2023 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.