Consolidation and Dissolution of Fire Districts

• Author: Raymond S. DiRaddo
• Pages: 913-960

Chapter 29

Consolidation and Dissolution of

Fire Districts and Fire Protection

Districts

New York Fire District Officers’ Guide

§29:10 29-2

§29:10 INTRODUCTION

The General Municipal Law governs the process of consolidation and dissolution of fire districts, including

fire protection districts. General Municipal Law Art. 17-A. Fire protection districts are the subject of chapter 23

of this New York State Fire District Officer’s Guide, and are generally governed by a town board.

§29:20 DEFINITIONS (GENERAL MUNICIPAL LAW §750)

There are new terms that are important to understand and processes to be undertaken for a successful fire

district or fire protection district consolidation or dissolution.

Component Fire District or Fire Protection District — The fire district or fire protection district, that,

because of successful consolidation proceeding, is combined into the new fire district.

Consolidated Fire District — The fire district resulting from successful consolidation.

Contiguous — When a portion of a fire district boundary or fire protection district abuts the boundary of

another fire district.

Dissolution — Terminating the existence of a fire district or fire protection .district.

Dissolution Plan — A written document that contains the terms and information regarding the dissolution

of a fire district or fire protection district that has been finalized and approved by the board of fire

commissioners of that fire district or the town board that oversees the fire protection district.

Elector — A registered voter of New York State who is registered to vote in a fire district election.

Elector-Initiated Consolidation Plan — A written document that contains the terms and information

regarding the consolidation of two or more fire districts, or fire protection district as the case may be,

after a majority of the electors of those districts have voted to consolidate.

Elector-Initiated Dissolution Plan — A written document that contains the terms and information

regarding the dissolution of a fire district, or fire protection district, after a majority of the electors of

those involved districts have voted to dissolve such fire district, which plan was finalized and approved

by the board of fire commissioners of the fire district or town board on behalf of the fire protection

district or by an assigned judicial hearing officer.

Initiative — The filing of a petition containing a proposal for a referendum to be placed on the ballot for

an election.

Joint Consolidation Agreement — A written document that contains the terms and information regarding

the consolidation of two or more fire districts, or fire protection districts, which agreement has been

approved by the boards of fire commissioners of those fire districts or town board on behalf of the fire

protection district.

Local government entity or entity – This is a town, village, fire district, or fire protection district since

fire districts and fire protection districts are deemed special districts created pursuant to articles eleven

of the Town Law.

Proposed Dissolution Plan — A written document that contains the terms and information regarding the

dissolution of a fire district not yet finalized or approved by the board of fire commissioners or town

board on behalf of the fire protection district.

Proposed Elector-Initiated Consolidation Plan — A written document that contains the terms and

information regarding the consolidation of two or more fire districts, or fire protection district, after a

majority of the respective electors have already voted to consolidate the fire districts, or fire protection

district, which plan has been proposed but not yet finalized or approved by the boards of the fire districts

or fire protection districts.

Proposed Elector-Initiated Dissolution Plan — A written document that contains the terms and information

regarding the dissolution of a fire district, or fire protection district, after a majority of the respective

electors have voted to dissolve the fire district or fire protection district, which plan has been proposed

but not yet finalized or approved by the board of fire commissioners.

Consolidation and Dissolution of Fire Districts and Fire Protection Districts

29-3 §29:40.1

Proposed Joint Consolidation Agreement — A written document that contains the terms and information

regarding the consolidation of two or more fire districts or fire protection districts that has been proposed,

but not yet finalized and approved, by the respective boards of fire commissioners or town board as the

case may be.

Referendum — The vote seeking approval by a majority of fire district or fire protection district residents

on the question of either consolidation or dissolution, which was placed on the ballot by initiative.

§29:30 COMMENCING THE CONSOLIDATION PROCESS

§29:30.1 ISSUE OF CONTIGUOUS FIRE DISTRICTS

Two fire districts or a fire district and a fire protection district need not be contiguous to be consolidated,

however one should proceed cautiously if they are not contiguous. Only towns or villages need to be contiguous

to the consolidated. General Municipal Law §751(1).

§29:30.2 METHOD OF CONSOLIDATION PROCEEDINGS

There are two separate and distinct methods of consolidating fire districts or fire protection districts.

Consolidation can occur by a joint resolution of the fire districts or the town board on behalf of the fire protection

district, or by an elector-initiated process of consolidation. General Municipal Law §751(2). In the case of a fire

district consolidating with a fire protection district, the joint resolution must be made by the town board and the

board of fire commissioners.

§29:40 METHOD # 1: CONSOLIDATION BY JOINT AGREEMENT—JOINT RESOLUTION BY

THE FIRE DISTRICTS OR TOWN BOARD ON BEHALF OF THE FIRE PROTECTION

DISTRICT

One method of commencing the consolidation process is by a joint resolution adopted by the boards of

fire commissioners of the involved fire districts, which resolution endorses a proposed joint consolidation

agreement or a joint resolution endorsing a proposed joint consolidation agreement adopted by the boards of fire

commissioners of the involved fire district and the town board overseeing the fire protection district. General

Municipal Law §752(1).

§29:40.1 CONTENT OF THE JOINT CONSOLIDATION AGREEMENT (GENERAL MUNICIPAL

LAW §752(2))

A proposed joint consolidation agreement must set forth the following factors related to the fire districts or

fire district and fire protection district involved in the consolidation process: (This agreement terms assumes the

fire district is consolidating with a fire protection district and the fire protection district will be absorbed into the

fire district and the fire protection district will be terminated at the conclusion of the process.)

(a) The name of each fire district or fire protection district involved in the consolidation process;

(b) The name of the new fire district after consolidation. Care should be taken not to adopt a name that may

be confused with the names of other fire districts or fire protection districts across the state. Using the

name of one of the fire districts or fire protection district involved in the process is allowed;

(c) The rights, duties, and obligations of the proposed consolidated fire district;

(d) The territorial boundaries of the proposed consolidated fire district;

(e) The organization of the proposed consolidated fire district insofar as it concerns elected and appointed

officials and public employees, along with a transitional plan and schedule for elections and appointments

of all fire district officials;

(f) A fiscal estimate of the cost of and savings that may be realized from consolidation;