HomeMy WebLinkAboutCCVFD By-Laws 1962-1981 t .
( ) BY-LAWS
of
CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.
(a nonprofit corporation)
\`. MEETING OF MEMBERS
Sec. 1. ANNUAL MEETINGS: The annual meeting of the
Members of the corporation shall be held at the principal office
of the corporation on the 5th day of April of each year at the
hour of 7:30 o'clock P.M. in the evening of that day. If the
day so designated falls upon a legal holiday, then the meeting
shall be held upon the first secular day thereafter. The
Secretary shall serve personally, or send * through the post office
at least ten (10) days before such meeting a notice thereof,
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addressed to each member at his last known post office address,
and publish notice thereof as required by law; but, at any
. meeting at which all members are present, or of which all members
not present have waived notice in writing, the giving of notice
as above required may be dispensed with.
Sec. 2. QUORUM: At all meetings of members except
• where it is otherwise provided by law, it shall be necessary
that members, representing in person or by proxy executed in
writing by a member, at least fifty -one per cent (51%) of the ' (
membership of the corporation shall be present to constitute
a quorum.
Sec. 3. SPECIAL MEETINGS:. Special Meetings of the
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members other than those regulated by statute, may be called
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at any time by a majority of the Board of Trustees, upon ten
(10) days notice to each member of record, such notice to
contain a statement of the business to be transacted at such
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33 meeting, and to be served personally or sent through the post
office, addressed to each of such stockholders of record at
his last known post office address; but at any meeting at
which all members shall be present, or of which members not
present have waived notice in writing, the giving of notice
as above described may be dispensed with. The Board of Trustees
shall also, in like manner, call a special meeting of members
whenever so requested in writing by members representing not
1 less than one -half of the capital stock of the company. No
business other than that specified in the call for the meeting,
( shall be transacted at any special meeting of the members.
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1 Sec. 4. VOTING: At all meetings of the members
all questions, the manner of deciding which is not specifically
regulated by statute, shall be determined by a majority vote of
the members present in person or by proxy; provided, however,
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that any qualified voter may demand a vote, in which case each
member present, in person or by proxy, shall be entitled to
cast one vote. All voting shall be viva voce, except that a
called vote shall be by ballot, each of which shall state the
name of the member voting, and in addition, if such ballot be
cast by proxy, the name of the proxy shall be stated. The
casting of all votes at special meetin of members shall be
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governed by the provisions of the corporation laws of this
state.
Sec. 5. ORDER OF BUSINESS: The order of business
\ l of all meetings of the members shall be as follows:
1. Roll Call.
2. Proof of notice of meeting or waiver of notice.
1 3. Reading of minutes of preceding meeting.
4. Reports of Officers.
I ' 5. Reports of Committees.
Election of Inspectors of Election.
6. lecti p
7. Election of Trustees.
8. Unfinished Business.
9. New Business.
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ARTICLE II
TRUSTEES
Sec. 1. NUMBER: The affairs and business of this
Corporation shall be managed by a Board of Trustees, who must
i • be members of record, and each of whom must be a resident of
1 the State of Florida and a citizen of the United States.
Sec. 2. HOW ELECTED: At the annual meeting of the
1 Members, the three (3) persons receiving a plurality of the
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1 votes cast shall be Trustees and shall constitute the Board of
Trustees for the ensuing year.
Sec. 3. TERM OF OFFICE: The term of office of each
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of the Trustees shall be one year, and thereafter until his
successor has been elected.
Sec. 4. DUTIES OF TRUSTEES: The Board of Trustees
shall have the control and general management of the affairs
and business of the corporation. Such Trustees shall in all
cases act as a Board, regularly convened, by a majority and
they may adopt such rules and regulations for the conduct of
their meetings and the management of the corporation, as they
may deem proper, not inconsistent with these By -Laws and the
Laws of the State of Florida.
Sec. 5. TRUSTEES' MEETINGS: Regular meetings of the
Board of Trustees shall be held immediately following the annual
meeting of the members, and at such other times as the Board of
Trustees may determine. Special meetings of the Board of Trustees
may be called by the President at any time, and shall be called
by the President or the Secretary upon the written request of
two (2) Trustees.
Sec. 6. NOTICE OF MEETINGS: Notice of meetings,
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"'other than the regular annual meeting, shall be given by service
upon each Trustee in person, or by mailing to him at his last
known Post Office address, at least ten (10) days before the
0 date therein designated for such meeting, including the day of
mailing, of a written or printed notice thereof specifying the
time and place of such meeting, and the business to be brought
before the meeting and no business other than that specified in
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such notice shall be transacted at any special meeting. At
any meeting at which every member of the Board of Trustees shall
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C be present, although held without notice, any business may be
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transacted which might have been transacted if the meeting had
been duly called.
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Sec. 7. QUORUM: At any meeting of the Board of
Trustees, a majority of the Board shall constitute a quorum
for the transaction of business, but in the event of a quorum
not being present, a less number may adjourn the meeting to
1 some future time, not more than ten (10) days later.
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` Sec. 8. VOTING: At all meetings of the Board of
Trustees, each Trustee is to have one vote, unless a proxy for
another Trustee.
Sec. 9. VACANCIES: Whenever any vacancy shall occur
in the Board of Trustees by death, resignation, removal or other-
wise, the same shall be filled without undue delay by a majority
vote by ballot of the remaining members of the Board at a
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1 *Special meeting which shall be called for that purpose. Such
election shall be held within sixty (60) days after the occur -
1 rence of such vacancy. The person so chosen shall hold office
until the next annual meeting or until his successor shall have
been chosen at a special meeting of the members.
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Sec. 10. REMOVAL OF TRUSTEES: Any one or more of
1 the Trustees may be removed either with or without cause, at
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( any time by a vote of the Members at any Special Meeting
called for the purpose, or at the annual meeting.
ARTICLE III
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officers
Sec. 1. NUMBER: The officers of this Corporation
shall be:
1.
President-
2. Vice-President..
3. Secretary
4. Treasurer
Sec. 2. ELECTION: All officers of the Corporation
shall be elected annually by the Board of Trustees at its
meeting held immediately after the meeting of the Members,
and shall hold office for the term of one year or until their
successors are duly elected.
Sec. 3. DUTIES OF OFFICERS: The duties and powers
of the officers of the Corporation shall be as follows:
PRESIDENT
The President shall preside at all meetings of the
Board of Trustees and Members.
C j He shall present at each annual meeting of the Members
1 and Trustees a report of the condition of the business of the
corporation.
He shall cause to be called regular and special
meetings of the Members and Trustees in accordance with these
By -Laws.
He shall appoint and remove, employ and discharge,
C and fix the compensation of all servants, agents, employees
and clerks of the corporation other than the duly appointed
officers, subject to the approval of the Board of Trustees.
He shall sign and make all contracts and agreements
in the name of the corporation, and see that they are properly
carried out.
He shall see that the books, reports, statements and
certificates required by the statutes are properly kept, made
and filed according to law.
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He shall sign all certificates of stock, notes, drafts
or bills of exchange, warrants or other.orders for the payment
of money duly drawn by the Treasurer.
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He shall enforce these By -Laws and perform all the
1 duties incident to the position and office, and which are
required by law.
VICE- PRESIDENT
During the absence and inability of the President
to render and perform his duties or exercise his powers, as
set forth in these By -Laws or in the acts under which tnis
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corporation is organized; the same shall be performed and
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exercised by the Vice - President; and when so acting, he shall
have all the powers and be subject to all responsibilities hereby
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given to or imposed upon such President.
SECRETARY
The Secretary shall keep the minutes of the meetings
i of the Board of Trustees and of the Members in appropriate books.
He shall give and serve all notices of the corporation.
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He shall be custodian of the records and of the seal,
and affix the latter when required.
He shall present to the Board of Trustees at their
stated meetings all communications addressed to him officially
by the President or any officer or member of the corporation.
He shall attend to all correspondence and perform
all duties incident to the office of Secretary.
TREASURER -
` The Treasurer shall have the care and custody of
and be responsible for all the funds and securities of the
corporation, and deposit all such funds in the name of the
corporation in such bank or banks, trust company or trust
companies or safe deposit vaults as the Board of Trustees may
designate.
He shall sign, make, and endorse in the name of the
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corporation, all checks, drafts, warrants and orders for the
j j payment of money and pay out and dispose of same and receipt
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therefor, under the direction of the President or the Board
1 of Trustees.
He shall exhibit at all reasonable times his books
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( and accounts to any Trustee or Member of the corporation upon
application at the office of the corporation during business
hours.
} He shall render a statement of the condition of the
finances of the corporation at each regular meeting of the
Board of Trustees, and at such other times as shall be required
of him, and a full financial report, at the annual meeting of
the Members.
He shall keep at the office of the corporation,
correct books of account of all its business and transactions
and such other books of account as the Board of Trustees may
require.
/_ He shall do and perform all duties appertaining to
the office of Treasurer.
Sec. 4. BOND: The Treasurer shall, if required
by the Board of Trustees, give to the corporation such security
for the faithful discharge of the duties of Treasurer as the
Board may direct.
Sec. 5. VACANCIES. HOW FILLED: All vacancies in
any office, shall be filled by the Board of Trustees without
undue delay, at its regular meeting, or at a Special Meeting
C i specially called for that purpose.
Sec. 6. COMPENSATION OF OFFICERS: The officers
shall receive such salary or compensation as may be determined
by the Board of Trustees.
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;) Sec. 7. REMOVAL OF OFFICERS: The Board of Trustees
may remove any officer, by a majority vote, at any time, with
1 or without cause.
C ARTICLE IV
SEAL
Sec. 1. SEAL: The Seal of the Corporation shall
be as follows:
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ARTICLE V
BILLS, NOTES, ETC. / % /;,; \.
l Sec. 1. HOW MADE: All bills, payable, notes, checks
or other negotiable instrument s of the corporation shall be made
in the name of the corporation, and shall be signed by such officer
or officers as the Board of Trustees shall from time to time
direct. No officer or agent of the Corporation, either singly
or jointly with others, shall have the power to make any bill -
payable, note, check, draft or warrant or other negotiable in-
strument, or endorse the same in the name of the corporation,
• or contract or cause to be contracted any debt or liability in
(_,./ the name or in behalf of the corporation, except as herein
expressly prescribed and provided.
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( ARTICLE VIII
AMENDMENTS
Sec. 1. HOW AMENDED: These By -Laws may be altered,
.:'' . ( ) amended, repealed or added to by an affirmative vote of the
Members representing e1% of the membership, at an annual meeting
or a Special Meeting called for that purpose, provided that a
written notice shall have been sent to each member of record at
his last known post office address, at least ten (10) days before
the date of such annual or special meeting, which nrtice shall
state the alterations, amendments or changes which are proposed
to be made in such By- Laws. Only such changes as have been
specified in the notice shall be made. If, however, all the
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Members shall be present at any regular or Special Meeting,
these By -Laws may be amended by a unanimous vote, without
any previous notice.
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CAPE O NA.VERt►1. VOLUNTEER FIRE Dr:P1xRT 1i AT
BY-LAWS
AUFENDMENT NUMBER I _
Membership in the Cape Canaveral Volunteer Fire Department, Inc.,
shall be restricted to residents of the area included in the fire
district under the protection of the Cape Canaveral Volunteer Fire
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Department, Inc., or to persons working regularly in the area who
would respond to an emergency. The minimum age of members shall be
sixteen (16) years.
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Membership applications shall be submitted to the President at any
• regular meeting. The members present shall vote to accept or reject
the application.
Any member who is absent from three consecutive regular meetings
or drills, may, at the descretion of the Board of Trustees be
suspended as a member of the Cape Canaveral Volunteer Fire Department,
Inc.
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CAFE CA ?TAI;TRAL }J^ ✓. ir' rIRu ! 2..[.T: _''T
. . -. BY-LA
2_:Ei;B _'.TENT :'vi; "BF R II
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Article II, Section 2 shall be stricken out .n.d the following
section inserted.
Sec. 2. HO: ELECTED: At the. annual ueetin:; of the r'erbers,
beginning v4ith the 196(3 annual rceetir_;;, the person receivinr, a
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plurality of the votes cast shall be a Trustee for a three year
I tern +. and with the tyro `ereviously elected Trustees 3'?all constitute.
the. Board of Trustees for the ensuin year. At the 1965 annual
• r:eetin; three Trustees shall be elected. The parson receiving. the
largest number of votes shall be elected fora three year terry,
the person recei:•in; the second largest number of Totes shall be
elected fora two year terry and the person rccsi:-in; the third
largest nur?:ber of votes shall be elected for a one year term.
Article II, Section 3 shall be 3 tricke:n out and the following
section inserted.
Sec. 3. T+-R:.: OF OFFICE: Beginning with the 19 &i annual election
the Trustees shall be elected for term of three years and
thereafter until h'•.3 successor has been elected.
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Adopted this 11,th day of April, 1965
1 S :I t1; no d - 2 / &,,eic,;( 1 _ / 1 (---■
/...zt_Lim-'
/eecrctary
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CAPE C VOLUNifur''. FIFE Dr TIJT
r tli�l i \'4 l
BY -L_t'
� a •;, - �T 11L III
t1:• •n J..::�l.l
Amendment numb -r 1 is hereby modified by the following;
Strike out the words "residents of the area included in the Fire
District under the Drotection of the Cape Canaveral Volunteer
Fire Department, Inc., or to persons working regularly in the
area v :ho woul-: respond to an er.;er•ency."
Insert the words "those persons or vrorking in or near the
City of Cape Canaveral who would respond to an emergency.
Adopted this 13th day of April, 1966.
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CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, T, INC.
BY -LA IS
CHANT NO. IV MEMBERSHIP CLASSIFICATIONS
1. ACTIVE XEMBFR Attends drills regularly and answers
fire calls. Participates fully in the
operation of the Fire Department.
2. PROBATIONARY MEMBER Same as active member except no Toting
rights until acae;sted as an active member
after 90 days probationary period.
3. INACTIVE ?MEMBER A former active member who has requested
to be Flared on the inao tine list.
Inaotive members may be reinstated as
active members by a majority vote of
the active members at any regular or
special business meeting. An inactive
member does net attend drills or meetings
and shall have no voting rights.
4. EXEMPT MEMBER A former active member who beoause of
age or infirmity is unable to attend
drills and fire calla. Exempt members
who regularly attend business meetings
shall have voting rights. At the approval
of the majority of the active members
1 an exempt member may have a0oe3s to the
property and faoilitiee of the Fire
Department.
5. HONORARY ?. EMBFR Honorary membership may be granted by
vote of the majority of the active
members to individuals that have Lade
substantial contributions to the Fire
Departmettt. Honorary members shall have
no voting rihts.
6. MEMBERSHIP LIST A vote of the majority of active members
'' will determine placement on membership
\ .V list of Inaotive, hxempt and Honorary
\ members.
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Gape Ceneverrl Volunteer ?ire Deor.rti: ent
% By-Laws
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A::: zr_;�: en � 2;urnb e r V
Amendment number 1V Section 2 is hereby modified by ti:e following
Add to the stated i' Fire ;all and drill pa; earned by a probation -
ary Member shall accure from tie date acceoted as a Probatioary
member untill the end of the pay period in which the Probationary
Member is accepter', as a member.
Adopted. this 17th day of October, 1971
Signe 1
Sec terry
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• CAPE CA7TAV VOLUNTEER FIRE DEPARTi ENT
C 1 By-Laws
Amendment VI
Change No. IV Membership Classification, add
No. 7 Social Member
7 Social Member A citizen of the City, will
not hold office, or have la
voting rights, will receive
no compinsation, will not
respond to fire alarms, will
be on probation for three
months at what time the
members will vote on approval.
` _, Amendment 11 V11
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To add to the fire company the positions of:
One (1) Chief
(.. One (1) Deputy Chief
One (1) Assistant Chief
One (1) Captain
One (1) Lieutenant in line order.
For fire related business only.
These positions outlined below will be elected at the Annual Business Meeting
(April) by a majority vote of the active members.
Chief - Four (4) continuous years of service.
The work involves the responsibilities for planning, organizing and directing an
' emergency organization specifically concerned with preventing and minimizing the
' loss of life and property, by fire. The person must be familiar with cause of
fires and methods of extinguishment. Within the framework of department policies,
excluding corporate policies, the person works independently in supervising all
technical operations and in seeing that desired work results are achieved, has
sole and absolute command over all persons in the department and all apparatus
and fire fighting equipment; makes all assignments, '4 s and details as he
deems best in the interest of public safety. He shall perform or cause to be
• performed, all other duties required of the office of Fire Chief. He can
investigate or cause to be investigated, all fires to determine cause, point of
origin, and the possibility of arson.
Deputy Chief - Four (4) continuous years of service.
Directly responsible to the Chief, assumes responsibilities and duties in the
absence of the Chief.
Assistant Chief - Four (4) continuous years of service.
Responsible for duties of administration and maintenance for records and equipment,
directly responsible to Deputy Chief. Assumes duties of Deputy Chief in his absence.
Captain - Three (3) continuous years of service. .
Responsible for all training of fire department people. Perform duties as assigned
by the Chief.
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C Lieutenant - Three (3) continuous years of service.
Works under direction of senior officers on fireground. Assistant training officer,
assumes training duties in absence of Captain.
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;j . CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT
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i BY -LAWS
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AMENDMENT NUMBER VIII
SECTION 1 Amendment Number VII is hereby modified by the
following:
CHANGES IN LINE OFFICER REQUIREMENTS
CHIEF - This position requires three (3) years firefighting
experience including one (1) year as a line officer
I in the C.C.V.F.D. This position will be nominated
in January and elected in February.
DEPUTY CHIEF AND CAPTAIN - Both positions deleted.
ASSISTANT CHIEF - This position requires two (2) years
firefighting experience with one (1) year in the
C.C.V.F.D., to include the probation period. This
position will be nominated in February and elected
in March.
l' „; THREE (3) LIEUTENANTS - Each Lieutenant assigned to one (1)
primary truck, for the training and maintenance of
that truck. (Trucks include the Pierce, the Sea -
( graves and the Brush Truck). He will also assist
all other training and duties when necessary. Each
Lieutenant position requires one (I) year in the
C.C.V.F.D., to include the probation period.
These positions will be nominated in March and
elected in April.
All line officers are responsible for training,
with the eavitulaim. having primary responsibility.
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Two (2) line officers are required to make a
decision as to whether or not to pay a member at
a meeting if he does not participate in that
meeting. Then that member will have a right to
appeal this at next business meeting.
SECTION 2 Amendment Number IV, Section 2 is hereby modified by
the following:
PROBATION MEMBER - To be an active member of the C.C.V.F.D.,
every new member must go through a probation period.
This probation period will require forty -eight (48)
fire department meetings, consisting of any depart-
ment sanctions calls. When the probation member has
met the forty -eight (48) calls, he will be brought
up at the next business meeting for a vote. He will
\( have no voting rights until accepted as an active
member. His pay will start after the 48th call,
and he will not drive a fire truck in an emergency
situation until he is an active member.
Page 1 - Continued
AMENDMENT NUMBER VIII - Continued
7 SECTION 3 Amendment Number 1 is hereby modified by the following:
The minimum age for a member in C.C.V.F.D. shall be eighteen
(18) years old.
SECTION 4 The following section shall be inserted into the
membership classification under Amendment Number IV.
LIFETIME MEMBER - A former active member may be voted in
as a lifetime member by the approval of the majority
of the active members. He may have access to the
property and facilities of the Fire Department. Life-
time members who regularly attend business meetings
shall have voting rights.
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CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT
r. BY- LAWS
AMENDMENT #IX WILL DELETE AMENDMENTS #VII AND VIII.
SECTION 1
These positions outlined below will be elected at
the annual Business Meeting in April by a majority
vote of the active members.
CHIEF -- This position requires three (3) years fire-
fighting experience including one (1) year
as a line officer in the CCVFD.
The work involves the responsibilities for
planning, organizing and minimizing the loss
of life and property by fire. The person
must be familiar with cause of fires and
methods of extinguishment. Within the frame-
work of department policies, excluding ear-
1 porate policies, the person works independ-
ently in supervising all technical operations
and in seeing that desired work results are
J achieved, has sole and absolute command over
all persons in the department and all appara-
tus and fire fighting equipment; makes all
assignments, and details as he deems best in
the interest of public safety. He shall per-
form or cause to be performed, all other
duties required of the office of Fire Chief.
He can investigate or cause to be investi-
gated, all fires to determine cause, point
of origin, and the possibility of arson..
ASSISTANT CHIEF - This position requires three (3)
years firefighting experience with one (1)
year in the CCVFD, to include the probation
period.
CAPTAIN - The Captain is to be an active member of
the CCVFD with the title of Training Of fi -•
cer, who's primary responsibility is to de-
velope and perpetuate the training and to
fulfill the responsibilities of the assist-
ant Chief and Chief in their absence.
Item 2 - The Training Officer is required to make
a decision as to whether or not to give ere -
dit to a member at a meeting if he does not
participate in that meeting. Then that mem-
ber will have a right to appeal this deci-
sion at next business meeting.
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CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT BY-LAWS (Cont)
LIEUTENANTS - THREE (3) Each Lieutenant assigned to one
(1) primary truck, for the maintenance
and operation of that truck. (?trucks in-
clude the Pierce, the Seagraves and the Brush
Truck) . He will also assist in all other
training and duties when necessary. Each
Lieutenant position requires active member-
ship in CCVFD. These positions will be
elected in April.
All line officers are responsible for assist-
, ing in training with the training officer
having primary responsibility.
SECTION 2 - The minimum age for a member of the Cape Can-
averal Volunteer Fire Department shall be
1 eighteen (18) years old.
PROBATION MEMBER - To be an active member of the CCVFD every
new member must go through a probation per-
iod. This probation period will consist of
three months. At the end of the three month
period he will be brought up by members at
the next business meeting for his membership.
MEMBERS - No member will operate any fire apparatus
' during an emergency situation until certi-
fied by the training officer.
LIFETIME MEMBERS - A former active member may be voted in as
a lifetime member by the approval of the
majority of the active members. He may have
access to the property and facilities of the
Fire Department. Lifetime members who regu-
larly attend business meetings shall have
voting rights..
New members credits will be accumalated for the 90 day proba-
tionary period.
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Amendment X will change Amendment IX, Section 2 Paragraph to state from
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Probation Member: To be an active member of the CCVFD every new member must
go through a probation period. This probation period will consist of three
months. At the end of the three month period, he will be brought up by
members at the next business meeting for his membership.
Section 1 Amendment Number IX is hereby modified by the following:
Amendment X
Probation Member: To be an active member of the CCVFD, every new member must
go through a probation period. This probation period will require forty -eight
(48) fire department meetings, consisting of any department saction calls.
When the probation member has met the forty -eight (48) calls, he will be
brought up at the next business meeting for a vote. His pay will start after
the 48th call, and he will not drive a fire truck in an emergency situation
until he is an active member.
Adopted this 16th day of September 1981.
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/Jamie Gellert
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1 Secretary,
Cape Canaveral Volunteer Fire Department
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