Guest Rob Fogle Jr Posted November 16, 2013 at 11:26 PM Report Share Posted November 16, 2013 at 11:26 PM As the Chairman of the Board of Trustees in a volunteer fire company, I led discussion several months ago at a Trustee meeting concerning the placement of an ambulance in our station by a neighboring ambulance club. The trustees unanimously decided against the placement of said ambulance in either of our two stations. Keep in mind, pursuant to the fire company by-laws, the Trustees have complete charge of all real and personal property of the fire company. we decided against the placement of an ambulance in our station. The line officers of the fire company discussed in their private line officer meeting, which is prior to the general fire company meeting to allow the ambulance club to occupy a fire company station. At the general fire company meeting, a line officer made a motion to allow the ambulance to not only occupy our station, but to construct whatever walls were necessary to insure the ambulance personnel had sufficient "living space" in our station. This is totally against the decision of the board of trustees, who have the ultimate authority where buildings are concerned. My first question speaks to the validity of the motion made by the line officer. Ultimately, after much heated discussion, the motion was seconded, put to a vote, and passed by majority vote. Since the line officers have no authority in building matters, what is the validity of the motion that was passed? Secondly, what steps can be taken to vacate the motion? I welcome any comments concerning this matter.Thank you, Rob Fogle, Jr- Chairman of the Board of TrusteesStrinestown Community Fire Company Link to comment Share on other sites More sharing options...
Bruce Lages Posted November 17, 2013 at 03:50 AM Report Share Posted November 17, 2013 at 03:50 AM The answer to your first question will depend on the exact wording in your bylaws describing the extent of the authority granted to your board of trustees. If there is any dispute about this wording, whichever assembly within your organization (i.e., board of trustees or the entire fire company) has the power to amend the bylaws will determine what the proper interpretation of that wording is. See RONR, 11th ed. pp. 588-591 for some principles of bylaw interpretation. As to your second question, if the motion is truly in violation of the bylaws, it would constitute a continuing breach, and a point of order can be raised at any time (preferably, I think, at a meeting of the entire fire company since they originated the motion). The motion should then be declared null and void. See RONR, 11th ed. p. 251, ll.3-26 regarding continuing breaches. Link to comment Share on other sites More sharing options...
Guest Rob Fogle, Jr. Posted November 18, 2013 at 03:50 AM Report Share Posted November 18, 2013 at 03:50 AM As per our By-Laws, Section 9 pertains to the duties of the Board of Trustees: "The Trustees shall have complete charge of all real and personal property of the company." The Board of Trustees met months ago and unanimously agreed not to house an ambulance in our station. This decision was duly noted at the next general meeting and so recorded in the minutes of the meeting. This seems pretty cut and dry to me. As a matter of record, I will review the reference you provided (RONR, 11th ed. pp 588-591). I will also reference RONR, 11th ed. p. 251, ll.3-26. Thank you very much for your response regarding this matter. Rob Fogle, Jr.- Chairman of the Board of TrusteesStrinestown Community Fire Company Link to comment Share on other sites More sharing options...
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