By Laws

MONTVALE RESCUE SQUAD, INC.

By-laws

October 2007

Article 1.

a.. (Name)

This company shall be known as `Montvale Rescue Squad`, inc., a non-profit organization chartered under the laws and regulations of State and Federal law, and operated under the medical protocols of BREMS ( Blue Ridge Emergency Medical Services ) (or equivalent) .

b.. (Mission Statement)

To supply the highest quality care from qualified volunteers in providing Emergency pre-hospital medical treatments and transport, with integrity, compassion and efficiency.

c.. (Motto)

``Volunteering to help us all``

Article 2.

Membership

a.. (Membership)

While there shall exist one class of membership, this shall be sub-divided as herin listed. Nothing shall exist to allow, encourage or permit any bias, favor or discrimination on account of race, color, age, disability, sex or any other thing except as provided for under law.

b.. (Application to join)

Applicants shall be directed to Bedford County Fire and Rescue headquarters and submit themselves to the appropriate procedures as laid out for applications. This may include, but not be limited to, criminal background enquiries, references and any other criteria as required. On completion of this process successful applicants will present themselves to Montvale Rescue Squad for indoctrination as a probationary member. Procedures and protocols for potential recruits shall be controlled under the SOP`s, and as directed by Bedford County Fire and Rescue.

c.. (Process of joining)

1. Probationary membership shall commence from the first meeting attended following successful application process through Bedford County Fire and Rescue. At said meeting the squad shall vote for the applicant to be accepted under probationary status.

2. Probationary status shall continue until the probationary member has obtained EMT BLS (minimum) (or equivalent) certification and/or EVOC (or equivalent) and has been voted on at a scheduled business meeting.

3. Probationary membership cannot be extended beyond 1 year. Failure to become a full member within this time may result in a requirement to re-apply.

4. In accordance with SOG` s (section 2) the training officer shall arrange and process the probationary member through his/her probationary period.

5. A probationers status may be revoked at any time following any breach of SOG`s, conduct not becoming of a member (whether during duty time or not), or in the event of legal requirement under State or County regulations. A complete report involving use of this section shall be sent to Bedford County Fire and Rescue for their information ( as application process is partly made through them )

d. (membership classification)

Full membership status must fall under one of the following criteria-

1..Active membership. Attending calls as required under SOG`s, and attend required meetings unless reasonable excuse is given. To possess a minimum of EVOC (or equivalent) or EMT BLS (or equivalent) level. CPR or First responder level is below required levels.

2..Lifetime membership. When a member has completed 10 years service and remained in good standing as would allow the member to become a lifetime member. Lifetime members remain subject of codes of conduct.

The under noted membership statuses have limited rights as specified under the SOG`s-

3. Probationary Membership. Probationary members do not have the right to vote.

e.. (ancillary memberships)

It shall be permissible to have, operate and develop both a Junior membership and Auxiliary membership ancillary to regular membership, with separate sog`s, rules and regulations as may bee seen fit and listed within squad sog`s.

Article 3

General Provisions of all crew members.

1...(protocols)

Members of Montvale rescue squad shall be subject of BREMS (or equivalent) protocols, Bedford County Fire and Rescue regulations and the governing laws of Virginia, including any equivalent subsequent laws.

2..(compensation)

Members shall be volunteers. Compensation as provided for under SOP`s and governing Bedford County regulations may be permitted.

3. General Definitions

a.. (squad rules)

Where SOG`s (also commonly known as SOP`s- Standard operating Procedures) are referred to this means the current posted Standard Operating Guidelines of the rescue squad. SOG`s shall be posted at the Rescue Squad building in such a manner to be readily available to any member for guidance, and shall be amended as is necessary.

b. (squad terms)

``Montvale Rescue Squad``,`` Crew members``,`` MRS``, ``the squad``, etc all refer to this institution consisting of all grades of membership, its board of directors and to items, property and any other affiliated thing identifying it as part of Montvale Rescue Squad, inc.

c. (medical terms)

EMS is defined as Emergency Medical Services. EMT is defined as Emergency Medical Technician. EVOC is defined as Emergency Vehicle Operator Certificate. BLS, ALS, ACLS, ST, P, etc, all have the corresponding meanings as assigned in the state certification and this constitution and by-laws recognizes the definitions or their equivalent accordingly.

d. (protocol authority)

BREMS (Blue Ridge Emergency Medical Services) is identified as the governing medical protocols authority but may be defined by any future equivalent authority.

e. (vehicles)

Emergency vehicle shall have the definition as per State Code.

Article 4

Use of Squad Building, equipment and vehicles.

1.. (use of squad building)

The squad building may be used by a crew member for a recreational purpose providing he has permission from the captain or sergeant - AND such use does not interfere with general Squad operations. There may be such conditions and limitations as per SOG`s. Due respect should be given to any insurance exclusions and the general efficiency of the squad for use of the building in any manner.

2.. (use of equipment)

All Rescue Squad equipment shall be used only by qualified members in the act of their duties, for training or for repair.

3.. (use of squad vehicles)

All vehicles shall be used in accordance with governing law, and within the constraints laid out in the SOG`s. Special use shall be defined as non-medical response, including stand-by duties, school visits, etc. Only EVOC members may operate any Montvale rescue squad vehicle, whether classified as an Emergency vehicle or not.

4.. (damage to property)

If any crew member becomes aware of damage or failure of any equipment, vehicle or other Squad item they shall as soon as reasonably practicable report same to the appropriate officer.

Article 5

General Provisions affecting all members

1.. (call duty)

Active crew members shall avail themselves for call duties on the specified dates as is notified, and are directly under the supervision of that team leader. Discretionary dispensation can be granted by team leaders on an individual basis for a short term.

2.. (Ride along scheme)

The ride-along scheme is to provide an opportunity for non-members to accompany a team on a call. Bedford County protocols shall be adopted for the ride-along scheme.

3. (responsibility)

It shall be each and all crews` collective responsibility to make effort to maintain an efficient and well-run rescue squad. Cleaning of equipment, vehicles and building shall fall upon each member regardless of status or rank.

4.. (enquiry unit)

In accordance with SOG`s the officers shall form the enquiry unit. Three officers shall form a specific enquiry team. Actions, enquiries and disposals shall be in accordance with enquiry protocols as stated within these by-laws and SOGs.

5.. (return of property)

Upon resignation, retirement or losing active membership for any other reason the crew member shall, upon demand, be responsible for the return of all and any Montvale Rescue Squad equipment and clothing held by that person.

6.. (declaration-new members)

Upon initiation of probationary status each new crew member shall sign by declaration that the constitution, by-laws and SOP`s and any amendments therein of Montvale rescue squad shall be binding and that person by signing affirms to abide by said rules accordingly. Refusal to accept the terms and sign accordingly shall prohibit membership.

7.. (working standards for change-SOG)

SOG (Standard Operating Guidelines) may be altered with a majority vote providing a quorum of 10 is present.

8.. (quorum for general meetings)

A quorum for regular meetings, and general business shall be a minimum of 10 voting members.

9.. (major vote)

A major vote ( elections or major event ) or a mandatory meeting shall be in accordance with SOG`s.

10.. (authority of Board)

In accordance with the terms of incorporation the board of directors may nullify, countermand or reject any act by the crew members which can be shown to have a likely or potential detrimental effect on the Squad.

11.. (board guidelines)

The board of directors shall not assume responsibility for the general operations of the squad, or take any proactive supervising role. Nothing however shall prohibit a board member from examining any document, article or other thing- or from taking such enquiries as would be reasonable, to ensure the proper operations of the squad, and to maintain its good standing in the community. The board may at its discretion make any audit or enquiry into any matter deemed by them to be likely to have a detrimental effect on the general well-being of the squad as a whole.

In the event of the board concluding that action is required to be taken against any squad member then it may demand the resignation, suspend, or terminate the membership of any crew member or officer.

Such procedure shall be within the guidelines as per the SOG`s .

12...(Merit scheme)

Within the SOG`s, each crew member who attains the required number of calls in a year shall be entitled to a merit benefit. Recognition of service awards shall be as stated in the SOG`s.

A merit award and recognition of non-members may be carried out where held appropriate by a vote at a monthly meeting.

Article 6

Code of conduct and enquiry unit

An infraction of SOP`s and any conduct likely to bring detriment to the Squad in general, and in some occasions whether the member was on or off duty at the time, may constitute grounds of complaint.

1.. (Standards of behavior)

All members are expected to conduct themselves with integrity, trustworthiness and dignity in such a manner that brings respect on the squad from others. Crew members shall be held responsible for any guest (s) they may have.

2.. (authority of enquiry unit)

All crew members shall be subject of SOG`s and subject themselves in accordance with these regulations to an approved enquiry relative to them.

3.. (formation of enquiry team)

Any THREE officers may form an enquiry team or unit in response to any complaint made against a crew member or officer.

(a) An officer may stand down from acting on an enquiry unit if he can show-contra interest.

(b) The member under enquiry may not chose which officers shall conduct the enquiry.

4.. (time allowed for initial enquiry)

A decision from an enquiry unit to further any discipline proceedings, or to conclude discipline proceedings may be made at any time and no later than FOURTEEN days from the date of complaint.

5..(Notification to member)

Any enquiry into a named officer requires that officer to be informed of the complaint.

6.. (initial findings open to the enquiry unit)

a- No findings or no foundation to complaint.

b- Further enquiry is required.

c- A finding of minor incidence requiring no further action, and concluded with a warning only.

d- A finding of substantive misconduct or act.

(substantive misconduct is defined as likely to cause harm to another, a crime, or conduct liable under BREMS, Bedford County or State regulations as to likely induce action by them).

7.. (Suspension)

In the case of (d) above, the crew member may be immediately suspended by the enquiry unit, pending a full enquiry.

8. (time limit for suspension)

Such actions require to be concluded within THIRTY days from the date of complaint, unless justifiable delay is shown.

9. (crew member rights)

The crew member may call upon any witnesses and present evidence to the enquiry unit,

and may be represented by another in the presence of the crew member.

10.. (disposal of complaint)

The enquiry unit may dispose of a complaint found under 6 (d) in the following-

a- No action taken

b- Warning given (all warnings are written and recorded).

c- Suspension of certain privileges (including but not limited to prohibition of use of building, removal of crew radio, key, etc.)

d- Dismissal.

11.. (First appeal)

a.. Any and all crew members retain the right of appeal. The first appeal shall consist of representation from the crew member (and if applicable, his representative) to the membership.

b.. At the first appeal hearing one ore more original enquiry unit officers shall seek binding of their findings while the crew member or his appointee shall defend the complaint.

c.. All findings shall be of secret vote. The membership shall vote only as to retain or dismiss the member.

d... A record of any proceedings requiring a hearing may be reported to Bedford County Rescue for their records, and recorded in the crew members record for no less than FIVE YEARS.

The purpose of this is to respect that Bedford County have a responsibility in the application process of each member and should be appraised of information relative to an individual who may apply for a separate rescue squad under their procedures.

e.. While all enquiries and findings shall be confidential a report may be made to the crew members under circumstances that would reasonably require explanation to the crew of non Sub-judicia matter which is likely to negatively effect the well-being of the squad.

(sub-judicia is defined as a legal process not concluded)

While the captain is not required to participate in any enquiry proceedings, he/she may monitor the process and be present at any stage providing there is no conflict of interest or objection from the crew member or enquiry unit member.

12.. (standards of enquiry)

Nothing herin shall purport to remove any rights, constitutional or otherwise, from any member and all enquiries shall be carried out with professionalism, compassion and properly recorded to ensure no improper procedures were carried out.

13.. (second appeal)

A crew member may ultimately seek board vote for retention in the squad.

This is the second and final appeal. The board shall vote in secret ballot following a notification from the Captain (or other officer if the Captain has a contra interest) giving a minimum of ONE WEEK `s notice by use of telephone/notice board/pager communication/verbally or by mail/email. The board can only vote on retention or dismissal and the vote shall be carried out as per SOG`s.

Article 7

Officers and board members.

Board of directors

1.. (Number and make up of board)

The board of directors shall consist of 6 members, with a maximum of 3 crew members.

2.. (purpose)

The board shall exist to assure the long-term viability of the squad in its service to the community and have ultimate responsibility over finances accordingly.

3. (Election of board officers)

Board officers shall be elected by the board. Crewmembers cannot also serve as chairman or vice-chairman on the board.

4...(Crew officers)

Crew officers are listed in descending order of rank.

a...Captain

The captain shall have supervisory responsibility over all operational matters concerning the rescue squad, including but not restricted to record keeping, operating efficiency, representation of the squad, etc. The captain shall assist other officers, members and outside agencies, be responsible and assist in fund-raising, advertising and all matters relating to legislative obligations by the squad. The captain shall assume responsibility for incoming mail on a regular basis, and responses and replies as well as all necessary outgoing mail. The captain shall be responsible for the proper record keeping relative to call sheets/records, vehicle maintenance and equipment servicing etc. Nothing herin shall prohibit the captain from delegating specific tasks to other crew members in accordance with any SOG`s.

The captain shall not be a permanent member of a call team. He/she may attend any call at any time in order to remain familiar with each team, assure appropriate dispersion of resources and assess performance of the squad as a whole.

b...First lieutenant

The first lieutenant shall assist the captain in all duties as listed in SOG`s, but may be associated with a crew team.

The first lieutenant shall become acting captain in the unforeseen absence of the captain. This principle follows down the line of officers as listed herin.

c ...Second lieutenant in charge of vehicles

The lieutenant in charge of vehicles shall have responsibility over the proper and legal workings of all vehicles operated by the squad. This is to include, but is not restricted to Vehicle maintenance, repair, cleaning, etc.

d...Second Lieutenant in charge of equipment

The lieutenant in charge of equipment shall be responsible for all medical equipment carried on vehicles or used by crew members, including consumables.

(Both lieutenants shall liaise with the treasurer to make effort to obtain grant funding whenever possible for any vehicle/equipment needed.)

e... Sergeant

The sergeant is in charge of the rescue squad building. Responsibilities include but are not limited to the general cleaning and maintenance of the building, ensuring proper display of legal documents, calendar, SOP`s, etc., to arranging stock of general goods used in school visits, etc, the organizing of recreational activities, etc.

f...Training officer

The training officer shall be responsible for maintaining adequate ongoing training for crew members, and for steering probationary training.

g..secretary

The secretary shall be responsible for recording designated meetings, the keeping of minutes, recording of enquiry hearings (and therefore exempt from taking part), and liaising with the appropriate officers and crew regarding correspondence received.

All official outgoing mail shall be the responsibility of the secretary.

h..Treasurer

The treasurer shall have sole financial control over all monies used or available to the crew members in the operating of the squad. He/she shall assure all legal bills are paid, all donations are recorded and receipts given. The treasurer shall make written financial reports, annual reports and maintain all bank records, retain receipts, and account for monies as would be accurately possible.

Nothing shall prohibit an officer from producing a proper receipt for any item or services.

The officers and board may agree to nominate an assistant to the treasurer.

i...Historian

The historian shall be responsible for retaining records of interest pertaining to the squad. An ongoing record and photographs shall be maintained for future references.

j...councilor

Formerly known as `chaplain` this post shall include the duties formally associated with chaplain, and in addition now include assisting any member with difficulties, carrying out home visits, sending of flowers, assisting officers and acting in the interests of members who are experiencing difficulties. The counselor may act as catalyst to any other services deemed appropriate for a member.

k.. Public relations officer

The public relations officer shall pro-actively communicate in a positive manner with media, actively form plans to enhance membership and promote the general image of the rescue squad.

5... (officer accounts)

Each officer may use funding up to a pre-determined limit in any month to allow them to fulfill their responsibilities as required in these regulations and the SOP`s.

Nothing shall prohibit an officer from producing a proper receipt for any item or services.

The officers and board may agree to nominate an assistant to the treasurer.

Article 8

Voting

1.. (quorum)

A quorum shall consist of a minimum of ten voting members.

2. (number of votes needed to carry)

To carry a vote a majority carrying is required..

3....(election rules)

a....Elections for officers of the crew shall be held in December, annually.

b...In accordance with SOG`s nominations are made from the floor in the NOVEMBER meeting.

c...There does not require to be a nominating committee. Nominations will not be accepted after the NOVEMBER meeting.

d...Members may only run for one post.

e...persons retiring from any officers post shall pass on any documentation, information and give such assistance as would be proper to the newly elected officer who will take office in the January meeting.

f...special rules

Any member who is incapacitated and unable to attend the election meeting in December may elect to vote by ballot paper (Proxy vote). The chairman of the board or his designee shall provide the member with a ballot paper prior to the December meeting and following the member indicating his/her votes seal the vote and present the sealed vote at the December election meeting. Said envelope shall be tamper proof and be opened at the meeting. The vote in the ballot paper shall not be disclosed and will be placed in the ballot box as with those from members who are present.

Article 9

Records and amendments to by laws

1... (records)

A copy of every version of the By-Laws and any amendments shall be kept in accordance with S.O.G.`s..

2.. (amendments)

Amendments to existing by-laws may be completed providing that -

a... a major vote has been declared with at least 1 (one) month notice being given to membership.

b... The opportunity to discuss any proposed change(s) has been allowed, including any committee recommendations (if applicable).

c.. A secret ballot vote to which due notice has been given is made

d.. A majority of 75% (seventy five per cent) of the voting members agree to the change.

This document forming the By-Laws of Montvale Rescue Squad shall be displayed at all times within the MRS building so as to be available to any member for references, and shall be subject of its Terms of Incorporation and SOG`s (as amended).