2h. Fire Dept. � s
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CHANHASSEN
I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1 MEMORANDUM
TO: .Mayor and City Council
FROM: Don Ashworth, City Manager
DATE: January 28, 1991
SUBJ: Fire Department:
a. Changes to Fire Relief Association Bylaws
b. Changes to Fire Department Bylaws
Attached please find copies of the Chanhassen Fire Department and
Fire Relief Association Bylaws. Minor amendments occurred to both
of these documents as shown on the cover sheet by Fire Department
Secretary Bob Moore, as well as Fire Relief President Jerry
Schlenk. These documents were submitted to the Fire Department and
Relief Association and were approved by each group.
Approval is recommended.
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71,1111 10/11/90
Change the following on The Fire Department By -Laws to read as follows.
ARTICLE XIII. MEMBERSHIP
' Section A. - All members must be able to respond to their assigned
station within fifteen (15) minutes under normal driving
conditions from their residence or work place or h .ave
written approval from the Board of Fire Officers.
Section B. - All members must be at least eighteen (18) years of age.
' Section C. - Each member must be able to give at least four (4) hours
each month to the Department, other than actual
emergencies and regular monthly and training meetings.
' Section E. - Any probationary member who has served his /her applicable
probationary period must receive a two - thirds majority
vote of the members entitled to vote for his /her
membership.
Section F. - All applicants shall serve a probationary period of a
minimum of twelve (12) months which may be extended by up
to an additional six (6) months for a total of eighteen
(18) months by the Board of Fire Officers.
section D did not change in above article
' ARTICLE XVIII. RESIGNATIONS
Section A. - (change number 1 to read)
1. Not meeting Article XIII, Section A on Membership.
only number 1 changed in above article
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Thank you, Bob Moore
11 any questions call me at work
at 830 -6121 or home 474 -8197
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9 -27 -83 Impr
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CONSTITUTION AND BY -LAWS OF THE CHANHASSEN FIRE DEPARTMENT 1
ARTICLE I. NAME 1
Section A. - The name of this organization shall be "THE CHANHASSEN
FIRE DEPARTMENT ".
Section B. - Members should bear in mind that they are serving the
City even though voluntary and that their conduct and
behavior are subject to criticism by the general
public to a greater extent than almost any other line II of work. For this reason the unwritten social rules
of good conduct and behavior as practiced by all
law- abiding and self- respecting citizens should be
II observed at all times by all members of this Department.
ARTICLE II. PURPOSE
Section A. - Fire prevention and education towards same. II Section B. - Firefighting.
Section C. - To preserve life and protect property.
Section D. - The Department shall be composed of not less than II 20 and no more than 60 members except to provide for
three additional members on probation.
ARTICLE III. MEETINGS
II
Section A. - The annual election to be held the first week in
December with new officers taking_office after Council
approval of the Chief.
Section B. - Business meeting to be held once a month.
II
Section C. - Special meetings may be called by the Chief of the
Department by posting a notice on the fire station
bulletin board and /or notification by radio or phone.
II
Section D. - Training meetings will be held on the 2nd and 4th
Mondays of each month except when canceled.or changed
by the Chief or Training Officer.
II
Section E. - Officers meeting to be held once a month.
Section F. - Order of business for Business meeting as follows:
1. Roll call by Secretary- Treasurer. II 2. Reading of the minutes of the last meeting.
3. Reading of mail.
4. Report on bills due by Secretary- Treasurer.
5. Committee reports. _
6. Unfinished business. II
7. New business.
8. Adjournment.
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ARTICLE IV. QUORUM
Section A. - The quorum for the department meeting shall be no less
than 40% of the voting members. 1
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ARTICLE V. ELECTED FIRE OFFICERS
Section A. - One Chief.
Section B. - One First Assistant Chief.
Section C. - One Second Assistant Chief.
Section D. - One Secretary- Treasurer and, if necessary, one assistant.
I ARTICLE VI. ELECTION OF OFFICERS
Section A. - All members in good standing with 12 or more consecutive
months of service as a member of the Department shall
have one vote for each office.
Section B. - All officers as stated in Article V. shall be elected
by nomination and secret ballot.
Section C. - All officers shall be elected at the annual meeting
' for a period of two (2) years or until their successor
has been elected and duly qualified. At the first
election following the adoption of these by -laws, the
following officers shall be elected for a two year
period: Chief and Second Assistant ,Chief.
The following officers shall be elected for a one
year period: First Assistant Chief and Secretary-
Treasurer. In each succeeding election all officers
shall be elected for a two year term.
Section D. - All candidates for officer must have at least one year
' of active service in the Chanhassen Fire Department, and
meet other qualifications as set forth by the department.
Section E. - In the event that a member elected to an office does not
qualify, is terminated, resigns, a special election
shall be held at the next regular meeting for the
open position.
Section F. - Fire Chief recommendation shall be submitted by the
Secretary - Treasurer to the City Manager for approval.
ARTICLE VII. APPOINTED OFFICER VACANCY
' Section A. - In the event of a vacancy during the term of any said
appointed officer,, the Board of Fire Officers shall
appoint the member to fill the unexpired term.
I ARTICLE VIII. FIRE DEPARTMENT BOARD OF FIRE OFFICERS
Section A. - The Board of Fire Officers is established to
carry out the department mission and at the request of
the Chief, assist the Chief of the department in the for-
' mulation of policy matters and shall act as final
Board of Review for issues relating to the
Chanhassen Fire Department. The Board of Fire Officers
' shall be an executive board composed of individuals
who bold the following positions:
1. Chief.
2. First Assistant Chief.
3. Second Assistant Chief.
'Section B. - The regular meeting of the Board of Fire Officers shall
- be the third Monday of the month and shall include
all officers.
Section C. A special meeting of the Board of Fire Officers may be
called either by the Chief or by written request of one
of the other members of the Board submitted to the Chief.
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Section D. - The Chief shall serve as the chair of the Board in his /her
absence the most senior officer will chair. A
Secretary shall be appointed from the Board members.
A majority of the membership shall constitute a quorum of
the Board. All or portions of meetings may be closed to
participation or observance by the Board to individuals
not on the Board to consider certain matters which it
feels should be done in Executive Session. Individuals
other than the Board members may be present during the
Executive Sessions at the request of a majority of those
Board members present. The meeting may be closed only
upon a 2/3 majority of those Board members present.
It is required that formal action taken be recorded in
the minutes of the Board meeting.
Section E. - Duties of the Board of Fire Officers: Apart from an
advisory board to the Chief on policy
matters and a means to plan, coordinate, and help
manage the department, the Board shall have the
following specific powers in the governance of the
department:
1. Decisions on matters submitted to the Board by
the Chief.
2. Review of all actions of the general membership
affecting department operation, including amendments
to the department by -laws.
3. Any matter that two of the members of the
Board vote to undertake.
4. The Board will take into consideration all proposals
of the staff of officers and follow through to
the best of their ability on these proposals.
5. The Board Chairman or his /her designee shall be the
liaison between the Department and the City Council.
6. The Board shall see that all members of the
Department attend drills.
7. The Board shall deal with any violations of rules
and regulations of the Department.
8. The Board shall see that a regular schedule of
training is established by the Training Officer and
It
carried out each year.
9. The Board shall prepare a budget to be submitted to
the City Manager for submittal to the City Council.
10. The Board shall appoint an Equipment Buying Committee
to recommend purchases.
11. The Board shall see that a record of all fire calls
and emergency calls are kept.
12. The Board shall see that all records required by the
State of Minnesota or other legal bodies are main-
tained and forwarded as necessary.
13. The Board shall see that all members are safely
equipped for all emergencies.
14. The Board shall see that, if necessary, equipment
records are kept and designate someone to maintain
them.
15. The Board shall appoint a Grievance Committee of three
members.
16. The Board shall appoint a Medical Director. 1
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11 'ARTICLE IX. DUTIES OF THE CHIEF
Section A. - 1. The Chief of the Chanhassen Fire Department shall
have supervision of the Fire Department and Rescue
Squad. At the time a request is placed for
assistance from the Chanhassen Fire Department, the
Chief shall assume command, and shall be responsible
for the preservation of life and property. The Fire
Chief's incident command authority shall be absolute.
In the absence of the Chief Officer, the existing
chain of command shall apply, i.e. 1st Assistant
Chief, 2nd Assistant Chief, the first Captain on
scene, the first Lieutenant on scene.
2. The Chief shall be the Chairman of the Board of Fire
Officers.
3. The Fire Chief shall meet with the City Manager
on a quarterly basis.
4. The Fire Chief shall attend and be a member of
the Public Safety Commission. The First
Assistant Chief shall attend in the Chief's
absence.
I ARTICLE X. DUTIES OF_THE FIRST ASSISTANT CHIEF
Section A. - The First Assistant Chief shall see that all orders
of the Chief are carried out.
' Section B. - In the absence of the Chief, the First Assistant Chief
will assume full command.
I ARTICLE XI. DUTIES OF THE SECOND ASSISTANT CHIEF -
Section A. - The Second Assistant Chief shall see that all orders
of the Chief and First Assistant Chief are carried out.
Section B. - In the absence of the Chief and the First Assistant
Chief, the Second Assistant Chief will assume full
command.
I ARTICLE XII. DUTIES OF THE SECRETARY - TREASURER
Section A. - He /She shall keep account of the minutes of each meeting
and prepare an agenda for the same.
1 Section B. - He /She shall keep accurate records of all monies of the
Fire Department and have sole charge of the disbursing
and banking of said monies.
Section C. - In his /her absence he /she shall make every effort to
obtain a substitute for recording of minutes of any
meeting he /she will be unable to attend.
I ARTICLE XIII. MEMBERSHIP
Section A. - All members must be able to respond to their assigned
station within fifteen (15) minutes under normal
driving conditions from their residence or work place
or have written approval from the Board of Fire
Officers.
Section B. - All members must be at least eighteen (18) years
11 of age.
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. Section C. - Each member must be able to give at least four (4)
hours each month to the Department, other than
actual emergencies and regular monthly and training
meetings.
Section D. - Each applicant must pass a physical examination and
agility test as established by the Chanhassen Fire
Department with a doctor of the choice of the Chanhassen
Fire Department and submit a satisfactory written report
of his /her physical condition prior to attending his /her
first meeting.
Section E. - Any probationary member who has served his /her applicable
probationary period must receive a two-thirds majority
vote of the members entitled to vote for his /her
membership.
Section F. - All applicants shall serve a probationary period of a
minimum of twelve (12) months which may be extended. by
up to an additional six (6) months for a total of
eighteen (18) months by the Board of Fire Officers.
ARTICLE XIV. RULES AND REGULATIONS 1
Section A. - No member shall use the Fire Department in his /her or
another's behalf, in any political campaign.
Section B. - No member shall volunteer the services of the Fire
Department in any cause, unless approved by a Chief
Officer. This shall not void the right of the officers
to call out men in the event of an emergency.
Section C. - All members shall carry out all orders from their
superior officers to the best of their ability.
Section D. - All members shall abide by the duty roster.
Sectior, E. - Any member ordered to appear before the Board of Fire
Officers shall do so.
Section F. - All damaged or unserviceable equipment must be removed
from service, tagged, and reported to the quartermaster
promptly.
Section G. - All members having a misunderstanding with other
members of the department in the line of duty shall
bring same before the Board of Fire Officers.
Section H. - All equipment used in an emergency or drill must be -
cleaned and returned to its proper place immediately
after return to the fire station.
Section I. - All equipment received by the members from the department
shall have proper care and upon leaving the Fire
Department they shall return same.
Section J. - All purchases of major equipment and material for the
Fire Department shall be approved by the Board of
Fire Officers.
Section R. - No member shall remove any equipment for personal use
from the fire station without authorization of a Chief
Officer.
ARTICLE XV. SUSPENSION AND PROBATION OF JfEXBF,RS
Section A. - A member may be suspended or placed on probation by
a majority vote of the Board of Fire Officers for rules
violation as set forth in Section D, Article XV. The
length of suspension or probation for a member will
be determined by a majority vote of the Board of
Fire Officers.
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• Section B. - The Board shall designate the Secretary- Treasurer to
notify the member of the suspension or probation by
letter listing the reason for the suspension or probation
from the department and the length of the suspension
' or probation.
Section C. - Upon suspension from the department, the suspended
member must return at once all equipment belonging
to the department.
Section D. - Grounds for suspension or probation shall be:
1. Failure to follow orders of superiors.
2. Drunk on duty.
' 3. Fighting on duty.
4. Defamation of the members of the department.
5. Absence from three business meetings in a 12 month
period without good reason. Good reason being
sickness, sickness or death in family, employment
hours coinciding with meeting hours and vacation or
approval of company officer.
6. Failure to appear before Board when notified to do so.
7. For the good of the Department when concurred in
by the unanimous vote of the Chief officers.
8. For violation of the terms set forth in the
application for membership.
9. Speeding to fire calls and other traffic law
violations.
10. Improper conduct.
11. Failure to meet the minimum training requirements.
' ARTICLE XVI. RIGHT TO APPEAL
Section A. - Members shall have the right to appeal a suspension or
probation to the Grievance Committee before sitting
at the next regular or special meeting of the Department.
Section B. - The decision of the Grievance Committee shall be final.
ARTICLE XVII. EXTRA DUTY FOR MEMBERS
Section A. - A member may be given extra duty for a period of time
to be decided upon by a majority vote of the Board
officers present for rules violations as set forth in
' Article XV., Section D. The Chief or the Assistant
Chiefs shall notify the member of the extra duty and
the time involved. The member can appeal to the Board
officers or the Grievance Committee for a review.
II ARTICLE XVIII. RESIGNATIONS
Section A. - Any member can resign at any time or can be requested
' to resign by the Board for any of the following
reasons:
1. Not meeting Article XIII, Section A on Membership.
2. Physical disability.
1 3. For the good of the Department.
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..ARTICLE XIX. APPOINTMENT OF_OFFICERS
Section A. - After each annual election the Board is to
appoint Fire Training Officer, Rescue Training Officer,
(both will hold the rank of Captain), Captains and
Lieutenants for existing companies.
ARTICLE XX. APPOINTMENT AND DUTIES OF THE FIRE TRAINING OFFICER
Section A. - The Fire Training Officer shall be appointed by the Fire
Department Board of Fire Officers based on such person's
training and ability.
Section B. - The Fire Training Officer shall set forth a regular
schedule of training for all officers and members of the II
Department.
Section C. - He /She shall keep an attendance record and submit a
• written attendance report each quarter to the staff of
officers along with a report of the progress of all
members and report any repeated absences.
Section D. - During a drill, he /she will be in complete charge of
officers, members and material engaged in the drill - 11 relinquishing command only in the event of an emergency
during the drill.
Section E. - He /She may appoint an Assistant Training Officer with
approval of the Board of Fire Officers.
ARTICLE XXI. APPOINTMENT AND DUTIES OF THE RESCUE TRAINING OFFICER
Section A. - The Rescue Training Officer shall be appointed by the Fire
Department Board of Fire Officers based on such person's
training and ability.
Section B. - He /She shall be responsible for the full operation of the
rescue squad and first aid operations of the Fire
Department.
Section C. - He /She shall be responsible for writing and implementing 11 operating procedures for the Rescue Squad as approved
by the Board of Fire Officers.
Section D. - The Rescue Traing Officer shall set forth a regular
schedule of training for all officers and members of
the Department.
Section E. - He /She shall keep an attendance record and submit a
written attendance report each quarter to the staff of
officers along with a report of the progress of all
members and report any repeated absences.
Section F. - During a drill, he /she will be in complete charge of
officers, members and material engaged in the drill -
relinquishing command only in the event of an emergency
during the drill.
Section G. - He /She may appoint an Assistant Training Officer with
approval of the Board of Fire Officers.
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- „ ARTICLE XXII. MEDICAL DIRECTOR
11 Section A. - The Fire Department shall have a doctor qualified in
emergency medicine to serve as its medical director.
Such doctor to advise the Fire Department on related
training and provide professional medical supervision
to the Fire Department and Rescue Squad.
ARTICLE XXIII. AMENDMENTS
Section A. - Amendments to this document shall be submitted to a
regular meeting and voted upon. Any change will be
read at one meeting and voted on to approve at the
next meeting by at least a 2/3 maiority of votes cast.
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CHANHASSEN to
ili
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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DATE: November 19, 1990 1
TO: Don Ashworth, City Manager
FROM: Jerry Schlenk, President 1
Chanhassen Fire Department Relief Association
SUBJECT: By -Law changes - Fire Dept. Relief Association 1
Attached please find copies of the Chanhassen Fire Department 1
By -Laws and copies of changes in the By -Laws for City
Council approval.
These changes are necessary to bring the By -Laws in 1
compliance with State laws. There are no monies involved,
so no Actuarial Valuation is necessary. 1
Thank you,
Jerry Schlenk
be 1
attachments 1
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P QSc N Foe; CHANHASSEN FIRE DEPARTMENT
r G P O. BOX 97 7610 LAREDO DRIVE CHANHASSEN, MN 55317
IZ
' BUS. PHONE 934.9191 MINNEWASHTA STATION NO 2 PHONE 474-7094
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Chanhassen Firefighters Relief Association
By -Law changes
First Reading February 21, 1990
Article II
Section 1. Membership. All members of the Chanhassen Volunteer Fire Department
shall be eligible to join this association after serving a one year probationary
' period.
Shall be changed to read:
Section 1. Membership. All members of the Chanhassen Volunteer Fire Department
shall be eligible to join this association.
' The remainder of Section 1. shall remain the same.
Article II
' Section2. Dues. Each member shall pay to the association annual dues of $25.00.
Section 2. shall be eliminated from the by -laws.
Article II
' Section 3. Age Requirements. No person forty -one (41) years of age or over shall
be allowed to join this association. Anyone placed on probation may be reinstated
r in the relief association regardless of age.
Section 3 shall be eliminated from the by -laws.
r Article II
Section 4. Rights and Priveleges Forfeited. Any person expelled, on probation or
I resigning from the Chanhassen Volunteer Fire Department shall forfeit all claims for
death or other benefits.
Shall be changed to read. -
Section 4. Rights and Priveleges Forfeited. Any person expelled from the Chanhassen
Volunteer Fire Department shall forfeit all claims for death or other benefits.
r Article II
Section 5. Membership after Retirement. Any member who retires from said fire
department after being vested shall be relieved from his obligation of paying dues
IR-
. S EN Fi CHANHASSEN FIRE DEPARTMENT
Q► R F P.O. BOX 97 7610 LAREDO DRIVE CHANHASSEN, MN 55317
..7.! BUS. PHONE 934.9191 MINNEWASHTA STATION NO 2 PHONE 474 -7094 1
0 .
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but shall reamin a member of this association.
II
Shall be changed to read.
Section 5. Membership After Retirment. Any member who retires from said fire
II
department after being vested shall remain a member of this association.
The remainder of Section 5 shall remain the same.
Article IV II
Section 3. Board of Trustees. The Board of Trustees shall be composed of six trustees
at least one but not more than two of whom shall be retired firemen as soon as someone II
is retired. Two trustees shall be elected annually at the regular meeting of the
association and they shall hold their respective offices for the term of three years
I
or until their successors have been elected and duly qualify. The following shall
be ex- officio members of the Board of Trustees:
II
The Mayor of the City of Chanhassen
City Manager,
Chief of the Chanhassen Fire Department II
Shall be cahnged to read:
Section 3. Board of Trustees. The Board of trustees shall be composed of six trustees,"
one of the six_may be a retired member receiving a monthly pension. Two trustees
shall be elected annually at the regular meeting of the association and they shall 1
hold their respective offices for the term of three years or until their successors
have been elected and duly qualify. The following shall be ex- officio members of the II
Board of Trustees:
The Mayor of the City of Chanhassen
City Manager, Clerk, Clerk- Treasurer, or Finance Director 1
The Chief of teh Chanhassen Fire Department.
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SY -LAWS OF THE CHANHASSEN VOLUNTEER FIRE DEPARTMENT RELIEF
ASSOCIATION. INC.
ARTICLE I
Name and Title. The name and title of this corporation
shall be "The Chanhassen Firefighters Relief Association, Inc."
ARTICLE II
Section 1. Membership. All members of the Chanhassen Volunteer Fire
Department shall be eliaible to join this association after serving
one year probationary period. All applications for membership shall
be sent to the Board of Trustees. Each application shall be in
' writing, signed by the applicant, stating name, residence and the date
that he joined the fire department. He shall then be entitled to a
certificate of membership in the association and said certificate
' shall be signed by the president and the secretary of the association.
Section 2. Dues. Each member shall pay,. to the association annual
dues of $25.00.
' Section 3. Aoe Reouirements. No person forty -one (41) years of age
or over shall be allowed to join this association. Anyone placed on
' probation may be reinstated in the relief association regardless of
age.
' Section 4. Rights and Privileges Forfeited. Any person expelled, on
probation or resigning from the Chanhassen Volunteer Fire Department
shall forfeit all claims for death or other benefits.
' Section 5. Membership After Retirement. Anv member who retires from
said fire department after being vested shall be relieved from his
obligation of paying dues but 'shall remain a member of this association.
' Once retiring from said fire department, however, a member shall not
be eligible for disability relief from this association.
' ARTICLE III
Section 1. Funds. The property and monies of this association shall
be kept in two separate and distinct funds known as the "General Fund"
and the "Special Fund ".
Section 2. General Fund. The funds received by this association from
' dues, fines, initiation fees, entertainments, and other miscellaneous
sources shall be kept in a General Fund and may be disbursed by the
Board of Trustees for any purpose reasonably suited to the welfare of
the association and its members, (including a pro -rated share of the
' General Fund based on months of service for any member who resigns
after five years). However, upon a vote of two - thirds of the members
present and voting at a regular or special meeting any such monies may
be placed in the Special Fund.
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Section 3. Special Fund. All monies received from the annual tax
levied by the City Council and all monies received from the tax on
insurance premiums shall be kept in the Special Fund, designating the
specific source of such funds. The monies in this fund may be dis-
bursed only as provided by the laws of the state and as approved by
the City Council. ,
ARTICLE IV
Section 1. Officers. The officers of this association shall be a ,
President. a Vice - President, a Secretary, and a Treasurer.
Section 2. Election and Term of Office. Said officers shall be
elected annually from the Board of Trustees at their annual meeting in
February of each year.
Section 3. Board of Trustees. The Board of Trustees shall be com-
posed of six trustees, at least one but not more than two of whom
shall be retired firemen as soon as someone is retired. Two trustees
shall be elected annually at the regular meetina of the association
and they shall hold their respective offices for the term of three
years or until their successors have been elected and duly qualify.
The following shall be ex officio members of the Board of Trustees:
The Mayor of the City of Chanhassen
City Manager
The Chief of the Chanhassen Volunteer Fire Department
ARTICLE V
Section 1. President's Duty. It shall be the duty of the President
to preside at all meetings of this association, .to sign all cer-
tificates and notices as may be requiring his signature to authenticate
them, and to have general supervision over the association.
Section 2. Vice - President's Duty. The Vice - President shall perform
the duties of the President during his absence or disability and in
the case a vacancy in the office of President, until a successor has
been elected.
Section 3. Secretary's Duty. It shall be the duty of the Secretary ,
to keep a true and accurate record of the proceeding of all meetings
of the association and of the Board of Trustees. He shall keep a
correct record of all amendments, alterations and additions to the
Articles of Incorporation or the Bylaws in a separate book from the
minute books of the association. He shall cause due notice of all
special meetings of the association and of the Board of Trustees two
weeks in advance of the meeting along with an agenda. He shall receive
all moneys due the association and pay the same over to the Treasurer.
He shall keep a roll of membership, with the date of joining, resigna-
tion, discharge, leaves of absence, dues and assessments paid and relief
or pensions furnished. His books shall at all times be open to inspec-
tion by the Board of Trustees. Prior to entering upon the duties of his
office, he shall give a bond in such amount and with such sureties as
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may be required and approved by the Board of Trustees. conditioned upon
the faithful discharge of his trusts and the full performance of the
duties of his office. Such bond will be paid for from the Soecial Fund
of the Association. He shall sign all orders for payment issued to the
Treasurer. and jointly with the Treasurer, prepare and file all reports
and statements reguired by law. He shall receive such salary as may be
' fixed from time to time by the Board of Trustees, subject to approval of
the association. and payable from the Special Fund of the association.
' Section 4. Treasurer's Duty. It shall be the duty of the Treasurer
to receive from the Secretary all funds belonging to the association
and hold them subject to the order of the President and countersioned
' by the Secretary. He shall keep separate and distinct accounts of the
Special and General Funds, and shall prepare and present to the Board
of Trustees a full and detailed statement of the assets and liabili-
ties of each fund at each meeting of the Board of Trustees. and prior
' to the annual meeting of the association. He shall deliver to his
successor in office. or to any committee appointed by the Board of
Trustees to receive the same, all moneys, books, papers, and other
J items pertaining to his office immediately upon the expiration of his
term of office. Prior to entering upon the duties of his office. he
shall give a bond in such amount and with such sureties as may be
required and approved by the Board of Trustees, conditioned upon the
faithful discharge of his trust and the faithful performance of the
duties of his office. to be paid for from the Special Fund of the
association. Jointly with the Secretary, he shall prepare and file
' all reports and statements required by law. He shall receive such
salary as may be fixed by the Board of Trustees from time to time.
subject to approval of the association, and payable from the Special
' Fund of the association.
Section 5. Removals. Any officer or general trustee may be removed
for just cause at a special meeting of the members by a 2/3 vote of
' those entitled to vote at an election of officers and trustees. No
officer or general trustee shall be removed unless notice of the
meeting at which removal is to be considered states such purpose.
' When an officer or trustee has been removed, new officers or general
trustees may be elected at the same meeting to serve until the next
annual meeting of the members and until their successors have been
elected and have qualified.
' Section 6. Debts Prohibited. No officer or member of this
association shall contract any debt for the same unless authorized by
' the Board of Trustees.
ARTICLE VI
1 Section 1. Powers of the Board. The Board of Trustees shall have
exclusive control and manaoement of all funds received by the
Treasurer, and shall constitute the governing body of said association
' with full power and authority to carry out the objects and purposes of
the association as set forth in the Articles of Incorporation and
Bylaws of the association and the laws of the State of Minnesota.
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Section 2. Application for Relief. All applications for relief or
benefits shall be made to the Board of Trustees in writing. Said
applications shall be accompanied when disability relief is applied
for by a certificate of disability from the Physician in attendance.
stating the length of time such member has been unable to perform the
duties of a fireman. ,
Section 3. Approval of Claims. The Board of Trustees upon being
satisfied of the merit of any claim for benefits shall endorse its
approval with 2/3 vote thereon and the same shall forthwith be paid by
the association.
ARTICLE VII '
Section 1. Permanent Disability Relief. If a member is sick or
injured from causes outside or in the line of duty and a physicians
report shows that he is unable to perform his duties he may receive, as
the Board of Trustees decide, an amount of $228.00 per month or
$11.40 per month per year of service, whichever is greater.
Section 2. Temporary Disability Benefits. Upon the approval of the
application therefore, any member of this association who becomes tem-
porarily physically incapacitated for active duty in the Fire Department
of the City of Chanhassen because of illness or injury sustained in the
performance of such duty and is unable to work for one week or longer
shall be paid a benefit of $5.00 per day for a period no longer than 120
days in any one fiscal year, providing he is under the care of a physi-
cian
or doctor during this period.
Section 3. Pension. A member is entitled to a full pension if the
member has actively served in the Chanhassen Fire Department for at
least 20 years provided that the member shall have been a member of
this association for at least 10 years and shall have reached the
ape of 50. ,
The pension will start on the first day of the month following
retirement from the association. Thirty days prior to the start
of benefits, the member shall elect whether he wants a monthly
pension or a lump sum pension. The monthly pension is $11.40 per
year of Fire Department service up to a maximum of 30 years and
is payable for the lifetime of the member. The lump sum pension
is $1.710.00 per year of Fire Department service up to a maximum
of 30 years and is payable as a single amount as settlement of all
rights under the plan.
Section 4. Vesting and Option of a Reduced Pension. Any member may
receive a reduced pension if retiring with at least 10 years but with
less than 20 years of active service with the Fire Department, and
10 years active membership in the association. Such member shall be
placed on the deferred vested pension roll. This vesting procedure
provides for the payout of assets of the Special Fund to the retiring
member. During the time a member is on the deferred pension roll he
will not be elioible for any disability benefits as provided in Section
I of this article, and he shall be relieved of the obligation of payment
of dues.
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. The deferred pension will start on the first day of the month following
attainment of age 50 if the member retires with less than 20 years prior
11 to reaching age 50. A member elioible for a reduced pension who retires
after ace 50 shall be immediately eligible for the appropriate pension.
Thirty days prior to the start of benefits. the member shall elect
I whether he wants a monthly pension or a lump sum pension. The monthly
Pension is the vesting percentage times $11.40 per year of Fire
Department service up to a maximum of 30 nears and is payable for the
lifetime of the member. The lump sum pension is the vesting percentaoe
I times $1.710.00 per year of fire department service up to a maximum
of 30 years and is payable as a single amount as settlement of all
rights under the plan. The vesting percentage is determined from the
II following table:
*Completed Years Vesting
I of Active Service Percentage Monthly Lump Sum
Less than 10 vears No Pension
10 years 607 $68.40 10.260.00
I 11 years 64%
$80.26 12.038.46
12 nears 68%
$93.02 13.953.60
13 years 72% $106.70 16.005.60
I 14 years 76% $121.30
$136.80 18.194.40
15 years 80% 20.520.00
16 years 84% $153.22 22.982.40
I 17 years 887. $170.50 25,581.60
18 nears 92%
$188.78 28.317.60
19 years 967.
$207.94 31.190.40
20 or more nears 100% $228.00 34.200.00
I Section 5. Death Benefits.
II (a) Death Prior to Benefit Commencement
Upon the death prior to benefit commencement of an inactive member
who is on the deferred vested 'pension roll or any active member who is
1 vested (that is. has met the eliaibility criteria of Section 4) a monthly
pension shall be paid to the member's designated beneficiary. The monthly
pension is the member's vestino percentage as determined in Section 4
I times $11.40 per year of Fire Department service up to a maximum of 30
years. Such benefit shall commence on the first of the month following
death and shall be payable for 120 months. In the event of the benefi-
i ciary's death prior to receipt of the 120 payments, payments will continue
for the remainder of the 120 month period of the member's designated
secondary beneficiary.
II (b) Death After Benefit Commencement
If a member elected a lump sum pension, no death benefits are
II payable under this plan. If a member elected a monthly service
pension, a death benefit of $1,000 shall be paid to the designated
beneficiary. In the event of the beneficiary death prior to receipt
I of death benefit, payment will be made to the members designated
secondary beneficiary. If no surviving designated beneficiary. then
said amound shall be paid to the estate of the deceased member.
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Furthermore. if a member who is receiving a monthly pension dies
prior to receiving 120 monthly payments, the payments shall continue to
the member's designated beneficiary for the remainder of the 120 month
period. In the event of the beneficiary's death prior to receipt of all II
promised payments, payments will continue to the member's designated
secondary beneficiary until a total of 120 payments have been made on th
member's behalf.
Section 6. Disbursement of Funds. All monies of this association
shall be disbursed only as heretofore provided. except by a two - thirds
(2/3) vote of the members of the association. All benefits provided
hereunder are maximum, and if the condition of the treasury does not
permit the payment of all benefits in full, the available funds shall
be pro -rated among the several beneficiaries. This applies to pension
as well as disability benefits.
Section 7. Penalty for Fraud. Any member who shall be found imposing 1
upon this association by feigning sickness or injury for the purpose of
defrauding the same, shall be expelled. Any member failing to account
for any money belonging to this association, which may have come into
his hands, shall be expelled.
ARTICLE VIII 1
Section 1. Reports. All reports and resolutions shall be submitted in
writing and no report from a committee shall be received unless it is
approved by a majority of such committee, but a minority report may
always be presented.
Section 2. Armed Services. In the event that any member is required to
serve in the United States armed services either by enlistment or draft
in case of national emergency for the duration, the time that he has
accrued towards his service pension in this association shall remain
frozen. but he shall be subject to the same eligibility rules as any
other applicant for membership upon his return.
Section 3. Annual Meeting. The regular annual meeting of the asso- 1
ciation shall be held in February of each year and shall not start
until after 6:00 p.m.
ARTICLE IX 1
Section 1. Aid Committee. The Aid Committee shall consist of three
members of the Relief Association, as appointed by the Board of
Directors.
The duties of the Aid Committee shall consist of, but not limited to,
making sure that the proper forms be filled out for any claim of bene-
fits by any member of the Relief Association and that those forms be
filed with the proper agencies. Also, this committee shall perform such
other duties which may be assigned to it by the Board of Trustees.
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' ARTICLE X
Section 1. Voting.
A. All matters pertaining to voting must be approved by two- thirds
(2 /3) of the members present.
B. Only members in good standing (excluding members on probation or
suspension of the Fire Department) may vote.
ARTICLE XI
Section 1. Amending By -Laws. The by -laws of this association may be
' amended at any regular or special meeting thereof by a favorable vote
of two - thirds of the members present and voting, provided that a
quorum of 50% of voting members is present and provided further that
notice of any proposed amendment or amendments shall be given by
reading the same at a regular or special meeting not more than thirty
(30) days next preceding that upon which such amendment or amendments
are acted upon and that a notice be mailed to each member at his last
' known address not less than ten (10) days prior to such meeting. And
provided further that such amendment or amendments shall be approved
by the council or governing body if the amendments affect the benefits
to be paid by this association.
Approved by the Chanhassen City Council September 10, 1984
Approved amendment by the Chanhassen City Council March 3, 1986
Approved amendment by the Chanhassen City Council October 24, 1988
Adopted by the Chanhassen Fire Relief Association October 29, 1984
' Amended by the Chanhassen Fire Relief Association March 17, 1986
Amended by the Chanhassen Fire Relief Association December 14. 1988
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T TY 0
viloir
CHANHASSEN
I .
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
II (612)937-1900* FAX (612) 937 -5739
1 MEMORANDUM •
II TO: Dale Gregory, Fire Chief
FROM: Don Ashworth, City Manager
1 DATE: January 24, 1991
SUBJ: Fire Department Bylaws
1 I have submitted the Fire Department Bylaws to the City Council for
their consideration. I will notify you following Monday evening's
I meeting as to the City Council's action. _
In anticipation of the City Council approving the proposed bylaw
amendments, I would like to take this opportunity to re -state
II general agreements reached between you and I (Fire Department) in
processing the bylaw amendments. My specific concern was the
. increase in the total number of authorized firemen from 40 to 60.
I It is my understanding that the Fire Department wishes to see this
number higher than necessary so they are not required to make bylaw
amendments each year recognizing our increasing population.
I However, to ensure that monetary implications of these changes
could be adequately considered, we agreed to set each years actual
membership goal as a part of the budgetary process. This would
additionally ensure that the City Council was fully aware of
I changes which were being proposed as. well as likely changes within
the department during the ensuing year. For 1991, we anticipated
the number of firemen increasing from approximately 40 to 45. It
1 is my understanding that you currently have 5 additional members
who could and would be activated assuming that the bylaw changes
are in fact approved by the City Council. Although each year's
I targeted complement of firefighters should be a part of the yearly
budgetary process, the Fire Department may also wish to forecast on
a longer range basis. You may wish to discuss this with your
officers.
II I would like to meet with you and Scott Harr in the very near
future to discuss Fire Department goals for 1991. When completed,
1 these goals, together with the goals of all of our departments,
will be submitted to the City Council as a part of a worksession to
gather their thoughts and objectives. I congratulate you and the
Fire Department for the accomplishments that were completed in 1990
II and I look forward to working with you as we move into 1991.
PtOfi
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