BY-LAWS OF THE CROMWELL FIRE DEPARTMENT Approved :

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TABLE OF CONTENTS

Article I – Name of Organization 4 Article II – Objectives of the Department 4

Section 1 – Objectives of the Department 4 Section 2 – Department Income and/or Assets to be used in Furtherance of Department Objectives Only 5 Article III – Membership; Organizational Structure 5 Section 1 – General Conditions 5 Section 2 – At Will Membership, Termination 5 Section 3 – Department Issued Property 6 Section 4 – Types of Membership, General Requirements by Category 7 Section 5 – Role of the Associate, Auxiliary, Active Reserve, and Fire Police Categories of Membership 8 Section 6 – Eligibility Requirements 8 Section 7 – Membership Status and Performance Records 8 Section 8 – Obligations and Duties of All Members, Generally 9 Article IV – Officers 9 Section 1 – Names of Officers, Number of Available Positions 9 Section 2 – Order of Rank 10

Section 3 – Eligibility 11 Section 4 – Overview of Duties 11 Section 5 – Appointment of Officers; Procedure 14 Section 6 – Removal of Officers 15

Article V – Meetings 16 Section 1 – Parliamentary Authority 16

Section 2 – Regular Department Monthly Meetings 16 Section 3 – Annual Department Meetings 17 Section 4 – Special Department Meetings 18 Section 5 – Officers’ Meetings 18 Section 6 – Quorum 18 Section 7 - Voting 18

Article VI – Committees 19

Section 1 – Overview of Committees 19 Section 2 – Committee Mission Statements 20

Article VII – Amendments to the By-laws, By-laws Not to Be Suspended; Effective Date 21

Section 1 – Amendment Process 21 Section 2 – Effective Date 22

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Article VIII – Expenditures, Receipts, Trust and Activity Funds and Annual Accounting 22

Section 1 – Expenditures 22 Section 2 – Receipts 24 Section 3 – Establishment of Various Funds 24 Section 4 – Annual Accounting 30

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ARTICLE I - NAME OF THE ORGANIZATION

The organization shall be known as the Cromwell Fire Department (hereinafter the “Department”), operating under the jurisdiction of the Board of Commissioners of the Cromwell Fire District (hereinafter the “Board of Commissioners”). The organization may be from time to time referred to as the “Cromwell Volunteer Fire Department”. ARTICLE II – OBJECTIVE OF THE ORGANIZATION

Section 1 - The objectives of the Department shall be:

A. The preservation and protection of life and property from and during such fires or emergencies as may occur in the Town of Cromwell, Connecticut and to assist when called at a fire or emergency in a nearby town.

B. The elimination, correction, or reporting of such fire hazards as may come to its attention.

C. The promotion of fire and safety education programs for children and adults to alert them

to the dangers of fire and smoke and to teach self preservation methods.

D. The provision of emergency medical care and ambulance transportation to all residents in and of the Town of Cromwell who require such emergency assistance, including any and all emergencies which may arise in the Town, and to any person who becomes ill or injured while in the Town or in designated mutual aid areas.

E. The maintenance of its designation as the primary Service Area Provider of Emergency

Medical Services for the Town of Cromwell with respect to emergency response and transportation services, and response to any and all emergencies which may arise in the Town, in accordance with State of Connecticut regulations and the direction of the Department Chief.

F. The provision of ambulance stand-by coverage and/or first aid station personnel when

requested in the event of a fire, disaster, emergency or civil disorder, and for functions held within the Town, upon request, with approval of the Department Chief.

G. The strengthening of the Department’s ties to the community through the promotion of civic involvement.

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Section 2 – Department Income and/or Assets To Be Used in Furtherance of Department Objectives Only

A. No part of the income or assets of the Department shall inure to the benefit of any Officer or Member of the Department. The Department shall not contribute to or otherwise support or oppose any political party or candidate for elective public office. Only public safety issues may be supported or opposed, and a simple majority vote of the total voting membership is required for approval of such action. Any such support or opposition shall be conducted and financed in accordance with the applicable provisions of the Connecticut General Statutes.

B. In the event the Department is dissolved, the net assets, after payment of any debt, will proceed to the Cromwell Fire District.

ARTICLE III – MEMBERSHIP; ORGANIZATIONAL STRUCTURE

Section 1 – General Conditions

A. The maximum membership of the Department and of each type of Department membership shall be regulated by the Chiefs of the Department based on need and budget requirements.

B. It shall be the duty of each member to comply with these By-Laws and all standards set

forth in other Department rules and regulations, and to uphold, support, and protect the spirit of the organization and its public and professional reputation.

C. Only those applicants that submit applications in accordance with the procedures outlined

in the relevant standard operating procedure shall be reviewed for possible probationary membership. Only probationary members who have successfully completed all probationary membership requirements are eligible for active membership.

D. Rules for the participation in activities of the Department by persons who are not

members of the Department shall be established in the Department’s Standard Operating Guidelines.

Section 2 – At Will Membership; Termination

A. The Department adheres to a policy of membership at-will and either the member or the Department is at-will to terminate the relationship at any time, with or without cause.

B. The Department reserves the right to dismiss a member at any time, with or without

cause, provided said member is notified by registered mail a minimum of thirty (30) days prior to any Department action and the vote for dismissal is by two-thirds (2/3) majority

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vote of the officers in attendance at a special meeting of Department officers. Grounds for dismissal include, but are not limited to, the following:

1. Failure to comply with these By-Laws.

2. Failure to comply with any rules and regulations, including but not limited to the Department Standard Operating Guidelines and Standard Operating Procedures issued by the Cromwell Fire Department and/or the Cromwell Fire District.

3. Repeated failure to maintain good standing as defined in Section 8 herein.

C. A member may terminate Department membership through a voluntary resignation

delivered in writing to the Department Chief.

D. The Department Chief may suspend any member for a period of not more than sixty (60) days for failure to comply with these Bylaws or with any other department rule or regulation. The Department Chief shall give written notice of any such suspension, including the terms of and reasons for the suspension, to the suspended member, the Chiefs, the Department Secretary and the suspended member’s Captain. In deciding whether suspension or dismissal is appropriate, the Department Chief shall refer to the Department’s Standard Operating Guidelines regarding discipline.

Section 3 –Department Issued Property

A. Dismissal from the Department shall require immediate return of all Department issued property, including the member’s badge and identification tags, to the Department Chief.

B. Suspension from the Department for disciplinary reasons for any length of time shall

require immediate return of all Department issued property, including the member’s badge and identification tags, to the Department Chief.

C. Members that voluntarily resign from the Department prior to being eligible for life membership or who take a leave of absence for either personal or medical reasons shall be required to make immediate return of all Department issued property including the member’s badge and identification tags, to the Department Chief.

D. Transfer to life membership shall require immediate return of all Department issued

property, except the member’s badge and vehicle plate, to the Department Chief.

E. All dress uniforms, shall, except as provided herein, be the sole property of the Department. Members who remain in good standing and who follow the natural progression in the Department shall be allowed to retain their dress uniforms upon becoming eligible for life membership.

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F. No item of apparel which can be construed as being associated with membership in the

Department shall be purchased by or granted to non-Department members, unless approved by the Department Chief.

G. The dress uniform for members of the Department, the manner of furnishing and maintaining such dress uniform and the member’s contribution to the cost of such dress uniform shall be established in the Department Standard Operating Guidelines and Standard Operating Procedures. The cost of dress uniforms, or replacement portions thereof, for which the Department is making a full or partial contribution in accordance with this Section, shall be paid from the Cromwell Fire District Fire Department Trust, except in the case of career personnel.

Section 4 – Types of Membership; General Requirements by Category

A. The nine (9) categories of membership are as follows: Probationary, Active, Active Reserve, Associate, Life, Auxiliary, Honorary, Career, and Fire Police

B. The following provisions regarding minimum age, minimum service required and normal progression shall apply to the type of Department membership indicated.

C. Additional details specific to the eligibility, application, and training requirements, job descriptions, and the duties and privileges for each category of membership shall be provided in the relevant Standard Operating Guidelines.

D. Regression to probationary membership shall occur any time during the first year of active membership if probationary status is recommended by the Department Chiefs and Officers.

Provision Probationary Active Active Reserve

Associate Member

Life Auxiliary Honorary Fire Police

Career

Minimum Age

18 18 none 18 None 16 None 18 21

Minimum Service Required

6 months Minimum 18-month maximum

6 months 10 years active service

180-hours yearly

10 years active service

None None 6 months None

Normal Progression

To active To Active Reserve or Life

Back to Active or to Life

None None None None To Active or Active Reserve

None

Pension Qualification

Upon Start of Probation

Yes Calculated by years of service

Calculated by hours and years

No No No Yes District Employee

Stipend Qualification

Upon Start of Probation

Yes, Calculated by quota

Yes, Calculated by quota

Yes, Calculated by quota

No Yes, Calculated by quota

No Yes, Calculated by quota

No

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E. The period of probationary membership shall not exceed eighteen (18) months. Failure to progress from probationary membership to the next membership category within eighteen months may be grounds for dismissal from the Department.

F. If an active reserve member is appointed to a Department officer’s position, such member

will automatically be returned to active member status and must meet the obligations and requirements thereof.

Section 5 – Role of the Associate, Auxiliary, Active Reserve, and Fire Police Categories of Membership These components of the Department are organized and operated exclusively for the purpose of providing assistance and support to the Cromwell Fire Department so that it may meet its specified objectives. Section 6 – Eligibility Requirements All members shall be residents of Cromwell, except for those members who are:

A. Full and part-time District employees.

B. Assigned to a specific shift.

C. Employed in town and able to leave work to answer calls, or agree to remain within the borders of the Town of Cromwell when serving a duty shift.

D. Residents of a municipality without volunteer opportunities bordering the Town of Cromwell, and whose residence is within two miles of the Cromwell town line as computed by driving distance on public or private thoroughfares between the individual’s residence and the nearest Cromwell boundary.

E. Auxiliary members who are immediate family members (parent, sibling, child or

spouse) of a current Department member.

F. Life and honorary members.

Section 7 - Membership Status and Performance Records All members will be listed by the Department Chief’s office according to their membership status. A written record of the member’s performance shall be maintained by the Department Chief or the Department Chief’s designee, who must be a Department officer. Written performance records shall be maintained under the control of the Chief’s office.

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Section 8 – Obligations and Duties of All Members, Generally

A. All members shall demonstrate the knowledge of and ability to perform the tasks required by their position, with or without reasonable accommodation.

B. All members shall meet the minimum requirements for attending normal drills, special drills, regular meetings and special meetings, as required by their position.

C. All members must obey all lawful commands of superior officers at all times. The term

“lawful” shall be construed as any command given in accordance with Department policies and procedures.

D. All members must conduct themselves at all times in a manner which upholds the honor

of the Department.

E. All members must familiarize themselves with all Department rules and regulations, including these By-Laws, Department Standard Operating Guidelines, and Standard Operating Procedures.

F. All members shall meet the requirements of good standing as hereinafter defined:

1. Support of the four core values of teamwork, respect, trust and pride

2. Represent the Cromwell Fire Department in a professional manner at all times during community events such as public education, social Department events, and all town committee interactions

3. Meet and / or exceed the minimum quota for all call volume as denoted

in the relevant Standard Operating Guidelines

4. Meet and / or exceed the minimum quota for all required meetings, unless otherwise excused

5. Have had no serious disciplinary actions taken within the past twelve

(12) months

6. Attain all current certifications required of the position

7. Promote and maintain good morale within the Department. ARTICLE IV – OFFICERS

Section 1 - Names of Offices, Number of Available Positions

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A. The line officers shall consist of: one (1) Department Chief, one (1) Deputy Chief, two

(2) Assistant Chiefs, one (1) EMS Captain, three (3) Station Captains, three (3) EMS Lieutenants, and six (6) Department Lieutenants. All line officers must be active members of the Department, with the exception of career personnel.

B. The administrative officers shall consist of: one (1) Secretary and one (1) Treasurer.

Administrative officers must be active or active reserve or associate members of the Department.

C. The non-line officers shall consist of: one (1) Department Training Officer, one (1) EMS

Training Officer, one (1) Fire Police Captain, one (1) Fire Police Lieutenant, one (1) Auxiliary President and one (1) Auxiliary Vice-President. These are non line officer positions and can be held by Active, Active Reserve, Associate members, or in the case of the Auxiliary President and Auxiliary Vice-President positions, held by Auxiliary members.

Section 2 – Order of Rank

A. The order of rank at drills, fires, calls, and other emergencies shall be:

1. Department Chief

2. Deputy Chief

3. Assistant Chiefs

4. Captains

5. Lieutenants

B. The order of rank for conducting Department business at regular or special meetings shall be:

1. Department Chief

2. Deputy Chief

3. Assistant Chiefs

4. Secretary

5. Treasurer

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Section 3 – Eligibility

A. All Captains must have a minimum of Five (5) full years active field experience as an Emergency Medical Technician, Emergency Medical Responder or Fire Fighter with the Department and must be currently certified as such. All Captains must demonstrate leadership skills and technical proficiency to the satisfaction of the Department Chief and must be in good standing with the Department as defined herein in Article III, Section 8.

B. All Lieutenants must have a minimum of three (3) full years active field experience as an

Emergency Medical Technician, Emergency Medical Responder, or Fire Fighter with the Department and must be currently certified as such. All Lieutenants must demonstrate leadership skills and technical proficiency to the satisfaction of the Department Chief and must be in good standing with the Department as defined herein in Article III, Section 8.

C. The Department Secretary must be an active, active reserve, or associate member a minimum of two (2) full years of service.

D. The Department Treasurer must be an active, active reserve, or associate member a minimum of two (2) full years of service.

E. Except for the Department Chief, Deputy Chief, and Assistant Chiefs, who shall be appointed by the Board of Fire Commissioners, all Department Officers shall be appointed by the Chiefs of the Department and shall meet the qualification requirements of the particular job description and the relevant Standard Operating Guidelines for the appointment of officers.

F. The Board of Fire Commissioners reserves the right to determine the eligibility criteria for the Department Chief, Deputy Chief, and Assistant Chiefs.

G. Any officer currently holding a position in which they do not meet the minimum requirements set forth in these By-laws as of the effective date of these By-laws shall be allowed to continue to serve in said capacity, provided that said officer meets the minimum requirements or their practical equivalents through continuing education and training to the satisfaction of the Department Chief.

H. The Department Chief, in his sole discretion, shall be allowed to waive the minimum eligibility requirements for the positions of Captain and Lieutenant upon a showing of good cause or in the event of an emergency.

Section 4 - Overview of Duties In addition to the specific duties set forth as follows, every officer shall exercise the powers and duties and have the responsibilities set out in the applicable Department Standard Operating Guidelines and Standard Operating Procedures.

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A. The Department Chief shall:

1. Serve as the highest-ranking officer in the Cromwell Fire Department.

2. Plan, organize, direct and coordinate all operations, functions and

activities of the Department.

3. Prepare and present the annual budget to the Board of Fire Commissioners for approval.

4. Develop and maintain good working relationships with both the

volunteer work force and career personnel.

5. Work under the general guidance and direction of the Board of Commissioners.

6. Direct and administer the Department operations and personnel

with assistance from subordinate officers.

B. The Department Deputy Chief and Assistant Chief, in that order, shall:

1. Assist the Department Chief in the discharge of the Department

Chief’s stated duties.

2. Perform the stated duties of the Department Chief in the Department Chief’s absence or incapacity.

3. Perform any other duties designated by the Department Chief.

C. Except as otherwise provided in these By-Laws, the Chiefs from time-to-time may appoint and remove with or without cause Department members to such non-officer positions and for such terms as are established from time-to-time in the Department Standard Operating Guidelines and Standard Operating Policies. The Chiefs are authorized to fill any vacancy in any such position occurring by removal, resignation or other cause.

D. The Department Captains shall:

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1. Assume command during both emergency and non-emergency situations unless relieved by or turned over to a higher ranking officer.

2. Manage and supervise all activities related to their individual station.

3. Carry out any orders of the Department Chief or, in the event of a vacancy in all three chief positions, the Board of Commissioners.

4. Enforce and adhere to these By-Laws and the Department Standard

Operating Guidelines and Standard Operating Procedures related to Fire and EMS operations.

5. Prepare a Captain’s report at Department Officers’ meetings.

6. Perform any other duties designated by the Chiefs.

E. The Department Lieutenants shall:

1. Assume command during both emergency and non-emergency

situations unless relieved by or turned over to a higher ranking officer.

2. Manage and supervise all activities related to their individual unit.

3. Enforce and adhere to these By-Laws and the Department Standard Operating Guidelines and Standard Operating Procedures related to Fire and EMS operations.

4. Perform any other duties designated by the Chiefs or Captains.

F. The Department Secretary shall:

1. Keep a record of all meetings of the Department and its officers,

which records shall comply with the applicable provisions of the Freedom of Information Act, Chapter 14 of the Connecticut General Statutes, as amended from time to time.

2. Call a roll of all members at regular and special monthly meetings and to record all absences.

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3. Notify each applicant accepted to membership.

4. Perform any other secretarial duties as designated by the Department Chief.

5. Read all correspondence to come before the meeting.

G. The Department Treasurer shall:

1. Collect all dues and other monies due to the Department giving proper receipt when requested or desirable.

2. Keep a regular account of all money received and paid out.

3. Pay out monies on the order of the Department in accordance with these By-Laws.

4. Create and manage the funds of the Department as established

pursuant to these By-Laws, for which the Department Treasurer acts as custodian or trustee, and invest the monies therein.

5. Give a monthly report of account balances.

6. Submit books and official documents to the examination of the

District Auditors at least once a year at the end of the fiscal year, and at such other times as are determined by the Oversight Committee.

7. Work with the Oversight Committee to annually develop a budget

for the following fiscal year.

8. Perform any other financially related duties designated by the Department Chief.

9. Submit a copy of the monthly department finance report to the

District Treasure Section 5 – Appointment of Officers; Procedure

A. Except as provided below, only an active or active reserve member may be appointed to a Department officer’s position. Eligibility is determined at prior to the respective Annual Meeting of the Department at which appointments are made for such positions.

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B. If an active reserve member is appointed to a Department officer’s position, such

member will automatically be returned to active member status and is subject to the duty obligations thereof.

C. All Officers, other then the department chiefs are appointed for a two (2) year term

through the selection process as stated in the relevant Standard Operating Guideline. D. The Department Chief shall be appointed by the Board of Commissioners. The

Department Chief shall be properly qualified for the duties of his or her office and shall be removed at any time for any reason by action of the Board of Commissioners. The Department Chief shall receive such compensation as provided for by the Board of Commissioners. The Department Chief does not have to be an active or an active reserve member at the time of his or her appointment. The Board of Commissioners shall evaluate the performance of the Department Chief on an annual basis.

E. The Deputy Chief and the Assistant Chiefs shall be appointed for a two (2) year term

by the Board of Commissioners in accordance with the By-Laws and Rules of Procedure of the Cromwell Fire District Board of Commissioners. Said appointment shall follow the election of the Board officers at a special meeting held directly following the Annual District meeting for the election of Board members. The selection of the Deputy Chief and the Assistant Chiefs shall be made in accordance with the procedures as adopted by the Personnel Committee of the Board of Commissioners. The Deputy Chief and the Assistant Chiefs shall be properly qualified for the duties of their office and may be removed at any time for any reason by action of the Board of Commissioners. The Deputy Chief and the Assistant Chiefs shall receive such compensation as provided for by the Board of Commissioners. The Deputy Chief and the Assistant Chiefs have to be active or active reserve members of the Department at the time of their appointment. The Board of Commissioners shall evaluate the performance of the Deputy Chief and the Assistant Chiefs on an annual basis.

F. The Department Training Officer and the EMS Training Officer will be appointed

from the active members by the Chiefs at the Department Annual Meeting for a term of two (2) years.

Section 6 – Removal of Officers

A. The Board of Commissioners may remove any Chief from office for abuse of authority, misconduct in office, actions unbecoming of an officer, or any other lawful reason.

B. Any member appointed to a defined office may be removed from office for abuse of authority, misconduct in office, actions unbecoming of an officer, or any other lawful reason.

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C. Immediately upon removal from office, the officer shall present to the Department

Chief any and all Department property with respect to such office, including vehicle plate and badge.

D. Any disciplinary charges must be submitted in writing to the Department Chief and signed by the member bringing the charges.

E. Such written charges shall be presented to the Officers at a regular monthly Officers’

meeting or special meeting. The charged officer shall be given an opportunity to respond and present evidence in their defense at the same regular Officers’ meeting or special meeting. The matter shall be tabled for a minimum of one month. At the subsequent Officers’ monthly or special meeting, the charged officer shall be removed upon a 2/3 majority vote of the Officers.

F. Any Department officer appointed by the Chiefs may be removed by the Chiefs, with or without cause.

ARTICLE V – MEETINGS

Section 1 – Parliamentary Authority Robert’s Rules of Order shall be followed at all Department meetings. Section 2 - Regular Department Monthly Meetings

A. Regular monthly meetings of the Department shall be held on the first Monday of each calendar month at 7:00 P.M. for the transaction of such business as may be required or as may properly come before the meeting.

B. If the first Monday of any month is a holiday, the regular monthly meeting of the

Department shall be held the next immediately following Monday.

C. The following shall be the order of business at regular monthly meetings of the Department:

1. Salute to the national colors

2. Moment of meditation for deceased members

3. Secretary’s report

4. Treasurer’s report

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5. Chief’s Report

a. EMS Report

b. Auxiliary Report

c. Mechanic’s Report

d. District Report

6. Committee

a. Reports

b. Appointing / Disbanding of Committees

7. Presentation of bills and action on same

8. Correspondence

9. Application for membership

10. Appointment of officers

11. Old business

12. New business

13. Points to the good of the order

14. Roll call of all members

15. Adjournment

D. At the February and August meetings of the Department, the Department officers shall present the names of those members who have been delinquent in meeting their obligations with respect to attendance at fires, emergencies, EMS calls, drills and meetings.

Section 3 - Annual Department Meeting

A. The Annual Meeting of the Department shall be held on the first Monday of January, provided that if such first Monday of January is a holiday, the Annual Meeting shall be held on the Monday next following.

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B. The Annual Meeting shall be held for:

1. The transaction of such business as may be required or as may properly come before the meeting

2. The appointment of officers Section 4 - Special Department Meetings Special meetings of the Department may be called at any time by the Department Chief, or a quorum of the membership. Membership shall be notified via radio tone activated message, telephone, mail, electronic mail, or other means sufficient to notify the membership, at least twenty-four (24) hours in advance. Section 5 - Officers’ Meetings

A. A regular monthly meeting of the Department officers shall be held at a time and on a date to be determined by the Department officers, which date shall be within the ten (10) day period preceding the respective regular meeting of the Department, for the transaction of such business as may be required or as may properly come before the meeting. If the date determined by Department officers for any such regular monthly meeting is a holiday, such meeting shall be held the next immediately following business day.

B. Special meetings of the Department officers may be called at any time by the Department Chief, or a quorum of the Department officers, defined as one-third (1/3) of the line and non-line officers.

C. The notice, conduct and record of all regularly scheduled meetings of the Department

shall conform to the applicable provisions of the Freedom of Information Act, Chapter 14 of the Connecticut General Statutes, as amended from time to time.

Section 6 - Quorum For any regular or special meeting of the Department, one-third (1/3) of the department membership shall constitute a quorum, duly empowered to transact business. Section 7 – Voting

A. The terms “approved by a majority vote of the Department” and “approved by a two-thirds (2/3) majority vote of the Department” (or terms of like import) as used in these By-Laws shall mean a majority or two-thirds (2/3) vote by the members in attendance at

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a regular monthly meeting or special meeting of the Department, unless otherwise stated in these By-Laws.

B. The terms “approved by a majority vote of the Department officers” and “approved by a

two-thirds (2/3) majority vote of the Department officers” (or terms of like import) as used in these By-Laws shall mean a majority or two-thirds (2/3) vote, respectively, of the Department officers at a regular monthly meeting or special meeting of the Department officers, unless otherwise stated in these By-Laws.

C. The following members have no vote casting privileges at Department meetings:

probationary members, members on leave of absence, honorary members, and any members suspended from duty for disciplinary reasons.

ARTICLE VI - COMMITTEES

Section 1 – Overview of Committees

A. The standing committees, appointed annually in February by the Chiefs, shall be:

1. Oversight

2. Ways and Means

3. Sick

4. Hardship Investigating

5. House

6. Uniform

7. By-laws

8. Equipment & Supplies

9. Membership

10. Community Services

B. All chairpersons of fund raising committees must be twenty-one years of age or older and an active or active reserve member in good standing.

C. Temporary committees needed to perform any Department approved function shall be requested by the Chiefs and appointed by a majority vote of the Department members.

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Section 2 – Committee Mission Statements

A. The Department Oversight Committee shall:

1. Work with the Department Treasurer to develop an annual budget for the following fiscal year.

2. At the end of each fiscal year quarter (September 30, December

31, March 31 and June 30) review with the Treasurer the actual receipts and expenditures in comparison to budgeted amounts, and make a report and any recommendations with regard to such findings to the regular monthly meeting of the Department next following such review.

B. The Department Ways and Means Committee shall devise means of raising money for all

Department activities.

C. The Department Sick Committee shall:

1. Visit all members who may be confined.

2. Make the proper presentation on behalf of the Department.

D. The Department Hardship Investigating Committee shall consist of the Department Chief, Deputy Chief, and Assistant Chiefs.

1. Will investigate the circumstances of a Department member’s injury, illness, or misfortune.

2. Make such recommendations and take such actions regarding the distribution of monies from the Hardship Benefits Fund.

E. The Department House Committee shall:

1. Procure supplies and equipment necessary for the clubroom and kitchen.

2. Hold general supervision over activities therein, subject to the

approval of the officers.

F. The Department Uniform Committee shall carry out the ordering and delivery of all uniform items, including station uniforms and turnout gear

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G. The Department By-Laws Committee shall submit comments in writing on any alterations or amendments to these By-Laws to the regular meeting at which such alterations or amendments are to be voted on by the Department.

H. The Equipment and Supplies Committee shall maintain and monitor inventories of all Department equipment and supplies.

I. The Membership Committee shall devise community campaigns to recruit and retain members.

J. The Community Services Committee shall:

1. Arrange for and conduct public education programs.

2. Coordinate public service projects that strengthen the Department’s civic ties to the surrounding community.

ARTICLE VII - AMENDMENTS TO THE BY-LAWS; BY-LAWS NOT TO BE

SUSPENDED; EFFECTIVE DATE

Section 1 - Amendment Process These By-Laws shall only be amended by vote of the Board of Commissioners, which may act on such amendments at its own initiative and shall consider such amendments as are proposed by members of the Department. The Department may submit to the Board of Commissioners a proposed amendment to these By-Laws in accordance with the following procedure:

A. A proposed amendment may be presented in writing, signed, and dated by an active, active reserve, auxiliary, associate or life member of the Department to the Department’s By-Laws Committee for review and comment. The By-Laws Committee shall present such proposed amendment, together with its written comments thereon, to the next regular monthly meeting of the Department following receipt of such proposed amendment.

B. At such monthly meeting of the Department, the proposed amendment shall be read,

discussed and then tabled until the next regular monthly meeting.

C. Copies of the proposed amendment must be made available for members to review.

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D. At the next regular monthly meeting, the tabled amendment may be tabled further, approved by a two-thirds (2/3) majority vote of the eligible voting members in attendance by written ballot or defeated.

E. Proposed amendments approved by the Department shall be submitted by the Department Chief, accompanied with the Department Chief’s recommendation as to approval or disapproval, to the Board of Commissioners for its consideration.

Section 2 – Effective Date These By-Laws shall become effective on October 5, 2010 and shall supersede the existing Constitution and By-Laws of the Department. Amendments to these By-Laws shall be effective on adoption by the Board of Commissioners, or as otherwise specified by the Board. ARTICLE VIII - EXPENDITURES, RECEIPTS, TRUST AND ACTIVITY FUNDS,

AND ANNUAL ACCOUNTING

Section 1 – Expenditures

A. All monies of the Cromwell Fire District appropriated to the Department, through the annual budget or by special appropriation, shall be expended for the purposes specified therein and no other.

B. All expenditure requests shall be handled as followed:

1. The Department Treasurer shall submit all expenditure requests to the Department Chief for review and approval, accompanied by such invoices or other supporting documentation as requested by the Department Chief.

2. Following such review and approval, the Department Chief shall prepare a purchase order or other disbursement request and submit the same to the District's Director of Finance, accompanied by such invoices or other supporting documentation as requested by the Director of Finance.

3. The Director of Finance shall cause to be prepared such checks or

other disbursements as are required to meet the Department's obligations, subject to the limitations of appropriated funds therefore, and shall submit any such checks to an authorized member of the Board of Commissioners for signature.

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C. Trust and Activity Funds

1. All monies held in the funds established pursuant to this Article shall be applied only to such purposes as designated therefore, and shall be applied to such purposes only as approved by a majority vote of the members of the Department during the approval of the Department’s annual budget in April of each year. These funds shall be used for operational purposes, such as payroll, for the maintenance of Department equipment and facilities, and training and programming.

2. With respect to disbursements from funds for which the District

Treasurer acts as custodian or trustee, the procedure set out in this article shall be followed. With respect to disbursements from funds for which the Department Treasurer acts as custodian or trustee, disbursements shall be made by the Department Treasurer following approval by the Department Chief.

D. De Minimis and Emergency Expenditures

1. Notwithstanding the preceding provisions of this Section, the

Department Chief is authorized, subject to the availability of funds, to expend or obligate the expenditure of monies from the following sources without further authorization of the Department members for the following purposes:

a. From the "Cromwell Fire District Fire Department Trust Fund" for administrative expenses of the Department not in excess of such amount as is approved from time-to-time by a majority vote of the Department.

b. From the "Cromwell Fire District Fire Department Trust Fund" for emergency call supplies for Department members and other responders to an emergency call, without dollar limitation per occasion.

c. From the "Cromwell Fire District Fire Department Volunteer Activity Fund" for membership activities not in excess of such amount as is approved from time-to-time by a majority vote of the Department.

E. The Department Chief shall make a monthly report of all such expenditures or

obligations to the Department Treasurer.

F. In the case of the absence or incapacity of the Department Chief, the powers and duties of the Department Chief set out in the preceding sections of this Article shall be performed

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by the Deputy Chief, Assistant Chief-Fire Operations or Assistant Chief-EMS Operations, in that order.

Section 2 - Receipts

A. Operating Receipts

1. All monies received by the Department from any source whatsoever as a result of its operations (e.g., receipts from direct charges, including cost reimbursement, to the recipients of services provided by the Department and reimbursement from the State of Connecticut for highway calls) shall be remitted promptly to the Department Treasurer.

2. The Department Treasurer shall promptly remit the same to the District Finance Director for deposit into the appropriate District fund.

B. Fund Drive Receipts, Donations, Memorials and Contributions

1. All monies received by the Department by gift (e.g., receipts from

fund drives for the benefit of Departmental or membership operations and activities, and other donations, memorials and contributions, including voluntary contributions received from recipients of services provided by the Department) from any source whatsoever, shall be remitted promptly to the Department Treasurer.

2. The Department Treasurer shall cause such monies to be deposited in the appropriate fund and shall make a monthly accounting of such receipts and deposits to the District Finance Director.

Section 3 – Establishment of Various Funds

A. Fire Department Trust Fund.

1. The District Treasurer shall establish and act as custodian of a trust fund to be known as the "Cromwell Fire District Fire Department Trust Fund".

2. The following shall be deposited into this fund:

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a. All receipts from the Annual Fund Drive for the benefit of the operations and activities of the Department.

b. Unrestricted gifts, contributions, donations or memorials

for the general benefit and support of the Department's operations and activities.

c. Monies received from members for their share of the cost

of dress uniforms.

3. Earnings on monies held in the Fund shall accrue to the Fund.

4. Monies held in the Fund (including investment earnings) may be applied from time-to-time for any one or more of the following purposes:

a. General expenses of the Department, such as administrative

costs, dues and subscriptions, not funded from the District's annual budget.

b. Acquisition of rolling stock, equipment and furnishings for use by the Department.

c. Acquisition of dress uniforms.

d. Contributions to the "Cromwell Fire District Fire

Department Hardship Benefits Fund" established pursuant to these By-Laws.

e. Transfers to the Cromwell Fire Department Volunteer

Activity Fund in support of purposes permitted to be funded by such fund, the purpose and amount of such transfer to be approved by a majority vote of the Department.

f. Costs of fire prevention training programs.

g. Expenditures incurred by the Department Chief, in his

capacity as Chief Executive Officer, for the betterment of the Department.

h. Such other Departmental operations or activities as are

determined by a majority vote of the Department and approved by the Department Chief.

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B. Fire Department Volunteer Activity Fund

1. The Department Treasurer shall establish and act as custodian of an agency fund to be known as the "Cromwell Fire District Fire Department Volunteer Activity Fund".

2. The following shall be deposited into this fund:

a. Receipts from members’ dues, if any.

b. From activities conducted by the membership which do not constitute services provided by the Department

c. From membership functions (e.g. the Annual Banquet)

3. Earnings on monies held in the Fund shall accrue to the Fund.

4. Monies held in the Fund (including investment earnings) may be

applied from time-to-time for any one or more of the following purposes:

a. Acquisition of personal issue items to be used by members.

a. Costs of member functions such as the Annual Banquet.

b. Membership drive costs and incentives.

c. Expenditures incurred by the Department Chief in his

capacity as Chief Executor Officer, for the betterment of the Department.

d. Such other membership operations or activities as are

determined by a majority vote of the Department and approved by the Department Chief.

C. Additional Trust Funds

1. The District Treasurer may establish and act as trustee of such trust funds for the benefit of the membership and activities of the Department as are necessary or desirable to accomplish the purposes set out in such restricted memorials and other donations as are received by the Department from time-to-time.

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2. The District Treasurer may establish guidelines for the acceptance of restricted memorials or donations to be held in trust for the benefit of the Department, and may provide that restricted memorials or donations under a set dollar amount will not be accepted, and that memorials or donations under such dollar limitation must be unrestricted as to the Departmental purposes for which such monies may be used by the Department.

3. Earnings on monies held in such trust funds shall accrue to the

respective fund, unless otherwise designated by the donor.

4. Monies held in a fund (including investment earnings to be held therein) shall be applied from time-to-time in accordance with the purposes set out in the respective memorial or donation.

D. Hardship Benefits Fund

1. The District Treasurer shall establish and act as custodian of a trust fund to be known as the "Cromwell Fire District Fire Department Hardship Benefits Fund", and shall deposit therein any monies so designated by vote of the members of the Department.

2. Earnings on monies held in the Fund shall accrue to the Fund.

3. The maximum allowable balance in the Hardship Benefits Fund

shall be Seventy Five Thousand Dollars ($75,000.00). In the event that the fund is at its maximum allowable balance, the earnings that accrue shall be transferred to the Fire Department Trust Fund.

4. Such funds shall be used for the following purposes:

a. For any Department member (other than an honorary

member) who sustains an injury while engaged in firefighting, an emergency, on ambulance duty or a drill, may receive benefits as outlined and in accordance with these procedures.

i. The Hardship Investigating Committee, upon initial investigation, is authorized to grant a payment from the Hardship Benefits Fund not in excess of $300.00 per week, retroactive to the first of the month, as it deems appropriate, to any Department member (other than an honorary member) sustaining an injury or to any such member's spouse

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and/or dependent children, without the approval of the Department membership.

ii. A written report of the circumstances supporting the

Committee's determination to grant such payments is to be presented at the next monthly meeting or special meeting of the Department.

iii. Such weekly payments shall continue until the earliest of such member's recovery from such injury or the Committee's determination to suspend payments.

iv. If approved, the Department shall make weekly payments from the Hardship Benefits Fund in an amount sufficient, together with payments from workers' compensation or other supplemental insurance, such that the net weekly salary or wages such Department member receives shall not exceed the average net weekly salary or wages of such member for the two months' preceding such injury.

v. The Hardship Investigating Committee shall submit

all requests for disbursement from the Hardship Benefits Fund to the Department Chief for review and approval, accompanied by such invoices or other supporting documentation as requested by the Department Chief.

vi. Following such review and approval, the

Department Chief shall prepare a purchase order or other disbursement request and submit the same to the District's Director of Finance, accompanied by such invoices or other supporting documentation as requested by the Director of Finance. The Director of Finance shall submit the same to the District Treasurer for approval.

vii. Upon approval of the District Treasurer, the

Director of Finance shall cause to be prepared such checks or other disbursements as are required to meet the Department's obligations, subject to the limitations of funds therefore, and shall submit any such checks to an authorized member of the Board of Commissioners for signature.

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viii. The decision of the Worker’s Compensation Commission to approve or deny a claim by a Department member shall have no bearing on the Hardship Investigating Committee’s decision to make or suspend payments from the Hardship Benefits Fund.

b. For any Department member (other than an honorary member) or to any such member’s spouse and/or dependent children, who in the opinion of the Hardship Investigating Committee are in need of emergency financial assistance:

i. A two-thirds (2/3) majority vote of the Department

is required.

ii. The benefits may not exceed $200.00 per week or $1,500.00 in any twelve month period.

iii. Benefits shall terminate after a one-year period or

such earlier date as is determined by a two-thirds (2/3) majority vote of members of the Department.

iv. Benefits shall cease at an earlier date if total

available funds in the Hardship Benefits Fund are, in the opinion of the Department, as approved at a regular or special meeting, depleted to the point that obligations may not be met.

v. The Department Chief is authorized without further

authorization from the Department to expend or obligate the expenditure of monies from the Hardship Benefits Fund for the benefit of any Department member (other than an honorary member), or of any such member's spouse and/or dependent children, who in the opinion of the Department Chief is in need of emergency financial assistance, not in excess of such amount as is approved by majority vote of Department members.

vi. Any benefits provided under Section 4(b) shall be

construed as a short-term interest free loan, to be repaid within twenty four (24) months or upon the member’s voluntary or involuntary termination from the Department, whichever occurs first. The

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Department reserves the right to determine, in their sole discretion, whether said loan shall be forgiven.

c. The Hardship Investigating Committee is authorized

without further authorization from the Department to expend or obligate the expenditure of monies from the Hardship Benefits Fund, in accordance with the Department Standard Operating Guidelines and Standard Operating Procedures regarding illness of Department members or death of a Department member or a member’s immediate family, defined as a parent, child, spouse, or sibling.

i. The benefits may not exceed $200.00 per week or $1,500.00 in any twelve month period.

ii. Any benefits provided under Section 4(c) shall be construed as a short-term interest free loan, to be repaid within twenty-four (24) months or upon the member’s voluntary or involuntary termination from the Department, whichever occurs first.

5. Unless otherwise terminated pursuant to the foregoing provisions

of this Article, payments will be paid by the Department as long as such funds are available, provided that any such payments shall terminate if the recipient member is no longer a member of either the Department. Any previous action of the Department or any of its members shall not constitute a precedent in these matters.

6. The Hardship Investigating Committee shall make a written

monthly report of all such expenditures to the District Treasurer.

7. The Department Chief shall make a written monthly report of all expenditures or obligations entered into to the District Treasurer, and the Department Treasurer.

Section 4 – Annual Accounting

A. Annually, not later than forty-five days after the close of the District's fiscal year, the Department Treasurer shall provide the District Treasurer with a complete accounting with respect to such of the funds established pursuant to these By-Laws for which the Department Treasurer acts as custodian or trustee.

B. All accounts and financial records of the Department shall be subject to independent audit at the direction of the Board of Commissioners.

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