Spencer Fire Company, Inc.
Constitution
Preamble
Whereas, in any well regulated association the maintenance of order and the preservation of discipline and harmony depend essentially upon the establishment of proper rules and regulations for the conduct of it's business and the discipline of it's members:
Now therefore be it resolved,
First, that it shall be the duty of each member of the Spencer Fire Company, Inc. to abstain from any conduct which may reflect discredit on the Company, and always to endeavor to cultivate good feeling among members and officers
Second, that for the purpose of effecting a good organization, establishing discipline, defining duties, and promoting the welfare of the Company, we, the members of the Spencer Fire Company, Inc. do hereby adopt and agree to support the following constitution, and hold ourselves bound each to the other for it's faithful observance.
Article I - Name
Section 1. This organization shall be known and designated by the name Spencer Fire Company, Inc.
Article II - Purposes
Section 1. The purposes of the Company as set forth in its certificate of incorporation are:
1. To provide protection to persons and property against injury, loss, damage, or destruction by fire, and also, to the extent proper and permissible for volunteer fire companies, against injury, loss, damage or destruction by reason of other calamities, emergencies and catastrophes.
2. To provide for the mutual enjoyment, entertainment, improvement and training of its members.
3. To acquire and own fire and other apparatus and equipment for use of the Company in accomplishing the foregoing purposes.
4. To acquire and own land and to construct and maintain buildings thereon for all Company purposes, including the housing of apparatus and equipment and the provision of a meeting place for the members of the Company.
Article III - Members
Section 1. Any resident
of the Village or Town of
Section 2. An application for membership must be made in writing, signed by the applicant, stating age, residence, and occupation, and must be accompanied by the initiation fee, which shall be returned in case the applicant is rejected. The application shall be given to the Trustees, who shall report on it at the next regular meeting, and if not more than two unfavorable ballots are cast, the applicant shall be declared Probationary.
Section 3. All new members, or Probationary members, shall be subject to a six-month probationary period to show the membership their level of commitment. At the end of the six-month period the Probationary member shall be reviewed and voted upon for active membership, if over the age of eighteen. He shall thereupon be entitled to a key to the fire station at the discretion of a Chief and a Trustee.
Section 4. Any member wishing to withdraw from the Company shall make application to the Secretary in writing, which shall be accompanied by his key and any sums due the Company. If no charges are then pending against the member, such request shall be granted by the Company.
Section 5. Any officer or member of the Company shall resign whenever requested in writing to do so by two-thirds vote of the members present and voting at a regularly convened meeting.
Section 6. Upon termination of membership, from whatever cause, a member shall lose all claim and interest in any of the property of the Company.
Section 7. Upon a vote of the Company, any person whose membership has terminated may be reinstated in membership upon payment of all dues from the date of termination to the date of reinstatement, plus the initiation fee plus one year's dues in advance.
Article IV - Officers
Section 1. The executive officers of this Company shall consist of a Chief, and a First, Second, Third and Fourth Assistant Chiefs.
Section 2. The civil officers shall consist of a President, Vice-President, Secretary, Treasurer, Chaplain, Trustees.
Section 3. The term of office of each civil officer shall be for one year, with the exception of the Trustees, which is covered in Article V, Section 1., commencing with the annual meeting and continuing until his successor is elected. The term of office of each executive office shall be set forth in Article VIII, Section 2.
Section 4. If a vacancy shall occur in any civil office, it shall be filled for the unexpired term at the next regular meeting in the same manner as at the annual meeting. If a vacancy should occur in any executive officer, with the exception of the Chief, it shall be filled at a Special Meeting. The nomination of a successor to fill the unexpired term shall be made at the next regular meeting in the manner set forth in Article VIII, Section 3. Should a vacancy occur of the Chiefs position, the Board of Trustees along with the approval of the Spencer Village Board shall appoint an Interim Chief to serve until a new Chief is elected by the membership.
B. Duties of Officers
Section 1. It shall be the duty of the Chief to command the company at fires, practice sessions, and parades, to observe that each member does his duty; to see that the apparatus and everything appertaining thereto are kept in good order; to report to the Village Trustees when any repairs are necessary; and to report to the Company any delinquency or disobedience of orders on the part of the members.
Section 2. It shall be the duty of the Assistant Chiefs to aid the Chief in the discharge of his several duties; to enforce all orders given by the Chief; and to officiate in his capacity when he is absent.
Section 3. It shall be the duty of the President to preside at all meetings of the Company. He shall be entitled to vote on the election of officers and members, also when a two-thirds vote is required, and in the case of a tie. He shall enforce this constitution and all rules adopted by the Company.
Section 4. It shall be the duty of the Vice-President to assist the President, and to perform his duties in his absence. It shall be the duty of the Vice-President to maintain the list of which members are active, honorary, and probationary.
Section 5. It shall be the duty of the Secretary to keep a correct roll of the members of this Company and to call the same at all meetings or whenever the President or the executive officer in charge may request, and note the names of absentees; to keep a correct account of the proceedings of each meeting in a book for that purpose, and read the same at the next meeting; to keep on file all documents relating to the business of the Company, the same to be accessible to the members at any meeting when the same shall be called for; to notify every person elected to membership of such election, and to furnish him with a copy of the constitution, and also with a key to the engine room; to collect all dues, fines and assessments and hand all moneys thus collected to the Treasurer at least once each quarter and secure a receipt for the same; and to perform all other duties which may be provided by this constitution. In case he shall at any time be unable to attend any meeting, it shall be his duty to convey or cause to be conveyed to the place of meeting all books or papers of the Company in his possession which are required at such meetings. He shall be entitled to an expense allowance to be determined each year by the membership.
Section 6. It shall be the duty of the Treasurer to receive all funds of the Company, deposit the same in a bank account in the name of the Company, and disburse the same only upon order of the Board of Trustees, as evidenced by a draft signed by the Secretary. He shall keep a regular account of all moneys received and disbursed, and make a report thereof at the annual and semi-annual meetings of the Company, and whenever required by either the Company or the Board of Trustees. He shall be entitled to an expense allowance to be determined each year by the membership.
Section 7. It shall be the duty of the Chaplain to serve the spiritual and actual needs of the membership and/or its families, in a time of need. Inactive members will be sent a card for death in the family, birth, hospitalization, etc. Active members and Honorary members will also be entitled to flowers.
Section 7 8. All line officers, which shall include Chief, First, Second, Third and Fourth Assistant Chief, shall be entitled to an expense allowance to be determined each year by the membership.
Section 9. All officers, executive or civil, who fails to perform their duties within any three month period will be removed from office and the vacancy will be filled from eligible candidates at the next regular meeting as listed above. Any member removed from office will still be eligible to remain an active member of the Company.
Article V - Board of Trustees
Section 1. The Board of Trustees shall consist of three members, one of whom shall be elected from the membership of the Company at each annual meeting for a term of three years. Immediately after the annual meeting the Board shall meet and designate one of it's members as Chairman for the forthcoming year.
Section 2. It shall be the duty of the Board of Trustees to hold, supervise, maintain and administer the property and funds of the Company; to review the accounts and records of the Secretary and Treasurer, and report the condition of the same at the annual meeting; to audit all bills presented to the Company and give direction as to the payment thereof; to maintain an inventory of all property if the Company and present the same at the annual meeting; and rigidly to inquire into the character and competence of all persons who apply for membership in the Company and report the result of such investigation to the Company.
Article VI - Duties of Members
Section 1. It shall be the duty of each active member to attend at least six meetings of the Company each year, unless excused by the Chief, and at least two hours of the practice sessions each month, unless excused by the Chief.
Section 2. Each
new member shall attend either Scene Support Operations, or the state
equivalent for Exterior Fire Fighting or Fire Fighter Level One, or the state
equivalent for Interior Fire Fighting.
Each new member shall take such a course within the first year of their
membership if possible, and in any event as soon as it is given in a location
within fifteen miles of the
Section 3. Upon an alarm of fire, it shall be the duty of the member to go either to the fire station or to the location of the fire; to render all assistance in their power; to assist in the reloading of hose and other equipment; to return with the apparatus to the fire station; to assist in making it ready for immediate call; and to remain until dismissed by the Chief or his representative. Each member shall strictly obey all orders given by the officer in command at any fire, practice, or parade, and strictly observe all rules adopted by the Company or prescribed by the Chief.
Section 4. No person other than an active member of the Company may ride on the Fire apparatus or enter a burning building Probationary member cannot leave school to attend a fire unless so requested by the officer in charge. A Probationary member will be issued a key at age of eighteen at the discretion of the Chief. Probationary members will not be allowed inside a burning building unless authorized by the Chief or his designee.
Article VII - Truck Drivers
Section 1. It shall be the duty of, and at the discretion of, the Chief to appoint a minimum of truck drivers for each truck or other piece of apparatus of the Company. A member must be a minimum of twenty-one years old to be eligible to drive the fire trucks and other apparatus.
Section 2. At an alarm of fire, a truck driver shall report to the fire station; act as driver and operator of a fire truck or other apparatus; remain at the fire and until relieved by the officer in charge; return the truck or apparatus to the fire station; and take all steps necessary to make it ready for immediate call.
Section 3. No person other than a truck driver shall drive any fire truck or other apparatus of the Company, except with the permission of the commanding officer, which shall only be given in emergencies.
Article VIII - Elections
Section 1. All of the civil officers and Trustees shall be elected separately from the membership of the Company at the annual meeting, in the order in which the positions are named in this constitution, by written ballot by a plurality of the ballots cast.
Section 2. In November a list of eligible candidates for Chief and the four Assistant Chiefs positions will be presented to the membership by the Secretary. The nominees shall be turned over to the Board of Trustees. Approved nominees will then be turned into the Spencer Village Board for their approval. This slate of nominees shall be voted on by the member ship at their regular meeting to be held in the December meeting.
Nominees for Chief need to have had at least one year's experience as an Assistant Chief.
Section 3. Nominees for Assistant Chiefs need to have at least the following courses:
Incident Command Course, and Haz Mat course and the minimum training requirements for an interior Fire Fighter. In addition, the nominees for Assistant Chief shall have made a minimum of 20% of that years calls (all calls) and made the training and meeting requirements for active members.
All nominees must be members of the company and residents of
the Fire District for a minimum of one year.
The secretary shall transmit a list of the nominated officers so made to
the Board of Trustees of the
If not enough qualified (as outlined above), candidates are available to fill the vacancies the position will be held vacant until there are qualified candidates.
Section 3. No two offices shall be filled by the same person. Probationary members shall not hold an office or be entitled to vote in meetings.
Section 4. Only active members shall be entitled to vote during elections, on business matters of the Company, or whenever else a vote may be required.
Article IX - Meetings
Section 1. The Annual Meeting of the Company shall be held the second Monday evening in the month of December each year.
Section 2. Regular meetings of the Company shall be held on the second Monday of each month, except when such Monday shall be a legal holiday, in which event the meeting shall be held on the following Tuesday.
Section 3. Special meetings of the Company may be called by the President or by the Chief on twenty-four hours notice to the members, and must be called by the President upon the written request of seven members.
Section 4. The hour of all meetings shall be 8:00 o'clock in the evening.
Section 5. Seven members shall constitute a quorum.
Article X - Order of Business
Section 1. The order of business for regular meetings shall be as follows:
1. Roll call
2. Minutes of previous meeting
3. Reports of fire or other emergencies
4. Action on applications for membership
5. Reading of communications and bills and receipts
6. Report on committees
7. Chaplain's Report
8. Treasurer's Report
9. Election to officers to fill vacancy
10. Unfinished business and collection of dues
11. New Business
12. Refreshment committee
13.
14. Adjournment
Section 2. The order of business for special meetings shall be as follows:
1. Roll call
2. Reading of minutes of previous meeting
3. Business for which meeting was called
4. Adjournment
Section 3. The order of business for annual meetings shall be as follows:
1. Roll call
2. Report of fires or other emergencies
3.
4. Nominations from the floor
5. Balloting for officers
6. Minutes of last regular meeting
7. Any business that may require immediate attention
8.
9. Adjournment
Article XI - Rules of Order
Section 1. The following rules of order shall be observed at all meetings of the Company:
1. After the meeting is called to order, each member shall be seated and uncovered. The secretary shall then call the roll and read the minutes of the last meeting, and should no error appear, they shall stand approved.
2. Any member wishing to speak, make a motion, or second the same, shall rise in his seat and address the chair.
3. No motion shall be considered or adopted unless the same shall have been seconded.
4. A motion having been made and seconded, the chair shall rule whether it is in order, and if it is, the chair shall then repeat the motion and afford opportunity for discussion.
5. When two or more arise at the same time, the chair shall decide which of them is entitled to the floor.
6. When a question is under debate, no motion shall be received unless it be to amend, to refer, to lay on the table, to postpone for the previous question, or to adjourn.
7. An amendment is at all time in order except in cases provided for under rules 9 and 10. If it is accepted by the mover of the resolution, the question shall be on the motion as amended: if not, the amendment shall be the question first considered.
8. No motion or proposition relative to a subject different from the one under consideration shall be admitted under the color of an amendment.
9. A motion to lay on the table shall be decided without amendment or debate.
10. The previous question, until it is decided, shall preclude all amendments and debates, and shall be put forth in this form: "Shall the main question be now put?"
11. A motion to adjourn shall be in order at all times and be decided without debate.
12. Any motion or resolution, once offered, shall not be withdrawn unless it be by the member who offered it, and before any amendments or question be had upon it.
13. After debate, the chairman shall repeat the motion before the question is taken and ask, "Are you ready for the question?"
14. All motions, unless otherwise provided by law, shall be determined by a majority of votes.
15. Ever member who is present when a question is put shall vote upon the same unless excused by the chair or he be directly interested, in which case he shall not vote.
16. Any member may call for a division of the question when the same will admit.
17. No member shall interrupt another member when speaking, unless to call him to order.
18. If the chairman wishes to speak on any question up for debate, he shall vacate the chair for that purpose.
19. Members shall address the members of the Company in a gentlemanly manner.
Section 2. The procedure in any situation not covered by the fore-going rules shall be in accordance with the current edition of "Robert's Rules of Order".
Article XII - Initiation Fees - Dues - Fines
Penalties & Assessments
Section 1. The initiation fee shall be $5.00.
Section 2. The annual dues shall be $1.00 per member, payable on or before the annual meeting, and shall cover the ensuing year. Such dues must be paid in full before a member may vote at the annual meeting or hold office. Upon payment of the dues, each member shall be entitled to a membership card covering the year for which the dues are paid. A notice of delinquent dues shall be sent, by the Secretary, to those members whom it applies, before the February meeting.
Section 3. If a member shall fail to pay his dues by the time of the annual meeting, or shall fail to pay any fine, penalty, or assessment within the time specified by the President or the Chief, he shall be notified by the Secretary and must pay the same within thirty days of such notice, or his membership shall be deemed suspended, and shall remain suspended until reinstated in accordance with the procedures set forth in Article III, Section 6.
Section 4. Assessments to meet expenditures for which insufficient funds are available may be levied on all members by a two-thirds vote of the members present at a regular meeting.
Section 5. The amount of fines and penalties shall be determined by the Chief and the Board of Trustees for the following:
A. For personal use of any Company property without permission of the Chief,
B. For unauthorized driving or operation of a fire truck or other apparatus,
C. For willful damage to Company property, the cost of repair or replacement as determined by the Board of Trustees,
D. For loss, gift, or sale of a key to the fire station, forfeiture of the right to such a key and such other penalty as the Board of Trustees may determine.
Article XIII - Honorary Members
Section 1. Any person who shall have served five years as an active member of this Company or of any other fire company may at his request, and upon a vote of the Company, be designated an Honorary Member of the Company, and shall thereupon cease to be an active member. Thereafter he shall be exempt from payment of dues, assessments, fines and penalties.
Section 2. An Honorary Member may:
A. Attend all regular, special, and annual meetings of the Company.
B. Have the privilege of the floor for discussion, but may not vote.
C. Attend all social functions and activities of the Company.
Article XIV - Charges Against Members
Section 1. Members that have grievances with another member of the Company should first try to settle the grievance amongst themselves. If the grievance cannot be settle amongst themselves the members shall meet with the President of the Company for any grievances not related to firefighting duties. Members shall meet with the Chief or an Assistant Chief for any grievances related to firefighting duties. If the grievance still cannot be solved then the member is entitled to file charges for review by the membership of the Company.
Section 2 Any charge or charges against a member of the Company shall be made in writing, and a copy furnished to the member so charged. Upon request by him or by any member of the Company, the President shall appoint a committee of five members to investigate such charge or charges and report findings to the Company for action at the next regular meeting. The member charged shall be entitled to notice of the time and place of meeting of the committee, and may appear and be heard at such meeting.
Section 3 At the next regular meeting of the Company the charge or charges shall be presented for action, together with the report of the committee, if a committee was appointed. The company shall there-upon by ballot determine whether the member is guilty of the charge or charges, and if he is found guilty, shall fix the penalty. If the penalty is expulsion from the Company, a two-thirds vote of the members present and voting may be required.
Article XV - Committees
Section 1. Standing or special committees may be created by the Company, and shall be appointed in such a manner as the Company may from time to time direct. The member first named for appointment shall be Chairmen thereof.
Article XVI - Miscellaneous Provisions
Section 1. No fire apparatus shall leave the fire station without the permission of the Chief, except in case of fires, practice sessions, or to test the apparatus, and then only when operated by a truck driver.
Section 2. Each member shall be personally responsible to the Company for any Company property in his possession.
Section 3. Any question which may arise concerning the interpretation of this constitution shall be decided by the chair, but on motion the ruling of the chair may be appealed to a vote of the Company and may be reversed or altered upon a two-thirds vote. The interpretation as finally determined shall be entered in the minutes.
Article XVII - Adoption
Section 1. This constitution shall take effect upon the approval thereof by a two-thirds vote of those members present and voting at a regularly scheduled meeting of the Company.
Section 2. Upon such adoption, all prior constitutions and by-laws of the Company shall be deemed repealed. Adopted by the Spencer Fire Company, Inc., May 13, 1991. Effective May 13, 19991.
Article XVIII - Amendments
Section 1. This constitution may be amended at a regular meeting of the Company by a two-thirds vote of those present and voting, provided:
A. The proposed amendment shall have been presented at a previous regular meeting, and
B.
Notice of the regular meeting at which it is
proposed to vote on said amendment shall have been published in the official
newspaper of the
Spencer Fire Police
Constitution and By-Laws
Article I - Name and Object
Section 1. This organization shall be known as "Spencer Fire Police".
Section 2. The object of this organization is to promote the interests of the Volunteer Fire Police of Spencer, New York; to strengthen the bonds of unity and render assistance, by way of education and other informative sources, among members of the Spencer Fire Policy and Spencer Fire Company and all other mutual assistance companies; and to advance the efficiency and cooperation of the fire police in the discharge of their duties.
Article II - Membership
Section 1. This organization shall consist of volunteer firemen, in good standing in the Spencer Fire Company, who have been appointed by the Spencer Fire Company Chief and accepted by the officers of the Spencer Fire Police.
Section 2. No
person shall be appointed to active standing in the Spencer Fire Police until
he has satisfactorily completed a course in training as outlined in the Fire
Police Manual of the Fireman's Association of the State of
Section 3. A. Each member shall be entitled to receive:
1. One 8-point fireman's hat and badge.
2.
3.
4.
5.
B. On receipt of this equipment each member shall give his personal note of indebtedness in the sum of twenty-five ($25.00) dollars, which shall be returned to him on the return of the equipment in good order.
C. It shall be the responsibility of each member to keep his equipment in good order and to replace any equipment damaged or destroyed through his neglect.
Section 4. No member of the unit shall have any right or interest in or to the property or assets of the unit.
All property and assets of the unit shall be subject to the direction and control of an expenditure by the Board of Directors after having been authorized by a majority vote of the membership. Should the unit be liquidated or dissolved or otherwise cease to function, the property and assets of the unit shall be distributed by the Board of Directors in accordance with the direction of a majority of the membership present at any regular or special meeting called for such purpose.
Article III - Duties
Section 1. The duties of the Spencer Fire Police are:
a. To maintain traffic arteries for free movement of fire apparatus and equipment to and from the scene of a fire, emergency, or practice.
b. To regulate traffic at fires, emergencies and practices.
c. To protect firemen while fighting fire, or an emergency or practice.
d. To protect the general public at the scene of a fire, emergency or practice.
e. To keep fire areas clear for fire fighting purposes.
f. To discourage abuses of law while apparatus is traveling to fires, emergencies or practices.
g. To protect the equipment of the fire company.
h.
To enforce the laws of
i. To cooperate with all regular police agencies.
j. To protect the property at the scene of a fire until the Chief releases him from duty and turns the responsibility over to other police agencies or the owner.
k. To report all unusual circumstances notes at a fire to the Chief.
l. To maintain safe conditions for firemen working a fire.
m. To obey immediately all lawful orders of superior officers.
n. To hold regular meetings of an educated nature in order that the Fire Police Unit will have the proper background to operate their unit efficiently and legally.
Article IV - Officers and Duties
Section 1. The officers of this unit shall consist of a Captain, a Lieutenant, and a Secretary-Treasurer.
Section 2. There shall be a Board of Directors to consist of members of Section 1 and one additional member elected from the membership of the unit.
Section 3. It shall be the duty of the Captain to preside over meetings, regular and special. He shall call special meetings at the request of three members. He shall countersign all orders on the treasurer.
Section 4. a. The lieutenant, in the absence of the Captain, shall preside over meetings. In case of death or resignation of the Captain, the Lieutenant shall fill the unexpired term of the office.
b. It shall be the duty of the lieutenant to keep an accurate record of all equipment of the unit.
Section 5. a. It shall be the duty of the Secretary to keep a complete record of all proceedings of the unit. The secretary shall give notice of events as ordered by the Board of Directors.
b. It shall be his duty as Treasurer to receive all monies and keep an accurate record of the same. He shall pay all bills upon approval of the Board of Directors or authorization of the unit by motion.
Section 6. The officers of the unit shall be elected by the membership of the Spencer Fire Company at the annual meeting from the membership of the unit and shall serve for one year.
Section 7. Whenever a vacancy in the Board of Directors occurs through resignation or otherwise, the vacancy shall be filled by election at the next regular meeting except as otherwise stated in this article.
Article V - Committees
Section 1. There shall be the following committees:
a. Law committee, to be appointed by the Captain and consist of three members.
b. An audit committee, to be appointed by the Captain and to audit all bills before payment and who shall audit the books of the Secretary-Treasurer before each annual meeting.
c. A Social committee, to be appointed by the Captain, who shall consider the social and welfare considerations of this unit.
Article VI - Meetings and Quorum
Section 1. Regular meetings shall be held at least once every three months at such time and place as designated by the Captain.
Section 2. The annual meeting shall be held one month in advance of the annual meeting of the sponsoring company and a full report made at the Company annual meeting.
Section 3. Five members shall constitute a quorum.
Section 4. All decisions of the unit shall be subject to review by the sponsoring company.
Section 5. The sponsoring company shall have the final decision on all transactions of the unit.
Article VII - Amendments
Section 1. These By-Laws can be amended only by a two-thirds vote of members present at a regular meeting and shall be subject to acceptance by the sponsoring company.