LOSAP POINTS – REPORTING DEADLINE?

As we reviewed in the last post, it is the responsibility of the fire company to maintain the point system records in accordance with the procedures established by the sponsoring municipality.

At the end of each calendar year, the fire company then must submit the final list to the municipal sponsor. Per 

§219-a(2)(c) of the General Municipal law:

Each volunteer fire company shall furnish to the governing board of such political subdivision a list of all volunteer members, certified under oath, and shall identify those volunteer members who have qualified for credit under the award program for the previous year. Such list shall be submitted annually by March thirty-first. 

Therefore, the listing of firefighters of the fire company, indicating which volunteers qualified for service credit during the year (by earning 50+ points) should be submitted to the board of the sponsoring municipality by March 31, 2019. 

Note this does not mean it must be to the third-party vendor that is assisting with the administration by March 31st. It only means the fire company has until March 31st to compile and submit he list to the sponsor.

In addition, the statute requires that the list be “certified under oath.” A fire district commissioner, secretary or treasurer is able to administer an oath pursuant to Town Law §176(4-b):

Any fire commissioner, secretary or treasurer of a fire district may administer any necessary oath in any matter or proceeding lawfully before him, or in connection with any paper to be filed with him as such officer.

So can any town officer (supervisor, council members, clerk, and others), in accordance with Town Law §28:

Any town officer may administer any necessary oath in any matter or proceeding lawfully before him, or in connection with any paper to be filed with him as such officer.

Finally, so can village officers pursuant Village Law §4-404:

​The village clerk or any member of the board of trustees may administer oaths and take affidavits upon any claim or account against the village. The village clerk may also administer oaths and take affidavits upon matters in connection with village business.

Or, the governing board could require the fire company to sign a certification statement witnessed by a notary public.