BY-LAWS OF THE FIRE PROTECTION DISTRICT NO. ONE OF PETTIS COUNTY, MO.

Transcription

1 BY-LAWS OF THE FIRE PROTECTION DISTRICT NO. ONE OF PETTIS COUNTY, MO. DIRECTORS: 1. The Board of Directors of Fire Protection District No. One of Pettis County, Mo. shall consist of three (3) persons duly elected or appointed to office, from time to time, according to the provisions of Chapter 321, R.S.MO. 2. General Powers. The business and affairs and property of the District shall be managed by the Board of Directors, but the Board of Directors, from time to time, may delegate functions and responsibilities to officers, agents or employees of the District, in any manner consistent with law, either by provision in these By-Laws or any amendment hereto, or by duly adopted resolution, or by duly adopted ordinance. However, the Board of Directors shall not delegate to any person or organization any legislative or contractual power of the District, nor any duty or responsibility, which is by law imposed upon the Board of Directors. 3. Quorum. Two members of the Board of Directors shall constitute a quorum, at any meeting. 4. Chairman. The Board of Directors shall elect one of its members as Chairman, at the first regular meeting of the Board of Directors in each calendar year, to serve as Chairman until the first regular meeting in the next calendar year, or until his successor as Chairman is so elected. If any Chairman shall die, resign, or for any other reason be unable or unwilling to act or to continue to act as Chairman, during his tern as Chairman, then that other member of the Board of Directors whose remaining term of office as Director is the longest shall be the temporary Chairman, either until the resumption of his office by the elected Chairman, or until the first meeting of the next calendar year when a successor is elected, as the case may be: a Director who is the elected Chairman and whose term as Director terminates or expires, thereby ceases to be Chairman. The Chairman of the Board of Directors, ex officio, shall be President of the District. 5. Meetings. The Board of Directors shall hold a regular meeting not less often than once each calendar month, at such time and place as may be fixed by resolution of the Board, which resolution may be adopted to continue until changed, or may be adopted at any meeting for the next one or more meetings. No notice of meeting shall be required to be given to any Director, for any meeting whose time and place has previously been fixed by any such resolution. 6. Special Meetings. Special meetings of the Board of Directors may be called at any time by the Chairman, provided that he shall first give at least two days notice of the time and place of any special meeting to the other two Directors, by personal notification. On consent of all three Directors, special meetings may be held at

2 any time and place, without prior notice; but the minutes of any such meeting shall set forth such consent, in any form of statement, and all three Directors shall sign such minutes, or such meeting shall be invalid and ineffective. At any special meeting, only such business shall be considered as has been stated by the Chairman in his notice, or as is agreed by all three Directors. 7. Majority Rule. The vote of two or three Directors, on any question not required by law or by these By-Laws to be unanimous, shall be decisive, and shall be sufficient for the adoption of any motion, resolution, ordinance, or other action of the Board of Directors. 8. Rules of Order. All meetings of the Board of Directors shall be conducted according to customary rules of parliamentary procedure. The Chairman shall rule on any point of order or procedure which may arise, but his such ruling may be overridden by vote of the other two Directors. 9. Compensation. Each Director may receive the compensation provided by law, for his attendance on meetings of the Board of Directors, which shall be paid as of course by the Treasurer, at the end of each calendar month. If, at any time, no funds are available for such payment, then the same shall accrue until the availability of funds, when the Treasurer shall pay the same as of course. Directors not desiring to receive compensation shall sign a waiver, which shall be filed with the minutes of the District. 10. Expenses. No Director shall incur any expenses for himself, or for or in behalf of the Board of Directors, or for or in behalf of the District, unless authorized by duly adopted resolution or ordinance of the Board of Directors, prior to the incurring thereof. Authorized expenses of any Directors shall be reimbursed by the Treasurer out of the funds of the District, but only after the respective Director shall first have presented to the Board of Directors his expense account, which shall have been approved by the Board of Directors. 11. Vacancies. Any vacancies in the office of Director shall be filled by the remaining member or members of the Board of Directors, unless otherwise provided by law. OFFICERS: ARTICLE II 1. Number. The officers of the District shall be the President of District, the Secretary, the Treasurer, the Legal Officer, the Fire Chief, and such officers as deemed necessary by the Fire Chief. The same person may hold more than one such offices, and all of such officers, except the President of the District, shall serve at the pleasure of the Board of directors, and may be removed from office by the Board of Directors at any time.

3 2. President of the District. The President of the District shall be the chief executive of the District, and shall supervise the performance of their functions by all other officers of the District, except the Legal Officer, and shall also supervise all of the activities and functions of the District; subject, however, to any resolution, ordinance or direction of the Board of Directors. The President, or one other of the Directors of the District shall also countersign all checks which may be issued by the Treasurer, shall preside at any public meetings held by the Board of Directors, or other instruments which the Board of Directors has authorized him to sign, and shall perform such other duties as may be assigned to him from time to time by the Board of Directors. 3. The Secretary. The Secretary shall be appointed to office by resolution of the Board of Directors, to serve at the pleasure of the Board. He may be paid such compensation for his services as the Board, from time to time, may determine by resolution, but not in excess of the amount permitted by law. The Secretary shall keep in a well-bound book the minutes and record of all the proceedings of the Board of Directors at all meetings of the Board of Directors, and shall also keep records of all certificates, contracts, bonds given by employees, and all other corporate acts of the District. The Secretary shall keep the minute book and the records of the proceedings of the Board of Directors open to inspection of all owners of property in the District, as well as to all other interested parties, but the Secretary shall not permit any person to remove, damage, deface or in any manner alter or change any such book or record, and the Secretary shall permit any such inspection only in his personal presence, unless other wise directed by resolution of the Board of Directors. The Secretary shall also be custodian of the seal of said District, but he may permit the Legal Officer to hold the same. The Secretary shall see that said seal is duly affixed to all documents duly approved by the Board of Directors, for which affixation of said seal is necessary or appropriate. The Secretary shall also perform such other duties as may be assigned to him from time to time, by resolution of the Board of Directors. 4. The Treasurer. The Treasurer shall be appointed to office by resolution of the Board of Directors, to serve at the pleasure of the Board. He may be paid such compensation for his services as the Board, from time to time, may determine by resolution, but not in excess of the amount permitted by law. The Treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the District in permanent records. The Treasurer shall file with the Clerk of the County Circuit Court, at the expense of said District, a corporate fidelity bond in an amount to be determined by the Board of Directors, from time to time, by resolution, but for not less than Five Thousand Dollars ($5,000.00), said bond to be conditioned on the faithful performance of the duties of his office. The Treasurer shall file in the office of the County Clerk, on behalf of the Board of Directors, on or before April First of each calendar year, a detailed financial statement for the preceding calendar year of the District. The Treasurer shall also have charge of and be responsible for all funds of said District, shall receive and give receipts for money due and payable to said District from any source whatever, shall promptly deposit all funds of said District in the name of said District in such bank or banks or other depositories as he may be directed from time to time by resolution of the Board of Directors, and shall write and sign all checks which

4 may be issued by said District, which checks shall be counter-signed by one of the Directors of the District, or in the absence of the Treasurer, checks shall be signed by two of the Directors of the District. The Treasurer shall also perform such other duties as may be assigned to him from time to time, by resolution of the Board of Directors. 5. Legal Officer. The Board of Directors shall retain an attorney, who shall be Legal Officer of the District. Such attorney shall be required for such period of time, and on such basis of compensation, as may be provided by resolution of the Board of Directors adopted from time to time, and consented to by said attorney. Said attorney shall act as legal adviser to the Board of Directors on all matters concerning or affecting the business, properties, or affairs of the District, shall draft all ordinances which may be presented to the Board of Directors for consideration, shall represent said District in all lawsuits, proceedings and actions wherein said District may be involved in any Court, or before any public officer, body, or board or agency, may be present at all meetings of the Board of Directors, and shall draft all contracts, documents, agreements or other papers which may be necessary or appropriate to the business, properties and affairs of the District. 6. The Fire Chief. The Fire Chief shall be appointed to office by resolution of the Board of Directors, to serve at the pleasure of the Board. He may be paid such compensation for his services as the Board, from time to time, may determine by resolution. The Fire Chief shall plan, organize, train, supervise and direct all of the staff of the District which is engaged in the work of fire fighting and fire protection. The Fire Chief shall also be responsible for proper maintenance of all fire-fighting and fireprevention equipment of the District at all times, and shall further be responsible that the District shall provide the best possible fire-fighting and fire-prevention service to the people and property within said District, at all times. The Fire Chief shall also act as technical consultant to the Board of Directors in matters relating to fire-fighting and fireprevention techniques, personnel, equipment, training, and planning. The Fire Chief shall also nominate, and the Board of Directors shall appoint from among such nominees, such number of officers as he may deem necessary, as the Board of Directors may authorize from time to time, by resolution; the Fire Chief shall have full authority for the removal from office of anyone or more of such persons at any time, with such person or persons having the right of appeal to the Board of Directors for such removal, such appeal to be filed with the Board of Directors within thirty (30) days from the date of dismissal by the Fire Chief. The Fire Chief may also appoint such number of volunteers paid-part-time, and paid-full-time pipemen, firemen, and other fire-fighting and fire-prevention and equipment maintenance personnel, as the Board of Directors may authorize, from time to time, by resolution, to serve at the pleasure of the Fire Chief. The Fire Chief shall also perform such other duties as may be assigned to him, from time to time, by resolution of the Board of Directors. 7. The Fire Marshal. The Fire Marshal shall be the Fire Chief, and the Fire Chief as such may delegate duties to such persons as he may deem necessary, from time to time, as approved by the Board of Directors.

5 8. Appointed Officers. Such officers as the Fire Chief may deem necessary shall be appointed, and shall be removable from office, in the manner hereinbefore provided. They may be paid such compensation for their services as the Board of Directors, from time to time, may determine by resolution. They shall perform such functions and duties as may be assigned to them by the Fire Chief. 9. Fire-Fighting Staff. A Director may not serve as an officer of the Fire- Fighting Staff during his tenure in office. 10. Work Time. Nothing in these By-Laws shall be construed to require that any Director or any officer or any other of the personnel of the District shall devote full time to his said Directorship, office, or other capacity; whether any particular such person shall or may be volunteer, part-time or full-time shall be determined by the resolution of the Board of Directors, adopted from time to time, fixing the existence, or appointment or compensation of any such respective office or other capacity. 11. Attendance at Director s Meetings. The Fire Chief, the Secretary, the Treasurer, and the Legal Officer may attend any meeting of the Board of Directors, and may be permitted to speak thereat, but shall have no vote. If any such officer is unable to be present at any such meeting, he may be represented by some proper person of his choice. OTHER PERSONNEL: ARTICLE III 1. Operating and Consulting Staff. The Board of Directors, from time to time, by resolution, may provide for operating and/or consulting personnel of the District, to be appointed and removable as hereinabove provided. Such personnel may be paid such compensation for their services as the Board, from time to time, may determine by resolution. 2. Advisory Board. The Board of Directors may appoint an Advisory Board, which shall consist of such number of persons, resident within the District, as may be provided, from time to time, by resolution of the Board of Directors. Members of the Advisory Board shall not receive any compensation as such, but may be also officers or operating personnel of said District, receiving compensation in such capacity. The Advisory Board shall be appointed by the Board of Directors, by resolution, to serve at the pleasure of the Board. The Advisory Board shall elect a Chairman from among its members, and may meet, from time to time, as they may decide, and may advise and consult with the Board of Directors on any matter relating to the business, property or affairs of the District, but their recommendation shall be advisory only, and shall not be mandatory upon the Board of Directors. The Board of Directors may also refer any matter to the Advisory Board, from time to time, for their opinion or advice, and the Advisory Board shall consider any such matter promptly, and report their opinion or

6 advice to the Board as promptly as possible. The Chairman of the Advisory Board shall present to the Board of Directors all opinions, advice, or recommendations of the Advisory Board, which may have been adopted by majority vote of all the members of the Advisory Board. BUSINESS AND FUNDS: ARTICLE IV 1. Contracts. The Board of Directors, by resolution, may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and in behalf of the District, and such authority may be general or confined to specific instances. No construction or purchase contract for work or materials or both, involving an expense of Two Thousand Dollars or more, shall be entered into, unless a notice for bids shall first be published for seven (7) days in at least one newspaper of general circulation in Pettis County, Missouri; but no such notice shall be required for contracts hiring or retaining agents, employees, engineers, and attorneys, including part-time or volunteer firemen. 2. Loans. No loans shall be contracted on behalf of said District, and no evidence of indebtedness shall be issued in its name, unless first authorized by resolution of the Board of Directors. Such authority may be general or confined to specific instances, and in accordance with State law. 3. Deposits. All funds of the District shall be deposited, from time to time, promptly after receipt, in the name of said District, in such banks or other depositories as the Board of Directors may select from time to time, by resolution. 4. Payments. No payment of the funds of the District shall be made except by check, and any such check shall be drawn and signed by the Treasurer and countersigned by one of the Directors of the Board, or in the absence of the Treasurer by two of the Directors of the District. Any claimant of any payment due him from said District shall present his bill to the Board of Directors for approval by said Board, and such approval shall be tantamount to a direction to the Treasurer to issue a check to such claimant in the amount approved. No check shall be written except by direction of the Board of Directors. 5. Tax Rates. Not later than the first meeting in April of each year, the Board of Directors shall determine the amount of money necessary for the operations of said District; and not later than the last meeting in April, the Board shall duly determine the tax rate and certify the same to the County Clerk, or in the manner provided by law. 6. Change in Boundaries. Any petition for change of the boundaries of said District shall be presented to the Board of Directors at any meeting, and the Board and the Secretary shall thereupon take action thereon, in the manner provided by law. The

7 decision of the Board thereon shall be made by resolution, a copy of which shall be filed with the County Clerk, in the manner provided by law. 7. Fiscal Year. The fiscal year of said District shall be that fiscal year fixed by law. 8. Seal. The seal of said District shall consist of the name of said District in the form of a circle, with the word Seal in the center of said circle. 9. Budgets. During each fiscal year, not later than the last day of that fiscal year, the Board of Directors shall adopt a budget for the general operating funds of the District for the next fiscal year, and for every special fund of the District of any kind, in such manner as may be provided by law. ORDINANCES: ARTICLE V 1. Scope. Ordinances of the District may be drawn, amended, altered, and repealed by resolution of the Board of Directors at any meeting of the Board, but all such ordinances shall be consistent with the law relating to Fire Protection Districts. 2. Introduction. Any Director may propose the adoption, amendment, alteration or repeal of any ordinance, to the Board of Directors at any regular meeting of the Board, or at any special meeting called for that purpose, either by presenting such ordinance, or any amendment, alteration, or repeal of any ordinance, in full documentary form, or by suggesting to the Board the general scope and field of such ordinance, amendment, alteration, and if, on said motion, the Board shall approve such suggestion, by resolution, then such suggestion shall be referred to the Legal Officer, who shall draft the full documentary form thereof as quickly as may be practicable, and shall report the same back to the Board promptly after such drafting. 3. Vote. The presentation of the full documentary form of any ordinance, amendment, alteration, or repeal of any ordinance to the Board, shall automatically be taken as a motion by the Director presenting the same, or who originally suggested the same, moving the passage thereof. However, no vote shall be taken on such motion until the full final text thereof has been read at length to the Board, and opportunity given for further amendment thereof, and for discussion thereof. If the Board shall adopt such motion, then the same shall become effective as an ordinance, or as an amendment, alteration or repeal of any ordinance, ten days after the adoption of such motion (but not including the day on which the vote is taken.) 4. Emergency. If any such full documentary form shall include a finding by the Board that an emergency exists, requiring the immediate effectiveness of such ordinance, amendment, alteration, or repeal of any ordinance, then the same shall become effective immediately upon adoption.

8 5. Signatures. All ordinances, and all amendments, alterations or repeals thereof, shall be signed by the Chairman, and attested by the Secretary of the Board, as promptly after the adoption thereof as possible. 6. Records and Numbering. The Secretary shall maintain a register of all proposed ordinances, showing the title thereof, and the number assigned to such proposal, which numbers shall be assigned in chronological order, and showing also the ordinance number, the date of adoption, and the effective date, if the same is adopted as an ordinance. Ordinance numbers shall also be assigned in chronological order. All such proposals, and all ordinances adopted, shall be included in the minutes of the proper meetings, at length, on presentation, and on adoption; but may be referred to by title or number when discussed at any meeting. The Secretary shall also maintain an Ordinance Book, in which he shall keep true copies of every adopted ordinance, in numerical order, which book shall be available only to the Board of Directors and to the officers of the District. The Secretary shall also maintain a public copy of the Ordinance Book, similarly, which shall be available to inspection by any interested person, at all reasonable times. 7. Form. A resolution adopting an ordinance, or any amendment, alteration, or repeal of any ordinance, shall be in the following form; but no variance from the following form shall affect the validity thereof; RESOLVED, that, WHEREAS (and here may follow recitations of supporting facts, if any); and WHEREAS, the Board of Directors find that such matters may properly be provided by ordinance; NOW, THEREFORE, BE IT ORDAINED by the Board of Directors: ORDINANCE NO. An ordinance providing for (here insert Title) (And follow with the body of the ordinance, numbered by sections, as may be appropriate.) ARTICLE VI AMENDMENTS TO BY-LAWS: 1. Generally. These by-laws may be amended, repealed, or altered, and new by-laws may be adopted at any regular meeting of the Board of Directors, or at any special meeting called for that purpose, by resolution of the Board. Promptly after the adoption of any such resolution, the Secretary shall make a notation on the original

9 copy of these by-laws, in his minute book, opposite the proper section, of the amendment or addition thereto, or repeal thereof, as may be appropriate, and shall insert the text thereof at the end of these by-laws in such book. ARTICLE VII 1. "Board". Wherever, in these by-laws, the word "Board" is used, it shall be construed to mean the Board of Directors of Fire Protection District No. One of Pettis County, Missouri. 2. "District ". Wherever, in these by-laws, the word "District " is used, it shall be construed to mean Fire Protection District No. One of Pettis County, Missouri. 3. "Director". Wherever, in these by-laws, the word "Director" is used, it shall be construed to mean any person then qualified and acting as a member of the Board of Directors of Fire Protection District No. One of Pettis County, Missouri. 4. Words Denoting Persons. The use of the pronoun "him" or any other reference to any person in these by-laws, shall not be construed to limit the holder of any office or staff position to persons of the male sex. However, such limitation may be made by any resolution of the Board relating to any such office, or staff position, at any time. 5. "Law". Wherever, in these by-laws, anything is directed to be done according to "law", such word shall be construed to mean the Statutes of Missouri then in force. 6. Order of Business. Business at regular meetings of the Board shall be transacted in the following sequence: first, reading of previous meetings' minutes; second, Treasurer's report; third, bills; fourth, old business and communications; fifth, new business; sixth, good and welfare of the District and its personnel; seventh, fix date and place of next meeting. THESE BY-LAWS ADOPTED ON OCTOBER 5, ATTEST: Secretary Chairman of the Board