This page now reflects the amendments voted
on and passed by the membership at the general membership meeting
May 12, 2007. Additionally, on correction should be noted that
was an error when the most recent past By-Laws were presented to the
membership with proposed amendment changes approved. The error
was within Article IV "Officers of the Organization," Section XI, "Officer
Eligibility," Item 4. It now appears in the approved and corrected form.
Further, if any member should so desire proof, Rebecca has the
notes from the meeting of the By-Laws committee in which the changes
were made. These notes were copies supplied to the Chairman of
the By-Laws Committee and were given to the Recording Secretary
to file.
Howard County Vietnam Veterans and Veterans Organization, Inc.
By-Laws
May 12, 2007
ARTICLE I: IDENTIFICATION
For any and all purposes, the name of this organization shall be the Howard County Vietnam Veterans and Veterans Organization, Inc.
ARTICLE II: STATED PURPOSES
The stated purposes of this organization are as follows:
1. To work for the betterment of all veterans.
2. To provide service to veterans.
3. To serve our community, state and nation.
4. To promote the Annual Indiana Vietnam Veterans Reunion.
5. To preserve, maintain and promote improvements to any and all property(s) owned and operated by the Howard County Vietnam Veterans and Veterans Organization, Inc.
ARTICLE III: MEMBERSHIP
SECTION I: MEMBERSHIP CLASSIFICATION
There are five classes of members; if a veteran, then a copy of the DD214 or other appropriate documentation shall be kept on file in the office.
Vietnam veterans are any persons, who as members of the Armed Forces of the United States served in the country of Vietnam or the Vietnam Theater between July 7, 1959 and May 7, 1975. Proof of service shall be made by submission of a DD214 form or by other such evidence as determined by the Executive Board of Directors of HCVVVO.
Vietnam era veterans are any persons who served as members of the Armed Forces of the United States, including reserve components between July 7, 1959 and May 7, 1975. Proof of service shall be made by submission of a DD214 form or other such evidence as determined by the Executive Board of Directors of HCVVVO.
Veterans are any persons who have served in the Armed Forces of the United States in any war or designated active military conflict and/or during peacetime. Proof of service shall be made by submission of a DD214 form or other evidence as determined by the Executive Board of Directors of HCVVVO.
Associate (supporting) members are any persons who are interested in and/or who support through active participation, the stated purposes of HCVVVO.
Honorary members are any persons under the age of eighteen (18) who have a relative who is a member in good standing of HCVVVO. Honorary memberships shall not include voting privileges.
SECTION II: MEMBERSHIP TYPES
A single/annual membership is a membership awarded at an annual cost to be determined by the Executive
Board of Directors.
A single/lifetime membership is a membership awarded at a one-time cost to be determined by the Executive
Board of Directors.
SECTION III: MEMBERSHIP REQUIREMENTS
1. The Executive Board of Directors of this organization shall review all applications for membership and
reserves the right to deny any application for membership.
4. The Executive Board of Directors, by majority vote of a quorum present, may terminate the membership of any
individual for violation of any of the stated By-Laws of the organization. Any member whose membership is
terminated may, in writing or in person, appeal the decision of the Executive Board of Directors within thirty
(30) days of receipt of notice of said termination. The appeal shall be considered at the first meeting of the
Executive Board of Directors and membership meetings following documented receipt of said intention
to appeal.
ARTICLE IV: OFFICERS OF THE ORGANIZATION
SECTION I: EXECUTIVE BOARD OF DIRECTORS
The Executive Board of Directors of the organization shall consist of the following:
1. President
2. Vice-President
3. Financial Secretary
4. Judge Advocate
5. Recording Secretary
6. Sergeant-At Arms
7. Trustees: five (5) or more, but only as an odd number and only as approved by the existing Executive Board of Directors.
8. Chaplain
All members of the Executive Board will have full voting privileges with the exception of the President, who shall only vote in case of a tie.
SECTION II: FINANCIAL BOARD OF DIRECTORS
The Financial Board of Directors shall consist of the following:
2. Four (4) members, at least two of whom shall be documented veterans from any branch of the Armed Forces and
members in good standing of the organization.
SECTION III: DUTIES AND RESPONSIBILITIES OF THE FINANCIAL BOARD OF DIRECTORS
SECTION IV: OFFICERS OF THE ORGANIZATION
The Officers of the organization shall consist of the Executive Board of Directors, the Financial Board of Directors, the POW/MIA Representative, the Veterans Affairs Representative and the most recent past President.
1. Duties of the POW/MIA Representative: the POW/MIA Representative shall represent the organization in all matters
pertaining to POW/MIA affairs, shall pursue all information on such issues and shall report such information to the
the organization.
2. Duties of the Veterans Affairs Representative: the Veterans Affairs Representative shall represent the organization
in all matters pertaining to Veterans affairs, shall pursue all information on such issues and shall report such
information to the organization.
3. The past/prior President shall offer advice and/or consultation to the New President on such issues which are
addressed to the past President.
SECTION V: NEW PRESIDENT/PRIOR PRESIDENT
When a new president is elected, the prior President shall assume a position as an Officer of the organization.
SECTION VI: LENGTH OF TERM OF OFFICE
All elected officers shall be elected for a term of two (2) years. The President may serve 2 consecutive 2-year terms in office, then will not be allowed to accept a nomination for the office of President of HCVVVO during nominations for the biennial election immediately following the conclusion of the 2nd consecutive 2-year term to which he/she was elected.
SECTION VII: DUTIES OF THE EXECUTIVE BOARD OF DIRECTORS
b. The President shall preside over the daily functions of the organization in conjunction with the Executive Board of Directors and the membership.
c. In the event that a quorum consensus of the Executive Board of Directors cannot be obtained in regards to daily functions of the organization, or when events or circumstances beyond the control of the President occur, the President shall have the authority to act on behalf of the organization.
d. The President shall be responsible for appointing Annual Reunion Committee Chairpersons and a By-Laws
Committee within thirty (30) days of assuming office. The By-Laws Committee shall consist of the Chaplain, 2 additional Executive Board members, 2 non-officers who are members in good standing of the organization, and the Recording Secretary.
e. The By-Laws committee appointed shall remain active and in effect until the term of the President expires; including the current By-Laws committee appointed for 2006.
f. The Recording Secretary shall be a member of the By-Laws committee for the purposes of recording the minutes of the meetings of the committee, but shall not have voting privileges.
g. The Annual Reunion Committees shall consist of the following:
i. Grounds
ii. West Gate
iii. North Gate
iv. Beer Barn
v. T-Shirt Barn
vi. Wood
vii. Food Vendor
viii. Retail Vendor
ix. Water and/or Fire Brigade
x. Security
xi. Entertainment/Stage
xii. Golf Cart Rental
xiii. Garbage Collection
xiv. Camping
xv. Fundraising
xvi. HCVVVO Kitchen
h. All committee chairpersons have the authority to delegate
responsibilities to committee members and shall perform their duties
in accordance with general guidelines to be kept on record in the
organization’s office. The guidelines may be revised by the
committee chairperson as he/she sees fit in the performance of said
duties.
a. The Vice-President shall assist the President, and in the
absence of or incapacity of the President, shall perform the specified duties of the President.
a. The Financial Secretary shall be the custodian of all funds of the organization, shall account for all receipts and
disbursement of funds, shall maintain all financial records and shall prepare all financial reports for the Organization.
b. The Financial Secretary shall prepare and present a monthly financial report to the membership at the monthly membership meeting.
c. The Financial Secretary shall submit a report detailing the results of the quarterly audits conducted by the Financial Board of Directors at the first meeting of the general membership following receipt of the audit results.
a. The Judge Advocate shall investigate any alleged incidents of violation of the By-laws of the organization
brought before him/her by the Trustees for consideration and has the authority to attempt to arbitrate a settlement
between the parties involved in the alleged incident.
b. The Judge Advocate shall have the authority to appoint an Assistant Judge Advocate to assist him/her in
addressing any issues brought before the Judge Advocate for consideration.
c. The Judge Advocate shall have sole responsibility and authority to interpret the By-Laws of the organization.
a. The Recording Secretary shall keep a list of all members of the organization and shall document and/or make available the minutes of the meetings of the Executive Board of Directors and membership. He/she shall also be a member of the By-Laws committee without a vote, in order to record the minutes of the meetings of the committee.
The Sergeant-At-Arms shall maintain order at all
7. Trustees:
a. The Trustees shall assist in running the organization, shall be responsible for the first hearing of any
petitions filed in regards to violations of the organization's By-Laws, and shall help with the maintenance
of and/or upkeep of any property(s) of the organization.
b. At least one trustee must be present on site during any rental event on the property.
c. The elected trustee with the highest number of votes for a trustee's position of the Executive Board of
Directors shall have the opportunity to accept or reject the position as Head Trustee. If the choice of
preference is rejection, then the elected trustee with the next highest recorded number of votes shall be
made an offer to accept the position. In the event of tie votes during the election, then the toss of a
coin will constitute a "tie-breaker."
8. Chaplain:
The Chaplain shall provide spiritual guidance for the organization and shall lead the opening prayer
at all meetings at which the Chaplain is in attendance.
SECTION VIII: ELECTIONS
1. An election committee shall be formed which shall consist of a Chairperson
nominated and approved by the general membership, the Sergeant-At-Arms of
HCVVVO, and at least two members in good standing of the organization
nominated and approved by the general membership at the membership meeting in August of the
election year.
2. The election committee shall oversee the election and be responsible for counting and recording all
vote ballots.
3. The election committee shall prepare a report documenting the election results and present the
results to the membership.
4. Election of the officers of the organization shall be held biennially on the first Saturday meeting
in October.
5. Nomination of officers shall be held twice at the membership meetings in September.
Once nomination proceedings are opened, the President shall dispense with the transactions
of business until nominations are complete. Once the nominations are officially closed, no other
nominations shall be allowed. No nominations shall be taken at the biennial election occurring
at the first October meeting.
6. To accept a nomination, a person must be present at one of the meetings when nominations are
held.
7. Newly elected officers shall take office with the opening of the next scheduled meeting of the Executive
Board of Directors.
8. A person may be nominated for more than one office, but cannot hold more
than one office at any one time. At the final nomination meeting, a person
with multiple nominations must accept or decline the nomination for a specific office before the close of
nominations for that office..
SECTION IX: VOTER ELIGIBILITY
The following requirements must be met by each person eligible to vote in any
biennial election of officers:
1. The person must be a member and must be eighteen (18) years of age.
2. The person must be a member in good standing with the organization:
3. Good standing is herein defined as follows:
a. If already a member, the member’s renewal dues must be paid and
approved by the Executive Board of Directors before or at their meeting
in the month that the person’s membership is to expire (a membership
renewal not paid on or before its expiration shall be considered a new membership).
b. If a new member, the member's dues must be paid and approved by the Executive Board of Directors
before or at their last meeting in July of the election year.
c. The member has abided by and continues to abide by the By-Laws.
SECTION X: VOTING PROCEDURES
1. For each biennial election, the polls shall open at 9:00 am and shall remain open until 5pm
at the first Saturday membership meeting in October.
2. The election committee chairperson shall ensure that the election board received two copies
of a list setting forth the names of the members who are eligible to vote (eligible voter roster),
and the voter must provide a copy of his/her current membership card, verifying current dues
have been paid. The election committee chairperson will make the appropriate number of election
available.
3. All eligible voters must sign the eligible voter roster in order to receive a ballot.
4. In case of a tie, the run-off election shall be held at the next scheduled membership meeting.
5. All voting is to be done by secret ballot.
6. Once the polls are closed, no further voting shall be allowed.
7. Results of the election shall be given to the President to file in the permanent
records of the organization. Election results and/or counts will be posted in
the meeting room. If a candidate in a contested office so desires, he/she may
assign a representative to sit in on the vote count to verify the nominee’s vote countount.
8. To accept a nomination, a person must be present at one of the meetings when nominations are held.
9. A member must be present to vote at the biennial elections. There shall be no proxy or absentee voting.
10. To vote you must show you membership card to be verified by the membership roster.
11. Any officer’s vacancies are to be filled by a 2/3 majority vote, of a quorum of the Executive Board of
Directors. A quorum is defined as 9 Executive Board members with voting privileges present
12. If a board member/officer is unable to perform their duties temporarily due to illness, surgery, or other a
disability, then that person shall be granted a temporary leave of absence by the Executive Board of
Directors, who shall appoint an individual pro-tem to fulfill the duties of an organization officer,
with the exception of the position of President. In the event the President requests and is
approved for a leave of absence, the Vice-president shall fulfill the responsibilities of the President
until the President can resume those responsibilities.
13. In case of vacancy of the office of Vice-President, the position will be filled by a special election of the
general membership.
14. Trustees shall not move up to fill a vacancy in the Executive Board; thus, if an individual serving on
the Executive Board of Directors should prefer not to move up to fill a vacancy, then the position
will be filled by appointment of the Executive Board of Directors.
15. In the event that the Financial Secretary is being considered to move up in position on the
Executive board to fill the vacated office of President, Vice-President, or Head Trustee,
the Financial Secretary must be able to document designation as an "in-country" veteran.
16. If a board member/officer resigns, quits, or otherwise fails to fulfill their duties as outlined in the
By-Laws in any situation other than with assigned leave of absence, then that individual will not
be reinstated to said position during the time period in which they were elected to that position
and will not be eligible to accept a nomination for any officer’s position during the first biennial
election following the time period in which they were elected and "resigned/quit."
17. In the case of a tie number of votes for an elected position, then the toss of a coin shall
constitute a "tie-breaker."
SECTION XI: OFFICER ELIGIBILITY
All positions of the Board of Officers, with the exception of the past/prior President, shall be open for nomination.
To seek an office/Board position within HCVVVO, the following requirements must be met:
1. If the membership of an individual is revoked, or the individual is place on probation
for a violation of the stated offenses of the organization's By-Laws, if/when the membership
is reinstated and/or the suspension is lifted, then said individual may not be appointed to
a position on the Board of Officers of the organization for a period of time up to AND
including the next biennial election.
2. The person must be a member and must be at least eighteen (18) years of age.3. The person must be a member in good standing of the organization and must have been an
active member for a period of one year prior to the biennial election with at least one year of
documented service to the organization and must have attended at least 50% of
the meetings.
4. The office of President and Vice-President of the organization must be filled by "in-country"
Vietnam veterans.
5. “In-country” shall be defined as any person who has served in a hostile territory during any declared
war or designated active military conflict.
6. The Executive Board of Directors shall be made up of 70% "in-country" veterans. The remaining 30% of the
Executive Board of Directors may be filled by Vietnam era veterans, veterans or associate members.
7. In the event that a 70% quota of officers of the Executive Board of Directors cannot be achieved
by nomination and/or election, then the vacancy(s) will be filled by a 2/3 majority vote of a quorum of
the incoming Executive board by appointment on or before December 31st of the election year.
During the time period in which the executive board is considering the appointment, the
previously elected Executive Board member whose position is to be filled will continue to execute
the duties of that position until the new appointment is made.
8. If a veteran, a DD214 form must be submitted to the election committee or to the President at the time of
nomination to show proof of service and to meet the requirements of maintaining a 70% quota
of “in-country” veterans. If a DD214 form is not turned in, the person’s name cannot be put on the
election ballot.
ARTICLE V: REMOVAL OF AN OFFICER
An officer can be removed from an official position with the Board of Officers
with a 2/3 majority vote of a quorum of the Executive Board in favor of removal.
If an Executive board member fails to attend three consecutive board or
membership meetings without being excused, this will constitute reason for
removal.
ARTICLE VI: BUSINESS AFFAIRS AND PROPERTY OF THE ORGANIZATION
The business affairs and property(s) of the organization shall be managed by the
Executive Board of Directors of the organization.
a. Receipts must be presented as documentations of expenditures.
b. All important (legal and other) important documents of the organization
shall be stored and/or kept in a secure location, and made accessible to President, Vice-
President, Financial Secretary and/or Head Trustee.
c. Any finances and/or money taken in, in the absence of the Financial Secretary shall be
placed in the drop box along with documentation as to the source of money taken in. (e.g.
memberships, donations, etc.)
d. The Financial Secretary and Vice-President shall be responsible for recording and/or
deposit of the funds in the drop-box at maximum every three (3) months.
ARTICLE VII: MEETINGS
SECTION I: TIMES AND DATES
1. HCVVVO shall hold one meeting of the Board of officers on the first Saturday of each month
at 10 a.m. and/or at such times as deemed necessary by the President of the organization ,or
as deemed necessary by a 2/3 majority vote of a quorum of the Executive Board of Directors.
2. HCVVVO shall hold a membership meeting on the second Saturday of month at 10 am, or as
or as deemed necessary by the President.
3. The Executive Board of Directors has the authority to temporarily suspend a membership
meeting as deemed necessary for the benefit of members and/or the officers of the
organization, provided notice of said temporary suspension is announced at a membership
meeting.
SECTION II: CONDUCT AND ENFORCEMENT OF THE BY-LAWS
OF HCVVVO AT MEMBERSHIP MEETINGS
1. A person who is not a member may be asked to leave the meetings at any time.
2. A non-member with questions or comments may be given five (5) minutes for questions or
comments.
3. The President or Presiding Officer can call the meeting out of control and adjourned if the rules
are not abided by.
4. The order of Business for all membership meetings shall be as follows:
a. Call to Order
b. Posting of Colors
c. Pledge of Allegiance to the Flag
d. Moment of Silence and/or prayer
e. Roll Call of Officers
f. Introduction of guests and new members
g. New or Renewal of Memberships
h. Reading of minutes from the previous meeting
i. Report of the Financial Secretary
j. Reading of Bills and other Communications
k. Committee Reports
l. Property(s) Reports
m. Reunion Business
n. Old Business
o. New Business
p. Adjournment
SECTION II: VIOLATIONS OF THE BY-LAWS OF HCVVVO
AND OUTLINE OF ACTIONS TO BE TAKEN
a. Minor offenses and Major offenses.
b. Minor offenses will consist of the following:
i. Disrespect to any member/veteran and/or their spouse and children
ii. Irrational behavior ; including discriminatory language and/or behavior
related to sexual preference, religious preference, personal lifestyle choice
and/or "race."
iii. Lewd behavior; including indecent exposure, nudity and improper sexual
advances.
c. Major offenses shall consist of, but are not restricted to the following:
i. Theft of HCVVVO property.
ii. Physical contact with intent to harm, battery, assault, and/or domestic violence.
iii. Unauthorized use of HCVVO and/or others’ property.
iv. Destruction of HCVVO and/or others’ property.
v. Endangering others including their spouse and/or children.
vi. Use of firearms.
vii. Sale and/or manufacture of a controlled substance on the grounds of HCVVVO.
viii. Threats to members and/or their spouses and children.
ix. Falsification of DD214 and/or other imperative documents related to membership.
2. Outline of actions to be taken and the procedures to be followed in the event of an
offense will consist the following:
a. Any alleged incidents in regards to conduct and enforcement of the By-Law which
involve possible offenses must be brought to the attention of HCVVVO's trustees.
b. The trustees shall address the alleged incident and decide by majority vote what
charges, if any, should be filed, and the proposed appropriate disciplinary action.
Once a decision is reached, the incident and proposed disciplinary action(s) shall
shall be turned over to the Judge Advocate.
c. The Judge Advocate and/or assistant Judge Advocate will investigate the alleged
incident and if necessary, consult with those parties involved. The
Judge Advocate and/or assistant Judge advocate shall have the authority to
attempt to arbitrate a settlement.
d. The Trustees and/or Judge Advocate shall have the authority to call a meeting
of the Executive Board of Directors to address the petitioner's charge and proposed
disciplinary action(s).
e. The Executive Board of Directors shall give an advance notice of
(2) weeks to those parties involved in the alleged incident that a meeting will be held
to hear the charges and proposed disciplinary actions. The parties involved will
then have a chance to arbitrate the decision reached in regards to said incident.
f. Notification of the decision of the Executive Board of Directors shall be made to the offender
within thirty (30) days of the final decision.
g. The offender shall have no less than fourteen (14) days and no more than thirty (30)
days to appeal the final decision.
3. Disciplinary actions may consist of, but are not restricted to the following.
a. Verbal warning issued by a minimum of three (3) trustees in the presence of the offender.
b. Warning letter from the Executive Board of Directors issued by certified mail with
return receipt requested and including that any continuation of offense(s) could
result in suspension from the grounds and activities of HCVVVO (whether public or private)
for a period of 1 to 6 months.
c. Suspension from 1 to 6 months; depending upon the severity of the offense.
d. Termination of membership.
4. When a vote is taken by the Executive Board in regards to a decision of
disciplinary action, the vote will be taken by ballot and NOT by a show of
hands.
ARTICLE VIII: COMPUTERS OWNED BY HCVVVO
1. Any computers purchased and/or owned by HCVVVO shall be maintained
and operated only by officers of the organization designated with authority to maintain
and/or operate said computers.
2.. If the computers are sold and/or otherwise disposed of, the hard drive shall be removed
and retained by HCVVVO.
ARTICLE IX: AMENDMENTS
1. These By-Laws may be amended at any general membership meeting by a 2/3 quorum vote of the members present at that designated membership meeting provided that a change or an amendment of the By-Laws is made available to HCVVVO members. The proposed changes and/or amendments will be posted on the organization’s official website.
2. Any topic/issue not covered by the organization's By-Las shall be referred to ROBERTS RULES
OF ORDER for resolution, until such time as the By-Laws can be ammended.