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 the corporation shall be held at the principle office of this corporation 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 there shall be elected by the members, by secret ballot, a Board of Directors comprised of eight (8) members; said Board shall consist of a President, vicepresident, Secretary, Treasurer, Publicity Chairman, Chaplain, Secretary/Treasurer of the Firemen’s Relief and Pension Fund, and Chairman of the Fund Raising Committee, who shall hold office until the next ensuing annual election and thereafter until their successors are elected and qualified. No probationary, honorary or suspended member shall hold any office in the corporation during any probation or suspension period. Said annual meeting shall also transact such other business as may be properly brought before them. To such annual meeting, the Board of Directors shall make a detailed report of the business of the corporation 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 five (5) members of the Board of Directors including the President and Secretary. A notice of such special meeting shall be mailed to each member, by the Secretary, at his last known address 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. Updated 4/14/2011 Page 1 of 10 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 shall be preceded by a meal prepared by a cooking committee, as designated by the Secretary. 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 meetings 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 Chief 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; or for any training 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 corporation, 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 corporation unless the President calls an Executive Session to discuss a personnel matter. Section 7: Quorum 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. 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. 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 training hours in the preceding 12 month period will be considered inactive and will forfeit all voting rights. Once the member completes their 36 hours of training their voting rights will be reinstated at the discretion of the Board of Directors. 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 Updated 4/14/2011 Page 2 of 10 their own order to accommodate various situations. Only members of the Association shall attend the business portion of the meeting of the Association. 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 ] I) Unfinished business J) New business K) Adjournment Article IV BOARD OF DIRECTORS Section 1: Number and Term of Office There shall be eight (8) Directors who shall be elected upon the affirmative vote of a majority of the members present at the meeting of the corporation, 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. Each Director shall serve a two (2) year term. The President, Secretary, Publicity Chairman, and Chairman of the Fundraising Committee shall be elected on alternating years as the Vice-President, Treasurer, Chaplain, and Secretary/Treasurer of the Firemen’s Relief Fund. Section 2: Power of Directors The Board of Directors shall have general management and control of the business, property and affairs of the corporation, 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 corporation, 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 Updated 4/14/2011 Page 3 of 10 of the corporation 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 corporation. A report of financial status shall be made available by the Treasurer at all business meetings of the membership. The Treasurer shall deposit all corporate 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 two (2) other officers. The Treasurer shall give such bond with such security as may from time to time be designated by the Board. Section 5: Publicity Chairman The Publicity Chairman shall be considered as an officer of the corporation and shall perform such duties as may be designated by the Board. He shall be expressly charged with seeking favorable publicity for the corporation and shall keep the community fully informed as to all activities of the corporation. Section 6: Chaplain The Chaplain shall act as counselor and advisor and in particular shall promote the spiritual and physical welfare of the members and their families. He shall open all meetings of the Association with invocation of Divine blessings upon the Association. He shall deliver suitable eulogy before the Association upon the death of any of its members. He shall accept any other duties assigned by the officers of the Association. Section 7: Chairman of the Fundraising Committee The Chairman of the Fundraising Committee shall recommend to the membership all fund raising activities, and shall be solely responsible, with assistance of the Treasurer, for accountability of all fund raising activities. Section 8: Secretary/Treasurer of the Firemen’s Relief / Pension Fund The Secretary/Treasurer of the Firemen’s Relief Fund shall be responsible for receipt, reporting and disbursement of money received from the insurance department for the purpose of assisting firemen injured or disabled in the line of duty. Also along with the Secretary and Chief shall develop a list of qualified persons for participation in the Fireman’s Pension Fund as set forth in Article VII, Section 5 of these Bylaws, provided they can meet state specifications and qualifications. Section 9: Duties of Directors It shall be the responsibility of the Board, along with the Chief, to insure that the Department 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. Updated 4/14/2011 Page 4 of 10 Article VI LINE OFFICERS Section 1: Selection A) Prior to the May meeting, any member desiring to become a Line Officer of the department shall fill out and present to the Chief an application of 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, First Assistant Chief, and Second Assistant 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 corporation. The selected officers will then choose the Company officers annually from the applications as follows: First Battalion Chief Second Battalion Chief Third Battalion Chief First Captain Second Captain Third Captain Fourth Captain Fifth Captain Sixth Captain C) The 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 or Assistant Chief until having served as a Company Officer with North Lenoir Fire Department 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 Department. 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 Department for two (2) years, and must be State Certified Firefighter I, or has a minimum of five (5) years of firefighting service with North Lenoir Fire Department. If there are not enough applications to meet the above requirements, the remaining positions, if deemed necessary to fill, will be appointed by the three (3) Chief Officers. C) Any applicant for an officers position with North Lenoir Fire Department may be declined if considered unqualified for the safety of the Fire Department and its members, by the Chief and the Board of Directors. Such decisions must be documented and kept on file. Updated 4/14/2011 Page 5 of 10 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 two Assistant Chiefs 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 Corporation. D) The Chief shall have full charge of all fire apparatus and equipment. He shall desi gnate 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 corporation. 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) Any Line Officer may suspend any Firefighter for rule violations for up to seven (7) days. Suspensions for time frames over seven (7) days, up to thirty (30) days, shall be at the discretion of the Chief. Suspensions over thirty (30) days shall be approved by the board of Directors and Chief with respect to Article VIII, 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: First Assistant Chief Second Assistant Chief First arriving Battalion 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) The Line Officers shall execute such duties as may be prescribed by the Chief. E) Each of the Assistant Chiefs will have primary administrative responsibility for 2 of: Operations, Maintenance, Training, and Safety. Updated 4/14/2011 Page 6 of 10 F) Each Company Officer will have a like-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 Battalion Chief, 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 Battalion Chief should report any needed building maintenance to the Vi cePresident. 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 Corporation shall be 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. 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 road radius under extenuating circumstances. 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 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 nor paid departments. Section 2: Evidence of membership Membership in this Corporation 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. Section 4: Honorary Members and Retired Members Updated 4/14/2011 Page 7 of 10 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 member are members that have served a minimum of 20 years of service in good standing with North Lenoir Fire Protection 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 June 1st 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 Corporation’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 corporation 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, nor the scene of a fire, nor 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. Updated 4/14/2011 Page 8 of 10 H) No member shall needlessly abuse any equipment belonging to the department. members will be responsible for maintaining the equipment, station, and grounds. All 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 eight (8) 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 department 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 department 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. 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 corporation 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. Updated 4/14/2011 Page 9 of 10 Section 2: Equipment Maintenance Committee A) This committee shall consist of any Line Officer and two members 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 department. B) All members of the corporation 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 corporation 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. Updated 4/14/2011 Page 10 of 10