Gonzales Volunteer Fire Department

Gonzales Volunteer Fire Department
Constitution and By-Laws
Article 1. Purpose
Section 1. This department shall be known as the Gonzales Volunteer Fire Department
Section 2. The purpose of the department shall be to preserve life, property, and the environment within the City of Gonzales and other areas covered by agreements.
Article 2. Membership
Section 1. Applicable Laws
a. All active members of the Gonzales Volunteer Fire Department are subject to personnel rules adopted by the City of Gonzales.
b. All active members shall obey all traffic laws while responding to the firehouse or scene.
c. All firefighters shall follow applicable laws to the best of their knowledge and abilities on calls.
Section 2. Conduct
a. All members of the department shall show due respect to each other and members of the public at calls.
b. Any member willfully disobeying orders on a call may be subject to disciplinary action.
c. No member shall use language or conduct while on calls, during meetings, or drills that could bring disgrace on the department or city.
Section 3. Rights
a. All active members shall have the right to vote. Probationary firefighters shall not vote for officers.
b. All active members shall be covered by worker's compensation insurance paid by the City of Gonzales.
c. All active members shall be entitled to compensation and benefits adopted by the City of Gonzales.
Section 4. Duties
a. It shall be the duty of all active firefighters to respond to all alarms when able.
b. All firefighters shall remain on calls until released by the officer in charge.
Section 5. Notices
a. Any member changing phone numbers or address shall notify the dispatcher of such within 30 days.
Section 6. New Members
a. New members shall be selected subject to Personnel Rules and Regulations adopted by the City of Gonzales.
b. Membership applications shall be submitted to the executive committee. If approved, they will be forwarded to the City Manager for final action.
c. New members shall serve a probationary term of at least 6 months and no more than 1 year. When all probationary requirements are fulfilled, the Fire Chief shall forward a report so stating to the City of Gonzales for determination of termination of probationary status.
d. Probation may be terminated at any time by the 1) Fire Chief or 2) the City of Gonzales with concurrence of the Fire Chief no cause is needed.
Section 7. Attendance
a. All active members must make the percentages listed below in any calendar year or shall be reported by the dispatcher to the officers for review.
1) 75% of the meetings
2) 75% of the drills
3) 35% of calls
b. Members late to a meeting shall be subject to a fine of $1.
c. All excuses for non-attendance shall not be considered unless submitted in writing or orally to an officer prior to said event.
Section 8. Leave of Absence
a. The Fire Chief shall have the sole discretion of granting leaves of absences.
b. Any member on a leave of absence may respond to meetings, drills, or calls when available.
c. A leave of absence is needed to leave the jurisdiction for a period of more than 45 days.
d. Requests for leaves of absence shall be submitted to the Chief in writing.
e. A leave of absence may be granted for a maximum of 6 months.
f. A leave of absence may not be granted within 6 months of return from last leave of absence.
Section 9. Medical Leave of Absence
a. Any member unable to respond to calls shall be placed on medical leave of absence.
b. Any member on medical leave shall not respond to calls or participate in drills.
c. Any member on leave of absence shall be cleared by a doctor prior to return to active service.
Section 10. Administrative Leave of Absence
a. Any member not maintaining current minimum standards of training may be placed on administrative leave.
b. Members on administrative leave shall not respond to calls or carry a department pager.
c. The chief may return any member on administrative leave to active status after completion of required training or elimination of cause for leave.
d. Any member on administrative leave for six (6) months that does not complete the required training or otherwise meet department standards may be dropped from the roll.
Section 11. Retirement
a. Any firefighter that resigns after 10 years for medical reasons may be active retired.
b. Any firefighter that resigns after 10 years after age 60 may be active retired.
c. Any firefighter that resigns after 20 years may be active retired.
d. Retired members shall have all the rights and privileges as active members except for attendance at calls and drills and voting on line officers or Firefighting rules.
Section 12. Returning Members
a. Any firefighter returning after less than a year of no service shall be reinstated after completion of a membership application.
b. Any firefighter returning with less than 2 years and over one year shall be reinstated after completion of a membership application but must complete a probationary period.
c. All returning firefighters must comply with the City of Gonzales Personnel rules and regulations.
Section 13. Honorary Members
a. Any person, upon recommendation of any member, may be proposed for honorary membership.
b. The standing committee shall investigate all proposed honorary members and reports to the membership at the next regular meeting.
c. Honorary members shall be invited to all social events.
Section 14. Complaints
a. Complaints against another firefighter shall be submitted in writing to the chief.
b. Complaints against the chief shall be submitted in writing to the executive committee.
c. Complaints shall be handled in a timely manner.
d. Justified complaints shall become part of a firefighter's record.
Section 15. Discipline
a. Administrative discipline shall be administered under the direction of the Fire Chief.
b. Administrative discipline shall consist of verbal warning, written reprimand, demotion, and or termination as a firefighter.
c. Discipline should be progressive unless the cause is too severe.
d. Any discipline may be appealed to the chief then the executive committee.
e. The City of Gonzales may separate any member from service upon recommendation of the Fire Chief.
Section 16. Termination
a. The Fire Chief may terminate any member after explanation of the cause.
b. The City of Gonzales may terminate any member with concurrence of the Fire Chief.
Section 17. Use of Equipment
a. Only the Fire Chief shall grant permission for the use of the firehouse for social purposes.
b. Any fire department equipment shall be check out and in with the Fire Chief or his/her designee.
c. Every member is responsible for equipment issued by the department. Each member shall use due diligence to correctly use all department equipment.
d. Any member disfiguring or destroying property belonging to the department shall be liable for disciplinary action and penalties as the Fire Chief may decide.
Section 18. Accidents
a. Injuries on duty shall be reported to the officer in charge who will see the injury is cared for and applicable reports made.
b. Injuries off duty affecting a firefighter's ability to perform their duties shall be reported to the chief for determination of medical leave.
c. When department apparatus are involved in an accident, the officer in charge shall notify the chief as soon as possible for reporting to the city.
Article 3. Meetings
Section 1. Meeting Time and Place
The regular meetings shall take place on the first Thursday of each month at 7:30 p.m. at the firehouse, 325 Center Street. If a recognized holiday falls on that day, a special meeting may be called in the manner prescribed herein.
Section 2. Quorum
Ten active members present shall constitute a quorum. If a quorum is not present for any meeting, roll shall be called and meeting shall be adjourned.
Section 3. Rules of Order
a. Any member of the department may be heard from the floor after being recognized by the presiding officer.
b. Any member desiring recognition shall rise and address the presiding officer.
c. No member shall be allowed to speak until recognized by the presiding officer.
d. All questions shall be decided by a majority of members present.
Article 4. Elections
Section 1. Elected officers
The Volunteer Fire Chief, Assistant Chief(s), Captain(s), Dispatcher, President, Vice President, and Mascot shall be elected by a majority vote.
Section 2. Nominations
Nominations of all elective officers shall be made in May at a meeting.
Section 3. Time of Elections
Elections shall take place during June at a meeting.
Section 4. Installation
a. Officers elected in June shall take office the first of July in the year elected.
b. The city council may appoint the volunteer Fire Chief the serve as the city Fire Chief.
Section 5. Qualifications
a. Volunteer Fire Chiefs must have at least five years experience as a firefighter.
b. Captains must have at least three years experience as a firefighter.
c. Other positions must have at least one year as a firefighter.
Section 6. Term of Office
The term of office shall be as follows:
a. Volunteer Fire Chief - 5 years, Assistant chief - 3 years, Captain(s) - 2 years
b. Dispatcher, President, Vice President, and Mascot - 1 years
Section 7. Ballots
Elections shall be by secret ballot unless a majority present concurs otherwise.
Section 8. Resignations
Any officer may resign after submitting their resignation in writing at a meeting. All vacant positions shall be filled at least annually.
Article 5. Officers
Section 1. Line officers
a. Line officers shall consist of Volunteer Fire Chief, Assistant Chief(s), Captain(s), Lieutenant(s), Engineer(s), Mechanic(s), and Dispatcher.
b. The chain of command at incidents shall be as listed in section "a" above.
c. The Fire Chief shall appoint lieutenant(s), Mechanic(s), and Engineer(s) annually.
d. The Fire Chief may determine the department will have more than one assistant chief, captain, and or lieutenant.
Section 2. Social Officers
a. Social officers shall consist of President, Vice President, and Sergeant-at-arms.
b. The President shall appoint the Standing Committee and Sergeant-at-arms.
Section 3. Duties
a. The Fire Chief shall:
1. See that officers and firefighters perform respective duties,
2. Take command at all department responses when necessary,
3. Have charge and control of all property and apparatus assigned to the fire department,
4. Annually report to the City of Gonzales,
5. May, act as chair of the purchasing committee,
6. Perform other duties agreed upon with the City of Gonzales.
b. Assistant Chief(s) shall:
1. Render assistance to the Fire Chief as needed,
2. In the absence of the Fire Chief, assume those duties,
3. May serve as a member of the purchasing and/or executive committees,
4. May serve as training officer.
c. Captain(s) shall:
1. Perform duties as assigned by the Chief and assistant chief,
2. In the absence of the Chief and assistant chief, perform the duties of the chief,
3. Take command on calls as needed,
4. May serve as members of purchasing and/or executive committees.
d. Lieutenant(s) shall:
1. Perform Duties as assigned,
2. Take command on calls when called upon.
e. Mechanic(s) shall:
1. Be responsible to the Fire Chief for the proper maintenance of the fire apparatus
2. Report on the condition of apparatus at regular meetings.
f. The Dispatcher shall:
1. Receive and answer all correspondence,
2. Keep accurate records of rosters and attendance,
3. Receive and account for all department moneys,
4. Pay all bills when signed by at least two members of the standing committee,
5. Report delinquencies to the Executive committee,
6. Submit any paperwork required by the City of Gonzales.
g. The President shall:
1. Preside at all meetings and social activities of the department,
2. Enforce due observance of these Rules and Regulations,
3. Appoint inspector of ballots and announce results of elections,
4. Call special meetings as necessary or when requested in writing by five members,
5. Appoint the Standing Committee and Sergeant-at-Arms.
h. The Vice-President:
1. Shall render assistance to the President,
2. Shall act as the president when he/she is absent,
3. The Chief of the department shall act in the vice-presidents absence; the chain of command shall be followed if neither is present.
Article 6. Committees
Section 1. The Standing Committee
a. The President shall appoint the committee.
b. The committee shall inspect the dispatcher's books annually.
c. The committee shall perform duties assigned by the president.
d. The committee shall respond to births, deaths, and new members for the department.
e. The committee shall serve as the executive committee is none is appointed.
Section 2. Executive Committee
a. The Fire Chief shall appoint the committee.
b. The Standing committee shall assume their duties in the event no executive committee is appointed.
c. The committee shall consist on the Fire Chief or assistant chief and at least two appointed members.
d. The presiding officer shall be the Fire Chief or assistant chief.
e. The committee shall review all applications for membership and, if approved, forward comments to the City Manager.
f. The committee may propose changes to the Rules and Regulations.
g. The committee shall maintain acceptable attendance.
h. The committee shall review all firefighter's performance at least annually with record attached to firefighter's file.
i. The committee may act as an appeal board for disciplinary action.
j. The committee may take appropriate action, including disciple, or recommend action to the membership.
Section 3. Purchasing Committee
a. The Fire Chief may appoint the committee.
b. The committee shall make recommendations to the chief about financial matters.
c. The committee may help the chief compile the annual budget.
Section 4. Special Committees
The president may appoint firefighters as needed to special committees and serve as long as needed.
Article 7. Rules and Regulations
Section 1. Directives
Directives are written communications issued to the Fire Chief from the City Manager.
Section 2. General Orders
a. General orders are issued by the Fire Chief to the fire department.
b. A copy of all General Orders shall be provided each active firefighter.
Section 3. Rules
Rules are adopted by votes or tradition sanctioned by the membership for order within the department.
Article 8. Amendments
Section 1. No alteration or addition shall be considered unless proposed in writing at a regular meeting and laid over to the next regular meeting.
Section 2. Changes must be sanctioned by a two-thirds vote of all active members present.
Article 9. Non-Profit Status
Section 1. This association is organized for fire prevention and suppression activities.
Section 2. Upon the winding up and dissolution of this association, after paying or adequately providing for the debts and obligations of the association, the remaining assets shall be distributed to a non profit fund, foundation or association, which is organized and operated exclusively for charitable, educational, or religious and/or scientific purposes and which has established its tax-exempt status under section 501 (c) (3) of the Internal Revenue Code.
Section 3. No part of the net earnings of this association shall ever insure to or for the benefit of or be distributed to its members, trustees, officers, or other private person, except that the association shall be empowered to pay reasonable compensation for services rendered and to make payments and distribution in furtherance of the exempt purposes for which it was formed.
Section 4. Notwithstanding any other provisions of these activities, the association shall not carry on any other activities not permitted to be carried on by an association exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1954.

August 27, 2010 11:53 AM