Month: October 2016

David Menken Presenting on Social Media and Fire Departments

David Menken will be on a panel at the Fall Convention of the Association of Fire Districts of the State of New York, discussing legal issues regarding use of social media in the fire department.  His talk will focus on the nexus between free speech of members and the right of the department to control that speech when it effects the interests of the department.  A copy of David’s PowerPoint presentation is available...

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NYS Law Amended to Permit Non-Resident Members to be Fire Chief

My friend Peter Lazaro, Chief of the Bedford Fire Department of which I am a member, informed me of a change to New York law to permit members of fire departments to be nominated for the offices of chief and assistant chief, and to serve in those capacities regardless of their state of residency. The justification for the law, according to the State Assembly: “Fire departments that cover areas around the borders of New York State sometimes have members that are not residents of New York State. Town Law already permits non-residents to be eligible for nomination to the offices of chief or assistant chief in fire departments that hold their annual meeting in April. This bill simply does the same for fire departments that hold their annual meeting in December.” The bill was signed into law by Governor Cuomo last week and is now law. Now, pursuant to Section 176-11(b) of the Town Law, fire departments that hold meetings in December as well as in April may nominate and elect members as Chief and Assistant Chief who are not residents of New York State. This change is particularly important to departments such as Bedford’s which border a neighboring...

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