NY Vill L § 10-1006 (2021)
2021 New York Laws VIL - Village Article 10 - Fire Department 10-1006 - Volunteer Members of Village Fire Companies.

§  10-1006  Volunteer  members  of  village  fire  companies.  1.  The volunteer members of a fire company shall be elected  and  appointed  as provided in this section.   2.  The  board  of  fire  commissioners shall appoint residents of the village as the volunteer members of any newly  organized  fire  company. Thereafter, the fire company may elect other eligible persons, including village  officers,  as volunteer members. The election shall be pursuant to  the  by-laws,  if  any,  of  the  fire  company;  otherwise,  by   a three-fourths vote of the members of the fire company present and voting at a regular or special meeting thereof. The membership of any person so elected  shall become effective when approved by resolution of the board of fire commissioners. Membership shall be deemed to have been  approved pursuant to this subdivision in the event that no action is taken by the board  of  fire  commissioners, either approving or disapproving, within forty days after servce of written  notice  of  election  to  membership shall  have  been  made  by  the  secretary of the fire company upon the village clerk, either personally or by mail.   3. Any person elected to membership as a volunteer member  as  a  fire company  shall  be a resident of the village or of territory outside the village which is afforded fire protection by the fire department of  the village,  or  any  fire company thereof, pursuant to a contract for fire protection, except as otherwise provided in subdivision six.   4. The membership of a  volunteer  member  of  a  fire  company  shall terminate  when  he  ceases  to  be  a resident of the village or of any territory outside the village which is afforded fire protection but  the fire department of the village, or any fire company thereof, pursuant to a  contract  for  fire  protection,  except  as  otherwise  provided  in subdivision five.   5. Any fire company may authorize  the  continued  membership  of  any volunteer  member where such member notifies the secretary of his or her fire company (a) that he or she plans to change his or her residence  to territory  which  is not in the village and is not protected by the fire department of the village, or any fire company thereof,  pursuant  to  a contract  for  fire  protection,  and  (b)  that by reason of his or her residence in the vicinity or his or her usual occupation he or she  will be  available to render active service as a volunteer firefighter in the village or in territory outside  the  village  which  is  afforded  fire protection  pursuant  to  a  contract  for  fire  protection by the fire department of the village, or a fire company thereof. Such authorization shall be pursuant to the by-laws, if any, of the fire company  of  which he  or she is a member, otherwise by a three-fourths vote of the members of such fire company present and voting at a regular or special  meeting thereof.  Such  authorization shall not become effective unless approved by resolution of the board of  fire  commissioners.  Such  authorization shall  be  deemed  to have been approved pursuant to this subdivision in the event that no action is taken by the board  of  fire  commissioners, either  approving  or  disapproving,  within forty days after service of written notice of  such  authorization  shall  have  been  made  by  the secretary  of the fire company upon the village clerk, either personally or by mail. Any membership continued pursuant to the provisions of  this subdivision  shall  terminate  when  the  member  cannot meet either the requirements of  this  subdivision  or  the  residence  requirements  of subdivision  three  of  this  section.  In  the  case of a village which adjoins another state, the term "vicinity", as used in this subdivision, includes territory in this state and territory in the adjoining state.   6. A person who cannot meet the residence requirements of  subdivision three of this section may be elected to membership as a volunteer member of  any  fire  company of the fire department if by reason of his or her  residence in the vicinity or his or her usual occupation he or she  will be  available to render active service as a volunteer firefighter in the village or in territory which is afforded fire protection pursuant to  a contract  for fire protection by the fire department of the village or a fire company thereof. Such election shall be pursuant to the by-laws, if any, of the fire company; otherwise  by  a  three-fourths  vote  of  the members  of  the fire company present and voting at a regular or special meeting thereof. The membership of  any  person  so  elected  shall  not become  effective  unless  approved  by  resolution of the board of fire commissioners. Membership shall be deemed to have been approved pursuant to this subdivision in the event that no action is taken by the board of fire commissioners, either approving  or  disapproving,  within  seventy days  after  service  of  written notice of election to membership shall have been made by the secretary of the fire  company  upon  the  village clerk,  either  personally  or  by mail. The membership of any volunteer member elected pursuant to the  provisions  of  this  subdivision  shall terminate  when  the  member cannot meet either the requirements of this subdivision or the residence requirements of subdivision three  of  this section.  In the case of a village which adjoins another state, the term "vicinity", as used in this  subdivision,  includes  territory  in  this state and territory in the adjoining state.   7.  The membership of any volunteer firefighter shall not be continued pursuant to subdivision five of this section, and persons shall  not  be elected  to  membership pursuant to subdivision six of this section, if, by so doing, the percentage of such non-resident  members  in  the  fire company  would  exceed forty-five per centum of the actual membership of the  fire  company,  provided  however,  that  the  provisions  of  this subdivision shall not apply to the membership of the village of Blasdell volunteer fire department, provided however, that the provisions of this subdivision shall not apply to the membership of the village of Delanson volunteer   fire   company   in  the  village  of  Delanson,  county  of Schenectady, provided however, that the provisions of  this  subdivision shall  not  apply  to  membership  of the village of Port Dickinson Fire Department,  within  the  village  of  Port  Dickinson,  Broome  County, provided  however,  that  the  provisions  of this subdivision shall not apply to  the  membership  of  the  village  of  Briarcliff  Manor  fire department,   within   the   village  of  Briarcliff  Manor,  county  of Westchester.   8. The board of trustees, or the board of fire  commissioners  subject to  approval  of  the  board of trustees, by resolution may restrict the membership of volunteer members in any or all of the fire  companies  of the  fire  department  to residents of the village. Any volunteer member who then resides in territory outside the village shall cease  to  be  a member of any fire company to which the restriction is applicable unless the  resolution  provides  that his membership shall continue during the existence of any contract for fire protection to such territory  by  his company  or  the  fire  department  or during the period in which he may continue to meet the requirements of subdivision three, five or six.   9. Residents of outside territory protected pursuant to a contract for fire protection who have  been  elected  to  volunteer  membership,  and non-residents   whose  volunteer  memberships  have  been  continued  or authorized pursuant to subdivision five or six of  this  section,  shall have  all  the  powers,  duties,  immunities, and privileges of resident volunteer members, except (1) non-residents of  the  state  may  not  be appointed  or  elected  to  any  office  in  the  fire  company  or fire department, and (2) a non-resident of this state  whose  membership  has been  continued  pursuant  to  subdivision  five  of  this section, or a non-resident of this state who was elected  to  membership  pursuant  to  subdivision  six  of  this  section,  shall  not  be  considered  to  be performing any firemanic  duty,  or  to  be  engaged  in  any  firemanic activity,  as a member of the fire company while he or she is outside of this  state unless and until he or she has first reported to the officer or firefighter in command of his or her fire department, or any company, squad or other unit thereof, engaged  or  to  be  engaged  in  rendering service outside this state, or has received orders or authorization from an  officer  of the fire department or fire company to participate in or attend authorized activities outside of this state in the same manner as resident members of the fire company.   10. A person shall not be eligible to  volunteer  membership  in  more than one fire company at one time.   11.  The  term  "contract for fire protection" as used in this section means one under which a cash consideration is received by the village or by the fire department or a fire company thereof for the  furnishing  of fire  protection to an area outside the village. Any such contract shall be deemed in full force and effect for the purposes of this  section  if negotiations are pending for the renewal thereof.   12.  In  a  village where there is no board of fire commissioners, the board of trustees shall have the powers and perform the duties  of  such board which are prescribed in this section.   13.  The  provisions  of this section shall not be deemed to authorize the election of any person  as  a  member  of  a  fire  company  or  the continuance  of  membership in a fire company as herein provided if such election or continuance of membership shall be contrary to the  by-laws, rules  or  regulations  of the fire company or of the fire department of the village.   14. A village  may  not  adopt  a  local  law  changing,  amending  or superseding this section.   15. Any person:  (1)  who  was  recognized  prior  to  the  first day of July, nineteen hundred fifty-four, as a volunteer member  of  any  fire  company  of  a village  subject  to  the  provisions  of  this  article by the board of trustees or board of  fire  commissioners  of  the  village  or  by  the officers and members of his fire company, and  (2)  who  rendered active service with such fire company prior to such date, and  (3) who was, at the time of his or her nomination  for  membership,  a resident of the village or of territory outside of the village which was afforded  fire  protection by the fire department of the village, or any fire company thereof, pursuant to a contract for fire protection,  shall for  all  purposes  in law be considered to have been duly nominated and appointed to membership in such fire company as  of  the  date  of  such appointment,  if  any,  and,  if  none,  then  as  of  the  date of such nomination; notwithstanding that there may have been some  legal  defect in  such  nomination, or the proceedings precedent thereto, or a failure of the board of fire commissioners or board of trustees to appoint  such member,  as provided by law in force at the time of such nomination, and the status of such person as a volunteer firefighter as of the  date  of such  appointment  or  nomination  is  hereby  legalized,  validated and confirmed. An election to membership in a fire company shall  be  deemed equivalent  to  a  nomination  for  membership  for the purposes of this subdivision in the event that a formal  nomination  for  membership  was never presented to a board of fire commissioners or board of trustees as provided  by  the  law in force prior to the first day of July, nineteen hundred fifty-four, and, for the  purposes  of  this  subdivision,  such election,  and the proceedings precedent thereto, shall be considered to have been held and  conducted  in  the  manner  required  by  law.  This  subdivision  shall  not  apply  to  a  person,  if  any, whose volunteer membership in a  fire  company  was  declared  invalid  by  a  court  of competent  jurisdiction  prior  to  the  first  day of January, nineteen hundred fifty-five.   16. Any person:  (1)  who  was  recognized on and after the first day of July, nineteen hundred fifty-four and prior to the first day of January,  two  thousand eleven,  as  a volunteer member of any fire company of a village subject to the provisions of this article by the board of trustees or  board  of fire  commissioners of the village or by the officers and members of his fire company, and  (2) who rendered active service with such fire  company  between  such dates, and  (3)  who  was,  at  the  time  of his or her election to membership, a resident of the village or of territory outside the  village  which  was afforded  fire  protection by the fire department of the village, or any fire company thereof, pursuant to a contract for fire protection, or who was a non-resident who was elected to membership or who was continued as a member, pursuant to the provisions of subdivisions five or six of this section, shall for all purposes in law be considered to have  been  duly elected  and approved, or continued, as a member in such fire company as of the date of such approval, if any, and, if none, then as of the  date of such election or, in the case of a continuance, as of the date of the approval,  if  any,  by  the board of fire commissioners or the board of trustees, and, if none, as of the date of authorization  of  continuance by the fire company; notwithstanding that there may have been some legal defect  in  such  election,  or  the proceedings precedent thereto, or a failure of the board of fire  commissioners  or  board  of  trustees  to approve  such  member,  or approve the continuance of membership of such member, as provided by the law in force at the time of such election, or continuance, and the status of such person as a volunteer firefighter as of  the  date  is  hereby  legalized,  validated  and  confirmed.   This subdivision  shall  not  apply  to  a  person,  if  any, whose volunteer membership in a fire company was disapproved by the board of trustees or board of fire commissioners or declared invalid by a court of  competent jurisdiction prior to the first day of January, two thousand eleven.   17.  (a)  It  shall  be  an  unlawful  discriminatory practice for any volunteer fire department or fire company, through any member or members thereof, officers, board of fire commissioners or other body  or  office having  power  of  appointment  of  volunteer  firefighters  in any fire department or fire company pursuant to  this  section,  because  of  the race,  creed,  color,  national  origin,  sex  or  marital status of any individual, to exclude or to expel from its  volunteer  membership  such individual, or to discriminate against any of its members because of the race,  creed,  color,  national  origin,  sex  or marital status of such volunteer members.  (b) Any person claiming to be aggrieved by an unlawful  discriminatory practice  pursuant to this section may by himself or his attorney at law make, sign and file with the state division of human rights, a  verified complaint  which shall set forth the particulars of the alleged unlawful discriminatory practice  and  contain  such  other  information  as  the division of human rights may require. The division shall thereupon cause to  be  made an investigation and disposition of the charges pursuant to the provisions of article fifteen of the executive law.   18. A person who has been convicted of arson in any degree  shall  not be  eligible  to be elected or appointed as a volunteer member of a fire company. The membership of any volunteer member of a fire company  shall  immediately  terminate if he is convicted of arson in any degree while a member of a fire company.   19.  Upon  application  by any person for membership in a fire company operating pursuant to this section,  the  fire  chief  shall  cause  the applicant's  background  to be checked pursuant to section eight hundred thirty-seven-o of the executive law for a criminal history  involving  a conviction for arson and conviction of a crime which requires the person to register as a sex offender under article six-C of the correction law. Where  such  criminal history information includes conviction of a crime which requires the person to register as a sex  offender  under  article six-C  of  the correction law, a fire company shall determine whether or not such person shall be eligible  to  be  elected  or  appointed  as  a volunteer  member of such fire company. Such determination shall be made in accordance with the criteria established in  sections  seven  hundred fifty-two and seven hundred fifty-three of the correction law.