By - Laws of The Somers Exempt Volunteer Firemen's
Benevolent Association Incorporated


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Artical 7 Section 1 Updated March 27, 2007

Artical 4 Section 1 & 3 Updated March 24, 2008

Artical 6 Section 1,2,4,5 Updated March 24, 2008

ARTICLE 1

Section 1.     This organization shall be known as the:
Somers Exempt Volunteer Firemen's Benevolent Association, Inc.

Section 2.     The seal of the Association shall by cylindrical in term and shall contain the following wording:

Somers Exempt Volunteer Firemen's Benevolent Association, Inc.

ARTICLE 2
Membership

Section 1.     Any active volunteer fireman serving in the Somers Volunteer Fire Department, in good standing, or any exempt fireman who has served a period of five years and holds an exempt certificate issued by the Somers Volunteer Fire Department, after creation of this Association, is entitled to become a member of the Somers Exempt Volunteer Firemen's Benevolent Association, Inc.

Section 2.     Exempt fireman holding an exempt certificate issued prior to the formation of this Association, and who is shown to be in good health by the certificate of a qualified Physician, may become a member by submitting his exempt certificate to the Board of Trustees with a majority vote of the Trustees and payment of an initiation fee as prescribed by the Board of Trustees.

Section 3.     Any active member of the Somers Volunteer Fire Department shall forfeit his membership in this Association if his connection with said volunteer fire department is severed before his full five years therein; provided however, that any active member in good standing, who has served the term of one full year as an active fireman, and the said Volunteer Fire Department disbands, this active fireman shall not forfeit his membership in this Association.

Section 4.      Any active member of the Somers Volunteer Fire Department shall forfeit his membership in this Association, who becomes a salaried member thereof before serving said period of five years as a Volunteer Fireman.

Section 5.      Any Volunteer Fireman who has been removed for cause, or expelled from any fire company or department, and who has not been reinstated, shall forfeit and not be eligible for membership in this Association.

Section 8.      All applications for membership must be accompanied by the prescribed initiation fee, said fee to be returned if the candidate is rejected.

Section 7.     Application for membership shall be made on a form provided for that purpose, accompanied by such fee as is prescribed in Article III of these By-Laws, and may be submitted to the Board of Trustees at anytime, when, if approved by a majority of the members of the Board, applicant shall be balloted upon at the next regular meeting of the Association. Every person elected into membership shall be notified by the Secretary and after paying his dues, shall be placed on the current membership roll.

Section 8.     Every member shall be furnished with a copy of the By-Laws of the Association within thirty days after the member's election. Upon paying initiation fees and membership dues for the then current year the newly elected member shall be entitled to all rights and privileges of membership in the Association.

Section 9.      Membership shall be terminated by the death, resignation, or expulsion of a member or by the dissolution or Liquidation of the corporation. The happening of any such event shall terminate any right or interest of a member in the corporation.

Section 10. Members shall have, upon dissolution or Liquidation of the corporation, only such distributive rights relating to any initiation fees, dues, and assessments paid by them.

ARTICLE 3
Initiation Fee

Section 1.     Initiation fee for active volunteer fireman after the closing of the charter membership in this Association shall be as follows:

Age 18 to 30 years inclusive $ 5.00
Age 31 to 40 years inclusive 10.00
Age 41 to 49 years inclusive 20.00
Age 50 to 55 years inclusive 30.00
Age 56 and over 50.00

Section 2.      Initiation fee for Somers Exempt Firemen after closing of the charter membership in this Association shall be as follows:

Age 23 to 49 years inclusive $40.00
Age 50 and over 50.00
Plus $2.00 for each year over 50

ARTICLE 4
Officer and Trustees
Section 1 & 3 Updated March 24, 2008

Section 1.     The officers of this Association shall be the President, Vice-President, Secretary and Treasurer, and all of whom shall be members of a Board of Trustees composed of five (5) members. Each year, within thirty (30) days following the Annual Meeting, the officers shall be selected by the Board of Trustees.

Section 2.     There shall be a Board of Trustees consisting of the officers enumerated in Section 1 of this article and two (2) additional members of this Association, in which Board of Trustees shall be vested the management of this Association. The Board of Trustees shall be members of the Association who have served at least five (5) years as active members of the Somers Volunteer Fire Department.

Section 3.     Trustees shall be elected at the annual meeting. The terms of office of each Trustee shall be five years and begin immediatly following ajournment of the annual meeting.

Section 4.     In case of a vacancy in any office or among the Trustees occurs before the next regular election, the Board of Trustees shall appoint a successor to fill the term until the next election.

Section 5.     In the absence of fraud the trustees shall not be personally liable for the debts or obligations of the Association except as otherwise provided by statute.

Section 6.     In addition to the powers expressly conferred by these by-laws the Board of Trustees may do such lawful acts as are not by statute, or by the certificate of incorporation, or by these By-Laws specifically proscribed.

ARTICLE 5
Meetings

Section 1.     The annual meeting and election of this Association shall be held on the (fourth Monday of March) in each year and requires that a quorum of the Board of Trustees be present.

Section 2.     Special meetings of this Association shall be called by the President upon his own initiative; upon the written request of at least twelve members; or upon the request ot the Board of Trustees.

Section 3.     Notice of annual or special meetings of the Association shall be mailed by the Secretary at least ten days prior to the meeting date, utilizing the most current membership list available to the Secretary.

Section 4.     The Board of Trustees shall meet at least twice (2) a year. The Board shall, in addition, meet whenever they deem it necessary. Any three (3) members of the Board shall constitute a quorum.

Section 5.     At the annual meeting, the trustees will make a report available to the members of the Association regarding the balance sheet as of December 31 the preceding year, and those other financial statements that are regularly submitted to the State of New York.

ARTICLE 6
Duties of Officers
Section 1,2,4,5 Updated March, 24 2008

Section 1.     It shall be the duty of the President to preside at all meetings of the Association and of the Board of Trustees; to see that proper order is kept; to convene special meetings as provided herein; and to appoint all committees when not otherwise provided for.

Section 2.     Two signatures from any two members of the board of Trustees shall appeare on all checks for the payment of bills and other claims duly audited and allowed by the Board of trustees.

Section 3.     The Vice-President shall perform all the duties of the President in case of vacancy or absence.

Section 4.     It shall be the duty of the Secretary to keep a true account of the Association, and the Board of Trustees at each meeting; to read the minutes of the preceding meeting; to keep and file all documents relating to the business of the Association: to notify every member of their election and furnish them with a copy of the By-laws within thirty days after the election. The Secretary shall keep a permanent record of all members.

Section 5. It shall be the duty of the Treasurer to receive all the monies and to collect and receive taxes as authorized by Section 9104 and 9105 of the Insurance Law, shall have all powers and be subject to all provisions of the Insurance Law and deposit the same in such bank or trust company or savings and Loan Association as shall be designated by the Board of Trustees, to the credit of this Association. The Treasurer shall pay all approved bills and other claimsand shall render a report of said payments at each regular meeting. The Treasurer shall also report at each stated meeting, all delinquent members who have not complied with the By-Laws. The Treasurer may be compensated a sum, to be determined by the Board of Trustees, for services rendered, payable quarterly during the Treasurer's term at office.

Section 6.    It shall be the duty of the Board of Trustees, to attend to the general interests of this Association: to obtain information as to heath; age arid quantifications of applicants for membership. It shall be the duty of the Board of Trustees to make investigations immediately after the death of a member or after the filing of a claim by an indigent member, or the filing of a claim by any member of the Indigent member's family to determine the needs of the member, his beneficiaries or the members of his family. The Board of Trustees making the investigation shall make recommendations to the full board who will thereupon determine the amount of money to be paid, if any, and over what time it shall be paid, and thereupon pay the same. All reports of investigations. Recommendations and determination by the Board of Trustees shall be in writing, sealed and filed with the Secretary of the Association. The Board of Trustees shall hire an accountant to audit the books of the Association at least once a year. The books to be audited will include those of the Secretary? Treasurer and any books relating to finances of the Association used in connection with any money transactions. The President, Vice-President, and Secretary/Treasurer shall be bonded for an amount to be determined by the Board of Trustees, the premium of said bond to be paid by the Association.

Section 7.     All routine expenditures shall be paid on approval of the President and Secretary/Treasurer without waiting for the next meeting.

Section 8.     Any officer or Trustee who is absent from three successive meetings, of any type, shall be notified to appear at the next meeting and show cause why he or they should not be removed from office.

ARTICLE 7
Dues and Duties of Members
Setion 1 Updated March 27, 2007

Section 1.      Every member shall pay to the treasurer in person or by United States Mail, in addition to his initiation fee, two ($2.00) dollars yearly membership dues. Membership dues are payable prior to, or the day of, the association's annual meeting in order for the member to be eligible to vote at the annual meeting. The Secretary by the end of the month following the annual meeting shall send by United States Certified Mail, return receipt requested, a final membership dues demand and notification letter to the member in arrears. If the member fails to pay their membership dues in person or by United States Mail within (45) days following the postmarked date of this notification the member shall be dropped from membership and forfeit all the benefits of this Association. The member in arrears shall also be responsible to pay the cost of the certified return receipt requested mailing if the membership dues demand letter is sent.

Section 2.     A member of this Association who is also a member of the Somers Volunteer Fire Department at any time before he has served as an active member of said Fire Department for five (5) years, shall forfeit his membership in this Association and his right to any of the benefits and privileges thereof, as of the time such leave of absence takes effect, subject however, to reinstatement to membership in this Association by the usual application and action on the same, If said person shall thereafter again become a fully privileged member of said Fire Department.

Section 3.     Any member may be expelled form this Association by an affirmative vote of two-thirds (2/3) of the members present at a meeting, or the annual meeting, if he shall have been convicted of a felony.

Section 4.     Any member who refuses to pledge allegiance to the flag of the United States of America shall be dismissed from any meeting by the presiding officer and then expelled as a member of this Association by a majority vote of the membership present at said meeting.

Section 5.     Every member is required to conduct him or herself in a manner that is consistent with advancing the purpose of the Association to provide relief, aid and assistance to members and their families who are disabled or indigent.

Sections 6.     Every member is required to notify the Secretary of any change of address or any change of beneficiaries, If a member's annual notice of the Association's annual meeting is returned to the Secretary as non-deliverable for two (2) consecutive years the member shall be dropped from the Association's membership roll, and shall thereafter forfeit all benefits of the Association.

ARTICLE 8
Benefits

Section 1.     Each and every member of the Association shall designate his beneficiary whose name will be recorded by the Secretary. Members shall have the right to change the beneficiary by notifying the Secretary of the Association in writing on forms to be provided. The Secretary shall thereupon endorse the change of beneficiary.

Section 2.     No death benefit shall be paid unless proof of death satisfactory to the insurance carrier is provided to it by the personal representative of the decedent and that the insurance carrier's regulations are complied with.

Section 3.     The beneficiary of a deceased me member in good standing shall be entitled to what ever sum of money that maybe payable under the Associations then in effect insurance program.

Section 4.     Any member of the Association who shall suffer any injury or sickness from any cause shall be entitled to file a claim for benefits as an indigent person. Any member who by reason of injury or sickness to members of his immediate family may also file a claim under this section as an indigent person. That person shall be entitled to receive whatever amount, if any, that the Board of Trustees may determine and shall receive said sum in one lump payment or over a period of time.

Section 5.     The Board of Trustees in determining the amount to be paid for claims by indigent firemen and their families, shall at all times take Into consideration the amount of funds available in the treasury of the Association for these purposes.

ARTICLE 9
Amendments

Section 1.     These By-Laws may be amended by a two-thirds (2/3) plurality of the number of ballots counted at the most recent past annual meeting of the Association provided that a notice of the proposed amendments be mailed to each member of the Association not less than thirty (30) days prior to the meeting to consider said amendments by the Secretary of the Association or his designee, only. The voting shall be conducted under and by the authority of the Board of Trustees as provided by these By-Laws.

ARTICLE 10
Censure, Suspension and Expulsion of Members

Section 1.     It the conduct of a member shall appear to the Board of Trustees to be disorderly or to be prejudicial to the welfare or good name of the Association, or if in any way any member conduct himself in a manner not authorized by or in violation of the By-Laws of the Association he may be subject to censure, suspension or expulsion, on the discretion of the Board of Trustees depending on whether said misconduct or infraction be slight or serious. Any misconduct or infraction, which may be regarded as merely to subject the offending member to censure for the first offense, shall subject him to suspension or expulsion upon the repetition of such misconduct or infraction.

Section 2.     To assist the Board of Trustees in making a determination as to censure, suspension and expulsion of members it shall appoint a Board of Review comprised of three non-trustee members of the Association who will serve at the sole discretion of the Board of Trustees. The Board of Review shall undertake its' investigation 01 the member's conduct and shall conduct hearings into the matter assigned to it for review and it shall conclude Its' activities and make its' recommendations to the Board of Trustees within thirty (30) days of its' appointment.

Section 3.     The Board of Trustees shall inform the offending member by written notice which shall be served upon him personally or by mail directed to his address ash shall appear on the books or records of the Association or to such address as shall have been designated by him, informing him of the nature of the misconduct or violation and of the time appointed when he may be heard in his defense before a Board of Review. Such notice by the Board of Trustees shall not be given less than fourteen (14) days before a hearing date has been established by a Board of Review.

Section 4.     At such heating before a Board at Review the offending mentor shall be given an opportunity to be heard in his own defense in person or by attorney and in the discretion of a Board of Review it may recommend to the Board of Trustees that the offending member be exonerated, censured, suspended or expelled. In such case if such offending member shall not appear at the time fixed for the heating, judgment shall be passed upon him by debut.

Section 5.     In case such offending member be suspended from membership in the Association by the Board of Trustees, he shall be deprived of all rights and privileges of membership except benefits for a period of no more than six (6) months and at the expiration of such period such member shall be restored to all the tights and privileges of membership.

Section 6. In case such offending member be expelled from membership in the Association, he shall forthwith be deprived of all rights and privileges of membership and shall forfeit all his rights, title and interest in or to the Association or its property.

ARTICLE 11

Section 1.     Any dispute or interpretive issue relating to these By-Laws shall be resolved by the Board of Trustees and their resolution shall be final and binding.

NOTES

Section 1.     Any singular word or term herein shall also be read as in the plural whenever the sense of these By-Laws may require it and likewise any plural word or term herein shall also be read as in the singular whenever the sense of these By-Laws may require it.

Section 2.     Any word of gender herein shall be read as referring to both males' arid females alike. For example, the term "firemen" shall be read to refer to both males and females; the term "he" and "she" shall be read to refer to each.


Revised 1991


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