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ME AMVETS Bylaws






DEPARTMENT OF MAINE

BYLAWS

APPROVED JUNE 7, 2009


ARTICLE I - NAME

The name of this organization shall be AMVETS, Department of Maine, and it shall hereinafter be referred to as AMVETS (American Veterans).

ARTICLE II – AIMS and PURPOSES

The aims and purposes of this organization shall be set forth in the National Constitution of AMVETS.

ARTICLE III – MEMBERSHIP & DUES

Section 1.  The rules of eligibility for membership shall be as set forth in the National Constitution of AMVETS.

Section 2.  Each Post shall remit annually to the Department for each annual member an amount that is consistent with National provisions and established at the Department Annual Meeting and of this amount, a portion prescribed at the Department annual meeting shall be retained by the Department.

Section 3.  Life membership shall be in the amount established by National.  Of that amount a prescribed portion will be forwarded to National and the remaining portion shall be held by the Department in a Special Trust Fund and only the income derived from said funds shall be transferred to the General Fund for budget use.

ARTICLE IV – ADMINISTRATION

Section 1.  The administrative year of this Department shall be from July 1 to June 30.

Section 2.  The Department Commander shall vote only in the case of a tie.

Section 3.  The State Executive Committee (SEC) shall hold regular meetings, at a time and place to be designated by the Commander.  Regular meetings shall be held approximately every ninety (90) days.  Each Post shall be required to send elected delegates to a minimum of one (1) non-convention regularly scheduled SEC Meetings.


Section 4.  The SEC shall consist of the Department Commander, who shall act as its chairman, the National Executive Committeeman (NEC) and the Alternate, the Department Officers, three (3) delegates from each post, and the elected District Commander, officers, and Past Department Commanders.  The latter shall have all rights and voting privilege.  Fifteen members shall constitute a quorum for the transaction of Department business.

Section 5.  All Posts shall be fully paid up in their accounts with National Headquarters.  Upon compliance with all requirements, National Headquarters shall issue to each Post a revalidation Charter for that year.  On or before the 1st of each year, the National Commander, through National Headquarters, shall furnish each Department with a list of Posts within that Department who have not complied with the above requirements.  Whereupon, within two (2) months thereafter said department not withstanding and in addition to any other provisions for the Constitution and Bylaws, shall suspend the Charter of such post until it shall comply with such requirements prior to said suspension.  Any Charter so suspended shall remain suspended until said post shall have complied with such requirements and shall have received a revalidation charter from National.  Any Post whose charter remains in a state of suspension for a consecutive six (6) month period for any of the foregoing reasons shall have its Charter automatically revoked without any further action being necessary by either the Department or National Organization.  No Department shall have its representative seated or their expenses paid at any meeting of the NEC unless it has certified in writing that all posts in the Department have complied with the requirements or furnished written evidence that appropriate disciplinary action has been taken against all Posts not so complying.

ARTICLE V – CONVENTION

Section 1.  A Department Convention shall be held annually between May 15 and June 30.  The Convention Corporation shall submit a site, two years in advance for approval.  If the time and place so fixed proved inexpedient, then the Convention Corporation in a special session will recommend a new site at the next SEC meeting for their approval.

Section 2.  The Convention shall constitute the legislative body of the Department.

Section 3.  The Convention shall consist of Post Delegates, Department Officers and Past Department Commanders.
A. Each Post shall be entitled to six (6) delegates and six (6) alternates for its first one hundred and fifty (150) members or fraction thereof.  Thereafter, the Post shall be entitled to one (1) delegate and one (1) alternate for each additional one hundred (100) members or major fraction thereof.  The number of delegates and alternates to which each post is entitled shall be computed as of May 15 each year.
B. Department Officers shall have a vote at the Convention on all matters except for the election of officers.  Past Department Commanders shall have all rights and voting privilege, including election of officers.

Section 4.  Each delegate shall be entitled to one (1) vote.  The vote of an absent delegate may be cast by an alternate.  Alternates shall have all rights ands privileged of debate and discussion.

Section 5.  Sixty percent (60%) of the voting delegates, who have duly registered as being in attendance at the time of the Convention, shall constitute a quorum.


Section 6.  Delegates must be selected for the four major committees of the Convention as far in advance as possible, but no later than the January SEC.  These committees are to meet thirty (30) days prior to the Convention at a designated time and place, in order that they may receive and act on any resolutions, recommendations for nominations of officers, and proposed change or addition to the Bylaws, and offer any recommendations or credentials.  All four committees; Constitution and Bylaws, Nomination, Resolutions, and Credentials, should be briefed on their duties and responsibilities by a Department Officer.

Section 7.  Persons, who transfer from one Post to another, must be a member of the Post to which they transferred for at least six months before becoming eligible to represent said Post as a delegate or alternate at the Department Convention.

ARTICLE VI – OFFICERS

Section 1.  This Department shall elect 13 officers as follows:
    Commander            Four (4) Vice Commanders        Finance Officer
    Judge Advocate        Provost Marshall            Inspector General
    Adjutant            Chaplain                Service Officer
Maine Veterans Home Trustee (3-year Term)

Section 2.  The Department Commander with the approval of the SEC, shall appoint such officers deemed necessary to conduct the business and administration of the Department.  These officers shall include but not limited to the following:
    Legislative Officer        Public Relations Officer        Historian
    Executive Director        Americanism Officer            VAVS Representative
    Deputy VAVS Representative             Ladies Auxiliary Liaison Officer
    Sons of AMVETS Coordinator            Junior AMVETS Coordinator
                National Guard and Reserve Liaison

Section 3.  There shall be a Department Representative and alternate to the NEC, who shall also be a delegate to the National Convention in accordance with the National Constitution.

Section 4.  Officers listed above in Article VI, Section 1, shall be elected at the annual convention and shall take office immediately after their installation which is to be held no later than the end of the Department fiscal year, June 30, and the site and arrangements for this installation shall be at the discretion of the newly elected Commander.

ARTICLE VII – DUTIES OF OFFICERS

Section 1.  All elected Department Officers shall within thirty (30) days of their election to office, submit a copy of their DD214 to the Department Judge Advocate as proof of eligibility for membership in the organization.  This document is to be kept at a secure location during the individual’s term of officer and then returned to the named individual.  Copies not returned to the named individual shall be destroyed or provided to the individual’s estate.  Any elected officer failing to meet the provisions of this paragraph shall have their office declared vacant by the Department Judge Advocate upon expiration of the thirty (30) day period.



Section 2.  All Department Officers shall have paid their dues by December 31st of the previous year.  If officers fail to meet this obligation they shall automatically be removed from office.

Section 3.  In the event of the death, resignation or disability of the Commander, one of the Vice Commanders shall be elected as successor by the SEC, vacancies in any other office shall be filled by appointment of the Department Commander, subject to approval of the SEC.  Persons thus appointed shall take office immediately to serve the balance of the unexpired term.

Section 4.  SEC Officers may be removed from office for cause by two-thirds (2/3) vote of the ballots cast at any SEC Meeting, provided notice has been sent to said officer and to each Department Post at least thirty (30) days prior to the SEC meeting at which the vote is taken and provided, however, that if any officer shall not be a member in good standing, that officer may be removed from office by the SEC without notice.

Section 5.  Any elected Department Officer who misses two (2) meetings without official excuse during their year in office, may be removed from such officer by vote of the SEC.  However, if officially excused, such Department Officer must still perform their duties properly and failure to perform such duties may be cause for removal from office.

Section 6.  The procedure for such removal shall be in compliance with Article V, Section 2 of the National Bylaws.  Further more, such officer shall be ineligible to hold a Department Office for a period of one (1) year from such date of removal.

ARTICLE VIII – FINANCE

Section 1.  All finances shall be under the control of the Finance Officer, who shall make an annual report at the Department Convention.  Revenue shall be derived from annual dues and other sources approved by the SEC.  Expenditures shall be subject to approval of the SEC.

Section 2.  The annual budget shall be submitted for approval at the first State Executive Meeting following the annual Department Convention.
A. Members of the Finance Committee shall be elected at the Department Convention as follows: In the first instance, one (1) shall be elected for three (3) years: one (1) for two (2) years; and one (1) for one (1) year.  At the expiration of each term, members shall be elected for a full three (3) year term.
B. Within thirty (30) days after their election at the annual Department Convention, the Finance Committee shall meet and select a chairman and a secretary of their members, and shall proceed with their duties.  Said budget shall be prepared by the Department Commander and Finance Committee and approved by the SEC.
C. In the event a proposed budget is not approved by the aforesaid Finance Committee, the Finance Committee and/or the Department Commander shall bring the issue to the SEC.
D. If a Finance Committee member resigns their office, or is removed, the Department Commander, with majority approval of the SEC shall appoint a successor to fill the unexpired term.
E. Any surplus funds that are held by the Finance Officer at the end of the fiscal year shall be transferred to the General Savings Account.
F. No money shall be expended from the above mentioned account except at a Department Convention or a SEC Meeting, and after each Post has been notified of the purpose and intent to

expend the money from that savings account, at least thirty (30) days prior to Department Convention or SEC Meeting
G. Any resolution from a Department Convention involving the expenditure of funds, or any financial commitment shall be referred to the Finance Committee for determining availability of funds.  If the Finance Committee disapproves the expenditure, such disapproval must be submitted to the next meeting of the SEC for ratification or rejection.
H. The Department Commander shall receive $1700.00 per year and it shall be part of that budget.  The Department Vice Commanders and Department Provost Marshall shall receive collectively, a budget of $1,000.00 per year in re-imbursement for expenses that may be incurred in the performance of their duties.  Said expenses shall be submitted in writing at the Annual Convention to the Department Commander, who shall divide the reimbursement appropriately.
I.  The new Department Commander shall be presented with a white hat, symbolic of office, and the retiring Department Commander shall be presented with a Past Commander’s pin.  The cost of these items shall be included in the Department Commander’s budget.

Section 3.  All Posts, the Service Foundation, the Convention Corporation and/or other subordinate organizations, who wish to enter into a contract to solicit funds from the public for any reason shall present said contract to the SEC for approval after the Department Judge Advocate has reviewed said contract as mandated by the National Constitution and Bylaws.

Section 4.  The Department of Maine AMVETS and/or any subordinate or any Post wishing to solicit in the area of another Post must notify in writing presenting said Post at least ten (10) days prior to soliciting the dates form start to finish of each solicitation.  The solicitor also must not imply in any manner that the local Post is involved or connected with the said solicitor.

ARTICLE IX – UNIFORM AND INSIGNIA

Section 1.  The AMVETS Department of Maine uniform shall be dark blue blazers, gray trousers (men) or gray skirt or slacks (women), white shirt, black belt, black shoes, and a tie of their choice.  The AMVETS embroidered patch, 3” size, shall be worn on the upper left blazer pocket.  All elected and appointed Department Officers are required to appear in uniform at all official functions.

Section 2.  Uniform covers for the Department of Maine AMVETS are prescribed as follows:
    AMVET Dept. Officers – White with green embroidered trim and appropriate inscriptions
    AMVET Post Members – Green with gold embroidered trim and appropriate inscriptions

Section 3.  Past Department of Maine AMVET Officers may continue to wear at any official function, the cover which represents the highest officer that they held, whether at the Department level, District level, or National level.

ARTICLE X – POST

Section 1.  The National Constitution and Bylaws shall provide a uniform code of procedure to be followed in the revocation, cancellation, or suspension of Post Charters, and a method of appeal to the National Executive Committee.

Section 2.  Each Post shall be required to renew its charter prior to July 15th.  Such charter renewal shall be evidenced by an appropriate device to be issued by the National Headquarters.  In order to

renew such charter and to receive a revalidated charter, each post, aside from any other requirements imposed in the National Constitution and Bylaws, shall:
A. Furnish National and Department Headquarters with a certified list of current post officers.
B. File Internal Revenue Form 990 for a post calendar or fiscal year with the Internal Revenue Service and send a copy to National Headquarters.
C. Furnish National Headquarters with a copy of the Post’s current Constitution and Bylaws or a certification stating that the copy previously submitted has not been amended.
D. Any Post failing to supply certification of election of officers to the Department and National Headquarters on the form provided for this purpose, within thirty (30) days of that election, shall have their Charter considered in a state of suspension and shall be subject to disciplinary action as provided by their SEC and/or National Constitution.

Section 3.  Be fully paid up in its accounts with National Headquarters.  Upon compliance with all of the above requirements, National Headquarters shall issue to each Post a revalidation Charter for that year.  On or before the 1st of each year the National Commander, through National Headquarters, shall furnish each Department with a list of Posts within that Department who have not complied with the above requirements.  Whereupon, within two (2) months thereafter said department not withstanding and in addition to any other provisions for the Constitution and Bylaws, shall suspend the Charter of said post until it shall comply with such requirements prior to said suspension.  Any Charter so suspended shall remain suspended until said post shall have complied with such requirements and shall have received a revalidated charter from National.  Any Post whose charter remains in a state of suspension for a consecutive six (6) month period of any of the foregoing reasons shall have its Charter automatically revoked without any further action being necessary by either the Department or National organizations.  No department shall have its representative seated or their expenses paid at any meeting of the NEC unless it has certified in writing that all Posts in the Department have complied with the requirements or furnish written evidence that appropriate disciplinary action has been taken against all noncompliant posts.

Section 4.  Posts shall be governed locally by their own officers chosen according to their own Bylaws, except that election of officers shall be held annually between May and June 30.  Said officers shall be installed and assume officer no later than July 15.

Section 5.  SEC delegates from local posts shall be elected by each post.

Section 6.  Each Post shall be required to send a minimum of one delegate to non-convention regularly scheduled SEC Meetings.  (Amended by vote at Department Convention, June 6, 2010)

Section 7.  Wherever Post club rooms are maintained and operated for the convenience and pleasure of its members, and 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.
A. Said rules shall be submitted to the Department Judge Advocate for approval.  Upon approval of said rules by the Department Judge Advocate, the rules shall be recorded as part of the individual post’s Bylaws.
B. Additions and/or deletions to the aforesaid house rules so-called shall be submitted as above and made part of the record.



Section 8.  Each Post shall be entitled to six (6) delegates and six (6) alternates for its first one hundred and fifty (150) members of fraction thereof.  Each Post shall be entitled to one (1) delegate and one (1) alternate for each additional one hundred (100) members or major fraction thereof.  The numbers of delegates and alternates that each post is entitled shall be computed as of May 15 each year.

ARTICLE XI – DISCIPLINE

Section 1.  The National Constitution and Bylaws shall provide a uniform code of procedure to be followed in the revocation, cancellation, or suspension of Post charters, and a method of appeal to the NEC.

Section 2.  The procedure for removal of a Department Officer shall be in compliance with the National Constitution Article XII: Discipline, Section 1 and National Constitution Bylaws Appendix B: Suspension or Expulsion of Members.

ARTICLE XII – SUBORDINATE ORGANIZATIONS

AMVETS LADIES AUXILIARY

Section 1.  AMVETS, Department of Maine recognizes the organization known as AMVETS Ladies Auxiliary, Department of Maine.

Section 2.  The rules of eligibility for membership in the Ladies Auxiliary shall be the same as those prescribed by the National Constitution and Bylaws.

Section 3.  The Ladies Auxiliary shall be governed in each post by such rules and regulations as may be prescribed by the National Constitution and Bylaws and approved by the Department Executive Committee.

SONS OF AMVETS

Section 1.  AMVETS, Department of Maine recognizes the organization known as the Sons of AMVETS, Department of Maine.

Section 2.  The rules of eligibility for membership in the Sons of AMVETS shall be the same as those prescribed by the National Constitution and Bylaws

Section 3.  The Sons of AMVETS shall be governed in each post by such rules and regulations as may be prescribed by the National Constitution and Bylaws and approved by the Department Executive Committee.

JUNIOR AMVETS

Section 1.  AMVETS, Department of Maine recognizes a subordinate organization to be known as Junior AMVETS, Department of Maine.

Section 2.  The rules of eligibility for membership as a Junior AMVET shall be the same as those prescribed by the National Constitution and Bylaws

Section 3.  The Junior AMVETS shall be governed in each post by such rules and regulations as may be prescribed by the National Constitution and Bylaws and approved by the Department Executive Committee.

CONVENTION CORPORATION

Section 1.  AMVETS, Department of Maine recognizes a subordinate organization to be known as AMVETS, Department of Maine Convention Corporation.

Section 2.  The AMVETS, Department of Maine Convention Corporation shall consist of thirteen (13) members as follows: four (4) members shall be elected for three (3) years, four (4) members for two (2) years, and three (3) members for one (1) year.  The twelfth (12th) member (when possible) shall be elected from the site of the next convention year.
At the expiration of each term, members shall be elected to a full term of three years.  The Department Commander, Ladies Auxiliary President, Department Provost Marshall, Sons of AMVETS Commander, and Junior AMVETS Coordinator have the right to two (2) liaison representatives with voting privileges.

Section 3.  Election of members to the AMVETS Department of Maine Convention Corporation shall be held the first SEC Meeting following the Department Convention.

Section 4.  The Convention Corporation shall submit the site of the Department Convention one (1) year hence and shall be in charge of Department Convention arrangements.

Section 5.  Political campaigning by AMVETS Department of Maine shall not be allowed.

SERVICE FOUNDATION

Section 1.  AMVETS Department of Maine recognizes a subordinate organization to be known as AMVETS Department of Maine Service Foundation, Inc.

Section 2.  Any member in good standing of AMVETS, Department of Maine may be members of this subordinate organization but all activities shall be under control of the elected Board of Trustees.

Section 3.  ELECTIONS.  The Board of Trustees shall consist of fifteen (15) members, all of whom shall be members in good standing in AMVETS, Department of Maine.
The Board of Trustees shall consist of and include the following:
A. The incumbent Department Commander    D.  The Department Adjutant
B. The retiring Department Commander    E.  The National Service Officer/Officers
C. The Department Finance Officer

Section 4.  The terms of office for the forgoing named Board of Trustees shall be concurrent with their term of office in AMVETS Department of Maine.  The remaining nine (9) members shall be elected by the delegates at the annual Department Convention as follow:
    Three (3) for a term of one (1) year
    Three (3) for a term of two (2) years
    Three (3) for a term of three (3) years



Section 5.  MEETINGS.  The Board of Trustees shall hold its annual meeting in July.  Special Meetings may be called by the President of the Board or by any three (3) members, not less than ten (10) days in advance of such meeting.  All special or regular meetings shall be held at a place within the State of Maine that may be agreeable to a majority of the members of the Board of Trustees.  A quorum for any meeting shall consist of at least five (5) members in attendance.

Section 6.  BOG (Board of Governors)  All Department of Maine AMVETS Past Commanders are members of the Service Foundation Board of Governors and in that capacity they have oversight responsibility.

ARTICLE XIII – RIGHTS OF APPEALS

Section 1.  The Constitutional rights of all members shall be protected by the Rights of Appeal as provided in the National Constitution and Bylaws.

ARTICLE XIV – PARLIAMENTARY AUTHORITY

Section 1.  The parliamentary authority shall be Roberts Rules of Order, Newly Revised, for all matters not covered in these bylaws or National Constitution and Bylaws.

ARTICLE XV – AMENDMENTS

Section 1.  These Bylaws shall be automatically amended by any action taken by a National Convention of AMVETS where action shall affect these Bylaws.

Section 2.  Proposed changes to these Bylaws must be prepared and presented at the March SEC Meeting and subsequently reviewed at the May SEC Meeting for final consideration during, and subsequent vote at the following Department Convention.

Section 3.  These Bylaws may be amended by two-thirds (2/3) vote of the members present and voting at a Department Convention.




Reviewed and Revised:   (Ratification Date)


APPROVED:
    Date __________________    Judge Advocate ___________________________________

    Date __________________    Department Commander ____________________________