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New
York Fire District Officers' Guide |
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Table of Contents
Chapter 1 §1:10 The Fire District as a Political Subdivision §1:20 The Board of Fire Commissioners §1:20.1 Term of Office §1:20.2 Qualifications of Fire District Officers §1:20.3 Recusal and Incompatible Positions §1:20.3.1 Incompatible Positions §1:20.3.2 Recusal From Voting §1:30 Vacancies on the Board §1:30.1 Resignations §1:30.1.1 Effective Date of Resignation §1:30.2 Felony Conviction of a Member of the Board of Fire Commissioners §1:30.3 Arson Conviction §1:30.4 Oath of Office §1:30.5 Filing of Oath §1:30.6 Powers and Duties of Fire District Commissioners §1:30.6.1 Meetings §1:30.6.2 Operation of Board of Fire Commissioners §1:30.6.3 Fiscal Responsibilities §1:30.6.4 Overseeing the Fire Companies and Department §1:30.7 Chairman of Board of Fire Commissioners §1:30.8 Other Fire District Officers §1:30.8.1 Treasurer §1:30.8.2 Secretary §1:30.9 Office of the Director of Purchasing §1:30.9.1 Creation of the Office §1:30.9.2 Duties of the Office §1:30.9.3 Abolishing the Office §1:30.9.4 Compensation for the Director of Purchasing §1:30.9.5 Bonding the Director of Purchasing §1:30.9.6 Appointment of a Non-District Resident §1:30.9.7 Powers and Duties of the Director of Purchasing §1:30.10 Fire District Counsel §1:40 Ethics §1:40.1 Contents of the Code of Ethics §1:40.1.1 Distribution of the Code of Ethics §1:40.1.1.1 Posting of the Code of Ethics §1:40.1.1.2 The Model Code §1:40.1.2 Ethical Problems §1:40.1.2.1 Interest in Contracts §1:40.1.2.2 Acknowledgment of a Conflict §1:40.1.2.3 Investments §1:40.1.2.4 Disclosure of Confidential Information §1:40.1.2.5 Filing of Annual Statement of Financial Disclosure §1:40.1.2.6 Receipt of a Gift §1:40.1.2.7 Guidance §1:40.1.3 Training for Fire District Commissioners §1:50 Comptroller’s Responsibilities Form 1-1: Oath of Office, Fire District Commissioner Form 1-2: Oath of Office, Fire District Treasurer Form 1-3: Oath of Office, Fire District Secretary Form 1-4: Resolution—Defense and Indemnification of Fire District Officers, Town Law Section 18 Form 1-5: Sample Code of Ethics Form 1-6: Acknowledgement of Receipt of Code of Ethics Form 1-7: Sample Annual Statement of Financial Disclosure Form Form 1-8: Notice of Application to Attorney General—Ousting Fire District Commissioner Form 1-9: Petition: Ousting Fire District Commissioner Form 1-10: The ABC’s of the Powers and Duties of Fire District Commissioners Form 1-11: Resolution for Creation of Position of Director of Purchasing Form 1-12: Letter—Disclosure of Interest
Chapter 2 §2:10 The Organizational Meeting §2:10.1 Date §2:10.2 Date Chosen §2:10.3 Presiding Officer §2:10.4 Oath §2:20 Appointment of Fire District Officers §2:20.1 Chairman §2:20.2 Secretary §2:20.3 Treasurer §2:20.3.1 Duties §2:20.3.2 Surety Bond §2:20.3.3 Filing of Undertaking §2:30 Required Designations §2:30.1 Designation of the Official Newspaper §2:30.2 Designation of Official Banks or Trust Companies to Deposit District Funds §2:30.3 Designation of Board Meeting Dates and Times and Media Notification §2:30.4 Association Memberships and Dues §2:30.5 Re-Examination of Leases and Contracts §2:30.6 Review of Fire District Policies §2:30.7 Establish Working Committees §2:40 Regular Montly Meeting of the Board of Fire Commissioners §2:40.1 Conduct of the Meeting of the Board of Fire Commissioners §2:40.1.1 Open Meetings Law §2:40.1.2 Executive Session §2:40.1.3 Regular Meeting Minutes §2:40.1.4 Workshop Sessions §2:40.1.5 Public Notice of Meetings §2:40.1.6 Accessibility to Meetings §2:40.2 Conducting Meetings of the Board of Fire Commissioners §2:40.2.1 Place of the Meeting §2:40.2.2 Public Participation §2:40.2.2.1 Engaging in Debate §2:40.2.2.2 Asking and Answering Questions §2:40.2.3 Recording Devices at Board Meetings §2:40.2.4 Tape Recordings of Board Meeting Allowed §2:40.2.5 Security Measures §2:40.2.6 Voting by Members of the Board of Fire Commissioners §2:40.2.6.1 By Phone §2:40.2.6.2 Recording Votes §2:40.2.6.3 Physical Presence of Board Member Required §2:40.3 Quorum Requirements for Meeting of Board of Fire Commissioners §2:40.3.1 Conference Call Is Not Attendance at a Board Meeting Form 2-1: Notification to Media of Organizational Meeting Form 2-2: Organizational Meeting Checklist Form 2-3: Resolution for Fire District Treasurer to Pay Claims in Advance of Audit Form 2-4: Resolution for Fire District Treasurer Is to Pay Only Verified or Certified Claim Form 2-5: Sample Minutes of the Organizational Meeting Form 2-6: Audio and Video Recording Policy for the Fire District Form 2-7: Policy for Public Meetings Form 2-8: Procedure for Public Hearings
Chapter 3 §3:10 Annual Fire District Elections for Commissioner §3:10.1 Date of Annual Election §3:10.2 Legal Notice of Annual Election §3:10.3 Dates for Publication of The Notice of Elections §3:10.4 Posting of the Notice of Election §3:10.4.1 Website Posting §3:10.4.2 Signboard Posting §3:10.4.3 Posting on the Town or Village Website §3:10.4.4 Posting on the Town Clerk’s Signboard—Town Law Section 30 (6) §3:10.5 Place of Election §3:10.6 Polling Hours §3:10.7 Ballots §3:10.8 Petitions for Candidates for Elective Office §3:10.9 Voters’ Qualifications §3:10.10 Voter’s Residence §3:10.11 Additional Personal Registration §3:10.12 Fire District Register §3:10.13 Designation of Fire District Election Inspectors §3:10.14 Salaries §3:10.15 Qualification to Hold Office §3:10.16 Tied Votes §3:10.17 Special Fire District Elections §3:10.18 Permissive Referendum §3:10.18.1 Publication of the Notice of the Resolution §3:10.18.2 Effective Date of Resolution Protest Petition §3:10.18.3 Special Election on Petition §3:10.18.4 Submission of Resolution §3:10.19 Absentee Ballots §3:10.19.1 Resolution §3:10.19.2 Application for Absentee Ballot §3:10.19.3 Contents of Application §3:10.19.4 Procedure Upon Receipt of Application §3:10.19.5 Format of Ballots §3:10.19.6 Envelopes for Absentee Ballots §3:10.19.6.1 Front Side of Envelope §3:10.19.6.2 Instructions §3:10.19.6.3 Reverse Side of Envelope §3:10.19.7 List of Absentee Voters §3:10.19.7.1 Challenges §3:10.19.7.2 Posting of Absentee Voter List on Election Day §3:10.19.8 Canvass of Absentee Ballots §3:10.19.8.1 Objection §3:10.19.9 Number of Absentee Ballots Form 3-1: Notice of Annual Election Form 3-2: Resolution for the Use of Absentee Ballots Form 3-3: Notice of Permissive Referendum Form 3-4: Back Side for Absentee Ballot Form 3-5: Front Side of Envelope for Absentee Ballot Form 3-6: Reverse Side of the Absentee Ballot Envelope Form 3-7: Application for Absentee Ballot Form 3-8: Sample Paper Ballot for Vote for Two Commissioners Form 3-9: Legal Notice for Annual Election Form 3-10: Annual Fire District Election Calendar Form 3-11: Special Election Calendar Worksheet Form 3-12: Affidavit of Fire District Secretary Compliance With Posting Requirements (Town Law Section 175-C) Form 3-13: Legal Notice for Special Election Form 3-14: Letter to Town Clerk Enclosing Notice of Elections (Town Law Section 175-C) Form 3-15: Affidavit of Town Clerk Posting for Elections (Town Law Section 175-C)
Chapter 4 §4:10 Term of Office §4:20 Fire District Secretary §4:20.1 Custody and Inspection of Public Records (Arts and Cultural Law Section 57.19) §4:20.2 Records Management §4:20.3 Compensation §4:20.4 Notification of Regular Meetings §4:30 Fire District Treasurer §4:30.1 Elective Position §4:30.2 Changing the Position of Treasurer From Elective to Appointive §4:30.3 Changing the Position of Treasurer From Appointive to Elective §4:30.4 Expenditure of Funds §4:30.5 Financial Records and Annual Financial Reports §4:30.6 Documentation §4:30.7 Filing the Annual Financial Report §4:30.8 Cancelled Checks §4:30.9 Unpaid Checks §4:30.10 Audit of Claims §4:30.11 Petty Cash Fund §4:30.12 Deputy Fire District Treasurer §4:30.13 Depositing and Investing Fire District Funds §4:30.14 Foreign Fire Insurance Tax §4:30.15 Investment Policy §4:30.16 Cooperative Investments §4:30.17 Donation to a Firefighter Museum §4:30.18 Membership Dues §4:30.19 Fire Education §4:30.20 Collateralization Requirement §4:30.21 Electronic or Wire Transfers (General Municipal Law Section 5-A) §4:40 Board of Fire Commissioners Responsibilities §4:40.1 Oversite Over District Finances §4:40.2 Annual Audit §4:40.3 Bonding of Fire District Treasurer §4:40.4 Bank Reconciliation §4:40.5 Current Financial Records §4:40.6 Receipt of Canceled Checks §4:40.7 Interim Financial Reports §4:40.8 Need for Credit Card Procedures §4:40.9 Timely Bank Deposits §4:40.10 Expenses Incurred to Inspect a New Fire Engine §4:40.11 Dinner After Meeting a Valid District Expense Form 4-1: Sample Investment Policy Form 4-2: Notice of Regular Meetings Form 4-3: Resolution to Make a Fire District Treasurer Appointive Form 4-4: ABC’s of the Fire District Secretary Form 4-5: ABC’s of Fire District Treasurer Form 4-6: Resolution of Authorization to Submit the Annual Report in Lieu of Annual Statement Form 4-7: ABC’s of the Office of the Director of Purchasing
Chapter 5 §5:10 Rules and Regulations §5:10.1 Limitations of Rules and Regulations (Town Law Section 176 (11)) §5:10.1.1 Company or Department By-Laws §5:10.1.2 Duties of Chief Officers §5:10.2 Topics of Rules and Regulations §5:10.2.1 Membership §5:10.2.2 Duties of Firemen §5:10.2.3 Annual Meeting §5:10.2.4 Parades, Inspections and Reviews §5:10.2.5 Disciplinary Procedures §5:10.2.6 Use of Chief’s Car §5:10.2.7 Conclusion §5:20 Conventions, Meetings, Schools and Conferences §5:30 State Aid for Extraordinary Fire Fighting Costs on State-Owned Property §5:40 Fire Prevention and Control Act §5:50 Location of Hazardous Material—Duties of Fire Chief §5:50.1 Reporting Exemptions §5:60 Funerals §5:70 Occupational Safety and Health Act §5:80 Organizational Statement §5:90 Physical Fitness and Physical Examination §5:100 Training and Education (29 C.F.R. Section 1910.156 (c)) §5:110 Firefighting Equipment (29 C.F.R. Section 1910.15 (d)) §5:120 OSHA Reporting and Record Keeping Requirements §5:130 New York State Uniform Fire Prevention and Building Code §5:140 Regent’s Awards §5:150 Actions and Proceedings Against Fire Districts (Town Law Section 180) §5:150.1 Statute of Limitations §5:160 Reimbursement for Expenses and Lost Wages (General Municipal Law Section 72-O) §5:170 Solid Fuel Burning Appliances and Fireplaces §5:170.1 Temporary Certificates §5:180 Volunteer Firefighters’ Expenses (General Municipal Law Section 72-O) §5:180.1 Expenses of Volunteer Firefighters Attending Training Schools and Instruction Courses §5:180.2 Out-of-County Training §5:180.3 Out-of-State Training §5:180.4 Notification requirement §5:180.5 Payment Authorization §5:180.6 Travel by Voluneteer Owned Vehicle §5:180.7 Claim for Payment §5:190 Disposal of Surplus Equipment §5:200 Submission of School Building Plans to Local Fire Officials §5:210 Reporting Child Abuse §5:220 Liability During Fulfillment of a Mutual Aid Agreement §5:220.1 Negligence of Firefighter in Fulfillment of a Mutual Aid Agreement §5:220.2 Loss or Damage to Apparatus in Fulfillment of a Mutual Aid Agreement §5:230 Live Victim Role Playing Prohibited During Training §5:240 Expiration of EMT Certification During Military Service §5:250 Protected Healthcare Information §5:250.1 Health Insurance Portability and Accountability Act (H.I.P.A.A.) §5:250.2 Use and Disclosure of Protected Information §5:250.3 Required Disclosures §5:250.4 Disclosure of Minimum Information Necessary §5:250.5 Permitted Disclosure §5:250.6 Prohibited Disclosures §5:250.7 Discretionary Disclosures §5:260 Special Tax Zones §5:260.1 Intent of the Statute §5:260.2 Notice of Public Hearing §5:260.3 Contents of the Notice of Public Hearing §5:260.4 Resolution to Establish the “Special Tax Zones” §5:260.5 Final Determination of Zones §5:260.6 Retroactive Assessment Disallowed §5:260.7 Making the Fire District Map §5:260.8 Separate Account for the Zones §5:260.9 Use of Fund After the Zone Is Abolished §5:260.10 Allocation of Cost of Equipment §5:260.11 Use of Equipment Outside the Special Zone §5:270 Fire Districts and Local Zoning Regulations §5:270.1 Immunity From Town Ordinances and Zoning Regulations §5:270.2 Construction of a Firehouse §5:270.3 Application to the Town Boards §5:270.4 Disputes Between Fire Districts and Local Municipalities §5:270.5 Building Without Going Before the Town Boards §5:270.6 Directing Traffic at a Fire Scene §5:280 Independent Audit of Fire Districts §5:280.1 Districts With Annual Revenues in Excess of $200,000.00 §5:280.2 The Audit Report §5:280.3 Filing of the Audit Report §5:280.4 Districts With Annual Revenues Less Than $200,000.00 §5:280.5 Powers of the Comptroller During an Audit §5:280.6 Location of the Examination by the Comptroller §5:280.7 Contracting for Annual Audit Services §5:280.8 Corrective Action Plan Form 5-1: Sample Rules and Regulations Form 5-2: Resolution for the Chief to Investigate Form 5-3: Resolution Authorizing Participation in Funerals Form 5-4: Municipal Cooperation Agreement Form 5-5: Report of Suspected Child Abuse or Maltreatment Form 5-6: Affidavit of Posting of Notice of Public Hearing Creation of Special Taxing Zones Form 5-7: Resolution to Hold Public Hearing to Establish Special Tax Zones Form 5-8: Resolution to Establish Special Tax Zones Form 5-9: Certificate of Establishment of Special Tax Zones Form 5-10: Resolution to Lease Equipment Form 5-11: Resolution to Dispose of Surplus Real Property Form 5-12: Resolution to Lease Real Property Form 5-13: Resolution to Purchase Equipment Form 5-14: Resolution to Dispose of Surplus Equipment Form 5-15: Fire District Credit Card Policy (Suggested) Form 5-16: Fire District Cellular Use Policy (Suggested) Form 5-17: Fire District Vehicle Use Policy (Suggested) Form 5-18: Resolution—Authorization to Fund Physical Fitness Training Form 5-19: Resolution—Authorization to Fund Racing/Drill Team Form 5-20: Conference Attendance Request Form Form 5-21: Conference Request Procedure Form 5-22: Ride-Along Release Form Form 5-23: Credit Card Use Procedures
Chapter 5A §5A:10 Alcohol in the Fire House §5A:20 Substance Abuse (Drug and Alcohol) in the Fire House §5A:20.1 Public Policy Statement §5A:20.1.1 Determining a Substance Abuse Policy §5A:20.1.2 Element of Employee Privacy §5A:20.1.3 Enforcement of the Substance Abuse Policy §5A:20.2 Substance Abuse Testing §5A:20.2.1 Pre-Employment Drug Testing and Substance Abuse Testing/Screening §5A:20.2.2 Substance Abuse Testing as Part of a Routine Employment-Related Medical Exam |
