The Fire Department is comprised of a single fire company, "Horseheads Fire and Rescue Company, Inc." The Company shall have a member class and may also have a restricted firefighter membership classification. For the purposes of these rules and regulations, the term "member" shall include restricted firefighters. Restricted firefighters shall have no voting rights in the Department and may not serve as chief officers, line officers or executive officers. The membership of the Fire Department shall consist of those persons elected to membership pursuant to the bylaws of the 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 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 by the Board 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, without limitation, the submission of a detailed, sworn-to application for membership and applicant-authorized criminal- and vehicle-and-traffic-related background searches, arson and personal reference check. Any person elected to membership in the 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 Company but shall not enjoy any benefits accruing to a member of the Fire Department, 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 Fire Department. All such unapproved applicants shall, pursuant to the bylaws, be classified as a type of member different from any classification of membership that 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 § 26-4 above. The membership of any person so elected to the 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 Company upon the Village Manager and the Village Clerk, either personally, email or by mail.
A member, in accepting election and approval/appointment to the Company, assumes the duty and obligation to obey and support the bylaws and these Fire Department rules and regulations.
A. 
The bylaws of the Company and any amendments to same shall be subject to approval of the Village Board of Trustees by resolution duly adopted. No bylaws of the Company nor amendments thereto shall be deemed as effective in relation to the conduct and operations of the Company or 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, 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 Local Law 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. 
A copy of the rules and regulations of the Fire Department established hereunder and such approved bylaws of the Company, any approved amendments to the foregoing and any resolutions of the Village Board of Trustees duly adopted regarding the Fire Department shall be provided by the 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.
In addition to the above noted membership classification, the Department shall consist of the following additional classifications: social member, lifetime member, and honorary member.
A. 
Social member. The social membership of the Department shall consist of individuals desiring to remain in contact with the Department but are not interested in the rigorous requirements placed upon membership in other classifications. Social members may be invited to Department social events at the discretion of the chief officers or Board of Directors of the Company. Social members shall have no voting rights in the Company or Fire Department. They may attend monthly business meetings and other nonsocial functions of the Department at the invitation of the Chief, the Chief's designee, or the Board of Directors of the Company.
B. 
Lifetime member. An individual who served the Fire Department as a member may qualify for lifetime membership status. The individual must serve the Fire Department for 15 years or more and must be 50 years of age or older. An individual may apply for or be nominated for lifetime membership status, election to such status may only occur at a regular or special meeting of the membership of the Department and the affirmative vote a majority of the members of the Department. A lifetime member shall have of the rights and privileges of an active member so long as such member performs the duties and responsibilities of an active member provided that the lifetime member shall attend a minimum of six regular monthly or special meetings of the Company in the preceding 12 months. In the even a lifetime member wishes to be excused from such meetings due to work-, illness-, military-service- or fire-related activity such member must notify the Chief in advance of each such meeting and be granted and excuse.
C. 
Honorary member.
(1) 
An individual who, due to his/her actions and conduct on or for the membership of the Fire Department, may be granted honorary membership status in recognition for their special efforts. This status may be awarded at a special or regular meeting of the Department members by majority vote thereof. An honorary member shall have no rights or privileges nor duties and responsibilities of membership and shall have no voting rights.
(2) 
While the term "member" is used in describing the relationship of social members and honorary members of the Fire Department, individuals who hold this status are not considered members of the Fire Department for the purpose of these rules and regulations.
The members of the Department [excepting social members, lifetime members (who are not also active members), and honorary members] Company comprising the Department shall hold an annual meeting at such time, place and date as the line officers may direct.