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 its business and the discipline of its
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 Spencer Fire 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 Spencer Fire 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
This
organization shall be known and designated by the name Spencer Fire Company,
Inc. Hereafter referred to as the
“Company” or “SFD”.
Article II - Purposes
The
purposes of the Company as set forth in this Constitution of incorporation are:
·
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
·
To
acquire and own fire and other apparatus and equipment for use of the Company
in accomplishing the foregoing purposes
·
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
·
To
provide training, encouragement of a cohesive team, and entertainment for the
benefit of the Spencer Fire Company members
Article III -
Membership
Membership Eligibility
Any
resident of the Village or Town of
Membership Application
An
application for membership must be completed and signed by the applicant. The completed application, along with the
initiation fee should then be submitted to the Spencer Fire Department Trustees
for review. A meeting between the Trustees
and the applicant shall occur prior to the general membership voting. All applicants agree to a back ground
investigation and may be required to provide documentation to support good
health should they be involved in interior fire fighting. An applicant will be denied membership if (a)
the applicant background check reveals an undesirable/ethical character of the
applicant such as arson or other criminal charges and/or (b) if the applicant
does not pass the approval and vote of membership. If denied, the membership initiation fee shall
be returned. Once the interview and background
check process is complete, the Trustees shall provide recommendation for
membership vote at the next regularly scheduled fire department meeting. If not more than two unfavorable ballots are
cast, the applicant shall be declared a Spencer Fire Department Member on
Probationary status. New members are
required to pay for one year of membership dues at the time they are voted into
the Company.
Membership Classifications
Probationary
Status – All new members, regardless of membership classification, shall be
subject to a six-month probationary period.
After the six-month probationary period, the new member shall be
reviewed by the Chief and either granted an extension of the probationary
period, or the member shall be declared as active per the member’s membership
classification. Fire station keys,
turn-out gear and other fire department privileges may be granted per the
approval and review of the Chief and/or the Trustees.
Spencer Fire Company shall have five
membership classifications. It is the
duty of the Secretary to maintain records of each member and their membership
classification and it is the duty of the Chief to be aware of each member’s
fire fighting abilities and member classification.
Active Member – A SFD company
member who: (1) has completed the basic NY State requirements for fire fighter
training; (2) meets the minimum training requirements of the department as
stated in the Company Training policy and/or Standard Operating Guidelines; (3)
on an annual basis, attends no less than half of the Company membership
meetings; (4) participants in no less than two public relation events (including fundraising functions) per year;
and (5) is not delinquent in membership dues or other monies owed to the
Company. Active Members are entitled to
hold office, vote at all membership meetings, attend all social functions, and
use the fire equipment and apparatus they have been qualified to operate.
Support Member – A SFD
company member who: (1) desires to support the Active Members in their fire
fighting duties and/or supports the Company overall well being; (2) on an
annual basis, attends no less than half of the Company membership meetings; (3)
participants in no less than two public relation events (including fundraising
functions) per year; and (4) is not delinquent in membership dues or other
monies owed to the Company. Support
members are entitled to hold office, vote at all membership meetings and attend
all social functions. Support Members
may not use the fire equipment and apparatus unless they have been ordered to
do so by a Company Chief and they have been qualified to operate such equipment
for a limited purpose. Support members
shall not engage in fighting fires or knowingly put themselves in harms way
during an emergency.
Youth Member – A SFD
Company member who: (1) is between 16 and 18 years of age and has the written
approval of both their legal guardians and the Trustees; (2) desires to support
the SFD membership in their firefighting duties, public relationship events,
and support the Company well being overall; (3) on an annual basis, attends no
less than half of the Company membership meetings; (4) participants in no less
than two public relation events (including fundraising functions) per year; (5)
is not delinquent in membership dues or other monies owed to the Company. Youth Member shall put his/her education
before the Company needs. Youth Members
may attend social functions as permitted by their legal guardian. Youth Members may not: (1) hold office or vote at membership meetings; (2) use
the fire equipment and apparatus unless they have been ordered to do so by a
Company Chief AND they have been qualified to operate such equipment; (3)
engage fire fighting or knowingly put themselves in harms way during an
emergency; (4) drive any fire apparatus.
Life Member – A SFD Company Member who has met the
minimum years of service and has been recognized as a Life Member by the
Company during a regular meeting. Life
Member status may be achieved by a SFD Company member who either (A) has served
no less than ten (10) years as an active member of the SFD or (B) has served
five (5) years as an active member of SFD and ten (10) years as a member in
good standing with another fire company.
Company members may be designated as Life Members after a written
request has been provided to the Trustees AND, the candidate receives a
two-thirds positive vote at a regularly scheduled SFD membership meeting, AND
the member is not be delinquent in membership dues or other monies owed to the
Company.
Life members may vote
at membership meetings where they are present, and attend all social
functions. Life Members may not use the
fire equipment and apparatus unless qualified to operate such equipment.
Life Members are
entitled to hold office if the following conditions are met by the Life
Member: (1) meets the minimum training
requirements of the department as stated in the Company Training policy and/or
Standard Operating Guidelines; (2) on an annual basis, attends no less than
half of the Company membership meetings; and (3) participants in no less than
two public relation events (including fundraising functions) per year.
Honorary Member – A
person may be granted Honorary Membership status by: (1) general membership motion
during a Company meeting along with a supporting second motion for honorary
membership and (2) a positive vote by two-thirds members present at a regular
Company meeting. Honorary Members are
except from payment of dues, assessments, fined and penalties but do not have
any claim to any fire Company assets.
Honorary Members shall not vote or hold office but may attend all
regular and special Company meetings and social functions. Honorary Members shall not use Company
equipment, fire apparatus, engage in the fighting of a fire, or knowingly put
themselves in harms way during an emergency
Membership Charges
and Grievances
Members
that have grievances with another member of the Company should first try to
settle the grievance between them. If
the grievance cannot be settle between members, the members shall meet with the
President of the Company unless the grievance is related to firefighting duties
and operational procedures, in which case the members shall meet with the Chief
or Assistant Chief. If the grievance
still cannot be resolved, the grieving member may file a written charge report
for review by the Company Trustees. All
written grievances or filed charges against a SFD member shall be reviewed by
the Trustees and a copy shall be provided to charged member. The charged member may either accept the
review and decisions of the Company Trustees or request a five member committee
investigate the charges.
Trustee
review - the decisions of the Company Trustees will be final unless expulsion
from the Company is determined to be the appropriate penalty. In the event expulsion is ruled to be the
penalty, the Trustees will provide the recommendation for a vote at the next
Membership meeting. If the penalty is
expulsion from the Company, a two-thirds vote of the members present and voting
may be required. If a member has been
legally convicted of sexual misconduct, harassment, or arson, the Trustees may
expel the member without a Company
vote.
Committee
review - the charged member may request a five member committee investigate and
report findings and recommended action to the Company at the next regular
meeting. The member charged shall be
notified of the time and location of committee meetings and may request to
speak at such meetings. The five member
committee shall consist of SFD members whose names will be randomly drawn from
those attending the next regular scheduled membership meeting. The charged members innocence or guilt (and
related penalties) shall ultimately be determined by a two-thirds vote of the
members present at the regular SFD meeting where the committee recommendations
are presented.
Membership Resignation/Removal
Voluntary
Resignation - Any member wishing to withdraw from the Company in good standing
shall provide a written resignation to the Company Trustees; return all Company
equipment, keys, and any money/fees due to the Company. If no charges are then pending against the
resigning member, such request shall be granted by the Company as a former
member in good standing. Any member
legally convicted of sexual misconduct or arson agrees to voluntary resignation
at the time the membership application is submitted.
Company
Vote to Remove Member – Any Spencer Fire Company member, including those
holding an officer position, shall voluntarily resign when (1) two-thirds of
membership vote in favor of resignation at a regular meeting and (2) the member
receives a written request from the Trustees.
Upon
resignation/termination of membership, no matter the cause, a member shall lose
all claim and interest in any/all SFD property and all assets of the
Company. All equipment, pagers, keys,
and SFD owned assts must be returned within 30 days of resignation/termination. Former members will be billed for the value
of SFD assets in their possession, failure to respond to may result in legal
action.
Membership
Reinstatement
Any
former member who resigned in good standing may request to be reinstated into
the Company by completing a Membership Application. Any person whose membership had previously
been terminated, either through voluntary or other action, may be reinstated as
a member upon (1) a vote in favor of reinstatement by two—thirds members present
at a regular meeting, (2) payment of all dues/fees previously owed to SFD from
the date of member termination to the date of member reinstatement, and (3)
payment of the membership initiation fee plus one year's dues in advance. Reinstated members will have previous years
of service reinstated when considering total service to SFD and may not be
required to undergo a period of probation if the member had left in good
standing.
Article IV – Duties
of Membership
It
shall be the duty of each Company Member and Company officers to follow fire
orders issued to them by a Chief and to adhere to Company published/implied
policies and standard operating procedures (SOP). Policies of the Company include, but are not
limited to: Drug & Alcohol, Sexual Misconduct, Code of Conduct, Ethics,
etc. In addition to adhering to NY State
and federal laws, additional Duties include:
Membership Meetings – It shall be the
duty of each active member to attend at half of the Company each year, unless
excused by the Chief. All members who
hold an office within the Company are expected to attend membership meetings
unless excused by the Chief or President.
Training – Each new Active
member shall attend one of the following training sessions within two years of
becoming a SFD membership: Scene Support Operations, or Fire Fighter One, or
Interior Fire Fighting, or the State equivalent of one of these listed courses
can be found in the Spencer Training SOP. Training time limits may be extended
if courses are not available within 30 miles of the Spencer fire district. All Active Members shall meet the minimum
annual training requirements as stated in the department training SOP, unless
excused by the Chief. Minimally, six
hours of training must be attended with the SFD Company. All training attended
outside of SFD must meet approved state curriculum and/or be approved by the
Chief. Members are responsible for
submitting training certificates to the secretary and Chief for record into
personnel fires.
Emergency Response – Upon response to a
fire alarm, pager tones, or request for action by the County of Tioga, it shall
be the duty of the member to go either to the fire station or to the location
of the emergency/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 equipment ready for the next immediate call;
and to remain at the station or scene 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 shall strictly observe all rules, policies, and standard
operating procedures adopted by the Company or prescribed by the Chief.
Membership
Restrictions
– No person other than an Active member
of the Company may ride in/on any Fire apparatus or enter a burning building,
unless ordered to do so by a Chief.
Youth Members cannot leave
school to attend a fire unless so requested by the officer in charge. Probationary Members will not be allowed inside a burning building or to use Company
equipment unless authorized by the Chief or his designee.
Article V – Elections
of Officers and Trustees
All
of the Civil Officers, Line 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 and by a plurality
of the ballots cast. All officer
positions carry a term of one year
with the exception of the members who hold a position on the Board of Trustees
(three year positions, with one trustee elected annually).
Officer/Chief
Requirements and Restrictions
·
All
officer nominees must be members of the Company and residents of Spencer or the
Fire District for a minimum of one year prior to taking office
·
No
member shall occupy more than one office of the Spencer Fire Company at a time
·
Nominees
for all officer positions must be made through a motion for officer nomination
with a second motion at a regular meeting
·
Only
members who meet the minimum requirements of the office for which they were
nominated shall be eligible to be placed on the ballot and membership vote
·
Nominees
for Chief need to have a minimum of one year previous experience as an
Assistant Chief in the Spencer Fire Company and meet all fire training and
command course requirements (per SOP)
·
Nominees
for Assistant Chiefs need to have met the minimum state requirements for
interior fire fighter; met the annual department membership training requirements; and have made a minimum of 20%
of all Company calls for the current year
·
Probationary
members shall not hold an office or be entitled to vote in meetings.
Chief
and Assistance Chief Nomination/Review Process
The
SFD secretary shall provide a list of the nominated chiefs to the Board of
Trustees for qualification review. Once
approved, a list of chief nominees will be presented to the
Upon
majority vote of SFD membership, officer shall be deemed elected and shall
serve until the next officer election meeting and/or until his/her successor is
approved. If not enough qualified
candidates are available to fill the vacancies, the position will be held
vacant until there are qualified candidates.
Article VI – Duties
of Officers
Board of Trustees
The
Board of Trustees shall consist of three members, each serving a term of three
years. One member shall be elected by
the vote of Spencer Fire Department membership at each annual meeting. Immediately after the annual meeting the
Trustees shall meet and elect one of its Board members as Chairman for the
forthcoming year.
Duties of Trustees – It shall be the duty of the Board of
Trustees to hold, supervise, maintain and administer the property and funds of
the Company; to annually 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 of the Company and present
the same at the annual meeting; to rigidly 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; to meet with the Chief and/or
President to plan for and/or resolve company issues; to maintain the bi-laws
and constitution of Spencer Fire Department membership; to establish and
maintain department policies; to appoint an interim Chief in the event the
current Chief is unable to complete his/her duties; to provide resolution for
written grievances; to maintain the community room and it’s equipment either
directly or through delegation; to ensure members nominated for office have met
the requirements of office; to oversee the Company assets.
Company Line Officers
The
Line Officers of this Company shall consist of a Chief, and one of each of the
following designation of: a First Assistant Chief, A Second Assistant Chief, A
Third Assistant Chief and a Fourth Assistant Chief. Line Officers serve one year terms as elected
by Membership.
Duties of Fire Chief – It shall be the duty of the Fire
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 pertaining thereto are kept in good order; to report to the Trustees
when any repairs are necessary; to report to the Trustees and/or Company any
delinquency or disobedience of orders on the part of the members; to schedule
or delegate monthly training functions; to ensure attendance at county fire
meetings; to provide leadership to the Company.
Duties of Assistant Chief (First, Second, Third, Fourth) - It
shall be the duty of the Assistant Chiefs, to aid the Chief in the discharge of
his duties; to enforce all orders given by the Chief; and to officiate in his
capacity when he is absent.
Civil Company Officers
The
Civil Officers of this Company shall consist of each of the following: a
President, a Vice-President, a Secretary, a Treasurer, and a Chaplain. Civil Officers serve one year terms as
elected by Membership.
Duties of the President – 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,
when a two-thirds vote majority is required, and in the case of a tie vote on a
motion. He shall enforce this
constitution and all rules adopted by the Company. The President shall also be responsible for publicity
and promotional material; coordinate or create a committee(s) for the purpose
of fundraising projects; establish annual Company goals; ensure Standard
Operation Procedures are maintained; coordinate the annual financial audit. The
President may issue and sign company checks.
Annually, the President, along with three members selected by the
President, shall audit the Treasurer and Secretary records and report to the
Trustees of any discrepancies or other findings. The committee shall set the time period for
which to audit and provide the results to the membership at the meeting
following the completion of the audit.
Duties of the Vice-President – 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 assume temporary duties of the Treasurer and Secretary should
(1) they be absent and not be able to perform their duties or (2) until an
election of a new officer takes place.
It shall be the duty of the Vice-President to maintain the list of
active members.
Duties of the Secretary – 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 record the treasurers report with the monthly meetings; 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
members with a copy of the constitution; to collect all dues, fines and
assessments, record the bills presented and paid at each meeting, to record all
fund raiser and other transactions and hand all monies thus collected to the
Treasurer no less than monthly 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.
Duties of the Treasurer – It shall be the duty of the Treasurer
to receive monies and bills from the secretary/SFD membership, fundraising
deposits, donations, and other monies and deposit the same in the bank
account(s) in the name of the Company; to disburse checks and make payments per
motion(s) at the monthly Company meetings or upon order of the Board of
Trustees or Chief, as evidenced by a draft signed by the Secretary. The Treasurer shall provider a written report
to the Secretary at the monthly meeting for inclusion in the official minutes
and participates in annual and other audits.
Duties of the Chaplain – 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. The Chaplain shall
coordinate or attend all official funerals and represent the Company as
directed to do so by the Chief or Trustees.
The Chaplain shall send flowers and cards on behalf of the Company as
outlined in the Chaplain Guidelines, which will be reviewed at the annual
meeting.
Officer Vacancy
If
a vacancy should occur in an officer position, with the exception of the Chief,
it shall be filled at a Special Meeting.
The person elected to fill the vacancy shall complete the term of the
original officer and will be required to run for office at the next annual
meeting. Should a vacancy occur in the
Chief’s 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.
Officer Removal
All
officers and fire chiefs, who fail to perform their duties within any three
month period, will be subject to removal 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. Removal of an officer will be under the
direction of the Company Trustees.
Article VII -
Meetings
Regular Meetings
Regular
meetings of the Company shall start between 7:00 P.M. and 8:00 P.M., on the
second Monday of each month, except when such Monday falls on a legal
holiday. In the event, a regularly
scheduled meeting falls on a
Order of Business
The
order of business for all regular meetings shall be as follows:
1.
Roll
call (if requested by motion on the floor) – attendance recorded by the
Secretary
2.
Reading
of Minutes from the previous meeting
3.
Reports
of fire or other emergencies
4.
Trustee
Report /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.
Fire
Police Report
10.
Election
to officers to fill vacancy
11.
Unfinished
business and collection of dues
12.
New
Business
13.
Clean
Up Committee
14.
Reading
of minutes (if requested to do so by motion on the floor)
15.
Adjournment
and Chaplain’s Prayer
Committees
Standing
or special committees may be created by the President or members of 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 Chairperson thereof.
The chairperson shall provide committee updates at the monthly meetings
if a committee is active.
Special Meetings
Special
meetings of the Company may be called by the President or by the Chief on
twenty-four hours (24) notice to the members, and must be called by the
President upon the written request of seven members or at the request of the
Board of Trustees. Special meetings may
be called for the purpose of officer elections, to vote on critical Company
matters that must be addressed prior to the next meeting; etc. Seven members are required to constitute a
quorum.
Order of Business
The
order of business for special meetings shall be as follows:
1.
Roll
call (verbal roll must be requested by motion on the floor; attendance to be
recorded in writing by the Secretary at each meeting)
2.
Reading
of minutes of previous meeting
3.
Business
for which meeting was called
4.
Adjournment
Annual Meetings
The
Annual Meeting of the Company shall be held the second Monday evening in the
month of December each year.
Order of Business
The
order of business for annual meetings shall be as follows:
1.
Roll
call (verbal roll must be requested by motion on the floor; attendance to be
recorded in writing by the Secretary at each meeting)
2.
Reading
of minutes of previous meeting
3.
Report
of fires or other emergencies
4.
Reading
of the Spencer Fire Department By-laws and Constitution
5.
Nominations
from the floor for all officers other than Chief and assistance Chief
6.
Balloting
for officers (written ballot upon request)
7.
Minutes
of last regular meeting
8.
Any
business that may require immediate attention
9.
10.
Adjournment
and Chaplain’s Prayer
Article VIII - Rules
of Order
The
Spencer Fire Department follows the simplified version of Robert’s Rule of
Order (see SOP). The following rules of
order shall also be observed at all meetings of the Company:
1.
After
the meeting is called to order, each member shall be seated
2.
Any
member wishing to speak, shall ask for time from the President and/or make a
motion, or second the same
3.
No
motion shall be considered or adopted unless the same shall have been seconded
4.
Once
a motion has received a seconded, the President or presiding 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 members speak at the same time, the President shall decide which of
them is entitled to the floor
6.
When
a question/motion is under debate, no new motion shall be received unless it is
to amend/postpone the previous motion, or to adjourn
7.
A
motion may be held over to the next meeting if the membership agrees to do so
by majority vote
8.
Any
motion or resolution, once offered, shall not be withdrawn unless it is by the
member who offered it and before any amendments had been acted upon it.
9.
After
debate, the President or chair shall repeat the motion before the vote
10.
All
motions, unless otherwise provided by law, shall be determined by a majority of
votes
11.
Every
member who is present when a motion is put for a vote, shall vote unless
excused by the chair, or unless the member has a conflict of interest related
to the vote
12.
No
member shall interrupt another member when speaking, unless to call him to
order
13.
If
the chairman wishes to speak on any motion up for debate, he/she shall vacate
the chair for that purpose
14.
Members
shall address the members of the Company, in an orderly and polite manner
Article IX -
Initiation Fees - Dues - Fines
(Penalties & Assessments)
Fees
All
department fees, including annual dues, membership application fees and room
rental fees shall be listed in the Company Fee Schedule. All fees shall be set annually and the Fee
Schedule updated and read at the Company meeting.
Annual Dues
The
annual dues shall be 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 read by
the Secretary, at the February meeting.
If
a member fails 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. He/she must pay
the same within thirty days of such notice, or his/her membership shall be
deemed suspended and shall remain suspended until reinstated in accordance with
the procedures set forth in Article III.
Expenditures
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.
Fines
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.
Expense Allowance
All
line officers, who shall include Chief, First, Second, Third and Fourth
Assistant Chief, shall be entitled to an annual personal expense stipend to be
determined each year by the membership.
A motion at the annual meeting shall be made to set the annual stipend
allowance. Stipend allowance is provided
to cover gas and other incidental personal expenses the line officers incur as
part of their duties.
Civil
Officers consisting of the Secretary and Treasurer shall have an annual stipend
allowance as determined at the annual meeting.
No other Civil Officers or Trustees shall have an annual stipend unless
an officer is also the person responsible for the room rental and
maintenance. The Chaplain shall be
reimbursed for all expenditures that meet the Chaplain expense guidelines as
determined at the annual meeting.
Article X -
Miscellaneous Provisions
No
fire apparatus, SFD equipment, or other assets shall leave the fire station
without the permission of the Chief, an assistant chief, or Trustee, except in
case of fires, practice sessions, or to test the apparatus and then only when
operated by a qualified operator.
Each
member shall be personally responsible to the Company for any and all Company
property in his possession.
Any
motion that may arise concerning the interpretation of this constitution shall
be addressed and decided upon by the Company Trustees. A motion may be made regarding the ruling of
the Trustees for appeal 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 XI – Adoption
and Amendments
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.
Upon
such adoption, all prior constitutions and by-laws of the Company shall be
deemed repealed. This Constitution was
adopted November 8th, 2010.
The previous major revision was adopted by the Spencer Fire Company,
Inc., May 13, 1991.
This
constitution may be amended at a regular meeting of the Company by a two-thirds
positive vote of those present provided the amendment shall have been presented
at a previous regular meeting and notice of the Constitutional (By-laws)
change, was published in the official newspaper of the Village of Spencer.
Spencer Fire Police
Constitution and By Laws
Article I - Name and
Purpose
This
organization shall be known as "Spencer Fire Police".
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 Police 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
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. No person shall be appointed to active
standing in the Spencer Fire Police until he/she has successfully completed a
course in training as outlined in the Fire Police Manual of the Fireman's
Association of the State of
All
property and assets of the unit shall be subject to the direction and control of
expenditure by the Spencer Fire Department Trustees. Should the unit be liquidated, dissolved or
otherwise cease to function, the property and assets of the unit shall be
distributed to the Spencer Fire Department.
Article III - Duties
The
duties of the Spencer Fire Police are as follows and are in addition to SFD
membership duties:
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 firefighting 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 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
The
officers of this unit shall consist of a Captain and a Lieutenant. The Spencer Fire Department Secretary and
Treasurer shall also serve the Fire Police if such capacity is needed.
It
shall be the duty of the Captain to preside over meetings, regular and special. The Captain or Lieutenant shall call special
meetings at the request of three members.
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. The Lieutenant shall maintain a record of
Fire Police assets and equipment.
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. When ever an officer
vacancy occurs, the vacancy shall be filled by election at the next regular
Spencer Fire Department meeting.
Article V - Meetings
and Quorum
Regular
meetings and training shall be held at least once every three months, at such
time and place as designated by the Captain.
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. Five Fire police members shall constitute a
quorum. Spencer Fire department members
shall have final decision on all monetary transactions of the Spencer Fire
Police.
Article VI -
Amendments
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.