North Lenoir Fire Protection Association, Inc.
Constitution and Bylaws
Article I
NAME
The name of this organization shall be the North Lenoir Fire Protection Association, Inc.
Article II
PURPOSE
The purpose of this organization shall be the preservation and protection of life and
property from and during such fires or other emergencies as may occur in the fire
district and vicinity.
Article III
MEETING OF MEMBERS
Section 1: Annual Meeting
The annual meeting of the members of this Association shall be held at the principal
office of this Association in the county of Lenoir, State of North Carolina, at 8:00 O’clock
p.m. or as soon thereafter as the members shall assemble, on the second Monday in
June, in each and every year. During this time here shall be elected by the members, by
secret ballot, a Board of Directors comprised of five (5) members; said Board shall
consist of a President, Vice-President, Secretary, Treasurer, and (1) member from the
North Lenoir Fire Association, shall hold office until the next ensuing annual election
and thereafter until their successors are elected and qualified. The Association will have
no more than two Line Officers elected to sit on the Board of Directors and will not hold
the position as President. No probationary, honorary or suspended member shall hold
any office in the association during any probation or suspension period.
Said annual meeting shall also transact such other business as may be properly
brought before them.
Prior to such annual meeting, the Board of Directors shall make a detailed report of the
business of the Association for the preceding year.
No special notice of said annual meeting shall be required, except that if such date is
changed from that stated herein, the Secretary shall mail to each member at his last
known address, a notice of such change at least five (5) days prior to the second
Monday in June or the actual meeting date, whichever is earliest.
Section 2: Special Meetings
Special meetings of the members may be held at such place and time as may be
designated in the call of such meeting, and may be called by at least three (3) members
of the Board of Directors including the President and Secretary. A notice of such special
meeting shall be mailed/called to each member, by the Secretary, at his last known
address/phone number at least five (5) days prior to the date of such meeting; provided,
no notice shall be required if all members waive such notice. Special meetings may
adjourn to a later date, and no notice of such adjournment may be necessary.
Section 3: Interim Meetings
Business meetings of the members shall be held on the second Monday night of each
and every month for the purpose of conducting such business as may be appropriate.
Such meetings may be preceded by a meal if a cooking committee is in place and funds
are available. Each meeting shall begin at or about 8:00 O’clock p.m., and no special
notice of such meetings shall be required.
Section 4: Training Meetings
Training meeting shall be held on Monday nights of each month (except the second
Monday night) beginning at 7:00 O’clock P.M. or at such time as the Officer in Charge
shall designate.
Section 5: Work Meetings
Meetings other than those specified in sections above, may be called by any member
for the purpose of conducting any work on the building, grounds, or equipment in the
interest of maintenance; as deemed appropriate by the Board of Directors, or the Chief.
No special notice of such meetings shall be required, provided however that no
business shall be transacted nor action taken that would be considered binding upon
the Association, except as otherwise provided for herein.
Section 6: Board of Directors Meetings
The Board of Directors of the Association should meet during the week prior to the
regular business meeting of the members. The meetings should begin at 6:30 P.M. The
meeting shall be open to any active member of the Association unless the President
calls an Executive Session to discuss a personnel matter.
Section 7: Quorum
A) A quorum of the membership shall be considered any number present at any
annual, special, or interim meeting provided there are at least eight (8) members
present who are not members of the Board of Directors, and must have at least
three (3) Board of Directors present. Any number less than a quorum may
adjourn any meeting until a quorum is present, and no notice as to such
adjourned meeting shall be necessary; provided a quorum must be present in
order for such business conducted by the membership to be legal and binding.
B) A quorum of the Board of Directors shall be considered three (3) Board members
present. Any number less than a quorum may adjourn any meeting until a quorum
is present, and no notice as to such adjourned meeting shall be necessary;
provided a quorum must be present in order for such business conducted by the
Board of Directors to be legal and binding.
Section 8: Voting Rights
A) Each and every member, with the exception of probationary, honorary or
suspended members of the North Lenoir Fire Protection Association present at a
meeting of the Association has the right to vote on any matter brought before the
Association for a vote.
B) Probationary and suspended members will at the end of the probation or
suspension period have full voting rights.
C) Any member that has not maintained at least 36 hours of combined training,
business meeting, and or special activities in the preceding calendar year will be
considered inactive and will forfeit all voting rights. (Calendar year meaning 01
January through 31 December) Once the member completes their 36 hours of
combined training, business meeting, and or special activities, their voting rights
will be reinstated at the discretion of the Board of Directors and Chief.
Section 9: Order of Business
The following order of business should be followed in any annual, special, or interim
meeting at which business is to be conducted; however the presiding officer shall have
the authority to set their own order to accommodate various situations. Unless approved
by the Board of Directors and not in a closed session, only members of the Association
shall attend the business portion of the meeting.
A) Call to Order
B) Roll Call
C) Guest presentation
D) Minutes of the last meeting
E) Minutes of the Board meeting
F) Treasurer’s report
G) Chief’s report
H) Election of officers [if applicable]
1) Unfinished business
J) New business
K) Adjournment
Article IV
BOARD OF DIRECTORS
Section 1: Number and Term of Office
There shall be five (5) Directors who shall be elected upon the affirmative vote of a
majority of the members present at the meeting of the Association, or at any
adjournment thereof, to serve until the next annual meeting of the members, or until
their office shall be declared vacant, or until their successors are elected and qualified.
No member of the Association shall be nominated and or voted to a position on the
Board of Directors without minimum of (3) year’s continuous service of firefighting with
North Lenoir Fire Association. No Line Officer will be appointed to the Board of Directors
as President of the board. Each Director shall serve a two (2) year term. The President
and Secretary shall be elected on alternating years as the Vice-President, Treasurer,
and (1) member from the North Lenoir Association.
Section 2: Power of Directors
The Board of Directors shall have general management and control of the business,
property and affairs of the Association, and may exercise all powers with regard thereto,
except such as are by law expressly reserved to the membership. Decisions regarding
all matters not subject to vote by the membership shall be final.
Article V
DUTIES OF DIRECTORS
Section 1: President
The President shall preside at all meetings of the Directors or the members and shall
have general charge of and control over the affairs of the Association, subject to such
regulations and restrictions as shall be determined by the Board, or as contained herein.
Section 2: Vice-President
The Vice-president shall perform such duties as may from time to time be assigned to
him by the Board. In case of death, disability or absence of the President, he shall be
vested with all powers and duties of the President. Other duties shall include:
Coordinate use of the building by members, insure maintenance and cleanliness of
building and grounds.
Section 3: Secretary
The Secretary shall keep a record of all meetings of the members and Directors; shall
give notice of all meetings as provided herein; shall have custody of all books, records
and papers of the Association except those as shall be in the charge of the Treasurer;
and shall perform such other duties as may from time to time be assigned him by the
Board.
Section 4: Treasurer
The Treasurer shall keep accurate and detailed records of all monetary transactions,
which record shall at all times be subject to inspection by any member of the
Association. A report of financial status shall be made available by the Treasurer at all
business meetings of the membership.
The Treasurer shall deposit all Association funds coming into his hands in such bank or
banks as may be designated by the Board. All checks shall be issued by the Treasurer,
with the additional signatures of one of two other officers designated by the Board. In
case of the inability of the Treasurer to act, checks may be signed by the President or
the Chief.
The Treasurer shall give such bond with such security as may from time to time be
designated by the Board.
Section 5: MEMBER(S) FROM NORTH LENOIR ASSOCIATION
Shall perform such duties as may be designated by the Board of Directors.
Section 6: Duties of Directors
It shall be the responsibility of the Board, along with the Chief, to ensure that the
Association meets all criteria set forth by the insurance commission to maintain a rated
fire district.
The Board shall, at least once per year, cause the review of the provisions of these
bylaws for the purpose of insuring that all articles are being followed and are up to date.
The Board shall be responsible for taking such action as shall be deemed necessary by
them to insure all members abide by the by-laws and all other regulations.
Article VI
LINE OFFICERS
Section 1: Selection
A) Prior to the May meeting, any member desiring to become a Line Officer of the
Association shall fill out and present to the Chief an application for such. No
person who has not submitted such an application shall be considered for any
line position, including current officers. The list of applicants will be made
available for the review of the membership prior to the May business meeting.
This requirement applies to all officers, including those desiring election as a
Chief or any other Line Officer. Applications shall be made available at the April
business meeting.
B) The Chief, Deputy Chief, First Assistant Chief, and Second Assistance Chief
shall be elected upon the affirmative vote, by secret ballot of the majority of the
members present bi-annually at the annual meeting of the Association. The
selected officers will then choose the Company officers annually from the
applications as follows:
•
•
•
•
•
•
First Captain
Second Captain
Third Captain
Fourth Captain
Safety Officer
Safety Officer
C) The Chief, Deputy Chief, First Assistant Chief, and Second Assistant Chief after
being elected by the membership will each serve a two (2) year term.
Section 2: Qualification
A) No member may be elected as a Chief, Deputy Chief, or Assistant Chief until
having served as a Company Officer with North Lenoir Fire Association for two
(2) years and be State Certified Firefighter II, or has a minimum of five (5) years
of firefighting service with North Lenoir Fire Association. If there are not enough
applications to meet the above requirements, the next highest Company Officer
will move up to fill the position.
B) No member may be appointed and affirmed to a Company Officer position until
having served as a firefighter with North Lenoir Fire Association for two (2) years,
and must be State Certified Firefighter I, or have a minimum of five (5) years of
firefighting service with North Lenoir Fire Association. If there are not enough
applications to meet the above requirements, the remaining positions, if deemed
necessary to fill, will be appointed by the four (4) Chief Officers.
C) Any applicant for an officers position with North Lenoir Fire Association may be
declined if considered unqualified for the safety of the Fire Association and its
members, by the Chief and the Board of Directors. Such decisions must be
documented and kept on file.
Section 3: Duties of the Chief
A) The Chief shall have administrative responsibility for Operations, Maintenance,
Training, and Safety of all members, which responsibilities will be delegated to
the Officers as seen fit.
B) The Chief shall prescribe the duties of all other Line Officers. All such Officers
shall be accountable only to the Chief.
C) The Chief shall be accountable only to the Board of Directors of the Association
and as Chief of the Association will not be appointed to the Board of Directors.
D) The Chief shall have full charge of all fire apparatus and equipment. He shall
designate and qualify through training all members who shall act as firemen,
drivers, and pump operators, based on the recommendation of the assigned
company officer.
E) The Chief shall make a report to the membership at their monthly meetings. Such
report shall consist of:
•
Number of alarms answered during preceding month
•
Equipment Maintenance report
•
Any other information required by the Board or
Membership
F) The Chief shall have full authority to purchase or cause to be purchased such
emergency equipment as he shall deem necessary for the continued safe and
effective operation of the Fire Department; provided however, that such
expenditure does not exceed $1,000.00. Any expenditure above that amount
must be approved by the membership of the Association. The Chief will have full
authority to make or cause to be made any emergency repairs as he shall deem
necessary to maintain full operation of all fire apparatus and equipment
G) The Chief shall promptly report to the Board any grievance or complaint arising
from unfavorable conduct on the part of any member. Action by the Board shall
be final in all such matters.
H) The Chief and Deputy Chief may suspend any Firefighter for rule violations for up
to thirty (30) days. Suspensions over thirty (30) days shall be approved by the
Board of Directors and Chief with respect to Article VllI, Section 3, Item (A) of
these By-Laws.
Section 4: Duties of Other Line Officers
A) In the absence of the Chief, the Line Officers shall normally be in charge in the
following order:
•
•
•
•
Deputy Chief
First Assistant Chief
Second Assistant Chief
First arriving Captain
B) The Chief may elect to institute any command procedure he deems appropriate,
including leaving overall command of an incident with any Junior Officer who
arrived first. Such procedure should from time to time be reviewed with the
membership to assure understanding.
C) All members shall obey the orders and directions of the Officer in charge at any
alarm.
D) All Officers shall execute such duties as may be prescribed by the Chief.
E) Each of the Chiefs will have primary administrative responsibility for: Operations,
Maintenance, Training, and Safety.
F) Each Company Officer will have a Iike-size crew of firefighters assigned to him
as a company. Each Officer will be responsible for managing all aspects of his
crew, including Issuing gear, assuring understanding and compliance with
SOG's, training, and so forth. Each Officer and his crew will be responsible for
the maintenance checking and training around all assigned apparatus. A job
description more fully describing the responsibilities of each Officer will be
provided as a part of the departmental SOG's.
G) Each Company Officer, in addition to having responsibility for a company, will
have responsibility for managing one of the station units along with the
associated building and grounds. Each Station Captain should report any needed
building maintenance to the Vice- President.
Article VII
MEMBERSHIP
Section 1: Admission to Membership
A) Any person of good moral character, physically sound, and who has attained the
age of 18, may make application for admission to the Association.
B) Applicant must have had a written application on file with the Board of Directors
for at least seven (7) days prior to the Board meeting.
C) Applicant must be recommended by the Board of Directors before the application
can be considered by the membership.
D) Membership in this Association shall be determined upon motion duly made and
seconded by the members thereof, and upon the affirmative vote of the majority
present at a business meeting of the membership. Initial membership shall be for
a six-month provisional period, at the conclusion thereof said, application shall be
subject to a second vote of the membership as described above in order to either
remove the member’s probationary status or delete the probationary from the
Association.
E) Prospective members must physically reside within a 6 mile road radius of any
North Lenoir station. Members who for various reasons must temporarily set up
residence outside the district may remain on roll at the discretion of the Board for
periods of time not to exceed 90 days. The board may review applications for
members who physically reside outside the 6 mile radius under extenuating
circumstances and consider approving such status. All such decisions shall be
made in the sole discretion of the Board and the Chief.
F) No member shall have their name on the active roll at any other volunteer fire
department. Any member with their name on the role of another volunteer fire
department will be given 60 days to have it removed or be dropped from the roll
of North Lenoir Fire Protection Association. This provision does not apply to
members with rescue squads or paid departments.
Section 2: Evidence of membership
Membership in this Association shall be evidenced by a membership certificate duly
executed by the Chief.
Section 3: Membership dues
Dues for membership to the Lenoir County and North Carolina Fire Associations are
due annually. These dues will be paid, for each and every member, by the North Lenoir
Fire Protection Association. The amount of the dues shall be set annually by the Board
of directors.
Section 4: Honorary Members and Retired Members
A) Honorary memberships shall be conferred at the discretion of the membership to
such members and for such terms as deemed appropriate. Honorary members
shall not pay dues, shall have no voting privileges, and shall hold no office.
B) Retired members are members that have served a minimum of 20 years of
service in good standing with North Lenoir Fire Protection Association and have
requested in writing to the Board of Directors or the Chief their intent to become a
retired member of the Association. Retired members shall not pay dues, shall
have no voting privileges, and shall hold no office.
Section 5: Fireman's Pension Fund
As of June of each year, the Corporation will pay to the North Carolina State Firemen's
Association the amount then required for annual participation in the Association's
pension fund for each member meeting the following conditions as of 01June of that
year:
A) Must have been a member in good standing for at least one year.
B) Must have purchased at least one year’s participation on their own behalf in a prior
year.
C) Must have met all requirements of the North Carolina Firemen's Association of
Pension Fund participation in the previous 12 months.
D) Must have attended at least thirty six (36) hours of the Association’s regular training
meetings for the year, as certified by the Chief and Secretary.
Article VIII
RULES AND REGULATIONS FOR MEMBERS
Section 1: Rules and Regulations
All rules and regulations, amendments or expansions thereto governing the operation of
this Association and the conduct of its members, and duly approved by the Board of
Directors, are adopted by reference and made a part of these by-laws.
Section 2: Conduct of Members
A) Members of the fire department shall at all times conduct themselves in such a
manner as not to discredit the department.
B) No member shall appear at any fire department function in a state of intoxication,
or using profane and indecent language.
C) No member shall leave a meeting or the scene of a fire, or the fire station after a
fire until excused by the Officer in charge. All members are required to return to
the station following an alarm, to assist in returning equipment to ready status,
unless excused.
D) Performance of duties at all alarms or other activities shall be subject to the
supervision of the Officer in charge.
E) No member shall operate any apparatus assigned to the department unless
approved by the Chief.
F) No member, under any condition, shall operate any apparatus assigned to the
department in a careless and reckless manner, with disregard for the personal
safety of himself or others.
G) All members responding to alarms in their privately owned vehicles will be
subject to the same provisions as in item F of this section.
H) No member shall needlessly abuse any equipment belonging to the department.
All members will be responsible for maintaining the equipment, station, and
grounds.
I) No member shall consume any alcoholic beverage while on fire department
premises or allow such consumption by any other person or persons while on fire
department property.
Section 3: Suspensions and Dismissals
A) Members of the fire department may be suspended or dismissed for violations of
any regulations set for in Section 1 of this article at the discretion of the Board;
provided however that any suspension in excess of sixty days, or any dismissal,
must have the unanimous approval of all five (5) board members.
B) Absence from three (3) consecutive calendar months of meetings, without a
leave of absence, shall result in dismissal. Members must be present for the oral
roll call for attendance to be verified. The Officer in charge at Training or Special
called meetings shall be responsible for the roll call and forwarding the names to
the Secretary.
C) All members of this Association are required to attend at least 36 hours of
training and/or meetings per year. Failure to complete the 36 hours, without a
leave of absence, shall result in dismissal. Members must be present for the oral
roll call for attendance to be verified. The Officer in charge at Training or Special
called meetings shall be responsible for the roll call and forwarding the names to
the Secretary.
Section 4: Emergency Leave
A) A member may request and be granted a maximum of one (1) six (6) months
leave of absence per twelve (12) month period. The request must be written and
be addressed to the Board of Directors. Final action on such request shall be
made by the Board.
B) Any member who must take leave of absence from the Association to fulfill
military duties or to attend college shall not be penalized for their absence.
However all members are still responsible for their training hours to remain
eligible for the pension fund, have voting rights to maintain response privileges.
Section 5: Resignations
Any resignation by a Board Member or Line Officer shall be in written form and
addressed to the Board of Directors. The resignation shall be final and remain in effect
until the next elections at the annual meeting, however the Board has the authority to
appoint a member at large to the Board of Directors, and the Chief has the authority to
appoint a Line Officer providing all criteria’s are met by the Association.
Article IX
COMMITTEES
Section 1: Fund Raising Committee
A) All Fund raising activities will be based upon a recommendation of the Fund
raising Chairman.
B) All members of the Association are required to cooperate with the fund raising
chairman to provide support and accountability for all fund raising activities.
C) The Fund Raising Chairman may appoint a committee to help with any fund
raising event as needed.
Section 2: Equipment Maintenance Committee
A) This committee shall consist of any Line Officer and two members’s appointed by the
Chief. The Equipment Maintenance Committee shall be responsible for the following:
* Insure all equipment is returned to operating condition after each alarm.
* At least once per month, survey all equipment and apparatus to be sure air bottles are
full, oil levels adequate, etc.
* At least once per year, complete a thorough inventory of equipment belonging to the
Association.
B) All members of the Association are required to cooperate with the Equipment
Maintenance Committee to accomplish their assigned duties.
Section 3: Miscellaneous Committees
Other committees may be formed, on a motion duly made and seconded by the
members of the Association and receiving an affirmative vote of the majority of the
members present at any business meeting, or appointed by the President or the Board,
to accomplish a certain task.
Article X
AMENDMENTS
This Constitution and Bylaws may be amended by two-thirds vote of the regular
membership in good standing and in attendance at a regular meeting of the Association.
Said amendment shall be presented to the Board of Directors in writing at a regular
Board of Directors meeting and shall be presented to the members at the next regular
business meeting, and shall be voted on at the following regular meeting of the
membership.
Article XI
USE OF FIRE DEPARTMENT BUILDING
Section 1: Restricted Use of Buildings:
The Fire Department Buildings shall not be used for any fund raising events except for
the benefit of the Fire Department or Ladies Auxiliary ( i.e. no other group or
organization shall be allowed to sell food, have yard sales, bake sales etc. on Fire
Department property ) unless approved by the Board of Directors. Use of the buildings
by members shall require filling out a Building Use form and signature of the responsible
person. The responsible member is required to pay a twenty five dollar ($25.00) building
use fee. The member responsible for the building and grounds shall remain present for
the duration of the use of the building.