SPLENDORA VOLUNTEER FIRE DEPARTMENT

BYLAWS: REVISED AND APPROVED 03/2009

Article I.

Name and Purpose

Sect. 1.01        The name of the organization shall be the Splendora Volunteer Fire Department (SVFD).  The organization shall be operated as a non-profit organization under the provisions of the applicable laws of the state of Texas.

Sect. 1.02        The purpose of this organization shall be to organize and maintain a combination fire department for the Montgomery County Emergency Services District #11 to attain the following goals:

1.      To give the best possible fire protection.

2.      To give assistance in the event of an emergency.

3.      To give assistance in medical emergencies as first responders.

4.      To train men and women to serve as fire fighters, rescue personnel and first responders in an emergency situation.

Article II.

Offices

Sect. 2.01        The principal office of the corporation in the state of Texas shall be located within the boundaries of ESD #11 in the county of Montgomery.  The organization may have such other offices, within the state of Texas, as the board of directors may determine or as the affairs of the corporation may require from time to time.

Sect. 2.02        The Corporation shall have and continuously maintain in the state of Texas, a registered office as required by the Texas non-profit corporation act.  The registered office may be, but need not be; identical with the principal office of the corporation in the state of Texas, and the address of the registered office may be changed from time to time by the board of directors. (Registration # 30007010249)

Article III.

Organization

Sect. 3.01        The composition of the volunteer fire department shall be as follows:

1.      The department shall be composed of one or more companies.

2.      The offices of the department shall be the Fire Chief and his/her appointees, and the Board of Directors.

Article IV.

Fiscal Year

Sect. 4.01        The fiscal year of the corporation shall begin on the first day of October and end on the last day of September of each year.

Article V.

Rules of order

Sect. 5.01        All question or points of order concerning parliamentary procedure, unless otherwise decided by these by-laws or Roberts Rules of Order, shall be decided by a majority vote of the members present in good standing.  However, it is at the discretion of the Fire Chief that these by-laws hereby supersede and rescind all provisions of previous by-laws and constitutions.

Article VI.

Amendments to the By-Laws

Sect. 6.01        These by-laws may be altered, amended, or repealed and new by-laws may be adopted by a majority of the board of directors present at any regular meeting or any special meeting, if at least two days written notice is given of any intention to alter or repeal these by-laws at such meeting.

Sect. 6.02        It is the responsibility of the board of directors and fire chief to review, recommend updates and necessary amendments for the by-laws no later than March 31^st of the following year of each fiscal year.

Article VII.

Election of Department Board of Directors and Terms

Sect. 7.01        An annual meeting of the members shall be held at the September business meeting each year at 19:00 hrs (7:00pm) for the purpose of nominating and electing personnel to fill the open offices of the board of directors.

Sect. 7.02        Elections shall be overseen by a certified peace officer (Election Official) who is not a member of the SVFD or ESD#11.  Each eligible member shall be allowed one vote per elected position.  All votes will be counted by the election official.

Sect. 7.03        Elected officers shall take over office immediately following elections with a term of two years.  Position 1 and 3 will expire in the odd number years; position 2 and 4 will expire in even number years.  Position 5, will be appointed by the fire chief to the board of directors and without further notice; will be filled by the Asst. Fire Chief.

Sect. 7.04        The elected offices of the department shall be four of five seats on the board of directors.  Annually the term of two seats will expire and be available for election.  There is no limit to the number of terms that a member may serve on the board; as long as he/she is placed there by a majority vote of members present at the scheduled election.

Sect. 7.05        If a vacancy occurs in any office due to death, resignation or otherwise, except for expiration of term of office, The Fire Chief or the Board of Directors shall notify members that an election to fill the vacancy will occur during the next business meeting.

Article VIII.

Election and Requirements for Elected Offices

Sect. 8.01        Any member who is nominated for any of the (5) six positions on the board of directors must have maintained Active status for the entirety of the Fiscal year prior to the election.  The only exception to this will be if there is a lack of participation by eligible membership.  This will be reviewed by Chief Officers and the board of directors.

Sect. 8.02        Any member reinstated must complete his/her probation and meet all requirements of any elected office before they can accept nominations to that office.  Grandfather clauses are not acceptable unless granted under Sect. 8.01.

Sect. 8.03        All vacant seats will be nominated from the floor by department members.  They will be nominated on election night and voted upon by all eligible members.  All votes must be in writing on an official form.  Voting records must be retained for a period of three years by the board of directors.

Sect. 8.04        Any member may have the option to accept or decline his/her nomination.

Sect. 8.05        Eligibility requirements to vote are members in good standing according to SOG’s and approval sign off by the Fire Chief.

Article IX.

Officers Duties

Sect. 9.01        Since the chain of command is appointed from the fire chief; all duties will be assigned and enforced by the Fire Chief as well.  A baseline for these duties will be outlined in the Employee Handbook; but is subject to change at the discretion of the Fire Chief. (Note that the Fire Chief will formally make known to the board of directors of any changes regarding this matter.)

Article X.

Membership

Sect. 10.01      Any violations of any of the By-Laws or SOG’s are subject to disciplinary action, pending investigation by the chief and a (5) person committee.  This committee will be appointed by the Fire Chief.  The entirety of the membership shall be bound by the SOG’s and it is the responsibility of each member to read, learn and understand the Employee Handbook in its entirety.  The Fire Chief and his/her designee will be responsible for enforcing all details of the Employee Handbook at all times.

Sect. 10.02      Membership Criteria-

A.      All Criteria for each classification will be addressed and specified in the Employee Handbook.  Lifetime membership may still be issued by the Board of Directors; however the status of that member will be under the discretion of the Fire Chief and his/her designee.

Article XI.

Training

Sect. 11.01      It is to be understood that all training information, requirements and expectations will be addressed in the Employee handbook.

Article XII.

Meetings- Regular, Business and Special

Sect. 12.01      Department Wide Business Meeting-

A.      Will be conducted the First Monday of the Month.

B.      Will be held at Station 161 14088 Old Hwy 59 N Splendora, TX 77372 @ 1900hrs.

C.      Meeting will be led by the President of the Board of Directors.  In the event of the president’s absence; the next highest ranking Board member shall lead the meeting.

D.     The Meeting will follow an agenda that must be posted no less than 72hrs prior to the start of the meeting. 

E.      This posting will be inside locked box @ Station 161 and Station 162.

F.       Any deviation from above stated requirements will void the meeting and all actions taken.

Sect. 12.02      Board of Directors Regular Meeting-

A.      Will be on the First Monday of the Month.

B.      Will be held at Station 161 14088 Old Hwy 59 N Splendora, TX 77372 @ 1900hrs.

C.      Meeting MUST consist of a minimum of three current board members with no exceptions.

D.     Meeting will be led by the President of the Board of Directors.  In the event of the president’s absence; the next highest ranking Board member shall lead the meeting.

E.      The Meeting will follow an agenda that must be posted no less than 72hrs prior to the start of the meeting. 

F.       This posting will be inside locked box @ Station 161 and Station 162.

G.     Any deviation from above stated requirements will void the meeting and all actions taken.

Sect. 12.03      Board of Directors Special Meetings-

A.      Can be held whenever necessary and will be for specific purpose only.

B.      Will be held at Specified location and time.

C.      Meeting MUST consist of a minimum of three current board members with no exceptions.

D.     Meeting will be led by the President of the Board of Directors.  In the event of the president’s absence; the next highest ranking Board member shall lead the meeting.

E.      The Meeting will follow an agenda that must be posted no less than 72hrs prior to the start of the meeting. 

F.       This posting will be inside locked box @ Station 161 and Station 162.

G.     Any deviation from above stated requirements will void the meeting and all actions taken.

Sect. 12.04      Board of Directors Emergency Meetings-

A.      Can be held whenever necessary and will be for specific purpose only.

B.      Will be held at Specified location and time.

C.      Meeting MUST consist of a minimum of three current board members with no exceptions.

D.     Meeting will be led by the President of the Board of Directors.  In the event of the president’s absence; the next highest ranking Board member shall lead the meeting.

E.      The Meeting will follow an agenda that must be posted no less than 24 hrs prior to the start of the meeting. 

F.       This posting will be inside locked box @ Station 161 and Station 162.

G.     Fire Chief MUST be notified of this calling and approve for such meeting to happen.

H.     Any deviation from above stated requirements will void the meeting and all actions taken.

Article XIII

Quorum

Sect. 13.01      Quorum

1.      Fifty-one (51) % of total department membership must be present to fulfill a quorum and likewise any necessary action may be taken.

2.      If above qualification has been met; then Fifty-one (51) % of present membership with voting rights shall be accepted to conduct any business necessary pertaining to the Splendora Volunteer Fire Department.

3.      If step 1 and step 2 under Sect. 13 have been met; any votes taken shall constitute a legal vote.

4.      Outcome will be adhered to unless Fire Chief can justify a valid reason not to accept outcome.

Article XIV

Board of Directors

Sect. 14.01      Board of Directors

1.      All business affairs of the organization shall be managed by the board of directors.  The board of directors shall reside within the district boundaries of MCESD #11 or hold a current active status as ESD #11 Associate Membership.

2.      The number of seats on the board shall be (5).  Each director shall assume office immediately following elections and hold office for two years.  (Refer to Sect. 7.03 for elaboration of terms and seats. 

3.      A regular meeting of the Board of Directors will be held once a month.  Any person may attend this meeting; however will be there as an audience member only unless allowed to speak by leader of the meeting.  Board members and Fire Chief will be the only individuals allowed to attend the executive session of the Board of Directors.

4.      Special meetings may be called under certain conditions as long as they are compliant with sect. 12.03.

5.      The act of majority 51 % of the board shall be the act of the board of directors, and with the justified approval of the Fire Chief; the act shall pass and be initiated.

6.      The offices of the Board of Directors shall be President, Vice-President, and Secretary/Treasurer.

7.      Any board officer elected or appointed by the board members may be removed by the board members whenever it is justifiably acted on and approved by a majority vote of the board of directors.  This action must be done with the best interest of the department in mind and shall be done without prejudice to the rights of any officers so removed.  A vacancy in the office because of death, resignation, disqualification or otherwise may be filled by an election at the next business meeting for the unexpired portion of the term.

Sect. 14.02      Duties of the Board of Directors

1.      The president shall be the principal executive officer of the organization and shall in general supervise and control all Board of Directors related affairs of the organization.  They may sign with the secretary/treasurer or any other proper officer authorized by the board of directors, deeds, mortgages, bonds, contracts, or other instruments which the members have authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the board of directors, by these by-laws or by statue to some other officer or agent of the organization.  In general they shall perform all duties incident to the president and such other duties as may be prescribed by the board of directors from time to time.

2.      The Vice-President, in the absence of the president or in their inability or refusal to act, shall perform the duties of the president, and when so, shall have all the powers of and be subject to all the restrictions upon the president.  Any vice-president shall perform such duties as from time to time may be assigned to them by the president or the board of directors.

3.      Secretary/Treasurer shall handle letters, maintain minutes for each meeting and handle board of directors banking information and deposits.

4.      Most public relations and fund raising events will be coordinated by the board of directors.

Article XV.

Contracts, Deposits and Funds

Sect. 15.01       Checks, drafts, notes or orders for payment of money, or other evidences of     issued in the name of the organization shall be signed by the officer or officers, agent or agents of the organization and in such manner as shall from time to time be determined by the board of directors.  In the absence of such determination by the board of directors, such interments shall be assigned by the treasurer of the organization and counter signed by the president or the Vice President of the organization.  All checks MUST be signed by two (2) eligible signers.

Sect. 15.02      Spending of Funds:  All expenditures will be approved by a majority vote of the organization.  All expenditures will be presented to the department members at the business meeting of each month.  No expenditures will be presented to the department members at the business meeting of each month.  No expenditures will be made without the approval of the members, except in the case of an emergency at which time an emergency meeting will be called and said expenditures will be acted upon by the members present at such meeting.

Sect. 15.03      Financial Report: The Secretary/Treasurer shall prepare and present to the departments members for acceptance, a complete and accurate financial report at the next business meeting.

Sect. 15.04      Spending for Special Occasions:  Outside of Splendora Volunteer Fire department; financial limitations will be a maximum of fifty dollars ($50.00).  All others will be voted on by a majority of the board of directors.