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4.4. SR 12-07-2015
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4.4. SR 12-07-2015
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BYLAWS Elk River Fire Department Relief Association <br />from membership by the Board, and shall forfeit all further rights to benefits from the Association. <br />1.6 Leave of Absence. <br />1.6.1* Any member who is granted a leave of absence by the Elk River Fire Department shall during such <br />leave not be entitled to receive any benefit whatever. If, after expiration of such leave, the member again <br />becomes active in the Elk River Fire Department, the member will automatically be reinstated. <br />1.6.2 Leave of absence time is not considered active service time and shall be taken into account by the Chief <br />in the annual certification to the Board of Trustees. <br />1.7* Military Leave. Any member who enlists or is drafted to enter the Armed Services of the United <br />States of America shall retain all rights and benefits in the Association during the time of active military service. <br />1.7.1 Subject to restrictions stated in Minn. Stat. §424A.021, a volunteer firefighter who is absent from <br />firefighting service due to service in the uniformed services, as defrled in United States Code, title 38, section <br />4303(13), may obtain service credit not to exceed five years, unless a longer period is required under United <br />States Code, title 38, section 4312. <br />(1) To be eligible for service credit under this section, the volunteer firefighter must return to firefighting <br />service with coverage by the Association upon discharge from service in the uniformed service within the <br />time frame required in United States Code, title 38, section 4312(e). <br />(2) Service credit is not authorized if the firefighter separates from uniformed service with a dishonorable or <br />bad conduct discharge or under other than honorable conditions. <br />(3) Service credit is not authorized if the firefighter fails to provide notice to the fire department that the <br />individual is leaving to provide service in the uniformed service, unless it is not feasible to provide that <br />notice due to the emergency nature of the situation. <br />1.8 Termination of membership. Cause for termination shall include, but not be limited to, resignation or <br />discharge from the Elk River Fire Department, failure to account for money belonging to the Association, feigning <br />illness or injury. Terminated or expelled members cease accruing benefits as of the date of termination. <br />1.8.1 Active or suspended members may be terminated from the Association for cause by a two-thirds (2/3) <br />vote of all the members present at a regular or special board meeting provided a quorum is present. Notice of the <br />meeting and a written statement of the particular charges shall be given to the member at least 15 days, excluding <br />the date of the meeting, in advance of the meeting. The member shall be given an opportunity to be heard at the <br />meeting. <br />ARTICLE II <br />BOARD OF TRUSTEES <br />2.1 Board Composition. The Board of Trustees as specified under Minn. Stat. §424A.04, shall be composed <br />of the following nine (9) persons: a President, a Vice President, a Secretary, a Treasurer, and two (2) general <br />Trustees, each of whom shall be elected for a three-year term as specified in this Article, or until their successor has <br />been elected and qualified, at the annual meeting of the Association from its members, and the statutory members: the <br />Chief of the Elk River Fire Department, and one elected municipal official and one elected or appointed municipal <br />official who are designated annually as municipal representatives by the City Council of the City of Elk River. <br />2.2 Terms of Office. The terms of office of the general Trustees and the officers shall be grouped as <br />follows: (President and Trustee), (Vice President and Treasurer), (Secretary and Trustee). The terms shall be <br />arranged so that one group shall be elected at each annual meeting. <br />2.2.1 Vacancy. If a vacancy, other than a vacancy caused by removal for cause of an officer or trustee, <br />occurs during the term of office of any officer or elected trustee, the remaining members of the Board of Trustees <br />shall elect a member of the Association to serve for the unexpired term of the vacated position. <br />2.3* Removal. An elected trustee or officer may be removed for cause. Cause for removal shall include, but <br />shall not be limited to, the breach of the duties as set forth in Articles II and III of these Bylaws. One or more of the <br />Trustees or officers may be removed at a meeting of the membership which has been called for that purpose by two- <br />thirds (2/3) vote of those present and voting at such meeting, provided a quorum is present. Notice of the meeting and <br />a written statement of the particular charges shall be given to each board member and shall include the purpose of the <br />meeting. The general trustee or officer shall be furnished with a statement of the particular charges at least fifteen <br />(15) days, excluding the date of the meeting, in advance of the meeting. At the meeting, the general trustee or officer <br />shall be given an opportunity to be fully heard as to each charge. If a general trustee or officer is removed, a <br />* Refer to Policies of the Board Page 2 <br />
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