La Vernia Volunteer Fire Department

P.O. BOX 55 La Vernia, TX. 78121

BY-LAWS

EFFECTIVE: 12/04/2014

REVISED: 2011, 2014

Table of Contents

SECTION A: MISSION STATEMENT ..................................................................................................................................... 3

SECTION B: BOARD OF DIRECTORS..................................................................................................................................... 3

SECTION C: OPERATIONS OFFICERS ................................................................................................................................... 5

SECTION D: MEMBERSHIP .................................................................................................................................................. 6

SECTION E: MEETINGS ........................................................................................................................................................ 8

SECTION F: ELECTIONS/VOTING ......................................................................................................................................... 9

SECTION G: COMMITTEES ................................................................................................................................................ 10

SECTION H: DEPARTMENT PROPERTY .............................................................................................................................. 11

SECTION I: FINANCES ........................................................................................................................................................ 11

SECTION J: GENERAL / MISCELLANEOUS .......................................................................................................................... 12

SECTION K: DISSCONTINUANCE ........................................................................................................................................ 12

SECTION L: RECALL OF BOARD MEMBER ......................................................................................................................... 13

SECTION M: NEPOTISM .................................................................................................................................................... 13

SECTION A: MISSION STATEMENT

ARTICLE I: The mission of La Vernia Volunteer Fire Department will be :

a) To minimize loss of life and property while providing fire suppression and emergency first responder medical care.

b) To promote the education of fire safety and prevention. c) To initiate and promote involvement and participation with our community. d) To strive for excellence in departmental growth and performance and to honorably represent the

Department through unselfish acts of kindness.

ARTICLE II: La Vernia Volunteer Fire Department, Inc. will be referred to as hereto forth the “Department.” Wilson County Emergency Services District #1 will be referred to as hereto forth “ESD#1.” Wilson County Fire Marshal’s Office will be referred to as hereto forth “FMO”.

SECTION B: BOARD OF DIRECTORS

ARTICLE I: The Board of Directors will consist of the following positions: President, Vice President, Treasurer, Secretary, Sergeant at Arms

ARTICLE II: The Board of Directors will be elected positions by the voting membership.

ARTICLE III: The nominees to the Board of Directors will meet the following requirements:

a) Will be at least Twenty-One (21) years of age.

b) Will be an active member in good standing with the Department

ARTICLE IV: Duties of the Board of Directors

I. President

a. Conduct and preside over all Business and Board meetings b. Will sign all contracts and legal documents with approval of the Board of Directors c. Appoints all committees

d. Cast the deciding vote only when opposing sides are equally divided with the exception of

electoral voting e. During elections, the acting President has the right to vote for the candidate of

his/her choosing f. Responsible for completing the Office Administrator’s background check g. Authorize weekly spreadsheets to be submitted to ESD#1

II. Vice President

a. Perform all duties of the president in his/her absence b. Responsible for overseeing completion of audit

c. Responsible for assuming the duties of the Sergeant at Arms d. during business meetings in his/her absence e. Responsible for processing payroll

f. Responsible for member background checks III. Treasurer

a. Receive and disburse all funding of the Department b. Process payroll tax forms.

c. Prepare and present all financial reports for Business meetings and ESD#1 meetings

d. Responsible for maintaining and preparing the overall Operating Budget e. Budget to be approved by the Board of Directors and submitted to ESD#1 for final

approval. f. Keep a filing system that will be open to the Department and the public upon request in

writing g. Responsible for obtaining professional services for preparing and filing taxes h. Responsible for obtaining professional services for conducting the end of year audit and

submitting results to ESD#1

i. Responsible for reconciling bank statements

IV. Secretary

a. Take and record all business and board meeting minutes b. Conduct all correspondence and preserve all records and papers c. Will provide Webmaster with updated by-laws to be posted to the website as needed. d. Keep a filing system that will be open to the Department and the public upon request in

writing

V. Sergeant At Arms

a. Hold meetings to order b. Responsible for knowing the Department’s By-Laws, Constitution, and having a

general knowledge of “Robert’s Rules of Order”

c. Responsible for interpreting “Robert’s Rules of Order” d. Responsible for conducting “Pledge of Allegiance” and “Roll Call” and submitting roster to

Secretary

ARTICLE V: Approval of Board of Directors To get approval from the Board of Directors means that the Board of directors must vote in favor on the issue/subject at hand with at least a quorum established. A quorum means a majority of the Board of Directors.

ARTICLE VI: Terms of Office Directors shall each serve for a period of two (2) years, and terms of office shall be staggered so that; Where voting is on odd years; elections are for Vice President, Treasurer, and Chief appointment; Where voting is on even years; elections for the President, Secretary, and Sergeant At Arms; To accomplish this, at the first business meeting held under these By-Laws, two directors shall be elected to serve one (1) year terms, three (3) directors shall be elected to serve two (2) year terms.

Thereafter, successor directors shall each be elected for two (2) year terms.

ARTICLE VII: Resignation of Removal from Office

Any board member may resign, provided that any such resignation must be made in writing and delivered to the board President or Board Secretary. Unless any such resignation is, by its terms, effective on a later date, it shall be effective on delivery to such board member, and no acceptance by this board shall be required to make it effective. Any board member may be removed from office at any time, with or without cause, by majority vote of all active members present and voting at a business meeting of the department.

SECTION C: OPERATIONS OFFICERS

ARTICLE I: The Fire Chief will be appointed and Asst. Chiefs to be validated by Board of Directors.

ARTICLE II: Duties and Requirements of Operations Officers

I. Chief a. Will be appointed by the Board of Directors

b. Will be responsible for creating and presenting a Capital c. Outlay budget for needed equipment for firefighting d. operations that will be approved by the Board of Directors and submitted to

ESD#1 to be included in the annual budget e. Will have all operational command of all active First f. Responders and Junior Members g. Will appoint all Captains and Lieutenants h. Will be responsible for determining and purchasing and placement of all

equipment (See Section I. Article IV.)

i. Will be responsible for maintaining Run j. Reports and submitting to proper agencies k. Will be authorized to enter into mutual aid contracts in coordination with

ESD#1 and the FMO with the approval of the Board of Directors l. Will not reside with or be an immediate family member of an ESD#1

Commissioner

II. Assistant Chief(s)

a. Will be va l idated by the Board of Directors

SECTION D: MEMBERSHIP

ARTICLE I: Membership is open to anyone interested in furthering the cause of the Department and willing to give his/her time to for Department activities. New members must meet the following requirements to join the department:

a. Submit a completed application for membership at a regularly scheduled business

meeting and be present when presented to the general membership. b. Must agree to a criminal history check and a driver history check (if licensed) c. Any Class B misdemeanor; severity “low” conviction is reviewable by the

Board. Class B misdemeanor severity “moderate” or higher conviction will be grounds for denial of membership to the department.

d. Pending clear background check, candidate will begin the Orientation & Integration Process.

At all times all Members and Employees must meet the following requirements:

a. Must agree and follow these by-laws and all Department rules and guidelines.

ARTICLE II: Membership Categories

I. Active First Responders are those members who are at least 18 years of age or older, have signed an application, have obtained and submitted a criminal history and driver’s license check, and have been accepted by the membership and approved the board of directors. They wish to actively participate in department activities and wish to be a firefighter and/or medical first responder. After the expiration of their probation period they have full membership voting privileges. These members are required to attend training sessions. (See Section E, Article VI.)

II. Active Members are those members who are at least 18 years of age or older, have signed an application and have been accepted b y the membership a n d approved by

the Board of Directors. These members wish to actively participate in Department activities

but do not wish to be a firefighter and/or medical first responder. Since these members are not active first responders there is no requirement for them to obtain a driver’s license

check, after the initial application to the Department is accepted. However, these members

are still required to obtain a criminal history check. These members are considered to have full membership privileges after their probation period.

III. Honorary/Life Members are those individuals who have donated to the department but have never applied for membership. These members are, also, those who used to be active firefighters and/or medical first responders, but no longer participate as a first responder or active member. These members have no voting privileges.

IV. Junior Members are those personnel who are at least 16 years of age but have not yet reached their 18th birthday; they have signed an application, with a signed notarized consent of a parent or legal guardian; have been accepted by the membership and approved by the

Board of Directors. All Junior Members must maintain a passing grade in each subject of a

“C” average. All Junior Members are required to submit each report card for verification to the Fire Chief. Interim progress/grade reports will be accepted. If the Junior Member is unable to maintain at least a “C” in each subject, he or she will be suspended from all fire department activities until a passing grade is achieved on the report card. Junior Members who are suspended will be reinstated upon verification of a passing report card. The purpose of the Junior Member program is for young people to learn about fire and EMS services as a possible career goal or as a future Active First Responder. Junior Members will always be under the direct supervision of adult first responder personnel and will not be allowed to enter structure fire situations or hazardous material hot zones. They must ride in the cab area of all apparatus at all times with a seat belt fastened. Junior Members do not have any voting privileges until they have become Active First Responders or Active Members when they turn 18 years of age. Junior Members are not allowed at the station without an Active First Responder and must leave the station property and/or f i re s i tuat ion at 10:00 pm on school nights and 11:00 pm any other night. These members are required to attend training sessions. (See Section E, Article VI.)

V. Explorer; Will be a member of the LVFD Explorer Post and abide by the National Explorer Program.

ARTICLE III: Departmental Status will consist of the following :

I. Good Standing – a member is good standing is one that is not under suspension, investigation, or on probation. Must attend one (1) business meeting per quarter and two (2) training session per month (Excludes Honorary/Life Members). Violation of this will result in disciplinary action to be determined by the Board of Directors.

II. Probation:

a. New member – a member who has not completed his/her probation period. They cannot vote. They must attend all business meetings during their probat ionary per iod unless they provide a reasonable excuse to an officer. Must attend all training sessions unless they provide a reasonable excuse to an officer. At the end of the probationary period, the Board will review their performance and vote on removal of probationary status or present cause for termination to general membership. (See Section D, Article V.)

b. Disciplinary Probation – a member who is on probation as a result of disciplinary action. This member will have voting rights suspended during his/her probationary period.

III. Suspension – a member who is on suspension as a result of disciplinary action. This member will not be allowed to vote, attend any training sessions, business meetings, departmental or public functions, or respond to any calls with this department.

Leave of Absence (LOA) –A leave of absence is defined as any period longer than thirty (30) days, and will be granted if a member submits the request in writing to the Board of Directors

a. A member returning from LOA will retain previously held Departmental Status.

(Meaning; a member under probation/suspension must still complete the full or remaining terms of the disciplinary action).

b. Upon return from a medical leave of absence, a physician’s letter of consent will be required stating specific physical restrictions, if any, for the member’s re-instatement as an Active Member.

c. Medical or personal leave of absence for more than one month will require return of all Department property, including turnout and wild land gear, pager, radio and keys.

d. Any leave of absence of greater than one year will require re-application for membership upon return.

ARTICLE IV: Any current member who is charged with a Class B misdemeanor s e v e r i t y “ l o w ” crime will be reviewed by the Board. Any Class B misdemeanor severity “moderate” or higher will automatically be suspended from the department. If the member is found to be guilty and sentenced for the crime, he or she will lose their membership status. However; if the member is exonerated of all charges he/she will resume the same membership status prior to the incident.

ARTICLE V: Membership is “At Will” and can be terminated by majority vote of the membership at a business meeting. Absentee voting will not be allowed.

ARTICLE VI: Physical altercations between two or more members will result in immediate suspension of all parties involved pending an internal investigation. Investigation will be done by disciplinary committee. Membership status can be changed for any misconduct/violation of the Standard Operating Guidelines (SOG’s).

SECTION E: MEETINGS

ARTICLE I: There shall be a business meeting on the first Thursday of every month. Business meetings

will be postponed to the following Thursday in the event of a holiday.

ARTICLE II: The order of business for a general meeting shall be:

a. Pledge of Allegiance b. Opening Roll Call c. Public Comments d. Report of Previous meeting’s minutes e. Treasurer’s Report f. Officers’ Report g. Report of the Board of Directors h. Committee Reports i. Unfinished Business

j. New Business k. Vote on New Membership l. Closing Roll Call m. Adjournment

ARTICLE III: After a motion has been made and seconded, discussion will be limited to two (2), three (3) minute, periods for any person concerning the previous motion made.

ARTICLE IV: Special Meetings may be called by a majority of the Board of Directors.

ARTICLE V: Whenever possible, members will be given three (3) day notice of special meetings or seven (7) day notice of changes to meeting schedules.

ARTICLE VI: All members, after their New Member probationary period, must attend at least one (1) Business meeting every Quarter and two (2) trainings per month (Trainings are required for First Responders and Junior Members only.) Violation of this will result in disciplinary action determined by the Disciplinary Committee.

ARTICLE VII: A quorum is defined as a majority of the board of directors.

ARTICLE VII: Meetings may enter executive session with a majority vote of the quorum present to consider personnel matters and/or competitive bidding. The minutes of any executive session will be kept confidential as required by law.

SECTION F: ELECTIONS/VOTING

ARTICLE I: Elections of the Board of Directors will be held in the January Business Meeting as the first item of New Business. Each candidate will be allowed to speak on their behalf before the vote.

ARTICLE II: All voting will be conducted verbally, by show of hands, secret ballot, or absentee.

ARTICLE III: All votes for Elections will be by secret ballot only, with the exception to appointment by “Acclimation”.

a. Absentee voting will be allowed during elections only. Members who choose to vote via “Absentee Voting” will turn in votes in writing to the Nomination Committee prior to 7:00 pm (19:00) on the day of the vote.

b. An Absentee vote cannot be changed once submitted. In the event of a run off, a member’s Absentee vote will be valid throughout the run off, unless the candidate becomes dropped from the ballot.

c. Candidates are to be appointed by a majority vote.

ARTICLE IV: Run Off Election a. In the event that more than two candidates run for a position and there is not a majority, then the

candidate with the lowest amount of votes will be dropped. This process will continue until one (1)

candidate has received a majority vote.

ARTICLE V: By-Laws may only be amended by majority of the votes cast after being read at two

consecutive Business Meetings.

ARTICLE VI: All other votes, with exception to Elections, will be conducted verbally unless specified by any member present. These must have a majority vote. Absentee voting will not be allowed.

ARTICLE VII: When voting on new membership all non-voting members must leave meeting room for the

duration of discussion on voting.

SECTION G: COMMITTEES

ARTICLE I: The following standing committees will be appointed by the President:

a. Recruiting/Retention/Public Relations

b. Fundraising

c. Grievance

d. Disciplinary

ARTICLE II: Each committee may determine its own method of procedures, with exception to the Grievance Committee (See Section L), and select its own chairman, if not appointed by the President. The chairman will lead over said committee. All committees will be accountable in their actions to the Board of Directors. Each committee member must hold a status of “Good Standing” throughout the term served. A member on a committee without a status of “Good Standing” will have to resign his/her position on the committee immediately.

ARTICLE III: Disciplinary Committee will consist of a Chief, President, and Duty Captain of that

week. Duty Captain will see incidents through to resolution.

SECTION H: DEPARTMENT PROPERTY

ARTICLE I: Apparatus and equipment needed shall be purchased by the Chief and/or

Assistant Chief(s), after the approval the Board of Directors.

ARTICLE II: No person will operate any apparatus or handle any equipment belonging or contracted to the Department, unless accompanied by an Active First Responder or member of this Department. Children are absolutely not permitted in any apparatus bay or on any equipment unless accompanied by an Active First Responder or Member of the Department.

ARTICLE III: No apparatus will be hired out without the approval of the Board of

Directors and/or ESD#1.

ARTICLE IV: In the event of a call for Mutual Aid, the Department’s response area will not be left unprotected and will always have at least one piece of apparatus in service within the Department boundaries.

SECTION I: FINANCES

ARTICLE I: All funds are to be deposited into a bank account under the Department name at the recommendation of the Treasurer. The President, Vice President, Treasurer, and Office Administrator will be authorized signors on the account(s).

ARTICLE II: A Purchase Order, obtained from the Office Administrator, must accompany all expenses. All purchase orders must be authorized prior to any expenditure.

a. All Purchase Orders, which are reimbursed/funded by ESD#1, must have the authorization of the Chief, Assistant Chief(s), or any member of the Board when the amount is under $500 and two signatures when the amount exceeds $500. The expense must be a budgeted item and the amount must not exceed the remaining budgeted amount.

b. All Purchase Orders funded by the Department must have the approval of a member of the board when the amount is less than $500 and the approval of a majority of the board when the amount exceeds $500, with the exception to Section I, Article IV (emergency purchases only) or with the majority approval of the general membership during any meeting.

c. More than one member of the same household may not approve Purchase Orders. Payees of a Purchase Order may not authorize the Purchase Order.

ARTICLE III: The Department will not be obligated to pay any debts made by anyone, unless first approved by the Board of Directors and/or Chief or Assistant Chief(s) with exception of Section I, Article IV. (Emergency purchases only). Members requesting reimbursement for personal expenses will require the approval of the Board of Directors. These members are required to fill out and submit all proper paper work and original receipts prior to reimbursement. Reimbursement for travel expenses related to training must include course completion certificates and/or attendance records.

ARTICLE IV: The Chief and Assistant Chief will obtain the approval of the Board of Directors before purchasing any apparatus or equipment. The Chief and Assistant Chief have the right to make emergency purchases for parts and equipment or supplies necessary to keep the apparatus in operation. These emergency purchases will not exceed $1,000.00 for any one purchase.

ARTICLE V: The treasurer will submit a report of all funds received and dispensed and an updated budget at each business meeting.

ARTICLE VI: Restricted funds will be distributed by this Department solely for the intended use. A separate file will be created which documents the receipt and distribution of such funds.

ARTICLE VII: In no case shall cash be extracted using the Department’s ATM/Debit card.

ARTICLE VII: The Board of Directors, Operations Officers, and any other member having access to Department funds will be bonded for an amount sufficient to cover one year’s funds. Bonding will be covered under the Department’s insurance policy.

SECTION J: GENERAL / MISCELLANEOUS

ARTICLE I: Where the By-Laws do not govern, Robert’s Rules of Order Newly Revised (RONR) will be followed.

ARTICLE II: The Board of Directors and/or the Department will have 7 business days to respond to any written requests.

ARTICLE III: Any criminal activity committed on Department premises, or during the execution of duties of the Department or any crimes that may affect the Department, ESD#1, and/or citizens thereof will be reported to appropriate law enforcement officials.

SECTION K: DISSCONTINUANCE

ARTICLE I: Upon dissolution or discontinuance of the Department, the Board of Directors will, after paying all liabilities of the Department from Department funds and returning all equipment owned by the Wilson County Emergency Services District #1, dispose of the remaining assets to the Wilson County Commissioner’s Court to distribute/dispose of as required by law of the State of Texas.

SECTION L: RECALL OF BOARD MEMBER

ARTICLE I: Any board member may be recalled by a petition signed by one-half of the voting membership submitted at any business meeting. The secretary will verify eligibility of the signatures by the following business meeting. Once signatures have been verified, a majority vote of the voting membership is needed to recall a board member.

SECTION M: NEPOTISM

ARTICLE I: Members of the Board of Directors shall not be related in the first degree or a member of the same household.