Wales Center Volunteer Fire Company
12300 Big Tree Rd., PO Box 124, Wales Center, NY 14169-0124

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By-Laws of the Fire Company

As Amended 07/07/2008

Whereas, for the proper management and regulation of the Wales Center Volunteer Fire Company, Incorporated, it is necessary to adopt rules and regulations for the guidance of its Officers, Firefighters and Members. Therefore, be it resolved that We, as Firefighters and Members, do hereby adopt and pledge ourselves to abide and enforce the By-Laws, as adopted.

ARTICLE I

SECTION I - NAME

The name of this corporation is the Wales Center Volunteer Fire Company, Inc., with the principal office located in Wales Center, County of Erie, State of New York. The Company shall mean the Corporation.

SECTION II - PURPOSE

The purpose and objective of this Company is the protection of life and property, the prevention and extinguishment of fire and the provision of emergency rescue and emergency medical services (EMS).

ARTICLE II

ARTICLE II - MEMBERSHIP

SECTION I - GENERAL REQUIREMENTS

  1. An individual who is of good moral character, and who meets the requirements of all laws and regulations applicable to this Company, including class-specific requirements, may apply for membership.

  2. An applicant's signature on the application form shall be considered authorization for the Company to gather information and conduct background investigations, at the Company's discretion, as determined by the Board of Directors.

  3. An applicant for membership must pass an arson conviction background investigation, which shall be conducted by the Erie County Sheriff's Organization, or any other duly recognized law enforcement agency. Any person convicted of arson in any degree shall be denied membership, as mandated by law.

SECTION II - ACTIVE MEMBERS

  1. GENERAL

    The active membership of the Company shall be limited to seventy-five (75) Members, at least eighty percent (80%) of which shall be residents of the Wales Center Fire Protection District. The remainder may be residents of adjoining Fire Districts or Fire Protection Districts, and/or be employees of established businesses that are located in the Wales Center Fire Protection District. Such residency shall have been for a period of not less than six (6) months. Upon reaching the quota of seventy-five (75) Members, the Company shall continue to accept applications for membership. The applications shall be placed on a waiting list in the order in which they were received by the Recording Secretary. As a result of attrition, the applicants shall be considered for membership. Any exception to these requirements must be approved by the Board of Directors.

  2. APPLICATION PROCESS

    1. An applicant for membership as a new Member must review the current By-Laws, complete an application, and be sponsored by two (2) Active Members that are at least eighteen years of age. The application form, along with an application fee of five ($5) dollars, shall be submitted to the Board of Directors for consideration. Upon approval by the Board, the application shall be brought before the general membership at the next regular monthly meeting, where a secret ballot shall be taken. An affirmative vote of the majority present shall install the applicant as a probationary Active Member. Upon acceptance, the applicant must show proof of an approved firefighter physical exam. Should an application be rejected, the application fee shall be returned and the applicant shall not be permitted to reapply for a period of one (1) year.

    2. An applicant for membership as a transfer from any other duly recognized Volunteer Fire Company or Volunteer Fire Department may become an Active Member of the Company by reviewing the current By-Laws, completing an application, paying the current year's dues, and applying for membership within one (1) year of leaving his/her former agency. Such an application shall require neither sponsors nor initiation fee, but shall be accompanied by a statement from the former company indicating that the applicant was in good standing at the time of departure. The application shall be brought before the general membership at the next regular monthly meeting, where a secret ballot shall be taken, unless an objection is raised by any Member. If an objection is raised, the application shall be processed in the same manner as a new application. If no objection is raised, an affirmative vote of the majority present shall install the applicant as a probationary Active Member. Upon acceptance, the applicant must show proof of an approved firefighter physical exam. Should an application be rejected, the applicant shall not be permitted to reapply for a period of one (1) year, and any subsequent application shall be required to be sponsored by two (2) Active Members that are at least eighteen years of age, and shall be processed as an application for new membership.

    3. An applicant for membership as a reinstatement must review the current By-Laws, and complete an application. Such an application shall require neither sponsors nor application fee. The application form shall be submitted to the Board of Directors for consideration. Upon approval by the Board, the application shall be brought before the general membership at the next regular monthly meeting, where a secret ballot shall be taken. An affirmative vote of the majority present shall re-install the applicant as an Active Member. Upon acceptance, the applicant must show proof of an approved firefighter physical exam. Should an application be rejected, the applicant shall not be permitted to reapply for a period of one (1) year, and any subsequent application shall be required to be sponsored by two (2) Active Members that are at least eighteen years of age.

  3. PROBATION

    1. Active membership shall be of a probationary nature for a minimum of six (6) months and a maximum of twelve (12) months after the date of election to membership.

    2. Each Active Member shall attend an orientation session provided by the Company. Active Members must successfully complete the Basic Firefighting 2000 course within the first year of membership. Additional training may be given by the Firematic Officers, or available through county, state and/or federal courses.

    3. During the probationary period, the Board of Directors and Fire Chief shall review these Members for active status and/or drop them from the membership roll.

    4. During the probationary period, new Members shall not be permitted to nominate or second nominations or vote at elections, but shall have the right to vote on general issues and motions.

    5. Upon request of the Fire Chief, and with the approval of the Board of Directors, the probation period of an Active Member may be extended for just cause.

  4. DUTIES AND RESPONSIBILITIES

    The duties of an Active Member shall include, but are not limited to: attending a reasonable amount of emergency calls; attending meetings, drills and activities; fulfilling radio check assignments; assisting the Company in fund raising activities and helping to maintain Company property.

    1. PARTICIPATION REQUIREMENTS

      In order to maintain active status, Active Members shall be required to attain in the current year (November 1st through October 31st, inclusive) a minimum percentage of participation, as defined below. At least one half of the required percentage must be attained through response to emergency incidents.

      ACTIVE YEARS % OF TOTAL ACCUMULATIVE POINTS
      00 to 05 25%
      06 to 10 20%
      11 to 15 15%
      Over 15 10%

    2. PARTICIPATION BASIS

      The total number of fire and emergency calls, drills and activities during the current year shall establish the basis from which the one hundred (100%) percent shall be determined. Active Members may attain points by any combination of the following:

      1. Emergency Incidents – this category shall include, but not be limited to, fire calls, EMS calls, fire police details and other calls, such as floods, traffic control or other hazards. One (1) point shall be awarded for each emergency incident.

      2. Drills – this category shall include, but not be limited to, fire drills, EMS drills, and fire police drills. Two (2) points shall be awarded for attendance at and participation in each drill.

      3. Activities – this category shall include, but not be limited to:

        1. Fund Raising Events – this subcategory shall include, but not be limited to, Bell Jar, Sportsman’s Raffles and Solicitations. One (1) point shall be awarded for each event.

        2. Grounds Maintenance – this subcategory shall include, but not be limited to, mowing the lawn, and shoveling snow. One (1) point shall be awarded for each task.

        3. Hall Maintenance – this subcategory shall include, but not be limited to, washing windows and doors, emptying trash and putting out recyclables for pickup. One (1) point shall be awarded for each task.

        4. Monitoring Hall Activities – this subcategory shall include, but not be limited to, being present at the hall during rentals by non-Members (Senior Citizens, Kiwanis, etc.). Two (2) points shall be awarded for each activity.

        5. Training Sessions – this subcategory shall include, but not be limited to, formal firematic, EMS, and fire police schools. One (1) point shall be awarded for each class attended, either as instructor or student.

        6. Vehicle Maintenance – this subcategory shall include, but not be limited to, performing minor mechanical and/or electrical repairs on Company vehicles. One (1) point shall be awarded for each task.

        7. Other Activities – this subcategory shall include, but not be limited to, attendance at parades and memorials, participation in waterball competitions, and radio check assignments. One (1) point shall be awarded for each activity.

      4. Elected Officer – this category shall include firematic and corporate offices. Five percent shall be awarded for each elected office held.

      5. Appointed Officer – this category shall include firematic and corporate offices. Five percent shall be awarded for each appointed office held.

      6. Active Committee Participation – this category shall include both standing and ad hoc committees. Two (2) points shall be awarded for active participation on each committee.

    3. PARTICIPATION CREDIT

      In order to receive proper credit, all Active Members shall return to the fire hall after each event, task or incident and sign the Call-Book, unless relieved by the Officer-in-Charge. However, Active Members shall still be responsible for signing the Call-Book at their earliest availability.

    4. EXCEPTIONS

      1. The Board of Directors shall consider a reduced response requirement for any Active Member who was elected to membership during the call year under review, providing that all other requirements for Active Member status, including class-specific requirements, have been met.

      2. Upon written request, the Board of Directors shall consider a reduced points requirement for any Member who is a full-time student, providing that all other requirements for Active Member status, including class-specific requirements, have been met.

      3. Upon written request, the Board of Directors shall consider a leave of absence from active status for compelling reasons such as, but not limited to: military commitments, attendance at distant schools, temporary employment transfers, etc. Active Members on leave of absence shall be permitted to respond to emergency calls, providing that all other requirements for Active Member status, including class-specific requirements, have been met.

      4. If a Member is unable to attend monthly meetings, credit for attendance shall be given if the Member attended a Firematic or EMS School on that night. Credit for attendance may be given if a written letter, informing the Company of the circumstances, is received by the Vice President and the Recording Secretary no later than the next Board of Directors meeting, and approved by the Board of Directors. A blanket letter may be submitted only if the Member has a scheduled work or school commitment; such blanket letters shall not be accepted for potential and/or possible commitments.

  5. ACTIVE MEMBERSHIP CLASSES

    1. MULTI-CLASS

      1. Active Members shall be permitted to belong to more than one membership class.

      2. If an Active Member belongs to more than one membership class, the Member shall be required to meet the minimum requirements of each qualifying membership class.

      3. If an Active Member belongs to more than one membership class, the Member shall be required to attend and participate in the minimum hours of drills specified for each class.

      4. If an Active Member belongs to more than one membership class and there is a conflict due to varying lengths of service, the lowest applicable required participation percentage shall apply.

    2. FIREFIGHTER

      1. An applicant for membership as a Firefighter shall be at least sixteen (16) years of age.

      2. Firefighters under the age of eighteen shall also be governed by rules and regulations set forth in Article II, Section IV (Explorers) of these By-Laws.

      3. Firefighters must have or attain within the first year of membership or prior to reaching the age of twenty (20), whichever occurs later, a New York State certification as Basic Firefighting 2000.

      4. Firefighters are required annually to attend at least six (6) general membership meetings; attend and participate in a minimum of eight (8) hours of Company fire drills; meet all New York State and OSHA requirements (physicals, mandated training, etc.); and obtain in the current year (November 01st through October 31st, inclusive) at least the participation percentage as specified above in Article II, Section II, Subsection D(1) of these By-Laws.

    3. EMS PROVIDER

      1. An applicant for membership as an EMS provider shall be at least sixteen (16) years of age.

      2. EMS Providers under the age of eighteen shall also be governed by rules and regulations set forth in Article II, Section IV (Explorers) of these By-Laws.

      3. EMS Providers eighteen (18) years of age or older must have or attain within the first year of membership or prior to reaching the age of twenty (20), whichever occurs later, a New York State certification as an Emergency Medical Technician with Defibrillation Certification (EMT-D) or higher.

      4. EMS Providers are required annually to attend at least six (6) general membership meetings; attend and participate in a minimum of eight (8) hours of Company EMS drills; meet all New York State and OSHA requirements (physicals, mandated training, etc.); meet all continuing medical education requirements; remain current in all certifications; and obtain in the current year (November 01st through October 31st, inclusive) at least the participation percentage as specified above in Article II, Section II, Subsection D(1) of these By-Laws.

    4. FIRE POLICE OFFICER

      1. An applicant for membership as a Fire Police Officer shall be at least twenty-one (21) years of age.

      2. Fire Police Officers must have or attain within the first year of membership an Erie County or New York State certification as a fire police officer, and must have been duly sworn to duty by an eligible Officer of the Town of Wales.

      3. Fire Police Officers are required annually to attend at least six (6) general membership meetings; attend and participate in a minimum of four (4) hours of Company fire police drills; meet all New York State and OSHA requirements (physicals, mandated training, etc.); and obtain in the current year (November 01st through October 31st, inclusive) at least the participation percentage as specified above in Article II, Section II, Subsection D(1) of these By-Laws.

  6. PRIVILEGES

    Active Members who meet the minimum requirements are entitled to all social privileges set forth by the Company.

    In addition, Active Members shall receive the following privileges:

    1. Active Members shall be issued a key for the fire hall.

    2. Active Members shall be issued a radio receiver, if units are available. Such units shall be issued to Active Members in the order of the date of acceptance into membership.

    3. Active Members shall be issued a firematic pager, if units are available. Such units shall be issued to Active Members in the order of the date of acceptance into membership.

    4. Active Members shall be permitted to bring immediate family into the fire hall.

    5. Active Members shall be permitted to bring guests other than immediate family into the fire hall.

  7. RESTRICTIONS

    1. Active Members who do not have a current firefighter physical shall have limits imposed on their membership by the Fire Chief. Such restrictions may include any action up to and including suspension of active status. Any Active Member subject to limitations for more than thirty (30) days shall automatically be suspended from active status, unless excused by the Fire Chief and the Board of Directors. When applicable, such Members shall be offered the options of requesting a leave of absence, or changing membership class to that of Inactive-Exempt or Social Member.

    2. Active Members who fail to maintain their active status shall have limits imposed on their membership by the Board of Discipline and Review. Such restrictions may include any action up to and including forfeiture of membership. Any Active Member subject to limitations for any part of two or more consecutive years shall automatically forfeit active membership, unless excused by the Board of Discipline and Review. When applicable, such Members shall be offered the option of changing membership class to that of Inactive-Exempt or Social Member.

    3. Active Members who are on Worker's Compensation or Disability shall notify the Company within seven (7) days. Such Members shall be subject to all restrictions set forth by the controlling medical agency and/or their physician, and may be subject to additional restrictions imposed by the Company. At the discretion of the Fire Chief or the Officer-in-Charge, such Members may be permitted to observe at, but not participate in, drills and other training exercises. In order to remove all restrictions and return to active duty, such Members shall be required to submit written proof of release from the controlling medical agency and/or their physician.

    4. Active Members who are on any other medical restriction(s) shall notify the Company within seven (7) days. Such Members shall be subject to all restrictions set forth by the controlling medical agency and/or their physician, and may be subject to additional restrictions imposed by the Company. At the discretion of the Fire Chief or the Officer-in-Charge, such Members may be permitted to observe at and/or participate in drills and other training exercises, as permitted within their medical restriction(s). In order to remove all restrictions and return to active duty, such Members shall be required to submit written proof of release from the controlling medical agency and/or their physician.

  8. EXEMPT STATUS

    Active Members who have served as such for a period of not less than five (5) years, and are entitled to certificates as Exempt Firefighters under the General Municipal Law, and who wish to remain active, are entitled to Active-Exempt status, upon written request to the Board of Directors. Active-Exempt Members shall have all of the same rights and privileges as Active Members.

  9. DUES

    Dues for Active and Active-Exempt Members are one dollar ($1.00) per year.

SECTION III - INACTIVE MEMBERS

  1. EXEMPT STATUS

    Active Members who have served as such for a period of not less than five (5) years, and are entitled to certificates as Exempt Firefighters under the General Municipal Law, and who choose not to perform emergency service duty of any nature are entitled to Inactive-Exempt Member status, upon written request to the Board of Directors.

  2. PRIVILEGES

    Inactive-Exempt Members shall have the right to attend and speak at meetings, without the right to vote therein, and shall enjoy the same social privileges as Active Members.

  3. DUES

    Dues for Inactive-Exempt Members are three dollars ($3.00) per year.

SECTION IV - EXPLORER POST #251

  1. GENERAL

    The active Explorer membership of Explorer Post #251 shall be limited to fifteen (15) Explorers, at least one third (33%) of which shall be residents of the Wales Center Fire Protection District. The remainder may be residents of adjoining Fire Districts or Fire Protection Districts and/or be students of the Iroquois Central School system. Such residency shall have been for a period of not less than six (6) months. There shall not be a limit on the number of Explorer Advisors.

  2. EXPLORER MEMBERSHIP CLASSES

    1. EXPLORER ADVISOR

      1. APPLICATION PROCESS

        An applicant for membership as an Explorer Advisor shall be at least eighteen (18) years of age. The applicant must review the By-Laws, complete an application, and be sponsored by one (1) Active Member eighteen years of age or older or an Explorer Advisor. The form, accompanied by an application fee of five ($5) dollars, shall be submitted to the Board of Directors for consideration. Upon approval by the Board, the application shall be brought before the general membership at the next monthly meeting, where a secret ballot shall be taken. An affirmative vote by the majority present shall install the applicant as an Explorer Advisor. Should an application be rejected, the initiation fee shall be returned, and the applicant cannot reapply for a period of six (6) months.

      2. PROBATION

        1. Explorer Advisor membership shall be of a probationary nature for a minimum of three (3) months and a maximum of six (6) months after the date of election to membership.

        2. Each Explorer Advisor shall attend an orientation session provided by the Company. Explorer Advisors must attend the Explorer Firefighter Apprentice Training Level 1 (EFAT-1) course within the first year of membership. Additional training may be given by the Firematic Officers, or available through county, state and/or federal courses, or through the Boy Scouts of America program.

        3. During the probationary period, the Board of Directors and Fire Chief shall review these Explorer Advisors for active status and/or drop them from the membership roll.

        4. Upon request of the Fire Chief, and with the approval of the Board of Directors, the probation period of an Explorer Advisor may be extended for just cause.

      3. DUTIES AND RESPONSIBILITIES

        1. The duties of a Explorer Advisor shall include, but are not limited to, providing leadership, guidance and mentoring for Explorers; attending, when available, a reasonable number of fire and emergency medical services calls; attending meetings, drills and activities; assisting the Explorers in fund raising activities and helping to maintain Company property.

        2. Explorer Advisors are required annually to attend at least eight (8) hours of Company drills.

        3. Explorer Advisors must sign the Call-Book after each incident, event, task or activity.

      4. PERMITTED ACTIVITIES

        1. Explorer Advisors shall be issued a key for the fire hall.

        2. Explorer Advisors shall be allowed to participate in all Company functions, including emergency calls, drills, activities, and the like.

        3. Explorer Advisors shall be permitted to attend and speak at Company meetings, without the right to vote therein on any matter not pertaining to the Explorer Program.

        4. Explorer Advisors shall be issued radio receivers, if units are available. Such units shall be issued to Explorer Advisors in order of the date of acceptance into the Program.

        5. Explorer Advisors shall respond directly to the fire hall. Explorer Advisors shall report directly to a Fire Chief, the Officer-in-Charge, or a Firematic Officer. Explorer Advisors may be permitted to respond to a scene from the fire hall, at the discretion of a Fire Chief, the Officer-in-Charge, or a Firematic Officer.

        6. Explorer Advisors shall be permitted to ride on fire apparatus only at the discretion of a Fire Chief, the Officer-in-Charge, or a Firematic Officer, and only under the direct supervision of a Fire Chief, the Officer-in-Charge, a Firematic Officer, or a Responsible Member.

        7. Explorer Advisors shall be permitted to handle charged fire lines only when assisted by an experienced Firefighter and under the direction of a Firematic Officer.

        8. Explorer Advisors shall be permitted into safe fire situations or buildings only when assisted by an experienced Firefighter and under the direction of the Firematic Officer-in-Charge.

        9. Explorer Advisors may be issued firematic pagers, if units are available. Such units shall be issued to Explorer Advisors in order of the date of acceptance into the Program.

        10. Explorer Advisors shall be permitted to bring immediate family into the fire hall.

        11. Explorer Advisors shall be permitted to bring guests other than immediate family into the fire hall.

      5. RESTRICTIONS

        The following restrictions shall not apply if the Explorer Advisor is an Active Member of the Company.

        1. Explorer Advisors shall not be permitted to have, possess or use an emergency (blue or red) light.

        2. Explorer Advisors shall not be permitted to enter a burning building or any other hazardous situation or area.

        3. Explorer Advisors shall not be permitted to drive any fire apparatus.

        4. Explorer Advisors shall not be permitted to respond to or participate in any mutual aid call outside of the Wales Center fire protection district, except to assist with standby duties at the Wales Center fire hall.

    2. EXPLORER

      1. APPLICATION PROCESS

        An applicant for membership as an Explorer shall be at least fourteen (14) but not more than seventeen (17) years of age. The applicant must review the By-Laws, complete an application, be sponsored by one (1) Active Member eighteen years of age or older, or be sponsored by an Explorer Advisor, and the application form must be signed by a legal guardian. The form, accompanied by an application fee of five ($5) dollars, shall be submitted to the Board of Directors for consideration. Upon approval by the Board, the application shall be brought before the general membership at the next monthly meeting, where a secret ballot shall be taken. An affirmative vote by the majority present shall install the applicant as an Explorer. Should an application be rejected, the initiation fee shall be returned, and the applicant cannot reapply for a period of six (6) months.

      2. PROBATION

        1. Explorer membership shall be of a probationary nature for a minimum of three (3) months and a maximum of six (6) months after the date of election to membership.

        2. Each Explorer shall attend an orientation session provided by the Company. Explorers must successfully complete the Explorer Firefighter Apprentice Training Level 1 (EFAT-1) course within the first year of membership. Additional training may be given by the Firematic Officers, or available through county, state and/or federal courses, or through the Boy Scouts of America program.

        3. During the probationary period, the Board of Directors and Fire Chief shall review these Explorers for active status and/or drop them from the membership roll. Each Explorer shall be subject to review by the Board of Discipline and Review at any time for misconduct, poor performance, and/or lack of interest.

        4. Upon request of the Fire Chief, and with the approval of the Board of Directors, the probation period of an Explorer may be extended for just cause. Any violation of the By-Laws shall be considered reasonable cause for extension of the probation, suspension from the Program, or dismissal from the Company.

      3. DUTIES AND RESPONSIBILITIES

        1. The duties of a Explorer shall include, but are not limited to, attending, when available, a reasonable number of fire and emergency medical services calls; attending meetings, drills and activities; assisting the Company in fund raising activities and helping to maintain Company property.

        2. Explorers are required annually to attend at least eight (8) hours of Company drills.

        3. Explorers must sign the Call-Book after each incident, event, task or activity.

      4. PERMITTED ACTIVITIES

        1. Explorers shall be allowed to participate in Company functions, including emergency calls, drills, and the like during the hours of 08:00 (08:00 AM) to 23:00 (11:00 PM) only. Explorers shall be allowed to participate in social activities, whether organized or not, at any time, provided that any activity during the hours of 23:00 (11:00 PM) to 08:00 (08:00 AM) shall only be permitted if immediately preceding a day on which they have no educational commitment and only with the permission of a parent or guardian. Such after-hours activities must be under the supervision of a responsible Member.

        2. Explorers shall be permitted to attend and speak at Company meetings, without the right to vote therein.

        3. Explorers shall be issued radio receivers, if units are available. Such units shall be issued to Explorers in order of the date of acceptance into the Program.

        4. Explorers shall respond directly to the fire hall. Explorers shall report directly to a Fire Chief, the Officer-in-Charge, a Firematic Officer, or an Explorer Advisor. Explorers may be permitted to respond to a scene from the fire hall, at the discretion of a Fire Chief, the Officer-in-Charge, a Firematic Officer, or an Explorer Advisor.

        5. Explorers shall be permitted to ride on fire apparatus only at the discretion of a Fire Chief, the Officer-in-Charge, or a Firematic Officer, and only under the direct supervision of a Fire Chief, the Officer-in-Charge, a Firematic Officer, an Explorer Advisor, or a Responsible Member.

        6. Explorers shall be permitted to handle charged fire lines only when assisted by an experienced Firefighter and under the direction of a Firematic Officer.

        7. Explorers shall be permitted into safe fire situations or buildings only when assisted by an experienced Firefighter and under the direction of the Firematic Officer-in-Charge.

        8. An Explorer sixteen (16) years of age or older, and having been an Explorer in good standing for not less than one year, may, upon the recommendation of an Explorer Advisor and at the discretion of the Fire Chief and the Board of Directors, be issued a pager, if a unit is available.

        9. Explorers may be permitted to participate in mutual aid calls at the discretion of the Fire Chief, an Assistant Fire Chief, the Officer-in-Charge, a Firematic Officer, or an Explorer Advisor; such Explorers may ride on Company apparatus if there is adequate room. Participation in mutual aid incidents and events is still regulated by the hours set forth in Subsection (d)(i) of this Section.

      5. RESTRICTIONS

        1. Explorers shall not be issued a key for the fire hall.

        2. Explorers shall not be permitted to bring a guest into the fire hall except under the direct supervision of a responsible Member. With appropriate supervision, an Explorer may bring one guest into the fire hall.

        3. Explorers shall not be permitted to have, possess or use an emergency (blue) light.

        4. Explorers shall not be permitted to enter a burning building or any other hazardous situation or area.

        5. Explorers shall not be permitted to drive any fire apparatus.

        6. Explorers shall not be permitted to respond to or participate in any mutual aid call outside of the Wales Center fire protection district, except to assist with standby duties at the Wales Center fire hall and as permitted by Subsection (d)(ix) of this Section.

        7. An Explorer under sixteen (16) years or age, or having been an Explorer in good standing for less than one year, shall not be issued a pager.

      6. CHANGE OF MEMBERSHIP CLASS

        Upon reaching the age of sixteen (16), an Explorer may apply for membership as a Firefighter; or at the age of eighteen (18), an Explorer may apply for membership as a Firefighter or EMS Provider by completing an appropriate application. Such application shall require neither sponsors nor application fee, but shall be accompanied by a letter from an Explorer Advisor or a Fire Chief indicating that the applicant is in good standing. The application shall be brought before the general membership at the next regular monthly meeting, where a secret ballot shall be taken, unless an objection is raised by any Member. If an objection is raised, the application shall be processed in the same manner as a new application. If no objection is raised, an affirmative vote of the majority present shall install the applicant as a probationary Active Member. Upon acceptance, the applicant must show proof of an approved firefighter physical exam.

  3. DUES

    Dues for Explorer Advisors and Explorers are one dollar ($1.00) per year.

SECTION V - SOCIAL MEMBERS

  1. GENERAL REQUIREMENTS

    The social membership of the Company shall be limited to residents of the Wales Center Fire Protection District, residents of adjoining Fire Districts or Fire Protection Districts, and/or be employees of established businesses that are located in the Wales Center Fire Protection District. Such residency shall have been for a period of not less than six (6) months. Any exception to these requirements must be approved by the Board of Directors. There shall not be a limit on the number of Social Members.

  2. APPLICATION PROCESS

    An applicant for membership as a Social Member shall be at least twenty-one years of age. The applicant must review the By-Laws, complete an application, and be sponsored by one (1) Active Member eighteen years of age or older. The form, accompanied by an application fee of fifteen ($15) dollars, shall be submitted to the Board of Directors for consideration. Upon approval by the Board, the application shall be brought before the general membership at the next monthly meeting, where a secret ballot shall be taken. An affirmative vote by the majority present shall install the applicant as a Social Member. Should an application be rejected, the initiation fee shall be returned, and the applicant cannot reapply for a period of one (1) year.

  3. PROBATION

    1. Social membership shall be of a probationary nature for a minimum of six (6) months and a maximum of twelve (12) months after the date of election to membership.

    2. Each Social Member shall attend an orientation session provided by the Company. Additional training may be given by the Firematic Officers, or available through county, state and/or federal courses.

    3. During the probationary period, the Board of Directors shall review these Social Members for active status and/or drop them from the membership roll.

    4. Upon request of the Board of Directors, the probation period of a Social Member may be extended for just cause.

  4. DUTIES AND RESPONSIBILITIES

    The duties of a Social Member shall include, but not be limited to, assisting the Company in fund raising activities and helping to maintain Company property.

    1. PARTICIPATION REQUIREMENTS

      Social Members are required annually to attain a minimum of twenty (20) points in order to receive the privileges set forth below. In order to receive proper credit, Social Members must sign the Call-Book after each incident, event, task or activity.

    2. PARTICIPATION CREDIT

      Social Members may attain the required number of points by any combination of the following:

      1. Activities – this category shall include, but not be limited to:

        1. Fund Raising Events – this subcategory shall include, but not be limited to, Bell Jar, Sportsman’s Raffles and Solicitations. One (1) point shall be awarded for each event.

        2. Grounds Maintenance – this subcategory shall include, but not be limited to, mowing the lawn, and shoveling snow. One (1) point shall be awarded for each task.

        3. Hall Maintenance – this subcategory shall include, but not be limited to, washing windows and doors, emptying trash and putting out recyclables for pickup. One (1) point shall be awarded for each task.

        4. Monitoring Hall Activities – this subcategory shall include, but not be limited to, being present at the hall during rentals by non-Members (Senior Citizens, Kiwanis, etc.). Two (2) points shall be awarded for each activity.

        5. Vehicle Maintenance – this subcategory shall include, but not be limited to, performing minor mechanical and/or electrical repairs on Company vehicles. One (1) point shall be awarded for each task.

        6. Other Activities – this subcategory shall include, but not be limited to, attendance at parades and memorials, participation in waterball competitions, and radio check assignments. One (1) point shall be awarded for each activity.

      2. Active Committee Participation – this category shall include both standing and ad hoc committees. At the discretion of the Board of Directors, Social Members may be permitted to participate on Company committees. Two (2) points shall be awarded for active participation on each committee.

      3. Appointed Corporate Office – at the discretion of the Board of Directors, Social Members may be permitted to hold appointed Corporate office. Five points shall be awarded for each appointed office held.

      4. Assisting the Company or Auxiliary – at the discretion of the Board of Directors or upon specific request of the Company or the Auxiliary, Social Members may be permitted to assist in any designated task or at any designated event. One (1) point shall be awarded for each task or event.

  5. PRIVILEGES

    1. Social Members that meet the minimum requirements shall have the right to attend and speak at meetings, without the right to vote therein, and shall be entitled to all social privileges of the Company.

    2. In addition, Social Members shall receive the following privileges:

      1. Social Members shall be issued a key for the fire hall.

      2. Social Members shall be permitted to bring immediate family into the fire hall.

      3. Social Members shall be permitted to bring guests other than immediate family into the fire hall when accompanied by an Active Member or Life Member.

      4. Social Members shall be permitted, at the discretion of the Fire Chief or the Officer-in-Charge, to ride fire apparatus during non-emergency operations, such as parades and memorials.

  6. RESTRICTIONS

    1. Upon acceptance of the application of any current Active Member as a Social Member, such Active Member shall forfeit all rights and privileges except as specifically granted in Article II, Section V, Subsection E of these By-Laws.

    2. In addition, Social Members shall be governed by the following restrictions:

      1. Social Members who fail to maintain their minimum participation requirements shall have limits imposed on their membership by the Board of Discipline and Review. Such restrictions shall include at least the suspension of social privileges, and may include any action up to and including forfeiture of membership. Any Social Member subject to limitations for any part of two or more consecutive years shall automatically forfeit membership, unless excused by the Board of Discipline and Review.

      2. Social Members shall not be permitted to respond to the scene of any call, drill or incident, except as permitted in Article II, Section V, Subsection D(2)(d) of these By-Laws.

      3. Social Members shall not be permitted to have, possess or use an emergency (blue) light.

      4. Social Members shall not be permitted to drive any fire apparatus.

  7. DUES

    Dues for Social Members are fifteen dollars ($15.00) per year.

SECTION VI - LIFE MEMBERS

  1. Life membership shall be bestowed upon Members in good standing who have served the Company for twenty (20) years in active status, and upon Active Members who are permanently disabled and cannot perform the duties of their membership class.

  2. Life Members shall be entitled to all of the privileges set forth by the rules and regulations of the Company.

  3. Life Members who attend at least four (4) general membership meetings shall be eligible to vote and hold Corporate office. To be eligible to hold firematic office, Life Members must maintain their active status.

  4. Life Members shall be relieved of paying dues, and shall be considered to be paid-up Members for life.

SECTION VII - HONORARY MEMBERS

  1. Honorary membership may be bestowed upon any person who, in the opinion of the Company, has performed some outstanding act or acts of service to the Company. Nominations shall be made to and approved by the Board of Directors and accepted by an affirmative vote of the majority of the general membership.

  2. Honorary Members shall have the right to attend and speak at meetings, but shall not be permitted to hold office or vote on any issue or at any election.

  3. Honorary Members shall not have any rights and/or privileges except upon invitation of the Company.

  4. Honorary Members shall not be required to pay dues.

SECTION VIII - ONGOING MUTUAL AID PROVIDERS

  1. In accordance with General Municipal Law 209, the Company may accept letters of ongoing mutual aid service from members of any duly authorized volunteer fire department or volunteer fire company. Such acceptance shall require the unanimous approval of the Fire Chief, the 1st Assistant Chief, and the 2nd Assistant Chief. For membership as an EMS Provider, the acceptance shall also require the approval of the EMS Captain. For membership as a Fire Police Officer, the acceptance shall also require the approval of the Fire Police Captain. The Company may decline to accept any letter of ongoing mutual aid service, with or without cause.

  2. Ongoing Mutual Aid Providers shall be required to submit copies of all training records and certifications, and proof of an approved firefighter physical exam.

  3. Ongoing Mutual Aid Providers shall be required during an emergency incident to report to a Chief Officer or the Officer in Charge at the earliest opportunity.

  4. Ongoing Mutual Aid Providers shall sign the Call-Book after each incident, event, task or activity.

  5. Ongoing Mutual Aid Providers shall not have any rights and/or privileges except upon invitation of the Company.

  6. Ongoing Mutual Aid Providers shall not be considered Members of the Company.

  7. Ongoing Mutual Aid Providers shall not be required to pay dues.

ARTICLE III

In order for a Member to be eligible for election or appointment to any office, such Member shall have met all requirements no later than October 31st of the current year.

SECTION I - ELECTED OFFICERS

  1. The elected Officers of the Company shall consist of a President, a Vice President, a Recording Secretary, a Financial Secretary, a Treasurer, the Board of Directors, a Fire Chief, a First Assistant Chief, a Second Assistant Chief, and an EMS Captain. In order for Members to hold office, they shall have completed their probationary period and meet all of the requirements of Active Members. Except for the Office of Recording Secretary, no Member shall be elected to or hold more than one (1) elected office during any year. Any Director, except for the President and the Vice President, and any Firematic Officer may also be elected to or hold the Office of Recording Secretary. Any elected Officer absent from three (3) consecutive regular meetings shall forfeit the office, unless excused by the Board of Directors. To be eligible for the offices of President or Vice President, Members must be presently elected Members of the Board of Directors for the coming year. All elected offices are for a term of one (1) year, except the Board of Directors.

  2. Elected officers shall be required to attend a minimum of eight (8) general membership meetings, unless excused by the Board of Directors.

SECTION II - ELECTED CORPORATE OFFICERS AND DUTIES THEREOF

  1. Except as specified in Article II, Section II, Subsection G(2) below, a vacancy in any elected Corporate office shall be filled by the Board of Directors for the balance of the year.

  2. President - shall preside at all meetings of the Corporation and the Board of Directors, in accordance with recognized parliamentary procedures; shall call special meetings when deemed necessary or upon the written request of five (5) Members; shall form committees; shall enforce and uphold the By-Laws of the Company; and shall sign all legal transactions.

  3. Vice President - shall assist the President in the discharge of duties; shall assume the duties of the office of President should the President be absent or disabled, or should the office of President become vacant; shall act as liaison between the Company and the Women’s Auxiliary; shall act as Chairperson of the Eligibility committee and the Board of Discipline and Review; and shall act in the capacity of Director on the Board of Directors.

  4. Recording Secretary - shall record the proceedings of all Corporation and Board of Directors’ meetings; conduct the correspondence of the Company; keep the books and files pertaining to the Recording Secretary’s office and maintain an active roll of Members showing all pertinent information; notify applicants for membership as to the decision of the ballot, and furnish new Members with membership cards and current copies of the By-Laws; and receive all dues and application initiation fees for which an appropriate membership card shall be issued, and turn all moneys over to the Treasurer.

  5. Financial Secretary - shall maintain a current record of the receipts, the expenditures and the balance of the budget.

  6. Treasurer - shall receive all moneys due the Company and keep records thereof and deposit all such moneys in the designated bank within seven (7) days of receipt; shall pay all bills against the Company as approved by the Members, except for bills that are in excess of one-hundred ($100.00) dollars, which must have approval of the Board of Directors; and shall render an accurate account of all receipts and disbursements at each regular monthly meeting, or whenever called upon to do so by the President or the Board of Directors.

  7. Board of Directors - shall consist of nine (9) Members; the President, the Vice President and seven (7) Directors, and shall have general charge of all properties and affairs of the Company, but the membership shall have the ultimate right to approve or disapprove of any action or proposed action of the Board.

    1. The Board of Directors shall be indemnified, should a suit be brought against them.

    2. The term of each Director is for three (3) years, and not more than three (3) terms shall expire in any one (1) year. Any Director absent from three (3) consecutive Board meetings shall forfeit the office, unless excused by the Board of Directors. Any vacancy in the office of Director shall be filled by the Board of Directors until the next general election, at which time a Director shall be elected for the remainder of the unexpired term.

    3. The Board of Directors and the Financial Secretary shall prepare a budget by the thirty-first (31) day of March, projecting the funds required to conduct business for the following fiscal year (April 01st through March 31st).

    4. Items costing more than one hundred ($100.00) dollars that do not pertain to firematic emergencies must be approved by the Board of Directors and also by a majority vote of the Members present at the Company meeting; a majority vote of the Members shall not be required in an emergency.

    5. In the absence of both the President and the Vice President, a Board Member shall preside over Company and Board of Directors meetings.

SECTION III - ELECTED FIREMATIC OFFICERS AND DUTIES THEREOF

  1. A vacancy in any elected Firematic office shall be filled by the Fire Chief, with the approval of the Board of Directors, for the balance of the year. If the vacant office is that of the Fire Chief, the 1st Assistant Chief shall be promoted to and assume the duties of the office of Fire Chief; the 2nd Assistant Chief shall be promoted to and assume the duties of the office of 1st Assistant Chief; and the office of 2nd Assistant Chief shall be considered vacant and shall be filled by the newly-promoted Fire Chief, with the approval of the Board of Directors.

  2. Fire Chief - shall have charge of all firefighting and emergency equipment, and make recommendations for additions or new equipment; shall ensure that the apparatus and equipment are in good condition and ready for service at all times; shall maintain the proficiency of firematic personnel through training and drills; shall conduct the Company at emergencies and arrange for cooperative programs; shall report at all regular monthly meetings all instances when Company equipment was used; shall appoint a Captain for each of the trucks (except EMS Captain), a Captain for Fire Police, one or more Safety Officers, a Communications Officer and Members to check all emergency equipment on a weekly basis; and may appoint one or more Training Officers, one or more High Angle Rescue Team Coordinators, a Lieutenant for one or more of the trucks (except EMS Lieutenant), and a Fire Police Lieutenant.

    No person shall hold the office of Fire Chief for more than three (3) consecutive years. An Active Member, to be eligible for the office, shall have at least five (5) consecutive years of firematic experience in the Company, and have completed a county, state or federal course in firematic command, and have at least Basic First Aid and CPR certification. The Member must have previously held the office of Fire Chief, 1st Assistant Fire Chief, or 2nd Assistant Fire Chief in the Company for at least one (1) full term.

  3. 1st Assistant Chief - shall assist in the performance of the Fire Chief’s duties and, in the absence or disability of the Fire Chief, perform the duties and exercise the powers of the office of Fire Chief. An Active Member, to be eligible for the office, shall have at least three (3) consecutive years of firematic experience in the Company, and have completed a county, state or federal course in firematic command and have at least Basic First Aid and CPR certification.

  4. 2nd Assistant Chief - shall assist in the performance of the Fire Chief’s and 1st Assistant Fire Chief’s duties and, in the absence or disability of both the Chief and the 1st Assistant Chief, perform the duties and exercise the powers of the office of Fire Chief. An Active Member, to be eligible for the office, shall have at least three (3) consecutive years of firematic experience in the Company, and have completed a county, state or federal course in firematic command.

  5. EMS Captain - shall be responsible to the Fire Chief for the direction of emergency medical service personnel at emergencies; shall maintain the proficiency of EMS personnel through training and drills; and shall keep records pertaining to EMS An Active Member, to be eligible for the office, shall have at least three (3) years of emergency medical services experience in the Company, and hold at least Emergency Medical Technician - Defibrillation certification.

SECTION IV - ELECTION OF OFFICERS

  1. Eligibility committee - the Vice President shall be the Chairperson and shall appoint, at the regular October meeting, two (2) Members to serve on the committee. At the regular November meeting, the committee shall post a list of candidates eligible for election at the special meeting held in December. Only Active Members and qualified Life members are eligible to vote. In order for a Member to be eligible for election or appointment to any office, such Member shall have met all requirements no later than October 31st of the current year.

  2. Nominations - shall be made from the floor. Absentee nominations shall not be recognized unless the signed authorization of the nominee is received by the Vice President. There should be a minimum of two (2) nominees for each office. However, if after one nomination, another nomination is not made after three (3) calls, the Vice President may close nominations and cast a single vote to elect the nominee into office.

  3. Procedure - The Vice President shall be the presiding officer, and shall appoint at least two (2) tellers at the time of election. The vote shall be by secret ballot, and a majority of votes cast shall be necessary for election. The tellers shall count the ballots and review the total votes cast with the Recording Secretary. The Vice President shall then report the name of the winning candidate. In the event of a tie, the tied candidates shall be voted on a second time. If the tie remains, the names of the tied candidates shall be put into a hat, and the Chairperson shall draw the winning name.

  4. Order of Elections - shall be the Fire Chief, 1st Assistant Chief, 2nd Assistant Chief, EMS Captain, Board of Directors, President, Vice President, Recording Secretary, Financial Secretary and Treasurer.

  5. Election Day - the annual election of Officers shall be held on the first Sunday in December, at the Fire Hall, at 14:00 hours (2:00 PM).

ARTICLE IV

SECTION I - APPOINTED CORPORATE OFFICERS AND DUTIES THEREOF

  1. The President may appoint corporate officers for a term of one (1) year.

  2. A vacancy in any appointed corporate office shall be filled by the Board of Directors for the balance of the year.

  3. Offices:

    1. Building Superintendent - shall be responsible for the care of the Company buildings and properties, except firematic equipment.

    2. Public Relations Director - may be appointed to present the Company’s efforts and accomplishments in a good light by any means appropriate, including mail and newspaper.

    3. Hall Coordinator - shall inform persons renting the hall of the rules and regulations, coordinate dates, inform the Board of such rentals and advise of required personnel.

    4. Benevolent Fund Coordinator - shall administer the benevolent fund (such funds shall be used for cards, flowers, fruit baskets, etc. for death, illness or injury of Company and Auxiliary Members, their immediate families and others approve by the Company.)

  4. The President shall have the authority to create temporary appointed Corporate offices, as needed. Such temporary offices shall not exist longer than two (2) years, unless made permanent by an amendment to these By-Laws.

SECTION II - APPOINTED FIREMATIC OFFICERS AND DUTIES THEREOF

  1. The Fire Chief may appoint firematic officers for a term of one (1) year, unless otherwise stated.

  2. A vacancy in any appointed Firematic office shall be filled by the Fire Chief for the balance of the year.

  3. Offices:

    1. Safety Officer(s) - shall assess hazardous and unsafe situations and assure personnel safety and have emergency authority to stop or prevent unsafe acts that present imminent danger to life or health.

    2. Fire Police Captain - shall direct the Fire Police personnel.

    3. Truck Captains - shall, in conjunction with the Fire Chief and Assistant Fire Chiefs, train the personnel assigned to their vehicle in the proper operation and upkeep of that vehicle. In the absence of the Fire Chief and the Assistant Chiefs, the first Truck Captain at the scene of an emergency shall be in command until a superior officer arrives, is apprised of the situation and assumes command.

    4. Truck Lieutenants - shall assist their Captains in the performance of their duties.

    5. Maintenance Officer - shall maintain in working order, all automotive, pumping and generating equipment, and keep up-to-date records of those pieces of equipment and immediately report problems to the Chief.

    6. Communications Officer - shall maintain all communications equipment and keep all pertinent records.

    7. EMS Lieutenant - shall be appointed by the EMS Captain, with the approval of the Fire Chief, to assist the EMS Captain in the performance of his or her duties. An Active Member, to be eligible for appointment to the office, shall have at least one (1) year of emergency medical services experience and hold at least Basic First Aid and CPR certification.

    8. Training Officer(s) - shall develop training programs and ensure that all Members are proficient in their assigned tasks.

    9. High Angle Rescue Team Coordinator(s) - shall coordinate the development, training and operation of a high angle rescue team. Such appointee(s) shall be responsible to ensure the readiness of any applicable specialized equipment, and shall assist the Fire Chief in the development of training programs to ensure the proficiency of Team members.

  4. The Fire Chief shall have the authority to create temporary appointed Firematic offices, as needed, with the approval of the Board of Directors. Such temporary offices shall not exist longer than two (2) years, unless made permanent by an amendment to these By-Laws.

ARTICLE V

SECTION I - MEETINGS

  1. Regular Meetings - shall be held on the first Monday of each month, at the Fire Hall, at 19:00 hours (7:00 PM). If this day falls on a recognized holiday, the meeting shall automatically take place on the succeeding Monday. All meetings shall be governed by Robert’s Rules of Order, when not in conflict with the By-Laws of this Company. Meetings of the Company with thirteen (13) Members present shall constitute a quorum for the transaction of business. Special meetings may be called by the President upon three (3) days notice to the membership. Special meetings may also be called upon the written request of any five (5) Members. Notice of the special meetings shall specify the purpose and no other business shall be conducted or transacted.

    1. Order of Business - at all regular meetings shall be as follows:

      • Call to Order by the President
      • Pledge of Allegiance
      • Presentation of the Minutes of the previous regular and Board meetings
      • Report of the Treasurer
      • Report of the Financial Secretary
      • Report of the Fire Chief
      • Report of the EMS Captain
      • Report of the Fire Police Captain
      • Report of the High Angle Rescue Team Coordinator (if applicable)
      • Report of the Explorer Advisor (if applicable)
      • Reading of the Bills
      • Reading of Communications and Donations
      • Reports from Standing committees
      • Formation of New committees
      • Old Business
      • New Business
      • Reading of Radio Check Assignment
      • Good & Welfare
      • Miscellaneous
      • Adjournment

  2. Board of Director Meetings - shall be held on the Wednesday preceding the first Monday of each month, at the Fire Hall, at 19:00 hours (7:00 PM). If this day falls on a recognized holiday, the meeting shall automatically take place on the following day. All meetings shall be governed by Robert’s Rules of Order, when not in conflict with the By-Laws of this Company. Meetings of the Board with five (5) Directors present shall constitute a quorum for the transaction of business. Special meetings may be called by the President or Vice President upon three (3) days notice to the Board, when possible.

SECTION II - DUES

Dues are payable to the Recording Secretary by October first. If dues remain unpaid by the November general membership meeting, delinquent Members shall be notified by mail. If dues remain unpaid by the December election meeting, delinquent Members shall be denied the right to vote and hold office, and shall have restrictions imposed by the Board of Directors. Such restrictions may include forfeiture of membership.

SECTION III - BOARD OF DISCIPLINE AND REVIEW

Comprised of the Board of Directors and the Fire Chief, this Board must consider and rule on any grievance brought before it in writing or in person regarding any violation of the Company By-Laws, conduct unbecoming an Officer or Member, or willful disobedience of a Firematic Officer. This Board shall consider any action detrimental to the welfare of the Company, and have the power to impose any penalty deemed necessary against any Member, including expulsion and/or legal action. No accusing or accused person(s) shall sit in judgment on this Board. Seven (7) Members constitute a quorum of this Board. Every November, this Board shall review each Member for conformance to these By-Laws for the previous year. Every May, this Board shall review those Members with restrictions. If there has been a noticeable improvement in their performance, the restrictions may be modified and/or removed.

SECTION IV - COMPANY PROPERTY

No equipment or possessions of this Company shall be removed from the designated place for any reason other than Company business without the expressed permission of the President or one of the Fire Chiefs. No Company property shall be disposed of without the Board of Directors’ consent.

SECTION V - WOMEN’S AUXILIARY

The Company shall recognize an Auxiliary Unit providing that its rules and regulations are not in conflict with those of the Company. Such an Auxiliary shall have its own construction and by-laws, and shall not be subject to the Company By-Laws, per se. The Auxiliary may have use of the Fire Hall and equipment other than firefighting equipment, except when it conflicts with Company business.

SECTION VI - BENEVOLENT ASSOCIATION

The Company shall recognize a Benevolent Association providing that its rules and regulations are not in conflict with those of the Company. Such an Association shall have its own constitution and by-laws, and shall not be subject to the Company By-Laws, per se. The Association may have the use of the Fire Hall and equipment other than firefighting equipment, except when it conflicts with Company business.

ARTICLE VI

SECTION I - FUND RAISING

Being a Non-Profit Corporation, the Company may increase its treasury through solicitations of donations. Other fund raising activities may be used for purposes including, but not limited to, special purchases and/or social activities.

SECTION II - AMENDMENTS

Amendments to these By-Laws can only be made by a majority vote at two (2) succeeding regular or special general membership meetings. They shall be reviewed periodically, and if changes are necessary, a committee shall be formed.

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