LINDEN VOLUNTEER FIRE DEPARTMENT
BY-LAWS
APPROVED AS OF
OCTOBER 16, 2000
1. The name of this organization shall be LINDEN VOLUNTEER FIRE DEPARTMENT, INCORPORATED, hereinafter called the department.
1. The purpose for which this organization is formed is entirely benevolent and the duties of a volunteer fire fighter/emergency medical provider are to side in the preservation of life and property.
2. The terms “HE” and “HIS” are used herein shall be considered to be gender neutral.
3. Mission – The Linden Volunteer Fire Department shall provide the utmost sense of security and well being to citizens, visitors, travelers, property owners, and businesses through programs aimed at education, fire prevention, fire suppression, and emergency medical services wherever and whenever needed.
ARTICLE III – OFFICERS
1. The elected officers of the department shall be President, Vice President, Secretary, and Treasurer (which shall comprise the corporate officers), Chief, and six (6) at-large board members. These members comprise the Board of Directors for the department.
2. A Nominating Committee consisting of three (3) members shall be elected at the October Membership meeting. At the November membership meeting, the Nominating Committee shall present a slate of nominees in accordance with the procedures outlined for Nominating Committees in Roberts Rules of Order Newly Revised. The President will proceed to call out the nominees for each office and then ask if there are any nominations from the floor. In all cases, the Committee must secure the permission from the nominee before the name is presented for election. Nominations may also be made from the floor during the December membership meeting. Members nominated from the floor must be present at the meeting when nominated to accept the nomination.
3. The election of these officers shall be by secret ballot and each eligible voting member shall cast one vote. An eligible voting member is defined as an active operational and active administrative member present and in good standing. Election shall be by a simple majority of the votes cast. In the event that there is only one candidate, the secretary, or secretary pro-tem in the secretary’s absence, shall cast the deciding vote.
4. The elected officers, less the at-large members of the Board of Directors, elected at the December meeting shall hold office for a period of one (1) year or until a successor has been elected. All elected officers’ terms shall commence January 1 of the following year.
5. The term of office for the elected at-large members of the Board of Directors shall be for a period of three (3) years or until a successor has been elected, with one-third (1/3) (or two members) to be elected every year.
6. Any member accepting an elected position shall be expected to participate in and perform the functions of that office.
ARTICLE IV – DUTIES OF OFFICERS
1. BOARD OF DIRECTORS – The Board of Directors shall be composed of eleven elected officers, as specified in Article III.
2. In the event of a vacancy occurring on the Board of Directors, an election to fill the unexpired term of the vacant position shall be held at the next department membership meeting following the vacancy. Election shall be by a simple majority of the votes cast. The Board Member elected shall hold office for the unexpired term of the vacant position.
3. The Board of Directors shall have general supervision of the affairs of the department and is responsible for the administration and finances of the department as it sees fit, and in accordance with these by-laws.
4. Recommendations shall be made by the Board of Directors to the membership for all capital expenditures. Capital expenditures must be approved by a majority vote of the eligible voting members present at the general membership meeting. A capital expenditure shall be any amount over three thousand dollars ($3,000.00) to be expended on any single item or project.
5. The Board of Directors shall act as a trial board for the department. It may suspend or recommend expulsion of any member whose conduct or actions have been unbecoming of a member, or detrimental to the interest of the department.
6. The board may recommend removal of any elected officer from his position for cause. A simple majority vote of eligible voting members present at the following membership meeting is required for removal. The officer to be removed will be notified of the recommendation by registered mail at least one week prior to the membership meeting in which the removal will be recommended. In the event that the department does not have a valid mailing address for the officer or if the letter is not accepted, notification will be considered to have taken place upon the return of the registered letter from the post office.
7. The Board of Directors is to act as an appeal board in the matters of all disputes arising in the department.
8. The Board of Directors shall hold a regular board meeting on the second Monday of each month at 1930 hours. This meeting date and time can be changed on the recommendation of the chair of the preceding meeting. A change in the date and time of the meeting will require a majority vote of the board members present. The President, or another board member in the President’s absence may call special board meetings. In the event of a special board meeting, notification must be made by telephone or in writing by the secretary or another board member in the secretary’s absence, at least three days in advance of such meeting. A maximum of three matters, specified in advance may be discussed at a special board meeting. A full report of business transacted at all board meetings shall be given to the department membership at the next regular department membership meeting. Matters discussed during meetings closed to the board members only shall not be divulged to the membership.
9. A quorum to transact business at any Board of Directors meeting shall be six (6) board members, at least one (1) of who shall be a corporate officer.
10. Any member of the Board of Directors who shall have three consecutive excused or unexcused absences from regular board meetings shall have their term of office terminated by a two-thirds (2/3) vote of the board members present. The unexpired term shall be filled at the next regular department membership meeting in accordance with Article III.
11. PRESIDENT – It shall be the duty of the President to preside over all meetings; to call special meetings; to preserve order; to cast a deciding vote in the event of a tie; to carry out and enforce the By-Laws of the department; to sign all obligations of the department for the purpose of borrowing money or contracts; and to countersign all checks. He shall have general supervision over all the administrative operation of the department as directed by the Board of Directors. The President shall post, with his signature, the House Rules of the department prior to the first general membership meeting following his election to the position. He shall appoint or dissolve committees as specified in Article XI. The president may vote in any election where a two-thirds (2/3) majority vote is required.
12. VICE-PRESIDENT – Except when acting as President, the Vice President shall be entitled to vote on all matters coming before the department. All the duties of the President shall be the Vice-President’s duties during the absence or inability of the President, and it shall be the duty of the Vice-President to assist the President in the discharge of all his official duties.
13. SECRETARY – It shall be the duty of the secretary to notify all active members of all special meetings, in writing or by telephone. He shall notify the state corporation commission of all corporate officers at the end of each annual election. He shall be responsible for all correspondence of the department as assigned by the Board of Directors or Chief. He shall keep a record of all business transacted by the department, and keep an accurate record of attendance at all regular and special department meetings and Board of Director’s meetings. He shall, in the absence or inability of the Treasurer, assume full responsibility for the Treasurer’s position.
14. TREASURER – The Treasurer shall receive and keep a regular account of all monies due the department, pay all bills authorized by the department, preserve all receipts and bills, give statements of the finances of the department at each department membership meeting, and pay any bill not exceeding $1,000.00 upon the order of the Chief or President. The treasurer shall keep the secretary apprised, on a regular basis, of the financial status of the department. He shall submit his books to the auditor selected by the Board of Directors for auditing during the month of January each year, or at any time the President of the department might request. The treasurer shall also assist in the auditing process.
15. CHIEF – The Chief is responsible for Fire and Rescue Operations. He shall make a report on operational matters at each regular department meeting. He shall have supervision over all fire and rescue equipment and the responsibility for the training and operations of the department. The Chief shall post, with his signature, the Standard Operating Procedures concerning the operation of the equipment and day-to-day operations of the station prior to the first general membership meeting following his election to the position. The Chief shall certify individuals and maintain a list of those certified to participate in emergency incident operations. The Chief shall make known at the first regular Board of Directors in January his request for operational officers for the upcoming year along with the appointees’ certifications. A simple majority vote of approval for the appointees is required from the Board of Directors in attendance at the January meeting. Vacancies occurring among these appointees shall be filled by the Chief with approval of a simple majority vote from the Board of Directors at the first monthly meeting following the vacancies. The Chief may appoint additional officers as deemed necessary to carry out fire and rescue duties or meet operational requirements. The Board of Directors shall approve these officers prior to their official appointment.
16. All elected officers of the department shall be held accountable to the Board of Directors for their actions and shall not participate in any activity inconsistent with the By-Laws.
ARTICLE V – GENERAL QUALIFICATIONS FOR MEMBERS
1. The applicant must be of sound mind and body and at least eighteen (18) years of age at the time he is accepted as a probationary member. Application for membership shall be made in writing on the proper form.
2. An applicant for membership in the department is required to attend the monthly department membership meeting following the submission of his application, at which time he will be recognized. However, if the applicant is unable to attend the meeting due to work requirements, their application may be submitted and acted upon in their absence. After recognition, or reading of the application, the applicant will either be accepted or rejected for probationary status. Police and DMV reports must be submitted prior to the applicant being voted on for full membership.
3. A two-thirds (2/3) affirmative vote of the eligible voting membership present at the department membership meeting is required for acceptance into probationary period status. Voting will be by secret ballot. Any rejected applicant for membership will not be reconsidered for at least one (1) year.
4. Any member desiring to change his membership status, will submit a request in writing to the Board of Directors.
5. In order to continue in an active status, a member may not miss more that three consecutive meetings without a valid excuse (upon notification of Secretary or President). If more than three consecutive absences are attained, the member will automatically be transferred to the Inactive roll.
ARTICLE VI – PROBATIONARY PERIOD
1. The normal probationary period shall be three (3) months, during which the individual is required to complete the qualifications for membership as contained in the department’s New Member Orientation Manual. If the new member is not able to complete the qualifications in the manual by the end of their third month, the probationary membership status will be extended for an additional three (3) months. At the end of the probationary period, if all requirements in the orientation manual have been completed the individual will be voted on for membership, extended probation, or expulsion. A two-thirds (2/3) affirmative vote of the eligible voting members present at the monthly department membership meeting is required for acceptance as a member or to extend the probationary period status, whichever vote is taken.
2. In the event that an individual in probationary status fails to attain the vote to become a member, a final vote shall be taken. The final vote shall be to extend the probationary period status. A two-thirds (2/3) affirmative vote of the members present at the monthly department membership meeting is required to pass the second and final vote. Any individual who is rejected for extended probation shall be deemed to be a rejected applicant for membership and shall not be reconsidered for at least one (1) calendar year from the date of the vote.
ARTICLE VII – CLASSES OF MEMBERSHIP
1. Active – An active member is one who meets the established criteria for one of the following:
A. Operational – Individuals in this category have fulfilled the physical and technical requirements to participate in emergency incidents and are qualified to ride Fire or EMS apparatus.
B. Administrative – This category may apply to individuals who may or may not have previously qualified as an operational member, but presently do not perform operational duties.
C. Auxiliary – This group of individuals shall exist for the purpose of providing support to the operational forces of the department. Individuals in this category shall meet the requirements set forth in the By-Laws and Rules and Regulations of the Linden Volunteer Fire Department By-Lays.
D. Junior – Individuals in this category have fulfilled the physical and technical requirements to participate in emergency incidents and are qualified to ride Fire or EMS apparatus, and are between the ages of 14 and 18 years.
2. Associate – An Associate Member shall be one who does not qualify for active or honorary membership, but merely wishes to become affiliated with the department, wishes to contribute a special skill to the department, or is deemed beneficial to the department by the Board of Directors. An Associate member shall be selected at the Board of Directors meeting at which associate membership is proposed.
3. Honorary – An honorary member shall be one who has been of service to the department, and upon whom it cares to bestow this honor by a two-thirds (2/3) vote of the members present at the department membership meeting at which honorary membership is proposed.
4. Inactive – An inactive member shall be one who initially was an active member but, due to some cause, cannot continue in an active status, and is therefore placed on Inactive status by the Board of Directors, or by Article VI Section 5. Upon his written request, he may be returned to an active status by action of the Board of Directors within the first year of being moved to this status. An inactive member shall be dropped from the roles after one (1) year unless waived by the Board of Directors or other Articles of the By-Laws.
5. Life – A life member shall be one who has been a member of the department for at least 10 years, and upon whom the membership cares to bestow this honor by a two-thirds (2/3) vote of the members present at the department membership meeting at which life membership is proposed.
ARTICLE VIII – MEETINGS
1. The regular department membership meetings are to be held on the third Monday of each month at 19:30 hours. At a regular membership meeting, the next membership meeting’s date may be changed upon the chairs proposal, and approval by a majority vote of the members present. The membership shall then be notified of the date change at least seven (7) days prior to the new date. Meetings will consist of eleven (11) business meetings (January through November) and will be open to the public. The December meeting will be held for the sole purpose of electing new officers for the upcoming year, with no other business being conducted. Attendance at this meeting will be limited to members of the department. Following the November business meeting, the secretary will check the department attendance records and compile a list of all active members who have met the requirements for active membership in accordance with Article V Section 5 of these by-laws. This list will be presented at the December Board of Directors meeting for approval. Any member not on that list will be moved to inactive status as defined by Article V Section 5 of these by-laws. Not later than Friday following the board meeting, the secretary will send all active members a copy of the proposed ballot for the December meeting. All members being moved to inactive status will be sent a letter notifying them of the move with a copy of their attendance record attached. Any member wishing to challenge their change of status, must notify the President no later than the Wednesday prior to the December membership meeting, of their desire. The President will convene a special meeting of the Board of Directors on the Friday prior to the December membership meeting for the purpose of having the Board of. Directors resolve any and all challenges No other business will be conducted at this meeting. At the December membership meeting, all eligible voting members will sign in with the secretary prior to the start of the meeting to receive their official ballot and voting card. Ten active members, including two corporate officers, shall constitute a quorum to transact business.
2. Roberts Rules of Parliamentary Procedure will govern all business meetings of the department, except where they conflict with the department by-laws.
3. The order of business for a regular department membership meeting shall be as follows:
A. Establishment of a quorum by roll call or attendance sheet.
B. Reading of the minutes.
C. Treasurer’s report.
D. Election of new members.
E. Chief’s report.
F. Fire and rescue activities report.
G. Committee reports.
H. Old Business.
I. New Business (elections).
J. For the good of the department.
K. Adjournment.
4. All department meetings shall end by 2200 hours unless two-thirds (2/3) of eligible voting members present vote to continue.
ARTICLE IX – SUSPENSION AND/OR EXPULSION
1. Any member who does not abide by the By-Laws and Rules and Regulations of the department is subject to suspension or expulsion.
2. The chief may suspend any member found in violation of the operational rules of the department as contained in the Standard Operating Procedures (SOP) and/or the department Rules and Regulations for a period not more than six (6) months.
3. Any member has the right to appeal to the Board of Directors any suspension or grievance in accordance with the specified appeals process as contained in the department Rules and Regulations Manual.
4. Any member has the right to bring charges against any other member to the Board of Directors, in accordance with the specified appeals process as contained in the department Rules and Regulations Manual.
5. The Board of Directors may suspend any member for a period not more than one (1) calendar year from the initial date of suspension. Any member suspended for ninety (90) days or more shall return to the probationary membership status and shall be bound by Article VII of these by-laws.
6. Upon recommendation of the Board of Directors, any member may be expelled from the department by a two-thirds (2/3) vote of eligible voting members present at a regular department membership meeting, provided that notice has been given in writing or by telephone to the membership of such impending action at least seven (7) days prior to the meeting at which the vote is called. Notice must be given by certified mail to the member being considered for expulsion at least seven (7) days prior to the department membership meeting at which the case is to be considered.
ARTICLE X – COMMITTEES
1. Standing committees shall be appointed by the President at the Board of Directors meeting following the annual election and shall be as follows:
A. By-Laws Committee
B. Public Affairs Committee
C. Equipment Committee
D. Building and Grounds Committee
E. Financial Committee
F. Membership Recruitment and Retention Committee
2. Other committees may be appointed or dissolved by the President, or additional members appointed to standing committees, as the occasion arises.
3. The By-Laws Committee shall review all proposed amendments to the By-Laws and submit a report recommending adoption or rejection of the proposed amendment. The review and report shall consider the acceptance or rejection of the proposed amendment. Approved revisions of the By-Laws and Administrative Rules and Regulations shall be made available to the membership. The committee shall select a parliamentarian from its members annually. The parliamentarian shall rule on interpretations of Roberts Rules of Order and his ruling shall be final.
4. The Equipment Committee shall maintain an inventory of all department fire and rescue equipment. In conjunction with the inventory they shall keep the membership advised of where equipment is stored on each piece of equipment. The committee shall recommend replacement of equipment and apparatus and upon approval of the Board of Directors and the general membership, shall effect such replacement. They will review new designs and developments in equipment and propose inclusions or changes in equipment that will reflect the current state of the art in fire and rescue operations. They will review and make recommendations on apparatus specifications. The Chief of the department shall be the permanent Chairman of the Committee.
5. The Building and Grounds Committee shall maintain an inventory of all department furnishings and fixtures and any equipment not classified as fire and rescue equipment. The committee shall recommend repairs or replacement of furnishings and fixtures, and upon approval of the Board of Directors, shall effect such repairs or replacements. The committee shall review and make recommendations on new building designs and modifications to existing buildings. The Chairman may affect emergency repairs up to $500 upon approval from any corporate officer.
6. The Financial Committee shall prepare financial plans as requested by the Board of Directors. The Committee shall be responsible for the annual fund drives and such fund raising activities as it may recommend subject to the concurrence of the Board of Directors. The Finance Committee shall monitor and have access to the information pertaining to the income and expenditures of the department. The Vice President shall be the permanent Chairman of the Committee and the Treasurer shall be a permanent member of the Committee.
ARTICLE XI – AUXILIARIES
1. The Linden Volunteer Fire Department shall recognize an Auxiliary composed of persons meeting the requirements of Article VIII, Section 1C of these by-laws.
2. This Auxiliary shall exist to form an auxiliary support unit for the Operational Forces of the department. The auxiliary support unit shall fall under the direction of the Fire Chief during emergency incidents.
3. The Auxiliary shall utilize its own funds, equipment, and personnel to provide the services needed to support operational forces of the department. The Auxiliary shall develop and utilize its own separate form of government and officers to carry out its duties as an Auxiliary Support Unit.
4. The Fire Chief shall, from his list of Operational members, appoint an Auxiliary Liaison. A Committee composed of the President, Fire Chief, and Auxiliary Liaison shall exist to settle disputes or act as Trial Board for the Auxiliary.
ARTICLE XII – RULES
1. All members, including those in probationary status, shall have available a copy of the department By-Laws and a copy of the department Rules and Regulations Manual. The By-Laws available will contain any amendments to the By-Laws not yet incorporated in a reprinting of the By-Laws, together with the latest rules governing the operations and administration of this department. All active operational and probationary members shall also receive a copy of the department SOPs. All members are required to be thoroughly familiar with current By-Laws and Rules in force.
2. The Chief or President may from time to time post, with his signature, such operational rules, as he shall deem necessary to the orderly operations of the department.
ARTICLE XIII – AMENDMENTS
1. Any voting member may propose amendment (s) to the By-Laws. Amendments to the By-Laws shall be presented in writing to the by-laws committee at least seven (7) days prior to the general membership meeting at which the amendment is to be presented. To present an amendment means to read the change. Upon presentation to the general membership, the amendment will then be posted until the following membership meeting, whereupon it will be voted on. A two-thirds (2/3) affirmative vote of eligible members present shall be necessary to pass said amendments.
ARTICLE XIV – MISCELLANEOUS
1. Only active, probationary, or associate members that are approved by the chief will be permitted to ride on or drive any of the department apparatus or allowed to engage in fire fighting or rescue activities, and then only insofar as the member meets the qualifications set forth in the department Rules and Regulations Manual and Standard Operating procedures.
2. Only active operational or active administrative members are entitled to nominate, place motions on the floor, second, vote or conduct any other form of departmental business during a special or regular department membership meeting. All classes of members, visitors, or guests may be heard or invited to report at the discretion of the President at regular department membership meetings or Board of Director’s meetings.
3. Only active operational or active administrative members may hold any elective or appointed office or position with the department.
4. All classes of membership shall enjoy all privileges and benefits of the department not specifically excluded in Numbers 1, 2, and 3 of this Article.
5. Length of membership in the department shall be calculated from the date of election to probationary period status.
6. Any and/or all department records, books and equipment that are loaned to any person, for what ever reason, are still department property and must be returned when asked for by the department. Failure to do so may result in legal action being taken.