Constitution and bylaws
South Middleton Township
tABLE OF cONTENTS
preamble
Article I Name
Article II Object
Article III Meetings
Article IV Membership
Article V Officers and Qualifications
Article VI Election of Officers
Article VII Duties of Administrative Officers
Article VIII Duties of Trustees
Article IX Duties of Fire Chief
Article X Duties of Line Officers
Article XI Expenditures
Article XII Firefighting Methods
Article XIII Conduct
Article XIV Alterations and Amendments
Article XV Auxiliary
Article XVI Fire Police
Article XVII Revisions
Incorporated October 13, 1943, as the Boiling Springs Fire Company, recorded in the Miscellaneous Docket #77, page #288, Recorder of Deeds Office, Courthouse, Carlisle, Cumberland County, Commonwealth of Pennsylvania.
PREAMBLE
WHEREAS, in all regulated organizations, certain laws are adopted as necessary for the order thereof, therefore, we, the members of the South Middleton Township Fire Company, agree to promulgate and support the following as our Bylaws.
ARTICLE I
NAME
Section 1: This Company shall be known as the South Middleton Township Fire Company and shall have full power to hold personal property and real estate, invest all surplus funds not required for the maintenance of the organization and collect all dues and fines according to the Constitution and Bylaws.
ARTICLE II
OBJECT
Section 1: To provide emergency and public service to South Middleton Township and surrounding areas.
Section 2: It shall have the right to own and maintain the necessary fire apparatus and equipment to provide said service.
ARTICLE III
MEETINGS
Section 1: This provision of the Bylaws shall constitute due notice to all members of the Company, meetings shall be held on the first Tuesday evening of each month at seven-thirty (7:30) o’clock p.m., except when same coincides with an Election Day or holiday, in which event, said regular meeting may be scheduled at an alternate time indicated by the President who shall give notice thereof in accordance with law and these Bylaws; specifically publication as set forth in Section 7703 of the non-profit Corporation Act 15 PA S. Section 7703.
Section 2: Special meetings shall be called by the President at the written request of seven (7) members in good standing. Said request shall state the nature of the business to be transacted. Notice of said meeting shall be given to all fire company members at least twenty-four (24) hours previous to holding said special meeting. This can be done through newspaper and/or phone calls. At a special meeting, no business shall be transacted except that for which the meeting was called.
Section 3: All members calling a special meeting must be present and if not present, the meeting shall be automatically adjourned.
Section 4: Notice of special meetings shall be given as aforesaid and may also be given by publication for waiver in accordance with the aforesaid Act.
Section 5: Seven (7) members shall constitute a quorum to transact business and in all transactions not otherwise directed, a majority of those present shall govern.
Section 6: Robert’s Rules of Order shall govern at all meetings.
ARTICLE IV
MEMBERSHIP
Section 1: The membership of this Company shall be comprised of any person fourteen (14) years of age or above, whose dues are paid in full for the calendar year.
Section 2: The Junior membership of this Company shall consist of those members seventeen (17) years of age and under that have not yet graduated from high school or who have not been declared to have attained their academic potential by the chief administrator of the school district. Junior members may not hold Company office or have voting privileges.
Section 3: Senior membership in this Company- will be any member reaching the age of eighteen (18) and has graduated from high school or who has been declared to have attained their academic potential by the chief administrator of the school district or has reached adult status by an act of the judicial system through emancipation. A senior member may hold Company office and has voting privileges.
Section 4: A Supportive member shall be an individual who wishes to support the financial and physical activities of the South Middleton Township Fire Company but who do not wish to actively pursue firefighting training and methods. These individuals shall fall under all Company policies.
Section 5:
Fire Police- See Article XV
Section 6: Life membership in this Company shall be granted to any member reaching the age of sixty (60) years of age or be forty-five (45) years of age, shall have been a member of the company for at least ten (10) years and shall pay the sum of Fifteen dollars ($15.00). Life membership shall be granted to a member for distinguished service by action of the Company at a regular meeting.
Section 7: All initiation fees shall be two dollars ($2.00) in advance and dues shall be two dollars ($2.00) per calendar year in advance.
Section 8: Proposals for membership must be in writing, giving, name, address, telephone number, occupation, date of birth, applicant’s signature, recommending signature and shall be read at a regular meeting.
Section 9: Proposals for membership shall be referred, during the meeting in which they are presented, to an investigation committee.
Section 10: Applications presented for membership by the 25th of the month will go through the investigating process and voted on at the next monthly meeting. Any applications presented after the 25th of the month will be held for 30 days, then go through the investigating process, and be voted upon at the next monthly meeting. Any applicant who fails to receive a majority of favorable votes shall not be granted membership. New members elected during and after the month of October shall be considered members in good standing until the end of the following calendar year.
Section 11: All new members shall be required to complete a six (6) month probationary period. At the end of or during said probation period, all members will be re-voted upon at a regular meeting by secret ballot of the membership present. Majority vote will accept or reject.
Section 12: Any member who has not paid his/her dues by April 1 of the calendar year in which said dues shall be owed shall be automatically dropped as a member. He/she shall be reinstated only upon the payment of a new initiation fee and all dues, which are in arrears.
Section 13: Membership in the South Middleton Township Fire Company will not be discriminated upon based on race, color, religion, creed, sex, national origin, age or physical handicap.
Section 14: Elections for membership in the South Middleton Township Fire Company shall be by written ballot only.
ARTICLE V
OFFICERS AND QUALIFICATIONS
Section 1: The Administrative Officers of this Company shall consist of a President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, Financial Secretary and three (3) Trustees open to all members in good standing.
Section 2: The operations officers of this Company shall consist of a Fire Chief, Deputy Chief, two (2) Assistant Chiefs, Captain, and two (2) Lieutenants.
Section 3: All officers of this Company shall be elected to office and assume there duties on January 1.
Section 4: Any member may not hold the position during the probationary period.
Section 5: All operations officers must have completed required firefighter training in accordance with Company Standard Operation Guidelines and be a senior member of the Company for one year prior to taking office.
Section 6: The operations officer qualifications of this Company shall be as follows:
The Fire Chief, Deputy Chief and Assistant Chiefs:
· Fire Chief must have three (3) years line officer experience, two (2) years line officer experience with this Company.
· Deputy Chief and Assistant Chiefs must have two (2) years line officer experience; one (1) year must have been with this company.
· Fire Chief, Deputy Chief, and Assistant Chiefs must have 32 hours of certified training in fire service administration, 32 hours of certified training in fire ground operations, basic first aid and CPR or equivalent.
· Fire Chief, Deputy Chief, and Assistant Chiefs Shall be a qualified driver/operator of all apparatus.
The Captain and Lieutenants:
· Captain must have one (1) year officer experience.
· Lieutenants must have one (1) year experience in the Company.
· Captain and Lieutenants must have 16 hours of certified training in fire ground operations, basic first aid and CPR or equivalent.
· Captain and Lieutenants shall be a qualified driver/operator of the brush truck and tanker.
Section 7: Officers missing more than three (3) consecutive regular meetings without good cause; i.e. work or illness or emergency, may be removed from office for failure to attend meetings. Said removal shall be accomplished by majority vote of the membership upon motion of any member at any regular meeting. Substitute officers shall be elected by majority vote of the membership to serve out the remaining term of the office filled.
Section 8: Notwithstanding Section 7 above, any officer of the Company may be impeached for misfeasance or malfeasance in office or failure to fulfill his/her assigned duties upon a motion for his/her removal made by any member of the Company at any regular meeting. If the offending officer is not present at the meeting in which said motion is made, notice shall be sent to him/her by the Secretary within five (5) days of the meeting in which the motion is made and said notice shall contain the nature of the allegation against the officer and shall contain notice of the right of the officer to be heard on the matter. The motion for removal shall be considered at the next regular meeting following the meeting in which the motion is made. Removal shall be accomplished by majority vote of the membership present. Substitute officers shall be elected by majority vote of the membership to serve out the remaining term of the office filled.
Section 9: In the event an incumbent officer fails to perform his/her appointed duties after the December elections, the President, the Fire Chief, and two (2) Trustees, jointly, may direct the officer-elect to relieve the incumbent prior to January 1. The officer-elect would assume all prescribed duties of said position.
ARTICLE VI
ELECTION OF OFFICERS
Section 1: The President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, Financial Secretary and all other elected officers shall be voted upon individually at the regular meeting in December with the exception of the Trustees who shall be elected for three (3) year terms, such that only one (1) Trustee is elected in any one (1) given year. The newly elected officer(s) shall take office on January 1. Vacancies that may occur shall be filled by a special election for the unexpired term of the office made vacant and nomination and election may occur at the same meeting.
Section 2: No one person can hold the office of President or vice President and Chief or Deputy Chief simultaneously. Due to the judgmental nature of the office a Trustee cannot hold another office. No one person can hold two administrative or two line officers simultaneously.
Section 3: Nominations for offices shall be opened at the October meeting and shall be closed at the November meeting.
Section 4: In case no candidate receives a majority of the votes cast on the second ballot, then the election shall be confined to the two (2) candidates who have received the highest number of votes and all other candidates shall be dropped.
Section 5: All senior members in good standing must have attended at least six (6) monthly meetings in order to vote for officers. Working, illness, military, college, or company training will constitute an exception to this rule provided the member notifies the Secretary before the regular Company meeting.
Section 6: Absentee ballots shall be made available to qualified voting members unable to attend the regularly scheduled meeting.
ARTICLE VII
DUTIES OF THE ADMINISTRATIVE OFFICERS
Section 1: The Administrative Officers shall conduct their offices as prescribed in Robert’s Rules of Order and the Fire Company handbook.
Section 2: The President upon taking office shall appoint a chaplain who will attend to the spiritual needs of the company.
Section 3: The President shall appoint and empower such committees as is deemed necessary for the operation of the Company.
Section 4: With the approval of the Company, the President may appoint a person to fulfill an administrative office if no qualified person can be elected.
Section 5: The President, Vice President, Treasurer, Assistant Treasurer and Financial Secretary upon assuming the duties of their office, shall be furnished with a Corporate Bond in the sum of $500,000. The premium for this bond shall be paid by the Company. This section shall be strictly enforced.
ARTICLE VIII
DUTIES OF THE TRUSTEES
Section 1: In addition to the duties as outlined in the Fire Company handbook, the Trustees shall:
A: By January 1 of each year the Chairperson of the Board of Trustees shall be chosen by the trustees, Shall no chairperson be agreed upon, the President shall appoint a chairperson.
B: Manage the business affairs of the Company and to take charge and hold all property belonging to the Company unless otherwise provided for herein.
C: Be responsible for establishing and maintaining an up to date set of house rules. Any changes shall be presented to the Company for their approval.
D: Have charge of the rental of the fire hall and facilities. Rates shall be those as set by the membership at the regular meeting of the Company in November. Said rates are subject to annual revision.
ARTICLE IX
DUTIES OF THE FIRE CHIEF
Section 1: The Fire Chief shall have control of all Company personnel and apparatus at all fire service functions. He/She shall also keep a record of all fires and emergency calls and turn then over to the proper authorities. He/She shall be at all fires when possible, plan the attack and direct the action of the Company. He/She shall report to the company at each meeting.
Section 2: In the absence of the Fire Chief, the highest-ranking Company operations officer shall assume all duties of the Fire Chief.
Section 3: Any additional duties shall be established by the company’s Standard Operating Guidelines, formatted by the operations officers, and reviewed annually and ratified at a regular meeting.
ARTICLE X
DUTIES OF THE OPERATIONS OFFICERS
Section 1: The duties of the Deputy Chief, Assistant Chiefs, Captain and Lieutenants, shall be established by the Company Standard Operating Guidelines, formulated by the operations officers, reviewed annually and ratified at a regular meeting.
ARTICLE XI
EXPENDITURES
Section 1: No money shall be paid out of the treasury of the Company for other than actual expenses of the Company as approved in the annual budget. The President or Vice President and the Treasurer or Assistant Treasurer is authorized to approve the expenditure of and transfer of Company funds. Such approval shall be in writing.
Section 2: The Apparatus Committee may spend up to $1000 for emergency purchases or emergency maintenance for equipment per month without vote of the membership at a regular meeting. Such sums may be spent only upon two-thirds vote of the Apparatus Committee and upon the concurrence of two (2) members of the Board of Trustees. Any expenses must be brought up at the next Company meeting.
Section 3: The trustees have the power to authorize, approve or ratify the borrowing of money or the purchase, sale, mortgage, lease or other disposition of any real estate or personal property of the Company to the value of $1000.00 or less. This shall be for emergency maintenance, repair or replacement of the building, grounds and related equipment. They may spend a maximum of $1000 per month for the above without prior approval of the membership. They shall report such action at the next regular meeting of the members or at a special meeting called for that purpose.
Section 4: Unless otherwise specifically provided herein, expenditures shall only be paid out of the treasury of the Company by a majority vote of members present at a regular stated meeting.
ARTICLE XII
FIREFIGHTING METHODS
Section 1: The Company shall perform firefighting operations in accordance with Company Standard Operation Guidelines and train it’s personnel accordingly.
Section 2: The Company shall provide all mandated courses on a yearly basis as needed and obtain and provide all necessary books and manuals.
ARTICLE XIII
FIRE POLICE
Section 1: A group of fire company volunteers who wish to assist the Fire Company with traffic and crowd control during Fire Company functions, or times of emergency, to assist South Middleton Township, Fire Police in other townships upon county dispatch, and the State Police shall be known as the South Middleton Twp. Fire Police Association.
Section 2: Members shall consist of fire company members in good standing, voted into association membership by the association and governed by the Constitution and By-laws of the Fire Police Association as well as the Constitution and By-laws of the South Middleton Township Fire Company.
Section 3: Members shall be covered by the same medical and death benefits as fire company personnel while, performing their authorized duties during times of emergency and fire company functions.
Section 4: The fire police shall be under the control of the Company officer in charge during emergency situations.
ARTICLE XIV
ALTERATIONS AND AMENDMENTS
Section 1: No alterations or amendments shall be made to these articles without the concurrence of a majority of the members present. Said alterations or amendments shall be proposed, in writing, stating the present wording and the proposed wording at one regular meeting and discussed. The vote thereon shall be held at the regular meeting next following.
ARTICLE XV
REVISIONS
Section 1: These By-laws have been revised, rewritten and approved by the Company as of ______________ and shall become effective ______________.
___________________________________________
President
South Middleton Township Fire Company
___________________________________________
Secretary
South
Middleton Township Fire Company
Bylaw Alteration and Amendment Record
Article XIV, Section 1: Approved April 99
Article IV, Sections 10,11: Approved January 02
Article VI, Section 5: Approved December 02
Article XI, Section 1: Approved December 02
Article IV, Section 7: Approved May 03
Article V, Section 2: Approved August 03
Article III, Section 2: Approved June 05
Article IV, Section 3: Approved June 05
Article IV, Section 4: Approved June 05
Article IV, Section 5: Approved June 05
Article V, Section 1: Approved June 05
Article V, Section 2: Approved June 05
Article V, Section 4: Approved June 05
Article V, Section 5: Approved June 05
Article V, Section 6: Approved June 05
Article V, Section 9: Approved June 05
Article VI, Section 5: Approved June 05
Article VII, Section 5: Approved June 05
Article IX, Section 2: Approved June 05
Article IX, Section 3: Approved June 05
Article X, Section 1: Approved June 05
Article XI, Section 2: Approved June 05
Article XI, Section 3: Approved June 05
Article XIII, Section 1: Approved June 05
Article XIII, Section 3: Approved June 05