CECIL COUNTY Volunteer Length of Service Award Program (VLOSAP) BYLAWS

Transcription

1 CECIL COUNTY Volunteer Length of Service Award Program (VLOSAP) BYLAWS Section 1 Administrative Appendix 2 A. As permitted by Maryland Public Safety Code Ann , Cecil County, Maryland, a body corporate and politic (hereinafter, the County ) established a Volunteer Length of Service Award Program, referred to herein as VLOSAP, for qualified members of Cecil County volunteer fire departments, ambulance corps or rescue squads. B. Pursuant to the Bylaws, the County has: 1) Established eligibility requirements for certification procedures based on length of service, hours of service, training criteria and applicable hours, prior service and other criteria considered relevant by the County, based on requirements and procedures recommended by the Cecil County Firemen s Association, and; 2) Established the position of VLOSAP Liaison inclusive with the duties and responsibilities assigned to the Department of Emergency Services Director to facilitate the administration of the VLOSAP in conjunction with the VLOSAP Administrative Committee of the Cecil County Firemen s Association, and; 3) Delegated certain administrative tasks to the VLOSAP Administrative Committee of the Cecil County Firemen s Association that will facilitate the responsibilities of the VLOSAP Liaison for the County to ensure that requirements, criteria and benefits approved by the County are diligently carried out which are in the best interest of the citizens of Cecil County and of the Cecil County volunteer fire departments, ambulance corps or rescue squads, more specifically: a) The VLOSAP Administrative Committee will be comprised of one (1) representative from each of the Cecil County volunteer fire departments, ambulance corps or rescue squads, (1) representative of the Cecil County Firemen s Association, and a VLOSAP chairperson, b) A VLOSAP Administrative Committee chairperson will be appointed by the president of the Cecil County Firemen s Association, c) The VLOSAP Administrative Committee shall meet quarterly and annually with the VLOSAP Liaison for the County,, or their appointed representative, to review certification statements and supporting documents submitted to the VLOSAP Liaison by the representatives of the Cecil County volunteer fire departments, ambulance corps or rescue squads, d) The VLOSAP Administrative Committee will not entertain or consider appeals raised by a volunteer member or a Cecil County volunteer fire department, ambulance corps or rescue squad, 4) Established a VLOSAP Review Board comprised of five (5) members, representing five (5) of the nine (9) member companies, to be appointed to staggered terms by the president and 1

2 approved by the membership of the Cecil County Firemen s Association, to carry out the provisions of Section 7 of this act; a) The review board members will be appointed as follows: One member every five (5) years, one (1) member every four (4) years, one (1) member every three (3) years, one (1) member every two (2) years, one (1) member annually with the VLOSAP Administrative Committee chairperson, as the moderator with no vote and the VLOSAP Liaison for Cecil County Government serving as the facilitator, with no vote. b) A member will continue beyond the respective term until the vacancy is filled by the Association within ninety (90) days of the term s expiration. c) The VLOSAP Review Board shall meet by March 10th of each calendar year provided that the VLOSAP Liaison for Cecil County Government has received an appeal request from a volunteer member of a Cecil County volunteer fire department, ambulance corps or rescue squad, Section 2 Qualification Standards A. Volunteer Fire Department Length of Service Award Program is for qualified volunteer members of the Cecil County Volunteer Fire Departments/Companies, Ambulance Corps, or Rescue Squads, receiving contributions from the County. For the purpose of these by-laws, a volunteer member is defined as a person who has accumulated a minimum of fifty (50) points per calendar year, in accordance with the point system set forth in the Bylaws. Points shall not be transferable from one year to the next. B. Any person who has served as a volunteer member of a Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad, receiving contributions from the County, shall be eligible to receive benefits hereinafter set forth, provided that: 1) The person is certified in accordance with the provisions of the by-laws to have served as an active volunteer member subsequent to January 1, ) Any person who discontinued active volunteer service prior to January 1, 1979 may receive credit for those years of service upon completion of five (5) additional certified active years of service in accordance with the point system provisions of these by-laws, subsequent to January 1, ) Any person who has completed twenty-five (25) years of certified service and has not attained the age of fifty-five (55) is qualified. The volunteer member will become eligible for benefits upon reaching the age of fifty-five (55) provided that the volunteer member has twenty-five (25) certified years of qualified service prior to January 1, After January 1, 1984, and on or before June 30, 2008 a person must accumulate the required number of points needed to qualify. After a person is qualified and certified with twenty-five (25) years of active service, failure to remain active or to maintain 2

3 membership in a Cecil County Fire Department/Company, Ambulance Corps, or Rescue Squad, will not disqualify or otherwise affect any person from receiving benefits at the age of fifty-five (55). 4) From and after July, 2008, a member who accumulates the proper number of points needed to qualify and certify for 25 years of service may receive benefits at the age of 55 years. Section 3 Service Benefits A. From and after July 1, 2008, any person who has reached the age of fifty-five (55) and has completed a minimum of twenty-five (25) years of certified volunteer service with a Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad shall receive monthly benefit payments in the amount of three hundred dollars ($300.00) for life. Payments shall begin on the first day of the month following eligibility. Benefit eligibility will be determined by the Cecil County Firemen s Association s VLOSAP Administrative Committee and administered by the VLOSAP Liaison for Cecil County Government. Payments shall be made directly to the eligible person or spouse so entitled to such benefits in accordance with Section 3 subsection B of the Bylaws. B. An additional payment of six dollars ($6.00) per month shall be added to the benefits described in subsection A of this section for each full year of volunteer service in excess of twenty-five (25) years, providing that a maximum benefit of six hundred dollars ($600.00) per month or equivalent shall be payable to any person, except when two persons, married to each other are eligible for benefits with twenty-five (25) years or more of service each and one should die, the surviving spouse shall be entitled to fifty percent (50%) of the deceased spouse s benefits. C. In the event any volunteer fire person, ambulance corps person, or rescue squad person attains the age of seventy (70) years and fails to accumulate the required twenty five (25) years of service, the volunteer member is entitled to a monthly benefit equal to 1/25 th of the current base benefit for member s with 25 years of service credit for each year of certified active service, provided the volunteer member has a total of ten (10) years certified active service with at least five (5) of those years documented and certified after January 1, These benefits shall be payable in accordance with Section 2 subsection B of the bylaws. Section 4 Disability and Death Benefits A. In the event that a certified active member, meaning a volunteer member with at least one (1) year certified service, shall become disabled and the disability is of a permanent nature as determined and certified by any competent board such as, by way of example and not limitation, the Worker s Compensation Board, then the volunteer member is entitled to receive the benefits described in Section 2, subsection A, regardless of age or length of service, a member is eligible to receive a monthly benefit equal to 1/25 th of the current base benefit for member s with 25 years of service credit for each year of certified service. The benefits shall begin the first day of the first month following the establishment of the determination of the permanent, total disability and shall remain in effect as long as the permanent disability exists. The provisions of this subsection shall not be applicable to any volunteer member not insured 3

4 either by the County or a Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad s Workmen s Compensation and/or personal liability insurance carrier. B. C. In the event that a volunteer member shall die while receiving benefits, then the surviving spouse is entitled to benefits equal to fifty percent (50%) of the volunteer member s benefits. D. In the event that a volunteer member dies prior to receiving any benefits under this Section, the surviving spouse is entitled to benefits equal to fifty percent (50%) of the benefits the deceased is entitled to receive. These benefits shall commence upon the first day of the first month after the death of the volunteer and shall continue for the spouse s life. A qualified volunteer member is defined as one who has completed twenty-five (25) years of certified service. E. In the event that any volunteer member dies and is certified as having served twenty-five (25) years in a Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad, the surviving spouse shall be entitled to benefits under Section 2, subsection A or B, whichever is the greater.. F. In the event a certified active volunteer member dies while currently earning points, but has less than twenty-five (25) years of service, the member s spouse is entitled to a monthly benefit for the number of years of certified service completed multiplied by the amount of the per month benefit approved for VLOSAP at the time of death.. G. In the event that a volunteer member, seventy (70) years old or older, dies before he/she has achieved the required twenty-five (25) years of service, the member s spouse is entitled to benefits equal to 50% of the benefits that the deceased is entitled to receive under Section 2, Subsection C, provided the member qualified the year prior and was active the year of the member s death.. H. In the event a volunteer dies in the line of duty or is killed in the line of duty, the member s spouse shall receive a minimum of $ per month, or the amount equal to the number of years of credit service earned by the deceased member as set forth in Section 4-E. I. The benefits referred to in Section 4 subsection B through I shall commence on the first day of the first month after the death of the volunteer member and shall terminate upon the death or remarriage of the spouse. J. In the event a member of a Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad dies after having earned 25 credited years of service or more, regardless of the age of the member, the member s spouse shall receive a death benefit payment of $ 1, (one time) in addition to any monthly benefit that the spouse is entitled pursuant to Section 4. 4

5 D. Section 5 Periodic Adjustments A. Periodically, the VLOSAP Administrative Committee of the Cecil County Firemen s Association shall review benefits prescribed in the Bylaws and recommend amendments to the County. B. The VLOSAP Administrative Committee of the Cecil County Firemen s Association shall develop Bylaw amendments in conjunction with the County VLOSAP Liaison when directed by the Cecil County Firemen s Association and/or the County. Section 6 Certification A. It is the responsibility of each participating Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad to maintain detailed and accurate records for each volunteer member on forms prescribed, published, and distributed by Cecil County VLOSAP Committee. B. The VLOSAP Administrative Committee shall receive, through the chairperson, quarterly reports from each Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad no later than the 21 st day of January, April, July and October of each year, with the annual certification report due on the 21 st day of January. 1) The VLOSAP Administrative Committee will meet no later than the 21 st day of January, April, July, and October of each year to review activity reports that accompany the quarterly certification statement for compliance to the established point system contained in the by-laws, and accuracy in the calculation of points and total credit years being certified by the respective Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad, C. Beginning January 1, 1982, and each January 21 st thereafter, the Board of Directors of each Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad, shall furnish the VLOSAP Administrative Committee of the Cecil County Firemen s Association, a certification cover page, under oath, with all supporting documents, certifying all volunteer 5

6 members of the respective Department/Company, Corps or Squad, who have qualified for credit for the previous year. 1) Each certification list shall be accompanied by supporting documents that contain the volunteer member s name, date of birth, and social security number, and 2) The number of previously earned credit years, current year status and the total to be carried into the next calendar year, and 3) The statement shall have the signatures of the company s President, Secretary and VLOSAP Chairperson with the respective company s seal affixed, and 4) The statement and all supporting documents must be submitted to the chairperson of the VLOSAP Administrative Committee by the 21 st day of January of each year. 5) The chairperson of the VLOSAP Administrative Committee will certify receipt of the certification statement and supporting documents by affixing the date, time and signature in the space provided, and 6) Certification statements and supporting documents not received by the required date and time or not completed in accordance with this Section will be deemed unacceptable and cannot be considered for acceptance by the VLOSAP Administrative Committee, VLOSAP Review Board, County VLOSAP Liaison, or the County, at anytime thereafter. a. A one time extension for extenuating circumstances may be approved by the County VLOSAP Liaison, who will identify the specific date and time of the extension which must be requested through application by the respective Department/Company, Corps or Squad. 7) The VLOSAP Administrative Committee while conducting the review for the purpose of approving each member company s certification may identify administrative errors which must be corrected by the respective company s VLOSAP representative and returned by the date and time, and manner specified by the VLOSAP Administrative Committee. a) The County VLOSAP Liaison will, in writing, notify the company of the reason(s) for denying acceptance of the certification statement and/or supporting documents, within five (5) business days after submission, D. Prior to March 1 of each year, the chairperson of the VLOSAP Administrative Committee will present the certification statement and supporting documents submitted by a Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad to the VLOSAP Administrative Committee of the Cecil County Firemen s Association, and 6

7 1) The VLOSAP Administrative Committee shall review the certification lists for compliance to the established point system contained in the Bylaws, and accuracy in the calculation of points and total credit years being certified by the respective Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad, and 2) The VLOSAP Administrative Committee will approve acceptance of the submitted certification lists and supporting documents, and forward the original list to the County VLOSAP Liaison, and 3) The approved certified lists shall be posted in a conspicuous place within each Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad s building, for a period of not less than ten (10) days, ending the 21 st day of February of each year, and 4) The posting date shall be noted on all approved lists and the 21 st day of February, inclusive, shall be identified as the last date for a member to file an appeal regarding the information contained within the posted list. E. The VLOSAP Administrative Committee of the Cecil County Firemen s Association shall, by May 1 st, annually, submit to the County VLOSAP Liaison, a statement, under oath, certifying all volunteer members of the Cecil County Volunteer Fire Departments/Companies, Ambulance Corps, or Rescue Squads who have qualified for credit during the previous year and those eligible for benefits under this act, on the appropriate forms prescribed by the County. F. It shall be the responsibility of the VLOSAP Administrative Committee of the Cecil County Firemen s Association to submit a statement, under oath, to the County VLOSAP Liaison, identifying any benefits to be paid under Section 3, and Section 4, including notification of the termination of benefits to any beneficiary. Section 7 - Appeals A. A person whose name does not appear on the current certification list, or who is denied credit for the calendar year being certified, has the right to appeal. 1) The volunteer member, shall, submit in writing (Form #108) to the certifying Fire Company s Board of Directors for the year in question detailing the member s aggrieved status relating to information previously certified and posted, and 2) If a satisfactory agreement cannot be reached between the volunteer member and the certifying Board of Director s, the volunteer member shall have the right to file an appeal to the VLOSAP Review Board by submitting a completed appeal form (Form #108B) to the County VLOSAP Liaison no later than March 1 st of the calendar year; 7

8 a) A copy of the written request made to the respective board of directors must accompany the request for appeal form when submitted, b) The appellant has a right to independent legal counsel, the cost of which shall be the sole responsibility of the appellant. 3) No later than March 10 th, inclusive, the Review Board shall conduct a hearing and make a decision, a) The decision rendered by the Review Board shall be final and binding for all parties concerned, b) The County VLOSAP Liaison will notify the volunteer member and the respective Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad, in writing within five (5) business days, of the Review Board s decision. Section 8 Volunteer Length of Service Award Program (VLOSAP) Point System In order to qualify for benefits, points shall be credited to each volunteer member as follows: A. One (1) point shall be credited for every three (3) hours of attendance in recognized training courses, provided that not more than twenty-five (25) points may be credited for all training courses attended per year that are recognized by the Cecil County Firemen s Association for which a volunteer member does not receive any type of compensation through a provision of employment or otherwise, B. One (1) point shall be credited for each company, county and bi-county drill attended in its entirety, provided that not more than twenty (20) points may be credited for all drills attended per year. C. One (1) point shall be credited for each official company, state or county meeting pertaining to Cecil County Fire, Ambulance or Rescue Services attended, provided that not more than twenty-five (25) points may be credited for all meetings attended per year. D. Points may be accumulated for response to emergency calls answered by a Cecil County Volunteer Fire Department/Company, Ambulance Corps, or Rescue Squad as follows: The lesser of: Percent of Total Calls OR Number of Calls Points Awarded 5% to 14% Calls 5 points 15% to 24% Calls 10 points 25% to 34% Calls 15 points 35% to 44% Calls 20 points 45% or more 100 or more Calls 25 points 8

9 E. Twenty-five (25) points shall be credited for completion of a one (1) year term as a Committee Chairperson, appointed or elected officer in any bonafied fire, ambulance, or rescue service organization or association of Cecil County provided that not more than one (1) office shall be counted in any calendar year. Two (2) points shall be credited for each month work completed as a Temporary Committee Chairperson. F. One (1) point shall be credited for every three (3) hours of acceptable collateral duties including, but not limited to apparatus and building maintenance, official stand-by, fund raising, fire prevention duties, etc., providing that no more than twenty-five (25) points may be credited for all collateral duties performed in the credit year. G. Any volunteer member who is medically handicapped or disabled or who has reached the age of fifty (50) years or older may be credited one (1) point for every three (3) hours of acceptable collateral duties as defined in Section 8 (F) or administrative duties as defined in Section 8 (I) up to a maximum of fifty (50) points per year to qualify the volunteer member for benefits. H. A volunteer member who serves or has served full time military service in the Armed Forces of the United States shall receive credit at the rate of five (5) points for each month served, providing that not more than fifty (50) points can be credited for any calendar year. A maximum of up to four (4) years credible service may be acquired in this manner, however, should a volunteer member be in the active military service for a period greater than four (4) years as a result of national emergency or declaration of war, then the volunteer member shall be credited five (5) points per calendar month up to a maximum of fifty (50) points per calendar year for the duration of the national emergency or war. I. Administrative personnel shall be credited one (1) point for every three (3) hours of administrative work performed for the respective Cecil County Volunteer Fire Department Company, Ambulance Corps, or Rescue Squad including, but not limited to book-keeping, maintenance records, fire records, etc. No volunteer member shall receive credit for more than twenty-five (25) points under this section unless the volunteer member qualifies as described in Section 8 (G). J. If there are concurrent activities, the volunteer member shall only be credited with points for one (1) activity. Points must be earned by actual participation. K. A volunteer member must accumulate a minimum of fifty (50) points in a calendar year to receive certified credit for the respective year. No more than twenty-five (25) points can be credited for any one section of the standards identified herein. Section 9 Severability In the event that one or more of the provisions of these Bylaws shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 9

10 Volunteer Length of Service Award Program (VLOSAP) ADMINISTRATIVE ADDENDUM DEFINITION OF TERMS Appendix 2 Active - any member earning points Administrative Committee - committee consisting of the VLOSAP chairperson (appointed by the Association president), the Association Secretary, VLOSAP Liaison for Cecil County Government, and one (1) representative from each of the Cecil County Volunteer Fire Departments/Companies, Ambulance Corps, or Rescue Squads as appointed by the company represented. Certified Certified Active Concurrent Activities Jurisdiction Line of Duty Qualified Volunteer - has accumulated at least fifty (50) points as certified by the company Board of Directors each year. - has prior years credit and currently earning points - points cannot be credited for two (2) activities that occur at the same time as points earned must result from actual participation. EX: Member actively participating in fundraising event cannot receive credit for fire/ems response unless the member logs out the time of the alarm, responds and logs back in upon return to the fundraising event. - the VLOSAP credit payment, paid by the County, is for service years credited in Cecil County. Years are not transferable from other counties or jurisdictions. This VLOSAP program does not affect the Maryland Tax Credit Incentive program. - the performance of any task which qualify a member to earn VLOSAP credit points - one who has completed twenty-five (25) years of certified service. Review Board - an Association Board that handles VLOSAP appeals. The board will consist of the VLOSAP chairperson (non-voting member appointed by the Association president), five (5) members appointed by the Association president and approved by the Association. Each of the five (5) review board members must be appointed by five (5) different companies. The five members will serve staggered terms of five (5), four (4), three(3), two(2) and one(1) years. 10

11 VLOSAP - Volunteer Length of Service Awards Program, also V.L.O.S.A.P. 11