Constitution & Bylaws

TABLE OF CONTENTS

 

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CONSTITUTION

 

ARTICLE I:  Name…………………………………………………     1

 

ARTICLE II:  Purpose……………………………………………..     1

 

ARTICLE III:  Membership………………………………………      1

 

ARTICLE IV:  Administration………………………………………     2

 

ARTICLE V:  Legislative………………………………………….     2

 

ARTICLE VI:  Executive………………………………………….     3

 

ARTICLE VII:  Auxiliaries……………………………………….     3

 

ARTICLE VIII:  Amendments……………………………………    3

 

 

BYLAWS

 

ARTICLE 1:  Organization……………………………………….    4

 

ARTICLE 2:  Charter……………………………………………..    5

 

ARTICLE 3:  Department Convention/Conferences……………    5

 

ARTICLE 4:  Convention Committees…………………………..    7

 

ARTICLE 5:  Department Executive Committee……………….    10

 

ARTICLE 6:  Department Districts………………………………   11

 

ARTICLE 7:  Chapters……………………………………………   12

 

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ARTICLE 8:  Department Officers…………….……………….   14

 

ARTICLE 9:  Auxiliaries and Subordinate Units………………   18

 

ARTICLE 10:  Membership……………………………………..   18

 

ARTICLE 11:  Department Employees…………………………   19

 

ARTICLE 12:  Finances…………………………………………    19

 

ARTICLE 13:  Sources of Revenue…………………………….    21

 

ARTICLE 14:  Disciplinary Actions……………………………   22

 

ARTICLE 15:  Incorporations, Affiliations and Other

                                 Associations………………………………..    22

 

ARTICLE 16:  Miscellaneous…………………………………..   22

 

ARTICLE 17:  Amendments…………………………………..    22

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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DISABLED AMERICAN VETERANS

Department of Georgia

 

CONSTITUTION

 

ARTICLE I – NAME

 

Under the authority of ARTICLE  IV – Powers of the National Constitution and ARTICLE 8 – State Departments of the National Bylaws of the Disabled American Veterans (DAV) National Organization, there has been and is hereby established the “Disabled American Veterans, Department of Georgia” in the State of Georgia.

ARTICLE II – PURPOSE

 

To uphold and maintain the Constitution and the laws of the United States; to realize the true American ideals and aims for which those eligible for membership fought; to advance in interest and work for the betterment of all wounded, gassed, injured or disabled veterans; to cooperate with the US Department of Veterans Affairs and all public and private agencies devoted to the cause of improving and advancing the condition, health and interest of all wounded, gassed, injured and disabled veterans; to stimulate a feeling of mutual devotion, helpfulness and comradeship among all wounded, gassed, injured and disabled veterans; to serve our comrades, our communities and our country; and to encourage in all people that spirit of understanding.                                  

 

ARTICLE III – MEMBERSHIP

 

Section 1.  The members of this Department shall be all active DAV Chapters in the State of Georgia, which have been or are hereafter chartered by the National Organization, so long as such chapters remain in good standing as determined by the National Organization.                                   

 

Section 2.  Eligibility for membership in the chapters of the department shall be as provided in ARTICLE 11 – MEMBERSHIP, of the National Bylaws as now or hereinafter amended.                                            

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Section 3.  All applicants admitted to membership shall be eligible for membership under the provisions of ARTICLE 11 – MEMBERSHIP of the National Bylaws.  The DAV, Inc., shall not have honorary memberships.(from ART IV, Sec 3 old C/B)

 

ARTICLE IV – ADMINISTRATION

 

Section 1.  The administrative affairs of the Department shall be vested in the Department Executive Committee (DEC).

 

Section 2.  The DEC will consist of the following elected/appointed officers:  Department Commander who presides, Senior Vice Commander; First, Second and  Third Junior Vice Commanders; Adjutant; Treasurer; Judge Advocate; Inspector General; Chaplain; three (3) Finance Committeepersons; five (5) District Commanders; Chairperson of Blue Hat Committee and the Immediate Past Department Commander.  The Department Adjutant will act as Secretary.  If the Adjutant and Treasurer are the same individual that person is entitled to only one vote.  The Department Commander may invite any officer, member, employee and/or committeeperson, as needed, who will attend at the expense of the Department, but without vote.                               

 

Section 3.  At the time specified in this Constitution and Bylaws, the Department shall elect annually a Commander, Senior Vice Commander, First, Second and Third Junior Vice Commanders, Judge Advocate, Chaplain, Treasurer, Inspector General, three (3) Finance Committeepersons, three (3) Blue Hat Committeepersons and five (5) District Commanders.  Such other officers as may be necessary to operate the Department may be appointed by the Department Commander, with the approval of the DEC.                                        

 

ARTICLE V – LEGISLATION

 

The supreme legislative powers of the Department shall be vested in a Department Convention, which shall be composed of the Department Officers and Chapters, which are now, or may be hereafter included in this Department.

 

 

 

 

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ARTICLE VI – EXECUTIVE

 

The executive power of this Department shall be vested in the Department Commander.                                        

                                  ARTICLE VII – AUXILIARIES

 

This Department recognizes the DAV Auxiliary and the National Order of the Trench Rats as auxiliary units of the DAV, subject to its supervision and recommendations.

 

ARTICLE VIII – AMENDMENTS

 

This Constitution shall be amended by a two-thirds vote of the delegates present and voting at the State Convention.  Any proposed changes to the Department Constitution will be brought forth during the convention.  No amendment shall conflict with the National Constitution.  If said amendments are adopted, they shall become effective immediately, pending final decision and approval of the National Judge Advocate.  Proposals for changes to amendments may be submitted to the Department Headquarters so as to arrive no later than March 1 (prior to Spring Conference).                                               

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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DAV, Department of Georgia

 

BYLAWS

 

ARTICLE 1 – ORGANIZATION

 

Section 1.1:  The Department recognizes the National Organization known as Disabled American Veterans, incorporated by Act of Congress, and affirms its allegiance and subordination to the National Organization, its Constitution, Bylaws and all rules, mandates and regulations promulgated pursuant thereto.  Upon dissolution of the Department, the assets remaining after the payment of its debts shall be distributed as provided in ARTICLE 6 – Section 6.4, Paragraph 5, of the National Bylaws.                                            

 

Section 1.2:  No chapter or any member or members, by virtue of membership in this Department, shall acquire any property rights or any present or existing right or to the property, which this Department may now have or hereinafter acquire.  Each chapter, for itself and its members, agree that upon dissolution of this Department, its assets remaining after payment of its indebtedness, if any, shall be reduced to cash and contributed to the National Organization, where it will be held for eighteen (18) months, after which it becomes the property of the National Organization, in the event the chapters in the state fail to reorganize a State Department within such period.  Each chapter also agrees for itself and its members, and each officer of this Department by accepting such office, that no members of any chapter of department officer shall receive any money or other thing of value from this Department, because of any services rendered or to be rendered to or from the Department, unless the same is expressly authorized as hereinafter provided.                                    

 

 

 

 

 

 

 

 

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                                               ARTICLE 2 – CHARTER

 

Section 2.1:  The Charter of this Department issued by the National Executive Committee (NEC), is its authority to function and shall be displayed close to the Commander’s station at all regular conventions, conferences and meetings.

 

ARTICLE 3 – DEPARTMENT CONVENTION/CONFERENCES

 

Section 3.1:  The supreme powers of the Department shall be vested in the Department Convention to be held in June of each year, at the time and place determined by the Time and Place Committee.  The DEC shall/may change the time and place if it appears that the Convention cannot be held satisfactorily at the time and place selected by the committee.         

 

Section 3.2:  The Department Time and Place Committee (made up of the Department Commander, Adjutant and one other officer appointed by the Commander) shall be responsible for negotiating a convention contract where adequate facilities are available.  They shall plan and direct the Convention.

 

Section 3.3:  An annual Fall and Spring Conference shall be held on a three-day

weekend in the months of October and March.  The site shall be the same as for the Convention.  The agenda for the Conferences and Convention shall be the responsibility of the Department Commander.  A Finance Committee meeting, a Service Officer’s Training/School and any other committee meetings the Department Commander deems necessary shall take part of this agenda.  State Officers and Committee reports shall be heard. 

 

Section 3.4:  Delegates:

  

Para. 1:  At the Department Convention, each chapter in good standing shall be entitled to two (2) delegates and two (2) alternates for its chapter and one (1) delegate and one (1) alternate for each fifteen (15) members or major fraction thereof, whose current National and State per capita tax, and National Service Fee has been paid during the current fiscal year, as shown in the last membership report published by the National Organization immediately preceding fifteen (15) days prior to the Convention.  The Department Adjutant shall notify each chapter, not less than fifteen (15) days prior to the opening date of the Convention as to the number of delegates and alternates to which they are entitled and the time/place of the Convention.                                5                  

Para. 2:  A chapter shall not be considered in good standing if indebted to this Department.  Its delegates shall not be seated or vote at the Department Convention unless such indebtedness is first paid.  Recognition shall not be granted except for the limited purpose of appealing to the convention in regard to the amount or legality of such claimed indebtedness.  Actions taken by the convention shall be final.                                                    

 

Section 3.5:  Voting:

 

Para. 1:  Each elected Department Officer, each Past Department Commander (PDC) and each delegate shall be entitled to cast one (1) vote on the floor of the Department Convention, provided, however, that such officer or delegate is present thereat.  All Chapter Commanders shall have one (1) vote for the Chapter Charter and this vote may be cast by the Commander, Senior or Junior Vice Commander, or with chapter delegates as prescribed in ARTICLE 3, Section 3.4, Para 1.  No member will be entitled to more than one (1) vote.  When the Department Commander or the Chairperson cannot distinguish between the yes and no votes, he/she shall call for a roll call vote of the chapters.   (Robert’s Rules of Order on voting procedures).  If a roll call vote is not ordered by the Department Commander or Chairperson, delegates that question the validity of the viva voce vote, with a motion from the floor, duly seconded, with a majority vote required, may obtain a roll call vote.  The roll call vote is effective only for the issue being considered and does not apply to subsequent voting on other issues.                                                 

                                                                         

Para 2:  In the absence of any delegate, the alternate shall cast the vote.  In case any chapter is entitled to cast more votes than the number of delegates present, the vote of those absent shall be cast in the same proportion as those of the delegates present representing such chapter.  An alternate becomes a delegate in the absence of a delegate.                                                      

 

Para 3:  A quorum shall consist of one (1) or more delegates from at least ten percent (10%) of the total number of chapters in the department present, and in good standing, computed as set forth in ARTICLE 3, Section 3.4, Para 1.

Section 3.6:  During the Convention, Fall and Spring Conferences, the body will rule by a majority vote on all legislative, administrative and executive matters not otherwise specifically covered by provisions of these Bylaws adopted at the

 

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preceding Department Convention.  Voting by elected Department Officers and Chapter Representative at the Fall and Spring Conferences shall be governed by

ARTICLE 3, of these Bylaws.  Voting by the elected Chapter Representative at said conferences will be based on the voting strength of their respective chapters.                      

Section 3.7:  There shall be no voting by proxy or absentee ballot.

 

Section 3.8:  Rules of the Convention:  There shall/may be Rules of the Convention prepared by the DEC and be set out for approval to the Convention floor following the acceptance of the first report by the Credentials Committee.  The Rules of the Convention, Roberts Rules of Order and these Bylaws will be followed.

 

ARTICLE 4 – CONVENTION COMMITTEES

 

Section 4.1:  Committees:  Listed below are committees that shall/may meet during Convention, Fall and Spring Conferences at the Department Commanders discretion:

 

Para 1:  Standing Committees:  Credentials, Constitution/Bylaws, Nominating and  Blue Hat.  These committees must meet during the Department Convention.

 

Para 2:  Other Committees (Department Commander deems necessary):  Time and Place, Grievance, Finance, Women Veteran, POW/MIA, Legislative, Homeless, VAVS, Hospital, Fundraising, Awards and any other committees as needed.  The Department Commander shall appoint members to any of the above standing/other committees.  Duties of the Committees are prescribed by National and Department Constitution/Bylaws and Regulations, unless otherwise prescribed herein.  Committee makeup may be no less than three (3) or more than five (5) members unless otherwise mentioned in these Bylaws.

 

Section 4.2:  Committee Responsibilities:

 

Para 1:  Credentials Committee:  This Committee shall in accordance with the provisions of the National Bylaws, Department Bylaws and Convention Rules will determine the eligibility of all persons seated and voting in the Convention and shall specifically notify the Convention and the delegates as to the number of votes

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to which each delegate is entitled.  The Department shall provide for the form of credentials and shall recommend a set of rules for the convention.  Such rules, however, shall be subject to amendment and adoption by the Convention.  All matters of parliamentary procedure not otherwise specifically covered shall be governed by Robert’s Rules of Order (Revised).

Para 2:  Constitution and Bylaws Committee:  This Committee shall give consideration to those resolutions which pertain to the proposed amendments to the Department Constitution and Bylaws and National Constitution and Bylaws.  Proposed amendments shall be read to the Convention twice (2) during the Convention weekend with voting taking place at the second reading on the day of adjournment.  Committee will also take into consideration those provisions of the National Bylaws, same subject.

 

Para 3:  Nominating Committee:  This Committee shall consider and present to the Department Convention a slate of candidates which it shall nominate for department officers.  The Committee shall consist of all Past Department Commanders (PDCs) and Department District Commanders representing their respective areas.  The Immediate Past Department Commander will act as Chairperson of the Committee and the Department Adjutant will act as Secretary, with no vote (unless individual is a PDC).         

 

Para 4:  Blue Hat Committee:  This Committee shall resolve any and all complaints

and/or conflicts that chapters and/or members present before it.  The Blue Hat Committee is the first line of complaint/conflict resolution.  If the Blue Hat Committee cannot resolve a complaint/conflict, then this committee will recommend that said complaint/conflict be forwarded to the Grievance Committee.  The Blue Hat Committee Chairperson will advise the Commander and DEC on resolutions obtained or consults the Commander and DEC if further action is required.    

Para 5:  Grievance Committee:  This Committee shall be appointed by the Department Commander and approved by the DEC and shall consist of three (3) members who do not serve in any other capacity with the Department, either elected or appointed.  The Committee is responsible to render fair and impartial decisions on behalf of all members who have grievances.  Grievances are usually the result of misunderstandings or a feeling that favoritism is being displayed.  A grievance may seem unimportant to others, yet to the originator, it may be of significant importance.  Should a grievance be of such nature that the committee

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could not resolve it, it will be referred to the next appropriate higher body (Department Commander, Department Finance Committee, Department Chaplain).  A reply to the originator shall be rendered in writing.

Para 6:  Awards Committee:  This committee shall be responsible for planning,                                                            

purchase and preparation of all awards of the Department to be presented at the convention to members, individuals, chapters and organizations.  The committee shall receive award nominations and act as a screening and recommending committee to make appropriate recommendations to the Department Commander and DEC on all awards made or contemplated by the Department, except those awards which the Department has no control and those personal awards and citations conferred by the Department Commander.

Para 7:  Time and Place Committee:  The Time and Place Committee, made up of the Department Commander, Adjutant and one other officer the Commander has appointed, shall be responsible for negotiating a Convention Contract in the city chosen by the committee or the Convention delegates, where adequate facilities are available.  They shall plan and direct the Convention.  All contracts entered into must be approved by the DEC.  The Department Convention is to be held in the month of June.                                                     

Para 8:  All Other Committees:  May use provisions as stated in the National Bylaws or Department Commander will instruct on actions and recommendations that committees will follow as long as not in contradiction of National Constitution and Bylaws.

 

Section 4.3:  Reports:

 

Para 1:  Department Officers shall report to the Conference or Convention floor those activities in which they participated (attendance at DEC meetings, visits to chapters, etc) during their tenure.

 

Para 2:  Committees that met during Conferences and Convention shall report to the Conference or Convention floor the activities and results of their meetings.

 

Para 3:  The Credentials, Constitution/Bylaws and Nominating Committees will be the last three final reports to be made on the day of adjournment at the Convention.

 

 

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ARTICLE 5 – DEPARTMENT EXECUTIVE COMMITTEE

 

Section 5.1:  The DEC will consist of the following elected/appointed officers: Department Commander who presides, Senior Vice Commander, First, Second and Third Vice Commanders, Adjutant, Treasurer, Judge Advocate, Inspector General,                                                                

Chaplain, three (3) Finance Committeepersons, Chairperson of the Blue Hat Committee, the five (5) District Commanders and the Immediate Past Department Commander.  The Department Adjutant will act as Secretary.  If the Adjutant and Treasurer are the same individual that person is entitled to only one vote.  

Section 5.2:  Meetings:

 

Para 1:  Regular Meetings:  Meetings of the DEC will be called by the Department Commander, or at the request of a majority of its members, made in writing to the Commander.  The DEC may act between stated meetings through the Department Adjutant by means of correspondence, teleconference, mail, fax or email.  The Department Adjutant may submit to each member of the Committee for their written ballots any matter requested by the Department Commander or by not less than 40% of the members of the Committee.  The results of the vote on each matter, so referred to the members of the Committee, shall be conveyed in writing to the Committee.                                                

Para 2:  Special Meetings:

 

 Within twelve (12) hours after the adjournment of the Department Convention, the DEC shall meet in the city in which the Convention was held, to determine as far as possible, policies to be adhered to by the officers of the Department until the next convention or until such policies shall be modified at a subsequent meeting of said committee and shall transact such other business as may be properly brought before it or as may be required by the Department Constitution and Bylaws.

 The Department Commander or a majority of the members of the DEC shall have the authority to call for a special meeting of the entire DEC at anytime between Department Convention provided, however, that written notice of the time and place thereof shall have been given to all members of the DEC, with sufficient time in advance thereof to enable them all to be present thereat. 

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Section 5.3:  Who May Also Attend:  The Department Commander may invite any officer, member, employee and/or committeeperson, as needed, who will attend at the expense of the Department, but without vote, to any regular or special meeting.                                     

Section 5.4:  A majority of the members of the DEC shall constitute a quorum to conduct such business as may come before any of its meetings.

 

ARTICLE 6 – DEPARTMENT DISTRICTS

 

Section 6.1:  District Commanders:

 

Para 1:  The District Commanders will be elected by the respective Districts (as listed below) and each chapter in the District will have one (1) vote.  The District Commanders must be a member of a chapter and live in the district from which he/she is elected.  The District Commanders will be elected at the Department Convention, with the election to be held on the Friday by caucus of chapters present, from the districts (Northwest (NW), Northeast (NE), Central, Southwest (SW) and Southeast (SE)), immediately following the Business Session.

Para 2:  The District Commanders will hold at least one (1) District meeting on or before December 1 of each year.  No two (2) Districts will hold their meeting on the same weekend.  This will allow the Department Commander (or his/her representative), Department Adjutant or any other Department officer to attend these meetings.  The District Commanders will visit each chapter in their District a minimum of once per year, to provide information, news and guidance to the chapters, in addition to being their representative on the DEC.

 Section 6.2:  Districts:

 

The five (5) District Commanders, each represent one of the Districts which are defined by the geographical area that encompasses the following Chapters.  The Department Commander will assign any new chapter to the appropriate area:

State Districts are identified as follows:

 

 

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Northwest (NW)                    Northeast (NE)                    Central

6    Marietta                            1    Atlanta                           7    Columbus

11  Blairsville                         2    Athens                            9    Macon

17  Gainesville                       10   Augusta                         31  LaGrange

28  Blue Ridge                       15   Rabun County               33 Warner Robins

47  Jasper                               18   Augusta                         50  Macon                                                         

49  Summerville                    55   Covington                      56  Columbus

                                               90   Snellville                                                                 

                                               91   Decatur

                                               92   Oconee

 

Southwest (SW)                   Southeast (SE)

14   Valdosta                        8    Savannah

26   Albany                          36  Brunswick

27   Albany                          46  Hinesville

38   Tifton                            70  Waycross

59   Thomasville                                                

 

ARTICLE 7 – CHAPTERS

 

Section 7.1:  Chapters shall be organized and chartered as provided in the National Bylaws, ARTICLE 6 – CHARTERS.               

 

Section 7.2:  Each chapter shall adopt its own Constitution, Bylaws and Regulations, as referenced by ARTICLE 9 – CHAPTERS, of the National Bylaws, provided that the same do not conflict with the provisions of the National and Department Constitution, Bylaws or Regulations, or any lawful action by the Department Convention, and provided further that the same and all the amendments thereto have been approved by the National and Department Judge Advocate.  Each chapter in this Department shall submit copies of its Constitution, Bylaws and Regulations, which have been approved to the National and Department Judge Advocate and the Department Adjutant.  Future changes/amendment to the Chapter Constitution, Bylaws and Regulations  submitted must be approved by the chapter membership, signed by the Chapter Commander and Adjutant, submitted in three copies to the Department Judge Advocate for review and approval.  

 

 

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Section 7.3:  The Chapter Adjutant shall furnish the Department Adjutant with the names, titles and addresses of all elective and appointed officers within ten (10) days after the installation.  Failure to comply with this provision will preclude the seating of its delegates at the Department Convention and may cause Chapter to be suspended.                                          

 

Section 7.4:  Each chapter will send in its reports (which contain the meeting minutes, sign-in sheet(s) and financial statements) monthly (within 30 days) to the Department Headquarters, ATTN:  Adjutant.  All chapters shall keep adequate and detailed records of their receipts and expenditures.  If expenditure is directed from the floor at a regular and authorized meeting of the chapter, such motions, seconds and actions shall be duly recorded in the minutes of the meeting.

Section 7.5:  No chapter, group of chapters, or auxiliary unit shall conduct any fundraising project or activity directly or indirectly without proper approval of the Department.  This approval shall be requested in writing, in duplicate, with reasonable information contained therein as to provide the Department Headquarters with a full understanding of the project or activity.  If the project is approved, one copy of the request will be retained by Department Headquarters and one copy will be furnished the chapter for their records.  No chapter or unit shall conduct any fundraising project or activity in a community where another chapter(s) or unit exists without first obtaining approval from the other chapter(s).  The approval from the other chapter(s) must accompany the request for the fundraiser when sent to Department Headquarters.          

 

Section 7.6:  Each chapter shall send to the Department an amount equal to ten percent (10%) of the net income from any fundraising projects or activities, which will include a detailed financial report of the project or activity.

Section 7.7:  Each chapter may conduct one (1) Forget-Me-Not drive annually in accordance with ARTICLE 15, Section 15.3, Para 5 of the National Bylaws.  Chapters conducting such drives shall send to the Department Adjutant, within ten (10) days subsequent to the date, a report of the same accompanied with a check in the amount of ten percent (10%) of the next income as prescribed in ARTICLE 13 – SOURCES OF REVENUE, Section 13.4 of the Department Bylaws.  

Section 7.8:  Any chapter violating this ARTICLE, all Sections, shall be subject to suspension.                                         

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Section 7.9:  No local DAV chapter, unit of the DAVA, and Order of Trench Rats Dugout shall conduct any fundraising project or activity without prior approval of                                                  

the Department.  Units of the DAVA wishing to conduct a fundraising project or activity must request prior approval from the home chapter and the Department.   Order of Trench Rats Dugouts must request prior approval from the Department.                                             

 

Section 7.10:  No local DAV chapter, unit of the DAVA, Dugout of the Order of Trench Rats shall open or operate a Club House, Chapter Center or Unit Home without prior approval of the DEC                                                                            

 

Section 7.11:  Any DAV chapter, unit of the DAVA, and Order of Trench Rats Dugout violating any of the National and Department Constitution, Bylaws and Regulations shall/may be suspended by the Department Commander under the provisions of the National Constitution, Bylaws and Regulations.

ARTICLE 8 – DEPARTMENT OFFICERS

 

Section 8.1:  Elected Department Officers:  The Department Convention shall elect a Department Commander, Senior Vice Commander, First, Second and Third Junior Vice Commanders, Judge Advocate, Inspector General, Chaplain, Treasurer, three (3) Finance Committee persons and three (3) Blue Hat Committee persons.                                                                 

Section 8.2:  Appointed Department Officers:  Immediately following the adjournment of the Department Convention, the Department Commander shall appoint an Adjutant, Sergeant at Arms, Historian, Chief of Staff, three (3) members to the Department Audit Committee, three (3) members to the Department Grievance Committee, Women’s Veteran Committee, OVAP Committee and any other such officers or committees as deemed necessary.  No such appointments shall be valid or effective unless approved by majority vote of the DEC, except as hereinafter provided or entitled to vote at a Convention by reason of such appointment.

Section 8.3:  Department Officers Report:  A Department officers report shall be submitted to the National Organization within ten (10) days after the election and installation of newly elected or appointed Department Officers or in the event of any subsequent change in the Department officers during the membership year.                                                                                                                                           

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Section 8.4:  Officers Duties:

 

Para 1:  Department Commander:  Along with the duties or powers set forth in the National or Department Constitution, Bylaws and Regulations, the Department Commander shall be the presiding officer of the Department Convention, DEC and such other committees as may be authorized by the Convention or by the DEC.  The Commander in office at the time of the National Convention shall be the Department Delegate to such Convention.  The DEC shall elect an alternate Department Delegate, who shall serve as the delegate in the event the Commander does not attend such National Convention.  The Commander, or the next highest officer present (in Commanders absence), shall preside at the Department Convention and at all meetings of the DEC.  The Commander shall countersign all checks and vouchers issued by the Department Treasurer.  The Commander shall have the right to authorize any other delegate to preside at any meeting if the Commander is present.  The Commander will ensure the Department Adjutant reads, understands and signs the Adjutant Duties and Responsibilities within 30 days after the Department Convention has concluded to ensure duties are understood and perform, with subsequent evaluations every 90 days thereafter.  The Commander may also conduct an evaluation report of the Department employees (Department Secretary, Hospital Service Coordinators  (HSCs)) at his/her discretion.                                                                                                                   

Para 2:  Department Adjutant:  The Department Adjutant shall keep a thorough and complete record of all business conducted by the Department and the DEC.  He/she shall conduct all necessary correspondence; carry into effect all motions, orders and resolutions adopted by the Department Convention and the DEC, not otherwise assigned.  He/she shall keep a list of the chapter members, duplicate records of all DEC meetings, in writing, of time and place of regular or special meetings and perform such duties as may be assigned him/her by the Department Commander.  He/she shall serve as secretary to the DEC, without vote, and be responsible for the membership drives, Forget-Me-Not campaigns and other continuous activities of the Department as may be assigned to him/her.  Immediately following the adjournment of the Department Convention, he/she shall forward an Officers Report giving the name, title and addresses of each elected/appointed Department Officers designating which of the officers is to receive mail from the National Organization on behalf of the Department.  The Adjutant shall be the supervisor of all the Department service activities.  He/she will promote harmony in the activities of the Department and Chapter Service Officers with the Department of Veterans Affairs.  He/she will be

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responsible for seeing that chapter appoints a prudent person who can be trusted to keep the nature of service work confidential, as the official Chapter Service Officer.  At the discretion of the Department Commander, the Adjutant will assist the National Service Officers at the Department and Chapter Service Officer’s schools/training seminars at the Department Convention and Fall/Spring Conferences.  The Department Adjutant will ensure department employees (Office Administrator, HSCS) read, understand and sign the Department Employment Policy Letter within 45 days after the Department Convention has concluded to ensure duties are understood and perform, with subsequent evaluations every 90 days thereafter.

Para 3:  Department Judge Advocate:  The Department Judge Advocate shall be the legal advisor of the Department.  He/she shall, upon request of the Department Commander, the DEC or the Department Convention, render his/she opinion upon all questions directly concerning the Department as to disputes between chapters.  He/she shall also act as Parliamentarian at the Department Convention and act for the Department in the approval of all Chapter Constitutions and Bylaws and amendments thereto.  Upon receiving the written opinion of the Judge Advocate upon any forgoing matters the Department Commander shall render his/her decision, which shall be subject to appeal to the DEC, and after action by the DEC, to the next Department Convention, providing that written notice of intention of appeal is given to the Department Adjutant within thirty (30) days from the decision of the Department Convention, may be made to the National Organization as provided in the National Constitution and Bylaws.  All opinions of the Judge Advocate shall be advisory only.                      

 

Para 4:  Department Inspector General:  The Department Inspector General under the supervision of the Department Commander and/or the DEC, shall investigate any alleged violation of the National, Department and Chapter Constitution and Bylaws.  The primary purpose of the duties of this office is to guard the integrity and reputation of the DAV organization.  He/she shall make a written report of his/her findings and recommendations to the Department Commander and/or the DEC.                                                                

 

Para 5:  Department Treasurer:  The Department Treasurer shall receive and forthwith deposit all monies for the Department in such depository as designated by the DEC.  He/she shall make authorized disbursements only by duplicate vouchers, countersigned by the Department Commander, and retain a copy for his/her own files.  He/she shall keep a system of accounts approved by the DEC

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and shall preserve all receipts and vouchers for payment made.  He/she will submit to each member a financial statement at both the Fall/Spring Conferences.  He/she will render an annual financial statement to the Department Convention and forward a copy to the National Organization in accordance with the National Bylaws, ARTICLE 8 – STATE DEPARTMENTS, Section 8.4 – Financial Records, Reports.                                             

 

Para 6:  All Other Department Officers:  The duties and responsibilities of the remaining Department Officers shall be as prescribed in the Officer Ritual of the Organization and/or by the Department Commander.

 

Section 8.5:  Term of Office of Elected Officers:

 

Para 1:  The term of office of all DEC shall begin immediately following their installation at the Department Convention and continue until their successors have been duly elected and installed.  Such Executive Committee person shall serve in such capacity without expense to the Department, except as otherwise herein provided.

 

Para 2:  Removal for just cause of elected officers is subject to approval of two-thirds (2/3) vote of the DEC, when not in convening conferences/convention.

Section 8.6:  Term of Office for Appointed Officers:

 

Para 1:  The term of office for appointees by the Department Commander under the provisions of the Department Bylaws shall not exceed that of the appointing Commander and may be terminated at any time by the appointing Commander or terminates automatically at the adjournment of each Convention.  

Para 2:  Removal for just cause of appointed officers by the Department Commander is subject to approval of two-thirds (2/3) vote of the DEC, when not in convening conferences/convention.

 

Section 8.7:  Voting by Department Officers:

 

There shall be no voting by proxy.

 

 

 

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Section 8.8:  Vacancies:

 

Para 1:  In the event of the death, suspension, removal or inability of the Department Commander to serve, the Senior Vice Commander shall assume command, provided he/she is physically qualified and able.

Para 2:  In the event of the death, suspension, removal or inability of any other

Department officer to serve, the Department Commander with the approval of the DEC, may appoint an individual to serve out the remainder of term of said position.

 

Para 3:  Any Committeeperson may be recalled from his/her office by a majority vote of the DEC.  If a committeeperson is absent from two (2) consecutive  Department  meetings, without sufficient cause, the Department Commander shall declare his/her office vacant.  The Commander shall appoint a new Committeeperson to complete the term, subject to approval of the DEC. 

Section 8.9:  Department Officers Attendance at Chapter Meetings:

 

All Department officers must attend at least sixty percent (60%) of their regular chapter meetings in addition to being supportive and active in their respective chapters.  All Department officers must attend the Department Convention and the Fall/Spring Conferences.                                

 

ARTICLE 9 – AUXILIARIES AND SUBORDINATE UNITS

 

Section 9.1:  Auxiliary and Order of Trench Rats Dugouts units of the Department and Chapters shall abide by the provisions at set forth in ARTICLE 10 – AUXILIARIES AND THEIR SUBORDINATE UNITS, ARTICLE 15 – SOURCES OF INCOME, of the National Bylaws and the Department Bylaws.

 

ARTICLE 10 – MEMBERSHIP

 

Section 10.1:

 

Para 1:  Membership in the DAV, Department and Chapters shall be in accordance with the provisions of ARTICLE 11 – MEMBERSHIP of the National Bylaws.

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Para 2:  Any person who is a member of the Department shall be eligible to any elective or appointed office, except as otherwise provided by these Bylaws.

 

ARTICLE 11 – DEPARTMENT EMPLOYEES

 

Section 11.1  All employees shall be provided a position description outlining their

primary duties, work hours, lunch period, breaks, pay periods, paid holidays,

vacation, earned benefits, sick leave, unexcused absences, employment practices and conduct on the job.  The use of alcoholic beverages or illicit drugs in any form, by any employee, on the premises will not be tolerated and is subject to disciplinary action and possible termination of employment.  Job descriptions are attached to Constitution and Bylaws.                            

 

ARTICLE 12 – FINANCES

 

Section 12.1:  All expenditure and revenues of the Department shall be under the direct supervision of the Department Finance Committee, which shall be composed of the Department Commander and three (3) members elected from the Department Convention.  The Committee shall elect a Chairperson.

Section 12.2:  It shall be the responsibility of the Department Finance Committee to provide for audits of all accounts and to see that the proper bonds are enforced on all officers and employees who are trusted with handling of  all funds and revenues.  It is to see that all bond premiums are paid and that the finances of the 

Department are handled at all times to secure en economic and businesslike administration of its financial affairs.               

 

Section 12.3:  The Department Finance Committee shall serve a two-fold purpose, namely, it is the advisory Council of the Department Commander on matters of finance and fiscal policy and shall serve as the watchdog of the Department Finances.  The Department Commander shall have the power to call special meetings on its initiative when any three (3) members thereof acting together, give proper notice of at least fifteen (15) days of time and place that the meeting is to be held, to all members of said committee.  The notice must also state the business to be considered at said meeting.   

 

 

 

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Section 12.4:  The Department shall operate under a budget, which must be set up by the Department Finance Committee.  This committee shall meet within forty-

five (45) days prior to the Department Convention.  The budget must be approved by two-thirds (2/3) majority vote of the DEC.  Once approved by the DEC, said budget must be approved at the Department Convention by a majority vote of the attending delegates.                                       

 

Section 12.5:  No funds of this Department will be used to make loans or advances                                                  

of any character to any promotion, individual, chapter or unit.

Section 12.6:  The sole power of the Department of Georgia, DAV to make gifts, contributions, grants, bequeaths, scholarships, awards, etc…,and changes in the budget shall be vested in the Department Convention.  Recommendations by the Department Finance Committee and the DEC shall be approved by a majority vote of the attending delegates at the Department Convention.

Section 12.7:  Each chapter shall keep a complete and full record of all monies received, expended and remitted.  All monies shall be deposited in the name of said chapter and the chapter shall have an accounting made annually of the same, a report of which shall be submitted to the National and Department Organizations.  For this purpose, the period covered will be from July 1st to June 30th of each year.

Section 12.8:  Department funds (from appropriate accounts) will be used to pay for the Department Commander, Senior Vice Commander and Adjutant only to attend the National Convention, Commanders/Adjutant Seminar, 9th District Meeting and Mid-Winter Conference.  Department funds (if available) may also be used to pay for those Department officers who are designated to attend other official functions/duties when representing the Department.

Section 12.9:  All Department of Georgia officers, employee, members and/or committee persons who are so identified in the approved department budget will be paid only for the reimbursement of their actual expenses by submitting an expense report, duly supported by the appropriate receipts.  These expenses may cover travel, lodging, postage, office supplies and other expenditures as determined and approved the DEC.  No payments will be made solely on the basis of the approved 

budget or allocation of funds.  Failure to stay until completion of National and Department conventions/conferences/meetings and attendance at all required meetings/seminars will result in a partial payment reimbursement based on time of participation at these functions.  

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Section 12.10:  Travel vehicle expenses (mileage) will be paid per the fuel marker index (shown below).  An expense report for only mileage (if only expense being reported) with actual miles and appropriate receipts can be submitted or can be included with other expenses (as mentioned in Section 12.9 of this Article) with approved receipts can be made.  Fuel marker index is as follows:

Price Per Gallon                                        Department Payment Per Mile

$2.25 - $2.34                                                                .25

$2.35 - $2.44                                                                .30

$2.45 - $2.54                                                                .35

$2.55 - $2.64                                                                .40

$2.65 - $2.74                                                                .45

$2.75 – or higher                                                          .50 (Capped)

                                                                             

ARTICLE 13 – SOURCES OF REVENUE

 

Section 13.1:  The revenue of this Department shall be derived from state per capita tax, Forget-Me-Not drives and from any source as may have been approved by the preceding Department Convention and/or by the Department Finance Committee and the DEC and by the National Executive Committee

Section 13.2:  All funds of this Department shall be deposited upon receipt thereof, in a bank or trust company as designated by the DEC

Section 13.3:  Each chapter shall send to the Department an amount equal to ten percent (10%) of net income from its annual Forget-Me-Not sale or any approved fund raising activity or project.  Each chapter shall send to the National Organization and to the Department Adjutant a report of income and expenses, assets and liabilities of the chapter for each fiscal year ending June 30.  The books and records of each chapter shall be open to inspection at all reasonable times by the Department Commander or any other members designated to act for him.

Section 13.4:  Department and chapters will abide by ARTICLE 15 – SOURCES OF INCOME of the National Bylaws and National Regulations of the National Executive Committee when conducting contract fundraising approved by National Headquarters (ie: Golden Corral and others).

 

 

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Section 13.5:  Any chapter violating any part or provisions of this article shall be subject to suspension of its charter.              

 

ARTICLE 14 – DISCIPLINARY ACTIONS

 

The Department and Chapters shall abide by the provisions of ARTICLE 16 – DISCIPLIARY ACTIONS of the National Bylaws.

 

ARTICLE 15 – INCORPORATIONS, AFFILIATIONS

AND OTHER ASSOCIATIONS

 

The Department and Chapters shall abide by the provisions of ARTICLE 17 – INCORPORATIONS, AFFILIATIONS AND OTHER ASSOCIATIONS.

 

ARTICLE 16 – MISCELLANEOUS

 

Section 16.1:  There shall be established a National Service Office Travel and Expense Fund.  This fund would be utilized by the National Service Officers assigned to the Department of Veterans Affairs Regional Office, Decatur, Georgia, to carry out their respective duties.  This fund can and may include travel, lodging, parking, office supplies and expenditures as determined by the DEC.  National Service Officers assigned to Decatur Regional Office, may attend upon invitation of the Department Commander, and be heard, without vote.

Section 16.2:  Reference National Constitution, Bylaws and Regulations, especially REGULATION 11 – CONFLICT OF INTEREST POLICY, which refers to members of the National Executive Committee (NEC).  The policies as set forth in this Regulation will also apply to all Department of Georgia, DEC members.                                                       

ARTICLE 17 – AMENDMENTS

 

Section 17.1:  These Bylaws shall be amended by a two-thirds (2/3) vote of the delegates present and voting at the Department Convention.  Any proposed changes to these Bylaws will be brought forth during the convention.  No amendment shall conflict with the National Bylaws.  If said amendments are adopted, they shall become effective immediately, pending final decision and

 

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