ARTICLE I: REQUIREMENTS AND PURPOSE
Section 1: TEXAS COMMISSION ON FIRE PROTECTION REQUIREMENTS
A volunteer fire department must have at least 20 men/women, five of whom are capable of operating all equipment. wo drills are required every month, at least two hours in length, with a minimum of 17 members in attendance. Social and business times are not counted as drill time. Drill activities are to be recorded in diary form, and drill reports are to be made monthly and kept on file.
Section 2: PURPOSE
This is a non-profit Corporation, established for the purpose of providing the following:
- FIRE SUPPRESSION (Primary purpose): Protection from fire and related hazards for all property owners of the City of Sunrise Beach Village, and for neighboring areas within existing capabilities;
- DISASTER RESPONSE (Ancillary to Fire Suppression): Response to area disasters and emergencies which are declared by Federal, State, County, or City of Sunrise Beach Village Officials, whenever dispatched or requested by a public official or other competent authority, to assist persons in the City of Sunrise Beach Village, and persons in neighboring areas within existing capabilities; and
- RESPONSE TO OTHER EMERGENCIES (Ancillary to Fire Suppression): Immediate response to requests for medical and other emergency assistance, subject to the availability of equipment and trained personnel, for persons in the City of Sunrise Beach Village, and persons in neighboring areas within existing capabilities, whenever dispatched through the Llano County Sheriff’s Office, or requested by a City of Sunrise Beach Village Official or other competent authority.
ARTICLE II MEMBERSHIP
For the purpose of these Bylaws, “the Sunrise Beach Area” shall be understood to generally include the City of Sunrise Beach Village (incorporated area) together with the areas for which the Corporation has mutual aid responsibility.
Section 2: MEMBERS
Members of the Corporation shall be adult residents of the Sunrise Beach area, either full- or part-time, who volunteer for service in the Corporation, and who are approved by a two-thirds vote of the Board of Directors.
Section 3: REQUIREMENTS FOR MEMBERSHIP
The requirements for membership shall be:
- Agreement to support the training program and to follow instructions of the elected and appointed officers,
- agreement to attend no less than twelve training/drill sessions per year,
- a statement by the potential member that he/she feels physically qualified to assist the fire department, to perform such duties as are required by his/her position, and
- a finding by the Fire Chief that the potential member has good moral character, is not unfit mentally nor physically, and has demonstrated over a period of a minimum of four drills that he/she is competent to perform required duties.
- In the case of members of the Auxiliary, membership shall be open to all people who express interest in the Sunrise Beach Volunteer Fire Department. Members of the Auxiliary are considered full members of the Corporation. The Auxiliary is authorized to collect dues for membership to fund operations and activities approved by the Sunrise Beach Volunteer Fire Department.
Section 4: DISMISSAL FOR CAUSE
After obtaining the concurrence of the Board of Directors, the Fire Chief may dismiss for cause any member whom he finds:
- Has committed a crime of moral vileness, or
- is guilty of acts of incompetence, or
- habitually neglects assigned duties, or
- has willfully violated or disregarded a proper and reasonable order of the control officer or his designee, or
- is guilty of discourtesy to fellow firefighters or to any member of the public, or
- has violated rules of the fire department.
Section 5: APPEAL
Any person who believes that he/she has been unfairly aggrieved in the application of either Section 3 or Section 4 (above) shall have the right to request and be granted a hearing before the Board of Directors, either in public or private, to present any statement or evidence of any kind in his/her behalf, and to be informed in writing of the decision of the Board.
Section 6: MEETINGS
Regular Departmental meetings for training (drill) and business shall be held on the second and fourth Tuesday of each month unless otherwise ordered by the Board of Directors. Drills shall be supervised and conducted by the Fire Chief or by Officers appointed by the Fire Chief. A majority vote of the members present at any business meeting shall be the minimum required for passage of any matter. Voting by proxy shall not be permitted. Meetings of the Auxiliary will be conducted on the first Monday of each month.
Section 7: LEAVE OF ABSENCE
When a member of the Department must be absent from duty and meetings for a period in excess of one month, he/she should request an official leave of absence. The request must be submitted in writing to the Fire Chief for approval. This official leaves will pro-rate the attendance requirement of Section 3b above.
ARTICLE III GOVERNING OFFICERS
Section 1: DIRECTORS
The corporation shall be governed by a Board of Directors consisting of from five to seven persons (the number to be determined from time to time by the current Directors) elected by the Sunrise Beach property owners and members of the Sunrise Beach Volunteer Fire Department. This sentence to be deleted: At least one of the Directors shall be a person acceptable to the City of Sunrise Beach Village Board of Commissioners. The Directors shall be elected at large, and specific positions on the Board shall be determined by the Directors at their first meeting. Each Director shall have one vote. The Board of Directors shall have supervision, control, and direction of the affairs of the Corporation, shall determine its policies and changes to policies within the limits of these bylaws, shall actively pursue its purpose, and shall have discretion in the disbursement of its funds.
Section 2: ELECTION OF DIRECTORS
At the January regular meeting of the Board of Directors a Nominating Committee shall be appointed by the President of the Board to prepare a slate of candidates for nomination for election to the Board of Directors. Nominations from members of the Corporation shall be permitted and encouraged. Ballots shall be mailed during the first full week of March to the property owners of the Sunrise Beach Area, and in order to be counted, must be returned to the Secretary by the end of March. Names of residents of the Sunrise Beach area, written on individual ballots (write-in votes), if legible and identifiable, shall be accepted as valid without prequalification, counted, and included in the tally of votes reported to the Board. Illegible marks, and unidentifiable names (in the opinion of the Secretary) shall be disregarded. If any ballot is returned with more than the indicated number of names voted, such ballot shall be considered void in its entirety, and none of the votes thereon counted.
Section 3: TENURE OF DIRECTORS
Election to the Board of Directors shall normally be for a term of two years (staggered two-year terms). Each Director shall take office at the first regular meeting of the Board of Directors following his/her election. A Director may be removed from office, without prejudice, by the unanimous vote of the remaining Directors if, in their opinion, said Director has become unable or unwilling to perform the duties of office. Any vacancy on the Board shall be filled for the remaining term of that vacancy by a majority vote of the Directors then in office.
Section 4: BOARD MEETINGS
Regular meetings of the Board of Directors shall be held at least once each month at places and times as announced by the President of the Board of Directors, to transact any business. Special meetings may be called by the President or by any three members of the Board. A pre-meeting agenda shall not be required for Board meetings, and if prepared, shall not restrict the members of the Board from the conduct of any business.
Section 5: FIRE CHIEF
The Board of Directors shall appoint the Fire Chief and identify his/her job description. A two-thirds vote by the Directors shall be required for appointment of the Fire Chief. A two-thirds vote by the Directors shall also be required for dismissal of the Fire Chief. The term of office shall be from the time of appointment until another person is appointed as Fire Chief.
Section 6: OTHER OFFICERS
The Fire Chief may appoint such other officers as he/she may require, and shall identify their job descriptions.
Section 7: COMMITTEES
Committees shall be appointed by the President of the Board of Directors, with the advice and consent of the other Directors. There will be one standing committee. That committee will be the Auxiliary. Its purpose is primarily fund raising and benevolent activities. This committee shall adopt a set of written policies governing its activities to be approved by the Sunrise Beach Volunteer Fire Department Board of Directors, elect committee leaders, and provide regular financial updates to the Treasurer of the Fire Department.
ARTICLE IV FUNDS AND LIABILITIES
Section 1: RECEIPT OF FUNDS
The Corporation is authorized to accept funds donated by anyone or any organization interested in its purpose. Cash donations and cash amounts on hand shall be attested to by the Treasurer and one other Director. All funds shall be deposited to the account of the Sunrise Beach Volunteer Fire Department. The Treasurer shall identify (by sub-accounting) and maintain a continuing record of the receipt and disbursement of memorials, and of donations to be used for particular purposes specified by the donors. All donations and memorials shall be appropriately acknowledged, and specified-purpose funds shall be acknowledged and promptly used for the purposes specified, insofar as possible as determined appropriate by the Directors.
Funds raised as a part of the activities of the Auxiliary may be collected and deposited to a separate checking account. These funds may be used to pay reasonable expenses, and for transfer to the SBVFD operating account in accordance with written policies developed by the committee and approved by the Sunrise Beach Volunteer Fire Department Board of Directors. Funds shall be disbursed by bank check requiring two signatures. The Auxiliary shall designate who will be authorized to sign checks in their written policies to be approved by the Sunrise Beach Volunteer Fire Department Board of Directors.
Section 2: DISBURSEMENT OF FUNDS
Funds shall be disbursed by the treasurer in accordance with the Annual Budget approved by the Board. Any expenditures not in the budget shall be preapproved by the Board before disbursement by the Treasurer. Checks shall require two signatures: that of the Treasurer, (or in the absence of the Treasurer, by either the President or the Vice President) and one other Director.
Section 3: AUTHORITY
An officer may, in the performance of his/her duties, charge and/or be reimbursed for purchases supported by invoices marked “paid”, if either the Fire Chief, Assistant Fire Chief, Executive Officer, Maintenance Officer, or Emergency Medical Services Coordinator agrees that each purchase was necessary (except that reimbursement shall not be authorized for any sales tax inadvertently paid.) and within the Annual Budget expense otherwise approved by the Board. The charges for utilities, fuel and insurance shall be paid by the treasurer upon receipt of proper billing.
Section 4: AUDIT
There shall be an annual audit of the financial records of the Board by a committee selected by the President of the Board of Directors, with the advice and consent of the other Directors.
ARTICLE V DISSOLUTION
Section 1: DISSOLUTION
Should the Sunrise Beach Volunteer Fire Department, Inc. discontinue to operate by dissolution or otherwise, the assets are to be transferred to the City of Sunrise Beach Village or a Fire Department qualified as a charitable organization under Section 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986, as amended. The Board of Directors of the Sunrise Beach Volunteer Fire Department, Inc. shall enter into an agreement with the receiving party to ensure that the assets will be used to provide fire protection for the citizens of Sunrise Beach.
ARTICLE VI ADOPTION AND AMENDMENTS
Section 1: APPLICATION
These bylaws shall become effective upon adoption by a majority vote of the members present at any Departmental business meeting.
Section 2: AMENDMENT
These bylaws may be amended, in whole or in part, by a majority vote of the members present at any Departmental business meeting.
Section 3 ADOPTION
These bylaws were adopted, and supersede earlier versions this 25th day of February, 2014.