The membership of the Fire Department shall consist of those
persons elected to membership pursuant to the bylaws of the Fire Company.
Such membership shall become effective only upon subsequently being
approved by resolution of the Board of Trustees. The Board of Trustees
may approve or disapprove of a membership applicant as a member of
the Fire Department based upon its own independent review and application
of any criteria established under the bylaws or otherwise as membership
criteria independently established by the Board of Trustees based
upon any legally permissible and fairly applied rationale and grounds
and established by resolution duly adopted from time to time. Any
person so approved shall be a member of the Fire Department. Such
criteria may include and mandate as a condition of application, and,
without limitation, the submission of a detailed, sworn to application
for membership, and applicant-authorized criminal- and vehicle-and
traffic-related background searches and personal reference checks.
Any person elected to membership in the Fire Company but not subsequently
approved as a member of the Fire Department by the Board of Trustees
may be permitted to continue such membership in the Fire Company but
shall not enjoy any benefits accruing to a member, may not participate
in any firematic or training activities or duties of the Fire Department,
and shall not be deemed a member of the Fire Department for and to
the extent such membership is necessary for entitlement to any such
benefits, entitlements, insurance coverages and the like provided
or available to duly appointed members of the Village Fire Department.
All such unapproved applicants shall pursuant to the bylaws be classified
as a type of member different from any classification of membership
duly appointed/approved members of the Fire Department shall be classified
as. All officers of the Fire Department shall be members and any reference
to "member" herein shall mean inclusive of officers.
Election to membership in the Fire Department shall be pursuant
to the bylaws. The membership of any person so elected to the Fire
Company shall become effective as a member of the Fire Department
only upon approval (appointment) by duly adopted resolution of the
Board of Trustees. Membership shall, however, be deemed to have been
approved pursuant to this section in the event that no action is taken
by the Board of Trustees, either approving or disapproving of such
appointment, within 40 days after the service of written notice of
election to membership shall have been made by the Secretary of the
Fire Department upon the Village Mayor and the Village Clerk, either
personally or by mail.
A member, in accepting election and approval/appointment to
the Fire Department, assumes the duty and obligation to obey and support
the bylaws and these Fire Department rules and regulations.
A.
The bylaws of the Fire Company comprising the Village of Minoa Fire
Department and any amendments to same shall be subject to approval
of the Village Board of Trustees by resolution duly adopted. No bylaws
of the Fire Company nor amendments thereto shall be deemed as effective
in relation to the conduct and operations of the Fire Department unless
and until such time as approved by the Village Board of Trustees.
The Board of Trustees may approve or disapprove of the bylaws and/or
any amendments to same in whole or in part, and in its sole discretion
based upon any rationally based and clearly articulated concern, including
such as that same may violate, by its language per se or in its potential
or actual application, any applicable laws, rules, regulations of
the federal, state, county or local governments, that as proposed
the language is ambiguous, vague, or otherwise unclear, that same
proposes policies or practices that while per se legal may be contrary
to the intent of the Village Board on such issue or that may, as explicitly
stated or in application or effect include or impose provisions or
policies contrary to this chapter, or to any other expression of Fire
Department policy clearly articulated by Village Board resolution,
and which policy may be so articulated in response to consideration
of the proposed objectionable provision.
B.
The Board of Trustees may, but is not obligated to, hold a public
hearing prior to consideration of the adoption of bylaws proposed
by the Fire Company. A copy of the rules and regulations of the Fire
Department established hereunder and such approved bylaws of the Fire
Company, any approved amendments to the foregoing and any resolutions
of the Village Board of Trustees duly adopted hereunder, shall be
provided by the Fire Company to each and every member of the Fire
Department as soon as practicable from the date hereof and to each
new member upon the commencement of his or her respective probationary
period. Every present member and prospective new member shall sign
and acknowledge the receipt of copies of the rules and regulations
and the bylaws. Reference herein to the "bylaws" shall mean only those
bylaws (and amendments or parts thereof) that have been approved by
the Village Board of Trustees. Any unapproved bylaws or provisions
purporting to amend same shall not be effective unless and until approved
by the Board of Trustees. Such Board approval of the bylaws and the
foregoing notwithstanding, in the event of any conflict or contradiction
between the provisions of the bylaws and the provisions hereof, the
provisions hereof shall control and prevail over those of the bylaws
and shall be deemed, for all intents and purposes, an amendment to
the bylaws.
