Otto Fire Department 
CONSTITUTION AND BY-LAWS OF OTTO FIRE COMPANY, INC.
ARTICLE 1 - Name, Purpose and Territory
Section 1.
The name of this organization shall be Otto Fire Company, Incorporated.
Section 2.
The objectives of this organization shall be as follows:
(a) To care for and maintain equipment and/or apparatus of any kind or nature for use by the organization in the protection of persons and property from injury, death, loss, damage or destruction by fire or natural disasters.
(b) To provide suitable quarters for the use of the members and in connection with the housing of fire apparatus and equipment.
(c) To save lives and protect the property of the residents of and visitors to the territory in which the operations of the organization are principally conducted and to territory adjacent thereto.
(d) To provide fire prevention and fire safety education to the community.
(e) To foster interest in all matters pertaining to the volunteer fire service and the welfare of members and all volunteer firefighters.
(f) To inculcate love of country, good citizenship, civic virtue, and self-sacrifice, and to perpetuate the spirit which from the earliest days has actuated volunteer firefighters in the rendition of service of the highest type in the protection of life and property from fire, without the hope of fee or reward.
Section 3.
The territory in which the operations of the organization shall be principally conducted is as follows: All lands and waterways within the boundaries of the Town of Otto, Cattaraugus County, New York, and all additional territory which is protected under contract from adjoining towns through the Board of Fire Commissioners.
ARTICLE II - Membership
Section 1.
Membership in this organization shall be divided into five classes. They are as follows; Active, Ambulance Squad, Inactive, Exempt, and Honorary.
Section 2. - Active Members
Persons shall be eligible for active memberships who are at least 18 years of age, citizens of the United States of America, of good moral character, and preferably a resident of the territory protected by the organization. Extenuating circumstances may allow an applicant to reside outside the district as long as the distance does not exceed 2.5 miles from the fire hall. Persons who work in the area protected by the organization a reasonable amount of time, and who are not members of another firefighting organization, shall also be permitted to apply for membership. Membership shall be limited to forty active members.
Section 3. - Ambulance Squad
Persons who wish to contribute to the organization in the ambulance squad, but do not wish full membership as an active member, may be Ambulance squad members. All requirements for attainment of membership shall apply. Ambulance squad members may attend meetings and all organization events, but shall not have voting privileges. They are also exempt from attendance requirements for regular meetings. Persons who work in the area protected by the organization a reasonable amount of time, and who are not members of another firefighting organization, shall be permitted to apply for membership. Applicants who are members of another ambulance company or corps, may also apply, so long as that other organizations duties do not include firefighting. The applicant in this case shall not be a member of more than one other type organization. Membership of this variety shall be limited to 10 members in addition to the 40 active members.
Section 4. - Inactive Members
Any member of the organization which is in active or reserve duty in the Armed Forces of the United States and whom is called to duty, shall be moved to Inactive status. They may be automatically reinstated as active members on their return. Inactive members do not count in calculating the forty-person roster. If the reinstatement of an inactive member causes membership to go beyond the forty-person limit, all members shall remain until the membership is returned under the limit by resignation or removal.
Section 5. - Exempt Members
Any active member who shall have served as such for a period of at least five years and shall have become entitled to a certificate as any volunteer firefighter under the provisions contained in the General Municipal Law may, after having been honorable discharged from active service, become and exempt member. Exempt members shall not perform firemanic duty of any character, but may attend and speak at meetings, without the right to vote therein, or to vote for officers. (Note - Members who apply for their exemption certificate but continue as active members are considered active members.)
Section 6. - Honorary Members
Any person may be elected an honorary member but shall have no rights of privileges of any character by reason thereof, except on invitation of the organization, and shall not perform any firemanic duty.
Section 7.
The following firematic positions shall be held by members of the organization at all times to ensure that the organization is properly staffed and commanded in it's times of service: Chief, First Assistant Chief, Second Assistant Chief, Third Assistant Chief, Captain–EMS, Captain–Fire Police and Captain-Safety. The positions of Chief and his assistants shall be elected by the active membership in accordance with the provisions of these by-laws. The chief shall appoint the remainder of these positions, as well as an appropriate number of assistants to these positions to provide for adequate command and control at the scenes of incidents.
ARTICLE III - Attainment of Membership
Section 1.
Proposals for active membership must be in writing on a form approved by the organization, must be signed by the applicant and a fire commissioner, and must be presented at a regular or annual meeting. At the time of the application, a formal background check form must be filled out and submitted with the application, to be forwarded to the Emergency Services Department for clearance. An application fee of one dollar must accompany each application. All such applications shall be referred to a committee of three for investigation which committee shall report at the next regular meeting, unless the time to report shall be extended at such meeting. After the report of the committee has been received a vote shall be taken by paper ballot. An applicant must receive the favorable vote of the majority of the members present and voting in order to attain membership. The secretary shall notify the applicant of the result of the vote. The name of the applicant so elected shall be immediately submitted in writing by the secretary to the Board of Fire Commissioners for approval and upon such approval the applicant will become an active member. The application fee shall be returned if the applicant has not been elected and such applicant may not again apply for membership until at least six months have elapsed since such vote was taken.
Section 2.
Ambulance squad membership shall be attained in the same fashion as active membership. Applicants to the ambulance squad must have attained a level of training of at least New York State Certified First Responder or higher, or be in a training program which will, upon completion, certify them at the required level. At no time shall an application be approved by the membership until said training requirements have been met.
Section 3.
Honorary membership may be conferred at any regular or annual meeting by a majority vote of the members present. There shall be no fee for honorary membership.
Section 4. - Probationary period
A newly elected active member shall serve a probationary period of six months, during which time he shall attend seventy-five percent (75%) of drills, schools of instruction, fires, parades, and meetings unless excused by a chief. At the end of such period his duty shall be reviewed by the Executive Committee and if found satisfactory his probationary period shall end, otherwise, he shall be served notice with charges and have a hearing to determine if he shall be dropped from the roll. The Executive Committee may also choose to extend the members probationary period for a length of time, total time on probation not to exceed twenty-four (24) months. During their probationary period, members shall not be permitted to vote for officers, propose a person for membership, or hold office.
ARTICLE IV - Officers and their selection
Section 1.
The officers of this organization shall consist of a President, Vice-President, Treasurer, Secretary, Chief, First Assistant Chief and Second Assistant Chief and Third Assistant Chief, all of whom shall be chosen form the active membership of the company.
Section 2.
The term of office of each officer shall be one year from the date of the annual meeting, but in the event of failure to fill an office at an annual meeting the officer in office shall hold over until his successor is chosen. A vacancy in any office may be filled by election at any regular meeting for the remainder of the term.
Section 3.
Nominations for office shall be compiled by a committee chosen by the president and presented to the membership for information at the meeting preceding the election. Nominations shall be opened for additions or declinations at the meeting of the election.
Section 4.
All officers shall be elected by paper ballot at the annual meeting by a majority vote of the members thereat, but if, for any reason, an office not be filled at the annual meeting a special election may be held at a regular meeting, or at a special meeting called for that purpose.
Section 5.
The president shall appoint two tellers at the time of each election, which shall receive the ballots, poll the votes and announce the results.
Section 6.
Only members in good standing and not in arrears for dues shall be entitled to vote at an election of officers. Members not entitled to vote shall not be eligible for office.
Section 7. - Requirement for office
In order to be elected to the following offices, a member must meet the following requirements:
1. Chief - Active membership for three (3) years immediately prior to the election. Additionally, he or she will have service at some time for one (1) year as an assistant chief.
2. Assistant Chief - Active membership for three (3) years immediately prior to election.
3. President - Active membership for three (3) years immediately prior to election.
4. Time in military service shall not be considered as active membership service in computing the above service time.
ARTICLE V - Duties of Officers and Special Positions
Section 1. – President
It shall be the duty of the president to preside at all meetings of the organization and the Executive Committee, in accordance with recognized parliamentary procedure; to call special meetings when in his judgment they are necessary or upon the written request of five (5) members; unless otherwise provided, to appoint all committees; to enforce the observance of the constitution and by-laws; to sign all orders with the treasurer regarding all money accounts and banking practices, (with the exception of checking accounts) and to install newly elected officers and members. The president shall not vote on any question other than the election of officers and members, except in case of equal division, when his vote shall decide. The President shall be the coordinator between the Otto Volunteer Fire Company and the Otto Volunteer Fire Company Ladies Auxiliary in all joint activities and fund-raisers.
Section 2. - Vice President
The vice president shall assist the president in the discharge of his duties and in the case of the president's absence or disability, or should the office of president become vacant, shall perform the duties of president. The Vice-President may also serve as chairperson of committees as designated by the President.
Section 3. – Treasurer
It shall be the duty of the treasurer to receive all monies collected by or otherwise due to the organization, giving his receipt for the same; to pay all bills against the organization, upon approval of the membership at regular meetings; to keep a correct account of all receipts and disbursements and submit his accounts to the organization or the executive or auditing committee when called for. He shall deposit all monies in the name of the organization, in a bank or banks designated by the executive committee, deposits to be made within seven days of receipt. The bank accounts shall be established in such manner that withdrawals can only be made on the signature of the treasurer or president. The treasurer shall make a report at each regular meeting, showing all amounts received and expended, and the date, purpose, and payee with regard to each expenditure. He shall also make a report at the annual meeting, covering the entire year. In the event that the treasurer is disabled and unable to fulfill the duties of his office, or the office becomes vacant, the president shall perform the duties until the next regular meeting where a replacement may be elected.
Section 4. – Secretary
It shall be the duty of the secretary to call the roll of active members at every meeting and to record the proceedings of the meeting. He shall also act as secretary to the Executive Committee and shall record the proceedings of said committee. He shall record the proceedings of all organization meetings and maintain the books and file the papers pertaining to his office. He shall notify all newly elected members of their election and furnish them with certificates of membership, a copy of the by laws, and a list of the duties for the committee of the month. He shall require new members to sign for their copy of the by laws. He shall give them written notice of each special meeting and of drills, parades, schools of instruction, and membership on committees. Notices of attendance at special meetings, drills, or schools of instruction shall be given with at least twenty four hours before the same are held. He shall attend to all correspondence. He shall submit a report at the annual meeting regarding membership standing and status, including members who are in arrears in dues or attendance at meetings. He shall perform such other duties that are incidental to his office or as may be imposed on him by the Executive Committee.
Section 5. – Chief
The chief shall have command at all fires, drills, schools of instruction, reviews, parades, and any time the organization is on duty. He shall arrange drills and schools of instruction at such times as he deems the same desirable and shall give notice of such to the secretary, who shall notify the members. He shall see to it that the apparatus and appliances of the organization are in good condition and are ready for service at all times. He shall have the power to suspend any member for refusal to perform duty as ordered, or for incompetence or misconduct, but shall then immediately submit the charges at the next meeting, copy to the member, and a hearing shall be held at the meeting. The Chief shall complete and maintain all required state reportable forms, and ensure they are forwarded to the appropriate agency in a timely manner. The chief shall maintain all records pertaining to members OSHA recognized training, attendance, and medical requirements.
Section 6. - Assistant Chiefs
All assistant chiefs shall assist the chief in the performance of his duties. In the absence of the Chief, the First Assistant Chief shall perform his duties. In the absence of the Chief and the First Assistant Chief, the Second Assistant Chief shall perform his duties. In the absence of the Chief, the First Assistant Chief, and the Second Assistant Chief, the Third Assistant Chief shall act as Chief. It shall be the responsibility of the assistant chiefs under the direction of the chief to inspect and maintain SCBA equipment, inspect and maintain vehicles and their equipment, and assist the fire chief with trainings and work details. They shall also ensure that in the absence of the chief, at any training or work detail, that proper documentation is filled out with training or work details with attendance. The assistants shall also assist the Chief in keeping the fire hall in a maintained and orderly condition. It shall be the discretion of the Chief as to which Assistant would received what duties based on their expertise.