BYLAWS OF THE
NORTHEAST AMBULANCE & FIRE PROTECTION DISTRICT
TABLE OF CONTENTS
Section
2.01 Number and Qualifications
Section
3.02 President of the District
Section
3.05 Budget & Finance Officer
Section
3.06 Administrative Secretary
Section
3.10 Appointed Officers
Section
3.11 Director Serving as Staff
Section
3.12 Director’s Work Time
Section
3.13 Personnel Attendance at
Directors' Meetings
Section
4.02 Independent External Auditor
Section
4.03 Professional Firefighters and
Ambulance Attendants
Section
4.04 Administrative Support and
Clerical Staff
Section
4.05 Website Administrator
Section
4.06 Advisory Committees
Section
5.12 Central Dispatching Center
Section
5.14 Employee Benefit Plans
Section
6.08 Records and Numbering
Section
8.01 Conduct of Elections
Section
8.02 Election Authority
Section
8.04 Declarations of Candidacy
Section
8.06 Withdrawal of Candidacy
Section
8.07 Certification of Names
Article
IX. AMENDMENTS TO BY-LAWS
Section
10.04 Words Denoting Persons
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.
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.
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
Two members of the Board of Directors shall constitute a quorum, at any meeting. Section 321.200, RSMo
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
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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
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.
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).
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.
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.
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.
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.
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.
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.
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.
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).
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.
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).
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Bonds issued by the district
shall be so issued and managed as provided by law. Section 321.340, RSMo.
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.
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.
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.
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.
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
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.)
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.
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.
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.
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.
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.
Elections for Directors shall
be conducted as provided by Chapter 115, RSMo
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.
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.
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
(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.
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Signature of Candidate |
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Printed Full Name |
Print Name as you want it to appear on ballot |
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Address |
Mailing Address if Different |
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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.
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Date Filed |
Time Filed |
Random Order # |
______________________________________________________________________
Signature of election official
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.
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
NORMANDY FIRE PROTECTION DISTRICT
WITHDRAWAL OF CANDIDACY
I, _____________________________________________________________________,
(Insert name of candidate)
a resident and registered
voter of the
(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, __________.
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Signature of Candidate |
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Printed Full Name |
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Address |
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City and Zip Code |
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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.
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Date Filed |
Time Filed |
______________________________________________________________________
Signature of election official
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.
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.
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.
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.
Notice of intent to amend the
by-laws shall be given as required by Chapter 610, RSMo.
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.
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.
Wherever, in these by-laws, the
word "District" is used, it shall be construed to mean the Normandy
Fire Protection District.
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.
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.
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.
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
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
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