(Insert Name) FIRE BRIGADE BRIGADE RULES - UFBA · CHIEF FIRE OFFICER’S APPOINTMENT ... training and research in the activities of the fire brigade. 1.1.5 To promote the safety

(Insert Name)

FIRE BRIGADE

BRIGADE RULES

September 2011

CONTENTS

Page Background .................................................................................................................................. 4

DEFINITIONS ............................................................................................................................. 5

1. OBJECTS AND INTRODUCTION .................................................................................... 7

2. MEMBER COMMITMENTS ............................................................................................. 9

3. MEMBERSHIP .................................................................................................................. 9

4. RECRUITMENT OF MEMBERS .................................................................................... 10

5. ELECTION OF MEMBERS ............................................................................................. 10

6. PROBATIONARY MEMBERS ......................................................................................... 11

7. FULL MEMBERSHIP ....................................................................................................... 11

8. BRIGADE HONORARY MEMBERSHIP ......................................................................... 12

9. BRIGADE LIFE MEMBERSHIP ...................................................................................... 12

10. EMPLOYER RECOGNITION ........................................................................................... 13

11. DEATH OF MEMBERS .................................................................................................... 13

12. RESIGNATION OF MEMBERS ....................................................................................... 13

13. MANAGEMENT COMMITTEE ....................................................................................... 14

14. MEETINGS OF THE MANAGEMENT COMMITTEE .................................................... 16

15. CHIEF FIRE OFFICER’S APPOINTMENT ..................................................................... 16

16. DISCIPLINE ..................................................................................................................... 17

17. DISSATISFACTION WITH THE PERFORMANCE OF THE CHIEF FIRE OFFICER OR DEPUTY CHIEF FIRE OFFICER .............................................................................. 19

18. DISSATISFACTION WITH OTHER MEMBER OF THE BRIGADE ............................ 20

19. LEAVE ............................................................................................................................... 21

20. MEETING PROCEDURE ................................................................................................ 22

21. CONFIDENTIAL INFORMATION ................................................................................. 23

22. UNIFORMS AND PROTECTIVE CLOTHING ............................................................... 23

23. PAYMENTS TO MEMBERS FROM BRIGADE FUNDS ................................................ 24

24. DONATIONS IN RECOGNITION OF BRIGADE SERVICES ........................................ 24

25. WINDING UP OF BRIGADE .......................................................................................... 24

26. ALTERATION AND ADDITIONS TO RULES ............................................................... 24

APPENDIX 1 – Rights of Members ........................................................................................... 25

APPENDIX 2 – Standards ......................................................................................................... 26

APPENDIX 3 – Step-by-Step Process for Disciplinary Proceedings ....................................... 28

APPENDIX 4 – Guide for Chief Fire Officers when dealing with Disciplinary Matters ......... 29

APPENDIX 5 – Brigade Meeting Agenda .................................................................................. 31

APPENDIX 6 – Brigade Annual General Meeting Agenda ..................................................... 32

Our Brigade Rules – September 2011 2

APPENDIX 7 – Notice for Annual General Meeting and Special General Meeting ................ 35

APPENDIX 8 – Secretary’s Duties ............................................................................................ 36

APPENDIX 9 – Treasurer’s Duties ........................................................................................... 37

APPENDIX 10 – Extract from Model Agreement of Service ................................................... 38

APPENDIX 11 – Suggestions Brigades might consider upon the death of a Member ............ 39


Background

This document updates the rules administering Fire Brigades,

replacing Model Rules of Association, first issued in 1977.

These Rules are designed to be easily understood, providing a modern frame-work incorporating contemporary expectations

of democracy and transparency in all the Brigade’s administrative activities.

Operational matters are left out - these are the responsibility of the Chief Fire Officer.

The revised Rules are intended to sustain volunteerism in Fire Brigades, protecting the interests of members as they share enjoyment and fulfilment in fellowship

while providing an essential community service.

The Fire Service Act says the Fire Service Commission must be satisfied that volunteer fire brigades are

“... reasonably efficient as to organisation, staffing, equipment, discipline, and training...”

The adoption and implementation of these Rules enables the Commission to have confidence that brigades are

well managed, properly organised and operationally ready.


DEFINITIONS In these Rules, unless the context otherwise requires: “Act” means the Fire Service Act 1975 “Agreement of Service” means the Agreement entered into between the Brigade and the NZFS pursuant to Section 34(1)(a) of the Act “Brigade” means the Volunteer Fire Brigade (or Volunteer Unit of a Composite Fire Brigade or Fire Brigade Auxiliary Unit) established under these Rules and registered under Section 34 of the Act “Brigade Life Member” means a member elected as a Brigade Life Member of the Brigade under Rule 9.1 “Chief Fire Officer” means the person appointed under section 27 of the Act for the District “Commission” means the New Zealand Fire Service Commission “Composite Fire Brigade” means a Fire Brigade comprised of both paid members of the New Zealand Fire Service and volunteer members enrolled under these Rules “District” means the Fire District, established under Section 26 of the Act, in which the Brigade is situated “Fire Safety” includes the prevention of fire and measures to reduce the consequences of fire to the community and risks to life and property caused by fire “Honorary Member” means a person elected an Honorary Member of the Brigade under Rule 8.1 “Independent Person” means an individual disinterested in the matters being decided and who has appropriate knowledge of, and experience in, judicial proceedings and/or formal mediation procedures and is a member of a panel of Independent Persons approved by NZFS and UFBA “Management Committee” means the Committee comprising members either appointed or elected under Rule 13.1 “Member” means a member enrolled in or elected by the Brigade under Rule 3.1 “Non-Operational Member” means a member of the Brigade whose duties comprise non-operational brigade support activities, i.e. neither operational firefighting nor operational support tasks NZFS means the New Zealand Fire Service “Officer in Charge” means the Chief Fire Officer or the person appointed by the Chief Fire Officer under Rule 13.4 as Officer in Charge of the Brigade “Operational Member” means a member of a Brigade whose primary duties involve operational firefighting, but who may also have non-operational duties


“Operational Support Member” means a Member of a Brigade whose duties include supporting operational firefighters and other emergency service workers, but not operational firefighting “Probationary Member” means a Member elected to membership under Rule 5.4 who has not yet satisfied the requirements of Rule 6 “Regional Manager” means the person appointed under Section 24A(1) of the Act in charge of the Fire Region in which the Brigade is located “Rules” means these Brigade Rules adopted by the Brigade to govern the conduct of the Brigade’s affairs and are consistent with those agreed jointly between the New Zealand Fire Service Commission and the United Fire Brigades’ Association of New Zealand Incorporated and with the Agreement of Service “UFBA” means the United Fire Brigades’ Association of New Zealand Incorporated


1. OBJECTS AND INTRODUCTION 1.1 OBJECTS

To advance volunteer fire brigades within New Zealand in the following ways:

1.1.1 To carry out the functions of a fire brigade and to achieve efficiency in organisation, staffing, equipment, discipline and training to meet the requirements and expectations of the Community for protection from fire and disaster relief and to be able to apply those skills and resources to assist at other types of emergency.

1.1.2 To become registered with the Commission as a volunteer fire brigade or fire

brigade auxiliary unit.

1.1.3 To undertake fire safety activities, the prevention, suppression and extinction of fire, the protection of life and property, rescue and attendance at emergencies and other events to render humanitarian assistance in accordance with the requirements of the Agreement of Service.

1.1.4 To provide education, training and research in the activities of the fire

brigade.

1.1.5 To promote the safety and welfare of its Members in the course of their duties within the Brigade.

1.2 INTRODUCTION

1.2.1 The Brigade Rules provide governance for “a group of persons organised and trained for the prevention, suppression, and extinction of fires,” as defined by the Act: people who have chosen to join a volunteer fire brigade, some of which are the oldest and most respected organisations in New Zealand. These brigades have given their community an essential service for more than 150 years, at the same time providing their members with unique opportunities for fellowship, camaraderie and social activities.

1.2.2 From earliest days, Brigades have had their own Rules to regulate their

activities and membership. For decades Volunteer Fire Brigades in New Zealand have had a collective Model Rules of Association. These have now been reviewed and replaced by these Brigade Rules which:

a) administer the Fire Brigade; b) manage its affairs properly, democratically and with transparency; c) provide for the welfare of all members; d) ensure the brigade is properly organised, disciplined and operationally

ready; e) prepare the Brigade to meet community expectations in times of any

emergency; f) help sustain membership to retain strength in numbers, skills and

experience; g) maintain social activities; h) recognise Brigade achievements; and i) celebrate individuals’ volunteer service.


1.2.3 Brigade Rules do not manage the Brigade’s operational matters: these are provided for in:

a) the Fire Service Act 1975; b) operational instructions issued pursuant to the Act by the National

Commander, in particular those functions, duties, powers and responsibilities of Chief Fire Officers included in sections 28 and 28A of the Act;

c) the Brigade’s Agreement for Service entered into under Section 34 (a) of the Act; and

d) any standing orders applying specifically to this Brigade.

1.2.4 Brigade Rules are subject to and do not supersede, negate or take precedence over statutory enactments such as: Human Rights Act 1993; Harassment Act 1997; Privacy Act 1993; or Charities Act 2005;

1.2.5 In the case of Composite Fire Brigades, these Rules apply only to those

Members comprising the volunteer component of the Brigade.

1.2.6 These Rules are intended through fair and transparent management to provide effective support for the Chief Fire Officer in the execution of his duties.

1.2.7 In summary, these Rules aim to make the Brigade the best “club” in town,

with a progressive outlook reflecting present-day volunteerism in New Zealand which Generation X and Y find just as attractive as other age-groups, sharing enjoyment, activities and fulfilment in fellowship and community service.


2. MEMBER COMMITMENTS

2.1 Membership of the Brigade means committing:

2.1.1 To observe these Rules so that the Brigade is well managed and properly administered, enabling members to better reach best practice in operational efficiency, staffing, equipment, discipline and training to meet the requirements of the Chief Fire Officer and community at fires and other types of emergencies.

2.1.2 To comply with the Agreement of Service with the Commission and at all times abide by the ideals and ethical standards established by the Commission to protect the value and standing of the Fire Service.

2.1.3 To an understanding that the Commission will recognise the volunteer nature

of the Brigade and avoid, wherever possible, prolonged operations without relief and/or replacement, except in extraordinary circumstances.

2.1.4 To promote the safety and wellbeing of Members while they are taking part in

all Brigade-related activities.

2.2 If the Brigade is Incorporated, it may undertake any activity which a body corporate may lawfully carry out in achieving the objects of the UFBA, consistent with the Agreement of Service.

3. MEMBERSHIP

3.1 The Brigade comprises Members who undertake: a) Operational Duties; b) Operational Support Duties; or c) Non-operational Brigade Support Duties and who, in accordance with these Rules, proceed through: a) recruitment (section 4); b) election (section 5); c) enrolment (section 6); d) probation (section 7); and e) confirmation as full members (section 8).

3.2 The Brigade may also elect: a) Brigade Honorary Members; (section 9), and b) Brigade Life Members (section 10).


4. RECRUITMENT OF MEMBERS

4.1 New Members for the Brigade may only be considered:

a) to fill a vacancy determined by the Chief Fire Officer; or b) to fill a new position as determined by the Chief Fire Officer and agreed by

the Area Manager. 4.2 New Members may only be considered following an explanation to them by an officer

of the Brigade of:

a) the requirements of the Chief Fire Officer; b) the requirements of the NZFS; and c) the process towards confirmed Membership, including recruitment, election,

enrolment, and, particularly, the conditions of probation.

4.3 New members who have recent experience as a member in another Fire Brigade, may, with the agreement of the Chief Fire Officer and the Area Manager, be considered for recruitment as supernumeraries over and above the Brigade’s membership establishment, thereby protecting their continuity of service and eligibility for service honours. These new members will have the status of probationary members, subject to these Rules, and will in time fill positions left vacant after resignations or retirements from the Brigade.

5. ELECTION OF MEMBERS

5.1 Every application for membership of the Brigade including application from former

members of other Brigades will be considered at a meeting of the Brigade.

5.2 The Chief Fire Officer will confirm to the meeting that the applicant meets all requirements of membership, subject to security and medical checks.

5.3 Acceptance of the application will be by secret ballot at which the Members present

and eligible to vote may participate. Such a ballot will be held after the applicant has been given an opportunity to address the meeting. Two scrutineers will be appointed prior to the ballot.

5.4 If a majority of the votes cast are in favour of accepting the application, the applicant

will be declared elected as a Probationary Member, who may be enrolled subject to section 5.5 below.

5.5 Every Member elected under Rule 5.3 will be enrolled in the Brigade as a

Probationary Member only after:

(a) any medical, security and other clearances or conditions required by the NZFS are met;

(b) the member’s name is entered in the Brigade Roll, the date of joining to be the date of advice from NZFS advising that all conditions have been met; and

(c) the member has signed an acknowledgment that the Rules, (including any relevant local rules applying specifically to this Brigade) and the Brigade’s Agreement of Service have been read and understood.


6. PROBATIONARY MEMBERS

a) Each newly elected Probationary Member shall be on probation for 6 months. b) Probationary members must regularly attend all Brigade musters, meet NZFS

requirements and comply with these Rules. c) Probationary Members, whether operational or support personnel, may only

undertake such duties as are directed by the Chief Fire Officer, and for which training has been given and appropriate Personal Protective Equipment issued.

d) Probationary Members must undertake training under the NZFS’s Training and Progression System (TAPS) and/or as arranged and directed by the Chief Fire Officer to meet standards of competency and attributes (including education, training and experience) required to carry out the duties of the position the Member was enrolled to undertake. In assessing a Probationary Member’s competency and attributes, the Chief Fire Officer may take into account demonstrable prior experience with another fire brigade (including any relevant training undertaken) and any certificate of service issued by the United Fire Brigades’ Association.

e) Probationary members must demonstrate progress in training to the satisfaction of the Chief Fire Officer.

f) Probationary members who fail to meet the standards required by the Chief Fire Officer or the requirements of section 6b) and 6(e) will be advised in writing by the CFO that their membership has been revoked and from the date of that notice they will cease to be members of the Brigade.

7. FULL MEMBERSHIP

Following election, enrolment and compliance with Rule 6 the Chief Fire Officer or Officer in Charge of the Brigade will:

a) notify the Member in writing that he or she is confirmed as a full Member of the Brigade and has the full rights of membership set out in Appendix 1 to these Rules;

b) immediately advise Members of the Management Committee of such confirmation; c) advise Brigade Members forthwith by notice on the Brigade Noticeboard; d) advise Brigade Members at the next regular meeting of the Brigade; and e) ensure that the Brigade’s roll records such confirmation.


8. BRIGADE HONORARY MEMBERSHIP

NB: Honorary Members of Fire Brigades under this section are different to, and not subject to the same conditions as, Brigade Life Members. See Brigade Life Membership, section 9 below. 8.1 Members of the Brigade may elect Honorary Members to the Brigade as follows:

a) Any person who has given outstanding service, or special services, to the Brigade

may be elected an Honorary Member of the Brigade, recognising the contribution made.

b) Any person who is a member of an emergency service provider located in the area served by the Brigade may, on the request of that emergency service provider, be elected an Honorary Member of the Brigade. That person will continue to be an Honorary Member of the Brigade for so long as he or she remains a member of such other emergency service provider.

c) Each nominee for Honorary Membership under paragraphs (a) and (b) of this Rule must be proposed and seconded by Members at a regular meeting or the Annual General Meeting of the Brigade and must receive an affirmative vote of a majority of Members present at the meeting and eligible to vote.

8.2 The Brigade may take the opportunity from time to time (such as prior to an Annual

General Meeting) to review the list of Honorary Members and resolve to either reaffirm, or cancel, Honorary Memberships.

8.3 These Rules will apply, with the necessary modifications, to Honorary Members as if

they are members of the Brigade and they will be encouraged them to attend the Annual General Meetings and the Honours Nights and to participate in the social and other activities, as appropriate.

8.4 The Brigade may purchase an Honorary Member’s lapel badge to be presented on

election of an Honorary Member.

9. BRIGADE LIFE MEMBERSHIP

9.1 Brigade Life Members may be elected to the Brigade as follows:

a) Any person who has given outstanding service, or special services, to the Brigade may be nominated a Brigade Life Member to recognise such contribution.

b) Each nominee for Brigade Life Membership must be proposed and seconded by Members at a regular meeting or the Annual General Meeting of the Brigade and must receive an affirmative vote of a majority of Members present at the meeting and eligible to vote.

c) Where the person is eligible for the UFBA’s Brigade Life Member’s medal, application will be made by the Brigade to the UFBA for its issue.

9.2 These Rules will apply, with the necessary modifications, to the Brigade Life Members

as if they are members of the Brigade and they will be encouraged them to attend the Annual General Meetings and the Honours Nights and to participate in social and other activities, as appropriate. Brigade Life Members shall be entitled to attend and speak but not vote at Brigade general meetings and may hold any office for which they are otherwise eligible or qualified.


10. EMPLOYER RECOGNITION

10.1 The Brigade recognises the support received from the members’ employers and those of the members who are self-employed, and such support will be acknowledged by participating in the New Zealand Fire Service’s Employer Recognition Scheme to show such appreciation and to make employers feel closely connected with the Brigade and the community.

11. DEATH OF MEMBERS

11.1 In the event of the death of any Member of the Brigade, the flag may be flown at half-mast. Full funeral honours may be granted at the discretion of the Members.

11.2 Brigades may, if they think fit, at the death of a former Member, grant full funeral

honours to that person. 11.3 The Brigade will only act under Rules 11.1 and 11.2 with the consent of the deceased’s

family. Appendix 11 lists suggestions Brigades might consider upon the death of a Member, 12. RESIGNATION OF MEMBERS 12.1 Any Member may resign from the Brigade by giving one month’s prior notice in

writing addressed to the Chief Fire Officer.


13. MANAGEMENT COMMITTEE

Appointment of Committee 13.1 The Brigade will have a Management Committee. Subject to Rule 13.4, its members

will comprise:

a) Four persons, ex officio, being: Chief Fire Officer Deputy Chief Fire Officer Brigade Secretary (elected at the Brigade’s Annual General Meeting)

Brigade Treasurer (elected at the Brigade’s annual General Meeting) Provided that where the offices of Secretary and Treasurer are combined and duties are carried out by the same person, there will be only three persons, ex officio; and

b) One member in addition to those in 13.1 (a) who is appointed by the Chief Fire Officer from members of the Brigade having officer rank in the Brigade; and

c) At least two persons, or one person for each ten Brigade members, whichever is the greater, elected by the membership by secret ballot at each Annual General Meeting.

13.2 The Chair of the Management Committee will be elected by the membership of the

Committee at its first meeting following the Brigade’s Annual General Meeting.

13.3 If a vacancy occurs on the Management Committee between Annual General Meetings, the vacancy may be filled either by:

a) An appointment by the Chief Fire Officer, where the original member was

appointed by the Chief Fire Officer; or b) Election at a Special General Meeting of the Brigade held for this purpose, where

the original member was elected at the Annual General Meeting of the Brigade. 13.4 Where the Chief Fire Officer is not a member of the Brigade, the Chief Fire Officer

will appoint a Member of the Brigade as its Officer in Charge who will exercise the Chief Fire Officer’s powers of appointment of members of the Management Committee under Rule 13.1 and is eligible for election to the Chair’s position.

Duties of the Committee 13.5 The Management Committee is responsible to the membership for the day-to-day

administration and management of the Brigade’s affairs other than operational matters which are the responsibility of the Chief Fire Officer.

13.6 The Chair of the Management Committee will:

a) chair all meetings of the Management Committee; b) allocate administrative and management responsibilities, duties and tasks,

(portfolios) to Committee members and other Members of the Brigade; c) report on the Committee’s activities to meetings of the Brigade; and d) report the Committee’s business for the preceding 12 months to the Annual

General Meeting. 13.7 The Secretary will carry out the specific duties listed in Appendix 8 and such duties as

may be delegated by agreement with the Chair of the Management Committee.


13.8 The Treasurer will carry out the specific duties listed in Appendix 9 and such duties delegated by agreement with the Chair of the Management Committee.

13.9 The Management Committee will:

a) support the Chief Fire Officer in the discharge of his duties in the Fire District in accordance with Sections 28 and 28A of the Fire Service Act;

b) ensure that these Rules are strictly observed and that any other terms set out in the Agreement of Service are faithfully carried out;

c) compile the Brigade’s business plan and budget, review it periodically throughout each financial year and, if necessary, amend it to meet operating circumstances;

d) keep close links with the community in which the Brigade operates and other stakeholders, agencies and organisations that are able to assist the New Zealand Fire Service and/or the Brigade to achieve its objectives;

e) protect the health and safety of the Members while on Brigade duties including the maintenance of an up-to-date Risk Register listing known risks, especially any local dangers and exposures, together with safety measures put in place and notified to the members;

f) promote an environment that protects the well-being of the members; g) maintain a personal record for each Member of the Brigade containing:

the Member’s name, address and email address; the Member’s occupation; the Member’s place and date of birth; the Member’s next of kin, including contact details; the Member’s enrolment date and date discharged from the Brigade; the Member’s training, competencies and courses completed; awards received by the Member; the uniforms and personal protective equipment issued to each Member;

and the Member’s medical certificates relevant to duties, records of accidents,

incidents, near-misses and copies of decontamination records. h) keep proper books of account or databases to ensure the Brigade’s accounts are

maintained by the Treasurer in sufficient detail to enable detailed financial reports to be produced and, the annual accounts, approved by the auditor.

i) ensure that, by resolution each year at the Brigade’s Annual General Meeting a suitably qualified auditor is appointed who, as arranged by the Treasurer, will at least annually, examine and audit all the accounts and books of the Brigade and report to the Annual General Meeting, or more frequently if the Management Committee, Treasurer, or the auditor consider it necessary. The auditor is entitled to be paid for these services.

j) be responsible for the efficient and prudent management of all of the Brigade’s financial resources and property assets owned by the Brigade.

k) ensure all commitments which are entered into on behalf of the Brigade, are approved by the Management Committee, and endorsed by the Chair of the Management Committee. A Brigade has no power to borrow unless incorporated under the Incorporated Societies Act 1908.

l) maintain appropriate bank account or accounts in the name of the Brigade as arranged by the Treasurer.

m) ensure that cheques drawn on the Brigade’s bank account are for expenses approved for payment at a Brigade meeting and that the cheques or orders are signed by at least two (2) signatories appointed by the Management Committee.

n) arrange proper safeguards and secure processes for the transfer of funds, payments and receipt of funds to be carried out electronically online or by cheque or credit card facilities.


o) ensure that the Treasurer provides a financial report at each meeting of the Brigade and a properly prepared and audited annual statement of income and expenditure and balance sheet for each Annual General Meeting of the Brigade, and ensure a copy is forwarded to the Regional Manager as required in the Brigade’s Agreement of Service.

p) take out and maintain appropriate insurance cover for all the Brigade’s property not insured by the Commission and which the Management Committee considers is of sufficient value to warrant such insurance.

q) if the Brigade is registered under the Charities Act 2005 meet all requirements of that Act.

r) provide all reports and returns required by the Commission relating to the administrative activities of the Brigade.

s) arrange appropriate events to present members’ service awards, to celebrate Brigade milestones and achievements and to recognise those eligible in the Employer Recognition Scheme.

13.10 The Brigade, if incorporated, will have a Common Seal, which will be in the custody

of the Secretary and may only be affixed to a document by the authority of a resolution of the Management Committee.

14. MEETINGS OF THE MANAGEMENT COMMITTEE

14.1 The Management Committee will meet at least every two months and from time to time as required or at the discretion of the Chair of the Committee.

14.2 The Chair of the Management Committee will chair all the Committee’s meetings, set

the agenda and determine the order of business. If the elected Chair is absent from any meeting, the Committee shall elect an interim Chair who will conduct the business at that meeting. The Committee may resolve that another Member of the Committee take the chair for particular business, for instance when there is conflict of interest.

14.3 Meetings will be conducted in terms of Section 20, parts 1 to 6 below, and all

members of the Management Committee will have equal speaking and voting rights. 14.4 Meetings of the Management Committee will be open to all Members of the Brigade

who may attend as observers but without speaking or voting rights unless invited by the Chair to address the meeting on a particular matter.

15. CHIEF FIRE OFFICER’S APPOINTMENT 15.1 When appointments are being considered by the NZFS Chief Executive to fill the

position of Chief Fire Officer or Deputy Chief Fire Officer of the Brigade, Members will be given the opportunity to make any comments or recommendations about any candidates or likely candidates.

15.2 Any such comments or recommendations must be adopted by resolution passed by a

majority at a meeting of the Members, such resolution to be forwarded to the Regional Manager who will have regard to it when making the appointment.


16. DISCIPLINE

Misconduct 16.1 Any member who breaches these Rules or the general standards of conduct set out in

NZFS policy “Standards of Conduct” (POLHR1.7) and summarised in Appendix 2 to these Rules, is liable to disciplinary proceedings for misconduct in accordance with section 16.3 of these Rules.

Poor Performance

16.2 Any Member who, in the opinion of the Chief Fire Officer fails to meet operational

requirements set out in NZFS policy “Standards of Conduct” (POLHR1.7) and summarised in Appendix 2 b) to these Rules is liable to disciplinary proceedings for poor performance in accordance with section 16.3 of these Rules.

Disciplinary Proceedings

Appendix 3 sets out a tabulated step-by-step process, to be followed in all disciplinary proceedings. Appendix 4 provides a guide for Chief Fire Officers when dealing with disciplinary matters. 16.3 The Chief Fire Officer must investigate any Member’s alleged misconduct or poor

performance, and after having made preliminary enquiries and being satisfied that there is a case to answer, will institute disciplinary proceedings by:

a) providing the Member with full and precise written details of the nature of the

alleged misconduct or poor performance; b) advising the Member, in the interests of fairness, of the procedure that will be

followed according to these Rules and the Member’s right to seek help and advice from the UFBA or from any other persons;

c) affording the Member reasonable time, between 7 and 14 days, in which to: 1. respond to the preliminary details provided. 2. seek advice and support before submitting representations (in writing or

verbally) to the Chief Fire Officer or to any other Members or persons (as may be appropriate in the particular circumstances of the investigation).

16.4 If, having made preliminary enquiries and taking into account any submissions

received, the Chief Fire Officer is not satisfied there is a case to answer, he will advise the parties involved that the proceedings will not be taken further.

16.5 If, having made preliminary enquiries and taking into account the submissions, the Chief Fire Officer is satisfied there is a case to answer, the Member will be advised accordingly and within 14 days of the Chief Fire Officer deciding to proceed, the Member will be provided with full details of the alleged misconduct or poor performance.

16.6 The Chief Fire Officer, will again advise the Member of the procedure to be followed

under these Rules and that the Member may seek help and advice from the UFBA or from any other persons.

16.7 The Chief Fire Officer will arrange for a disciplinary hearing to commence between 7

and 28 days of the date that full details were advised pursuant to Rule 16.5, so as to conclude matters within 7 days of the hearing’s commencement unless there are


extenuating circumstances. The CFO will advise the Member not less than 7 days prior to the hearing of the date, place and time of the hearing, of the Members right to be represented at the hearing and the penalties which may be imposed if the misconduct or poor performance is established.

16.8 Once it has been determined that there is a case to answer any Member reasonably

suspected of serious misconduct may be suspended from membership by the Chief Fire Officer, or Officer in Charge, pending conclusion of the disciplinary proceedings if in the opinion of the Chief Fire Officer the presence of the Member could compromise the good order and discipline of the Brigade.

Penalties

16.9 Within 7 days of the completion of the disciplinary hearing, the Chief Fire Officer will

advise the Member in writing of the outcome and penalties (if any). a) Where a Member is found to have committed misconduct in terms of Rule 16.1,

the Chief Fire Officer (or in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer) may impose a penalty on that Member that is appropriate to the misconduct committed. Such penalty may include reprimand, deprivation of privileges, standing down from operational duty or discharge from the Brigade.

b) Where a Member is found to have failed to perform in accordance with Rule 16.2, the Chief Fire Officer will advise any actions that the Member must take to improve performance and the Member must carry out those actions. Failure to carry out actions contained in the notice will be considered a failure to meet operational requirements for the purposes of rule 16.2. If, within any two year period, any Member has received two written notices of poor performance under this rule, the Chief Fire Officer (or in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer) may discharge the Member from the Brigade by notice in writing to that Member. Appendix 4 provides a guide for Chief Fire Officers when deciding penalty.

Appeals

16.10 If a Member:

a) Receives a notice under Rule 16.9 b); or b) Is discharged from the Brigade under Rule 16.9 a); or c) Receives a penalty under Rule 16.9 a) or b),

that Member may, within 14 days of receiving written notice, appeal the decision of the Chief Fire Officer (or Deputy Chief Fire Officer as the case may be).

16.11 Every appeal under Rule 16.10 a), b) or c) above or Rule 18.6 will be made by the

Member in writing to the Regional Manager who, within 14 days of receiving notice of appeal will:

a) advise the Chief Fire Officer that an appeal has been received; b) advise the Chief Executive of the UFBA that an appeal has been received; c) arrange for an Independent Person to be appointed to adjudicate the appeal at a

hearing to be scheduled to begin within 42 days of receiving advice from the appellant; and

d) arrange for a suitable hearing venue and advise the Independent Person, the Member (who may be accompanied by a person representing the Member), the


Chief Fire Officer (who may be accompanied by a person representing the Chief Fire Officer) of the date, time and place of the hearing.

16.12 The Independent person appointed will endeavour, within 28 days of commencing

the hearing, (or such later date being not more than 56 days from commencement as the independent person shall advise the parties) convene, hear the matter, and announce a decision which may be:

a) Confirmation of the original decision in whole or in part; or b) Modification of the original decision; or c) Substitute a new decision in place of the original decision and either reinstate

the Member to the Brigade or impose a different penalty on the Member. 16.13 The Independent Person will advise the outcome of the Appeal hearing to the

Regional Manager whose responsibility it is to implement the decision. 16.14 The decision of the Independent Person will be final.

17. DISSATISFACTION WITH THE PERFORMANCE OF THE CHIEF FIRE OFFICER OR DEPUTY CHIEF FIRE OFFICER

17.1 If the Brigade is dissatisfied with the performance of the Chief Fire Officer or Deputy Chief Fire Officer, the following procedure will be followed:

a) A notice of motion signed by not less than one third of the Members, proposing

a resolution of the Brigade that it is dissatisfied with the performance of the Chief Fire Officer or Deputy Chief Fire Officer must be delivered to the Secretary of the Management Committee. The notice must contain full and precise details of the reasons for the signatories’ dissatisfaction.

b) Upon receipt of a notice under paragraph (a) of this rule, the Secretary of the Management Committee must call a special meeting of the Brigade to consider the motion.

c) Notice of the Special Meeting must be given to the Chief Fire Officer or Deputy Chief Fire Officer (as the case may be) together with full and precise details of the reasons for the motion.

d) At the special meeting the Chief Fire Officer or Deputy Chief Fire Officer (as the case may be) must be given a reasonable opportunity to respond (in writing or verbally) to the reasons for the motion.

17.2 If the resolution is passed by a majority of the Members attending the Special

Meeting, a further resolution may be passed (again by majority) that the Brigade recommends to the Regional Manager that the performance of the CFO or Deputy CFO or the person in charge of the Brigade be reviewed. Any recommendation to the Regional Manager will include full and precise details of the reasons for the Brigade’s dissatisfaction with the performance of the Chief Fire Officer or Deputy or Officer (as the case may be). The Secretary will, forthwith after the Special Meeting, forward the recommendation to the Regional Manager who, within 28 days of receiving advice, will notify the Brigade of the actions planned, or taken, to resolve matters.


18. DISSATISFACTION WITH OTHER MEMBER/S OF THE BRIGADE 18.1.1 No fewer than three of the members may advise, in writing, the Secretary of the

Management Committee of dissatisfaction between Members involving matters other than misconduct, poor performance, or dissatisfaction with the Chief Fire Officer or Deputy Chief Fire Officer referred to in Rules 16 and 17. The Secretary shall, within 7 days of receiving the advice, arrange a meeting of the Management Committee, to be held between 14 and 21 days later which, having made preliminary enquiries and being satisfied there is a case to proceed, will:

a) provide the Member/s with the name/s of the complainant(s) and full and

precise details of the nature of the alleged behaviour leading to dissatisfaction; b) afford the Member/s reasonable time, between 7 and 14 days, in which to

respond to the details provided about the dissatisfaction; and c) facilitate an opportunity for the Member/s to make representations (in writing

or verbally) to the Management Committee, as well, as to those members who raised the matter of dissatisfaction.

18.2 If, having made preliminary enquiries, the Chair of the Management Committee is

not satisfied there is a case of dissatisfaction to answer, he will advise the Members who raised the matter and the member/s whom it is alleged caused dissatisfaction.

18.3 If the case proceeds, the Chair of the Management Committee will arrange a hearing

between 7 and 28 days of having provided the member with the details of the alleged dissatisfaction and endeavour to conclude matters within 7 days of the beginning of the hearing unless there are extenuating circumstances.

18.4 Any Member reasonably suspected of causing dissatisfaction in the Brigade may in

terms of section 16.8 of these rules be suspended from duties by the Chief Fire Officer, or Officer in Charge, once it has been determined that there is a case to answer and pending conclusion of the hearing.

18.5 Within seven days of the completion of the hearing the Chair of the Management

Committee will advise the Member/s and the Chief Fire Officer, in writing, of the outcome. Where the Member is found to have caused dissatisfaction among the Members, the Chief Fire Officer (or in the absence of the Chief Fire Officer, the Deputy Chief Fire Officer) may impose a penalty on that Member that is appropriate to the dissatisfaction caused. Such penalty may include reprimand, deprivation of privileges, standing down from operational duty or discharge from the Brigade.

18.6 Members penalised for dissatisfaction under this Rule may appeal following the

procedure in Rule 16.10.


19. LEAVE Ordinary Leave 19.1 All leave is at the discretion of the Chief Fire Officer who must be notified of all leave

being taken as the result of injury or serious illness.

19.2 Guidelines for the application for and granting of leave are detailed in the NZFS document Leave Policy (POLHR1.4), for example leave for injury/sickness, parental care, sporting fixtures, bereavement, cultural events, jury duty, military service and study.

Parental Leave

19.3 NZFS policy document POLHR6.5 Pregnancy in Firefighters sets out special health

and safety considerations when a firefighter becomes pregnant, to protect the wellbeing of the firefighter and her unborn child, the safety of colleagues and the public, and risks to the NZFS.

19.4 Where an operational Member becomes pregnant, that Member must advise the

Chief Fire Officer who will immediately assign non-operational/alternative duties as set out in the policy document.

19.5 Parental leave shall be granted by the Chief Fire Officer consistent with the policy

guidelines in the NZFS policy document.


20. MEETING PROCEDURE

Conduct of Meetings

20.1 All meetings of the Brigade will be held and conducted openly and transparently. Meetings may be regular, annual or special as provided by these rules.

20.2 At all meetings of the Brigade or Management Committee a majority of members will comprise a quorum.

20.3 Any resolution must be carried by a majority vote of members present at the meeting

and eligible to vote. All votes will be by voice, provided that after the Chair’s declaration, any member may require a show of hands or a secret ballot. All elections will be by secret ballot. In the event of a tied vote, the Chair of the meeting, notwithstanding having exercised a deliberative vote, may exercise another casting vote to determine the issue.

20.4 Meetings may resolve to transact business of a personal, confidential, commercial or

prejudicial nature “In Committee”, in the interests of the Brigade. Resolution of any such matters will be reported at the next Brigade meeting but without giving any information which should remain confidential.

20.5 Unless there is specific mention in these Rules, the standard rules of debate at all the

Brigade meetings will be the recommendation of Pitchforth “Meetings: Practice and Procedure in New Zealand”.

20.6 The Chair of the Management Committee will chair all meetings of the Brigade,

including its Annual and Special General Meetings, setting the agenda and determining the order of business. The meeting may pass a resolution appointing another Member to chair the meeting for particular business, for instance when there is a conflict of interest.

Regular Meetings

20.7 The Brigade will meet at least every two months and from time to time as required or

at the discretion of the Chair of the Committee. 20.8 Honorary Life Members and Honorary Members may attend and speak at Regular

Meetings of the Brigade but will not be counted in establishing a quorum, nor are they entitled to vote.

Appendix 5 is a sample agenda for a typical Brigade meeting and may be used as a guide.

Annual General Meeting

20.9 The date for the Annual General Meeting must be fixed at a regular meeting of the

Brigade. Notice of the Annual General Meeting must be sent to each Member at least 14 days before the Annual General Meeting.

20.10 At each Annual General Meeting eligible Members present will elect a Secretary, a

Treasurer and, under Rule 13.1, the requisite number of members to the Management Committee.


20.11 Honorary Life Members and Honorary Members may attend and speak at the Annual General Meeting of the Brigade but will not be counted in establishing a quorum, nor are they entitled to vote.

Appendix 6 is a sample agenda for a typical Brigade Annual General Meeting and may be used as a guide.

Appendix 7 is a sample notification of an Annual General Meeting and of a Special General Meeting and may be used as a guide.

Special Meetings 20.12 A Special Meeting may be called:

a) Whenever the Chief Fire Officer or the Chair of the Management Committee

considers that a Special Meeting is necessary; or b) Pursuant to Rule 17.1 b) above; or c) Within three days of a request to hold a special meeting being made in writing by

a majority of Members.

20.13 Notice of a Special Meeting, advising the business for that meeting, must be sent to each Member at least 48 hours before the Special Meeting. Only the business in the notice may be considered at the meeting.

21. CONFIDENTIAL INFORMATION 21.1 No Member may use or disclose any confidential information by any means

(including electronically, such as by email and on social networks on the internet) either belonging to the Brigade or related to any of the Brigade’s activities except as is necessary in the ordinary course of the Brigade’s affairs or authorised or required by NZFS for the Commission’s reporting purposes.

22. UNIFORMS AND PROTECTIVE CLOTHING 22.1 The Members will be issued with uniforms and personal protective equipment

appropriate to their roles, the minimum being the NZFS’s Uniform Matrix. 22.2 Uniforms and personal protective equipment worn will conform to the Fire Service

Uniform and Equipment Specifications. 22.3 All uniforms and personal protective equipment are the property of the Commission,

or if paid for out of the Brigade grant, of the Brigade. 22.4 Members must keep uniforms and personal protective equipment clean and in good

order. 22.5 Members must not wear uniforms or personal protective equipment in public except

while on duty. 22.6 Any Member leaving or being discharged from the Brigade must return the uniform,

personal protective equipment and any other Brigade property in the Member’s possession to the Chief Fire Officer within 48 hours of the date of leaving or discharge as the case may be.


23. PAYMENTS TO MEMBERS FROM BRIGADE FUNDS 23.1 Reimbursement of expenses may be made to Members from Brigade funds by

resolution of the Brigade, subject to NZFS policy. 23.2 Any Member, or any Member with a pecuniary association to that Member, must

abstain from taking part in, or influencing determinations to make payments to him or herself or to other persons with whom they have a pecuniary association.

24. DONATIONS IN RECOGNITION OF BRIGADE SERVICES 24.1 Any income, benefit or advantage must be used to advance the charitable purposes of

the Brigade. 24.2 Unsolicited donations by the public in appreciation of the Brigade’s services must be

paid into the Brigade fund and may be used for the benefit of the Members in the advancement of the charitable purposes of the Brigade.

24.3 Other donations must be applied to the purpose for which they were made and must

be used for the advancement of the charitable purposes of the Brigade.

25. WINDING UP OF BRIGADE 25.1 If, on the liquidation of the Brigade, there remains (after the satisfaction of its debts

and liabilities) any property whatsoever, that property must not be paid to or distributed among the Members, but will be given or transferred to the Commission to use for fire safety activities in the general geographical area in which the Brigade operated. If the Brigade is incorporated or registered as a charity winding up must comply with the requirements of the Incorporated Societies Act 1908 and the Charities Act 2005.

26. ALTERATION AND ADDITIONS TO RULES 26.1 These Rules may not be altered or revoked except in accordance with the terms of the

Brigade’s Agreement, sections 16 and 28 and by a resolution of a special or Annual General Meeting of the Brigade. Any variation must also comply with the Charities Act 2005 if the Brigade is registered as a charitable entity under that Act and, if the Brigade is incorporated, be registered under the Incorporated Societies Act 1908.


APPENDIX 1 Rights of Members Probationary Members Recruits are Probationary Members until they have served at least six months and who must also demonstrate progress in training to the satisfaction of the Chief Fire Officer.

Probation is also designed to demonstrate compatibility as a Member of the Brigade and to confirm mutual interest in continuance as a Member.

Probationary Membership may be revoked, by the Chief Fire Officer, pursuant to Rule 6 f) of These Rules, at any time without notice, cause or recourse to disciplinary procedures.

Probationary Members are expected to attend all meetings of the Brigade but may not vote at Brigade meetings, hold office or nominate candidates for office.

Brigade Members Brigade Members are subject to the disciplinary procedures under Section 17 of these Rules. Brigade Members may vote at any Brigade meeting (but only ex officio or elected members may vote at meetings of the Management Committee). Brigade Members may stand as candidates for election to Brigade offices and nominate candidates for Brigade offices. Brigade Members are eligible to service honours offered by NZFS and UFBA. Brigade Members are eligible to other benefits offered by the UFBA and to stand as candidates in elections held by United Fire Brigades’ Association and Fire Brigade Associations.


APPENDIX 2 Standards This Appendix is in two parts. Part 1 sets out a guide to general Standards of Conduct and follow-up for misconduct. Part 2 sets out a guide to operational Standards of Performance and follow-up for under-achieving. 1. Standards of Conduct – General

The standards of conduct referred to in Rule 16.1 are those set out in the NZFS policy document “Standards of Conduct” (POLHR1.7) which apply to all Probationary and Brigade Members while they are engaged in any Fire Service activities.

Included in the policy document are the four main principles underpinning the standards expected of all personnel:

a) Act with a spirit of service to the community and concern for the public interest, b) Act with respect for the safety, health, wellbeing and rights of themselves, their

colleagues, the Fire Service and the public, c) Maintain highest standards of integrity and conduct, d) Perform all duties efficiently and effectively, honestly, impartially and with utmost

professionalism.

Guidelines As a guide, the general Standards of Conduct include, but are not limited to:

a) Complying with the requirements of the Fire Service Act 1975, standard operating

procedures, brigade orders, or any other lawful and reasonable instruction given by a supervisor

b) When on fire service activities, wearing a uniform or personal protective equipment

in accordance with the dress instructions laid down and published c) Obeying all New Zealand laws d) Taking reasonable care of and neither using or allowing the use of, Fire Service or

Brigade property, resources and funds for anything other than authorised purposes. e) Taking reasonable care of public property and the personal property of other

members. f) Taking no action which impairs, or could impair Fire Service operations, the public

trust or confidence in the Fire Service or otherwise adversely affects the public interest. Bringing to the notice of a supervisor any such action or situation which could have this effect.

g) Informing supervising officers of any actual or potential conflicts of interest as soon

as possible.


h) Not incurring any liability on behalf of the Fire Brigade or Fire Service without proper authorisation; i.e. making only approved purchases or incurring legitimate expenses only within the limits of any delegated authority to do so and in compliance with these Rules

NB: This is a guide to the general standards of conduct expected: details are found in

the NZFS document POLHR1.7 “Standards of Conduct” Any Member who breaches the NZFS policies contained in the document POLHR1.7

“Standards of Conduct”, or these Rules, commits misconduct and is liable to disciplinary proceedings in accordance with these Rules, 16.3 t0 16.13.

2. Standards of Conduct - Operational The standards of conduct referred to in Rules 16.2 are those set out in the NZFS policy document “Standards of Conduct” (POLHR1.7) which apply to all Probationary and Brigade Members and relate to operational activities. In addition to the general Standards of Conduct members must observe operational requirements and meet competencies, including but not limited to:

a) Complying with orders, or any other lawful and reasonable instruction given in the course of duty by a supervisor, and working as directed

b) Refraining from conduct or behaviour which might impair work performance and

exercising reasonable care at all times in carrying out assigned duties c) Meeting all training requirements and maintaining operational skills d) Meeting overall standards of competence and performance required by the Chief Fire

Officer including availability for, and attendance at, emergency call-outs e) Maintaining a standard of physical fitness necessary to perform the duties that might

reasonably be required from time to time.

NB: This is a guide to operational standards of conduct expected: details are found in the NZFS document POLHR1.7 “Standards of Conduct” Any Member who breaches the NZFS policy document POLHR1.7 “Standards of Conduct” or these Rules commits misconduct and is liable to disciplinary proceedings in accordance with these Rules, 16.3 t0 16.13.


APPENDIX 3 Appendix 3 sets out a tabular step-by-step process, according to these Rules, for disciplinary proceedings.

Process Lapsed Days*

CFO investigates allegation of misconduct or poor performance (Rule 16.1, general misconduct or Rule 16.2 poor operational performance). After preliminary enquiries, determines whether there is a case to answer and within 7 days either:

a) dismisses the matter and advises the parties; or b) decides there is a case and provides the member with full and precise

details of the allegation and considers whether the allegation warrants suspension from operational duties until the matter is resolved.

c) Advises procedure to be followed.

7

Member has 14 days to seek advice and support and respond to the details with submissions to the CFO and /or other persons

21

CFO reviews allegations and submissions and within 14 days decides: a) no further action is warranted, drops enquiries and notifies all relevant

parties; or b) to proceed with a disciplinary hearing.

35

CFO, if (b above), advises member immediately and within 14 days of his decision to go ahead provides the member with full details of the allegation(s)

49

CFO arranges to hold a hearing between 7 and 28 days after notifying the detailed allegation(s). CFO advice date, time and place of hearing and the procedure to be followed.

78

CFO holds hearing and aims to conclude matters within 7 days of its commencement

85

CFO has 7 days from date of completion to advise member in writing whether the charge is found proven, and the penalty, if any, as prescribed in 16.9 a) or b).

92

APPEALS

Member may lodge an appeal to Regional Manager within 14 days 106

Regional Manager within 14 days advises the CFO and UFBA of the Appeal, arranges for Appeal Hearing adjudicated by an Independent Person, which must begin within 42 days of Regional Manager receiving appeal.

148

Hearing

Independent Person reports decision to Regional Manager within 28 days of the end of the Hearing, Regional Manager implements decision.

* duration if the maximum limit is applied to each process


APPENDIX 4

Appendix 4 provides a guide for Chief Fire Officers when dealing with disciplinary matters. The NZFS document Managing Misconduct Policy (POLHR1.8A) outlines a guideline for managing allegations of misconduct and details the procedures for dealing with them. The requirements of Natural justice must be observed. Natural justice is the duty lying on every decision – maker to act in good faith and fairly listen to all parties likely to be affected by a decision or exercise of power. Other essentials, particularly in volunteer brigades are to ensure processes are understood, be seen to be fair, just and timely and that the law is complied with.

Chief Fire Officers managing disciplinary matters must comply with the principles of natural justice: its principles are included in statutory law, the most important of which is the Bill of Rights Act, 1990. Section 27 of the Act states:

(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations or interests protected or recognised by law.

(2) Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply in accordance with law for judicial review of that determination.

Natural Justice means the Chief Fire Officer will:

Give adequate notice about the allegation(s), the process involved and possible outcomes

Declare to all parties, in advance of any process, any personal interest in the

proceedings

Make all decisions in an unbiased manner and acting in good faith

Give each party reasonable time to consider allegations and prepare a defence

Give each party the opportunity to be heard in a fair manner with support and advice from the UFBA or persons of their choice

Give each party the opportunity to ask questions and contradict the evidence of the

opposing party

Take into account relevant considerations and extenuating circumstances, and ignore irrelevant considerations

Look objectively at what has occurred, be satisfied that a fair and reasonable process

has resulted in a fair and reasonable outcome

Consider whether the proposed decision, and the outcome of the decision, is fair and reasonable, and one that any authority would be likely to consider imposing.


http://www.legislation.govt.nz/act/public/1990/0109/latest/contents.html

http://www.legislation.govt.nz/act/public/1990/0109/latest/contents.html

Consider whether the Brigade and community will be satisfied that justice has been done?

Observe the principle that natural justice operates on the principles that the person is

basically good, that a person of good intent should not be harmed, and one should treat others as one would like to be treated

And when considering penalty the Chief Fire Officer will take into account:

Fairness is the key to the decision: Is it fair to the Member concerned, other Brigade Members and the wider community, and is it seen to be?

Is this a first “offence”, and if not, had the Member received warnings about

shortcomings in behaviour; were they for the same type of behaviour?

Was the offence out of character or out of line with the Member’s otherwise normally acceptable behaviour and the Member’s valued service as a worthwhile Brigade Member?

Does the Member admit the misbehaviour and accept the possible consequences of

the misbehaving?

Is the Member regretful, remorseful?

Are there are any mitigating circumstances?

Consider the victim: who or what suffered and what are the victim’s views of the “offending”?

Is there need for the penalty to be a deterrent, a lesson to other Members in the

Brigade?

Has the Member been suspended from operational duties during the disciplinary process, and will this form part of the penalty?

Whether the penalty does not exceed the punishment common in District Courts or

other jurisdictions.

Penalty may include provisions modelled on those imposed by District Courts...e.g. Diversion, Probation and Suspended Penalty (which dissolves after a specified period of satisfactory behaviour)

Be specific when announcing decisions: what exactly the penalty is and/or what is

expected of the member.


APPENDIX 5

Appendix 5 is a sample agenda for a typical Brigade meeting and may be used as a guide

MODEL AGENDA FOR A BRIGADE MEETING

1. Welcome to Members and to visitors (if any) 2. Apologies/Leave 3. Roll Call 4. Confirmation of the Minutes from last meeting 5. Any matters arising 6. Correspondence - inward and outward 7. Chair of Management Committee’s report 8. Chief Fire Officer’s report 9. Secretary’s report 10. Treasurer’s report/Approval of accounts for payment 11. Health and Safety matters

12. Other reports 13. General Business 14. Brief Review of Major Incidents (if applicable) 15. Applications for Anticipated Leave 16. Closing


APPENDIX 6 Appendix 6 is a sample agenda for a typical Brigade Annual General Meeting and may be used as a guide. It is followed by an expanded Agenda with notes for further guidance.

MODEL AGENDA: BRIGADE ANNUAL GENERAL MEETING

1. Welcome 2. Roll Call

3. Apologies 4. Appointment of Scrutineers 5. Confirmation of Minutes of the previous AGM 6. Chief Fire Officer’s Report for the past year 7. Matters arising

8. Chair of the Management Committee’s Report for the past year 9. Matters arising

10. Secretary’s Report for the past year 11. Matters Arising

12. Treasurer’s Report for the past year 13. Matters Arising

14. Other Reports for the past year

15. Elections for the ensuing year

16. Reimbursement of Expenses 17. Address by NZFS Executive Officer (if attending and as appropriate) or by guests

18. Other Business

19. Conclusion


MODEL AGENDA: BRIGADE ANNUAL GENERAL MEETING WITH NOTES

1. Welcome to Members, NZFS Executives and other visitors, Brigade Life Members and Honorary Members

2. Roll Call

3. Apologies Mover/Seconder/resolved “that the apologies be received”

4. Appointment of Scrutineers

Because any member has the right to ask for a secret ballot for any election during the meeting, scrutineers may be elected at the beginning of the meeting, or they may be elected immediately before the vote if there is a call for a secret ballot with voting papers. Those nominated will be trusted to properly count the voting papers so will preferably be disinterested parties, perhaps Life and Honorary Members, who do not have a vote. Usually at least 2 scrutineers will be elected. Their count is final, conveyed to the Chair of the meeting and cannot be appealed.

The motion to elect scrutineers is moved/seconded/resolved “that person A and person B be elected as scrutineers in the event that a secret ballot is carried out”.

(If a secret ballot is held the scrutineers retire from the meeting room to count the votes. Once they have determined the result they advise the Chair who then announces the decision after which any member, may (and someone should) move “that the voting papers be destroyed” and, once resolved, the Chair ensures the motion is carried out, usually by the scrutineers).

5. Confirmation of Minutes of the previous AGM

Mover/Seconder/resolves “that the minutes of the last Annual General Meeting are confirmed as correct”

(Motion may have exceptions/additions if necessary to correct the minutes as true record)

6. Chief Fire Officer’s Report for the past year

(CFO usually moves at the conclusion of the report “I move that my report be adopted”, in which case it is seconded and voted on).

7. Any matters arising

An opportunity for any questions to the CFO, confined to the content of the report. Or to enable any actions arising from the report that are required to be taken, or appropriate to be considered, by the Annual General Meeting.

8. Chair of the Management Committee’s Report for the past year (Chair usually moves at the conclusion of the report “I move that my report be adopted”, in which case it is seconded and voted on).

9. Any matters arising

An opportunity for any questions to the Chair of the Management Committee, confined to the content of the report or to enable any actions arising from the report


that are required to be taken, or appropriate to be considered, by the Annual General Meeting.

10. Secretary’s Report for the past year

(Secretary usually moves at the conclusion of the report “that my report be adopted”, in which case it is seconded and voted on).

11. Matters Arising

An opportunity for any questions to the Secretary, confined to the content of the report or to enable any actions arising from the report that are required to be taken, or appropriate to be considered, by the Annual General Meeting.

12. Treasurer’s Report for the past year Treasurer usually moves at the conclusion of the audited financial statement “that my report(s) be adopted”, in which case it is seconded and voted on. (A copy of the adopted statement is required to be sent to the Regional Manager as per section 14 of “Agreement of Service”).

13. Matters Arising

An opportunity for any questions to the Treasurer, confined to the content of the report or to enable any actions arising from the report that are required to be taken, or appropriate to be considered, by the Annual General Meeting.

14. Other reports

Speakers determined by the Chair of the Management Committee, for example, the Training Officer, Social Convenor, or an Officer/Member managing a Brigade project, etc: (The adoption of each report is moved, seconded and resolved)

15. Elections for the ensuing year

Each position is a separate election, by voice, provided that after the Chair has declared the result, any Member may require a show of hands or a secret election using ballot papers. As in all elections under The Brigade Rules, in the event of a tied vote, the Chair of the meeting, notwithstanding having exercised a deliberative vote, may exercise another casting vote to determine the issue.

a) Members of the Management Committee – (the number to be elected as in

Rule 13.1 b) b) Brigade Secretary c) Brigade Treasurer d) Auditor e) Honorary Members (election of any new candidates, confirmation of existing

list)

16. Reimbursement of Expenses Some Brigades reimburse their Secretary and Treasurer for ‘expenses’ which are moved, seconded and voted at the Annual General Meeting.

17. Address by NZFS Executive Officer (if attending and as appropriate) or Guests

18. Any Other Business

19. Conclusion


APPENDIX 7

Model Notice for Annual General Meetings and Special General Meetings The following may be used as a guide notice of these meetings:

Annual General Meeting

(Rule 20.9 requires 14 days’ notice to Brigade Members advising the holding of the Brigade’s Annual General Meeting)

KIWITOWN VOLUNTEER FIRE BRIGADE NOTICE OF ANNUAL GENERAL MEETING

Notice is given that the Annual General Meeting of the Kiwitown Volunteer Fire Brigade will

be held at the Fire Station, Queen Street, Kiwitown, on Monday 31st September 2011 commencing at 1930 hours. The agenda for this meeting has been posted on the Brigade’s

website and noticeboard, hard copies are available in advance at the fire station and will also be available on the night prior to the commencement of the meeting. Dress: Tunics, light

blue shirts, without Medals.

Brigade Secretary: Date of Notice:

Special General Meeting (Rule 20.13 requires 48 hours’ notice to Brigade Members advising the holding of a Special

General Meeting of the Brigade)

KIWITOWN VOLUNTEER FIRE BRIGADE NOTICE OF SPECIAL GENERAL MEETING

Notice is given that the Special General Meeting of the Kiwitown Volunteer Fire Brigade will

be held at the Fire Station, Queen Street, Kiwitown, on Monday 31st September 2011 commencing at 1930 hours. I have received a request by the majority of Brigade members for

such a meeting pursuant to Brigade Rule 20.12.c and I advise that the sole item on the agenda concerns the proposed replacement of our Scania appliance. Dress: Dark blues.

Brigade Secretary: Date of Notice:


APPENDIX 8 Appendix 8 is a list of duties which are typically the responsibility of the Secretary of the Brigade

SECRETARY’S DUTIES

The Secretary will: 1. Keep a true record of all business transacted at meetings of the Management

Committee and of the Brigade, Annual General and Special Meetings, the minutes of each meeting to be ratified at the next appropriate meeting, signed by the Chair and retained in either hard copy of database in case of audit and for the Brigade’s historical records.

2. Maintain an up-to-date list, of Members, Brigade Life Members and Honorary Members, together with their home or email address.

3. Maintain an up to date Roll of all members of the Brigade and record attendances,

apologies or absences at each meeting and muster, ensure that entries are made in appropriate NZFS databases and that the roll is available, on request, by the UFBA when assessing service honours.

4. Attend to all the Brigade’s correspondence, including emails which concern the

Brigade’s activities and all communications from the UFBA and Provincial/District Fire Brigades’ Associations.

5. Notify members of the Management Committee of meetings, together with an

Agenda, and give notice of Brigade, Annual and Special Meetings.

6. Furnish any statutory requirements required of the Brigade, for instance, Inland Revenue, Incorporated Societies or Charities Act returns.

7. Certify, along with the Chief Fire Officer, applications for service awards and to lodge

these with appropriate advance notice of functions where honours are to be presented.

8. Have available for reference at all meetings a copy of these Rules.


APPENDIX 9 Appendix 9 is a list of duties which are typically the responsibility of the Treasurer of the Brigade.

TREASURER’S DUTIES

The Treasurer will: 1. Receive all monies due to the Brigade and pay these into a bank account(s) established by resolution of the Brigade for the purpose. 2. Pay all accounts owing by the Brigade which have first been approved by resolution at a Brigade meeting.

3. Submit a report on the Brigade’s finances to each meeting of the Brigade.

4. Oversee investment of Brigade funds as appropriate and agreed by the Management

Committee

5. Submit at each Brigade Annual General Meeting a properly prepared and audited balance sheet and statement of Income and Expenditure and ensure a copy of the report is forwarded to the Regional Manager to conform with the Brigade’s “Agreement for Service”.

6. Arrange with the Chair of the Management Committee for three Members to be

signatories for the Brigade’s back account(s) and arrange with the bank that any two of those signatures will operate the account(s).

7. Assist the Chairman of the Management Committee to compile the Brigade’s annual

Business Plan, particularly the financial and budgeting aspects.


APPENDIX 10

Extracts from the Brigade’s Model Agreement of Service relating to its obligations mentioned in these Rules.

1. Brigade Annual Plan: Section 13.9 c and Appendix 9 in These Rules.

Model Agreement of Service, part 9, provides for the brigade to prepare and forward an annual business plan, including finances, to the Regional Manager “... to guide, prioritise and schedule the activities of the Brigade within its District”

2. Financial reporting: Section 13.9 (o) and Appendix 9 in These Rules and Model

Agreement of Service, part 14, provides for the Brigade to provide a copy of the Brigade’s audited grant account to the Regional Manager within 4 months of the end of each financial year.

3. No amendment to Rules: Section 26 in These Rules and Model Agreement of

Service, part 16, provides that the Brigade must not change its Rules without the prior written approval of the New Zealand Fire service Commission, which will not unreasonably withhold its approval of amendments.

4. Appointment of Chief Fire Officer and Deputy Section 15 in These Rules and Model Agreement of Service, part 26, provides that the Chief Executive (or if delegated, the Regional Manager), appoints Chief Fire Officers and Deputy Chief Fire Officers, having regard to any relevant representations made by the Members of the Brigade.



APPENDIX 11

Suggestions Brigades might consider upon the death of a Member. All arrangements must meet with the approval of the late Member’s family. It may be appropriate to coordinate with the family, those officiating at the service and the funeral director so that when arrangements are being made for the funeral any NZFS/UFBA participation, presence, eulogies and/or rituals can be included. How Brigades honour Members, and past members, differs widely. The exact procedure is not laid down: it will probably be up to the Management Committee of the Brigade to determine appropriate tributes. As appropriate, neighbouring brigades, Sub-District and Provincial Associations, UFBA, and NZFS Area/Regional Headquarters should be advised of the death. They may wish to be involved in arrangements. Here is a list, not exhaustive, of how some Brigades have honoured Members, Brigade Life Members, Honorary Members and others who were closely associated with a Brigade.

a. Offer the family any support the Brigade, and its members, can give b. Fly the NZ Fire Service flag at half-mast at the fire station: decide duration/times c. Group visit by the Brigade if the late Member’s lying in state prior to the service d. Provide suitable flowers: maybe at the family home and/or the service e. Provide uniformed ushers at the service f. Provide a NZ Fire Service flag to drape the casket, on which may be placed the late

Member’s helmet, medals etc g. Provide pall bearers as the casket enters and/or leaves the service h. If it’s a tangi, arrange to be welcomed on to the marae as a group i. Provide a Member to give an eulogy about the late Member’s service j. Provide a Member to give one of the readings from the Gospel k. Provide a suitable person to recite the UFBA Funeral Ritual (available from UFBA) l. Provide a Guard of Honour as the casket leaves, following the service m. Pay respects at the hearse as a group n. Provide a fire appliance as a hearse to bear the casket away o. Provide a fire appliance to lead or escort the hearse away p. Plan the procession to pass the fire station with a brief pause outside it while

lowering and hoisting the station’s flag in further tribute. q. Sound the station siren at an appropriate time during the service or immediately

after r. Provide a Guard of Honour as the casket approaches the graveside/crematorium s. Pay final respects at the graveside or in the crematorium as a group t. Offer the fire station as a venue for the after-funeral function or a separate Wake.

Documents

(Insert Name) FIRE BRIGADE BRIGADE RULES - UFBA · CHIEF FIRE OFFICER’S APPOINTMENT ... training and research in the activities of the fire brigade. 1.1.5 To promote the safety