Organizational and Monthly Meetings of the Board of Fire Commissioners

• Pages: 119-160
• Author: Raymond S. Diraddo

ORGANIZATIONAL

MEETING OF THE BOFC

CHAPTER 2

ORGANIZATIONAL AND

MONTHLY MEETINGS

OF THE BOARD OF FIRE

COMMISSIONERS

ORGANIZATIONAL

MEETING OF THE BOFC

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ORGANIZATIONAL

MEETING OF THE BOFC

2-3 Organizational and Monthly Meetings of the Board of Fire Commissioners §2:20

§2:10 THE ORGANIZATIONAL

MEETING

§2:10.1 Date

Every Fire District in New York State must hold an

organizational meeting during the rst fteen days of

January in each year. Town Law §174 (2). This meeting

is absolutely necessary in order to make the required

appointments and designations.

§2:10.2 Date Chosen

The organizational meeting date should be desig-

nated by the Board of Fire Commissioners by the second

week in the December meeting so that the media can

be timely informed, in accord with the Open Meetings

Law. Public Ocers Law §104, which requires notice

to the media.

§2:10.2.1 Notice to the Media—

Organizational Meeting

When the organizational meeting is scheduled,

the re district secretary should send a notice by mail,

fax, or electronic transmission to the news media, at

least one week prior to the meeting. The notice must

contain the date, time, and place of the organizational

meeting. Such notication should be made by certied

mail, return receipt requested, so that the records of the

District can substantiate the fact that such notication

was given. (See Form 2-1)

Notice of the organizational meeting should also

be conspicuously posted on the public bulletin board

of the Fire District or in one or more designated public

locations at least seventy-two hours before the meeting.

Public Ocer’s 104(1).

Finally, the Secretary should also duly notify the

newly elected member or members of the Board, as

well as the newly elected Treasurer, if one was elected

at the December election, of the date, time and place

of the organizational meeting.

§2:10.2.2 Proof of Notice to the Media

It is also advisable that the Fire District Secretary,

when notifying the media of the date, time, and place

of the organizational meeting, send such notication

in a fashion so that the records of the re district can

substitute the fact that such notication was given to the

media. (See Form 2-1). The public notice to the media

does not require a publication as with any other legal

notice. Only notice to the media is required.

§2:10.3 Presiding Officer

Since the position of chairman of the Board of

Fire Commissioners expires on December 31st, there

is no one to act as chairman to open the organizational

meeting. The treasurer shall preside at such meeting

until a chairman has been elected. In the case of a re

district where the position of treasurer is appointive,

the commissioners designate one of themselves to act

as temporary chairman until such time as the chairman

of the board is chosen.

§2:10.4 Oath

After the meeting has been opened, the new-

ly-elected member or members of the board and the

newly-elected treasurer, if there is one, should be sworn

in, usually by the attorney for the re district or some-

one with the authority to take an oath. (See Form 1-1

& Form 1-2)

§2:20 APPOINTMENT OF FIRE

DISTRICT OFFICERS

§2:20.1 Chairman

The Board of Fire Commissioners should now elect

the chairman of the board who will act in such capac-

ity for the balance of the year. If, during the year, the

chairman is not present at any particular meeting, the

other members may designate one of the members of

the board to act as temporary chairman. The chairman

should, as his rst item of business, place in the min-

utes of the organizational meeting the notication of

the meeting sent to the media, together with the return

receipts from the media.

§2:20.2 Secretary

The secretary should now be appointed and his or

her salary, if any, should be xed, by resolution, for the

year. (See Chapter 4 on Functions and Duties of Secre-

taries and Treasurers.) The Secretary should now take

the oath of oce (See Form 1-3). The attorney for the

district should be appointed and the amount of his or her

retainer for the year should be approved by resolution.

§2:20.3 Treasurer

If the commissioners desire, they may, at the annual

organizational meeting, by resolution, x a salary for

the year for the treasurer.