N.Y. Village Law § 10-1006: Volunteer members of village fire companies

§ 10-1006 Volunteer members of village fire companies. 1. The

volunteer members of a fire company shall be elected and appointed as

provided in this section.

2. The board of fire commissioners shall appoint residents of the

village as the volunteer members of any newly organized fire company.

Thereafter, the fire company may elect other eligible persons, including

village 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. Membership shall be deemed to have been approved

pursuant to this subdivision in the event that no action is taken by the

board of fire commissioners, either approving or disapproving, within

forty days after servce of written notice of election to membership

shall have been made by the secretary of the fire company upon the

village clerk, either personally or by mail.

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

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

village which is afforded fire protection by the fire department of the

village, 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 village or of any

territory outside the village which is afforded fire protection but the

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

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

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

village or in territory outside the village which is afforded fire

protection pursuant to a contract for fire protection by the fire

department of the village, 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. Such authorization

shall be deemed to have been approved pursuant to this subdivision in

the event that no action is taken by the board of fire commissioners,

either approving or disapproving, within forty days after service of

written notice of such authorization shall have been made by the

secretary of the fire company upon the village clerk, either personally

or by mail. 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 of this section. In the case of a village 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 or his or her usual occupation he or she will

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

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

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

fire company thereof. Such 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 not

become effective unless approved by resolution of the board of fire

commissioners. Membership shall be deemed to have been approved pursuant

to this subdivision in the event that no action is taken by the board of

fire commissioners, either approving or disapproving, within seventy

days after service of written notice of election to membership shall

have been made by the secretary of the fire company upon the village

clerk, either personally or by mail. 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 of this

section. In the case of a village 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, provided however, that the provisions of this

subdivision shall not apply to the membership of the village of Blasdell

volunteer fire department, provided however, that the provisions of this

subdivision shall not apply to the membership of the village of Delanson

volunteer fire company in the village of Delanson, county of

Schenectady, provided however, that the provisions of this subdivision

shall not apply to membership of the village of Port Dickinson Fire

Department, within the village of Port Dickinson, Broome County,

provided however, that the provisions of this subdivision shall not

apply to the membership of the village of Briarcliff Manor fire

department, within the village of Briarcliff Manor, county of

Westchester, provided however, that the provisions of this subdivision

shall not apply to the membership of the village of Ardsley volunteer

fire department, within the village of Ardsley, county of Westchester,

provided however, that the provisions of this subdivision shall not

apply to the membership of the Buchanan Engine Company No. 1, within the

village of Buchanan, county of Westchester.

8. The board of trustees, or the board of fire commissioners subject

to approval of the board of trustees, 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 village. Any volunteer member

who then resides in territory outside the village 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 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 continued or

authorized pursuant to subdivision five or six of this section, shall

have all the powers, duties, immunities, and privileges of resident

volunteer members, except (1) non-residents of the state may not be

appointed or elected to any office in the fire company or fire

department, and (2) 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 village or

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

fire protection to an area outside the village. 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. In a village where there is no board of fire commissioners, the

board of trustees shall have the powers and perform the duties of such

board which are prescribed in this section.

13. 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 village.

14. A village may not adopt a local law changing, amending or

superseding this section.

15. Any person:

(1) who was recognized prior to the first day of July, nineteen

hundred fifty-four, as a volunteer member of any fire company of a

village subject to the provisions of this article by the board of

trustees or board of fire commissioners of the village or by the

officers and members of his fire company, and

(2) who rendered active service with such fire company prior to such

date, and

(3) who was, at the time of his or her nomination for membership, a

resident of the village or of territory outside of the village which was

afforded fire protection by the fire department of the village, or any

fire company thereof, pursuant to a contract for fire protection, shall

for all purposes in law be considered to have been duly nominated and

appointed to membership in such fire company as of the date of such

appointment, if any, and, if none, then as of the date of such

nomination; notwithstanding that there may have been some legal defect

in such nomination, or the proceedings precedent thereto, or a failure

of the board of fire commissioners or board of trustees to appoint such

member, as provided by law in force at the time of such nomination, and

the status of such person as a volunteer firefighter as of the date of

such appointment or nomination is hereby legalized, validated and

confirmed. An election to membership in a fire company shall be deemed

equivalent to a nomination for membership for the purposes of this

subdivision in the event that a formal nomination for membership was

never presented to a board of fire commissioners or board of trustees as

provided by the law in force prior to the first day of July, nineteen

hundred fifty-four, and, for the purposes of this subdivision, such

election, and the proceedings precedent thereto, shall be considered to

have been held and conducted in the manner required by law. This

subdivision shall not apply to a person, if any, whose volunteer

membership in a fire company was declared invalid by a court of

competent jurisdiction prior to the first day of January, nineteen

hundred fifty-five.

16. Any person:

(1) who was recognized on and after the first day of July, nineteen

hundred fifty-four and prior to the first day of January, two thousand

eleven, as a volunteer member of any fire company of a village subject

to the provisions of this article by the board of trustees or board of

fire commissioners of the village 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 village or of territory outside the village which was

afforded fire protection by the fire department of the village, 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 subdivisions 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 board of

trustees, 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 board of trustees 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 the 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 trustees or

board of fire commissioners or declared invalid by a court of competent

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

17. (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.

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

be eligible to be elected or appointed as a volunteer member of a fire

company. The membership of any volunteer member of a fire company shall

immediately terminate if he is convicted of arson in any degree while a

member of a fire company.

19. Upon application by any person for membership in a fire company

operating pursuant to this section, the fire chief shall cause the

applicant's background to be checked pursuant to section eight hundred

thirty-seven-o of the executive law for a criminal history involving a

conviction for arson and conviction of a crime which requires the person

to register as a sex offender under article six-C of the correction law.

Where such criminal history information includes conviction of a crime

which requires the person to register as a sex offender under article

six-C of the correction law, a fire company shall determine whether or

not such person shall be eligible to be elected or appointed as a

volunteer member of such fire company. Such determination shall be made

in accordance with the criteria established in sections seven hundred

fifty-two and seven hundred fifty-three of the correction law.