By-Laws as Amended 5/20/04

CONSTITUTION AND BY-LAWS

OF THE

WASHINGTON COUNTY VOLUNTEER FIRE AND RESCUE ASSOCIATION

OF MARYLAND, INCORPORATED

 

PREAMBLE AND PURPOSE

The Washington County Volunteer Fire and Rescue Association of Maryland, Incorporated, to further enhance the protection of life and property of the citizens of Washington Count, Maryland, by disseminating information regarding fire suppression, prevention, EMS, rescue and related subjects, to cultivate fraternal fellowship among its members and to promote the best interests of the volunteer fire, EMS and rescue personnel of Washington County, Maryland, do hereby adopt the following constitution and By-Laws.

 

ARTICLE I - NAME, MEMBERSHIP AND DUES

SECTION 1 - The name of this Association shall be "The Washington County Volunteer Fire and Rescue Association of Maryland, Incorporated", hereafter referred to as "The Association".

SECTION 2. – A. The regular member companies of The Association shall be all volunteer fire, rescue, EMS and ambulance companies of Washington County, State of Maryland, who have been elected to membership in The Association, and who shall comply with the provisions of this constitution in regards to the payment of yearly dues and the election of delegates to attend a minimum of nine meetings in the previous twelve months to be eligible to vote at the meetings of The Association. Member companies shall comply with the fire, ambulance and rescue standards.

SECTION 2. – B. There shall be three associate volunteer members of the Washington County Volunteer Fire and Rescue Association: Rehab Unit 255, Special Operations Unit, and Air Unit. These three associate volunteer member companies shall have all the rights and privileges of membership, except the right to vote, and they are prohibited from receiving any of the regular financial allotments apportioned to regular member companies of the Association by the county or state government, paid through this Association, including gaming proceeds, but the Rehab Unit 255 may receive budgeted funds from the Association.

SECTION 3 – Written application for regular membership accompanied by dues for the current fiscal year may be made by any volunteer fire, rescue or EMS company, within Washington County, Maryland.

(A) Such applications to be filed with the Secretary of the Association at a regular meeting of The Association. Upon receipt of application, the Membership Committee shall inspect the records, apparatus, equipment and facilities for compliance with the Constitution and By-Laws and Standards of The Association.

(B) The Committee shall report its findings to The Association within 68 days of the receipt of application. All eligible regular member companies shall be entitled to one vote for either acceptance or denial of the applicant at the next regular meeting of the Association. An affirmative vote by two-thirds of the member companies, voting, shall be needed for the acceptance of membership by the applicant into The Association.

SECTION 4 - If an applicant's membership has been rejected, a certified letter from the Secretary shall be sent to the applicant notifying them of the results. Any applicant having been rejected is eligible to reapply for membership in The Association after a period of six months after the date of the rejection notice.

SECTION 5 - The Association is authorized to suspend a company's membership at any time. The Association, by a vote of two-thirds of the member companies eligible to vote, determines that a company is proved to be in violation of the By-Laws or such standards or directives which have been approved by The Association or no longer meets the qualifications. All funds held by the Association and due to the suspended member shall be held in escrow for a period not to exceed one year. If the company remains on suspension in excess of one year from the date of the suspension, then those funds held in escrow for one year shall be distributed among the regular companies of The Association not suspended. Also, the county shall be notified to withhold all additional county funds during the term of the suspension. In addition, all benefits of association membership and programs of The Association shall be unavailable to the suspended company and its members.

SECTION 6 - Any member company whose membership has been suspended by The Association may appeal in writing, within 30 days, to the President of The Association for a hearing. Said hearing is to be held by the Executive Committee of The Association within 30 days of receipt of the notification. The member shall be notified by certified mail or other verified delivery from the Secretary as to the date, place and time of said hearing.

SECTION 7 - Annual dues for the appropriate membership shall be payable July 1st and before September 30th each year. Member companies which fail to pay their annual dues as provided shall be suspended from The Association and shall be ineligible from participation in any of its benefits until all the arrearages on dues have been paid. The amount of annual dues for all types of membership shall be set, approved, and/or modified by the approval of two-thirds of the regular member companies present, by a roll call vote of The Association at any regular Association meeting.

SECTION 8 - To prevent dissolution of The Association, any five member companies in good standing desirous of its continuance can hold the property and the Constitution and By-Laws of The Association.

SECTION 9 - In the event of dissolution of The Association, any funds in its Treasury or payable to it, exceeding the amount of indebtedness already incurred, shall be equally divided among the companies that are in good standing at the time of the dissolution.

SECTION 10 - The withdrawal from membership by any company shall not entitle that company to any refund of dues already paid.

 

ARTICLE II - DELEGATES AND DUTIES

SECTION 1 – Each member company shall elect or appoint up to ten volunteer member delegates to represent their individual company in The Association, however, each member company shall be entitled to only one vote. The names of these delegates with the primary delegate designated shall be provided to the Secretary of The Association at the June meeting of each year on the forms provided.

SECTION 2 - A delegate shall be authorized and expected to act on behalf of their department.

 

ARTICLE III - MEETINGS

SECTION 1 - The regular meeting of The Association shall be held on the third Thursday of each month at 7:30 p.m. The meeting date may be set forward or backward one week as decided by The Association at the preceding meeting. The hosting meeting locations may be equally rotated among regular member companies by a schedule provided by The Association Secretary. Note: If the snow emergency plan is in effect at 1600 hrs, the meeting is canceled. It will also be announced by Fire and Rescue Communications as such during the 1800 hrs announcements. The meeting will not be rescheduled. If business must be addressed, a special meeting will be called.

SECTION 2 - A quorum for transaction of business at a regular meeting or special meeting shall be duly appointed delegates from a majority of member companies eligible to vote.

SECTION 3 - Special meetings may be called by order of the President, when in his judgment and emergency may render it necessary, or upon urgent request of five companies of The Association in writing. No business shall be transacted other than that for which the meeting shall have been called. The nature of the business to be acted upon shall be stated in the written notice of the meeting by mail to the Chief Delegate and by Fax to each Company at least five days prior to the special meeting date.

SECTION 4 - All questions of debate and motions shall be decided by a majority vote of eligible companies present, at each individual meeting of The Association. It shall be the privilege of any delegate to request a roll call vote.

SECTION 5 - All meetings shall be conducted in an orderly manner following The Association's Constitution and By-Laws and the current edition of Robert's Rules of Order Revised.

SECTION 6 - The following order of business shall be adhered to at all regular meetings of The Association:

1. Call to order

2. Prayer

3. Pledge to flag

4. Roll call of companies, officers and report of voting eligibility.

5. Introduction of guests.

6. Approval of the minutes of the previous month's meeting

7. Approval of the minutes of any special meeting

8. Treasurer's report

9. Reading of the correspondence and bills

10. Committee and staff reports

11. Unfinished business.

12. New business.

13. Remarks for the good of The Association

14. Announcement of next meeting location

15. Adjournment

 

ARTICLE IV - ELECTION OF OFFICERS

SECTION 1 - The nominating committee shall present their slate of candidates at the regular meeting of The Association in October of every odd numbered year. Additional nominations will then be entertained from the floor. Any nominations received from the floor must have the approval of the nominee. If the nominee is not present, written acceptance must accompany the nomination. The Secretary shall have ballots printed and ready for the election which shall be held at the regular meeting in November. Each office nomination will be called for three times, after which the nomination will be closed by membership vote. There will be no provision on the ballot for write in candidates.

SECTION 2 - The following officers shall be elected to The Association and shall serve for two calendar years with their respective terms beginning on January 1 of the even numbered year or until a replacement is elected.

1. President

2. 1st Vice President

3. 2nd Vice President

4. Secretary

5. Assistant Secretary

6. Treasurer

7. Assistant Treasurer

8. Chaplain

SECTION 3 - The President, 1st Vice President and 2nd Vice President may only serve two successive terms in office. An individual may not hold more than one elective office at a time.

SECTION 4 - Any officer desiring to resign his/her position must do so in writing to The Association Secretary. The letter of resignation shall be read at the following regular meeting and be made part of the official records of The Association.

SECTION 5 - Any delegate of The Association may request a recall vote of any officer they feel has violated any article of the Constitution and By-Laws of The Association or fails to carry out the duties of his/her office. A recall shall be instituted by a letter on the company stationery listing all charges and signed by the Company President and Secretary. The letter shall be delivered to The Association Secretary. The President of The Association shall appoint a hearing committee who will investigate all charges. The President shall convene the Executive Committee and upon confirmation by the Association at the next regular meeting the decision shall prevail.

SECTION 6 - The election of officers shall be supervised by three judges, who will not have a vote nor can they influence the voters, and are present and appointed prior to the election. The judges shall prepare the ballot box in full view of The Association. The Secretary shall call the roll of eligible companies and one delegate shall come forward and cast the vote of their company.

SECTION 7 – In the event of a vacancy or temporary incapacity of any officer other than the President, the President may, with the consent of the Association, appoint a replacement to fulfill the unexpired term of the vacancy or appoint a replacement until in the opinion of the incapacitated officer the incapacity is corrected.

 

ARTICLE V - DUTIES OF ELECTED OFFICERS

SECTION 1 - PRESIDENT

It shall be the duty of the President of The Association to act as the chief executive officer, preside at all regular and special meetings of The Association; call special meetings when necessary; appoint such additional committees as may be necessary for the efficient performance of the duties of the Association, appoint committee chairs except where otherwise stated in these bylaws, appoint a parliamentarian and perform such other duties as may be required by The Association. The President shall also supervise or delegate the supervision, hiring, firing, set working conditions and terms subject to the budgetary approval of the Association of all employees of the Association.

SECTION 2 - 1ST VICE PRESIDENT

It shall be the duty of the 1st Vice President of The Association to preside over all Executive Committee Meetings; shall serve as delegate to the Washington County Fire and Rescue Communications Advisory Board; and assume the duties of the President in his/her absence.

SECTION 3 - 2ND VICE PRESIDENT

It shall be the duty of the 2nd Vice President of The Association to perform such duties as required and serve on such committees as may be necessary, and shall assume all duties of the 1st Vice President in his/her absence.

SECTION 4 - SECRETARY

It shall be the duty of the Secretary of The Association to: record, report and file written minutes of all regular and special meetings of The Association; maintain a list of member companies and their delegates and committee members; and make available to all committees any information, records or files of The Association; be responsible for printing election ballots; notify all member companies by mail of any special meetings of The Association (notices will include subject, time and place of the special meeting). Call the roll and record the attendance of all member companies at all regular, special and Executive Committee meetings; read The Association correspondence at the regular meeting; prepare, transmit and file a copy of correspondence directed by The Association and/or an officer of committee of The Association (such action to be accomplished within 25 days, unless specified). The Secretary may assign any of the above duties to the Assistant Secretary.

SECTION 5 - ASSISTANT SECRETARY

It shall be the duty of the Assistant Secretary of The Association to perform such duties as may be assigned by the Secretary and President and assume all duties of the Secretary in his/her absence.

SECTION 6 - TREASURER

It shall be the duty of the Treasurer of The Association to receive or collect all moneys due to The Association and issue a receipt for same; maintain records of all receipts, expenditures, bank accounts or funds; prepare a written monthly statement or receipts and expenditures to be presented at the regular meeting; prepare an annual written report for presentation at the regular meeting in June of each year; issue payment from association funds for all debts authorized by The Association membership and serve on the budget committee.

SECTION 7 – ASSISTANT TREASURER

Shall be the duty of the Assistant Treasurer of The Association to act in the absence of the Treasurer, and to assist the Treasurer in the financial activities of The Association and serve on the budget committee.

SECTION 8 - CHAPLAIN

It shall be the duty of the Chaplain of The Association to give the invocation at regular and special meetings of The Association; conduct a memorial service at the annual banquet to include a list of deceased members of each member company; conduct other memorial services as warranted; mail cards and/or visit any deceased member's family or sick or injured members and perform any other duties as deemed appropriate. The Chaplain may appoint an assistant to help in the performance of the prescribed duties of this office.

ARTICLE VI - APPOINTED POSITIONS

SECTION 1 – The Washington County Point System Coordinator and Alternate Coordinator
Pursuant to Tax general Article, Section 10-208(i-l), Annotated Code of Maryland, the Washington County Volunteer Fire and Rescue Association shall appoint a Point System Coordinator and Alternate Coordinator to facilitate and administer the Point system created under the above law.

The appointment of the Washington County Point System Coordinator and Alternate coordinator shall be made by the President of the Washington County Volunteer Fire and Rescue Association for a term of four years to expire on April 1st of each four-year cycle or until a replacement is appointed. Said appointment shall be confirmed by two-thirds majority vote of The Association member companies present at a regular Association meeting. Partial term appointments shall be made by the President of the Washington County Volunteer Fire and Rescue Association to fulfill the un-expired remaining term of the resignee and shall also be confirmed in a similar manner and sworn in by the Clerk of the Circuit Court’s Office.

The Washington County Point System Coordinator and/or Alternate Coordinator shall chair the LOSAP Committee of the Washington County Volunteer Fire and Rescue Association, and serve as County Point System Coordinators to the Maryland State Fireman’s Association, and are empowered to administer the collection, retention and distribution of benefit information on behalf of volunteer fire and rescue personnel in Washington County.

SECTION 2 – The Member Company Point System Coordinator and Alternate Coordinator
It shall be the duty of each fire and rescue member company to appoint a Point System Coordinator and Alternate Coordinator for a four-year term beginning on January 1, 2000. The member company Point System Coordinator and Alternate Coordinator are empowered to administer the collection, retention and distribution of benefit information for the Washington County Volunteer Fire and Rescue Association Point System Coordinator and Alternate Coordinator on behalf of volunteer fire and rescue personnel in their member Company.

 

ARTICLE VII - STANDARDS

The standards pertaining to training, personnel, equipment and response times for fire and rescue member companies will be guided by the intent of Maryland State Firemen’s Association (MSFA), the National Fire Protection Association standards, the Maryland Fire and Rescue Institute (MFRI) and the Maryland Institute for Emergency Medical Services System (MEIMSS) with compliance as soon as practicable. Member companies shall comply with all local standards adopted by The Association in order to be certified by The Association. It shall be the duty of the Standards Committee of The Association to monitor and advise the status of each member companies requested by the President. Compliance with these standards shall determine certification and subsequent continued membership in The Association of each and every member company.

 

ARTICLE VIII - DISCIPLINE

SECTION 1 - Except for County Revolving Loan Fund requests, No member company shall approach the Washington County Government to solicit monies, equipment or services financed on behalf of themselves without prior approval of The Association or said company shall be subject to remedies in Article 1 Section 5.

SECTION 2 – A company shall not conduct or engage in any non-emergency activity within the boundaries of any other company without the prior, written permission of the company and said offending company may be subject to remedies in Article1 Section 5.

SECTION 3 – A company shall not conduct any direct solicitation of funds within the Regular or Extended Boundaries of any company excluding publications of general distribution, linear and non-linear broadcast media or other general or broadband distribution without the prior, written permission of that company, except in that area which has been assigned to them by The Association as an Assigned District, or said offending company may be subject to remedies in Article 1 Section 5.

 

ARTICLE IX - LOCATIONS AND SERVICES

SECTION 1 - RELOCATION OF ESTABLISHED COMPANY FACILITIES - For the replacement of buildings which house fire and rescue equipment, company records and training, the following criteria shall govern the parameters for such relocation:

1. A support committee may be established in addition to the boundary committee, if necessary, with members appointed by the President and a representative of the company to review all relevant information and report to the Association.

A. Replacement, addition and/or upgrade.

B. No changes in established boundaries shall occur until reviewed by the boundary committee and approved by the association.

C. Same geographical area, not to exceed one traveled mile from present location.

D. Written notification will be given to The Association prior to any construction and will include any new address.

E. All necessary paperwork will be handled by the relocating company.

SECTION 2 - ESTABLISHMENT OF A SUB-STATION - To establish a sub-station for any Fire, EMS or Rescue Company, the following criteria must be met:

A. Establish the boundary of the area to be served

B. The need to support a newly developed area where the population was sparse prior to this need and,

C. Over 51% of the property owners from the proposed first due area indicate, in writing or by petition that they are in agreement.

D. Location of the proposed substation will be at least five travel miles from bordering company boundaries.

E. Request, in writing from company to The Association outlining the proposal in detail, asking for approval to continue efforts.

SECTION 3 – The Association shall form a committee to investigate the request and need. The committee will include the elected officers of The Association and one volunteer member of the company involved. The committee shall report its findings and recommendation to The Association within 70 days for action. If The Association approves the request, the favorable recommendation will be presented to the Board of County Commissioners for final permission to continue the project.

SECTION 4 - Any new services requested by a company must follow the above guidelines in section 1. Any exceptions or variances to these procedures shall be presented to the committee for approval by the full membership of the Association.

 

ARTICLE X - AMENDMENTS

SECTION 1 - Any resolution or motion to amend any or all of this Constitution and By-Laws may be presented in writing at any regular monthly meeting of The Association. The proposed amendment(s) shall be listed by article and section with the language of the proposed change. The proposed change shall lie on the table until the following regular monthly meeting of The Association where it shall be voted upon, unless a two-thirds majority vote of the eligible member companies present, at the first meeting for the vote shall cause the vote to be postponed until the next regular monthly meeting. In either case it shall require a two-thirds affirmative vote of the eligible member companies present for adoption. In no event shall a vote on an amendment be postponed more than two regular monthly meetings beyond the presentation of the amendment to the Association. The Secretary shall notify all member companies in writing within seven days of the introduction of the proposed change.

 

ARTICLE XI - COMMITTEES

This article shall constitute the Standing Committees of The Association. Unless otherwise specified, the committee members will serve until relieved. All appointments shall be made and announced not later than the next meeting following the election and shall be affirmed by the membership of the association at the meeting following the election of officers.

SECTION 1- EXECUTIVE COMMITTEE. The President, 1st Vice President (Chair), Immediate Past President, 2nd Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and Chaplin shall constitute the Executive Committee. The President may appoint other members. A majority of officers shall constitute a quorum for the transaction of business of the Executive Committee. The Executive Committee shall not commit The Association to the adoption of any policy or course of action or to the contracting of any indebtedness, other than for necessary operating expenses.

SECTION 2 - BUDGET AND FINANCE COMMITTEE shall consist of the Treasurer of the Association, the Assistant Treasurer and a chairperson appointed by the President. The President shall select the other committee members as deemed necessary to carry out the duties prescribed. It shall be the duty of this committee to prepare and present a budget request to the Board of County Commissioners each fiscal year and to report quarterly to the membership the current status of the budget by written report by line item.

SECTION 3 - FIRE PREVENTION AND PUBLIC EDUCATION COMMITTEE shall consist of a chairperson appointed by the President and one appointee from each member company (not necessarily a delegate). The Association, through this committee, shall, in cooperation and coordination with its member companies, career firefighters, professional educators and any other organizations promoting fire prevention and education, develop, implement and revise fire prevention and education programs for Washington County.

SECTION 4 - FIRE POLICE COMMITTEE shall consist of members designated by each member company and appointed by the Washington County Sheriff under the provisions of Article 87, Paragraph 49 through 54 of the Annotated Code of Maryland. The Fire Police Committee shall elect its own officers and submit the results of the election to the President for approval. Upon approval by the President, the officers shall begin their duties and shall present a report to The Association at the monthly meeting. The committee shall coordinate with the Budget Committee and the Treasurer of The Association for financial requirements.

SECTION 5 - STANDARDS COMMITTEE shall consist of six members (three from Fire and three from Rescue) with the chairman appointed by the President of The Association. It shall be the duty of this committee to monitor each member company for compliance with the established standards for training, personnel, equipment and response times. This committee will recommend approval or denial of certification.

SECTION 6 - CONSTITUTION AND BY-LAWS COMMITTEE shall consist of a chairperson and two or more members all appointed by the President of The Association. The Parliamentarian shall serve as an ex officio member.

SECTION 7 - LAW ENFORCEMENT LIAISON COMMITTEE shall consist of three members (one from Fire Police, one from Fire and one from Rescue) appointed by the President of The Association. The Fire and Rescue appointees are to be a chief officer. The President of The Association shall appoint one of these individuals as the Coordinator. The President of The Association shall solicit one appointee from the Maryland State Police, Washington County Sheriff, Maryland Department of Natural Resources and all of the Municipal Police Departments. The main purpose of this committee shall be to intercede and resolve questions concerning The Association and the respective police agency.

SECTION 8 - LEGISLATIVE COMMITTEE shall consist of a chairperson appointed by the President of The Association, four members appointed by the President of The Association plus the Public Relations Committee Chairperson.

SECTION 9 - PUBLIC RELATIONS COMMITTEE shall consist of a chairperson appointed by the President of The Association, the Secretary of The Association and as many members as the chairperson deems necessary to carry out the functions of this office. The chairperson shall serve as a member of the Legislative Committee.

SECTION 10 – PROPERTY COMMITTEE shall consist of a chairperson appointed by the President of the Association and shall ensure the proper maintenance of all property belonging to the Association including all vehicles, buildings and real estate. The chairperson shall obtain as many members of the committee as required to accomplish the tasks assigned to it. The committee shall coordinate with the Budget Committee and the Treasurer of The Association for financial requirements.

SECTION 11 - The following Standing Committees shall consist of a chairperson appointed by the President of The Association. The appointed chairperson may then select as many members as need to accomplish his/her duties.

A. Length of Service Awards Program (LOSAP) Committee

B. Computer Committee

C. Photo Team Committee

D. Personal Awards Program Committee

E. Recruitment and Retention of Volunteer Fire and Rescue Personnel

F. Emergency Medical Service (EMS) Committee

G. Chief Officers Committee

H. Training Committee

I. Credentials Committee

J. Safety Committee. (2nd Vice President will Chair and will include Administrative Planner and EMS Coordinator).

K. Steering Committee (members appointed by the President – this committee is advisory only)

SECTION 12 - In addition to the aforementioned Standing Committees, The President of The Association shall appoint the following ad-hoc committees to function when required.

A. Annual Banquet Committee. To be appointed by the President. The Treasurer of The Association shall be a member.

B. Boundaries Committee. Minimum of five members.

C. Nominating Committee. To be appointed at the September meeting of each odd numbered year.