CONSTITUTION AND BY-LAWS OF
COSSAYUNA VOLUNTEER FIRE DEPARTMENT INCORPORATED
ADOPTED MAY 1993
ARTICLE I
SECTION 1
This organization shall be known and recognized as the Cossayuna Volunteer
Fire Department, Inc. and shall consist of not more than 75 active members.
ARTICLE II - OFFICERS
SECTION 1 EXECUTIVE OFFICERS:
The Executive officers of this company shall consist of a President,
Vice President, Secretary, Treasurer and seven Directors, to be chosen
every two years (those years not electing line officers, or "even" years),
by ballot, or at any regular or special meeting when a vacancy may exist,
and be declared elected by a majority vote. No member will be elected
as an executive officer unless they have accrued at least 3 consecutive
years of membership with full voting privileges. In the event that
a qualifying member can not be nominated off the floor, the board of directors
will be allowed to nominate at least one member to fill the position, regardless
of the requirements of this section.
SECTION 2 LINE OFFICERS:
Chief, First Assistant Chief, Second Assistant Chief, Third Assistant
Chief, two Captains, and Fire Police Chief, to be chosen every two years
by ballot, or at any regular or special meeting when a vacancy may exist,
and be declared elected by a majority vote.
ARTICLE III - PRESIDENT
SECTION 1
It shall be the duty of the President to preside at all meetings
and keep order during the same. He shall appoint all committees whose
appointments are not otherwise provided for within 30 days after election
and impartially enforce the By-Laws from the chair.
SECTION 2
The Presidents' signature shall be on record in all financial institutions
where the Company deposits funds, should in the case of emergency, funds
are available to the company to make emergency repairs. Funds will
only be withdrawn should lack of action increase liability to the company
and the Board of Directors instruct the President to do so.
SECTION 3
The President shall be bonded for an amount equal to that of the
Treasurer.
ARTICLE IV - VICE PRESIDENT
SECTION 1
It shall be the duty of the Vice President, in the absence of the
President, to officiate as President, and to strictly perform all his duties.
ARTICLE V - SECRETARY
SECTION 1
The duty of the Secretary shall be to call the roll at all meetings
and to keep a correct record of all present and absent and to notify all
members of special meetings; to furnish each member with a certificate
of membership or badge; and a copy of these By-Laws; and to keep on file
all papers pertaining to the business of the company. In the absence
of the President and Vice President, he shall assume command of the company.
He shall bring or send to each meeting all books and papers relating to
the business of the company and deliver to his successor all books or papers
belonging to the company that he may have in his care.
ARTICLE VI - TREASURER
SECTION 1
It shall be the duty of the Treasurer to receive all money due the
company giving his receipt therefore, to pay all bills up to and including
$50.00 upon his approval and to pay all utility bills. He shall keep
an account book in which he shall enter all amounts received and paid,
which shall be open to the inspection of the company when any member demands
it. He shall at the annual meeting and such other times as the President
may direct, render a statement in writing of the receipts and disbursements
to date, showing the balance on hand or deficit, as the case may be; and
at the expiration of his term of office, or when called upon by the company,
deliver to his successor all money, books, papers or other property of
the company that he may have in his charge. In addition, he shall
be bonded in the amount of $25,000.00.
SECTION 2
A finance officer will be in charge of the First Responders accounts
with power to write checks from the First Responders account. The
finance officer of that account must make a monthly report to the fire
company.
SECTION 3
The Treasurer shall prepare a written operating budget for the Fire
Department, with assistance from the President, Fire Chief and Board of
Directors. Such budget will include allotments for recurring bills
(such as utilities), and anticipated expenses (such as new equipment) for
the upcoming year. The proposed budget will be reviewed by the Board
of Directors and approved by the Department no later than the November
regular meeting. The Treasurer shall insure that the Department adheres
as closely as practical to the adopted operating budget.
ARTICLE VII - FIRE CHIEF
SECTION 1
No member shall be elected as Fire Chief who has not been a voting
member of this department for at least five consecutive years and has served
at least one term as an Assistant Chief and maintained his active firefighter
status during the interim. The Chief must maintain his active firefighter
status through-out his term. In the event that a qualifying
member can not be nominated off the floor, the board of directors will
be allowed to nominate at least one member to fill the position, regardless
of the requirements of this section.
SECTION 2
It shall be his duty to see that the fire truck and its' appurtenances
are kept in order; to take command of the company at every alarm, at parades,
drills, excursions, and on all occasions except meetings of the company,
and at fires to obtain a discharge as soon as practicable, and observe
that each member does his duty.
SECTION 3
He shall have the power to excuse members from duties at fires when
a reasonable excuse shall be given.
SECTION 4
He shall keep a book to record all fires and also all members present,
turning over report of same at each regular meeting.
ARTICLE VIII - ASSISTANT CHIEFS
SECTION 1
No member shall be elected as Assistant Chief who has not been a
voting member of this department for at least three consecutive years and
has served at least one term as a Captain or higher rank. All Assistant
Chiefs must maintain their active firefighter status through-out their
term. In the event that a qualifying member can not be nominated
off the floor, the board of directors will be allowed to nominate at least
one member to fill the position, regardless of the requirements of this
section.
SECTION 2
Their duties shall be to aid the Chief and in his absence to officiate
as Chief and to strictly perform all his duties.
ARTICLE IX- CAPTAINS
SECTION 1
No member shall be elected as Captain who has not been a voting
member of this department and an active firefighter for at least three
consecutive years. All Captains must maintain their active firefighter
status through-out their term. In the event that a qualifying member
can not be nominated off the floor, the board of directors will be allowed
to nominate at least one member to fill the position, regardless of the
requirements of this section.
SECTION 2
Their duties shall be to aid the Chief and the Assistant Chiefs.
In the absence of the Chief, or his Assistants, they are to officiate as
Chief and to strictly perform all his duties.
ARTICLE X - POLICE CHIEF
SECTION 1
It shall be his duty to handle all traffic at fires and drills and
appoint all deputies he deems necessary.
ARTICLE XI - DIRECTORS
SECTION 1
It shall be their duty to hold in trust for the company all real
property, stocks, securities, and investments which are not controlled
by the treasurer. They shall have power to transfer, exchange, or
deposit same or any part thereof, whenever requested by a two-thirds vote
of the company; deposits to be made in such institutions as may be directed
by two-thirds vote of the company.
SECTION 2
It shall be their duty to see that the house and grounds are kept
in proper order and repair.
SECTION 3
They shall have the power to call on any member or members to assist
them if necessary.
SECTION 4
The Board Of Directors of the company shall constitute an Auditing
Committee. They shall audit all yearly reports at the annual meeting.
SECTION 5
Members of the board of Directors are to be elected
for a two year term, such election to be held during the annual meeting,
at such years where line officers are not to be elected. (Adopted
Feb. 6th, 1996)
ARTICLE XII - DUTIES AT FIRES
SECTION 1
It shall be the duty of each member to report immediately to the
fire truck on every alarm of fire, to aid all in his power to "get to work",
to remain where he is stationed; to attend to any duty to which he may
be detailed by an officer in command. It shall be the duty of the
first firefighter arriving on a scene of fire or other alarm to act as
chief or assistant during the absence of these officers as outlined in
the S.O.P. of this department.
SECTION 2
Any member arriving at the firehouse before an alarm has been sounded
shall ring an alarm by notifying County Control. The first member
arriving at the firehouse after an alarm has been sounded shall open the
doors and prepare the truck to leave. In the absence of a regular
driver he may, if he is authorized by the Fire Chief, drive the fire truck
to the fire.
SECTION 3
All members shall assist in returning the apparatus to the firehouse,
and shall assist in taking care of same after a fire, except he be excused
by the officer in charge and shall be liable to expulsion for failing to
do so.
SECTION 5
While at an incident, scene of fire or other alarm, all members are
subject to the standard operating procedures as defined by this fire company.
Such procedures are to be defined, in writing, by the fire chief and his
officers. These procedures may be amended or otherwise changed at
the discretion of the fire chief and his officers without vote by the department
provided at least 30 days notice is given. Notice given during a
regular meeting of this department shall be sufficient to change these
procedures.
ARTICLE XIII - MEETINGS
SECTION 1
The regular meeting of this company shall bee held as follows: On
the first Tuesday of each month at 7:30 o'clock P.M. Special meetings
may be called by the President at his discretion or on petition of ten
(10) members. Amount of notice to be given is at least three (3)
days in writing.
SECTION 2
The annual election of officers of the company shall be held on the
first Tuesday of January, at which time officers will be elected for the
ensuing term.
SECTION 3
A quorum shall be 25% of the membership but not less than ten members.
SECTION 4
Pleading ignorance of these By-Laws will not excuse any member.
ARTICLE XIV - ADDITION OF MEMBERS
SECTION 1
A member should be a resident of said fire district. New members
may reside outside of the fire district provided that they live closer
to this department than another and provided that not more than 10% of
the active membership resides outside the district. Should an active
member in good standing move to a location outside the district s/he will
not be included in the total but in no case will they by required to resign
from the Department. No active member will maintain membership in
a second Fire Department. If a question should arise, straight line
miles between the residence and the nearest fire station, rather than road
miles shall be used to eliminate any conflict. Each member shall be made
aware of the requirements to retain active membership and active fire fighting
status.
AMENDMENT 1
An individual may join the Department only as a Social Member if
they do not follow the guidelines set forth in this section. They
may become an active member only at such time as they conform to these
guidelines.
SECTION 2
The name of any person proposed for membership in this company shall
receive the approval of the company by a majority ballot during the same
meeting that his/her name is submitted. The name of any person proposed
for membership must be submitted to the company by another member on an
approved application form. Any proposed member under the age of eighteen
shall have parental consent indicated on the application form. No
individual will be considered for membership who is under 16 years of age.
Individuals seeking membership must submit their $5.00 membership fee before
their petition to join the department will be heard. If the application
is rejected, the fee shall be returned. New members shall receive
a copy of the By Laws and S.O.P. of this Department from the Board of Directors
within fourteen days.
SECTION 3
If the new member is joining the department as a firefighter,
s/he will be issued the status of probationary fire fighter for a period
of not less than six months. At the conclusion of the probation period
the chief may grant the individual full fire fighter status provided s/he
has completed Essentials of Firemanship. New members are subject
to a six month trial period, full membership awarded as allowed in Article
XIX, section 4.
ARTICLE XV - BY LAWS
SECTION 1
These by laws may be altered or amended by ballot. The motion
to amend shall be tabled for at least one month and one months' notice
must be given of such intent. Proper notice shall be the posting
of such intent at both stations. The motion to table the motion to
amend, and the vote to amend the By Laws shall not carry with less than
a 2/3 vote by the membership present.
SECTION 2
If a point of order should arise during a meeting of this Department
which is not answered in these By Laws, then the President will refer to
"Roberts Rules of Order" to settle the question.
ARTICLE XVI - DEPARTMENT PROPERTY
SECTION 1
The firehouse may be used for any community gathering with the consent
of the Board of Directors.
SECTION 2
No property shall be loaned or taken from the building except for
emergency purposes, unless by permission of the Directors.
SECTION 3
Anyone who becomes intoxicated can be immediately ejected from the
premises.
ARTICLE XVII - DRIVERS
SECTION 1
Drivers will bear in mind at all times that the safety of the fire
apparatus and the men riding on same must come first both going to and
returning from a fire.
SECTION 2
Drivers are responsible for the trucks, must keep the gas tanks filled,
the oil at its' proper level and the tires properly inflated.
SECTION 3
The driver who takes an apparatus to a fire, drill or other function
must remain with it at all times unless relieved by the chief or officer
in charge. The driver who returns the truck to the firehouse shall
not leave same until it is placed in proper condition to answer an alarm.
SECTION 4
No one under 21 or over 65 years of age will drive the fire trucks
as outlined in the departmental S.O.P.
ARTICLE XVIII - DRILLS
SECTION 1
Members of the company shall be subject to frequent drills either
in small groups or as a whole as the chief may elect.
SECTION 2
Only the chief or an officer in charge of a drill has the right to
excuse a member who has been duly notified to appear for a drill.
ARTICLE XIX - MEMBERSHIP
SECTION 1
Honorary members shall be voted by members of the company.
Only present or past members of this department will be considered for
Honorary status. Honorary members shall retain all the privileges
of active membership. The most pressing criterion for consideration
into Honorary membership shall be continued efforts to the benefit of the
Cossayuna Volunteer Fire Department. By granting a individual Honorary
membership, we acknowledge their efforts to the department and the community.
SECTION 2
Dues for continued membership shall be $5.00, payable to the Secretary
at the annual meeting. All active firefighters who retain voting
privileges will be exempt from paying dues.
SECTION 3
It shall be the duty of the Secretary to advise all inactive members
in default of their dues sixty days after the annual meeting;
such notice to be in writing. Members in default for 90 days shall
loose all forms of membership in this department.
SECTION 4
Evaluation of new members will be made during first six months and
recommendations made to membership of company by the Fire Chief and President,
at which time full membership will be awarded if carried by a majority
ballot. If a majority is not obtained, the member can start a new
six month probationary period or be removed from the department as determined
by a second ballot. No motions except to table the matter can be
added to the second ballot.
SECTION 5
Any member that has accrued twenty years or more to the fire department
will be exempt from paying dues.
SECTION 6
Annual requirements for active Fire Fighters:
1) Completion of training required by the New York State
Department of Labor and by the Cossayuna Volunteer Fire
Department .
-or-
2) Completion of the New Essential of Firemanship as
offered from time to time by the County of Washington, New York
State. Essentials must be completed within 18 months of joining the
department.
-and-
3) Each active Firefighter must attend at least twelve
company held drills each year.
SECTION 7
Annual requirements for voting privileges:
1) Must attend at least 25% of the regular monthly meeting of
the fire department
Exemption to requirements in this section may be observed at the
discretion of the President and Secretary if in their opinion there is
a reasonable excuse given by the member.
SECTION 8
Failure to satisfy the requirements as set forth by Article
XIX, Section 6 will result in suspension of all responsibilities and privileges
pertaining to Fire Fighting, such as fire suppression, drills and transport
of apparatus. Such person will retain membership, if qualified, in
the department but shall not be referred to as a "fire fighter" in any
manner. Upon notification of his intent to re-instate himself as
a Fire Fighter to the Chief or his assistants, said member will be reclassified
as a probationary Fire Fighter in order to fulfill the requirements set
forth by Article XIX Section 6. The requirements and obligations
of a Probationary Fire Fighter being explained in other sections of these
by-laws. If a member elects to become a probationary firefighter
to regain full fire fighter status, Article XIX, section 4 will not apply
unless the probationary member wishes it.
SECTION 9
Failure to satisfy the requirements as set forth by Section 7 will
result in suspension of all voting privileges, including making and seconding
a motion, during any and all meetings. The member now becomes a "Social
Member". Providing that he is otherwise a member in good standing,
this does not revoke his right of addressing the membership during the
meeting of the department. Voting rights may be reinstated once by
satisfying the stated requirements within one year. In the event
that these privileges are lost for a second, or further time, reinstatement
must also include a majority vote, by ballot, of those voting members present
during a regular monthly meeting once the requirements of Article XIX,
section 7 are fulfilled.
SECTION 10
In the event that any member feels that they are the unjust recipient
of any action under these by-laws, they may request that the President
hold a tribunal to investigate the allegations. Such tribunal panel
to be appointed by the President and will consist of not more than three
active members, and to consist of one member from the Executive, Director
and Line Officer branch of the Department. The decision of the tribunal
will be final upon acceptance by the department by a 2/3 ballot until
such time as new information becomes available If any member conducts
themselves in such a manner as to willfully and destructively allow the
financial or physical interests of the fire department to be compromised,
then a tribunal shall be held. Illustrations of such actions are
the willful and wanton destruction of Fire Department property, the permanent
removal of Departmental property for personal use or gain through fraud
or theft or not reporting the actions of another member whose actions would
result in fraud or theft.
AMENDMENT I
For any like infraction of the By-Laws or Standard Operating
Procedures, the following penalties will be imposed:
1st offense : Verbal warning
2nd offense : Written warning
3rd offense : 2nd Written warning
4th offense : 3 Months Probation
5th offense : 3 Months Suspension
6th offense : Termination
The records are to be wiped clean after one calendar year and
all offenses are to go through a Tribunal Panel.
AMENDMENT II
Executive officers shall be elected for a two year term. Such
elections to be held during the annual meeting, at such years where line
officers are not to be elected. (Adopted Feb. 6th, 1996)