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§ 32.69 MEMBERSHIP.
   Membership of this Department shall be divided into three types: active, associate and probationary trainee.
   (A)   The membership of this Department shall be limited to 15 active members and as many probationary trainees as deemed necessary by the Fire Chief.
      (1)   Active firefighters shall have full voting rights and will be eligible to hold elective offices in this Department.
      (2)   To remain active, members must meet the following requirements:
         (a)   Attendance at 33% of each of the following:
            1.   Fire and related alarms;
            2.   Work details;
            3.   Training meetings; and
            4.   Attendance exceeding the minimum in one category may be used in another category, but no category may be less than 25%. Credit will be given for attendance at a fire or related alarm if the volunteer remains at the station and assists with truck preparation when it returns, although it will not be necessary to remain if the volunteer must return or report to work.
         (b)   That they reside within ten miles of Paoli town limits or work full time in Paoli at a job they may leave for alarms;
         (c)   That they have taken and passed a physical examination during the last two years or more often, if required by the Fire Chief;
         (d)   That they have taken and passed a mandatory drug test and background check. Furthermore, they shall submit to future drug tests as required by the Fire Chief;
         (e)   That they have acquired and maintained an acceptable level of proficiency and knowledge of firefighting practices, as determined by the Fire Chief;
         (f)   All members will work together in harmony and strive for the betterment of the Department;
         (g)   To respond to all fire alarms and calls of the Chief or his or her assistants as far as possible; and
         (h)   To assist in keeping the Department and all of the equipment clean and in good operating condition.
      (3)   Excusable reasons for not participating will be sickness, death in family, working schedules, vacations or others approved by the Fire Chief.
   (B)   Associate members are those active members who have chosen to become inactive in Department functions or those who can no longer serve as active members due to circumstances such as (but not limited to) illness, physical handicaps, military duty or working handicaps.
      (1)   Associate members may attend all meetings and be active in all Department functions other than actual firefighting.
      (2)   Associate members will not have voting powers, but will have a floor voice at all business meetings.
      (3)   Associate members will be eligible for appointed office such as committee chairmen and the like.
      (4)   Associate members shall be known as active firefighters upon the direction and by being declared so by the ranking officer in charge at a fire.
      (5)   Associate members may become active members in the event of an active membership vacancy if approved by the majority of members present at a regular meeting.
      (6)   When active members go associate, they will be compensated for the entire six month compensation period.
      (7)   When active members go associate, they will remain as associate members either indefinitely or until a request is heard from said member to be deleted from the associate membership roll.
   (C)   Probationary trainees will be those who have made application, on the prescribed forms, and have been accepted by the majority of the active members present at a regular meeting. Applicants shall not be present on the day of voting on their membership. The vote will be by secret ballot.
      (1)   To be eligible for application, the applicant must be over the age of 18, of sound mind, physically fit, and a resident of the Town of Paoli, Indiana, or reside within ten miles of Paoli town limits or work full-time at a job in Paoli which they may leave for fire alarms.
         (a)   Applicants 21 or older will be shown preference.
         (b)   All applicants must have a high school education or equivalent.
      (2)   All applicants must furnish a statement of physical fitness signed by a licensed M.D. to meet Fire Department standards.
      (3)   Probationary trainees will be required to participate in a nine month training program covering various phases of firefighting and first aid practice. He or she will then be eligible for an active membership vote whenever a vacancy occurs. Probationary trainees must be 18 years of age in order to be eligible for active membership.
      (4)   Probationary trainees may attend all business meetings and Department functions. They will not have voting rights but will have a floor voice.
      (5)   In the event of two or more trainees becoming eligible for an active membership vote, the one showing the greatest amount of interest such as regular attendance and willingness to learn and participate will be considered first.
(Ord. 2017-07, passed 9-19-17)
§ 32.70 RULES GOVERNING MEMBERSHIP.
   Any member who fails to do the duties prescribed for members shall forfeit their right to membership of the Department.
   (A)   Acts of insubordination and/or defamation of the Department shall be controlled by the Fire Chief.
   (B)   Whenever the Fire Chief, after just consideration, terminates a member, they must present their claims at a regular business meeting. The member shall have die right to be heard. After all discussion by the Fire Chief and the said member, in front of all members present at a regularly scheduled meeting when it will be voted upon by all members present in the absence of the said member. The Fire Chief’s decision will be overturned only if at least three-fourths of the members voting are in favor of revoking the termination.
(Ord. 2017-07, passed 9-19-17)
§ 32.71 OFFICERS.
   Officers of this Department shall include Chief, Assistant Chief, First Captain, First Lieutenant and Secretary/Treasurer.
   (A)   The Chief shall be executive officer of the Department in complete charge of all fires, meetings and functions.
   (B)   The Assistant Chief will be in command in the absence of the Chief.
   (C)   The First Captain, or in his absence, the First Lieutenant will be in command in the absence of the superior officers.
   (D)   The Secretary and/or Treasurer shall keep minutes of meetings, handle correspondence, disperse all monies and maintain an accurate bookkeeping system. All checks will be signed by the Treasurer.
   (E)   Any member who has been in active membership in good standing for at least the 12 month period prior to elections will be eligible for nomination and election to any office, with the exception of Chief. The Chief must be chosen from the roll of officers who have served during the preceding four years.
   (F)   All terms of office will run from January 1 until December 31.
   (G)   The officers will be appointed by the Chief. Initial appointments are by the Chief. After one year, the Chief may extend the appointment for one year or remove the officer. A two-thirds vote of the members will reinstate the removed officer after the officer the officer has served in the position for two consecutive years.
   (H)   In the event a vacancy occurs in the ranks of the elected officers, a special election shall be held to fill the vacancy at the next regularly scheduled meeting after the vacancy occurs, with majority rules prevailing. Nominations will be open from the floor.
   (I)   Any office with no nominees will be filled by appointment by the Fire Chief for the upcoming year.
(Ord. 2017-07, passed 9-19-17)
§ 32.72 ELECTIONS.
   (A)   Nominations will be held at the regular November business meeting.
   (B)   Voting on the nominations will be at the regular December business meeting.
   (C)   The election of officers will be conducted by active members of the Department who may or may not vote at their discretion.
   (D)   All officers shall be elected by secret ballot, majority will rule.
(Ord. 2017-07, passed 9-19-17)
§ 32.73 MEETINGS.
   (A)   There shall be at least one business meeting each month and as many training meetings deemed necessary by the Fire Chief.
   (B)   The regular business meeting shall be on every Tuesday of each month at 6:30 p.m.
   (C)   Called meetings shall be at the discretion of the Chief or his or her assistants.
   (D)   Parliamentary procedure shall rule at all meetings.
   (E)   There will be no monetary dues or assessments levied.
   (F)   Any changes in the by-laws will be put in the form of a written motion presented at the April meeting and voted on at the May meeting. The motions shall be posted in the fire station, by the Secretary, for the perusal of the membership between the April and May meetings. Approval of the Town Council is required.
(Ord. 2017-07, passed 9-19-17)
§ 32.74 COMMITTEES.
   There will be one standing committee.
   (A)   A Membership Investigating Committee consisting of the Assistant Chief and two active members appointed by the Chief shall investigate prospective members and present their findings at the time of the vote.
   (B)   The Chief will be a member of all committees and appoint all committees.
(Ord. 2017-07, passed 9-19-17)
§ 32.75 CHARGES FOR CERTAIN FIRE SERVICES.
   (A)   The following charges shall be made for services rendered by the Paoli Municipal Volunteer Fire Department, unless the property is located within the town limits, within a township with which the town has a contract or within a county with which the town has a mutual aid agreement:
      (1)   For initial response with a fire engine, a fire truck or a fire apparatus, including a hazardous material response unit, or a fire rescue unit dispatched on a fire or hazardous material incident, $250 per response vehicle except a command/control vehicle, which is $100 per vehicle.
      (2)   For each hour or fraction thereof of on-scene assistance, $150 per response unit and $50 per command/control vehicle;
      (3)   For expendable materials such as absorption materials, emulsifiers or other agents used in cleanup operations, the actual replacement cost of those materials; and
      (4)   For collection of debris, chemicals, fuel or contaminated materials resulting from a
spill, the actual cost of removal and disposal at an authorized locations.
   (B)   The Paoli Municipal Volunteer Fire Department or its agent may maintain a civil action to recover an unpaid service charge under this section and may, if it prevails, recover all costs of the action, including reasonable attorney's fees.
(Ord. 2017-07, passed 9-19-17)