ARTICLE I Name and Purpose

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1 CONSTITUTION AND BY-LAWS FOR THE VOLUNTEER FIRE DEPARTMENT OF THE HUGO FIRE PROTECTION DISTRICT RESOLVED, that certain rules and regulations are necessary for the good order and well-being of all associations in order to define duty, to establish discipline, and to maintain harmony, we do ordain and adopt the following Constitution and By-Laws for our regulation and government, and hereby pledge ourselves to cheerfully submit to the legally expressed will of the majority, and to support our Officers in the discharge of their duties. ARTICLE I Name and Purpose Section 1. The name of this agency shall be HUGO FIRE PROTECTION DISTRICT (HFPD) and shall consist of (up to) thirty (30) members. The HFPD, also known as Hugo Fire Department, fire department, volunteer fire department, and other general terms commonly referring to such an organization. Section 2. The real physical address for the conduct of business is to be located at: th St. Hugo, CO Section 3. The official mailing address for the use of official business is: PO Box 11 Hugo, CO Section 2. The object of the department shall be the saving of lives, and the protection of property endangered by fires and other emergencies, and to promote the teaching and practice of fire prevention and protection. Section 3. The fiscal year, terms, and reporting periods, unless otherwise defined in these bylaws, shall be January 1 st through December 31 st. ARTICLE II Leadership Section 1. The officers of this department shall consist of a board-appointed FIRE CHIEF, a department-elected ASSISTANT CHIEF, and the FIRE CHIEF-appointed positions of an ADJUTANT, an EMS CAPTAIN, and a FIRE CAPTAIN

2 Section 2. The FIRE CHIEF will be appointed by the members of the HUGO FIRE PROTECTION DISTRICT BOARD for a one-year term commencing on January 1 st and terminating on December 31 st at the regular scheduled meeting during the month of December. The members of the department will hold a nomination and a recommendation election for the office of FIRE CHIEF and submit the results of the recommendation to the FIRE BOARD prior to official appointment. Section 3. The ASSISTANT CHIEF will be nominated and chosen by ballot vote of the department members, at the regular meeting held on the first Thursday during the month of December for which the officers will serve a one-year term commencing January 1 st and terminating on the next December 31 st. Section 4. Nominations for office shall be made from the floor. After nominations have closed, a vote, by ballot, will be called and the nominee to receive the majority of the ballots shall be declared elected. In cases where three or more nominees are running for the same position and a majority could not be declared, the department members will re-vote deciding between only the two (2) nominees who initially received the most votes. Section 5. The FIRE CAPTAIN, EMS CAPTAIN, and ADJUTANT will be appointed by the FIRE CHIEF for one-year terms commencing on January 1st and terminating on December 31st at the regular schedule board meeting during the month of December. The members of the department will hold a nomination and a recommendation election for these offices and the FIRE CHIEF will consider these recommendations prior to making appointments. Section 6. The FIRE CHIEF may appoint committees, crew chiefs, non-elected officers (i.e. Training Officer, Officer-of-the-Day, Deputy), etc.; as needed, in order to affect the discharge of his/her duties. Section 7. All appointments, committees, etc. made or assigned during the year will terminate on December 31 st, if not previously dissolved, and new appointments assigned, as needed. ARTICLE III General Duties of the officers Section I. The FIRE CHIEF has ultimate authority and responsibility for the conduct, duty, performance, and maintenance of the department. The FIRE CHIEF will be the primary liaison to the DISTRICT FIRE BOARD and attend scheduled meetings to answer questions and provide information. Section 2. The ASSISTANT CHIEF shall act and have all authority of the CHIEF in his/her absence and shall do such other and further things as the department may direct. Section 3. The FIRE CAPTAIN shall act and have all authority of responsibilities assigned and will be 3 rd in chain-of-command in regards to rescue and fire response operations. The FIRE

3 CAPTAIN may act with authority of the CHIEF in the absence of the FIRE CHIEF and the ASSISTANT FIRE CHIEF. Section 4. The EMS CAPTAIN shall act and have all authority of responsibilities assigned and will be 3 rd in chain-of-command in regards to patient care and EMS operations. The EMS CAPTAIN may act with authority of the CHIEF in the absence of the FIRE CHIEF and the ASSISTANT FIRE CHIEF. Section 5. The ADJUTANT(s) have administrative responsibilities and reports to the FIRE CHIEF all accounts and records for which he/she has been assigned. Section 6. In the absence of the FIRE CHIEF and ASSISTANT CHIEF, if a conflict occurs between CAPTAINS, the CAPTAIN with senior time-in-service becomes the ranking member. In the absence of all officers, the senior time-in-service member on-scene will take charge and assume command until relieved by a more qualified person. ARTICLE IV Duties of the FIRE CHIEF Section 1. It shall be the duty of the CHIEF to be present and provide leadership at all fires and other emergencies, to the maximum extent possible, and to preside at all meetings of the department and special district; he/she shall sign all minutes, resolutions, orders and summons of the department; as well as these By-Laws and Amendments made thereto. Section 2. It shall be the duty of the FIRE CHIEF to assume full charge of all members, apparatus, and equipment, while on parade, at drills, at conventions, and at fires or other emergencies requiring the services of the department. He/she shall have the right to call upon and assign any and all members and apparatus for any purpose incidental to this office to perform reasonable service. He/she shall assume full responsibility for all fire equipment and see to its proper care and maintenance. Section 3. It shall be the duty of the CHIEF to recommend the purchase of new equipment. Capital equipment purchase recommendations and a preliminary budget are to be proposed during the January meeting. He/she shall ensure that adequate training programs are conducted in the department and shall acquaint himself/herself with all new firefighting methods by attending fire schools, drills and conferences. He/she shall recommend the purchase of suitable training manuals, textbooks and other instructional material. Section 4. He/she shall see that proper order and discipline is maintained in the department. Section 5. It shall be the duty of the CHIEF to see that a proper record is kept of all fires and other emergencies and to submit a report to the department at the next regular meeting detailing such incidents. He/she shall make such reports as is provided by law, furnishing a copy of same to the ADJUTANT.

4 Section 6. The CHIEF shall be empowered to call a special meeting of the department by notifying all members by written, telephonic, digital, or electronic means. During such meetings, no business can be transacted, which normally would be brought before the department at a regular meeting, unless two-thirds (2/3) of the department members are in attendance. ARTICLE V Duties of the ASSISTANT CHIEF Section 1. The ASSISTANT FIRE CHIEF shall be under the orders of the FIRE CHIEF, and in his/her absence shall succeed to his/her duties and authority in the order of their respective rank. ARTICLE VI Duties of the ADJUTANT Section 1. It shall be the duty of the ADJUTANT to: keep a record of all department business; a roster of all fire department personnel, qualifications, training, and attendance; and an account of the respective enterprise s finances as permitted by the FIRE BOARD. Section 2. The ADJUTANT shall call the roll when directed by the presiding officer and have the authority to collect all monies due the department and shall keep a record of the same. He/she shall pay no order or account exceeding $ without approval by department at monthly business meeting. He/she shall render a monthly report of all monies received and disbursed during the month, and submit his/her books to the department-at-large or the FIRE BOARD for inspection, upon request. Section 3. It shall be the duty of the ADJUTANT to keep a record of all fire alarms, meetings, drills and other activities of the department showing a list of those in attendance. He/she shall be in charge of all department correspondence. He/she shall transfer to his/her successor all books, paper, stocks or other collateral belonging to the department within one week after the termination of his/her office. Section 4. Upon assumption of duties, at the January regular meeting, the ADJUTANT will deliver a summary report of all monies collected and disbursed for the previous year. As well as a summary of the number and types of calls responded to by the department. ARTICLE VII Duties of CAPTAINS Section 1. The CAPTAIN officers shall be appointed by the FIRE CHIEF and will have authority as 3rd in command in regards to his/her assignment. CAPTAINS will be under the orders of the FIRE CHIEF and ASSISTANT FIRE CHIEF, and in their absence shall succeed to their duties and authority in order of their respective rank.

5 Section 2. Specifically, the EMS CAPTAIN will act and operate as having authority over all patient care decisions and EMS operations under the leadership and direction of the CHIEF and ASSISTANT CHIEF. Section 3. Specifically, the FIRE CAPTAIN will act and operate as having authority over all rescue and fire ground operations under the leadership and direction of the CHIEF and ASSISTANT CHIEF. ARTICLE VIII Duties of Member Firefighters and Discipline Section 1. All active members must perform the duties of this article in order to remain a firefighter in good standing of the department. Members not performing these duties will be subject to suspension or expulsion, as provided in this article. Section 2. All firefighters of the HUGO FIRE PROTECTION DISTRICT shall aid and assist in the preservation of life and property during an emergency within the departmental boundaries when notified by radio, telephonic, digital/electronic, or other means to the utmost of their abilities. Section 3. All firefighters shall have the utmost integrity and obey and faithfully execute the duties assigned by the ranking officer/member to the best of his/her abilities and to remain until dismissed by the officer in charge. Section 4. It is the duty of all firefighters to be honorable custodians of department assets and equipment and to ensure proper use, maintenance, care, and possession of the same. Section 5. It shall be the duty of all firefighters to attend all business and training meetings of the department. A. If member is unable to attend a meeting, he/she must inform an officer prior to the meeting in order to be excused. It is the express duty of the member to obtain a valid excuse prior to absence from a meeting. B. Any member expecting to be absent for an extended period defined as three or more meetings (training and business), shall apply to the FIRE CHIEF, in writing or by digital/electronic means, for a leave of absence. A leave of absence shall not be granted for a duration longer than six (6) months. Section 6. It shall be the duty of each firefighter to attend training courses regularly for the improvement and betterment of knowledge, skills, and quality of services provided to the community. A. A firefighter must meet the required yearly training hours established by the fire pension board in order to have a qualifying year towards the awarding of a pension. B. Credit toward annual training requirements can be earned by performance of trainings and duties outside of the department, such as EMS courses, at the discretion of the CHIEF.

6 C. It is the duty of the member to report attendance at training to the department TRAINING OFFICER. It is then the duty of the TRAINING OFFICER to record attendance and to report such to the CHIEF and other agencies which have a legitimate need. Section 7. All members shall conduct themselves in a manner which brings credit to themselves and the department. Section 8. Violations of the duties of a firefighter will subject the member to discipline, suspension, and/or expulsion. A. Such violations include, but are not limited to: a. If a member willfully disobeys the reasonable request of an officer, demonstrates gross negligence of his/her duties, or conducts him/herself in a manner which brings discredit upon the department; b. If a member appears at meetings for the department or presents him/herself for duty in a state of intoxication c. If a member knowingly makes a false claim, report, or is otherwise untruthful; d. If an unexcused member misses three (3) consecutive meetings, business or training; e. If a member divulges personal/sensitive information about department members, patients, or victims; f. If a member diverts department funds, assets, or property to his/her possession without expressed permission or knowledge of the department; g. If a member fails to report these same known violations of another member; B. The CHIEF may appoint a Discipline Committee to investigate such allegations, recommend sanctions, and report their findings to CHIEF. The CHIEF will report all findings and recommendations to the department. The members accused of violations will be given opportunity to present their case and offer explanation. Immediately following the discussion, the CHIEF will make the motion to vote for sanction, suspension, or expulsion. The motion must be seconded by a member of the department and a ballot vote conducted and counted. A two-thirds (2/3) majority in the affirmative shall be necessary for suspension or expulsion; simple majority for lesser disciplinary actions. Any member suspended shall immediately forfeit his/her pension rights for the suspension period; and any expelled member shall, in addition, immediately return all issued equipment. a. Any member who fails to attend 6 meetings (training or business), unexcused, within the fiscal/training-cycle year will be understood to have voluntarily surrendered his/her membership and will be dropped from the rolls. The CHIEF will notify the member and will ensure the return of all department property. C. If any officer or member of the department is charged with misconduct while discharging his/her duty as a firefighter, or at any function sponsored by the fire

7 department, the charges shall be made in writing, signed by the member making such charges, and filed with the ADJUTANT and FIRE CHIEF. The ADJUTANT will then furnish the accused member with a copy of the charges and permit him/her to make his/her defense before the department, which, if he/she refuses to make within one month, after having been so notified, he/she may be dismissed from the department. ARTICLE VIII Membership Section 1. Any resident of Hugo, Colorado, or residing within the service district boundaries who has attained the age of 18 years and who is in good physical condition may apply for membership in the department and will become a prospective member after receiving a favorable report from any investigating committee and a favorable vote of the members present at any regular meeting. All applications shall contain the endorsement of at least one active firefighter, the application shall be read at the first meeting of the department following date of filing, and shall not be voted upon until the next regular meeting. 1. No more than 25% of members may reside outside of the Town of Hugo s Incorporated limits. Section 2. An investigating committee may be appointed by the CHIEF to investigate the moral character and physical condition of all applicants. Their findings will be reported to the department and any member of the department who makes public these findings, upon being found guilty, may be dismissed from the department. Section 3. At the next regular meeting the findings, if any, will be reported and a vote will be conducted by voice or ballot. If the applicant receives a simple majority of "aye" votes, he/she shall be declared a prospective member of the department. Vacancies will then be filled by prospective member(s) in order of application date and they will be re-assigned to probationary member status and entered on the active rolls of the department at the first available opportunity. 1. Each new member must complete a satisfactory 6-month probationary period after which a retain or release vote will be conducted by department members. a. An affirmative retain vote will place the member on full-member status. b. An affirmative release vote will discharge the probationary member and drop him/her from the rolls of the department. Section 4. A membership certificate for each full-member will be printed and signed by the ADJUTANT and CHIEF and displayed prominently in the fire house. Section 5. In case of dismissal, expulsion, resignation, total disability, or death of an active member, the ADJUTANT shall, in writing, certify such facts to the department and other authorities who, for legal purposes, are furnished a roster of the department. Section 6. Any member whose name has been dropped from the rolls, shall deliver any property belonging to the department, which he/she may have in his/her possession, to an officer of the department. Furthermore, the cancelled membership certificate will be removed from display.

8 Section 7. A member who has qualified for retirement (20 or more qualifying years of service), upon his/her choosing to do so, will have his/her certificate marked RETIRED and it will be given to him/her. ARTICLE IX Honorary Membership Section 1. Honorary membership in the department may be conferred to a person only for outstanding service rendered to the department. Recommendations for honorary membership must be made in writing and signed by at least ten active members, unsolicited by the honoree. Said recommendations shall be read by the ADJUTANT to the department at a regular meeting and carried over until the next regular meeting, a unanimous vote being required. ARTICLE X Meetings Section 1. The regular business meetings shall be held at the Hugo Volunteer Fire Department on the first Thursday of each month at the regular time of 7:30 PM. Section 2. The training meetings of the Hugo Volunteer Fire Department shall be held on the third Thursday of each month at 7:30 PM. Section 3. Any changes to the schedule of the meetings shall be posted on the official department website: Section 4. All department meetings are mandatory for all members unless an excused absence is granted by contacting an officer prior to the meeting. Section 5. During meetings and trainings members are prohibited from: A. Consuming alcohol B. Interrupting other members C. Leaving prior to adjournment D. Being disrespectful to others ARTICLE XI Rules of Order Section 1. When the presiding officer takes the chair, all members shall take their seats in front of the presiding officer, and, upon call to order there shall be general silence. Section 2. The Order of Business shall be: A. Call to Order B. Roll Call C. Approval of Minutes of Previous Meeting

9 D. Approval of Adjutant s Report a. Balance b. Income c. Expenditures E. Acceptance of Response Reports F. Acceptance of Committee Reports - Investigative, Discipline, etc. G. Balloting of Prospective Members - Introduced at previous meeting H. Installment of New Members If opening exists I. Introduction of New Applicants J. Unfinished Business K. New Business L. Good of the Department M. Elections (December) and Appointments a. CHIEF b. ASSISTANT c. CAPTAINS d. ADJUTANT e. Special Duty Officers N. Next Regular Meeting Date/Time/Location O. Last Roll Call P. Adjournment Section 3. After each business order topic there will be time for preliminary discussion. No member should interrupt another member during preliminary discussion, except for a point of order to keep discussion on topic. After discussion has finished, a single motion to end preliminary discussion and begin formal discussion is to be made and seconded. Section 4. After a motion and a second, there will be a formal discussion period to offer amendments, with each member only speaking once and for no more than five minutes. When no further discussion is brought forth, the presiding officer will call for a vote. Section 5. When a motion is properly set before the department, it must be disposed of before another can be entertained. No motion will be subject to more than five (5) amendments. Except as otherwise specified or decided upon, a voice vote of aye for affirmative and nay for non-affirmative will be used for department actions with simple majority rules. Section 6. No member shall leave the room unless given permission by the presiding officer. Section 7. In the event general order needs to be addressed, Robert s Rules of Order shall prevail, unless the same is in direct conflict with these by-laws, in which case, the by-laws shall govern and control. ARTICLE XII Revisions and Amendments

10 Section 1. Any proposed amendment to this Constitution and By-Laws shall be presented at any regular meeting by ten members filing in writing with the ADJUTANT of the department, the amendment offered to be voted. The ADJUTANT shall read the proposed amendment and following the second reading at the next regular meeting if such amendment receives a two-third majority vote of the members present, same shall become a part of the Constitution and By- Laws. ARTICLE XIII Savings Section 1. In the event any of the Articles/Sections are repealed, modified, or altered, it is understood that the remaining Articles/Section remain in full effect. Section 2. In the event the department becomes subject to lawful oversight of a governing body, it is understood that the intent of these constitution and by-laws will remain in effect. A. It is understood that department assets will be transferred to the lawful governing body as required by statute. B. It is understood that the annual election of the FIRE CHIEF will be considered a recommendation to the governing body for appointment of the same. C. It is understood the officers will need to present to the meetings or the governing body and to execute duties assigned to them by the same. D. It is understood that the officers and members will dutifully fulfill their obligations to the department with guidance provided by the governing body. E. It is understood that a change of proper name or simple terminology does not alter the obligations of the members or officers or the intent of this governing document.