MULWAREE DISTRICT RURAL FIRE SERVICE BRIGADE CONSTITUTION

Transcription

1 MULWAREE DISTRICT RURAL FIRE SERVICE BRIGADE CONSTITUTION 1 GENERAL 1.1 Introduction 1.2 Name This is the Constitution of Windellama Rural Fire Brigade The Name of the Brigade is Windellama Rural Fire Brigade The Brigade is referred to in the Constitution as 1.3 Objectives 1.4 Area The objectives of the Brigade are: Maintain an effective and efficient firefighting unit Prevent, mitigate and suppress bush and other fires and advise Mulwaree Shire Council as to such matters within the Brigade area Protect persons from dangers to their safety, health and property from destruction or damage, arising from fires Assist other Emergency Services and Organisations at incidents and other emergencies under the control of those organisations (e) Encourage the undertaking of community education and awareness in relation to fire safety and prevention (f) To cooperate with and assist other community groups and Rural Bush Fire Brigades (g) Promote the Objectives and Activities of the Rural Fire Service in accordance with the Rural Fire Act (h) To raise funds to support the Objectives of the Brigade (i) To encourage and promote Service related Training for all members (j) Other objectives as may be required or stated in Part The Area of the Brigade is defined by Mulwaree Shire Council and is shown on the attached Map Diagram. See Annexure Dissolution In the event of the dissolution of the The Brigade and all its debts are paid, all remaining assets are to be vested in the Fire Control Officer for equal disbursement between similar Brigades within the Area which are approved by the Commissioner of Taxation as Public Benevolent Institutions for the purposes of the Tax Act

2 2 DEFINITIONS In this Constitution the following words and expressions shall have the meanings assigned to them, unless the context otherwise requires: means The Rural Fires Act1997(NSW) as amended from time to time means the annual General Meeting means the appropriate disciplinary authority defined by Regulation 3 of the Regulations means the register of members of the Brigade maintained pursuant to the provisions of section 20(1) of the Act means a member of the Brigade means the Regulations made under the Act means the Mulwaree Shire Council means the Service Standards issued by the Commissioner pursuant to section 13 of the Act means rules made by the brigade which are an adjunct to this Constitution and which may not be contrary to it. 3 MEMBERSHIP 3.1 Membership of the Brigade The persons listed on the Brigade Register are members of The Brigade 3.2 Eligibility A person is eligible for inclusion on the Brigade Register if the person has: Applied in writing to the Brigade Executive Satisfied the requirements for becoming a member of the Brigade as determined by the responsible authority Agree to abide by this constitution, any amendments dements made thereto, the procedures and policies laid down from time to time by the governing body and any Brigade Rules made under this constitution. 3.3 Classification of Members Members are classified as: Probationary Member - 2 -

3 Ordinary Member Active Member Life Member (e) Honorary Member (f) Junior Members *** Probationary Members are persons who: are: (i) (ii) not less than 18 years of age; or who are not less than 16 years of age and who have obtained the written consent of their parent or guardian to join the Brigade; and whose application for membership has been accepted by resolution of the Brigade Executive Ordinary Members are persons who: are: (i) (ii) (iii) (iv) (v) not less than 18 years of age; or who are not less the 16 years of age and have obtained the written consent of their parent or guardian to join the Brigade and participate in firefighting and other emergency operations; or whatever manner and wish to belong to the Brigade as a member have satisfactorily completed a probationary period of not less than six months have been confirmed initially, and thereafter annually as an Ordinary Member by resolution of the Brigade Executive Active Members are persons who: (e) Have met the criteria as an Ordinary Member Have been assessed as competent as a Basic Firefighter or better as per Rural Fire Service Standards. Is available for and regularly attends firefighting and other incident duties Is available for and regularly attends Training and other Brigade activities. have been confirmed initially, and thereafter annually as an Active Member by resolution of the Brigade Executive Life Members are persons who: - 3 -

4 (e) in the opinion of the Brigade, have given meritorious service to the Brigade and the NSW Rural Fire Service; and whose nomination has been received by the Secretary not less than one month prior to the Annual General Meeting of the Brigade; and whose nomination is recommended by the Brigade Executive to the Annual General Meeting of the Brigade; and who are elected by a thee quarters majority of persons attending the AGM and eligible to vote; and are ineligible to vote or hold office in the brigade unless the Life Member would otherwise be classified as an Ordinary Member of the Brigade Honorary Members are persons who: In the opinion of the Brigade, give or have given such service or assistance to the Brigade as justifies recognition by the Brigade; and who are elected at the Annual General Meeting of the Brigade by a three quarters majority of those attending and eligible to vote; and are ineligible to vote or hold office in the Brigade unless the Honorary Member is a person who would otherwise be classified as an Ordinary Member of the Brigade A Junior Member is a person whose: parent or guardian has agreed in writing that they may join the Brigade; Application for probationary membership has been accepted; (i) (ii) at a General Meeting; and by the District Manager A Junior Member: must not take part in fire fighting or other operation activities; and must always be supervised by a Field Officer who has compl - 4 -

5 Refer to Service Standard Unsupervised Child-related Activities A Junior Member must be at least 12 and not more than Termination of Membership A person ceases to be a member if; Their name is removed from the Brigade Register by the responsible authority; or The person resigns from the Brigade in writing to the Secretary and / or to the responsible authority; or The person dies The Brigade may apply to the responsible authority for the removal of a Members name from the Brigade Register pursuant to clause 8(2) of the Regulations if: each Member is given at least 21 days notice in writing that a motion to expel the person will be put at a meeting of the Brigade; the person is given the opportunity to address the meeting at which the motion is put; and the motion is carried by not less than three quarters of the Members present and eligible to vote. 3.5 Suspension of a Member: The Brigade Executive may suspend the membership of a Member if; Each member of the brigade is given at least 21 days notice in writing that a motion to suspend the person will be put at a meeting of the Brigade Executive; The person is given an opportunity to address the meeting at which the motion is put; and the motion is carried by not less than three quarters majority of Members present at the meeting and eligible to vote A Member whose membership has been suspended pursuant to clause shall: have no voting rights; and not be entitled to hold any office in the Brigade for the period that is specified in the motion

6 3.6 Disciplining of Members, Officers and Brigade Captains: Disciplinary action may be taken towards Brigade Members, Officers and Captains if; Members, Officer or Captain; (i) (ii) contravenes the Act or a provision of the Regulations; or is negligent, careless, inefficient or incompetent in the discharge of his or her duties The allegation of breach of discipline is in writing and signed by the person making the allegation The Standards and Procedures to be followed in the event of Disciplinary Action is to found in The Regulations and the Service Standards. 3.7 Membership of other Brigades: A Member must not, without the consent of the responsible authority and the rigade in the Mulwaree Rural Fire District, be a member of another Rural Fire Brigade / Bush Fire Brigade in the Mulwaree Rural Fire District. 4 MEETING OF MEMBERS 4.1 Annual General Meeting The Annual General Meeting of the Brigade will be held no later than the 31 st August each year or other such date as determined by the responsible authority The Secretary must give at least 7 days notice in writing of the date, time, place and agenda of the Annual General Meeting to each Member The business of the Annual General Meeting must include: confirmation of the Minutes of the previous Annual General Meeting Report for the year election of Field Officers, being: (i) (ii) Captain Senior Deputy Captain - 6 -

7 (iii) Deputy Captains (e) election of Administrative Officers, being: (i) (ii) (iii) (iv) (v) (vi) President Vice President/s Secretary Treasurer Other officers as determined by the Brigade appointment of an Auditor (f) (g) (h) determination of any annual financial contributions or subscriptions consideration of any motion to amend this constitution any other business of which proper notice has been given 4.2 Special Meetings Special Meetings may be called by the President or by five or more Members; in writing addressed to the Secretary stating the required purpose for the meeting The Secretary must convene a Special General Meeting within 21 days of receipt of the request for a Special General Meeting A minimum of seven days notice is to be mailed to all Registered Members and is to include the agenda for the meeting Only agenda items relating to the reason for calling the Special General Meeting may be discussed at the Special General Meeting A Special General Meeting is not to be interpreted as a substitute for either a General Meeting or an Executive Meeting. 4.3 General Meetings A general meeting of the Brigade may be called at any time by resolution of the Brigade Executive A general Meeting of the Brigade may be held immediately after the conclusion of the Annual General Meeting of the Brigade Frequency and location of General Meetings may be decided at the Annual General Meeting The Secretary must call a General Meeting within 21 days of receipt of request to do so, signed by five or more members - 7 -

8 4.3.5 A minimum of seven days notice must be given to registered Members, in writing, stating the date, time and location of the General Meeting As a consequence of above, The Executive may: prepare a schedule of General Meetings for the forthcoming 12 months; distribute the schedule of General Meetings to Registered Members in writing; and place a copy of the schedule of General Meetings on a noticeboard at the Brigade Station in which case the schedule will constitute notice of each General Meeting Provided notice has been given of a General Meeting in accordance with the provisions of the Constitution, the failure on the part of any Member to receive such notice will not effect the validity of any meeting of the Members or of the decisions made at that meeting General Meetings are not substitutes for Brigade Executive Meetings 4.4 Quorum 4.5 Chair The quorum for the Annual General Meeting. A Special General Meeting or a General Meeting of the Brigade is to be seven Members calculated at the time of the meeting and in attendance and eligible to vote The quorum for the Brigade Executive Meetings or any appointed Sub committee Meetings is to be 50% of those Members of the Executive or Sub Committee The President shall be entitled to chair all meetings of Members If the President is absent, the Vice President shall be entitled to chair the meeting or, in the absence of the Vice President, the meeting shall be chaired by a Member elected by the meeting for that purpose 4.6 Voting at Meetings Unless otherwise specified in this Constitution all questions will be decided by a majority vote of those Members present and entitled to vote The chairperson at the Annual General Meeting and General Meeting has only a casting vote - 8 -

9 4.6.3 Voting in an Annual General Meeting election to be either by show of hands or secret ballot. If either party concerned in the election so requests then voting is to be by secret ballot; and. A returning officer is to be appointed; and A scrutineer / s may be appointed by each of the parties contesting the election A Member who is unable to attend the Annual General Meeting may appoint a proxy to vote on his or her behalf by way of a written notice delivered to the Secretary of Returning Officer prior to the commencement of the meeting provided that no Member may exercise more than 2 proxies Active members entitled to vote may vote on any matter. Ordinary Members entitled to vote may not vote on operational matters including the appointment and or the removal of field officers. 5 OFFICE BEARERS 5.1 Election of Office Bearers At the Annual General Meeting, The Brigade must elect the following Field Officers: Captain Senior Deputy Captain Such number of Deputy Captains as the Brigade may determine from time to time Only Active Members are entitled to vote in the election of Field Officers The Order of Seniority of Deputy Captains is to be determined by either of the following as determined by the Active Members; By the Captain and the Senior Deputy after the election At the Annual General Meeting the Brigade must elect the following Administrative Officers: President Vice President Secretary Treasurer The position of Secretary and Treasurer may be combined

10 5.1.5 All Members are entitled to vote for the election of Administrative Officers Nominations for the election of Field and Administrative Officers must be: In writing; Signed by at least two members and the nominee; and Delivered to the Secretary at least seven days prior to the commencement of the Annual General Meeting or such other time as specified by the Brigade Executive when notice of the Annual General Meeting is given In the event that no written nominations for a particular officer have been received in accordance with the provisions of paragraph 5.1.6, the Returning Officer or Secretary shall, with the consent of the meeting, accept verbal nominations for the officer, provided that any such nomination has the support of at least two members A person is not eligible for election as a Field Officer unless they have the level of competency prescribed by the Service Standards or the responsible authority Elections must be conducted using the First Past The Post method The Secretary must advise the Fire Control Officer in writing of the names of the Members elected as Field and Administrative Officers within seven days of the Annual General Meeting. 5.2 Casual Vacancy A casual vacancy in the position of a Field or Administrative Officer shall occur if: (e) the person resigns from the position the person ceases to be a member of the Brigade the person dies the appropriate disciplinary authority suspends the person from membership of the Brigade In the case of a Field Officer, the responsible authority: (i) (ii) (iii) demotes the person disqualifies the person from holding rank in the Brigade revokes or suspends the persons appointment as an office; and

11 (f) For the position of any Brigade Officer to be declared vacant at any Special General Meeting, there must be 21 days notice in writing of the motion to be put to the General Meeting and must be carried by a majority of three quarters of members present and entitled to vote. If the person is a field officer, the responsible authority must confirm the recommended declaration by revoking the appointment of the field officer The election to fill a casual vacancy must, subject to the provisions of paragraph 5.2.3, be conducted at the next General Meeting of the Brigade provided that not less than 21 days written notice of the fact that the election will be held at the meeting has been given to each Member The Brigade Executive may resolve not to fill the casual vacancy prior to the next Annual General Meeting. In the event that the casual vacancy is for a Field Officer and it is resolved not to hold the election, to fill the vacant position Field Officers elected by the Brigade do not take office until they are appointed by the responsible authority pursuant to the provisions of section 18 of the Act. 5.3 Duties of Office Bearers The President shall: Preside at all meetings of the Brigade and the Brigade Executive; and be an ex-officio member of all sub committees that may be appointed The Vice President shall; assist the President in the discharge of his or her duties; and preside at all meetings of the Brigade and the Brigade Executive in the absence of the President The Secretary shall: attend whenever possible and take minutes of the proceedings of all meetings of the Brigade and Brigade Executive and keep those minutes of meetings in a book which is to open for inspection by all Members at any reasonable time; prepare and circulate notices of meetings of the Brigade

12 (e) receive all correspondence directed to the Brigade and prepare and sign all outward correspondence as the Secretary may be directed by the Brigade of Brigade Executive from time to time; keep and maintain a register of the Members of the Brigade in accordance with the requirement of the Service Standards; and perform such other duties as the Brigade Executive may prescribe from time to time The Treasurer shall: (e) (f) (g) collect and receive all monies on behalf of the Brigade and deposit such monies into an account or accounts in the name of the Brigade at a financial institution approved by the Brigade Executive; make payment of all accounts when authorized to do so by the Brigade Executive; maintain to the satisfaction of the Brigade Executive a proper system of accounts for all monies received and disbursed on behalf of the Brigade and of all property, assets and liabilities of the Brigade; keep all vouchers for all monies expended by the Brigade and all records and vouchers in respect of monies received by the Brigade; prepare periodical financial statements for presentation to the Brigade arrange for an audit of the financial records of the Brigade to be conducted by the auditor appointed by the Brigade at least once each year; and perform such other duties as the Brigade Executive may prescribe from time to time 6 BRIGADE EXECUTIVE 6.1 Membership of Brigade Executive Brigades may vary the composition of the Brigade Executive by, for example, creating additional specific positions or by the election of Executive Members without a specific function. The Captain and Senior Deputy Captain must be members of the Brigade Executive The Brigade Executive shall consist of the: President Vice President

13 (e) Secretary Treasurer; and the Field Officers The Brigade Executive may co-opt additional members from time to time provided that such additional members: Must not vote; and Must not be counted in determining if a quorum is present 6.2 Functions of the Brigade Executive The Brigade Executive shall manage the affairs of the Brigade between General Meetings The Brigade Executive is subject to the control of the Brigade in General Meetings. 6.3 Meetings of the Brigade Executive The Brigade Executive shall meet when necessary and may regulate its meetings as it considers fit The quorum for a meeting of the Brigade Executive shall be fifty percent of its members 7 FINANCE 7.1 Annual Subscription The Annual Subscription is such sum as may from time to time be determined by resolution of the Annual General Meeting Any annual subscription is due on the day following the Annual General Meeting The Brigade may choose to: waive any Annual Subscription; and accept any voluntary and unfettered contribution in lieu of any Annual Subscription If either, an Annual Subscription or Voluntary Contribution is payable by a member under the terms of clause 7.1.3, then that member shall be ineligible to vote or to be elected to any office in the Brigade unless such Annual Subscription or Voluntary Contribution is made. 7.2 Funds

14 7.2.1 All monies received by the Brigade: as subscriptions, contributions or donations; or through any fund raising activities must be used solely for the purpose of; promoting the objectives of the Brigade; or for the purpose for which the funds were specifically raised or donated All monies received by the Brigade must be deposited as soon as practicable to the credit of the appropriate Brigade account / s All cheques drawn on the Brigades account / s must be signed by not less than 2 members of the Brigade Executive who are empowered to sign All fund raising activities undertaken by the Brigade must be conducted in accordance with any guidelines for fundraising by charitable organisations published from time to time by the New South Wales Department of Gaming and Racing. 7.3 Financial Year The Financial Year of the Brigade shall be the Thirtieth day of June or as otherwise determined by the responsible authority. 7.4 Auditor The Brigade must appoint an Auditor at the Annual General Meeting The Auditor must not be a member of the Executive Committee The Auditor must conduct an audit of the Brigades financial records at the end of each financial year and submit a report to the Brigade for consideration at the Annual General Meeting A copy of the Treasurers Statement and the Auditors Report presented to the Annual General Meeting must be provided to the responsible authority within seven days of the Annual General Meeting 8 INERPRETATION AND AMMENDMENT OF THE CONSTITUTION 8.1 Interpretation of Constitution Issues relating to the interpretation of this Constitution which arise at a meeting of the Brigade shall be decided in the first instance by a ruling of the chairperson of the meeting

15 8.1.2 If a motion of a dissent is carried to the ruling of the chairperson, the matter shall be adjourned and the question referred to the Fire Control Officer for determination. 8.2 Review of Constitution The Members of the Brigade must review this Constitution annually to determine whether it should be amended In determining whether the Constitution should be amended, consideration must be given to any relevant Service Standard Any proposal to amend this Constitution must be consistent with the provisions of the Act, the Regulations and the Service Standards A motion for the amendment of this Constitution must not be considered unless each member of the Brigade is given at least seven days notice in writing that the amendment will be considered at the Annual General Meeting or at a General Meeting A motion amending this Constitution must be carried by no less than two thirds of the Members attending and entitled to vote No amendment to this Constitution will take effect unless it is approved by the responsible authority. 8.3 Power to make or alter rules The Brigade shall have the power to make rules consistent with this Constitution Rules made in accordance with this provision do not form part of the Constitution Any Statutory changes to the Act, the Regulations or to the Service Standards shall apply with immediate effect to this Constitution

16 BY LAWS FUNDS Donations by themselves do not create eligibility for voting rights or for any office to be held in the Brigade. FINANCE The Brigade elects to have all subscriptions or contributions made payable by the 30 th June each year. ADDITIONAL VOTING That the executive is permitted to vote for field position