VIETNAM VETERANS OF AMERICA

ALABAMA STATE COUNCIL

 

CONSTITUTION AND BY-LAWS

  

ARTICLE I – NAME

 

The name of the organization shall be Vietnam Veterans of America, Alabama State Council and hereafter be referred to as the State Council.

 

ARTICLE II – PURPOSE

 

The purpose of the State Council and its Chapters are:

 A.     To help foster, encourage, and promote, throughout the State of Alabama, the improvement of the condition of the Vietnam-era veterans and others.

B.     To promote physical and cultural improvement, growth and development, self-respect, self-confidence, and usefulness of Vietnam-era veterans and others.

C.     To eliminate discrimination suffered by Vietnam-era veterans and to develop channels of communication, which will assist Vietnam-era veterans to maximize self-realization and enrichment of their lives and enhance life-fulfillment.

D.     To study, on a non-partisan basis, proposed legislation, rules, or regulations introduced in any Alabama legislative or administrative body which may affect the social, economic, educational, or physical welfare of the Vietnam-era veterans and others, especially in the areas of employment, education, training, and health.

E.      To conduct and publish research, on a non-partisan basis, pertaining to the relationship between Vietnam-era veterans and the people of Alabama, the Vietnam War experience, the role of the United States in securing peaceful co-existence for the world community, and other matters which affect the social, economic, educational, or physical welfare of the Vietnam-era veterans or others.

F.      To assist disabled or needy veterans including, but not limited to, Vietnam-era veterans and their dependents, and the widows and orphans of deceased veterans.

 

ARTICLE III – RULES OF ORDER

The rules of order at any meeting of the State Council shall be Robert’s Rules of Order, Newly Revised.  Interpretation of these rules of order shall be by the Parliamentarian of the State Council.  The Parliamentarian of the State Council shall be appointed by the State Council President, subject to approval of the State Council.

ARTICLE IV – MEMBERSHIP

 SECTION A:  Each Chapter within the State of Alabama shall be represented on the State Council.  Representation will consist of two delegates from each active Chapter within the State of Alabama. The delegates shall be selected by the members of each Chapter during a time designated by the Chapter President.  These delegates shall represent the Chapter on all matters to come before the State Council.

SECTION B: Each Chapter in good standing within the State of Alabama shall also be entitled to one (1) additional delegate for each block of 25 members above 50. Chapters not in good standing or on suspension will not be allowed delegate votes until such time as the chapter is returned to good standing.

SECTION C:  Each delegate to the State Council shall each be entitled to one vote, per motion, during meetings of the State Council.

SECTION D:  Each Chapter within the State of Alabama shall be responsible for ensuring the attendance of one of their delegates at not less than one half of all the meetings held annually by the State Council.  Failure to comply with this requirement shall be sufficient grounds for disciplinary action against the Chapter in accordance with the provisions of the General Provisions of the constitution of the Vietnam Veterans of America, Incorporated, as amended and the Code of Disciplinary Procedures of the National Office.

SECTION E:  Each Chapter within the State of Alabama may select one alternate delegate for each delegate who shall represent the Chapter in the absence of any delegate.

SECTION F:  Each Chapter within the State of Alabama shall notify the Secretary of the State Council, prior to any meeting of the State Council, delegates and alternates selected.  This notification shall include the names of these delegates and alternates.  They shall also notify the Secretary of the State Council whenever a change occurs.

ARTICLE V – ELECTION OF OFFICERS

SECTION A: The delegates to the State Council shall elect, from the individual membership within the State of Alabama: a President, a First Vice-President, a Second Vice-President, a Secretary, a Treasurer, and such other officers as may be deemed necessary or proper by the State Council.   To qualify for election, an individual must have been a member in good standing for a continuous period of one year at the time of election.

SECTION B:  Election of officers shall, upon nomination, be by vote, during the bi-annual meeting of the State Council.  These meetings shall be held during even-numbered years.

SECTION C:  Officers shall serve for a period of two years or until the seat held by such officer shall be deemed vacant pursuant to the provisions of this Constitution.

SECTION D:  Except as provided by SECTION B, ARTICLE VI, a vacancy in any office of the State Council shall be filled for the unexpired term by a vote of the delegates to the State Council.  The first order of business at the meeting immediately following such a vacancy shall be the election of an individual to fill the office that has been vacated.  The individual elected to fill the vacancy shall immediately begin to serve in the elected office.

ARTICLE VI – EXECUTIVE COMMITTEE

SECTION A:  The Executive Committee consist of the elected officers (President, First Vice-President, Second Vice-President, Secretary, and Treasurer ), the representative of the State Department of Veterans Affairs (SDVA), and the most recent past State Council President.  In the event the SDVA representative or past State Council President does not wish to be a member of the Executive Committee, their posts will be filled, by any member of any Chapter, by election and approval of the State Council.

SECTION B:  The Executive Committee shall meet immediately prior to any meeting of the State Council or when the President deems a meeting to be in the best interest of the State Council.

SECTION C:  A quorum of the Executive Committee shall be the majority of the members of the Executive Committee.  The act of the majority of the committee members present, shall be act of the committee, except as otherwise provided by law, the National Constitution, this Constitution, or the rules, procedures, or directives of the State Council.

ARTICLE VII– DUTIES OF OFFICERS

SECTION A:  The State Council President shall be the principal executive officer of the State Council, shall preside at all of the meetings of the State Council, and shall appoint the chairpersons of all committees, subject to the approval of the State Council.  He or she shall be the official representative of the State Council to the Corporation on all matters relating to the business of the State Council.  The State Council President shall execute all instruments or documents authorized for such execution by the State Council, except in those situations where other persons have been expressly delegated that authority by the State Council, this Constitution, or by the Executive Committee of the Corporation.  The State Council President shall review all fundraising proposals, which require the approval of the Executive Committee of the Corporation, as set forth in Article IV of the National Constitution, and make a recommendation to the Executive Committee.  He or she shall forward a copy of the recommendation to the Chapter and the Corporation within 15 days after receipt of a completed proposal.  The State Council President shall have the authority to insure that all Chapters and the State Council are in compliance with all governmental statutes, rules, and regulations.

SECTION B:  The State Council First Vice-President shall assist the State Council President and shall perform, from time to time, such other duties as the State Council may determine to be necessary.  He or she shall perform the duties of the State Council President in the event of the President’s inability or refusal to act as State Council President.  Additional duties of the First Vice-President will include Chairman of the State Constitution Committee and Financial Review (audit) board.  In the event of the death, removal, or resignation of the State Council President, the First Vice-President shall assume the position of President for the remainder of the President’s term.

SECTION C: The State Council Second Vice-President shall assist the State Council President and shall perform from time to time, such other duties as the State Council may determine to be necessary.  The Second Vice-President will also serve as Chairman of the Membership Committee and be responsible for all matters  concerning such.

SECTION D:  The State Council Secretary shall be the custodian of the minutes, correspondence, and other documents relating to the business of the State Council.  The Secretary shall record the minutes of the regular and special meetings of the State Council and shall provide each Chapter in Alabama with a copy thereof within a reasonable time after such meetings.  The Secretary shall give, or cause to be given, notice of all meetings for which notice is required by this Constitution and shall perform other duties as the State Council may determine to be necessary.

SECTION E:  The State Council Treasurer shall collect, receive, deposit, and disburse the funds of the State Council as directed by the State Council.  The Treasurer shall render financial statements and reports during regular meetings of the State Council and any reports required to be made to or by the National Offices of the Vietnam Veterans of America, Inc.  The Treasurer will also be the Chairman of the Financial Committee.  He or she shall perform other duties as the State Council may determine to be necessary.

SECTION F: The State Council President shall, appoint a Sergeant-At-Arms, who shall be a NON-VOTING member of the Executive Committee.  Primary duties will be to preserve order at all State Council meetings and shall perform other duties as the State Council may determine to be necessary.

SECTION G: The State Council President shall, appoint a State Council Chaplain who shall be a NON-VOTING member of the Executive Committee.  The Chaplain should attend all State Council meetings and be in charge of the spiritual welfare of the State Council.  He or she shall perform other duties as the State Council may determine to be necessary.

SECTION H: The State Council President shall, after consultation with all Chapter Associate Member Liaisons, appoint an Associate Member Liaison who shall be a NON-VOTING member of the State Council.  This appointment shall be subject to the approval of the State Council.

ARTICLE VIII– MEETINGS

SECTION A:  Regular meetings of the State Council shall be held at least four times per calendar year and at a location designated by the State Council.  Written notice of such meetings shall be sent to the Chapters in the State Council by the Secretary.  This notice must be in writing and shall be by first class mail.  Such mail must be deposited with the United States Postal Service in time to arrive within 30 calendar days prior to the meeting.

SECTION B:  Special meetings of the State Council may be called by the State Council President or by petition of 25% of the regular delegates to the State Council.  Written notice of any special meeting shall be given to each members and delegates of the State Council at least 15 days prior to any such special meeting.  The written notice shall be by first class mail and deposited with the United States Postal Service in time to arrive within the time specified.

SECTION C:  At least one-half of the delegates to the State Council must be present at each meeting to constitute a quorum for the transaction of business.

SECTION D: The majority of the vote of the delegates attending State Council meetings shall determine adoption or rejection of any issue.

ARTICLE IX COMMITTEES

SECTION A:  The State Council shall establish eight standing committees:  Veterans Affairs, Economic Affairs, Membership Affairs, Legal Affairs, Public Affairs, Government Affairs, Minority Affairs, And Constitution.  It may also establish other committees as are necessary or proper to conduct the business of the State Council.  Each of the committees shall perform functions described in the Constitution and By-Laws of the National Organization.  The President of the State Council shall appoint the Chairperson of these committees, subject to the approval of the State Council.

SECTION B: The President of the State Council shall appoint a Disciplinary Committee which will consist of a Chairman and minimum of two other members in good standing from chapters representing a geographical balance of the state.  This committee will be responsible for investigating complaints or charges against Chapters or members and return their findings to the State Council for disposition.

 ARTICLE X – FINANCE

Raising of revenue for the operation of the State Council shall be in strict compliance with the Constitution and By-laws of the National Organization.  An operating budget will be prepared annually by the Financial Committee during the last quarter of each calendar year and presented to the State Council at the first meeting of the calendar year.  A financial audit will be conducted bi-yearly or immediately after the installation of a new State Council President or Treasurer.

ARTICLE XI– FISCAL YEAR

The fiscal year of the State Council shall commence on the first day of March and end on the last day of February in each year.

ARTICLE XII– OTHER

The Alabama State Council will annually, prior to the meeting of the second calendar year quarter,  review and adopt a policy and procedures manual for the operation of the Alabama State Council and Chapters.  Eligibility for State Council supported financing will be in accordance with the Operating Procedure presented by the Finance Committee and approved by the State Council.  

ARTICLE XIII– AMENDMENTS

Proposed amendments to the Constitution must be submitted in writing.  Written notice of such proposed amendments shall be given to all Chapters for reading, to their respective members at least 90 days in advance of the date of the meeting at which the proposed amendment is to be voted upon.  Publication of the notice in the State Council minutes shall be considered as written notification provided the minutes are mailed at least 60 days in advance of the meeting.  This Constitution may then be amended at any regular scheduled State Council meeting by two-thirds vote of the delegates present at such meeting.