CONSTITUTION AND BY-LAWS FOR THE MYTON CITY FIRE DEPARTMENT WHEREAS in all regulated societies certain laws and rules are adopted as necessary for the order thereof, the members of the Myton City Fire Department, for the object for which we are united, do agree to support the following for our By-Laws: Definitions: BYLAWS Department The Myton City Volunteer Fire Department. Member All persons belonging to the department. Rookie New member undergoing basic training and less than three months with the Department. Presiding Officer The ranking officer present. Quorum A majority of the total membership present. Article 1. Meeting and Elections Section 1. The regular meetings of the Department shall be held as set by the Department with a minimum of two (2) per month. Section 2. The Fire Chief shall be appointed by the Mayor with the will and consent of the City Council. The Assistant Chief shall be appointed by the Fire Chief. The election of Training Officer and Secretary/Treasurer shall be held on the evening of the second drill in the month of November. All officer positions for the Department shall be for a four year term and shall begin their term January 1 the following year. If any office is vacated during a term, an appointment shall be made by the Fire Chief and such appointed officer shall fulfill the remaining term. All officers shall be elected by ballot. A majority of votes cast shall be necessary for election. When there are three or more candidates for the same office, the one receiving the lowest number of vote shall withdraw after each ballot in the event no one candidate receives at least 51 percent of the vote. Section 3. It shall be the duty of the Chief to report to the Mayor and City Council the names of the officers that the Department has elected. Section 4. It is the duty of the Fire Chief to attend City Council meetings and report on the status of the department. Three (3) successive non-attendances at City Council meetings without a legitimate excuse will be grounds for immediate dismissal. Duties of Officers and Firefighters. Constitution and By-Laws for Myton Town Fire Department 1
Section 1. Chief - It shall be the duty of the Chief, to take charge of the department. The chief shall have certifications of Firefighter 1 and Hazmat Operations. The Chief must be a leader and a good example for everyone in the Department with outstanding qualities of integrity, honor and firm understanding of all Departmental issues. At the scene of a fire, the Chief shall take command of the situation and see that every member performs his or her duty to the overall safety of the team. The Chief shall be responsible for the administration and enforcement of the policies of the department, and ensure the department gets the appropriate training to perform the tasks of firefighting. Any member of the department becoming injured or hurt while fighting fire or going to or coming from the same, shall as soon as possible notify the Chief, who in turn shall notify the County, if it is a county fire, and shall always notify the City Recorder, in every instance, of the injury. Section 2. Assistant Chief - It shall be the duty of the Assistant Chief to assist the Chief in the discharge of duties, and in the absence of the Chief to assume responsibility for the department, and to take command at a fire or alarm of fire. Section 3. Training Officer - The Training Officer shall be responsible for a department training program and shall coordinate this with the Chief. The Training Officer shall also be responsible for the department s equipment, its maintenance and needs, and shall coordinate this with the Chief. Section 4. Secretary/Treasurer - It shall be the duty of the Secretary/Treasurer to keep records of meetings and to file training meeting records appropriately and according to Utah State Law and the Opens Meetings Act, in order to lawfully cover the Department and its performance. The treasurer shall maintain the department s bank account and take care of funding exercises. Section 5. Firefighter - It shall be the duty of a firefighter to perform those tasks assigned by the Chief, Assistant Chief or the incident commander at a fire. The firefighter shall attend all the trainings that are required; shall attend those other trainings as provided, as far as is possible; and shall diligently learn those tasks and apply them to the safety and benefit of the department and fellow firefighters, to the end that the department functions as a firefighting team. Section 6. Rookie Firefighters - It shall be the duty of Rookie Firefighters to assist the firefighters in their tasks. They shall not perform tasks in which they have not been trained. The Chief or Assistant Chief shall grant approval for tasks when the Rookie Firefighter has proved capability in training sessions, at which time it shall be made known to the Department members regarding the particular task the Rookie may perform. No Rookie Firefighter shall engage in fire attack tasks until sufficient training has been accomplished to the satisfaction of the Chief and Assistant Chief's, at which stage the Rookie shall perform as a firefighter. 2
Article II. Members Responsibilities Section 1. Prompt obedience must be given to all orders from officers/ members while on duty, disputes and arguments will not be allowed. Myton Town Policy and Procedures manual and the Standard Operating Procedures (SOP) Manual shall be followed. However, in the case of dismissal from the Fire Department, all members of the Fire Department are considered volunteers and thus that part of the manual dealing with volunteers and dismissal shall be applied. Section 2. All members shall be responsible to maintain any certification which they obtain and report their date of certification and expiration to the Training Officer. Section 3. All members are responsible to make themselves familiar with and follow any Standard Operating Procedures (SOP) and follow the Myton City Policy and Procedure Manual. One (1) copy of the SOP s, if they exist, and the Myton City Policy and Procedure Manual will be posted in the Fire Department Training Room; (1) copy of the SOP s, if they exist, and the Myton Town Policy and Procedure Manual shall be kept in the Fire Department Office; and (1) copy of the SOP s, if they exist, shall be given to the City Recorder. This copy of the SOP s will be kept at City Hall and shall be approved by the Mayor and City Council. Section 4. ANY damage to the equipment beyond reasonable wear and tear shall require any member who may have handled the equipment and may be responsible for the damage to take a drug/alcohol test as soon as the incident can be cleared and the damage documented by the appropriate authority. The officer in charge shall accompany the individual or individuals to the hospital to have the test done and file a written report of the incident. This must be done on any incident resulting in damage to equipment or vehicles or any incident that results in any injury. The City Recorder shall be immediately notified of the damage and shall be provided a copy of the written report of the incident as soon as it is prepared. Section 5. Any member that does not maintain their 40-hour per year training will be on notice and will have 30 days to remedy and reply, if no reply is given the member is subject to dismissal. Section 6. Prior to the end of the three month probationary period for new members, they must complete the following: 1. Read and sign the Constitution and By-laws as set forth by the Department. 2. Complete 2-hours of orientation in Blood Bourne Pathogens. 3. Complete Safety Management Course. 4. Complete 2 hours of report forms and incident writing. 5. Complete Emergency Vehicle Operations class. 6. Complete equipment training class. 7. Complete communications class. 8. Complete sexual harassment class. Constitution and By-Laws for Myton Town Fire Department 3
9. Complete appropriate NIMS classes. 10. Pass a Comprehensive DOT physical. Section 7. All members are expected to observe all city codes. Article III. Suspension and Dismissal Section 1. Any member, who, by his/her actions, fails to live up to the spirit and the letter of the Constitution and By-Laws, may be relieved of his/her duties until the case can be heard before the City Council. Depending on the severity of the situation, the City Council can reprimand, suspend, or immediately dismiss the member. Section 2. Refusal of any member to participate in mandatory training is grounds for suspension and/or dismissal. Section 3. Any member leaving an incident site without permission from the officer in charge shall be grounds for immediate dismissal. Section 4. There shall be no smoking or spitting of tobacco in the Fire Station, Fire Trucks or call location. All members are expected to observe Utah s Indoor Clean-Air Act. Violations will be grounds for immediate dismissal. Section 5. There shall be no alcoholic beverages, no prescription drugs used in a manner that is not prescribed, and no illegal drugs consumed in the Fire Station, Fire Vehicles and call locations. No members shall have any alcoholic beverages, prescription drugs used in a manner that is not prescribed, or illegal drugs in their system while they are on a call. These are all grounds for dismissal. Article IV Furloughs and Reinstatement Section 1. A leave of absence may be granted by Fire Department officers upon written request. The leave of absence request must include the time frame for which the members request the leave. If a person does not return within the time frame specified in the written request, they may be dismissed or placed in an alternate status for the Department. Article V Section 1. present. Order of Business at Meetings In order for official Department meetings to be held, a quorum must be Section 2. The presiding officer at official Department meetings or alarms shall be the ranking officer present. The presiding officer shall also be the officer in charge at alarms. 4
Section 3. The outline for the agenda for meetings shall be as follows: a) Taking of the Roll b) Reports of committees c) Unfinished business d) New business e) Report on drills f) Minutes approval for the previous month on the first drill of the following month Section 4. Other items may be added to the agenda each month by submitting a written request to the Chief. Article VI Section 1. Myton Fire District. Section 2. Section 3. Membership Requirements All members must be residents of the Myton Area, or live within the All members shall be a minimum of 18 years of age. All members are required to have a valid Utah State Drivers License. Section 4. All applications for membership shall be submitted to the Chief or Assistant Chief, and presented to the City Council for approval. At no time is an applicant a member of the department until the City Council approves the application. Section 5. All new members will be on probation for a period of three (3) months. All new members subject to probation shall not drive the vehicles in an emergency situation unless they have received adequate training on the vehicle. All new and existing members will be required to obtain Fire Fighter I within 18 months of being on the Department. Section 6. Maximum membership of the Myton Town Fire Department will not exceed 20 members or as set forth by the Mayor and City Council. Section 7. Background checks will be done on ALL applicants before membership is granted, all applicants shall consent to cooperate in background checks for any history of behavior which would bring the member or department into disrepute. Section 8. Mandatory drug testing shall be done on ALL new members at the beginning of the time that they start to volunteer. All members shall submit to random drug testing as outlined in the Myton Town Policies and Procedures Manual. Any dirty test or refusal to take the drug test, at any time, is basis for dismissal from the Fire Department. Section 9. Members shall not discuss any Department business, fire or EMS calls, criticize, derogatory remarks and/or behavior about another member to others in the Department, Constitution and By-Laws for Myton Town Fire Department 5
non-member or social media. Violations will be grounds for reprimand, suspension and/or dismissal. Section 10. All members shall observe the appropriate dress code. Proper attire at Department functions is mandatory. No open-toe shoes, short shorts, tank tops, low-cut blouses or revealing tops are to be worn. At no time should clothing be worn that contains inappropriate language or design (alcohol, drugs, tobacco or sexually suggestive material). Section 11. A member shall be considered inactive if attendance at meetings and alarms falls below 50%. Section 12. All members shall be able to complete the standard firefighter I fitness test at any time during membership in the Department. Article VIII. Membership Guidelines Section 1. All complaints from Members must be submitted in writing and copies provided to the Chief, Assistant Chief, and Council Member assigned to the Fire Department or Mayor. Section 2. The Fire Department shall follow the Myton Town Policies and Procedures Manual regarding ADA, Drug and Alcohol issues, and Sexual Harassment. Article IX. Section 3. All complaints will be referred to the Mayor for review. Equipment Section 1. Anyone found to have misused or abused equipment will be subject to disciplinary action, prosecution and/or termination. Section 2. A minimum and maximum number of people on trucks are: 1) Quick Response - min. is 2 personnel max. 5 2) Kenworth - min. is 2 personnel max. 5 3) 1984 GMC - min. is 2 personnel max. 3 4) 1984 Mack - min. is 1 personnel max. 2 Unless otherwise directed by the Officer in Charge. If at such time as there are three structure engines, these guidelines are only subject to change by the officer in charge. Section 3. THE DRIVER OF THE ENGINE MUST REMAIN WITH THE 6
VEHICLE AT ALL TIMES UNLESS THIS ASSIGNMENT IS CHANGED BY THE OFFICER IN CHARGE. Section 4. Upon return, it will be the responsibility of all respondents of each vehicle called out to be sure all equipment of said vehicle is in good condition and ready to respond to the next call. Section 5. All malfunctions of fire vehicles will be reported to Myton City Maintenance immediately. At no time will members of the department fix the malfunctioning vehicle themselves or cause the vehicle to be repaired without first contacting Myton City Maintenance. All repairs and parts must be approved by Myton City Maintenance. Article X. Section 1. the truck. Response Any member responding to a call must have appropriate turn-out gear on Section 2. Any member responding to a fire call where extrication equipment is used must be in full turn-out gear. Section 3. No member shall respond to a call in his or her personal vehicle unless directed by the officer in charge. When doing so, they are responsible for their own safety and assume all liability. Personal vehicles must be parked at least 600 feet away from an active call. Section 4. Any member responding to the Fire Station and responding to fire calls must abide by all State Traffic laws. Article XI. Correspondence Section 1. All mail shall be addressed to Myton Town Fire Department c/o City Hall. A Fire Department Mail basket will be provided at the City Offices. Article XII. Article XIII. Arson (Reserved) Financial Responsibility and Procedures Section 1. The Myton Volunteer Fire Department must submit its budget to the mayor and city council, for consideration in their annual budget, by May 1 each year. The tentative operating and capital budget for each department of the city must be adopted on or before the first regular meeting of the city council in June. Section 2. Any purchase made by the volunteer fire department, to be paid by the city shall require a purchase order from the City Recorder. Any large expenditure(s) over three hundred dollars ($300) must be approved by the mayor and city council. In the case of an Constitution and By-Laws for Myton Town Fire Department 7
emergency, the mayor and a council member shall be notified as soon as possible. Article XIV. Compliance Section 1. Any member not complying with the By-Laws and Constitution herein shall be subject to disciplinary action or dismissal. Fire Member Signature Fire Chief Signature Date Date Received by: City Recorder Signature Date 8