BLIND VETERANS
NATIONAL CHAPTER #1
Disabled American
Veterans
CONSTITUTION
AND
BYLAWS
AMENDED: Monday 8/24/09
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 vested in 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 Junior 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 (213) 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 $1,750.00 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 $750.00
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 O’Connell Paul W. Kaminsky
Commander Adjutant-Treasurer
I CERTIFY that the within
Constitution and Bylaws do not conflict with those of the National
Organization, and to that extent, is approved.
APPROVED: _ (Approved
& Signed 03/07/2011) _
NATIONAL JUDGE
ADVOCATE