South Toe Volunteer Fire & Rescue Constitution and Bylaws

South Toe Volunteer Fire & Rescue Constitution and Bylaws Drafted September 2002 Revised March 2013

TABLE OF CONTENTS ARTICLE 1: NAME AND PURPOSE SECTION 1. Name................................................................. 2 SECTION 2. Purpose............................................................... 2 ARTICLE 2: MEMBERSHIP SECTION 1. Membership Requirements............................................... 3 SECTION 2. Termination of Membership.............................................. 3 SECTION 3. Membership Classes..................................................... 3 SECTION 4. Probationary Membership................................................ 3 SECTION 5. Active Membership...................................................... 4 SECTION 6. Life Membership........................................................ 4 SECTION 7. Junior Membership...................................................... 4 SECTION 8. Inactive Membership.................................................... 5 SECTION 9. Meeting of Members.................................................... 5 SECTION 10. Absence from Meetings................................................. 5 ARTICLE 3: OFFICERS SECTION 1. Officers................................................................ 6 SECTION 2. Executive Officers....................................................... 6 SECTION 3. Chief Officers........................................................... 7 SECTION 4. Operational Officers................................................... 7-8 ARTICLE 4: ELECTIONS SECTION 1. Nomination of Officers................................................... 9 SECTION 2. Election of Officers...................................................... 9 ARTICLE 5: REQUIREMENTS, QUALIFICATIONS, AND EXCLUSIONS SECTION 1. Officers.............................................................. 10 SECTION 2. Drivers............................................................... 10 SECTION 3. Leave of Absence...................................................... 10 SECTION 4. Reapplication of Former Members........................................ 10 ARTICLE 6: COMMITTEES SECTION 1. Committees........................................................... 11 ARTICLE 7: DISCIPLINARY PROCEDURES SECTION 1. Complaints............................................................ 12 SECTION 2. Disciplinary Hearings................................................... 12 SECTION 3. Suspension........................................................... 12 SECTION 4. Expulsion............................................................. 12 SECTION 5. Notification to Defendant............................................... 12 ARTICLE 8: AMENDMENTS SECTION 1. Amendments.......................................................... 13 ARTICLE 9: MISCELLANEOUS PROVISIONS SECTION 1. Gender and Number.................................................... 14 SECTION 2. Constitution and By-Laws Activation...................................... 14 SECTION 3. Use of Alcohol and/or Drugs............................................. 14 SECTION 4. Drug Testing.......................................................... 14 SECTION 5. Financial Accountability................................................. 14 SECTION 6. Proxy Voting.......................................................... 14 1 P a g e

ARTICLE 1: NAME AND PURPOSE SECTION 1. Name This department shall be known as SOUTH TOE VOLUNTEER FIRE & RESCUE, Inc. located in the South Toe Township, in southern Yancey County, NC. The department will also be known and operate as South Toe Fire Department (STFD) SECTION 2. Purpose The Mission of South Toe Volunteer Fire & Rescue is to serve the community by responding to all reported fires, fire alarms, medical emergencies, and rescue calls, be it residential or business, and to provide mutual aid to the surrounding communities in accordance with established policies. 2 P a g e

ARTICLE 2: MEMBERSHIP SECTION 1. Membership Requirements 1. Any person eighteen (18) years or older, of good character and meeting statutory requirements, may apply for membership in the Department. 2. All applicants must have resided in the Department s geographical area for one (1) year prior to applying for membership. The majority of the membership present at any regular monthly meeting must approve exceptions. 3. All applicants must reside within the Department s geographical fire district. The majority of the membership present at any regular monthly meeting must approve exceptions. Any active member on the Department for five (5) years may live outside the district if approved by the Chief. 4. All applications for membership shall be submitted to an active member. The application must then be presented to the Chief. The applicant must have a documented twenty one (21) hours of training and incident responses before moving to probationary status. 5. Approval by majority of the members present at any regular monthly meeting shall constitute acceptance. 6. All applicants are subject to a drug screening and background check. SECTION 2. Termination of Membership Membership may be terminated by either resignation or expulsion. 1. The decision to present a vote for expulsion of an active member shall reside with the majority vote of the officers, pending a review of a written complaint, pursuant to Article 7. The Department may, by majority vote of members present at a monthly meeting, expel a member for cause. 2. Upon termination of membership for any reason, the member will return all issued equipment within fifteen (15) days. The equipment must be returned to the Chief, Assistant Chief, or other designated officer as directed by the Chief. 3. Failure to comply with this policy hereby authorizes the Officers to take any action deemed necessary to obtain the equipment or fair market value reimbursement. SECTION 3. Membership Classes The membership of South Toe Volunteer Fire & Rescue, Inc. shall consist of six (6) classes: Probationary, Active, Life, Junior, and Inactive. 3 P a g e SECTION 4. Probationary Membership 1. Probationary membership will be extended to those who are successfully voted into the Department by the membership and upon passing the drug screening. 2. New members must serve a probationary period of at least twelve (12) months. During the probationary period, a new member is required to attend at least thirty (30) hours of training, eight (8) monthly business meetings, and fifteen (15) percent of emergency calls. Any waiver of these requirements shall require the approval of the Fire Chief. Probationary members shall have all the rights, privileges, and responsibilities of regular active members. 3. Upon completion of above requirements and/or approval from the Fire Chief, the Probationary member shall be recommended for nomination by the personnel committee to the membership at a monthly business meeting for vote on advancement to active member. A majority vote of members present shall constitute acceptance.

4 P a g e SECTION 5. Active Membership 1. Active members shall follow all established departmental Standard Operating Guidelines (SOGs) at all times. SOGs shall be established by majority vote of current Officers and shall be announced to members at regular monthly meetings prior to implementation. Failure to comply with either the SOGs or By-Laws may constitute disciplinary action, suspension and/or termination of membership. 2. When in the area protected by this Department and available for duty, it is the responsibility of all active members of this Department to respond to all incidents of fire or other emergencies that are transmitted to this Department from Yancey Communications. All members must use due diligence, caution and sound judgment in responding to the scene of an emergency. 3. Any active member responding to an incident in a privately-owned vehicle shall do so with caution and shall observe all North Carolina State vehicle and traffic laws. 4. Active members with the approval of the Chief may display an emergency light. 5. All active members must attend a minimum of six (6) business meetings, thirty six (36) training hours, and ten (10) percent of applicable emergency calls annually. Active members are expected to attend special work sessions, training sessions, and emergency calls when available to do so. The Officers shall recommend moving members that have not met the requirements of active status to inactive status to the Chief. The recommendation will then be discussed at the next scheduled officers meeting or at a specially called officers meeting. 6. Equipment issued to members is the exclusive property of the Department and shall be treated with utmost care while in member s possession. This equipment is only to be utilized by members in support of the Department s duties/activities. SECTION 6. Life Membership Any member who has served at least twenty (20) years as an active member of this Department shall be eligible for Life membership. The Board of Directors may, by majority vote, nominate an active member to the membership as a Life member in recognition of meritorious service. A majority of the members present at any regular monthly meeting may accept or reject such application. If a Life member wishes to continue firefighting duties, they must attend a minimum of thirty six (36) hours of training annually and will be designated as an Active Life Member. All other attendance requirements are waived. Such members shall be entitled to all rights and privileges as an active member. Past members in good standing with the Department and meeting the above requirements are eligible for Life membership. SECTION 7. Junior Membership The requirements for Junior firefighting membership are as follows: 1. Must be at least sixteen (16) years of age, but not more than 18 years old. 2. Must be willing and able to attend at least fifty (50%) percent of scheduled meetings and required training. 3. Must maintain a seventy-five (75%) average or higher in their schoolwork. 4. Subject to all rules and regulations contained within the North Carolina Junior Firefighter Program guidelines. 5. Upon turning eighteen (18) years of age, a junior firefighter becomes eligible for active membership within the Department. A junior firefighter interested in becoming an active member must notify the Chief by the 1st of the month in order to be voted on at the next regularly scheduled business meeting.

SECTION 8. Inactive Membership 1. Active members that can no longer fulfill the requirements of membership may request to be moved to inactive membership status. This request must be made to the Chief with supporting information to warrant a change in status. 2. Active members that have not met the requirements set forth by the bylaws for active membership may be placed on inactive status by recommendation from one of the Officers to the Chief. Said recommendation will then be presented at the next scheduled Officers meeting or specially called Officers meeting for decision. 3. Upon inactive status, said member will return all Departmental issued equipment to the Chief, Assistant Chief, or any other officer designated by the Chief. Said member shall be removed from the active membership roster and placed on inactive status. 4. Inactive members may attend business meetings, but do not have voting privileges in Departmental matters. 5. A member may remain inactive for no more than twelve (12) months, unless otherwise approved by the Chief Officers. After twelve (12) months, the member will be removed from the Department. If the removed member would like to rejoin the department, he/she will have to reapply as specified Article 2, Section 1. 6. A member on inactive status may return to active status by fulfilling all requirements set forth for active membership as set by Article 2, Section 5. SECTION 9. Meeting of Members 1. The active membership shall hold regular business meetings on the third (3rd) Monday of each calendar month to discuss departmental matters and issues. All regular meetings of the Department shall begin at 1800 hours, unless otherwise specified by the Chief or Officer in Charge. 2. The Chief may call special meetings of the membership at any time. 3. Meetings shall be conducted under Robert's Rules of Order unless otherwise stated in the Constitution and Bylaws of this Department. 4. The Business meeting will follow the following outline: a) Roll Call b) Reading of minutes of the previous meeting c) Report of the Secretary/Treasurer d) Reports of Boards and Standing Committees e) Reports of Special Committees f) Applications for membership g) Balloting on candidates h) Unfinished business i) New Business SECTION 10. Absence from Meetings All probationary, active and junior members must to the best of their ability try to attend all business meetings. Any member, no matter the status, missing more than six (6) scheduled business meetings in a row will be moved to inactive status. 5 P a g e

ARTICLE 3: OFFICERS SECTION 1. Officers The Departmental Officers shall consist of three (3) classes: Executive, Chief and Operational. 1. Executive Officers shall consist of the Board of Directors. 2. Chief Officers shall consist of the Fire Chief and Assistant Chiefs. 3. Operational Officers shall consist of Captain, Lieutenants, EMS Officers, and Rescue Officers. SECTION 2. Executive Officers The Department shall elect for a term of two (2) years each: a Chairman, Vice-Chairman, as well as 3 additional members. The active membership will also nominate a Treasurer and Secretary. No member shall hold more than one (1) such office at the same time. The office term shall run concurrently with the calendar year. All terms will begin and end at the first annual business meeting held in January. Chairman- It shall be the duty of the Chairman to preside at all regular and special meetings of the Board of Directors. It is the responsibility of the Chairman to conduct such meetings in accordance with Robert s Rules of Order. The Chairman shall be the Chief Executive Officer of the Department in all civil matters and shall enforce the Constitution and By-Laws of the Department. On any business matter or election of officers, the President shall not vote except in the case of equal division when his/her vote shall decide. The Chairman shall be the civil spokesman of the Department; however, he/she may appoint the Fire Chief to speak on his/her behalf. Vice-Chairman - The Vice-Chairman shall assist the Chairman in the discharge of his/her duties. In the case of the Chairman's absence or disability, or should the Chairmanship become vacant, the Vice- Chairman shall assume the duties of the Chairmanship Secretary - The Secretary shall record and maintain the minutes of all meetings of the Department as well as the meetings of the Board of Directors. The Secretary shall safeguard an official copy of the Constitution and By-Laws of the Department in a locked designated area. The official copy shall be maintained and up-dated as needed, and shall be produced by the Secretary upon demand by any Officer. The Secretary will maintain a roster of members, and provide copies to the membership. At the conclusion of his/her term or upon resignation or expulsion the Secretary shall deliver to his/her successor all documents, papers and correspondence belonging to the Department. Treasurer - The Treasurer shall be the Financial Officer of the Department and shall receive all moneys and pay all bills unless otherwise directed by the Chairman. The Treasurer shall keep an accurate accounting of all Department funds in a bound volume. He/she shall invoice and collect any moneys for the use of the department. All moneys disbursed by the Department must be in the form of a check or purchase order and must conform to the SOGs. The Treasurer shall submit all accounts and records when called upon to do so. He/she shall present all records, books and materials pertaining to his/her office to his/her successor at the end of his/her term or upon resignation or expulsion. 6 P a g e

SECTION 3. Chief Officers There shall be one (1) Chief and two (2) Assistant Chiefs. The Chief and Assistant Chiefs shall be elected for two (2) year terms that shall run concurrently with the calendar year. No member shall hold more than one (1) such office at the same time. All Chief Officers must have a Chief 101 certification. Chief The Chief may be any active member in good standing who is at least thirty (30) years of age and has been an active member for six (6) or more years. The Chief shall take full, total and exclusive command of firefighting equipment and personnel upon report of a fire or emergency, during drills, at inspections, reviews or parades. The Fire Chief shall have the final responsibility at all emergency scenes and shall take all proper measures for the extinguishment of fires and the protection of life and property. The Chief shall also assume control and command of the Firehouse during such emergencies and drills. The Chief shall designate the duties of all Chief and Operational Officers. The Chief may from time to time establish rules or policies concerning the operating activities of the Department. These rules or policies shall be posted on the bulletin board, a copy of which must be given to each officer, and the new policy or rule must be read at the next regular meeting, before such rule or policy becomes effective. The Chief may appoint personnel to assist in the maintenance of apparatus. The Chief may suspend any member for just cause in accord with Article 7. The Chief shall serve as sole spokesman of the Department at all fires or any other incident, unless otherwise authorized. The Chief may appoint a Chaplain for a term to expire at the next annual election. Assistant Chiefs The Assistant Chief may be any active member in good standing who is at least twenty six (26) years of age and an active member for four (4) or more years. The Assistant Chiefs shall report to the Chief and carry out the orders of the Chief. In the absence of the Chief, the Assistant Chiefs have all the duties, powers, and responsibilities of the Chief. SECTION 4. Operational Officers There shall be two (2) Captains, two (2) Lieutenants, one (1) EMS Captain, two (2) EMS Lieutenants, one (1) Rescue Captain and one (1) Rescue Lieutenant. All Operational Officers will be elected for a two (2) year term that shall run concurrently with the calendar year. No member shall hold more than one (1) such office at the same time. Captains The Captains may be any active members in good standing of at least twenty five (25) years of age who has been an active member for three (3) or more years. The Captains shall obey all orders of the Chief, whether given directly or through the Assistant Chiefs. In the event the Chief and Assistant Chiefs are absent, the Captains shall take command of the Department and have all the duties, powers, and responsibilities of the Chief. Lieutenants The Lieutenants may be any active member in good standing of at least twenty three (23) years of age and has been an active member for more than two (2) years. The Lieutenants shall obey all orders of the Chief, whether given directly or through the Assistant Chief. In the event the Chief, Assistant Chiefs and Captains are absent, the Lieutenants shall take command of the Department and have all the duties, powers, and responsibilities of the Chief. EMS Captain The EMS Captain may be any active member in good standing of at least twenty five (25) years of age and an active member for more than 4 years. The EMS Captain must also hold a valid EMT- Basic certification or higher. The EMS Captain shall obey all orders of the Chief, whether given directly or through the Assistant Chief. In the event the Chief, Assistant Chiefs, Captains, and Lieutenants are absent, the EMS Captain shall take command of the Department and have all duties, powers, and 7 P a g e

responsibilities of the Chief. The EMS Captain will also be responsible for all medical equipment inventory, as well as maintaining all medical equipment on all Fire Department apparatus. The EMS Captain will be responsible for setting times and dates for Medical Training. EMS Lieutenants The EMS Captain may be any active member in good standing of at least twenty three (23) years of age and has been an active member for at least two (2) years. The EMS Lieutenants must also hold a valid EMT-Basic certification or higher. The EMS Captain shall obey all orders of the Chief, whether given directly or through the Assistant Chief. The EMS Lieutenants will also assist the EMS Captain with all medical equipment inventories on all Fire Department apparatus. The EMS Lieutenants will also assist the EMS Captain will Medical Training classes. Rescue Captain & Rescue Lieutenant The Rescue Captain and Rescue Lieutenant may be any active members in good standing of at least twenty five (25) years of age and an active member for at least two (2) years. Both the Rescue Captain and Rescue Lieutenant must also hold a valid Technical Rescuer certification recognized by the state of North Carolina. The Rescue Captain and Rescue Lieutenants shall obey all orders of the Chief, whether given directly or through the Assistant Chief. The Rescue Captain and Rescue Lieutenant shall also be responsible for all Rescue Equipment at the Firehouse, as well as overseeing all Rescue operations on incidents. Safety Officer The Safety Officer may be any active member in good standing of at least twenty one (21) years of age and an active member for at least two (2) years. The Safety Officer will be responsible for the safety of all emergency personnel, patients, and bystanders at any incident or at the Firehouse. Training Officers The Training Officers may be any active member in good standing of at least twenty one (21) years of age and an active member for at least two (2) years. The Training Officers will be responsible for assisting any member interested in training with finding classes, as well as scheduling training sessions at the Firehouse with the exception of Medical Training. 8 P a g e

ARTICLE 4: ELECTIONS SECTION 1. Nomination of Officers Nominations for vacant offices shall be taken at the start of the annual business meeting of each year. Nominations shall be made from the floor at the January meeting. A separate member in attendance must second each name offered in nomination. Any nominee may withdraw his/her name from consideration by notifying the Chief. Should no candidate remain after such declination, nomination for said office shall be reopened until the office is filled. SECTION 2. Election of Officers 1. Election of Officers shall be at the January business meeting with newly elected officers taking office effective immediately following the meeting the same night. There shall be no limit to the number of consecutive terms a member may serve in any one particular office. In event of a tie, the Chairman shall cast a ballot to break the tie. 2. No member may hold two (2) elected offices simultaneously. In the event that an officer is nominated for a different office before his existing term expires, he may accept the nomination, but if elected, must resign his original position. 3. Only members present and appearing on the current active or life membership list are eligible to vote in the election of officers. 4. Special elections may be held as needed to fill vacancies in officer positions. All candidates elected in a special election shall serve only the remaining term of the officer being replaced. The process for holding special elections shall be the same as that of regular elections, with the following exceptions: a) Nominations may be made and voted on at the same meeting, if desired. b) A special election may be held at any regular monthly meeting when a vacancy exists. 9 P a g e

ARTICLE 5: REQUIREMENTS, QUALIFICATIONS, AND EXCLUSIONS SECTION 1. Officers 1. Any person seeking and holding any office in the Department must be an active or active life member in good standing. 2. Any person seeking Executive office must be at least thirty-five (35) years of age and have been an active member of the Department for at least ten (10) years prior to his/her election. SECTION 2. Drivers All drivers/operators of any Department vehicle must be qualified to fully operate said vehicle and have a valid NC state operator s license. A member must be qualified by the Driving Committee and approved by the Chief prior to driving any Department vehicle. A list of qualified drivers shall be posted and maintained by the Chief in a conspicuous place in all firehouses. Drivers must adhere to all driver requirements, qualifications, and responsibilities contained within the SOGs. SECTION 3. Leave of Absence The Chief may grant leave of absence, with the reason for the leave request submitted in writing to the Chief. The member, during the leave of absence, may not vote at elections or seek office until return from the leave of absence. Any officer seeking a leave of absence must resign his/her office when such leave is granted. A member may not request a leave of absence greater than twelve (12) months. All requirements for active and/or probationary membership requirements will be prorated to the amount of time on active status for that year, with the exception of a minimum of twelve (12) hours of training. A member, upon completion of the said leave of absence, must submit a letter to the Chief requesting reinstatement to active status. SECTION 4. Reapplication of Former Members 1. Expulsion - Expelled members may submit an application for membership not less than twelve (12) months from the date of expulsion. Such members shall not seek office for a period of six (6) months from date of acceptance of such application. 2. Resignations - A member who has resigned while no charges are pending against him/her shall be given credit for continuous service if an application for membership is received from such person within twelve (12) months from date of resignation and is accepted. 3. Former members reapplying must submit their application through the Personnel Committee, and must meet the minimum requirements of new members as set forth in Article 2, Section 1. 10 P a g e

ARTICLE 6: COMMITTEES SECTION 1. Committees It shall be the duty of the Chief to appoint all Department committees as deemed necessary. The Chief may appoint each committee s chairman, or allow the committee to elect its own chairman by majority vote of the committee s members. It is the committee s responsibility to diligently undertake the task for which it has been charged and report its findings to the membership by the requested deadline. 11 P a g e

ARTICLE 7: DISCIPLINARY PROCEDURES SECTION 1. Complaints A complaint may be brought against a department member, while operating during department business (i.e., responding to calls, at the fire station, during training, etc.) for: Violating any principle of the Constitution and By-Laws, Standard Operating Guidelines or rules of order of the Department. Any conduct which could or has subjected a member or members of the Department or the public to harm or danger. Failure to obey the command of a superior officer at a drill or emergency. Conduct which may or has subjected Department property to damage or theft. An illegal act which relates to membership in the Department shall be made in writing to both the Chairman and the Chief. SECTION 2. Disciplinary Hearings Every member shall be entitled to a hearing for any complaint involving possible suspension or expulsion (except for failure to complete the probationary period). Disciplinary hearings shall not occur unless the charges are so specified as to apprise him/her of the nature thereof and enable him/her to prepare a defense. There must be a minimum of three (3) officers, to include both the Chairman and/or Chief, in attendance at all disciplinary hearings. SECTION 3. Suspension The Chief may suspend a member from the active membership. Such suspension, the terms of which will be determined by the Chief but which will not exceed thirty (30) days, may be made orally, but must be confirmed to the accused by a written complaint, as defined in Article 7, Section 1. SECTION 4. Expulsion Failure to comply with a penalty shall be considered as contempt of the Department. Expulsion of a member shall be by a majority vote at a regular monthly meeting. SECTION 5. Notification to Defendant All notices required to be given to a defendant relating to disciplinary proceedings shall be by certified mail and a post office receipt shall be sufficient proof of service. 12 P a g e

ARTICLE 8: AMENDMENTS SECTION 1. Amendments Any proposed addition or amendment to these By-Laws must be submitted in writing, to an Officer, not later than the 15th of the month preceding the meeting when it is to be presented. The officers shall review the proposed amendment and present it along with their recommendation at the next regular Department business meeting. A 2/3 majority of the active, probationary, and life members at a regularly scheduled monthly meeting or specially called meeting shall be necessary for the adoption of any addition, amendment, or revision. A proxy vote shall be accepted by the Secretary prior to said meeting per Article 9, Section 6. 13 P a g e

ARTICLE 9: MISCELLANEOUS PROVISIONS SECTION 1. Gender and Number As used in this Constitution and By-Laws words of the masculine gender include the feminine and words in the singular include the plural and words of the plural include the singular where appropriate. SECTION 2. Constitution and By-Laws Activation The Constitution and By-Laws contained herein shall take effect immediately upon approval by majority vote of active and life members present at a regular monthly meeting. SECTION 3. Use of Alcohol and/or Drugs Any member that is found to be under the influence of drugs or alcohol while responding to any Department emergency call, driving a Department vehicle, on Department property, attending a fire Department function, or participating in a training drill, will be placed on a 30-day minimum suspension for a first offense. Any subsequent offenses will result in the member's dismissal from the Department with no exceptions. All members should note that no warnings will be given. SECTION 4. Drug Testing All members are subject to drug testing at the request of any Chief Officer. Upon notification, said member will have a designated time set forth by the Chief Officer (not more than eight (8) hours) to complete the drug screening. If test is positive for drug use, all expenses for the test will be the member s responsibility. No loss wages or other monetary compensation will be made for time required to complete drug test. SECTION 5. Financial Accountability No purchase exceeding one hundred dollars ($100) will be made by any member, with exception to emergency situations. Any non-emergency purchase requiring more than $100 will be presented at the next regularly scheduled monthly business meeting for majority vote by the membership present at said meeting. SECTION 6. Proxy Voting Proxy votes shall be accepted for additions, amendments or revisions to the By-Laws, according to Section 8. Only active and life members shall be allowed to vote by proxy. Votes must be given to the Secretary in a sealed envelope prior to the meeting. Only the Secretary or President shall open the votes to be included when a vote is called for from the floor on the proposed By-Law addition, amendment or revision. 14 P a g e