CONSTITUTION AND BY-LAWS OF THE
LEONARD VOLUNTEER FIRE DEPARTMENT
WHEREAS, Certain laws and regulations are necessary for the good order and well-being of all associations, in order to define duty, to establish discipline, the maintenance of harmony for the full promotion of the object for which we are associated together, do ordain and adopt the following Constitution and By-Laws for our regulation and government, and do hereby pledge ourselves to cheerfully submit to the legally expressed will of the majority, and to support our Officers in the discharge of their duties.
Article I. NAME AND PURPOSE
Section 1.01 - Name
The name of this department shall be the Leonard Volunteer Fire Department.
Section 1.02 - Objective
The object of the department shall be the saving of lives, and the protection of property endangered by fires and other disasters, and to promote the teaching and practice of fire prevention and protection.
Article II. OFFICERS AND DUTIES
Section 2.01 – Types of Officers
This department shall have two different types of officers: business meeting officers and non-business meeting officers.
(a) Business Meeting Officers
(i) President
(ii) Vice President
(iii) Secretary-Treasurer
(iv) Training Officer
(v) Communications Officer
(b) Non-Business Meeting Officers
(i) Fire Chief
(ii) 1st Assistant Chief
(iii) 2nd Assistant Chief
(iv) 4 (Four) Captains
Section 2.02 - Eligibility
Any active member in good standing with the department can serve as one business meeting officer and/or one non-business meeting officer.
Section 2.03 - Term
The term of all officer positions shall be one calendar year beginning on January 1st and ending on December 31st.
Section 2.04 - Election
(a) The general election shall be held at the December business meeting each year. The nomination shall be by any active member in attendance and voted on by secret ballot. The active member that receives majority vote by voting body in attendance shall win the nomination.
(b) In case of dismissal, expulsion, resignation, total disability, or death of an active officer, he/she shall be replaced within two regularly scheduled business meetings.
Section 2.05 – Officer Duties
(a) President - It shall be the duty of the President to preside at all meetings of the department; he/she shall sign all minutes, resolutions, financial paperwork, orders and summons of the department; as well as these By-Laws and Amendments thereto. He/she shall do such other and further things as the department may direct.
(b) Vice-President - The Vice-President shall act and have all authority of the President in his/her absence and shall do such other and further things as the department may direct.
(c) Secretary-Treasurer - It shall be the duty of the Secretary-Treasurer to keep a record of all department business, a roster of all fire department personnel and an account of the department's finances. He/she shall have the authority to collect all monies due the department and shall keep a record of the same. He/she shall render an annual report of all monies received and disbursed during the year and submit his/her books to the proper committee for inspection at least one week before the annual meeting. It shall be the duty of the Secretary-Treasurer to keep a record of all fire alarms, meetings, drills and other activities of the department showing a list of those in attendance. He/she shall be in charge of all department correspondence. He/she shall pay no order or account unless certified by at least two members of the executive committee. He/she shall transfer to his/her successor all books, paper, stocks or other collateral belonging to the department within one week after the termination of his/her office.
(d) Training Officer – It shall be the duty of the Training Officer to plan and carry out all trainings required for the department. He/she shall lead the meetings dedicated to trainings. He/she shall also recommend the purchase of suitable training manuals, textbooks and other instructional material.
(e) Communications Officer – It shall be the duty of the Communications Officer to keep all communications equipment (portable radios, mobile radios, paging systems, siren, ect) up to date and in working order. He/she shall also be responsible for working with outside media outlets and speaking on behalf of the department.
(f) EMS Administrator – It shall be the duty of the EMS Administrator to evaluate and sign the Leonard Volunteer Fire Department first responder protocols and keep the department registered and in good standing with the State and County medical director. He/she shall also work with the county EMS service provider as well on any medical procedures they may need.
(g) Fire Chief - It shall be the duty of the Fire Chief to assume full charge of all members, apparatus, and equipment, while on parade, at drills, at conventions, and at fires or other emergencies requiring the services of the department. He/she shall have the right to call out any and all members and apparatus for any purpose incidental to this office. He/she shall assume full responsibility for all fire equipment and see to its proper care and maintenance. It shall be his/her responsibility to recommend the purchase of new equipment. He/she shall see that adequate training programs are conducted in the department and shall acquaint himself/herself with all new firefighting methods by attending fire schools, drills and conferences. He/she shall see that proper discipline is maintained in the department.
(h) Assistant Fire Chiefs - The Assistant Fire Chiefs shall be under the orders of the Fire Chief, and in his/her absence shall succeed to his duties and authority in the order of their respective rank.
(i) Captains
(i) It may be the duty of the Captain to take command of his/her company at all fires, drills, parades and other public appearances. He/she shall be held responsible for the action and discipline of his/her company. He/she shall have the authority to dismiss any member of his company for insubordination. It shall be his/her duty to see that the equipment in his/her charge is in good repair and ready for service. It shall be his/her duty to report any loss or breakage of equipment to the Chief immediately.
(ii) There shall be 4 captains. Three of which will be fire scene captains and one captain will be an EMS/Fire Scene captain.
Article III. MEMBERSHIP
Section 3.01 New Membership:
(a) Eligibility - Any male/female resident of Leonard, Texas, or having resided within 8 miles of the Fire Station who has attained the age of 18 years old and who is in good physical condition may apply for membership in the department and will become a member after receiving a favorable report from the executive committee and a majority vote of the members present at any regular meeting. All applications shall contain the endorsement of at least two active firemen, it shall be read at the first meeting of the department following date of filing and shall not be voted upon until the next regular meeting. If a vacancy exists, a secret ballot or vote by hand, whichever the President deems necessary, is taken and if the applicant receives majority vote, he/she shall be declared an active member of the department.
(b) The executive committee shall investigate the moral character and physical condition of all applicants. Their findings will be reported to the department and any member of the department who makes public the findings of this committee, upon being found guilty, will be dismissed from the department.
(c) Probationary Status – Any newly elected member shall serve in a probationary member status for a time period of 180 days from the date he/she was elected. During this time, he/she shall be required to complete all training requirements on all apparatus and tools and shall not be allowed to drive or operate any apparatus until said training has been completed and member has been cleared to do so by the executive committee.
(d) PPE Checkout and Scene Duties of Probationary Member – Any member in probationary status shall receive PPE only when the executive committee agrees to check out. Probationary members shall not be allowed to enter dangerous areas of any scene without the leadership of an active member until probationary member is cleared by the executive committee to do so.
Section 3.02 There shall be three types of membership after the probationary period.
(a) Active
(i) Must not be absent from three consecutive meetings of the department without legal excuse approved by the executive committee.
(ii) Active members shall be required to make 25% of all calls for each calendar year.
(iii) Active members shall be required to make 50% of total meetings and trainings for each calendar year.
(iv) Active members shall make up the overall voting body of the department for all called meetings.
(b) Reserve
(i) Any member not able to comply with the guidelines of an active member for reason that is approved prior to not meeting such conditions by the executive committee but wishes to still be able represent and participate in calls shall be placed in a reserve status.
(ii) Reserve members shall have no voting rights at called meetings.
(iii) Must attend 15% of total calls for each calendar year.
(iv) Must attend 50% of trainings for each calendar year.
(c) Retired
(i) Any member that wishes after serving the department for a total of 25 cumulative years, shall be placed in retired status.
(ii) Member must be 65 years of age.
(iii) These members shall receive a benefit of $100 per year.
(iv) In the event of death, if still living, the retired members spouse shall receive a benefit of $75 per year.
(v) These payments will be reviewed by the chief and be paid January of each year.
Section 3.03 – Member Rules
(a) In case of dismissal, expulsion, resignation, total disability, or death of an active member, the Secretary shall, in writing, certify such facts to the City Council and other authorities who, for legal purposes, are furnished a roster of the department.
(b) Any member whose name has been dropped from the rolls, shall deliver any property belonging to the department, which he/she may have in his/her possession, to any member of the executive committee of the department.
(c) Any member who reports for duty at a fire, drill or parade, in a state of intoxication, shall be subject to expulsion from the department.
(d) Any officer or member of the department who knowingly fails to report an intoxicated member as provided in Section 3.03(c), shall be at risk of expulsion.
(e) If any officer or member of the department be charged with improper conduct while discharging his/her duty as a fireman, or at any function sponsored by the fire department, the charges shall be made in writing, signed by the member making such charges, and filed with the Secretary. The Secretary will then furnish the accused member with a copy of the charges and require him/her to make his/her defense before the department, which, if he/she refuses to make within one month, after having been so notified, he shall be dismissed from the department.
(f) For gross neglect of duty an officer may be charged before a regular meeting of the department. After presenting his/her defense and if found guilty by a two-thirds majority of the members present, he/she shall be dismissed from the department.
(g) Any excused absence must be made to the department at its regular meeting by the defaulter in person, unless he/she is unable to attend, due to absence from the city, sickness, or some other unavoidable cause, in which case a written excuse must be filed with the Secretary for action by the department. Sickness of the member, or in the family of a member, absence from the city, or business conditions being of such nature that prevented his/her leaving his/her work, shall constitute the only legal excuses.
Section 3.04 – Review
All membership status shall be reviewed by the executive committee in January of each year.
Article IV. COMMITTEES
Section 4.01 – Standing Committees
(a) Executive Committee
(i) This committee shall be made up of by all officers and any other member appointed by the active membership. Any elected officer shall be placed on the executive committee automatically. Any outgoing officer shall be removed from this committee at election meeting or meeting of resignation.
(ii) This committee has a monthly spending allowance of up to $10,000 for purchases. Each purchase made shall be reported at the next business meeting after said purchase.
(iii) This committee shall review membership for active, reserve, and possible recruits.
(iv) This committee shall have the power to make exceptions for membership based on a per member basis.
(v) This committee shall do such other and further things as the department may direct.
Section 4.02 – Other Committees
(a) The membership may elect to form new committees for specific purposes. These committees shall be reviewed by the executive committee at the January meeting.
Article V. MEETINGS
Section 5.01 – Regular Business
The regular business meetings of this department shall be held on the 3rd Monday of each month at 7:30 PM throughout the year. The place of the meeting shall be selected by the Fire Chief to attract the most members.
Section 5.02 – Regular Training
The regular training meetings of this department shall be held on the 1st Monday of each month at 7:30 PM throughout the year. The place of the meeting shall be selected by the Fire Chief to attract the most members.
Section 5.03 – Special Meetings
Special meetings of the members of the department for any purpose or purposes may be called at any time by the Fire Chief or the officers.
Section 5.04 – Quorum
A majority of the active membership shall constitute a quorum for the conduct of the official business of the department. The act of a majority of the active membership present at a meeting at which a quorum is in attendance shall constitute the act of the department unless the act of greater number is required by law or bylaw.
Article VI. ARTICLE VI - AMENDMENTS
Section 6.01 – New Amendment Presentation
Any proposed amendment to this Constitution and By-Laws shall be presented at any regular meeting by ten members filing in writing with the Secretary of the department, the amendment offered to be voted. The Secretary shall read the proposed amendment and following the second reading at the next regular meeting if such amendment receives a “two-third majority vote of a quorum of active members present”, said amendment shall become a part of the Constitution and By-Laws.
Section 6.02 – Newly Adopted Amendments
(a) Amendments that pass shall be added to bylaws and signed as soon as possible. If section is revised with amendment newly amended section shall take place of old section.
(b) Passed amendments shall be effective immediately after amendment motion passes.
APPROVAL & AMENDMENT DATES & NOTES
1. The above Constitution and By-Laws were adopted by the members of the Leonard Volunteer Fire Department at a meeting in the City of Leonard, Texas on the 18th day of February 2019.
2. On March 15, 2021 the department voted to amend bylaws adding captains to our officers. Article 2 section 2.01 and 2.05 were amended.