SENECA FIRE DEPARTMENT CONSTITUTION AND BY-LAWS

(Revised March 28, 1983)

PREAMBLE

For the purpose of better government, a closer union, more effective membership and better service to the people of this city, the members of the Seneca Fire Department in regular meeting assembled, do make and adopt the following constitution and By-Laws:

ARTICLE 1.
September 28, 1936

This organization shall be known as the Seneca Fire Department of the City of Seneca, Nemaha County, Kansas and the membership shall consist of twenty-eight (28) active members.

ARTICLE 2.

The officers of this Department shall consist of a Chief, Assistant Chief, Second Assistant Chief, Captain Truck # 1, Captain Truck # 2, Lieutenant Truck # 1, Lieutenant Truck # 2, Lieutenant Rescue Truck, Secretary, Assistant Secretary, Treasurer, and two (2) elected members of the Relief Committee.

ARTICLE 3.

All officers shall be elected annually at the regular meeting in the month of January, and hold their offices for one year; and whenever a vacancy occurs such vacancy shall be filled at the next regular meeting.

ARTICLE 4.

In case of vacancy occurring among the personnel of officers, such vacancy shall be filled by next ranking officer.

Sec. 1 Art. IV. 1st Assistant shall be moved to Chief and 2nd Assistant shall become 1st Assistant and the 2nd Assistant's office shall be filled at the next regular meeting.

Sec. 2, Art. IV. In case of Captain of Trucks, his Lieutenant shall become Captain and the Lieutenant's office filled at the next regular meeting.

Sec. 3, Art. IV. Same shall apply to the Secretary.

Passed March 30, 1959

Sec. 4, Art. IV. A vacancy in the elected member to the relief committee, shall be filled at the next regular meeting. Passed February 1968

ARTICLE 5.

The regular meeting shall be held on the last Monday in each month. The hour of said meetings to be 8:00 P.M. for the entire year.

Sec. 1, Art. V. Amendment. The chief shall have the authority to change meeting night with sufficient reason.

Passed February 1968

ARTICLE 6.

Any bona fide resident of the City of Seneca over twenty-one (21) years of age, and under forty-one (41) years of age shall be eligible, provided applicant is known or considered to be of sound bodily health, to be received into this Department upon his written application and the recommendation of two (2) members of the Department upon his written application and the recommendation of two (2) members of the Department and receiving a majority vote of all members present. No new members shall be elected until the number of firemen belonging to the Department is below the number allowed.

October, 1961

Applicant must have one (1) year legal residence, before being eligible to membership.

ARTICLE 7.

A vacancy shall exist:

1.

When a member tenders his resignation, written or oral.

2.

When a member ceases to be a resident of the city.

3.

When a member is expelled.

4.

When a member is taken by death.

5.

When a member fails to attend three (3) consecutive regular or special meetings of the Department without being excused, regular and special meetings counting the same.

6.

When a member fails to attend three (3) or more consecutive city fires or practice meetings, city fires and practice meetings counting the same, without a written or oral excuse at the next regular meeting following said fires and practice meetings. In the event the member does not have a written or oral excuse at the next regular meeting, a vote may be taken of the membership present to retain the unexcused member until the next regular meeting, at which time the unexcused member must have an oral or written excuse. A ¾ majority must vote in favor to retain member.

7.

No persons shall be excused from attending fires unless: 1. on account of sickness, 2. Absence from town, 3. or, other unavoidable reasons.

8.

The chief, for any of the above reasons, shall declare a vacancy and it shall be filled at the next regular meeting of the Department.

____________

9.

Long Distance calls to any member, to be accepted, as a written or oral excuse when any fireman is unavoidably prevented from attending any regular meeting. February, 1968

10.

Any member who fails to attend three (3) or more consecutive city fires, or practice meetings must be excused by secret ballot, in order to retain his membership within the Department.

November 28, 1977

ARTICLE 8.

At the regular meetings, ten (10) or more members shall constitute a quorum for the transaction of business. In the event there is not a quorum present, the Chief may, at his own discretion, call a recess until such time as there is a quorum present or he may adjourn the meeting.

ARTICLE 9.

A majority of members shall have power to make, change, alter or amend any part of this constitution or By-Laws of this department at any time by giving one (1) month notice of said intention to do so in writing, and stating what part of said Constitution or By-Laws shall be changed and stating the change to be made.

ARTICLE 10.

Any member may be suspended or expelled by the organization for the violation of any By-Law or failure, neglect, or refusal to perform his duties.

ARTICLE 11.

The Secretary of this department shall be allowed as compensation for his service the sum of Eighty ($80.00) dollars per annum to be paid by the Department.

BY-LAWS
Duties of Officers

SECTION 1
CHIEF

It shall be the duty of the Chief to preside at all meetings of the Department when present, and perform all other duties devolving upon the presiding officer necessary to the government of the Department, and also perform all other duties required of him by the city ordinances or other laws.

SECTION 2
ASSISTANT CHIEF

It shall be the duty of the Assistant Chief, in addition to the duties prescribed by the laws and ordinances of the City, to preside at all meetings of the Department in the absence of the Chief, and in the absence of the Chief, to perform all other duties required of said Chief.

SECTION 3
SECOND ASSISTANT CHIEF

It shall be the duty of the Second Assistant Chief, in addition to the duties prescribed by the laws and ordinances of the City, to preside at all meetings of the Department in the absence of the Chief, and the Assistant Chief; and in the absence of the Chief and Assistant Chief, to perform all other duties required of said Chief and Assistant Chief.

SECTION 4
SECRETARY

It shall be the duty of the Secretary to keep a record of the proceedings of all meetings of the Department, keep a roll of the members in a suitable book provided for that purpose, to hold any and all correspondence relating to the business of the Department and to perform all other duties pertaining to his office which may be required of him.

SECTION 5
TREASURER

The Treasurer shall be custodian of all funds belonging to the Department and shall receive receipt for and disburse the same, only on order of the Department, signed by the Secretary and countersigned by the Chief or Assistant Chief.

SECTION 6
ASSISTANT SECRETARY

The assistant secretary shall keep a record of the proceedings of all meetings of the Department. He shall keep the roll of the members and perform all other duties pertaining to the secretary's office in the absence of the secretary. The assistant secretary shall also be responsible for the proceedings and the finances of the firemen's relief association. He shall carry out all duties prescribed according to the Kansas State Firemen's Relief Act and the Firemen's Relief Association By-Laws of Seneca.

SECTION 7 - PART 1
CAPTAIN

It shall be the duty of the Captain to preside at all meetings of the company of which he is the Captain, to have charge of all tools and apparatus belonging to his company, obey the orders of the Chief or Assistant Chief to direct the members while in active service and see that they observe the proper decorum. He shall also take proper care of the apparatus and tools used by the company, report to the Chief at once any member who shall fail, refuse, or neglect to perform his duty or who shall disobey any order. He shall have authority to call special meetings of his company and order them out for drill or practice.

SECTION 7 - Part 2
CAPTAIN AND LIEUTENANT

Each Captain or other person in charge of any company of the Department shall keep a record of all members of his company attending City Fires. Said record shall be made up at the Fire House on return of such company from the fire, and no fireman shall be marked present unless he was actually present and assisted.

At each regular meeting of the Department the Captain, Lieutenant, or other member who has charge of each company shall make a written report of the members belonging to his company, who have attended each fire since last meeting, and the Secretary shall enter such names on his record.

April, 1966

SECTION 8
LIEUTENANT

The Lieutenant shall have immediate charge of the force while in active service in the absence of the Captain at a fire or at practice.

SECTION 9
DELETED

SECTION 10
ANY MEMBER

Any member in good standing in the Department shall be eligible to be elected to the office of Secretary, Treasurer, Assistant Secretary, but no member shall be elected to the office of Chief or Assistant Chief unless he has been a member in the active service of the Department for a period of five consecutive years; no member shall be elected to the office of Captain or Lieutenant unless he has been in the active service of the Department for a period of two consecutive years, prior to his election.

Any member who has been in the Department for twenty (20) years can, at his request, be placed on the retired list and does not have to attend regular practice meetings or fires, but shall be entitled to all the rights and privileges of the Department.

February, 1962

No retired member shall have the right to vote or hold office.

Passed October 29

LEAVES OF ABSENCE

The department, at their discretion, may grant any member six (6) months leave of absence on his written request.

SECTION 11
DUTIES OF MEMBERS

It shall be the duty of all members to obey the orders of the Chief, Assistant Chief, Second Assistant Chief, Captain, and Lieutenant when in active service, whether at drill or practice, or at a fire and preserve proper decorum at all meetings, and keep their respective stations while on duty until excused by the officer in charge, and for any violation of this section he may be suspended or expelled, charges to be preferred and the mode of punishment to be decided at a regular meeting by a majority vote of the members present.

Upon receiving proper notice any member failing to attend three practice meetings shall be expelled, provided that such member may be excused for good and sufficient reason stated by such member at the next regular meeting of the department, three-fourths of the members present voting to excuse such member.

Any member failing to attend three consecutive regular meetings of the department (no notice of such meetings required) shall be automatically dropped from the Department, provided no excuse has been offered for not attending the above mentioned meetings and accepted by the department. It shall be the duty of all members of the department as far as practicable to turn out promptly on an alarm of fire being given and it is the further duty of all members to see that all assigned apparatus respond.

If any member, who is eligible to retire be automatically dropped, he shall be automatically placed on the retired list.

March 29, 1937

Amendment to Section 10—By-Laws

SECTION 12
MISCELLANEOUS RULES

Any member being excused by the officer in charge at a fire or practice of this Department shall report at the next regular meeting and the reason given.

February, 1968

The officer in charge shall, in addition to the duties heretofore mentioned, see that his assigned apparatus belonging to the department is kept in good repair, and that all apparatus belonging to the Department is kept in its proper place and that the hose and nozzle couplings are kept clean and in good condition, and that all wrenches, ropes, ladders, axes, buckets, lanterns, and all other tools are kept in their proper places, in proper condition and ready for immediate use, and if at any time they are found to be damaged or in bad condition, unfit for use, or unsafe, or shall have been taken from their proper place by any person, he shall at once report the same to the Chief, and give any and all facts in his possession relating thereto, and the Chief shall immediately have such apparatus or tools repaired or replaced as the case may be.

Each Captain shall have control of his company.

Members of all the companies shall see that after using their apparatus, that the same is returned to its proper place, necessary repairs reported to the Chief, and carefully put the same away in proper condition.

Each Captain shall have the right to place the men of his company as to the position they shall occupy.

SECTION 13

In all matters of expenditures of $100.00 or more, it shall be put before the Department and voted on at the next regular meeting.

May, 1974

SECTION 14

All officers of the Department, except Treasurer, and members of Relief Committee, shall not hold same office for more than three (3) consecutive years.

February, 1977

SECTION 15

Each retiring fireman may keep his blue dress cap, badge, red cap, key and coveralls. All other personal gear assigned must be returned to the Fire Department including: Motorola pager and charger/amplifier, helmet, bunker coat, and liner, boots, gloves and cold weather cap. Resignation will not be accepted until the above items have been turned in.

Article A: Each resigning fireman will return, to the Fire Department, his dress blue cap, badge, red cap, coveralls, key, helmet, bunker coat, coat liner, boots, gloves, cold weather cap, Motorola pager and charger/amplifier. Resignation will not be accepted until the above items have been turned in.

Article B: Retiring and resigning chiefs will return white caps and chief badges.

SECTION 16

1.

Any active member in good standing of the Seneca Fire Department being injured while on active duty may be placed on the inactive list by a majority vote of the Department, for a period of time for which it takes the member to recover, up to one year. At the end of one year, the member's case will be reviewed by the membership. The injury must be confirmed by a physician and a release signed by the physician at the end of recovery.

2.

Any member disabled in the line of duty may be put on the retirement list. Said disability must be attested to by a physician and passed by a majority vote.

3.

Any member disabled outside of fire department duties with ten years or more service in the Seneca Fire Department, may be put on the retirement list. Said disability must be attested to by a physician and passed by a majority vote.

SECTION 17

That funeral flowers be furnished by the department only in cases of death of an active fireman, a retired fireman, and their wives.

November, 1962

SECTION 18

General instructions on use of the Motorola Pager Alarm:

1.

Pager will be set on "Alert" at all times unless an emergency situation exists. Battery life will be decreased if pager is used in the "monitor" position.

2.

If pager is lost, stolen or damaged, notify the Chief, Assistant Chief, or truck officer immediately.

3.

Failure to carry the pager or to place it in operation will not be accepted as an excuse for missing a fire.

Carried May 29, 1978