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Central Texas
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Constitution & Bylaws
POST
CONSTITUTION AND BYLAWS
CONSTITUTION
PREAMBLE
We, the Americans veterans who have served
or are serving in the Armed Forces of the United States during and since
World War II, fully realizing our responsibility to our community, to our
State, and to our Nation, associate ourselves for the following purposes:
To uphold and defend the Constitution of the United States; to safeguard
the principles of freedom, liberty, and justice for all; to promote the cause
of peace and goodwill among nations; to maintain inviolate the freedom of
our country; to preserve the fundamentals of democracy; to perpetuate the
friendship and associations of these veterans, and to dedicate ourselves
to the cause of mutual assistance, this by the Grace of
God.
ARTICLE I.
NAME
The name of this organization shall be AMVETS,
Post TX115 in the city of Kyle, Texas and it shall be hereinafter referred
to as the Post.
ARTICLE
II. AIMS
The aims and purposes of this organization
are as follows:
1.
To serve
our country in peace as in war; to build and maintain the welfare of the
United States of America toward lasting prosperity and peace for all its
inhabitants.
2.
To encourage,
in keeping the policies or our Government, the establishment of a concrete
plan to secure permanent international peace and to assist in the maintenance
of international peace.
3.
To inspire
in our membership a sense of responsibility and to develop leadership for
the preservation of our American democratic way of life.
4.
To help
unify divergent groups in the overall interest of American
democracy.
5.
To train
our youth to become purposeful citizens in a democracy with full knowledge
of the responsibilities as well as the privileges of
citizenship.
6.
To cooperate
with all duly recognized existing veterans organizations in the furtherance
of the aims of the American veterans who have served or are serving in the
Armed Forces of the United States during and since World War
II.
7.
To ensure
the orderly return of the veterans to civilian life by protecting their rights
as individuals while still in uniform.
8.
To expedite
and assist in the rehabilitation of the veteran by maintenance of employment
services, sponsoring educational opportunities, providing counsel of insurance,
housing, recreation, personal problems, hospitalization, and veterans
benefits.
9.
To act
as a liaison agent between the veteran and the
Government.
10.
To provide
an organization to encourage fellowship among all American veterans who have
served or are serving in the Armed Forces of the United States during and
since World War II.
11.
To keep
the public forever reminded that American veterans who have served or are
serving in the Armed Forces of the United States during and since World War
II fought and served to preserve peace, liberty, and democracy of their
Nation.
ARTICLE
III.
MEMBERSHIP
Section 1:
Any
person who served or is currently serving in the Armed Forces of the United
States of America at any time after September 15, 1940 is eligible for regular
membership in AMVETS provided such service, when terminated by discharge,
or release from active duty, be by honorable discharge, honorable separation
or general discharge under honorable conditions.
Section 2:
Any
American citizen as an American citizen, who served in the Armed Forces of
an allied nation of the United States at any time after September 15, 1940
and before May 8, 1975, is eligible for regular membership in AMVETS provided
such service—when terminated by discharge or release from active
duty—is by honorable discharge or honorable
separation.
Section 3:
No
person who is a member of, or who advocates the principles of any organization
believing in, or working for the overthrow of the United States Government
by force, and no American citizen or permanent resident alien in the United
States, one of its territories, possessions or the District of Columbia who
refuses to uphold and defend the Constitution of the United States, shall
be privileged to become, or continue to be, a member of this
organization.
Section 4:
All
United States reservists and national guardsmen who are now serving, or have
been honorably discharged since September 15, 1940, are eligible for regular
membership in AMVETS provided such service — when terminated by discharge
or release — is by honorable discharge or
separation.
Section 5:
Honorary membership shall not be granted.
Section 6:
No
person shall be a member of more than one post at any one
time.
Section 7:
No
person expelled from one post shall be eligible for membership in any other
post without the consent of the expelling post, or consent of the State Executive
Committee (SEC) after hearing an appeal.
Section 8:
This
Post shall be the judge of its own membership, subject to the provisions
of the Constitution and Bylaws of the national and department
organizations.
Section 9:
Membership year shall run from September 1 through August
31.
Section 10:
Eligibility
for membership and the rights and privileges of members shall be as provided
in the Constitution and Bylaws, and the terms of membership and requirements
for holding office within AMVETS shall not be discriminatory on the basis
of race, color, religion, gender, sexual orientation, or national
origin.
ARTICLE
IV.
OFFICERS
Section 1:
Officers of this Post shall consist of a commander, not more than
three vice- commanders, adjutant, finance officer, provost marshal, judge
advocate, three trustees (if applicable per Article VII, Section 4 (d) below)
and such other officers as may be prescribed by the
Bylaws.
Section 2:
Election of officers shall be held annually between May 1st and June
30th. Nominations shall be made
from the floor at a general meeting prior and at the annual
meeting.
ARTICLE V.
EXECUTIVE COMMITTEE
The elected and appointed officers of the
Post, and the immediate past post commander shall constitute the Executive
Committee which is charged with managing Post
affairs. The Executive Committee
shall formulate the policy of the organization for approval by the
members.
ARTICLE
VI. POST
ORGANIZATION
Section 1:
This Post shall be governed by the officers chosen in accordance with
this Constitution and Bylaws and will annually revalidate its charter prior
to July 15. Such revalidation
shall be evidenced by the issuance of a Revalidation Certificate issued by
the National Department upon satisfactory completion of all
requirements. Aside from any
other requirements imposed by the Department or National Constitution and
Bylaws, this Post shall:
(a)
Furnish
national and its Department Headquarters with a certified list of current
Post officers not later than July 15;
(b)
Provide
a written statement to the national organization that the post has/has not
filed an IRS Form 990 with the Internal Revenue Service for the fiscal
year;
(c)
Furnish
National Headquarters with a copy of the Post’s current Constitution
and Bylaws or certify on the Change of Officers Form that the copy on file
has not been altered, changed, or amended;
(d)
Be fully
paid up in all accounts with National Headquarters;
(e)
Comply
with applicable liability insurance and bonding mandates;
and
(f)
Have a
minimum of ten (10) members in good standing at all
times.
Section 2:
Within 30 days of notice to surrender its charter resulting from
disciplinary or voluntary action, the Post will close all bank accounts and
deliver to the State Department or National organization all Post records,
property and assets.
ARTICLE
VII. SUBORDINATE
ORGANIZATIONS
Section 1:
(a)
A subordinate organization of this post may be established only by
a provision of the post’s Constitution, and in keeping with the National
Constitution and Bylaws.
(b)
All subordinate organizations’ membership qualifications must
be consistent with the aims and purposes of AMVETS.
Section 2:
All AMVETS subordinate
organizations shall follow the same membership year and pay membership dues
in concert with the parent organization.
Section 3:
All subordinate organizations
shall be under the jurisdiction of the AMVETS Post whose name it bears and
shall carry the corresponding number of the Post.
Section
4:
(a)
A two-thirds (2/3) vote of the AMVET members present at a stated meeting
is required to approve and form a subordinate
organization.
(b)
AMVETS Post members must be given written notice of such meeting a
minimum of 15 days prior to the proposed formation.
(c)
Where no Post exists, a subordinate organization shall not be formed,
nor continue to operate as an independent entity. The subordinate’s
charter must be surrendered along with any property it may possess to the
duly recognized subordinate officer in accordance with the Constitution of
the national subordinate organization.
(d)
Wherever a post clubroom is maintained and operated for the convenience
and pleasure of its member, and the name AMVETS or its insignia are displayed
or used, a board of trustees shall be elected by and from among the members
of the post to supervise its activities, operations and
finances.
Section 5:
No
fund raising activities can be sponsored by any subordinate organization
without the recommendation of the AMVETS Post Executive Committee and the
prior approval of the AMVETS Department and National organizations in compliance
with National Bylaws Article VII, Section 3 (a).
ARTICLE
VIII.
AUXILIARY
Section 1:
AMVETS recognizes a subordinate organization known as the AMVETS Ladies
Auxiliary.
Section 2:
(a)
Membership eligibility in the AMVETS Ladies Auxiliary is limited to
the mothers, wives and grandmothers, regardless of age, and to the daughters,
sisters and granddaughters not less than 18 years of age of regular members
of AMVETS, and to
(b)
Mothers and widows, regardless of age, and daughters, sisters and
granddaughters not less than 18 years of age or deceased veterans who would
have been eligible for membership in AMVETS.
(c)
Female veterans who served honorably in the Armed Forces of the United
States after Sept. 15, 1940, or as an American citizen in the armed forces
of Allied countries, after Sept. 15, 1940 and before May 8, 1975, who maintain
their AMVET membership unless they meet established
criteria.
(d)
Any Auxiliary member who qualifies and joins as a member under the
criteria in Section 2 (a), (b) or (c) shall be allowed to remain an Auxiliary
member so long as she remains a member in good standing.
Section 3:
AMVETS recognizes a subordinate organization known as
Sackettes, a fun and honor organization of the
AMVETS Auxiliary.
ARTICLE
IX.
SACKS
Section 1:
AMVETS recognizes a subordinate organization known as AMVET Sad Sacks
of American veterans who have served or are serving in the Armed Forces of
the United States during and since World War II.
Section 2:
Membership in Sad Sacks shall be limited to members in good standing
of AMVETS.
ARTICLE
X. JUNIOR
AMVETS
Section 1:
AMVETS recognizes a subordinate organization known as Junior AMVETS.
Section 2:
From
the age of 5, to and including 17 years, sons and daughters, brothers and
sisters, and grandchildren of AMVETS, deceased servicemen who would have
been eligible for AMVETS membership, including all children for whom they
are legal guardians.
ARTICLE
XI. SONS OF
AMVETS
Section 1:
AMVETS recognizes a subordinate organization known as Sons of AMVETS.
Section 2:
Membership is limited to all male descendants, grandsons, adopted
sons and stepsons, fathers, husbands, widowers and brothers of members of
AMVETS and deceased members of AMVETS, or service personnel who died and
would have been eligible for membership in the parent AMVETS
organization.
Section 3:
The
Applicant for the Sons of AMVETS must be at least 18 years of age and cannot
be a member of nor be eligible for membership in the parent organization
of AMVETS.
ARTICLE
XII. AMVETS
RIDERS
Section 1:
AMVETS recognizes a subordinate organization known as AMVETS Riders.
Section 2:
Eligibility for membership in the AMVETS Riders shall be limited to
members in good standing of AMVETS, AMVETS Ladies Auxiliary and Sons of AMVETS.
ARTICLE
XIII.
AMENDMENTS
This Constitution may be amended by resolution
at the annual meeting. Proposed
amendments shall be submitted in writing to the Executive Committee for its
review and presentation at the next annual
meeting. Copies of proposed
amendments shall be distributed by mail to all Post members at least ten
(10) days prior to the date of the vote.
A two-thirds (2/3) vote of the members present shall be required to
amend this Constitution. Copies
of all adopted amendments shall be forwarded to the Department for review
by the department judge advocate within thirty (30) days after their
adoption. The department judge
advocate will forward the approved copies to the National Headquarters for
placement in the permanent Post file.
BYLAWS
ARTICLE I.
QUORUM
Section 1:
At
all regular and special meetings at least five (5) members present shall
constitute a quorum, providing at least one elected officer is present to
preside.
Section 2:
A
quorum at Executive Committee meetings shall consist of four (4) members
of the committee.
Section 3:
A
quorum for the Board of Trustees shall consist of five (5) members of the
Board.
ARTICLE
II.
COMMITTEES
Section 1:
The
following standing Committees may be appointed by the commander, with approval
of the Executive Committee:
Membership, Finance, Hospital and Welfare, Programs, Legislation,
Americanism and VAVS. The post
commander shall appoint a chairperson and Post members of to each committee
as are necessary to accomplish its objective.
Section 2:
Temporary committees may be appointed by the commander to expedite
projects for the good and welfare of the Post.
ARTICLE
III.
MEETINGS
Section 1:
This
Post shall meet every month at a place, date, and time designated at the
previous meeting, unless a special meeting needs to be
called.
Section 2:
There shall be three types of meetings; the general monthly meeting,
special meetings and the annual meeting.
Post members will be notified in advance of all
meetings.
Section 3:
The
order of business shall be prescribed by the Executive Committee, but may
be changed when necessary.
Section 4:
Nominations for officers shall be entertained and an announcement
of the business to be considered at the annual meeting will be made at the
general meeting one month preceding the annual
meeting. Further nominations
may be made from the floor of the annual meeting on a majority
vote.
Section 5:
All
business meetings of this Post shall be conducted in accordance with
“Robert’s Rules of Order, Newly Revised.”
ARTICLE
IV. ELECTION AND APPOINTMENT
OF OFFICERS
Section 1:
A
commander, not more than three vice-commanders designated as first, second
and third vice-commanders, adjutant, finance officer, provost marshal and
judge advocate shall be elected annually by members of the
Post. A chaplain, historian,
service officer, public relations officer, honor guard officer, facilities
officer, information technology officer, and quartermaster may be appointed
annually by the newly elected commander with the approval of the Executive
Committee.
Section 2:
The
election of officers shall be held at the annual meeting of the Post between
May 1 and June 30. The vote shall
be taken in the manner prescribed by the post
membership. If by written ballot,
sufficient paper ballots will be prepared in advance by the
adjutant. The provost marshal
shall distribute, collect and count the ballots and shall thereafter make
the announcement of the results.
Only members in good standing in person at the meeting shall be entitled
to vote. National and Department
Headquarters shall be notified of the election of new officers by the Post
adjutant within thirty (30) days after the said elections have been
completed.
Section 3:
The
newly-elected and appointed officers shall be sworn in and shall take office
at the next regular meeting of the Post, but in no event sooner than two
weeks after such election, nor later than July 15
thereafter.
Section 4:
In
the event that the office of the commander is vacated, the vice commanders
in the order of their numerical designation shall succeed to the office of
commander for the unexpired term.
Section 5:
Should any other office be vacated, the commander is empowered to
appoint a successor for the completion of the term subject to the approval
of the Executive Committee.
Section 6:
Any
elected officer who misses three (3) consecutive regular meetings without
prior consent shall be removed from office without any further action,
notification or hearing. The
vacated position shall be filled within the guidelines prescribed
herein.
ARTICLE V.
DELEGATES TO CONVENTION
At least thirty (30) days prior to the Department
and National conventions, delegates and alternates shall be chosen to attend
said conventions. The number
of delegates will be in accordance with the National and Department delegate
strength guidelines. The Post
commander shall constitute one delegate.
Other delegates may be elected with instructions governing their
representation.
ARTICLE
VI. FINANCE
Section 1:
The
total annual dues of this Post shall be the sum of National, Department,
and Post assessments. National
and Department assessments are set at the conventions and the Post assessment
is set per a vote at the Post annual meeting. Section 2: Life membership dues, effective September 1, 2023, shall be not less that $500 for those members age up to and including 55, ages 56 through and including 65 will be $400 and those 66 and over $300, nonrefundable, and payable to the post of which 50 percent shall be forwarded to National Headquarters and 25 percent to the state department.
Section 3:
All
fund-raising activities must be approved in advance by the Post Executive
Committee. If a fund-raising
activity requires entering into a contract or if anticipated gross revenues
are expected to exceed $10,000, a copy of the proposed fund-raising program
must be transmitted through the Department to National Headquarters for
approval.
Section 4:
An
annual budget shall be prepared by the finance officer and submitted to the
Executive Committee for approval.
Accurate books and records of account activities maintained by the
finance officer shall be subject to inspection and regulation by the Executive
Committee at all reasonable times.
Section 5:
The
finance officer shall render a report of receipts and disbursements to each
meeting of this Post. This office
is also responsible for filing an IRS Form 990 with the District Director
of the Internal Revenue (or a certificate in lieu thereof where the 990 is
not required) on or before the 15th day of the fifth month following
the close of the annual accounting
period. A statement as to whether
a 990 has/has not been filed with the IRS must be given in writing to the
Department and National Headquarters.
The Post’s fiscal end shall be August
31st.
Section 6:
If
Post club rooms are maintained and operated for the convenience and pleasure
of the members of this Post in the name of AMVETS, or its insignia are displayed
or used, a Board of Trustees shall be elected from among the members of the
Post to supervise its activities, operation and
finances. The Post shall also
secure, at the least, the minimum liability insurance coverage prescribed
by the National Constitution and By-laws which names the Department and National
Headquarters as additional insureds and file a copy of the Certificate of
Insurance with the Department and National offices.
Section 7:
Post
officials handling AMVETS funds shall be properly bonded with a good and
solvent bonding surety company, acceptable to the U. S. Treasury, as surety
to cover the average amount of AMVET funds handled by said individual in
a single year.
ARTICLE
VII. BOARD OF
TRUSTEES
The Board of Trustees (if applicable per Article
VI, Section 6 above) shall be comprised of the post commander, immediate
past post commander, adjutant, finance officer and judge advocate, along
with three trustees elected by the post members.
ARTICLE
VIII.
RESOLUTIONS
Section 1:
All
resolutions adopted by this Post shall be forwarded to Department Headquarters.
Section 2:
A
simple majority vote of members present is required to pass any resolution
other than amendments to the Constitution and Bylaws.
ARTICLE IX. RESTRICTED USE OF
ORGANIZATION
AMVETS, or any component part thereof, shall
not be used to promote the interest of any individual who is a candidate
for public office, or to promote otherwise any individual, organization,
political party, faction or product.
Any violation of this provision shall be sufficient cause for disciplinary
action against the offending member.
ARTICLE X.
DISCIPLINE OF POST MEMBERS
Section 1:
Members of the post may be suspended or expelled for any one or more
of the following reasons:
(a)
failure
to comply with any obligation imposed on members under the constitution and
bylaws;
(b)
any violation
of law that reflects unfavorably on the name of
AMVETS;
(c)
any conduct
unbecoming an
AMVET;
(d)
ineligibility
for membership at time of acceptance into membership;
or
(e)
procurement of membership by fraud or
deception.
Section 2:
Any
member of AMVETS may prefer charges against any other member, alleging any
of the foregoing causes for suspension or
expulsion. Such charges shall
be made under oath, setting forth the time and place of the offense or other
basis for the charges, as near as may be practicable, and signed by the
accuser.
Section 3:
All
charges and specifications shall be filed with the post commander of the
post to which the member complained about
belongs. On receipt of said charges
and specifications, the post commander shall, within five days, send a copy
thereof by certified mail to the member complained about, together with a
notice fixing a date, place and time of a hearing to be held not less than
30 days after said date of mailing.
Section 4:
Said
charges and specifications shall be heard by the executive committee of the
post, at which said hearing the member complained about shall have the right
to be represented by counsel and to cross-examine his accuser or accusers
and witnesses presented against him.
No member against whom charges have been preferred, or who has preferred
charges against another member, shall sit in judgment on any panel hearing
or deciding the matter.
Section 5:
The post judge advocate
shall prosecute the charges, and the attendance of a court reporter shall
be permitted.
Section 6:
The presiding officer of
said executive committee shall decide all questions as to the relevancy of
evidence and the regularity of the proceedings.
Section 7:
On
the conclusion of the hearing, a vote shall be taken first as to whether
there is a basis for the change or changes and, if by the vote hereinafter
mentioned, it is determined that there is none, the charges may be
dismissed. If the charges are
not dismissed, then a vote shall be taken on the guilt or innocence of each
of the charges and each of the
specifications. A two thirds
vote of the members of the executive committee hearing the charges and
specifications shall be required to sustain any charge or
specification. Voting herein
provided for shall be secret or open as said executive committee may, be
majority vote thereof, determine.
Section 8:
In
any charge or specification is sustained, then the member shall be deemed
to be guilty thereof and the officer presiding at the hearing shall then
put the question of the degree of punishment as
to: whether there shall be a
suspension from the benefits of membership and, if so, for how long; or,
whether there shall be an expulsion from membership.
Section 9:
Any
member whose membership is suspended or forfeited may appeal to the next
highest level applicable from that which heard the charges and specifications,
i.e., from post executive committee to state executive committee, from department
executive committee to National Executive
Committee. Notice of appeal must
be filed in writing with the appellate body not later than 15 days after
the imposition of the penalty.
Section 10:
The decision of the appellate body at
either level shall be binding and final.
Section 11:
The procedure
for the handling of any appeal to be heard by the National Executive Committee
or the national convention shall be prescribed by the national judge
advocate. The procedure for the
hearing of an appeal by the department executive committee shall be prescribed
by the department judge advocate, and the procedure for the handling of any
appeal to be heard by the post executive committee shall be prescribed by
the post judge advocate. No such
procedure at any level, however, shall be inconsistent or in conflict with
the national, department or post constitution and bylaws or this
code.
ARTICLE
XI.
AMENDMENTS
These Bylaws may be amended by the majority
vote of the members present at annual
meetings. Proposed amendments
must be submitted in writing to the Executive Committee for recommendation.
The Committee will instruct the adjutant to notify the membership, by mail,
with copies of proposed changes at least ten (10) days before the meeting
to vote on the amendment. Copies
of all adopted amendments shall be forwarded to the department judge advocate
for review and recommended approval.
The department judge advocate will forward a copy of the approved
Bylaws to the National Headquarters for
filing.
***
“Robert’s Rules of Order, Newly
Revised”
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Central Texas AMVETS Post
115
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For Information about AMVETS Ladies Auxiliary including joining
Ladies Auxiliary in Kyle, Texas visit
Auxiliary
Last updated: 05/2/2024