Section 10-1006. Volunteer members of village fire companies

1.  The
  volunteer members of a fire company shall be elected  and  appointed  as
  provided in this section.
    2.  The  board  of  fire  commissioners shall appoint residents of the
  village as the volunteer members of any newly  organized  fire  company.
  Thereafter, the fire company may elect other eligible persons, including
  village  officers,  as volunteer members. The election shall be pursuant
  to  the  by-laws,  if  any,  of  the  fire  company;  otherwise,  by   a
  three-fourths vote of the members of the fire company present and voting
  at a regular or special meeting thereof. The membership of any person so
  elected  shall become effective when approved by resolution of the board
  of fire commissioners. Membership shall be deemed to have been  approved
  pursuant to this subdivision in the event that no action is taken by the
  board  of  fire  commissioners, either approving or disapproving, within
  forty days after servce of written  notice  of  election  to  membership
  shall  have  been  made  by  the  secretary of the fire company upon the
  village clerk, either personally or by mail.
    3. Any person elected to membership as a volunteer member  as  a  fire
  company  shall  be a resident of the village or of territory outside the
  village which is afforded fire protection by the fire department of  the
  village,  or  any  fire company thereof, pursuant to a contract for fire
  protection, except as otherwise provided in subdivision six.
    4. The membership of a  volunteer  member  of  a  fire  company  shall
  terminate  when  he  ceases  to  be  a resident of the village or of any
  territory outside the village which is afforded fire protection but  the
  fire department of the village, or any fire company thereof, pursuant to
  a  contract  for  fire  protection,  except  as  otherwise  provided  in
  subdivision five.
    5. Any fire company may authorize  the  continued  membership  of  any
  volunteer  member  where  such member notifies the secretary of his fire
  company (a) that he plans to change his residence to territory which  is
  not  in  the  village and is not protected by the fire department of the
  village, or any fire company thereof, pursuant to a  contract  for  fire
  protection,  and  (b) that by reason of his residence in the vicinity or
  his usual occupation he will be available to render active service as  a
  volunteer  fireman  in  the  village or in territory outside the village
  which is afforded fire  protection  pursuant  to  a  contract  for  fire
  protection  by  the  fire  department  of the village, or a fire company
  thereof. Such authorization shall be pursuant to the by-laws, if any, of
  the fire company of which he is a member, otherwise by  a  three-fourths
  vote of the members of such fire company present and voting at a regular
  or   special  meeting  thereof.  Such  authorization  shall  not  become
  effective  unless  approved  by  resolution  of  the   board   of   fire
  commissioners.  Such authorization shall be deemed to have been approved
  pursuant to this subdivision in the event that no action is taken by the
  board of fire commissioners, either approving  or  disapproving,  within
  forty  days  after service of written notice of such authorization shall
  have been made by the secretary of the fire  company  upon  the  village
  clerk,  either  personally or by mail. Any membership continued pursuant
  to the provisions of this subdivision shall terminate  when  the  member
  cannot meet either the requirements of this subdivision or the residence
  requirements  of  subdivision  three.  In  the  case  of a village which
  adjoins another state, the term "vicinity", as used in this subdivision,
  includes territory in this state and territory in the adjoining state.
    6. A person who cannot meet the residence requirements of  subdivision
  three  may  be  elected  to membership as a volunteer member of any fire
  company of the fire department if by reason  of  his  residence  in  the
  vicinity  or  his usual occupation he will be available to render active

  service as a volunteer fireman in the village or in territory  which  is
  afforded  fire  protection pursuant to a contract for fire protection by
  the fire department of the village  or  a  fire  company  thereof.  Such
  election  shall be pursuant to the by-laws, if any, of the fire company;
  otherwise by a three-fourths vote of the members  of  the  fire  company
  present  and  voting  at  a  regular  or  special  meeting  thereof. The
  membership of any person so elected shall not  become  effective  unless
  approved  by  resolution  of the board of fire commissioners. Membership
  shall be deemed to have been approved pursuant to  this  subdivision  in
  the  event  that  no action is taken by the board of fire commissioners,
  either approving or disapproving, within seventy days after  service  of
  written  notice  of  election  to membership shall have been made by the
  secretary of the fire company upon the village clerk, either  personally
  or  by  mail. The membership of any volunteer member elected pursuant to
  the provisions of this  subdivision  shall  terminate  when  the  member
  cannot meet either the requirements of this subdivision or the residence
  requirements  of  subdivision  three.  In  the  case  of a village which
  adjoins another state, the term "vicinity", as used in this subdivision,
  includes territory in this state and territory in the adjoining state.
    7. The membership of any volunteer  fireman  shall  not  be  continued
  pursuant  to  subdivision  five,  and  persons  shall  not be elected to
  membership pursuant to subdivision six, if, by so doing, the  percentage
  of such non-resident members in the fire company would exceed forty-five
  per centum of the actual membership of the fire company.
    8.  The  board of trustees, or the board of fire commissioners subject
  to approval of the board of trustees, by  resolution  may  restrict  the
  membership  of  volunteer members in any or all of the fire companies of
  the fire department to residents of the village.  Any  volunteer  member
  who  then  resides  in territory outside the village shall cease to be a
  member of any fire company to which the restriction is applicable unless
  the resolution provides that his membership shall  continue  during  the
  existence  of  any contract for fire protection to such territory by his
  company or the fire department or during the  period  in  which  he  may
  continue to meet the requirements of subdivision three, five or six.
    9. Residents of outside territory protected pursuant to a contract for
  fire  protection  who  have  been  elected  to volunteer membership, and
  non-residents  whose  volunteer  memberships  have  been  continued   or
  authorized  pursuant  to  subdivision  five  or  six, shall have all the
  powers,  duties,  immunities,  and  privileges  of  resident   volunteer
  members,  except  (1) non-residents of the state may not be appointed or
  elected to any office in the fire company or fire department, and (2)  a
  non-resident  of this state whose membership has been continued pursuant
  to subdivision five, or a non-resident of this state who was elected  to
  membership  pursuant  to  subdivision  six of this section, shall not be
  considered to be performing any firemanic duty, or to be engaged in  any
  firemanic  activity, as a member of the fire company while he is outside
  of this state unless and until he has first reported to the  officer  or
  fireman  in  command  of  his  fire department, or any company, squad or
  other unit thereof, engaged  or  to  be  engaged  in  rendering  service
  outside  this  state,  or  has  received orders or authorization from an
  officer of the fire department or fire  company  to  participate  in  or
  attend authorized activities outside of this state in the same manner as
  resident members of the fire company.
    10.  A  person  shall  not be eligible to volunteer membership in more
  than one fire company at one time.
    11. The term "contract for fire protection" as used  in  this  section
  means one under which a cash consideration is received by the village or
  by  the  fire department or a fire company thereof for the furnishing of

  fire protection to an area outside the village. Any such contract  shall
  be  deemed  in full force and effect for the purposes of this section if
  negotiations are pending for the renewal thereof.
    12.  In  a  village where there is no board of fire commissioners, the
  board of trustees shall have the powers and perform the duties  of  such
  board which are prescribed in this section.
    13.  The  provisions  of this section shall not be deemed to authorize
  the election of any person  as  a  member  of  a  fire  company  or  the
  continuance  of  membership in a fire company as herein provided if such
  election or continuance of membership shall be contrary to the  by-laws,
  rules  or  regulations  of the fire company or of the fire department of
  the village.
    14. A village  may  not  adopt  a  local  law  changing,  amending  or
  superseding this section.
    15. Any person:
    (1)  who  was  recognized  prior  to  the  first day of July, nineteen
  hundred fifty-four, as a volunteer member  of  any  fire  company  of  a
  village  subject  to  the  provisions  of  this  article by the board of
  trustees or board of  fire  commissioners  of  the  village  or  by  the
  officers and members of his fire company, and
    (2)  who  rendered active service with such fire company prior to such
  date, and
    (3) who was, at the time of his nomination for membership, a  resident
  of the village or of territory outside of the village which was afforded
  fire  protection  by  the  fire  department  of the village, or any fire
  company thereof, pursuant to a contract for fire protection,  shall  for
  all  purposes  in  law  be  considered  to  have been duly nominated and
  appointed to membership in such fire company as  of  the  date  of  such
  appointment,  if  any,  and,  if  none,  then  as  of  the  date of such
  nomination; notwithstanding that there may have been some  legal  defect
  in  such  nomination, or the proceedings precedent thereto, or a failure
  of the board of fire commissioners or board of trustees to appoint  such
  member,  as provided by law in force at the time of such nomination, and
  the status of such person as a volunteer fireman as of the date of  such
  appointment  or nomination is hereby legalized, validated and confirmed.
  An election to membership in a fire company shall be  deemed  equivalent
  to  a  nomination for membership for the purposes of this subdivision in
  the event that a formal nomination for membership was never presented to
  a board of fire commissioners or board of trustees as  provided  by  the
  law  in  force  prior  to  the  first  day  of  July,  nineteen  hundred
  fifty-four, and, for the purposes of this  subdivision,  such  election,
  and  the proceedings precedent thereto, shall be considered to have been
  held and conducted in the manner required by law. This subdivision shall
  not apply to a person, if any, whose  volunteer  membership  in  a  fire
  company  was declared invalid by a court of competent jurisdiction prior
  to the first day of January, nineteen hundred fifty-five.
    16. Any person:
    (1) who was recognized on and after the first day  of  July,  nineteen
  hundred  fifty-four  and prior to the first day of January, two thousand
  three, as a volunteer member of any fire company of a village subject to
  the provisions of this article by the board of trustees or board of fire
  commissioners of the village or by the officers and members of his  fire
  company, and
    (2)  who  rendered  active service with such fire company between such
  dates, and
    (3) who was, at the time of his election to membership, a resident  of
  the  village or of territory outside the village which was afforded fire
  protection by the fire department of the village, or  any  fire  company

  thereof,  pursuant  to  a  contract  for  fire  protection, or who was a
  non-resident who was elected to membership or who  was  continued  as  a
  member,  pursuant  to the provisions of subdivisions five or six of this
  section,  shall  for all purposes in law be considered to have been duly
  elected and approved, or continued, as a member in such fire company  as
  of  the date of such approval, if any, and, if none, then as of the date
  of such election or, in the case of a continuance, as of the date of the
  approval, if any, by the board of fire commissioners  or  the  board  of
  trustees,  and,  if none, as of the date of authorization of continuance
  by the fire company; notwithstanding that there may have been some legal
  defect in such election, or the  proceedings  precedent  thereto,  or  a
  failure  of  the  board  of  fire  commissioners or board of trustees to
  approve such member, or approve the continuance of  membership  of  such
  member, as provided by the law in force at the time of such election, or
  continuance,  and the status of such person as a volunteer fireman as of
  the date is hereby legalized, validated and confirmed. This  subdivision
  shall  not  apply  to  a person, if any, whose volunteer membership in a
  fire company was disapproved by the board of trustees or board  of  fire
  commissioners  or  declared invalid by a court of competent jurisdiction
  prior to the first day of January, two thousand three.
    17. (a) It shall  be  an  unlawful  discriminatory  practice  for  any
  volunteer fire department or fire company, through any member or members
  thereof,  officers,  board of fire commissioners or other body or office
  having power of appointment of volunteer firemen in any fire  department
  or  fire  company  pursuant to this section, because of the race, creed,
  color, national origin, sex or marital  status  of  any  individual,  to
  exclude or to expel from its volunteer membership such individual, or to
  discriminate  against  any  of  its  members because of the race, creed,
  color, national origin, sex or marital status of such volunteer members.
    (b) Any person claiming to be aggrieved by an unlawful  discriminatory
  practice  pursuant to this section may by himself or his attorney at law
  make, sign and file with the state division of human rights, a  verified
  complaint  which shall set forth the particulars of the alleged unlawful
  discriminatory practice  and  contain  such  other  information  as  the
  division of human rights may require. The division shall thereupon cause
  to  be  made an investigation and disposition of the charges pursuant to
  the provisions of article fifteen of the executive law.
    18. A person who has been convicted of arson in any degree  shall  not
  be  eligible  to be elected or appointed as a volunteer member of a fire
  company. The membership of any volunteer member of a fire company  shall
  immediately  terminate if he is convicted of arson in any degree while a
  member of a fire company.
    19. Upon application by any person for membership in  a  fire  company
  operating  pursuant  to  this  section,  the  fire chief shall cause the
  applicant's background to be checked pursuant to section  eight  hundred
  thirty-seven-o  of  the executive law for a criminal history involving a
  conviction for arson.