N.Y. Town Law § 174: Fire district officers

§ 174. Fire district officers. 1. Whenever a fire district shall be

established, within ten days thereafter the town board of the town in

which such district is located or, in the case of a district including

territory in two or more towns, the town boards of such towns acting

jointly by a majority vote of the members of each of such town boards,

shall appoint five fire district commissioners and a treasurer for such

district who shall hold their respective offices until the thirty-first

day of December next succeeding; provided, however, that if such

district be established subsequent to the first day of October in any

year, the officers so appointed by the town board shall hold office

until the thirty-first day of December of the next succeeding calendar

year. A person so appointed as fire district commissioner shall not

serve as chief or assistant chief of the fire district fire department

after taking his oath of office as such commissioner and during the time

he serves as such commissioner pursuant to such appointment. The town

clerk shall immediately notify the appointees of their appointment and

of the time and place which he shall fix for the organization meeting of

the board of fire commissioners, which meeting shall be held not later

than ten days after the appointment of said officers. At such

organization meeting, the treasurer shall preside until such time as a

chairman of the board of fire commissioners shall be chosen, but such

treasurer shall not be entitled to a vote at such meeting. The board of

fire commissioners shall appoint a secretary who shall hold office until

the thirty-first day of December following the first election of fire

district officers.

2. The first election of fire district officers shall be held on the

second Tuesday in December next succeeding the establishment or

consolidation of such fire district; provided, however, that if such

district be established at a time subsequent to the first day of October

in any year, the first election of fire district officers shall be held

on the second Tuesday in the month of December of the next succeeding

calendar year. At the first annual election of fire district officers,

five district commissioners shall be elected and a treasurer. Every

registered fire district voter shall be entitled to cast one vote for

each vacant position on a board of fire commissioners to be filled in

the first annual election of fire district officers. The person

receiving the greatest number of votes for the office of fire

commissioner shall be elected for a term of five years; the person

receiving the second highest number of votes shall be elected for a term

of four years; the person receiving the third highest number of votes

shall be elected for a term of three years; the person receiving the

fourth highest number of votes shall be elected for a term of two years

and the person receiving the fifth highest number of votes shall be

elected for a term of one year. In the event that two persons shall

receive the same number of votes the terms of office shall be decided by

lot. At each subsequent election of fire district officers a

commissioner shall be elected for the full term of five years. In the

event that two or more persons receive the same number of votes thereat,

a special election between the tying parties receiving the highest

number of votes to fill the vacancy shall be held within forty-five days

after such election. The fire district treasurer shall be elected for a

term of three years. The fire district secretary shall be appointed by

the fire district commissioners and shall serve for a period of one

year. The fire district secretary in office at the time such election is

held shall immediately notify the officers elected of their election and

that an organization meeting will be held on the day specified in said

notice, which shall not be later than the fifteenth day of January next

ensuing. At such organization meeting, the treasurer shall preside until

such time as a chairperson of the board of fire commissioners shall be

chosen, but such treasurer shall not be entitled to a vote at such

meeting.

2-a. The fire district commissioners may adopt a resolution

establishing the office of director of purchasing and appoint a director

of purchasing who shall serve for a term, not to exceed five years, to

be fixed by the fire district commissioners. If the fire district

commissioners so determine, the duties of the director of purchasing may

be combined with the duties of any other fire district officer or

employee except members of the board of fire district commissioners and

the fire district treasurer. The fire commissioners of any fire district

in which the office of director of purchasing shall have been

established may adopt a resolution abolishing such office, and upon the

expiration of the term of office of the incumbent or such other time as

may be set forth in the resolution, such office shall be abolished and

no successor shall be appointed.

3. The fire district commissioners shall receive no compensation for

their services, but a commissioner acting as secretary of the fire

district may be compensated. The fire district secretary shall receive

such compensation as the fire district commissioners may determine, but

if the secretary be a member of the board of fire commissioners his

compensation shall be fixed by the other members of the board. The fire

district treasurer and the director of purchasing, when such office has

been established, shall receive such compensation as the fire district

commissioners may determine. Each fire district treasurer, each

secretary in fire districts having a separate secretary, and each

director of purchasing, when such office has been established, shall

before entering upon the duties of his office take the constitutional

oath of office and file the same with the town clerk of the town or one

of the towns in which such fire district is located. The treasurer of

each fire district shall before entering upon the duties of his office,

execute and file with the town clerk of the town or one of the towns in

which such fire district is located, an official undertaking,

conditioned for the faithful performance of his duties and that he will

and truly keep, pay over and account for all moneys of the fire district

coming into his hands as treasurer of the fire district. The undertaking

shall be in such form, in such sum and with such sureties as the fire

commissioners shall direct and approve and such approval shall be

indicated upon such undertaking. The fire commissioners of any fire

district may require the director of purchasing, when such office has

been established, before entering upon the duties of that office, to

execute and file with the town clerk of the town or one of the towns in

which such fire district is located, an undertaking, conditioned for the

faithful performance of his duties and for a due accounting of all

property that may come under his care, custody and control. Such

undertaking shall be in such form, in such sum and with such sureties as

the fire commissioners shall direct and approve and such approval shall

be indicated upon such undertaking.

4. The fire district treasurer or any commissioner of the fire

district, whenever so appointed, may also act as fire district

secretary. When the position of fire district treasurer or fire district

secretary is appointive, and in the case of the director of purchasing,

when such office has been established, and if no qualified resident of

the district is willing to perform the duties of fire district

treasurer, fire district secretary or director of purchasing, a person

who is a nonresident of such fire district may be appointed as fire

district treasurer, fire district secretary or director of purchasing. A

person shall not hold the offices of fire district commissioner and fire

district treasurer at the same time. A person shall not hold the office

of fire district commissioner and the office of chief or assistant chief

of the fire department of the fire district at the same time.

Notwithstanding any inconsistent provision of law, a person who is a

fire district commissioner, may, if he is otherwise qualified, be a

candidate for nomination, and may be nominated by the fire district fire

department, for the office of chief or any assistant chief of the fire

department, but only if such commissioner has filed with the fire

district secretary at least five days, but not more than ten days,

before the meeting of the fire department at which any such nomination

would be made a written notice that he will be a candidate for such

nomination. If a fire district commissioner is a candidate for

nomination for any such office in the fire department and he is duly

nominated for such office at a meeting of the fire department, he shall

forthwith cease to be a fire district commissioner and his office as

such commissioner shall thereupon become vacant. If a fire district

commissioner is a candidate for nomination for any such office in the

fire department and he is defeated for such nomination at the meeting of

the fire department, he shall not participate in any vote of the board

of fire commissioners in relation to the appointment of the successful

nominee to the office for which such commissioner and such successful

nominee were opposing candidates.

Notwithstanding any inconsistent provision of law, a person who is the

chief or an assistant chief of the fire district fire department, if he

is otherwise qualified, may be elected to the office of fire district

commissioner or may be appointed to the office of fire district

commissioner to fill a vacancy and, if he is so elected or appointed,

his office as chief or assistant chief, as the case maybe, shall become

vacant upon his taking his oath of office as fire district commissioner.

5. A person who has been convicted of arson in any degree shall not be

eligible for nomination, election or appointment to the office of fire

district commissioner or fire district officer.

6. Each commissioner of a fire district before entering upon the

duties of his office, shall take the constitutional oath of office and

file the same with the town clerk of the town or one of the towns in

which such fire district is located.

7. A fire district is a political subdivision of the state and a

district corporation within the meaning of section three of the general

corporation law. The officers and employees of a fire district,

including the paid and volunteer members of the fire department thereof,

are officers and employees of such fire district and are not officers or

employees of any other political subdivision.