[VAcourier] Proposed 2009 Amendments - Virginia Division Constitution

Sat Mar 14 19:34:40 EDT 2009

The following Proposed Amendments to the Virginia Division Constitution 
were received by the Chairman of the Resolutions Committee by the 
deadline of March 11, 2009. They are attached as a PDF and the text has 
been pasted below for those who have difficulty opening PDF files.

The Proposed Amendments will also be posted on the Virginia Division Web 
site and mailed out to each camp/adjutant by USPS mail by March 26th in 
order to be considered at the Virginia Division Convention this year. 
They will also be e-mailed to every camp commander and adjutant who has 
a valid e-mail address on the Virginia Division Web site to ensure that 
it reaches as many people as possible since USPS mailing addresses are 
often not up to date and may not reach the intended recipients in a 
timely fashion.

John Sawyer, Commander
Virginia Division SCV

_______________________________________________

PROPOSED AMENDMENT No. 1
Sponsor: Brandon Dorsey, The Stonewall Brigade #1296

PURPOSE: The Office of Division Treasurer was created in whom all funds 
of the Virginia Division are to be vested.  It now appears that under 
Article XIII (Finance) that Section 3 requires the funds of the Division 
to be held by the Adjutant which contradicts the language creating the 
office of Treasurer which should have been amended as well.

ARTICLE XIII - FINANCE
OLD Section 3. The annual per capita assessment shall be collected by 
the Division Adjutant, in whose custody it shall remain, and who shall 
assure that the monies collected are paid into the Division treasury no 
later than the time of the Convention.

STRIKE: the office of Division Adjutant and replace it with Division 
Treasurer.

ADD:  The Division Adjutant may take receipt of funds sent to him for 
late renewals, new members, and other funds which he shall turn over to 
the Division Treasurer in a timely manner.

REVISED  Section 3. The annual per capita assessment shall be collected 
by the Division Treasurer, in whose custody it shall remain, and who 
shall assure that the monies collected are paid into the Division 
treasury no later than the time of the Convention.  The Division 
Adjutant may take receipt of funds sent to him for late renewals, new 
members, and other funds which he shall turn over to the Division 
Treasurer in a timely manner.

PROPOSED AMENDMENT No. 2
Sponsor: The Nelson Grays #2123

PURPOSE: To perfect the membership renewal billing process for the 
Virginia Division Sons of Confederate Veterans.

ARTICLE IV - MEMBERSHIP
ADD THE FOLLOWING SECTION:

The Virginia Division of the Sons of Confederate Veterans may not 
institute any membership renewal billing system, policy or procedure 
that operates in any manner so as to prevent, impede, obstruct or deny  
membership in the International Sons of Confederate Veterans. 
Specifically, no officer, appointee, agent or Virginia Division staff 
may withhold funds from the International Sons of Confederate Veterans 
tendered to the Division for the purpose of membership dues. This 
applies to any member who has established his qualifications for 
membership in the Sons of Confederate Veterans and has not been 
previously removed, or is under the penalty of suspension from the Sons 
of Confederate Veterans. The penalty for willfully witholding such funds 
is removal from office either elected or appointed.

PROPOSED AMENDMENT No. 3
Sponsor: George Rogers, Captain Jack Adams #1951

PURPOSE: To establish the standard method on how we send amendments to 
each Camp.  This will prevent an occurrence that happened at the 2007 
Convention when the mailing date was challenged, and because every Camp 
does not have a mail address, or a Web site, or every officer does not 
have e-mail, and it brings our Constitution in line with General 
Headquarters Constitution.

ARTICLE XVIII - AMENDMENTS

INSERT after the last sentence of Section 1:
Amendments are to be sent United States (USPS) mail to either the 
Commander or the Adjutant at the Postal Address of that individual(s) on 
record with General Headquarters.

Revised Section 1. This Constitution may be amended at any Division 
Convention by a two-thirds vote, provided that the amendment has been 
submitted to the Chairman of the
Resolutions committee at least forty-five (45) days prior to the 
Convention and sent to
each camp in good standing at least thirty (30) days prior to the 
Convention.  Amendments are to be sent United States (USPS) mail to 
either the Commander or the Adjutant at the Postal Address of that 
individual(s) on record with General Headquarters.

PROPOSED AMENDMENT No. 4
Sponsor: B. Frank Earnest of the Norfolk County Grays #1549

PURPOSE: The current disciplinary rules within the Virginia Division 
Constitution contradict or are not in alignment with the recently 
adopted disciplinary articles of the national SCV Constitution.  The 
existing language is also contradictory and presents significant 
opportunities for expensive legal challenge.  The Division has been 
advised in the past to clarify its disciplinary procedures.  While it is 
hoped that this language will be rarely needed, its procedures should be 
clear and in conformity to the National SCV Constitution.

STRIKE - ARTICLE XVI - REMOVAL OF OFFICERS OR MEMBERS

INSERT -  NEW  ARTICLE XVI - DISCIPLINE and ADMINISTRATION

Section 1. Members and/or elected officers of the Virginia Division and 
its Camps may be censured or suspended or removed from office or 
expelled from membership within the Virginia Division and its Camps upon 
a proper showing of cause.  Charges shall be based upon disloyalty, 
neglect of duty, dishonesty, conduct unbecoming a member of the Sons of 
Confederate Veterans, or the commission of an act repugnant to the 
Constitution and Standing Orders of The Sons of Confederate Veterans or 
of the Virginia Division.  Charges may be proffered by their Camp or by 
action of the Division Executive Council or the Division Convention.  
Officers which are appointed or not elected may be removed from office 
by their appointing officer or body with or without cause.

Section 2.  Each camp shall be the judge of its own members and officers 
subject to review and appeal to the Division Executive Council and 
subject to the provisions of the Constitution and Standing Orders of the 
Sons of Confederate Veterans and the Virginia Division.  A two-thirds 
majority vote of the membership of a Camp present at a disciplinary 
hearing shall be necessary to effect removal or censure unless the camp 
has adopted a disciplinary procedure and has incorporated it within its 
bylaws.  Such action shall require a minimum of thirty (30) days notice 
to the accused and the membership of the respective Camp of the proposed 
disciplinary procedure.  A report of the disciplinary proceedings of any 
camp must be submitted to the Division Adjutant and to the National 
Headquarters of the Sons of Confederate Veterans as soon as 
practicable.  A member removed from membership in his respective camp 
should be transferred to the Virginia Division Headquarters Camp #530 
(Alexander L. Hensley Camp).

Section 3.  Disciplinary Procedure by the Division Executive Council

Section 3.1  Charges proffered against a member and/or an elected 
officer within the Virginia Division to the Division Executive Council 
shall be handled as follows:  The Division Executive Council shall 
review the specific charges and shall determine if the charges are of 
sufficient merit in its judgment to proceed with disciplinary action 
which shall require a majority vote.  If the charges are deemed to be of 
sufficient merit, the Division Inspector shall investigate the charges 
and prepare a report of his findings to be presented to the Division 
Executive Council at a disciplinary hearing which shall be held within 
ninety (90) days of the decision of the Division Executive Council to 
continue with disciplinary action unless both parties agree to a later 
date or a catastrophic event occurs.  The accused officer or member 
shall be notified of the charges against him within fifteen (15) days of 
the decision to proceed with disciplinary action and shall be notified 
of the date and location of the disciplinary hearing at least thirty 
(30) days prior to its convening.  The accused member or officer shall 
be invited to respond to the charges to the Division Inspector.  All 
notices to the accused member or officer shall be presented in person by 
an officer of the Virginia Division or shall be sent via U.S. Mail with 
delivery confirmation.

Section 3.2  If a disciplinary action is under consideration against an 
officer or member within the Virginia Division, said officer shall stand 
suspended from his office and/or membership upon a vote of the Division 
Executive Council that the charges proffered against said member are of 
sufficient merit to proceed to a disciplinary hearing.  Said member 
shall be deemed a member not in good standing until the final resolution 
of the disciplinary hearing is determined.

Section 3.3  The disciplinary hearing shall be convened in a closed 
session of the Division Executive Council.  The charges against the 
accused member and/or officer shall be read, then the report of the 
Division Inspector shall be presented.  The accused shall then be given 
the opportunity to present a defense for himself against the charges.  
Witnesses shall only be called that can provide specific material to the 
charges and shall only be allowed into the hearing during their 
testimony.  The Division Executive Council shall then consider the 
evidence presented and shall vote on the specific charges and determine 
the punishment for any charges deemed true in its own judgment.  A 
two-thirds majority vote of all voting members of the Division Executive 
Council is required to remove an elected officer from office or to expel 
a member.  A majority vote is required to issue a censure.  A secret 
ballot may be used to conduct such voting.

Section 3.4  A transcript of all removal proceedings shall be recorded 
by the Division Archivist or the Division Adjutant in the absence of the 
Archivist.  Transcripts of removal proceedings shall, in normal 
circumstances, be sealed for a period of not less than 25 years.  The 
membership shall be entitled to a report of any charges which are found 
to be true against an officer or member and the action taken as a result.

Section 3.5. Any actions resulting in the removal of membership from the 
Virginia Division shall be reported to National Headquarters of the Sons 
of Confederate Veterans and said member shall be deemed immediately 
transferred to the SCV Headquarters Camp #584.

Section 4. Any officer or member of the Virginia Division or its Camps 
may resign his office or membership upon the proffering of charges 
against him for disciplinary action.  If an officer resigns his office, 
then he accepts and acknowledges that he cannot be considered for future 
office within the body in which the charges were proffered being either 
his Camp or the Virginia Division.  If a member resigns his membership 
prior to a disciplinary hearing by the Division Executive Council or his 
Camp, he accepts and acknowledges that he cannot be considered for 
future membership within the body in which the charges were proffered 
being either his Camp or the Virginia Division.

Section 5.  If a Camp or the Virginia Division wishes to have a member 
expelled from the Confederation, being expulsion from The Sons of 
Confederate Veterans in general, they shall proffer charges to the 
Disciplinary Committee according to the terms of the Constitution of The 
Sons of Confederate Veterans, within 30 days of the dispensation of the 
Camp's or Division's action.  Such action does not constitute an appeal 
of the Camp's or Division's action.

Section 6.  Any member removed from membership within the Virginia 
Division or any elected Division officer removed from office by the 
Division Executive Council may appeal this action to the Division 
Convention unless said member has also been removed from membership or 
office by The Sons of Confederate Veterans, being the general 
organization.  A two-thirds majority shall be necessary to overturn the 
decision of the Division Executive Council.

Section 7.  Any decision by the Virginia Division Convention to censure 
or expel a member shall be final; a two-thirds majority shall be 
necessary to decide.

Section 8. The Virginia Division Commander may be disciplined by the 
Division Executive Council or the Virginia Division Convention; a 
two-thirds majority shall be necessary to decide.

Section 9. Camp Suspensions

Section 9.1  The suspension of a Camp within the Virginia Division shall 
not affect the membership in the Sons of Confederate Veterans or the 
Virginia Division of Compatriots of such Camp, nor impair their tenure 
of office or eligibility as officers therein during such suspension.

Section 9.2  The Division Executive Council may suspend any camp within 
the Virginia Division which fails to meet the obligations imposed upon 
it by this Constitution or the Constitution and Standing Orders of The 
Sons of Confederate Veterans, or commits an act repugnant to said 
constitutions and orders, or commits an act detrimental to the objects 
and purposes of the Virginia Division and Confederation. 

Section 9.3  Reinstatement for camp suspension shall take effect 
immediately upon receipt by the Division Commander or Division Executive 
Council of proper evidence that the issue of cause of suspension has 
been removed, corrected, or resolved.

Section 9.4  Any Camp within the Virginia Division whose charter has 
been suspended or revoked by The Sons of Confederate Veterans or which 
has been suspended by the Division Executive Council shall not be 
entitled to any rights and privileges of the Virginia Division.  The 
Division Commander is charged with the duty of working with the Camp or 
the officers thereof to remove the factors that necessitated the suspension.

Section 9.5  The Division Executive Council, after suspending a camp 
from the Virginia Division, may recommend to the General Executive 
Council and Commander-in-Chief that the camp be suspended from The Sons 
of Confederate Veterans or have its charter revoked if the cause of such 
action appears in its judgment to be beyond resolve by other means.

Section 10.  During the interim between Division Executive Council 
meetings, the Division Commander shall have the power to suspend any 
Camp or to suspend any officer from his office for conduct detrimental 
to the Virginia Division or Confederation upon proper proof; said action 
must be reported to the next regular meeting of the Division Executive 
Council which shall review the matter and determine if a disciplinary 
action should follow or if the suspension shall be rescinded.

PROPOSED AMENDMENT No. 5
Sponsor: Brandon Dorsey, The Stonewall Brigade #1296

PURPOSE: The Virginia Division has a high quorum standard which is 
advisable.  Delegates travel long distances to conduct the business of 
the Convention.  At times, some delegates choose to leave the Convention 
and to conduct other activities or tourism, etc.  It is detrimental to 
work of the convention when they choose to do so if a quorum is lost and 
it wastes the time of the delegates which remain.  If enough camps in 
good standing are in attendance to open the convention, then it should 
remain open until the delegates vote to adjourn.  This language also 
mirrors that of the national constitution.

ARTICLE V - DIVISION CONVENTION

ADD to Section 4: Once attained, a quorum cannot be lost.

REVISED Section 4. A quorum shall exist at Division Convention when 
one-half of the total number of camps within the Virginia Division are 
represented at the Convention.  Once attained, a quorum cannot be lost.

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