ByLawalterations

Proposed amendments, alterations, and repeals
to the By Laws of the
Mississippi Division
Sons of Confederate Veterans

to be presented for ratification by the
Convention
May 31, 2008
Biloxi, MS

Articles to be altered, click to read proposals

ARTICLE 2 - NATURE AND PURPOSE

ARTICLE 4 -- QUALIFICATIONS FOR DIVISION MEMBERSHIP

ARTICLE 5 -- FINANCES

ARTICLE 8 -- NOTICE OR CALL OF ANNUAL CONVENTION

ARTICLE 10 -- BUSINESS SESSION ADMITTANCE

ARTICLE 17 -- DIVISION OFFICERS

ARTICLE 18 -- DUTIES OF ELECTED DIVISION OFFICERS

ARTICLE 20–COMMITTEES

ARTICLE 21 -- DIVISION EXECUTIVE COUNCIL

ARTICLE 25 -- BEAUVOIR BOARD OF DIRECTORS AND TRUSTEES

ARTICLE 26 -- BY-LAWS AMENDMENTS

ARTICLE 2 - NATURE AND PURPOSE

Delete Entire Section 3 and substitute the following:

Section 3 --- Said organization is organized exclusively for charitable, religious, education, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. {Present Bylaw}

Section 4, Add the following at the end of the paragraph now in the bylaws:

No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Not withstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.

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ARTICLE 4 -- QUALIFICATIONS FOR DIVISION MEMBERSHIP

Section 4, Delete Paragraphs C {Present Bylaw} and D {Present Bylaw} and substitute the following

C. Life - - Upon application, approval of the Mississippi Division Executive Council and payment of qualifying contribution to the Mississippi Division Life Endowment Fund, any Member in good standing in his respective camp, the Mississippi Division, and the International Organization shall be afforded Life Membership in the Mississippi Division.
    I. Contribution - -The amount of the qualifying contribution shall be:
        a. twenty-five (25) times the annual dues for the Mississippi Division for members of age 12 through age 64.
        b. twelve and one half (12½) times the annual dues for the Mississippi Division for members of age 65 through age 79.
        c. six and one fourth (6¼) times the annual dues for the Mississippi Division for members of age 80 or over.
    II. Dues - - Life Members shall be exempt from the payment of annual dues to the Mississippi Division
    III. Removal, Forfeiture - - Any Member expelled by National, the Mississippi Division or their respective Camp; or delinquent in payment of International and/or their respective Camp dues and fees, will be removed from Life Membership in the Mississippi Division and will forfeit their Life Membership Fee.
    IV. Reinstatement - - Should a delinquent or expelled member, upon appeal, be reinstated by National, the Mississippi Division or their respective Camp, they may apply to have their Mississippi Division Life Membership restored. The Division Executive Council may determine and assess such member a fee to cover the Division’s cost of the member’s appeal.
    V. Reciprocity - -Life membership in another division does not afford a member the benefits of Mississippi Division Life Membership should he become a member of a Mississippi Division Camp.
    VI Recognition- - Mississippi Division Life members shall be presented a Life Membership certificate and a Life Membership Pin.
    VII Roster - - The Division Adjutant shall maintain a roster of Life Memberships which shall include:
        a Member’s Name
        b Member’s SCV ID number
        c Member’s Address and other contact information
        d Date of Life Membership.
    The Division Adjutant shall include such roster in his reports to the Executive Council and to the Convention.

D. Conditional Life - - Upon application, approval of the Mississippi Division Executive Council and a minimum payment of one half (½) of the qualifying contribution to the Mississippi Division Life Endowment Fund as outlined in C above, any Member in good standing in his respective camp, the Mississippi Division, and the International Organization shall be afforded Conditional Life Membership in the Mississippi Division.
    I Time for Completion, Forfeiture - - The Conditional Life Member shall have a period of thirty-six (36) months to complete payment of the full contribution. Should such Conditional Life Member fail to complete the full contribution the Conditional Life Membership shall be forfeited, and the amount paid shall be applied to the Member’s Division Dues.
    II. Dues - - Conditional Life Members shall NOT be exempt from the payment of annual dues to the Mississippi Division.
    III. Removal, Forfeiture and Reinstatement - - Shall be the same as outlined for Life Members as delineated in C above.
    IV. Recognition - - Mississippi Division Conditional Life members shall not receive any recognition until completion of their full Life Membership.
    V. Roster - - The Division Adjutant shall maintain a roster of Conditional Life Memberships which shall include:
        a Member’s Name
        b Member’s SCV ID number
        c Member’s Address and other contact information
        d Date of Conditional Life Membership.
        e Amount paid toward Life Membership Endowment Contribution.
    The Division Adjutant shall include such roster in his reports to the Executive Council and to the Convention.

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ARTICLE 5 -- FINANCES

Delete entire Article 5 {Present Bylaw} and substitute the following: (Note: The present Article 5 Section 4 shall be moved to Article 10 Section 2.)

Section 1 -- The fiscal year of the Mississippi Division, Sons of Confederate Veterans, shall be the same as that of the Confederation. Currently that is from August 1 to the following July 31.
Section 2 -- The revenue of the Division shall be derived from member annual dues, life membership endowments, fees, gifts, contributions, interest, and from other sources as may be approved by the Division Convention or in an emergency by a 3/5 vote of the Executive Council.
Section 3 -- Each Division Member, excluding Real Sons and Mississippi Division Life Members, shall be required to pay applicable Division dues, as approved by the Division Convention. A portion of the Division dues, as approved by the Convention, shall be for the financial support of Beauvoir, the Jefferson Davis Home and Presidential Library, located at Biloxi, Mississippi.
Section 4 -- Division dues are due by August 1. A grace period of 90 days is granted. All dues are required to be paid in full no later than November 1. Any Member whose dues have not been received by November 1 shall be considered delinquent and shall automatically stand suspended and all Division Membership privileges revoked. Any suspended Member paying dues after November 1 may be reinstated as a Member in good standing upon payment of the full Division dues for the current fiscal year, plus a late charge penalty of 25 percent of the approved Division dues. The delinquent dues shall not be accepted by the Division Adjutant unless said late charge is included. The Division Adjutant shall notify the respective Camp Commander or Camp Adjutant of all delinquent Members within their respective camp.
Section 5 -- Division dues for new members or delinquent members rejoining may be prorated during the third and fourth quarters of the fiscal year only when accompanied by the full dues for the forthcoming year. During the third quarter of the fiscal year, Feb, Mar & Apr, the Division dues will be 50%; during the fourth quarter of the fiscal year, May, Jun & Jul, will be 25%. No proration will be made during the first two quarters, August through January, of the fiscal year.
    Example 1: A new member joins or a delinquent member rejoins in February, March or April (third quarter)
        For 100% of the Division dues his membership shall expire on July 31 of that year
        For 150% of the Division dues his membership shall expire on July 31 of the following year.
    Example 2: A new member joins or a delinquent member rejoins in May, June or July (fourth quarter)
        For 100% of the Division dues his membership shall expire on July 31 of that year
        For 125% of the Division dues his membership shall expire on July 31 of the following year.
Section 6 -- The Division Executive Council shall submit an annual budget, to the Division at its annual Convention for its consideration and adoption ,for the disbursement of Division funds. The Division Adjutant shall submit a financial report of the collection and disbursement of Division funds at each Executive Committee Meeting and in the Annual Report to the Convention. This report shall categorize all receipts and disbursements during the reporting period. An itemized list of all receipts and disbursements need not be included in this report but shall be available for inspection by any member so requesting.
Section 7 -- Division funds shall be deposited in one or more banks that are authorized to conduct business in Mississippi. Collected Funds that will not be dispersed for a period of time shall be deposited in an interest bearing account (CD, Money Market, Etc), the interest thereon accruing shall be used for Division operating expenses. The Division Commander and/or the Division Adjutant shall have the responsibility of determining the investment most beneficial to the Division and shall be empowered to change investments as necessary to maximize income.
Section 8 -- Disbursements, including the signing of checks, shall be authorized by either the Division Commander, the Division Adjutant, or other Division Officer as approved by the Executive Council. No disbursement not included in the approved budget shall be made without the approval of the Executive Council by a 3/5 vote to be ratified at the next Convention.
Section 9 -- Funds generated through Life Membership Endowments shall be deposited in an insured revenue producing investment (eg. Certificates of Deposit, Money Market, Annuity). SUCH FUNDS SHALL NOT BE USED FOR ANY OPERATING EXPENSE. The Division Commander and/or the Division Adjutant shall have the responsibility of determining the investment most beneficial to the Division and shall be empowered to change investments as necessary to maximize income. Revenue generated by the Life Membership Endowment fund will be added to the principal of such fund; however revenue generated in a current fiscal year may, upon 3/5 vote of the Executive Council, be used to alleviate a budget deficit for that fiscal year.
Section 10 -- The persons entrusted with the handling of Division funds shall be required to provide a suitable fidelity bond at Division expense. The amount of the bond shall be a minimum of One Hundred Thousand Dollars ($100,000) but may be increased by the Executive Council.
Section 11 --The revenues received from the State of Mississippi for the sale of SCV specialty vehicle tags shall be apportioned as follows: (1) Eighty Percent (80%) shall be used for the restoration and preservation of the Original Battleflags of the State of Mississippi in the Old Capitol collection in Jackson, Mississippi; (2) Ten Percent (10%) shall be placed in a Heritage Fund which shall be used for the promotion and defense of Southern Heritage; and (3) Ten Percent (10%) shall be used for Division operating expenses. The Division, from time to time, may change the apportionment by a majority at a Convention, or in an emergency situation the forgoing apportionment may be changed by a three fifths (3/5) majority vote of the Executive Council and the Commander shall include shall include the necessity therefor in his report to the membership at the next reunion.
Section 12 – No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purpose set forth in the purpose clause hereof.
Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.

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ARTICLE 8 -- NOTICE OR CALL OF ANNUAL CONVENTION

Delete entire article {Present Bylaw} and replace with:

Notice of the Convention will be published in the Division Newsletter and posted on the Division Website Not less than thirty days prior to the beginning of the Convention.

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ARTICLE 10 -- BUSINESS SESSION ADMITTANCE

Renumber Sections 2 & 3 to Sections 3 & 4 respectively and insert following Section 2. {Present Bylaw}

Section 2 -- The Camp Adjutants shall submit, no later than April 10, a complete roster of all current paid Members to the Division Adjutant. This roster will be verified to determine the number of voting delegates per Camp. Any Camp failing to submit said roster shall not be entitled to vote at the Division Convention. Upon proper reason, a Camp may be allowed to vote but shall require a three-fifths (3/5) vote of approval from the Convention.

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ARTICLE 17 -- DIVISION OFFICERS

SECTION 2 - - At the end of the first sentence begin a new sentence - "They shall be elected by a majority vote of the camps within the brigade in which they serve. The Brigade Commander and Executive Councilman shall not be from the same camp." {Present Bylaw}

The amended section will be:

Section 2–All Brigade Commanders and Executive Councilmen must be Member in good standing of a Camp located within the boundaries of the Brigade in which they serve. They shall be elected for a two year term by a majority vote of the camps within the brigade in which they serve. The Brigade Commander and Executive Councilman shall not be from the same camp.

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ARTICLE 18 -- DUTIES OF ELECTED DIVISION OFFICERS

SECTION 1 {Present Bylaw} Add the following number (11):

(11) Shall not at the time he is Commander serve as an elected or appointed member on either of the Beauvoir boards. If he is a member of either board, he must resign before announcing and running as Commander. If elected, he shall serve as an ex officio member of the Board of Trustees during his term as Commander. Upon completion of his term as Commander he may be nominated to serve on either Beauvoir boards again.

Rational for Article 18, Section 1 (11)

    The prohibition against being Commander and serving on one of the Beauvoir Boards is because whereas the Decision of the Chancellor of Hinds County makes clear that the Division owns Beauvoir and must ratify the actions of the Board, in the past many members of the Board thought they were without limits on their actions concerning Beauvoir as witnessed by their actions and attitudes regarding the Garden project. "We are doing it and there is nothing you can do about it."

    The latest indication that the Board owned the Division was the attempted coup in which the Directors unilaterally changed the Constitution and bylaws of the Division and reserved the right unto them selves on passing on membership. What if one of the coup Board members was also Commander instead of Ed Funchess? Who would have opposed them and filed suit? But he was. Ed’s predecessor was a Board member and Commander at the infamous Division Convention which was held in executive session to prevent the double dealings from the light of day. Had said Commander been incoming instead of outgoing, the Division and perhaps Beauvoir would have been lost without the fight Commander Ed Funchess and his Chief-of-Staff, Rick Forte put up, saving us both the Division and Beauvoir.

To prevent such a conflict of interest in the future, we need to clearly delineate between the Division and Beauvoir.

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ARTICLE 20–COMMITTEES

Section 3–Nominating Committee
The Nominating Committee shall be abolished and in its place shall be a Candidates’ Credentials Committee. Said Committee’s function shall be to see that all announced candidates are qualified according to these bylaws and to insure that the Board of Directors of Beauvoir follow the language of our Charter and present plural candidates for the consideration of the Division at Convention for the office of member of the Board of Trustees for Beauvoir.    {Present Bylaw}

Delete section 3 and substitute:

Section 3The Candidates’ Credentials Committee shall be appointed not less than six (6) months prior to the Convention. The names of the Members and the Chairman’s address shall be published in the next edition of the Division newsletter and posted on the Division Website after their appointments. All Division Members shall have the right and privilege to submit in writing to the Chairman any recommendation for consideration of any Division elected position. All recommendations must be signed by the submitting Member. The Candidates’ Credentials Committee not less than thirty (30) days prior to the Division Convention shall publish in the Division Newsletter and post on the Division Website the names of the Candidates for Division offices who are qualified. Not withstanding, however there shall be no limitation on when a candidate shall announce his candidacy for office, nor shall candidates be prohibited from being nominated from the floor at Convention. It will be up to said committee to check on and certify candidates whenever they are nominated or announce.

Section 4

    ADD:

        (8) Bricks for Beauvoir Committee
        (9) Save the Battleflags Committee
        (10) Division Memorial Service Committee

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ARTICLE 21 -- DIVISION EXECUTIVE COUNCIL

Section 1 {Present Bylaw}
Delete "and" before "secretary", and insert between "secretary" and the "period "Chairman of the Joint Boards of Beauvoir. All are voting members except the secretary."

Section 1–The Division Executive Council shall consist of the Division Commander, 1st Lt. Commander, 2nd Lt. Commander, Adjutant, Brigade Commanders, Executive Councilmen, Chief-of-staff, Judge Advocate, Secretary and Chairman of the Joint Boards of Beauvoir All voting members except the secretary.

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ARTICLE 25 -- BEAUVOIR BOARD OF DIRECTORS AND TRUSTEES

Section 1 C   {Present Bylaw}
    Delete everything after the first sentence.
      Any Member of the Board of Directors or Board of Trustees, who, having attained the age of seventy-five years, shall become an Emeritus Member of the respective Board of which he was a Member on the 3rd day of June next following their 75th birthday and thereby relinquish their seat on their respective Board. (All other members of the Board of Directors or Board of Trustees, who, having served at least two (2) consecutive terms on either Board, shall be eligible, and may elect to become an Emeritus Member.)

The section shall read:
    C. Any Member of the Board of Directors or Board of Trustees, who, having attained the age of seventy-five years, may elect to become an Emeritus Member of the respective Board of which he was a Member on the 3rd day of June next following their 75th birthday and thereby relinquish their seat on their respective Board.

Section 1 D    {Present Bylaw}
    Beginning with line 4 after "Emeritus Member" insert comma then the phrase "currently serving comma". At the end of Section D, begin a new sentence "Each board member required by age to go Emeritus after the ratification of this amendment shall not be a voting member of said board or boards."

The Section shall read:

    D. Each Emeritus Member shall have the privilege of attending and participating in all meetings of their former Board, be assigned committee work or other specially assigned work by their former, Board, and hold office on the former Board. Each Emeritus Member, currently serving, shall be entitled to the rights and privileges of office of elected Board Members not inconsistent with the Charter of Incorporation of the Mississippi Division, United Sons of Confederate Veterans, or the laws of the State of Mississippi. Each board member required by age to go Emeritus after ratification of this amendment shall not be a voting member of said board or boards.

Section 1F    {Present Bylaw}
Beginning after "ex officio" add the word "voting" and after the words "Board of Trustees, delete the words "without vote".

The Section shall read:

F. The Mississippi Commander shall be an ex officio voting Member of the Board of Trustees, during his term of office.

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ARTICLE 26 -- BY-LAWS AMENDMENTS

Section 2. Presently reads :All Camps shall be notified at least (60) days prior to the Division Convention of any proposed amendment and shall receive a copy of the proposed amendment.

Delete Section 2 {Present Bylaw} above and replace with Section 2 below:

Section 2 -- All proposed amendments, alterations, or repeals shall be published in the Division Newsletter and posted on the Division Website at least thirty (30) but not more than ninety (90) days prior to the Division Convention.

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END PROPOSED AMENDMENTS, ALTERATIONS, AND REPEALS FOR PRESENTATION AT 2008 CONVENTION