BILL NUMBER: S500
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the town law, in relation to permitting employees of a
fire department to serve as fire chief or assistant fire chief
 
PURPOSE:
To allow volunteer firefighters to hold a dual position.
 
SUMMARY OF PROVISIONS:
Section 1. Subdivision 11-a of section 176 of the town law, as amended
by chapter 351 of the laws of 2000 is amended to allow for nominees to
include employees of the district.
Section 2. Subdivision 11-b of section 176 of the town law, as amended
by chapter 295 of the laws of 2011 is amended to allow for nominees to
include employees of the district.
Section 3. Subdivision 1 of section 176-a of the town law, as amended by
chapter 511 of the laws of 1974 is amended to provide that if the chief
or assistant chief is an employee of the district, the board of fire
commissioners shall have supervisory authority over such chief or
assistant chief regarding their duties as an employee of the district.
Section 4. Sets kit the effective date.
 
JUSTIFICATION:
Back in 1874, it was the opinion of the Attorney General that dual
office holding by certain employees was not acceptable. As we see the
volunteer firefighter's numbers decline year after year, it makes sense
to allow District employees to also serve as Chief. Not only are these
employees available for daytime calls they are also familiar with the
equipment and could therefore have faster response times. It simply
makes sense to do anything to increase the number of volunteer fire-
fighters.
 
LEGISLATIVE HISTORY:
2024 S.9026.
 
FISCAL IMPLICATIONS:
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S500: 176 town law, 176(11-a) town law, 176(11-b) town law, 176-a town law, 176-a(1) town law