By Laws
Table of Contents
Article I: Name
Article II: Location
Article III: By-Laws
Article IV: House Rules and House Policies
Article V: Standard Operating Guidelines and Standard Operating Policies
Article VI: Membership
Article VII: Officers
Article VIII: Standing Committees
Article IX: Order of Fires
Article X: Books, Accounts, and Records
Article XI: Company Property
Article XII: Meetings
Article XIII: Order of Business
Article XIV: Nominations and Elections
Article XV: Vacancies
Article XVI: Board of Directors
Article XVII: Bonds
Article XVIII: Penalties and Expulsion
Article XIX: Amendments
Article I
Name
Section 1
The name of this corporation shall be the Lewisberry Community Fire Company.
Article II
Location
Section 1
The location of the Lewisberry Community Fire Company shall be 105 West Front Street Lewisberry, Pennsylvania 17339.
Article III
By-Laws
Section 1
The corporation shall have unlimited powers to engage in and do any lawful act concerning any and all lawful activity for which a non-profit corporation may be incorporated under the Act of November 15, 1972 P.L. 1063, as amended, under the provisions of which the corporation is incorporated.
Section 2
At no time may these By-Laws be changed or waved without proper process as mentioned in Article XIX: Amendments.
Article IV
House Rules and House Policies
Section 1
The President of the company shall have the power to create and enforce house rules and house policies, these rules and policies may be updated from time to time. The President shall be the interpreter of the house rules and house policies. These are rules and policies that pertain to the operations of the company (excepting line operations) which are not covered by the By-Laws. These rules and policies will not violate the By-Laws, Federal, State, or Local Laws. A copy of the house rules must be displayed to the members of the company thirty (30) days prior to the rules going into effect.
Article V
Standard Operating Guidelines (S.O.G.’s) and Standard Operating Policies (S.O.P.’s)
Section 1
The Fire Chief of the company shall have the power to create and enforce S.O.G.’s and S.O.P’s, which may be updated from time to time. The Fire Chief shall be the interpreter of the S.O.G.’s and S.O.P.’s. These are guidelines and policies that pertain to the line operations of this company not covered in the By-Laws. These guidelines and policies will not violate the By-Laws, Federal, State or Local Laws. A copy of the S.O.G.’s must be displayed to the members of the company thirty (30) days prior to the guidelines going into effect.
Article VI
Memberships
Section 1: New Applicants
All applicants must be at least 14 years of age, regardless of race, color, sex, creed, sexual orientation, or national origin. Any applicants under 18 years of age must have proper working papers and the written consent of a parent or guardian. A background investigation shall be performed on all new incoming members by the President through the Pennsylvania State Police. The incoming candidate shall be notified of such a background check. The incoming candidate’s application shall sit for thirty (30) days prior to being voted on by the active membership. The candidate must leave the room while his/her membership is debated and voted on. Should an applicant be denied membership to the company, the candidate shall be notified in writing stating the reason for denial. All applicants shall pay $15.00 upon applying: $5.00 for membership dues and $10.00 for the Pennsylvania State Police background check. Dues for each subsequent year shall be $5.00 for all members.
Section 2: Active Members
The active membership shall be broken into three (3) categories: administrative, line, and general active membership. The active membership shall determine the business of the company.
Subsection 2A: Administrative
To qualify as an active administrative member, the member must attend75% of regular monthly meetings and 25% of scheduled work details/fundraising functions within a 12 (twelve) month period.
Subsection 2B: Line
To qualify as an active line member, the member must attend 75% of all regular monthly meetings, 25% of all scheduled work details/fundraising functions and 35% of all alarms within a twelve (12) month period.
Subsection 2C: General Active Membership
To qualify as a general active member, the member must attend (50%) of all regular monthly meetings, 25% of all scheduled work details/fundraising functions, in addition, if the member runs fire calls, the member must attend 25% of in house trainings and 25% of fire alarms within a twelve (12) month period.
Subsection 2D: Status update
All status will be updated quarterly. Active points start at the close of the annual meeting. Every three months after this meeting equals one quarter.
Section 3: Non-active
The non-active member shall not have the right to determine the business of the company.
Section 4: Life
Life membership shall be conferred upon all active members who have completed a total of twenty (20) years of service to the company, whether continuous or intermittent. Life members shall be exempt from all dues
Section 5: Cadets
All cadet members shall be between the ages of fourteen (14) and seventeen (17) years of age. Cadets shall not have voting rights and shall follow company cadet S.O.G.’s
Section 6: Honorary
Honorary members shall be proposed and approved by the Board of Directors and confirmed by a vote of active members at the next general meeting. All elected honorary members shall be exempt from all dues. Honorary members are individuals whom the company deems to have exhibited exemplary community service. Honorary members may serve on the Board of Directors and would therefore have voting privileges equal to any other board member regarding company business, but otherwise have no voting privilege.
Section 7: Member Rights.
Subsection 7A
Each member shall have the right to access to the By-Laws, House Rules, S.O.G.’s and S.O.P.’s.
Subsection 7B
Any member has a right to appeal and defend against any written warnings to the Vigilance Committee, Board of Directors, and the body of the company in sequence.
Subsection 7C
Any member has a right to the door code to access the fire company.
Subsection 7D
A spray of flowers may be purchased and a Fire Company Ceremonial Procession for all members in good standing upon his/her death. Also a fruit basket or small flower arrangement may be purchased for all members in good standing who are hospitalized.
Article VII
Officers
Section 1: Qualifications
Those serving as officers for the Lewisberry Community Fire Company must be an active member in good standing for six (6) months prior to their election, and may not hold another officer position in any other volunteer fire company or department. Members may simultaneously hold up to one (1) administrative and one (1) line office, however, no member may hold the office of President and Fire Chief at the same time. All officers shall hold an office for a period of one (1) year upon election.
Section 2: Duties of Administrative Officers.
Subsection 1A: President
The President shall be the Chief Executive Officer (C.E.O.) of the company. It shall be the duty of the President to preside at all meetings of the Fire Company and keep order therein. The President shall not vote on any question except in the case of equal division. The President shall be a standing member of any appointed committee he or she deems necessary. The President shall appoint all committees unless otherwise determined by the Fire Company. The President may sign all orders, drafts, etc. jointly with the Secretary or the Treasurer. The President may appoint delegates to represent the interest of the Fire Company whether at the local, state, or federal level. The President may call extra meetings whenever he or she deems it necessary. The President shall see that all orders from the Board of Directors are carried out. The President shall have general supervision and direction of all administrative officers and see that their duties are properly performed.
Subsection 1B: Vice President
The Vice President shall perform the duties of President in his or her absence. The Vice President shall maintain the membership rosters of the company. The Vice President shall maintain a roster of all key holders and distribute keys as instructed by the President. The Vice President shall have general supervision and direction of the Trustees and see that their duties are properly performed. It shall be the duty of the Vice President to make certain that a hard- copy of the By-Laws are present at every general meeting.
Subsection 1C: Treasurer
The Treasurer shall maintain a record of receipts and disbursements, supported by a permanent record of all financial transactions of the company. The Treasurer will make a complete and accurate report of the finances of the company at each monthly meeting or at any other time requested by the Board of Directors. The Treasurer shall pay all operating expenses upon payment due. The Treasurer shall pay all other expenses after the approval of the body of the company. This position will be bonded.
Subsection 1D: Secretary
The Secretary shall attend all meetings of the company and act as the clerk. The Secretary shall record all minutes and votes of all monthly meetings in a book kept for that purpose. When requested, the Secretary shall perform such like service for all committees. The Secretary shall notify all members of special meetings ordered by the President within twenty four (24) hours prior to such a meeting. The Secretary shall notify every newly approved member of such approval, within a reasonable time, by furnishing them with necessary membership credentials. The Secretary shall be responsible for processing all new memberships and maintaining appropriate records for the fire company.
Subsection 1E: Trustees
There shall be three (3) Trustees. The Trustees shall maintain all real property belonging to the company. The Trustees shall have charge of all real property and keep the same in repair. The Trustees have authority to make repairs or purchases involving expenditure within limits established by the Budget Committee.
Section 2: Duties of Line Officers.
Subsection 2A: Fire Chief
The Fire Chief shall be in complete charge during any emergency incident and shall have the authority to direct any member who responds to the call. It is the responsibility of the Fire Chief to ensure the safety of all members at any emergency incident. The Fire Chief shall have overall authority and responsibility for the use and condition of the apparatus. The Fire Chief shall be responsible for the training of all members to serve as firefighters, drivers, pump operators, emergency medical staff, and other capacities that are necessary in order to function as a fire company and maintain rosters thereof. The Fire Chief has the authority to remove from these rosters anyone who becomes incompetent or abusive of the apparatus. The Fire Chief shall have authority of purchases that are delegated from a budget that is approved by the Budget Committee at the beginning of every fiscal year.
Subsection 2B: Deputy Fire Chief
The Deputy Fire Chief shall be the second in command. The Deputy Fire Chief shall perform the duties of Fire Chief in his or her absence. The Deputy Fire Chief shall assist the Fire Chief in any of his or her duties.
Subsection 2C: First Assistant Fire Chief
The First Assistant Fire Chief shall be the third in command. The First Assistant Fire Chief shall perform the duties of the Deputy Fire Chief in his or her absence. The First Assistant Fire Chief shall assist the Fire Chief in any of his or her duties.
Subsection 2D: Fire Captain
The Fire Captain shall be the fourth in command. The Fire Captain shall perform the duties of the First Assistant Fire Chief in his or her absence. The Fire Captain shall assist the Fire Chief in any of his or her duties.
Subsection 2E: Fire Lieutenant
The Fire Lieutenant shall be the fifth in command. The Fire Lieutenant shall perform the duties of the Fire Captain in his or her absence. The Fire Lieutenant shall assist the Fire Chief in any of his or her duties.
Subsection 2F: QRS Captain
The QRS Captain shall be at least a certified Emergency Medical Technician (EMT) with at least two (2) years experience running medical calls. This includes experience with either emergency transport units or other licensed QRS units. The QRS Captain shall maintain and replenish all medical supplies carried on all apparatus and in the station. The QRS Captain shall assist the EMS Chief and the Fire Chief in any of his or her duties. The QRS Captain shall only have command status in medical incidents.
Subsection 2G: QRS Lieutenant
The QRS Lieutenant shall be at least a certified Emergency Responder (ER). The QRS Lieutenant shall have at least one (1) year experience running medical calls. This includes experience with either emergency transport units or other licensed QRS units. The QRS Lieutenant shall assist the EMS Captain and the Fire Chief in any of his or her duties. The QRS Captain shall only have command status in medical incidents.
Subsection 2H: Fire Police Captain
The Fire Police Captain shall be responsible for maintaining a roster of company fire police and register the same with the proper authorities. The Fire Police Captain shall assist the Fire Chief in any of his or her duties.
Subsection 2I: Fire Police Lieutenant
The Fire Police Lieutenant shall perform the duties of the Fire Police Captain in his or her absence. The Fire Police Lieutenant shall assist the Fire Police Captain and the Fire Chief in any of his or her duties.
Subsection 2J: Fire Police Sergeant
The Fire Police Sergeant shall perform the duties of the Fire Police Captain in his or her absence. The Fire Police Sergeant shall assist the Fire Police Captain and the Fire Chief in any of his or her duties.
Subsection 2K: Engineer
The Engineer is under the direction of the Fire Chief. The Fire Chief shall appoint the Engineer. The Engineer must at all times have the apparatus in running order and good condition. The Engineer shall have the authority to make purchases of supplies to maintain the apparatus up to the limits established in the Fire Chief’s annual budget. The Engineer shall be a member of any committee appointed for the purpose of purchasing, rebuilding, or changing apparatus and equipment.
Subsection 2L: Second Assistant Fire Chief
The Second Assistant Fire Chief (Chief 29-2) shall be the designation of for the duty officer. This shall be appointed from time to time by the Fire Chief as a training/fill-in in the case of the absence of the Fire Chief, Deputy Fire Chief, and First Assistant Chief.
Subsection 2M: EMS Chief
The EMS Chief is under the direction of the Fire Chief. The EMS Chief shall be appointed by the Fire Chief and confirmed by a majority vote of the Board of Directors. The EMS Chief shall be at least a senior EMT with at least five (5) years experience running calls. This includes experience with either emergency transport units or other licensed QRS units. The EMS Chief shall assist the Fire Chief in any of his or her duties. The EMS Chief shall have the authority to make purchase of supplies up to the limits established in the Fire Chief’s annual budget. The EMS Chief shall only have command status in medical incidents. The EMS Chief shall serve ex officio on the Board of Directors with full rights and privileges attaining thereto, however, the EMS Chief shall not have voting rights at a general meeting unless they are an active member in their own right.
Article VIII
Standing Committees
Section 1
The newly elected President shall appoint all Standing Committee members during the January meeting.
Section 2: Budget Committee
The Budget Committee shall consist of the President, Treasurer, and the Engineer. The Budget Committee must approve all budgets given to them by the officers. All expenditures, unless budgeted in excess of $500 excluding utilities and any other monthly bills must be submitted for review by the Budget Committee.
Section 3: Vigilance Committee
The Vigilance Committee shall consist of three (3) members. It shall be the duty of the Vigilance Committee to review any complaints received within ten (10) days of a written warning given in violation of the House Rules, House S.O.P.’s, S.O.G.’s, S.O.P.’s or By-Laws. The Vigilance Committee shall report their findings to the Board of Directors and to the Body of the Company.
Section 4: Ways and Means Committee
It shall be the duty of the Ways and Means Committee to recommend and coordinate fund raising events for the good of the company.
Section 5: Nominating Committee
The Nominating Committee shall consist of three (3) members. It shall be the duty of the Nominating Committee to obtain potential nominees for fire company offices. The Nominating Committee shall obtain the concurrence of their names for nomination. Additional nominees may be accepted from the floor.
Section 6: By-Laws Committee
The By-Law Committee shall consist of three (3) members. The By-Law Committee shall review and update company By-Laws. The By-Law Committee shall interpret the By-Laws. The By-Law Committee shall accept proposed changes in writing to the By-Laws from members, investigate, write for proper wording, and present to the general membership for approval.
Article IX
Order of Fires
Section 1
To avoid confusion at a fire or training, every member shall obey the Fire Chief or acting Incident Officer and no member shall leave his or her post without notifying the person in charge.
Article X
Books, Accounts, and Records
Section 1
The books, accounts, and records of the company shall be audited thirty (30) days prior to the annual meeting and a report of the audit presented at the annual meeting. The books, accounts, and records shall be audited at any time deemed advisable by the Board of Directors.
Article XI
Company Property
Section 1
The property of the company, both real and personal shall be held in the name of the Lewisberry Community Fire Company, located at 105 West Front Street, Lewisberry PA 17339.
Section 2
The company, after review by the Budget Committee, shall purchase real and personal property by authorizing its proper officers to do so in the name of the company. Any selling of real and personal property shall require the affirmative vote of a majority of the active members present at a regular or special meeting.
Section 3
The said company is organized exclusively for charitable purposes as defined under Section 501 (c) (3) of the Internal Revenue Code of 1986. No part of the net earnings of the company shall be insured to the benefit or to be distributed to its members, officer or other private persons, except that the company shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purpose set forth. No substantial part of the activities of the company shall be carrying on of propaganda, or otherwise attempting to influence legislation and the company shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
Section 4
Notwithstanding any other provisions of these Articles, the company shall not carry on any other activities not permitted to be carried out by a corporation exempt from Federal income Tax under Section 501 (c) (3) of the Internal Revenue Service of 1986 or by a corporation’s contribution to which is deductible under Section 170 (c) (2) of the Internal Revenue Service of 1986.
Section 5
In case of the dissolution of the company, the Trustees shall dispose of such personal and real property as may be necessary to pay such debts of the company and any property, real and personal, or the proceeds from the sale of any property, real or personal, after the payment of all debts, shall be held by the Trustees for the benefit of any new fire company organized in the same community and upon such organization the Trustees shall deliver such property to the proper officers of the said new company.
Article XII
Meetings
Section 1
The regular monthly meeting shall be held on the second (2nd) Monday of each month at 7:00 p.m. EST unless change by a majority vote of the active members.
Section 2
Eight (8) active members shall constitute a quorum for the transaction of business at a scheduled monthly meeting.
Section 3
The Annual meeting shall be the regular monthly meeting in December.
Section 4
A member wishing to speak on any question shall rise and address the President. If two (2) members arise at the same time the President shall decide which is entitled to the floor first.
Section 5
A majority shall be required to pass any motion at any meeting of the company, consisting of fifty percent (50%) plus one (1) of active members present and voting.
Section 6
No business shall be conducted after the monthly meeting has adjourned with the exception of special meetings as properly arranged.
Section 7
The Board of Directors shall meet at 7:00 p.m. EST on the fourth (4th) Monday of each month.
Section 8
Five members of the Board of Directors shall constitute a quorum for the purpose of holding a Board of Director meeting.
Section 9
Except where inconsistent with Federal, State, and Local Laws or these By-Laws, fire company proceedings/meetings and business shall be governed by the latest revision of Robert’s Rules of Order.
Article XIII
Order of Business
Article XIV
Nominations and Elections
Section 1
The Nomination Committee shall take nominations from members for officer prior to the regular meeting in November. These nominations shall be kept sealed until the November meeting and/or the annual meeting whichever follows their receipt of the nominations. The Nominating Committee shall then open and report these nominations during the time designated at the November and December meetings. Members may also make nominations from the floor during these times.
Section 2
Voting shall be by secret ballot only. Absentee ballots shall be permitted. Absentee ballots must be given, sealed, in writing, to the Nomination Committee before the annual meeting is called to order. A majority vote of absentee ballots and active members present shall be required to elect an officer.
Section 3
The Term of officer for all officers shall be one (1) year starting at the Adjournment of the annual meeting and terminating at the end of the next annual meeting.
Article XV
Vacancies
Section 1
In the event of a vacant administrative office, the President shall appoint that office. In the event of a vacant line office, the Fire Chief shall appoint that office. These appointments shall be interim appointments and shall stand until the next scheduled general company meeting.
Section 2
In the event of a vacancy of the President or Fire Chief, the Board of Directors shall hold a special meeting at a time designated by the President in the case of a vacancy in the post of Fire Chief, or by the Vice President in the case of a vacancy in the post of President. This meeting must take place within twenty four (24) hours of the Board of Directors being notified of the vacancy. At this meeting, the Board of Directors shall elect, by a majority vote an interim President or Fire Chief to serve until the next general company meeting at which time the active membership of the company shall either confirm the choice of the Board of Directors, or elect a new President or Fire Chief to serve the remainder of the term.
Article XVI
Board of Directors
Section 1
The Board of Directors shall consist of the President, Vice President, Secretary, Treasurer, Fire Chief, EMS Chief, and three (3) Honorary Members appointed by the President.
Section 2
The Board of Directors shall manage the property and business of the company.
Section 3
In addition to the powers and authorities these By-Laws confer upon them, the Board of Directors, acting as a board, shall have the maximum power and authority now or hereafter provided or permitted under the laws of the Commonwealth of Pennsylvania to the Directors of a Pennsylvania non-profit corporation.
Section 4
The Board of Directors may require such officers to be bonded as it shall deem necessary for any amount as it may deem necessary.
Section 5
The Board of Directors shall have the authority, by virtue of a majority vote, to remove from office any officer whom it deems to have failed to fulfill the duties of his or her office or has commited an act to which the Board of Directors considers to reflect adversely upon the reputation of principles of the company.
Section 6
It shall be the duty of the Board of Directors to honour the request of a majority of the active members at any regular meeting to take action regarding any officer or member and to make report of the result of such action at the next regular meeting. The Board of Directors shall be allowed a closed written ballot with no abstentions and the accused shall be notified and given the opportunity to appear before the Board of Directors in his or her own defense, if necessary, prior to any vote to reprimand him or her.
Section 7
The Board of Directors may declare a vacancy of an office of a director if he or she is declared unsound of mind by order of a court or convicted of a felony.
Section 8
Any member of the Board of Directors shall have the right to inspect any books, accounts, and records of the company at any time.
Section 9
The Board of Directors shall have the power to, in an emergency situation to maintain the operations of the company and maintain its readiness.
Section 10
The Board of Directors may be authorized to hire any Board of Director member or officer as an outside vendor at a predetermined compensation approved by the Board of Directors. No Board of Directors member or fire company officer shall receive compensation merely for acting as a director or officer.
Article XVII
Bonds
Section 1
All administrative officers shall be bonded as required by the company
Section 2
The Board of Directors may require such other officers to be bonded as it shall deem necessary for any amount as it deems necessary.
Article XVIII
Penalties and Expulsion
Section 1
No matter the status of a member, all members shall be subject to all penalties.
Section 2
For the neglect of duties respectively prescribed to each of the members of the company and including any of the following:
Subsection 2A
The active officers enumerated below shall have the power to enforce penalties for infractions by the firefighters/EMS members of the company S.O.G.’s and S.O.P.’s published by the Fire Chief from time to time. Penalties may range from a penalty work assignment to an indefinite suspension at the direction of the officer. The active line officers shall have the right to exercise this power under condition of review by the Fire Chief.
Subsection 2B
The President of the company shall have the power to enforce penalties for infractions by all members of the company House Rules and House S.O.P’s as published by the President from time to time. The President shall have the power to enforce penalties for infractions by all members of the company By-Laws. Penalties may range from a penalty work assignment to an indefinite suspension at the direction of the President.
Section 3
The penalties of the company By-Laws will be administered as follows:
First (1st) offense- written warning with an explanation attached
Second (2nd) offense- minimum of 30 days suspension
Third (3rd) offense- minimum 90 days suspension
Fourth (4th) offense- indefinite suspension
At the discretion of the President, penalties may increase for any given offense, depending on the severity of the infraction.
Section 4
Any member making known to any person not a member any derogatory or confidential remarks made at a meeting, or disclosing a vote against a candidate for membership, or any business of the company, they shall be subject to disciplinary actions in accordance with the By-Laws
Section 5
All members willfully damaging anything pertaining to the equipment or building or altering, defacing or damaging the roll or taking property of members from the building, they shall be subject to disciplinary actions in accordance with the By-Laws.
Section 6
All members are responsible for any keys assigned to them and shall not relinquish possession to any other person. Any members who loses a key shall pay replacement costs for a duplicate key. Any member who divulges the door code to any non-member shall be subject to disciplinary action.
Section 7
The Board of Directors and the President shall have the right to revoke any membership from any member who by word or action brings disrepute upon the fire company on or off the fire company property. The same rights apply in the case of any member found to have a criminal history contrary to the operations of the company.
Section 8
Any member shall have the right to appeal an action taken against that member pursuant to sections one (1) through seven (7) of this article. Said appeal shall be filed with the Vigilance Committee within seven (7) days of written notice of the action. Within seven (7) days of the announcement of the decision of the Vigilance Committee, that same person may then appeal to the Board of Directors. That same person may then appeal the decision of the Board of Directors to the body of the company at the next regular company meeting. The body of the company has the final decision, and shall make their decision based on majority vote.
Section 9
It shall be the duty of the Board of Directors and the Vigilance Committee to keep full minutes of the proceedings. These minutes, a report, and a recommendation will be presented to the body of the company in case of appeal to the body. A member of the body will then move for or against upholding the decision of the Board of Directors and then conduct a vote by secret ballot.
Section 10
All expulsions from the fire company must be approved by a majority vote of the body of the company at a regular meeting or a special meeting.
Article XII
Amendments
Section 1
These By-Laws may be altered or amended by a majority vote of all members present at a regular meeting provided the amendments were proposed by the By-Law Committee, and read at a preceeding meeting and the facts were published and made available to the body of the company for thirty (30) days or the active members notified of the proposed changes.
Section 2
This is to certify that the foregoing By-Law were considered and adopted at a regular meeting of the Lewisberry Community Fire Company held on the twelfth (12th) day of March, 2001.
