine, the duties of the director of purchasing may\nbe combined with the duties of any other fire district officer or\nemployee except members of the board of fire district commissioners and\nthe fire district treasurer. The fire commissioners of any fire district\nin which the office of director of purchasing shall have been\nestablished may adopt a resolution abolishing such office, and upon the\nexpiration of the term of office of the incumbent or such other time as\nmay be set forth in the resolution, such office shall be abolished and\nno successor shall be appointed.\n  3. The fire district commissioners shall receive no compensation for\ntheir services, but a commissioner acting as secretary of the fire\ndistrict may be compensated. The fire district secretary shall receive\nsuch compensation as the fire district commissioners may determine, but\nif the secretary be a member of the board of fire commissioners his\ncompensation shall be fixed by the other members of the board. The fire\ndistrict treasurer and the director of purchasing, when such office has\nbeen established, shall receive such compensation as the fire district\ncommissioners may determine. Each fire district treasurer, each\nsecretary in fire districts having a separate secretary, and each\ndirector of purchasing, when such office has been established, shall\nbefore entering upon the duties of his office take the constitutional\noath of office and file the same with the town clerk of the town or one\nof the towns in which such fire district is located. The treasurer of\neach fire district shall before entering upon the duties of his office,\nexecute and file with the town clerk of the town or one of the towns in\nwhich such fire district is located, an official undertaking,\nconditioned for the faithful performance of his duties and that he will\nand truly keep, pay over and account for all moneys of the fire district\ncoming into his hands as treasurer of the fire district. The undertaking\nshall be in such form, in such sum and with such sureties as the fire\ncommissioners shall direct and approve and such approval shall be\nindicated upon such undertaking. The fire commissioners of any fire\ndistrict may require the director of purchasing, when such office has\nbeen established, before entering upon the duties of that office, to\nexecute and file with the town clerk of the town or one of the towns in\nwhich such fire district is located, an undertaking, conditioned for the\nfaithful performance of his duties and for a due accounting of all\nproperty that may come under his care, custody and control. Such\nundertaking shall be in such form, in such sum and with such sureties as\nthe fire commissioners shall direct and approve and such approval shall\nbe indicated upon such undertaking.\n  4. The fire district treasurer or any commissioner of the fire\ndistrict, whenever so appointed, may also act as fire district\nsecretary. When the position of fire district treasurer or fire district\nsecretary is appointive, and in the case of the director of purchasing,\nwhen such office has been established, and if no qualified resident of\nthe district is willing to perform the duties of fire district\ntreasurer, fire district secretary or director of purchasing, a person\nwho is a nonresident of such fire district may be appointed as fire\ndistrict treasurer, fire district secretary or director of purchasing. A\nperson shall not hold the offices of fire district commissioner and fire\ndistrict treasurer at the same time. A person shall not hold the office\nof fire district commissioner and the office of chief or assistant chief\nof the fire department of the fire district at the same time.\n  Notwithstanding any inconsistent provision of law, a person who is a\nfire district commissioner, may, if he is otherwise qualified, be a\ncandidate for nomination, and may be nominated by the fire district fire\ndepartment, for the office of chief or any assistant chief of the fire\ndepartment, but only if such commissioner has filed with the fire\ndistrict secretary at least five days, but not more than ten days,\nbefore the meeting of the fire department at which any such nomination\nwould be made a written notice that he will be a candidate for such\nnomination. If a fire district commissioner is a candidate for\nnomination for any such office in the fire department and he is duly\nnominated for such office at a meeting of the fire department, he shall\nforthwith cease to be a fire district commissioner and his office as\nsuch commissioner shall thereupon become vacant. If a fire district\ncommissioner is a candidate for nomination for any such office in the\nfire department and he is defeated for such nomination at the meeting of\nthe fire department, he shall not participate in any vote of the board\nof fire commissioners in relation to the appointment of the successful\nnominee to the office for which such commissioner and such successful\nnominee were opposing candidates.\n  Notwithstanding any inconsistent provision of law, a person who is the\nchief or an assistant chief of the fire district fire department, if he\nis otherwise qualified, may be elected to the office of fire district\ncommissioner or may be appointed to the office of fire district\ncommissioner to fill a vacancy and, if he is so elected or appointed,\nhis office as chief or assistant chief, as the case maybe, shall become\nvacant upon his taking his oath of office as fire district commissioner.\n  5. A person who has been convicted of arson in any degree shall not be\neligible for nomination, election or appointment to the office of fire\ndistrict commissioner or fire district officer.\n  6. Each commissioner of a fire district before entering upon the\nduties of his office, shall take the constitutional oath of office and\nfile the same with the town clerk of the town or one of the towns in\nwhich such fire district is located.\n  7. A fire district is a political subdivision of the state and a\ndistrict corporation within the meaning of section three of the general\ncorporation law. The officers and employees of a fire district,\nincluding the paid and volunteer members of the fire department thereof,\nare officers and employees of such fire district and are not officers or\nemployees of any other political subdivision.\n