Constitution and By-Laws in PDF format

PREAMBLE

Whereas, Experience has demonstrated the truth in the saying, "In Union there is Strength," and to reach desired results, those who Think Alike, must act together, now, therefore, be it RESOLVED, WE, the Chief Officers of the Fire Departments of the State of New Jersey, and such other persons as we shall deem eligible to join us, do form ourselves into an association to be known as the NEW JERSEY STATE FIRE CHIEFS' ASSOCIATION.

The purpose of this Association shall be:

a. The discussion and dissemination of methods of Prevention and Suppression of fires.

b. The establishment of a BENEFIT FUND for the purpose of providing for the designated beneficiaries of deceased Fire Chiefs who became members of this fund.

c. To give attention to such other matters as the Fire Service shall, from time to time, bring before it.

d. The promotion of Social and Fraternal fellowship.

To the establishment of this organization in February 1905, and its Incorporation in December 1918, acknowledgment is respectfully given.

CONSTITUTION

Article I - Name

This organization shall be known as the "NEW JERSEY STATE FIRE CHIEFS' ASSOCIATION."

Article II - Officers

Section 1. The officers of this association shall consist of a President, a First Vice President, a Second Vice President, a Secretary, a Treasurer, and Six (6) Trustees, who shall be elected from the membership as provided for in the By-laws.

Section 2. There shall be a Board of Directors which shall consist of the President, First and Second Vice Presidents, the Secretary, the Treasurer, Trustees, and the Immediate Past President.

Section 3. In the event of a vacancy in the office of President or First Vice President, the next ranking officer shall assume that office. Where a vacancy occurs in the office of the Second Vice President, Secretary, Treasurer, or Board of Trustees, the Board of Directors shall appoint one of the regular members of this Association to fill the position until the next Annual meeting at which time an election shall be held to fill the unexpired term.

Article III - Membership

Section 1. The membership of this association shall consist of active, active-beneficial, honorary, life, and associate members.

Section 2. Chiefs, Deputy Chiefs, Assistant Chiefs and Battalion Chiefs of any Fire Department, Company or Brigade, whether paid, volunteer or industrial, shall be eligible for membership.

Article IV - Meetings

The Annual meeting of the Association shall be held in the fall of each year. Other meetings shall be held as set forth in the By-laws.

Article V - Benefit Fund

This association shall establish a fund known as the Benefit Fund. It shall be for the purpose of providing for the designated beneficiaries of deceased members as set forth in the By-laws.

Article VI - Amendments

Amendments to this Constitution shall be forwarded to the Board of Directors, in writing. The Board of Directors shall review the proposed amendment through the By-law Committee, edit same, and prepare it for presentation to the membership in the Five Trumpet Journal or a separate mailing. A ballot will be included which must be returned to the Secretary before the time specified, at least 30 days after the mailing. A Committee of three will be appointed by the President to count the ballots. A two-thirds affirmative vote of those voting shall be required for passage of any amendment. Amendments shall take effect upon adoption unless otherwise provided.

BY-LAWS

Article I - Representation

In order that the entire state shall be properly represented, geographically, it shall be divided into three regions of seven counties each. Region One (1) will be those counties known in the northern part of the state: Bergen, Essex, Hudson, Morris, Passaic, Sussex, Warren. The seven central counties: Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset, Union, shall be known as Region Two (2). The seven counties in the southern part of the state: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Salem shall be known as Region Three (3).

Article II - Officers

Section 1. All officers elect, shall assume the duties of their office as set forth in Article X, Section 3.

Section 2. Presidential Officers: There shall be three (3).

a. A President, a First Vice President and a Second Vice President.

b. They shall be divided equally among the three regions of the state and shall hold office for a two (2) year term.

c. These Officers may not be elected to successive full two-year terms in the same office.

Section 3. Secretary:

a. The Secretary shall hold office for a two (2) year term. This office is open for succession by the incumbent.

Section 4. Treasurer:

a. The Treasurer shall hold office for a two (2) year term. This office is open for succession by the incumbent.

Section 5 Trustees: There shall be a board of six (6) Trustees.

a. There shall be two (2) trustees from each region of the state.

b. They shall hold office for a three (3) year term and two (2) shall be elected at each Annual meeting.

c. They may serve for not more than three (3) full terms.

d. Immediately following the Annual meeting, the trustees shall meet and elect a Chairman from their number.

Article III - Duties of Officers

Section 1. President: It shall be the duty of the President to preside at all meetings of the Association and the Board of Directors.

a. The President shall appoint all Committees as provided for in Article VI of these By-laws and appoint all special committees and perform such other duties as the office shall require.

b. The President shall be an ex-officio member of all Committees.

Section 2. First Vice President: In the absence of the President, this officer shall perform all the duties of the President.

a. When the President is presiding, this officer shall assist in every way possible.

b. The First Vice President shall attend such meetings as the President shall designate and act as his representative.

Section 3. Second Vice President: It shall be the duty of this officer to act in the capacity of the First Vice President when that officer is not present, and assume all the duties listed in Section 2 above.

Section 4. Secretary: It shall be the duty of this officer to keep an accurate record of all Association and Board of Directors meetings and publish the minutes of these meetings for all members of the Board of Directors which includes the preparation of meeting schedules and agendas (both Board and regular) at the direction of the President in accordance with the By-laws. The Secretary shall:

a. Publish a list of all committee members and notify same of their appointment.

b. Keep an up-to-date record of the membership and report on same at each regular meeting. This record shall list all of the members of the Association, both Benefit and Non-Benefit, showing their status at that time. This record shall include overall listing and listing by counties.

c. Receive and answer promptly all communications pertaining to the affairs of this Association and shall direct any requests to the proper committee head or division of the Association.

d. Receive and keep accurate records of all funds received by his office for the operation of the Association. The Secretary will provide the Treasurer with a written monthly report, an Association approved Monthly Financial Reconciliation Form, showing all recorded income balances within the Association.

e. Deposit all funds received by his office in a bank account that has been approved by the Board of Directors. A predetermined balance will be kept on hand by the Secretary for the purpose of keeping the account active. The balance of the funds will be forwarded to the Treasurer for deposit in the main bank accounts of the Association.

f. Handle all logistic support, process all membership applications, process and mail all editions of the Five Trumpet Journal, process the annual dues bills and collections and issue annual dues cards for the entire membership upon payment of such dues.

Section 5. Treasurer: The Treasurer shall:

a. Be responsible for operation of the Benefit Fund of the Association.

b. Process all membership applications indicating joining the Benefit Fund as received from the Secretary by copy of the original.

c. Process any and all claims for the members of the Benefit Fund upon the report of the death of a member.

d. Process, mail and collect the annual Benefit assessments that are sent to the members on a quarterly basis. Record all returns. Keep all mailing lists current and provide the Association with reports of the membership status of the Benefit Fund.

e. Issue all information pertaining to the operation of the Benefit Fund to newly applied members after receiving an approved application for membership and provide such information to current members upon their request.

f. Receive and keep an accurate record of all monetary transactions of the Benefit Fund and the General Fund of the Association. All money shall be deposited in any insured bank in the State of New Jersey approved by the Board of Directors. Complete written reports of all money received shall be printed for the Board of Directors and the Membership prior to any meeting of such groups.

g. Pay all disbursements by check. Such checks shall be signed by any two officers, excepting Trustees, under a Check Warrant System adopted by the Secretary and the Treasurer. A copy of the proposed check and the reason for it will be sent to the Officers for approval before a check is written and mailed for payment. A record of the check disbursement activities shall be printed and made available to the members of the Board of Directors and to the members of the Association. The warrant will be kept with a NCR copy of the check and will be made a permanent record of the financial records of the Association.

h. Prepare a printed accounting of all financial transactions defining each transaction by category whether it is for the General Fund or the Benefit Fund.

i. Post all Quarterly and Annual Federal and State reports to be filed by the Association including payment of all taxes required to accompany the reports.

j. Process any and all salary transactions for the payment of employees of the Association throughout the year and file all necessary Federal and State forms that are needed and required by law. Salaries will be distributed on a quarterly basis or as instructed by the Board of Directors.

k. Prepare and publish a complete printed record of all the Association financial records for the annual budget review and overall view of the Association financial outlook on a yearly basis.

1. Close the books on September 30 of each year and provide the Association records and all necessary reports for the annual audit by a Certified Public Accountant as designated by the Board of Directors who shall report on the accuracy of the accounts prior to the Annual meeting in October of each year.

m. Follow the fiscal year of October 1 through September 30 of each year.

Section 6. Trustees: They shall act as a budget committee and consulting with the Secretary and the Treasurer and the President shall prepare a budget for the coming year. The Budget shall be presented to the Board of Directors by the committee, for adoption at the Board meeting prior to the Annual Meeting.

a. They shall arrange for and secure a bond for all of the officers; the amount of said bond to be determined by the Board of Directors.

Section 7. Board of Directors: It shall be the duty of the Board to transact business of the Association not otherwise provided for. They shall act upon the proposed budget at their meeting prior to the Annual meeting and present an approved budget to the Annual Meeting.

a. They shall arrange for meeting places, topics, reports, et cetera, not otherwise provided for.

b. They shall be authorized to engage the services of professionals to include attorneys and a CPA, and provide for payment of compensation to the Secretary and the Treasurer.

c. Officers and members may be reimbursed from the general funds of the association for out-of-pocket expenses for authorized travel and other expenses incurred on behalf of the Association in accordance with guidelines established by the Trustees

Article IV – Membership

Section 1. Membership: The membership of this Association shall consist of Active, Active-Beneficial, Honorary, Life and Associate Members.

a. An application for membership shall be made on a standard form of the Association and may be obtained from the Secretary.

b. An application fee of $20.00 shall accompany the application. This fee shall cover all costs of registration such as record details, membership cards, etc. $17.50 of this fee is for annual dues.

c. Applications shall be filled out completely and a member in good standing shall certify the applicant’s qualifications.

Section 2. Eligibility: Chiefs, Assistant Chiefs, Deputy Chiefs, Battalion Chiefs, current and former of any Fire Department, Company or Brigade; paid, volunteer or industrial, shall be eligible for active membership in this association. The term Fire Marshal or Fire Warden even when preceded by the word CHIEF, shall not allow other than Honorary membership in this Association.

Section 3. Active Members: An active member shall be any of those eligible members listed in Section 2, who shall continue to pay their dues, regardless of age. Qualified applicants' membership shall be effective on the date of the postal service mark shown on the envelope containing the Application received by the Secretary in the mail or on the date of personal presentation of Application to the Secretary, except that any member shall not be eligible to cast any vote within 60 days thereafter.

Section 4. Active-Beneficial Members: Benefit members shall be those active members who shall join the Benefit Fund and who shall comply with the rules set forth in Article IX.

Section 5. Honorary Membership: Honorary Membership may be conferred on any person who shall have rendered outstanding service to this Association or the Fire Service as a whole.

a. The person's name and a short resume of the special service shall be presented to the Board of Directors.

b. The Board of Directors shall review the resume and then present the name to the Association meeting witb a summary of their findings and recommendation as to membership.

c. Election to Honorary membership may be at any regular meeting by a majority vote of the members present and voting.

d. Honorary Members shall have no vote and shall not be entitled to membership in the Benefit Fund.

e. Honorary members shall receive an Honorary Membership card.

Section 6. Life Member: Life members shall be those who the association shall deem worthy of the honor.

a. Proposal for Life Membership shall be made to the Board of Directors meeting together with a short resume of the reason for the proposal.

b. The Board of Directors shall review the proposal and if deemed proper shall grant life membership and make suitable preparations for presentation at a regular meeting of the association.

c. The President shall be made a Life Member at the conclusion of the term of office and shall be exempt from paying dues.

d. A Life Member shall continue to pay all assessments to retain membership in the Benefit Fund.

e. Life Members shall receive a membership card showing membership status.

Section 7. Associate Members: Associate membership shall include Captains and Lieutenants, current and former, of any Fire Department, Company or Brigade, paid volunteer or industrial, who take an active part in administration and fire fighting operations.

a. Associate members shall be entitled to participate fully in the affairs of the Association with the exceptions of holding elective office and voting privileges.

Section 8. Dues: Dues shall be $17.50 per year and shall be due on the first of January each year. Dues shall be paid not later than July 1 of the year and, if they are not paid by that date, the member will be classed in arrears.

a. Any member in arrears shall lose the right to vote and if such a member remains in arrears for two (2) consecutive years, after due notice, shall be referred to the Board of Directors for suspension.

b. A suspended member may be reinstated to membership in the Association by the Board of Directors but must pay all dues due at the time of suspension and a reinstatement fee of $2.50.

Article V - Meetings

Section 1. Meetings: There shall be one (1) regular meeting of this Association per calendar year; the annual meeting, at the time and location set forth by the Board of Directors.

Section 2. Special Meetings: Special meetings of this Association may be called by the President.

a. Special meetings shall be called upon presentation to the Secretary of a petition bearing the signatures of not less than twenty five members of this Association in good standing. Only such business as contained in the notice of a special meeting shall be transacted.

Section 3. Quorum: Twenty five active members in good standing shall constitute a quorum for the transaction of business at any regular or special meeting of the Association.

Section 4. Directors Meetings: The Board of Directors shall hold a regular meeting prior to each of the three state association meetings at the call of the President.

a. A majority of the Board of Directors shall constitute a quorum for a meeting.

b. Special meetings of the Board of Directors may be called by the President or any five (5) members of the Board of Directors.

Section 5. Notification: The Secretary shall notify the Board at least two (2) weeks prior to any regular Board meeting.

a. The Secretary shall notify the Directors at least forty-eight (48) hours prior to any special Board meeting.

Article VI - Standing Committees

The Standing Committees of this Association shall be:

a. By-laws and Resolutions

b. Legislation

c. Publicity

d. Scholarship

e. Valor Awards

Section 1. The President shall designate the Chairperson of the Committees from any region of the State.

Article VII - Duties of Committees

Section 1. Standing Committees: The duties of the standing committees shall be:

a. By-Laws and Resolutions Committee: This committee shall have not less than three (3) members, plus a Presidential Officer and the Secretary.

1. It shall be their duty to review and update the By-Laws of the association as necessary.

2. They shall receive all motions and resolutions for changes in the By-Laws after the first reading and prepare same for proper position and wording.

3. They shall read them giving title, article, section and proper wording at the second reading for final passage.

4. They shall receive all resolutions presented to the Association, prepare resolutions as directed by the Board of Directors, examine them as to the legality and best interest of the Association, and report their findings to the Board or the Association.

b. Legislation Committee: This committee shall have not less than three (3) members.

1. They shall inquire into and report on any legislation concerning the Fire Service.

2. They may recommend to the President legislation favorable to the Fire Service.

3. They may advise against any legislation, if same be not in the best interest of the Fire Service.

4. They shall keep the President advised of any controversial legislation at all times.

5. They shall file a report of their findings at each Association meeting.

c. Publicity Committee: This committee shall have not less than three (3) members.

1. They shall publicize the activities of the Association meetings in all sections of the State.

d. Scholarship Committee: This committee shall consist of not less than three (3) members, at least one (1) from each region of the State.

1. It shall be their duty to establish and administer rules and regulations, prepare and distribute application forms, and to select recipients for scholarship awards in the amount of any funds made available to, or by, the Association for that purpose.

e. Valor Awards Committee: This committee shall have not less than three (3) members, one (1) from each region of the State.

1. Each committee member may select not more than one (1) assistant, and an alternate, from each County in the region, to promote and encourage persons (Fire Service people) to submit applications for awards.

2. Assistants shall gather information on valorous service performed by volunteer firefighters in their County, aid in the preparation of Valor Award Applications, countersign them, and send them to the regional member of the Valor Awards Committee by January 15th of the following year.

3. The committee members shall send the applications to the Secretary. The Secretary will send copies of all applications and a rating sheet to each County assistant. The rating sheet shall be returned to the Secretary by March lst of each year.

4. The Valor Awards Committee and the elected officers shall meet after March lst and prior to April 15th of each year to review the applications and rating sheets and determine the recipients of the valor awards for the year just passed.

5. The President may appoint one of the Committee members for liaison between the Committee and the Board of Directors.

6. The Awards shall be presented at a regular meeting of the Association.

7. The awards shall be prescribed by the Valor Awards rules and regulations.

Section 2. Special Committees: The President may appoint other committees as may become necessary.

a. Should any Special committee be found to be of advantage as a permanent Standing committee, it will be necessary to amend the By-Laws for their inclusion in that category.

Section 3. Reports: Each Committee Chairperson shall give a report at the Board of Directors meeting when requested.

a. The Chairperson shall supply a written report for the Annual meeting which shall be given to the Secretary for inclusion in the minutes of that meeting.

Article VIII - Rules of Order

Section 1. The presiding officer shall preserve order and decorum and shall take no part in debates while presiding.

a. All questions of order shall be decided by the presiding officer subject to appeal to the meeting. Upon each appeal, the vote shall be taken without debate.

b. The presiding officer may state the reasons for the decision given and shall put the question as follows: "Shall the decision of the Chair be sustained?"

c. A two-thirds majority of those voting shall be necessary to reverse the decision of the Chair.

Section 2. Every member who speaks or offers a motion shall rise, give personal name and the Company or Department affiliation and respectfully address the Chair.

a. When finished speaking a member shall at once be reseated.

b. When speaking, all members shall confine themselves to the question under debate and avoid all personal or indecorous language.

c. If required, the member shall put the motion in writing.

Section 3. When two (2) or more members rise to speak at the same time, the presiding officer shall decide who is entitled to the floor.

Section 4. A member called to order shall immediately cease speaking and be reseated until the point of order has been decided, when the member will be entitled to the floor again.

Section 5. A motion to table the question shall always be in order, except when a member is in possession of the floor.

a. Such motion must be put without debate, and if supported by a majority of the members present and voting, shall be declared carried and no further debate or amendments shall be in order until the main questions shall have been decided.

Section 6. A motion to adjourn shall always be in order except when a member is in possession of the floor, or a vote is being taken, or it has been decided that a vote be now taken.

a. A motion to adjourn is not debatable, but a motion to adjourn to a given time is open to debate.

Section 7. Any question coming before the meeting for which no provision has been made in the Constitution, By-Laws or Rules of Order shall be decided by the presiding officer. The Chair shall be guided in decisions by the rules laid down in Roberts Rules of Order Newly Revised.

Section 8. Discussion of religious or political matters will not be allowed on the floor at any meeting of the Association.

Section 9. Order of Business

a. The suggested order of business for the Regular Meeting shall be:

1. Call to Order

2. Flag Salute & Invocation

3. Introduction of Host Chief

4.Introduce Association Officers & Guests

5. Memorial Service (Annual Meeting)

6.Report of Secretary

7. Report of Treasurer

8. Reports of Officers

9. Reports of Committees and Representatives

10. Reports of Members

11. Nominations (Annual Meeting)

12. Unfinished Business

13. Election of Officers (Annual Meeting)

14. Installation of Officers (Annual Meeting)

15. New Business

16. Good & Welfare

17. Program

18. Adjourn

b. A formal Installation of Officers may be held at a later time and date, however, the new Officers shall take charge at the Annual Meeting after the completion of Old Business and prior to the start of New Business.

Article IX - Benefit Fund

Section 1. Active members and Life members who were members of the Benefit Fund when they became Life Members who comply with the requirements of the Benefit Fund By-Laws shall be entitled to its benefits.

Section 2. The Secretary shall provide the necessary form for applicants, which form shall be titled "Application Blank - New Jersey State Fire Chiefs' Association, " and shall provide a place for Benefit Fund Membership, which requires the name of beneficiary and signature of the applicant.

Section 3. An applicant shall be required to join the Benefit Fund within five (5) years of joining the association. An applicant shall join the said Fund before reaching the age of fifty-six (56) years.

Section 4. Assessments: Upon satisfactory evidence of the death of a member, an assessment of $1.35 shall be levied on all benefit members.

a. The number of deaths per assessment that are to be withheld before a notice is sent out will be determined by the Board of Directors, before a notice is sent out for these assessments.

b. A member's Benefit Fund entitlement shall cease upon the occurrence of any of the following events:

1. If the annual Association membership dues payment has not been received by July 1 of each year.

2. If all unpaid Benefit Fund assessments have not been received within thirty 30 days after mailing of the third (3rd) assessment notice to the member at the latest address as provided to the Secretary.

3. On application, after termination of Benefit Fund entitlement, a member in good standing may be reinstated to Benefit Fund entitlement upon payment of ten dollars ($10.00) plus all overdue assessments and any sums levied upon Benefit Fund members during the period of ineligibility.

4. The member shall also have to meet the qualification requirements of Section 3 of these Benefit Fund By-Laws to be reinstated to such privileges.

Section 5. Qualification. A member must be a member of the Benefit Fund for one year to qualify for the death benefit, except in the case of a line of duty death when the benefit will be paid. The time of membership shall be measured from the date of the postal service mark shown on the envelope containing the Application received by the Secretary in the mail or on the date of personal presentation of the Application to the Secretary.

Section 6. Payment of a Claim. Upon notice of a death the Treasurer shall proceed to process the claim as quickly as possible.

a. Upon receipt of legal proof of death (A copy of the death certificate) and the signing of a release paper by the proper claimant which shall be duly notarized, the claim will be paid.

b. The beneficiary shall be as designated in the Benefit Fund Application unless a member has by written notice to the Treasurer designated a change in beneficiary, which shall take effect as of the date that the written notice thereof on a form to be supplied by said Treasurer has been signed and witnessed, but without further liability on the part of the Association with respect to any benefits paid or applied pursuant to the last beneficiary designation in its files on the date of payment. If two or more persons are designated as beneficiary, the proceeds shall be payable unless otherwise specified in such designation, in equal shares to such of said persons as survive the member, and such survivors or survivor shall be deemed the designated beneficiary for the whole of the proceeds so payable. If there is no designated beneficiary living at the death of the member, then the proceeds shall be payable to the member's executors or administrators.

c. The amount of the benefit payment shall be determined by the Board of Directors and shall become effective as of the time and date of the Board meeting voted upon.

d. In the event the member has misstated the birth day on the application form, the Association may without liability refuse to pay the claim in full, except that such monies as shall have been paid into the Fund on assessments, may be returned to the member's estate without interest on approval of the Board of Directors.

Article X - Miscellaneous

Section 1. Nomination of Officers

a. Nominations for office may be made orally.

b. Should only one nomination be made for each office called for, the Judge of Elections may prepare a slate of those nominees for the various offices and shall then declare those nominees unanimously elected.

Section 2. Election of Officers

a. Election of officers shall be by ballot except where only one nomination shall be made for each office called up for election.

b. Under Rule 13 of the Order of Business, the President shall appoint a Judge of Elections and not less than two (2) or more than six (6) tellers from the members assembled.

c. The Judge of Elections shall direct the tellers to distribute the ballots to all members in good standing. (By showing a current membership card or through verification by the Secretary.) Each teller should keep a record of the number of ballots distributed.

d. After a reasonable time (10 minutes) the Judge of Elections shall declare the balloting finished and direct the tellers to collect the ballots. The number of ballots distributed and collected should tally.

e. The election board shall then retire to a separate room and count the votes for the various nominees for each office.

f. At the conclusion of the count, the Judge of Elections shall read the results for each office and declare the persons receiving the greatest number of votes for each office, elected to that office.

Section 3. All newly elected officers shall take office at the beginning of Rule 15 "New Business" at the Annual Meeting.

Section 4. Ballots: The Secretary shall provide the Judge of Elections with printed ballots upon which shall be spaces provided for all elective offices and further spaces for Resolutions and/or By-Law changes. Such spaces to be marked with a number.

Section 5. The Chairperson of the Nominating Committee may be appointed to act as the Judge of Elections unless that person is a nominee for an elective office.

Section 6. Amendments to the By-Laws: Amendments to the By-Laws shall be made as set forth in Article VI of the Constitution.

a. All amendments shall take effect upon adoption unless otherwise provided.

As amended through November 10, 2006.

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