Constitution and By-Laws of the Montgomery Fire Department

CONSTITUTION AND BY-LAWS

ARTICLE I

NAME AND PURPOSE

SECTION 1:             The name of this organization shall be the Montgomery Fire Department, Inc.

SECTION 2:             Its’ objective shall be the prevention and extinguishing of fire and the preservation and protection of life and property incidental thereto; participation in such parades, firematic exhibitions and training exercises as are approved by the Chief of the Department and the Board of Fire Commissioners.

 

ARTICLE II
MEMBERSHIP

 

SECTION 1:             A member in good standing of the Fleet Hook and Ladder Company No. 1 or the Wallkill Engine and Hose Co. No. 2 shall automatically be a member of this organization.

                                    The qualifications to be an active firefighter are as follows:

  • Must have a District Physical (completed between November 1 and October 31)
  • Must be a member in good standing in their Company
  • Must have the minimum training as required to be a firefighter or fire police (i.e. Essentials, Basic and Intermediate, Firefighter I, etc.)
  • Must complete an 8 hour OSHA refresher course in a one year period with the year starting November 1, ending October 31.
  • All active members must attend a minimum of 12 drills or training classes with a 5-class maximum limit (5 classes + 7 drills = 12 drill credits) in addition to the 8 hour OSHA refresher course in the same time period.
  • All active members must make 10% of the total calls in that same time period.

 

The qualifications for Emergency Services (answering medical calls only) are as follows:

  • Must have a District Physical (completed between November 1 and October 31)
  • Must be a member in good standing in their Company
  • Must have the minimum training as required to answer Medical Only calls (i.e. EMT certification, CPR certification, AED certification, etc.), as well as the additional requirements as outlined for those answering medical calls.
  • Must complete an 8 hour OSHA refresher course in a one year period with the year starting November 1, ending October 31.
  • All active members must attend a minimum of 12 drills or training classes with a 5-class maximum limit (5 classes + 7 drills = 12 drill credits) in addition to the 8 hour OSHA refresher course in the same time period.
  • All active members must make 10% of the total calls in that same time period.

 

These qualifications must be met in order to vote for firematic officers, in both the Department and Company elections. 

Also active members must have a minimum of one year of service from the date of acceptance by the Montgomery Fire District to be eligible to vote.

Anyone under the age of 18 will NOT be eligible to vote.

SECTION 2:             Members shall be governed by the Constitution and By-Laws of the Individual Company, tithe Standard Operation Procedures of the Montgomery Fire Department and the Montgomery Fire District, and the Constitution and By-Laws of the Montgomery Fire Department.

SECTION 3:             It is understood that at no time will any member of the Montgomery Fire Department be discriminated against or will any type of harassment be tolerated on the premises or on the fire ground.  This type of behavior will not be tolerated and will be reported to the Board of Fire Commissioners and to the proper law enforcement authority as appropriate.

No person shall be discriminated against because of race, creed, color, national origin, handicap, sex, age, sexual preference or marital status.

SECTION 4:             Junior Firefighters - School Attendance – Permissible hours to be at the Firehouse

Any member classified as a 16/17 year-old firefighters (ages 16 until 18th birthday) attending a secondary level of education (high school) whether day or evening classes, formal schooling, vocational, home schooling or General Equivalency Diploma schooling, must meet the minimum requirements established by that school (i.e. grades, attendance work) in order to remain a member of their respective companies (Fleet Hook & Ladder Co #1 and Wallkill Engine & Hose Co. #2).

16/17 year-old firefighters cannot be in the presence of the firehouse during those scheduled hours established by the secondary school (day, evening, vocational, home schooling, GED, etc.)  Exceptions to this rule would be for school holidays or other days off as determined by their secondary school.

16/17 year-old firefighters cannot leave their scheduled classes to attend fire training, or any other firematic event (unless prior approval – signed release – has been signed by both parent/guardian and the school and given to the Chief.

Those 16/17 year-old firefighters not obeying these requirements as outlined above, will be subject to suspension (time to be determined by the Chief in conjunction with the school and parents/guardians) up to and including expulsion from their respective fire company.

 

ARTICLE III

OFFICERS

SECTION 1:             The following shall be the officers of the Montgomery Fire Department:

  • President, Vice-President, Secretary, Treasurer, Chaplain, and a Sergeant-at-Arms, who shall be known as Civil Officers.

 

  • Chief, First Assistant Chief, Second Assistant Chief, Third Assistant Chief, two (2) Captains, and four (4) Lieutenants, who shall be known as Firematic Officers.
  • There shall be a Captain, First Lieutenant, and Second Lieutenant of the Fire Police Squad.

 

  • There shall be a Medical Officer, Training Officer and Safety Officers.
  • There shall be a Board of Directors of the Montgomery Fire Department, which shall conduct the civil affairs of the Department between the Department meetings. The Board of Directors (also known as the Executive Board) shall consist of the Jr. Past President, President, Vice President, two (2) Wardens from each Company, and the Department Secretary.  The Secretary shall be a non-voting member.  The term of membership shall be as follows:  President, Vice President and Secretary one (1) year.

 

The Terms of the Wardens shall be governed by the Constitution and By-Laws of their individual companies.

SECTION 2a:           The terms of the Chief and Assistant Chiefs shall be for a period of one (1) year, except for the Chief, who will not exceed five (5) consecutive years.  Their term shall run from the organizational meeting of the Fire District, when they are approved by the Board of Fire Commissioners or until the organizational meeting of the following year, or until a successor is chosen.

SECTION 2b:           The term of all other officers shall be for a period of one (1) year, with the exception of the Wardens, or until their successor is chosen.

SECTION 2c:           The terms of the Wardens are governed by the Constitution and By-laws of the respective companies.

 

ARTICLE IV

DUTIES OF OFFICERS

Any member holding the office of President, Vice President, Treasurer or Secretary will be required to attend a minimum of eight (8) meetings per year.  Failure to do so may result in impeachment as outlined in Article IX, Section 1.

SECTION 1:             PRESIDENT– It shall be the duty of the President to preside at all meetings of the organization and of the Executive Board, in accordance with parliamentary procedure; to call special meetings when, in his/her judgment, they are necessary, or upon written request of five (5) members; unless otherwise provided, he/she shall appoint all committees; to enforce the observance of the Constitution and By-Laws; and to install newly elected officers and members.  The President shall not vote on any question other than the Election of Officers and members, except in case of an equal division, when his/her vote shall decide.  The President shall serve on all committees.

SECTION 2:             VICE PRESIDENT – The Vice President shall assist the President in the discharge of his/her duties and in the case of the President’s absence or disability, or should the office of the President become vacant, shall assume the duties of the President.  The Vice President is responsible for sending the appropriate greeting card and/or gift when a member is ill or as otherwise directed by the President and/or membership.

SECTION 3:             TREASURER – The Treasurer shall keep charge of the funds of the Department and keep a correct account of all monies received by him/her, pay all drafts ordered, present a report on the income and expenses of the Department to the membership at each regular meeting; shall submit his/her books and account to the Board of Directors when called upon; shall within fifteen (15) days after the election of his/her successor, deliver to him/her all money, papers, books or other property in his/her possession belonging to the Department.  The Treasurer shall be bonded in the amount of $100,000.  The Treasurer will be given a yearly stipend of $600.00 in appreciation of his/her duties performed during the course of the year.

SECTION 4:             SECRETARY – The Secretary shall keep a correct record of all the proceedings of the Department, shall notify members either personally or in writing of all special meetings; he/she shall read all communications and bills at the annual and regular meetings; he/she shall keep on file all documents relating to the business of the Department and shall conduct all of its correspondence.  He/She shall forward to the Board of Fire Commissioners, the result of the December election for both the District and Civil Officers before the Re-organizational Meeting of the Fire District.  He/she shall perform such other duties as are incidental to his/her office or as may be imposed upon him/her by the organization or the Board of Officers.  The Secretary will be given a yearly stipend of $600.00 in appreciation of his/her duties performed during the course of the year.

SECTION 5:             SERGEANT-AT-ARMS – The Sergeant-at-Arms shall be charged with the responsibility of preserving order and decorum at meetings.  He/she shall not admit anyone to the meeting who is not entitled to admission and shall assist the President in anyway required.

SECTION 6:             WARDENS – It shall be the duty of the Wardens to have control of all properties belonging to the Montgomery Fire Department.  They shall be responsible for maintaining all property belonging to the Department in good working condition and/or order.

If a Warden witnesses deliberate destruction of Department property by a member, immediate suspension will result, with a report to the Department Executive Board for further deliberation and decision.

SECTION 7a:           CHIEFS – Duties of Chief and Assistant Chiefs of the Montgomery Fire Department of the Montgomery Fire District – the Chief shall, under the direction of the Board of Fire Commissioners, have exclusive control of the members of the Fire Department at all fires, inspections, reviews, when the fire department is on duty or at a parade; he/she shall also have supervision of the engines, fire trucks, pumpers, hose wagons, and other apparatus, and of the equipment and other property used for the prevention or extinguishment of fire and of all officers and employees of the fire department.

He/she shall see that the rules and regulations of the Board of Fire Commissioners are duly executed.  He/she shall, whenever required by the Board of Fire Commissioners, report to said Board the condition of the property of said Fire District and such other information as may be required of him/her.  He/she shall hold the members, officers, and employees of the fire department strictly to account for neglect of duty on the fire ground and may suspend them for improper conduct.

In case of the disability or absence of the chief, the First Assistant Chief, the Second Assistant Chief, the Third Assistant Chief, in numerical order, shall perform the duties and exercise the powers of the Chief.  When the fire department or any company or squad thereof is on duty, not member of the Board of Fire Commissioners shall interfere with the duties of the Chief or Assistant Chiefs.

The Third Assistant Chief must have been a past Chief or outgoing Chief of the Montgomery Fire District.  His/her term shall be for one year.

SECTION 7b:           The Jr. Past President shall preside over the Department meetings in the absence of the President and the Vice President.

SECTION 8a:           The Chain of Command in descending order shall be Chief, First Assistant Chief, Second Assistant Chief, Third Assistant Chief, Captain, First Lieutenants and Second Lieutenants.

SECTION 8b:           It shall be the duty of the Line Officers to assist the Chief in all duties.  In the case of the absence or inability of the Chief to act, the duties of the Chief shall be exercised by the highest-ranking line officer present.

SECTION 8c:           The Captains and Lieutenants are also governed by the Constitution and By-Laws of their individual companies.

SECTION 9a:           CAPTAIN OF FIRE POLICE – The Captain of the Fire Police shall be in command of the Fire Police Squad and shall be directly responsible to the Chief.  He/she shall see that all Fire Police are properly instructed in their duties.  He/she must be approved by the Board of Fire Commissioners before taking office and upon such approval file an Oath of Office at the Office of the Town Clerk.

SECTION 9b:           LIEUTENANTS OF THE FIRE POLICE – Same as Section 9a by direct chain of command.

SECTION 9c:           The officers of the Fire Police are elected by the members of the Fire Police Squad.

SECTION 10:           MEDICAL OFFICER – shall be elected by the membership for a term of one (1) year.  He/she must be a currently certified N.Y.S. EMT or higher qualifications.

SECTION 11:           SAFETY OFFICERS – the Chief shall appoint a minimum of one (1) or a maximum of three (3) safety officers for a term of one (1) year.  The Safety Officer shall be appointed by the Chief of the Department each year.  To be considered for the position of safety officer, the member must have ten (10) years experience in the Montgomery Fire Department, and have held the office of Chief or Assistant Chief or have the necessary NYS training for Safety Officers.

He/she must have completed the following New York State courses:  Firefighter Safety and Survival and Firefighter Health and Safety Program.  He/she is responsible for the safe operation of members at drills on the fire ground or the training officer at drills.  He/she will bring to their attention any and all unsafe acts.  It is the responsibility of the Chief in charge on the fire ground or the training officer on the drill ground to evaluate the unsafe act or conditions and take corrective action.

 

ARTICLE V

ELECTION OF OFFICERS

SECTION 1:             The Election of the Civil, Firematic Officers and Fire Police Officers shall take place on the first Thursday after the second Tuesday in the month of December.

SECTION 2:             Procedure and Sample Ballot

                                    October Meeting

  • Appoint Nominating Committee.  Consisting of three (3) or four (4) members.

 

  • Anyone interested in running for office should contact the Committee.
  • Company dues must be paid by October 31 of the current year to be eligible to vote.  Each Company Financial Secretary is to provide the Department Nominating Committee with an up-to-date listing by November 1, showing those members who are eligible to vote in December.

 

Members must have served one (1) year to be eligible to vote in Department/District elections.

November Meeting

  • Nominating Committee reports nominees names, also asks for any nominations from the floor.

 

  • Nominations closed.
  • Appoint three (3) Tellers for December election (one to act as Chairman).  The tellers shall not have a direct or personal involvement in the elections.

 

BETWEEN NOVEMBER MEETING AND DECEMBER ELECTIONS:

Ballots should be prepared with nominees’ names – including a space for write-in candidate.  This should be done by the Tellers.

December Meeting

On Election Night, as set up by law, between the hours of 6:30 p.m. to 7:30 p.m.  The meeting room will be the only location for voting, unless a prior arrangement for another location is made.  Voting and the casting of ballots will be done in that location only.

Probationary Members are not eligible to vote in Department/District elections until they have completed their Company’s probationary requirements to be a Firefighter or Alternative Firefighter.

There will be no electioneering on the firehouse premises the day of elections.  Members must show a paid up dues card to be eligible to vote, or be a Life Member.  Life Members must show a Life Membership Card.

Write-in candidate’s names must be spelled exactly the same on all ballots. Ballots will be considered invalid according to Robert’s Rules of Order.

Absentee Balloting – if a member is unable to participate in the voting processes and desires to do so, he/she will be able to cast their vote via an absentee ballot.

The Absentee Ballot, along with special envelopes will be given to the member requesting such ballot no later than ONE WEEK BEFORE THE SCHEDULED VOTING NIGHT.

The member voting shall place his/her signature where required on the envelope and will mail the ballot to a location as specified or hand-delivered to a Teller or their designee, and to be received by the Tellers no later than the evening of the vote.  The Tellers will maintain a list of those requesting absentee ballots and shall have that list with them on the evening of voting to ensure no duplicate ballots.

Any absentee ballots that appear to be tampered with shall be voided.

The Head Teller shall not cast a ballot unless a tie occurs.


SAMPLE BALLOT

 

SELECT ONLY ONE NAME FOR EACH OFFICE.
BE SURE TO MARK BOX NEXT TO YOUR SELECTION WITH AN “ X “ OR “ [”

CHIEF

FIRST ASSISTANT CHIEF

SECOND ASSISTANT CHIEF

___ Name of Candidate

___ Name of Candidate

___ Name of Candidate

___ Name of Candidate

___ Name of Candidate

___ Name of Candidate

___ Name of Candidate

___ Name of Candidate

___ Name of Candidate

___

___

___

 

 

 

 

THIRD ASSISTANT CHIEF*

 

 

___ Name of Candidate

 

 

___ Name of Candidate

 

 

___ Name of Candidate

 

 

___

 

*-MUST BE A PAST CHIEF OR OUTGOING CHIEF OF THE MONTGOMERY FIRE DISTRICT.

SECTION 3a:           Any candidate running for the office of Chief or First or Second Assistant Chief must have at least one year experience as Captain of the Fleet Hook & Ladder Company or the Wallkill Engine & Hose Company within the preceding five (5) years.  If a candidate has held the office of Second Assistant Chief or higher within the preceding five (5) years the candidate shall have met the above requirements.  The candidate must also meet the requirements of an Active Firefighter as outlined in Article II, Section 1.

Any candidate running for the office of Third Assistant Chief must have been a past Chief of the Montgomery Fire District.

SECTION 3b:           Any candidate for the office of Assistant Chief or Chief must have successfully completed the following courses as offered by the State of New York or equivalent courses:

  • Basic Firefighter
  • Hazmat First Responder
  • Incident Command
  • Introduction to Fire Officer
  • Apparatus Operator – Pump
  • EVOC
  • Basic Fire Police

 

SECTION 3c:           Any candidate for the office of Assistant Chief or Chief must reside within the borders of the Montgomery Fire District.

 

SECTION 3d:           Each candidate shall be a member in good standing in their respective company as outlined in their Company’s respective By-laws.  The candidate must also meet the requirements of an Active Firefighter as outlined in Article II, Section 1.

SECTION 4:             The successful candidate for the office of Chief and Assistant Chiefs shall be presented to the Board of Fire Commissioners at their Organizational Meeting to be approved by the Board of Fire Commissioners.

SECTION 5:             The Board of Fire Commissioners, if a candidate is not approved by the Board, shall call an election by members of the Fire Department at which time a new candidate shall be elected to take the place of any candidate not approved, which procedure shall continue until a full set of officers is approved.

SECTION 6:             The Offices of President, Vice President, Secretary, Treasurer and Sergeant-at-Arms, shall be nominated at the November meeting and voted upon at the December meeting.  Their term shall be fore a period of one (1) year beginning January 1st.

SECTION 7:             The Offices of Captains and Lieutenants shall be elected by their respective companies at their December meetings.  They shall take office on January 1st.  Their terms shall be for a period one (1) year.

SECTION 8:             Fire Police Officers shall be elected by the Fire Police Squad at their December meeting.  They shall take office on January 1st.  Their term shall be for a period of one (1) year.

SECTION 9:             Only members meeting Montgomery Fire District requirements for active firefighters and are members in good standing and not in arrears in dues in their respective companies shall be eligible to vote for the following Chief Officers:  Chief, First Assistant Chief, Second Assistant Chief, or Third Assistant Chief.

SECTION 10:           Members in good standing (firefighters, active or life members) not in arrears for dues and eligible to vote in their respective companies may vote for Civil Officers.

SECTION 11:           Members eligible to hold office in their respective companies may hold a Civil Office.  A Chief or an Assistant Chief may not hold that current office and the office of President or Vice President of the Department at the same time.

SECTION 12:           The Nominating Committee shall verify that all candidates are qualified and present their findings to the President and the membership at the November meeting.

SECTION 13:           16 and 17 year old members may not hold any office, but may vote for some if qualified.  See Section 9 and Section 10 in Article V.

ARTICLE VI

MEETINGS

SECTION 1:             There shall be a regular meeting of this Department on the Second Thursday of each month, commencing at 7:30 p.m. or as announced.   December shall be known as the Annual Meeting.

SECTION 2:             Ten (10) members shall constitute a quorum for all regular or special meetings.

SECTION 3:             The Order of Business shall be:

  • Pledge of Allegiance to the Flag
  • Reading of the Minutes of the Previous Meeting
  • Officer’s Reports
  • Committee Reports
  • Correspondence
  • Unfinished Business
  • Chief’s Annual Report
  • Election of Officers
  • New Business
  • Bills
  • Treasurer’s Report
  • Good of the Department/Sick Call
  • Ways and Means
  • Moment of Silence for Departed Members
  • Adjournment

 

SECTION 4:             The Department Secretary shall keep on file a list of all current committees.

SECTION 5:             Roberts Rules of Order shall prevail at all meetings.

 

ARTICLE VII

ANNUAL DINNER

A Committee (representing the Commissioners, Fleet Hook & Ladder Co., #1 and Wallkill Engine & Hose Co. #2 shall be in charge of arranging the Annual Installation Dinner.

Each Active Firefighter or Life Member will be given an invitation to the Annual Installation Dinner for themselves and a guest.  Associate Members will be allowed to attend if they contribute one-half (1/2) of the cost of the dinner for themselves and/or their guest.

Special guests to the Annual Installation Dinner will be determined by one of the following:  Commissioners, Chief of the Department and President of the Department.

Those Members who wish a special guest to be invited to the Annual Installation Dinner, must speak with one of the individuals listed above, who will forward that information to the Committee.

ARTICLE VIII

AMENDMENTS TO THE CONSITUTION AND BY-LAWS

SECTION 1:             No alterations of amendments shall be made to this Constitution except by a two-thirds (2/3) vote of the members present at a summoned meeting of this department and all proposed alterations of amendments must be made in writing and must lay over one meeting before action can be taken on the same.

SECTION 2:             All proposed amendments to the By-Laws must be submitted in duplicate with one copy to be given to the Secretary for placement in the minutes and the second copy to be posted on the Department bulletin board for a period of one meeting.

SECTION 3:             This Constitution shall go into effect during 1994 and shall supercede all former Constitutions of the Department.

SECTION 4:             These By-laws will be reviewed no less than once every two years.

 

ARTICLE IX

REGULATIONS

SECTION 1:             No member shall conduct himself/herself improperly while on duty or shall be guilty of violation of the orders of the person in command, or shall be intoxicated or under the influence of drugs at an alarm of any kind, or a drill, school, seminar, or any firematic function.  Each person shall remember they are representing their individual company and the Montgomery Fire Department when out of this firehouse and should conduct themselves accordingly.

SECTION 2:             No member shall make a false report of another member of this Department.

SECTION 3:             All members are strictly forbidden to congregate in the truck rooms for gambling, drinking, or other disreputable purposes.  (Normal use accepted).

SECTION 4:             No member shall break, injure or use for personal use, the furniture or property belonging to the company, department or district.  They shall, on complaint of a member and conviction, pay for all damages done or be expelled.

SECTION 5:             If it is necessary to provide the Department refreshments while on duty, the person-in-charge shall provide the same at the expense of the Department.

SECTION 6:             No member shall leave the meeting without permission of the presiding officer.

SECTION 7:             All members shall come to order when called on.

SECTION 8:             No member shall introduce religious or labor subjects, nor use indecent or profane language or any personalities toward any member.

SECTION 9:             No member shall inform any person, not a member of this department, of any business transacted at a meeting.

SECTION 10:           No member shall loan the key or combination to the engine house to any person not a member of this Department.

SECTION 11:           Every person, previous to speaking, shall rise from his/her seat and address the presiding officer.  When two or more members shall rise at the same time, the presiding officer shall designate the one entitled to the floor, and in case any member considers himself/herself aggrieved, he/she shall at time have privilege of appealing form the decision of the presiding officer, and no person shall be entitled to speak more than twice on the same subject unless he obtains permission from the President.  No member shall interrupt another while speaking.

SECTION 12:           When a question is put before a meeting to be voted upon, all eligible members, except those personally interested, must vote on the same by raising the right hand for or against, unless excused by the chair.

SECITON 13:           The President shall have the power to appoint the chairperson of all special committees, the said chairperson to have the privilege of appointing the balance of that committee.

SECTION 14:           After the meeting is called to order, each member shall be seated and head uncovered.

SECTION 15:           An amendment is at all times in order, and if accepted by the mover of the resolution, the question shall be on the amendment; if not, the amendment shall be the first under consideration.

SECTION 16:           There shall be no eating, drinking of alcoholic beverages or smoking during meetings.


SECTION 17:           Members shall abide by the House Rules as follows:

                                    Members will refrain from loud or abusive language when in or around the firehouse.

                                    Fighting on the property will not be tolerated.

                                    It is the responsibility of every member to report any problems, damage to property, etc. with the property to the Wardens.

                                    Smoking is allowed only in the Bar area only.  It is understood and agreed that smoking by individuals under the age of 18 is not allowed on the grounds or in the buildings.

                                    Alcoholic beverages are allowed in designated areas only.  It is understood and agreed that drinking by individuals under the age of 21 is illegal and prohibited by law.

                                    After a meeting the (a) responsible party(ies) shall make sure the meeting room is presentable before leaving the building.

                                    Under age 18 guests will not be permitted in the firehouse after 10:00 p.m., unless accompanied by a member (over 18) and a parent or guardian.

                                    Members must not sit on tables, place feet on walls or misuse furnishings or equipment.

                                    It is every member’s duty, when leaving, to see that that condition of the building is presentable.  This includes, but is not limited to:  turning out the lights, locking the doors, emptying the trash, wiping down tables, countertops or picking up spills on the floor.

                                    Alcoholic beverages will not be seen nor imbibed in front of the firehouse.

                                    NO PROPERTY MAY BE BORROWED FROM THE FIRE HOUSE.

                                    Company and Department by-laws will remain in effect.

                                    If Warden witnesses deliberate destruction of Department property, immediate suspension will result with a repot to the Department Executive Board for further deliberation and decision.

                                    If a Member witnesses deliberate destruction of Department property, it shall be reported to the Wardens who will turn it over to the Executive Board for deliberation and decision.

SECTION 18:           No member shall leave a fire or an alarm, unless excused by the Officer-in-Command, until all apparatus is properly housed and they have signed the roll.

ARTICLE X

IMPEACHMENT, EXCUSES

SECTION 1:             Any officer of this Department may be impeached for mal-administration of office at a regular meting, or on written charges having been preferred against him/her to the Board of Fire Commissioners if he/she is a Line Officer or the Executive Committee if he/she is a Civil Officer who shall investigate and bring the same before the next regular meeting when, if the charges be sustained, he/she may be reprimanded, suspended, removed from office, or expelled from the Department, by a two-thirds (2/3) vote, providing always that he/she shall have a copy of the charges preferred against him/her served upon him/her at least ten (10) days previous to the time set for a hearing before the Board of Fire Commissioners or Executive Committee, and an opportunity to give him/her to appear and make his/her defense at such a meeting.

SECTION 2:             The following are legal excuses for Company and Department drills, meetings and firematic functions:  work, sickness, school, death in family, family care, vacation.

SECTION 3:             Any member violating Article VII – REGULATIONS or any other Article of this Constitution and By-Laws shall be reported to and handled by, the Executive Board of the Montgomery Fire Department, and/or Chief Officer, depending upon the charge(s).

SECTION 4:             The Person-in Charge at a department function or at the firehouse may suspend a member for cause and shall report in writing, the same to the member’s company for further action at their next regular meeting.  The member must be served in writing at least ten (10) days prior to the meeting, unless the offense takes place less than ten (10) days prior to the meeting in which event the officer will verbally inform the member of the charges and the date of the meeting at which the charges will be heard and to appear at the Company meeting in person.

                                    2000 By-Laws Committee:           Roger Andolsek
                                                                                                Greg Kaufmann
                                                                                                John Matthews
                                                                                                Robin Reynolds
                                                                                                Dennis Stanton
                                                                                                George Weeden

                                   

 

2002 By-Laws Committee:           Roger Andolsek
                                                                                                Greg Kaufmann
                                                                                                Robert A. Reynolds, Sr.
                                                                                                Robin K. Reynolds
                                                                                                Miquel Rios
                                                                                                Dennis Stanton
                                                                                                Quinn Stanton
                                                                                                George Treutle
                                                                                                George Weeden

2005 By-Laws Committee:           Department Board of Directors

2006 By-Laws Committee:           Department, Company and Commissioners

2007 By-Laws Committee:           Department

2008 By-Laws Committee:           Department


CHRONOLOGY

1995

Bylaws recreated to reflect change to Fire District.

1997

Review of 1995 bylaws, reflected changes to include female personnel and minor typographical corrections.

2000

Major review of the bylaws; added anti-discrimination paragraph; addition of Third Assistant Chief; Duties of Wardens specified; Jr. Past President to preside at meetings in absence of President and Vice President and be on Executive Board.  Removed sections, etc., that pertain to firematic responsibilities which belong to the Chief as outlined by the Fire District; Elections – tellers, location, absentee ballots; Revised Order of Business; Revised House Rules.

2002

Thorough review of bylaws; revised duties of Vice President, Wardens; Third Assistant Chief; Election of Medical Officer; Payment of Company dues before Nominations; Probationary Members eligibility to vote; further specification for absentee ballots; responsibilities of Head Teller; revision of courses required for the office of Assistant Chief or Chief; clarification of a member in good standing; Chief or Assistant Chief not holding the office of President or Vice President of the Department; the duties of the Nominating Committee; re-alignment of order of business; lay-over period for amendments to the By-Laws; House Rules; authority of Wardens and members witnessing deliberate destruction of Department property; clarification  of Article IX, Section 3.

2003

Change to Article V—Election of Officers – each company is provide a listing of members eligible to vote at the December elections, and members must have served one year to be eligible to vote in Department/District elections.
Change in duties of Secretary.  Minor clerical typographical errors corrected.

2004

Review of Bylaws, Additional typographical errors corrected.

2005

Election of officers – revised to show active members and voting for Chief Officers.
Meetings – time change to 7:30 p.m.  Election hours changed to 6:30 p.m. to 7:30 p.m.
Article II, Section IV – 16/17 Year Old Fire Firefighters
Article VII – Annual Dinner – new section

2006

Article IV, Section 11 – Safety Officer – added “or have the necessary NYS training for Safety Officers.

Article V, Section 1 – add Fire Police Officers to elections the same night as Civil and Firematic Officers.


 

2006

Article II, Section I – Membership:  qualifications for active firefighter
Article III, Section I – Officers:  addition of Chaplain
Article IV, Section 11 – Safety Officers – can also be members who have the appropriate NYS Training for Safety Officers.
Article V, Section 1 – inclusion of election of Fire Police Officers on the same election night.

2007

Article V – Section 3a and 3d referencing the candidate must also meet the requirements of an Active Firefighter as outlined in Article II, Section 1.
Stipend for Treasurer and Secretary in appreciation for duties performed during the course of the year.

2008

Addition of members specifically as Emergency Medical personnel.


 

Constitution

and

By-Laws

of the

Montgomery Fire Department

 

Originally Adopted:  1995
Revised and Approved:  2008

 

Copyright © Montgomery Fire Department 1810 - 2012