VIRGINIA: IN THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY SAMUEL G. FOREBACK KAREN A. WILLIAMS BRUCE D. WILLIAMS MICHAEL R. WILLIAMS SHERRY HAMILL-HUFF CHARLES T. BAKER : Patsy L. BAKER : Norma J. SETTLE PETITIONERS, : vs. : Case No. CL24-0000 20-00 BOARD OF SUPERVISORS OF RAPPAHANNOCK COUNTY : SERVE: ARTHUR L. GOFF, COUNTY ATTORNEY 7 238 GAY STREET, WASHINGTON, VIRGINIA. Huh F. Hit. 148 HirrLes Mit Road HUNTLY, VIRGINIA 22630 DAviD E. BAILEY 13316 Crest Hit. Roa FLINT HILL, VIRGINIA 22627 TimotHy F. BILLS 76 OLD BROWNTOWN LANE HUNTLY, ViRGINIA 22630 PATRICK F. O’MALLEY 22 OLD VINEYARD LANE FLINT HILL, VIRGINIA 22627 SEAN M. KNICK 846 HARRIS HOLLOW RoaD WASHINGTON, VIRGINIA 22747 RESPONDENTS $36.00 FLINT HILL VOLUNTEER FIRE COMPANY A VIRGINIA NON-STOCK CORPORATION NOMINAL RESPOND! FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 1 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FeBRUARY 1,2024)PETITION FOR DECLARATORY JUDGEMENT, NULLIFICATION OF BOARD OF SUPERVISOR’S RESOLUTION(S), ENFORCEMENT OF VIRGINIA FREEDOM OF INFORMATION ACT AND THE BYLAWS OF FLINT HILL FIRE COMPANY, INC. AND OTHER INJI ‘TIVE RELIEF COME NOW, Pet Virginia Declaratory Judgement Act (Virginia Code §§8.01-184, ef seq.) and the Virginia mers, by counsel, and for their Petition pursuant to the the Freedom of Information Act, (Virginia Code §2.2-3700, et seg. (hereafter “VFOIA”) against The Board of Supervisors of Rappahannock County (“the Board”) and Individual Respondents Hugh F. Hill, David E. Bailey, Timothy F. Bills, Patrick F, O’Malley and Sean M. Knick, who are de facto members of the Board of Directors of the Nominal Respondent, Flint Hill Fire Company, and in support thereof respectfully state as follows: (1) This Petition arises from the ultra vires and patently unlawful actions of the Board of Supervisors of Rappahannock County (hereafter “the Board”) which, under color of Virginia Code § 27-13, removed from office the duly elected Officers and Directors of the nominal respondent, Flint Hill Fire Company (hereinafter “the Corporation”) and hijacked the Corporation and all its real and personal property by enacting a Resolution purporting to elect and install new Directors and Officers (the Individual Respondents named in the caption other than Respondent “Sean M. Knick”) at a Spe 2023 (hereafter “the January 2023 Resolution”, attached as “Exhibit A”) in total | Meeting held on January 26, disregard for the Code of Virginia, the Certificate of Incorporation and Bylaws of the Corporation (collectively referred to as “Organizational Documents”) all which give the Members of the Corporation the exclusive right to elect and remove Directors and Officers. (2) Petitioners challenged the validity of the January 2023 Resolution by filing a petition in this Court styled Williams et al. vs. Board of Supervisors et al., Case Ne CL23- 000043, which is now on appeal in the Court of Appeals awaiting oral argument and decision in Record Ne 1585-23-4.! "In CL23-00043, this Court sustained a Plea in Bar filed by the Board and Individual Respondents FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 2 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VEOIA & ETC. (Fepruary 1, 2024)(3) Acting under color of the January 2023 Resolution, without any notice as required by VFOIA and the Corporation’s Organizational Documents and Bylaws, the Individual Respondents assumed operational control of the Corporation and engaged in a variety of unlawful acts, all as is hereinafter more particularly alleged. (4) While Case Ne CL23-000043 / Record appointed “Chief” (Respondent David Jarrell in Case Ne CL23-000043) resigned, and on September 11, 2023, the Board of Supervisors, again acting under color of Virginia Code 1585-2 -4 was pending, the unlawfully § 27-13, adopted another Resolution appointing Respondent Sean M. Knick as “Chief/Board of Director 1” [SiC] of the Corporation. This Resolution is attached as “Exhibit B” and is hereinafter referred to as “the September 2 (5) Inaddition, while Case Ne CL23-000043 / Record Ne 1585-23-4 was pending review in the Court of Appeals, on January 3, 2024, the Board adopted another Resolution 3 Resolution.” essentially renewing and continuing in effect the January 2023 Resolution. This Resolution is attached as “Exhibit C” and is hereinafter referred to as “the January 2024 Resolution.” (6) PK “organized pursuant to Virginia Code 27-8” and as with the January 2023 on which each joners seek a declaratory judgement that: (a) the Corporation was not is predicated, the Board’s September 2023 Resolution and January 2024 Resolution should each be nullified and declared void ab initio; (b) the duly elected Directors and Officers of the Corporation should be restored to their positions, (c) all actions of the purported new Directors and Officers (Individual Respondents) appointed by the January 2023, September 2023 and January 2024 Resolutions were void, or to have such actions nullified, (d) that various meetings of the BOS-installed Board of Directors and members were held in violation of VFOIA, and that all actions taken at such unlawful meetings be declared void ab initio and nullified, and (d) otherwise to restore the status quo ante and issuance of temporary and permanent injunctive relief against the Board and Individual Respondents. is that FHVFC was a “Fire Company” organized pursuant to Title 27 of the Code of and as such it was subordinate to the Board of Supervisors which had the authority under Code 27-13 to remove and replace the Directors and Oficers of the Corporation, FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 3 PETITION FOR DECLARATORY JUD :T, ENFORCEMENT OF VFOIA & ETC. (Fepruary 1, 2024)PARTIES (7) _ Each of Petitioners (hereinafter collectively “Petitioners”), is, and was at all relevant times pertinent to the acts and violations of law complained of in this Petition, a member in good standing of the Corporation, a citizen of the Commonwealth of Virginia, domiciled in and an actual, bona fide resident and taxpayer of Rappahannock County, Virginia. In addition, Petitioners Karen A. Williams (25 years of volunteer service to FHVFC), Michael R. Williams (23 years of volunteer service to FHVFC) are duly elected Officers and Directors of the Corporation. Petitioners Samuel G. Foreback (48 years of volunteer service to FHVFC), Sherry Hamill-Huff (43 years of volunteer service to FHVFC), Bruce D. Williams (26 years of volunteer service to FHVFC), Charles T. Baker and Patsy L. Baker (26 years of volunteer service to FHVFC each) are lifetime members. (8) _ Respondent Rappahannock County Board of Supervisors is the governing body of the County of Rappahannock in the Commonwealth of Virginia (hereinafter “the Board”), and a “public body” as defined in Virginia Code §2.2-3701 (9) Individual Respondents are the individuals who were purportedly “elected” and installed as new “directors” or “officers” of the Corporation by the Board’s January 2023 Resolution, September 2023 Resolution and January 2024 Resolution. Because the Board of Supervisors acted under color of Code § 27-13 which presumes that a “ ire company” is subordinate to the Governing Body, and the Individual Respondents were appointed by, and are therefore agents of the Board, all of the actions and failures to act of the Individual Respondents are attributable to the Board, (10) The Nominal Respondent, Flint Hill Volunteer Fire Company, is a corporate legal entity organized pursuant to the Virginia Non-Stock Corporation Act, Chapter 13 of Title 13 (currently Chapter 10 of Article 13.1 of the 1950 Code of Virginia) and existing since July 22, 1954. The Corporation is principally funded by public funds and is a “public body” as defined in Code § 2.2-3701 [“Definitions.”] as the term “principally funded” has been defined by the Virginia Freedom of Information Advisory Council and at least one FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 4 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC, (Fepruary 1,2024)Circuit Court decision that has considered that discreet legal issue. On information and belief, the Corporation receives approximately seventy-five percent (75%) of its annual operational funding from the County of Rappahannock Fire Levy fund established pursuant to Code § 27-23.1.3 As such, the Corporation is subject to the provisions of VFOIA, 2 “Public body” means any legislative body, authority, board, bureau, commission, district, or agency of the Commonwealth or of any political subdivision of the Commonwealth, including counties, cities, and towns, municipal councils, governing bodies of counties, schoo! boards, and planning commissions; governing boards of public institutions of higher education; and other organizations, corporations, or agencies in the Commonwealth supported wholly or principally by public funds. htips://law lis.virginia.gov/vacode/2.2-3701/ (emphasis added) See also, The Voice v. Appalachian Regional Community Services, Inc., 89 Va. Cir. 284 (Buchanan Cir. Ct. 2014) and FOI Counsel Advisory Opinion AO-05-17 (2017) in which the FOI Council opined, in pertinent part, as follows: “The definition of *public body” in § 2.2-3701 includes various government entities as well as ‘other organizations, corporations or agencies in the Commonwealth supported wholly or principally by public funds.” In construing what is meant by ‘supported...principally by public funds,’ this office has previously opined that an entity that was supported principally by public funds would receive its main source of money for its operating budget from government sources. Construing this in a liberal fashion, as directed by the policy of FOIA, this means something less than 100 percent, yet more than a simple majority of the money in the budget. As a general rule, one could construe that an entity that received at least two-thirds, or 66.6 percent, of its operating budget from government sources would be supported principally by public funds * * * Research did not reveal any controlling opinions from the Supreme Court of Virginia addressing these issues, but at least two cireuit court opinions have cited the two-thirds rule of thumb offered by this office. As expressed by the Circuit Court of Buchanan County, ‘whether an organization is “supported principally by public funds” depends on the total contribution from public funds as measured against the number and magnitude of individual private contributions.’ As stated previously, the two-thirds rule of thumb is merely a guideline, and that ultimately the question of whether an entity is supported principally by public funds is a question of fact that must be decided on a case-by-case basis. [Freedom of Information Advisory Opinion 36 (2001)] also postulated that if 55 percent of the budget came from public funds and 45 percent from another single source, then the public funds would not be the principal source. However, if the 45 percent came from a number of sources, each representing a relatively small fraction of the overall budget, then the 55 percent from public funds would be the princip: This principle was applied by the Circuit Court of Buchanan County when it found that an organization was a public body subject to FOIA because it received at least 54.94 percent of its funds from a county in the form of three checks, and the rest of its support came from ‘a number of smaller payments from a variety of private sources.” 3 [The] governing body shall also have authority to contract with, or secure the services of, any individual corporation, organization, or municipal corporation, or any volunteer firefighters for FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page $ PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)including the requirements as to notice of meetings (Code § 2.2-3707), open meetings (Code § 2.2-3711), and access to public records! (Code § 2.2-3704) BACKGROUND (11) The Nominal Respondent, Flint Hill Volunteer Fire Company, was formally organized on July 22, 1954 when the State Corporation Commission issued an Order (“Exhibit D”) admitting to record the Corporation’s Certificate of Incorporation, verified by the Presiding Judge of this Court at the time, Rayner V. Snead. As then provided by the Code of Virginia, the Corporation's Charter (Certificate of Incorporation and Order of the State Corporation Commission was subsequently admitted to record in this Court by James M. Settle, Clerk of the Circuit Court of Rappahannock County, all in conformity with Chapter 3 of Title 13 (now Chapter 8 of Article 13.1) of the 1950 Code of Virgi (12) Since 1954, the Corporation has provided firefighting services to the residents of Rappahannock County in and around the village of Flint Hill as provided in subsection (c) of its Certificate of Incorporation. At some point in time, the Corporation also began to provide emergency medical services, although such services were not authorized in its Certificate of Incorporation and the Certificate has not been amended. (13) The Corporation owns substantial assets including firefighting and emergency rescue vehicles and other firefighting and rescue apparatus and equipment the estimated such fire protection as may be required.” The Rappahannock County Board of Supervisors entered into a Fire Services Agreement with the Corporation (and other local, independent fire companies) in September 2019. “Public records’ means all writings and recordings that consist of letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business.” § 2.2-3701, (Effec September |, 2022) Definitions (virginia.gov) 5+§ 2.2.3704 A. Except as otherwise specifically provided by law, all public records shall be open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth during the regular office hours of the custodian of such records.” FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 6 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)replacement value of which exceeds two million dollars, bank accounts at Atlantic Union Bank and United Bank with an estimated value of several hundred thousand dollars, and valuable real estate on which the Firehouse is located, as well as a number of adjacent, unimproved lots all which were donated and conveyed to the Corporation. The approximate value of the Corporation’s real property is estimated to be in excess of one and a half mil ion dollars, (14) Subsection (d) of the Corporation’s Certificate of Incorporation (Exhi provides that: “The maximum number of directors who are to manage the affairs of the corporation shall be eight, and vacancies in such number are to be filled in the following manner, to-wit: By election upon the date specified in the by-laws by the members of the organization for the term of one year, vacancies in unexpired terms to be filled by the remaining directors.” (emphasis added) (15) Virginia Code 13.1-803 defines “Member” as “i a corporation in accordance with the provisi one having a membership interest in ons of its arti les of incorporation or bylaws. (16) The Corporation has Bylaws that were duly adopted as provided by law and which are hereunto attached as “Exhibit B” (hereinafter referred to as “the Bylaws”). Section 3.1 of the Bylaws provides that only “active Members in good standing may vote on Company Issues.” Further, Section 3.8 of the Bylaws provides as follows: All applicants shall be admitted to membership only by an affirmative vote, by secret ballot of a majority of the members in attendance at the meeting at which the application was acted upon. An applicant thus qualified shall then be declared to Active, Honorary, Junior, or Probationary membership in this Company. (17) Article V of the Bylaws provides that all officers and directors of the Corporation must be Active Members of the Corporation for at least one year prior to being elected as such. Except for Respondent O'Malley, none of the Individual Respondents purportedly appointed as new directors or officers have been members of the Corporation for one year prior to January 26, 2023. In fact, at the time of their “election” by the Board, Individual FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 7 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FeBRUARY 1,2024)Respondents Timothy F. Bills, Hugh F. Hill and Sean M. Knick were not members of the Corporation at all, Individual Respondent David E. Bailey is a probation member. (18) Article VI of the Corporation's Bylaws provides for election of Officers and Directors on an annual basis by the members of the Corporation. Nowhere in the Corporation’s organizational documents or Bylaws is any power or authority to nominate or to elect directors of the Corporation given to the Board of Supervisors of Rappahannock County or any other authority, person or legal entity other than the Active Members of the Corporation. None of the members of the Board of Supervisors of Rappahannock County are bona fide Members of the Corporation, active or otherwise. (19) As more fully detailed in the Petition in Case Ne CL23-00043, the Board called a Special Meeting on January 26, 2023 whereat it adopted a Resolution (Exhibit A) which stated that “notwithstanding the certificate of incorporation dated July 20, 1954 [sic] and such documents having been amendatory thereof, the Board of Supervisors acting as the local governing body of Rappahannock County find that it is in the best interest of the citizens of and visitors to Rappahannock County and specifically those in the Flint Hill village area that a new chief and new officers must be appointed to correct the enumerated deficiencies.” Basing its authority so to do on Virginia Code §27-13, the Board named the Individual Respondents and David Jarrell as new Directors of the Corporation. As alleged, supra., Individual Respondent Knick was appointed in September 2023 after David Jarrell resigned in August 2023 (Exhibit B). In the January 2024 Resolution, the Board reappointed the Individual Respondents as Directors of the Corporation, and Respondent Knick as “Director / Chief.” (Exhibit C). For the reasons hereinafter set forth, all these actions were ultra vires, unlawful, and should be declared null and void ab initio or nullified pursuant to Virginia Code §8.01-184, et seq. (20) This Petition also seeks enforcement of the Virginia Freedom of Information Act and injunctive relief as provided in Code § 2.2-3714 and Code § 8.01-620 et seq. to enjoin the Respondents from ongoing and future violations of VFOIA and corresponding violations of the the Bylaws of Flint Hill Volunteer Fire Company (hereinafter “FHVFC” FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 8 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (Fepruary 1,2024)or “the Corporation”) with respect to meetings among the Respondents as “Directors” of the Corporation and unlawful meetings of the Members. The multiple and repeated violations of VFOIA described infra. establish a course of conduct that is knowing and willful on the part of the Individual Respondents with the actual or constructive knowledge, consent and approval of the Board, and unless restrained by injunction, such conduct in violation of VFOIA is likely to be repeated. COUNT ONE: REQUEST FOR DECLARATORY JUDGMENT AND NULLIFICATION OF THE SEPTEMBER 2023 AND JANUARY 2024 RESOLUTIONS (21) All of the allegations of paragraphs (1) through (20) are incorporated herein by reference, as if repeated verbatim. (22) Petitioners repeat and reallege everything in their original Petition in Case No. CL23-00043, all which are incorporated by reference. (23) Petitioners submit that the Board’s September 2023 Resolution and January 2024 Resolution was illegal, unlawful, ultra vires, in violation of Dillon’s Rule, void ab initio and all should be either be vacated or nullified. (24) Consistent with Virginia Code § 13.1-860,° Article IX of the Bylaws of the Corporation [“Discipline”] provides that the Corporation shall have a “Grievance and Appeal Board” and that only upon recommendation of the Grievance and Appeal Board to the general membership, followed by a vote of two-thirds (2/3) majority of the Members, a member may be expelled as a Member. Section 9.12 of the Bylaws specially provides that Officers and Directors can only be removed based upon a recommendation of the Grievance and Appeal Board. © § 13.1-860. Removal of directors. A. The members may remove one or more directors with or without cause, unless the articles of incorporation provide that directors may be removed only with cause. (emphasis added) FOREBACK ETAL. VS. BOARD OF SUPERVISORS, ET AL. page 9 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)(25) Prior to adoption of the January 2023, September 2023 and/or January 2024 Resolutions by the Board, no charges or grievances were lodged, filed or adjudicated against any of Petitioners or any other officer. director or member of the Corporation. (26) All of the Board’s illegal actions relative to the removal and replacement of the September 11, 2023 and January 3, 2024 were predicated on Virginia Code §27-13 which provides as follows: Officers and Directors of the Corporation on January 26, 202: § 27-13. Appointment of chief and other officers. In every county, city, or town in which a fire company is established, there shall be appointed, at such time and in such manner as the governing body of such county, city, or town may prescribe, a chief and as many other officers as such governing body may direct. (emphasis added) (27) Among the other reasons set forth in this Petition, the January 2023 Resolution, September 2023 Resolution and January 2024 Resolution were each unlawful because the Corporation is not a “fire company” as defined in Title 27, Chapter 2 of the 1950 Code of Virginia under which the Board purported to act. More specifically, Code § 27-6.01 defines “fire company” for purposes of this Chapter of the Code as follows: § 27-6.01. Definitions, For the purposes of this chapter, unless the context requires a different meaning: "Fire company" means a volunteer firefighting organization organized pursuant to § 27-8 in any county, city, or town of the Commonwealth for the purpose of fighting fires, (emphasis added) (28) Ashereinabove alleged, and as shown in Exhibit D, the Corporation is not a “volunteer firefighting organization organized pursuant to [Virginia Code] § 27-8.” On the contrary, the Corporation is a nonstock CORPORATION organized pursuant to Title 13 of the Code of FOREBACK ET AL. VS, BOARD OF SUPERVISORS, ET AL. page 10 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)Virginia. Code § 27-87 applies only to an unincorporated “firefighting organization” that was organized pursuant to Chapter 7, Title 27 of the Code. See, e.g., Code § 27-9 (29) Inaddition, in July 1954 when the Corporation was organized, Code § 27-8 applied only to a “fire company” located within a City or Town of the Commonwealth. [“Title 27, “Fire Departments and Fire Companies, Article 1, Jn Cities and Towns and Certain Counties.""]. In 1954, a “fire company” located in the unincorporated portion of the various counties in the Commonwealth was governed by Code § 27-24, not Code § 27-8. [See, Code of Virginia of 1950, 1954 Amendments: Title 27, “Fire Departments and Fire Companies, Article 2, In Counties Generally.”| Hence, there is no way that the Corporation could have bee! “organized pursuant to Code 27-8” per Code § 27-6.01 (30) It is also clear from reading Article I and Article II of Title 27 as in effect in 1954 that “fire companies” were subordinate to the City, Town or County Fire Department. The 1954 version of Code § 27-6, for example, provided that, the locality’s “fire department” consisted of, inter alia, the “commanders of fire companies.” Code § 27-10 provided that fire companies “belonged” to the local fire department, which, in turn, had authority to dissolve a fire company. But Rappahannock County, in fact, never had any County Fire Department until a Resolution purportedly creating one was adopted by the Board in September 2021, See Exhibit F. 7 § 27-8. Who may form a fire company Any number of persons, not less than 20, may form themselves into a company for extinguishing fires. In any county in which two or more companies for extinguishing fires join together and singly use one fire station, the number of persons in the combined companies shall be not less than. 20. (emphasis added) it on number of persons in combined companies. § 27-9. Organization of fire company. A writing stating the formation of a fire company, with the names of the members thereof thereto subscribed, shall be recorded in the court of the city or the court of the county wherein such fire company is located, after which the members of the fire company may make regulations for effecting its objects consistent with the laws of the Commonwealth, the ordinances of the county, city, or town and the bylaws of the fire department thereof, The principal officer of such fire company shall be known as "the chief.” FOREBACK ET AL. VS, BOARD OF SUPERVISORS, ET AL. page [1 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (Fepruary 1,2024)(31) NOWHERE in any contemporaneous organizational document of Flint Hill Volunteer Fire Company (“FHVFC”) is there any reference whatsoever to Title 27 of the Code, The Certificate of Incorporation, Charter, Bylaws, and myriad other documents including minutes, deeds and SCC filings all refer to FHVFC as “a corporation” or “the corporation” organized pursuant to Title 13, Chapter 13 of the 1950 Code of Virginia. (32) As shown on the face of Exhibit D, when the Corporation was formed and filed its Certificate of Incorporati Foster, Frank H. Cary, John R. Moore, Jr., Herbert S, Barksdale, David P. Corbin, and John in 1954, there were only six (6) organizers, namely Herbert S$. Browning, not twenty (20) as required by Code § 27-8 or Code § 27-24, and neither was any writing “stating the formation of a fire company” recorded in the Clerk’s Office of this Court as required for “organization of a fire company” by Code § 27-9. On the contrary, the organizers filed a writing with the State Corporation Commission stating that “we do hereby associate ourselves to establish a corporation . . . under and by virtue of Title 13, Chapter 13 of the 1950 Code of Virginia.” (emphasis added). (33) Nothing in Virginia Code § 27-13 authorizes the Governing Body to remove existing officers and directors from their positions as such. Any such provision would be in conflict with Virginia Code § 13.1-860 (see fh, supra.) which vests this authority exclusively in the members. Likewise, Article IX of the Bylaws of the Corporation vests removal or expulsion authority exclusively in the Members, and requires a two-thirds Cis) vote, (34) Nor does anything in Code § 27-13 authorize the Governing Body to nominate or elect officers and directors of a fire company, even assuming arguendo, that the Corporation was one. Instead, Virginia Code § 27-13 authorizes Governing Body only to establish procedures, (i.e., “the time and . .. manner”) in which the chief and other officers shall be appointed. The Board went far beyond that in its January 26" Resolution ~ it actually selected the replacement officers and directors in total disregard of Code 13.1-862 which gives this power to the Members of the Corporation, not to the Board of FFOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 12 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1,2024)Supervisors.’ The Bylaws of the Corporation provide like e. (35) As hereinabove set forth, the power to elect members of the Corporation, the power to elect members of the Board of Directors and the power to elect Officers, including the Chief, is vested exclusively in the Active Members of the Corporation by its Bylaws, which is consistent with Title 13.1, Chapter 8 of the Code of Virgin (36) _Ashereinabove set forth, under the duly adopted Bylaws of the Corporation, in order to be a member of the Board of Directors, or officer (including Chief) of the Corporation, a person must be a voting member of the Corporation for at least one year. The Board had no authority to, in effect, suspend the Corporation’s Bylaws and appoint Directors or Officers who did not meet these qualifications. (37) For all the foregoing reasons, Petitioners request declaratory judgement that the January 2023, September 2023, and January 2024 Resolutions of the Board were ultra vires, unlawful, and void ab initio in that the Board had no power or authority, express or implied, either to remove the sitting Officers and Directors of the Corporation, or to select their replacements, or to make appointments in the event of a resignation, or otherwise to take action in violation of Title 13.1 of the Code, the Corporation’s Certificate of Incorporation, or its duly adopted Bylaws. They further request injunctive relief to prevent the Board of Supervisors from exercising such “authority” in the future. (38) In addition, Petitioners, who are bona fide members, officers and directors of the Corporation who are aggrieved by the action of the Board in removing the duly elected officers and directors of the Corporation and by the election of new directors all but one of 9 § 13.1-862. Vacancy on board of directors. A. Unless the articles of incorporation provide otherwise, if a vacancy occurs on the board of directors, including a vacancy resulting from an increase in the number of directors: 1. The members may fill the vacancy; 2. The board of directors may fill the vacancy; or 3. If the directors remaining in office constitute fewer than a quorum of the board, they may fill the vacaney by the affirmative vote of a majority of the directors remaining in office. (emphasis added) FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 13 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)whom were not qualified to serve as such pursuant to the Bylaws, hereby apply to this Honorable Court in accordance with Virginia Code §13.1-861' for a review of the purported “election” of the Individual Respondents as officers and directors of the Corporation by virtue of the January 2023, September 2023 and January 2024 Resolutions. (39) As required by Virginia Code § 13.1-861, Petitioners have given notice to cach of the Individual Respondents of their intent to contest their election as Officers and Directors of the Corporation, (40) _ Petitioners request the Court to consider this matter in a summary fashion and during, the pendency of this proceeding to enjoin the Individual Respondents from transferring any funds or property of the Corporation or doing any other act with respect to the Corporation, its Members, its real or personal property, its bank accounts or anything else without prior Order of this Court after due notice to Petitioners and a hearing and to grant such other equitable relief as may be required to protect the Corporation and its true officers and directors and the members, including issuance of a permanent injunction requiring the Individual Respondents to do whatever is required to restore the situation to the status quo ante -- prior to the adoption of the January 26" Resolution, ‘THIS SPACE LEFT BLANK INTENTIONALLY § 13.1-861. Judicial review of elections. Any member or director aggrieved by an election of directors may, after reasonable notice to the corporation and each director whose election is contested, apply for relief to the circuit court in the county or city in which the principal office of the corporation is located, or, if none in the Commonwealth, in the county or city in which its registered office is located. The court shall proceed forthwith in a summary way to heat and decide the issues and thereupon to determine the persons elected or order a new election or grant such other relief as may be equitable, Pending decision, the court may require the production of any information and may by order restrain any person from exercising the powers of a director if such relief is equitable. (emphasis added) -FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 14 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (Fepruary 1,2024)COUNT TW REQUEST FOR ENFORCEMENT OF CORPORATE BYLAWS (41) All of the allegations of paragraphs (1) through (40) are incorporated herein by reference, as if repeated verbatim. (42) On information and belief, since the January 2023 Resolution was unlawfully adopted by the Board, the Individual Respondents have had numerous meetings amongst. themselves to discuss and transact business of the corporation in their de facto capacity as “Directors,” including but not limited to: a. One or more meetings amongst themselves and/or with attorney Whitson W. Robinson to consult with him or discuss the terms and conditions of his representation of the Nominal Defendant in CL23-000043, to discuss that pending proceeding, to receive updates, and to authorize Robinson to act on their behalf. Even if such meetings were the proper subject of a closed meeting, the Individual Respondents failed to vote in open meetings to go into closed session via a motion made at a properly noticed, open meeting specifying a lawful basis for a closed meeting as required by the Bylaws and Code § 2.2-3711 and Code §2.2-3712. b. At one such meeting, the exact date of which is unknown, the Individual Respondents apparently elected Respondent David Bailey as “President” despite the express provisions of Article VI, Section 6.6 of the Bylaws which gives authority to the members to fill vacancies in the officers ~ not to the Directors. c. The Individual Respondents have had numerous other Board of Director meetings since January 26" without giving proper notice to the members or permitting the members to attend and observe their proceedings in violation of Code §13.1-866 and the Bylaws, Section 5.8, subsection (b) and (e), and Section 5.10(b). Individual Respondents have not complied with these requirements with respect to any of the Board of Directors meetings since January 26, 2023. Petitioners, all of whom are members of FHVEC, have not received any written FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 15 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)notices of any meetings of the Board of Directors or Meetings of the Members since January 26, 2023 as provided in the Bylaws, d. The Individual Respondents held one or more meetings to discuss a request from Petitioners to provide a list of eligible members who may vote at a membership meeting as required by Code §13.1-843. (43) Since January 26, 2023, Indi idual Respondents have failed in their obligation under the Corporation’s duly adopted “to ensure that the Company carry out and enforce these bylaws and to “abide by the rules, regulations, SOP’s and bylaws of the Company . . ..” and “conform to all requirements of the Bylaws, Rules and Regulations, and Standard Operating Procedures (SOP’s). ...”"" (44) Among the Standard Operating Procedures (“SOPs”) thus incorporated by reference into the Bylaws (making it a violation of the Bylaws to violate an SOP) are the following: a. SOP 04-04 (FH2-0404) , which provides as follows: i. (IID(A) “(4) To drive the apparatus you must know how to operate the pump, and know the location and operation of all portable equipment located on the unit.” b. SOP 04-16 (FH2-0416), which provides as follows: i. “A. Whenever possible, an ambulance crew shall consist of 3 people. ii, (“B. The ambulance must not leave the station with less than 2 people, fan] EVOC and a certified CMT or higher, unless advised that a certified EMT or higher will be on the scene.” (45) With the full knowledge of the other Individual Respondents, Respondents Jarrell ™ Bylaws, Section 6.4 at page 16. " See also, 12VACS-31-1230. Ground ambulance staffing requirements. A ground ambulance transport requires a minimum of two persons: 1. An operator shall at a minimum possess a valid motor vehicle operator's permit issued by Virginia or another state and have successfully completed an approved Emergency Vehicle Operator's Course (EVOC) training course or an equivalent. 2. An attendant-in-charge who must meet the requirements listed for the type of transport to be performed. FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 16 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)and Bills have repeatedly violated SOP 04-04 and SOP 04-16 and 12VACS5-31-1230 on fire and rescue calls as detailed in Exhibit G. The Individual Respondents have failed to take any action to enforce the Bylaws that incorporate by reference FHVFC’s SOPs. (46) On information and belief, the Board and the Individual Respondents are permitting these violations to occur as a matter of policy designed to make themselves “look good” and as part of an improper, ongoing public relations campaign to engender support for them in the ongoing proceeding in CL23-000043 by taking advantage of the general public's lack of knowledge that the majority of the Fire and Emergency calls for which Individual Respondents are claiming “timely responses” are actually not responses at all, because showing up at the scene of a fire or EMS call without the proper personnel (such as a qualified pump operator or an EMT) is meaningless and basically just gets in the way of the other First Responders and is a nuisance ~ not a benefit — to the public. (47) In addition, Individual Respondents, with the actual or constructive knowledge, approval and consent of the Board of Supervisors, have called and conducted numerous membership meetings including without limitation on July 5, 2023, August 22, 2023, September 6, 2023, October 2, 2023, November 8, 2023, December 6, 2023, and January 3, 2024. None of these “membership meetings” were properly noticed as provided in Section 4.4 of the Bylaws (Exhibit E at page 7) or as required by VFOIA. Among other unlawful actions, the Individual Respondents purportedly have admitted new members in ‘egard for applicable provisions of the Bylaws, and permitted “new members” to vote immediately on Corporate matters in violation of Bylaws provisions that new members cannot vote until after completing their “probationary” period of six (6) months. (48) Individual Respondents, in violation of their fiduciary duties to the Corporation, also permitted unlawfully elected “new members” to vote on various matters, approval payments to Whitson R. Robinson of Warrenton, Virginia for legal services rendered in CL23-00043 and Record Ne 1585-23-4 to the Individual Respondents (excluding Knick) and resigned “Chief” Jarrell contrary to Whitson’s representations to this Court, to the press and on social media that his services were being rendered “pro bono publico.” FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 17 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1,2024)COUNT THREE: REQUEST FOR ENFORCEME! OF VFO! (49) All of the allegations of paragraphs (1) through (48) are incorporated herein by reference, as if repeated verbatim. (50) Each and every meeting since January 26, 2023 of three or more of the Individual Respondents at which FHVFC corporate business was discussed or transacted (including electronic meetings) was unlawful to the extent that the Court finds the Corporation is a “public body” subject to VFOIA as requested herein. (51) Each and every action, decision or resolution of the Individual Respondent: cting as the Board of Directors of the Corporation under color of the January 2023 Resolution, September 2023 and January 2024 Resolution is a nullity and void ab initio to the extent such actions, decisions or resolutions were not taken or voted upon at a duly noticed open meeting as required by VFOIA." (52) Each and every action, decision or resolution of the Members acting at any Membership Meetings of the Corporation under color of the January 2023 Resolution and January 2024 Resolution is a nullity and void ab initio to the extent such actions, decisions or resolutions were not taken or voted upon at a duly noticed open meeting as required by VFOIA. None were noticed as provided in Section 4.4 of the Bylaws (at page 7) or as required by Code § 2.2-3707. '8 See, Code §2.2-3710(A) which provides: §2.2-3710. Transaction of public business other than by votes at meetings prohibited. A. Unless otherwise specifically provided by law, no vote of any kind of the membership, or any part thereof, of any public body shall be taken to authorize the transaction of any public business, other than a vote taken at a meeting con in ince with the provisions ofthis chapter. No public body shall vote by secret or written ballot, and unless expressly provided by this chapter, no public body shall vote by telephone or other electronic communication means. hitps/law lis virginia gov/vacodeltitle2.2/chapter3 7/section2.2-3710/ (emphasis added), See also Op. Atty. Gen. Va. No. 08-112 (2009) (concluding that a city council's vote to appoint a school board member was “null and void” because of insufficient notice of the meeting at which the vote was taken). .FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 18 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)(53) On information and belief, Petitioners allege that at or very shortly after the January 26" Resolution was adopted, the County Administrator, Garrey W. Curry put the Individual Respondents (and then Acting Chief Jarrell) on notice that because FHVFC was as defined in Code § 2.2-3701. principally funded by public funds” it was a “public body (54) On or about April 1, 2023, Petitioners, by counsel, put the Individual Respondents on notice that FHVFC was a “public body” as defined in VFOIA and that their ongoing course of conduct with respect to Board of Directors meetings was in violation of VFOIA, specifically Virginia Code §2.2-3707 and Code §2.2-3711 and §2.2-3712. See, Exhibit H. Petitioners and their undersigned counsel, requested written or electronic notice of future meetings in accordance with Code §2.2-3707. None were received by Counsel or by Petitioners on or after April 1, 2023, in written, physical form, or electronically. (55) In addition, on April 1, 2023, pursuant to Code § 2.2-3704, Petitioners by counsel requested non-exempt public records relating to the conduct of the Corporation’s business and affairs since January 26, 2023, including, inter alia, copies of all notices relating to any Board of Directors meetings in which three or more of Individual Respondents participated, copies of the minutes of any such meetings, and any resolutions adopted by the Board of Directors since January 26, 2023. Individual Respondents (excluding Respondent Knick) ignored Petitioners’ April 1, 2023 request, did not request an extension of time, and failed to provide any response whatsoever as required by Code §2.2-3704(B). ‘4B, Any public body that is subject to this chapter and that is the custodian of the requested records shall promptly, but in all cases within five working days of receiving a request, provide the requested records to the requester or make one of the following responses in writing: |. The requested records are being entirely withheld. Such response shall identify with reasonable particularity the volume and subject matter of withheld records, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records. 2. The requested records are being provided in part and are being withheld in part. Such response shall identify with reasonable particularity the subject matter of withheld portions, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records. FOREBACK ETAL. VS. BOARD OF SUPERVISORS, ET AL- page 19 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (Fepruary 1,2024)Such failure to respond constitutes a knowing and willful VFOIA violation under Code §2.2-3713(A). (56) On or about May 22, 2023, the then de facto acting Chief (Jarrell) and Respondent Bailey, (“Acting Pres.”) without just cause or reason, issued a “no trespass” notice pursuant to Virginia Code §18.2-119 against the undersigned, counsel for Petitioners, that he was barred from coming upon the premises of the Corporation, or attending meetings that are supposed to be open to the public, Individual Respondents have interfered with Petitioners” right to be represented by Counsel, and violated VFOIA by improperly preventing a member of the public to attend a public meeting. See, Exhibit I. (57) _ Petitioners request the Court to enjoin the Individual Respondents from holding any future meetings of the Board of Directors or Members of the Corporation or amongst themselves and to discuss or transact any business of FHVFC without first complying with the notice requirements of Virginia Code §2.2-3707 and to order that all such meetings be open to the public and to Petitioners and all other Members of the Corporation unless lawfully closed in accordance with Virginia Code §2.2-3711 and Virginia Code §2.2-3712, and grant such other equitable relief as may be required to uphold VFOIA provisions. (58) Petitioners also request a writ of mandamus or positive injunction ordering and directing Individual Respondents to deliver to Petitioners all public records they requested on April 1, 2023 forthwith and without delay. (59) To the extent Individual Respondents are found by the Court to have violated VFOIA by either (a) failing to respond to Petitioners’ request for documents that are public 3. The requested records could not be found or do not exist. However, if the public body that received the request knows that another public body has the requested records, the response shall include contact information for the other public body 4, It is not practically possible to provide the requested records or to determine whether they are available within the five-work-day period. Such response shall specify the conditions that make a response impossible. If the response is made within five working days, the public body shall have an additional seven work days or, in the case of a request for criminal investigative files pursuant to § 2.2-3706.1, 60 work days in which to provide one of the four preceding responses.” (emphasis added) FOREBACK ETAL. VS, BOARD OF SUPERVISORS, ET AL. page 20 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)records as required by Code §2.2-3704, and/or (b) failing to comply with the the notice requirements of VFOIA Code §2.2-3707, and/or (c) conducting one or more closed meetings without compliance with Code §2.2-3711 and Code §2.2-3712, and/or (4) failing to take proper minutes of such meetings as required by Code §2.2-3707(H), Petitioners request that the Court impose a civil penalty against each of the Individual Respondents in an amount not less than $500 nor more than $2,000 for the first violation, and not less than $2,000 nor more than $5,000 for each of the subsequent viol: . Petitioners submit that such violations were knowingly and willfully committed by the Individual Respondents, especially those that occurred after the County Administrator notified the Individual Respondents that FHVFC was considered “a public body” and/or subsequent to April 1, 2023 when Petitioners did so, by counsel. (60) Petitioners respectfully suggest to the Court that imposition of any civil penalty on the Corporation itself would be inappropriate here in light of the fact that the “(s)election™ of Individual Respondents as Directors of FHVFC is under challenge in CL23-00043 (see fn! supra.) and although acting as de facto directors by virtue of the January 2023 Resolution, the September 2023 Resolution (as to Respondent Knick) and the January 2024 Resolution, Petitioners contend that none of them are lawfully acting in such capacity. (61) Petitioners request that they be awarded their costs and attorneys fees expended in this behalf as provided by Code §2.2-3713(D) to be paid by the Individual Respondents. WHEREFORE, Petitioners respectfully request that the Court grant the following relief: A. Grant declaratory judgement that the Corporation is not subject to the provisions of Title 27 of the Code of Virginia, and that the Board of Supervisor’s January 2023 Resolution, its September 2023 Resolution and its January 2024 Resolution was each in violation of law, and null and void ab initio, B. Review and nullify the purported removal of the duly elected Officers and Directors of the Corporation and the purported “election” of the Individual Respondents as Officers and Directors of the Corporation pursuant to Virginia Code 13.1-861; FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 21 PETITION FOR DECLARATORY JI JENT, ENFORCEMENT OF VFOIA & ETC. (Fepruary 1, 2024)C. Reinstate Petitioners to their positions as Officers and Directors prior to adoption of the January 2023 Resolution, D. Grant a temporary injunction pendente lite and issue permanent injunctive relief barring the Individual Respondents and the Board of Supervisors from exercising any dominion or control over the Corporation, its real or personal property or other assets, and, if necessary, appointing a receiver pendente lite to administer the Corporation and its property and affairs until such time as the Court reviews this case and makes a final determination as to the issues raised in this Petition. = Grant declaratory judgement that so long as the Individual Respondents are acting as de facto Directors of FHVEC, they are bound by the Corporation's Bylaws, including without limitation, providing advance notice to all members of their meetings as set forth in Code §13.1-842 and the Bylaws, providing a list of eligible voting members before each meeting as provided in Code §13.1-845, allowing all members of the Corporation access to all of their meetings, and making the minutes of all meetings available to Petitioners and other members; F. Find and determine that the Individual Respondents. have acted in violation of the FHVFC Bylaws since January 26, 2023, and that they are subject to removal by the Members as provided in said Bylaws and Code §13.1-860 and replacement as provided in said Bylaws and Code §13.1-862, notwithstanding any provision of the January 2023 Resolution or January 2024 Resolution; G. Find and determine that Flint Hill Volunteer Fire Company is a “public body” that is subject to VFOIA; H, Issue a temporary and permanent injunction against the Individual Respondents barring them from holding any meetings without complying the notice provisions in the Bylaws as well as Virginia Code § 2.2-3707(C) or taking any decisions without voting in an open meeting and without taking minutes as required by the Bylaws and Code § 2.2-3707(H); 1. Nullify any actions taken by Individual Respondents or the Members of the Corporation since January 26, 2023 acting as the Board of Directors of the Corporation at any meeting(s) or other than at an open meeting not held in conformity with VFOIA pursuant to Code § 2.2-3710(A); J. Impose civil penalties against Individual Respondents as provided in Virginia Code §2.2-3714; FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 22 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FeBRUARY 1, 2024)K. Award Petitioners their costs in this behalf expended and attorney’s fees as provided in Virginia Code § 2.2-3713(D) against Individual Respondents; and L. Grant unto Pet joners all such other and further judicial relief as to which they may be entitled and the nature of their cause may require to achieve the ends of justice. Respectfully submitted this 1* day of February, 2024. Aoswl H $ole—~ SAMUEL G. FOREBACK ICHAEL R. WILLIAMS BRUCE D. WILLIAMS (ede A se Bere CHARLES T. Got \j Vonma Se 1 2 NorMa J. SETTLE P.O. Box $7 Washington, Virginia 22747-0057 Phone 540-937-5067 Counsel for Petitioners EXHierrs Exhibit A: January 26, 2023 Resolution of the Board of Supervisors Exhibit B: September 11, 2023 Resolution of the Board of Supervisors Exhibit C: January 3, 2024 Resolution of the Board of Supervisors Exhibit D: Articles of Incorporation of FHVFC Exhibit E: Bylaws of FHVFC Exhibit F: September 2021 Resolution Creating Rappahannock Co. Fire Department Exhibit G: List of Bylaws Infractions during 202 Exhibit H: April 1, 2023 letter from Counsel to Individual Respondents c/o Robinson Exhibit I; No Trespass Notice, May 22, 2023 FOREBACK ETAL. VS, BOARD OF SUPERVISORS, ET AL. page 23 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (Fesruary 1,2024)AFFIDAVIT AND VERIFICATION OF PETITION FOR ENFORCEMENT OF VIRGINIA FREEDOM OF INFORMATION ACT AND OTHER INJUNCTIVE RELIEF Commonwealth of Virginia) a County of Rappahannock) THIS DAY personally appeared before me. the undersigned Notary Public, SAMUEL G. FOREBACK, who, upon being duly swom by me, stated under oath that all of the allegations in the attached PETITION FOR ENFORCEMENT OF VFOIA AND OTHER RELIEF are true and correct to the best of his knowledge and belief, except to the extent therein stated to be on information, and to the extent stated to be on information, he believes them to be true, Thereupon he duly executed this affidavit and acknowledged his signature thereon this_/ = day of February 2023 before me in my j Paden YO \ {SEAL} NOTARY PUBLIC WELISSA D PATTERSON NOTARY PUBLIC COMMONWEALTH OF VIRGINA My commission expires: 05 [ZO120US" woe easioes ae Notary Commission No. “103213 FOREBACK ET AL. VS. BOARD OF SUPERVISORS, ET AL. page 24 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FEBRUARY 1, 2024)AFFIDAVIT AND VERIFICATION OF PETITION FOR ENFORCEMENT OF VIRGINIA. FREEDOM OF INFORMATION ACT AND OTHER INJUNCTIVE RELIEF Commonwealth of Virginia) ) ss: County of Rappehannoek — ) Waren THIS DAY personally appeared before me, the undersigned Notary Public, KAREN A. WILLIAMS, who, upon being duly swom by me, stated under oath that all of the allegations in the attached PETITION FOR ENFORCEMENT OF VFOIA AND OTHER RELIEF are true and correct to the best of her knowledge and belief, except to the extent therein stated to be on information, and to the extent stated to be on information, she believes them to be true. Thereupon she duly executed this affi and acknowledged her signature thereon this )* day of February 2024 before me in my jurisdiction aforesaid wy {SEAL} NOTARY PUBLIC My commission expires; (23!) SyyVy Notary Commission No. FOREBACK ET AL. VS, BOARD OF SUPERVISORS, ET AL. page 25 PETITION FOR DECLARATORY JUDGEMENT, ENFORCEMENT OF VFOIA & ETC. (FepRuary 1, 2024)Exhibit A: January 26, 2023 Resolution of the Board of SupervisorsRESOLUTION BY THE BOARD OF SUPERVISORS OF RAPPAHANNOCK COUNTY, VIRGINIA, APPOINTING THE CHIEF AND OTHER OFFICERS OF THE FLINT HILL VOLUNTEER FIRE COMPANY, INC. PURSUANT TO VIRGINIA CODE § 27-13 WHEREAS the Flint Hill Volunteer Fire Company, Inc. (hereinafter referred to as “FHVFC”) ‘was founded in 1954 to provide firefighting services to Flint Hill and the surrounding area; and, WHEREAS the FHVFC has a storied history of providing firefighting services to the community; and, WHEREAS the national and local trends acting to reduce the availability of volunteers to serve local volunteer fire and rescue companies has hampered the operations of FHVFC to a severe degree over the last several years; and, WHEREAS frequent turnover of leadership and membership has led to a lessened degree of administrational and operational capability; and, WHEREAS the County of Rappahannock has entered the Fire and Rescue/EMS Services Agreement (Services Agreement) with multiple volunteer fire and rescue companies located within the county to include FHVFC; and, WHEREAS the Services Agreement includes a listing of the obligations of the County, of the ‘Volunteer Fire and Rescue Association, and of the individual Companies; and, WHEREAS the Rappahannock County Public Safety Committee performed a review of FHVFC Service Agreement obligations. The committee found that FHVFC failed to meet many of the listed obligations including call response requirements and maintaining good financial practices; and, WHEREAS the auditor hired by the County issued a finding that there exist material weaknesses in each of the four most recent FHVFC audits; and, WHEREAS the Virginia State Police are currently investigating financial management concems raised as a result of questionable requests for county funds; and, WHEREAS the FHVFC call response rate has failed to meet the county-wide response time objectives of responding within eight minutes and being on scene within twenty-five minutes 90% of the time, causing the County to place FHVFC on dual dispatch requiring a second volunteer ‘company to be alerted for all calls in the FHVFC first due area; and, WHEREAS FHVFC was a licensed EMS agency providing basic life support services through two ambulances, but in February 2022 was forced to cease EMS services due to failed state inspections, and then subsequently failed to be recertified by the Virginia Office of EMS causing their EMS license to expire on April 1, 2022; and, Page 1 of 4 Exhibit A: January 26, 2023 Resolution of the Board of SupervisorsWHEREAS the audit findings, the questionable requests for public funds, the call response rates, and the loss of an EMS license has caused doubt in the community that FHVFC leadership is capable of effectively delivering services to the community; and, WHEREAS the most recently reported membership of FHVFC totaled fewer than twenty effective members together with the other listed deficiencies is deemed sufficient cause for the Board of Supervisors to dissolve the FHVFC pursuant to Virginia Code § 27-10; however, WHEREAS the County believes it is in the best interest of the citizens of and visitors to Rappahannock County, and specifically those in the Flint Hill village area, that FHVEC remain active and not be dissolved; and, WHEREAS Virginia Code § 27-13 empowers the Board of Supervisors to control the time and manner of appointment of the chief and other officers of FHVFC; and, WHEREAS notwithstanding the certificate of incorporation dated July 20, 1954 and such documents having been amendatory thereof, the Board of Supervisors acting as the local governing body of Rappahannock County find that itis in the best interest of the citizens of and visitors to Rappahannock County and specifically those in the Flint Hill village area that a new chief and new officers must be appointed to correct the enumerated deficiencies. NOW, THEREFORE, BE IT RESOLVED that the Rappahannock County Board of Supervisors hereby invokes the authority granted to it pursuant to Virginia Code § 27-13. All officers currently serving FHVFC are hereby removed from office, and the following individuals are appointed as the new officers to replace those removed by virtue hereof who shall be seated immediately: Chief/Board of Director 1: David Jarrell Board of Director 2: Dave Bailey Board of Director 3: Tim Bills Board of Director 4: Patrick O'Malley Board of Director 5: Dr. Hugh Hill BE IT FURTHER RESOLVED that the outgoing officers shall tum over to the Chief appointed hereby all keys and access codes to the fire station located at 945 Fodderstack Road, Flint Hill, Virginia and to all equipment and apparatus belonging to FHVFC and shall not remove or cause to be removed any equipment or property stored in or on the premises; and, BE IT FURTHER RESOLVED that the outgoing officers shall turn over to the Chief appointed hereby all credit cards, checks, financial account access information such as usernames and passwords, and other means through which FHVEC funds can be committed and spent; and, BE IT FURTHER RESOLVED that the initial term of service for the appointed officers shall be one-year. Appointment due to a resignation before the end of the initial term or reappointment at the end of the initial term shall be made by the Board of Supervisors until such a time that the Board may direct otherwise; and, Page 2 of 4BE IT FURTHER RESOLVED that the period during which Board of Supervisors appointed officers are seated, the membership of FHVEC shall have no power to replace the seated officers until such a time that the Board may direct otherwise; and, BE IT FURTHER RESOLVED that current members of FHVFC are encouraged to remain members of the company to serve the community in support of the enhanced leadership appointed hereby; and, BE IT YET FURTHER RESOLVED that administrative and operational oversight and management of FHVFC shall be vested with the officers/Board of Directors appointed hereby who will not be subjected to unreasonable interference by the Board of Supervisors, but who shall act in conformance with the following conditions: 1. FHVFC shall develop, and submit to the Board of Supervisors within 60 days for review and request for revision or acceptance, a revitalization plan, which shall include: @. Organizational structure including both administrative and operational appointments made by the officers/Board of Directors appointed hereby. b. Uniform operational rank structure with documented chain of command including defined roles and responsibilities of operational member assignments. ©. Minimum required training/certification status for operational assignments and ‘minimum training/certification prerequisites for FHVFC member use of apparatus. 4. An analysis of the compliance of current FHVFC bylaws and policies/procedures with Virginia Code, Title 27, Chapter 2, and the Services Agreement, and a plan to amend the bylaws and policies/procedures to comply. ¢. An analysis of current occupational safety compliance (such as SCBA fit testing), and a plan to put in place policies to remedy revealed compliance deficiencies. £. A financial management plan incorporating best practices in the following areas: receipt of funds, disbursement of funds, account reconciliation, credit usage (cards and other forms of credit), procurement, fixed asset tracking, financial reporting, and processes to ensure the release of county payments as authorized by the Fire Levy Board. & Ananalysis of the FHVFC membership’s ability to provide fire and rescue services using only volunteer firefighters. If a need for paid firefighters is identified, then the plan shall include requests for county funding to support the paid firefighters as part of a combined system, and include an estimate of the timeline for the use of the paid firefighters. h. A plan to restore EMS service using the ambulances housed in the station. The plan shall: i. Identify the need to use Rappahannock County’s EMS license. The County Board of Supervisors will not unreasonably withhold the use of said license. ii, Identify the need to supplement FHVFC volunteer staffing with paid providers and how these providers will be funded. iii, Identify the reasons for reestablishing FHVFC as an EMS agency pursuant to and in accordance with § 32.1-111. Page 3 of 4iv. Include a timeline of actions necessary to provide EMS service both in the short term and long term i. FHVFC Board of Directors appointed hereby shall be responsible for the implementation of the plan. Nothing herein shall prohibit FHVFC from amending the plan, and submitting an amended plan to the Board of Supervisors for consideration. 2. If the Board of Supervisors accepts a proposal to have Rappahannock County Fire and Rescue Department (RCFRD) personnel assigned to the Flint Hill station, the implementation of a combination operation shall be memorialized in a separate ‘memorandum of agreement between FHVFC and the Rappahannock County Board of ‘Supervisors. 3. FHVEC shall provide the Board of Supervisors with an in-person update at each regularly scheduled Board of Supervisors meeting until such a time that the Board may direct otherwise. eee Record of the roll-call vote on a motion to approve the foregoing resolution, said vote taken by the Board of Supervisors of Rappahannock County, Virginia, at its special called public meeting held at the Rappahannock County Courthouse, 250 Gay Street, Town of Washington, Rappahannock County, Virginia, on January 26, 2023: ABSENT/ MOTION SECOND __ABSTAIN AYE Nay Debbie P. Donchey Keir A. Whitson vo 7 Van C. Carney vo Ronald L. Frazier Vv (Christine Smith v4 | certify the foregoing accurately reflects the actions of the Rappahannock County Board of Supervisors taken at the time and place stated above. ea 2 SF \on hug Debbie P. Donehey Chair, Board of Supervisors Page 4 of 4Exhibit B: September 11, 2023 Resolution of the Board of SupervisorsRESOLUTION BY THE BOARD OF SUPERVISORS OF RAPPAHANNOCK COUNTY, VIRGINIA, UPDATING THE FLINT HILL VOLUNTEER FIRE COMPANY, INC. CHIEF/BOARD OF DIRECTOR 1 APPOINTMENT MADE ON JANUARY 26, 2023 PURSUANT TO VIRGINIA CODE § 27-13 WHEREAS for all of the reasons identified in the resolution adopted by the Rappahannock County Board of Supervisors on January 26, 2023 appointing the chief and other officers of the Flint Hill Volunteer Fire Company (FHVFC), Inc. pursuant to Virginia Code § 27-13; and, WHEREAS the individual that the Board appointed Chief of FHVFC on January 26, 2023, David Jarrell, has selflessly served in the position for six months; and, WHEREAS Mr. Jarrell tendered his resignation effective August 8, 2023; and, WHEREAS Virginia Code § 27-13 empowers the Board of Supervisors to control the time and ‘manner of appointment of the chief and other officers of FHVFC; and, WHEREAS notwithstanding the certificate of incorporation dated July 22, 1954, and such documents having been amendatory thereof, the Board of Supervisors acting as the local governing, body of Rappahannock County find that itis in the best interest of the citizens of and visitors to Rappahannock County and specifically those in the Flint Hill village area that a new chief must be appointed to continue with the efforts to correct the deficiencies enumerated in the January 26, 2023 resolution; and, WHEREAS the January 26, 2023 resolution stated “the initial term of service for the appointed officers shall be one-year. Appointment due to a resignation before the end of the initial term or reappointment at the end of the initial term shall be made by the Board of Supervisors until such a time that the Board may direct otherwise.” NOW, THEREFORE, BE IT RESOLVED that the Rappahannock County Board of Supervisors hereby invokes the authority granted to it pursuant to Virginia Code §§ 27-13 & 27-23.1 and to accept the resignation tendered by Chief David Jarrell and recognizes the countless hours of dedicated effort invested by, and the stabilization efforts of, outgoing Chief Jarrell; and, BE IT FURTHER RESOLVED that the Board of Supervisors hereby appoints Sean Knick “Chief/Board of Director 1” for FHVEC. The Chief is encouraged to seek assistance as he may deem necessary from CGVFD Chief Todd Brown and RCFRD Interim Emergency Services Coordinator Darren Stevens, both of whom have pledged their organization’s support and assistance in the performance of the Chief's duties; and, BEIT YET FURTHER RESOLVED that other than the acceptance of Chief Jarrll’s resignation and the assignment of a new Chief/Board of Director 1, nothing included in this resolution changes the requirements and stipulations included in the January 26, 2023 resolution. Page lof? Exhibit B: September 11, 2023 Resolution of the Board of Supervisors oeRecord of the roll-call vote on a motion to approve the foregoing resolution, said vote taken by the Board of Supervisors of Rappahannock County, Virginia, at its regular monthly public me held at the Rappahannock County Courthouse, 250 Gay Street, Town of Washington, Rappahannock County, Virginia, on September 11, 2023: ‘ABSENT/ MOTION SECOND _ ABSTAIN Ate NAY Debbie P. Donehey Keir A. Whitson w . Van C. Came; ¥ ee Ronald L. Frazier wv Christine Smith hy | certify the foregoing accurately reflects the actions of the Rappahannock County Board of ‘Supervisors taken at the time and place stated above. ie P. Donchey Chair, Board of Supervisors Page 2 of 2Exhibit C: January 3, 2024 Resolution of the Board of SupervisorsRESOLUTION BY THE BOARD OF SUPERVISORS OF RAPPAHANNOCK COUNTY, VIRGINIA, UPDATING THE FLINT HILL VOLUNTEER FIRE COMPANY, INC. CHIEF/BOARD OF DIRECTOR APPOINTMENTS INITIALLY MADE ON JANUARY 26, 2023 AND UPDATED ON SEPTEMBER 11, 2023 PURSUANT TO VIRGINIA CODE § 27-13 WHEREAS for the reasons identified in the resolution adopted by the Rappahannock County Board of Supervisors on January 26, 2023 appointing the chief and other officers of the Flint Hill ‘Volunteer Fire Company (FHVFC), Inc. pursuant to Virginia Code § 27-13; and, WHEREAS the Board of Supervisors adoption of the January 26, 2023 resolution and a September 11, 2023 update resolution caused the appointment of the following members of FHVFC for an “initial term” ending January 26, 2024; and: Chief/Board of Director 1: Sean Knick Board of Director 2: David Bailey Board of Director 3: Tim Bills Board of Director 4: Patrick O'Malley Board of Director 5: Dr. Hugh Hill WHEREAS Virginia Code § 27-13 empowers the Board of Supervisors to control the time and manner of appointment of the chief and other officers of FHVFC; and, WHEREAS the Board of Supervisors acting as the local governing body of Rappahannock County find that it is in the best interest of the citizens of and visitors to Rappahannock County and specifically those in the Flint Hill village area thatthe prior appointments should be extended; and, WHEREAS the January 26, 2023 resolution stated “the initial term of service for the appointed officers shall be one-year. Appointment due to a resignation before the end of the initial term or reappointment at the end of the initial term shall be made by the Board of Supervisors until such a time that the Board may direct otherwise.” NOW, THEREFORE, BE IT RESOLVED that the Rappahannock County Board of Supervisors hereby invokes the authority granted to it pursuant to Virginia Code §§ 27-13 & 27-23.1 to extend the term of the Chief/Board of Director | and the other four Board of Directors, all listed in the preamble of this resolution, an additional one-year term; and, BE IT FURTHER RESOLVED that the Board of Supervisors hereby requests that the FHVFC membership, led by the appointed Board of Directors, present a self-governance plan to the Board of Supervisors to formally elect a Board of Directors pursuant to their bylaws who will guide the FHVFC into the future; and, BE IT YET FURTHER RESOLVED that following the acceptance of the Board of Directors self-governance plan by the Board of Supervisors and execution of the plan by FHVFC ‘membership, that the extended appointment term made herein by the Board of Supervisors will Page 1 of 2 Exhibit C: January 3, 2024 Resolution of the Board of Supervisorsend upon the elections made by the membership. Upon election of officers by the membership, and the satisfactory completion of the requirement of the January 26, 2023 resolution of the Board, the interim governance of FHVFC by the Board will end, and the fire company shall regain its independence. Record of the roll-call vote on a motion to approve the foregoing resolution, said vote taken by the Board of Supervisors of Rappahannock County, Virginia, at its regular monthly public meeting hheld at the Rappahannock County Courthouse, 250 Gay Street, Town of Washington, Rappahannock County, Virginia, on January 3, 2024: ABSENT/ MOTION SECOND ABSTAIN __A’ NAY Debbie P. Donchey x Keir A. Whitson ‘Van C. Camey v Donna D. Comer vo Christine Smith v 1 certify the foregoing accurately reflects the actions of the Rappahannock County Board of Supervisors taken at the time and place stated above. Dei Aroha Chair, Board of Supervisors Page 2 of 2Exhibit D: Articles of Incorporation of FHVFCws ese vou s- COMMO! WEALIn UP VIRGINIA DEPARTMENT OF THE STATE CORPORATION COMMISSION City of Richmond, 22nd day of uly, 1954, sr sate hy re ype tbe for aon oF ene oe fiery arenes nt abi wr clave foe 1 repo hy bw, taviag ben peed to the Slate Goryension Cransisin by Marbert, Foster, Prank i Cary, John R. Moore, Jr., Ml. S. flarksdals, David Ps Corbin and John 5. Browning, he far snotty andthe Slow. Rayner Ve Snead Ilge ofthe Ch reute, Cost of Rappahannock County vig ied tt the sid jer ining al erat are ie and one pers Ube cng re thei aet forth, ad hat rat ack hy sd picts in aeonbnce wit aw, the State Corporation erin or dsb tate sah apgtirante ase complied wth the rege: fine 1 a + the A gal sf the sid ee Coma sve eae i ia healers tn ley i th He es Neo be that se ai sey ol et, lf Warhert Postar, Prank He Oary, John f. Moors, Jr, H. Se Barksdale, David Pe Corbsn and John 3. Krowning io tie monte ae ances hess sey a Rey, ee acral boy eile and compote nde and I the nase FIint 111 Yoluntnar Fire Company cn the terns an ais, ae or the presse fh in il cet, with al the powers and priveges anlerrol yom dite ane Leet Biray compete sl sje al the conditions and restrictions i pose iy ow, Aw sid erin, wth his onde, ix ewchy ordered tbe adel record et CALL ll lottery eae a COMMONWEALTIE OW VIKG fr de CTY OE KAEHMOND, the 2200 tay of UL ‘ork of tr Tom Te neni hater of o PLint HI) Yoluntnar Fira Company see thi ay vain al avi sv this ial ty ete 9 the Clerk of the Cirense, Cam of Kappahannock County scoring iota. sian Cuarinstion Commuasion, IRUASIA fo te ae te Ceecesa?” Feat ob Ofoler 4 ashy She Sate Catpala | oi ot thera was teeived, daly adited tthe atk af he State Cotte nin Suan Me Datile _ tia Exhibit D: Articles of Incorporation of FHVFCCERTIFICATE OF INCORPORATION or FLINT ILL VOLUNTEER FIRE COMPANY v in 1 certity that we do hereby associate oursdies te establish & corporat fon, mot organized ur profit, in which no Fed oF to be is lal stork i req led, under and by virtue of 1950 Code of Viegini Title 13, Chapter 14 ot th . and acts amendatory therrot, tur the purposes, and under the curporate name, hercinatter mentioned, ant tw that end we do, by this our certificate, set torth as follows: ) The name of the corporation is to be FLINT HILL, FIRE COMPANY, (h) The name of the town wherein ite principal office in this state in to be Jocated is Flint Hill, County of Rappahannock, State of Virginia, () The purposes of which the Flint Hill Volunteer Fire Hows: Company To torn a voluntvrr organization ty fight tires in the Town of F hint HEIN as the Cos y uf Kappahannuck, oF such other places as the chief and other uverning oiticials of said corpuration may deem proper: te buy, such equipment ax may ie ne sary fur the purpose of own ana ope fighting wad fiers; to take ateps for the purpose Uf safe guarding of property J Town of Flint Hil and County of Rappahanncek from fires and to conduct fire prevention campaigns; to raise money by subscription campaigns GF such other manners aw ite oflieliln may ditect, and receive donations for the Fein o Hinane ing the purchane uf nov camaey equipment in Fighting fires he thastinun number ol dievetore why are to manage the W " shall be wight, and vacancies in uch number are AI ra oh the carpet etivn upon the date to be ited athe taltowing manner, teat: By « i | i he organization tur the term of sam bry the mene em ppretiied om the hyfone year, vacancion in unexpired terms to be filled by the remaining director mew and residences of the directors who are to won manaye the allairs for the first year of ite existence are as follows: NAME: RESIDENCE: Herbert Foster Flint Hill, Virginia Franklcary Flint Hill, Virginia John $. Browning, Flint Hill, Virginia John R. Moure, Jr, Flint Hill, Virginia HS, Barksdale DavidlCorbin HILL, Virginia HLL, Virginia ames and renid nd post officer of the officers are: HS, Burkedile, PkESIDENT Flint Hill, Rappahannock County, Va, FrankiCary, VICE-PRESIDENT Flint Hill, Rappahannock County, Va, r DAvidyCorbin, SECRETARY Flint HiIL, Rappahannock County, Va, 3 John 8, Browning, TREASURER Flint Hill, Rappahannock County, Va, (0) ‘The period for the duration of the corporation is unlimited, mount of real estate to which ite holdings (a) th any time are tu be limited is live (5) acer Given under yur hands this 9th day of July, 1954. _ pe, Alicea, e COUNTY OF KAPPAHANNOCK, TO- Wi STATE O1 VIRGINA Zs Biel frig, a Notary Public in and for ma reby ily that Herbert Foster, Frank 4. J ty John Ro Moure, dr. HL 8, Burkadate, and David P mined tu ue foreguing writing, hearing date on the Oh day 1 daly, VPA, have each severally acknowledged the tame before mein my County and State atoresaid, wut thin 27% Toomer LL adh aa Notary Pubive My snminninn expire Stk aye’ feo Gave under any b day of July. 1954, In the Circuit Gouet of Kappahannuck County, Virginia: We foregoing cectifieate ot incorporation of the Flint Hit Vatuatese ine Company, aw prenented ine, i yocr V. Snead, Judge of the Cireult Court 0: Rappahannock County, Virginia, in term time and having been examined by ne thereupon aacertain and certify hereon that the 1 migniny ani at kuwated ny, the lorepeung certificaten are of good 1 be incurpaated for the purpine ont forth the sad certiticate of ancurporation, and { further exrtify that the sank certctieate al incurperation, th, my opinion, signed and acknowledged in aecurdance with the requirements of Chapter 13 of Title 13 of the Gude of Virginia for 1950, for such cases made and provided, yee 4. + 1954, sant peat thyfeie teased ‘Rappahannock County, Virginia. Given under my Rand than gg aud | |July 21, 1954 Mr. NW, Atkinson, Clerk State Corporation Commission Richmond, Virginia Re: Flint Hill Volunteer Fire Company Dear Atkinson: Herewith \ uclosed is an application for a charter by the Flint Hill Voluntews Fire Company together with my checks, which I shall appreciate your completing. The lzst time a fire company wis organized I believe $8. 50 was paid to the State Corporation Commission and $3, 50 was paid to the local Clerk. ‘The company is quite anxious to organize as quickly as possibly as they propose to have a carnival within a few days IWF /ept, Enclosures-3 1 |cofMonweaLrn OF viboinia Flint 1411 Volunteer Fire Company ‘r, James We Fletcher Department of the STATE CORPORATION COMMISSION ‘ RICHMOND Ente duly 22, 195% 3 “Yo Clerk of the CLrendt Cun of Rappahannock County Dunk Sim: | } 1 ence rst chek j foes be00 tw pay cont of recording Charter of j | gwonantdievet to in soar elie, Peace Gora ec for thi Attorney Sperryville, Virginia “The Coun ell oe atin to the puis of Section 13-26, 13:36 and 13-223, Code of Virgina, 10. Hed ty the Commission with application for charter. ' company the chatter as centied to you by me. ‘eturned tothe Clerk of the State Corporation i “Thee certo. probe Heat your eecorting fe any be pr “The Commission will rete this to be sone snd your fee i Please sce that cach charter or amendment is promply recorded oF Commission, Richmond, Check Register Yours truly, No 4503 ite duly 21, 1954 Prawn on ‘Tho Rappahannock iatAonal Hank WLW, Getdrserr— Paws Jenene Flotchor eta as eae oe OF Bane Wonca 2 RECEIVED of RICHMOND, VA. July 22, 1954 Flint 11411 Volunteer Fire Company Eight and 10/100: ‘om account of the following fees in connection with th charter 0 the aboow corporation DOLLARS tse CONTE IN THB OFFICK. pee yExhibit E: Bylaws of FHVFCFlint Hill Volunteer Fire & Rescue Company, Inc. Bylaws P.O. Box 150 945 Fodderstack Road Flint Hill, VA 22627 Exhibit E: Bylaws of FHVFC Index Mision Statement Membership & Voting PricesArie Secon 1. Name of Company ‘This Oxezation le krowe he Fn Hl Vole Fe Company cope" (ading ws) "The Fal end Rescue Copa” eal eon 10 inthe docament the Compan. Section 12. Byhws and Charter Objective No Aric or sigunton nthe lave sal spd the Catron granted he tte Comers Common (SCC ene Tete ame "Phe Pt i Voluce ite a Rescue Company” ny porn ofthese bls ht re foun coma Heras ad eustions of the SCC er pov fs. dead nec oe hal att ny at perm ad mo ter Arie “Mision, Vin ad Values Statements (Arended 05062021) Seton 2 Mision ‘he Fi il Vole Fie and Rese Company's mision sop he nes and prope tose wha ve. ost aa tc omy hgh ae pesction, cain, pal, Stree feet andemegery medrese, Sexton 2.1 Vision Sateen Westrve wrod excell emegeny epee mization, pent and pe eae, Section 22 Vales Statement \Wecncourge and spp exclince eden snd serie, We vale eamwork and on towns she foundation fr med We wil st waco and meg Space of ours. an we wl pot dame on the ai ap, rac eon. ‘orl org sex huni een state seal enetston pon in Sect 2.1 Acie Membership Active Meme hl sist ofthat apd isso wh ancy tin 2 al equpet for ie surpesion or meget) meal sees, Allatve ees ‘a conform oa euerem ofthe Baws Rules a Reston, 2 Standard Operating ‘Procedures GOP) and tend al ate aleis ese. Allie members ho Sa poet ore Seppreson or Enersoey Medal See st anna, ‘aber of anal Corparyreurenunts etd o appontedAdmansrav Oe Po Sater ar ace rr te ig regents 2 Active Menten it ged standing my wee o Company sie. 3) Active Member, when called pon il pare aes acs. sh as Toning conmaney serscen pisces popeny an pl manage ‘mrenanc, and oe fantona dates x dete fom ie tne Fy Active Member ung a stend hee comes ns mags bot {Ni excuse sal forte ght to eteon ay ution. Thar von gh shal ‘eestor on the second (2) consenting neving attend reer 44) Ups aio conpy wah bors} ay combination of ra ch he ‘peer cat be plat on Iatise Steet sting end ‘Shanati Sectan 32 Contributing Membership Contnbuing merserip sl be enter wh have sie opp the Conga a allay exe aprons Contnouting nee al mat nde operate eis eis Sutherzd todos ora specl event Connbting emer: hal pant al dae nen a pon ad ay see ad cha tc )Contutng Member i stingy voteon Corny is 1) ty Contbatng maber fang tosttend nce} const sss stings Shou aad exe hall fre hetrgt o vote many Qos, Tr vlog Teh sal be rested 9 the sosnd (2) comet etn ace Hest Seton 33. Honorary Membership An Hooray Member dl be tizen whos ve terete ilo pete nian ai the Comp’ presen nr flare evelopment orate nos see ‘nl cnet tothe Company deren Fopsn 9} Honorary Members ay tt Yts mk ay min oon. in ol cs ‘rapped Offi spn potion, Char commas Svc ‘onpasy etic 1b) Honorary Members ms be voted this caer hy vexing meters eset staged megSeton 24 Junior Membership Jumor mamber sal Be any psu screw oF U6 and yc gs imeresedin ming the Comp, a 3) dir meres sal pot nae yan, second a mation, ote ona is ol ‘ceo pointed postion Chas comes or Boal Swept any ve ‘oft Company uo moors ay sen acme mmo 1) ors mst musta prope ecu a bys tohave wade ser mbss wth cousy and espe High Seb uns mas ana test Caer aos sal ot beak Conny property fer twen ued 2208 hut 08 ‘hol nights neon aco i hs wth prea emia, Juno Sl bese chile for Atv memberaip tuning ice (18) ‘yrs oe The membership Comme sal vestigate the Jono eon {seer i probationer, ped of sat (6) months estoy Cpl. Refresh of Acne manos, anor should Becetied incPR.lsbould be wes = heComeomcalh of Vigna tea Foch Ive ne aio Emrzeny Madi Tecan (EM) The Neen Comrie shal pee js witha eormenatin 1 appve or poo ‘Shou nk bl toreeie a majry voteby sae bales mene wil Be ‘Sect AS Life Membership Requirements Lite Mente stata tal consi ofthe mehr who inne ive ‘nea the Cran fort et wen 20) ears vg eco ey bes Steinke Conary. Voting preps for Life mone fallow the san elem At Contig Stats Seaton 16 Application Process ach meters apption must acpi by pai cod fo the “iva whieh he appa es sds Vita DM Devers Lice Tami. ‘Aplications sal epee thebeats fis regular mtg flown he {crplton of he Memes Commer vestigation Wher presenting ech apo, 2 Memestip Commas shall commend approval or deappovl of the wpisinfr Protons, Meer into the ger hohe. Alea fee il fe eee ‘pon acceptance of pabtiony memben y the Conary ‘he Menbesip Cmte wil lw (2) wok, king es applicants paper to nese a apa: her al paper sited es than eo (2) eek before Conpary met be Menbertip Comte sal mi the pay at te est reer meting ht apa fr mre by (NAME as Deo reoied and unde estate Te Mewes Cartier wil po themes) of "pple for manbeship na conpcous space spam mec apa. Seton 7° Requirements or Appian ‘Any pon of achat, eigen yea o ole, be ile for meen in "he Fin Hl Vote ie an Rescue Company Minors betwen theaes of sites 16) and ‘iphcon (1) yeas of pe sl be gle for menbenip as anos wth arent oe guards \wtenconsct ene mene application Whee wren pars comms que foe Junie member, he enmcting pat or pl girs sig aa bs wits y ‘hn peso tet twenty-one 31) ye of a Section 34 Voting on Applicants All apa al te admit io membership oly by an ima test bale: ofa major ofthe mean tenanee athe mecting thie wes ‘tal upon Anappicant tho gli shal ene de Ast, Hoo, ans ot Probatnury membertip ith Corgury. Anniv who ent wpe 9 mapty ‘ote ay apply Freer er oe 0 ann he eae ee Gast Seana 39 Confident sane! fis wil be inane conde by the Secretary, Iion and aces wil be eleased ony foe ete! necemy fo the Member Corie he Rad ‘test Section 319, Probadonary Sats (Active Members Only) Praia member sal take ation seta moto, ote on Company sings Probaorary memes sal ld ty permanent ce or appt acer *harmmbin of any commits. Protas meron may sere an comes, ACHE "pation fs (6 them probation ec poate meme wh ht eth ‘pes requrebeno ete sates shal apparel the member ae x ele Intymesing toe voted im acne sats The meen comma leas ep She rabasonay mee accompanist batman soma The Imonbhip for hse Pratition may be exteed fr hse whoa no aan mar ‘Sram danny the pobaon pes doe hk ee saab. Shukla patos ‘nba fa toresve «aon otf cise wil be ema 1) Befoe aii fall nemtendip, an Acne Maton Member should ceri san Emepenty Mca Tectnican (EMI) ano a2 Fight eve! One by Prataoary members may hold erp) pions act a nile vacancy sf ‘eeoneerdel bythe Buf Discos ad ve yr of mbes a ‘Sepenen hanes met Section 3.11 Restoring Active Status (Added March 2019, Amended 08062021) ‘One plc active Sats theme mb iy sb es rsgucing | stataschangs wo Active Mrs sts rest te tats change Rom at ace ‘weber a ea buss meting 2 whch ne he membre Voto rest the ative mmr on2) Regie the member ‘og tho the memes apts res incluing mgr acral check a any ther menoohip poses uid ‘Anertwo nce offen placed on active St, ituernemtentip may be pmarly Send Artie Mess ‘Sect 4. Regular Meetings ‘Thee sal betwee regular mats ld ach oor onthe fist Moy ofthe month Sect 42 Annes Mestng: ‘The esting iso the Fist Mondo December Sle the An esting which ‘ajc of thse resent wl ee! te Often. Alla Ofte, sve a ppc Shahid Ome forone year eke for Das Dar chat il Off for tae oe {nd on oon ating as of Durst Dect 3 and Psa Secon 43 Quorum Unies otbernse utd in theses. sn (6) ski men of he taloting rmemesip i pou ond Sal onsitea quorum prove tea he (3) aes Ita im hac preset, of whch me Adasen tay esi Secon 44 Netieton of Special Meeting: ‘he Sect stl ge taste 10) ys ote tal Company meine ad include heme an ath ual Speci mons Fur Spal Mein th psp He ‘sisl be sua, Seton 4S. Onder of Presing at Metngs: Inte Preside’ bse, he Vie Pesdew, Secetay. Testu, Distr, of Chitin hands ri a tings Secon 46 Special Mevtngs Spoil Mctngs may ec bythe Present byte Boar of Distorsoby wrtn scqust a (6 ing ben ood tning Ths tng prensa st he ‘and only thebusine remand nthe ny be tans Seton 4.7 Agenda for Meetings: Ne conditing meetings she flowing procedures eval nls eerie rd bythe momen 1 CaltoOnker 1 Minutes othe st Metin ean etd on Spee Guest Repo ‘Tese: Report Mereshp Repo ‘Chics and Rappahannock County Fi and Rosca Assen Report RCFRA) EMS Capes Report Repos of Standing Commer, Spa Commins Usnineg Busines New Brine Announcers ‘Adu Secon 44° Roles of Order: ‘The flowing Rules of Onder wl wd trie rqueste hy theAsenby Patamentry pacers wl be mate salable for Conpary mies, Res Rae of Orden ithe Assembly chooses nat tow te hs Armin mist be sconde before it ean he ded any mtn sal Be ‘duced to wating the not othe psig fer ori ay mabe ge 2 The mover my whe a motion ert debts ld cn, a at Mead loa he Caran come 3 No member sll spe ore thananc om ay tion ston witht nes ane of Chae 4° When a quesion js under cussion. ton al be mado hl ston, ‘cep tonment fo pospoe i or place mms athe gue 5° The previous question al e made som, vs "Shall th main ston be 6% Thos of m Amendat iso change vey the ial Movon tt

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