2nd Battalion, 1st Infantry Regiment Chapter
This Constitution and By-Laws were voted on and approved by the 2nd Battalion, 1st Infantry Regiment Chapter Board, to be effective upon the date of acceptance by the Americal Division Veterans Association as a newly formed chapter. In lieu of acceptance of the proposed chapter by the Americal Division Veterans Association, this document shall be effective June 1, 2011 for the formation of an independent entity open to membership as set forth in this document.
Constitution
Preamble
We, the Chapter Board and chapter membership having been honorably discharged, released from, or currently on active duty with the Armed Forces of the United States of America, and having served honorably with the 2nd Battalion, 1st Infantry Regiment, do unite to establish a permanent organization which shall be known as the 2nd Battalion, 1st Infantry Regiment Chapter.
Article I
Objectives
The objectives of this organization are to preserve and strengthen comradeship among its members; to maintain allegiance to the government of the United States of America, to its constitution and laws, and to honor its flag. We resolve to maintain, preserve and protect the United States of America from all enemies and perpetuate the history of the regiment and our comrades who paid the ultimate price to maintain America’s freedoms with service to their country. As a chapter of the Americal Division Veterans Association, we will adhere to the rules and regulations set forth by that organization.
Article II
Organization
Section 1: This organization, hereinafter referred to as “The Chapter”, shall consist of a national organization; membership requirements in said organization are described in the By-Laws of this document.
Section 2: Should the organization dissolve for any reason, all assets, after payment of any outstanding debts, are to be converted into cash to be distributed to a charity as determined by the active members at the time of the dissolution.
Article III
Amendments
Section 1:
This constitution may be amended by a majority vote of the active membership at the annual election, to be held in conjunction with the
annual Americal Division Veterans Association reunion.
Section 2:
Amendments shall be proposed prior to or at the opening of business at the annual meeting. Written proposals may be made via letter or electronic,
mail in advance of the meeting and submitted to the Chapter Board. Proposals presented at the opening of business at the annual meeting will be
reviewed by the Chapter Board and, if accepted, will be presented to the membership for a vote at the annual meeting or within 30 days following
the close of the annual meeting. The Chapter Board shall study all proposed amendments and may make recommendations to the membership as to
whether the amendments should be approved or rejected.
General Articles
Article I
Membership and Voting Rights
Section 1:
Classes of Membership: There shall be two (2) classes of members: ACTIVE and ASSOCIATE. Only active members shall have the right to vote.
No person who obtains membership in this chapter shall be permitted to retain said membership without providing an application form to be held
by the Chapter Board Secretary/Treasurer and fulfilling all requirements set forth by the Chapter By-Laws.
Section 1:
Eligibility Requirements:
A. Membership: Any officer or enlisted person, who has honorably served with the 2nd Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade,
previously designated and descendant units shall be eligible for active membership upon submission of proper application form. There are currently
no dues dues for this membership. The imposition of any future dues, to help fund the chapter, must be voted on by the chapter members and
amended to the By_Laws in due course. Any addition/increase in dues will not become effective until January 1st of the next year following
the amendment.
B. Active Membership: will be awarded to an individual who has served with distinction in the 2nd Battalion, 1st Infantry Regiment.
C. Associate Membership: may be recommended by an active member in good standing or applied for by the individual stating the reason for the
request. Widows/widowers will automatically be awarded this membership with no fees ever imposed. Other family members and friends of any
individual having served in the 2nd Battalion, 1st Infantry Regiment, shall automatically be eligible for this membership. Persons in general may
request this membership as a patron of 2/1 Infantry. The membership will reserve the right to vote on any future dues that may be assessed. Any
dues inacted in the future shall be by a majority vote of the membership and ratified at the annual meeting. Any addition/increase in dues will not be
effective until January 1 st the ensuing year.
Section 3:
Right to Vote: Active members in good standing only shall have the right to vote.
Section 4:
Right of office: Only active members in good standing shall have the right to hold elective or appointive office, to serve on committees or other
administrative bodies that may be established.
Section 5:
Application for Membership: Application for membership, shall be submitted on an approved form, completed in full and signed by the applicant.
The application shall be accompanied by such fees and dues applicable to the period in which the application is made. Application forms may be
submitted via mail or electronically. If submitted electronically, dues must be remitted within 30 days following the submission of the application.
Section 6:
Suspension or Expulsion: Any member having been suspended or expelled from the Chapter for any just cause may be considered for reinstatement
upon appeal to the Chapter Board, who shall study the causes for expulsion and make their recommendation. This decision shall be decided by
a majority vote of the Chapter board and is to be rendered within 60 days after the receipt of the appeal.
Section 7:
Causes for Suspension or Expulsion:
A. Any officer of this Chapter, elective or appointive, may be suspended from office and expelled from the Chapter for the following: (1) failure to
carry out the duties of their office, (2) violation of their oath of office, (3) unauthorized or misuse of Chapter funds or property, (4) conduct
unbecoming their office, (5) bringing discredit upon the good name of the Chapter, (6) non-payment of outstanding Chapter debts within a timely
manner, (7) failure to comply with the Constitution and By-Laws of the Association, (8) any actions deemed detrimental to the overall Chapter.
B. When found delinquent in their office, the individual concerned shall be notified by the Chapter Board of their contemplated suspension. This
notice shall request the individual to resign, or appeal to the Chapter Board, showing cause why he or she should not be removed.
Section 8:
Oath of Office:
A. "I __________ __________, do solemnly swear to bear allegiance to the United States of America and will defend her against all enemies. I do
further swear to abide by the Constitution and By-Laws of this Chapter and shall carry out my assigned duties to the best of my ability, so help
me God."
B. The Oath of Office shall be taken orally or in writing by each elected officer or member of the Chapter Board for each term of office and taken no
later than 30 days following the election. The Oath of Office shall be administered and documented by a Chapter Board member or a person so
designated by the Chapter Board. Documentation shall be retained by the Chapter Board Secretary/Treasurer.
Section 9:
Dues, Fees, Assessments, and Funds:
A. The Chapter Board, may set the rate on dues, fees, and other assessments necessary to balance the budget and make the Chapter financially
sound. This information shall be presented at the annual meeting held in conjunction with the ADVA reunion. Any requested changes and/or
suggestions will be voted upon by the membership at the annual meeting.
B. Annual dues shall become payable on January 1st and July 1st determined by the date the membership application is accepted. Notification
of dues renewal shall be sent to members from the Chapter Board Secretary/Treasurer or a designee by November 1st and May 1st according to
the application acceptance date. This notification may be written or by electronic mail. Membership dues may be solicitated once in the inagrual
year (2011) prior to the 1st annual membership meeting and all members paying dues shall fall into the aforementioned dues renewal time frames.
C. All fees and assessments shall become due upon demand.
D. Membership records shall be posted to show the date of payment and the date of expiration, and all membership credentials shall show the
appropriate dates of membership.
E. Any member must submit a petition in writing to the Chapter Board for approval to solicit funds.
Section 10:
Right of Redress:
A. All active members in good standing shall have the right of redress to the Chapter Board for any action by this Chapter or its Officers.
B. Any such petition shall be submitted in writing to the Commander of the Chapter stating the facts of the case, evidence pertinent to the case
and statements from any witness(es) to the complaint. The Commander of the chapter shall present the petition to the Chapter Board within
15 days of receipt. The Chapter Board members shall be required to vote and render their decision in writing and/or electronic mail to the
membership within 60 days of their decision.
Section 11:
Distribution of roster: Distribution or display of the Chapter’s membership roster, in electronic or printed format, shall be restricted. Roster
information shall not be distributed for profit and any member may opt out of having his/her name posted on any display or distribution. Any
and all distribution and/or display must have the approval of the Chapter Board and the membership is to be notified. The roster may not be sold
or used for monetary gain.
Article II
Chapter Board Officers
Section 1:
Chapter Board Officers:
A. The Chapter Board shall be an elective body consisting of not less than three (3) members nor more than seven (7) members, elected every two
years.
B. Initially, the Chapter shall have a Commander, Vice-Commander, and a Secretary/Treasurer. The Chapter Board
shall be elected from and by the membership at the annual meeting. Any addition of offices to the Chapter Board shall be done at the annual
meeting or through a unanimous vote by the membership when deemed appropriate.
C. The term of office for each member elected to the Executive Chapter Board shall be for two (2) years. A member shall be eligible for re-election
not to exceed four (4) consecutive years in office. After four consecutive years in office followed by a break of two years, a member shall be
eligible for re-election.
D. Duties of the Commander: (1) Preside over the annual meeting of the chapter membership. (2) Ensure all business of the Chapter is handled in a
timely and efficient manner. (3) Insure the Chapter has the necessary means to conduct its business. (4) Verify chapter records and reports
submitted by fellow officers. (5) Supervise all activities of the Chapter and cooperate with the officers of the ADVA to accomplish the mission
of both organizations. (6) Attend the annual ADVA national reunion and provide input as to the chapter status at their annual meeting. (7) Inspect
and audit all records and funds of the organization.
E. Duties of the Vice-Commander: (1) Preside over the chapter in the absence of the president. (2) Perform other duties as assigned by the president.
F. Duties of the Secretary:/Treasurer (1) Establish and maintain a checking account in the name of the Chapter for payment of the Chapter
obligations. (2) Receive, hold, and disperse all funds of the Chapter. (3) Responsible for the safekeeping of all monies and financial records of
the Chapter. (4) Maintain a checking account into which all funds will be deposited and dispersed as required by the business of the Chapter.
(5) Pay all authorized debts in a timely manner on behalf of the Chapter. (6) Provide the financial status of the Chapter at the annual meeting.
(7) Provide financial record for review to the president and vice-president. (8) Record all membership information in the chapter database,
providing a copy to the president and retain a backup copy of all documents and send notice of membership dues renewals to the membership.
(9) Be responsible for transfer of the Chapter account to any succeeding Chapter Secretary/Treasurer.
G. Duties of the Recorder: (1) Keep records of all proceedings and discussions of the Chapter Board, annual meetings, and document voting results
of the annual meeting. (2) Submit copies of the annual meeting to the National Ajdutant of the ADVA. (3) Assist the Secretary/Treasurer in
performance of his clerical duties wherever possible; with the exception of handling monies.
Section 2:
Duties of the Chapter Board:
A. To propose additional assessments and fees as may be necessary to meet the obligations of the Association.
B. To handle all appeals, petitions, and recommendations of any nature pertaining to the Chapter from active members and officers of the Chapter.
C. Investigation and review any action of suspension or expulsion regarding any officer or member from an elected or appointed office or the
membership in general and render judgment accordingly.
D. A quorum of two-thirds of the Chapter Board members is required for any balloting by the board. A majority vote of the quorum of members
shall be required to carry a vote set forth by the board or membership in general. Balloting may be conducted at the annual meeting or by mail.
The president or his designee shall conduct the balloting. A mail ballot will be invalid if it is not signed by the voting member and returned prior
to the annual meeting.
Section 3:
Chapter Board Officers: The officers of the Chapter Board shall be elected by the membership and shall consist of the following: Commander,
Vice-Commander, and Secretary/Treasurer. An office of recorder shall be appointed by the Chapter Board with no set term limits due to the nature
of the job. Additional offices may be added via amendment to these By-Laws by a majority vote of the membership.
Section 4:
Officers Eligibility:
A. All active members in good standing shall be eligible for any office in this Chapter, provided that the member has not previously been suspended
from office.
B. No member shall hold more than one (1) elective office at the same time. A member may hold one elective office and one or more appointed
offices at the same time, providing that one office does not conflict with another office.
C. All elected officers, when duly installed, shall serve during the period for which elected and until the next election and installation of officers.
Elected officers shall be considered duly installed when they complete the Oath of Office.
Article III
Nominations and Elections
Section 1:
Chapter Board Nominations:
A. A slate of elective officers to the membership at the meeting in the year of the election.
B. Nominations shall be an ongoing process throughout the current year up to and including the annual meeting.
C. Voting for elective officers will take place at the annual meeting, election requiring a majority of the members in attendance.
D. The Chapter Board Recorder shall enter into the minutes and provide voting results to the membership and the National Adjutant of the ADVA
within 45 days after the annual meeting.
E. Terms for elective office shall commence on January 1st of the year following the annual meeting.
Article IV
Miscellaneous
Section 1:
Nothing herein constitutes members of the Association as partners for any purpose. No member, officer or agent of this Association shall be liable
for the acts or failure to act under this Constitution and By-Laws, excepting only acts or omissions to act arising from willful malfeasance. Nothing
herein shall constitute any liability for acts or omissions committed by any entity associated with the Chapter. Each such activity stands alone and is
governed by the Constitution and By-Laws of the Chapter and the ADVA.
Article V
Indemnification of Officers
Section 1:
Indemnification: To the fullest extent permitted by law, every officer of the Chapter shall be indemnified by the Chapter against all expenses
and liability including reasonable attorney fees, incurred by or imposed upon him in connection with any Chapter business or proceeding to which
he may be a party, or in which he may become involved, by reason of his being or having been an officer of the Chapter, whether or not he is an
officer at the time such expenses are incurred.
Section 2:
Exclusions from indemnification: The foregoing right of indemnification shall not be available if a judgment or other final adjudication establishes
that his actions or omissions to act were material to the cause adjudicated and involved with circumstances as follow:
(1) Willful misconduct or a conscious disregard for the best interests of the Chapter, in a proceeding held by, or in the right of, the Chapter to
procure a judgment in its favor.
(2) A violation of criminal law, unless the officer had no reasonable cause to believe his action was unlawful or had reasonable cause to believe his
action was lawful.
(3) A transaction from which the officer derived an improper personal benefit.
Section 3:
Claims for Reimbursement: Reimbursement claims, upon submission of adequate documentation, shall be paid by the Secretary/Treasurer as
incurred. Theforegoing right of indemnification shall be in addition to, and not exclusive of, all other rights to which such officer may be entitled.
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