SPICEWOOD VFD-EMS BY-LAWS
CONSITITUTION AND BY-LAWS OF
THE SPICEWOOD VOLUNTEER FIRE DEPARTMENT-EMERGENCY
MEDICAL SERVICE, INC.
Whereas, Certain Laws and Regulations are necessary for good order and well being of all associations, in order to define duty, to establish discipline, the maintenance of harmony for the full promotion of the object for which we are associated together, we do ordain and adopt the following Constitution and By-Laws for our regulation and government, and do 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.
The name of this department shall be Spicewood Volunteer Fire Department-Emergency Medical Service, Inc. (SVFD-EMS).
Section 2. The objectives of the Department shall be (in priority order) 1) saving lives, 2) stabilizing emergency situations, 3) the protection of property endangered by fire and other disasters, and 4) to promote the instruction and practice of fire prevention and life and property protection.
Section 3. Upon dissolution of the non-profit Corporation, the Spicewood VFD-EMS, Inc. assets shall be distributed for one or more exempt purposes within the meaning of section 501c (4) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for public purpose. Any such assets not disposed of by a court of competent jurisdiction in the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization or organizations, as such a court shall determine, which are organized and operated or exclusively for such purposes.
Officer Positions and Elections
Section 1. The Officers of this Department shall consist of a President, Vice President, Secretary/ Treasurer, Fire Chief, Emergency Medical Services (EMS) Director, Assistant Fire Chief, and a Assistant EMS Director.
Section 2. A person may hold only one office at a time. Officers shall be elected annually at the August business meeting and take office on October 1 in order to coincide with the Department’s fiscal year calendar. This election cycle is intended to provide the Officers-elect an opportunity to participate in budget planning for the upcoming fiscal year and facilitate an orderly transition of incoming officers.
Section 3. All voting will be simple majority of the members present. Voting can be by secret ballot or by show of hands, at the Department’s discretion.
Section 4. In order to be nominated, nominate a member or vote for nominated members for office, a member must have attended six Business meetings in the 12 months preceding the election, three of which must be within the six months preceding the election.
Any member who has excused absents (out of town working, family member ill and the member being ill) may be eliminated from this rule by the discretion of the officers. 12/2018
Section 5. Any member suspended, or on suspension for a period of greater than three months for major violations of the departments policies, guidelines, Constitution and By-laws is not eligible to be nominated or elected for any elected officer position while on suspension, or at the next election cycle.
Section 6. Only elected officers may vote at officer meetings. In the event of a tie in officer voting, the President acts as the tiebreaker.
Section 7. If an officer is no longer able or willing to continue in the officer capacity (including suspension), the President will appoint an interim replacement and schedule a special membership election at the next business meeting to nominate and elect a permanent replacement.
Section 1. It shall be the duty of the President to preside at all meetings of the Department, he shall sign all minutes, resolutions, orders and summons of the Department, as well as these By-Laws and Amendments thereto. He shall appoint all committees and specially assigned members/personnel not otherwise provided for.
a.Any officer of the Department may call for an officers meeting.
Section 2. The First Vice President shall act and have all authority of the President, in his absence.
Section 3. It shall be the duty of the Secretary/Treasurer to keep a record of all Department business and a roster of all Department personnel. It shall be the duty of the Secretary/Treasurer to keep a record of all alarms, meetings, drills, and other activities of the Department showing a list of those in attendance. He/she shall be responsible for all Department correspondence. He shall transfer all books, papers, stocks or other collateral belonging to the Department within one week after the termination of his/her office.
It shall be the duty of the Secretary/Treasurer to keep an account of the Department’s finances. He/she shall have the authority to collect all monies due the Department and shall keep a record of the same. He/she shall render a monthly report, at the regular monthly business meeting, of all monies received and disbursed during the previous month, and submit his/her books to the proper committee for inspection at least one week before the annual meeting. He/she shall transfer to his successor all books, papers, stocks or other collateral belonging to the Department within one week after the termination of his/her office.
After the first of each fiscal year there shall be a review with the officers on the Secretary/Treasurer Books. In addition a review shall be done any time the Secretary/Treasurer’s position changes or any time the officers see a cause for such review.
Section 4. It shall be the duty of the Fire Chief to assume full charge of all members, apparatus, and equipment, while on parade, at drill, at conventions, and at fires or other emergencies requiring the services of the Department, with the exception of medical emergencies. He/she shall have the right to call out any and all members and apparatus for any purpose incidental of this office. He/she shall assume full responsibility for all fire equipment and see to its proper care and maintenance. He/she shall see that proper discipline is maintained in the Department.
It shall be the duty of the Fire Chief to see that a proper record is kept of all fires, the hour and date, the type of occupancy, the name of the owner or tenant, the type of building construction, where the fire originated, the extent of its spread and how it was extinguished. If required, a fire investigation shall be delegated to qualified individuals within the command staff or another agency with qualified investigators. He/she shall make such reports as is provided by law, furnishing a copy of the same to the Secretary/Treasurer.
The Fire Chief shall appoint the following staff/company officers: Training Officer, Maintenance Supervisor, Captains and Lieutenants as necessary. These Officers shall be appointed by the September business meeting in order to commence duties in October.
The appointed Officers must have attended six Business meetings in the 12 months preceding the August election, three of which must be within the six months preceding the August election.
He shall appoint one of his appointed company officers or another member to enter fire reports to appropriate online websites (e.g. FEMA, county, state of Texas, Emergency Reporting System, Emergency Services District)
It shall be the duty of the Fire Chief to see that periodic inspections of the public and commercial buildings in the area be made for purpose of furnishing the members of the Department with the necessary information to provide improved fire fighting practices. And he/she shall do such other and further things as the Department may direct.
Section 5. The Assistant Fire Chief, shall be under the order of the Fire Chief, and in the absence of the Fire Chief shall succeed to his/her duties and authority in the order of their respective rank.
Section 6. It shall be the duty of the EMS Director to assume full charge of all members, apparatus used for patient care, and equipment at all EMS related emergencies. He/she shall assume full responsibilities for all EMS equipment and see to its proper care and maintenance. He/she shall have the authority to call out any and all members and apparatus for any purpose incidental to this office.
It shall be the duty of the EMS Director to see that a record is kept of all EMS related emergencies, as to the nature of the call, names of patients, date and time of call, names of responders, and disposition of emergency. He/she shall make such reports as is provided by law, furnishing a copy of the same to the Secretary/Treasurer.
Section 7. The Assistant EMS Director, shall be under the order of the EMS Director, and in his/her absence shall succeed to his/her duties and authority in the order of their respective rank.
Section 8. In the event of emergencies requiring both Fire and EMS personnel, the Fire Chief and EMS Director shall cooperate fully and coordinate activities in the best interest of attaining the objectives of the Department.
Membership and Member Responsibilities
Section 1. SFVD-EMS membership is a voluntary commitment to the noble objectives of the organization. As such, volunteer members are expected to participate in activities that support fulfillment of the SFVD-EMS mission. This includes, but is not limited to, attending emergency services training, responding to calls for emergency services for which they are qualified, supporting apparatus and facility maintenance, and supporting fundraising events. While such a commitment is not intended to be onerous, members are expected to demonstrate a pattern of participation. To that end, this article sets forth the minimum requirements to obtain and maintain active membership.
Anyone who has attained the age of 18 years old, lives in the Spicewood area, and who is in adequate physical condition for their expected role in the Department (e.g. firefighter, Emergency Medical Technician, First Responders, Support Staff) may apply for membership in the Department and will become a member after attending two consecutive business meetings, passing a criminal background check, and receiving a favorable vote of members present at any regular business meeting.
Any person with a felony or Class A, B, or C misdemeanor conviction will have eligibility decided by the present officers. If approved by the officers of the department then the department’s membership will still have a vote at the second business meeting.
Section 2. Upon becoming a member of SVFD-EMS, all new members will read and sign the SVFD-EMS Code of Ethics and Conduct. All members will read and sign the SVFD-EMS Code of Ethics and Conduct annually during January.
Section 3. All members must maintain a valid and active (not suspended) driver’s license and personal vehicle insurance.
Section 4. Any member who is absent without an authorized absence from three consecutive Business Meetings, EMS Meetings, or fire training can be dismissed from the Department at the discretion of the board of voting officers with a majority vote.
Members may obtain an authorized absence from the President, Fire Chief, Assistant Fire Chief, EMS Director, or Assistant EMS Director. Authorized absences may be obtained through verbal, written, or electronic means (e.g. email or telephone text).
Section 5. In case of dismissal, expulsion, resignation, total disability, or death of an active member, the Secretary/Treasurer shall, in writing, certify such fact to the next meeting and other authorities who, for legal purposes are furnished a roster of the Department.
All resignations shall be submitted in writing to the Secretary/Treasurer stating such facts. Any member whose name has been dropped from the roll shall deliver all property belonging to the Department, which he/she may have in his/her possession, to the Secretary/Treasurer of the Department within 10 business days.
Section 6. In the event of negligence of duties, lack of discipline (e.g. disregarding an incident commander’s order), or a violation of the code of conduct, a member shall be brought to the board of officers for appropriate action, including suspension or dismissal. It is the right of the member to present an explanation or defense for his/her actions. A majority vote from the officers present is required to sanction the action.
Section 7. Honorary membership in the Department may be conferred on 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. Recommendations shall be read by the Secretary/Treasurer to the Department at a regular meeting. An honorary membership will be conferred by a vote of three-fourths of the members present affirming the honorary membership.
Section 1. The finance Committee is a standing committee, which shall be appointed by the President to serve a term of one year. The members and the president shall constitute this committee. The Secretary/Treasurer shall serve as chairman of this committee.
Section 2. It shall be the duty of the finance Committee to check all finances, payments, dues, assessments, and fund raising campaigns for the Department.
Section 3. The finance Committee shall have the authority to make expenditures necessary for emergency repair to any fire unit, piece of equipment or the fire hall. Emergency repairs which are needed to keep any fire unit, piece of equipment, or the fire hall in operable condition or to prevent further damage. Expenditures for any reason other than the above mentioned are to be presented at a regular business meeting for approval before any expenditure is made.
Constitution and By-Law Changes
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 Secretary/Treasurer of the Department, the amendment offered for a membership vote. The Secretary/Treasurer shall read the proposed amendment and following the second reading at the next regular meeting if such amendment receives a two-thirds majority vote of the members present, it shall become a part of this Constitution and By-Laws.
As of 1/2019