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The
ATLAI\ITA
VOLUNTEER
F'IRE DEPARTMENT INCORPORATEI)
BY.LAWS
Revised (Article K Elected Officials and Terms of Offices) and adopted by majority
vote of:ery;rd thiit3t,t v ofDec.€mber 2017.
This organization shall be known as the Atlanta Volunteer Fire Depareen! Inc. (AVFD).The
AVFD is organized underthe laws of Missouri, and is anot-for-profit corporation. The
departnent is recognized by the Missotri Secretary of State as #1tI00025601 and also as a 501c3
through EIN #43-l 23137 5.
The Goal of the Atlanta Vohmteer Fire Deparhent is to provide the best fire protection services
possible to anyone who needs our assistance through professional faining, maintaining
standardized equipment and attracting personnel dedicated to serve the members of this
community.
A. The deparhnent shall hold regular monthly board meetings on the second Wednesdayof
each montlr, atthe Atlanta Volunteer Fire Departrent building, beginning at 6:30 p.m.
The meeting place and time may be changed from time to time to accommodate
schedules of the majority of board members and may be called by either the board
Secretary or board Chairman.
B. The cancellation and re-scheduling of any regular monthly board meeting shall require
the consent 6f a minimum of three (3) board members, provided all board membem are
notified of zuch re-scheduling, and a notice to the public of such change is posted a
minimum of 24 hours priorto the re-scheduledmeeting.
C. A special meeting of the board may be called by any deparfrrent officer or board
member. All board members shalt be notified of such special meeting aminimtrm of 24
hours in advance of the meeting time, and provided a notice to the public of suchmeeting
is posted.
E. The Board of Directors may meet in Closed or Executive Session for the purpose of
discussing personnel or pending litigation, provided any action taken shall be made
available to the public upon reques! according to the Missouri Sunshine laws.
F. There must be a majority of the Board present in order to conduct any business of the
AVFD. The majority vote of those present shall prevail in deciding the business of the
G.
deparffient.
Any action required by these By-Laws to have consideration by the Full Boar4 maybe
caried out by a majority vote of board (3 votes) with concurrence by other members at
later time, so long as this action is fully documented in Board minutes.
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H. In the event an elected member of the board is unable or unwilling to serve out his or her
temr, pending the appoinhent of an interim Board member, a minimum of three votes
shall be required to conduct any business of the AVFD otherwise requiring the fullboard
to be present.
I. In order to revise the AVFD By-Laws, all board members shall be present according to
the roll, and a majority vote shall rule, except when otherwise stated herein. All
amendments to the bylaws must be posted 24 hours in advance.
A. Training meetings shall be held at the discretion of the Chief or Training Officer ifone
has been appointed.
B. Any and all deparfinent training shall be open to all deparment personnel. Thetraining
officer shall establish procedures for notiSing all deparhent personnel of the time and
place of training sessions. When possible, advance notice and regularly scheduled
taining events shall be utilized.
ARTICLE Itr
Personnel
A. Board of Directors - The Board of Directors shall be the final authority in all matters of
the AVFD
B. Chief,AssistantChief,Captain,Lieutenant,Firefighters
There shall be no Succession in Command. In the eveat of the resignation or removal of any nnu\',
officer, there shall be a new appoinment or election to fill that office according to appoinhent
and election procedures addressed elsewhere within these By-Laws
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A. The departnent Executive Committee shall consist of Fire Chief, and AssistantChief.
B. The Executive Committee shall have the authority to deterrrine Eligibility ofpotential
fire personnel according to By-Laws.
C. The depar0nent exetutive committee meetings shall be held atthe discretion of the
departnent executive committee. A record of any action taken at such meetings shall be
kept and reported to the Board of Directors, and included with minutes of the next
scheduled regular board meeting.
D. Prospective new firefighters shall be referred to the Chief who shall be responsible for
deterrrining eligibility, and obtaining aNew Firefighter Application. Application shall
be presented for Board review along with the determination of eligibility and
recommendation of the Executive Committee.
E. The Board of Directors shall be the final authority in personnel matten regardless of
Executive Committee recommendations.
D. If any person shall have a concem or grievance regarding the Chief, such grievance shall
be directed to the Board of Directors.
E. Any grievance regmding any personnel direct€d to the Board of Directors shallbe
discussed during a closed session of the Boar4 with the concerned parties having
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opportunity to address the Board individually.
If there is a grievance regarding the Board or Board action, that Grievance shallbe
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addressed during open session of the Board.
ARTICLE IV
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ELIGIBILITY
Section I. Fire Chief
The Fire Chief shall have all the qualifications of a volunteer firefighter as listed in Article IV.
A. An application (Appendix i.) shall be completed and provided to the Fire Chief or any
member of the Board. The Executive Committee shall consider each applicant and
detemrine eligibility. Applicants shall be considered at the first board meeting following
recerpt of application. Applicant will be encouraged to atlend the board meeting.
D. All new firefighters must enter into a 90 day training period after being approved by the
chief without objection from the board. The board shall run a background check on all
applicants. A firefighter is no longer in their taining period once the fire chief has
deemed the applicant has passed the departnent's competency assessment.
E. All probationary firefighten shall use regulartumout gear, which shall be assignedto
them by the Chief,
F. Any firefighter may be placed on probation by the Board of Directors, direcfly, orupon
the recommendation of the Chief. This action may be taken only by the Board of
Directors. The person being placed on probation shall be notified of such action in
writing, along with the action necessary for the probation to be lifted. \
G. Any new firefighter must live in the Atlanta fire. deparmentboundaries -+\ 9V
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Section III. Expelling of Volunteer
A. The Board of Directors shall have the authority to expel any volunteer. Such action shall
require a majority vote of the full Bom4 or a minimum of three votes if less than the full
board is present.
B. Any probationary firefighter may be expelled if they fail to meet the required actionto
have their probation lifted within 90 days.
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C. Any volunteer shall be expelled if knoumto have cheate4 stolen from, orotherwise
defrauded the AVFD or any of its members in anyway.
D. Upon being expelled, the firefighter shall immediately refirm all assigned gearand
equipmentto theAVFD.
A Must attend 100% of all activities unless a verifiable excuse is presented to a member of
the Executive Committee, orttre Board ofDirectors.
B. If a firefighter has not responded to a call or training for one year, that penion maybe
taken offthe roster. Such action will require approval of the Board of Directors, and
notification of the firefighter. Firefighter shall then be required to retum all gear and
equipment to the deparhent.
C. New frefighters shall not be eligible to drive, until they have been on the deparftrentfor
six (6) months.
ARTICLE V
DEPARTMENT RTILES
Section I. To be known and obsened by all personnel
A. All firefighters shall give stict obedienc,e to all lawful orders of their elected and
appointed officers.
B.
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All work at fires and drills shall be done in a quick, orderly and professional manner.
C. Incident Command System shall be followed at all working incidents andtraining \}'{
exercises.
D. The officer in charge or his designee shall fill out a report of each firc in the appropriate
fomrat, immediately afrer returningto the station. The report shall state the date andtime
ofthe alarm, vehicles responding,location of fire, cause of fire, area of origi& extent of
damage, and the firemenresponding.
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E. Each firefighter shall be responsible for all equipment including, but limitd to the
helmet, gloves, boots, coat pants, getr bag, radio, and pager, assigned to them. The
assignment of equipment for each fire fighter shall be documented in uriting along with
an agreement by the fire fighter to return such to the Departnent. Upon resignation the
firefighter shall return all equipment and properly assigned to him or in his possession to
the Departuent. tn the event the assigned equipment is not prompfly returned to the
Departuen! the fire fighter shall be required to pay the Departuent replacement value of
the equipment not accounted for, as determined by the board. The Deparhent shall
attempt to enforce collection, including filing in Small Claims Court.
F. No departuent personnel (Voluntecr Fireman or Board member) shall use any AVFD
equipment for any personal pu4)ose, or purpose not consistent with the mission and goals
of the Departuent. This includes the filling of swimming pools, except that the AVFD
shall altow City personnel to use fire hose at no charge for that pu{pose, provided such
action does not diminish the AVFD's capacity to respond to an emergency by using
wealL damaged, or extrahose.
G. Training classes and drills shall be scheduled by the Fire Chief or Training Officer. All
fiaining classes shatl be open to all firemen, and firemen shall be notified throughpager
system, or other appropriate means. (Probationary and other firemen must be notified
directly ifno pager has been assigned.
H. After a fire or taining, no firefighter shall leave the station until all equipment is put
away,unless released by the officer incharge.
I. Any firefighter appearing at an emergency inciden! fire drill, meeting or entering the fue
station under the influence of alcohol or a controlled substance shall be expelled.
No one except firefighters of this deparment shall operate the trucks, except for board
members orvendors for non-emergency events. Operation of pumps, nozzles and other
fire related equipment shall be operated only by approved firefighters of thisdepartuent
or firefighters ftom other departuents wlren Mutual Aid is being provided/received.In
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extreme emergency situations where incident commander deems it appropriate, civilians
may be allowed to assist in support of firefighters.
M. The fire trucks and equipment shall always be housed withinthe crty limits of the Cityof
Atlanta.
N. Pager systems wilt be checked once a month, if necded. Firefighters must report any
misuse of system to the Chief; changes in the systems will be approved by the Chief, and
the Board ofDirectors.
R There shall be no applications for Grants or other progrums without prior Board approval
after consideration by Full Board. If matching funds are required, the matching funds
shall be identified prior to application. A Board approved Grant Committee will consist
of four (4) persons - two (2) Board me,mbem, and two (2) firefighters, approved by the
Board. This committee will involve the Board, every step of the way, through the grant
uniting process. If a committee cannot be present or electe{ then a local grant writer
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shall be hired. The grant writer shall come to all Board meetings where this will be
discussed, and every step shall be explained in full detail to the Board. No actions maybe
takeru except by Board approval.
S. Repeated disregard for rules set out for the AVFD in these By-Laws shall be grormds for
being expelled.
T. All gear and materials must be checked out thru the fire chief,
U. If a firefighter buys his own turnout gear, then the firefighter must retum the
deparfinent's gear within seven (7) days. After seven (7) days, a verbal warning will be
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issued by the Chief. After seven (7) additional days, a written warning will be given, and
after a total of twenty one (21) days, said firefighter will be expelled and law enforcement
will be contacted.
V. No Board issues will be discussed at any trainings, scenes, fundraisers, or public areas.
ARTICLE VI
DISOLUTION OF CORPORATION
Upon the dissolution of the corporation known as The Atlanta Volunteer Fire Departrrent Inc.,
all equipment and properties shall be disposed of as follows:
l. The City Truck and the land that houses the fire station shall revert back to the City of
Aflanta Missouri.
2. Other equipment to the extent necessary shall be disposed of to satis$ any existing debts
of the above corporation.
3. The City of Atlanta shall have the first option to purchase the building, and any or all of
the equipment.
5. l v
Any fire equipment sold shall only be sold to an organization incorporated for the same I
ARTICLE YII
MEMBERSIilP
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The Criteria for Membership for rural properties shall be established by the Board of
Directors, and any changes shall require unanimous vote of the full Board. Thecurrent
fee for membership of a Primary Property shall be $45 for the first year, with annual
renewal fee of $45 due on the annual anniversary date of the initial membership.
B. If a Rural Member has rural property(ies), not adjoined to the Primary Property, that
property shall be included under the membership for an additional annual fee of $25 per
additional rural property, payable annually together with the fee for the PrimaryProperty.
C. If a Rural Member pays the appropriate membership fees for a Primary Property andfour
(4) non-adjoining rural properties, membership shall be granted for all additional
properties at no additional fee. Thus, the maximum membership fee shall be $145 for
Rural Members with multiple non-adjoined properties.
E. A statement of membership fees due shall be sent to rural members in December for the
following year. If membership has not been paid a Notice of Late Dues (Appendix ii)
shall be sent to the last known address of the Rural Member.
F. The city of Attanta Mo. shall pay the Atlanta Volunteer Fire Departnnent for fire
protection within the city limits according to a written agreement between the Parties.
The amount paid by the City for fire protection shall be determined by mutualagreement
of the City of Atlanta and the Board of Directors of the Atlanta Volunteer Fire \
Departuent. The Chairman of the Board currently serving shall represent the AVFD and I \
request any change, and shall be designated to bind the AVFD in Board approved nr\ \,ft}
agreements with the City of Atlanta , f
contacts with AVFD for fire protection, any owner of
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G. Since the City of Atlanta
residential property within the City of Aflanta where said properly joins contiguously
with property they own outside the City limits of Atlanta shall be deemed to be arural
member without payment of additional membershipfees.
H. There are parcels that lie within the AVFD bormdaries, and neighboring deparffient
boundaries. The property may be subject to non-member fees, even if the property is
enrolled in membership of the neighboring department. If the orign of the fire/incident
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is determined to be in the neighboring departnent boundaries, non-member fees will not
apply if the AVFD is dispatched for Mutual Aid. If it is determined the origin is on the
property within the AVFD, non-member fees shall apply, even if the property is emolled
in membership in; or ta(ed by; the neighboring deparhent boundaries, but is not under
AVFD membership.
ARTICLE VIII
Non Member Emergency Response
A. A notice that reflects our non-member policy shall be published on the AVFD
website at www.goatlantafire.com.
The AVFD shall respond to any emergency within its area when dispatched by the
Macon County 9l I call center. The AVFD may respond to any emergency \ilithinits
are4 regardless of whether the property owner or individual is a member of the
Departuent. Charges for non-member emergencies shall be as follows:
2. $500 for each hour or a proportional sum for each quarter hour spent in providing
emergency services. Reference House Bill No. 1418, Mssouri Statute 320'302.
3. An apotmt equal to one year's membership fee. Upon payment, the properly
owner or individual shatl be deemed to be ame,mber in good standing until
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membership payment is againdue.
A. When the AVFD responds within its boundaries to emergencies for car fires or
automobile accidents of non-members, the charges for these emergencies shall be as
follows:
LL
above
3. If the incident involves more than one vehicle, the total charges shall be divided
equally among the vehicles.
5. For the purposes of this subsection, residents of the City of Atlanta shall be
deemed to be members under the contact for services for fire protection between
the City and AVFD, and shall receive emergency services at no additional charge.
A. Al[ non-member billings shall trc reviewed and approved by the Boar{ and any
exceptions to the non-member billing policy shall be approved by the Board.
B. At regular monthly meetings of the Board of Directors, the Board shall reviewall
non-member billings, including those sent, receive{ and outstanding.
C. The Board slrall designate a person or persons responsible for preparing non-member
billings so they may be sent as soon as practical after the incident. For timely
collections, billing within one week of the incident is encouraged.
D. Non-member Biltings shall be prepared using Board approved format (Appendix iii,
19.
E. Billings shall be sent to the individual, and when possible, a copy may be sent
directly to the individual's insurance carrier.
F. A person or property shall be considered a member if the appropriate fees have been
paid and received by the deparfirent, or have been post marked prior to the time the
departrrent is dispatched to an incident. Otherwise, they will be billed at the non-
memberrate.
G. If a non-member wishes to contest a bill, there will be a closed session prior to a
decision being made.
ARTICLE D(
Department Positions
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Section I. Eligibility for Ofiicer Positions
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B. No fireman who is known to have defrauded the departuent or its members in any
way, shall be eligible to serve as anofficer.
A. The AVFD shall allow use of premises, and equipment by AVFD personnel acting
as First Responders when serving members and non-members of the AVFD within
the AVFD.
C. The AVFD shall maintain aroster of Macon County First Responders servingthe
members and non-members of the AVFD.
D. All rules of the AVFD shall be observed by first responders when usingAVFD
premises or equipment who are also firemen with the AVFD.
E. AVFD chain of comrnand shall apply except in the event tlrat an emergency is
stictly a First Responder call and a non-AVFD First Responder is the most
qualified to manage the incident.
F. The AVFD shall not charge non-member fees when the dispatch is forFirst
Responders only (non-member fees will only be charged when AVFD is
dispatcheQ.
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G. Protocol ofthe Macon County Emergency Management System shall be followedat
all times.
H. Any time First Responders are dispatched, and AVFD equipment is used, an
incident report shall be completed (an incident report is encouraged evenwhen
AVFD equipment is not used) .
Article )(I
L4
Elected Officials and Terms of Offices
B. Any person interested in being placed on the ballot to be elected to a board position
shall contact the chairman of the Board or his/her designated individual and
request being placed on the ballot. The individual will also supply the board a
brief bio which will be posted on the AVFD web site and Facebook page. The
nominee witl be directed to the AVFD web site to obtain a copy offte By-Laws
C. Nominees for board members will be accepted up to one week priorto the election.
The board shall take reasonable measurcs to notiff the public of the time andplace
of the election of Board Members along with infomration about the nominees for
board members. Information about elections will be available onthe AVFD Dues
Letter and Atlaota City Water Bill.
E. In the event ttrere are more nominees for board members than positions available,
the positions will be filled according to the greater votes received for the available
positions.
lc Each board member shall serve a two (2) year ternl elected in altemate yeam.
ln A listing of each member and their elected or appointed dates will be kept by the
board so that board members will be elected on alternating years.
I In the event a board member shall resign, or is unable to fulfill the service of
his/lrer elected term, the Board shall appoint someone from the appropriate City/Rural
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area to serve the r€mainder of the resigning member's term, or until the next board
electioq ufiichever comes first If the term has not expired at the time of the next annral
election, an election shall be held for the uoexpired term of the resigning member to
maintain the alternating boad memberterms.
A. The board shall elect its onm chairman who will serve a one-yearterm" and shall preside
over the meetings. Term is from Jan through Dec. Chairman is selected in December
and starts their term in Jan.
B. Effective November 30,2017,no members of the same family (parent, slroule, sibling)
shall simultaneously serve as chair of the boad and fire chief.
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C. The secretary shall be selected in December and starts their term in Jan. from among the
board members and shall serve a one year term (Jan through Dec). This position can be
reappointed within the board in the case the secretary cannot futfill his or her duties.
Duties shall include:
D. The teasurer shall be selected in December and starts their term in Jan. from among the
board members and shall seile a ooe year term (Jan through Dec). This position can be
reappointed within the board in the case the treasurer cannot fulfill his or her duties.
Duties shall include:
1. Keep account of all money received and expenses including membership dues,
fund raiser income and expenses, donations etc.
2. Maintain bank sta:tements.
3. Prepare a yearly budget (with help of other board members).
4. Prepare bank deposits as required.
5. Pay bills as needed.
6. Keep an accurate record of rural dues-payingmembers.
7. Send out billings for fire and emergency calls.
F. Any member of the board and the Chief shall be authorized to receive departnentmail
from the Atlanta P.O. Box 415.
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