2006 New York Code - Chief And Assistant Chiefs.

 
    §  10-1012  Chief  and  assistant  chiefs. The chief and the first and
  second assistant chiefs and such additional assistant chiefs, if any, as
  may be provided for in the by-laws of the fire department shall each  be
  a  member  thereof and a resident of the state of New York. In addition,
  the board of trustees, or the board of fire commissioners subject to the
  approval of the board of trustees, may, by resolution, require that  any
  or  all  of  such  fire  department  officers  shall be residents of the
  village. The delegates elected to the general  convention  of  the  fire
  department  shall  meet  at  the  council  room  thereof on the Thursday
  following the first Tuesday in April and nominate a person for  each  of
  such offices; but the fire commissioners of any village may adopt a rule
  requiring  all  such nominations to be made on that day by a vote of the
  duly qualified members of the department, in which case the  meeting  of
  the  delegates  in  general convention, as provided for in this section,
  shall be  dispensed  with.  The  person  acting  as  secretary  of  such
  convention  shall  forthwith  file  in the office of the village clerk a
  certificate of such nominations. The board of fire commissioners at  its
  next  meeting shall consider the nominations and appoint such persons to
  the offices to which they are respectively nominated or, if a nomination
  is not approved the board shall reconvene the general convention,  which
  shall  submit  a  new nomination to take the place of any nomination not
  approved, which procedure shall continue until a full set of officers is
  approved. A person who has been convicted of arson in any  degree  shall
  not be eligible for nomination, election or appointment to the office of
  chief  or  assistant  chief.  Any  fire  chief or assistant chief who is
  convicted of arson in any degree during his  term  of  office  shall  be
  disqualified from completing such term of office.
    Notwithstanding  the  provisions  of any general, special or local law
  inconsistent herewith any such chief or assistant  chief  of  a  village
  fire  department need not be a resident of the village in order to serve
  as a member of the  council  of  the  fire  department  of  the  village
  pursuant  to  section  10-1014  of  this  article  unless  the  board of
  trustees, or the board of fire commissioners subject to the approval  of
  the  board of trustees, has, by resolution, as provided in this section,
  required that any or all of  such  fire  department  officers  shall  be
  residents of the village.  Except as otherwise provided pursuant to this
  paragraph,  a  person  shall  not  hold  the  office of village mayor or
  village trustee and the office of chief or assistant chief of a  village
  fire department at the same time. A village trustee who does not, either
  as  an  individual  or  as  a  member of a board, appoint or approve the
  appointment  of  the  chief  or  assistant  chief  of  a  village   fire
  department,  may hold the office of chief or assistant chief at the same
  time. Notwithstanding any inconsistent provision of law, a person who is
  the chief or an assistant chief of a village fire department, if  he  is
  otherwise  qualified,  may  be elected to the office of village mayor or
  village trustee or may be appointed to the office of  village  mayor  or
  village trustee to fill a vacancy and, if he is so elected or appointed,
  his office as chief or assistant chief, as the case may be, shall become
  vacant  upon  his  taking his oath of office as village mayor or village
  trustee.