CRESTON FIRE DISTRICT
BYLAWS
ARTICLE I
AUTHORIZATION
The Creston Fire District was created by the Flathead County Board of County Commissioners in accordance with Section 7-33-2101, MC.
ARTICLE II
PURPOSES
The purpose of the Creston Fire District shall be to establish:
- a fire protection organization in order to prevent fires from starting, to extinguish fires, to prevent loss of life and property when a fire starts, and to confine a fire to the place it starts; and
- to provide Emergency Medical care, including medical assistance, search and rescue and calls for assistance to protect individual or public health and safety.
ARTICLE III
DEFINITIONS
“Board” means the Board of Trustees of the Fire District.
“Commissioners” means the Flathead County Board of Commissioners.
ARTICLE IV
POWERS, DUTIES AND RESPONSIBILITIES
The Board shall be the District policy-making body of the Fire District Board. The Fire Chief shall act as its administrative department head.
The Board has the power, duty and responsibility to:
- Appoint the Fire Chief;
- Establish, equip, and maintain a Fire and Emergency Medical Services (EMS) department;
- Establish and enforce rules, including instituting policies and regulations for the administration, operation, and maintenance thereof.
- Define qualifications, duties, responsibilities and provide for payment of volunteer reimbursement or employee remuneration.
- Employ legal counsel and other persons of expertise as may be necessary.
- Enter into and perform all necessary contracts for furnishing necessary services to, or the receipt of such services from another district.
- Establish, equip, maintain and operate Fire and Emergency Medical Services within the District and as dispatched outside the District.
- Enter into mutual aid and assistance agreements as appropriate.
- Insure its members and employees against accidental death and injury in the performance of their duties.
- Adopt a group health, sickness, accident, and disability insurance program for the benefit of its members and employees as appropriate and within budgetary constraints.
- Maintain membership in any local, state, or national group or association organized and operated for the promotion of preservation of life and property from hazards of fire, medical emergencies and other environmental causes.
- Authorize the attendance of its members and employees at professional or vocational meetings and authorize payment of reasonable expenses thereof, including transportation to and from such meetings.
- Keep records of its acts and of all money received and disbursed by the District.
- Encourage the adoption of fire prevention measures by means of education and prepare and disseminate information relating to the subject of fire prevention and extinguishment.
- Authorize the establishment of a Fire and EMS training program for personnel of the District.
- Authorize the use of apparatus, equipment, and staffing outside of District boundaries in compliance with Board policy and Montana law.
- Enter into necessary loan agreements to finance acquisition of apparatus, equipment, property and facilities needed by the District.
- Prepare annual budgets and request special levies.
- Ensure that required reports are filed with Flathead County, Public Employee Retirement System, Worker’s Compensation, Department of Revenue and any other reports required by Flathead County and State of Montana.
- Prepare and adopt these and other Bylaws.
ARTICLE V
BOARD OF TRUSTEES
Section I Selection and Term
The Trustees of the District shall be the governing body of the business affairs of the District. Each Trustee shall be elected or appointed in accordance with current Flathead County’s Board of Commissioner’s process and in accordance with Montana law. The term of office shall be three (3) years beginning at the first District Board meeting following election or until their successors are elected and qualified.
The terms of the Board shall be staggered so that no less than one (1) member, nor more than two (2) members shall be elected at any one time.
Section II Resignations and Vacancies
Resignations shall be in writing and delivered to the Chairman of the Board or to the Trustees at a regular Board meeting. Board vacancies shall be filled in accordance with the current Flathead County Board of Commissioner’s process.
ARTICLE VI
OFFICERS AND DUTIES
- The Board shall elect from its members a Chairman, a Vice-Chairman, and a Secretary at its first regular meeting following Board election.
- The Chairman shall preside at all meetings and shall perform all other duties as may be prescribed in these Bylaws or by Board action.
- The Chairman will vote on all motions when in attendance at a meeting.
- The Vice-Chairman shall act as Chairman in the Chairman’s absence or disability.
- The Board Secretary shall assure that records and required reports of the District are kept, maintained and properly filed with County and State. Reference Article IV, #20.
- The term of the officers shall be for a period of one (1) year. All officers may serve more than one term at the discretion of the Board.
- The Board shall have the power to remove an officer from his/her duties upon an affirmative vote of the Board. Nothing in this section shall be construed or interpreted to grant power to the Board to remove a Trustee from the Board.
ARTICLE VII
MEETINGS
Section I Regular Meetings
The Board shall establish the time for holding regular meetings and shall publish the same as required by Montana law.
Section II Special Meetings
Special meetings of the Board may be called by the Chairman or by a quorum of the Board. The Board Secretary or appointed District Clerk shall give each member at least five (5) days’ notice of such meeting unless a meeting is called for emergency purposes as declared by the Chairman or a quorum.
Section III Quorum
A majority of members shall constitute a quorum. No action of the Board may be taken unless authorized by a majority of members present at a regular or special meeting.
Section IV Rules of Order
Robert’s Rules of Order shall apply in all parliamentary matters, except where these Bylaws may state otherwise.
ARTICLE VIII
CODE OF ETHICS
The holding of a public office or employment is a public trust, created by the confidence which the electorate reposes in the integrity of public officers and employees. A trustee or employee of the District shall carry out his duties for the citizens of the District.
Ethics requirements are applicable to “elected officials”. Trustees shall not:
- disclose or use confidential information acquired in the course of his/her duties to further
substantially his/her personal economic interest;
- accept gifts of substantial value or a substantial economic benefit tantamount to a gift;
- acquire an interest in any business undertaking or contract which he/she has reason to believe may be directly and substantially affected to his economic benefit by official action to be taken
by the District; and
- obtain employment in which he/she shall take direct advantage, unavailable to others, of
matters with which he/she was directly involved during his/her Board term within one year following the voluntary termination of his/her office or employment.
A member of the Board, having a financial or personal interest in any item of consideration by the Board, shall declare that he/she may have a conflict of interest. In the event that a decision is reached that a conflict exists, that member must exclude himself/herself from consideration on the matter. In the event of financial conflict, the above provision shall apply. In the event of other conflicts, such Trustee may actively participate in the discussion of the matter as a member of the public, but shall be disqualified from a vote upon the matter or Board discussion. All conflicts shall be recorded in meeting minutes.
ARTICLE IX
ORDER OF BUSINESS
Unless otherwise determined by the Chairman, the order of business of the Board shall be:
- Call to order
- Roll Call
- Introduction of Guests
- Agenda approval
- Public Comment
- Reading of previous meeting minutes; corrections as needed
- Facilities Update
- Apparatus Update
- Fire Chief’s Report
- Creston Fire Fighter’s Association Update
- Finance and Invoice review/approval
- Old Business
- New Business
- Good of the Order
- Adjournment
ARTICLE X
COMPENSATION
No member of the Board or its officers shall receive compensation for their service to the District. The Board may, by resolution, authorize the reimbursement of actual and necessary expenses.
ARTICLE XI
RESOLUTIONS
Any resolutions of the Board shall be made in written form, and shall be so noted in the minutes of the Board, and copies thereof shall be maintained in a written record.
ARTICLE XII
EMERGENCY POWERS
In the event of a major disaster, flood, fire, riot, or other emergency so designated by the Board, the Chairman of the Board of the District shall have authority to act without the consent of the Board in order to preserve and protect the property and lives of the persons within the District. All such action shall be subject to ratification by the Board as soon as it shall be reasonably feasible to
ARTICLE XIII
COMMITTEES
The Chairman shall appoint such standing and special committees as he/she may see fit and proper.
ARTICLE XIV
LEGAL ASSISTANCE
Legal assistance may be provided to the Board by the County Attorney and/or private retained counsel.
ARTICLE XV
AMENDMENTS
Amendments to these Bylaws may be introduced by any member of the Board at any regular or special meeting called for that purpose. All proposed amendments must be in writing before consideration by the Board.
ARTICLE XVI
CHECKS, DRAFTS, DEPOSITS
All checks, drafts, or other orders for payment of money, notes and other evidence of indebtedness, issued in the name of the District, shall be signed by such office or officer, agent or agents, in such manner as shall, from time to time, be determined by resolution of the Board.
As directed by the Board, all District funds or monies received shall be submitted to the County Treasurer for deposit into Creston Fire District’s Maintenance and Operations Fund or Capital Improvement Fund according to County procedure.
ARTICLE XVII
ADOPTION
All Bylaws of this Board previously passed are hereby repealed.
The foregoing Bylaws were duly introduced before the Board of Trustees on the _____ day of
____________, 20 ___.
CRESTON RURAL FIRE DISTRICT
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Robert Kun
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Allen Zimmerman
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Thomas Arnone
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Greg W. Phillips
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Myron Mast