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The

ATLANTA
VOLUNTEER
FIRE DEPARTMENT INCORPORATED

BY-LAWS
Revised and adopted by majority vote of the board this 16th day of August 2017.

Certified by Board Chairman (signed)
___________________________________

Attested by Secretary (signed)
_________________________________________

Article I

Section I. The Organization

This organization shall be known as the Atlanta Volunteer Fire Department, Inc. (AVFD). The
AVFD is organized under the laws of Missouri, and is a not-for-profit corporation. The
department is recognized by the Missouri Secretary of State as #N00025601 and also as a 501c3
through EIN #43-1231375.

Section II. Goals and Objectives

The Goal of the Atlanta Volunteer Fire Department is to provide the best fire protection services
possible to anyone who needs our assistance through professional training, maintaining
standardized equipment and attracting personnel dedicated to serve the members of this
community.

The Objectives of the Atlanta Volunteer Fire Department are:
• To prevent loss of life and property when fire or incident occurs.
• To increase public safety through fire prevention training and education.
• To confine fire or incident to minimal impact.
• To extinguish fires.
• To establish fire origin and cause to the extent possible.
• To make the most efficient use of available resources.

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ARTICLE II

MEETINGS

Section I. Board Meetings

A. The department shall hold regular monthly board meetings on the second Wednesday of
each month, at the Atlanta Volunteer Fire Department building, beginning at 6:30 p.m.
The meeting place and time may be changed from time to time to accommodate
schedules of the majority of board members and may be called by either the board
Secretary or board Chairman.

B. The cancellation and re-scheduling of any regular monthly board meeting shall require
the consent of a minimum of three (3) board members, provided all board members are
notified of such re-scheduling, and a notice to the public of such change is posted a
minimum of 24 hours prior to the re-scheduled meeting.

C. A special meeting of the board may be called by any department officer or board
member. All board members shall be notified of such special meeting a minimum of 24
hours in advance of the meeting time, and provided a notice to the public of such meeting
is posted.

D. All regular and special meetings of the AVFD shall be open to the public, and notice of
such meetings shall be posted. Posting of all official notices to the public shall be
accomplished by posting such on the front door of the AVFD office and / or on the
AVFD Facebook Page.

E. The Board of Directors may meet in Closed or Executive Session for the purpose of
discussing personnel or pending litigation, provided any action taken shall be made
available to the public upon request, according to the Missouri Sunshine laws.

F. There must be a majority of the Board present in order to conduct any business of the
AVFD. The majority vote of those present shall prevail in deciding the business of the
department.

G. Any action required by these By-Laws to have consideration by the Full Board, may be
carried out by a majority vote of board (3 votes) with concurrence by other members at
later time, so long as this action is fully documented in Board minutes.

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H. In the event an elected member of the board is unable or unwilling to serve out his or her
term, pending the appointment of an interim Board member, a minimum of three votes
shall be required to conduct any business of the AVFD otherwise requiring the full board
to be present.

I. In order to revise the AVFD By-Laws, all board members shall be present according to
the roll, and a majority vote shall rule, except when otherwise stated herein. All
amendments to the bylaws must be posted 24 hours in advance.

Section II. Training Meetings

A. Training meetings shall be held at the discretion of the Chief or Training Officer if one
has been appointed.

B. Any and all department training shall be open to all department personnel. The training
officer shall establish procedures for notifying all department personnel of the time and
place of training sessions. When possible, advance notice and regularly scheduled
training events shall be utilized.

ARTICLE III

Personnel

Section I. Department Chain of Command

A. Board of Directors - The Board of Directors shall be the final authority in all matters of
the AVFD

B. Chief, Assistant Chief, Captain, Lieutenant, Firefighters

• All positions may not be filled due to lack of personnel.

Section II. Succession in Command

There shall be no Succession in Command. In the event of the resignation or removal of any
officer, there shall be a new appointment or election to fill that office according to appointment
and election procedures addressed elsewhere within these By-Laws

Section III. Department Executive Committee

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A. The department Executive Committee shall consist of Fire Chief, and Assistant Chief.

B. The Executive Committee shall have the authority to determine Eligibility of potential
fire personnel according to By-Laws.

C. The department executive committee meetings shall be held at the discretion of the
department executive committee. A record of any action taken at such meetings shall be
kept and reported to the Board of Directors, and included with minutes of the next
scheduled regular board meeting.

D. Prospective new firefighters shall be referred to the Chief who shall be responsible for
determining eligibility, and obtaining a New Firefighter Application. Application shall
be presented for Board review along with the determination of eligibility and
recommendation of the Executive Committee.

E. The Board of Directors shall be the final authority in personnel matters regardless of
Executive Committee recommendations.

Section IV. Grievance Procedures

A. Procedures for addressing grievances shall follow the chain of command.

B. It is recommended grievance be documented in writing to avoid any misunderstanding.

C. If any person shall have a concern or grievance regarding personnel or procedures that
cannot be resolved directly, such grievance shall be brought to the attention of the Chief.
Such grievance may also be directed to the Board of Directors.

D. If any person shall have a concern or grievance regarding the Chief, such grievance shall
be directed to the Board of Directors.

E. Any grievance regarding any personnel directed to the Board of Directors shall be
discussed during a closed session of the Board, with the concerned parties having
opportunity to address the Board individually.
F. If there is a grievance regarding the Board or Board action, that Grievance shall be
addressed during open session of the Board.

ARTICLE IV

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ELIGIBILITY
Section I. Fire Chief

The Fire Chief shall have all the qualifications of a volunteer firefighter as listed in Article IV.

Section II. Probationary and New Firefighter Eligibility

A. An application (Appendix i.) shall be completed and provided to the Fire Chief or any
member of the Board. The Executive Committee shall consider each applicant and
determine eligibility. Applicants shall be considered at the first board meeting following
receipt of application. Applicant will be encouraged to attend the board meeting.

B. All applicants must be at least 18 year of age.

C. All applicants shall be supplied with a complete and current copy of the Atlanta
Volunteer Fire Department By-Laws and Training Manual.

D. All new firefighters must enter into a 90 day training period after being approved by the
chief without objection from the board. The board shall run a background check on all
applicants. A firefighter is no longer in their training period once the fire chief has
deemed the applicant has passed the department’s competency assessment.

E. All probationary firefighters shall use regular turnout gear, which shall be assigned to
them by the Chief.

F. Any firefighter may be placed on probation by the Board of Directors, directly, or upon
the recommendation of the Chief. This action may be taken only by the Board of
Directors. The person being placed on probation shall be notified of such action in
writing, along with the action necessary for the probation to be lifted.

G. Any new firefighter must live in the Atlanta fire department boundaries.

Section III. Expelling of Volunteer

A. The Board of Directors shall have the authority to expel any volunteer. Such action shall
require a majority vote of the full Board, or a minimum of three votes if less than the full
board is present.

B. Any probationary firefighter may be expelled if they fail to meet the required action to
have their probation lifted within 90 days.

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C. Any volunteer shall be expelled if known to have cheated, stolen from, or otherwise
defrauded the AVFD or any of its members in any way.

D. Upon being expelled, the firefighter shall immediately return all assigned gear and
equipment to the AVFD.

Section III. Regular Firefighter Eligibility

A. Must attend 100% of all activities unless a verifiable excuse is presented to a member of
the Executive Committee, or the Board of Directors.

B. If a firefighter has not responded to a call or training for one year, that person may be
taken off the roster. Such action will require approval of the Board of Directors, and
notification of the firefighter. Firefighter shall then be required to return all gear and
equipment to the department.

C. New firefighters shall not be eligible to drive, until they have been on the department for
six (6) months.

Section IV. Junior Firefighter Cadets

ARTICLE V
DEPARTMENT RULES
Section I. To be known and observed by all personnel

A. All firefighters shall give strict obedience to all lawful orders of their elected and
appointed officers.

B. All work at fires and drills shall be done in a quick, orderly and professional manner.

C. Incident Command System shall be followed at all working incidents and training
exercises.

D. The officer in charge or his designee shall fill out a report of each fire in the appropriate
format, immediately after returning to the station. The report shall state the date and time
of the alarm, vehicles responding, location of fire, cause of fire, area of origin, extent of
damage, and the firemen responding.

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E. Each firefighter shall be responsible for all equipment, including, but limited to the
helmet, gloves, boots, coat, pants, gear bag, radio, and pager, assigned to them. The
assignment of equipment for each fire fighter shall be documented in writing, along with
an agreement by the fire fighter to return such to the Department. Upon resignation the
firefighter shall return all equipment and property assigned to him or in his possession to
the Department. In the event the assigned equipment is not promptly returned to the
Department, the fire fighter shall be required to pay the Department replacement value of
the equipment not accounted for, as determined by the board. The Department shall
attempt to enforce collection, including filing in Small Claims Court.

F. No department personnel (Volunteer Fireman or Board member) shall use any AVFD
equipment for any personal purpose, or purpose not consistent with the mission and goals
of the Department. This includes the filling of swimming pools, except that the AVFD
shall allow City personnel to use fire hose at no charge for that purpose, provided such
action does not diminish the AVFD’s capacity to respond to an emergency by using
weak, damaged, or extra hose.

G. Training classes and drills shall be scheduled by the Fire Chief or Training Officer. All
training classes shall be open to all firemen, and firemen shall be notified through pager
system, or other appropriate means. (Probationary and other firemen must be notified
directly if no pager has been assigned.

H. After a fire or training, no firefighter shall leave the station until all equipment is put
away, unless released by the officer in charge.

I. Any firefighter appearing at an emergency incident, fire drill, meeting or entering the fire
station under the influence of alcohol or a controlled substance shall be expelled.

J. All department personnel are expected to conduct themselves in a professional manner at
all times. Anyone being disorderly, or disobeying a lawful order may be put on probation,
or expelled. This action will be considered by the Board upon the recommendation of the
Executive Committee.

K. Any firefighter bringing any person or persons into the Fire station shall be responsible
for any act committed by that person.

L. No one except firefighters of this department shall operate the trucks, except for board
members or vendors for non-emergency events. Operation of pumps, nozzles and other
fire related equipment shall be operated only by approved firefighters of this department,
or firefighters from other departments when Mutual Aid is being provided/received. In

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extreme emergency situations where incident commander deems it appropriate, civilians
may be allowed to assist in support of firefighters.

M. The fire trucks and equipment shall always be housed within the city limits of the City of
Atlanta.

N. Pager systems will be checked once a month, if needed. Firefighters must report any
misuse of system to the Chief; changes in the systems will be approved by the Chief, and
the Board of Directors.

O. No fireman, board member, or representative of the AVFD shall as an individual, solicit
cash donations to the department. Any donations collected by individuals shall be
received by check only. During organized fundraising activities, cash donations are
acceptable.

P. No asset of the AVFD shall be sold or otherwise disposed of without the prior approval
of the Full Board, and a majority vote. All sales shall be commercially reasonable.
Soliciting bids is recommended.

Q. No acquisition of trucks, equipment, or other assets, whether by purchase, contract, or
under Department of Conservation program shall be made without prior Board approval
after consideration by Full Board. This includes acceptance of any item at no cost.

R. There shall be no applications for Grants or other programs without prior Board approval
after consideration by Full Board. If matching funds are required, the matching funds
shall be identified prior to application. A Board approved Grant Committee will consist
of four (4) persons – two (2) Board members, and two (2) firefighters, approved by the
Board. This committee will involve the Board, every step of the way, through the grant
writing process. If a committee cannot be present or elected, then a local grant writer
shall be hired. The grant writer shall come to all Board meetings where this will be
discussed, and every step shall be explained in full detail to the Board. No actions may be
taken, except by Board approval.

S. Repeated disregard for rules set out for the AVFD in these By-Laws shall be grounds for
being expelled.

T. All gear and materials must be checked out thru the fire chief.

U. If a firefighter buys his own turnout gear, then the firefighter must return the
department’s gear within seven (7) days. After seven (7) days, a verbal warning will be

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issued by the Chief. After seven (7) additional days, a written warning will be given, and
after a total of twenty one (21) days, said firefighter will be expelled and law enforcement
will be contacted.

V. No Board issues will be discussed at any trainings, scenes, fundraisers, or public areas.

W. Assisting landowners with controlled burns with compensation is encouraged.

ARTICLE VI

DISOLUTION OF CORPORATION

Upon the dissolution of the corporation known as The Atlanta Volunteer Fire Department, Inc.,
all equipment and properties shall be disposed of as follows:

1. The City Truck and the land that houses the fire station shall revert back to the City of
Atlanta, Missouri.

2. Other equipment to the extent necessary shall be disposed of to satisfy any existing debts
of the above corporation.

3. The City of Atlanta shall have the first option to purchase the building, and any or all of
the equipment.

4. All equipment belonging to the Missouri Department of Conservation shall be returned to
the Missouri Department of Conservation, in accordance with the laws of the state of
Missouri.

5. Any fire equipment sold shall only be sold to an organization incorporated for the same
purpose as the AVFD.

6. Upon the sale of assets sufficient to liquidate all debts of the corporation, all other assets
of the corporation shall be transferred to the City of Atlanta, Missouri.

7. At such time that the Board of Directors chooses to dissolve the Corporation, the City of
Atlanta Missouri shall be notified, and shall serve to monitor the liquidation of the
Corporations assets.

ARTICLE VII

MEMBERSHIP
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A. The Criteria for Membership for rural properties shall be established by the Board of
Directors, and any changes shall require unanimous vote of the full Board. The current
fee for membership of a Primary Property shall be $45 for the first year, with annual
renewal fee of $45 due on the annual anniversary date of the initial membership.

B. If a Rural Member has rural property(ies), not adjoined to the Primary Property, that
property shall be included under the membership for an additional annual fee of $25 per
additional rural property, payable annually together with the fee for the Primary Property.

C. If a Rural Member pays the appropriate membership fees for a Primary Property and four
(4) non-adjoining rural properties, membership shall be granted for all additional
properties at no additional fee. Thus, the maximum membership fee shall be $145 for
Rural Members with multiple non-adjoined properties.

D. If a Rural Member shall purchase an additional property, it shall be automatically
considered under membership until the next calendar year. The member shall then be
required to have that property enrolled under membership by paying the appropriate
membership fee.

E. A statement of membership fees due shall be sent to rural members in December for the
following year. If membership has not been paid a Notice of Late Dues (Appendix ii)
shall be sent to the last known address of the Rural Member.

F. The city of Atlanta Mo. shall pay the Atlanta Volunteer Fire Department for fire
protection within the city limits according to a written agreement between the Parties.
The amount paid by the City for fire protection shall be determined by mutual agreement
of the City of Atlanta and the Board of Directors of the Atlanta Volunteer Fire
Department. The Chairman of the Board currently serving shall represent the AVFD and
request any change, and shall be designated to bind the AVFD in Board approved
agreements with the City of Atlanta

G. Since the City of Atlanta contracts with AVFD for fire protection, any owner of
residential property within the City of Atlanta where said property joins contiguously
with property they own outside the City limits of Atlanta shall be deemed to be a rural
member without payment of additional membership fees.

H. There are parcels that lie within the AVFD boundaries, and neighboring department
boundaries. The property may be subject to non-member fees, even if the property is
enrolled in membership of the neighboring department. If the origin of the fire/incident

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is determined to be in the neighboring department boundaries, non-member fees will not
apply if the AVFD is dispatched for Mutual Aid. If it is determined the origin is on the
property within the AVFD, non-member fees shall apply, even if the property is enrolled
in membership in; or taxed by; the neighboring department boundaries, but is not under
AVFD membership.

ARTICLE VIII
Non Member Emergency Response

Section I. Real Estate Property Emergencies

A. A notice that reflects our non-member policy shall be published on the AVFD
website at www.goatlantafire.com.

B. The AVFD shall respond to any emergency within its area when dispatched by the
Macon County 911 call center. The AVFD may respond to any emergency within its
area, regardless of whether the property owner or individual is a member of the
Department. Charges for non-member emergencies shall be as follows:

1. $100 for responding to an emergency;

2. $500 for each hour or a proportional sum for each quarter hour spent in providing
emergency services. Reference House Bill No. 1418, Missouri Statute 320-302.

3. An amount equal to one year’s membership fee. Upon payment, the property
owner or individual shall be deemed to be a member in good standing until
membership payment is again due.

Section II. Non-Real Estate Property Emergencies

A. When the AVFD responds within its boundaries to emergencies for car fires or
automobile accidents of non-members, the charges for these emergencies shall be as
follows:

1. $100 for responding to an emergency;

2. An additional $200 per hour or proportional quarter hour spent providing
emergency service at the scene. If the incident involves hazardous materials, the
non-member charges shall be the same as outlined in section B. of section I.

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above

3. If the incident involves more than one vehicle, the total charges shall be divided
equally among the vehicles.

4. Members of the AVFD or immediate household members of such members shall
receive emergency services at no additional charge.

5. For the purposes of this subsection, residents of the City of Atlanta shall be
deemed to be members under the contract for services for fire protection between
the City and AVFD, and shall receive emergency services at no additional charge.

Section III. Non-Member Billings

A. All non-member billings shall be reviewed and approved by the Board, and any
exceptions to the non-member billing policy shall be approved by the Board.
B. At regular monthly meetings of the Board of Directors, the Board shall review all
non-member billings, including those sent, received, and outstanding.
C. The Board shall designate a person or persons responsible for preparing non-member
billings so they may be sent as soon as practical after the incident. For timely
collections, billing within one week of the incident is encouraged.
D. Non-member Billings shall be prepared using Board approved format (Appendix iii,
iv).
E. Billings shall be sent to the individual, and when possible, a copy may be sent
directly to the individual’s insurance carrier.
F. A person or property shall be considered a member if the appropriate fees have been
paid and received by the department, or have been post marked prior to the time the
department is dispatched to an incident. Otherwise, they will be billed at the non-
member rate.
G. If a non-member wishes to contest a bill, there will be a closed session prior to a
decision being made.

ARTICLE IX
Department Positions

Section I. Eligibility for Officer Positions

A. Fireman must be a regular fireman (past probationary period)

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B. No fireman who is known to have defrauded the department or its members in any
way, shall be eligible to serve as an officer.

Section II. Chief
A. Shall be elected by firemen with approval by the Board of Directors. The Chairman
of the Board shall be responsible for holding the election of the Chief. Every
firefighter shall be notified of the election, shall have an opportunity to nominate
someone for Chief, or declare them self a candidate. Said Chief election shall be held
annually, in January.
B. Shall serve one (1) year term
C. Shall lead in the operation of the department in accordance with the policies and
budget established by the Board of Directors
D. Shall assist the Board in setting goals and priorities for equipment purchases and
personnel training
E. Shall discharge the Duties of the Chief in a professional, and ethical manner
F. Duties include:
1. Charge of incident scene.
2. Responsible for the condition and the efficient operation of all department
equipment.
3. Responsible for the accurate report of all fires.
4. Responsible for training and drills.
5. May assign a person or persons to achieve any or all tasks listed above; those
appointed shall report directly to the Chief upon completion of said task.
6. Determination of cause of fire.
7. The Chief may make purchases without prior board approval, for necessary
items to ensure the proper and efficient operation of the department provided
such purchases do not exceed 1% of the previous year’s annual budget per
month, and such purchases are within the annual budget amounts approved by
the Board of Directors. Any expenses that would exceed approved budget
must have Board approval.

Section III. Assistant Chief

A. Appointed by Chief, with Board Approval
B. Will serve one (1) year term
C. Duties include:
1. Check all equipment on apparatus before leaving for a fire or drill
2. In Charge of operating engineers
3. Will take over the duties of the Chief when the Chief is absent.
4. In charge of hose men.

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Article X
First Responders

It is recognized that the AVFD has no authority in regard to the Macon County Emergency
Management System pertaining to the dispatching, training, certification, or authorization of
First Responders. However, many AVFD fire personnel are Macon County First Responders,
and it is the intent of the Board of Directors of the AVFD to cooperate in the First Responder’s
efforts to serve the members and non-members of the AVFD.

A. The AVFD shall allow use of premises, and equipment by AVFD personnel acting
as First Responders when serving members and non-members of the AVFD within
the AVFD.

B. No person shall represent themselves to be a First Responder unless they are
recognized as a qualified, active First Responder by the Macon County Emergency
Management System.

C. The AVFD shall maintain a roster of Macon County First Responders serving the
members and non-members of the AVFD.

D. All rules of the AVFD shall be observed by first responders when using AVFD
premises or equipment who are also firemen with the AVFD.

E. AVFD chain of command shall apply except in the event that an emergency is
strictly a First Responder call and a non-AVFD First Responder is the most
qualified to manage the incident.

F. The AVFD shall not charge non-member fees when the dispatch is for First
Responders only (non-member fees will only be charged when AVFD is
dispatched).

G. Protocol of the Macon County Emergency Management System shall be followed at
all times.

H. Any time First Responders are dispatched, and AVFD equipment is used, an
incident report shall be completed (an incident report is encouraged even when
AVFD equipment is not used) .

Article XI

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Elected Officials and Terms of Offices

Section I. Board of Directors

A. Shall be elected by the community/members on the third Saturday in November
during the annual fall fund-raiser or at an annual meeting, and shall take office on
January 1st of the following year.

B. Any person interested in being placed on the ballot to be elected to a board position
shall be supplied with a complete copy of the AVFD By-Laws

C. The board shall take reasonable measures to notify the public of the time and place
of the election of Board Members.

D. Shall consist of no less than 5 members, and a majority of the Board must reside
within the city limits of the City of Atlanta.

1. At least two board members shall be elected among citizens living within
Atlanta city limits.

2. At least two board members shall be elected from members living the rural areas
within the AVFD boundaries or any property owner in the department boundaries that is
a member.

A. Each board member shall serve a two (2) year term, elected in alternate years.

B. In the event a board member shall resign, or is unable to fulfill the service of his elected
term, the Board shall appoint someone to serve the remainder of the resigning member’s
term, or until the next board election, whichever comes first. If the term has not expired
at the time of the next annual election, an election shall be held for the unexpired term of
the resigning member to maintain the alternating board member terms.

C. The board shall elect its own chairman who will serve a one-year term, and shall preside
over the meetings.

D. Effective November 30, 2017, no members of the same family (parent, spouse, sibling)
shall simultaneously serve as chair of the board and fire chief.

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E. The secretary shall be selected from among the board members and shall serve a one year
term. This position can be reappointed within the board in the case the secretary cannot
fulfill his or her duties. Duties shall include:

1. Notify members of all special meetings.
2. Call roll at meetings.
3. Accurately record proceedings of all business meetings.
4. Print at least 2 duplicate copies of meeting minutes to be stored in the file cabinet
so anyone unable to attend the meeting can view them.

F. The treasurer shall be selected from among the board members and shall serve a one year
term. This position can be reappointed within the board in the case the treasurer cannot
fulfill his or her duties. Duties shall include:
1. Keep account of all money received and expenses including membership dues,
fund raiser income and expenses, donations etc.
2. Maintain bank statements.
3. Prepare a yearly budget (with help of other board members).
4. Prepare bank deposits as required.
5. Pay bills as needed.
6. Keep an accurate record of rural dues-paying members.
7. Send out billings for fire and emergency calls.

G. The AVFD shall supply all postage and office supplies.

H. Any member of the board and the Chief shall be authorized to receive department mail
from the PO Box.

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