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 fire company (a) that he plans to change his 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 residence in the vicinity or his usual occupation he will be available to render active service as a volunteer fireman 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 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. 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 may be elected to membership as a volunteer member of any fire company of the fire department if by reason of his residence in the vicinity or his usual occupation he will be available to render activeservice as a volunteer fireman 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. 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 fireman shall not be continued pursuant to subdivision five, and persons shall not be elected to membership pursuant to subdivision six, 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 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, 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, 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 is outside of this state unless and until he has first reported to the officer or fireman in command of his 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 offire 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 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 fireman 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 three, 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 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 companythereof, 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 fireman 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 three. 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 firemen 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.