NY Vill L § 10-1012 (2021)
2021 New York Laws VIL - Village Article 10 - Fire Department 10-1012 - Chief and Assistant Chiefs.

§  10-1012  Chief and assistant chiefs. 1. The chief and the first and   second assistant chiefs and such additional assistant chiefs, if any, as   may be provided for in the by-laws of the fire department shall each  be   a  member  thereof and a resident of the state of New York. In addition,   the board of trustees, or the board of fire commissioners subject to the   approval of the board of trustees, may, by resolution, require that  any   or  all  of  such  fire  department  officers  shall be residents of the   village. The delegates elected to the general  convention  of  the  fire   department  shall  meet  at  the  council  room  thereof on the Thursday   following the first Tuesday in April, except the  elected  delegates  of   the  fire  department of the village of Fishkill, Dutchess county, which   shall meet on the first Tuesday in December, and nominate a  person  for   each  of  such  offices;  but  the fire commissioners of any village may   adopt a rule requiring all such nominations to be made on the day of the   meeting by a vote of the duly qualified members of  the  department,  in   which  case  the  meeting  of  the  delegates  in general convention, as   provided for in this section, shall be dispensed with. The person acting   as secretary of such convention shall forthwith file in  the  office  of   the  village  clerk a certificate of such nominations. The board of fire   commissioners at its next meeting shall  consider  the  nominations  and   appoint  such  persons  to  the  offices  to which they are respectively   nominated or, if a nomination is not approved the board shall  reconvene   the  general convention, which shall submit a new nomination to take the   place of any nomination not approved,  which  procedure  shall  continue   until  a  full  set  of  officers  is  approved.  A  person who has been   convicted of arson in any degree shall not be eligible  for  nomination,   election  or  appointment to the office of chief or assistant chief. Any   fire chief or assistant chief who is convicted of arson  in  any  degree   during  his  term  of  office shall be disqualified from completing such   term of office.2. Notwithstanding the provisions of any general, special or local law   inconsistent herewith any such chief or assistant  chief  of  a  village   fire  department need not be a resident of the village in order to serve   as a member of the  council  of  the  fire  department  of  the  village   pursuant  to  section  10-1014  of  this  article  unless  the  board of   trustees, or the board of fire commissioners subject to the approval  of   the  board of trustees, has, by resolution, as provided in this section,   required that any or all of  such  fire  department  officers  shall  be   residents  of the village. Except as otherwise provided pursuant to this   subdivision, a person shall not hold the  office  of  village  mayor  or   village  trustee and the office of chief or assistant chief of a village   fire department at the same time. A village trustee who does not, either   as an individual or as a member of  a  board,  appoint  or  approve  the   appointment   of  the  chief  or  assistant  chief  of  a  village  fire   department, may hold the office of chief or assistant chief at the  same   time. Notwithstanding any inconsistent provision of law, a person who is   the  chief  or an assistant chief of a village fire department, if he is   otherwise qualified, may be elected to the office of  village  mayor  or   village  trustee  or  may be appointed to the office of village mayor or   village trustee to fill a vacancy and, if he is so elected or appointed,   his office as chief or assistant chief, as the case may be, shall become   vacant upon his taking his oath of office as village  mayor  or  village   trustee.