(1) VETERANS OF FOREIGN WARS DEPARTMENT OF OHIO BY-LAWS
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1 (1) VETERANS OF FOREIGN WARS DEPARTMENT OF OHIO BY-LAWS ARTICLE I NAME AND LOCATION Section 1 This subdivision of the Veterans of Foreign Wars of the United States shall be known as the Veterans of Foreign Wars of the United States, Department of Ohio herein after referred to as the Department. Section 2 The Department Headquarters shall be located in the city of Columbus, Ohio. ARTICLE II - SUPREME AUTHORITY Section 1 The supreme authority of this association shall be lodged in the National Convention of the Veterans of Foreign Wars of the United States, and this association shall at all times be governed by the Congressional Charter and By-Laws of said National Convention, together with legislation enacted by the National Convention and orders promulgated by the Commander-in- Chief, in accordance with the said Congressional Charter and By-Laws. ARTICLE III - COUNCIL OF ADMINISTRATION Section 1 Meetings- The Department Council of Administration shall meet at least twice a year. Complete minutes of all Council of Administration meetings shall be sent to all council members not later than sixty (60) days following the meetings. Minutes of said meetings shall also be furnished to any Past Department Commander, Post Commander upon written request within sixty (60) days of said request or meeting, whichever is later. Section 2 The elected officers of the Department may meet, as designated by the Department Commander, for the purpose of coordinating Department activities and committees. The place and time of such meetings shall be determined by the Department Commander. Section 3 Poll of Council- Between meetings of the Council of Administration, the Department Commander may poll the Council of Administration by mail, fax or to amend the budget, policy or for other matters of business, stating the reasons for requesting such action, and shall provide a ballot for each member to record their vote on the question. The majority vote of all votes received at Department Headquarters within ten (10) days of mailing the request for vote shall determine approval or disapproval of the requested action. Members of the Council shall be advised of the results of the vote within twenty-four (24) days of the mailing of the request for vote. Section 4 All contracts, purchases, and obligations of the Department shall first be approved by the Council of Administration. Individual purchases and obligations not included as expense items in the adopted budget of the Department not exceeding $500 may be made by the Department Quartermaster with the approval of the Department Commander. Such purchases shall not exceed two thousand dollars ($2,000) Collectively, without the approval of the C of A. Section 1 Districts ARTICLE IV DEPARTMENT CONVENTION A. The Department Convention shall determine the number of Districts in the state of Ohio and their boundaries. B. Provided, however, any Post of a District lying in an area immediately adjoining another District may request a transfer from the original District to the adjoining District and shall be ordered transferred by the Department Commander upon approval of such request by the conventions of the two Districts involved and the approval of the Council of Administration. C. All District Conventions (election meeting) shall be held not less than ten (10) days and not more than sixty (60) days prior to each State Convention. All actions taken by the District Convention in regards to resolutions and changes in Department By- Laws must be received by Department Headquarters no later than three (3) days after the District Convention. Section 2 Time and Place Section 3 Bids A. The Department of Ohio shall hold one convention each year, which shall not begin prior to May 1 nor extend beyond June 30. Beginning in 2017, the delegates at the Department Convention shall have the right, by majority vote of the delegates present after the Time and Place Committee report, to determine the convention city and the convention dates two years in advance of said convention. A. All bids or invitations from cities to entertain future Department Conventions must bear official written endorsement from the District in which the proposed city is located. Bids received, but not bearing such endorsement, shall not be considered by the Time and Place Committee. B. Bids shall be submitted in writing containing answers to a questionnaire to be submitted by the Department Headquarters pertaining to a guarantee of the number of rooms, suites, and Headquarters facilities. This shall be submitted over the signature of the hotel involved. The Convention Bureau shall answer questions pertaining to parade and competition facilities, etcetera, and shall guarantee that such facilities will be available. All charges shall be at prevailing rates for the year of the convention.
2 Section 4 National Candidates (2) A. Any comrade seeking national office shall not be entitled to have Department funds used to further his campaign, unless endorsed by the Department Convention and unless such fund is approved by the convention. Such approval shall be voted upon by the delegates only after such time as the Credentials Committee report shall have been accepted. Section 5 Department Convention Corporation A. Membership and operation of the Department of Ohio, Veterans of Foreign Wars of the United States, Convention Corporation shall be controlled and governed by the By-Laws of said Convention Corporation as adopted by the Council of Administration and approved by the Commander-in-Chief. Section 6 Registration Fees A. Each accredited delegate registered at the Department Convention shall pay a registration fee of five dollars ($5.00). Accredited delegates may pre-register for the Department Convention for a fee of four dollars ($4.00). B. Each Post shall pay, in advance to the Quartermaster General, the necessary fees for the National Convention. This Registration fee includes the Post registration, plus one delegate, to the national Convention ARTICLE V - COMMITTEE DUTIES Section 1 Standing Committees: The standing committees of the Department shall be as follows: A. Finance Committee B. Veterans Service Committee C. Appeals Commission D. Publication Committee E. Resolutions Committee F. By-Laws Committee G. Membership Committee H. Time and Place Committee Section 2 All standing committees and their chairmen shall be appointed by the Department Commander no later than thirty (30) days after the adjournment of the Department Convention. Section 3 All Department officers, Post Commanders shall be notified of the names and addresses of all standing committee chairmen within thirty (30) days after their appointment. Section 4 Finance Committee A. The Department Commander shall appoint a Department Finance Committee consisting of not less than three (3) members. It shall be the committee s duty to assist the Quartermaster in setting up the Department s annual budget. The committee shall draw up the employees wage scale and present same to the Department Council of Administration for approval, disapproval, or adjustment at the Council s first meeting after the adjournment of the Department Convention. It shall be the duty of the committee to audit the books and finances of the Department as directed by the Congressional Charter and By- Laws of the Veterans of Foreign Wars of the United States and the Department of Ohio. The chairman of the Finance Committee shall cause a copy of such audit to be sent to all Post Commanders. A certified public accountant, approved by the Council of Administration, shall assist with the audit. The chairman of the committee shall present a report of the audit to the Department Convention. B. The duties of this committee shall in no way minimize the duty of the Department Council of Administration with respect to having the records and accounts of the Department officers audited. C. It shall be the duty of the Finance Committee to review last year s Department of Ohio Policy, make any additions, deletions or changes to the Policy, and to submit a new Policy to the first Council of Administration following the adjournment of the Department Convention for Council s approval, disapproval, or adjustment deemed necessary. Upon approval of the new Department of Ohio Policy by the Council of Administration, it shall be the Policy of the Department of Ohio until the next Council of Administration, following adjournment of the Department Convention, approves a new Policy. D. It shall be the responsibility of the Finance Committee to recommend a balanced budget to the Council of Administration for approval, disapproval, or adjustments at the first meeting after the adjournment of the Department Convention. It shall also be the responsibility of the Finance Committee to review the budget during the year and make adjustments and recommendations on how to maintain a balanced budget for the year. Section 5 Veterans Service Committee A. The Department Commander shall appoint a Department Veterans Service Committee consisting of the Department Commander, three (3) immediate Past Department Commanders and one (1) member-at-large appointed by the Department Commander. The senior Past Department Commander member of this committee shall serve as chairman. In the event of death or refusal of any member to serve on such committee, he shall be succeeded by the next preceding Past Department Commander.
3 (3) B. Duties: The committee shall concern itself with the administration of the Department Rehabilitation Service Program and shall be responsible to the Department Council of Administration. Section 6 Appeals Commission The Department Commander shall appoint to the three (3) member commission the retiring member of the Veterans Service Committee to be the new three (3) year member of said commission, and the one (1) year member shall be the chairman of the commission (for duties ARTICLE VII, Section 1). Section 7 Publication Committee A. Publication Committee of five (5) shall consist of the following members: Department Commander, Department Quartermaster, three District Commanders to be elected at the first Council of Administration meeting called by the new Department Commander. Such Publication Committee shall determine editorial and management policies of the Ohio V.F.W. News, and shall hold at least one meeting a year at the committee s convenience. B. The official publication for the Department shall be known as the Ohio V.F.W. News. C. The paper shall be edited and published at least four months a year, edited and posted on the Department web site at least eight months a year. It shall be the prerogative of the Department Commander to name the editor, with the approval of the Council of Administration. D. Every member in good standing in the Department shall be on the mailing list for the Ohio V.F.W. News. E. Publication of an official Ohio Roster shall be made as soon as possible following: National elective and paid appointive officers, Department officers, elected and appointed; Department chairmen; Past Department Commanders; District officers, elected and appointed; Post officers, elected and appointed; Adjutant, Quartermaster, and Service officers, location and meeting nights of Posts. Post affiliation and address of all Ohio members listed in Roster shall be included. Section 8 Resolutions Committee A. Each Department Commander shall appoint a Resolutions Committee of not less than three (3) members. 1. All resolutions for convention consideration shall be typewritten and in three (3) copies, and shall be submitted within three (3) days of the close of a District Convention to Department Headquarters from where copies shall be forwarded to the Resolutions Committee chairman 2. No resolutions, other than those of condolence and appreciation, shall be considered by the convention except by a twothirds (2/3) vote of the convention unless the provisions of Section 1 of this Article have been complied with. Section 9 By-Laws Committee Each Department Commander shall appoint a By-Laws Committee of not less than three (3) members. Section 10 Membership Committee Each Department Commander shall appoint a Membership Committee of not less than three (3) members. Section 11 - Time and Place Committee A. The Department Commander shall appoint a Time and Place Committee consisting of three (3) members commencing in 1976, for term of three (3) years, two (2) years, and one (1) year respectively. Each year thereafter, the Department Commander shall appoint one member to the committee for a three (3) year term. B. The duties of the committee will be as outlined in ARTICLE IV, Section 3, Paragraph B. Section 1 Per Capita Tax ARTICLE VI DUES AND FINANCES A. Department per capita tax shall be Eight Dollars $8.00 per member, and shall be allocated in the following manner, to wit: Not less than one dollar and ten cents ($1.10) shall be budgeted for rehabilitation purpose; publication of the Ohio V.F.W. News known as a subscription fee and so stated on the masthead of the paper; five cents ($.05) shall be placed in a Capital Improvement and Reserve Fund; Two Dollars ($2.00) to be placed in the Service Officers Salaries Fund, and the remainder to be placed in the General Fund, or the Dues Reserve Fund according to the National By-Laws. The above per capita tax increase Will go into effect January 15, 2018 Section 2 Capital Improvement and Reserve Fund and Contingency Reserve Fund A. Capital Improvement and Reserve Fund. No more than twenty-five percent (25%) of the excess of operating income over operating expenses realized each year shall be placed in the Capital Improvement and Reserve Fund. The Capital Improvement and Reserve Fund shall maintain a balance of no more than one million dollars. 1. Expenditures from the Capital Improvement and Reserve Fund may be made only by majority vote of the Department Convention. Notice of intent to ask for expenditure of said funds shall be by resolution submitted as prescribed in Article V, Section 10, paragraph A-2 of these By-Laws and shall state the amount to be requested and the purpose for which it is to be used.
4 (4) B. Veterans Service Fund. 1 Not less than seventy-five percent (75%) of the excess of operating income over operating expenses realized each year shall be placed in the Veterans Service Fund. Titled VSO Contingency fund 1. Expenditures from the Veterans Service Fund may be made by a majority vote of the Department Council of Administration. Section 3 Convention Corporation Reserve Account: A. Money received by the Department of Ohio from the Convention Corporation (the excess of funds over $1,500 operating capital to be retained by said corporation at the end of each year as provided in the Convention Corporation By-Laws as adopted by the Council of Administration and approved by the Commander-in-Chief) shall be deposited in a special account to be known as the Department of Ohio Convention Corporation for the ensuing fiscal year. Section 4 Congressional Medal A. Any member who has been awarded the Congressional Medal of Honor shall be exempt from paying per capita tax to the Department and neither shall any Post include the amount of the Department per capita tax in the dues of such member. Section 1 Employment Policy ARTICLE VII EMPLOYEES A. The Department will maintain in its Policy and/or Employment Policy current regulations governing job description, employment, vacations, leaves, appeals, sick leave and holidays. These regulations are to be reviewed and updated every year by the Finance Committee and approved by the Council of Administration. Section 1 Travel Expense ARTICLE VIII MISCELLANEOUS A. The Department Council of Administration shall arrange the expense scale for all paid Department officers, Elective officers, Members of the Council of Administration, Deputy Inspectors, Deputy Chiefs-of-Staff and committees when fulfilling the duties of their particular office as requested by proper authority. Section 2 Vouchers A. No checks shall be signed by the Department Commander authorizing the payment of any bill or obligation of the Department unless an itemized voucher is attached. Section 3 Meetings A. No meeting of the V.F.W. of Ohio, District or Department, shall be held on any day conflicting with any national or patriotic day. Section 4 Voting The Department shall hold one or more conferences between conventions, the time and place to be decided by the Department Commander, at least one of which shall be for the purpose of schools of instruction. A. Before balloting for officers at the annual Department Convention, the Department Commander, or other presiding officer, shall toss a coin and if same shall light with the head up, shall commence with a roll call vote of the Department officers, Past Department Commanders, District Commanders, the roll call of Posts and Post Commanders with the Post having the lowest number and proceeding in numerical order to the Post with the highest number. The roll call for the election for the Quartermaster and Surgeon shall commence with the Post having the highest number, and proceeding in inverse order numerically to the Post with the lowest number, and then the roll call vote of the Department officers, Past Department Commanders, District Commanders. In the event the coin shall light with the tail up, the roll call shall start with the highest numbered Post and proceed to the lowest numbered Post followed by District Commanders then Department officers in reverse order Section 5 Communications A. All communications directed to the Department which requires action by the Department, the position of the Department, or a decision by the Department, shall first be approved by the Department Commander before action is taken by an employee or appointed officer of the Department. Section 6 Caucus of Delegates at National Convention A. It shall be the duty of the Department Commander, or senior officer present, on the opening day of the National Convention and prior to the first meeting of the Big Ten Conference, to call a caucus of all duly elected delegates for the purpose of endorsing the candidate or candidates they will support for national office. B. It shall be the duty of the Department Commander, or senior officer present, to have posted at the National Convention hotel and Department Headquarters hotel, the time and place of such caucus. 1 Naming, Veterans service fund or Veterans Service contingency fund?
5 Section 7 Control of Units (5) A. Veterans of Foreign Wars of the United States, Department of Ohio, shall not be responsible for the negligent or wrongful acts of omissions nor the contractual obligations or debts of any Post, or District nor the negligent or wrongful acts or omissions or contractual obligations or debts of any activity, clubroom, holding company or units, sponsored, conducted or operated by, for or in behalf of any Post, or District. Any activity, clubroom, holding company or unit sponsored, conducted or operated by, for, in behalf of a Post, or District shall be at all times under all control of such Post or District. B. All money, property or assets of any kind or nature, as well as any books and records, owned, held or used by any activity, clubroom, holding company or unit sponsored, conducted or operated by, for or in behalf of a post or District and must be placed in the care and custody of the respective Quartermaster. Such money, property, assets, books and records shall be subject to the same rules and under the same procedure as any other Post or District money, property, assets, books and records. C. Title to all real property of unincorporated Posts and Districts shall be taken in the name of the regularly elected trustees of said units, and their successors in office, to be held, used and enjoyed in trust for its members. When the laws of the respective states shall require the delivery of a bill of sale to establish ownership of personality, such bills of sale shall also be made to the trustees of said units, and their successors in office, in trust for the members thereof. D. In addition to other requirements under existing local laws, no Posts shall purchase, sell or mortgage any real estate unless written notice of such proposal has first been given to each member of said unit, The District Commander and the Department Commander ten (10) days prior to such regular or special meeting at which the proposal is to be considered, and then only by two-thirds (2/3) vote of approval or special meeting. E. When properly approved by the members of the Post, the Commander and Quartermaster shall be authorized to sign such legal documents required to sell or purchase real property. ARTICLE IX POST Section 1- Two or more Posts in the Department of Ohio may consolidate as provided for in Section 209 of the National By-Laws and Manual of Procedure. ARTICLE X- AMENDMENTS Section 1- The Department Convention may adopt or amend By Laws governing the Department provided such by laws do not conflict with the National By Laws of the Veterans of Foreign Wars of the United States No By laws or amendments adopted shall become effective until reviewed by the Commander in Chief or their designee for Compliance with Congressional Charter, By Laws, Manuel of procedure, Ritual or laws and usages of the Veterans of Foreign Wars of the United States. The Above by Laws adopted by majority Vote of the Department Convention, Assembled on June 9 th 2017 in Columbus Ohio
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