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DEPARTMENT OF MAINE
VETERANS OF FOREIGN WARS
of the United States
DEPARTMENT BY-LAWS
ARTICLE 1 - NAME AND JURISDICTION
Section 1. This subdivision and subordinate unit of the Veterans of Foreign Wars of the United States shall, by virtue of Charter granted, be known as the Department of Maine, Veterans of Foreign Wars of the United States, hereinafter referred to as “Department”.
Section 2. The jurisdiction of this Department shall include the entire limits of the State of Maine.
ARTICLE II - OBJECTIVES AND AUTHORITY
Section 1. Objects: The objects of this corporation shall be fraternal, patriotic, historical, charitable, and educational; to preserve and strengthen comradeship among its members; to assist worthy comrades; to perpetuate the memory and history of our dead; and to assist their widows and orphans; to maintain true allegiance to the government of the United States of America, and fidelity to its Constitution and laws; to foster true patriotism; to maintain and extend the institutions of American Freedom; and to preserve and defend the United States from all her enemies, whomsoever.
Section 2. Authority: The supreme authority over this Department shall be vested in the National Convention of the Veterans of Foreign Wars of the United States. The Department shall at all times be governed in accordance with the Congressional Charter and By-Laws adopted by said National Convention, the mandates of the National Council of Administration, and orders of the Commander-in-Chief.
Section 3. Subject to the above provisions, this Department shall be governed by its Department Convention, Department Council of Administration, and its lawful orders of the Department Commander.
ARTICLE III - MEMBERSHIP
Section 1. Membership in the Department and its several Posts shall be governed by all applicable provisions of the National By-Laws.
ARTICLE IV: OFFICERS AND DUTIES:
Section 1. The officers of the Department, their eligibility, method of nomination, election or appointment, installation and terms of office shall be prescribed by National By-Laws.
Section 2. The duties of all officers shall be as prescribed by National and Department By-Laws; mandates of the Department Convention or Department Council of Administration, or by lawful orders.
Section 3. Quartermaster:
(a) In addition to the duties imposed and reports required by National By-Laws, the Department Quartermaster shall render a report in detail of the finances and membership of the Department at each meeting of the Council of Administration, and shall furnish such other information, pertaining to his/her office, as the Council may require.
(b) All vouchers submitted by the Department Adjutant will be paid in a timely manner.
Section 4. Adjutant: In addition to the duties imposed by National By-Laws, the Department Adjutant shall within thirty (30) days after the date of Department Convention each year, prepare a roster of all the Posts in the Department, and shall indicate thereon the time and place of Post meetings, and the name and mailing address of each Post Commander, Post Adjutant, and immediately following each Department Convention, the Department Adjutant shall include a complete roster of names and addresses of all Department Officers and District Commanders. The Department Adjutant shall furnish copies of the roster to each Post Commander, each Department Officer, each District Commander, and each Past Department Commander. He/she shall also notify the above officers of all changes of Department Officers and their addresses as they occur.
Section 5. Reports: The Department Commander and members of the Council of Administration shall make a report of their official activities either orally or written, at each Council of meeting, and shall submit annual reports in writing at least thirty (30) days prior to the Department Convention.
ARTICLE V - DEPARTMENT CONVENTION.
Section 1. The Department shall hold its annual convention on the second weekend that contains Friday, Saturday and Sunday in the month of June.
Section 2. The Department shall consist of such National, Department and Post Officers as the National By-Laws may prescribe, together with the duly elected delegates and alternates from the several posts, who shall have been elected in accordance with provisions of the National By-Laws. Each Post in good standing shall be entitled to one (1) delegate and one (1) alternate for each thirty (30) members or fraction thereof in good standing at the time of the election of delegates.
Section 3. Three (3) consecutive days shall constitute the minimum time for holding a Department Convention.
Section 4. The Department Commander shall designate, with the approval of the Council of Administration, a Department Convention Director. The Convention Director shall appoint, with the approval of the Department Commander, such additional committee members as may be deemed necessary. Said Committee to have charge of administration of each Department Convention.
Section 5. The following rules and regulations shall govern voting at Department Convention.
(a) The list of Post Delegates and Post Alternates to be honored must bear signatures of both the Post Commander and Post Adjutant.
(b) At time of voting, the comrade casting the vote will have to announce his/her name for purpose of checking authenticity. This check to be made by the Credentials Committee during roll-call vote.
(c) The Post Commander must be present and registered in order for his vote to be cast. In the absence of the Commander, the Senior Vice Commander may register in his place. In the absence of both the Commander and Senior Vice, the Junior Vice Commander may register.
(d) The Chief Teller will submit to the Department Adjutant one certified report, signed by the tellers, of the vote tallied following each roll-call taken and said tallies (report) will be retained as a part of the Convention Records.
(e) Registration of Post Delegates and Alternates will close at 10:00 am on the day of the election of Department Officers to allow the Credentials Committee time to make official tabulations.
(f) A roll-call of a Post vote as cast by authorized Post delegates may be challenged at the call of any three officers or delegates representing three different Posts or any one member of the Credentials Committee.
Section 6. A Convention Site Selection Committee shall be appointed by the Department Commander to investigate and recommend to the Council of Administration suitable sites for Department Convention. Said Committee to consist of six (6) members as appointed by the Department Commander and Two (2) present District Commanders. The Committee to receive bids for sites from the various posts as well as to investigate other possible sites; to report annually to the Council of Administration not later than the mid-winter meeting their recommendations for convention sites for one year from the following June. The Council of Administration to have final determination of convention location.
ARTICLE VI - COUNCIL OF ADMINISTRATION
Section 1. The Council of Administration shall consist of such officers as National By-Laws prescribe.
Section 2.
(a) The Council of Administration shall convene in regular session the second weekend that has a Friday, Saturday and Sunday in the months of July, October, January and April.
(b) Exceptions when Easter falls on that weekend preceding Easter Sunday or under extenuating circumstances. Under an extenuating circumstance, the Council of Administration will vote to approve any change of dates.
(c) Special meetings of the Council may be called by the Department Commander at his/her discretion. A special meeting of the Council shall be called upon written request or by e-mail of a majority of Council members.
(d) Each Council Member shall be notified in writing of the time and place of each Council meeting at least five (5) days prior to the date of such meeting.
Section 3. A majority of the Council Members present shall constitute a quorum for the transaction of business, provided however, that there shall be at least a majority of members present.
Section 4. The Council of Administration shall keep a full and detailed record of its proceedings.
Section 5. The duties of the Council of Administration shall be to administer the affairs of the Department in the interim between annual conventions, in accordance with National and Department By-Laws and the mandates of the Department Convention.
ARTICLE VII - DEPARTMENT OFFICERS
Section 1. The Department shall be divided into the number of districts as voted on by the Council of Administration (CoA), each of which shall be under the supervision of a District Commander.
Section 2. Assignment of Posts and Districts shall be by vote of the Department Convention. New Posts that are instituted between Department Conventions shall be temporarily assigned by the Department Commander to the District whose Commander signs the application for charter.
Section 3. Department Districts shall function within the jurisdiction and subject to the authority of the Department Convention and shall be governed by National and Department By-Laws and lawful orders.
Section 4. Elective Officers of each District shall be a Commander, a Senior Vice Commander, a Junior Vice Commander, a Quartermaster, a Judge Advocate, a Surgeon, a Chaplain and three (3) Trustees.
Section 5. Appointive officers in each District shall be an Adjutant and such additional appointive officers as the District Commander deems necessary for the proper functioning of his District.
Section 6. The District Commander shall prepare and furnish to each Post in his/her jurisdiction and the Department Adjutant a schedule of proposed District Meetings for the current year. Each schedule to indicate date, time and place of meeting. The schedule to be furnished not later than the first Council of Administration following each Department Convention. Notice of changes in schedule that may become necessary must be forwarded to the Department Adjutant at least ten (10) days prior to the scheduled meeting.
Section 7. Each District Adjutant in the Department shall submit a copy of each District meeting minutes to the Department Adjutant not later than seven (7) days following each District Meeting.
ARTICLE VIII - CONTROL OF FUNDS
Section 1. No officer, group of officers, committee or individual member shall expend or commit Department funds, or in any way obligate the Department without prior authority and then only, in cases of expenditure of Department funds, the Department Adjutant will draw a voucher and present it to the Department Quartermaster, who will then make out a check signed by him and countersigned by the Department Commander in a timely manner, in accordance with Section 517 of National By-Laws and Manual of Procedures.
ARTICLE IX - RESOLUTIONS
Section 1. All resolutions shall be typewritten and forwarded as to reach the Department Adjutant at least thirty (30) days prior to the convening date of the Department Convention. Any resolution of any emergency nature may be presented from the floor of the Department Convention.
ARTICLE X - MISCELLEANOUS
Section 1. Department Headquarters shall be located at the same address of the incumbent Department Adjutant.
Section 2. The books of the Department Quartermaster and those of any Department Assistant Quartermaster who have control of any Department funds, shall be audited once each quarter by the Department Auditing Committee and a report of same submitted to the next meeting of the Council of Administration.
Section 3. Reserve Fund: That a minimum of five hundred dollars ($500.00) be set aside each year and placed in a reserve fund. This fund to be drawn upon only in an emergency by two-thirds (2/3) affirmative vote of the members of the Council of Administration. This fund not to exceed one-half (1/2) of the current year’s total budget.
Section 4. Travel Allowance: Amount to be spent on travel allowance shall be established by the Budget Committee, with the approval of the Council.
Section 5. National Convention: The travel allowance for the Department Commander while attending the National Convention shall be as follows: Transportation: Commercial jet coach, round trip fare from nearest airport to Commander’s home to site of convention. Hotel Room: will be for the length of the National Convention plus one day. Rates will be for double occupancy rates prevailing at the hotel that is assigned to Maine at the Convention. Per diem: Will be at the prevailing rate as established by the IRS for the particular year and area. Number of days of Per Diem will be the length of time of the National Convention plus two (2) days.
(a) The Senior Vice Commander’s travel allowance while attending the National Convention shall be 90% of the total allowed for the Department Commander.
(b) The Junior Vice Commander, Quartermaster, Adjutant and immediate Past Department Commander travel allowance while attending the National Convention shall be 80% of the total allowed for the Department Commander.
Section 6. Per Capita Tax: Per capita tax shall be established at $9.00. Three dollars and Twenty five cents ($3.25) of the per capita tax shall be earmarked for the Rehabilitation and Service Account.
(a) If the National Organization, through their National Convention, changes their By-Laws to allow an increase in per-capita dues, then the Department of Maine will raise their per-capita at the same rate as the National per-capita increase. 25% of any Department per-capita increase shall be earmarked for the Rehabilitation & Service Account.
Section 7. Quartermaster Bonds: The Department Quartermaster shall be authorized to make necessary negotiations with a commercial bonding agency to provide bonds for all Posts, Districts, and Department. The Department Quartermaster shall at expiration period of all bonds, order bonds for all units in the Department. He/she shall also make such adjustments in the amounts of these bonds as shall be reflected by information shown on the most recent Quarterly Trustees Report of Audit (Form P-113) and bill these units for their premiums.
Section 8.
(a) Any and all canteens or bars located so as to be part of any Veterans of Foreign Wars facility and/or premises owned or rented by the Veterans of Foreign Wars shall close and remain closed during any Veterans of Foreign Wars Post, Districts or Department Meeting or formal installation.
(b) The Department of Maine VFW does not own an interest in any clubrooms, canteen, facility or any fund-raising activity operated for or on behalf of the Department of Maine or National VFW. The Department of Maine VFW does not derive any profit from such facilities or activities. Clubrooms, canteens, facilities and other fun-raising activities of chartered units are carried on by such units in furtherance of the fraternal, patriotic, historical and educational purposes set forth by the Congressional Charter of the Veterans of Foreign Wars of the United States.
(c) The Department of Maine VFW does not lend money or extend credit to any chartered unit. It is in no manner responsible for the debts or any other liability incurred by any chartered unit or any clubroom, canteen, facility or other fund-raising activity operated by it. As unincorporated associations or corporations, they are responsible for their own debts and liabilities. To the extent that the Department of Maine VFW is threatened with or sustains damage arising from a debt or liability incurred by a chartered unit, the Department of Maine VFW may seek to recover such damages and any costs and expenses incurred from such chartered unit or persons responsible for such debt or liability.
Section 9. Consolidation of two or more Posts: Two or more Posts in the Department of Maine may consolidate as provided for in Section 209 of the National By-Laws and Manual of Procedures.
Section 10. Notification in Writing: Not withstanding the provisions herein, written notification can include the use of any carrier including the use of e-mails with return receipt notification.
ARTICLE XI - MEN’S AUXILIARY
Section 1. The organization and disbandment of the Men’s Auxiliary shall be as prescribed by the National By-Laws and Manual of Procedures.
Section 2. Per Capita Tax: $10.00 per member Per Capita Tax for the Men’s Auxiliary shall be established and approved by the Council of Administration. The Per Capita Tax will be forwarded to the Department Quartermaster by 31 December of each year in order for the member to be a Continuous Member of the Men’s Auxiliary.
ARTICLE XII - AMENDMENTS
Section 1. These By-Laws may be amended by Department Convention, by two-thirds (2/3) affirmative vote of the members present; provided however, that the amendments shall not be considered unless a copy of same shall have been forwarded thru channels to all Post Commanders and all Council Members at least ten (10) days prior to convening date of the Department Convention as outlined in Article V, Section 1, above.
Section 2. Amendments to those By-Laws shall become effective only upon review of the Commander-in-Chief.
END
PASSED BY:
Department Convention 6-9-2007
SENT FOR REVIEW
FOR THE COMMANDER-IN-CHIEF
REVIEWED
FOR THE COMMANDER-IN-CHIEF
Section 3. Whenever these By-Laws or subsequent amendments may be fond to be in conflict with the present or any future National By-Laws, the latter shall prevail and be binding upon this Department as though written herein.
NOTE: Section 3 was added by VFW National Headquarters prior to signature by John J. McNeill Jr. on Aug 30, 2007.
REVIEWED AUG 30, 2007
FOR THE COMMANDER-IN-CHIEF
//SIGNED//
JOHN J. McNEILL, JR.
ASSISTANT ADJUTANT GENERAL
BY KEVIN C. JONES, DEPUTY DIRECTOR
ADMINISTRATIVE OPERATIONS
STATE OF MAINE LEGISLATORS
Washington D.C. Offices
Locator
Senator Olympia J. Snowe
154 Russell Senate Office Building
Washington , D.C. 20510-1903
Phone: 202-224-5344
Fax: 202-224-1946
E-mail: Contact Via "Web Form"
Web Site: snowe.senate.gov
Senator Susan M. Collins
413 Dirksen Senate Office Building
Washington , D.C. 20510-1904
Phone: 202-224-2523
Fax: 202-224-2693
Web Site: Collins.senate.gov
E-mail: Contact via "Web Form"
Representative Tom Allen
1127 Longworth House Office Building
Washington , D.C. 20515
Phone: 202-225-6116
Fax: 202-225-5590
Web Site: tomallen.house.gov
E-mail: rep.tmallen@mail.house.gov
Representative Michael Michaud
1724 Longworth House Office Building
Washington , D.C. 20515
Phone: 202-225-6306
Fax: 202-225-2943
Web Site: Michaud.house.gov
E-mail: Contact Via "Web Form"
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