Disabled American Veterans, DAV,

Gerald A. Shonk, # 70, Inc.

Inverness, Florida

Constitution and Bylaws


Constitution


Article 1 - Name


Section 1.1: The name of the Chapter shall be Disabled American Veterans, DAV, Gerald A. Shonk, # 70, Inc., Inverness, Florida.

Article II - Purpose


Section 2.1: The Purpose of this Chapter is to assist Disabled American Military Veterans by supporting the programs of the Disabled American Veterans as Defined in the National Constitution and Bylaws.

Article III - Membership


Section 3.1: Membership in this Chapter shall conform to the requirements as set forth in the National Constitution and Bylaws.

Article IV - Administration


Section 4.1: The Administravtive affiars of the Chapter shall be vested in the Executive Committee in emergencies only and all other actions of the Executive Committee must be ratified by a simple majority of the Chapter.

Section 4.2: The Executive Committee shall be composed of the Commander. Senior Vice Commander, Junior Vice Commander, Treasurer, Immediate Past Commander and all other officers as may be necessary to operate the Chapter.

Article V - Executive


Section 5.1: The executive power of this Chapter shall be vested in the Chapter Commander.

Article VI - Auxiliary


Section 6.1: This Chapter recognizes a Chapter Auxiliary

Article VII - Amendments


Section 7.1: The Chapter Constitution and By-Laws may be amended at any Chapter meeting providing:

a. All members are notified of the proposed changes prior to each of the two meetings.

b. The proposed changes are presented at two consective meeting prior to the voting at the third meeting.

c. Voting at the third meeting will be held and a two-thirds majority vote of the members present is required for adoption.

d. The new constitution or By-laws will be forwarded to the Florida Department for approval and they will forward it to the National Judge Advocate for final approval.

e. The new constitution or By-laws will be effective only after national approval is received.

Attest: Adopted after the final reading on 8 May 2012.

signed: Chapter 70 - Richard Floyd, Commander - Chapter 70 - Kenneth Stewart, Adjutant

This is only a web copy of the Chapter Constitution and By-Laws - copy at the Chapter - dated 12-12-12 by Nat'l

Article 1 - Organization


Section 1.1: This Chapter 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. (National Bylaws Article 9 section 9.1 Para 2 and Florida Department Article 2 Section 2.6)

Section 1.2: The Governing body of this chapter shall be the chapter in session, except as provided in the Constitution.

Section 1.3: Records of the proceedings of the chapter Executive Committee shall be kept by the Adjutant and are open for inspection by any member in good standing.

Article 2 - Charter


Section 2.1: The charter of this Chapter, as issued by the National Executive Committee, is the authority to function and shall be displayed behind the Commander's station at all regular meetings.

Article 3 - Executive Committee


Section 3.1: The Executive Committee shall be composed of the Commander who shall be the presiding officer. Senior Vice Commander, Junior Vice Commander, Treasurer, Adjutant, Chaplain, Sergeant at Arms, immediate past Commander and all other officers as may be necessary to operate the Chapter.

Section 3.2: The Executive Committee shall meet at the Commander's direction and seven day; prior to a Chapter meeting. A meeting of the Executive Committee shall be called, within twenty days, by the Commander upon written request by forty percent of its officer members. (National Bylaws Article 4 section 4.3 Para 2)

Section 3.3:
Chapter Members may attend without voice or vote, and with unanimous consent of the Committee, may be recognized at which time such a member may offer comments and suggestions. The Adjutant shall present the minutes of the Executive Committee meeting at the next regular meeting.

Section 3.4:
A majority of officers (Commander and four other officers), (or at least 5 members) shall constitute a quorum for a meeting.

Section 3.5:
The administrative affairs of the Chapter shall be vested in the Executive Committee in emergencies only. All other actions of the Executive Committee must be ratified by a majority of the Chapter members.

Article 4 - Officers


Section 4.1: The Chapter shall elect a Commander, Senior Vice Commander, Junior Vice Commander (may have four). Treasurer, Chaplain, Sergeant at Arms, and other officers as may be necessary to operate the Chapter, (see DAV Chapter Officers Guide for specific duties and responsibilities)

Section 4.2: The Commander shall appoint the Committee's Chair. With the exception of the Nominating Committee and other officers (i.e. Adjutant) as may be necessary to carry out the business of the Chapter.

Section 4.3: A Chapter officer report shall be submitted by the Adjutant to the State Department and National Organization within ten days after installation of newly elected or appointed Chapter officers in May each year or in the event of any subsequent changes in the Chapter Officers in the membership year. (National Bylaws Article 9 Section 9.2 Para. 3)

Section 4.4: The Commander shall be the presiding officer and, in his absence, the duty will fall to the next highest officer in line of succession.

Section 4.5: The Senior Vice Commander shall be the Membership Chair and as such is responsible for campaigns to increase membership, (see DAV Chapter Officers Guide for specific duties and responsibilities)

Section 4.6: The Commander and Treasurer shall be the only elected officers to be designated as officers to keep an accurate record of all funds received and distributed and shall deposit all received funds in the name of the Chapter as soon as possible. The Treasurer shall make a report on finances at each meeting and records shall be open to any member in good standing when they request that record(s) in writing through the Executive Committee.

Section 4.7: The Treasurer shall submit the annual financial report to the State Department and National Organization within ninety days after the close of the accounting year of the Chapter.

Section 4.8: The Treasurer shall file the appropriate IRS form(s) with the Internal Revenue Service on time annually in order to maintain the Chapter's 501.(C)(4) Organization Tax Exempt status.

Article 5 - Qualifications


Section 5.1: Any member in good standing shall be eligible to run for any elected or appointed office. (National Bylaws Article 11 Section 11.7)

Section 5.2: Any member should inform the Commander when they are interested in filling one of the appointed positions.

Section 5.3: All members are encouraged to participate in Chapter activities and to run for Chapter offices.

Article 6 - Tenure of Office


Section 6.1: Officers shall be nominated during the March, April meeting and again immediately prior to the May election meeting. A member who is nominated must be present in order to accept or decline the nomination.

Section 6.2: Elected and appointed officers shall be installed prior to the Department Convention each year. They shall serve for a one year term or until newly elected or appointed officers have been installed.

Section 6.3: Unexcused absence of any officer for three consecutive meeting shall be cause for removal. The Commander is empowered to appoint a member to serve the unexpired term, with the approval of the Chapter.

Section 6.4: In the event the office of the Commander is vacated for any reason, the Senior Vice Commander shall be elevated to Commander. The Junior Vice Commander shall be elevated to Senior Vice Commander and the vacancy filled as outlined in this Article.

Section 6.5: A majority vote of members present is required to elect a candidate for any office. A majority vote is also required to elect delegates or alternates to a State or National Convention. If there are less delegate and alternate candidates than the number to which the Chapter is entitled, then all candidate nominated for delegate or alternate shall be declared elected.

Article 7 - Membership


Section 7.1: The same procedures shall apply to transfers: The Commander or Adjutant shall provide final approval and sign all transfer requests for transfer into Chapter 70 after the approproate investigation. (see Article 7 section 7.1 above)

Section 7.2: No applicant shall be denied Chapter membership if they meet eligibility requirements as set forth in the National Bylaws Article 11 Section 11.2 and 11.3

Article 8 - Finances


Section 8.1: The Commander and Treasurer are the only two elected officers designated to deposit all funds in the name of the Chapter and may co-sign on all checks. The Adjutant is the only appointed officer who has this same authority. All checks shall have a least two of these afore mentioned officer signatures upon them.

Section 8.2: The treasurer shall be charged with the handling of all Chapter funds.

Section 8.3: No Chapter money shall be spent or obligated by any Chapter member without prior approval by the Chapter Membership. The exceptions to this bylaws:
a. The Commander may authorize routine purchases such as office supplies and postage per month not to exceed a combined value of $250.00. Such expenditures shall be reported to the membership at the next scheduled meeting.
b. The Commander may authorize emergency facility reparis for the building such as broken pipes or damage to the roof or doors, such expenditures shall be reported to the membership at the scheduled meeting.
c. The Executive Committee may also make emergency expenditures not to exceed $250.00. These emergency expenditures are limited to when essences of time require such expenditures.


Article 9 - Meetings


Section 9.1: Chapter meetings shall be held at least once a month except during the months of July and August. Meetings dates to be set by a majority vote of the Chapter in session.

Section 9.2: Place and time of meeting shall be determined by the majority of the Chapter.

Section 9.3: Rules of Chapter meetings shall be as follows:
a. A quorum shall consist of at least five members in good standing.

b. Discussion of personal grievances will not be in order from the floor unless brought out by the Grievance Committee.

c. Matters concerning an individual, with respect to only their own interest, may not be introduced, but may be taken before the correct committee.

d. voting shall be by hand vote, unless ballot is requested by at least seven members. Voting may be by ballot vote for elections.

e. Robert's Rules of Order, latest edition, shall govern, except as specifically stated.


Article 10 - Committees


Section 10.1: All committees shall meet at the call of the Commander or Chair.

Section 10.2: Committees shall consist of no less than three members including the Committee Chair. Committee members shall be appointed by the Committee Chair, with the exception of the Nominating Committee, which shall be elected by the Chapter (see Article 4.2)

Section 10.3: The Commander shall be a non-voting member of all committees with the exception of the Nominating and Audit Committees. These committees are independent of the Commander, but will report back to the Commander and members of the Chapter.

Section 10.4: The Chapter shall have an Audit Committee, (see Section 10.2) The Audit Committee shall excude the Commander, The Senior Vice Commander, The Treasurer, Adjutant, and the Finance Committee Chair. The Audit Committee shall conduct an annual audit in accordance with the requirements of National Bylaws Article 9, Section 9.3 and Florida Department Bylaws Article 10 Section 10.3 Para 4.

Article 11 - Miscellaneous


Section 11.1: These Bylaws may be amended after notice is given a least at two consecutive Chapter meetings by a two thirds vote of those present and voting, and subject to the approval of the Florida Department and National Judge Advocate.

Section 11.2: A Copy of the Constitution and Bylaws shall be affixed to the back of the framed Charter to prevent its loss and that they may always be available for reference.

Section 11.3: If the current Constitution and Bylaws becomes inconsistent with the provisions of Constitution and Bylaws of lawful mandates, decisions or regulations of either the State or National Departments now in force or as amended or adopted, the Chapter Constitution and Bylaws shall be amended to conform to the new State or National provisions. At the munumum the Chapter Constitution and Bylaws shall be reviewed each year upon receipt of the new National Bylaws.

Section 11.4: All disciplinary actions will be handled per Article 16 of the National Bylaws.

Section 11.5: Upon disolution of the Chapter, the assets remaining after the payment of its debts shall be distributed as provided in Article 6, Section 6.4, Paragraphs4, 5, and 6 of the National Bylaws. (see National Bylaws Article 9 Section 9.1 Para 2)

Section 11.6: If the Chapter decides to merge with another Chapter a written request shall be submitted to the State Department advising them of that request. (Florida Department Article 10 Section 10.5)

Attest: Adopted after the final reading on 8 May 2012.

signed: Chapter 70 - Richard Floyd, Commander - Chapter 70 - Kenneth Stewart, Adjutant

This is only a web copy of the Chapter Constitution and By-Laws - copy at the Chapter - dated 12-12-12 by Nat'l

Added and updated: March 29, 2013/April 10, 2014 transed to .org - Joe Stephens-Webmaster