CONSTITUTION
BLIND VETERANS NATIONAL CHAPTER #1
DISABLED AMERICAN VETERANS
PREAMBLE
For God and Nation and for our
commonwealth, we former members of the armed forces of the United States, having aided and
maintained the honor, integrity and supremacy of our County, holding in remembrances the
sacrifices in common made and drawn together by strong bonds of respect and mutual
suffering, solemnly and firmly associate ourselves together in creating the Blind Veterans
National Chapter #1, Disabled American Veterans, the principles and purposes of which
shall be supreme allegiance to the United States of America, fidelity to its Constitution
and Laws; to hold aloft the torch of true patriotism; to strive for a better understanding
between nations that peace and good will may prevail; to cherish and preserve the memories
of our military association and to aid and assist worthy wartime totally blind or
partially sighted veterans, their widows, their orphans and their dependents.
ARTICLE I
NAME
The name of this organization shall be
BLIND VETERANS NATIONAL CHAPTER #1, DISABLED AMERICAN VETERANS.
ARTICLE II
AUTHORITY & ALLEGIANCE
Section 1. Under the authority of
Article IV of the National Constitution of the Disabled American Veterans there is
established the Blind Veterans National Chapter #1.
Section 2. The Blind Veterans National
Chapter #1, Disabled American Veterans, hereinafter in this Constitution and these Bylaws
referred to as "The Chapter", agrees to abide by the provisions of the
Constitution and
Bylaws of the Parent Organization, The
Disabled American Veterans, as may be in force or as may hereafter be amended.
Section 3. 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. Upon dissolution of the Chapter, the assets
remaining after the payment of its debts shall be distributed as provided in Article 6,
Section 6.4, Paragraphs 5 and 6, of the National Bylaws.
ARTICLE III
PURPOSE
The purpose of this organization shall
be as set forth in the Preamble of the Chapter and in Article II of the Constitution of
the Parent Organization – The Disabled American Veterans.
ARTICLE IV
MEMBERSHIP
Section 1. Any man or woman who is
eligible for membership under Article III of the National Constitution of the Parent
Organization and who is legally blind as prescribed by the U.S. Federal Government shall
be eligible for membership.
NOTE: LEGAL BLINDNESS IS DEFINED AS
"CENTRAL VISUAL ACUITY OF 20/200, OR LESS, IN THE BETTER EYE WITH USE OF CORRECTIVE
LENSES OR VISUAL FIELD REDUCTION TO 20 DEGREES OR LESS."
Section 2. Blind Veterans National
Chapter shall not have Honorary Members.
ARTICLE V
OFFICERS
Section 1. The officers of the Chapter
shall be a Commander, Senior Vice Commander, four Junior Vice Commanders, a Judge Advocate
and a Chaplain.
Section 2. The Adjutant-Treasurer shall
be elected for a 4 year term and shall be relieved for just cause by the Executive
Committee.
ARTICLE VI
DUTIES
Section 1. The Commander shall be the
Presiding Officer of the annual reunion, at meetings of the Chapter’s Executive
Committee, and of such Committees as may be authorized by the reunion or Executive
Committee.
Section 2. In case of the death,
resignation or inability to discharge his duties or impeachment of the Commander the
duties of the Commander shall devolve upon the Senior Vice Commander.
Section 3. In the event that the Senior
Vice Commander replacing a Commander is also unable to perform the duties of the Office
the next officer in line will be elevated to the position.
Section 4. The Adjutant-Treasurer shall
be the Secretary of the Chapter and shall attend the annual reunion and the Executive
Committee meetings.
Section 5. The Judge Advocate shall be
the legal advisor of the Chapter and on request of the Commander or the Executive
Committee or the annual reunion shall render his opinion on any and all questions.
Section 6. On receiving the opinion of
the Judge Advocate on any question the Commander shall render a decision which shall be
subject to appeal to the Executive Committee and to the annual reunion provided notice of
intent to appeal is furnished in writing to Chapter headquarters within thirty (30) days
after the decision of the Commander has been publicized. In all cases of appeal the
decision of the annual reunion will be final.
Section 7. The Chaplain shall perform
such duties as are usual in all matters connected with the office, as prescribed in the
official ritual of the Parent Organization.
Section 8. The Commander shall direct
and supervise all legislative, rehabilitative, employment, and any ad such other
activities of the Blind Veterans National Chapter as may be ordered by the Executive
Committee or the annual reunion.
Section 9. Chairmen of Committees
required for efficient operation of the Chapter shall act under the direction of the
Commander, the Executive Committee or the annual reunion.
ARTICLE VII
LEGISLATIVE, ADMINISTRATIVE AND
EXECUTIVE DUTIES
Section 1. The supreme power of the
Chapter shall be vested in the annual reunion.
Section 2. The Administrative powers of
the Chapter shall be vested in the Executive Committee except as may be otherwise
specified in the Bylaws of the Chapter.
Section 3. The Executive power of the
Chapter shall be vestedin the Commander to the extent authorized by the Bylaws and the
Administrative power shall be vested in the Commander between meetings of the Chapter
Executive Committee.
Section 4. The Executive Committee
shall be composed of all the elected offices of the Chapter and the Immediate Past
Commander.
ARTICLE VIII
AUXILIARIES
The Blind Veterans National Chapter
does not recognize a Women's Auxiliary.
ARTICLE IX
AMENDMENTS
This Constitution may be amended at any
annual reunion by a vote of two-thirds (2/3) of the members present and voting, provided,
that the proposed amendment shall have been read at least once prior to the reading upon
which a ballot on the amendment is to be taken. No amendment shall become effective until
the approval of the National Judge Advocate of the
Parent Organization has been received.
END OF CONSTITUTION
BYLAWS
BLIND VETERANS NATIONAL CHAPTER #1
DISABLED AMERICAN VETERANS
ARTICLE I
ORGANIZATION
Section 1. The governing bodies of the
Blind Veterans National Chapter #1 shall be the annual reunion and the Chapter Executive
Committee.
Section 2. Each such body shall keep
records of its proceedings and shall be open for inspection to any recognized Officer of
the organization.
Section 3. The Blind Veterans National
Chapter may adopt its own Constitution and Bylaws and regulations and levy its own
membership fees, provided that any such action does not conflict with the Constitution and
Bylaws or regulations of the Parent Organization and are approved by the National Judge
Advocate of the Parent Organization.
Section 4. The Chapter
Adjutant-Treasurer shall keep a complete financial record of all financial transactions.
The Adjutant-Treasurer shall arrange for an annual audit by a recognized Public Accountant
and shall submit a copy of the Auditor's report to the annual reunion and to the Parent
Organization.
Section 5. Any ruling of the presiding
officer shall be final and binding upon the Chapter unless overruled by the Chapter on an
appeal from the ruling of the Chair or reversed upon an appeal taken to the next higher
governing body.
ARTICLE II
MEMBERSHIP, DUES AND FEES
Section 1. There shall be no class of
membership or form of membership except as specified in Article IV of the Chapter
Constitution.
Section 2. No person shall be denied
Blind Veterans National Chapter #1 membership if they meet the eligibility requirements as
set fort in the Parent Organization Constitution and Bylaws and is considered legally
blind as set forth in the Blind Veterans National Chapter #1 Constitution, Article IV
Membership.
Section 3. Membership dues shall be set
by the Parent Organization, and shall be for the membership year or any part thereof: The
membership year starts July 1st, and ends June 30th. All membership dues will be applied
directly to the individual's life membership account. Once the appropriate full life
membership amount has been attained in the member's account, they will no longer be
required to pay membership dues.
Section 4. Member of one chapter may
secure a DAV "Official Transfer Form" for transfer of membership to another
chapter, with the approval of the receiving chapter. The local chapter shall notify the
Parent Organization of its approval and the Parent Organization shall notify both chapters
and the State Department that the transfer has been processed. No transfer takes effect as
to dues credit or voting strength until the beginning of the membership year following the
completion of the transfer. All rights of membership in a chapter shall become effective
upon approval of the transfer by the receiving chapter.
Section 5. Each member agrees that they
shall not be entitled to any refund on dues or other payments upon resignation, transfer
or expulsion, or other termination of membership.
Section 6. No member shall be expelled or limited in any of
the privileges of membership except through procedure specified in Article XII of the
Bylaws of the Parent Organization.
ARTICLE III
NATIONAL DISTRICTS
The territory in which the Blind
Veterans National Chapter #1 shall operate shall be identical with the Districts of the
Parent Organization as indicated in
Article V of the Bylaws of said Parent
Organization.
ARTICLE IV
CHAPTER EXECUTIVE COMMITTEE
Section 1. The Blind Veterans National
Chapter #1 Executive Committee shall consist of all the elected Officers and the immediate
Past Commander.
The Adjutant-Treasurer will act as
recording secretary.
Section 2. The Executive Committee may
hold at least one meeting between annual reunions in any City of their choice, or via
teleconference are to have a minimum of a 10 day notice, and at least two-thirds (2/3) of
the members present and voting shall comprise a quorum of the Executive Committee.
Section 3. The regular business of the
organization requiring the consideration of the Executive Committee between annual
reunions shall be transacted by mail through the office of the Adjutant.
ARTICLE V
TENURE OF
OFFICE
Section 1. The elective officers and
Executive Committeemen shall be installed immediately following the adjournment of the
annual reunion at which they are elected to office and shall hold office until the
adjournment of the following annual reunion or until such time as their successors have
been installed. The Commander shall be limited to two consecutive terms in office.
Section 2. The tenure in office of
appointive officers shall be at the pleasure of the appointing power but in no case shall
the tenure of the appointee exceed that of the appointing officer.
Section 3. Nothing in these Bylaws
shall be construed as prohibiting re-election of members to elective positions or
reappointment to appointive positions, except as specified in Section 1.
Section 4. Any member of the Blind
Veterans National Chapter who is in good standing in the Chapter shall be eligible to hold
any elective or appointive office in the Chapter.
ARTICLE VI
FINANCES
Section 1. The revenues of the Blind
Veterans National Chapter #1 shall be derived from dues paid by members, contributions and
other sources as may be approved by members attending the annual reunion, and/or the
Chapter Finance Committee and the National Adjutant.
Section 2. All revenue and expenditures
of the Blind Veterans National Chapter #1 shall be under the direct supervision of the
Chapter Finance Committee which Committee shall be composed of the Commander and four
members; no two such members shall reside in the same National District or State. The
Finance Committee is empowered to appoint its own Chairman.
Section 3. The Blind Veterans National
Chapter shall operate under a budget which shall be determined upon by the Chapter Finance
Committee as soon after the close of the annual reunion as possible.
Section 4. The Finance Committee shall
designate a depository or depositories for all revenue of this organization but such
depository or depositories shall be located in the same city in which the Adjutant
resides.
Section 5. All funds received in the
name of the Blind Veterans National Chapter by any officer or committee thereof shall be
deposited forthwith in the depository or depositories named by the Finance Committee and
such funds shall remain the property of the Chapter until they are properly expended or
remitted in accordance with the rules or regulations of the Chapter Finance Committee;
provided, however, that in the case of extraordinary fund raising enterprise the committee
in charge of such enterprise may, with the prior approval of the Finance Committee,
receive and expend from these receipts such amounts as may be required in the transaction
of the particular business in which the Committee is engaged. All such Committees shall
make a complete accounting of receipts and expenditures to the Finance Committee for
approval.
Section 6. No funds of the Blind
Veterans National Chapter shall be used for loans or advances of any type or character to
any promoter.
Section 7. All disbursements from
Chapter funds shall be made by check signed by the Chapter Commander and the Chapter
Adjutant.
ARTICLE VII
ALLOWANCES
Section 1. There shall be no salary
paid to any officer of the Blind Veterans National Chapter #1.
Section 2. The sum of $1,250.00 shall
be given to the Commander and $1,500.00 to the Adjutant/Treasurer for expenses at the
Annual Reunion, providing there is $2,750.00 in the bank accounts. Otherwise, the above
two will receive a like pro-rated share ensuring a balance of $600.00 in the treasury.
Section 3. The Blind Veterans National
Chapter #1 shall pay the registration fee, for the Commander, Adjutant-Treasurer,
Delegates and Alternates, to the National Convention.
Section 4. The Chapter will pay $500.00
to all delegates and alternates who attend
the National Convention.
Section 5. In no event will expenses be
paid anybody under above named sections, providing he receives money from any other source
to attend the National Convention.
ARTICLE VIII
ANNUAL REUNION
Section 1. The annual reunion shall be
held during the National Convention of the Parent Organization and in the same city where
such National Convention is held.
Section 2. The annual reunion shall be
composed of the elected officers, the Past Commander, the Executive Committeeman and all
other members of the Chapter attending the convention of the Parent Organization.
Section 3. Delegates and Alternates
shall be elected by a mail ballot prior to the National Convention.
Section 4. The Annual Reunion shall
elect from the members attending their new officers as in Article V, of the Constitution,
of the Blind Veterans National Chapter. There shall be no proxy voting.
ARTICLE IX
UNIFORM, CAPS
Section 1. The uniform cap of the Blind
Veterans National Chapter shall be navy blue. It shall be properly embroidered with the
DAV insignia and Chapter on the left side and designation of office or past office on the
right side with the letters D.A.V. on the front.
Section 2. The uniform when worn shall
be that as prescribed in the National Constitution and Bylaws and shall be optional as to
procurement and wear.
ARTICLE X
POLICY
Section 1. The Blind Veterans National
Chapter #1, shall be nonpolitical and non-sectarian and no officer or member shall take
part in any official capacity in any partisan, political or sectarian question or in any
industrial dispute.
Section 2. Nothing in Section 1 of this
Article shall be construed as preventing the Chapter or its members individually from
participating in any political issue or issues which have a direct bearing on the welfare
of America's Disabled Veterans.
Section 3. The Blind Veterans National
Chapter shall not participate in any drive, benefit or concert or any activity which tends
to commercialize the disability of the Blind Veterans.
Section 4. The Commander and
Adjutant-Treasurer will be reimbursed $750.00 each for expenses in connection with
attending the Mid-Winter Conference of the State Commanders and Adjutants Association.
ARTICLE XI
AMENDMENTS
Section 1. These Bylaws may be amended
at any Annual Reunion by a vote of two-thirds (2/3) of the members present, provided that
the proposed amendment shall have been read at least once before being voted upon.
Section 2. No amendment to these Bylaws
shall become effective until the approval of the National Judge Advocate of the Parent
Organization is received.
ARTICLE XII
MISCELLANEOUS
All matters not otherwise provided for
in these Bylaws shall be governed by Robert's Rules of Order (revised).
APPROVED: August 24, 2009
Denver, CO
DAV National Convention
______________________
________________ _____________
Dennis J. O’Connell, Commander Paul W.
Kaminsky
I CERTIFY that the within Constitution
and Bylaws do not conflict with those of the National Organization, and to that extent, is
approved.
APPROVED: ________________________________
NATIONAL JUDGE ADVOCATE