Howlett Hill Fire Department, Inc

HOWLETT HILL FIRE DEPARTMENT, INC.

DEPARTMENT BY-LAWS

Re-definitions Began: March 2004

Approved: April 2006

Property of the HHFD – Published work

CONSTITUTION and BY-LAWS

The members of the Howlett Hill Fire Department, Incorporated, in order to maintain a perfect union among themselves, establish discipline, define duty, ensure tranquility, and promote the objects for which they are incorporated, do ordain and adopt the following Constitution and By-Laws, in each and every respect.

Constitution & By-Law revision dates:

October 20, 1987

April 6, 1988

January 1, 1995

September 2002

November 2003

August 2004

February 2005

June 2005

July 2005

February 2006

March 2006 Final Draft

April 2006 – Approved by HHFD Membership at April 17, 2006 Business Meeting

The Howlett Hill Fire Department does not discriminate because of race, creed, color, citizenship, national origin, age (18 and up), sex, religion, marital status, arrest record (except where required by law), disability, or pregnancy in admission for membership. The Howlett Hill Fire Department will not tolerate any form of sexual or ethnic discrimination. In all cases, all HHFD members must be able to sustain the public trust.

TABLE OF CONTENTS

INTRODUCTION

PURPOSE:

The purpose of this document is to provide structure in the successful operation of the Howlett Hill Fire Department, Inc. (HHFD) from both a firematic and a corporate perspective. These By-Laws, developed by representatives of the HHFD, and approved via a vote of members in good standing, are guidelines on how we conduct business. Members in good standing are those members who comply with all the requirements outlined within these By-Laws.

A member feeling that a By-Law addition, modification or deletion be required, should follow the By-Law Proposal Process outlined in the corresponding Chapter of this document.

Liability of member’s disclaimer: No member of this corporation shall be personally liable for any of its debts, liabilities, or obligations, nor shall any member be subject to any assessment.

ARTICLE I

CORPORATE DESIGNATION

This Corporation shall be known and designated as the Howlett Hill Fire Department, Inc. hereto for referred as HHFD. The Corporation shall, for the purpose of business, be divided into two (2) sections:

1. Firematic / Rescue (referred to as Firematic)
2. Corporate

ARTICLE II

OFFICER GOVERNANCE

Section IDesignation of officers

The Officers of this Corporation shall consist of a Chief, 1st Assistant Chief,

2nd Assistant Chief, Captain, Lieutenant, 1st Lieutenant, 2nd Lieutenant,

3rd Lieutenant, a President, Vice President, Treasurer, Secretary, and nine (9) elected Board of Directors.

A 3rd Assistant Chief may be appointed at the Chief’s discretion with Board of Director’s approval.

A Chaplain may be appointed by the Chief or President, with Board of Director approval.

Section IIElection of Officers

NOTE: In the balance of this document are references to actions governed by a majority. In the case of a member abstaining, the number required for a majority vote is the same, indicating that abstaining votes are included in the vote.

1. The Corporation shall elect, at its Annual Election meeting, all designated officers of the Corporation except 3rd Assistant Chief, and Chaplain both of which are appointed positions. If an appointed position is deemed necessary, it will be filled. Appointed positions carry a one year term. The elections of the Chief and Assistant Chiefs are subject to the approval of the Town of Onondaga Town board, in conformity with Section 112 of the membership corporation law.
2. The election of all designated officers shall be by ballot and shall be determined by a majority of the members present and absentee ballots, if any be cast. Under no circumstances will the Secretary of the Corporation cast one unanimous ballot for any elected office.
3. Officers of the Corporation, with the exception of the Board of Directors, shall be elected for a one year term, when duly elected and approved. Newly elected Captain and all Lieutenants shall assume their duties immediately upon being elected. All other newly elected officers shall assume their duties on January 1..
4. The Board of Directors of the Corporation shall be elected for a term of three (3) years.
5. In the event of failure to fill an office at the Election meeting, the newly elected Chief shall appoint an interim officer on the firematic side or the newly elected President shall appoint an interim officer on the Corporate side, which will be voted on by the Board of Directors at their next meeting.
6. Any member on Special Status may not run for any Line Officer position, Corporate position or Board of Director position of this department. A member on Special Status, may return to Regular Status by notifying the Chief.
7. Any member not in good standing may not run for office or vote in an election.
8. Any member who may have been not in good standing, and wanting to run for a Firematic Line office or for a Corporate office, must have been returned to good standing for at least 3 months prior to the election.

Section IIIQualification of Firematic Officers

Qualifications and Training for Firematic Line Office

If a person has previously held the position in HHFD, they are considered to meet the qualifications of that office in the future and all lower offices.

No Line Officer can hold the same position for more than four consecutive years.

Section IVDuties of Officers

All elected officers of the HHFD both Firematic and Corporate shall be a member in good standing of the HHFD.

1. Chief

The Chief of the Corporation, hereinafter referred to as the Department, shall be governed by all Federal, State, County and/or Town laws pertaining to fire departments and fire protection districts.

The Chief’s duties are as follows:

• Shall have exclusive control of all firematic and/or rescue equipment, apparatus and engine room, cooperating with the President in maintaining corporate properties and equipment.
• Shall, during the time of fire, emergency, or drills, have exclusive control over the department and its members.
• During the aforementioned times, shall hold all officers and members to strict account for neglect of duty or acts contrary to the Constitution and By-Laws.
• May suspend any officer or member at any time and present the charges against them before the Executive Committee before the next regularly scheduled monthly meeting.
• It shall be the duty of the Chief to investigate all fires or alarms of fire and report same at each regularly scheduled monthly meeting.
• Will act as Chairman of any committees for the purchase of firematic / rescue apparatus and equipment.

• Shall have at his/her disposal the use of a corporate credit card. This card must be reconciled each month including presentation of appropriate receipts to the Treasurer and Executive Committee.
• Shall determine which fire fighters are eligible to be classified as “Day Members” or “Duty Members”.

1. 1st Assistant Chief

The First Assistant Chief shall assist the Chief in all his / her duties or in any way the Chief may direct. He / She shall assume the powers and duties of the Chief during the Chief’s absence.

• Shall have at his/her disposal the use of a corporate credit card. This card must be reconciled each month including presentation of appropriate receipts to the Treasurer and Executive Committee.

1. 2nd Assistant Chief

The Second Assistant Chief shall assist the Chief in all his / her duties or in any way the Chief may direct. He / She shall assume the powers and duties of the Chief during the absence of both the Chief and First Assistant Chief.

• Shall have at his/her disposal the use of a corporate credit card. This card must be reconciled each month including presentation of appropriate receipts to the Treasurer and Executive Committee.

1. 3rd Assistant Chief

Qualified individuals interested in an appointment to fill this position must forward their resume to the Chief. The Third Assistant Chief, if one has been appointed at the discretion of the Chief in conjunction with the 1 and 2nd Assistant Chiefs, shall assist the Chief in all his / her duties or in any way the Chief may direct.

He / She shall assume the powers and duties of the Chief during the absence of the Chief, the First Assistant Chief and the Second Assistant Chief. The 3rd Assistant Chief may be appointed for a maximum of two consecutive terms.

• Shall have at his/her disposal the use of a corporate credit card. This card must be reconciled each month including presentation of appropriate receipts to the Treasurer and Executive Committee.

1. Captain

Under the direction of the Chiefs:

• The Captain shall take charge of the Department at all Fire alarms, Fire drills, Fire schools, EMS / Rescue alarms, EMS drills and all EMS schools of instruction.
• Shall see that all rescue vehicles, supplies and equipment are in good working condition and ready at all times.
• Shall give a report, as it pertains to Fire, EMS and Rescue on the status of equipment and training at each regular and annual meeting.
• Shall keep or have cause to be kept an inventory of all fire and EMS / Rescue equipment.
• Shall be responsible for coordinating one special practice a month for those members classified as “Day Members” or “Duty Members”.
• May designate any duty as deemed necessary to any of the Lieutenants.

1. Lieutenant

• The Lieutenant shall assist the Captain and assume the duties and powers of the Captain in the absence of the Captain.
• Shall be responsible for organizing training drills.
• Shall perform all duties designated to him / her by the Captain.

1. 1st, 2nd 3rd Lieutenant

• The 1st, 2nd and/or 3rd Lieutenant shall assist the Lieutenant and assume the duties and powers of the Lieutenant in the absence of the Lieutenant. The 1st Lieutenant would be the first to assume said duties, followed by the 2nd and 3rd respectively as needed.

• Shall perform all duties designated to him / her by the Captain.
• Each Lieutenant will be responsible for specific pieces of apparatusand the respective Truck Foreman. There will be a minimum of at least ONE Truck Foreman for every piece of apparatus.

1. Driver Training Foreman

• Teach driver training on all the HHFD apparatus
• Maintain records of qualified drivers
• Recommend to Chief or Line Officers when a driver needs to take a refresher course on any apparatus
• Facilitate keeping certified pump operator qualifications in order
• Manage an annual driver re-qualification session to assure all driver capabilities
• This is an appointed position, appointed by the Chief

Section IVQualification of Corporate Officers

Qualifications and Training for Corporate Office

If a person has previously held the position in HHFD, they are considered to meet the qualifications of that office in the future and all lower offices.

1. President

• Shall have exclusive control of all Corporation property, buildings, grounds, equipment etc.
• Shall be responsible for the care, maintenance and upkeep of all corporate equipment and property.
• Shall preside at all meetings of the Corporation.

• Shall cast a vote only in case of a tie.
• Shall attest all orders on the treasury that have been audited and approved by the Executive Committee.
• Shall appoint such committees as deemed necessary.
• Shall suspend any member(s) if said individuals are being disruptive, unruly or inordinate. The President shall present charges to the Executive Committee before the next regular meeting regarding any suspended member(s).
• Shall act as Chairman of all Corporate committees for the purchase of corporate equipment and property or for corporate-related maintenance and repair contracts.
• Shall be governed by all Federal, State, County and Town laws pertaining to Membership Corporations.
• Shall have at his/her disposal the use of a corporate credit card. This card must be reconciled each month including presentation of appropriate receipts to the Treasurer and Executive Committee.

1. Vice President

• Shall assist the President in any way deemed necessary by the President.
• Shall assume the duties and powers of the President in cases of his/her absence.
• Shall receive appropriate revenues and make payments in accordance to his/her roles as the Treasurer of the Corporation’s Special Account fund.
• Shall submit Treasurer’s books, accounts and/or supporting documentation, when requested, for review by the Board of Directors and the Corporation’s independent Accountant.
• Shall have at his/her disposal the use of a corporate credit card. This card must be reconciled each month including presentation of appropriate receipts to the Treasurer and Executive Committee.

1. Treasurer

• Shall receive appropriate revenues of the Corporation, keeping monies so acquired in the General Account.
• Shall pay all expenses of the Corporation attested by the President and those approved by the Executive Committee. The Treasurer shall have the signatory power to sign all checks of the Corporation’s checking account for payment of the aforementioned expenses.
• Shall keep accurate record of all receipts and disbursements of the General Account.
• Shall submit Treasurer’s books, accounts and/or supporting documentation, when requested, for review by the Board of Directors and the Corporation’s independent Accountant.
• Shall make a Treasurer’s Report at each regular Business Meeting, at the Annual Business Meeting and at Special Meetings (if required).
• Shall collect and record any monies from fines levied to members and provide receipt of payment.

1. Secretary

• Shall attend all Business Meetings, regular and special, keeping accurate records of the minutes of said meeting.
• Shall keep on file all correspondence, documents, etc. and preserve same according to generally accepted archival procedures.
• Shall keep on file all books of the Corporation, other than those required by the President, Vice President or Treasurer.
• Shall administer to all correspondence of the Corporation.
• Shall supply the President, Chief and Board of Directors Chairman a copy of meeting minutes for each meeting in a timely manner.
• Shall notify all applicants, by mail, of their acceptance or rejection for membership.
• Shall notify of status, by mail, any member(s) expelled from the Corporation. Correspondence of such action will also be forwarded to the Town of Onondaga Town Board.
• Shall maintain a current list of members in good standing.

1. Chaplain

• It is recommended that he/she follow the guidelines as outlined in the New York State Fire Fighter Chaplain’s code.
• Shall report to the Chief for matters related to Firematic circumstances and to the President for matters relating to Corporate operation.
• Shall not forcibly pressure any member to follow any religious beliefs.

Section V Vacancies