§ 10-1006 — Volunteer members of village fire companies

§ 10-1006 Volunteer members of village fire companies. 1. The\nvolunteer members of a fire company shall be elected and appointed as\nprovided in this section.\n 2. The board of fire commissioners shall appoint residents of the\nvillage as the volunteer members of any newly organized fire company.\nThereafter, the fire company may elect other eligible persons, including\nvillage officers, as volunteer members. The election shall be pursuant\nto the by-laws, if any, of the fire company; otherwise, by a\nthree-fourths vote of the members of the fire company present and voting\nat a regular or special meeting thereof. The membership of any person so\nelected shall become effective when approved by resolution of the board\nof fire commissioners. Membership shall be deemed to have been approved\npursuant to this subdivision in the event that no action is taken by the\nboard of fire commissioners, either approving or disapproving, within\nforty days after servce of written notice of election to membership\nshall have been made by the secretary of the fire company upon the\nvillage clerk, either personally or by mail.\n 3. Any person elected to membership as a volunteer member as a fire\ncompany shall be a resident of the village or of territory outside the\nvillage which is afforded fire protection by the fire department of the\nvillage, or any fire company thereof, pursuant to a contract for fire\nprotection, except as otherwise provided in subdivision six.\n 4. The membership of a volunteer member of a fire company shall\nterminate when he ceases to be a resident of the village or of any\nterritory outside the village which is afforded fire protection but the\nfire department of the village, or any fire company thereof, pursuant to\na contract for fire protection, except as otherwise provided in\nsubdivision five.\n 5. Any fire company may authorize the continued membership of any\nvolunteer member where such member notifies the secretary of his or her\nfire company (a) that he or she plans to change his or her residence to\nterritory which is not in the village and is not protected by the fire\ndepartment of the village, or any fire company thereof, pursuant to a\ncontract for fire protection, and (b) that by reason of his or her\nresidence in the vicinity or his or her usual occupation he or she will\nbe available to render active service as a volunteer firefighter in the\nvillage or in territory outside the village which is afforded fire\nprotection pursuant to a contract for fire protection by the fire\ndepartment of the village, or a fire company thereof. Such authorization\nshall be pursuant to the by-laws, if any, of the fire company of which\nhe or she is a member, otherwise by a three-fourths vote of the members\nof such fire company present and voting at a regular or special meeting\nthereof. Such authorization shall not become effective unless approved\nby resolution of the board of fire commissioners. Such authorization\nshall be deemed to have been approved pursuant to this subdivision in\nthe event that no action is taken by the board of fire commissioners,\neither approving or disapproving, within forty days after service of\nwritten notice of such authorization shall have been made by the\nsecretary of the fire company upon the village clerk, either personally\nor by mail. Any membership continued pursuant to the provisions of this\nsubdivision shall terminate when the member cannot meet either the\nrequirements of this subdivision or the residence requirements of\nsubdivision three of this section. In the case of a village which\nadjoins another state, the term "vicinity", as used in this subdivision,\nincludes territory in this state and territory in the adjoining state.\n 6. A person who cannot meet the residence requirements of subdivision\nthree of this section may be elected to membership as a volunteer member\nof any fire company of the fire department if by reason of his or her\nresidence in the vicinity or his or her usual occupation he or she will\nbe available to render active service as a volunteer firefighter in the\nvillage or in territory which is afforded fire protection pursuant to a\ncontract for fire protection by the fire department of the village or a\nfire company thereof. Such election shall be pursuant to the by-laws, if\nany, of the fire company; otherwise by a three-fourths vote of the\nmembers of the fire company present and voting at a regular or special\nmeeting thereof. The membership of any person so elected shall not\nbecome effective unless approved by resolution of the board of fire\ncommissioners. Membership shall be deemed to have been approved pursuant\nto this subdivision in the event that no action is taken by the board of\nfire commissioners, either approving or disapproving, within seventy\ndays after service of written notice of election to membership shall\nhave been made by the secretary of the fire company upon the village\nclerk, either personally or by mail. The membership of any volunteer\nmember elected pursuant to the provisions of this subdivision shall\nterminate when the member cannot meet either the requirements of this\nsubdivision or the residence requirements of subdivision three of this\nsection. In the case of a village which adjoins another state, the term\n"vicinity", as used in this subdivision, includes territory in this\nstate and territory in the adjoining state.\n 7. The membership of any volunteer firefighter shall not be continued\npursuant to subdivision five of this section, and persons shall not be\nelected to membership pursuant to subdivision six of this section, if,\nby so doing, the percentage of such non-resident members in the fire\ncompany would exceed forty-five per centum of the actual membership of\nthe fire company, provided however, that the provisions of this\nsubdivision shall not apply to the membership of the village of Blasdell\nvolunteer fire department, provided however, that the provisions of this\nsubdivision shall not apply to the membership of the village of Delanson\nvolunteer fire company in the village of Delanson, county of\nSchenectady, provided however, that the provisions of this subdivision\nshall not apply to membership of the village of Port Dickinson Fire\nDepartment, within the village of Port Dickinson, Broome County,\nprovided however, that the provisions of this subdivision shall not\napply to the membership of the village of Briarcliff Manor fire\ndepartment, within the village of Briarcliff Manor, county of\nWestchester, provided however, that the provisions of this subdivision\nshall not apply to the membership of the village of Ardsley volunteer\nfire department, within the village of Ardsley, county of Westchester,\nprovided however, that the provisions of this subdivision shall not\napply to the membership of the Buchanan Engine Company No. 1, within the\nvillage of Buchanan, county of Westchester.\n 8. The board of trustees, or the board of fire commissioners subject\nto approval of the board of trustees, by resolution may restrict the\nmembership of volunteer members in any or all of the fire companies of\nthe fire department to residents of the village. Any volunteer member\nwho then resides in territory outside the village shall cease to be a\nmember of any fire company to which the restriction is applicable unless\nthe resolution provides that his membership shall continue during the\nexistence of any contract for fire protection to such territory by his\ncompany or the fire department or during the period in which he may\ncontinue to meet the requirements of subdivision three, five or six.\n 9. Residents of outside territory protected pursuant to a contract for\nfire protection who have been elected to volunteer membership, and\nnon-residents whose volunteer memberships have been continued or\nauthorized pursuant to subdivision five or six of this section, shall\nhave all the powers, duties, immunities, and privileges of resident\nvolunteer members, except (1) non-residents of the state may not be\nappointed or elected to any office in the fire company or fire\ndepartment, and (2) a non-resident of this state whose membership has\nbeen continued pursuant to subdivision five of this section, or a\nnon-resident of this state who was elected to membership pursuant to\nsubdivision six of this section, shall not be considered to be\nperforming any firemanic duty, or to be engaged in any firemanic\nactivity, as a member of the fire company while he or she is outside of\nthis state unless and until he or she has first reported to the officer\nor firefighter in command of his or her fire department, or any company,\nsquad or other unit thereof, engaged or to be engaged in rendering\nservice outside this state, or has received orders or authorization from\nan officer of the fire department or fire company to participate in or\nattend authorized activities outside of this state in the same manner as\nresident members of the fire company.\n 10. A person shall not be eligible to volunteer membership in more\nthan one fire company at one time.\n 11. The term "contract for fire protection" as used in this section\nmeans one under which a cash consideration is received by the village or\nby the fire department or a fire company thereof for the furnishing of\nfire protection to an area outside the village. Any such contract shall\nbe deemed in full force and effect for the purposes of this section if\nnegotiations are pending for the renewal thereof.\n 12. In a village where there is no board of fire commissioners, the\nboard of trustees shall have the powers and perform the duties of such\nboard which are prescribed in this section.\n 13. The provisions of this section shall not be deemed to authorize\nthe election of any person as a member of a fire company or the\ncontinuance of membership in a fire company as herein provided if such\nelection or continuance of membership shall be contrary to the by-laws,\nrules or regulations of the fire company or of the fire department of\nthe village.\n 14. A village may not adopt a local law changing, amending or\nsuperseding this section.\n 15. Any person:\n (1) who was recognized prior to the first day of July, nineteen\nhundred fifty-four, as a volunteer member of any fire company of a\nvillage subject to the provisions of this article by the board of\ntrustees or board of fire commissioners of the village or by the\nofficers and members of his fire company, and\n (2) who rendered active service with such fire company prior to such\ndate, and\n (3) who was, at the time of his or her nomination for membership, a\nresident of the village or of territory outside of the village which was\nafforded fire protection by the fire department of the village, or any\nfire company thereof, pursuant to a contract for fire protection, shall\nfor all purposes in law be considered to have been duly nominated and\nappointed to membership in such fire company as of the date of such\nappointment, if any, and, if none, then as of the date of such\nnomination; notwithstanding that there may have been some legal defect\nin such nomination, or the proceedings precedent thereto, or a failure\nof the board of fire commissioners or board of trustees to appoint such\nmember, as provided by law in force at the time of such nomination, and\nthe status of such person as a volunteer firefighter as of the date of\nsuch appointment or nomination is hereby legalized, validated and\nconfirmed. An election to membership in a fire company shall be deemed\nequivalent to a nomination for membership for the purposes of this\nsubdivision in the event that a formal nomination for membership was\nnever presented to a board of fire commissioners or board of trustees as\nprovided by the law in force prior to the first day of July, nineteen\nhundred fifty-four, and, for the purposes of this subdivision, such\nelection, and the proceedings precedent thereto, shall be considered to\nhave been held and conducted in the manner required by law. This\nsubdivision shall not apply to a person, if any, whose volunteer\nmembership in a fire company was declared invalid by a court of\ncompetent jurisdiction prior to the first day of January, nineteen\nhundred fifty-five.\n 16. Any person:\n (1) who was recognized on and after the first day of July, nineteen\nhundred fifty-four and prior to the first day of January, two thousand\neleven, as a volunteer member of any fire company of a village subject\nto the provisions of this article by the board of trustees or board of\nfire commissioners of the village or by the officers and members of his\nfire company, and\n (2) who rendered active service with such fire company between such\ndates, and\n (3) who was, at the time of his or her election to membership, a\nresident of the village or of territory outside the village which was\nafforded fire protection by the fire department of the village, or any\nfire company thereof, pursuant to a contract for fire protection, or who\nwas a non-resident who was elected to membership or who was continued as\na member, pursuant to the provisions of subdivisions five or six of this\nsection, shall for all purposes in law be considered to have been duly\nelected and approved, or continued, as a member in such fire company as\nof the date of such approval, if any, and, if none, then as of the date\nof such election or, in the case of a continuance, as of the date of the\napproval, if any, by the board of fire commissioners or the board of\ntrustees, and, if none, as of the date of authorization of continuance\nby the fire company; notwithstanding that there may have been some legal\ndefect in such election, or the proceedings precedent thereto, or a\nfailure of the board of fire commissioners or board of trustees to\napprove such member, or approve the continuance of membership of such\nmember, as provided by the law in force at the time of such election, or\ncontinuance, and the status of such person as a volunteer firefighter as\nof the date is hereby legalized, validated and confirmed. This\nsubdivision shall not apply to a person, if any, whose volunteer\nmembership in a fire company was disapproved by the board of trustees or\nboard of fire commissioners or declared invalid by a court of competent\njurisdiction prior to the first day of January, two thousand eleven.\n 17. (a) It shall be an unlawful discriminatory practice for any\nvolunteer fire department or fire company, through any member or members\nthereof, officers, board of fire commissioners or other body or office\nhaving power of appointment of volunteer firefighters in any fire\ndepartment or fire company pursuant to this section, because of the\nrace, creed, color, national origin, sex or marital status of any\nindividual, to exclude or to expel from its volunteer membership such\nindividual, or to discriminate against any of its members because of the\nrace, creed, color, national origin, sex or marital status of such\nvolunteer members.\n (b) Any person claiming to be aggrieved by an unlawful discriminatory\npractice pursuant to this section may by himself or his attorney at law\nmake, sign and file with the state division of human rights, a verified\ncomplaint which shall set forth the particulars of the alleged unlawful\ndiscriminatory practice and contain such other information as the\ndivision of human rights may require. The division shall thereupon cause\nto be made an investigation and disposition of the charges pursuant to\nthe provisions of article fifteen of the executive law.\n 18. A person who has been convicted of arson in any degree shall not\nbe eligible to be elected or appointed as a volunteer member of a fire\ncompany. The membership of any volunteer member of a fire company shall\nimmediately terminate if he is convicted of arson in any degree while a\nmember of a fire company.\n 19. Upon application by any person for membership in a fire company\noperating pursuant to this section, the fire chief shall cause the\napplicant's background to be checked pursuant to section eight hundred\nthirty-seven-o of the executive law for a criminal history involving a\nconviction for arson and conviction of a crime which requires the person\nto register as a sex offender under article six-C of the correction law.\nWhere such criminal history information includes conviction of a crime\nwhich requires the person to register as a sex offender under article\nsix-C of the correction law, a fire company shall determine whether or\nnot such person shall be eligible to be elected or appointed as a\nvolunteer member of such fire company. Such determination shall be made\nin accordance with the criteria established in sections seven hundred\nfifty-two and seven hundred fifty-three of the correction law.\n