POCOMOKE CITY VOLUNTEER FIRE
CO., INC.
POCOMOKE CITY, MARYLAND
CONSTITUTION
(Updated 12-03-07)
PREAMBLE
Whereas, The preservation of good order and the equalization and defining
of duties are essential to the well being of all associations, therefore
be it
RESOLVED, That we, members of the Pocomoke City Volunteer Fire Company,
Inc., of Pocomoke City, Maryland, do hereby adopt and agree to support
for our government the following Constitution and By-Laws, and hold
ourselves bound each to the other in law and order, for their faithful
observance.
ARTICLE I- COMPANY NAME AND
FISCAL YEAR
SECTION 1. This Company shall be known as Pocomoke City Volunteer Fire
Company, Incorporated, of Pocomoke City, Maryland.
SECTION 2. The fiscal year of the Company shall be January 1 through
December 31.
ARTICLE II-OFFICERS AND DUTIES
SECTION 1. The executive officers of the Company shall consist of a
President, Vice President, Corresponding Secretary, Recording Secretary,
Treasurer, three (3) Trustees, and a Chaplain. Line officers shall consist
of a Chief, Assistant Chief, Captain, First and Second Lieutenants,
Chief Engineer, two (2) Assistant Engineers, and a Training Officer.
Members may be permitted to hold an executive office and a line office
at the same time with the exception of President and Chief, which may
not be held by the same member. Each officer shall hold office until
a successor is duly elected the following year, except the Trustees,
who will be elected to serve three (3) year staggered terms. Officers
shall be elected at the annual meeting in January.
SECTION 2. The President shall preside at all meetings of the Company;
preserve order thereat; announce the decisions of the Company in all
cases; cast the deciding vote in all cases of tie except in the election
of officers; and exercise a general supervision and control of the Company
at all meetings.
SECTION 3. It shall be the duty of the Vice President to assume the
duties of President in the absence of that officer.
SECTION 4. It shall be the duty of the Recording Secretary to make accurate
minutes of the transactions of the Company; answer all communications;
attend to all correspondence; keep records on all fires and drills;
do all secretarial work on all committees and perform such other duties
as the Company may require. The Recording Secretary shall be paid $300.00
per year for such duties.
SECTION 5. It shall be the
duty of the Corresponding Secretary to make accurate roll calls of fires;
read all correspondence and bills; make vouchers for bills and, when
approved by the Company, sign and give to Treasurer for payment; make
a list of all incoming monies; pick up mail from the Post Office at
least twice a week; and be ready to assume duties of President in the
absence of the President & Vice President.
SECTION 6. It shall be the duty of the treasurer to receive all monies
and deposit same in the name of the Company in one of the banks of Pocomoke
City, Maryland; keep an accurate account of all money received and expended;
pay all bills by check as ordered by the Company and signed by the President
and Secretary; and make a full report at the annual meeting in January.
He must also give bond, approved by the Company for three hundred fifty
thousand ($350,000) dollars.
SECTION 7. It shall be the duty of the Trustees to have charge of and
keep an accurate account of the Company’s property, and at the
end of the year to make to the Company a full inventory of the same.
They shall see that all accounts have been properly audited report the
same to the Company within two (2) months after the close of the fiscal
year. It shall be the duty of the Trustees to submit a budget to the
Company for approval within sixty (60) days after the end of the fiscal
year.
SECTION 8. The Chief shall superintend in person and direct all ordinary
and necessary repairs to all fire apparatus and Fire Company equipment,
and in all cases of fire threatening damage or destruction of property,
take prompt and efficient measures and use the means of the Company
to extinguish the same and shall, at such time on occasion of alarm
of fire, have sole and absolute control and command over all fire apparatus
and the Company. The Chief shall be in charge of all equipment and be
an ex-officio member of all committees. At the end of each quarter,
after the Officers have reviewed the attendance of the Members, the
Chief will read out the names of all members not meeting the membership
requirements.
SECTION 9. It shall be the duty of the Assistant Chief to assist the
Chief in the discharge of his duties, and in the absence of that Officer,
to assume the duties of the position of Chief.
SECTION 10. It shall be the duty of the Captain to assist the Chief
and the Assistant Chief in the discharge of their duties and, in the
absence of those officers, to assume the duties of the position of Chief.
SECTION 11. It shall be the duty of First Lieutenant to assist the Chief,
Assistant Chief, and Captain in the discharge of their duties and, in
the absence of those Officers, assume their duties.
SECTION 12. It shall be the duty of the Second Lieutenant to assist
the Chief, Assistant Chief, Captain, and First Lieutenant in the discharge
of their duties, and in the absence of those Officers, assume their
duties.
SECTION 13. It shall be the duty of the Chief Engineer to make all necessary
repairs to, and keep all equipment in good order at all times. It shall
be the duty of the Chief Engineer to maintain an area on the premises
under lock and key where all parts and supplies for the motorized equipment
will be kept. It shall be the duty of the Chief Engineer to maintain
an inventory of such supplies and furnish a copy to the Trustees and
Chief by January 31 of each year. In the absence of the above officers,
the Chief Engineer shall assume their duties and responsibilities
SECTION 14. It shall be the duty of the Assistant Engineers to assist
the Chief Engineer in his duties.
SECTION 15. It shall be the duty of the Training Officer to plan out
and coordinate all training for the Company, including regular drills.
He shall keep records of all training received by the members of the
Company. In the absence of the above Officers, the Training Officers
shall assume the duties of the Chief, Assistant Chief, Captain, First
Lieutenant and/or Second Lieutenant.
SECTION 16. The officer in charge of the fire ground may recruit volunteers
to assist in emergency operations. Such volunteers will be considered
Active Members until such time as they are discharged. The officer in
charge, for official record, shall take names of volunteers.
SECTION 17. It shall be the duty of the Fire Records Clerk to maintain
all records for the Company on the Company Computer. These records will
include drills, meetings, alarms and attendance. They shall also include
reports for the county, state and other records that may be required
from time to time. The Fire Records Clerk shall report to the President
and Chief.
ARTICLE III- DUTIES OF MEMBERS
SECTION 1. Upon the alarm, every member except those duly authorized
by the Chief shall report to the Engine House and assist in conveying
the apparatus to the place of the emergency and locating the same in
compliance with the orders of the Officer in command, after which members
will assume their respective positions and do all in their power to
mitigate the emergency and preserve life and property and, when the
emergency is declared under control, or in the case of a false alarm,
to aid in returning the apparatus to the Engine House. In case the apparatus
is gone when a member gets to the Engine House, it shall be his or her
duty to remain at the Engine House until given orders to proceed to
the scene or are dismissed by the officer in charge.
SECTION 2. Rosters must be called for every alarm. On calling the roster
after each alarm, each and every member present shall answer to their
individual name and no other, except the officers, who shall answer
for those they may have been excused at the scene. Those present, who
do not answer to their names when twice called, shall be deemed absent
and so marked. Rosters must be marked “X” for present at
the scene of the alarm. “P” for present at the Engine House,
“T” for training, and not other mark, sign, or report must
be made regardless of where the individual may be.
SECTION 3. Any member caught falsely marking the roster shall be expelled
from the Company.
ARTICLE IV - ALARMS
SECTION 1. The blowing of the fire siren and /or activation of pagers
to announce an emergency shall constitute an alarm.
ARTICLE V - MEETINGS
SECTION 1. The annual meeting of the Company shall be held on the first
Thursday in January, when the officers shall be elected for the ensuing
year. The regular business meeting will be held on the first Thursday
of each month at 7:00 p.m.
SECTION 2. The regular drill will be held the third Thursday of each
month at 7:00 p.m.
SECTION 3. In the case of the absence of the secretary, the president
shall appoint one in his stead.
SECTION 4. The president may call a Special Meeting of the Company for
the specific purpose if a majority of the members are duly notified
of the meeting at least 72 hours in advance of the meeting. Notification
can be accomplished either through the mail, by phone contact, or through
the activation of pagers.
ARTICLE VI - QUORUMS
SECTION 1. 51% of the members of the Company shall constitute a quorum
for the transaction of business.
ARTICLE VII – ELECTION OF OFFICERS
SECTION 1. An election of officers shall take place at the annual meeting.
The Nomination Committee shall be appointed at the regular meeting in
November and shall erect a Nominating Board immediately after that meeting.
Members desiring to run for any office shall post their name on the
board by the regular meeting in December. Any member failing to win
election to a desired office may be nominated for another office. The
Nomination Committee will verify all nominations and be in charge of
the elections.
SECTION 2. Any vacancy occurring among Officers shall be filled by ballot
of members at the next regular meeting after said office has been declared
vacant.
SECTION 3. No Member shall be eligible to hold office, other than that
of Chaplain, until he or she has been a Member of this Company for a
period of two (2) years.
ARTICLE VIII – HOUSE COMMITTEE
SECTION 1. The incoming President shall appoint a House Committee consisting
of five (5) members not later than the first Thursday of February. The
House Committee shall abide by the following rules:
1. The House committee shall make a semi-annual inspection of the Engine
House and report their findings to the Company.
2. In the event repairs are necessary and approved, the House Committee
shall have them completed and send the bill for the same to the Mayor
and Council of Pocomoke City, for payment.
3. The House Committee shall see that the Engine House is kept clean
and presentable at all times. The House Committee shall be responsible
for keeping an inventory of cleaning supplies and shall report such
inventory to the Chief and Trustees by Jan 31 of each year.
4. Any person or organization desiring to use the Fire Hall shall contact
the President of the Fire Company, giving him the date and time needed.
The President shall contact the Chairman of the House Committee, who
shall contact the President of the Ladies Auxiliary and, if the Fire
Hall is available, upon a majority vote of the House Committee, it shall
then be rented at a rate to be set by the Committee from time to time.
5. It is understood and agreed between the Fire Company and Ladies Auxiliary
that there will be no charge for the hall when the Auxiliary serves
dinners.
6. A written copy of rules and regulations for use of the Firehouse
will be on file in an accessible location and a copy with the Chairman
of the House Committee.
7. Members of the Fire Company and Ladies Auxiliary may use the Hall
at no charge. All will be required to follow the rules and regulations.
ARTICLE IX – DELEGATES AND ALTERATES
SECTION 1. On the regular meeting night in April, the President shall
appoint five (5) delegates and five (5) alternates to attend the Convention
of any Fireman’s Association of which the Company is a member.
ARTICLE X – APPLICATION FOR MEMBERSHIP
SECTION 1
All applications for membership in this Company must be in writing on
a form prescribed by the Membership Committee. Applicants for membership
must be eighteen (18) years of age, and reside within the Pocomoke City
Volunteer Fire Company first response area. Membership in the Company
shall be open to all qualified persons without regard to race, creed,
color, sex, religion, or national origins. All members must have a valid
driver’s license. Members and probationary members must reside
in the Company’s first response area. As vacancies occur, applicants
will, in order in which their applications are received, be voted on
by the Company for one (1) year probationary membership after their
application lays on the table for 30 days. Two sponsoring members must
be present at the time of ballot, otherwise the application will be
placed on the table for an additional 30 days or until the sponsors
are present. All Probationary Members are required during their probationary
year to:
1. Pass the Maryland Fire and Rescue Institute Basic Fire Training Course,
or any approved equivalent course.
2. Obtain certification in Cardio-Pulmonary Resuscitation by the Red
Cross or American Heart Association.
3. Earn at Least 50 Maryland LOSAP points with minimum of 40 points
in the alarm category.
4. Perform the duties of an Active Member to the satisfaction of the
Chief.
At the end of the probationary year and upon satisfactory completion
of the above requirements, each Probationary Member will be balloted
on for full Active Membership. Balloting shall be by secret ball ballot,
the said balls to be white and black. The white balls will be regarded
as favorable and the black ball as unfavorable. Seven (7) black balls
shall reject any candidate and there must be at least twenty-five (25)
balls cast to constitute a legal vote. If less than twenty-five balls
are deposited, the name of the candidate shall be held over until the
next meeting, at which time a ballot shall again be taken. If the ballot
is found to be favorable, the Probationary Member will be declared a
full Active Member by the President, and will be assigned a permanent
place on the roster by the chief. If a Probationary Member fails to
satisfy the probationary requirements, or the ballot is found to be
unfavorable, he or she will be dropped from membership. If failure to
fulfill the requirement is due to extenuating circumstances, a Probationary
Member shall have the privilege of petitioning the Company for an extension
of time in which to satisfy the requirements. A petition for extension
shall be balloted on by the Company and shall not exceed one (1) year,
if granted. If a Probationary Member fails to satisfy the requirements
by the end of the extension period, he or she will be dropped from membership.
SECTION 2. In no case shall the total of Active and Probationary Members
exceed the number provided for in Article XII.
SECTION 3. All Active Members must obtain 50 LOSAP points in the Maryland
LOSAP during the fiscal year, with a minimum of 40 points in the Alarm
category, Each member is required to make a minimum of six (6) meetings
and six (6) drills during the year in addition to other functions which
total 50 points. Any one who works nights, is sick, or has some other
hardship may request by letter to the Company, to be excused from meetings
and drills for that period. The Company shall then consider the individual
request and take such action as determined by the Company. Failure to
do so shall result in forfeiture of Active Membership. However, if the
member is eligible, he or she may be placed on the Life Membership roll.
SECTION 4. Probationary Firefighters will not be permitted to drive
apparatus to or from actual emergencies. They will, however, be permitted
to drive during instruction periods. All probationary Firefighters must
successfully complete a training program prescribed by the Chief prior
to participating in any emergency scene activity.
SECTION 5. Any member of the Pocomoke City Volunteer Fire Company who
has served in Active Service for twenty (20) successive years, or who
has been injured in active service, or who has become physically disabled,
shall, upon application, be place on the Roll of Life Membership, and
shall be entitled to all privileges of Active Members, except holding
office and voting. Any Member, presently serving as of the date of adoption
of the change to his Article shall be eligible of Life Membership after
serving ten (10) consecutive years.
SECTION 6. An Active Member who becomes temporarily unable to fulfill
the requirements of Active Membership may apply to become an Exempt
Member by petitioning the Company. The Company must vote on such a petition
and, if granted, shall not exceed one (1) year. An Exempt Member shall
not be subject to the requirement of Active Membership during this period
of exemption.
SECTION 7. Any former Active Member who resigned form the Company while
in good standing will, upon application for reinstatement, is placed
at the top of the applicant list.
SECTION 8. Any Active Member who has been expelled from the Company
because of failure to meet the set percentage of alarms, meetings or
drills, may reapply for Membership after a period of one (1) year by
submitting a standard application. Such applicant will be placed at
the bottom of the applicant list.
SECTION 9. Any Active Member with at least twenty-five (25) years of
service who has attained an age such that the combined total of age
and years of service equals eighty (80) or more shall, upon his or her
written request, be designated a Gold Badge Member. Numbers for Gold
Badge Members shall begin at 101 and be awarded consecutively as members
attain that status. Gold Badge Members shall be exempt from the attendance
requirements of this Article and shall have all the rights and benefits
of Active Membership, except for the eligibility for Line Office and
compensation for drills and fires, as long as the member resides in
our fire response area. Gold Badge Members will not be liable for membership
dues in the Company. Gold Badge members must meet LOSAP (50) points
to be eligible for service awards.
SECTION 10. A Firefighter’s number may be considered for retirement
under one or more of the following conditions:
5 1. A non-probationary Firefighter is killed in the line of duty.
6 2. A non-probationary Firefighter id disabled as the result of injuries
sustained in the line of duty.
7 3. A firefighter with at least forty-five (45) years of Active service
with the Pocomoke City Volunteer Fire Company whose death occurs while
still an Active Member of Pocomoke Volunteer Fire Company and whose
contributions to the Company have been significant during is or her
tenure.
To retire a number a fellow Firefighter must submit a written application
to the President of the Company. If the deceased Firefighter meets at
least one of the above conditions the President or his representative
will read the qualifications and recommendations on the retirement of
the deceased Firefighter’s number to the Membership at the next
regular monthly meeting. The application shall then be open to discussion
and debate by the membership. At the conclusion of this discussion,
each eligible member shall vote, by secret ballot, on the approval of
the application. A favorable vote by at least two thirds (2/3) of the
Active Membership is required to retire the number. If approved by the
membership, the nominee’s number shall be removed form the roll
call and recorded on the appropriated memorial within the Company.
ARTICLE XI – RULES OF ORDER
SECTION 1. Any person desiring to make a motion must stand on the floor
and state his motion to the Chair. All motions must be seconded. The
motion will be repeated by the Chair and may then be open for discussion.
No other motion can be made until this motion has been settled upon.
SECTION 2. The mover may withdraw a motion before debate is had thereon,
but not later, without the consent of the Company.
SECTION 3. No member shall speak more that twice on the same question
without consent of the Company.
SECTION 4. Every Member, when speaking, shall address himself in a respectful
manner, while standing, to the President and, if a member be out of
order, it shall be the duty of the President and the privilege of any
member to call him to order, he shall take his seat until the matter
is decided.
SECTION 5. All procedures of any business meeting shall be conducted
under “Robert’s Rules of Order”.
ARTICLE XII - MEMBERSHIP
SECTION 1. The total of Active and Probationary Members in this Company
shall not exceed sixty (60).
SECTION 2. The president shall appoint a Membership Committee of five
(5) members in this company no later than the first Thursday of February.
The Committee shall consist of the President, the Chief, and three members
of the Company. The Committee shall receive all applications for membership
as they are turned in and determine whether the applicant meets the
minimum requirements for membership. If the Applicant meets the minimum
requirements, then he or she shall submit to a full investigation of
the Membership Committee, including a criminal background check and
interview. Any applicant who has been convicted of a felony shall not
be eligible for membership. Upon conclusion of the investigation, the
Membership Committee shall determine whether or not the applicant is
qualified for membership. If the applicant is found to be qualified,
then he or she shall be placed on the waiting list for membership, and
at which time their name comes up, the Membership Committee shall present
their findings to the Company. If the applicant is found to not to be
qualified, then the Membership Committee shall present their findings
to the Company and shall inform the Applicant, in writing, as to why
he or she was not accepted for membership.
ARTICLE XIII- FUNERALS AND SPECIAL EVENTS
SECTION 1. A Firefighter may be authorized to wear his or her uniform
and/or use Company equipment to attend funerals or special events authorized
by the President or his representative. Such events shall be coordinated
by the president or his representative and may include parades, civic
events, Fire Company fund drives, fire prevention activities, and such
other activities which would require a member to act as an official
representative of the Company. Authorization maybe granted for participation
in funerals for any of the following:
A. Any Firefighter or police officer or government official
B. Any retired Member of this Company
C. Any Member or retired Member of the Pocomoke Volunteer Fire Company
Ladies Auxiliary
D. Any member of the immediate family of an Active Member of this Company.
Such immediate family includes spouse, parents, and children of the
Active Member. Nothing in this Article should prohibit any Member or
group of Members from attending any funeral in civilian attire.
SECTION 2. A member, retired Member or their family may request a Fireman’s
funeral. Upon receiving such a request, the President shall appoint
a Detail officer to establish contact with the family and coordinate
the Company’s participation in the services.
ARTICLE XIV –CADET PROGRAM
SECTION 1. The Pocomoke City Volunteer Fire Company is authorized to
establish a Cadet Firefighter Program.
SECTION 2. The Cadet Program
shall be administered and governed by an additional set of By-Laws.
If a conflict occurs between the By-Laws of the Cadet Program and the
Fire Company, the more stringent requirements shall prevail.
SECTION 3. The President
shall appoint a committee to oversee the operation of the Cadet Program.
BY-LAWS
ARTICLE I- RULES AND REGULATIONS OF MEMBERS
SECTION 1. There will be no smoking in the meeting room during the meeting.
SECTION 2. The poolroom, card room, lavatory, and any other form of
clubroom that may be in existence now or may hereafter be provided are
for the use of Company Members and their guests only.
SECTION 3. No person, not a Member of the Company, will be allowed in
the rooms during any regular or special meeting except as approved by
a majority of the Members present.
SECTION 4. Any member maliciously damaging or destroying any property
of the Company mast pay the cost of repair or replacement of said property
unless such payment by excused by the Company and will be subject to
disciplinary action as outlined in Article III of these By-Laws.
SECTION 5. No Member will be permitted to appear in the Engine House
in a state of intoxication during meetings or drills. Failure to leave,
when asked by the Chief or President will be reason for dismissal from
the Company.
SECTION 6. Special Fire Company License Plates shall be made available
to any bona-fide active member not on probationary status, Life Member,
or Gold Badge Member. The member shall be responsible for all costs
associated with obtaining and maintaining the special license plates.
When no longer considered a bona-fide member of the Fire Company, Then
they surrender the special license plates to the Maryland Motor Vehicle
Administration. The Company, under special circumstances, may allow
the special license plates to be retained by certain individuals. Any
such exception must be voted upon at a regular company meeting with
the approval of a two-thirds vote of the members present.
ARTICLE II- EXPENDITURES
SECTION 1. No expenditure of money or any contract shall be made unless
approved by two-thirds (2/3) of the Active Members present at the regular
meeting or at a special meeting held for a specific purpose. The Active
Members must be notified previous to holding any said special meeting.
Any purchase exceeding five hundred ($500.00) dollars shall have at
least two (2) bids, and be presented to the Company for approval.
ARTICLE III – DUES AND PENALTIES
SECTION 1. Each and every Member shall be subject to the following penalties:
A. For divulging anything transpiring during a meeting of the Company
to any person not a Member: for the first offense, three months suspension
form the Company; and for the second offense, to be dropped for the
Membership.
B. Any Member giving an incorrect excuse for nonattendance to any part
of his duty as a Firefighter shall, upon conviction, be expelled form
the Company.
C. For altering or removing anything pertaining to the property of the
Fire Company without permission of the Chief and or Trustees or for
willful abuse of the same: three (3) months suspension. For the second
offense, expulsion from the Company
SECTION 2. Charges made under the preceding section shall be referred
to a committee of seven (7) members. The President shall draw this committee
from a box containing the names of all Active Members, except that of
the accused, with each name on a separate piece of paper. The first
seven (7) names drawn will compose the committee. No member drawn may
be excused except for sickness, absence from town or by approval or
a two-thirds (2/3) vote of the members present. This Committee shall
investigate the charges proffered against the Member, and report thereon
at the next regular meeting. The Secretary shall mail a copy of the
charges and the time and place of the hearing of the said charges to
the person against whom the charges have been made. The charges will
be heard at the stated time unless the Member charged requests additional
time, in which case additional time, not to exceed two (2) weeks, shall
be granted. This Committee shall make its report at the next regular
meeting, and if a majority of members of this Committee finds the accused
guilty, the report must contain the penalty to be imposed. It shall
be the duty of the President to announce the verdict of the Committee
from the chair, and also instruct the Secretary to notify the accused
of the verdict. The action of this Committee is final and no appeal
to the Company can be taken. The person bringing the action cannot serve
on the Committee.
SECTION 3. Each Active Member shall contribute five (5) dollars annually
to the Fireman’s Relief Fund. In case a Member meets with a misfortune
of any nature, which places him in need of financial help, he or she
will become eligible to the Fireman’s Relief Fund Benefit; the
amount given to be left to the discretion of the Company.
ARTICLE IV - RESIGNATIONS
SECTION 1. All resignations must be offered in writing and it shall
be the duty of the Chief to collect all Company property in the possession
of the Member resigning.
ARTICLE V - AMMENDMENTS
SECTION 1. No addition, amendment, or change shall be made in this Constitution
and By-Laws unless by a two third (2/3) majority of the Membership present
and voting at a regular meeting. No vote will be taken on any alteration
unless such change has been proposed in writing, and laid on the table
until a subsequent meeting of the Company.
ARTICLE VI
SECTION 1. All former By-laws of the Pocomoke City Volunteer Fire Company,
Incorporated, and Rules of Order, are hereby repealed and annulled.
INCORPORATED CAHNGES
Incorporated changes since 2003
June 2004 revisions
January 2005 revisions
May 2005 revisions
Article II Section 17 added- Fire Records Clerk- May 05
ARTICLE 14 -Cadet Section bylaws created –added/ revised April,
2006
Article X, SECTION 3 amended LOSAPS 3-14-05
Last printed 12/28/2007 10:55 pm