DEPAUVILLE VOLUNTEER FIRE DEPARTMENT, INC.
CONSTITUTION AND BY-LAWS
Adopted May 5, 1932
Revised June 2, 1955
Revised December 5, 1971
Revised February 5, 1976
Revised February 5, 1981
Revised December 7, 1989
Revised May 1, 1997
ARTICLE I
TITLE AND OBJECT
Section 1.
This organization shall be known as the Depauville Volunteer Fire Department, Inc. in the town of Clayton Fire District, referred hereafter as "The Fire Dept."
Section 2.
Its object shall be the preservation of life and property, from and during such fire and emergencies as may occur in the fire district and contracted area.
ARTICLE II
Section 1.
Regular meetings shall be held on the first Thursday of each month at 7:00 o'clock P.M.
Section 2.
The officers shall be: a Chief, First Assistant Chief, Second Assistant Chief, Secretary, Treasure, Engineer Foreman, and a Fire Council.
Section 3.
The Fire Council shall consist of five (5) members of "The Fire Dept.", appointed by the elected officers, to run from July 1st through June 30th.
Section 4.
All truck Captains Lieutenants, and Fire Police Captains and Lieutenants will be appointed by the fire chiefs, to run from July 1st through June 30th.
Section 5.
The Chief shall appoint such other officers as may be deemed necessary to properly right fires or carry on the business of "The Dept.".
Section 6.
Candidates for elected offices shall be nominated by the General Membership at the regular monthly meeting in April of each year. The officers shall be elected by ballot at the regular meeting in May of each year. A majority of the votes cast shall be necessary for an election of any candidate to office.
Section 7.
In the case of a vacancy, it shall be filled by a majority vote at the next regular meeting.
Section 8.
Ten members in good standing shall constitute a quorum. A special meeting may be called by request of ten members. The Secretary shall give such notice of meeting to all members in good standing at least two (2) days in advance of such meeting.
Section 9.
The office of Chief may not be held by the same person for more
than three (3) consecutive years.
Candidates for the office of Second Assistant, First Assistant and Chief:
A) Any firefighter with two (2) years in good standing with "The Fire Dept." may run for Second Assistant Chief.
B) Any firefighter with three (3) years in good standing with "The Fire Dept." can run for First Assistant Chief.
C) Any firefighter with five (5) years in good standing with "The Fire Dept." can run for Chief.
D)
Any firefighter elected to Chief, First Assistant Chief or Second Assistant chief shall be required to complete the course of Officer Management within one (1) year of election.
E) Any fire fighter with one (1) year in good standing with "The Fire Dept." can run for Secretary.
F) Any firefighter with two (2) years in good standing with "The Fire Dept." can run for Treasurer.
G) Any firefighter with three (3) years in good standing with "The Fire Dept." can run for Engineer Forman.
H) Any firefighter with two (2) years in good standing with "The Fire Dept." can be appointed Captain or Lieutenant.
I) Any firefighter with one (1) year in good standing with "The Fire Dept." can be appointed to the Fire Council.
ARTICLE III
DUTIES OF OFFICERS
Section 1.
The duties of the Chief are:
l To preside at all meetings:
To decide all points of order that may arise; subject to an appeal from his decision to the
members of "The Fire Dept." (such appeal will demand a majority vote of the members present).
l He shall have supreme charge at all fires when present; shall plan the attack; direct the action of the pumper,
hose and other equipment connected with it.
l He shall make a report at the regular meeting following each fire, giving the following facts:
n Date, hour, minute and by whom discovered
n Alarm by whom
n Where and how started and cause
n General remarks
Roll call
Section 2.
It shall be the duty of the First Assistant Chief to carry on the duties of the Chief in his/her absence, or at any other time when so called on by the Chief. His duties shall also include complete training supervision and classification of members, subject to approval of the officers of "The Fire Dept."
Section 3.
In the absence of the Chief and the First Assistant Chief, the Second Assistant Chief will assume command. The Second Assistant Chief will be the Occupational Safety and Health manager.
Section 4.
In the absence of the Chief, First Assistant Chief and the Second Assistant Chief at the fire, their duties will fall on the Engineer Foreman.
Section 4B.
The duties of the Engineer Foreman are:
To have general supervision of the pumper during a fire; acting under the orders of the Chief or his Assistant, to see that everything is in readiness to start out after the equipment has returned to the Fire Barn following a fire. He shall see that a
careful inspection of all equipment is made at least once a month and shall report to the Chief immediately, any need there may be for repairs or replacements.
Section 5.
It shall be the duty of the Secretary to keep a record of all members and to keep a record of all proceedings of the meetings generally. The Secretary shall call roll at each general and special meeting.
Section 6.
It shall be the duty of the Treasurer to keep a record of all debts due to and from "The Fire Dept.", and to attend to the collection and payment thereof. The Treasurer shall render a full report at the annual meeting in May. All orders drawn on the treasury shall have the approval of the Chief or his Assistant before being posted.
The Treasurer shall be bondable.
Section 7.
Duties of the Fire Police:
A) Be properly sworn in by the Town Clerk.
B) Familiarize themselves with the New York State Motor Vehicle Laws pertaining to any and all emergency vehicles and volunteer firefighters.
C) Secure proper identification and equipment.
D) Maintain proper supervision of traffic and bystanders at an emergency so that firefighters and trucks have free and clear passage.
E) Maintain a security watch over real and personal property until relieved by the officer in charge.
Section 8.
Fire Council duties:
A) Shall meet prior to all regular meetings.
B) To examine such complaints and petitions as may be referred to the Council by "The Fire Dept.", and report thereon at the next meeting.
C) To expel or suspend any member found guilty of disobedience, improper conduct or infraction of these bylaws.
D) To examine, investigate and submit a written report to the Fire Chief on all applicants and transfers.
ARTICLE IV
MEMBERSHIP AND REQUIREMENTS
Non-Discrimination:
No person shall be denied, expelled from or subject to discrimination in the terms and conditions of membership by "The Fire Dept.", its officers, or members, directly or indirectly, because of sex, race, creed, color, national orion, marital status or disability of such person.
Section 1.
Any person 18 years or older shall have the privilege of presenting an application for membership on "The Fire Dept.".
With a favorable report from the Fire Council, he or she shall be voted on by secret ballot. Majority vote will rule.
A person living in the fire district has priority over a person not living in the Fire District for membership in "The Fire Dept.".
Section 2.
All transfers and reinstatements will be referred to the Fire Council and if they report favorably,
will be admitted to the organization.
Section 3.
Upon acceptance, according to the provisions of the article, all new members must enter a probationary period of six (6) months, after which his or her continued membership in "The Fire Dept." is
contingent upon a second membership vote. Majority vote will rule.
Section 4.
Proposed members shall be accepted for membership by a ballot at the regular monthly meeting one month after
receiving application by a simple majority vote of the members present. There shall be no other qualifications other t
han the qualificatious set forth in Sections one (1), two (2) and three (3) of this Article. Should the application not be
approved, such person shall not be permitted to reapply for membership in "The Fire Dept." for at least ninety (90)
days following said action. After three (3) such rejections, the application of that person will no longer be considered.
Section 5.
Members elected to "The Fire Dept." must attend a minimun of three (3) regular monthly meetings within the six (6)
months period following said election. Failure to comply with this section shall cause his name to be stricken from
the membership roll. Such person shall not be permitted to reapply for membership in "The Fire Dept." for at least
ninety (90) days following said action.
Section 6.
Members shall be required to submit to medical physicals as set forth in the State, County or Local statutes.
Section 7.
Members elected to "The Fire Dept." shall be required to complete the NEW YORK STATE ESSENTIALS OF FIREMANSHIP (or its equivalent) by their first anniversary date.
Section 8.
OSHA mandated training must be met each year.
Section 9.
Any member not meeting the mandatory membership requirements shall receive a warning letter in NOVEMBER from the Secretary signed by the Fire Chiefs. Any member not making the mandatory membership requirements shall be notified by registered letter in MAY that they no longer belong to "The Fire Dept.".
ARTICLE V
MEMBERSHIP
Section 1.
Active - Any member in this class must meet all requirements set forth in the constitution and by-laws of "The Fire Dept.".
Section 2.
Life member - Any member with twenty (20) years of service is a life member. Life members do not pay dues, and may fall into one of two categories:
A)
Active life - meets all requirements of the constitution and by-laws, has all rights and privileges and duties. (i.e., may respond)
B)
Life - Does not meet requirements of the constitution and bylaws for active membership. Has no rights or privileges beyond attendance at meetings and functions. May not respond to calls. May restore active status by meeting requirements.
Section 3.
Honorary membership
1) This membership can be bestowed on anyone; to be determined by 2/3rds vote of the attending members.
2) Any member shall be eligible to become an honorary member upon reaching the age of sixty (60) years or upon request because of illness; but shall have no rights or privileges of any character by reason there-of except upon invitation of the organization.
ARTICLE VI
DUTIES OF MEMBERS
Section 1.
The first duty of every member is to obey all commands of his officers while on duty.
Section 2.
Every member shall be in attendance at each regular and special meeting and at fires, except as
otherwise provided for in the bylaws. At the sound of the alarm, each member shall go directly to the
Fire House unless he is positive the vehicles and equipment have left, in which case he shall go to the
scene of the fire and shall not leave during the time the equipment is in operation unless excused by the
Chief or one of his assistants, and unless so excused, he or she shall report to the Fire House for roll call
upon return of the equipment.
Section 3.
Members will be required to sign in at each meeting attended, by the end of the Treasurer's report to
be considered present.
Section 4.
Members are required to meet the following:
A) Attend five (5) or more meetings.
B) Help with three (3) or more Fund Raisers.
C) One (1) Hose Test either Spring or Fall.
D) Any additional duties or activities included in SOP's.
Section 5.
No member shall leave during the time of a meeting unless excused by the Chair.
Section 6.
The member first reaching the Fire House after an alarm is sounded shall assume command and must be
obeyed until a superior officer arrives.
Section 7.
Any member not able to attend a regular or special meeting because of his or her employment or other bonafide
reason shall be excused from the meeting, provided such member informs the Chief or other officer of "The Fire Dept."
of such circumstances, either prior to the meeting or within a reasonable period following his return to the area.
Section 8
Every member must report at the Fire House upon the sound of the alarm when he or she is within the limits of the Fire District at the time of the alarm.
Section 9.
Any member willfully failing to abide by the constitution and bylaws of "The Fire Dept.", shall be subject to disciplinary action as recommended by the majority decision of the Fire Council and Officers. Said recommendation to be subject to appeal and reversal by a majority secret vote of the attending members of the next regular fire department meeting.
ARTICLE VII
DUES AND FEES
Section 1.
Applicants to "The Fire Dept." shall be required to pay five (5) dollars after being accepted by the organization.
Section 2.
Yearly dues of five dollars ($5.00) shall be paid by each member in advance. Any member who is delinquent in the payment of his dues for three (3) months shall be automatically dropped from the rolls.
Section 3.
Yearly dues shall not be prorated and shall nm from May 1st through April 30th.
ARTICLE VIII
CHANGES AND AMENDMENTS
Section 1.
No alterations or amendments shall be made to the Constitution unless proposed in writing at a regular meeting,
which amendment shall be referred to a special committee appointed by the Chair, when it shall be read at the next
three (3) regular meetings and must have the support of the members in good standing present. Should the committee
fail to report, the matter may be considered in a committee of the whole and immediate action taken thereon.
Rules of Order
1. But one member shall be entified to the floor during the same period of time. He or she must address the Chair and shall not be allowed to speak unless properly recognized by the Chair.
2. No proposition can be voted unless properly moved and seconded and declared open for discussion by the Chair.
3. All questions unless otherwise decided by the By-laws, shall be settled by a majority of the votes cast.
4. When a motion is properly before the organization, it must be disposed of before another can be entertained, nor shall a motion be made subject to more than two (2) amendments.