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HomeMy WebLinkAbout6.i. Approval of Fire Department Relief Association By-LawsROSEMOUNT VOLUNTEER FIRE DEPARTMENT ROSEMOUNT, MINNESOTA 55068 Date: February 29, .1988 To: The Rosemount City Council From: Jon D. Scott, Rosemount Firemen's Relief Association Sectretary On January 26, 1988 , at the Twenty -Sixth Annual Meeting of the Rosemount Firemen's Relief Association, the Board of Trustees recommended that the following changes be made in the Bylaws: Article I, Section 1; Drop the 40 years of age limitation for membership. ( So as not to discriminate ) Article I, Section 5; Allow 60 days for a member to pay their annual dues. ( A change from 30 days ) Article IV, Section 5; Change the date of the annual meeting from the fourth Tuesday to the third Saturday in January. (.To allow for a more relaxed and informative meeting Article VII, Section 1; Increase disability pension from $1000 to $1200 for each "year of service". (In association with the City Council's July 21, 1987 approval to increase benefits ) Article VII, Section 2; Change the deadline for short term disability applications from 10 days to 30 days. ( To enable members to make application the same night as a meeting night ) Article VIII, Sections 1 and 2; Increase death benefits and pensions from $1000 to $1200 for each "year of service". (e'er the City Council's July 21, 1987 approval to increase benefits) Article VIII, Section 4; A new section to allow for interest to be paid at a rate not to exceed 5% per year on deferred pensions for members with a minimum of 20 "years of service". ( Incentive for members to remain with the fire department for atleast 20 years ) The above listed amendments were agreed to by the membership without exception. These amendments are respectfully submitted for your approval and ratification. BYLAWS OF T11F 1;(':ENOUNT FIREMEN'S RELIEF ASSOCIATION ARTICLE I MEMBERSHIP Section 1. Any regular active member of the Rosemount Fire Department shall be eligible to apply for membership in the Association. Section 2. Written application, accompanied by an application fee of $5.00 may be made at any regular or special meeting of the Board of Trustees, and then laid over until the next meeting for consideration. During this time, the Board of Trustees shall conduct an investigation to determine if the applicant, due to some medically determinable physical or mental impairment or condition, would constitute for the Assocation a predictable and unwarranted risk of liability for benefits at an age earlir.r than the minimum age specified for receipt of a service pension. If no such impairment or condition exists, the Board of Trustees shall appoint the applicant to membership in the Association. If the application is not approved, the application fee shall be returned to the applicant. Resignation from the Rosemount Fire DeparLMLi.t or moving from Rosemount to take up residence elsewhere, shall terminate the membership of the member so resigning, expelled or removed; provided, however, that any member who has served for at least 1-t— mi-itimum number of vears required by Article VIII of these bylaws for vestin; zi£hts as all acti c member of the Rosemount Fire Department shall , r yin n?/?t1�1rf C'Rit1 in tbis ,i-,;.h=.iation, regardless of resignation, expulsic.= or removal, subjr.-t: Lo pavmen;, of dues and such other regulations which may be from time to time imposed. Section 4. Each member shall pay to the Association annual dues of $5.00 payable on or before the date of the annual meeting of each year. Section 5. Any member of the Association who fails to pay the dues within sixty (60) days of the time when such payment is due, stands suspended from membership and forfeits all rights and benefits, thereunder by such non-payment without any action by the Assocation, or any officer thereof. Section 6. Any member who shall, in the opinion of a majority of tin Board of Trustees, fraudulently claim benefits from, or defraud or attempt to defraud the Association in any way, shall be suspended from membership by the Board and shall forfeit all further rights to benefits from the Association. -2 - Section 7• Any suspended member can only be reinstated upon his application therefore in writing, presented at a regular or special meeting of the Association, accompanied by a sum of money equal to what he would have been required to pay to the Association during the period of suspension had he not been suspended, plus a reinstatement fee of $10.00 upon the favorable vote of 2/3 of the members present and voting at such meeting. If the application for reinstatement is rejected, the money accompanying the same shall be returned to the applicant. ARTICLE II BOARD OF TRUSTEES Section 1_ The Board of Trustees shall be composed of the following: A President, a Vice President, a Secretary, a Treasurer and two General Trustees, each of whom shall be elected for a term as specified in this Article or until his successor has been elected and qualified, at the annual meeting of the Association from its members, and the statutory ex officio trustees: the Chief of the Rosemount Fire Department, the Mayor and the Administrator/Clerk of the City of Rosemount. Section 2. As their respective terms of office expire, the President, Vice President, SPrxPr.-,7, , Treasurer or General Trustees shall be elected for three year germs at each annual meotjng. if a vacancy (other than a vacancy cas:sed by removal fu: ;rause of an officer or trustee) occurs during the term of office of any officers or general trustee, the remaining members of the Board of Trustees shall elect a member of the Association to serve for the unexpired term of the vacated position. Section 3. A general trustee or officer may be removed for cause. Cause for removal shall include, but shall not be limited to, the breach of the duties as set forth in Articles II and III of these bylaws. One or more of the trustees or, officers may be removed at a meeting of the membership which is called for that purpose by a 2/3 vote of those present and voting at such meeting. Notice of the meeting' at which removal is to be considered shall be given to each member and shall include the purpose of the meeting. The general trustee or officer shall be furnished with a statement of the particular charges at least five (5) days before the meeting is to be held. At the meeting, the general trustee or officer shall be given an opportunity to be fully heard as to each charge. If a general trustee or officer is removed, his replacement shall be elected at the same meeting, and such replacement shall serve out the unexpifed; term of the removed general trustee or officer. Section 4. It shall be the duty of the Board of Trdstees to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the Association, and whenever loans or investments are made, to investigate and pass upon the securities offered and to attend to the drawing and execution of the necessary papers. The board shall order an audit of the books and accounts of the secretary and the treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. Section S. -3 - • The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes. Section 6. The members of the members of Minnesota. Section 1. the board shall act as trustees with a fiduciary obligation to the Association, to the City of Rosemount and to the State of ARTICLE III DUTIES OF OFFICERS It shall be the duty of the President to attend and to preside at all meetings of the AssocLation and of the Board of Trustees. He shall enforce the due observance of the Articles of Incorporation and the bylaws and see that the officers properly perform the duties assigned to them. He shall sign all checks issued by the Treasurer and all other papers which require his signature. He shall be a member of all committees except the Aid Committee and he shall exercise careful supervision over the affairs of the Association. He shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special. Fund of the Association. Section 2. It shall be the duty of the Vice President to perform the duties of the President in his absence. In the absences of both the President and the Vice President, it shall be the duty of the Association to elect a President Pro Tem, who shall perform the duties incident to the office. Section 3. It shall be the duty of the Secretary to keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. He shall keep a correct record of all amendments, alterations and additions to the Articles of Incorporation or the bylaws in a separate book from the minute books of the Association. He shall cause due notice of all special meetings of the Association and the Board of Trustees to be given. He shall receive all moneys due the Association and pay the same over to the Treasurer, taking a receipt for the same, and failing to do so, he may be impeached and expelled from the Association. He shall keep a roll of membership, with the date of joining, resignation, discharge, leaves of absence, dues and assessments paid and relief or pensions furnished. His books shall at all times be open to inspection by the Board of Trustees. Prior to entering upon the duties of his office. he shall give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the fait-hful discharge of his trusts and the full performance of his office. Such bond will be paid from the Special Fund of the Association. He shall sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare and file all reports and statements required by law. He shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association and payable from the Special Fund of the Association. Section 4. It shall be the duty of the Treasurer to receive from the Secretary all funds belonging to the Association and hold them subject to the order of the President and countersigned by the Secretary. He shall keep separate and distinct accounts of the Special and General Funds, and shall prepare and present to the Board of Trustees a full and detailed statement of the assets and liabilities of each fund at each meeting of the Board of Trustees, and prior to the annual meeting of the Association. Failing in his obligations, he may be impeached and expelled from the Association. He shall deliver to his successor in office, or to any committee appointed by the Board of Trustees to receive the same, all moneys, books, papers and other items pertaining to his office immediately upon the expiration of his term of office. Prior to entering upon the duties of his office, he shall give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of his trust and the faithful performance of the duties of his office, to be paid for from the Special Fund of the Association. Jointly with the Secretary, he shall prepare and file all reports and statements required by law. lie shall receive such salary as may be fixed by the Board of Trustees from time to time, subject to approval of the Association, and payable from the Special Fund of the Association. Section 5. There shall be an Aid Committee, composed of the Vice President and two other members of the Association, who may or may not be members of the Board of Trustees, the President. The Vice President shall be the chairman of this The duty of the committee shall be to make provisions for assistance to be rer.asred to each sick or disabled member, and to the survivors of any deceased member. ARTICLE IV MEETINGS Section 1. The annual meeting of the Assiciation, for the election of officers and trustees and other business shall be held on the th,.d Safu.-da y of January in each year. If such day falls on a holiday, the annual meeting shall be held on ' the next following Section 2. The Board of Trustees shall meet at least four (4) times during each year. Section 3. Special meetings of the Association or Board of Trustees may be called by the President, or two (2) members of the Board of Trustees, and shall also be called upon written request of six (6) or more members of the Association. Members or trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be contained in such notice. Section 4. • A majority of the Board of Trustees then in office, and 407. of the members of the Association shall constitute quorums for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make known to the affected members. Section 5_ All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is the report of a majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. Section 6. All meetings shall be conducted according to Robert's Rules of Orders as revised. Section 7. The Order of Business shall be: 1. Call to order 2. RoLl call 3. Reading of minutes of previous meeting 4. Reading of reports and minutes of Board of Trustees' meetings 5. Resorts of officers 6. Prepositions for. membership 7„ Repo is of special committees 8. Unfinished business 9. Elc!ction of officers or trustees (annual meeting) 10. New business 11. Adjournment AR'T'ICLE V FUNDS Section 1. The funds received by this Association from dues, fines, application fees, entertainment. and other miscellaneous sources shall be kept in the General Fund of the Association on the books of the Secretary and the Treasurer, and may be disbursed for any purpose reasonably related to the welfare of the Association or its members, as authorized by a majority of the members present and voting at any annual or special meeting of the members. Section 2. r All funds received by the Association from any tax sources, and all funds or property donated or granted to the Association for the benefit of this fund shall be kept in a Special Fund on the books of the Secretary and the Treasurer and shall not be disbursed for any purpose except thos specifically authorized by law. Section 3. E No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President. Except when issued for salaries, pensions and other fixed charges, the exact amount of which has previously been determined and authorized by the Board of Trustees, (or the members, in case of disbursements from the General Fund) no check shall be issued until the claim to which it relates has been approved by the Board of Trustees. Section 4. All money belonging to this Association shall be deposited to the credit of this Association in such banks, trust companies, savings and loan associations or other depositories as.the Board of Trustees may designate. ARTICLE VI APPLICATION FOR BENEFITS Section 1. All applications for relief or pension benefits shall be made in writing on forms furnished by the Secretary. Section 2. All apOAcati,ons for disability benefits shall be submitted Lo Lhe Board of Trustees at a regular or special meeting of the board. The application shall be accompanied by a certificate from the attending physician or surgeon setting forth the nature of the illness or injury, the cause and duration thereof, the length of time the applicant has been unable to perform any of the duties connected with avis regular occupation and those of a firefighter, and an estimate of Lhe Lime at which the applicant will be able to return to his regular occupation and ;.o perform the duties of a firefighter. Section 3. All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the board. Applications shall be verified by an oath of the applicant and shall state the age of the applicant, the period (or periods) of service in and the date of retirement from active duty in the Rosemount Fire Department, the length of time he has been a member of the Association, and such other information as the Board of Trustees may require. Section 4. No benefits or pensions shall be paid until the application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits or pensions. No other benefits shall be paid to or on behalf of any member who has received a service pension. Sect—. --i°_ n 5_ For purposes of computing benefits or pensions payable under Articles VII and VIII, a "year of service" shall be defined as a period of twelve (12) full months of active duty in the Rosemount Fire Department, beginning on the date when the member became an active firefighter in said Fire Department. If a member's period of active service has not been continuous, parts of years may be added together to compute full years. ARTICLE VII SICK AND DISABILITY BENEFITS Section 1. If a member of this Association shall become totally and permanently disabled, to the extent that a physician or surgeon acceptable to the Board of Trustees shall certify that such disability will permanently prevent said member from performing his duties in the Rosemount Fire Department, the Association shall pay to such member the sum of $1200.00 for each "year of service" that he served as an active member of the Rosemount Fire Department. If a member who has received such a disability pension should subsequently recover and return to active duty in the Rosemount Fire Department, any amount paid to him as a disability pension shall be deducted from his service pension. Section 2. It a member of this Association (except these who are on the c'_ :ferred or cart vested i)err:;roil) shall become sick or disabled to the extent that he is unable to perform any of the duties of his regular occupation, and who is under the care of a physician for a period of seven (7) consecutive days or more, shall be entitled to a benefit of $8.00 per day, commencing with the first day of such illness or disability, but the total of such benefits shall not exceed $1.0no.00 i.r. any one calendar year, or for any one illness or disability. Applic.atI.cns for short term disability benefits shall be made by or on behalf of the applicant within thirty (30) days after the disability commences. ARTICLE VIII DEATH BENEFITS AND PENSIONS Section 1. Upon the death of any member of the Association who is in good standing at the time of his death, the Association shall pay to the named beneficiary and if no beneficiary has ,been named, to the surviving spouse, if any, and if there is rib surviving spouse, divided equally to surviving child or children, if any and if no child or children survive, to the estate of such deceased member, the sum of $1200.00 for each year of service that he served as an active member of the Rosemount Fire Department. Section 2; The Association shall pay to each member who shall have served as an active firefighter in the Rosemount Fire Department for a period of twenty (20) years or more prior to his resignation from said Fire Department, and who has reached the age of fifty (50) years or more, and who has been a member of the Association for at least ten (10) years, the sum of $1200.00 for each "year of service" that he served as an active member of said Fire Department. -8 - Section 3. A member of the Association who shall have served in the Rosemount Fire Department for at least twenty (20) years, but has not reached the age of fifty (50) years may retire from said Fire Department and be placed on the deferred pension roll. When he reaches the age of fifty (50) years, and provided that at that time he has been a member of the Association for at least ten (10) years upon application therefore he shall be paid the sum of $1200.00 for each "year of service" that he served as an active firefighter in the Rosemount Fire Department. During the time that a member is on the deferred pension roll, he shall continue to pay his dues, and he will not be eligible to receive any of the benefits provided for in Article VII. Section 4. During the time that a -member is on the deferred pension roll, the Association shall add to the amount payable to such member interest, compounded annually, at the rate actually earned on the assets of the Special Fund, but not to exceed 5% per year :if the member has served as an active firefighter in the Rosemount Fire Department for a minimum period of twenty (20) years. Section 5. No less that ninety (90) days before becoming eligible to receive a lump sum pension, a member of this Association may make an irrevocable election that such pension shall be paid to him in a number of annual installments. If the member who has made such an election dies before all of his pension has been paid to him, any Lh Leof reinaining i;:.t„;;,1 at the time of his death shall be paid to Iris ..a,.�, ut=aeflit.lary, and if '6^neficiary has been named, to his surviving spouse, if any, and if there is no surviving spouse, divided equally to surviving child or children, if any, and if no child or children survive, to the estate of such deceased member. erLion 6. 1f a member shall. have served for more than ten (10) years, but less than twenty (20) years, as an active firefighter in the Rosemount Fire Department, he may retire from said Fire Department and be placed on the early vested pension roll. When he reaches the age of fifty (50) years, and provided that at that time he has been a member of the Association for at least ten (10) years, he shall upon application therefore, be paid in the following manners a) For active duty of more than ten (10) years, but less than eleven (ll) years, 60 of the amount per year of service which would have been earned, had the member served for twenty (20) years or more; b) For active duty of more than eleven (11) years, but less than twenty (20) years, 4% of the amount per year of service which would have been earned, had the member served for twenty (20) years or more, shall be added to all years of service for each additional year of service between 11 and 20 years. c) During the time that any member is on the early vested pension roll, he shall continue to pay his dues, and he will not be eligible to receive any of the benefits provided for in Article VII and Article VIII, Section 1. Pensions payable to members on the early vested pension roll shall be based on the amount payable "per year of service” in effect at the time of such early retirement. d) If a member on early vester pension roll dies before his pension has been paid him, the amount paid to his named beneficiary, and if no beneficiary has been named, to the surviving spouse, if any, and if there is no surviving spouse, divided equally to surviving child or children, if any, and if no child or children survive, to the estate of such deceased member, shall be based on the amount payable "per year of service" in effect at the time of such early retirement. ARTICLE IX , AMENDMENTS Section 1. The bylaws of this Association may be amended at any regular or special meeting of the Association by a favorable vote of 2/3 of the members present and voting, provided that a quorum is present; and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more that thirty-one (31) days next preceding the date upon which such amendment or amendments are to be acted upon, and that a notice be mailed to each member at his last known address not less than ten (10) days prior to such meeting; and provided further, that if such amendments shall change the amount of benefits or pensions, approval of the City Council of Rosemount must be obtained before such change may take effect. ltyl•aw,� ndoptel by the Relief Association on the 26th day of J010%AAry 19??. Glen Uitdenbogerd President Ratified by the Rosemount City Council on the Jon Scott Secretary