Constitution and Bylaws (C&B) Workshop

1. Constitution and Bylaws (C&B) Workshop Department Judge Advocate Department of VirginiaOctober 2014

2. Mission Statement We are dedicated to a single purpose: Empowering veterans to lead high-quality lives with respect and dignity. We accomplish this by making sure veterans and their families can access the full range of benefits available to them; fighting for the interests of America’s injured heroes on Capital Hill; and educating the public about the great sacrifices and needs of veterans transitioning back to civilian life.

3. Outline • “The Basics” • What is a Constitution? • What are Bylaws? • Who in the DAV is required to have a C&B? • What developmental guidance is available? • How is a DAV C&B developed? • Where and how to submit? • Q & A

4. What is a Constitution ? Merriam -Webster’s Collegiate Dictionary – “The basic law in a politically organized body; a document containing such law.” A constitution embodies the fundamental principles of an organization. It defines the purpose, structure, authority, and who makes up the organization. The constitution is the creator of power exercised by the governing body.” The Chapter Constitution provides a common direction and sets an expectation for the members.

5. What are Bylaws ? Merriam -Webster’sCollegiate Dictionary – “Rules adopted by an organization for managing its internal affairs.” All Bylaws, executive actions and judicial decisions must conform to the Constitution. Thus, a DAV Chapter, Department or National Constitution defines the purpose, structure, authority, and make up of the organization. Bylaws provide the rules for how the organization will accomplish the things stated in its Constitution.

6. Source of Chapter Constitutional Authority • The DAV National Charter, and Constitution and Bylaws • The DAV was incorporated by an Act of Congress on June 17, 1932. The Congressional Charter is 36 U.S.C. 50301 et seq. • IRS tax exempt under 26 U.S.C. 501(c)(4). Contributions to DAV are tax deductible pursuant to 26 U.S.C. 170(c)(3).

7. Who is Required to have a C&B ? • DAV National, each Department and each Chapter must have a Constitution and Bylaws. • Each and every DAV member PLEDGED to “support and obey the Constitution and Bylaws of the National, State and local organization.” Thus, being knowledgeable of the C&B at all levels is the responsibility of every DAV member!

8. C&B Development Guidance • DAV National C&B, Article 9, pertains to Chapters • (DAV National C&B is available online) • Chapter Constitution and Bylaws Guidelines and Suggestions by Arthur H. Wilson, National Adjutant (2004 – 2013)(Copies are available from the Department Judge Advocate)

9. Development of a Chapter C&B • Step 1: The Commander appoints a C&B Committee • Step 2: Committee members read the National and Department C&B’s • Step 3: Using the template provided in the “Chapter Constitution and Bylaws Guidance and Suggestions” document, the Committee draws up a draft C&B (type written). Be sure to include location, dates, nomination and election criteria and process, duties and succession of officers, financial process (voucher system?), committees and their duties, etc. • The C&B may be as many pages as necessary.

10. Development of a Chapter C&B • Step 4: The “draft” C&B must be read to the body • during two regularly scheduled business • meetings. • Step 5: A three-fourths majority vote of the present and • voting-eligible members in a regularly scheduled • business meeting is required to approve a C&B or • an amendment thereto. • Step 6: The C&B must be “attested” as having been • “adopted after the second and final reading on • (date),” and signed by the Commander and • Chapter Judge Advocate.Usually the C&B • Committee Chair “attests” the reading.

11. Development of a Chapter C&B Where and How to Submit? Attach a cover letter and forward THREE copies to the Department of Virginia Judge Advocate • Forward unfolded • Send First Class Postage - no need to certify

12. Development of a Chapter C&B What next? • The Department Judge Advocate reviews the document and forwards it to the National Judge Advocate. • The Department Judge Advocate must, in the forwarding cover letter, recommend approval or disapproval. The recommendation is not binding on the National Judge Advocate. • The National Judge Advocate will either approve or disapprove, and return one copy of the C&B to the Chapter, send one copy to the Department Judge Advocate, and retain one copy for National. If disapproved, the C&B must be corrected, once again read twice to the Chapter, approved by a ¾ majority vote, and forwarded to the Department.

13. Your New Constitution & Bylaws What next? Upon receipt of your approved C&B, make a copy available to each member of the Chapter, and affix a copy on the back of your Chapter Charter, which must be displayed at the Commander’s position at all Business Meetings. Be sure to alert all Chapter members that you have a new C&B, and you should provide a copy to each new Chapter member.

14. Common Errors & Pitfalls in Developing a C&B Failure to obtain the Chapter “attester”, Commander, and Adjutant signatures and date Failure to forward THREE copies to the Department Failure to proofread (spelling & grammar) Failure to read twice before voting - - (grievance issue) Make sure nothing in the C&B runs counter to the National and State C&Bs Make sure your C&B (Bylaws in particular) reflect how the Chapter does business The BIGGEST error is committed when a Chapter fails to follow its own C&B!

15. Department Judge Advocate • John C. Simmons • Mailing address: 4648 Portsmouth Blvd • Portsmouth, VA 23701 • Phones: (757) 465-7300 • (757) 377-5665 (c) • E-mail: jcpasimmons@verizon.net • adj@davchap22.hrcoxmail.com

16. QUESTIONS? THANK YOU!

17. DAV - Department of Virginia P.O. Box 7176 Roanoke, VA 24019 Toll free: 866-706-5889

18. This instructional guide, and the policies contained herein, were reviewed and approved by the Department Commander October 2014