Consolidation and Dissolution of Fire Districts

• Author: Raymond S. DiRaddo
• Pages: 853-894

Chapter 29

Consolidation and Dissolution of

Fire Districts

§29:10 New York Fire District Officers’ Guide 29-2

§29:10 INTRODUCTION

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

Municipal Law Art. 17-A.

§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 consolidation or dissolution.

Component Fire District — The fire district that, because of successful consolidation proceeding, is com-

bined into the new fire district.

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

Contiguous — When a portion of a fire district boundary abuts the boundary of another fire district.

Dissolution — Terminating the existence of a fire district.

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

of a fire district that has been finalized and approved by the Board of Fire Commissioners of that fire

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 contain the terms and information

regarding the consolidation of two or more fire districts, after a majority of the electors of those districts

have voted to consolidate.

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

the dissolution of a fire 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 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, which agreement has been approved by the Boards of

Fire Commissioners of those fire districts.

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.

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

mation regarding the consolidation of two or more fire districts, after a majority of the respective electors

have already voted to consolidate the fire districts, which plan has been proposed but not yet finalized or

approved by the boards of the fire districts.

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

tion regarding the dissolution of a fire district, after a majority of the respective electors have voted to

dissolve the fire district, which plan has been proposed but not yet finalized or approved by the Board

of Fire Commissioners.

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

regarding the consolidation of two or more fire districts that has been proposed, but not yet finalized and

approved, by the respective Boards of Fire Commissioners.

Referendum — The vote seeking approval by a majority of fire district residents on the question of either

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

29-3 Consolidation and Dissolution of Fire Districts §29:30

§29:30 COMMENCING THE CONSOLIDATION PROCESS

§29:30.1 ISSUE OF CONTIGUOUS FIRE DISTRICTS

Two fire districts need not be contiguous to be consolidated. 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. Consolidation can occur by a

joint resolution of the fire districts, or by an elector-initiated process of consolidation. General Municipal Law

§751(2).

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

THE FIRE DISTRICTS

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 agree-

ment. 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

involved in the consolidation process:

(a) The name of each fire 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 across the state. Using the name of one of the

fire districts 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 appoint-

ments of all fire district officials;

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

(g) A list of each fire district’s assets, including, but not limited to, real and personal property, and their

current value in U.S. currency;

(h) The liabilities and indebtedness, bonded and otherwise, of each of the fire districts, including the value

of the liabilities and indebtedness;

(i) The terms and conditions for disposing existing assets, liabilities, and indebtedness of each fire district;

(j) The terms and conditions for the common administration and uniform enforcement of the resolutions and

orders of the fire districts;

(k) The effective date of the proposed consolidation; and

(l) The time and place (or places) for the public hearing or hearings on the proposed joint consolidation

agreement.

§29:40.2 PUBLICATION, POSTING, AND DISPLAY OF THE JOINT CONSOLIDATION

AGREEMENT

Within five business days from the adoption of the joint resolution to consolidate endorsing the proposed

joint consolidation agreement, each board of fire commissioners must: