INDEX FOR BYLAWS
Name & Purpose of Company pg. 2
Board of Directors pg. 3
Duties of Officers pg. 5
Qualifications for Membership pg. 12
Duties of Members pg. 14
Meetings pg. 17
Committees pg. 19
Election of Officers pg. 22
Bylaw Amendments pg. 24
Dissolution Statement pg. 25
NAME AND PURPOSE OF COMPANY
Section 1: The name of this company shall be the Kenhorst Volunteer Fire Company #1 (hereinafter referred to as the company) with its address at 411 South Kenhorst Blvd. Kenhorst PA 19607.
Section 2: The purpose of this company shall be to aid in the support of an apparatus department to effectively serve the emergency needs of the Borough of Kenhorst and its environs; to promote understanding and attentiveness to fire protection methods and emergency procedures within the community; to promote fellowship among its members; to provide a place and facilities for entertainment and amusement for its members and to work for the welfare of the community.
BOARD OF DIRECTORS
Section 1: The Board of Directors shall consist of the President, Vice President, Recording Secretary, Treasurer, Financial Secretary, Membership Secretary, Fire Chief, Deputy Fire Chief, Assistant Fire Chief, and five Trustees.
Section 2: They, as a board, shall meet quarterly or as needed at a time fixed by the President, on a date other than the date of the regular monthly meeting. A quorum shall consist of 2/3 of the board members. The majority of the Board of Directors present shall have full charge of the business of the company.
Section 3: It shall be the duty and absolute power and authority of the Board of Directors to have general supervision of the property, real estate, personal or mixed of the company and see that the same is properly cared for and in all matters connected with the property of the organization. They shall see that its interests are fully protected, mortgages and other property coming into the company possession for the sole use and benefit of the company, and they shall perform and exercise such duties as are further prescribed herein; except for the duties outlined for the Trustees.
Section 4: Any director who can not attend an applicable scheduled meeting of the company shall notify the President in some form the reason for their absence.
Section 5: Any director that is absent from three scheduled meetings, (excused absence accepted), refuses or fails to perform the duties of that office, accused of misconduct or misappropriation of funds shall be brought to the attention of the Board of Directors by a general member. The Board of Directors shall then make a recommendation whether said director should be removed, fined or suspended from office to the general membership.
Section6: The Board of Directors shall see that all monies derived from all sources are fully accounted for.
Section7: The Board of Directors shall formulate a complete set of house rules, which shall be posted in the club.
DUTIES OF OFFICERS
Section 1: Duties of the President
The President shall:
A: Be the chairman of the Board of Directors and shall preside at all meetings of the organization, shall preserve order and decorum, inflict penalties, and enforce by-laws. Shall decide on questions of order, subject to an appeal, shall have the casting vote on all questions when both sides are equally divided, except in case of election of officers.
B: Sign all orders drawn on the treasury by order of the company for the payment of money, and countersign all checks for the payment of orders drawn. In no case, shall the President grant orders for payment of bills unless bills are presented showing the date of purchase, by whom purchase was made, and have bills verified and checked by officers authorized to make such purchases; with the exception of purchases required for normal day to day operation of business. Shall sign all notices or certificates requiring the President’s signature.
C: Appoint all committees and shall be non voting ex-officio of all committees and board of Trustees.
D: With the approval of the Board of Directors, obtain legal counsel for matters of legal nature pertaining to transfer of property, rental of property, insurance, bylaw changes, large money transactions, bidding for construction or repairs, and have legal counsel at meetings when possible or advisable.
E: At the December meeting appoint three tellers to conduct election of officers, the first of which shall act as judge and announce the results to the President who then shall authorize the Recording Secretary to declare the same to the company.
Section 2: Duties of the Vice President
The Vice President shall:
A: Assist the President in preserving order and decorum at meetings of the company and in the President’s absence, perform those duties.
B: Be chairman of the Charge Committee and shall carry out any duties hereinafter set forth under duties of the Charge Committee.
C: Not be authorized to sign checks drawn on the company.
Section 3: Duties of the Recording Secretary
The Recording Secretary shall:
A: Keep accurate minutes and attendance of the proceedings of all meetings of the company provided for that purpose.
B: Attest all orders drawn on the company, and perform such duties from time to time as enjoined by the company.
C: Receive and preserve all records and papers relating to the company and guard same and suffer none to be taken from the Recording Secretary’s keeping without a vote of the company. The books shall at all times be open for examination of membership. In case the Recording Secretary cannot attend, must send in the books and papers necessary for the meeting to open on time.
D: Sign all checks drawn on the company in the absence of the President or Treasurer.
E: Be entrusted with the charter and all other important documents belonging to the company.
Section 4: Duties of Financial Secretary
The Financial Secretary shall:
A: Receive all money due or belonging to the company and all funds from dues, fines, penalties, proceeds from refreshments, food, amusements, entertainment and proceeds from all real and personal property. These funds shall be held in the general fund or savings account. Shall keep account of all funds using a good banking institution as a depository for all monies in the company’s name. Shall provide receipts due same for Treasurer and report same at membership meetings.
B: Have the small games of chance monies held in a special checking account and accounted for by using a good banking institution as a depository. Shall also provide receipt due same for the Treasurer.
Section 5: Duties of the Treasurer
The Treasurer shall:
A: The Treasurer shall receive from the Financial Secretary and Trustees receipts for all money belonging to the company, withdrawing none of the company’s money except by using the company check signed by the Treasurer and the President or Recording Secretary. The Treasurer is to pay orders properly drawn by the President and attested to by the chairman of the Trustees. Shall have a monthly report at the general membership meeting of the company. Shall have accounts ready for inspection by auditors.
Section 6: Duties of the Membership Secretary
The Membership Secretary shall:
A: Responsible for maintenance of the membership rolls of the company and after each monthly meeting shall print out the necessary pages to update the company membership book.
B: Shall be chairman of Investigating Committee.
C: Report at the monthly meeting all applications for membership. Applications that were approved, rejected and/or who do not appear for their interview before the Investigating Committee.
D: In charge of seeing all applicable fees are returned to proposed members for not meeting the requirements as stated in section 4 of Qualifications for membership.
E: Shall have the yearly membership cards available by November 1st.
Section 7: Duties of the Fire Chief
The Fire Chief shall:
A: Have full charge of all calls, the workings of the company’s fire equipment, all personnel and general up keep of the
B: Be responsible to report all calls and financial condition of the fire department to the company at the regular monthly meeting.
C: Approve any member desiring to be active with the truck crew and report to the body any member neglecting their duties.
D: Have the same spending authority as the Trustees in regards to the operations of the fire department.
E: The Deputy and Assistant Fire Chief shall
assist in such duties as assigned to them by the Fire Chief.
Section 8: Duties of the Deputy and Assistant Fire Chief
The Deputy and Assistant Fire Chief shall:
A: In the absence of the Fire Chief, or the inability of the Fire Chief to fulfill his duties due to incapacitation, and with respect to activities that cannot reasonably await the ability of the Fire Chief to address the Deputy is empowered to act as Fire Chief. In the absence of the Chief and the Deputy the Assistant shall perform all their duties.
Section 9: Duties of the Trustees
The Board of Trustees shall:
A: Organize prior to January 1st, shall elect a Chairman and Secretary and designate the responsibilities for each Trustee to be announced at the January membership meeting. The Secretary shall keep minutes of their proceedings and report at each stated meeting of the company, which report must be in writing. The chairman shall issue orders to employees of the company. In the absence of the chairman, or the inability of the chairman to fulfill his duties due to incapacitation, and with respect to activities that cannot reasonably await the ability of the chairman to address the Secretary is empowered to act as the chairman, and in the Secretary’s absence, a Trustee shall act as chairman. In the event of the absence of all the Trustees, there shall be some elected officer to act for the chairman.
B: Have responsibility of the daily operations of the company property, and see it is kept in good order and repair. Have the house opened, warmed, and cleaned for the use of the company, and see that all members conduct themselves in an orderly manner while about the house in accordance with the by-laws.
C: Do all the purchasing in regards to the daily operations of the company A receipt must be attained for all purchases. Approve all bills for the same, authorizing the payment of discount bills when due, and such other duties as requested by the Board of Directors.
D: Have the spending authority for the normal operations of the company. Any onetime purchase of $750.00 or more must be approved by the company, except in cases of emergency repairs.
E: Approve all bookings for the company’s hall or property.
F: Track and dispense to the financial secretary all small games all chance proceeds.
Section 10: At the expiration of their term in office, all officers shall hand over to their successor all books, papers, keys, etc. belonging to the company.
QUALIFICATIONS FOR MEMBERSHIP
Section 1: A person wishing to join the company must be at least 21 years of age and of good moral character. The application fee will be determined by a vote of the membership. The application fee can only be changed at the August membership meeting.
Section 2: A person wishing to become a member of the company must be proposed by a member in good standing on a card provided for that purpose. The card must have applicant’s name, address, telephone number, date of birth, occupation, and name of member proposing applicant. The application shall be turned over to the Membership Secretary. All prospective members must present themselves to a member of the Investigating Committee at the social quarters on a date and time agreed upon by the applicant and a committee member. The committee will make a minimum of 2 attempts to schedule an interview. Failure to keep the scheduled appointment, without advance notification and just cause, will result in an automatic rejection of the candidate for membership in the company and will be so noted in the minutes of the next monthly company meeting. Cancellation of appointments for just cause will only be acceptable once. If second meeting must also be canceled then applicant will be rejected. Once applicant meets with the Investigating Committee and the report is favorable, applicant shall be balloted for at the next regular monthly meeting. If applicant does not receive three or more negative votes, then applicant shall be declared duly elected.
Section 3: Should an applicant be rejected for failure to appear for an interview after being notified, their application fee shall not be refunded and shall not be eligible for membership consideration for a period of six (6) months thereafter or admittance to company property.
Section 4: Should an applicant be rejected by the body at the regular monthly meeting they will receive a letter stating they were rejected and their application fee can be picked up at the fire company within 30 days. Applicant shall not be eligible for membership consideration for a period of six (6) months thereafter or admittance to company property.
Section 5: Life membership cards shall be issued to all members having completed 30 consecutive years of membership.
Section 6: Membership applications approved at the November and December’s meeting will receive cards for the following year.
Section 7: Members of the Kenhorst Fire Company Ladies Auxiliary shall receive full bar privileges in the social quarters.
Section 8: Active fire company members from other fire companies shall have full bar privileges in our social quarters.
DUTIES OF MEMBERS
Section 1: Membership dues shall be established by membership. The membership dues can only be changed at the August membership meeting. Dues shall be paid on or before March 1 of current year. Any member who fails to pay dues by due date shall be required to reapply for membership.
Section 2: It shall be the duty of all members attending the monthly general membership meeting to sign the attendance book prior to the approval of the minutes from the previous meeting. Any member not signed in will not have a voice or vote at the meeting.
Section 3: To be eligible to vote for officers, a member must have attended at least three monthly general membership meetings between December 1st of the previous year and November 30th of the current year. A voter eligible list shall be posted in the Social Quarters and Firehouse for a period of (2) weeks prior to the election. Election shall be held in the ballroom, at the regular monthly meeting in December.
Section 4: A member of the Company, who has met voting eligibility, may receive an absentee ballot when unable to attend the December meeting. A valid reason must be approved by the President at lease 2 weeks prior to election. All absentee ballots must be cast no less than 1 week prior to election. All absentee ballots will be kept in a sealed envelope and counted with ballots cast at election. Absentee voter shall not have a vote on any unfilled ballot position or on any tied vote runoff.
Section 5: Whenever the President calls for a hand or ballot vote on an issue members must have attended 3 or more monthly general membership meeting in the previous 12 months, not counting the voting month, to be eligible to vote.
Section 6: Anyone wishing to run for office must be a member in good standing for at least one year.
Section 7: It shall be the duty of each and every member who desires to respond on emergency calls to receive training and be approved by the Fire Chief. Proposed applicant shall be considered a probationary firefighter until approved for general membership.
Section 8: All charges made by a member must be in writing and signed by the accuser and turned over to the Charge Committee within 14 days of the incident.
Section 9: A member may be fined, suspended, or expelled for the following:
Disorderly conduct at a meeting
Destroying or defacing company property
Disorderly conduct in or about the premises
Disobeying any rules adopted by the company
Making any unnecessary dirt or disorder in or about the premises
Using profane or indecent language, or maliciously degrading another member’s religion
Knowingly making slanderous or false statements at a general membership meeting.
Informing any person, not a member of the company, of any personal or other remarks on any business made or transacted or to be transacted at a meeting
Cheating or stealing from anyone or the company
For riotous conduct at fires, in and or around the premises, or on the occasions of a parade or entertainment given by the company.
For physically or verbally assaulting any person or persons on fire company property.
Any acts detrimental to the welfare of the company
Section 10: A member who is delinquent for fines or debt of any kind, who, after being notified of the indebtedness by the Financial Secretary and after two months notice of the same, shall be declared expelled by the President.
Section 11: A member who violates any of the above rules may be immediately suspended by a member of the Board of Directors. A detailed written report of this incident shall be given to the charge committee within 14 days of the occurrence of the incident. The charge committee shall follow normal procedures when charges are brought. The member shall remain suspended until the company votes on the charge committee’s recommendation.
Section 12: A member cannot participate in the recommendation of a fine or suspension of the member so charged by that member.
Section 1: Regular monthly meetings, of the company shall be held the 2nd Monday of every month beginning at 7:30 pm, in the ballroom of the company, unless otherwise ordered by the Board of Directors or the President.
Section 2: A quorum shall constitute eleven (11) members. If a quorum is not present, no business shall be transacted until such time as a quorum is present.
Section 3: To get credit for a meeting, a member must be Present from the time they sign in to adjournment. If the firefighters get called out to an emergency during the meeting they still get counted as being present.
Section 4: Order of business:
Salute to Flag
Roll call of Officers
Reading of minutes of previous meeting
Report of Financial Secretary
Report of Treasurer
Report of Trustees
Report of Fire Chief
Report of Fire Department Finances
Report of Board of Directors
Report of Membership Secretary
1. New applications for membership
2. Vote for new members
Report of Committees
Communications and Announcements
Good and Welfare
Motion to Adjourn
Section 5: Any motion approved or rejected can not be reconsidered for a period of six months.
Section 6: Robert’s rules of order shall be referenced at any company meeting whenever applicable.
Section 7: A special meeting can be called by the President or at the request of 15 members, stating the purpose of the meeting in writing, and no other business can be transacted but such as the meeting is called for. Members shall be duly notified by posting said meeting in the social quarters and the engine room with a minimum of 7 days notice prior to the meeting date. Special meeting shall not count towards members voting privileges.
Section 8: Order of business for special meetings:
Meeting called to order by President
Salute to flag
Transaction of special business
Section 1: Investigating Committee:
The President shall appoint at the January meeting an Investigating Committee consisting of three (3) active members. It shall be the duty of the Investigating Committee to investigate the character of all applicants for membership. The committee will then report their findings to the Membership Secretary.
Section 2: Auditing Committee:
The President shall appoint at the January meeting an Auditing Committee consisting of three (3) active members who at the time shall not hold an office. It shall be the duty of the Auditing Committee to have all the accounts of the fire company audited no less than once and no more than four times a year. The Auditing Committee may have all the accounts of the fire company audited by an independent auditor. The company may make recommendations to the committee for review.
Section 3: Charge Committee:
The President shall appoint at the January meeting a Charge Committee consisting of two (2) active members who at the time shall not hold an office. The Vice President shall be chairman of said committee. The committee shall follow a set of guideline as approved by the Board of Directors. It shall be the duty of the Charge Committee to try all members against whom charges have been preferred by another member. They shall furnish the accused with a copy of the charges, notify the accused and accuser (in writing) to appear at stated
special meetings of the committee, and hear all witnesses separately (the accused and accuser being in the room at the same time). The Charge Committee shall make a written recommendation to be read at the next company meeting after the hearing. The company shall approve or disapprove such recommendation as they may direct. All appeals must be made to the Board of Directors in writing within 10 days of the company’s decision. The Board of Directors decision will be final.
Section 4: Bylaws Committee:
The President shall appoint at the January meeting a bylaw committee consisting of at least (5) active members. It shall be the duty of the committee to interpret any questions concerning issues dealing with the bylaws.
At the direction of the President the committee shall review and make recommendation for changes to the bylaws.
Section 5: Nominating Committee:
The President shall appoint at the September meeting, a Nominating Committee consisting of three (3) active members, who at the time shall not hold an office. The chairman shall present at the October and November meeting, names of candidates for all elected offices. Nominations may also be made at the October and November meeting from the floor by any member present, provided consent of the member nominated has been previously obtained in writing or verbally in the presence of the membership. No nominations will be accepted at the December meeting except if the office is declared open.
Section 6: Committees shall not make any expenditure outside of their ordinary needs without first consulting the company.
Section 7: Appointed committees must submit a verbal and written report. Any committee that had any financial transactions shall provide a written income vs. expense report along with all paid receipts before they are discharged.
ELECTION OF OFFICERS
Section 1: The following officers shall be elected at the December meeting: President, Vice President, Recording Secretary, Treasurer, Financial Secretary, Membership Secretary, Fire Chief, Deputy and Assistant Fire Chief and three (3) Trustees. Trustee with the highest number of votes will serve a three (3) year term, next two (2) highest number of votes will serve a one (1) year term, thereby setting the total number of Trustees serving in any given year at five (5).
Section 2: All terms of office shall be for a full calendar year, January 1st to December 31st.
Section 3: Should a vacancy occur in an elected office, said vacancy shall only be accepted by a letter to the company from the vacating officer except in the case of a death or by means of Section 5 under the Board of Directors. Nominations shall be opened at the meeting the vacancy is accepted and then closed at the next regular meeting of the company. The company shall than fill such vacancy by ballot. Members eligible to vote must have attended 3 or more monthly general membership meetings in the previous 12 months not counting the voting month. A voter eligible list shall be posted in the Social Quarters and Firehouse for a period of (2) weeks prior to the election. The term of such elected office being for the unexpired term. In the event that the vacancy occurs in the office of Financial Secretary, Treasurer or Recording Secretary the President may appoint a member to perform the duties of this office until the vacancy is filled by company ballot.
Section 4: No member shall be eligible to hold more than one elected office.
Section 5: No member shall be eligible to run for elected office who is also a paid employee of the company.
Section 1: The company shall have the power from time to time to enact such amendments to the by-laws and/or rules of order as they deem necessary, and they shall have the same binding effect upon the members of the company as if they were incorporated in the by-laws, provided, however, that nothing therein contained shall conflict with the by-laws or be contrary to the constitution and laws of the United States of America or of this Commonwealth.
Section 2: Any amendment to the by-laws must be brought up under new business and submitted in writing. A motion must be made and approved to turn it over to the by-law committee. The by-law committee will meet within 60 days after amendment is proposed and bring the proposed amendment to said meeting. The proposed amendment will be read under old business and if approved, shall be considered the first of two required readings. After the second reading, the membership will vote on the proposed amendment. Any motion to revise these by-laws must be passed by a majority of the members present.
Section 3: Any amendment originating in bylaws committee and proposed to company shall be considered as first of two required readings
Section 4: The amendment must have been posted in the social quarters and the firehouse for a period of one month prior to the vote.
Section 1: Statement
Upon the dissolution of the corporation or the organization, the Board of Directors or governing staff shall, after paying or making provision for the payment of all of the liabilities of the corporation or organization, dispose of all the assets of the corporation or organization in such manner, or to such organization(s) organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as an exempt organization(s) under section 501(c)(3) of the Internal Revenue Code of 1954 (or corresponding provision of any future United States Internal Revenue Law), as the Board of Directors or governing staff shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the corporation or organization is then located, exclusively for such purposes as said Court shall determine, which are organized and operated exclusively for such purposes.
The foregoing by-laws were approved and passed at the stated meeting of the Kenhorst Volunteer Fire Company No. 1 held on Monday September 8, 2014.
BY-LAW COMMITTEE MEMBERS
Craig Fritz – Chairman