Jump to content
The Official RONR Q & A Forums

fixter

Members
  • Posts

    51
  • Joined

  • Last visited

Recent Profile Visitors

502 profile views

fixter's Achievements

  1. I think the quorum makes in conclusive. Other then that we fall back on roberts rules
  2. I think I just answered my own question Ten (10) members shall constitute a quorum for all regular or special meetings. There are not 10 members on the executive board
  3. That is the whole article that I posted. OTher places it is mentioned: Under duties of President : . President. It shall be the duty of the President to preside at all meetings of the Company and of the Executive Committee in accordance with parliamentary procedure; to countersign all checks when authorized for payment; to call special meetings, when in the Presidents judgement they are deemed necessary Also they are mentioned for elections for filling vacant officer positions as well as changes to the bylaws which would for sure be the entire membership. What gets me is that it is stated . The Secretary shall give written notice of each special meeting, of drills, parades and schools of instruction to each member at least twenty-four (24) hours before the same is held. How do you give written notice in 24 hours?
  4. Our bylaws state that: Special meetings shall be held subject to the call of the President. The notice thereof shall specify for what purpose the meeting is called and no other business shall be transacted thereat. It does not define what a special meeting is. Members have stated that it is the executive board but my interpretation is that it is the entire membership or board. Am I right?
  5. I've often been told that our bylaws were originally intended to not be cut and dried so things could be discussed with membership. I guess it is ultimately up to membership to decide these things. The hard part is that it is the entire membership that decides and not a select few that want to. At any rate we held our elections last night. Votes were done properly by ballot even for unopposed positions. Only one person was excluded from the vote by not meeting the criteria that membership decided on. I strongly encouraged people who did not like the way the bylaws are to start working on changes now. It is a 3 month process to do it so waiting until a month before elections is not going to work Thanks for the input!
  6. Section 1 Membership of this Company shall be divided into four classes: active, active exempt, exempt and social members. Bylaws go on the describe each.... Section 5. Life Membership. Life Membership shall be conferred upon all members of the company who have completed 15 years of active service. Life Members shall retain all privileges of membership in the Company, but shall not be required to pay dues and shall receive a special pin to signify completion of 15 years of service. Life Members will also be entitled to keep their key. Life Members who do not perform any of the duties of a member of the company for a period of time of one year will have their status changed to Inactive Life Member. They shall forfeit all privileges and rights of membership. If they desire, they may reapply for membership in the regular manner, as a new member. So the way I have always looked at it the LT members are a separate category from those described in the membership. They gave 15 years of service and are being recognized for it. It is ambiguous and reads to me that they enjoy the privileges of the 4 categories until they have done absolutely nothing for a year.
  7. Good information by all as usual. The question with this portion is the lifetime members which enjoy all privileges of membership. Would they not be provided with the privileges of active and active exempt even though they may not currently fall into that membership category?
  8. It seems that every year I am here with a new twist on the same old game. Voting time. In the past we have been through voter eligibility and interpreting it from our bylaws. There is alway a power group trying to exclude voters to further their own agenda. Last year I was successful keeping everyone in the vote using statements from here and our attorney. Our bylaws state that you have to be an active or active exempt member in good standing and completed your initial probationary period to vote in the election. Those are 2 of the 4 categories of membership as defined in the bylaws. After these 4 categories there is an additional one for lifetime members that have reached 15 years of service. It states that they enjoy all the privileges of membership. So they are always trying to find a way to exclude the older, wiser members. (One day they too will be old). This years twist is the exclude members that have not passed a physical. There is nothing in the bylaws about this but you also can't be an active member without it. That will probably be motioned to vote on. Personally I believe everyone should have the right to vote unless they meet the criteria in the bylaws. We have one member on probation that is not eligible to vote. I am sure it will be brought up to allow him to. It really is tough when people can't follow their own laws. I told them last year to change the bylaws but no one wants to go through the 3 month process. Next we have the issue of running unopposed. Our bylaws state that there will be a ballot vote. Last year the elections went on a long time because of childish games after I informed them they were allowed to vote for whoever they wanted. Here are the actual bylaws Section 3. All officers shall be elected by ballot at the annual meeting by majority vote by the members present thereat, but, if for any reason an officer is not elected at the annual meeting, a special election may be held at the next regular meeting or a special meeting may be called for this purpose. Section 4. In the event of three or more candidates and one does not receive the majority vote on the first ballot, the candidate with the least votes shall be dropped and this procedure continued until one candidate can be elected. My question is dropping a candidate. Would that mean any votes cast for them would no longer be legal? I was also approached by a member saying that we could create "rules" for the election such as having the secretary cast one ballot. I od him we have addressed this in the past but he insists that rules can be made and changed as necessary. I responded that the rule could not violate the bylaws. What are the thoughts on this?
  9. That is interesting, I will have to investigate the differences. Perhaps that will change some votes on amending the bylaws. Elections were last night and other then unhappy folks over eliminating the secretary casting one ballot, it went smoothly. Afterwards I heard chirping about having the election declared illegal at the next meeting because someone had sour grapes. I will read and prepare myself for that. Thanks to all the great knowledge here.
  10. Our bylaws state 10th edition and I have had no success amending that.
  11. My head is spinning? Members would have to go through a process to be punished (which I vehemently oppose) which is not covered in our bylaws so the RONR would take precedence. For someone to put someone on probation, they would have to go through a process.
  12. Here are the duties of chief. They do have the power to suspend someone but that would be when on duty. That would only be in effect until the next meeting. Section 6. Chief. The Chief shall have command of the Company at fires and schools of instruction and shall see that the members shall perform their duties thereat. It shall be the Chief’s duty to arrange the schools of instruction to be scheduled every Thursday night at 7:00 PM unless there is a holiday or other Company affair at the same time. It shall be the Chief’s duty to see that all active members have a good working knowledge of all the fire and emergency equipment at their disposal. When the company is on duty or at a fire, the Chief shall be the sole person in charge, shall assign the members to the best method of fire fighting and assign them to run the truck pumps and lights. The Chief shall make sure that the fire is completely out before leaving the scene. Upon return to the fire hall, the Chief shall be responsible for the clean up of equipment to a ready status again. The Chief shall make sure that only those members qualified shall operate the equipment. The Chief shall be responsible for the proper maintenance of the equipment and the engine room, and shall see to it that the apparatus and fire appliances of the Company are in good working condition and ready for service at all times. The Chief shall have the authority to purchase emergency or necessary maintenance equipment or the apparatus and to make all necessary repairs to the apparatus as deemed necessary. The Chief shall have the power to suspend any member refusing to do their duty, subject to the action of the organization at the next meeting. The Chief shall: -Be in direct command of the fire police and see that they are properly equipped -Make a summarizing report at the January meeting of all fires during the Preceding year. -Be in charge of the fire district fire prevention program. -The Chief shall appoint one Assistant to serve as First Aid Officer. The only other disciplinary procedures in our bylaws are with the executive board and expulsion Section 1. Executive Committee. The Executive Committee shall consist of the President, Vice-President, Treasurer, Bingo Treasurer, Financial Secretary, Secretary, Chief, 1st Assistant Chief, 2nd Assistant Chief, 3rd Assistant Chief, 4th Assistant Chief and the five (5) Directors. The Executive Committee shall have charge of the affairs of the Company between meetings. It shall designate the bank or banks in which the funds of the Company shall be kept. It shall have the power to hear the excuses and act upon them for non-attendance at the meetings, drills, fires and schools of instruction and upon application for the remission of fines and penalties. The Executive Committee shall meet monthly one (1) hour prior to the regular monthly meeting and shall meet at such other times as the President may designate. The President shall also call a meeting upon the request of any two (2) members of the Executive Committee. The Executive Committee shall have the power at its discretion to examine the books and accounts of any of the offices. It shall make at least an annual check of the total membership, paying strict attention to attendance at drills, assigned clean-up, work details, meetings and fires. Those that are lax in several categories shall be personally interviewed by a Line Officer and one other officer, or called before the Executive Committee to explain the reason for not doing their duty. The Executive Committee shall have the power to examine applications for membership and reject the same if they deem it necessary for the good of the Company. They shall have the power to admit over all the other types of preference heretofore mentioned shift workers or locally employed persons or local business people as members when deemed for the good of the company. The President may report on the Executive Committee at any regular or special meeting. The Executive Committee shall secure bids on any expenditure of the company over five hundred dollars ($500.00), if so directed by the company ARTICLE XVI Expulsion. Section 1. Any member maybe expelled from the Company for cause by a ¾ vote of the active members present at a meeting provided the accused shall have been served with written charges at least seven (7) days prior to the meeting together with the notice that the charges will be considered at the meeting. Section2. The Company shall have full power to determine what shall constitute sufficient cause for expulsion. Section 3. A member expelled from the Company shall not be eligible for reinstatement. The case of expulsion I have visited with our company attorney and he made it pretty clear that to just boot someone out without due process was against state law. No where in the bylaws does it define what powers the executive committee has with regards to excuses etc. It speaks of fines but there is nothing else on that. It does state that and officer will interview someone if they are not doing what they should. It seems like things are wide open but also we do follow Roberts' 10th edition when not covered in the bylaws. The more I think about this stuff the more I go in circles.
  13. Glad to see I am not the only one confused by our bylaws. I have always been told that they were left vague so they are open to discussion. As I said earlier on there is a 5th definition which is lifetime member. That is outside of membership and states that lifetime member enjoy all the rights and benefits of membership. So I have always been on the side that this group has the right to vote. It would seem that the key here is good standing.
  14. Elections are approaching and now I am asked who can vote. There is always discussion about who can vote even though as the above bylaws state All officers shall be elected by ballot at the annual meeting by majority vote by the members present thereat. Membership is defined earlier as follows Section 1 Membership of this Company shall be divided into four classes: active, active exempt, exempt and social members. Section 2: Active Member: An active member of this Company shall be confined to persons the age of eighteen (18) years and older, a citizen of the United States, of good moral character and sound mind and body, and a resident of the Fire District for a period of six (6) months. Said person must also meet the requirements as may be contained in any law or regulation applicable to the Company by Federal, State, county, and Township Decree, including the Niagara County Sexual Harassment Policy. Active members shall be required to perform the full duties of a Volunteer Firefighter including services at fires and emergencies, attendance at meetings, both special and regular, schools of instruction and drills, parades, fund raising activities and other approved activities of the Company An active member shall enjoy the right to voice their opinion and vote on all matters dealing with the Company Section 3. Active Exempt. An active exempt must have five (5) years of consecutive duty and be a member in good standing. They are obligated to answer all fire calls of the Company. They shall attend all meetings and speak, and are entitled to vote. They will pay annual dues to the Company along with fines. They are obligated to go to parades, and they may retain Company property assigned to them until they shall become a regular exempt. Section 4. Exempt Members. An exempt member is one who can resign their active membership after having served a minimum of five (5) consecutive years and has cleared themselves of all debts owed to the Company. They shall be entitled to receive their exemption papers upon written or personal request for the same at a regular business meeting of the Company. They are entitled to an official certificate as an exempt Volunteer Firefighter under the provisions contained in the General Municipal Laws which shall be filed with the County Clerk for any future benefits entitled to them under the law. Exemption certificate holders may attend and speak at all Company meetings without the right to vote. The Company will not be responsible for their participation with Company affairs. They will be assessed no dues. At the time of their exemption they shall return all Company properties. After receiving their papers, the member may, within a period of sixty (60) days give notice to the Company that the wish to continue as an active exempt member. If not done within sixty (60) days, they will remain on the exempt list, but can at any time make application as a new member as long as they meet the requirements of a new member. Section 5. Life Membership. Life Membership shall be conferred upon all members of the company who have completed 15 years of active service. Life Members shall retain all privileges of membership in the Company, but shall not be required to pay dues and shall receive a special pin to signify completion of 15 years of service. Life Members will also be entitled to keep their key. Life Members who do not perform any of the duties of a member of the company for a period of time of one year will have their status changed to Inactive Life Member. They shall forfeit all privileges and rights of membership. If they desire, they may reapply for membership in the regular manner, as a new member. So looking at this You have to fall into category 1 or 2 to vote. If you are lifetime you enjoy all the privileges of membership. Here are the requirements for category 1 and 2. I am sure it will be argued that if someone did not attend 8 drills a year, they can't vote. ARTICLE V Duties of an Active or Active Exempt Member Section 1. It shall be the duty of all active members on an alarm of fire to proceed to the nearer, the firehouse or the fire, and hold themselves in readiness to discharge the duties assigned to them by the officer in charge. Section 2. No person without an operator’s license shall be permitted to drive the fire equipment. It shall also be the duty of a member to notify a Line Officer or the President of any license restriction immediately or be subject to immediate suspension from the Company. No person without specific permission from a Line Officer shall be permitted to drive, ride, or use any fire equipment. Section 3. No member of the company shall be permitted to repair, or to alter any equipment (fire) unless they have received authorization from the chief. Section 4. It shall be the duty of the first qualified firefighter arriving at the firehouse or fire to act as foreman until the arrival of the proper officials. Section 5. Fire trucks are not to be taken out of the firehouse only in case of fire or emergency, unless accompanied by one (1) of the proper line officers, or under instruction of a proper line officer. Section 6. It shall be the duty of every member to attend all meetings of the Company, of Committees of which they are a member, obey the Constitution, By-Laws, the officers, and wishes of the Company as expressed by motions and resolutions. Section 7. No person not a member of this Company shall be admitted to any of its meeting except upon invitation of the presiding officer. Section 8. No intoxicating drinks shall be taken into the truck room or the meeting room when a drill or meeting is in session. No member shall come into the fire hall intoxicated. No member shall become intoxicated while on duty. Section 9. All members shall remain at the fire unless properly dismissed or excused by the officer in charge. Also, after the fire or emergency the member shall return to the hall to ready the trucks for duty again. Section 10. All active and active exempt members shall be required to attend at least eight (8) drill sessions per year. And lastly under officers and their selection Section 6. Only active and active exempt members in good standing shall be entitled to vote at an election of officers. A member must have successfully completed his probationary period, and dues must be paid to be in good standing. There appears to be conflicts. Personally I think any member present at the meeting should be entitled to vote. I know one member that the chief decided to put on probation because they weren't active enough due to jobs. I'm sure it will be argued that they can't vote. I guess my question is does one part of the bylaws override another? I believe it reads that Lifetime members will always have the right to vote unless they disappear for a year. Then there is active and active exempt. It seems that you would have to be removed from membership not to vote but what if you don't meet the qualifications? Very confusing and will definitely be a lot of discussion
  15. My main concern it casting ballots. Everyone should cast a ballot, not just the secretary. Is that correct? From what I have read in the past voters should be able to write whoever they want on the ballot regardless of one person being nominated. Next if there are 20 ballots cast (minus abstentions) then there has to be 11(minus abstentions) votes to be elected?
×
×
  • Create New...