ARTICLE I

The name of this organization shall be the “Utah State Firemen's Association”.

ARTICLE 2

The purpose of this organization shall be to elevate the standard of knowledge in fire prevention, fire education, and fire suppression among the active firefighters of this State, to aid the pensioning and relief of firefighters disabled in the line of duty, to provide for the payment of funeral and monument benefits from funds provided, and to conduct training schools at stated times and places for the purpose of increasing the efficiency of the firefighters and fire departments of the State of Utah.

ARTICLE 3

Section 1. Any person who is eighteen years of age and is enrolled as an active firefighter with a fire department having a charter in the Utah State Firemen's Association, is eligible for membership in the Utah State Firemen's Association and may become a member after payment of an initiation fee and annual dues.

Section 2. Any person who is eighteen years of age and is enrolled as an active firefighter with a fire department not having a charter in the Utah State Firemen's Association, is eligible for membership in the Utah State Firemen's Association by making written application to the Secretary, who shall submit such application to the Board of Directors. Upon receiving a majority vote from the Board of Directors and upon the payment of an initiation fee and the annual dues, the person may become a member.

Section 3. Any person who has been a member of the Utah State Firemen’s Association and is now an inactive firefighter, senior firefighter or retired firefighter, is eligible for continued membership by yearly payment of the annual dues.

Section 4. Any active fire department in the State of Utah may receive a charter in the Utah State Firemen's Association by making written application to the Secretary who shall submit the application to the Board of Directors. The application for charter must contain more than fifty percent of the members of the fire department. A majority vote of the Board of Directors shall constitute approval for the charter.

Section 5. The annual dues of this Association shall be $12 payable by each member of the Association on or before the 30th day of June each year, and shall become delinquent on the first day of July of each year. Failure on the part of any member to pay their dues as above described shall constitute a forfeiture of the membership, and the person must submit a new application and pay the initiation fee of $10 as required in Article 8, Section 1 of this Constitution and By-Laws.

Section 6. Any active firefighter who has maintained membership in a fire department in the State of Utah, and was a member of the Utah State Firemen’s Association, but has allowed the membership in the Association to lapse, and at a later date rejoins the Association, is allowed to pay the missing years annual dues if approved by the Trustees. Submission of a new application and payment of the initiation fee as outlined in Section 5 of this Article is also required.

Section 6. Any member of this Association in good standing for 20 years is eligible to become a Life Member. A life membership may be purchased by a member after 30 years of membership for $150. If a member desiring life membership has more than 20 years but less than 30 years of membership, the member must pay the remaining annual dues to a total of 30 years before purchasing the Life Membership. After completion of the life membership, the member is no longer required to pay annual dues. The life membership fee of $150 is to be deposited in the General Fund.

ARTICLE 4

Section 1. An annual Convention shall be held at a designated location selected at a preceding convention. In the event of the convention's failure to select a designated location, the location shall be selected by the Board of Trustees. The convention shall be held for three days and shall commence on the second Thursday of June.

Section 2. Each department shall be entitled to one delegate for every ten members or majority fraction in good standing in the Association, with the Chief and Assistant Chief as delegates at large. The Chief and Assistant Chief shall not be permitted to be represented at the Convention by proxy.

Section 3. Voting shall be limited to the delegates in attendance at the Convention. The officers of the Association, Past Presidents, Past Trustees, Past Secretaries and Past Treasurers shall each be entitled to one vote. No votes by proxy shall be allowed under any consideration.

Section 4. The word "Past" used in Section 3 above shall mean "An officer who has completed one or more terms of the office to which elected and is retired from that office."

Section 5. Bidding for selection of next Convention City shall be opened on the first day of the Convention.

Section 6. Selection of the next Convention City shall be made on the last day of Convention. The delegates will choose the Convention City two years in advance of the Convention.

ARTICLE 5

Section 1. The elected officers of this Association shall consist of a President, First Vice President, Second Vice President, Secretary, Treasurer, and five members who shall constitute the Trustees. These elected officers shall constitute the Board of Directors for the management of the affairs of the Association.

Section 2. The President, First Vice President, and Second Vice President shall be elected by ballot and shall hold office for a term of one year. Trustees shall be elected by ballot and shall hold office for a term of five years. The Secretary and Treasurer shall be elected by ballot and shall hold office for a term of four years. The election of Secretary and Treasurer shall not occur at the same time and shall be offset from each other by a period of two years.

Section 3. Nomination of officers shall be opened on the first day of the annual Convention and election of officers shall be held on the last day of the annual Convention.

Section 4. All elected officers shall take office at the July meeting of the Board of Directors following the annual Convention and shall subscribe to a sworn oath. The sworn oath shall be administered by any elected officer of this Association and shall be as follows:

                 I, (state your full name) hereby solemnly and sincerely swear or affirm that I will without equivocation or evasion, and to the best of my ability, abide by and live up to the Constitution and By-Laws of this Association; that I will be faithful and honest in the discharge of my duties at all times and do all that lies within my power to strengthen the Utah State Firemen's Association, to all of which I pledge my most sacred honor.

Section 5. Officers of the Association shall serve without compensation; however, they may be reimbursed for expenses incurred in behalf of the Association. The Secretary and Treasurer shall receive compensation as allowed in Article 6 of this Constitution. Reimbursement for expenses occurred shall be established by the Trustees and shall be paid from the General Fund.

Section 6. All Officers upon completing their term in office shall return all Association property, funds, records or other effects to the Secretary before the next Board of Director's meeting in July following the annual Convention. In the event an Officer becomes incapacitated and is unable to complete their term, the Officer or Officer’s family shall return all Association property, funds, records or other effects to the Secretary. If the Association property is not returned to the Board of Directors, by the Officer leaving office or the Officers Family, legal action may be taken by the Association to have the Association property returned. All officers in the Association shall have means and ways available to have a responsible party retrieve all computed records, fund accounts or other storage of Association property.

Section 7. The retiring President, Trustee, Secretary and Treasurer shall each receive a suitable badge properly inscribed as to the office held and be presented to the retiring officer at the Board of Directors meeting in July following the annual Convention.

ARTICLE 6

DUTIES OF THE PRESIDENT

Section 1. It shall be the duty of the President to preside at all general meetings of the Association, enforce the Constitution and watch diligently and vigilantly over the affairs of the Association. The President shall be entitled to cast the deciding vote on all questions other than the election of officers. The President shall call a meeting of the Board of Directors quarterly and these meetings shall be held in the months of January, April, July and October. At least 20 days prior to the date of such quarterly meetings, the President shall have the Secretary notify all present and past officers as to the time, date and location of such meetings. The President shall call special meetings of the Association as required for the good of the Association. Special meetings shall be held within thirty days from the time the President calls the meeting with at least a 10 day notice prior to the special meeting.

Section 2. The President, with the approval of a majority of the Board of Directors, shall appoint a Vice Chair of the "Educational Committee" and other members as are necessary to assist the Chair.

Section 3. The President, with the approval of a majority of the Board of Directors, shall appoint three members to fill the positions of Chaplain, Sergeant-at-Arms, and Historian-Photographer.

Section 4. The President, with the approval of a majority of the Board of Directors, shall appoint members to the "Law and Legislative Committee" to serve for a term of five years. The President, with the approval of a majority of the Board of Directors, shall appoint a Chair of the “Law and Legislative Committee”.

Section 5. The President shall, on the opening of the Convention, appoint a committee of three members of the Association to the "Credentials Committee". The President shall also appoint three members of the Association to the "Resolutions Committee". The President shall appoint any other committees as shall be deemed necessary to carry on the work of the Convention. The President shall have the right to fill any and all vacancies occurring on any of the committees. The President shall have the power to remove any chair or member of any committee upon approval of the majority of the Board of Directors.

Section 6. The President shall, with the approval of a majority of the Board of Directors, appoint a representative to the Fire Service Standards and Training Council for a term of four years.

Section 7. The President shall, with the approval of a majority of the Board of Directors, appoint a representative to the Educational Committee to act as Vice Chair for a term of three years.

Section 8. The President on his retirement from office shall become Convention Chair for the succeeding Convention.

DUTIES OF FIRST VICE PRESIDENT

Section 1. It shall be the duty of the First Vice President to perform the duties of the President in the absence of that officer. If a vacancy shall occur in the office of the President, by reason of death, resignation or otherwise, the First Vice President shall become President of the Association and shall continue as such until a successor has been chosen by the Association.

Section 2. The First Vice President shall serve as Chair of the Benefits Committee.

DUTIES OF SECOND VICE PRESIDENT

Section 1. It shall be the duty of the Second Vice President to perform the duties of the President in the manner above provided in the event of the absence of the President and the First Vice President. In the event of the First Vice President succeeding the President in the manner stated above, then the Second Vice President shall become the First Vice President.

Section 2. The Second Vice President shall serve as Chair of the Membership Committee.

Section 3. The Second Vice President shall serve as Chair of the Educational Committee.

DUTIES OF SECRETARY

Section 1 . It shall be the duty of the Secretary to keep a complete and accurate record of all the proceedings of the Association, to receive and answer all communications pertaining to the Association, to collect all annual dues, to render on the first of each month an account to the Treasurer of all monies received, and paying to the Treasurer the amount received during the month. The Treasurer shall render a receipt for all moneys turned over to the Secretary.

Section 2. The Secretary shall have the custody of the cooperate seal of the Association. The Secretary shall have a surety bond of $10,000 to be taken with a reliable surety company approved by the Trustees, and the premium shall be paid by the Association from the General Fund.

Section 3. The Secretary shall be compensated the sum of $2,400 annually. A payment shall be made quarterly to the Secretary in $600 payments.

Section 4. The Secretary shall select, subject to the approval of the Board, an Assistant Secretary to serve and assist the Secretary.

Section 5. The Secretary shall on retirement from office, turn over to the successor all books, monies, accounts, and other property belonging to the Association.

DUTIES OF TREASURER

Section 1. It is the duty of the Treasurer to receive all monies, investments or gifts payable or belonging to the Association and to deposit the monies, investments or gifts with such banks or trust companies as may be designated by the Trustees, to the credit of the Utah State Firemen's Association. The Treasurer shall cause the cashier or treasurer of such bank or trust company to provide duplicate forms of all deposit slips, one to be retained by the Treasurer and one to be forwarded to the Secretary of the Association.

Section 2. The Treasurer shall enter regularly in the books of the Association, to be kept for that purpose, full and accurate accounts of all monies received and paid on accounts of the Association.

Section 3. The Treasurer shall at all reasonable times exhibit the books and accounts to the trustees and shall issue receipts for all money received and shall pay all bills authorized by the Board of Directors.

Section 4. The Treasurer shall make and present to each quarterly meeting and the Annual Convention, a full and detailed report of all monies received and from whom received, and all monies disbursed and to whom disbursed.

Section 5. The Treasurer shall, upon entering his duties as Treasurer, give to the Association a bond in the sum of $50,000 from a reliable Surety Company to be designated by the Trustees, and the premium on the bond to be paid by the Association from the General Fund.

Section 6. The Treasurer shall not serve more than a maximum of two four year terms and on Retirement from office turn over to the successor all books, monies, accounts, and other property belonging to the Association.

Section 7. The Treasurer shall be compensated the sum of $1,200 annually. A payment shall be made quarterly to the Treasurer in $300 payments.

Section 8. The Treasurer shall select, subject to the approval of the Board, an Assistant Treasurer to serve and assist the Treasurer.

DUTIES OF TRUSTEES

Section 1. It shall be the duties of the Trustees to assist the President in the discharge of the President’s duties, to examine and report to the Association on all reports of the officers to report amendments to the Constitution and By-Laws for the welfare of the Association.

Section 2. The Trustees shall have power to hear and determine complaints and charges against officers and members of the Association on the grounds of criminal conduct, irregularities, moral misconduct or conduct that has affected the reputation of the Association, and shall have power to suspend or revoke the membership of the affected member. The Trustees shall have power to suspend or revoke any fire department charter for conduct by that fire department that is in conflict with the Mission Statement or Article 2 of this Constitution and By-Laws.

Section 3. Any decision made by the Trustees in Section 2 of this Article shall be granted an appeal of the decision to an Appeals Committee. The Appeals Committee shall be made up of the President, First Vice President, Second Vice President, and Treasurer. The appeal must be made within 30 days after receiving the decision of the Trustees. The appeal must be made in writing and be served either personally or by certified mail to the Secretary of the Association. It shall be the duty of the Appeals Committee to hear the appeal at their next regular meeting, and a majority vote of the Appeals Committee shall be final.

Section 4. The Trustees shall constitute an Auditing Committee, and it shall be their duty to make or have made every three months an audit of the Association's books and to report such audits at the Board of Directors meetings and the annual Convention. The Trustees is authorized and empowered to require a special audit at the end of the Treasurer’s tenure, and any other time deemed necessary by concern of the Trustees. The Trustees are authorized and empowered to employ a competent auditor or Certified Public Accountant to make such special audit and to order the cost be paid from the General Fund.

Section 5. The Trustees shall be the custodians of the property belonging to the Association and shall see that it is kept in first class condition.

Section 6. The Trustees, in concert with the Treasurer, may invest any part of the funds of the Association that shall be deemed advisable and determined by the Board of Directors. The investments shall be made in the interest and name of the Utah State Firemen's Association and in no case shall the funds of this Association be invested in any enterprise in which any of the Board of Directors or Association members is associated in any official capacity.

DUTIES OF SERGEANT-AT-ARMS

It shall be the duty of the Sergeant-at-arms to attend all Convention meetings and to preserve therein decorum and order, to attend upon the presiding officer at all such meetings and act as the intermediary with the delegates assembled. The Sergeant-at-Arms shall be empowered to compel attendance of all delegates and call to their assistance such help as may be necessary to the proper discharge of their duties.

DUTIES OF COMMITTEES

It shall be the duty of the various committees, except as provided in the Constitution, to attend to all matters submitted to them by the Association, subject to the approval of the Convention assembled.

DUTIES OF MEMBERS

It shall be the duty of members to support the Association and its Constitution and By-Laws. It shall be the duty of members in good standing to maintain the payment of their dues to the Association. It shall be the duty of members to be free of criminal conduct, irregularities, moral misconduct, to conduct oneself in a manner that does not bring harm to the Association, financial disadvantage to the Association or affect the reputation of the Association. No member can be elected or appointed to an office that has not been a member in good standing for a period of three consecutive years.

ARTICLE 7

RESIGNATIONS AND VACANCIES

Section 1. An officer or member may resign at any time by notifying the President of the Association in writing. The resignation shall be effective when received by the President unless it specifies a specific date in the resignation letter.

Section 2. Any officer or member failing to comply with any provisions of this Constitution may be removed by the Trustees as stated in Article 6 of the Constitution and By-Laws.

Section 3. The Board of Directors shall have the power to fill vacancies in office which may occur between Conventions, and for which provision have not been made elsewhere in this Constitution and By-Laws. Such appointees shall serve for the reminder of the unexpired term.

ARTICLE 8

REVENUES AND DISBURSEMENTS

Section 1. The revenue of this Association shall be derived from the payment of an initiation fee of $10 and an annual dues of $12 and from such assessments as may be levied from time to time by order of the Board of Trustees or by the delegates in Annual Convention assembled, and from such other money as may come to the Association through the medium of gifts, bequests or otherwise.

Section 2. 75% of the Annual Dues shall be set aside as the General Fund and shall be used exclusively for the payment of the general expenses of the Association. All money derived from the initiation fee shall also be placed in the General Fund. The remainder of the money collected as annual dues, together with all monies derived from Benefit Fund investments, shall be placed in a separate fund known as the "Benefit Fund". 50% of all other revenue accumulating to the Association shall also be placed in the Benefit Fund. Money or property specifically directed by a donor shall be placed in the Benefit Fund. The Benefit Fund shall be used exclusively for the payment of funeral, grave marker, or service award benefits to the designated member or beneficiary.

Section 3. From the General Fund, the sum of fifty cents shall be set aside from each annual dues paid, and shall be designated as a "Convention Fund". The Convention Fund shall be paid to the Fire Department of the City where the annual Convention is held, and shall be used exclusively toward paying Convention expenses.

Section 4. A maximum of three dollars per member from the General Fund may be used to sponsor and promote various worthwhile causes which will enhance the image of the Utah State Firemen's Association.

Section 5. Upon the death of any member in good standing in the Association, the amount of $450 may be appropriated from the Association's Benefit Fund to be used to help defray the burial expenses of the deceased member. Any duly qualified person, representing the department to which the deceased was attached, or the beneficiary or beneficiaries of the deceased shall forward to the Secretary of the Association a properly certified copy of the death certificate and shall make request upon the Association for payment to the beneficiary or beneficiaries of the deceased, of the funeral benefits. The Chief or Assistant Chief may be instructed by the Secretary to secure from the beneficiary or beneficiaries of the deceased a properly signed receipt for the above benefit.

Section 6. If the beneficiary does not appear with due proof of death within 30 days after death of the insured, the Association in lieu of payment to the beneficiary, may pay the death benefit to any person appearing to the Association to be equitably entitled to such payment, or to the Mortuary taking care of the burial.

Section 7. Upon the death of any member in good standing in the Association the amount of $100 may be appropriated from the Association Benefit Fund to be used exclusively for the payment of placing the official Utah State Firemen's Association Emblem on the grave marker of the deceased member. In the event it is unlawful to place the emblem on the grave marker or there is no grave, a Fire Service Plaque in memory of the deceased shall be given to the beneficiary upon written request.

Section 8. The cost of service awards, as described in Article 9 of this Constitution, shall be appropriated from the Benefit Fund.

Section 9. Should there not be sufficient funds in the "Benefit Fund" with which to pay the benefits as described above, the Trustees shall have the right to levy a pro-rata assessment on all the members sufficient to pay the benefits accruing and provided for by this constitution.

Section 10. The President, upon the approval of a majority vote of the Board of Directors, may authorize the incurring of obligations on behalf of the Association or the appropriation of money to carry on the work of the association or any of its committees.

Section 11. The Trustees have reviewed and voted to accept an agency, to supply supplemental accident and health insurance for the members of the Association and their spouses in the State of Utah. The accident and health insurance would not constitute a raise in dues, but would be paid by each member and spouse to their respective fire department or designee in each fire department. The purchase of the insurance is optional but, is encouraged by the association and its officers. The Accident and Health Insurance is only offered to members of the association in good standing.

ARTICLE 9

Section 1. Any person who is a member of this Association in good standing, and having been such for Ten consecutive years, is eligible and entitled to a Ten-Year Service Certificate.

Section 2. Any person who is a member of this Association in good standing, and having been such for Twenty consecutive years, is eligible and entitled to a Twenty-Year Medal and a Twenty-Year Service Certificate.

Section 3. Any person who is a member of this Association in good standing, and having been such for Thirty consecutive years, is eligible and entitled to a Thirty-Year Medal and a Thirty-Year Service Certificate.

Section 4. Any person who is a member of this Association in good standing, and having been such for Forty consecutive years, is eligible and entitled to a Forty-Year Medal and a Forty-Year Service Certificate.

Section 5. Any person who is a member of this Association in good standing, and having been for Fifty consecutive years, is eligible and entitled to a Fifty-Year Medal and a Fifty-Year Service Certificate.

Section 6. Any person who is a member of this Association in good standing, and having been for Sixty consecutive years, is eligible and entitled to a Sixty Year Certificate and a Sixty Year Medal or appropriate gift of equal value.

Section 7. Any person who has been a member of this Association and has become eligible and entitled to an award as outlined in Sections 2, 3, 4, 5 and 6, and has passed away prior to receiving such award, the Certificate and an Appropriate Plaque shall be given to the member’s family.

Section 8. Any person who by word or action has assisted, defended, or been of service to this Association is eligible to receive an Honorary Membership with accompanying Certificate by the following procedure: The Sponsor and/or sponsors of a candidate for an Honorary Membership Certificate must submit a letter to the President not later than April 1st, stating the reason and qualifications for requesting a Certificate. The President shall present the information to the Board of Directors at the April Board of Directors Meeting. Upon a Majority vote of the Board, the candidate's name will be presented by the President to the delegates at the following Convention on the afternoon of the first day, and the candidate will receive an Honorary Membership Certificate upon a majority vote of the delegates in Convention assembled. The Honorary Membership does not entitle the honorary member to any of the Monetary Benefits or to hold elective office or voting privileges of the Utah State Firemen's Association.

Section 9. Directors of Public Safety, City Officials responsible for Fire Departments, members of organizations interested in the protection of life and property from fire, and members of recognized fire prevention organizations are eligible for Associate Membership. An Associate Membership Certificate is obtained in the same manner as an Honorary Membership except that a personal written request is received in lieu of a sponsor, and that the membership is discontinued upon completion of their term in office, upon leaving the organization, or upon being transferred out of state. Associate Members shall be entitled to participate fully in the affairs of the Association, with the exception of receiving any monetary benefits or holding elective office or voting privileges of the Utah State Firemen's Association. The Annual dues for an Associate Member shall be twice the amount of the Annual Dues and shall be added to the General Fund.

Section 10. Service Certificates, Honorary Membership Certificates, and Associate Membership Certificates shall be signed by the President and Secretary and be presented at an Annual Convention.

ARTICLE 10

This Association shall have a corporate seal, which shall be in the custody of the Secretary. It shall be circular in form and shall have inscribed near the outer edge thereof the name of the Association.

ARTICLE 11

The Program Committee of the Association where the Convection is to be held, shall meet with the Board of Directors at the regular January and April Quarterly Meetings, for the purpose of presenting an outline of the convention program and the adoption by the Board of Directors of a program for the next Annual Convention.

ARTICLE 12

Section 1. This Constitution and By-Laws may be amended by a two-thirds vote of all regular delegates present at an Annual Convention. Before any proposed amendments shall be adopted, it shall be mailed, forwarded, or presented to the President in writing and signed by the sponsor and/or sponsors, at any time during the year. The President upon receipt of any proposed amendment shall present said amendment to the Trustees at the next quarterly Board of Directors Meeting. The Trustees shall consider the proposed amendment and at the next annual Convention report their findings to the assembled delegates on the morning of the first day. Voting on the adoption or rejection of the proposed amendment shall be conducted on the morning of the third day of the annual convention.

Section 2. It will be the responsibility of the sponsor and/or sponsors of a proposed amendment to distribute the information to the membership of the Utah State Firemen's Association, if they desire the information of a proposed amendment to be studied and discussed by the membership of the Utah State Firemen's Association.

Section 3. A proposed amendment to the Constitution and By-Laws that is deemed by the Board of Directors as having critical importance to the continued existence or success of the Association, shall be read by the President to the delegates assembled on the morning of the first day of the annual Convention. The proposed amendment shall be given to the Trustees for there consideration and their decision shall be reported to the delegates assembled on the morning of the second day. Voting on the proposed amendment shall be completed on the morning of the third day. A two-thirds majority vote by the delegates assembled shall be required for approval.

ARTICLE 13

CHAPTER 1

CHAPTER 2

RULES OF ORDER

Section 1. Robert's Rules of Order shall govern the proceedings of the Board of Directors meetings and the annual Convention.

Section 2. The President shall appoint a qualified parliamentarian at the April meeting, to assist the President on the "Rules of Order" during the Convention sessions. If one is not available for this period, then a qualified member of the Board or past officer may be named.

NOTE

The right is reserved by the Trustees to change the order of business in which their judgement seems proper at any time previous to the issuing of the official program.

Constitution and By-Laws revised on _______________, 2006.

Attested by:

      David L. Howell, Secretary
      Utah State Firemen’s Association
      Cedar City, Utah

UTAH STATE FIREMEN'S ASSOCIATION

Year Joined