SVFD BY-LAWS

Table of Contents
ARTICLE I - NAME
ARTICLE II - PURPOSE
ARTICLE III - MEMBERSHIP
ARTICLE III - QUALIFICATIONS FOR MEMBERSHIP
ARTICLE III - APPLICATION FOR MEMBERSHIP
ARTICLE IV - OFFICERS
ARTICLE V - DUTIES OF OFFICERS
ARTICLE VI - MEETINGS AND DRILLS
ARTICLE VII - EXECUTIVE COMMITTEE AND BOARD OF DIRECTORS
ARTICLE VIII - MEMBER DISCIPLINE
ARTICLE IX - VIRGINIA STATE FIREFIGHTERS ASSOCIATION
ARTICLE X - AMENDMENTS
ARTICLE XI - DISPOSITION OF PROPERTY

***BEGIN OFFICIAL DOCUMENT***

 SMITHFIELD VOLUNTEER FIRE DEPARTMENT, INC.
BY-LAWS

 ARTICLE I - NAME

 This organization shall be known as the SMITHFIELD VOLUNTEER FIRE DEPARTMENT, INC., OF SMITHFIELD, VIRGINIA.

ARTICLE II - PURPOSE

It is the purpose of this organization to provide fire protection for the town of Smithfield and that portion of Isle of Wight County designated by the Board of Supervisors thereof, and to provide, within said zone of operation, whatever educational and other fire prevention services deemed appropriate by the department's membership, and to assist other fire departments as requested in accordance with established agreements.

ARTICLE III - MEMBERSHIP

SECTION 1

The membership of this department shall consist of those persons who are members on the date of adoption of these by-laws and such persons as may hereafter become members pursuant to the charter and by-laws of the corporation. Nothing in the following regulations shall be construed as to prohibit membership in the department to persons because of their race, sex, or religious creed.

SECTION 2

Classifications of membership in the department shall be as set forth below:

1. JUNIOR FIREFIGHTER. Persons of the ages 16-18 who have written consent of their parents or legal guardian and a valid Virginia Drivers License who meet membership requirements set forth in Section 3. Such firefighters may attend drills and meetings, but will have no vote in the department's business. They may receive such training and perform such duties as may seem prudent to the fire chief. All Junior Fire Fighters must participate in the department's Explorer Scout program if an Explorer Scout Program is active within the department. Furthermore, Junior Firefighters will not attend fire calls during school hours, operate emergency lights on personal vehicles nor are they eligible to receive tax benefit or mileage allowance.
   
   Junior members will be considered probationary and membership may be revoked by the Board when deemed in the best interest of the department. Junior Firefighters having reached the age of 18 and having fulfilled the membership qualifications of Section 3 of this article will automatically become Active Members of the department, with all the rights and privileges thereof, provided that the training requirements of Article III, 2(B), have been met and they have served at least one year on probation. Junior Firefighters that have not met the necessary training requirements by the age of 18 will become Apprentice Firefighters, remain on probation for up to one year, and have up to one year to meet the training requirements of Article III, 2(B).

2. APPRENTICE FIREFIGHTER. Persons having reached the age of 18 and who fulfill the membership qualifications of Section 3 of this article. Upon admission in the status, there shall follow a probationary period of one (1) year during which said apprentice must complete the requirements for Firefighter I as outlined in NFPA Standard 1001 (hereinafter referred to as Firefighter I) and meet requirements mandated for members of the department. During or at the conclusion of the probationary period, an Apprentice Firefighter may be dismissed from the department by a majority vote of the Board of Directors and Executive Committee for failure to attend meetings, drills or fires as required in Article VIII, Section I, for failure to complete the requisite training set forth above, or for otherwise being determined unfit for the fire service by the Executive Committee with concurrence of the Board of Directors. Any Apprentice Firefighter so dismissed shall have the right to appeal his dismissal to the full membership.
   
   The one year probationary period may be extended at the discretion of the Board of Directors and Executive Committee to allow completion of the training set forth in this section when such extension shall be deemed in the best interest of the department.

   The training requirements in this section will have been satisfied if a new member holds current Firefighter I qualifications but the probationary period will still be observed for such new member.

3. ACTIVE MEMBERS. Upon satisfactory completion of the probationary period and training requirements of Article III, 2(B), an Apprentice Firefighter will automatically become an active member of the department, with all the rights and privileges thereof.

4. LIFE MEMBERS. Life membership shall be conferred on those members of good standing who have completed 20 years of service in the department and may, at the pleasure of the active membership, be conferred upon members who have received permanent physical disabilities in the line of duty.

   1. Active Life Members will retain voting privileges in the department. To remain in an Active status, they must complete the attendance requirements of Article VIII, Section I, except that the Board of Directors may waive such requirements when such waiver is deemed to be in the department's best interest. Such waiver may also be removed at the pleasure of the Board of Directors. A Life Member may appeal the Board's decision to the full membership.

   2. Inactive Life Members are those who no longer comply with the attendance and training requirements of Active Life Members. Inactive Life Members may not vote on departmental business, but will retain the title of member and such other privileges as may be conferred by the Active membership.

5. ASSOCIATE MEMBERS: Associate membership is reserved for experienced firefighters and / or EMS personnel that live outside of the Smithfield Fire District and meet the minimum training requirements for active members. People that live within the Smithfield Fire District will not be considered for Associate membership unless determined by the Executive Committee to be in the best interest of the department.

   1. Associate member shall be required to meet the requirements as outlined in Article VIII, Section 1 that addresses member discipline.

   2. Associate members shall not receive voting privileges, tax exemptions, fuel compensation, or other privileges unless specifically granted by the Board of Directors and the Executive Committee.

6. SUPPORT SERVICES MEMBERSHIP: Support Services membership is reserved for individuals qualified to support the fire department in a non-firefighting capacity. The Second Vice-President shall oversee the program and will make recommendations to the department about membership status. Support Services members are required to volunteer 40 hours per year. Each Support Services member shall be sponsored by an active member of the department (probationary and junior firefighters are excluded). Sponsors shall act as a liaison between the active membership and the Support Services member. There are no minimum training requirements for Support Services members. No member of Support Services shall perform firefighting duties.

ARTICLE III - QUALIFICATIONS FOR MEMBERSHIP

SECTION 3

Membership in this department is limited to persons of good moral character who:

1. Have received a high school diploma or the equivalent thereof (with the exception of Junior Members still enrolled in high school);

2. Have a valid Virginia Driver's License;

3. Must live within the Smithfield Fire District for the Junior Firefighter, Apprentice Firefighter, and Active Member classifications. Application for other membership classifications to be considered on a case by case basis.

4. Are physically able to endure the rigors of the fire service.

ARTICLE III - APPLICATION FOR MEMBERSHIP

SECTION 4

Anyone desiring to enter the department as a Junior or Apprentice Firefighter must submit an application for membership. Such application may be obtained at the fire station or from the Fire Chief or President of the Department. The form of the application will be approved by the Board of Directors and Executive Board and may be amended from time to time, but must include:

(A) Agreement by the applicant to submit to a physical examination. Such examination may be conducted at the Department's expense by a doctor of the Department's selection, or, if the applicant prefers, by another physician at the applicant's expense. The examining physician will be requested to certify the applicants physical ability to perform the tasks normally expected of a firefighter;

(B) Agreement by the applicant to have a criminal background investigation conducted by the Smithfield Police Department;

(C) Agreement by the applicant to provide, at their own expense, a copy of their driving record from the Division of Motor Vehicles for use in reviewing eligibility for membership in this department.

(D) Agreement by the applicant to provide a signed release of information form allowing background search of items including law enforcement records, school, and medical history. If applicant is a minor, a parent or legal guardian must sign in addition to applicant.

(E) Applicants for Junior Firefighter status must provide the following:

1. A letter of reference from a teacher or school official from the school they are currently attending.

2. A letter of reference from an active member of the Smithfield Volunteer Fire Department.

3. Proof that they are currently enrolled and maintaining a "C" average (2.0 GPA) or better. Applicants not currently enrolled in high school must show meaningful progress toward attaining a GED or equivalent.

A completed application will be submitted to the Fire Chief or President, who will comprise a Membership Committee together with one Line Officer appointed by the Fire Chief.

The Membership Committee shall refer the application to the full membership of the Department at its next regular meeting.

The application shall then be tabled for one (1) month to allow the Membership Committee time to review said application. That review will include an interview with the applicant, an examination of the criminal background report and driving record and such other investigation as the committee may deem appropriate.

The Membership Committee will present its findings to the full department following the one month review period. It may recommend approval or rejection of the application and may cite reasons for the decision, but under no circumstances will it divulge information obtained from either the applicant's criminal background report or driving record.

Membership in the Department shall be granted to any applicant who receives a "YES" vote from three fourths (3/4) of the Active membership present and voting by secret ballot when said application is presented by the Membership Committee for disposition.

Membership or elevation from Junior Firefighter to Apprentice Firefighter shall be conditioned on the outcome of the physical referred to in Article Ill, Section 4(A). Said physical will be conducted following acceptance of membership by the full department. The results of said physical shall be reviewed by the Membership Committee and will remain confidential.

(F) The Department may, from time to time, limit the number of members of said department by will maintain a waiting list. When such list is in force, applications to fill vacancies will be considered in the order received, unless there are exceptional circumstances.

(G) Support Services Membership

Applicants for Support Services must comply with Article Ill, Section 4(B), (C), and (D).
A completed application will be submitted to the Second Vice-President.
The Second Vice-President shall present the applications for membership to the department at the next regularly scheduled business meeting.
The application shall be tabled for one month pending a sponsor and an interview to be completed by the Second Vice-President and the prospective sponsor.
The Second Vice-President shall present findings and recommendations to the membership at the next regularly scheduled business meeting.
Acceptance requires a simple majority vote of the active members present at said meeting.

ARTICLE IV - OFFICERS

SECTION 1

The administrative officers of this department shall be a President, First Vice President, Second Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, Chaplain and one member at large.

1. Administrative officers shall be elected annually in October and will take office in November. They will be eligible for continuous re-election.

2. A Nominating Committee of not less than three (3) Active Members will be appointed from the floor during regular meeting, no later than September of each year. It shall be the duty of said committee to nominate officers for election during the October meeting.

3. Nominations may also be made from the floor during the October meeting.

4. Officers will be elected by a majority vote of those attending the October meeting.

5. In the event an office becomes vacant for any reason, such office shall be filled by the membership with nominations from the floor during a regularly scheduled meeting.

SECTION 2

Line Officers of this department shall consist of a Fire Chief, and such other officers as he may appoint, including but not limited to Assistant Fire Chiefs, Captains and Lieutenants.

1. The Fire Chief shall be elected for an indefinite term by a majority vote of the department's members, subject to confirmation by the Smithfield Town Council.

2. The Fire Chief may be removed by a majority vote of the Active Members of the department. A motion to remove the Fire Chief may be made by an Active Member but must receive support from a majority of those attending that meeting to be considered. Once accepted for consideration, the motion will lie on the table for one month. At the next regular meeting, said motion must receive support from a majority of all active members on the department's roll in order to be carried.

3. The appointment of all other line officers will be the sole responsibility of the Fire Chief, who may also remove, at his discretion, line officers serving under them.

ARTICLE V - DUTIES OF OFFICERS

SECTION 1

The Fire Chief and other line officers under his command are charged with the proper function of the department as a firefighting unit. They shall be guided by a Standard Operating Procedure (SOP) which shall be written and maintained by the Executive Committee and the Board of Directors.

SECTION 2

The administrative officers of this department shall have the following responsibilities:

1. PRESIDENT - To preside at all business meetings of the membership and the Board of Directors and to serve as the Chief Administrative Officer of the department within such constraints as the membership and/or Board of Directors may establish.

2. FIRST VICE-PRESIDENT - To act for the President in their absence and to provide such other assistance as the President may request.

3. SECOND VICE-PRESIDENT - To act for the First Vice President in their absence.

4. SECRETARY - To assist the President in carrying out the duties of his/her office. To maintain a record of attendance at all meetings and drills and to keep a record of the minutes of each meeting. To provide the necessary correspondence for the department and to be the custodian of the department's minute books.

5. ASSISTANT SECRETARY - To assist the Secretary as he/she may request, and in the absence of the Secretary, to perform the functions of that office.

6. TREASURER - To handle all receipts and disbursements of funds and to issue a financial statement at each monthly meeting. The Treasurer's accounts will be reviewed annually in an manner selected by the Board of Directors and approved by the membership.

7. ASSISTANT TREASURER - To assist the Treasurer as appropriate and in the absence of the Treasurer, to perform their duties.

8. CHAPLAIN - To guide the department spiritually, and to assist members in whatever manner deemed appropriate during times of crisis.

ARTICLE VI - MEETINGS AND DRILLS

SECTION 1

Regular business meetings shall be held on the third Tuesday of each month.

1. The President may call special meetings whenever necessary.

2. One-third of the Active Members of the department or fifteen (15) members, whichever shall be greater, will constitute a quorum.

3. Only Active Members and Active Life Members are eligible to vote on departmental business, but all members in good standing may attend business meetings.

SECTION 2

Rules of order:

1. The presiding officer shall preserve order and decorum at all business meetings.

2. Every member wishing to speak shall address the presiding officer who will determine the order in which members may speak.

3. Voice votes will be accepted for all business except the admission of new members, votes to amend by-laws and removal of the Fire Chief unless a vote is challenged by as many as three members. Such a challenge will result in a recorded show of hands.

SECTION 3

The following order of business will be used for all regular departmental meetings:

1. CALL TO ORDER

1. PRAYER

2. PLEDGE OF ALLEGIANCE

2. READING AND APPROVAL OF MINUTES

3. REPORT OF THE TREASURER

4. REPORT OF COMMITTEES

5. COMMUNICATION

6. UNFINISHED BUSINESS

7. NEW BUSINESS

8. GOOD OF THE DEPARTMENT

9. ELECTION AND INSTALLATION OF OFFICERS (AS NEEDED).

10. ROLL CALL

11. CLOSING PRAYER

SECTION 4

The department shall hold regular training drills on the first Monday of each month. Drills may be re-scheduled by the order of the Fire Chief when they conflict with holidays.?

1. Additional drills may be held at the discretion of the Fire Chief or his designated Training Officer.

2. A roll will be kept for all regular monthly drills.

ARTICLE VII - EXECUTIVE COMMITTEE AND BOARD OF DIRECTORS
 

SECTION 1

There shall be an Executive Committee, comprised of the Fire Chief, all other line officers, the President and the Secretary.

There shall be a Board of Directors comprised of the President, First Vice President, Second Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, Fire Chief, Assistant Fire Chiefs, the immediate past President and one (1) member elected at large by the department.

SECTION 2

It shall be the duty of the Executive Committee to decide on questions pertaining to disciplinary action involving member's conduct as it relates to fire-fighting and engineering duties. The committee may impose disciplinary action which may include temporary suspension not to exceed sixty (60) days.

SECTION 3

It shall be the duty of the Board of Directors to conduct the routine business of the department, meeting regularly and working within such constraints as may be imposed by the membership. The Board's actions shall be reported regularly to the assembled members of the department who may, by a majority vote in a regular meeting, overturn actions of the Board.

SECTION 4

The Board of Directors may, by majority vote of the Board, appoint a member to serve as the Fire Department Administrator. The responsibilities of the Fire Department Administrator shall be those as may be specified in writing by the Board and in particular shall pertain to the day to day administrative functions and requirements of the fire department. The Fire Department Administrator may receive compensation from the Town of Smithfield as may be appropriated by the Town Council. The Fire Department Administrator shall serve at the pleasure of the board.

ARTICLE VIII - MEMBER DISCIPLINE

SECTION 1

It shall be the responsibility of each member to attend meetings, drills, fires and other department activities. Active members in good standing will be determined by the following criteria:

1. Obtain 300 points based upon the following system:

1. 3 points per incident response.

2. 1 point per hour of station duty or while representing the Department in an official capacity.

Attend 1 out of 3 Business Meetings. This will be monitored quarterly.

2 Attend and complete a minimum of 24 hours of company training per calendar year.

1. The Board of Directors and the Executive Committee shall be jointly empowered to waive any or all of the requirements for a member when determined to be in the best interest of the Department. Such a waiver may also be removed at the pleasure of the Board of Directors and Executive Committee.

2. Active life members shall not be required to meet the minimum requirements as outlined in item 1 above.

3. Associate members are not required to meet the minimum requirements as outlined above in items 1 & 2 above. Associate members shall pull twenty-four (24) hours of duty per month. A minimum duty shift of eight (8) hours per shift shall be required for credit. Subsequent time spent on a duty shift above the eight (8) hour minimum shall be credited toward the monthly requirement. Members may elect to pull all twenty-four (24) hours consecutively, or may break the shifts up into a maximum of three (3) shifts per month.

4. Support Services members shall contribute forty (40) hours per year. Sponsors shall monitor support services member hours and report to the Second Vice-President at the end of each calendar year. The Second Vice-President shall, yearly, make membership retention recommendations to the Board of Directors and the Executive Committee.

SECTION 2

The Board of Directors and Executive Committee acting jointly are further empowered to suspend or dismiss members from the department for serious disciplinary matters related to the general conduct of members that may bring discredit on the department. Such dismissal may be appealed within sixty (60) days to the full membership.

(A) Such conduct includes, but is not limited to, disregard for orders given in the line of duty, reckless use of fire equipment, reckless handling of personal vehicles during fire runs, the abuse of alcohol or drugs, and criminal activity.

ARTICLE IX - STATE FIREFIGHTER'S ASSOCIATION
 

SECTION 1

The department shall elect delegates each year to the State Firefighter's Association Convention, not to exceed the department's total number of votes at said convention. The department will pay delegates registration fee and reasonable cost of lodging, meals and transportation. To receive compensation, delegates must agree to attend all business functions of the convention.

ARTICLE X - AMENDMENTS

SECTION 1

The department may amend these by-laws by a majority vote of the department's active members. By-law amendments must be proposed at a regularly scheduled meeting of the department, and tabled for one (1) month, to be considered for adoption at the next regular business meeting.

ARTICLE XI - DISPOSITION OF PROPERTY

SECTION 1

It is the intent of this organization that, upon it's dissolution, all departmental assets will become the property of the Town of Smithfield. It is further the desire of the department that, if dissolution occurs, the Town of Smithfield should use said assets to continue providing fire protection to it's citizens and those in that part of Isle of Wight County including this department's zone of operation.

The preceding by-laws are hereby certified to have been adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 10 day of November, 1986.

T. CARTER WILLIAMS, PRESIDENT

CHARLES CORE, SECRETARY

The preceding by-laws have been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 19 day of November, 1996.

DAVID EPPERLEY, PAST PRESIDENT

The preceding by-laws have been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 16th day of April, 1998.

CHRIS EDWARDS, PRESIDENT

Article VIII, Section 1 of the preceding by-laws has been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 16th day of November, 1999.

CHRIS EDWARDS, PRESIDENT

Article III, Section 2 of the preceding by-laws has been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 20th day of June, 2000.

CHRIS EDWARDS, PRESIDENT

Article III, Section 2 of the preceding by-laws has been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 18th day of July, 2000.

CHRIS EDWARDS, PRESIDENT

Article VIII, Section 1 of the preceding by-laws has been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 19th day of December, 2000.

CHRIS EDWARDS, PRESIDENT

Article VIII, Section 2 of the preceding by-laws has been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 21st day of August, 2001.

CHRIS EDWARDS, PRESIDENT

Article VIII, Section 2 of the preceding by-laws has been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 18th day of December, 2001.

CHRIS EDWARDS, PRESIDENT

Article VIII, Section 1 of the preceding by-laws has been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this XX day of Xember, 2004.

WILLIAM CHRISMAN, PRESIDENT

Article III, Section 2 (A) & (E), Article III, Section 3 (C), and Article VIII have been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 21st day of March, 2006.

WILLIAM BRITT, PRESIDENT

Article III, Section 2 (F), Article III, Section 4, (C), and Article VIII, Section 1 (D) have been revised and adopted by the members of the Smithfield Volunteer Fire Department, Inc. on this 20 day of June, 2006.

WILLIAM BRTT, PRESIDENT

***END OFFICIAL DOCUMENT***