BYLAWS OF THE

NORTHEAST AMBULANCE & FIRE PROTECTION DISTRICT

TABLE OF CONTENTS

Article I.           PREAMBLE. 2

Article II.          DIRECTORS. 3

Section 2.01         Number and Qualifications. 3

Section 2.02         General Powers. 3

Section 2.03         Quorum.. 3

Section 2.04         Chairperson. 3

Section 2.05         Regular Meetings. 4

Section 2.06         Special Meetings. 4

Section 2.07         Majority Rule. 4

Section 2.08         Rules of Order 4

Section 2.09         Compensation. 5

Section 2.10         Expenses. 5

Section 2.11         Vacancies. 5

Article III.        OFFICERS. 5

Section 3.01         Number 5

Section 3.02         President of the District 5

Section 3.03         Secretary. 6

Section 3.04         Treasurer 6

Section 3.05         Budget & Finance Officer 7

Section 3.06         Administrative Secretary. 7

Section 3.07         Legal Officer 7

Section 3.08         Fire Chief 8

Section 3.09         Fire Marshal 8

Section 3.10         Appointed Officers. 8

Section 3.11         Director Serving as Staff 9

Section 3.12         Director’s Work Time. 9

Section 3.13         Personnel Attendance at Directors' Meetings. 9

Article IV.            OTHER PERSONNEL. 9

Section 4.01         Consulting Staff 9

Section 4.02         Independent External Auditor 9

Section 4.03         Professional Firefighters and Ambulance Attendants. 10

Section 4.04         Administrative Support and Clerical Staff 10

Section 4.05         Website Administrator 10

Section 4.06         Advisory Committees. 10

Article V.         BUSINESS AND FUNDS. 11

Section 5.01         Contracts. 11

Section 5.02         Loans. 11

Section 5.03         Deposits. 11

Section 5.04         Payments. 11

Section 5.05         Petty Cash Fund. 12

Section 5.06         Tax Rate. 12

Section 5.07         Ballot Issues. 12

Section 5.08         Fiscal Year 12

Section 5.09         Seal 12

Section 5.10         Budgets. 12

Section 5.11         Audits. 13

Section 5.12         Central Dispatching Center 13

Section 5.13         Bonds. 13

Section 5.14         Employee Benefit Plans. 13

Article VI.            ORDINANCES. 13

Section 6.01         Scope. 13

Section 6.02         Codification. 13

Section 6.03         Introduction. 14

Section 6.04         Form.. 14

Section 6.05         Vote. 15

Section 6.06         Emergency. 15

Section 6.07         Signatures. 15

Section 6.08         Records and Numbering. 15

Article VII.           RESOLUTIONS. 16

Section 7.01         Scope. 16

Section 7.02         Motions. 16

Article VIII.          ELECTIONS. 16

Section 8.01         Conduct of Elections. 16

Section 8.02         Election Authority. 16

Section 8.03         Documents Filed. 16

Section 8.04         Declarations of Candidacy. 17

Section 8.05         Place on Ballot 17

Section 8.06         Withdrawal of Candidacy. 17

Section 8.07         Certification of Names. 17

Section 8.08         Oath of Office. 17

Article IX.            AMENDMENTS TO BY-LAWS. 17

Section 9.01         Procedure. 17

Section 9.02         Effective Date. 17

Section 9.03         Notice. 17

Section 9.04         Revision of Book. 17

Article X.         DEFINITIONS. 17

Section 10.01         “Board.”. 17

Section 10.02         “District.”. 17

Section 10.03         “Director.”. 17

Section 10.04         Words Denoting Persons. 17

Section 10.05         “Law.”. 17

Article XI.            ORDER OF BUSINESS. 17

Article I.                   PREAMBLE

For the purpose of providing fire protection to the residents and property of the Normandy Fire Protection District as well as providing emergency medical assistance to residents of said district, the district and, on its behalf, we the members of the Board of Directors of the Normandy Fire Protection District of St. Louis County, Missouri, do hereby establish and adopt these bylaws, as the rules and regulations, for the carrying on of the business, objects and affairs of the board and of the district.

Article II.                DIRECTORS

Section 2.01        Number and Qualifications

The Board of Directors of the Normandy Fire Protection District shall consist of three (3) persons duly elected or appointed to office, from time to time, according to the provisions of Chapter 321, RSMo., with such qualifications and limitations as are set forth in Sections 321.015, 321.017, and 321.130, RSMo.

Section 2.02        General Powers

The powers of the Board of Directors shall be as set forth in Section 321.220, RSMo or as otherwise provided by law.  The business and affairs and property of the District shall be managed by the Board of Directors but the Board of Directors, from time to time, may delegate functions and responsibilities to officers, agents or employees of the District, in any manner consistent with law, either by provision in these Bylaws or any amendment hereto, or by duly adopted resolution, or by duly adopted ordinance. However, the Board of Directors shall not delegate to any person or organization any legislative or contractual power of the District, nor any duty or responsibility, which is by law imposed upon the Board of Directors. Section 321.220 RSMo

Section 2.03        Quorum

Two members of the Board of Directors shall constitute a quorum, at any meeting. Section 321.200, RSMo

Section 2.04        Chairperson

At the first regular meeting of the Board of Directors following the certification of the election of Board members in each odd calendar year, the Board of Directors shall elect one of its members as Chairperson, who shall serve as Chairperson until the first regular meeting following the certification of the election of Board members in the next succeeding odd calendar year, or until his/her successor as Chairperson is so elected or until such time as said Chairperson is sooner removed from the position of Chairperson by a majority vote of the Directors. The Chairperson may be removed as Chairperson, at any time, by a majority vote of the Directors.  If the Chairperson shall die, resign, or be removed as Chairperson, during his/her term as Chairperson, a successor shall be elected by a majority vote of the Directors not later than the next regular meeting following said vacancy.  The Chairperson of the Board shall preside at all official meetings held by the Board of Directors.  Section 321.170, RSMo

Section 2.05        Regular Meetings

The Board of Directors shall hold a regular meeting on the first, second, third and fourth Tuesday of each month at 6:00 p.m. in the board room at the firehouse, or at such other time and place as may be fixed by resolution of the Board, which resolution may be adopted to continue until changed, or may be adopted at any meeting for the next one or more meetings. No notice of meeting shall be required to be given to any Director, for any meeting whose time and place has previously been duly fixed by these by-laws, by any such resolution or duly adopted at any meeting.  Public notice of the regular meeting schedule set forth in these by-laws shall be continuously posted in the firehouse.  Public notice of any other regular meeting of the Board of Directors shall be given by the Secretary of the Board in accordance to the provisions of Section 610.010 R.S.Mo.  Section 321.200 RSMo.

Section 2.06        Special Meetings

Special meetings of the Board of Directors may be called at any time by the Chairperson, provided that he/she shall first give at least forty-eight hours notice of the time and place of any special meeting to the other two Directors, by personal notification. Special meetings of the Board of Directors may also be called at any time by the other two members of the Board, provided that they shall first give at least forty-eight hours notice of the time and place of any special meeting to the Chairperson, by personal notification.  On consent of all three Directors, special meetings may be held at any time and place, with public notice of such meeting pursuant to Section 610.010 R.S.Mo, but the minutes of any such meeting shall set forth such consent, in any form of statement, and all three Directors shall sign such minutes, or such meeting shall be invalid and ineffective.  An emergency special meeting may be called by two or more Directors at any time in compliance with Chapter 610 RSMo.  At any special meeting, only such business shall be considered as has been stated by the person or persons calling said meeting and as shall be set forth in his/her notice, or as is agreed by two or more Directors.  Section 321.200, RSMo.

Section 2.07        Majority Rule

The vote of two Directors, on any question not required by law or by these Bylaws to be unanimous, shall be decisive, and shall be sufficient for the adoption of any motion, resolution, ordinance, or other action of the Board of Directors. Section 321.200, RSMo.

Section 2.08        Rules of Order

All meetings of the Board of Directors shall be conducted according to Robert’s Rules of Order. The Chairperson shall rule on any point of order or procedure, which may arise, but such ruling may be overridden by vote of the other two Directors. Section 321.220(12).

Section 2.09        Compensation

Each Director shall receive the compensation provided by Section 321.190, RSMo, for regular or special meetings and by Section 321.603, RSMo, for closed meetings, or as otherwise provided by law, for his/her attendance on meetings of the Board of Directors, which shall be paid as of course by the Treasurer, bi-weekly, or as otherwise provided by the Board.  If, at any time, no funds are available for such payment, then the same shall accrue until the availability of funds, when the Treasurer shall pay the same as of course. In addition, each Director who is also a volunteer member of the District shall also receive such employee type fringe benefits as are provided for in Section 321.220(17), RSMo.

Section 2.10        Expenses

No Director shall incur any expenses for him/herself, or for or in behalf of the Board of Directors, or for or in the behalf of the District, unless authorized by duly adopted resolution or ordinance of the Board of Directors, prior to the incurring thereof or except upon ratification thereof by the Board. Authorized expenses of any Directors shall be reimbursed by the Treasurer out of the funds of the District, but only after the respective Director shall first have presented to the Board of Directors his/her expense account, which shall have been approved by the Board of Directors. Section 321.190, RSMo.

Section 2.11        Vacancies

Any vacancies in the office of Director shall be filled by the remaining member or members of the Board of Directors, unless otherwise provided by law. Section 321.200, RSMo.

Article III.             OFFICERS

Section 3.01        Number

The officers of the District shall be the President of the District, the Secretary, the Treasurer, the Budget & Finance Officer, the Administrative Secretary, the Legal Officer, the Fire Chief, and such other officers as deemed necessary by the Board. The same person may hold more than one such office, and all of such officers shall serve at the pleasure of the Board of Directors, and may be removed from office by the Board of Directors at any time. Section 321.170, RSMo.

Section 3.02        President of the District

The Chairperson of the Board of Directors, ex-officio, shall be President of the District.  He/she shall be paid such additional compensation for his/her services as the Board, from time to time, may determine by resolution, but not in excess of the amount permitted by law.  The President of the District shall be the chief executive of the District, and shall supervise the performance of their functions by all other officers of the District, except the Legal Officer, and shall also supervise all of the activities and functions of the District; subject, however, to any resolution, ordinance, or direction of the Board of Directors. The President or his/her designee as authorized by resolution of the Board of Directors of the District shall sign all checks, which may be issued by the Treasurer. The President shall sign, for the District, any contract, documents, or other instruments which the Board of Directors has authorized him to sign, and shall perform such other duties as may be assigned to him from time to time by the Board of Directors. Section 321.170, RSMo.

Section 3.03        Secretary

The Secretary shall be appointed to office by resolution of the Board of Directors, to serve at the pleasure of the Board. If he/she is a member of the Board, he/she shall be paid such additional compensation for his/her services as the Board, from time to time, may determine by resolution, but not in excess of the amount provided by Section 321.190, RSMo, or permitted by law. The Secretary shall keep in a well bound book the minutes and record of all the proceedings of the Board of Directors at all meetings of the Board of Directors, and shall also keep records of all certificates, contracts, bonds given by employees, and all other corporate acts of the District. The Secretary shall keep the minute book and the records of the proceedings of the Board of Directors open to inspection of all owners of property in the District, as well as to all other interested parties, pursuant to Sections 321.200 and 610.023, RSMo, but the Secretary shall not permit any person to remove, damage, deface or in any manner alter or change any such book or record, and the Secretary shall permit any such inspection only in his/her personal presence or the presence of his/her designee, unless otherwise directed by resolution of the Board of Directors. The Secretary shall be the Election Authority of the District, shall perform all duties provided by law for fire district election authorities, shall give all notices of elections, and all notices of public hearings, and all other notices of meetings or of other matters, which may be required by law or by these By-Laws, or which may be directed by resolution of the Board of Directors. The Secretary shall also be custodian of the seal of said District, but he/she may permit the Legal Officer to hold the same. The Secretary shall see that said seal is duly affixed to all documents duly approved by the Board of Directors, for which affixation of said seal is necessary or appropriate. The Secretary shall also perform such other duties as may be assigned to him from time to time, by resolution of the Board of Directors. Section 321.170, RSMo.

Section 3.04        Treasurer

The Treasurer shall be appointed to office by resolution of the Board of Directors, to serve at the pleasure of the Board. If he/she is a member of the Board, he/she shall be paid such additional compensation for his/her services as the Board, from time to time, may determine by resolution, but not in excess of the amount permitted by Section 321.190, RSMo, or otherwise by law. The Treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the District in permanent records. The Treasurer shall file with the Clerk of the St. Louis County Circuit Court, at the expense of the said District, a corporate fidelity bond in an amount to be determined by the Board of Directors from time to time, by resolution, but for not less than five thousand dollars ($5,000), said bond to be conditioned on the faithful performance of the duties of his/her office. The Treasurer shall file in the office of the County Clerk, on behalf of the Board of Directors, on or before April first of each calendar year, a detailed financial statement for the preceding fiscal year of the District. The Treasurer shall also have charge of and be responsible for all funds of said District, shall receive and give receipts for money due and payable to said District from any source whatever, shall promptly deposit all funds of said District in the name of said District in such bank or banks or other depositaries as he/she may be directed from time to time by resolution of the Board of Directors, and shall write all checks which may be issued by said District and shall sign or counter-sign checks as authorized by the Board of Directors. The Treasurer shall also perform such other duties as may be assigned to him from time to time, by resolution of the Board of Directors.  Section 321.180, RSMo.

Section 3.05        Budget & Finance Officer

The Budget & Finance Officer shall be appointed to office by resolution of the Board of Directors, to serve at the pleasure of the Board. He/she shall be paid such compensation and provided such fringe benefits for his/her services as the Board may determine by resolution, from time to time. The Budget & Finance Officer shall assist and be under the direct supervision of the Treasurer in the performance of his/her duties.  The Budget & Finance Officer shall prepare for the study of the Board of Directors a budget of the District as required by Chapter 67 RSMo., shall report to the Board of Directors monthly on income and expenditures of the funds of the District, as compared to corresponding budget entries, and shall perform such other duties as may be required by Missouri Statutes relating to budgets of Fire Protection Districts, or as may be assigned to him from time to time by resolution of the Board of Directors.

Section 3.06        Administrative Secretary

The Administrative Secretary of the District shall be appointed to office by resolution of the Board of Directors, to serve at the pleasure of the Board.  He/she shall serve as the Recording Secretary at the meetings of the Board, shall keep and maintain the records of the district under the supervision of the Secretary of the Board, shall be the Chief Clerk of the District and shall perform such clerical and other duties as are assigned by the Board, its Officers or the Fire Chief.  He/she shall be paid such compensation and provided such fringe benefits for his/her services as the Board of Directors, from time to time, may determine by resolution.  The Administrative Secretary shall be under the day to day supervision of the Fire Chief.  Section 321.220(9).

Section 3.07        Legal Officer

The Board of Directors shall retain an attorney, under written contract, who shall be Legal Officer of the District. Such attorney shall be retained for such period of time, and on such basis of compensation, fringe benefits and reimbursement of expenses, as may be provided by resolution of the Board of Directors adopted from time to time, and consented to by said attorney. Said attorney shall act as legal advisor to the Board of Directors on all matters of the District, shall draft all ordinances and written resolutions which may be presented to the Board of Directors for their consideration, shall represent said District in all lawsuits, proceedings and actions wherein said District may be involved in any Court, or before any public officer, body or board of agency, may be present at all meetings of the Board of Directors, and shall draft all contracts, documents, agreements or other papers which may be necessary or appropriate to the business, properties and affairs of the District. The Legal Officer may employ such associate or assistant attorneys, paraprofessionals and support staff as is required to provide legal services to the District under this subsection who shall be compensated as may be provided by resolution of the Board of Directors adopted from time to time, and consented to by said attorney. Section 321.220(9), RSMo.

Section 3.08        Fire Chief

The Fire Chief shall be appointed to office by resolution of the Board of Directors, to serve at the pleasure of the Board, which may be fixed for a term by written contract. He/she shall be paid such compensation and provided such fringe benefits for his/her services as the Board, from time to time, may determine by resolution. The Fire Chief shall plan, organize, train, supervise and direct all of the staff of the District, which is engaged in the work of fire fighting, fire protection and ambulance services. The Fire Chief shall also be responsible for proper maintenance of all fire-fighting, fire-prevention and ambulance equipment of the District at all times, and shall further be responsible that the District shall provide the best possible fire fighting, fire prevention and ambulance service to the people and property within said District, at all times. The Fire Chief shall also act as technical consultant to the Board of Directors in matters relating to firefighting , fire prevention techniques, ambulance service, personnel, equipment, training, and planning. The Fire Chief may also recommend, and the Board of Directors may appoint from among such nominees, such number of officers as he/she may deem necessary, as the Board of Directors may authorize, from time to time, by resolution; the Fire Chief may also recommend the dismissal from office of any salaried person, employee, medical personnel or firefighter under his supervision, but such dismissal shall be accomplished by the Board of Directors, by resolution.  The Fire Chief may suspend or impose any other form of discipline upon his subordinates pending further action or review thereof by the Board.  The Fire Chief may also appoint such number of volunteer firefighters as the Board of Directors may authorize, from time to time, by resolution, to serve at the pleasure of the Fire Chief. The Fire Chief shall also perform such other duties as may be assigned to him from time to time, by resolution of the Board of Directors. Section 321.220, RSMo.

Section 3.09        Fire Marshal

The Fire Marshal shall be the Fire Chief, unless otherwise appointed by the Board of Directors, and the Fire Chief as such may delegate duties to such persons, as he/she may deem necessary, from time to time, as approved by the Board of Directors. Section 321.220, RSMo.

Section 3.10        Appointed Officers

Such other officers as the Board of Directors may deem necessary shall be appointed and shall be removed from office, at the pleasure of the Board. They shall be paid such compensation and provided such fringe benefits for their services as the Board of Directors, from time to time, may determine by resolution. They shall perform such functions and duties as may be assigned to them by the Board. Section 321.220, RSMo.

Section 3.11        Director Serving as Staff

A Director may not serve as a salaried or paid employee of the District during his/her tenure in office.  Section 321.015, RSMo.  A Director may serve as an unpaid volunteer employee of the District, to perform such duties as are fixed by the Board, and may receive such fringe benefits as are provided by law for volunteer employees. Section 321.220(17), RSMo.

Section 3.12        Director’s Work Time

Nothing in these By-Laws shall be construed to require that any Director of the District shall devote full time to his/her said Directorship, office, or other capacity, including service as a volunteer member of the district.

Section 3.13        Personnel Attendance at Directors' Meetings

The Fire Chief, the Secretary, the Treasurer, the Legal Officer, the Budge & Finance Officer and the Administrative Secretary shall attend any meeting of the Board of Directors, and may be permitted to speak there at, but shall have no vote. If by consent of the Board or due to some unforeseen emergency, any such officer is unable to be present at any such meeting, he/she may be represented by some proper person of his/her choice unless some other person is designated to act in his/her place by the Board.  The Board may entertain the presentations of other persons wishing to speak to the Board, from time to time, as the Board of Directors may deem suitable.

Article IV.             OTHER PERSONNEL

Section 4.01        Consulting Staff

The Board of Directors, from time to time, by resolution, may provide for consulting personnel of the District, to be appointed and removed at the pleasure of the Board. Such personnel may be independent contractors or employees of the District; may hold one or more of the district offices described above, and shall be paid such compensation and provided such fringe benefits for their services as the Board, from time to time, may determine by resolution. Section 321.220(9)&(15).

Section 4.02        Independent External Auditor

Not later than the first regular meeting of the Board of Directors in July of each year, the Board of Directors shall appoint and employ a certified public accountant licensed to practice auditing in the State of Missouri and cause an annual audit to be performed of the District’s finances consistent with rules and regulations promulgated by the state auditor.  The audit shall cover the period of the previous fiscal year.  Copies of each audit report must be completed and submitted to the district and the state auditor not later than six months after the close of the audit period.  If the state auditor notifies the district of any defects in said audit, the audit shall be corrected within ninety days from the date of the state auditor’s notice to the district of said defects.  Section 321.690, RSMo.

Section 4.03        Professional Firefighters and Ambulance Attendants

The Board of Directors, from time to time, by resolution, may provide for the employment of full-time, part-time or volunteer firefighters and ambulance attendants to be appointed, disciplined and removed at the discretion of the Board.  Such personnel shall hold such ranks and be paid such compensation and provided such fringe benefits for their services as the Board, from time to time, may determine by resolution.  Section 321.220(9)&(15).

Section 4.04        Administrative Support and Clerical Staff

The Board of Directors, from time to time, by resolution, may provide for the employment of full-time, part-time or volunteer administrative and clerical staff to be appointed, disciplined and removed at the discretion of the Board.  Such personnel shall hold such ranks and be paid such compensation and provided such fringe benefits for their services as the Board, from time to time, may determine by resolution.  Section 321.220(9)&(15).

Section 4.05        Website Administrator

The Board of Directors shall appoint a Website and Internet Administrator who shall be responsible for publishing and maintenance of the Districts’ website.  He/she shall be paid such compensation and provided such fringe benefits for his/her services as the Board, from time to time, may determine by resolution.  The website shall fully inform the residents of the district of the services, records, news, business and operations of the district.  The District’s domain name and e-mail accounts shall be established and maintained by the administrator. The District’s By-Laws, Ordinances, Resolutions, Minutes of Board Meetings, Financial Reports, as well as to the extent practicable, the open records of the District, shall be published on the website.  The Secretary may satisfy any request for copies of open records of the district under Chapter 610, RSMo, by publishing the open records of the district on the website, and referring any request for copies to the website.  If the requester indicates an inability to access the website, then the Secretary shall provide the records as required under Chapter 610, RSMo.

Section 4.06        Advisory Committees

The Board of Directors may appoint Special Advisory Committees, at their discretion, to address a specific need. Each Advisory Committee shall consist of such number of persons as may be provided, from time to time, by resolution of the Board of Directors. Members of an Advisory Committee shall not receive any compensation as such, but may be also officers or operating personnel of said District, receiving compensation in such capacity. Any Advisory Committee appointed shall be appointed by the Board of Directors, by resolution, to serve at the pleasure of the Board. The Advisory Committee shall elect a Chairperson from among its members, and may meet from time to time as they may decide, and may advise and consult with the Board of Directors on any matter relating to the business, property or affairs of the District, but their recommendation shall be advisory only, and shall not be mandatory upon the Board of Directors. The Board of Directors may also refer any matter to a Special Advisory Committee, from time to time, for their opinion or advice, and the Advisory Committee shall consider any such matter promptly, and report their opinion, advice or recommendations, which may have been adopted by majority vote of all the members of the Advisory Committee to the Board of Directors as promptly as possible.

Article V.                BUSINESS AND FUNDS

Section 5.01        Contracts

The Board of Directors, by resolution, may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and in behalf of the District, and such authority may be general or confined to specific instances. No construction or purchase contract for work or materials or both, involving an expense of ten thousand dollars or more, shall be entered into, unless a notice for bids shall first be published once a week for three consecutive weeks in at least one newspaper of general circulation in St. Louis County not less than fourteen days, excluding the day of the first publication, to intervene between the first publication and the last publication; but no such notice shall be required for contracts hiring or retaining persons providing professional services, agents, employees, engineers, and attorneys, including part time or volunteer firefighters. Section 321.220(4), RSMo.

Section 5.02        Loans

No loans shall be contracted on behalf of said District, and no evidences of indebtedness shall be issued in its name, unless first authorized by resolution of the Board of Directors. Such authority may be general or confined to specific instances.  Sections 321.220(5), RSMo.

Section 5.03        Deposits

All funds of the District shall be deposited from time to time, promptly after receipt, in the name of said District, in such banks or other depositaries as the Board of Directors may select from time to time, by resolution.

Section 5.04        Payments

Except for payments from a petty cash fund, which is hereby authorized to be maintained by the District, no payment of the funds of the Normandy Fire Protection District shall be made except by check or debit card, and any such check shall be drawn and signed by the President or his/her designee as authorized by resolution of the Board of Directors. Any claimant of any payment due him from said District shall present his/her bill to the said District. Bills shall be presented to the Treasurer for payment following approval for payment from the Fire Chief or his/her designee. The Fire Chief may approve for payment any item, which is a re-occurring, or a budgeted item. Upon approval of the Fire Chief or his/her designee, the Treasurer is directed to issue a check to such claimant in the amount approved.  Any item which has been determined not to be a re-occurring or budgeted expense shall need the approval of the Board of Directors prior to being submitted to the Treasurer for payment.

Section 5.05        Petty Cash Fund

A Petty Cash Fund shall be established and maintained under generally accepted accounting principles for the payment of minor expenses of $25 or less where the payment by check or debit card is impractical.

Section 5.06        Tax Rate

Not later than the first regularly scheduled meeting in August of each year, the Board of Directors shall, based on the budget previously adopted for the fiscal year, determine the amount of money necessary for the operations of said District; and not later than the regularly scheduled meeting in August of each year, the Board shall duly determine the tax rate requisite to generate the revenue to meet or satisfy the budget and to certify the same to the County Clerk by no later than September 1 of that same year.  Section 321.250, RSMo.

Section 5.07        Ballot Issues

The Board of Directors shall take up and address initiative petitions, tax propositions, and other ballot issues concerning or affecting the fire district according to law.  Chapter 321, RSMo.

Section 5.08        Fiscal Year

The fiscal year of the District shall commence on July first and terminate on June thirtieth following, unless otherwise fixed by law, and the books, accounts and reports of the Treasurer and Budget Officer shall be made to conform thereto; and all financial reports required by law to be made by the District shall be made for the fiscal year. Section 33.110, RSMo.

Section 5.09        Seal

The seal of said District shall consist of the name of said District in the form of a circle, with the word "Seal" in the center of said circle.  Section 321.170, RSMo.

Section 5.10        Budgets

During each fiscal year, not later than the last day of that fiscal year, the Board of Directors shall adopt a budget for the upcoming year for the general operating fund of the District, and for every special fund of the District of any kind, in such manner as may be provided by law.  Chapter 67, RSMo.

Section 5.11        Audits

The Board of Directors shall cause an annual audit to be performed of the District’s finances consistent with rules and regulations promulgated by the state auditor.  The audit shall cover the period of the previous fiscal year.  Copies of each audit report must be completed and submitted to the district and the state auditor not later than six months after the close of the audit period.  If the state auditor notifies the district of any defects in said audit, the audit shall be corrected within ninety days from the date of the state auditor’s notice to the district of said defects.  Section 321.690, RSMo.

Section 5.12        Central Dispatching Center

The Board of Directors shall appoint to serve at the pleasure of the Board a representative to serve on any central dispatching center’s governing board, who shall advocate the best interests of the district and shall report to the Board the business and affairs of the Central Dispatching Center.

Section 5.13        Bonds

Bonds issued by the district shall be so issued and managed as provided by law.  Section 321.340, RSMo.

Section 5.14        Employee Benefit Plans

Life insurance, accident, sickness, health, disability, annuity, length of service, pension, retirement and other employee fringe benefits may be provided to officers, agents, employees and volunteers of the district as provided by law.  The Board of Directors may contract for and shall have charge of and shall manage either as a Board or through appropriate qualified agents any employee benefit plans as provided by law.  Section 321.220, RSMo.

Article VI.             ORDINANCES

Section 6.01        Scope

Ordinances of the District may be drawn, amended, altered, and repealed by resolution of the Board of Directors at any meeting of the Board, but all such ordinances shall be consistent with the law relating to Fire Protection Districts, and notices of intent to adopt same shall comply with the provisions of Chapter 610, RSMo.  Section 321.220, RSMo.

Section 6.02        Codification

The Legal Officer shall codify the Ordinances of the District upon passage of these bylaws, and the full text thereof shall be bound, set forth and published in a Code Book.  The Code Book shall be revised and re-published every ten years thereafter unless sooner provided for by the Board.

Section 6.03        Introduction

Any Director may propose the adoption, amendment, alteration or repeal of any ordinance, to the Board of Directors, at any regular meeting of the Board, or at any special meeting called for that purpose, either by presenting such ordinance, or any amendment, alteration, or repeal of any ordinance, in full written or documentary form, or by suggesting to the Board the general scope and field of such ordinance, amendment, alteration or repeal. If the proposal is made by the latter method, by suggestion, and if, on motion, the Board shall approve such suggestion, by resolution, then such suggestion shall be referred to the Legal Officer, who shall draft the full documentary form thereof as quickly as may be practical, and shall report the same back to the Board at its next regular meeting or at such special meeting as may be called for purposes of adoption of said ordinance.

Section 6.04        Form

A resolution adopting an ordinance, or any amendment, alteration, or repeal of any ordinance, shall be in the following form; but no variance from the following form shall affect the validity thereof:

BILL NO. __________

RESOLVED, that, WHEREAS (and here may follow recitations of supporting facts, if any); and

WHEREAS, the Board of Directors find that such matters may properly be provided by ordinance;

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors:

ORDINANCE NO. _____

An ordinance providing for (here insert Title)

(And follow with the body of the ordinance, numbered by sections, as may be appropriate.)

Introduced this ___________ day of ______________, __________

By:  _________________________________________________

Director

Adopted this __________ day of ____________________, __________.

_________________________________________________

Chairperson of the Board

Attest:

_________________________________________________

Secretary of the Board

Section 6.05        Vote

The presentation of the full documentary form of any ordinance, amendment, alteration, or repeal of any ordinance to the Board, shall automatically be taken as a motion by the Director presenting the same, or who originally suggested the same, moving the passage thereof.  However, no vote shall be taken on such motion until an opportunity is given for further amendment thereof, for discussion thereof, and for the full final text thereof to be reduced to writing and read at length to the Board.  After full discussion and amendment thereof and the final text thereto has been reduced to writing, no further amendment may be had to said Ordinance, prior to the final vote thereon.  If the Board shall adopt such motion, then the same shall become effective as an ordinance, or as an amendment, alteration or repeal of any ordinance, ten days after the adoption of such motion (but not including the day on which the vote is taken.)

Section 6.06        Emergency

If any such full documentary form shall include a finding by the Board that an emergency exists, requiring the immediate effectiveness of such ordinance, amendment, alteration, or repeal of any ordinance, then the same shall become effective immediately upon adoption.

Section 6.07        Signatures

All ordinances, and all amendments, alterations of repeals thereof, shall be signed by the Chairperson, and attested by the Secretary of the Board, as promptly after the adoption thereof as possible.

Section 6.08        Records and Numbering

The Secretary shall maintain a register of all proposed ordinances, showing the title thereof, and the number assigned to such proposal, which numbers shall be assigned in chronological order, and showing also the ordinance number, the date of adoption, and the effective date, if the same is adopted as an ordinance. Ordinance numbers shall also be assigned in chronological order. All such proposals, and all ordinances adopted, shall be included in the minutes of the proper meetings, at length, on presentation, and on adoption; but may be referred to by title or number when discussed at any meeting. The Secretary shall also maintain an Ordinance Book, in which he/she shall keep true copies of every adopted ordinance, in numerical order, which book shall be available only to the Board of Directors and to the officers of the District. The Secretary shall also maintain a public copy of the Ordinance Book, similarly, which shall be available to inspection by any interested person, by appointment with the Secretary of the Board pursuant to 321.200 RSMo.

Article VII.          RESOLUTIONS

Section 7.01        Scope

The procedure for written Resolutions of the district shall be substantially as set forth for the adoption of Ordinances by the Board of Directors; except that Resolutions shall take effect upon their final passage and the procedure may be varied by a vote of the Directors to suspend this rule.  Notice of intent to adopt any resolutions by the Board shall comply with the provisions of Chapter 610, RSMo.  Section 321.220, RSMo.

Section 7.02        Motions

Nothing herein shall be construed to limit or prohibit the passage of oral motions and resolutions in accordance with Robert’s Rules of Order or other procedure permitted by law.

Article VIII.       ELECTIONS

Section 8.01        Conduct of Elections

Elections for Directors shall be conducted as provided by Chapter 115, RSMo

Section 8.02        Election Authority

The Secretary of the Board shall serve as the Election Authority for the District.  The Secretary may designate one or more Directors, Officers or employees of the District to serve as deputies to receive declarations of candidacy in the Secretary’s absence.

Section 8.03        Documents Filed

Upon receipt of a Declaration of Candidacy, the person receiving the declaration shall issue a receipt for the filing fee to the candidate and shall show the date and time the declaration was filed on the face of the document.  Any information required to be given to the candidate by law, shall be delivered to the candidate contemporaneously with the receipt of the candidate’s declaration of candidacy.  The candidate shall acknowledge receipt thereof by signature on a proof of delivery itemizing the notices or documents delivered to the candidate.

Section 8.04        Declarations of Candidacy

Except as otherwise provided by law, Declarations of Candidacy shall be filed in person by candidates at the firehouse at the times set by Chapter 115, RSMo.  The candidate shall pay the filing fee and file the statement required by law along with proof of identity. Section 321.130.1, RSMo.  The declaration shall be substantially in the following form:

NORMANDY FIRE PROTECTION DISTRICT

DECLARATION OF CANDIDACY

I, _____________________________________________________________________,

(Insert name of candidate)

a resident and registered voter of the county of St. Louis and the state of Missouri, residing at ______________________________________________________________________,

(insert address of candidate)

do declare myself a candidate for the office of Director, on the Board of Directors of the Normandy Fire Protection District, to be voted for at the general municipal election to be

held on the __________ day of April, __________, and I further declare, on oath of affirmation, that if elected to such office I will qualify.

 

Signature of Candidate

 

Printed Full Name

Print Name as you want it to appear on ballot

Address

Mailing Address if Different

City and Zip Code

City and Zip Code

Subscribed and sworn to before me this ________ day of _______________, __________.

______________________________________________________________________

Signature of election official

Seal

CERTIFICATION OF ELECTION OFFICIAL

This is to certify that the foregoing declaration of candidacy was received on the date and at the time, and if applicable, in the random order number  indicated below, along with the filing fee of ___________________________ Dollars.

Date Filed

Time Filed

Random Order #

______________________________________________________________________

Signature of election official

Section 8.05        Place on Ballot

In the case of candidates who file a declaration of candidacy with the District prior to 5:00 p.m. on the first day for filing, the Secretary shall determine by blind random drawing the order in which such candidates' names shall appear on the ballot. The drawing shall be conducted so that each candidate may draw a number at random at the time of filing. Upon a candidate drawing a number, the Secretary or his/her designee shall record the number drawn with the candidate's declaration of candidacy. The names of candidates filing on the first day of filing for each office on each ballot shall be listed in ascending order of the numbers so drawn.  Any candidates filing after the first day, name shall appear on the ballot in the order of filing as provided by law.  Section 115.124.2, RSMo.

Section 8.06        Withdrawal of Candidacy

Anyone wishing to withdraw as a candidate, without court order, shall submit to the Secretary of the Board of Directors a notarized affidavit of withdrawal not later than 5:00 p.m. on the day preceding the last day to certify names of candidates to the Board of Election Commissioners.  Otherwise, said notarized affidavit of withdrawal shall be submitted to the Board of Election Commissioners not later than 5:00 p.m. on the last day for the Fire District’s Secretary to certify names of candidates to the Board of Election Commissioners of St. Louis County. Section 115.127, RSMo.  Withdrawal shall be substantially in the following form:

NORMANDY FIRE PROTECTION DISTRICT

WITHDRAWAL OF CANDIDACY

I, _____________________________________________________________________,

(Insert name of candidate)

a resident and registered voter of the county of St. Louis and the state of Missouri, residing at ______________________________________________________________,

(insert address of candidate)

do withdraw myself as a candidate for the office of Director, on the Board of Directors of the Normandy Fire Protection District, to be voted for at the general municipal election to be held on the __________ day of April, __________.

 

Signature of Candidate

 

Printed Full Name

 

Address

 

City and Zip Code

 

Subscribed and sworn to before me this ________ day of _____________, __________.

______________________________________________________________________

Signature of election official

Seal

CERTIFICATION OF ELECTION OFFICIAL

This is to certify that the foregoing withdrawal of candidacy was received on the date and at the time indicated below.

Date Filed

Time Filed

______________________________________________________________________

Signature of election official

Section 8.07        Certification of Names

The Secretary shall publish notice of election and certify the names of those persons having duly filed a declaration of candidacy, without duly withdrawing, on such forms as are required by the Board of Election Commissioners of the County of St. Louis, Missouri, and not later than the deadline provided by law. Section 115.127, RSMo.

Section 8.08        Oath of Office

A newly elected Director shall assume his/her duties at the first meeting of the Board of Directors after the election results have been certified by the Board of Election Commissioners of St. Louis County, provided he/she has taken the oath of office as provided by law.  The Director shall file his/her oath of office in the office of the circuit clerk of the county of St. Louis and shall be covered by a general officers and directors corporate surety bond for the district, paid for at the expense of the district, which shall be continuously on file with the circuit clerk and kept in force by the district.  Sections 321.160 and 321.210, RSMo.

Article IX.             AMENDMENTS TO BY-LAWS

Section 9.01        Procedure

Generally these by-laws may be amended, repealed, or altered, and new by-laws may be adopted at any regular meeting of the Board of Directors, or at any special meeting called for that purpose, by resolution of the Board.

Section 9.02        Effective Date

If the Board shall adopt such resolution, then the same shall become effective, ten days after the adoption of such resolution (but not including the day on which the vote is taken), unless otherwise stated in the resolution.

Section 9.03        Notice

Notice of intent to amend the by-laws shall be given as required by Chapter 610, RSMo.

Section 9.04        Revision of Book

Promptly after the adoption of any such resolution, the Secretary shall make a notation on the original copy of these by-laws, in his/her minute book, opposite the proper section, of amendment or addition thereto, or repeal thereof, as may be appropriate, and shall insert the text thereof at the end of these by-laws in such book; or in the alternative, the Secretary may print or publish the full text of the revised, and latest updated version of the By-Laws containing any and all amendments or changes to the By-Laws as of date of publication of the revision; and shall note the date of publication thereof.  Section 321.220(12), RSMo.

Article X.                DEFINITIONS

Section 10.01    “Board.”

Wherever, in these by-laws, the word "board" is used, it shall be construed to mean the Board of Directors of the Normandy Fire Protection District.

Section 10.02    “District.”

Wherever, in these by-laws, the word "District" is used, it shall be construed to mean the Normandy Fire Protection District.

Section 10.03    “Director.”

Wherever, in these by-laws, the word "Director" is used, it shall be construed to mean any person then qualified and acting as a member of the Board of Directors of the Normandy Fire Protection District.

Section 10.04    Words Denoting Persons

The use of the pronoun "him", “her” or any other reference to any person in these by-laws, shall not be construed to limit the holder of any office or staff position to persons of a particular sex.

Section 10.05    “Law.”

Wherever, in these by-laws, anything is directed to be done according to “law”, such word shall be construed to mean the Statutes of Missouri then in force.

Article XI.             ORDER OF BUSINESS

Order of Business. Business at regular meetings of the Board shall be transacted in the following sequence:

Call to Order

Roll Call

Public Comments, Correspondence and Petitions

Reading and Approval of Previous Meetings’ Minutes

Treasurer’s Report

Reports and Comments of Board Officers

Fire Chief’s Report

Reports and Comments of Other Officers, Consultants, Agents and Employees

Committee Reports

Ordinances

Resolutions

Old Business

New Business

Recess for Closed Meeting under Section 610.021, RSMo

Reconvening of Open Meeting

Recording Votes Made and Documents Approved During Closed Meeting Required to be Openly Recorded

Fixing date, time and place of next meeting

Adjournment

 

 

THESE BY-LAWS ADOPTED THIS 16th DAY OF APRIL, 2007.

_________________________________________________________

Joseph L. Washington, Chairman of the Board

Attest:

_________________________________________________________

Robert Edwards, Secretary of the District


Last updated: 5/9/2007 1:47 PM