NY Town L § 174 (2021)
2021 New York Laws TWN - Town Article 11 - Fire, Fire Alarm and Fire Protection Districts 174 - Fire District Officers.

§  174.  Fire  district officers. 1. Whenever a fire district shall be   established, within ten days thereafter the town board of  the  town  in   which  such  district is located or, in the case of a district including   territory in two or more towns, the town boards  of  such  towns  acting   jointly  by  a majority vote of the members of each of such town boards,   shall appoint five fire district commissioners and a treasurer for  such   district  who shall hold their respective offices until the thirty-first   day of  December  next  succeeding;  provided,  however,  that  if  such   district  be  established  subsequent to the first day of October in any   year, the officers so appointed by the  town  board  shall  hold  office   until  the  thirty-first day of December of the next succeeding calendar   year. A person so appointed as  fire  district  commissioner  shall  not   serve  as  chief or assistant chief of the fire district fire department   after taking his oath of office as such commissioner and during the time   he serves as such commissioner pursuant to such  appointment.  The  town   clerk  shall  immediately notify the appointees of their appointment and   of the time and place which he shall fix for the organization meeting of   the board of fire commissioners, which meeting shall be held  not  later   than   ten  days  after  the  appointment  of  said  officers.  At  such   organization meeting, the treasurer shall preside until such time  as  a   chairman  of  the  board of fire commissioners shall be chosen, but such   treasurer shall not be entitled to a vote at such meeting. The board  of   fire commissioners shall appoint a secretary who shall hold office until   the  thirty-first  day  of December following the first election of fire   district officers.2. The first election of fire district officers shall be held  on  the   second   Tuesday  in  December  next  succeeding  the  establishment  or   consolidation of such fire district; provided,  however,  that  if  such   district be established at a time subsequent to the first day of October   in  any year, the first election of fire district officers shall be held   on the second Tuesday in the month of December of  the  next  succeeding   calendar  year.  At the first annual election of fire district officers,   five district commissioners shall be elected and a treasurer. The person   receiving  the  greatest  number  of  votes  for  the  office  of   fire   commissioner  shall  be  elected  for  a  term of five years; the person   receiving the second highest number of votes shall be elected for a term   of four years; the person receiving the third highest  number  of  votes   shall  be  elected  for  a term of three years; the person receiving the   fourth highest number of votes shall be elected for a term of two  years   and  the  person  receiving  the  fifth highest number of votes shall be   elected for a term of one year. In the  event  that  two  persons  shall   receive the same number of votes the terms of office shall be decided by   lot.   At   each   subsequent  election  of  fire  district  officers  a   commissioner shall be elected for the full term of five  years.  In  the   event that two or more persons receive the same number of votes thereat,   a  special  election  between  the  tying  parties receiving the highest   number of votes to fill the vacancy shall be held within forty-five days   after such election. The fire district treasurer shall be elected for  a   term  of  three years. The fire district secretary shall be appointed by   the fire district commissioners and shall serve  for  a  period  of  one   year. The fire district secretary in office at the time such election is   held shall immediately notify the officers elected of their election and   that  an  organization meeting will be held on the day specified in said   notice, which shall not be later than the fifteenth day of January  next   ensuing. At such organization meeting, the treasurer shall preside until   such  time  as  a  chairman  of the board of fire commissioners shall be   chosen, but such treasurer shall not be  entitled  to  a  vote  at  such   meeting. 2-a.   The   fire   district  commissioners  may  adopt  a  resolution   establishing the office of director of purchasing and appoint a director   of purchasing who shall serve for a term, not to exceed five  years,  to   be  fixed  by  the  fire  district  commissioners.  If the fire district   commissioners so determine, the duties of the director of purchasing may   be  combined  with  the  duties  of  any  other fire district officer or   employee except members of the board of fire district commissioners  and   the fire district treasurer. The fire commissioners of any fire district   in   which  the  office  of  director  of  purchasing  shall  have  been   established may adopt a resolution abolishing such office, and upon  the   expiration  of the term of office of the incumbent or such other time as   may be set forth in the resolution, such office shall be  abolished  and   no successor shall be appointed.3.  The  fire district commissioners shall receive no compensation for   their services, but a commissioner  acting  as  secretary  of  the  fire   district  may  be compensated. The fire district secretary shall receive   such compensation as the fire district commissioners may determine,  but   if  the  secretary  be  a  member of the board of fire commissioners his   compensation shall be fixed by the other members of the board. The  fire   district  treasurer and the director of purchasing, when such office has   been established, shall receive such compensation as the  fire  district   commissioners   may   determine.  Each  fire  district  treasurer,  each   secretary in fire  districts  having  a  separate  secretary,  and  each   director  of  purchasing,  when  such office has been established, shall   before entering upon the duties of his office  take  the  constitutional   oath  of office and file the same with the town clerk of the town or one   of the towns in which such fire district is located.  The  treasurer  of   each  fire district shall before entering upon the duties of his office,   execute and file with the town clerk of the town or one of the towns  in   which   such   fire   district  is  located,  an  official  undertaking,   conditioned for the faithful performance of his duties and that he  will   and truly keep, pay over and account for all moneys of the fire district   coming into his hands as treasurer of the fire district. The undertaking   shall  be  in  such form, in such sum and with such sureties as the fire   commissioners shall direct  and  approve  and  such  approval  shall  be   indicated  upon  such  undertaking.  The  fire commissioners of any fire   district may require the director of purchasing, when  such  office  has   been  established,  before  entering  upon the duties of that office, to   execute and file with the town clerk of the town or one of the towns  in   which such fire district is located, an undertaking, conditioned for the   faithful  performance  of  his  duties  and  for a due accounting of all   property that may  come  under  his  care,  custody  and  control.  Such   undertaking shall be in such form, in such sum and with such sureties as   the  fire commissioners shall direct and approve and such approval shall   be indicated upon such undertaking.4. The fire  district  treasurer  or  any  commissioner  of  the  fire   district,   whenever  so  appointed,  may  also  act  as  fire  district   secretary. When the position of fire district treasurer or fire district   secretary is appointive, and in the case of the director of  purchasing,   when  such  office has been established, and if no qualified resident of   the  district  is  willing  to  perform  the  duties  of  fire  district   treasurer,  fire  district secretary or director of purchasing, a person   who is a nonresident of such fire district  may  be  appointed  as  fire   district treasurer, fire district secretary or director of purchasing. A   person shall not hold the offices of fire district commissioner and fire   district  treasurer at the same time. A person shall not hold the office   of fire district commissioner and the office of chief or assistant chief   of the fire department of the fire district at the same time. Notwithstanding any inconsistent provision of law, a person who  is  a   fire  district  commissioner,  may,  if  he is otherwise qualified, be a   candidate for nomination, and may be nominated by the fire district fire   department, for the office of chief or any assistant chief of  the  fire   department,  but  only  if  such  commissioner  has  filed with the fire   district secretary at least five days,  but  not  more  than  ten  days,   before  the  meeting of the fire department at which any such nomination   would be made a written notice that he will  be  a  candidate  for  such   nomination.   If  a  fire  district  commissioner  is  a  candidate  for   nomination for any such office in the fire department  and  he  is  duly   nominated  for such office at a meeting of the fire department, he shall   forthwith cease to be a fire district commissioner  and  his  office  as   such  commissioner  shall  thereupon  become  vacant. If a fire district   commissioner is a candidate for nomination for any such  office  in  the   fire department and he is defeated for such nomination at the meeting of   the  fire  department, he shall not participate in any vote of the board   of fire commissioners in relation to the appointment of  the  successful   nominee  to  the  office for which such commissioner and such successful   nominee were opposing candidates.Notwithstanding any inconsistent provision of law, a person who is the   chief or an assistant chief of the fire district fire department, if  he   is  otherwise  qualified,  may be elected to the office of fire district   commissioner or  may  be  appointed  to  the  office  of  fire  district   commissioner  to  fill  a vacancy and, if he is so elected or appointed,   his office as chief or assistant chief, as the case maybe, shall  become   vacant upon his taking his oath of office as fire district commissioner.5. 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   district commissioner or fire district officer.6. Each commissioner of a  fire  district  before  entering  upon  the   duties  of  his office, shall take the constitutional oath of office and   file the same with the town clerk of the town or one  of  the  towns  in   which such fire district is located.7.  A  fire  district  is  a  political subdivision of the state and a   district corporation within the meaning of section three of the  general   corporation  law.  The  officers  and  employees  of  a  fire  district,   including the paid and volunteer members of the fire department thereof,   are officers and employees of such fire district and are not officers or   employees of any other political subdivision.