(a) Board Established; Purpose. Pursuant to the provisions of ORC 146.02(A), the City of Mount Vernon does hereby establish the Mount Vernon Volunteer Firefighters’ Dependents Fund Board for the administration of Mount Vernon’s participation in the Ohio Volunteer Firefighters’ Dependents Fund.
(b) Board Members; Vacancies.
(1) The Mount Vernon Volunteer Firefighters’ Dependents Fund Board shall consist of five (5) members elected annually for terms beginning January 1 in accordance with the following:
A. Two (2) members elected by City Council. The election of such members shall be held each year no earlier than the first day of November and no later than the second Monday in December.
B. Two (2) members elected by the employees of the Mount Vernon Fire Department who shall be employees of the same.
1. The election of such members shall be held each year on or before the second Monday in December in accordance with ORC 146.04(C).
2. The Secretary of the Volunteer Firefighters’ Dependents Fund Board shall give notice of such election by posting it in a conspicuous place at the headquarters of the Mount Vernon Fire Department, and at the house of each company composing the Mount Vernon Fire Department.
3. Voting shall take place from 9:00 a.m. to 9:00 p.m. on the day of the election during which time each member of the Mount Vernon Fire Department shall send in writing the names of two persons, who are members of the Mount Vernon Fire Department, who are the member’s choices.
4. All votes cast shall be counted and recorded by the Board which shall announce the result. The two (2) persons receiving the highest number of votes are elected. If any two (2) persons receive the same number of votes, the tie shall be broken by lot or in a manner agreed to by both persons for whom such tie vote was cast.
C. One (1) member elected by the other four (4) members of the Board who were elected pursuant to subsections (b)(1)A. and B. above, who shall be an elector of the City of Mount Vernon, but who shall not be a public employee and who shall hold no other elected or appointed municipal office.
1. The election of such member shall take place each year on or before December 31st.
(2) Any vacancy occurring on the Mount Vernon Volunteer Firefighters’ Dependents Fund Board shall be filled at a special election called by the Secretary of the Board.
(c) Board Officers; Organization.
(1) The Board shall meet promptly after its election and elect from among its members a Chairperson and a Secretary.
(2) The Secretary shall keep a complete record of proceedings of the Board which record shall be maintained as a permanent file.
(3) The Board may adopt rules as it deems necessary for the handling and processing of claims and such other duties as are required by ORC Chapter 146.
(4) The Secretary of the Board shall immediately certify to that state fire marshal the names and addresses of the members elected, by whom eleccted, and the names of the Board Chairperson and Secretary. The Secretary shall also forward a certificate prepared by the clerk of the City of the current assessed valuation of the City or fire district if the City is a member of the Ohio Volunteer Firefighters’ Dependents Fund.
(d) Legal Counsel. The legal advisor for the Volunteer Firefighters’ Dependents Fund Board shall be the Knox County Prosecutor pursuant to ORC 146.06.
(e) Meetings; Notice.
(1) The Board shall meet at a City-owned facility as necessary to conduct its business in accordance with this chapter and ORC Chapter 146.
(2) The Secretary of the Board shall post notice of all such meetings in accordance with ORC Section 121.22.
(f) Filing of Claims.
(1) Initial claims made under ORC Section 146.14 for benefits payable under ORC Section 146.12 for members of the Mount Vernon Fire Department shall be filed with the Volunteer Firefighters’ Dependents Fund Board in accordance with ORC Section 146.14.
(2) After such initial filing, claims may be transferred at the request of the claimant or the Board to another Volunteer Firefighters’ Dependents Fund Board near the current residence of the claimant provided that the transfer is mutually agreed to by the Boards involved.
(g) Certifying Claims for Payment.
(1) The Board shall meet within five (5) days after receipt of a claim to consider the claim and, if satisfied with the validity of the claim, shall make a determination of the amount due and to become due and shall certify its determination to the state fire marshal for payment.
A. The certificate shall show the name and address of the Board, the name and address of each beneficiary of the claim, the amount to be received by or on behalf of each beneficiary, and the name and address of the person to whom the payments shall be made.
B. The Board may make a continuing order for monthly payments to become due to a claimant for a period not exceeding three (3) months from the date of the determination.
C. The determination may be modified after issuance to reflect any changes in eligibility of the claimant.
D. If no changes occur at the end of the three (3)month period, it is sufficient authority for the state fire marshal to provide for payment if the Board certifies to the state fire marshal that the original certificate is continued for an additional three (3) month period.
(2) If the Board, after consideration of a claim, finds that the claimant has no right to benefits or that the claim is without merit, it shall deny the claim and issue notice of such action by delivering to the claimant a copy of the order, or by leaving a copy at the claimant’s place of residence, or by mailing to the claimant a copy thereof by registered mail.
(Ord. 2024-13. Passed 4-8-24.)