N.Y. General City Law § 16-a: Volunteer members of fire companies

§ 16-a. Volunteer members of fire companies. 1. Except as otherwise

provided in a city charter or other special or local law, volunteer

members of a fire company shall be elected and appointed as provided in

this section.

2. The board of fire commissioners or other body or officer having

control of the fire department shall appoint residents of the city as

the volunteer members of any newly organized fire company. Thereafter,

the fire company may elect other eligible persons, including city

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 or such other body or officer. Membership shall be deemed

to have been approved pursuant to this subdivision in the event that no

action is taken by such board, body or officer, either approving or

disapproving, within thirty days after service of written notice of

election to membership shall have been made by the secretary of the fire

company upon the chairman of such board or body, or upon such officer,

either personally or by mail.

3. Any person elected to membership as a volunteer member of a fire

company shall be a resident of the city or of territory outside the city

which is afforded fire protection by the fire department of the city, 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 city or of any

territory outside the city which is afforded fire protection by the fire

department of the city, 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 city and is not protected by the fire

department of the city, 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 and his or her usual occupation he or she will

be available to render active service as a volunteer firefighter in the

city or in territory outside the city which is afforded fire protection

pursuant to a contract for fire protection by the fire department of the

city, 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 or other body or officer hereinabove

mentioned. 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. In the case of a city 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 and his or her usual occupation he or she will

be available to render active service as a volunteer firefighter in the

city or in territory which is afforded fire protection pursuant to a

contract for fire protection by the fire department of the city or a

fire company thereof. Such authorization 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. Such authorization shall not become effective

unless approved by resolution of the board of fire commissioners or

other body or officer hereinabove mentioned. 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. In

the case of a city 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.

8. The legislative body of the city, or the board of fire

commissioners or other body or officer hereinabove mentioned subject to

approval of such legislative body, 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 city. Any volunteer member who

then resides in territory outside the city 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 lawful 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 authorized or

continued pursuant to subdivision five or six, shall have all the

powers, duties, immunities, and privileges of resident volunteer

members, except (1) they may not be elected or appointed to any office

of the fire department which is required by law to be held by an elector

of the city, (2) non-residents of the state may not be appointed or

elected to any office in the fire company or fire department, and (3) 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 city or by

the fire department or a fire company thereof for the furnishing of fire

protection to an area outside the city. 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. 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 city

13. Any person:

(1) who was recognized prior to the first day of January, two thousand

eleven, as a volunteer member of any fire company of a city subject to

the provisions of this section by the governing board or board of fire

commissioners of the city 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 city or of territory outside the city which was afforded

fire protection by the fire department of the city, 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 subdivision 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 governing

board, 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 governing board 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 such 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 fire

commissioners or declared invalid by a court of competent jurisdiction

prior to the first day of January, two thousand eleven.

14. (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.