Fire commissioners and fire chiefs are no different than everyone in today’s society. We are all in a hurry. We want to accomplish everything yesterday. The world has conspired to leave us with no time to accomplish tasks we must accomplish today
There are a number of tasks that fire commissioners seek to accomplish and which chiefs ask the Board to accomplish which require the passage of a mandatory referendum. In layman’s terms a mandatory referendum means that the Board passes a resolution to take an action that will require voter approval before the Board is empowered to take the action. A proposition will be submitted to the voters for their approval at the annual fire district election or at a special fire district election.
Town Law §179 gives a Board of Fire Commissioners the flexibility to schedule a special election to submit one or more propositions for voter approval on a Tuesday that is not a legal holiday rather than requiring the Board to wait until the annual election held in December (most fire districts, see Town Law §175).
The Board may desire to pass a bond issue for a construction project or to fund a fire apparatus acquisition. It may wish to obtain voter approval for an installment purchase contract to acquire fire apparatus or equipment. It may seek to amend a LOSAP in a manner that Article 11-A of the General Municipal Law sets a mandatory referendum requirement for. It may wish to obtain authority to sell property valued in excess of $100,000.00. It may seek voter permission to exceed the spending limitation set by Town Law §176. Town Law § 179 provides the basis for special elections to purchase fire apparatus, install or add fire alarm systems, to lease, purchase, construct, reconstruct, alter, repair or equip facilities, to purchase rights to take water, to purchase or construct cisterns, and to authorize annual expenditures.
In each case the time to accomplish a proper election must be provided for. In each case particular statutory requirements for the task may add to the time needed to accomplish it. Fire districts and fire departments are emergency service organizations, but when it comes to obtaining voter approval for these matters they do not get to declare emergencies and advance the clock. The transaction that hinges on voter approval does not get to advance the clock. The vendor or purchaser in the transaction does not get to advance the clock. The lender does not get to advance the clock. The time to accomplish a proper election is as follows:
FIRE DISTRICT SPECIAL ELECTION SCHEDULE
At least 61 days before the Special Election Day
Adopt a resolution if you want to change rules related to absentee ballots [permit them for first time or eliminate their use].
At least 40 days before the Special Election Day
Adopt resolutions designating Fire District Board of Elections, including Chairman and Election Inspectors and Ballot Clerks, fixing compensation of the individual members of the District Board of Elections. [Town Law §175-a(6)].
At least 40 days before the Special Election Day
Request County Board of Elections to provide a list of persons registered to vote as of 23 days before the Special Election Day and to provide the list to the district by the 20th day before such election. Also order voting machines [unless using paper ballots]. [Election Law §5-612(6)].
At least 27 days but not more than 34 days before the Special Election Day
Publish Notice of Election in district newspaper designating the dates on which the Inspectors of Election will prepare the register, the place where the registration and election will be held, the hours of the meeting and of the election, and last day for registration. Also publicly post notice in place accessible to public. [Town Law §175(1)].
At least 23 days before the Special Election Day
Last day to register at County Board of Elections to be eligible to vote at the Special Fire District Election [Town Law §175-a(2)(a)].
20 days before the Special Election Day
County Board of Elections to mail lists of registered voters to Fire District Secretary. [Election Law] §5-612(c).
At least 15 days but not more than 20 days before the Special Election Day Commence posting of Notice of Election on district website and signboard, if any, at least 15, but not more than 20 days before date of election. [Town Law §175-c (1)].
At least 15 days but not more than 20 days before the Special Election Day
Send copy of Notice of Election to town clerk for posting on municipal website, if any, bulletin board and signboard, if any. [Town Law §175-c(2)]
These notices [for websites, signboards and bulletin boards] must include time and place of election, and any other details regarding matters to be voted on as well as hours of polls being open for balloting. Suggest using regular Notice of Election published in district newspaper with the exception of an electronic signboard which will require abbreviated information.
[Town Law] §175-c(3).
15 days before the Special Election Day
Suggested meeting date for Fire District Board of Elections to prepare register. Can be any other date you choose after receiving registration books. [Town Law §175-a(3)].
Special Election Day
A Tuesday that is not a legal holiday and a minimum of 6:00 p.m. to 9:00 p.m. [Town Law §179].
Within 72 hours after the polls have closed on Special Election Day
File results (Canvass of Election) with Town Clerk. [Town Law §175].
Within 7 days after the Special Election Day
Secretary to deliver a report to the County Board of Elections indicating the persons on the list of registered voters labeled “inactive” who voted at the fire district election. [Election Law] §5-612(7).
This schedule relates to the time to accomplish a proper election. It does not address preparatory action required for the particular task you seek to accomplish. The special election provides you with the authority to undertake the task if the proposition is approved. However, each type of objective be it a building project, equipment acquisition, etc., has its own set of requirements unrelated to the requirement to conduct the mandatory referendum. Your schedule needs to take those steps into account.
- What tasks must be undertaken before the election schedule above and after the election for a bond issue?
- What tasks must be undertaken before the election schedule above and after the election for an installment purchase contract?
- What tasks must be undertaken before the election schedule above and after the election for a LOSAP amendment?
- These are all questions which the Board of Fire Commissioners must ask before undertaking the process.
- The steps listed must be completed and documented.
It is important to conduct a proper special election and to document proper completion of the process in order to make certain that a valid election has been held.
Take a deep breath.
This takes time. Slow and steady wins the race. Fast and reckless can have dire consequences.