CONSTITUTION AND BY-LAWS OF THE RICHMOND FIRE DEPARTMENT

Transcription

1 CONSTITUTION AND BY-LAWS OF THE RICHMOND FIRE DEPARTMENT ADOPTED JUNE 4, 2007 WHEREAS IN ALL ORGANIZED BODIES, UNION SHOULD EXIST, IN ORDER TO INSURE PROSPERITY, AND WHEREAS THIS IS TO BE OBTAINED ONLY BY A SYSTEM OF LAW, EQUALLY BINDING UPON ALL, THEREFORE BE IT RESOLVED THAT WE THE MEMBERS OF THE RICHMOND FIRE DEPARTMENT DO ORDAIN AND ADOPT THE FOLLOWING CONSTITUTION AND BY-LAWS, EACH PLEDGING THEMSELVES TO SUPPORT THE SAME AND PERFORM ALL THE DUTIES THEREIN REQUIRED. ARTICLE I TITLE AND MISSION SEC. 1 This organization shall be known as the Richmond Fire Department. SEC. 2 Our mission is to provide a high level of service to the public and a safe community through education, codes, preparedness and response. ARTICLE II ORGANIZATION SEC. 1. The Department shall consist of full-time paid firefighters, part-time paid firefighters and volunteer firefighters. These constitution and by-laws primarily exist to govern the volunteer membership of the Richmond Fire Department. The volunteer membership shall also comply with all applicable City Policies and Procedures, Department Policies and Procedures and Policies as set forth by the Fire Chief. The department shall consist of no more volunteer members than shall be set by the Mayor and Commissioners of the City of Richmond. Page 1 of 16

2 SEC. 2. The Department shall meet for training and instruction on each Monday night with the exception of recognized Holidays. The first Monday night of each month shall be set aside for the Department s regular business meeting. SEC. 3. The first Monday night of January of each year shall be set aside for the appointment / election of officers. SEC. 4 Election procedures as follows: A. Order of election shall be as follows: Chaplain, Pumper Team Captain, Pension Board of Trustees, and Mascot. B. Procedure: 1. Nominations shall be received from the floor. 2. Vote by secret ballot. SEC. 5 The officers elected shall assume their duties immediately following the election. SEC. 6 The Chief, Assistant Chief, Captains, and Lieutenants shall receive gold badges. The Secretary-Treasurer and Mascot shall receive silver badges. SEC. 7 Members excluded from voting privilege: A. Honorary members B. Junior members C. Probationary members D. Members on leave E. Members under suspension F. Members not in good standing SEC. 8 Good standing defined: Any member who has attended 40% of the meetings and drills, 25% of the general alarms and completed 4 hours per month station shift work for the previous six- (6) month period shall be in good standing. Good standing for year-end will be calculated on the attendance from the twelve- (12) month calendar year or prorated as necessary due to leaves of absence or joining the department in mid year. The 4 hours per month station shift work requirement shall not apply to members with 20 years of service in good standing. SEC. 9 Quorum defined: fifty (50%) percent plus one of the members not excluded under Article II, Section 7 shall constitute a quorum. Page 2 of 16

3 ARTICLE III ORDER OF BUSINESS SEC. 1 Invocation SEC. 2 Pledge of Allegiance SEC. 3 Roll Call SEC. 4 Reading of Minutes of Previous Meeting SEC. 5 Treasurer s Report SEC. 6 Communications SEC. 7 Unfinished Business A. Committee reports B. Delegate reports C. Attendance report D. Training report by Training Officer E. Fire report by Chief F. Fire safety and inspection report by Fire Marshal or his designee. SEC. 8 New Business SEC. 9 Appointment of Members and/or Appointment/Election of Officers SEC. 10 Good of the Order SEC. 11 Adjournment, With Prayer Page 3 of 16

4 ARTICLE IV DEPARTMENT OFFICERS SEC. 1 The officers of this Department shall consist of full-time paid officers and volunteer member officers. The full-time paid officers shall be the Fire Chief, Assistant Fire Chief, three-(3) Shift Captains, Emergency Medical C.E. Coordinator and Station Lieutenants. The volunteer member officers shall consist of three-(3) Lieutenants and the Pension Board of Trustees. The Secretary-Treasurer, Chaplain and Pumper Team Captain may be held by full-time paid, part-time paid or volunteer members of the department that meet the requirements of that position. SEC. 2 The Senior Officer of this Department shall be the Chief, who shall be appointed by the Mayor and City Commission and reports to the City Manager. SEC. 3 The Chief shall appoint the Assistant Chief, the three-(3) Shift Captains, the Station Lieutenants, the three-(3) Volunteer Lieutenants and the Emergency Medical C.E. Coordinator as needed to fill vacancies. On the first Monday night in January the Chief shall appoint the Secretary-Treasurer. SEC. 4 The Chaplain, Pumper Team Captain and Pension Board of Trustees members shall be elected as outlined in Article II, Section 3 and Section 4. SEC. 5 Duties of the Chief and subordinate officers shall be governed by this Constitution and By-laws, City Policies and Procedures and Department Policies and Procedures which shall be strictly adhered to. SEC. 6 Eligibility for an Office: A. Volunteer Lieutenants 1. Member in good standing for three (3) consecutive years just prior to election. 2. Fulfilled requirements for Basic Certification through the State Firemen s and Fire Marshal s Association of Texas or the Texas Commission on Fire Protection. 3. Fulfilled the requirements of EMT Basic Certification through the Texas Department of Health and Richmond Fire Department standing delegation orders. B. Chaplain 1. Any Pastor, Priest, Rabbi, or member so elected. Page 4 of 16

5 C. Pumper Team Captain 1. Member in good standing for two (2) consecutive years just prior to election. D. Pension Board of Trustees 1. Volunteer member in good standing for two (2) consecutive years just prior to election. SEC. 7 Vacancy of Office A. In the event an elected office becomes vacant for any reason, election shall be at the next regular business meeting after the vacancy occurred and shall follow Article II, Section 4 and Section 5. B. Any vacancies created by the election shall also be filled during the same regular business meeting. C. Appointed Officer vacancies shall be filled by the Chief as soon as practical after the vacancy occurs. ARTICLE V MEMBERSHIP SEC. 1 There shall be two (2) classifications of volunteer membership, suppression firefighter and support firefighter. No person shall become a member of this Department unless that person be of good moral character; posses a High School Diploma or G.E.D.; or whose address be other than Richmond, Texas. The High School Diploma or G.E.D. requirement does not apply to Junior applicants, however they shall be enrolled in high school or recognized high school program and have and maintain passing grades. SEC. 2 Applicant shall not be less than sixteen (16) years of age; and shall be free of any infirmities which would prevent the performance of active service as a support or suppression firefighter. SEC. 3 Any applicant, probationary member, or member under eighteen (18) years of age shall be classified as a Junior and shall be subject to certain restrictions as specified. SEC. 4 No person over the age of 18 years 3 months, shall become a member, or remain a member of this Department, without possession of a current and valid Texas driver s license required to operate all Fire Department vehicles. Page 5 of 16

6 SEC. 5 Membership Procedures: A. Upon stating a desire to join the Department, the applicant shall complete the prescribed application forms and return them to the person designated by the department to receive the completed applications. B. A thorough background investigation of the applicant shall be conducted by the department. During the background Investigation, the applicant must attend two of the next four Business Meetings. If the applicant fails to attend the required Business Meetings, the application is voided and the applicant must wait a period of one year to reapply. If the applicant fails to satisfactorily pass the background investigation, the application is voided and the applicant must wait a minimum of three (3) years to reapply. C. Upon satisfactorily completing the background investigation and attending the two required business meetings, the applicant must pass within one month a thorough physical examination by a physician selected by the department and pass a drug screening. The one month time requirement may be extended one month if extenuating circumstances prevent the applicant from getting the required examinations. If the applicant fails to receive or to pass the physical examination the application is voided and the applicant must wait a period of one (1) year to reapply. If the applicant fails to receive or to pass the drug screen, the application is voided and the applicant must wait a minimum of three (3) years to reapply. D. Upon satisfactorily completing the physical and drug screen, the applicant must attend one-(1) of the next three-(3) Business Meetings in order to be formally accepted as a Probationary Member of the Department. The member shall be on probation for a six-(6) month period and shall meet all requirements as outlined in ARTICLE VI DUTIES OF PROBATIONARY MEMBERS. If the applicant fails to attend one (1) of the next three (3) business meetings then the application is voided the applicant must wait a period of one (1) year to reapply. E. The Probationary member shall attend and successfully complete the next available department s prescribed recruit firefighter training program. If the applicant fails to successfully complete the firefighter recruit training program as a support or suppression firefighter, the application is voided and the applicant must wait a period of one year to reapply. If the applicant is an experienced firefighter, the applicant may bypass the recruit firefighter training program by demonstrating certain proficiencies as outlined by the department. Page 6 of 16

7 F. At the regular business meeting six months after acceptance as a probationary member, the applicant shall leave the room and the Membership Committee Chairman shall make their report on the qualifications and attendance record of the applicant. If the applicant has met all the requirements of a Probationary Member, the applicant shall be formally accepted as a full member of the department. Should the probationary member have failed to meet all the requirements of a Probationary Member the person shall be rejected as a full member and must wait a period of two-(2) years to reapply. ARTICLE VI DUTIES OF PROBATIONARY MEMBERS SEC. 1 To abide by the duties of a member except as outlined below. SEC. 2 During the probationary period, the probationary member shall attend at least fifty-(50) percent of the department meetings and drills, twenty-five-(25) percent of the general alarms and complete 8 hours of station shift work each month. During the six-(6) month probationary period, there are NO excused absences from the department meetings and drills. During probation, the applicant can miss no more than one consecutive month of 8-hour station shift work. Any missed month shall be made up during the next month. Failure to do so shall result in the termination of the probationary member and the person must wait a period of two-(2) years to reapply. SEC. 3 Probationary members shall obey ALL traffic laws when responding to alarms. SEC. 4 No probationary member shall drive any apparatus to any emergency situation. SEC. 5 The probationary member shall comply with all rules and regulations of the Richmond Fire Department as set forth by this Constitution and By-laws, applicable City Policies and Procedures and Department Policies and Procedures as set forth by the Chief. SEC. 6 During the six-month probationary period, the probationary member shall obtain a current and valid Texas Driver s License of the type required to operate all Fire Department vehicles. Exception, junior members have until 3 months following their 18 th birthday to fulfill this requirement. SEC.7 Probationary members shall receive an I.D. card showing them to be probationary members of this Department; dated to expire six months from date of acceptance. If the probationary member is terminated for any reason they shall surrender the ID and any department equipment immediately. Page 7 of 16

8 ARTICLE VII DUTIES OF MEMBERS SEC. 1 To comply with all rules and regulations of the Richmond Fire Department as set forth by this Constitution and By-laws, applicable City Policies and Procedures and Department Policies and Procedures as set forth by the Chief. SEC. 2 To obey the commands of the Commanding Officer at any time the member or members are acting as firefighters or are engaged in fire department activities. SEC. 3 To maintain good standing SEC. 4 To answer an alarm as safely as possible and to assume unfilled positions as trained or as commanded by his superior officers. SEC. 5 Juniors shall obey ALL traffic laws when responding to alarms. SEC. 6 No Junior shall drive any apparatus to any emergency situation. SEC. 7 No Junior shall enter any burning structure. SEC. 8 To assist in clean up and placing all equipment in proper condition after an alarm. Anyone failing to do so will not receive credit for the alarm unless they are excused by the Officer in charge. SEC. 9 No member shall appear at any time while acting in his capacity as a member of this Department in a state of intoxication, be guilty of using improper language, or other act unbecoming of a member of this Department. All such charges shall be presented to the Chief for his action. SEC. 10 The Department shall not be liable for damage to member s or non-member s clothes at an emergency or drill. The Department shall be liable (through accident insurance) for injuries sustained at drills, fires, or emergencies. Page 8 of 16

9 ARTICLE VIII DUTIES OF OFFICERS SEC. 1 Chief A. To see that the apparatus and equipment are kept in good working order. B. He shall command the department at all fires, meetings or other department activities, and shall enforce a strict performance of duty. C. He shall see that this constitution and by-laws is properly and impartially carried out. D. He shall report monthly on fires, conduct of members, condition of the Department, and shall suggest such improvements as he may deem necessary and proper. E. He shall have the power to suspend any member for a period not to exceed six months for; insubordination, misconduct, or other act as listed under Article VII, Section 9. Should the member be dissatisfied with his suspension, the Chief shall appoint a committee of three members to review the matter. F. To appoint the following committees to serve for one year: 1. Audit committee 2. Membership committee 3. Any other committees he may deem necessary SEC. 2 Assistant Chief A. To aid the Chief in the performance of the Chiefs duties. B. To coordinate and document all departmental training. C. To assume the responsibilities of the Chief in his absence. D. The Assistant Chief shall not have the authority to exercise Article VIII, Section 1, Subsection E or Article X Section 1. Page 9 of 16

10 SEC. 3 Captains A. To aid the Assistant Chief in the performance of his duties. B. To assume the responsibilities of the Assistant Chief in his absence. C. Captains shall not have the authority to exercise Article VIII, Section 1, Subsection E or Article X Section 1. SEC. 4 Lieutenants A. To aid the Captains in the performance of their duties. B. To assume the responsibilities of the Captains in their absence.. SEC. 5 Special Command: In the absence of all the above named officers, the command will follow as set forth by the Chief. SEC. 6 Secretary-Treasurer A. To attend regular business meetings and keep accurate minutes of the proceedings of the Department, which shall be read for approval at the next regular business meeting. To report monthly on the volunteer fund. B. He shall keep all books and papers relative to his office and record all delinquencies at all meetings. C. He shall maintain copies of this constitution and by-laws. D. To notify the Department membership each month of all members who are not in good standing. E. To notify any member in writing against whom he has received formal charges as defined Article X, Section 3. SEC. 7 Pumper Team Captain A. To control the training and organization of the pumper team at practice meetings and at District and State Conventions. B. He may appoint an assistant to aid him in the performance of his duties, who will assume his responsibilities in his absence. Page 10 of 16

11 ARTICLE IX DUTIES OF COMMITTEES SEC. 1 Audit Committee A. To check all invoices, checks, and accounts of the Department. B. These audits should be made quarterly and a report thereof made by the chairman at the next regular business meeting. SEC. 2 Membership Committee A. To check all applications for membership thoroughly and report their findings to the Department. B. To see that all applicants are qualified and follow procedures as outlined in Article V. C. To encourage all members to maintain a high attendance and training record. SEC. 3 Pension Board of Trustees A. To familiarize themselves with the rules governing the pension board by the State of Texas. B. To keep accurate records of all members entering the pension system. C. To serve a two year term. D. The Chairman of the Board shall be elected by the Board itself. E. The chairman shall be responsible for all records and correspondence in regards to the pension system. Page 11 of 16

12 ARTICLE X DISCIPLINARY ACTIONS SEC. 1 The Chief shall have the power to terminate the membership of any member at anytime for the following: A. Conduct unbecoming a member of this Department. B. Providing false information on his application. C. Violation Article VII, Section 9. SEC. 2 Any member may be dropped from the membership roll for the reasons stated above and for failure to maintain good standing for two consecutive six-month periods. Any member failing to maintain good standing for two consecutive six month periods shall be placed on a six-month probation period in order to attain good standing. Failing to maintain good standing during this six-month probationary period will result in automatic termination from the department. If the member maintains good standing during the probationary period but fails to do so at the end of the twelve-month period for that year, the member will be automatically terminated from the department. SEC. 3 Charges shall be filed as follows: A. Be submitted to the Secretary in writing. B. The charges must be signed by the member(s) making the complaint. C. The charges shall be direct charges, stating time, place and conditions involved. No hear-say charges will be accepted. SEC. 4 Hearing procedure shall be as follows: A. The Secretary shall notify in writing the member charged to appear at the next regular business meeting and shall advise him of the charges against him. B. The member charged shall be present to hear the charges against him and shall then be permitted to present his defense. C. Should he neglect or refuse to appear, the Department shall take action on the premise as though the accused was present. D. Expulsion from the Department shall require a two-thirds (2/3) vote by secret ballot by a quorum present. Page 12 of 16

13 SEC. 5 Charges against an Officer: A. Charges against an Officer shall be presented to the Chief for his action. ARTICLE Xl STATE CONVENTIONS SEC. 1 To be eligible to attend the Annual State Firemen s and Fire Marshal s Association Conference and Convention, the member must be a full-time employee, parttime employee or a volunteer in good standing. SEC. 2 Delegates to the State Convention shall be appointed by the Chief. SEC. 3 The Chief shall approve the number of attendees to the State Convention. SEC. 4 All members attending the State Convention who are sponsored by the Department are required to attend all business sessions of the Convention. SEC. 5 Each member attending the State Convention in his personal car shall receive (10%) percent per mile of the going cost of gasoline at that time, to compensate his car expense to and from such convention. SEC. 6 The daily subsistence allowance shall be $24.00 for each firefighter for each day of the Convention. SEC. 7 Bills paid by the Department: 1. Registration fees. 2. One hotel or motel room for each firefighter. ARTICLE XII CONVENTIONS OTHER THAN STATE SEC. 1 Firefighters shall not receive travel allowance to these meetings. SEC. 2 The Department shall pay for meals for firefighters, their spouses, and minor children, and honorary members of the Ladies Auxiliary. Page 13 of 16

14 SEC. 3 All non-minors sponsored by the department must attend the business meeting. ARTICLE XIII EQUIPMENT FURNISHED SEC. 1 The Department shall furnish each member with various equipment and uniforms as set forth by the Chief and as available. All equipment and uniforms issued to a member are property of the Department and must be returned in the event the membership is terminated for any reason. SEC. 1 Honorary Members A. All retired firefighters ARTICLE XIV SPECIAL PROVISION B. Any person considered deserving by the Department. SEC. 2 Leave of Absence A. The Chief shall have the power to grant leaves of absence as he deems necessary. SEC. 3 Volunteer Fund A. A fund, known as the Richmond Fire Department Volunteer Fund, shall exist for the purpose of the purchase of flowers, memorials and other miscellaneous items as deemed necessary by the Chief and or membership, that are not normally purchased with city funds. B. The fund shall be maintained by an assessment on the funds issued by the City of Richmond for the purpose of reimbursement to volunteer members for calls and drills attended and from the full time firefighters. C. The amount of the assessment shall be determined by the membership annually at the November Business Meeting, based on the balance remaining in the fund and estimated future expenditures. The assessment shall not be less than Seven Dollars ($7.00) nor more than Twenty-eight Dollars ($28.00) per member. Page 14 of 16

15 D. All expenditures will be by check, signed by the Chief and one other firefighter in good standing as designated by the membership. ARTICLE XV AMENDMENTS AND SUSPENSION SEC. 1 All proposed amendments to this constitution and by-laws shall be submitted in writing to the Secretary at least one week before the Regular Business Meeting. SEC. 2 Such proposed amendments shall be read into the minutes of the Regular Business Meeting and then posted on the bulletin board until the next Regular Business Meeting. SEC. 3 At the Regular Business Meeting one month after being read into the minutes the proposed amendment shall be read again and discussed. It shall then be put to a vote, with a three-forth (3/4) vote by secret ballot of a quorum present required to adopt. SEC. 4 If the membership deems it necessary, a specific section of the constitution and by-laws may be suspended for one business meeting by a three-forth (3/4) vote by secret ballot of a quorum present required to suspend said section. The definition of a quorum shall not be suspended. ARTICLE XVI INFORMATION SEC. 1 Business of this Department shall be held in confidence and not released for public consumption except as the Chief or Department may direct. Page 15 of 16

16 ARTICLE XVII DOCUMENT PROVISIONS SEC. 1 Upon adoption all previous constitutions and by-laws adopted by this Department are declared null and void. SEC. 2 The provisions of this document are not intended to conflict with, or supersede the rules for operation of this Department as set forth by duly authorized Municipal, State or Federal Government Agencies. Page 16 of 16