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HomeMy WebLinkAbout90-134 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION Date November 5, 1990 Resolution No. 90-134 Motion By xarvey Seconded By Sindt RESOLUTION WHEREAS, the Lakeville Fire Department Relief Association has requested the City to approve amended By-laws for the organization; and WHEREAS, it is in the best interest of the City and of the Relief Association that the By-laws be approved. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: The amended By-Laws of the Lakeville Fire Department Relief Association are hereby approved. ADOPTED this 5th day of November, 1990, by the City Council of the City of Lakeville. CITY OF KEVILLE r BY: Du ne R. Zaun Mayor .~iTTEST ti Charlene Friedges, City Clerk BY-LAWS OF THE LAREVILLE VOLUNTEER FIRE DEPARTMENT RELIEF A83OCIATION ARTICLE I. MEMBERSHIP Section 1. Any probationary or regular active member of the Lakeville Volunteer Fire Department who is under 54 years of age shall be eligible to apply for membership in this association. Section 2. Written application, accompanied by an application fee of $S.OO, may be made at any regular or special meeting of the Board of Trustees, and then laid over for one month for consideration. During this time, the Board of .Trustees shall conduct an investigation to determine if the applicant, due to some medically determinable physical or mental impairment or condition, would constitute for the association a predictable and unwarranted risk of liability for benefits at an age earlier than the minimum age specified for receipt of a service pension. If no such impairment or condition exists, the Board of Trustees shall appoint the applicant to membership in the association. If the application is not approved, the application fee shall be returned to the applicant. Section 3. Resignation or expulsion from the Lakeville Volunteer Fire Department or moving from (the vicinity of) the City of Lakeville to take up residence elsewhere, shall terminate the membership of the member so resigning, expelled, or moving; provided, however, that any member who has served for at least the . minimum number of years required by Article VIII of these By-Laws r12/07/90 . for vesting of pension rights as an active member of the Lakeville Volunteer Fire Department shall retain membership in this association, regardless of resignation, expulsion, or removal, subject to payment of dues and such other regulations which may be from time to time imposed. Membership shall terminate when payment of a service pension or total disability pension has been approved by the Board of Trustees. Section 4. Each member shall pay to the association annual dues of $1.00 payable on or before the date of the annual meeting of each year. Section 5. Any member of the association who fails to pay the dues within thirty (30) days of the time when such payment was due, stands suspended from membership and forfeits all rights and • benefits thereunder by such non-payment without any action by the association, or any officer thereof. Section 6. Any member who shall, in the opinion of a majority of the members of the Board of Trustees, fraudulently claim benefits from, or defrauds or attempts to defraud the association in any way, shall be suspended from membership by the Board, and shall forfeit all further rights to benefits from the association. Section 7. Any suspended member can only be reinstated upon application for reinstatement in writing, presented at a regular or special meeting of the association, accompanied by a sum of money equal to the amount which would have been payable during the period of suspension, plus a reinstatement fee of $10.00 upon the favorable vote of 2/3 of the members present and voting at such meeting, providing that a quorum is present.. If the application for -2- reinstatement is .rejected, the money accompanying the same shall be returned to the applicant. ARTICLE II. BOARD OF TRUSTEES Section 1. The Board of Trustees shall be composed of the following ten (10) persons: a President, a Vice President, a Secretary, a Treasurer, and two (2) general trustees, each of whom shall be elected for a three (3) year term as specified in this Article, or until their successor has been elected and qualified, at the. annual meeting of the association from its members, and the statutory ex officio members; the Chief of the Lakeville Volunteer Fire Department, the Mayor, City Clerk, and Finance Director of the City of Lakeville. Section 2. Terms of office of the general trustees and the officers shall be paired as follows: the two (2) general trustees; the President and the Vice President; the Treasurer and the Secretary. The terms shall be arranged so that one pair shall be elected at each annual meeting. If a vacancy, other than a vacancy caused by removal for cause of an officer or trustee, occurs during .the term of office of any officer or trustee, the remaining members of the Board of Trustees shall elect a member of the association to serve for the unexpired term of the vacated position. Section 3. A general trustee or officer may be removed for cause. Cause for removal shall include, but shall not be limited to, the breach of the duties as set forth in Articles II and III of these By-Laws. One or more of the trustees or officers may be • removed at a meeting of the membership which has been called for -3- that purpose by a 2/3 vote of those present and voting at such meeting, provided a quorum is present. Notice of the meeting at which removal is to be considered shall be given to each member and shall include the purpose of the meeting. The general trustee or officer shall be furnished with a statement of the particular charges at least five (5) days before the meeting is to be held. At the meeting, the general trustee or officer shall be given an opportunity to be fully heard as to each charge. If a general trustee or officer is removed, a replacement shall be elected at the same meeting, and such replacement shall serve out .the unexpired term of the removed general trustee or officer. Section 4. It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the association, and whenever loans or investments are made, to investigate and pass upon the securities offered and to attend to the drawing up and execution of the necessary papers. The Board shall order an audit of the books and accounts of the secretary and the treasurer annually, according to law, and shall submit a written report of the condition of the association to the members at the annual meeting. Section 5. The investment of the funds of the. association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes. Section 6. The members of-the Board of Trustees shall act as trustees with a fiduciary obligation to the members of the association, to the City of Lakeville, and to the State of Minnesota. -4- • ARTICLE III. DUTIES QF OFFICERS Section 1. It shall be the duty of the President to attend and to preside at all meetings of the association and the Board of Trustees. They shall enforce the due observance of the Articles of Incorporation and the By-Laws and see that the other officers properly perform the duties assigned to them. They shall sign all checks issued by the Treasurer and all other papers which require their signature. They shall be a member of all committees except the Aid Committee, and shall exercise careful supervision over the affairs of the association. They may receive .such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the association, and payable from the Special Fund of the association. Section 2. It shall be the duty of the Vice President to perform the duties of the President in their absence. In the absence of both the President and Vice President, it shall be the duty of the association to elect a President Pro Tem, who shall perform the duties incident to the office. Section 3. It shall be the duty of the Secretary to keep a true and accurate record of the proceedings of all meetings of the association and of the Board of Trustees. They shall keep a correct record of all amendments, alterations, and additions to the Articles of Incorporation or the By-Laws in a separate book from the minute books of the association. They shall cause due notice of all special meetings of the association and the Board of Trustees • to be given. They shall receive all monies due the association and -5- pay the same over to the Treasurer, taking a receipt for the same, and failing to do so, the Secretary may be impeached and expelled from the association. They shall keep a roll of membership, with the date of joining, resignation, discharge, leaves of absence, dues and assessments paid, and relief or pensions furnished. Their books shall be at all times open to inspection by the Board of Trustees. Prior to entering upon the duties of the office, they shall give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of their trusts and the full performance of the duties of the office. Such bond shall be paid for from the Special Fund of the association. They shall sign. all orders for payment issued to the Treasurer, prepare and file all reports and S statements required by law. They shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the association, and payable from the Special Fund. of the association. Section 4. It shall be the duty of the Treasurer to receive from the Secretary all funds belonging to the association and hold them subject to the order of the President and countersigned by the Secretary. They shall keep separate and distinct accounts of the General and Special Funds, and shall prepare and present to the Board of Trustees a full and detailed statement of the assets and liabilities of each fund at each meeting of the Board of Trustees, and prior to the annual meeting of the association. Failing in their obligations, they may be impeached and expelled from the association. They shall deliver to their successor in office, or -6- any committee appointed by the Board of Trustees to receive the same, all monies, books, papers, and other items pertaining to the office immediately upon expiration of their term of office. Prior to entering upon the duties of their office, they shall give a bond in such amount as required by law, and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of their trust and the faithful performance of the duties of their office. Such bond shall be paid for from the Special Fund of the association. Jointly with the Secretary, they shall prepare and file all reports and statements required by law. They shall receive such salary as may be fixed by the Board of Trustees from time to time, subject to approval of the association, and payable from the Special Fund of the association. Section 5. There shall be an Aid Committee, composed of the Vice President and two (2) other members of the association, who may or may not be members of the Board of Trustees, appointed by the President. The Vice President shall be the chairman of this committee. The duty of the committee shall be to make provisions for the assistance to be rendered to each sick or disabled member, and to the survivors of any deceased member. ARTICLE IV. MEETINGS Section 1. The annual meeting of the association, for the election of officers and trustees, and other business, shall be held on the last business meeting in January of each year. If such day falls on a holiday, the annual meeting shall be held on the • next following business meeting. -7- Section 2. The Board of Trustees shall hold at least four (4) regular meetings during each year. Section 3. Special meetings of the association or the Board of Trustees may be called by the President, or two (2) members of the Board of Trustees, and shall also be called upon written request of six (6) or more members of the association, Members or trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be contained in such notice. Section 4. A majority of the Board of Trustees then in office, and forty percent (40~) of the members of the association shall constitute a quorum for. the transaction of business at their meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make known to all affected members. Section 5. All reports and resolutions shall be submitted in writing, and no report shall be accepted unless it is the report of the majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. Section 6. All meetings shall be conducted according to Robert's Rules of Order as revised. Section 7. The Order of Business shall be: 1. Call to order. 2. Roll call. 3. Reading of minutes of previous meeting. 4. Reading of reports and minutes of meetings of Board of Trustees. -8- 5. Reports of officers. 6. Propositions for membership. 7. Reports of special committees. 8. Unfinished business. 9. Election of officers and trustees (annual meeting). 10. New business. 11. Adjournment. ARTICLE O. FUNDS Section 1. The funds received by this association from dues, fines, application fees, entertainments, and other miscellaneous sources shall be kept in the General Fund of the association on the books of the Secretary and the Treasurer, and may be disbursed for any purpose reasonably related to the welfare of the association or its members. Section 2. All funds received by the association from any tax sources, and all funds or property donated or granted to the association for the benefit of this fund shall be kept in a Special Fund on the books of the Secretary and the Treasurer and shall not be disbursed for any purpose except those specifically authorized by law. Section 3. No disbursement of funds of this association shall be made except by checks drawn by the Treasurer and countersigned by the President. Except when issued for salaries, pensions and other fixed .charges, the exact amount of which has previously been . determined and authorized by the Board of Trustees or the members, -9- • no check shall be issued until the claim to which it relates has been approved by the Board of Trustees. Section 4. All money belonging to the association shall be deposited to the credit of the association in such banks, trust companies, savings and loan associations, or other depositories as the Board of Trustees may designate. ARTICLE VI. APPLICATION FOR BENEFITS Section 1. All applications for relief or pension benefits shall be made in writing on forms furnished by the Secretary. Section 2. All applications for disability benefits shall be submitted to the Board of Trustees at a regular or special meeting of the Board. The application shall be accompanied by a certificate from the attending physician or surgeon setting forth the nature of the illness or injury, the cause and duration thereof, the length of time the applicant has been unable to perform any of the duties connected with their regular occupation and those of a firefighter, and an estimate of the time at which the applicant will be able to return to their regular occupation and to perform the duties of a firefighter. Section 3. All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the age of the applicant, the period or periods of service in, and the date of retirement from, active duty in the Lakeville Volunteer Fire Department, the length of time they have -10- been a member of the association, and such other information as the Board of Trustees may require.. Section 4. No benefits or pensions shall be paid until the application therefor has been approved by a majority vote of-the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits or pensions. No other benefits shall be paid to or on behalf of any member who has received a service pension. Section 5. For purposes of computing benefits or pensions payable under Articles VIT and VIII, a "year of service" shall be defined as a period of twelve (12) full months of active duty in the Lakeville Volunteer Fire Department, beginning on the date when the member became an active firefighter in said fire department. A • member unable to perform the duties of a firefighter because of a temporary disability incurred in the line of duty as a firefighter shall be considered to be on active duty. A member unable to perform the duties of a firefighter for any other reason shall not be considered to be on active duty. If a member's period of active service has not been continuous, parts of years may be added together to compute full years. ARTICLE VII. SICK AND DISABILITY BENEFITS Section 1. If a member of this association shall become totally and permanently disabled in the line of duty as a Lakeville Firefighter, to the extent that a physician or surgeon acceptable to the Board of Trustees shall certify that such disability will permanently prevent said member from performing their duties in the -11- Lakeville Volunteer Fire Department, the association shall pay to such member the amount per year of service for each year the member has served using the formula in Article VIII, Section 2, regardless of the firefighter's age and whether or not the firefighter has served in the Department twenty (20) years. If a member who has received such a disability pension should subsequently recover and return to active duty in the Lakeville Volunteer Fire Department, any amount paid to them as a disability pension shall be deducted from their retirement pension. Section 2. If a member of this association shall become totally and permanently disabled, not in the line of duty as a Lakeville Firefighter, to the extent that a physician or surgeon acceptable to the Board of Trustees, shall certify that such disability will permanently prevent said member from performing their duties in the Lakeville Volunteer Fire Department, the association shall pay to such member a pension pursuant to Article VIII, Section 6, only if the firefighter has served in the Department at least ten (10) years; and pursuant to Article VIII, Section 2, if the firefighter has served in the Department twenty (20) years or more. If a member who has received such a disability pension should subsequently recover and return to active duty in the Lakeville Volunteer Fire Department., any amount paid to them as a disability pension shall be deducted from their retirement pension. -12- • ARTICLE VIII. DEATH BENEFITS AND PENSIONS SBCtiOII 1. Upon the death of any member of the association who is in good standing at the time of their death, the association shall pay to the surviving spouse, if any, and if there is no surviving spouse, to surviving child or children, if any, and if no child or children survive, to the estate of such deceased member the amount per year of service for each year the member has served, which would have been earned had the member served for twenty (20) years or more as an active member of the Lakeville Volunteer Fire Department. Section 2. The association shall pay to each member who shall have served as an active firefighter in the Lakeville Volunteer • Fire Department for a period of twenty (20) years or more prior to their resignation from said fire department, and who has reached the age of fifty (50) years or more, and who has been a member of the association for at least ten (10) years, the following sum for each year that they served as an active firefighter in said fire department: Amount Effective Date $2,750.00 January 1, 1990 $3,000.00 January 1, 1991 $3,250.00 January 1, 1992 $3,400.00 January 1, 1993 $3,550.00 January 1, 1994 Section 3. If a member of the association shall have served in the Lakeville Volunteer Fire Department for at least twenty (20) years, but has not reached the age of fifty (50) years, they may • retire from said Fire Department and be placed on the deferred -13- • pension roll. When they reach the age of fifty (50) years, and provided that at the time they have been a member of the association for at least ten (10) years, they shall be paid the current year retirement rate for each year that they served as an active member of said fire department. During the time that any member is on the deferred pension roll, they shall continue to pay their dues, and they will not be eligible to receive any of the benefits provided for in Article VII. Section 4. During the time that a member is on the deferred pension roll, the association shall add to the amount payable to such member interest, compounded annually, at the rate actually earned on the assets of the Special Fund, but not to exceed five percent (5~) per year. If the association increases the benefit per • year of service during the time a member is on the deferred pension roll, such member shall be paid, when the member becomes eligible to receive a pension, either the amount which was payable at the time when the member was placed on the deferred pension roll, with added interest, or the amount per year payable at the time of reaching eligibility, whichever amount is greater. Section 5. No less than thirty (30) days before becoming eligible to receive a lump sum pension, a member of this association may make an irrevocable election that such pension shall be paid in a number of annual installments. If the member who has made such an election dies before all of the member's pension has been paid, any amount thereof remaining unpaid at the time of their death shall be paid to their named beneficiary, and if no • beneficiary has been named, to their surviving spouse, child or -14- • children, or estate. The association shall add interest, compounded annually, at the rate actually earned on the assets of the Special Fund, but not to exceed five percent (5~) per year, to the unpaid amount of installments owed to any member who has made an installment election, or to their survivors. Section 6. If a member shall have served for more than ten (10) years, but less than twenty (20) years, as an active firefighter in the Lakeville Volunteer Fire Department, they may retire from said fire department and be placed on the early vested pension roll. When they reach the age of fifty (50) years, and provided that at that time they have been a member of the association for at least ten (10) yearn, they shall, upon application therefor, be paid in the following manner with no • interest added: a. For active duty of more than ten (10) years, but less than eleven (11) years, sixty percent (60~) of the amount per year of active service which would have been earned, had the member served for twenty (20) years or more; b. For active duty of more than eleven (11) years, but less than twenty (20) years, four percent (4~) of the amount per year of active service which would have been earned, had the member served for twenty (20) years or more, shall be added for each additional year of service between eleven (11) and twenty (20) years; c. During the time that any member is on the early vested pension roll, the member shall continue to pay dues, and the member will not be eligible to receive any of the benefits provided for in Article VII. Pensions payable to members on the early vested pension roll shall be based on the amount payable per year of service in effect at the time of such early retirement; d. If a member who is on the early vested pension roll dies before becoming eligible to receive the pension, the amount payable to such member's survivor, survivors, or . estate shall be such amount as was payable to such member under the provisions of this section; -15- e. If a member who is on the "Early Vested Pension Roll" returns to active duty, the amount payable for years of service accrued prior to the member's return shall be the amount payable at the time of the member's initial retirement. The amount payable for the years of service after the return to active duty shall be the amount payable at the time the firefighter subsequently retires. ARTICLE IS. AMENDMENTS Section 1. The By-Laws of this association may be amended at any regular or special meeting of the association by a favorable vote of 2/3 of the members present and voting, providing a quorum is present; and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than thirty-one (31) days next preceding the date upon which such amendment or amendments are to be acted upon, and that a notice be mailed to each member at the their last known address not less than ten (10) days prior to the scheduled date of such meeting; and provided further, that if such amendment or amendments shall change the amount of benefits or pensions, approval of the City Council of Lakeville must be obtained before such change may take effect. Approved by the members on May 21, 1990 , with certain revisions approved October 22, 1990 Approved by the City Council of Lakeville on November 5, 1990 -16-