Bylaws and constitution

 

CONSTITUTION

 

The following By-Laws and Constitution of the New Hampshire State Firemen’s Association were passed by Convention vote on, October 19, 2013 in Bartlett, New Hampshire, and will become effective as of October 19, 2013, as recorded in the minutes of the Annual Convention business meeting.

 

ARTICLE I

Name

 

This Association shall be known as the New Hampshire State Firemen’s Association.  New Hampshire State Firemen’s Association is maintained as our traditional and historical name.  The firefighters who are the members of this Association maintain this historical name without any bias or discrimination based upon race, creed, color, sex or any other aspect of cultural diversity.

 

ARTICLE II

Officers

 

Section 1.  The officers shall be members of this association and shall consist of the following positions and terms

 

President 3-year term

1st Vice president 2- year term

2nd vice president 2-year term

Secretary 3-year term

Treasure 3-year term

Public relations Officer 2- year term

Sergeant-at-arms 1-year term

10 county representatives (1 from each county) 3-year term

 

Election of Officers shall take place at each annual meeting of the Association, by ballots. The Election shall be by majority vote.

 

The county representatives must be a member or retired member of a fire department in said county. The term of the 1st vice president and secretary would be up for vote in the even years (example 2008) and the term of the 2nd vice president and treasurer would be up for vote in the odd years (example 2009). The term of the county representatives would be every year as there would be 3 or 4 positions up for vote.

 

In the event that no member from a given county runs for that county representative position the Executive Committee shall have the authority to appoint any member in good standing to that position to fill the remainder of the term.

 

The vice presidents shall have voting rights. The president would be the tie-breaking vote.

 

Election of Officers shall take place at the annual meeting of the Association, by ballot. The election shall be by majority vote.

 

 

 

 

ARTICLE III

Duties of Officers

 

Section 1.  The President shall be ex-officio, a member and chairman of the Executive Committee. It shall be the duty of the President to preside over all meetings of the Association, sign all orders drawn on the Treasurer and call special meetings when requested by a majority of the Executive Committee, or when the President deems a call of the Association necessary, at such times as the President or the committee shall directThe president shall be responsible for coordination and representation of legislative matters.

The President shall respond to and coordinate the directives of a majority of the Executive Committee.

 

Section 2.  The First Vice-President shall perform the duties of the President in the President’s absence and shall countersign all checks issued by the Treasurer.  The First Vice- President shall perform additional duties as assigned by the president.

 

Section 3.  The Second Vice-President shall perform the duties of the President or First Vice-President in their absence as well as additional duties as assigned by the President.

 

Section 4.  The Secretary shall act as Secretary of the Executive Committee, without voice in the proceedings.  It shall be the duty of the Secretary to keep a complete record of the proceedings of the Association and of the Executive Committee,  to receive and answer all communications pertaining to the Association; to collect all monies due the Association and turn same over to the Treasurer prior to the end of the fiscal year (July 31); to make a full report at the annual meeting of the Association of its conditions; and shall execute a bond to the President in the sum of $3,000.00 to be approved by a majority of the Executive Committee.   The books of the Association shall be closed at the end of the fiscal year (July 31 of each year).  The Secretary shall perform other duties as assigned by the President with approval of the Executive Committee.  The salary of the Secretary shall be $4,000.00 per annum.

 

Section 5.  It shall be the duty of the Treasurer to receive all monies belonging to the Association from the Secretary; to make a full report at the annual meeting of the Association of all monies received and disbursed; shall execute a bond to the President in the amount equal to the monies in the Treasury at the beginning of each fiscal year (August 1) to be approved by a majority of the Executive Committee.  The books of the Association shall be closed at the end of the fiscal year (July 31 of each year).    The Treasurer shall perform other duties as assigned by the President with the approval of the Executive Committee. The salary of the Treasurer shall be $1,000.00 per annum.

 

Section 6.  It shall be the duty of the Executive Committee representatives to be the face of the association and to be the primary contact and the decimator of information for the member departments of their respective county.  Authorize the contracting of all debts and provide means for their payment; to audit all bills against the Association; to fill all vacancies in any office; to name the location of the annual convention; and they shall have the power to instruct the President to call special meetings and to bring forward other business for the association to the President.   A majority of the committee shall constitute a quorum for the transaction of business.

 

It shall be the primary duty of the Executive Committee representative to visit each member department in their county at least twice during their three-year term of office with annually being preferred.  Also, they shall visit at least two non-member departments in their county during their three-year term of office to encourage membership in the Association.

 

Section 7.  It shall be the duty of the Sergeant-At-Arms to prevent anybody other than special guests or members in good standing from occupying seats at the convention and to check the credentials of  members.  The Sergeant-At-Arms can appoint his assistants, subject to the approval of the President. The Sergeant-at arms shall perform other duties as assigned by the President with the approval of the Executive Committee.

 

Section 8.  The Public Relations Officer is responsible for public relations of the Association and other duties as assigned by the President with approval of the Executive Committee.

 

Section 9.  Elected or appointed officers or committee members shall be subject to impeachment in the event of negligence of their duties, violation of the by-laws, or violation of State or Federal laws.  Impeachment will occur by a majority vote of the Executive Committee.

 

 

ARTICLE IV

Meetings

 

Section 1.  The annual meeting of the Association shall be held on a date to be named by the Executive Committee at such place as the Executive Committee may designate.

 

Section 2.  The Executive Committee shall meet at such time and place as they may decide, on a call of the majority of the members, or of the President.

 

Section 3.  The President, Vice-Presidents, Secretary, Treasurer, Sergeant-At-Arms, Executive Committee members, Public Relations Officer, Representative to the New Hampshire Fire Standards and Training Commission, representatives to the Length of Service Awards Program and any other committee appointee as approved by the Executive Committee shall be paid $20.00 per day and expenses, when attending meetings or on Association business.  They shall be reimbursed at the rate allowed by the Internal Revenue Service, to and from the place of the meetings.

 

Section 4.  That a registration fee of twenty dollars ($20.00) be assessed to all members of the Association and their guests(s) attending the annual convention; the monies received from the registration fee shall be applied toward the convention expenses. Pre-registration shall be required.  A separate fee shall be charged for all meals held at the annual convention.

 

Section 5.  That all reasonable expenses incurred pertaining to the convention (subject to the approval of the Executive Committee) shall be paid by this Association; that a two thousand dollars ($2,000.00) advance be forwarded to the appropriate authority hosting the convention to be applied toward the expenses. The host community shall provide a documented accounting of the convention to the Association Treasurer by October 31.

 

Section 6.  This Association shall have full power at any annual meeting to alter or revise the Constitution and By-Laws by two thirds (2/3) vote of the members vote cast, notice having been served to the Secretary of such intended action not less than ninety (90) days previous to holding of the meeting.

That the Secretary will forward each Member a copy of the Proposed changes which are to be presented for vote at the annual convention.  The Secretary shall forward notification of these proposed changes at least sixty (60) days before annual meeting date.

 

ARTICLE V

Membership

 

Section 1.  Association Members shall be at least eighteen (18) years of age.

 

Section 2. The membership of this Association shall consist of any member or retired member of a fire department in any of the counties in New Hampshire. Membership in the Association requires the Member to have paid the annual dues and to be listed on the Official Roll. Each fire department is responsible to fill out and return the official roll to the secretary on or before August 1st each year.  Ex-members may become member by paying annual dues and sending their names to the Secretary.  Any firefighter who has been a member of this Association and who has been retired from their department shall be entitled to remain an active member by payment of the annual dues and shall be entitled to hold office in the Association.  All elected Officers shall be entitled to claim benefits, if injured while in the performance of their elected duties.

 

Section 3. All members in good standing (dues paid up to date) shall have voting privileges at the annual meeting.

 

Section 4.  That any retired member with at least fifteen (15) years of service be given an honorary life membership card; honorary members shall not hold office nor acquire the right of voting.

Section 5.  Members in good standing called to military duty shall have dues waived during their activation and remain on the official roll as members.  Upon return to fire service duty, the members shall not be required to pay dues until the next fiscal year of the Association, but will be eligible for full benefits of the Association upon return to duty.”

 

Section 6.  Membership shall be offered to individuals or entities that support the objectives of the New Hampshire State Firemen’s Association.  Any advocate member must be approved by the Executive  Board.  Advocate members shall have all the rights and privileges of floor discussion, and to make suggestions.  They shall not hold any elected office or appointed position.  They may, however, due to their expertise, be asked to serve as a technical consultant or advisor to any committee or elected or appointed official.  They shall not have the right to vote or to make motions or seconds to motion.

 

 

ARTICLE VI

Dues

 

Section 1:  The annual dues of the association shall be twenty dollars ($20.00) per member, due August 1 each year.   This payment shall be submitted with the Official Roll listing the paid Members.  Annual dues must be paid by August 31.  Members not paid as of August 31 shall be removed from the Official Roll.

 

New Members requesting to be added to the Official Roll outside of the billing cycle shall have dues prorated to the nearest calendar quarter.  Five Dollars ($5.00) for each quarter.  This shall not apply to members who were on the Official Roll for the previous year.

 

Section 2:  No Claim shall be considered if the dues are not paid

 

Section 3.  The annual dues to the NH State Firemen’s Association for an Advocate Member will be one hundred twenty five dollars ($125) per year.

 

 

 

BY-LAWS

 

  1. The presiding Officer shall preserve order and decorum. The President shall decide all questions of order.
  2. No member shall vote on any question in which they have a direct pecuniary interest.
  3. The President shall not vote unless in case of a tie vote.
  4. If any member demands it, the ayes and nays shall be taken and entered upon the minutes of the convention meeting.
  5. All business not provided for in these By-Laws and Constitution shall be transacted according to the Roberts Manual.

 

RULES AND REGULATIONS

The following are the Rules and Regulations as submitted to and approved by the Governor and Council, in accordance with the Act of 1898, providing for the payment to the Association of $6,000.00 annually out of taxes received from foreign fire insurance companies.

 

 

ARTICLE I

 

Section 1.  All firefighters (being 18 years of age or older) known as “Call Firefighter” or “Volunteer” Firefighter belonging to Companies or Board of Engineers, who are members of the New Hampshire State Firemen’s Association and entitled to the benefits of this fund, as provided by “An Act in amendment of Section 14 of Chapter 169 of the Public Statutes of New Hampshire,” relating to the tax of foreign insurance companies, and providing relief for ill or injured or disabled firefighter, who may be ill or injured in the performance of their duty while going to, working at, or returning from a fire, or in the performance of any duty or service as a firefighter, shall receive benefits from this fund as follows:  At the rate of ten dollars ($10.00) for each day while unable to attend to their ordinary business by reason of such illness or injuries.  Such benefits arising from illness or injuries received in the performance of their duty shall not continue longer than one-hundred days from the date of said illness or injuries.  But the Executive Committee may extend such benefits by a two-thirds vote of the Board, if the amount of the funds at that time will permit it.

Section 2.  All Firefighters (being 18 years of age or older) known as “permanent firefighters” belonging to Companies or Boards of Engineers, who are members of the New Hampshire State Firemen’s Association, who may be ill or injured on the performance of their duty while going to, working at or returning from a fire, or in the performance of any other duty or services as a firefighter, shall receive benefits from this fund as follows:  At the rate of ten dollars ($10.00) for each day while unable to attend to their regular duties as a firefighter by reason of such illness or injuries.  Such benefits arising from illness or injuries received in the performance of their duty shall not continue longer than one-hundred days (100) from the date of said illness or injuries.  But the Executive Committee may extend such benefits by a two-thirds (2/3) vote of the Board, if the amount of the funds at that time will permit it.

Section 3.  If a firefighter who is a member of a Company or Board of Engineers belonging to the New Hampshire State Firemen’s Association is killed in the performance of their duty in going to, working at, or returning from a fire, or in the performance of any other duty or service as a firefighter, the sum of four thousand dollars ($4,000.00) shall be paid to their beneficiary.  If a firefighter so killed shall leave a child or children less than sixteen (16) years of age, the sum of sixty-five dollars ($65.00) per month shall be paid to the guardian of each so left, in monthly payments until such child reaches the age of sixteen (16) years.

 

ARTICLE II

 

Section 1.  All applicants for benefits from this fund must be made to the Secretary of the New Hampshire State Firemen’s Association, and be acted upon by the President and Executive committee of the Association, in accordance with these rules and regulations provided.

If there be any questions as to the justness of a claim for benefits, the President may direct a member of the Executive Committee or the Secretary to investigate such claim and report their findings to the Executive Committee at the following Meeting.

Section 2.  All claims for benefits from this must be drawn by the Clerk of the Companies or Board of Engineers of which the ill, injured, or deceased is or was a member endorsed by the Officer in charge of the Company and the Chief of the department, and be accompanied by either the provided certificate of attending physician or the physician, hospital, or clinic diagnosis or discharge forms.  All Claims for benefits must be made and the “Notice of Illness or Injury” form returned to the Secretary within sixty (60) days of the date the illness or injury incurred in the performance of duty.  The Executive Committee may extend this time if good cause for delay is shown.  No claim will be considered is the claimant’s name is not on the Official Roll of the New Hampshire State Firemen’s Association.

Section 3.  All decision of claims by the Executive Committee will be final.

Section 4.  All expenses of the Administration of this fund must be borne by the New Hampshire State Firemen’s Association.

 

 

 

 

ARTICLE III

 

Section 1.  The Executive Board of the New Hampshire State Firemen’s Association shall be authorized to enter into a contract with an insurance company.  Said contract shall provide pecuniary benefits equal to or greater than those listed in Article 1 and article II.

Section 2.  The contract may be for all or any part of the pecuniary benefits listed in Article I and Article II.

Section 3.  Said contract, while in effect, will be provider of the pecuniary benefit listed in the contract.

Section 4.  Application for said benefits shall be pursuant to the contract negotiated by the Executive Board of the New Hampshire State Firemen’s Association.  Said application for benefits noted in Article II, Section 2 may be modified by the Executive Board as necessary to procure a more beneficial pecuniary benefit.

 

LISTING OF CURRENT BENEFITS

 

When an illness or injury occurs in the line of duty, a member is entitled to the following benefits, providing the claim is in compliance with the Rules and Regulation of the New Hampshire State Firemen’s Association.

 

 

 


 

THE STATUTES

The following are the New Hampshire statutes of incorporation and providing for the relief of injured firemen:

AN ACT

TO INCORPORATE

THE NEW HAMPSHIRE STATE FIREMEN”S ASSOCIATION

 

Be it enacted by the Senate and House of Representatives in General Court convened:

Section 1.  That Thomas W. Lane, Frank M. Friselle, James L. Brock, Fred W. Bond, George Thompson, and their associates, successors, and assigns be, and hereby incorporated and made a body politic by the name of the New Hampshire State Firemen’s Association, and under that name shall be vested with all the powers and privileges and subject to all the liabilities of corporations of a similar nature, and may hold and possess real estate and personal property for the purpose of said corporation and sell and convey the same at pleasure.

Section 2.  It may also receive funds from any source and hold dispose of the same as trustees for the benefit of the firemen disabled while on duty as firemen, and of the dependent mother, widow or children of any fireman whose death was occasioned by injuries received while in the line of his duty as fireman.

Section 3.  The purposes which said organization is incorporated are:  To form a more perfect organization, establish harmony of action, ensure prosperity and success, provide pecuniary support, secure protection, and promote the best interests of the firemen of New Hampshire.

Section 4.  Any three (3) of the persons named herein may call the meeting of said corporation by giving notice to each of the others at least one week prior to such meeting.

(Approved March 8, 1899.)

FIREMEN’S AID

Revised Statutes Annotated, Chapter 402, Sections 66 to 71:

  1. Relief Fund. Six thousand dollars ($6,000.00) of the amount received as such tax (tax on foreign insurance companies) shall annually be set apart by the State Treasurer, and kept distinct from all other funds, and shall be known as the Firemen’s Relief Fund.

The above was amended in 1973, to read as follows:

Amended:  R.S.A. 402:66 – Relief Fund H.B. #284 – An Act increasing the Firemen’s Relief Fund.

Be it enacted by the Senate and House of Representatives in General Court convened

  1. Increasing amount of taxes paid into fund. Amend R.S.A. 402:66 (supp.) as amended, by striking out in line one the word “four” and inserting in place thereof the following (six) so that said section as amended shall read as follows:  402:66 Relief Fund.  Six thousand dollars ($6,000.00) of the amount received as the taxes imposed by R.S.A. 400-A shall annually be set apart by the State Treasurer, and kept distinct from all other funds, and shall be known as the Firemen’s Relief Fund.
  2. Effective Date: This act shall take effect sixty (60) days after its passage.

 

Approved and signed into law, June 19, 1973:

  1. Expenditure. Such fund, in the month of May after its receipt shall be paid over, upon the order of the Governor, to the Treasurer of the New Hampshire State Firemen’s Association, as trustee, and shall be devoted to and paid out for, the relief of any fireman injured or disabled in the discharge of his duty as a fireman, who is a member in good standing in any regularly organized town or city fire company in this state belonging to said Association and who is himself a member of said Association, and for the relief of the dependent parent, widow or children of such fireman; said sum of six thousand dollars ($6,000.00) to be in full for any appropriation for any one year.
  2. 68. Additional Relief. In addition to said Firemen’s Relief Fund, in the event of the depletion of the treasury of the New Hampshire State Firemen’s Association below the amount necessary to meets its obligations, the State Treasurer shall, having received a certified statement of such condition from the Treasurer of said Association as trustee a sum not to exceed two thousand dollars ($2,000.00) annually.
  3. Exemption. The money due a fireman, or in case of his death, his parents, widow or children, by reason of any rule or by-law of said Association, shall be exempt from attachment or trustee process.
  4. Regulations; Reports. The New Hampshire State Firemen’s Association shall make and observe just and equitable rules, by-laws and regulations for the proper apportionment and disbursement of such fund, subject to the approval of the Governor and Council.  It shall, through its President and Treasurer, make a full and detailed report of its disposal of such fund and file the same with the Secretary of State in the month of May annually.
  5. Definitions. The word “fireman” as used in this subdivision shall be construed to include any woman member of such fire company and of such Association and the word “widow” as used therein shall be construed to include the widower of any such woman member.  (Laws 1943, C. 169)

PENSIONS

Revised Statutes Annotated, Chapter 31, Sections 57 to 59.

  1. Towns may grant pensions to any fireman, police officer, or constable, who, by reason of permanent disability directly incurred in the performance of his official duty, is no longer able to perform services in such capacity, or who has served faithfully, for not less than twenty-five years; provided that no pension shall be granted for more than one year at a time.  The maximum amount of such pension shall be in the case of a permanent man one-half the pay received by him at the time of his retirement or disability, and in case of a part-time man, call man, or special man, five hundred dollars ($500.00).
  2. Adoption of Provisions. Any town may adopt the provisions of the foregoing section by a major vote of the legal voters thereof at any regular election duly warned and holden therein the warrant for which due notice is given of the intention to act upon the matter.  At such election the following question shall be submitted to the voters:  “Are you in favor of adopting the law to provide a pension for firemen, police officers, and constables?”  Said provisions may be adopted by any city of major vote of the city councils.
  3. Administration.  When such provisions have been adopted the city councils of the city or the selectmen of the town shall thereafter, under such regulations and restrictions and subject to such provisions as they may by vote or ordinance prescribe, grant pensions as herein authorized. R.S.A. 154:31-34.