AMVETS Department Of Florida Bylaws

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AMVETS Department of Florida BylawsEFFECTIVE OCT 27, 2019

Table of ContentsArticle IOrganizationPage 3Article IIOfficersPage 5Article IIIDepartment Convention and SEC MeetingsPage 8Article IVConvention ElectionsPage 9Article VRemoving OfficersPage 11Article VIFinancePage 12Article VIIChartersPage 15Article VIIIDiscipline of Post MembersPage 16Article IXUniformPage 19Article XEmployeesPage 20Article XIDiscrimination and HarassmentPage 21Article XIIDefinitionsPage 22Article XIIIParliamentary LawPage 22Article XIVNational OrganizationPage 22Article XVNational ConventionPage 22Article XVIPost OrganizationPage 23Article XVIISubordinate OrganizationsPage 24Article XVIIIBiannual Self Audit ProcessPage 25Article XIXAmendmentsPage 262

AMVETS Department of Florida, Inc.BYLAWSARTICLE I. ORGANIZATIONSection 1. The name of this organization shall be AMVETS (American Veterans), Departmentof Florida, Inc., and it shall hereinafter be referred to as Florida AMVETS.Section 2. Florida AMVETS shall be organized with a Department Executive Board (DEB), anExecutive Director, and under this, Districts and Posts. Florida AMVETS does not own aninterest in any social quarters, clubroom, canteen facility, or any other fund-raising activityoperated by a subordinate Post and said organization does not derive any profit from suchfacilities or activities. Florida AMVETS shall not, in any way, be responsible for the neglect orwrongful acts, omissions, contractual obligations, or debts of any subordinate activity orclubroom. These activities shall, always, be under the direct control of each Post. All funds,property, or assets of any kind or nature, as well as all books and records, shall remain theproperty of said Post and shall be placed in the care and custody of the respective FinanceOfficer.Section 3. The administrative powers between State Conventions and State ExecutiveCommittee (SEC) meetings shall be vested in the DEB. The DEB shall consist of theDepartment Commander, 1 Vice Commander, 2 Vice Commander, Finance Officer, JudgeAdvocate, Provost Marshall and immediate Past Department Commander. The DEB shall meetat the call of the Department Commander. All members of the DEB shall have a vote, and theDepartment Commander will vote only to break a tie. The Department Executive Director andthe Adjutant will be an ex officio member with the Adjutant recording the meeting, neither will nothave a vote.Section 4. There shall be no closed meetings to Florida AMVETS except for privileged mattersincluding executive sessions considering employment matters, legal advice, honors and awardsmeeting and grievance matters. Meetings are open only to AMVETS in Good Standing. Guestsmay be escorted into the meeting, then escorted out of the meeting once presentation has beencompletedSection 5.Florida AMVETS shall be divided into Districts composed of the following counties and all Postslocated within these counties shall be a member of their respective district.District IDistrict IIDistrict IIIDistrict IVDistrict VDistrict VIDistrict VIIDistrict VIIIDistrict IXDistrict X3Dade, Broward, MonroeBrevard, Orange, Volusia, Seminole, OsceolaHillsborough, PinellasJackson, Okaloosa, Walton, Holmes, Washington, Bay, Santa Rosa,EscambiaCalhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, Jefferson,Madison, TaylorCollier, DeSoto, Lee, Hendry, Charlotte, GladesPalm Beach, Martin, St. Lucie, Indian, River, OkeechobeeMarion, Citrus, Hernando, PascoManatee, Hardee, Sarasota, HighlandsNassau, Duval, Clay, Putnam, St. Johns, Flagler

District XIDistrict XIIHamilton, Suwannee, Lafayette, Dixie, Columbia, Gilcrest, Levy, Baker, Union,Bradford, Alachua,Polk, Lake, SumterA. Districts shall be formed with a minimum of three (3) active Posts. Once formed aDistrict may remain as long as there are two active posts in good standing.B. Each recognized Department District shall submit for approval a current and completecopy of its District Constitution and Bylaws, as revised and amended, to the DepartmentJudge Advocate within 30 days of such change. The Constitution and Bylaws will bereviewed at the annual meeting and if revised a copy will be forwarded to theDepartment Judge Advocate prior to May 15th.C. Each Recognized Department District in accordance with its constitution and bylaws isauthorized to elect or appoint subordinate officers as will be necessary and is required toforward a list of its officers to Department Headquarters within 20 days of election orappointment.D. Each recognized Department District is authorized to enact whatever administrative andfiscal policies and procedures as may be necessary to operate as a Department Districtincluding the authority to establish dues from the member Posts.E. Each District may at its discretion or by two-thirds (2/3) vote set per capital dues not toexceed one dollar ( 1.00) per annual member as of the State Convention each year.These dues are to be used for administrative expenses and the Commander’s travelexpenses. Newly chartered Posts shall be exempt from paying dues for one completeassessment year after issuance of their charter.F. No recognized Department district shall have administrative authority over its local posts.However, the District Commander’s duties include acting as a District Deputy InspectorGeneral. When called on by the Department Commander, the District Commander shalltravel within the geographic boundaries of the District for the purpose of representing theOrganization, investigate or assist in settling disputes, follow up, make recommendationsand report activities. The District 1st and 2nd Vice Commanders will, at the request of theDepartment 1st and 2nd Vice Commanders provide assistance in matters affectingmembership and programs. The Districts will assist the Department ensuring the Postswithin their Districts submit the Post revalidations to the Department prior to the duedate.G. Posts will not be revalidated if they have not paid their previous year’s per capita dues byMay 1st of the New Year.Section 6. Membership processing procedures shall be in accordance with the AMVETSNational Membership and the Department of Florida Membership Manual. The ExecutiveDirector and the Department 1st Vice Commander are responsible to ensure that the Departmentof Florida Membership Manual is up to date with latest changes and procedures from AMVETSNational Membership.Section 7. Any member in good standing may change membership in a post or a departmentand join a new post without repaying the current dues. Such transfer shall be subject to theapproval of the posts and departments involved. No transfer shall be denied by the post ordepartment from which transfer is requested without just cause. The losing post or departmenthas 30 days to either approve a request for transfer or show just cause why the transfer should4

not be executed. Failure to respond to the requesting (gaining) post or department in writing, byeither approving and returning the request for transfer, or providing just cause for denial ofrequested transfer, within 30 days, will be taken as approval for the requested membershiptransfer.Section 8. Membership shall run from September 1st through August 31st. Eligibility formembership and requirements for holding office within Florida AMVETS shall not bediscriminatory for any reason, including on the basis of race, color, religion, gender, sexualorientation, or national origin.Section 9. All monies, property, or assets of any kind or nature, as well as all books andrecords, owned, held, or used by any activity, clubroom, holding company, or post which may besponsored, conducted, or operated by, or on behalf of any post, county council, district, ordepartment shall be the property of such post, county council, district, or department, and mustbe placed in the care and custody control of the respective finance officers.ARTICLE II. OFFICERSSection 1. COMMANDER. The Commander is the senior executive officer of the Department.He shall preside at all meetings of the SEC, DEB and the State Convention. He may delegate avice commander to serve as a temporary substitute when needed. The Commander directs andsupervises the activities of all elected and appointed officers and committees. Together with theFinance Officer, the Commander is responsible for all funds received and expended by theDepartment. The Commander shall preside at all meetings. He shall be the business executiveof the Department and shall maintain a close liaison with National Headquarters. He shall be therepresentative of the Department with the State of Florida, and is the only officer authorized torepresent the Department within the State.A.The Department Commander shall, with the approval of the SEC, appoint the followingOfficers to serve during said Commander's term of office: Adjutant, Public RelationsOfficer, Chaplain, Inspector General, Deputy Inspector General(s), Sons of AMVETSCoordinator, Florida Junior AMVETS Coordinator and Legislative Officer. Furtherprovided that the Office of Chaplain be rotated annually, if possible, among the majorfaiths.B.The Department Commander shall appoint a Membership Committee and a ProgramsCommittee. Each Committee shall consist of at least four (4) members in addition to theVice Commander for that Committee, who shall be the Chairman for that Committee.C.There shall be an Honors and Awards Committee consisting of all Past DepartmentCommanders of Florida AMVETS and the current District Commanders, and theChairman shall be the immediate Past Department Commander, unless he declines,and in that event the Committee members shall elect a Chairman. The White CloverAward, given to the Department AMVET of the Year, shall be the Department's highestaward. Any member of the Florida AMVETS, except the Commander, is eligible for thisaward.D.There shall be a Bylaws Committee, consisting of the Department Judge Advocate asChairman, and at least four (4) members, as appointed by the Department Commanderwith the approval of the DEB. The members of this Committee shall elect a ViceChairman from among those on the Committee.5

E.The Department Commander shall appoint a Department Grievance Committee,consisting of a Chairman and five (5) members of the Florida AMVETS, to heargrievances and appeals provided for in these Bylaws. The Department Commandershall designate the Chairman. They will report their findings and recommendations tothe Department Commander and Judge Advocate and then to the SEC or Convention.This Committee shall function during the State Convention and SEC and such othertimes as is deemed necessary by the Commander.F.The Commander shall appoint, and Chair, a Personnel Committee consisting of aminimum of five (5) current or Past District Commanders. This Committee isempowered to employ a compensated "Executive Director" and a "MembershipProcessor", in accordance with Article X of these Bylaws.G. In addition, the Department Commander, with the approval of the DEB shall appointother Committees as deemed necessary for conducting Florida AMVETS business.Such appointees shall serve at the pleasure of the Department Commander, during theterm of the Department Commander who made the appointments.H.The Department Commander and Judge Advocate are members of all Committees exofficio without right to vote, except on the Committees in which they Chair. The FinanceOfficer is a member of all Committees in which finances of the Department areconcerned, but shall have voice but no vote, except in the Finance Committee.I.The Department Commander shall appoint an Honor Guard Committee. ThisCommittee shall be comprised of a minimum of five (5) members or prior members ofFlorida AMVETS Post Honor Guards. Each Post having an established Honor Guardshould be equally represented on this Committee whenever possible. The Committeemembers shall elect the Chairman of this Committee.J.There shall be a Florida AMVETS Finance Committee, consisting of the Finance Officeras the Chairman, three (3) members elected from the floor at the Convention, who shallbe on a rotating basis for three (3) year terms. At each Convention, one (1) member tothe Finance Committee shall be elected for a three (3) year term. The Commander shallappoint a successor to fulfill any vacated position. This appointment will remain in effectuntil the next Department Convention at which time a member will be elected to servethe unexpired term of the vacated position. No two (2) members of this Committee shallbe from the same Post or District, except for the Finance Officer.Section 2. The duties of the elected officers and committees shall be performed, basically asprescribed in these Bylaws, and with the National Officers Manual, but not limited to them.Section 3. FIRST VICE COMMANDER. The First Vice Commander shall be charged with themembership programs and shall assist the Commander in carrying out the duties of his officeand functions. He shall perform such other duties as may be required of him by theCommander. In the absence of the Commander, the First Vice Commander shall preside at allmeetings and Conventions of the Department. If the Office of Commander is vacated, the FirstVice Commander shall act as Commander until the successor is designated pursuant to theprovisions of these Bylaws. He is of equal rank to the Second Vice Commander.Section 4. SECOND VICE COMMANDER. The Second Vice Commander shall be chargedwith promoting all programs and activities as set forth by the National Second Vice Commander.He will also promote all programs as set forth by the Department. He will assist theCommander in carrying out his duties as directed by the Commander. In the absence of theCommander, and the First Vice Commander, the Second Vice Commander shall preside at all6

meetings and the Conventions of the Department. If the Office of Commander and First ViceCommander are vacated, the Second Vice Commander shall act as Commander until asuccessor is designated pursu