FIRE DEPARTMENT INC.
By-Laws
November 2005
ARTICLE I
NAME
Section I
The name of this organization shall be the Newark Valley Fire Department Inc. hereinafter referred to as the “Department”.
ARTICLE II
OBJECT
Section II
The object of this organization shall be to provide fire protection and other emergency services.
ARTICLE III
MEMBERSHIP
Section I
Membership shall be divided into:
Regular, Life and Honorary.
Section II
Regular Members:
Shall be persons of the age of at least sixteen who are citizens of the
Section III
Life members: Shall be attained by serving twenty (20) years on the active rolls.
Section IV
Honorary members: Three-fourths of the members present at any regular meeting may bestow “Honorary Membership” upon any person, who in their estimation has performed some outstanding deed for the fire service.
Section V
All memberships shall be classified as active or inactive and appear on such rolls.
Section VI
All members must attend at least one regular monthly meeting per quarter in the year to maintain their voting privileges. Any member unable to meet these requirements do to conflicts may be excused with notification and approval of the Executive Board each month. The member must meet all other requirements of the active rolls.
ARTICLE IV
NEW MEMBERSHIP
Section I
Proposals for active membership must be in writing on a form approved by the Executive Board, must be signed by the applicant and by an active member, who has explained the duty and membership requirements of the Department. An application fee of three ($3.00) dollars must accompany each application. All applicants shall report to the Executive Board meeting. The applicant shall be declared nominated if the majority of the Executive Board votes favorable, subject to the approval of the Newark Valley Fire District Board of Commissioners. The President shall submit Department approved candidates for membership to the Secretary of the Newark Valley Fire District at the next monthly meeting of the Newark Valley Fire District Board of Commissioners for approval. The applicant shall be notified by the Recording Secretary of their action; if negative, the application fee shall be returned. The Executive Board shall perform appropriate reviews and inquiries to determine whether the candidate meets the fundamental qualifications for membership. The reviews and inquiries may include but are not limited to driving record, criminal record and personal references.
Section II
All new members shall have an arson background check performed. Any arson convictions shall automatically eliminate the applicant from membership. In the event that the arson background check is unacceptable the applicant shall be notified by the secretary and the application fee shall be returned.
Section III
If proposed member has been a member of another fire department a letter of reference may be requested indicating that he or she was a member in good standing prior to leaving the organization. Proof of prior state training may also be requested. No person shall be admitted to membership that has been expelled from another fire company or department.
Section IV
All new members shall serve an apprenticeship of one year, during which period they shall complete 10 fire trainings by the N.V.F.D. and complete and pass the New York State Scene Support Operations course. Must be at least sixteen years of age and competent in the use of the equipment. At six and twelve months of their apprenticeship period, the Executive Board shall vote, if three-quarters of the vote are favorable pass the name to the next Department meeting for Department vote. The body may vote by ballot to elect the new member by a majority. If the Executive Board votes non favorable, reject the person from further membership. The body may override the Executive Board non favorable recommendation to elect the new member by a ballot vote into membership. Junior firefighter membership requirements are further outlined in Article IV, Section V.
Section V
Junior firefighters
ARTICLE V
OFFICERS
Section I
The officers of this organization shall consist of:
Section II
All officers shall be elected, which the exception of Truck Lieutenants, at the annual meeting and assume duties January 1st. Each Chief Officer must be approved by the Newark Valley Fire District Board of Commissioners. All elected positions shall serve for a term of one year terminating on December 31st. All officers, business and line, must meet the requirements of the active rolls at the time of election and must remain on the active rolls throughout their term to maintain the position.
Truck Lieutenants shall be appointed by the Chiefs office,
the position shall be assumed at the time of appointment and the position shall
remain in effect until December 31 of the same year. The Chiefs office has the
authority to remove individuals from the lieutenant positions at any time.
Section III
A majority of all votes cast shall be necessary for an election of any officer. If for any reason a vacancy in any office is not filled at the annual meeting, it may be filled at any regular meeting. Duties shall be assumed on January 1st following the election pending approval of Chief Line officers by the Newark Valley Fire District Board of Commissioners. If a position remains vacant a member may be appointed to fill that position until an election is held. If a business officer position is vacated the President may temporarily assign the duties of this position to a member. If a line officer position is vacated the Chief may temporarily assign the duties of the position to a member, with the exception of all Chiefs positions. The First Assistant Chief shall temporarily assume the duties of Chief if the position is vacated until a vote can be held. The Vice President shall temporarily assume the position of President if the position is vacated until a vote can be held.
Section IV
The President shall appoint two tellers at the time of each election, who shall receive and poll the ballots. The President shall announce the results.
Section V
Any officer being absent from two consecutive regular meetings without prior reporting it to any member of the Executive Board, shall forfeit his office unless excused by the Executive Board.
Section VI
No member shall hold two business offices or two line offices or may not hold two offices that have Executive Board seats.
Section VII
Nominations for all offices shall be submitted by the nominating committee; also nominations will be accepted from the floor prior to each vote.
ARTICLE VI
DUTIES OF OFFICERS
Section I
President: The President shall preside at all meetings of the organization and of the Executive Board, in accordance with recognized parliamentary procedure. To call special meetings when in their judgment they are necessary or upon written request of seven (7) active members, such request to state the object of the meeting with all seven members present. Unless otherwise provided, will appoint all committees; will enforce the observance of the constitution and by-laws; with the Financial Secretary will sign all orders on the Treasury; and will install newly elected officers and members. The President shall submit to the Newark Valley Fire District the names of candidates for membership. The President shall not vote on any question other than the election of officers and members, except in case of an equal division, when his/her vote shall decide. The President shall submit a report at the annual meeting. The President is responsible for the proper maintenance of the fire house and surrounding grounds.
Section II
Vice President: The Vice President shall assist the President in the discharge of duties and in the case of the President’s absence. Should the office of President become vacant, the Vice President shall assume the duties of the President, until a new President is elected. The Vice President shall organize the annual inspection dinner.
Section III
In the absence of both President and Vice President at a meeting, the members present shall select a Past President, Vice President or current member of the Executive Board to preside over the meeting.
Section IV
Treasurer: It shall
be the duty of the Treasurer to receive all monies collected by the Financial
Secretary or otherwise due to the organization, giving a receipt for the same;
to pay all bills against the organization upon vouchers signed by the President
and Financial Secretary, when authorized at a regular, annual or special
meeting; to keep a correct account of all receipts and disbursements and submit
his/hers account to the organization, the Executive Board or the Auditing
Committee when called for. He/she shall deposit all monies received by him/her
and belonging to the organization, in the name of the organization, in a bank
or banks designated by the Executive Board. The bank accounts shall be
established in such a manner that all checks be made with the signature of the
President or Trustee. All checks must have a minimum of two (2) signatures.
The Treasurer will be appointed by the Executive Board during the November Executive Board meeting. Appointment term is January 1st thru December 31st. All interested applicants shall submit their name to the Executive Board by the November monthly meeting. All applicants must be full members; no probationary members shall be eligible.
Section V
Recording Secretary: It shall be the duty of the Recording Secretary to record the proceeding of all meetings of the organization and keep books and file the papers pertaining to his office. The Recording Secretary shall also serve as Secretary of the Executive Board and shall record the proceedings of said Board.
The Recording Secretary shall submit in writing to the Secretary of the Newark Valley Fire District Board of Commissioners within five days after selection, the names of nominees for line officers. The Recording Secretary shall notify all newly elected members of their election and approval and furnish them with a copy of the by-laws and shall perform such other duties as are incidental to the office or as may be imposed upon him/her by the Fire Department or the Executive Board. If the Recording Secretary cannot attend a regular meeting he/she shall deliver the books to the President or Vice President for the use at the meeting. If unable to be present at any meeting of the Fire Department, shall cause to be delivered at the place of meeting all books or papers of the Fire Department in his/her possession which will be required at such meeting.
Section VI
Financial Secretary: The Financial Secretary shall collect all dues, fines, and assessments and shall pay the same to the Treasurer at the next business meeting, taking a receipt therefore. The Financial Secretary shall make a report at the annual meeting of total amounts received. Shall perform other duties as are incidental to his office or as may be imposed upon him/her by the Department or the Executive Board. Shall keep a correct roll of the members of the Fire Department, together with a record of the payment of dues by each, and at a meeting, shall call roll whenever the presiding officer shall so direct. With the President, shall sign all orders drawn on the treasury.
The Financial Secretary shall automatically on March 16th of each year remove all members in arrears in dues from the rolls of the Department. Shall report all such dismissals at the next regular meeting. Shall issue a receipt for each sum of money received by him out of a book of receipts consisting or an original and a duplicate which shall be consecutively numbered and so arranged that when the original receipt is made out, a carbon copy will be preserved in the book. Shall furnish all newly elected members with a membership card.
Section VII
Chief: The Chief shall
have command of the Department when on duty either at
a fire; at an emergency incident; at training; or parade and shall see that the
members perform their duties as prescribed by Section 176-A, Town Law, and
Section 208, Village Law. It shall be his/her responsibility to organize all
trainings; to comply with the OSHA requirements; arrange for schools of
instruction; and organize events for the annual open house. Shall be
responsible for the apparatus and equipment of the Department and insuring they
are in good condition and ready for service at all times. Shall have the power
to suspend any member for actions deemed to be inappropriate, derelict of
duties or for refusing to do their duty, subject to the action of the Executive
Board within 30 days thereafter. The Chief shall be responsible for submitting
to the Executive Board recommended drivers applications and fire police to the
Newark Valley Fire District Board of Commissioners for approval.
Section VIII
Assistant Chiefs: The Assistant Chiefs shall assist the Chief or in his/her absence, the Acting Chief, in the discharge of his duties: enforce all orders given by the Chief, or in his absence the Acting Chief. In the case absence of the Chief, the Assistant Chiefs, in numeric order, shall perform the duties and exercise the powers of the Chief prescribed by Section 176-A Town Law and Section 208, Village Law.
Section IX
Trustee: The Trustee shall maintain inventory have oversight of all the property (including Class A Uniforms) of the Fire Department, making a report of the condition of the same at each annual meeting.
Section X
Operations Captains: Operations Captains shall assist the Chief and Assistant Chiefs and assume command in their absence. Operations Captains will be assigned seniority rank by the Chiefs office.
Section XI
Truck Lieutenants: Truck lieutenants shall assist the Operations
Captains will duties as requested including performing weekly maintenance
checks on the apparatus as assigned by the Operations Captains or Chiefs
office.
ARTICLE VII
EXECUTIVE BOARD
Section I
The Executive Board shall consist of the President, Vice President, Recording Secretary, Financial Secretary, Treasurer, Chief, First Assistant Chief, Trustee, and Fire Police Captain. Five members shall constitute a quorum for any meeting.
Section II
They shall designate the bank or banks in which the funds of the organization shall be deposited.
Section III
They shall have the power to enforce the house rules and by-laws.
Section IV
The Executive Board shall hold monthly meetings immediately preceding each regular monthly meeting. The Executive Board shall meet at other times as designated by the President. The President shall call a meeting upon the request of two members.
Section V
They shall make a report of its proceedings at the next regular meeting and shall exercise such further powers and perform such other duties as may be delegated to it by the Department.
ARTICLE VIII
DRIVERS OF APPARATUS
Section I
Drivers for apparatus shall be recommended by the Executive
Board and approved by the Board of Fire Commissioners of the Newark Valley Fire
District. Drivers shall undergo training consisting of classroom and field
instruction by as approved by the Chief. Final approval for qualified operation
of apparatus shall be made by the Chief. Drivers shall be re-qualified annually
by the Chiefs office with final approval of the Chief. The New York State
Emergency Vehicle Operations Course must be completed within one year of the
date the Executive Board approves the drivers application and New York State
Pump Operators Course must be completed within two years of the date the
Executive Board approves the driver application. Driving privileges may be
revoked by the Chief when requested to due so by the Board of Fire
Commissioners of the Newark Valley Fire District in the event of an
unsatisfactory DMV Driver Record report.
ARTICLE IX
FIRE POLICE
Section I
Members of the Fire Police Squad shall be recommended by the
Executive Board and appointed by the Board of Fire Commissioners of the Newark
Valley Fire District. The Chief shall submit recommendations for Fire Police to
the Board of Fire Commissioners. Once approved by the Board of Commissioners,
New York State Law has conferred upon Fire Police the powers of peace officer
while they are on duty. As provided in the NYS General Municipal Law 209-C,
Fire Police must take an oath of office and be registered in the Peace Officer
Registry with the Town Clerk annually..
Section II
New York State Fire Police course must be completed prior to appointment to the Fire Police Squad.
ARTICLE X
COMMITTEES
Section I
Auditing Committee: The Auditing Committee shall consist of three members appointed by the President. Immediately prior to the annual meeting, such committee shall examine the accounts of the Financial Secretary and Treasurer and submit its report at the annual meeting. Such examination shall include a verification of bank balances. Every three years or with the change of Treasurer the books of the Treasurer and Financial Secretary shall be professionally audited.
Section II
Nominating Committee: The Nominating Committee shall consist of three members appointed by the President not less than thirty days prior to the annual meeting. Committee Chairman shall be selected from present and/or past members of the Executive Board.
Section III
Special Committee: Special Committees may be appointed by the President at any meeting of the Department.
ARTICLE XI
MEETINGS
Section I
Regular meetings shall be held on the last Tuesday of each
month and shall begin at
Section II
The annual meeting shall be held on the Tuesday preceding the first Wednesday of December and shall begin at
Section III
Regular and annual meetings shall be held at the fire house.
Section IV
Annual meeting business shall consist of nomination for Chief, Assistant Chiefs, Operations Captains, election of business officers and annual reports. (See Article XVIII Order of Business at Annual Meetings)
Section V
When a regular or annual meeting shall fall on a holiday then this meeting shall be held on the same day of the preceding week. (Exception: when the alternate date is also a holiday or special occasion, then a different date may be set by a majority vote of the members present and voting at the preceding meeting.
Section VI
Fifteen members shall constitute a quorum for all regular, special meetings, and annual meeting.
Section VII
Robert’s Rules of Procedure shall govern meetings when not in conflict with this constitution and by-laws. A copy of Robert’s Rules of Procedure and this Constitution and By-Laws shall be on the President’s desk at all meetings.
Section VIII
The Fire Chief shall call a meeting (sometime in March) of firemen for inspection of equipment, with members of the Newark Valley Fire District Board of Commissioners as guests.
Section IX
All meetings are considered fire Department business and shall not be discussed publicly.
ARTICLE XII
DUES
Section I
The annual dues for active members shall be $2.00 payable by the 15th day of March.
Section II
Honorary and life members shall not be required to pay dues.
Section III
A person removed from the rolls of the Department for arrears in dues may become reinstated by paying a reinstatement dues fee of one dollar, plus his/hers arrears in dues before April 15. After this period he/she may be accepted as a new member only.
ARTICLE XIII
DUTY REQUIREMENTS FOR ACTIVE MEMBERS
Section I
Active members must obey the orders of the officers and comply with all duly adopted rules and regulations.
Section II
No active member may leave the scene of an emergency or the station after a call unless excused by the officer in charge.
Section III
Conduct at Emergencies: No active member shall be intoxicated or cause discredit to the department by unseemly conduct while on duty.
ARTICLE XIV
CONDUCT IN UNIFORMS
Section I
Any member of the Newark Valley Fire Department who brings discredit on the organization while wearing the uniform of the Department shall be subject to disciplinary action. He/she shall be required to return his Department equipment and his uniform to any member of the Executive Board in satisfactory condition immediately after being so notified by the Executive Board.
ARTICLE XV
SUSPENSION AND EXPULSION
Section I
Any member may be suspended or expelled from the Department for cause by a three-fourths vote of the members present at an Executive Board meeting.
Section II
The accused shall have been served with written charges at least seven days prior to the meeting together with a notice that the charges will be considered at the meeting,
Section III
The Executive Board shall have full power to determine what shall constitute sufficient cause for suspension or expulsion.
ARTICLE XVI
RESIGNATIONS
Section I
Resignations shall be presented in writing but shall not be accepted if the member is indebted to the Department or has departmental property in his possession.
ARTICLE XVII
ORDER OF BUSINESS AT REGULAR MEETINGS
ARTICLE XVIII
ORDER OF BUSINESS AT ANNUAL MEETINGS
ARTICLE XIX
HOUSE RULES
Section I
All of the above House Rules apply at fire calls, emergency calls or when you are representing the Fire Department publicly.
Section II
Guidelines for Use of Exercise Equipment
ARTICLE XX
AMENDMENTS
Section I
This constitution and by-laws may be amended at any regular meeting by a three-fourths vote of the members present and voting, provided the proposed amendment shall have been submitted in writing at a previous meeting and notice, then given when the same would be called up for action.
Section II
Amendments shall be numbered consecutively and filed by the Recording Secretary in a book reserved solely for this.
Section III
Each year at the annual meeting the Recording Secretary shall have made a copy of a list of amendments voted on and passes during the past year. These copies to be given to each member present at the annual meeting.
ARTICLE XXI
MINIMUM QUALIFICATIONS FOR LINE OFFICERS
Section I
Chief
Section II
Assistant Chiefs (3)
Section III
Operations Captains (2)
Section IV
Truck Lieutenant (1 for each apparatus)
Newark Valley Fire Department Inc
By-Law Amendment #1
ARTICLE III
MEMBERSHIP
Section V
All memberships shall be classified as active or inactive and appear on such rolls.
a. A member shall have one year from the date of written notice to meet the minimal requirements and be reviewed by the Executive Board. Any member who fails to meet the minimum active roll requirements shall be dropped from the department rolls. The member shall receive written notice within 5 days from the decision and shall have until the next Executive Board meeting to appeal in person with the Executive Board.
b. A member may be removed from the rolls by 2/3 majority vote of the membership if the member is found to be inactive more than four (4) quarters in a three (3) year period, unless directly job related.
c. When a member achieves life time status the member cannot be removed from the department rolls for inactivity.
Amendment approved by membership on March 27, 2007.
Newark Valley Fire Department Inc
By-Law Amendment #2
ARTICLE VI
DUTIES OF OFFICERS
Section VI
Paragraph 2
The Financial Secretary shall automatically remove all members in arrears in dues from the rolls of the Department on the last Tuesday during the month of January. Shall report all such dismissals at the regular January meeting or next regular meeting. Shall furnish all newly elected members with a membership card.
ARTICLE XII
DUES
Section I
The annual dues for active members shall be $2.00 payable by the 31st day of December. Dues will be collected annually starting during the month of October and are due for the following year by December 31st of the current year. A person will be automatically removed from the rolls of the Department if dues are not paid by the regular January monthly meeting and/or the last Tuesday of the month of January.
Section III
A person removed from the rolls of the Department for arrears in dues may become reinstated by paying a reinstatement dues fee of one dollar, plus his/hers arrears in dues before the February monthly meeting or last Tuesday in February. After this period he/she may be accepted as a new member only.
Amendment approved by membership on April 26, 2011
Newark Valley Fire Department Inc
By-Law Amendment #3
Current
officers have until the end of 2015 to complete and the requirements listed on
this proposed bylaw change. On January 1, 2016 all of the minimum
qualifications go into full effect.
ARTICLE XXI
MINIMUM QUALIFICATIONS FOR LINE OFFICERS
Section I
Chief
Section II
Assistant Chiefs (3)
1.
Has been a member in good standing for at least
(3) years in the N.V.F.D.
Section III
Operations Captains (2)
1.
Has been a member in good standing in the
N.V.F.D.
2.
Has been a truck driver-operator for at least
(2) years in the N.V.F.D. or has served as a Lieutenant for at least (1) year.
3.
Has completed N.Y.S. Firefighter I Course, Firefighting
Essentials or Basic Firefighter
4.
Has completed N.Y.S. Hazardous Materials First
Responder Operations. This course is not necessary if N.Y.S. Firefighter I
Course has been completed.
5.
Has completed or will complete within 60 days of
being elected, ICS-200: ICS for Single Resources and Initial Action Incidents.
6.
N.Y.S. Water Supply Operations, must have been
completed or must be completed during the current term
7.
Has completed N.Y.S. Apparatus Operator -
Emergency Vehicle Operations
8.
Has completed N.Y.S.
Apparatus Operator – Pump
9.
N.Y.S. Incident Safety Officer, must have been
completed or must be completed during the current term
10. Cannot
be re-elected if the courses have not been completed within the first year of
being elected.
11. Is
knowledgeable of the N.V.F.D. procedures and policies.
12. Is
knowledgeable of general firefighting practices.
13. Has
qualified the previous year on all firefighting apparatus owned by the Newark
Valley Fire District.
14. Has
been elected by the N.V.F.D. body at its annual meeting and election.
Section IV
Lieutenants (2)
Amendment approved by membership on February 25, 2014