[HISTORY: Adopted by the Board of Trustees of the Village
of Avon 9-21-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
A.
The Village of Avon Fire Department is maintained and operated by
the Village of Avon. The Village is responsible to purchase and maintain
all materials and equipment necessary to operate the Fire Department,
subject to budgetary and constitutional limitations.
B.
The Village of Avon shall contract, on an annual basis, with fire
companies to provide the necessary personnel to staff the Fire Department.
There are certain areas within the day-to-day operation of the
Village Fire Department that the Village Board finds will best be
served by a committee of Village Fire Department officers to monitor.
With the understanding that the operation of the Village Fire Department
is an extremely vital part of the Village and believing that a dedicated
committee of Village Fire Department officers would be of benefit
to the Village and the Fire Department, the Village Board will correspond
with the Fire Department officers to deal with the present concerns
of the Avon Fire Department. The Committee of Officers will work with
the Village Board to deal with present issues and needs of the Fire
Department and to keep the Fire Department running in a most efficient
manner.
A.
Membership.
(1)
The Fire Department Officers Committee shall be comprised of the
elected Fire Department line officers and one representative from
the Village Board as follows:
(a)
One Fire Chief.
(b)
Two Assistant Fire Chiefs.
(c)
Two Captains (one from each company).
(d)
Four Lieutenants (two from each company).
(e)
One representative from the Village Board (appointed by Mayor).
(f)
Training Officer (appointed by Chief).
(g)
Maintenance Officer (appointed by Chief).
(h)
Medical Officer (appointed by Chief).
(i)
Recording Officer (appointed by Chief).
B.
Duties. The purpose of the Fire Department Officers Committee is
to assist the Fire Department and the Village Board of Trustees in
the day-to-day operations of the Fire Department.
C.
Meetings. The Fire Department Officers Committee shall meet at least
monthly.
D.
Fire Department Planning Committee. The Village Board realizes the
operation of the Fire Department is an activity that requires a great
deal of time and dedication from the elected line officers. Therefore,
it is believed a Fire Department Planning Committee would benefit
the Village Board and the Fire Department to focus on planning future
needs of the Fire Department. This Committee shall be given no legal
power, acting as an advisory committee only. The Village Board hereby
establishes a Planning Committee to deal with the future needs of
the Fire Department.
E.
Membership. The Fire Department Planning Committee shall be comprised
of seven members as follows:
(1)
Two company members from the Van Zandt Hose Company elected within
the company.
(2)
Two company members from the Pumper Company elected within the company.
(3)
Two Fire Department line officers appointed by the Fire Chief (Chief
may appoint himself or herself).
(4)
One Village Board representative (appointed by the Mayor).
(5)
One recording secretary.
F.
Duties. The purpose of the Fire Department Planning Committee is
to assist the Fire Department and Board of Trustees in the long-term
planning concerning the future needs of the Avon Fire Department.
Duties of the Committee will include, but are not limited to the following:
G.
Meetings. The companies will elect their representatives at the company
meeting in December. The Village Board representative will convene
the committee in January to discuss meeting dates. The Committee is
mandated to meet once per quarter, or as may be necessary. (Note:
Two line officers or the Village Board representative may call a meeting
on an as-needed basis.)
A.
Residency requirements.
(1)
Members must meet the residence requirements as specified in New
York State Village Law (§ 10-1006) or as otherwise provided
in New York State Village Law and as amended.
C.
Company membership.
(1)
A person must first gain membership, by majority vote, in an active
fire company of the Village of Avon Fire Department prior to making
application join the Village of Avon Fire Department. Any member who
ceases to be a member of an active company will automatically be removed
from the Fire Department.
D.
Application to join Fire Department.
(1)
An applicant must apply to the Village Board of Trustees for membership
in the Fire Department.
E.
Investigation.
(1)
A routine police investigation and arson background check of all
prospective members is required. The results of this investigation
are to be considered by the Village Board of Trustees when deciding
upon the acceptability of a prospective member.
(2)
All prospective members shall execute a release authorizing the Avon
Village Police or such other law enforcement agency designated by
the Village Board of Trustees to conduct an investigation of the prospective
member and to report the results of the investigation to the Village
Board of Trustees.
F.
Board of Trustees decision.
(1)
The Village Board of Trustees will make its decision on the acceptance
of the applicant within 30 days and provide written notice to the
applicant, fire company and Fire Department.
G.
Probationary periods.
(1)
All new members and all members designated by the Village Board of
Trustees shall be on probation for six months. If, upon recommendation
to the Village Board of Trustees, the member has not shown sufficient
effort, skill, or diligence the membership may be terminated at this
time. At the end of the six months, the Village Board of Trustees
shall vote to declare a person's membership active or to terminate
a person's membership. During the probationary period, any new member
must complete the Firefighter I or equivalent basic curriculum course
within one year or as soon as the course is offered. The Village Board
of Trustees may, at its discretion, grant an extension of the probationary
period for an additional six months.
(2)
If, after the probationary period, a member is notified that his
or her membership is being terminated, that person shall have the
right to a hearing before the Village Board of Trustees within 30
days of the written notice.
H.
Active status.
(1)
Members of the Village Board of Trustees must change a person's membership
from probationary to active. The determination of whether the applicant
has successfully completed the probationary period shall be in the
sole discretion of the Village Board.
(2)
Members must attend eight drills in a calendar year.
(3)
Members must have an annual firefighter physical and fit test.
(4)
Members must complete Firefighter I; or scene support; or equivalents.
I.
Disciplinary action.
(1)
A line officer or a member of the Village Board of Trustees may file
a written complaint with the Village Board of Trustees requesting
disciplinary action against a member of the Fire Department.
(2)
Within 30 days of receiving a complaint, the Village Board of Trustees
will review the complaint, and if it decides that the complaint warrants
further action, then the following procedure will be followed:
(a)
The Village Board of Trustees shall notify, via certified mail,
not less than 10 business days prior to the meeting, the member against
whom the complaint was filed that a complaint has been filed and that
a meeting of the Village Board of Trustees shall take place to consider
disciplinary action, including termination. A copy of the complaint
shall be included with the notice to the member and a statement that
the member will have the right to be heard at this meeting. The time
and place of the meeting will be specified in the notice to the member.
The Village Board of Trustees will give written notice of its decision,
within 30 business days of the meeting, to the member against whom
the complaint was filed, the Fire Chief and company presidents.
(3)
The Village Board or the Fire Chief, if deemed necessary for the
efficient and safe operation of the Fire Department, may temporarily
suspend the duties of a Fire Department member. This will be reviewed
by the Village Board of Trustees at its next regularly scheduled meeting
in executive session.
(4)
The Fire Chief, if deemed necessary for the efficient and safe operation
of the Fire Department, may temporarily terminate the duties of a
Fire Department member. This will be reviewed by the Village Board
of Trustees at its next regularly scheduled meeting in executive session.
A.
Chief.
(1)
Shall perform such duties and powers as set forth in New York State
Village Law § 10-1018 and as amended.
(2)
Shall delegate duties as deemed necessary for the efficient operation
of the Fire Department.
(3)
The Chief shall be elected by the Fire Department membership at large.
The Chief shall also communicate to the Village Board of Trustees
on the Department status once a month.
B.
Assistant Chiefs, Captains and Lieutenants.
(1)
It shall be the duty of the Assistant Chiefs, Captains and Lieutenants
to assist the Chief at all times and to perform the duties of the
Chief in absence of the Chief according to their rank.
(2)
One Captain and two Lieutenants shall be elected from each company.
(3)
Assistant Chiefs shall be elected by the Fire Department membership
at large.
C.
The Fire Department shall offer a minimum of eight drills per year:
six Monday night drills and two weekend drills. [Moved from § 69-3H(5).]
Term of office:
A.
All officer positions are elected positions with one-year terms starting May 1. If, on May 1, an office has not been filled, the current officeholder shall continue in office until a determination is made according to the election exemption procedure as specified in this chapter in § 69-9F(3)(b).
B.
If an office becomes vacant during a term of office, the position shall be filled by conducting a special election. Where there is more than one officer at the next level, such as the First and Second Lieutenants, the higher position shall be filled by the next level officer with the most seniority in that position, counting all years served in that position. At the level of Captains, a vacancy would be filled by the First Lieutenant with the most seniority in that position, counting all years served in that position. A vacant Second Lieutenant position would be filled by a special election. If the members have the same number of years in the position, then the member with the most years of service in the Fire Department will move to the higher position. The elevation to fill a vacancy shall continue until all positions have been filled. This elevation will create a vacancy at the Second Lieutenant's position, pending a special election and shall be filled in accordance with fire companies' bylaws. If the position cannot be filled by a special election, refer to § 69-9F(3)(b).
C.
There shall be one Department Fire Chief, two Department Assistant
Fire Chiefs (First and Second), one company Fire Captain for each
company and two company fire Lieutenants (First and Second) for each
company.
D.
Nonline officers shall be one Department President, one Department
Vice President, one Department Treasurer and one Secretary.
E.
President, Vice President, Secretary and Treasurer positions must
held by a nonprobationary member.
General qualifications.
A.
All line officers must live within a three-mile radius of the Village
Fire Hall or live in the Town of Avon.
B.
No firefighter may hold a line officer position unless he or she
has been an active member of the Avon Fire Department for two years
or more prior to the election.
C.
No person may hold or run for more than one Fire Department office
at the same time.
D.
No firefighter may hold a line officer's position unless he or she
has been deemed an interior qualified firefighter, according to the
physical standards set forth by the Avon Fire Department.
A.
Lieutenant (First and Second).
(1)
Must be an active firefighter (as defined in this chapter) for two
years.
(2)
Training 2000 basic curriculum, or equivalent.
(3)
Incident command system, or equivalent.
(4)
Commanding initial response, or equivalent.
(5)
Training 2000 intermediate curriculum, or equivalent.
(6)
Completion of National Incident Management System (NIMS) 100, 200,
300, and 700.
B.
Captain.
(1)
Must have been an elected line officer for at least one year within
the past five years.
(2)
Training 2000 advanced curriculum, or equivalent.
(3)
Completed NYS pump operator's course, or equivalent.
(4)
Ladder company operations, or equivalent.
(5)
Completion of Completion of National Incident Management System (NIMS)
100, 200, 300, 700.
(6)
Must complete all courses required for Lieutenant.
C.
Assistant Fire Chief (First and Second).
(1)
Must complete all courses required for Captain and Lieutenant.
E.
Exemption of qualifications for officers.
(1)
The qualifications to hold an officer's position will not be fully
effective upon the enactment of this chapter. There will be a grace
period, as defined below, for these officers in order to provide sufficient
time for members to understand and take steps to meet the qualifications
for these offices. Fire Department officers must comply with course
requirements within one year of the enactment of this chapter, or
first available offering of the courses within Livingston County.
B.
Fire truck driver.
(1)
Must be an active member.
(2)
Must have a valid New York State Driver's License.
(3)
Must meet "qualified driver" definition as defined by the Village
insurance carrier. MVR will be checked before commencing upon initial
driving privileges. MVR will be reviewed annually. The final determination
of qualifications shall be made by the Avon Village Board of Trustees.
(4)
Provide proof of competency according to the standard operating procedures.
(5)
Course requirements for drivers: Training 2000 basic curriculum,
NYS pump operator's course and ladder operations course and EVOC course
(local Avon Fire Department driving training), or equivalent.
(6)
Final driving privileges must be approved by the Fire Department
line officers and the Village Board.
(7)
Driving privileges may be suspended at any time by Fire Department
line officers and the Village Board.
(8)
Revocation of driving privileges will be reviewed by the Fire Department
and the Village Board on an annual basis.
(9)
Complete National Incident Management System (NIMS) 100 and 700.
C.
President, Vice President, Secretary and Treasurer positions must
be a nonprobationary member.
A.
Election officials.
(1)
The Village Board of Trustees will officially run the general election
of the Fire Department to be held at the annual meeting of the Fire
Department, on the first Thursday following the first Tuesday of April.
The offices of Chief and Assistant Chiefs will be elected in this
election.
B.
Notification of election.
(1)
Ninety days prior to election, the Village Board of Trustees must
publish a calendar indicating the official dates pertinent to the
election. At a minimum, this calendar must include the following dates:
(a)
Sixty days prior to election: deadline for candidates submission
of petition to run for office.
(b)
Forty-five days prior to election: Village Board of Trustees
publication of list of tentative voters.
(c)
Forty-five days prior to election: Deadline for the Village
Board of Trustees to notify candidates of the acceptance or rejection
of their petition to run for office.
(d)
Thirty days prior to election: deadline for filing of alleged
discrepancies of tentative voters list with the Village Board of Trustees.
(e)
Thirty days prior to election: deadline for candidates to file
written appeal of rejection of their petition by the Village Board
of Trustees.
(f)
Thirty days prior to election: deadline to meet voter eligibility
requirements.
(g)
Fifteen days prior to election: Village Board of Trustees publication
of final voter list.
(h)
Fifteen days prior to election: Village Board of Trustees mails
or delivers ballots to all eligible voters.
(i)
Seven days prior to election: Village Board of Trustees places
ballot box in Village office for voting.
C.
Candidates for line officers.
(1)
Candidates for line officers must submit to the Village Board of
Trustees a petition stating the position for which they wish to be
a candidate. The petition must be submitted 60 calendar days prior
to the general election. The petition must include a statement outlining
the requirement of the office (specified in this chapter), including
length of time as an active member and required courses. The candidate
must indicate the dates that the required courses were completed.
(2)
Exception. If no petitions are received for an office by the required
deadline (60 calendar days prior to election), the Village Board of
Trustees, at its sole discretion, may extend the deadline for that
position. However, no extension of the deadline can be made if at
least one valid petition for an office has been filed by the original
sixty-calendar-day deadline.
(3)
The Village Board of Trustees will validate each petition by verifying
that the candidate meets all qualifications required for the office
as specified in this chapter. Each candidate must be notified in writing
of his or her acceptance or rejection, including reasons for rejection,
at least 45 calendar days prior to the election.
(4)
In the event that the petition of only one candidate is accepted by the Village Board of Trustees for each and every office subject to election, then § 69-9D, Voters, § 69-9E, Balloting, and § 69-9F, Election Results, except for § 69-9F(3)(b) Exception Procedure, shall not apply to such election and the Secretary of the Fire Department shall cast one vote for each candidate on the date of the annual election and each candidate shall be elected thereby.
D.
Voters.
(1)
To be eligible to vote in the election a person must be an active, nonprobationary member of the Fire Department. See § 69-3H.
(2)
Forty-five calendar days prior to the general election, the Village
Board of Trustees will prepare a tentative list of eligible voters.
The list will be sent to each company president and posted in two
prominent places in the Fire Hall. Any alleged discrepancies with
the tentative list should be directed in writing to the Village Board
of Trustees at least 30 days prior to the election.
(3)
Fifteen calendar days prior to the elections, the Village Board of
Trustees will review the tentative list of eligible voters and evaluate
all written notices of discrepancies received after publishing of
the tentative list. From this, the Village Board of Trustees will
prepare an official list of active members who are eligible to vote
in the election. This list becomes the official list of eligible voters.
Only those members on the list will be allowed to vote. The official
list of eligible voters will be sent to each company president and
posted in two prominent places in the Fire Hall.
E.
Balloting.
(1)
All balloting shall take place at the Village of Avon office and
Fire Hall.
(2)
The Village Board of Trustees will prepare an official ballot of
the election. The ballot should include the title of each office to
be filled and the names of the official candidates listed below each
office in alphabetical order. A check-off block should be placed after
each candidate's name with instructions printed indicating that a
checkmark should be placed in the block after the candidate's name
for which the voter wishes to cast his or her vote. If more than one
position is open for a given office, all candidates will be listed
in alphabetical order under the office title on the ballot and instructions
stated as to how many candidates a voter may cast votes for. In all
cases, a voter may only cast one vote per candidate.
(a)
The Village Board of Trustees will prepare one ballot for each
eligible voter. Each ballot will be individually stamped with the
official stamp of the Village Board of Trustees. Fifteen calendar
days prior to election, a ballot is to be sent certified mail or hand
delivered to each eligible voter. If a voter loses his or her ballot,
no replacement ballot will be issued.
(b)
Seven calendar days prior to the election, a locked ballot box
is to be placed in the Village office. Voters may place their ballots
in the box up until 8:00 p.m. in the evening of Election Day.
(c)
Voters may mail their ballots to the Village Board of Trustees
in care of the Avon Village office. The mailed ballots must be received
at the Village office no later than Election Day.
F.
Election results.
(1)
At the end of the voting period, the Village Board of Trustees will,
in the presence of the public, open the ballot box and count the ballots
to determine the official results of the election.
(2)
All ballots must contain the original stamp of the Village Board
of Trustees. No copies or other facsimiles will be accepted.
(3)
If, for any specific office, a checkmark is made for more candidates
than the number of open positions for an office, the votes for that
office on that ballot shall be considered void and not counted.
(a)
Tie votes. If there is a tie vote for any office or offices,
the secretary of the Village Board of Trustees will place the name
of the candidates receiving the tie vote in a container. A representative
of the Village Board of Trustees will blindly draw one or more names
to determine the winner(s).
(b)
Exception procedure. If for some reason a vacancy for a line
officer position cannot be filled through the election procedure,
the Fire Department line officers have the power to appoint anyone
to the position, with final approval of the Village Board. If possible,
they must appoint someone who has all of the specified requirements
of the position.
(c)
At this annual meeting, the companies shall file with the Village
Board of Trustees the results of the company elections for Captains
and Lieutenants along with a statement for each elected person showing
when the person met all of the requirements for the office.
(d)
The Village Board of Trustees will declare the results official
in the absence of a bona fide dispute. Notification in writing is
to be sent to all candidates and company presidents within seven calendar
days after the election.
G.
Final approval.
(1)
Within 21 days of the election, the Village Board of Trustees will
meet to approve the elected candidates or vacancies filled by the
appointment by the Village Board of Trustees.
(2)
If an elected candidate is not approved by the Village Board, then
a second election shall be held for that position(s) at a date set
by the Village Board, but not later than three months from the regular
annual election. If no candidate is elected or approved from the second
election, then the Village Board of Trustees shall nominate someone
at its discretion or decide to leave the position vacant.
In order to carry out the general Fire Department non-fire-related
business, the Fire Department will elect at its annual meeting a President,
Vice President, Secretary and Treasurer. These officers are not line
officers of the Fire Department; line officers may not hold any of
these positions. The specific duties of these officers include running
the monthly and special meetings of the Fire Department, controlling
the non-Village monies collected by the Fire Department and any other
non-fire-related duties decided upon by the Fire Department. The Village
Board of Trustees must give final approval to any use of Fire Department
equipment or facilities, which the Department wishes to use in a non-fire-related
activity.
A.
President. It shall be the duty of the President to preside at all meeting of the organization. The President shall call special meetings when in his/her judgment they are necessary in accordance with § 69-12; the President is to enforce the observance of the constitution and bylaws. The President shall submit a report at annual meeting and shall include therein such recommendation as he/she deems expedient for the welfare of the organization.
B.
Vice President. The Vice President shall assist the President in
the discharge of his/her duties and in the case of the President's
absence or disability or should office of President become vacant,
shall assume the duties of President.
C.
Treasurer. It shall be the duty of the Treasurer to collect and receive
all moneys due to the organization and to pay bills against the organization
when authorized. The Treasurer is to keep correct account of all receipts
and disbursements and submit his/her report to the organization. The
Treasurer shall make a report at each regular meeting, showing all
amounts received and expended and the date, purpose and payee for
all expenditures.
D.
Secretary. It shall be the duty of the Secretary to record all of
the proceedings of the meetings. The Secretary will be responsible
for notifying all members of meeting dates in writing. The Secretary
is responsible for all correspondence imposed on him/her by the organization
officers or officers of the Fire Department. He/she shall perform
such other duties as are incidental to his/her offices or may be imposed
on him/her by the organization or the Fire Department officers. He/shall
contact each member in writing for all Department meetings at least
10 business days prior to the scheduled meeting date.
The Fire Chief, Fire Department President or the Village Board
of Trustees may call special meetings and must send a notice of the
special meeting to all Fire Department members at least 10 business
days prior to the meeting stating the purpose, date, time and place
of the special meeting.
A.
The Village Board of Trustees may amend the foregoing rules and regulations
by local law and may add additional rules and regulations not inconsistent
with the foregoing rules and regulations by Board resolution.
B.
The Village Board of Trustees will appoint a committee to review
the Fire Department bylaws annually. The committee will consist of
two active Fire Department members from each company and one Village
Board representative.
