Revised and approved at State Convention, June 2018 ... · (co Departments shall specify candidate...

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Revised and approved at State Convention, June 2018. AMVETS DEPARTMENT OF MICHIGAN CONSTITUTION AND BY LAWS 2018-2019 Effective June 2018 1

Transcript of Revised and approved at State Convention, June 2018 ... · (co Departments shall specify candidate...

Page 1: Revised and approved at State Convention, June 2018 ... · (co Departments shall specify candidate eligibility certifcation procedures in the bylaws or convention rulesg The department

Revised and approved at State Convention, June 2018.

AMVETS DEPARTMENTOF MICHIGAN

CONSTITUTION ANDBY LAWS2018-2019

Effective June 2018 1

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Appendix E: AMVETS Uniform Department Constttton (In accordance with Artcce IX, Secton 10 of the Natonac Consttttono

Secton 1. Departments shall be organized with a headquarters located as authorized by the departmentconvention or an intervening State (DDepartmentt Executive Commitee (DSEC or DECt meetingg Local postsshall be formed, and intermediate administrative groups may be created by the State Executive Commitee to function within their respective jurisdiction where such action is deemed advisableg This appendix to the AMVETS National constitution shall be the constitution for all departmentsg Departments shall formulate By Laws to address those aspects of operation not covered in this constitution no later than July 1, 2i007g

Secton 2. Departments shall be composed of state ofcers—both elected and appointed—and the members of the State Executive Commiteeg It shall be the duty of the state ofcers to advance the cause of AMVETS, to carry out its aims and purposes, and to provide for realization of the plans and policies established by the mandates of the department convention and the State Executive Commiteeg

Secton 3. Each department shall conduct its convention, to be held annually between May 15 and June 30, at which time it shall elect department Ofcers and its delegate and alternate to the national convention and its national executive commiteeman and alternateg Elected department ofcers shall assume ofce not later than July 15g National executive commiteemen and alternates shall assume ofce in accordance with Article VII, Section of this Constitutiong

(aoThe department convention delegation shall be comprised as prescribed by the Department Bylawsg

(bo Each post shall choose a delegate(Dst and an alternate(Dst at a post meetingg

(co The department commander shall vote only in the case of a tieg

(do Each delegate shall be entitled to one voteg Alternates shall have all the rights and privileges of their delegates except they shall vote only in their delegate’s absenceg No delegate or alternate, however, shall be seated at the department convention unless the individual’s accounts with department headquarters are fully paid upg

(eo No delegate of an accredited post shall be seated at the department convention unless the respective post shall be fully paid up in all its accounts with department headquarters and department districtsg No post delegate or alternate shall be permited to register as such unless the delegate or alternate shall have been a member in good standing on the department rolls for at least 30 days prior to the opening of said convention and possesses a membership card or other satisfactory evidence identifying the delegate or alternate as a member of the post from which the individual is registeringg

(ft Departments shall specify convention quorum requirements in by laws or convention rulesg

(go No department convention bids shall be received on the convention oor unless they are previously submited to the Department Finance Commitee and/or the State Executive Commitee, in accordance with the rules of said commitee, and in accordance with the rules and procedures of the State ExecutiveCommiteeg

(ho Convention Chairmen shall be chosen in accordance with the Department Bylawsg Effective June 2018 2

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(io The Convention Rules Commitee, aaer reviewing and making necessary changes, shall present to the State Executive Commitee at a regular SEC meeting, for its approval, the Rules of the Annual Convention following the SEC meeting at which the rules are consideredg The Department Headquarters will then circulate those rules to the posts at least 30 days prior to the Annual Conventiong The Rules of the Convention may be amended by a majority vote of the delegates assembled at the Annual Department Conventiong

Secton 4.

(ao The department convention shall elect a department commander, a department frst vice commander, a department second vice commander, a department fnance ofcer, a department National Executive Commiteeman, a department Alternate National Executive Commiteeman, a department provost marshal, a department judge advocate, and any other ofcers prescribed in the Department Bylawsg

(bo No member shall be eligible for any department ofce unless the individual is fully paid up in all accounts with the department headquarters 30 days prior to the opening date of the department conventiong

(co Departments shall specify candidate eligibility certifcation procedures in the bylaws or convention rulesg The department commander, with the consent and approval of the State Executive Commitee, shall appoint and have the power to remove a department chaplain, a department inspector general andsuch other ofcers and commitee chairmen as specifed in the Department Bylawsg These appointmentsshall be made at the post-convention SEC meetingg

Secton 5. All elected and appointed department ofcers shall be members of the State (DDepartmentt Executive Commiteeg The authority for ofcers to vote on the State (DDepartmentt Executive Commitee shall be prescribed in the Department By Lawsg

Secton 6.

(ao An elected ofcer may be removed from ofce only by a two-thirds vote of the Department ExecutiveCommitee aaer writen charges against such ofcer shall have been preferred and furnished by certifedmail to the ofcer concerned and to the members of the Department Executive Commiteeg A full hearing shall be held by the Department Executive Commitee on charges preferred against an elected department ofcerg Such hearing shall be held not less than 30 days aaer the charges are referred and mailedg

(bo The procedure for removal from ofce of elected ofcers shall be prescribed by the State Executive Commitee on recommendation of the department judge advocate in accordance with the UNNIFORM CODE OF PROCEDUNRE FOR THE SUNSPENSION OR EXPUNLSION OF A MEMBER (AMVETS Natinal Bylaws, Appendix B)

Secton 7. Department ofcers elected at a department convention shall be installed in ofce at a ceremony held at the Conventiong The term of ofce shall be as prescribed in the Department Bylawsg

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Secton 8. In the event of a vacancy in the ofce of department commander, the department frst vice commander shall succeed to that ofce, except that the Department bylaws may prescribe election of the department commander by the State Executive Commitee. In the event of a vacancy in the ofce of the department frst vice commander, the department second vice commander shall assume the ofce of department frst vice commander. Any additional vice commanders specifed in the department by laws shall similarly participate in successiong

Secton 9. In the event of a vacancy in the ofce of the most junior vice commander, department fnanceofcer, department provost marshal or department judge advocate, or other elected ofcer, regardless of the reason for such vacancy, the department commander shall appoint an AMVET to fll the vacant ofce for the unexpired termg Such appointment shall be with the approval of the State Executive Commitee and the appointee shall be in compliance with all qualifcations and restrictions regarding theholding of said ofce as set forth in any other article of the constitution and bylaws of AMVETS, except the requirement of electiong On approval of the State Executive Commitee, the appointee shall assume all powers and responsibilities pertaining to the ofce as though electedg

Secton 10. The administrative power between department conventions shall be vested in the State Executive Commitee, which shall be composed of the department commander, the department frst vice commander and the department second vice commander, all other elected department ofcers, past department commanders and others as prescribed by the Department By Lawsg Each of the above members shall be entitled to one vote except the department commander, who shall vote only in case of a tie, and except that the past department commanders present may be entitled to vote as prescribedin the Department Bylawsg

Secton 11. Voting members of the State Executive Commitee shall be delegates to the department convention, each entitled to one vote, providing their respective posts have complied with all the provisions of the department constitution and bylawsg

Secton 12g The management of the Department budget as approved at the state convention shall be under the control of the State Executive Commitee, which shall delegate sufcient general and specifc authority to the Department Finance Commitee, as authorized by the Department Bylaws, to carry out the usual duties of such commiteeg The Department Finance Commitee, with the approval of the State Executive Commitee, shall have the authority to retain independent investment experts as needed for consultation in supervising any and all AMVETS fundsg

(ao The Department Finance Commitee shall consist of members as prescribed in the department bylawsg

(bo The Finance Commitee shall meet prior to each SEC meeting, or at other times as set forth in the department bylawsg

(co The Finance Commitee shall make an annual report to the department conventiong Revenue shall be derived from annual dues and such other sources as may be approved by the State Executive Commiteeg

(do The Finance Commitee shall submit a provisional annual budget as prescribed in the Department Bylawsg

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Secton 13. The following provisions shall govern the establishment and administration of the budget of the Department Headquarters:

(ao The Finance Commitee has the sole fduciary responsibility to prepare and present a budget that is fscally soundg

(bo In determining the budget, revenue shall be based on tangible assumptions and realistic and/or proven income projections to include revenue that provides funding for the operations and programs approved by the Finance Commitee, State Executive Commitee, and department conventiong

(co In the full execution of approved programs within the budget, expenses shall be budgeted as realistically as possible to ensure overall spending integrityg

(do A contingency budget line shall be developed solely to address unexpected expenses during the operating fscal year and included in the budgetg

(eo In no case shall the Department Finance Commitee or any other body of the department organization be permited to adopt or approve a budget in which the expenses, provisions for capital expenditures and provisions for debt reduction exceed the income established aboveg UNnder no circumstances, however, shall the aggregate budget as approved by the Department Convention be over-expendedg Violation of any of the foregoing provisions by any person shall constitute cause for disciplinary action, including removal from ofce or dismissal from employmentg

(fo Any person who willfully violates any provision of this section shall, in addition to any other disciplinary action taken, be personally fnancially liable for any amount spent that exceeds the budget appropriations unless such excess had prior approval of the Department Finance Commiteeg Any salary or expense money due or to become due to such person may be retained by the organization to ofset all or any part of the unauthorized over-expenditureg

Secton 14. The Department Finance Commitee shall have the power and authority to designate the depository banks or other fnancial institutions to receive deposits into various accounts belonging to the Department and to disburse such funds on checks signed by two or more persons designated by the Department Bylaws

Secton 15. The fscal year shall be designated in the department bylawsg

Secton 16. Any resolution emanating from a department convention involving the expenditure of funds or any fnancial commitment shall be referred to the Department Finance Commitee for approvalg In reviewing resolutions adopted at a department convention, the Department Finance Commitee shall have three options: (D1t provide funding from the newly adopted department budget, (D2it defer funding pending appropriate planning by the department staf as part of the next fscal year or (D3t deny funding based on current and projected funding levelsg If a resolution is denied or deferred because of a want of available funds within the meaning of Section 13 hereof, the Department Finance Commitee shall report such decision to the Department Executive Commitee at its next meetingg

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Secton 17.

(ao The State Executive Commitee, aaer notice and hearing, may cancel, suspend or revoke the charter of any post for good and sufcient causeg Procedure for any such action shall be as prescribed by AMVETS National Bylaws, Appendix Ag

(bo In the event of the cancellation, suspension or revocation of any charter of any Post, the suspended body shall have the right of appeal to the next department conventiong

Secton 18. As prescribed in the Department Bylaws, the department commander, aaer notice, may invoke and formulate a trusteeship to take over the operation of a post for good and sufcient reasons and for the well being of the AMVET organizationg

Secton 19. From among the voting membership of the State Executive Commitee, the state commander shall appoint a State Grievance Commitee, consisting of three members, to hear grievancesand appeals as are provided for in this constitution and bylaws and to report its fndings and recommendations to the State Executive Commiteeg The state commander shall designate the chairmang This commitee shall function during the state convention, meetings of the State Executive Commitee, and upon the call of the state commander or State Executive Commiteeg Such appointees shall serve at the pleasure of the state commander with the advice and consent of the State Executive Commiteeg The state commander and state judge advocate shall serve as ex-ofcio members of this commitee without voteg

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AMVETS DEPARTMENT OF MICHIGAN BY-LAWS2018-2019

ARTICLE I - Name of Organizaton Page 8 ARTICLE II – Organizaton Page 8 ARTICLE III - Department Conventons Page 8 ARTICLE IV - Department Ofcers Page 10 ARTICLE V - Execttve Department Page 11 ARTICLE VI- Dttes of Ofcers Page 12 ARTICLE VII – Posts Page 15 ARTICLE VIII – Districts Page 16 ARTICLE IX – Finances Page 16 ARTICLE X - Stbordinate Organizatons Page 19 AMVETS Atxiciary, Sad Sacks, AMVETS Michigan State Service Fotndaton, Jtnior AMVETS, Sons of AMVETS, AMVET Riders ARTICLE XI - Standing Commitees Page 20 Americanism Commitee Page 20 Armed Forces & Foreign Recatons Commitee Page 20 Atdit & Review Page 20 Constttton and By Laws Commitee Page 21 Conventon Commitee Page 21 Finance Commitee Page 22 Higgins Lake Board Page 23 Homecess Veterans Commitee Page 23 Honors & Awards Commitee Page 23 Legiscatve Commitee Page 23 Membership Commitee Page 23 Natonac Commanderss Totr Page 24 Personnec Advisory Board Page 24 Programs Commitee Page 25 Strategic Pcanning Commitee Page 25 Technocogy and Commtnicatons Commitee Page 25 ARTICLE XII - Natonac Memoriac Fcower Page 27 ARTICLE XIII – Defnitons Page 27 ARTICLE XIV – Pocicy Page 27 ARTICLE XV – Discipcinary Procedtre and Ottside Actons Against the AMVETS Org. Page 27 ARTICLE XVI – Indemnifcaton Page 28 ARTICLE XVII – Amendments Page 28 Effective June 2018 7

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AMVETS DEPARTMENT OF MICHIGANBY-LAWS

2018-2019

ARTICLE I - NAME OF ORGANIZATION

The name of this organization shall be AMVETS (DAmerican Veteranst Department of Michigan and shallbe hereinaaer referred to as the Departmentg

ARTICLE II - ORGANIZATION

1g The Department shall be composed of and organized into Districts and Posts, and it shall beadministered and governed through a Legislative Department and Executive Departmentg 2ig The Department shall be divided into Districts as follows: DISTRICT I: Jackson, Lenawee, Monroe, Washtenaw, and Wayne Countiesg DISTRICT II: Bay, Huron, Lapeer, Macomb, Midland Stg Clair, Saginaw, Sanilac, and Tuscola Countiesg DISTRICT III: Clinton, Eaton, Genesee, Ingham, Livingston, Oakland, and Shiawassee Countiesg DISTRICT V: Otawa, Kent, Ionia, Gratiot, Montcalm, Muskegon, Oceana, Newaygo, Mecosta, Isabella,Calhoun, Branch, Hillsdale, Berrien, Cass, Stg Joseph, Van Buren, Kalamazoo, Allegan and Barry Countiesg DISTRICT VI: Mason, Manistee, Osceola, Clare, Wexford, Missaukee, Kalkaska, Grand Traverse, Benzie,Leelanau, Charlevoix, Antrim, Emmet, Crawford, Oscoda, Alcona, Roscommon, Ogema, Iosco, Otsego,Gladwin, Lake, Arenac, Montmorency, Alpena, Presque Isle Cheboygan, DISTRICT VII: Keweenaw, Houghton, Ontonagon, Iron, Baraga, Gogebic, Marquete, Dickinson,Menominee, Delta, Alger, Schoolcraa, Luce, Mackinac and Chippewa Counties.g

ARTICLE III - DEPARTMENT CONVENTIONS

1g A Department Convention shall be held annuallyg The time and place of any Convention shall be fxedby a previous Conventiong The Department Convention shall function as the Legislative Department ofthe Departmentg 2ig At least faeen days prior to the Department Convention the Executive Director shall certify each Postmembership as re ected by Department recordsg Each Post shall have ten days in which to protest andcorrect its certifcation if it does not re ect the true membership of the Postg The membership recordsof the Department Headquarters, fve days before the Department Convention, shall be considered theofcial record of the membership for the purposes of the Conventiong Effective June 2018 8

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3g Delegates and Alternate Delegates to the Annual Department Convention may be either appointed orelected by the membership of each Post in accordance with the Constitution & By-Laws of each PostgThe elected members of the SgEgCg, as enumerated in ARTICLE IV, sections 1, 2i & 3 of these Bylaws, andall Past Department Commanders, who shall be members of the AMVETS Department of Michigan at thetime of the vote, shall have the right to cast one vote whenever personally present, provided however,that in no event shall any AMVET have more than one vote at such conventiong Other members of theSgEgCg shall have the right to cast one vote as a delegate-at-large on all occasions except on the roll call ofPostsg The Department Commander shall vote only in case of a tieg

Ag Each Post will be required to pay a revalidation fee at the time of revalidating equal to thecurrent pre-registration fee for two convention delegatesg UNpon successful revalidation thePost will be entitled to two delegates with no additional registration fee requiredg A post mayrequest a waiver of fee’s through the SEC due to extenuating circumstancesg

Bg Each Post shall be entitled to two delegates and two alternates for their frst ten members;and one delegate and one alternate for each additional twenty-fve members thereaaerg

Cg Each delegate shall be entitled to cast one vote, except on roll calls, when any delegatepresent may cast as many votes as the number of delegates have personally appeared and haveregistered at the conventiong Further provided, no delegate shall be entitled to vote if the Post that herepresents is delinquent in the following: District Dues, Certifcation of Election of Post Ofcers,submital of a copy of the Post Constitution & By Laws or a Certifcate stating no change from theprevious copy, fling of Internal Revenue Form 990 for the previous calendar year with the UNgSg InternalRevenue Service; if required by IgRgSg regulations, with a copy being sent to the Department and NationalHeadquarters, and payment of all accounts due to the Departmentg Dg On June 1st of each year, Posts not having complied with the foregoing requirements shall beconsidered delinquent and ineligibility of their delegates to vote at the convention and shall remainuntil such time as said requirements are met in fullg g Alternate Delegates shall have all the rights and privileges of delegates, except that of voting whenthe Delegate is presentg The vote of an absent delegate may be cast by his alternateg Each delegate andalternate shall be a member of, and designated by, the Post he represents and must be present to casthis voteg 5g Sixty percent of the voting delegates duly registered for the convention shall constitute a quorum forthe transaction of all lawful business before said conventiong 6g Any person who transfers from one Post to another must be a member of the Post to which he hasbeen transferred for at least 30 days before becoming eligible to represent said Post as a delegate oralternate at the Department Conventiong This Section shall not apply to members of Posts that havechartered since the previous Department Conventiong 7g All mandates and policies enacted by a convention shall be efective immediately upon adoption,unless such mandates or policies shall, by their own terms, otherwise provideg Provided it does not fallunder the purview of Art IX Para 1 of this documentg

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8g All business meetings of the Department shall be conducted in an orderly manner with mutualrespect and civil discourseg Any and all meetings and all maters and proceedings not otherwiseprovided for herein shall be conducted pursuant to the current edition of Robert’s Rules of Order.

9g Resolutions shall be in writen form, signed by a delegate or ofcer of the sponsor Post or Districtand submited to the Chairman of the Resolutions Commitee or the Department Headquarters, faeendays prior to the opening of the Department Conventiong Department Commitees may presentresolutions to the Convention aaer presenting the resolution to the Resolutions Commitee at theDepartment Convention whenever possibleg Resolutions may be presented on the Convention oor atthe discretion of the Membershipg 10g At the annual Department Convention, the out-going Department Commander shall be designatedas the delegate to the National Convention, and the incoming Department Commander shall bedesignated as the Alternate Delegate to the National Conventiong

11. If testiinials are held at Departient Cinventin they will replace the Cinventin Banquetg

ARTICLE IV - DEPARTMENT OFFICERS

1g The Department Convention shall annually elect a Department Commander, 1st Vice Commander,2ind Vice Commander, 3rd Vice Commander and Provost Marshalg A Finance Ofcer and Judge Advocatewill be elected on the odd years and serve for a two-year termg 2ig The Department of Michigan's Representative and Alternate Representative to the National ExecutiveCommitee shall be elected by the Department Convention on the even years for two-year terms andshall be designated as the National Executive Commiteeman (DNEC-Mant and Alternate NationalExecutive Commiteeman (DAlternate NEC-Mant respectivelyg 3g Each District, at a District Council Convention or meeting prior to the Department Convention, shallelect a District Commander and an alternate who shall be the District 1st Vice Commanderg The resultsof said elections shall be announced at the opening of Nominations and Elections of State Ofcers atthe Department Conventiong The District Commanders shall be installed in ofce with the othermembers of the State Executive Commitee g The term of ofce of the elected Department Ofcers shall commence immediately upon theadjournment of the Department Convention, and they shall serve until the adjournment of thesucceeding Department Convention and thereaaer, until their successors have been chosen andinstalledg

Ag The Department Commander may succeed himself in ofce for one additional term but serveno more than two consecutive years unless there is a need to succeed to such ofce as a result of avacancy occurring between conventions and there are no other willing candidatesg

Bg The NgEgCg-Man or Alternate NgEgCg-Man shall not succeed himself in ofce except when hehas succeeded to or been appointed to such ofce as a result of a vacancy occurring betweenconventionsg

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5g Vacancies in any of the elective ofces occurring between Department Conventions shall be flled asfollows: Ag In the event a vacancy shall occur in the ofce of Department Commander such vacancy shallbe flled by the 1st Vice Commander for the unexpired termg In the event of a vacancy in the 1st ViceCommander position, the 2ind Vice Commander shall fll the term of the 1st Vice Commander for theremainder of the unexpired termg The SgEgCg shall then fll the vacancy in the Ofce of the 2ind ViceCommanderg Bg Any vacancy other than that of the Department Commander, Department 1st ViceCommander or District Commander shall be flled by an election by the SgEgCg for the unexpired term ofsuch ofceg Cg In the event of a vacancy in the Ofce of District Commander, the vacancy shall be flled by theDistrict 1st Vice Commander for the unexpired termg In the event of a vacancy in the Ofce of District1st Vice Commander, the vacancy shall be flled by the District 2ind Vice Commander for the unexpiredtermg The District Constitution & Bylaws shall determine the method of selecting other ofcers to fllvacanciesg 6g All ofcers responsible for monies in the Department shall be bonded in accordance withrequirements established by the SgEgCg 7g The Department Commander, with the consent and approval of the SgEgCg, shall appoint a Chaplain,Inspector General, and Legislative Directorg The Department Commander may also appoint an Aide-de-Camp to the Department Commander at his discretiong These appointments shall be for one yearg 8g No person shall be eligible for any elected ofce on the SgEgCg unless proof of eligibility formembership in AMVETS has been recorded by the Convention Commitee prior to the opening ofnominations for said ofceg Appointed members of the SgEgCg shall provide proof of eligibility formembership in AMVETS prior to approval of such appointment by the SgEgCg Any member anticipatingrunning for ofce must be prepared to present his/her DD Fm 2i1 g 9g Elected Department Ofcers shall be authorized to wear the "White Cap" designating that ofceduring the term of that ofce and for succeeding yearsg Appointed ofcers, Department ServiceOfcers, and Department Commitee Chairmen may be authorized by the Department Commander towear the "White Cap" designating that ofce, position, or commitee during the term of theappointment onlyg Those AMVETS wearing a National Cap, by virtue of appointment, shall wear thatcap during the term of the appointment onlyg

ARTICLE V - EXECUTIVE DEPARTMENT 1g The Executive Department shall be composed of the State Executive Commitee (DSgEgCt and Ofcers ofthe Department as shall be hereinaaer providedg 2ig The SgEgCg shall consist of the Department Commander, the 1st Vice Commander, the 2ind ViceCommander, the 3rd Vice Commander, the Finance Ofcer, the Judge Advocate, the Provost Marshal, theNEC-Man (Dor in his absence the Alternate NEC-Man onlyt, each District Commander and the ImmediatePast Department Commanderg The Department Commander shall be the Chairman of the SgEgC and shallEffective June 2018 11

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vote only in the event of a tieg The Executive Director shall be the secretary to the SgEgCg without a votegThe Legislative Director, Inspector General, Chaplain and Aide-De-Camp to the Department Commandershall be members of the SgEgCg without a voteg 3g The SgEgCg shall be responsible for the enforcement of the provisions of the Constitution and By-Lawsof the Department and the Mandates of each Department Convention and the establishment of policiesin accordance therewith, except as such mandates and policies shall be in con ict with the NationalConstitution & By-Laws, and Mandates of each National Conventiong The SgEgCg shall maintain anexpense reimbursement policy (Dif funds are availablet for its members and SgEgCg meetings, which shallbe instituted or changed only by a two-thirds vote of the SgEgCg g A majority of the voting membership shall constitute a quorum of the SgEgCg5g The SgEgCg shall convene immediately following the adjournment of the Department Convention andtransact necessary business that may come before the Commitee, and thereaaer, it shall meet at leastthree times before the next conventiong Such meetings shall be called by the Department Commanderat a reasonable time and place designated by himg Emergency meetings may be called by theCommander, or by two-thirds of the voting members of the SgEgCg 6g The Department shall maintain an Administrative Headquartersg 7g The Department Headquarters shall consist of the Executive Director and such other positions as theSgEgC shall authorizeg 8g The Service Department shall be under the direction and direct supervision of the Service DirectorgThe Service Department shall consist of the Service Director, Service Ofcers and such other personnelas the SgEgCg shall authorizeg

ARTICLE VI - DUTIES OF OFFICERS 1g COMMANDER: The Department Commander shall be the administrative head of the Department andshall carry out the duties imposed upon him by the Constitution and Bylaws and the Mandates of theDepartment Conventiong He shall be the ex-ofcio member of all commitees of the Departmentg Heshall have the responsibility for the carrying out of all administrative acts on behalf of the Department,except as such acts shall be contrary to this Constitution and By-Laws, the mandates of the Convention,and the policies and regulations established by the SgEgCg and Department Conventiong The DepartmentCommander may delegate authority to any other Department Ofcer whenever necessaryg 2ig 1st VICE COMMANDER: The 1st Vice Commander shall perform all duties delegated to him by theDepartment Commander, and in the absence of the Department Commander at a function requiring hispresence, shall act in the Department Commander's steadg He shall be the Membership Director for theDepartment and serve as Chairman of the State Membership Commiteeg 3. 2i nd VICE COMMANDER : The State 2nd Vice Commander shall coordinate all veteran welfare programs including but not limited to VAVS, White Clover, Civil Disaster, Carillon Committee, Family Welfare, POW/MIA, and Veterans Employment. The 2nd Vice Commander shall also:

1) Review and re-evaluate the existing veteran’s programs and report the recommendations to theDepartment Commander and to the State Executive Committee.

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2) Coordinate all state veteran’s programs between national, department, district, and post levels. Includes responsibility for all program reporting requirements.

3) Be charged with the responsibility of studying and recommending new veterans programs to the Department Commander and State Executive Committee for consideration.

4) Be indoctrinated on all VAVS programs at the VA Hospitals, Clinics, and State Veterans Homes.

5) Serve as chairman of the department Veterans Welfare Committee.

4. 3 rd VICE COMMANDER : The State 3rd Vice Commander shall coordinate all post and district program chairmen. The 3rd Vice Commander shall also:

1) Review and re-evaluate the existing programs and report recommendations to the Department Commander and to the State Executive Committee.

2) Coordinate all state programs between National, Department, District and post levels.

3) Be charged with the responsibility of studying and recommending new programs to the Department Commander and State Executive Committee for consideration.

4) Be indoctrinated on all programs of the State organization and its subsidiaries, especially those involving contact with the general public.

5) Serve as chairman of the department Program Committee 6) Serve as Co-Chairman of the Department Americanism Program. 5g FINANCE OFFICER: The Finance ofcer shall assist in the preparation of the Annual DepartmentBudgetg He shall make a full report of the fnancial condition of the Department at the AnnualConvention and at each meeting of the SECg He shall assist Posts in establishing proper fnancial recordsand render such other and further fnancial services as the Department Commander shall requireg 6g JUNDGE ADVOCATE: The Department Judge Advocate shall be the Parliamentarian to the DepartmentgHe shall perform all duties assigned him by the SEC He shall perform such other duties as are required ofhim by this Constitution & Bylaws or by the Mandates of the Department Conventiong 7g PROVOST MARSHAL: The Provost Marshal shall preserve order at the Department Convention and allother Department meetingsg He shall be responsible for the presentation of the Department colorsg Heshall assist the Department Commander as the Commander may directg 8g NATIONAL EXECUNTIVE COMMITTEE MAN (DNEC-MANt & ALTERNATE NEC-MAN: The NationalExecutive Commitee Representative shall be the representative of the Department at the NationalExecutive Commitee Meetings and shall be responsible for making a full report of the NgEgCg's actionsand other pertinent information from the National Organization to the Departmentg In the absence ofthe NEC-Man, the Alternate NEC-Man shall perform the duties of the NEC-MANg

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9g DISTRICT COMMANDER: The District Commander or alternate shall represent the District on theSgEgCg The District Commander shall be the representative of the Department Commander in the Districtand shall perform such other duties as the Department Commander may requireg The DistrictCommander shall provide a writen report to each SEC meeting except the Post-Convention andEmergency meetingsg 10g EXECUNTIVE DIRECTOR: The Executive Director shall be responsible for administrative andmanagement duties, as outlined in the Personnel Regulations, for the Headquartersg

Ag In addition to the above, shall insure Administrative compliance with the DepartmentConstitution & By-Laws and convention mandates; be the custodian of all Department records andproperties; to provide the necessary accounting services for the proper recording and reporting ofDepartment funds; to edit and oversee the publication of the Michigan AMVET News in cooperationwith the Communication and Technologies Commitee; to edit and publish other publications, directivesand reports of the Executive Departmentg

Bg The Executive Director shall be responsible to the Department Commanderg Cg The Department Commander, with the advice of the Personnel Commitee, shall appoint anExecutive Director with the consent and approval of the SEC, should a vacancy occur in the Ofceg

Dg The Executive Director can be removed for just cause, in accordance with the provisions ofthe Personnel Regulationsg 11g SERVICE DIRECTOR: (DExists only if Service Department is establishedt The Service Director shall beresponsible for administrative and management duties, as outlined in the Personnel Regulations, for theService Department personnelg

Ag In addition to the above, shall insure Service Department compliance with the DepartmentConstitution & By-Laws and convention mandates; be the custodian of all Service Department recordsand properties; to provide the necessary accounting services for the proper recording and reporting ofService Department funds; to edit and publish publications, directives and reports of the ServiceDepartmentg

Bg The Service Director shall be responsible to the Department Commander while directlyreporting to the Service Foundation Presidentg Cg The Department Commander, with the advice of the Personnel Commitee and ServiceFoundation, shall appoint a Service Director with the consent and approval of the SEC, should a vacancyoccur in the Ofceg

Dg The Service Director can be removed for just cause, in accordance with the provisions of thePersonnel Regulationsg

12ig CHAPLAIN: The Chaplain shall perform such divine and non-sectarian services as may be necessary,adhering to the appropriate ceremonial rituals and shall discharge such other duties as are usuallyincident to the ofceg Effective June 2018 14

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13g INSPECTOR GENERAL: The Inspector General shall be the investigating ofcer of the organizationg Bydirection of the Department Commander or the SEC, he shall make any necessary investigationspertaining to grievances, disciplinary cases, fraud, dishonesty within the organization and charges ofconduct unbecoming an AMVETg He shall assume responsibility to report incidents to the DepartmentInsurance Representativeg He shall also be empowered to have access to all records, fnancial andotherwise, of Districts, Posts, Post Ofcers, and of members, when necessary for the discharge of hisdutiesg 1 g LEGISLATIVE DIRECTOR: The Legislative Director shall assist the Department Commander and theExecutive Director in carrying out the Legislative Programs of the Departmentg He shall be the Chairmanof the Legislative Standing Commitee and be responsible for communicating with commitee membersand all Michigan AMVETS as necessaryg 15g AIDE-DE-CAMP: Shall be the personal aide to the Department Commander and shall perform suchduties as the Department Commander may requireg

NOTE: These References are standards. Fir full jib descriptins see the AMVETS OFFICER MANUALavailable at the AMVETS Natinal Website: Aivets.irgg

ARTICLE VII – POSTS

1g Posts in the Department may be formed by any ten eligible individuals making application toDepartment Headquarters, subject to the approval of the SgEgCg If the application is approved, it shall beforwarded to National Headquarters for issuance of a Post Charterg 2ig Posts shall be governed locally by the National and Department CBL’s as well as their own ofcerschosen in accordance with their own Constitution & By-Lawsg They shall be subject to and subordinateto the jurisdiction of the National, Department Headquarters and District, any provisions of a postConstitution found to be in con ict with or contrary to the provisions of this Constitution shall be nulland voidg 3g All ofcers responsible for monies in Posts shall be bonded in accordance with the AMVETS NationalConstitution & bylawsg g The election of all Post ofcers shall be held annually between May 1st and June 30th and saidofcers shall be installed and assume ofce no later than July 15th of each yearg Post Ofcers shall beinstalled in ofce by a member of the Department Executive Commitee, a Past DepartmentCommander, a National Ofcer, Past National Ofcer or, by any other AMVET in good standing of theDepartment who has atained at least the rank of Post Commanderg 5g The SgEgCg may suspend, cancel, or revoke a Post Charter in accordance with the AMVETS NationalConstitution & bylawsg 6g In the event of the discontinuation of any Post for any reason or cause whatsoever, except themerger of two or more Posts, all records, funds and property shall be taken possession of andadministered by the Department Headquarters in the interest of the remaining Post membersg

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7g Any Post proposing to locate or relocate a Post Home, or a regular Post meeting place shall notify theExecutive Director of its' intent in writingg If there is no Post within a one-half mile radius of saidproposed location, the Executive Director shall so notify the Post within seven days of his receipt of thePost leterg The Executive Director shall notify, by registered leter, any Post which is alreadypermanently established within the one-half mile radius of said proposed new locationg If, aaer faeendays from the date of sending said notice, no objection is received on said new location, the Post shallbe free to establish in the proposed new locationg If, however, writen objection is received from theestablished Post the SgEgCg shall hold a hearing on the objection and approve or disapprove the Post'sproposed locationg 8g Any Post failing to supply certifcation of elections of Ofcers to Department on the forms providedfor this purpose within thirty (D30t days of that election, shall have their Charter considered in a state ofsuspension, and shall be subject to disciplinary action as provided for by the SgEgCg

ARTICLE VIII - DISTRICTS

1g The Department shall be divided into as many Districts as may be required to facilitate the conduct ofbusinessg

2ig Each District shall establish a Constitution & By Laws to govern its own organizationg SuchConstitution & bylaws shall not be valid until approved by the Department Judge Advocateg 3g Districts are primarily established for the purpose of coordinating the activities of Posts in an areag g Each District is authorized to enact whatever administrative and fscal policies and procedures as maybe necessary to operate efciently as a District, including the authority to establish dues from themember postsg 5g Posts within a District shall pay dues to the District if so provided for in the District Constitution &Bylawsg Such dues shall be used for administrative purposes and membership programsg Any otherfunds that the District may need for any other purpose shall be solicited from the Posts on a voluntarybasis or derived from fund-raising projects of the Districtg In the event of the discontinuation of anyDistrict for any reason all records, funds and property shall be taken possession of and administered bythe Department Headquartersg

6g Posts that are in an adjoining County to another District may transfer to that District with thefollowing approval steps:

A. A Post meeting must be held and at least 75% of the voting members present must approvethe transferg

Bg Both Districts must approve the transferg

Cg The SgEgCg must approve the transferg

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7g District ofcers other than the District Commander may be installed in ofce immediately aaerelection to said ofceg However, all District ofcers shall assume the duties of their ofces aaer theadjournment of the Annual Department Conventiong

ARTICLE IX – FINANCES

1g Revenue shall be derived from annual dues and other sources approved by the SgEgCg Annual duesshall be prescribed by the Department Bylawsg 2ig The fscal year for the Department shall commence on June 1st of each yearg 3g All Department fnances shall be under the control of the SgEgCg, which shall delegate sufcientspecifc authority to the Finance Commitee and the Department Finance Ofcer under the provisions ofARTICLE XI Section 6, and ARTICLE VI Section 5 of the Department By-Laws, to carry out the usual dutiesof such Commitee or positiong g All monies received by this organization shall be strictly and accurately accounted forg All Post,District and Department accounts shall be kept in accordance with a uniform accounting system asestablished by the Departmentg 5g The minimum annual dues shall be twenty-seven dollars (D$2i7g00t, payable to the Post, of which thesum of twenty-seven dollars (D$2i7g00t shall be forwarded to the Department Headquartersg TheDepartment Headquarters shall issue membership cards and shall retain twelve dollars (D$12ig00t andforward faeen dollars (D$15g00t to National Headquartersg A Subscription fee of fay cents (D$g50t for theMichigan AMVET publication and technology is included in the Department shareg Dues above theminimum set forth herein shall be fxed and retained by the Postg 6g One dollar of the dues received from each new or renewed Annual Member shall be used for theAnnual Membership Program, which shall be administered by the Department Membership Commiteeas defned in ARTICLE XI Section 11 of the Department Bylawsg 7g The Life Membership fees shall be not less than two hundred thirty-seven dollars and fay cents(D$2i37g50t payable to the Post of which two hundred thirty seven dollars and fay cents (D$2i37g50t shallbe forwarded to Department Headquartersg The Department Headquarters will forward one hundredtwenty-fve dollars (D$12i5g00t to the National Headquartersg The amount received by the National andDepartment for current annual dues may be deducted from Life Membership feesg Any dues above theminimum set forth herein shall be fxed and retained by the postg 8g The Life Membership Fund Balance as of June 1, 1991, and the total Department of Michigan portionof all Life Membership receipts aaer that date will be restricted funds and will not be available forannual operating budget purposesg However, the earnings produced by the investment of the LifeMember Fund will be available to the Finance Commitee for annual budgetary purposes, if deemednecessaryg

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9g Invasion of the principle of the Life Membership Fund may be accomplished only by an afrmativevote of more than two-thirds of each of all three following bodies: The Finance Commitee, the SgEgCg,and the Department Conventiong 10g The Finance Ofcer shall make an annual report to the Department Conventiong 11g The Finance Ofcer and Executive Director shall meet annually between June 1st and the opening ofthe Department Convention to formulate a budget for that fscal yearg The Finance Commitee shallreview the proposed annual budget and present it to the newly elected SgEgCg for approval at the PostConvention SgEgCg meetingg 12ig The Finance Commitee in conjunction with the Finance Ofcer and Executive Director shall, upondirection of the SgEgCg, or upon request of three voting members of the Finance Commitee, meet duringthe Fiscal year to consider any changes to the Annual Budgetg Any new proposed program or changes tothe Annual Budget must be approved by the SgEgCg 13g When budgeting, no income items will be budgeted at more than one hundred percent of the priorFiscal Year's incomeg Life Membership income shall be excluded from all budgetary estimates for otherthan information purposesg 1 g Any resolution emanating from a Department Convention involving the expenditure of funds or anyfnancial commitment shall be referred to the Finance Commitee for approvalg In the event the FinanceCommitee disapproves the proposal for fnancial reasons, such disapproval must be submited to theSgEgCg for ratifcation or rejectiong If a disapproval by the Finance Commitee is made because of a wantof available funds within the meaning of this ARTICLE, then in that event, a mere report of action needbe made to the SgEgCg for approval or disapprovalg 15g In no case shall the Finance Commitee or any other bodies of the Department be permited to adoptor approve a budget in which the expenses, provisions for capital expenses, or provisions for debtreduction exceed the income established aboveg UNnder no circumstances shall any authorized expenseitem be over expendedg Violation of any of the foregoing provisions by any ofcer or employee of theDepartment shall constitute cause for disciplinary action, including potential removal from ofce ordismissal from employmentg 16g All Executive Department Financial Reports will be segregated as to: Commander's Expense,Legislative Expenses, and all other Income and Expenses shall be segregated as determined by theFinance Ofcer and Executive Directorg All fnancial reports will include percentile comparisons to thebudget for each income and expense itemg 17g All contracts with a value in excess of one thousand dollars will be reviewed and approved by theFinance Commitee and the SgEgCg, action by either commitee may be by ballot, if necessaryg

Ag All contracts with a value of one thousand dollars or less shall be reviewed and approved bythe Finance Commitee Chair and by the Department Commanderg

Bg All contracts shall be subject to a review by the Judge Advocate, including the use of counsel,as may be deemed necessaryg Effective June 2018 18

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Cg All contracts shall be certifed by the Department Commander and the Judge Advocate as tothe above reviews and approvalsg 18g Checks against all funds of the Department shall be signed by two of the following ofcers; theDepartment Commander, 1st Vice Commander, the Finance Ofcer, or the Executive Directorg TheService Director shall be authorized to sign Payroll Checks in the event the Finance Ofcer and theExecutive Director are not availableg 19g All Department and post ofcers handling AMVET funds shall be properly bonded with moneyhandled over $5000 with a good and solvent bonding and surety company, acceptable to the UNnitedState Treasury or have a crime dishonesty policy in their insurance which covers the average amount ofAMVET funds handled by such individual in a single yearg 2i0g All Post accounts shall be kept in accordance with a uniform accounting system established byNational Headquartersg 2i1g Any donation accepted by members of Posts, whether services, contract, monetary or otherwise,must be approved by a two-thirds vote of the Post Executive Commitee before such donations can beacceptedg

2i2ig A Facilities and Equipment Fund will be maintained for the purpose of reserving monies for suchfuture expendituresg The existing Car Fund will comprise the beginning balance of this fundg

Ag Planned expenditures from the Facilities and Equipment Fund, will be budgeted, at the timeof preparing the budgets for the Departmentg Bg Specifc expenditures for budgeted facilities and equipment items will require a minimum oftwo bids and a majority agreement of the Commander, the Finance Ofcer and the Finance CommiteeChairg Cg Specifc approval for non-budgeted facilities or equipment items will frst require two-thirdsapproval of the Finance Commitee, then two-thirds approval of the SgEgCg, or Convention approval to beincluded in the budgetg UNpon obtaining budgetary approval, expenditures must follow the procedureoutlined in paragraph B aboveg 2i3g In case of delinquencies in the payment of accounts due to the Department or NationalHeadquarters, action shall be taken at once by the proper ofcer to bring about an immediate andcomplete setlementg

ARTICLE X - SUBORDINATE ORGANIZATIONS

1g All Subordinate Organizations recognized by the Department shall be under the jurisdiction of theDepartment and are authorized to operate within the State of Michigan onlyg Ag The Constitutions & By-Laws of all Subordinate Organizations shall be submited to andreviewed by the Department Judge Advocate annually and revisions approved by the SgEgCg A currentConstitution & By-Laws of each Subordinate Organization shall be kept on fle in the DepartmentHeadquartersgEffective June 2018 19

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Bg The fnancial books, records, vouchers, cancelled checks and bank statements of eachSubordinate Organization shall be audited at least once annually by the Department Audit & ReviewCommiteeg The report of the audit will be made to the SgEgCg and to the respective SubordinateOrganizationg Cg Discipline and appeals of members of Subordinate Organizations will be as outlined in therespective Constitution & By-Laws, if they so provideg Any such maters unresolved within the specifcSubordinate Organization Department or occurring in a Subordinate Organization without suchConstitutional provisions shall be subject to the provisions of this Constitution & By-Lawsg Dg Each Subordinate Organization shall submit a report of progress and is authorized arepresentative to make the report at each AMVETS SgEgCg meeting, except the Post-Convention SgEgCgmeetingg The report shall include progress of programs, membership strength, and a fnancial reportg Eg Each Subordinate Organization shall submit to Department Headquarters an Ofcers List,including name, address, Zip Code, telephone number and e-mail address (Dif availablet, within thirty (D30tdays of the election of their ofcersg Fg Membership eligibility in Subordinate Organizations shall be in accordance with theConstitution & By-Laws of that organizationg 2ig The Department recognizes a Subordinate Organization known as the AMVETS Ladies AuxiliaryDepartment of Michigang 3g The Department recognizes a Subordinate Organization known as the AMVETS Sad Sacks Departmentof Michigang g The Department recognizes a Subordinate Organization known as the AMVETS Michigan State ServiceFoundationg 5g The Department recognizes a Subordinate Organization known as Junior AMVETS Department ofMichigang 6g The Department recognizes a Subordinate Organization known as Sons of AMVETS Department ofMichigang

7g The Department recognizes a Subordinate Organization known as the AMVET Riders Department ofMichigang

ARTICLE XI - STANDING COMMITTEES

1. Americanism Commiteeg

The Aiericanisi Ciiiitee shall cinsist if 6 ieibers if AMVETS, 5 Auxiliary and 2 Sins ifAMVETS. The Chair shall be the Departient 3 rd Vice Ciiiander, and the Ci-Chair shall be the AMVETLadies Auxiliary Aiericanisi ifcer and the Sins if AMVET Ciiiander. Effective June 2018 20

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2. Armed Forces & Foreign Recatons Commitee.

The Armed Forces & Foreign Relations Commitee shall consist of 5 membersg The Chair shall beappointed by the incoming Commander at the Post Convention SEC and the remaining members shall beappointed by the Chairg

3. Atdit and Review Commitee

Ag The Commitee shall consist of 5 members including a chairmang The commitee membersshall be selected as follows:

(D1tg Two members shall be appointed annually at the Post-Convention SgEgCg of theses,one member shall be appointed by the newly elected State Commander and one member shall beappointed by the Immediate Past State Commanderg The foregoing appointments shall be with theadvice and consent of the SgEgCg The appointees for the Audit and Review commitee shall serve two-year termsg

(D2itg The newly elected State Commander shall appoint a Chairman of the Commitee inaddition to those appointed in accordance with Sub-Section (D1t aboveg The Chairman shall serve a one-year term, and said appointment shall not require the advice and consent of the SgEgCg (D3tg The newly elected State Commander shall appoint two alternates for one-year termsgSaid appointments shall not require the advice and consent of the SgEgCg Bg This commitee shall review all Department fnancial records at each state executive meetingand the records of all Subordinate Organizations as necessary, but at least annuallyg The commiteeshall have the authority to schedule any and all such reviewsg Cg If deemed necessary by the Commitee, an independent audit may be arrangedg Dg The Audit & Review Commitee shall afect operational guidelines which shall require theapproval of the SgEgCg Eg The Chairman of the Audit & Review Commitee shall submit a writen report of theCommitee's activities to each SgEgCg meeting except the Post-Convention Meeting, unless otherwisedirectedg

4. Constttton & Bycaws Commitee

Ag The commitee shall consist of 6 members and the Department Judge Advocate who shallChair the commiteeg The incoming Department Commander shall appoint one of the six members atthe Post convention SEC and the Judge Advocate shall select the remaining membersg

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Bg This Commitee shall have the responsibility for any maters pertaining to the Constitution andBylaws and shall coordinate any amendments by reporting and recommending such to the SEC andaccording to procedure, to the membershipg

Cg This Commitee shall report directly to the Department Commanderg

5. Conventon Commiteeg

Ag The Commitee shall consist of 6 members including the 2ind Vice Commander as Chair and theCommander of the District where the event will occur who shall be appointed by the DepartmentCommanderg The remaining members shall be appointed by the Chairg The Executive Director shall bean advisory member, without voteg

Bg The AMVETS Convention Commitee shall operate under guidelines and regulations asapproved by the SgEgCg Cg The Convention Commitee shall provide and be responsible for an Annual DepartmentConvention and an Annual Fall Conference and Spring Conferencesg Bids for locations of Conventionsand Conferences shall be presented to the SgEgCg for their recommendation and to the Convention forapproval at least two years in advance of the event when feasibleg

Dg The Convention will be held aaer the frst weekend in June and before the frst weekend inJulyg

Eg The Fall Conference will be held aaer the second weekend of Sept and before the secondweekend of Octoberg

Fg The Mid Winter Cinference shall be held the third weekend in Februaryg

6. Finance Commitee, which shall cinsist if 5 vitng ieibers and twi advisiry ieibers and shall beciipised as filliws: The Departient Ciiiander, the Departient Finance Ofcer, 2 ieibers ti beappiinted at the Pist-Cinventin S.E.C. ieetng, with the cincurrence if the S.E.C., as filliws: ineeach year fir a twi-year teri by the Departient Ciiiander; ine each year fir a twi-year teri by theIiiediate Past Departient Ciiiander. The Executve Directir, Departient Judge Advicate, shallserve as advisiry ieibers. The ciiiander shall appiint the Chair frii these ieibersg

Ag In the event any of the foregoing members of the Finance Commitee, other than thePresident of the Service Foundation, are unable to serve on the Commitee for any cause whatsoever,then and in that event, the Department Commander may appoint another member of the AMVETSDepartment of Michigan to serve the unexpired term of said member, with the concurrence of the SgEgCg

Bg In the event the President of the Service Foundation is unable to serve for any causewhatsoever, then and in that event, the members of the Service Foundation shall select from among itsfull voting members a member to serve on the Finance Commiteeg

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Cg In the event a voting member of the Finance Commitee is elected or appointed to anotherposition within the Department or its Subordinate Organizations which would cause him to become amember of the Finance Commitee by virtue of that Ofce, the Department Commander, with theconcurrence of the SgEgCg, shall appoint another member of the Department to fll the unexpired originalterm of that memberg Dg At the Post-Convention SgEgCg meeting the newly elected Department Commander shallappoint a Chairman of the Finance Commitee from among the voting members of that commitee, withthe concurrence of the SgEgCg The Chairman of the Finance Commitee shall vote only in the case of a tieg

Eg The Finance Commitee is hereby authorized to formulate fduciary rules and regulations thatshall be adhered to by all entities of the Department, which shall be named in those regulationsg Thoserules and regulations shall be subject to approval by the SgEgCg and reviewed annuallyg

Fg The Finance Commitee shall be responsible for the Annual Budget and shall prepare suchbudget at least 60 days prior to the annual Conventiong All subordinate organizations, standingcommitees and the Executive Director shall prepare, provide and present recommended budgets to theFinance Commitee at or prior to the Spring SEC each yearg The fnal draa budget shall be presented tothe SED and ratifed by the membership at the annual Convention for implementation at the PostConvention SECg

7. AMVETS Higgins Lake Lodge Maintenance & Advisory Commitee.

Ag The Higgins Lake Board shall consist of 5 voting members of which one shall be theDepartment Commanderg The Commander appoints the Chair who shall be responsible for selectingappointing the remaining four members of the Commitee who will be AMVETSg There will be fouradditional members appointed, one from the AMVETS Auxiliary Department of Michigan, and one fromthe AMVETS Department of Michigan Sons of AMVETS, one from the AMVET Riders and one from theSad Sacs each of whom will not have a vote, to be appointed by their respective organizationsg Thecommander shall cast an additional vote in the event of any tieg A quorum will be 3 of the votingmembersg

Bg The purpise if this ciiiitee shall be ti advise, reciiiend, iaintain and iiprive the lidgefacility and griunds. The ciiiitee Chairpersin wirks directly with the Lidge Manager/ED and repirtsdirectly ti the Departient Ciiiander and the SEC.

Cg The commander, Chairperson and subordinate organizations shall make every atempt toappoint those persons to the commitee that have backgrounds in the following; leadership, businessprocesses, marketing, event planning, accounting, carpentry, electrical, plumbing, painting, roofng,landscaping etcg

Dg The commitee, through the appointed chairperson, will have access to the Lodge Manager(DDepartment Executive Directort and information about the processes and procedures for all Lodgefunctions including all lodge fnancial reportsg

Eg Only the chair of the commitee will have direct access to the ED/Lodge Managerg All othercommitee members must direct any questions, concerns and recommendations through the LodgeChairpersong The chair will have continuous communication with the ED/Lodge ManagergEffective June 2018 23

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Fg The commitee shall meet no less than three times per year prior to each Department meeting(DFall conference, Spring SEC and Annual Conventiontg Minutes will be recorded of all meetings andsubmited to the Lodge Manager/ED within 10 days of the meetingg The chair shall provide a completeand thorough report and submit to the Executive Director on the activities of the commitee for eachdepartment meetingg The meetings will be held at the Lodgeg

Gg The commitee chairperson shall submit a budget as agreed to by the commitee as directed inthe department by-lawsg

Hg Commitee members shall have a night’s stay at no charge when they are at the lodgeconducting commitee businessg The commander is to pre-approve all such requests from the ExecutiveDirector/Lodge Manager through the chairpersong No exceptionsg 8. The Homecess Veterans Commiteeg

The commitee shall consist of 5 members, to be appointed by the Department Commander who shalldesignate the Chair; the commitee shall consider issues and resolutions concerning homeless veteransg 9. Honors and Awards Commiteeg

Ag The Commitee shall consist of all Past Department Commandersg The Chairman shall be the second year Immediate Past Commanderg

Bg The Honors and Awards Commitee shall operate by the rules and make awards by guidelines,as may be revised from time to time by the commitee and approved by the SgEgCg and distributed to allPosts by Department Headquartersg

10. Legiscatve Commiteeg

Ag The commitee shall carry out the Mandates of the Department Convention, the SEC and theprograms completed by the commiteeg Bg The Department Commander shall appoint the Legislative Directorg The DepartmentCommander may appoint up to two additional members for one-year terms and the Legislative Directorshall appoint the other necessary membersg Cg The Legislative Director shall be the Chairman of this commitee which will consist of fvemembersg The Executive Director shall be a nonvoting member of the commiteeg

11. Membership Commiteeg

Ag The Commitee shall consist of District 1st Vice Commanders or their designatedrepresentativeg The other members shall be the Department 1st Vice Commander, who shall serve asthe Commitee Chairman and shall vote only in case of a tie; the Department 2ind Vice Commander, whoshall serve as the Vice Chair, the Department Public Information Ofcer; and four additional votingmembers, who shall be appointed by the Department Commander, and shall serve for terms of one

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yearg The Executive Director shall serve as a non-voting advisor to the commitee and shall serve as theCommitee Secretaryg

Bg It shall be the duty of the Membership Commitee to review and update annually, theMembership Incentive and Membership Programs at a meeting which shall be in conjunction with theSpring SEC Additional meetings shall be at the call of the Commitee Chairmang Cg The commitee shall have at its' disposal, funds specifcally designated by this Constitutionand/or the Annual Budget of the Departmentg

Dg Membership Incentive and Membership Promotion Programs shall be reviewed by and besubject to approval by the SgEgCg

12. Natonac Commanderss Totr Commitee.

Ag The Commitee shall consist of the Department Commander, the NgEgC Man, the NationalAide-de-Camp (Dif accompanying the Natg Cdrgt, and the Department Executive Directorg The DistrictCommander of the District in which functions are to be held shall be invited to atend all functionswithin that Districtg Commanders/ Presidents of Subordinate Organizations shall be invited at theexpense of their respective organizationsg

Bg The Commitee shall plan the Annual National Commander's Tour; it shall formulate a budgetrequest for presentation to the Finance Commitee for inclusion in the annual Department budgetg

Cg Except for the Alternate NgEgC replacing the NgEgC Man if he is unable to atend, only thosereferred to in paragraph A above shall accompany the National Commander on the Tourg 13. Personnec Advisory Board.

Ag This Board shall consist of the fve Immediate Past Department Commandersg The seniormember of this group shall be Chairmang Bg In case of a vacancy occurring on the Board, the Department Commander shall appoint anyPast Department Commander to fll the vacancyg A Past Department Commander appointed to fll avacancy on the Board shall not serve as chairman of the Board except in such term of the PastDepartment Commander whom he is replacingg Cg The Advisory Board shall assist and advise the Commander on all phases of operation of theService Departmentg Dg The Advisory Board shall also be responsible to the SgEgCg for establishing Personnel Policies andProceduresg Eg The Advisory Board shall assist in the establishment of Personnel Budgets and be of assistanceto the Commander, the Executive Director & Service Director in establishing overall DepartmentBudgetsg

14. Programs Commitee.

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This Commitee shall consist of 8 members including the Department 2ind Vice Commander asChair, the Department 3rd Vice Commander and all District 2ind Vice Commanders or their designatedrepresentativeg

15. Strategic Pcanning Commitee

Ag The Commitee shall consist of fve membersg The Incoming Department Commander shallappoint the Chair at the Post Convention SECg The First Vice Commander shall serve on this Commiteealong with four others to be appointed by the Chair also at the Post Convention SECg

Bg The Commitee shall have the responsibility of developing a three-year strategic plan for theentire Department using as a basis for its plan the AMVETS Mission Statementg

Cg The Strategic Plan shall be draaed to present to the SEC at the Spring Conference for theirreview and recommendation to present to the membership at the following Conventiong

Dg Each year, the Strategic Plan shall be presented to the membership and voted upon at theState Conventiong

16. Technocogy and Commtnicatons Commitee

Ag This Commitee, shall consist of fve members, chaired by the Public Information Ofcer withfour additional members appointed by the Chair at the Post Convention SECg

Bg The duties of the commitee shall be established by the Department Executive Commitee toinclude:

(D1t Web site maintenance and updatesg The commitee shall have sole responsibility forthis function with the assistance of the Executive Director through the contracted web masterg

(D2it Oversight and recommendations for communication objectives of the Department toinclude social mediag

(D3t Oversight and recommendations of AMVETS State publicationsg

ARTICLE XII - NATIONAL MEMORIAL FLOWER

1g The National Flower shall be the four-leaf White Clover, meaning "think of me"g 2ig The sale of the White Clover shall be under the control of Department Headquarters and under therules and regulations established by the SgEgCg

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3g All proceeds from the sale of White Clovers by Posts, Districts, or the Department shall be usedexclusively for Service and Welfare Work and for the promotion of the sale of the White Cloversg TheSgEgCg shall establish procedures to assure compliance with this provisiong

ARTICLE XIII - DEFINITIONS

1g Where the words in the masculine gender are used herein, the words shall be deemed to include theequivalent words in the feminine genderg

2ig In all cases where these Constitution and By Laws require notifcation, the process of notifcation shallinclude communication of such notifcation by means to include: UNgSg Postal Service or other suchprivate service (Deggg UNPSt and electronic communication (Deggg email, text messaging, or other socialmediat so long as all appropriate persons are duly notifed, and record of such communication shall bekept by the sender until the issue is setledg

ARTICLE XIV – POLICY

1g No member of AMVETS shall represent or purport to represent the Department, any District, Post orSubordinate Organization of AMVETS in opposition to, or other than in complete consonance with policyso determined and notifedg 2ig No statements of Department policy or proprietary information shall be released to any entitywithout prior approval of the Department Commander and/or the Executive Directorg

ARTICLE XV – DISIPLINARY PROCEDURE AND OUTSIDE ACTIONS AGAINST THE AMVETS ORGANIZATION

1g Any outside actions brought aaer July 1, 2i012i against the AMVETS Organization (Dcivil actionst prior to the exhaustion of all remedies allowed under Appendices A & B of the AMVETS National Constitution and By Laws and the Grievance Procedures of the Department’s Constitution, Section 19, shall cause immediate revocation of the membership of the litigating member(Dstg

2ig Any outside actions brought aaer July 1, 2i012i against the AMVETS Organization (Dcivil actionst aaer the exhaustion of all remedies allowed under Appendices A & B of the AMVETS National Constitution and By Laws and the Grievance Procedures of the Department’s Constitution, Section 19, shall cause immediate suspension of the membership of the litigating members(Dst until such time as this outside litigation has been fully adjudicatedg The suspended member(Dst, aaer adjudication is complete, may apply for reinstatement of their membership to the SEC who shall rule upon this reinstatement within fourteen (D1 t days of the date that the application is received by the Executive Director or Commander on behalf of the SECg

ARTICLE XVI – INDEMNIFICATION

1g Any Person made a party to any legal action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a Director or Ofcer of the organization shall be indemnifed by the organization against judgments, fnes, amounts paid in Effective June 2018 27

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setlement and reasonable expenses (Dincluding fees of an atorney retained with consent of the organizationt to the extent permited by lawg A Director or Ofcer shall not be entitled to indemnifcation for those items which he/she may be personally liable to the organization as described below in the sectiong

2ig A volunteer Director of the organization shall not be personally liable to the organization (Dor its members or Directorst for the monetary damages for breach of fduciary duty as Director, except for liability:

Ag for any breach of the Director’s duty or loyalty to the organizationg

Bg for acts or omissions not in good faith or that involves international misconduct or knowing violation of law;

Cg for violation of Section 551 (D1t of the Michigan Business Corporation Actg

Dg for any transaction from which the Director derived an improper personal beneftg

Eg for any act or omission that is grossly negligent and:

Fg for any act or omission occurring before the date this Article is fled by the Michigan Department of Commerceg

Gg The organization assumes all liability to any person other than the Corporation, its members or directors for all acts or omissions of a volunteer director aaer the approval date of this constitution and by-lawsg

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ARTICLE XVII - AMENDMENTS

These By-Laws may be amended at any Department Convention without prior notice by a majority voteof the total authorized delegates presentg Amendments shall become efective immediately uponadoption unless another efective date is included in the adopted resolution of amendmentg

Carol HebertExecutive Director/Adjutant/SecretaryAMVETS Department of Michigan

These Department By laws were approved by more than 2i/3 of the delegate present at the June 2i018Convention and are efective immediately upon approval of the State JA and the National JA, thisdocument supersedes all previous editionsg

Approved:

Department of Michigan JA National JA

_____________________________

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