[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 10-1-1979, effective 11-4-1979; amended
in its entirety 5-7-1990.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 48.
Fire prevention — See Ch. 66.
Kindling of fires — See Ch. 90.
Parking near fire hydrants — See Ch. 125.
[1]
Editor's Note: This resolution was approved
by the Sea Cliff Fire Department 2-15-1990.
A.
This organization shall be designated as the "Volunteer
Fire Department of the Incorporated Village of Sea Cliff, Nassau County,
State of New York."
B.
The Fire Department shall be made up of several companies
and an ambulance unit. The Fire-Fighting Companies shall be known
as the "Engine and Hose Company Inc.," the "Hook and Ladder Co. No.
1," and the "Enterprise Hose Co. No. 1." Officers of these Companies
are designated line officers.
C.
The Ambulance Unit shall be formed and known as the
"Fire Medic Unit No. 1."
D.
A Fire Police Squad shall be formed from members of
the Fire-Fighting Companies. The Fire Council shall establish bylaws
for this Squad.
E.
It shall be the purpose of this Department to protect
and prevent the loss of life and property.
Subject to the approval of the Board of Trustees,
the Fire Council prescribes the following bylaws and rules for the
proper management of the affairs and the disposition of the funds
of the Fire Department and the admission, suspension, removal and
discipline of members, officers and employees of the Department and
defines their powers and duties.
A.
The Fire Council is the governing body of the Fire
Department. It shall consist of the Chief, the First and the Second
Assistant Chief and two Wardens from each Company. The Fire Council
shall meet on the third Tuesday in April each year and choose from
its own number a Secretary, a Treasurer and a Collector of the Fire
Department, who shall hold their respective offices for one year unless
sooner removed by the Fire Council. A vacancy in the office of Secretary,
Treasurer or Collector shall be filled for the balance of the unexpired
term by the Council at its next meeting. The Fire Medic Unit shall
select a liaison to the Fire Council. The liaison may attend all Fire
Council meetings but shall not vote on motions or matters brought
before the Council.
B.
The Treasurer shall have charge of the funds of the
Department and shall make disbursements only on a two-thirds vote
of the Council. He shall render a monthly report of receipts and disbursements.
He shall be bonded for a sum designated by the Council, and the cost
of such bond shall be paid from Department funds. Furthermore, the
Treasurer's books and records shall be audited annually.
C.
The Collector collects fines and other funds from
the members. This money will be promptly given to the Treasurer, who
will provide a receipt to the Collector.
D.
The Secretary shall keep a complete record of the
minutes of all meetings and all correspondence. The Secretary shall
send out all notices to the members as directed by the Council.
E.
A quorum shall consist of a majority of the members
of such Council.
F.
Meetings.
(1)
Meetings of the Fire Council shall be on the third
Tuesday in April and monthly thereafter, on the first Thursday following
the first Tuesday of the month, but if such Thursday is a holiday,
it shall meet at the discretion of the Council.
(2)
Special meetings of the Fire Council may be called
by the Chief or at the written request of the majority of the Council.
The Secretary shall notify Council members by mail at least three
business days in advance of such special meetings. The order of business
shall be at the discretion of the Chair of the meeting.
A.
General convention. Members of the Companies and the
Fire Medic Unit shall meet in general convention at 8:00 p.m. on the
first Thursday following the first Tuesday in April in each year.
The convention shall be called to order by the Chief and be under
the supervision and direction of a Chairman and a Secretary to be
elected by the eligible members at the meeting.
B.
Qualifications of voting members. No member shall
be entitled to a vote at a convention whose dues and fines are not
paid up by the night of the convention or is not in good standing
in his Company, Unit or the Department, nor shall any member be entitled
to vote until 30 days after filing his oath as a fire fighter with
the Village Clerk. The Captain of each Company shall furnish the convention
a certified list in alphabetical order of all members entitled to
vote. This list is to be signed by the Captain and, in his absence,
by the First Lieutenant and, in his absence, by the Second Lieutenant.
C.
Method of nomination.
[Amended 2-5-1996]
(1)
The eligibility of a candidate for nomination as Chief,
First Assistant Chief or Second Assistant Chief shall be determined
as follows:
(a)
The candidate shall have passed at least one
of the Nassau County Fire Service Academy officer's tests within the
past five years or have been a line officer during the past five years.
(b)
The candidate shall have maintained the minimum
activity level set forth by the Department for the preceding two years
as line officer, including one year as a Captain.
[Amended 3-6-2023]
(2)
Any members wishing to be placed in nomination for
Chief, First Assistant Chief, or Second Assistant Chief at the General
Convention must be nominated at the General Convention and meet eligibility
requirements as stated in C(1) (a) and C(1) (b) of this section.
[Amended 12-5-2011]
(3)
The qualified members shall, by ballot, nominate a
Chief, a First Assistant Chief and Second Assistant Chief. The candidate
receiving a majority of the votes cast shall be the nominee.
D.
Appointment.
(1)
The person acting as Secretary of such convention
shall promptly file in the office of the Village Clerk a certificate
of such nominations. The Board of Trustees shall consider the nominations
and, if approved, shall appoint such nominees to the office to which
they were respectively nominated. If a nomination is not approved,
the Board of Trustees shall promptly notify the Council and said Council
shall call another convention, at which time the qualified members
shall nominate another member.
(2)
After appointment by the Board of Trustees, the Chief,
First Assistant Chief and Second Assistant Chief shall execute and
file with said Board the required oath of office and, upon filing
such oath, shall immediately assume the duties of their respective
offices.
E.
Term. The persons so appointed shall each hold their
office for the term of one year or until their successors have been
duly appointed and qualified.
A.
Annual Company and Unit meeting. Each of the several
Fire-Fighting Companies shall hold an annual meeting on the first
Tuesday in April each year. The Fire Medic Unit shall hold its annual
meeting on the first Wednesday following the first Tuesday in April
each year. At such meeting, the members shall elect by ballot from
their own number a Captain, First Lieutenant, Second Lieutenant, one
Warden or liaison and such additional officers as the Company bylaws
specify.
B.
Nominations. The eligibility of candidates for Company
officer shall be determined as follows:
(1)
The candidate shall have maintained the minimum activity
level set forth by the Fire Department for the preceding year.
[Amended 3-6-2023]
(2)
The candidate shall have passed at least one of the
Nassau County Fire Service Academy officer's tests within the past
five years or have been an officer during the past five years.
(3)
The candidate shall have served as a member of the
Department for at least three years, and is off probation.
(4)
A Captain or Lieutenant shall not be eligible to fill
the office of Warden.
C.
Eligibility of candidates for the Fire Medic Unit
shall be as specified in the Fire Medic Unit bylaws.
D.
Election. The election of Captains and Lieutenants
must be approved by a majority vote of the members of the Council.
After such approval, Captains and Lieutenants shall execute and file
with the Board of Trustees the required oath of office and, upon filing
such oath of office, shall immediately assume the duties of their
respective offices.
E.
Term. The term of officers shall be one year, with
the exception of Wardens, which shall be two years.
The Chief shall preside at all meetings of the
Department or Council. He shall be entitled to vote. He shall be an
ex officio member of all Department committees and may delegate this
authority to one of the Assistant Chiefs. He shall have exclusive
control of the members and employees at all fires, drills and reviews
and the supervision of the apparatus and equipment owned by the Village
and shall perform all such duties as prescribed by the laws of the
State of New York and the ordinances and laws of the Village of Sea
Cliff. In case of the inability or absence of the Chief, the First
Assistant Chief (or, in case of the inability or absence of both the
Chief and the First Assistant Chief, the Second Assistant Chief) shall
perform the duties and have all the powers of the Chief.
The Captain of each Fire-Fighting Company and
the Fire Medic Unit shall preside at all Company or Unit meetings.
He shall have charge of members, apparatus and equipment of his Company
or Unit at all fires, rescue calls, drills, inspections, etc., under
the supervision and direction of the Chief and/or his Assistant Chiefs,
and perform all such other duties as designated by the Chief and/or
Assistant Chiefs. In case of the absence or inability of the Captain,
the First Lieutenant (or, in case of the absence or inability of both
the Captain and First Lieutenant, the Second Lieutenant) shall perform
all duties and have all the powers of the Captain.
Members of the Fire Department shall consist of those present members approved and appointed by the Board of Trustees prior to the adoption of these bylaws and those admitted in the future pursuant to § A143-9.
[Amended 2-5-1996]
A.
Eligibility. Applicants for membership in the Department
must be:
(1)
The minimum age of 18.
(2)
A resident of the Village of Sea Cliff for at least
30 days, or meet the requirements of the New York State law on nonresident
members.
(3)
A citizen of the United States.
(4)
Of good moral character.
(5)
Physically fit and must produce a physician's certificate
specifying that the applicant is physically able to perform the duties
of a volunteer firefighter.
B.
Procedure.
(1)
Application shall be made to a specified company or
the Fire Medic Unit of the Fire Department. Applicants shall submit
a completed membership application to the company or unit to which
they are applying. If admitted to such company or unit, the Company
Secretary shall certify the nomination to the Board of Trustees and
submit such certification to the Fire Council for its recommendation.
(2)
The Membership Committee of the Fire Council shall
investigate and verify all information provided on the membership
application. Applications may be rejected if information is unfavorable,
false, incomplete or missing. If the application is disapproved by
the Fire Council, the applicant shall be denied admission to the Fire
Department. The Fire Council shall notify the appropriate Company
or Fire Medic Unit and the Board of Trustees upon disapproval of an
application. If the application is approved, the Fire Council shall
recommend appointment to the Board of Trustees.
C.
Probationary period.
(1)
A member's first year of membership beginning on the
date of appointment by the Board of Trustees, shall be designated
as a "probationary period" and the member shall be designated as a
"probationary member."
(2)
Probationary members must complete all requirements
for mandatory training as set forth by the Fire Council and satisfy
the minimum activity level as set forth by the Department. The Fire
Council may grant regular membership to probationary members meeting
attendance and training requirements after one year of membership
and upon recommendation of their company or unit.
[Amended 3-6-2023]
(3)
Probationary members who do not receive the recommendation
of their company or unit or who fail to satisfy attendance or training
requirements may be expelled without recourse by the Fire Council
at the end of their probationary period. However, if a probationary
member fails to meet attendance or training requirements due to circumstances
that appear beyond the member's control, the Fire Council may extend
the probationary period for a specified period of time.
(4)
Probationary members violating any section of the
Bylaws may be expelled by the Fire Council at any time without recourse.
D.
Readmission of former members and reinstatement of
prior service.
(2)
If the time period between prior and current service
is 12 months or less and the applicant had previously satisfied his
probationary period, he shall not be required to complete another
probationary period. Prior length of service shall be fully reinstated
upon the date that the member rejoins the Fire Department.
(3)
If the time period between prior and current service
is greater than 12 months or the applicant did not complete an initial
probationary period, he shall be required to complete a full twelve-month
probationary period upon readmission. Full reinstatement of prior
service shall be made upon successful completion of the probationary
period.
A.
Resignations shall be submitted directly to the Fire
Medic Unit or the Company to which the member belongs and, upon said
Unit or Company's acceptance, the resignation shall be certified by
the Captain and Secretary and forwarded to the Fire Council for approval.
If approved, notice shall be sent to the Board of Trustees.
B.
Suspensions and expulsions.
(1)
Subject to the approval of the Fire Council, members
may be suspended or expelled by the Chief or anyone acting in his
capacity as designated by the Chief for any one of the following reasons:
(a)
Refusal to obey orders.
(b)
Violation of Department, Company or Unit rules
and regulations.
(c)
Conduct unbecoming to a fire fighter or Unit
member at any place within or without the Village limits where such
members are acting in the capacity as members of the Fire Department.
(d)
Not meeting attendance requirements.
[Amended 3-6-2023]
[1]
If a member does not meet the minimum activity
level set forth by the Department, that person may be expelled from
the Department. The minimum activity level shall be calculated from
attendance at alarms and other Department activities set forth by
the Department.
(2)
A member who is suspended or expelled shall have the
right to appear before the Council and show cause why such penalty
shall not be confirmed. A two-thirds vote of the members of the entire
Council shall be necessary to confirm such penalty.
(3)
A member who has been suspended or expelled shall
not be elected to any Company or Unit of the Department except by
consent of the Company or Unit to which he formerly belonged, and
this consent must be authorized by a two-thirds vote by ballot of
the members of said Company or Unit at a regular meeting.
(4)
All charges against members and officers, except the
Chief, First Assistant Chief and Second Assistant Chief, shall be
made in writing and presented to the Council. A copy of the charges,
together with the time and place of the hearing, shall be served personally
or by certified mail by the Secretary of the Council on the person
so accused. If charges are sustained by a two-thirds vote of the members
of the entire Council, the penalty shall be fixed by a two-thirds
vote of the members of the Council and the person notified of such
penalty at the meeting or by certified mail. All charges against the
Chief, the First Assistant Chief and Second Assistant Chief shall
be made, in writing, directly to the Board of Trustees.
C.
Inactive members.
(1)
A member attaining the age of 60 years and who has
served 15 years as an active member may become an inactive member.
If a member decides to become inactive, that person shall be entitled
to all the privileges of an active member except voting at meetings.
He shall no longer be on active duty as a fire fighter in any capacity
and shall be excused from all duty, but may report at the annual inspections
designated by the Council as recommended by the Chief.
(2)
A member who has not attained the age of 60 years,
but who has served 15 consecutive years may make application to the
Council for its consideration for inactive status.
(3)
Any member who shall become physically unable to perform
the duties of an active fire fighter may become an inactive fire fighter.
D.
Honorary members. A member who has served five consecutive
years of active service may apply for an exemption certificate and
be elected an honorary member of his Company or Unit. He shall not
be entitled to any privileges as an active or inactive fire fighter.
E.
Life member. A member of the Fire Department who has
served 30 years in the fire service becomes a life member in the Fire
Department. Life members shall have all the rights and privileges
of an active fire fighter but will be exempt from attending firemanic
functions, including inspections and reviews. However, life members
may attend these functions, if they so desire.
F.
Turn-in of department-issued equipment.
[Added 2-5-1996]
(1)
Upon a member's termination of active service, the member's Captain shall ensure that all department-issued keys, uniforms, badges, identification cards, blue light authorization cards and equipment have been turned in or accounted for and verify this information to the Fire Council except as noted in Subsections F(2)(a) and F(2)(b) below.
(2)
Members who resign membership.
(a)
Members who resign their membership and have
served in an office for which an "Ex-Officer" badge is issued upon
completion of the term of office may keep their "Ex-Officer" badges,
provided that they are members in good standing upon their resignation.
(b)
Members who resign their membership and have
served at least five years in active status may keep their Class A
and Class B uniforms.
(3)
Failure to turn in or account for department-issued keys, uniforms, badges and equipment [except as noted in Subsection F(2)(a) and F(2)(b) above] or refusal to pay for their value in the event of loss or damage may constitute theft or destruction of Village property and may result in referral to the Village Counsel for prosecution of the former member.
A.
Any member desiring to transfer membership from one
company to another shall present to the Fire Council a certificate
signed by the Captains and Secretaries of the two organizations showing
consent of each organization to the transfer. A member may not request
a transfer before his probationary period is completed. If such transfer
is approved, the Fire Council shall advise the Board of Trustees.
[Amended 2-5-1996]
B.
New members transferring to the Fire Medic Unit must
meet the minimum membership requirements of said unit as they apply
to new members.
C.
Members transferring from the Fire Medic Unit to a
Fire-Fighting Company must meet the minimum requirements of the Department
as they apply to new members.
A leave of absence shall not be granted for
a period exceeding 60 days by any Company or Unit. Application for
a leave of absence exceeding 60 days shall be submitted by the Company
to the Council for its consideration.
The Department and each Company or Unit shall
have at least three drills a year. Members not attending at least
50% of such drills or giving an acceptable excuse for their absence
to the Council may be suspended by the Council. All members shall
be notified of Department and Company or Unit drills at least 72 hours
before the holding of such drill. Truck washings or changing of equipment
or Company room activities shall not be considered or allowed as drills.
A.
No intoxicating liquor and/or alcoholic beverages
shall be consumed by any member of the Fire Department while on active
duty as a fire fighter or during inspections, reviews or such other
activities at which it is obligatory to wear the uniform prescribed
by the Department. The penalty for violation of the rule may be expulsion
from the Department.
B.
No such liquor and/or alcoholic beverages shall be
permitted to be brought into or consumed in the Department or Company
rooms or anywhere in the firehouse premises, except that special permission
may be granted to the Department or any Company to serve liquor and/or
alcoholic beverages, permission first being obtained from the Board
of Trustees on written application; and when granted, the serving
of such beverages shall be under the control of the Company or Department
officers, who shall be personally held responsible for the excessive
consumption of such beverages.
A.
All drivers of fire apparatus shall be appointed by
the Board of Trustees on approval of the Council after recommendation
by the Company or Fire Medic Unit Captain, Motor Chief and Chief.
Only such appointed drivers may drive apparatus except in an emergency,
when the Chief or a line officer may designate a substitute.
B.
All drivers must pass a physical examination before
appointment and at such other times as the Board of Trustees or the
Council may direct. The Chief shall cause any driver to undergo a
physical examination at any time he has doubts of the physical condition
of a driver.
C.
No member shall adjust, fix or repair any of the apparatus
except the mechanic or mechanics as appointed by the Board of Trustees.
The apparatus of the Department shall not be
used outside of the Village limits without the approval of the Board
of Trustees, except in accordance with an agreement of the Board of
Trustees with the North Shore Fire Council or as the Board of Trustees
may prescribe. Except in case of an alarm, the apparatus shall not
be taken from the firehouse to any point within the limits of Sea
Cliff without permission from the Chief or Captain of a Company or
Unit. When authorized by a Captain of a Company or Unit, the Chief
shall be notified.
Only active members of the Department shall
be permitted to ride on any apparatus, with the exception of the ambulance
or Chief's cars, and any member in charge of such apparatus shall
be held accountable for the enforcement of this rule.
All requests for additions, repairs, improvements
or supplies of the various Companies or Fire Medic Unit may be submitted
by the Chief to the Council for its recommendation before he presents
them to the Board of Trustees. Emergency repairs may be made upon
the approval of the Chief.
A.
Persons not a member or employee of the Department
shall only be allowed access to the building when accompanied by a
member of the Department, who shall be responsible for the acts or
conduct of the visitor. The only exception to this will be those individuals
to whom permission has been granted by the Council or Board of Trustees.
B.
The handling of apparatus, equipment, supplies, etc.,
by anyone not a member is prohibited.
C.
Lounging upon the apparatus is prohibited.
Employees of the Department shall be under the
direct supervision of the Chief, who may recommend the employment
or discharge of such employees to the Council.
There shall be an annual inspection and review
of the Department each year, the day and time to be designated by
the Council upon recommendations of the Chief. Notice of such inspection
shall be mailed to each active member of the Department at least five
business days prior to the date. Any member not appearing at such
inspection and review in uniform of the Department shall be fined
$20. Such fine may be revoked by the Council upon a satisfactory excuse,
in writing, submitted to and accepted by the Council within 30 days
after the date of such inspection and review. Any member refusing
or neglecting to pay such fine or submit such written excuse within
30 days shall be expelled from the Department.
A.
Any Captain, Lieutenant or member in charge of any
Company or Unit while on duty who refuses or neglects to obey or execute
any order from the officer-in-charge at any fire, drill, inspection
or review shall, for such offense, be subject to suspension or expulsion
from the Department by the Council as prescribed for in the by laws
and rules of the Council.
B.
Any member or officer of the Department or any Unit,
Company or Companies of the Department who shall refuse or neglect
to obey or execute any orders of the Chief or officers-in-charge of
any fire, drill, inspection or review or who shall violate or willfully
neglect or refuse to be controlled, governed or managed by any of
the rules and bylaws of the Council that may be adopted from time
to time as herein provided shall be subject to suspension or expulsion
from the Department by the Council, in such manner and by such hearing
or trial as may be prescribed or provided for by the rules of said
Council.
C.
All charges for offenses or neglect of duty or insubordination
while on duty at a fire, drill or inspection or review that may be
preferred against any Company, Unit, officer or member of the Department
shall be tried and determined by the Council, its decision being final.
[Amended 2-5-1996]
B.
Chiefs, ex-Chiefs, the Department Surgeon, the Chaplain
and Motor Chiefs will wear white shirts.
C.
White hats shall be worn by all officers at the discretion
of the Council.
D.
A complete new uniform shall be issued to each member
upon completion of the member's probationary period. Any uniform item
that is lost or destroyed through negligence, as determined by the
Chief, shall be replaced at the member's expense.
A.
The Companies and Units shall adopt bylaws, rules
and regulations in conformity with the Department bylaws, rules and
regulations. Company and Unit bylaws, rules and regulations, and subsequent
amendments, must be approved by the Fire Council.
B.
Additions to or amendments of the Department bylaws,
rules and regulations may be recommended to the Fire Council by a
two-thirds vote of the membership present at a meeting called for
that specific purpose. Notice of a meeting to consider these changes
must be given to the members 30 days in advance of the meeting. Such
changes must then be submitted to the Council for its approval. A
two-thirds vote is required for Council approval. Once approved by
the Council, such additions or changes will then be submitted to the
Board of Trustees for its final approval.
C.
All bylaws, rules and regulations of the Department
or its several Companies or Units shall at all times comply with the
ordinances and laws of the Village of Sea Cliff and the State of New
York.
[Added 5-11-2020 by L.L. No. 8-2020]
A.
The Fire Department bylaws, and Village Code §§ A143-4 and A143-5, provide for the procedures and dates of election for Fire Department officers, including Captains, Lieutenants, Chiefs and Assistant Chiefs (the "Fire Department officers"). The terms of office for each such Fire Department Officer is one official year.
B.
For 2020,
the election dates for Fire Department officers were scheduled to
take place on April 7 and April 9, 2020.
C.
As a
consequence of New York State Governor's executive orders, the April
2020 elections for Fire Department officers have been postponed.
D.
For the Fire Department's 2020 official year, the election of the Fire Department officers shall take place on a date determined by the Fire Council, which date shall be no earlier than June 1. No other provision of Chapter A143 is changed on account of the change in election dates provided in this section.
