ByLaws

APPENDIX A: --Case Number G-2006-658 0/3 in Chancery Court, First Judicial District of Hinds County, Mississippi

APPENDIX B: -- RULES OF PROCEDURE TO ASSURE DUE PROCESS IN DISCIPLINARY HEARINGS WITHIN THE MISSISSIPPI DIVISION, SONS OF CONFEDERATE VETERANS

Section 1 -- The style and title of this organization shall be the Mississippi Division, Sons of Confederate Veterans, a.k.a. Mississippi Division, United Sons of Confederate Veterans, an unincorporated association of Members, hereafter referred to as the "Division." The Headquarters are located in the War Memorial Building, Jackson, Mississippi.

Section 2 -- The location of the Headquarters Office may be changed at the discretion of the Executive Council, following a thirty (30) day written notice given to all Camp Commanders and Adjutants. The Executive Council may also establish other offices as it may deem necessary, provided that the above procedure is followed.

Section 3 -- Correspondence should be addressed to the Division Commander or other appropriate Division Officers, whose addresses shall be published in the issue of the Division Newsletter immediately following the Convention at which they were elected or appointed.

Section 1 -- The Mississippi Division, Sons of Confederate Veterans, in furtherance of the Charge of Lieutenant General Stephen D. Lee, shall be strictly patriotic, historical, educational, benevolent, non-political, non-racial and non-sectarian. The Mississippi Division, Sons of Confederate Veterans, neither embraces nor espouses acts or ideologies of racial and religious bigotry and, further, condemns the misuse of its sacred symbols and flags in the conduct of same. Each Member is expected to perform his full duty as a citizen according to his own conscience and understanding.

Section 2 -- Nothing in these By-laws shall be construed to abridge or prohibit the adoption or advocacy of positions that are concerned with the general welfare of Southern Heritage, the United States of America, its several States, or the national security thereof nor to abridge or prohibit the expression of the mind of the Confederation in such matters by the adoption of resolutions or petitioning the government.

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.

Section 4 -- The Mississippi Division, Sons of Confederate Veterans, shall not participate in nor intervene in any political campaign in behalf of any candidate for public office. In compliance with the foregoing, the Mississippi Division, Sons of Confederate Veterans, shall be authorized and empowered to host candidates for public office, or their official representatives, at meetings or special events in order to inquire into and ascertain their beliefs and principles as it may relate to the primary mission of the Mississippi Division, Sons of Confederate Veterans, provided that the Mississippi Division, Sons of Confederate Veterans, shows no favoritism toward one political party over any other. 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.

All individuals eligible for Membership in the Sons of Confederate Veterans and a Mississippi Camp shall be eligible for Membership in the Mississippi Division. A Member who is not in good standing with the Confederation and his Camp shall not be eligible to hold Membership in the Division.

Section 1 -- After an application for Membership in the Sons of Confederate Veterans has been voted on and approved by the Camp, the Camp Adjutant shall, within ten (10) days, submit the approved application to International Headquarters and a copy of the application, with the appropriate Division dues, to the Division Adjutant for addition of the new Member's name and address to the Division's mailing list.

Section 2 -- A Member shall not be considered in good standing until all applicable Confederation, Division, and Camp dues and fees are received and approved.

Section 3 -- A Member's transfer application, properly filled out and properly processed, shall be voted on by the receiving Camp within thirty (30) days of receipt. Upon approval of the transfer, the Camp Adjutant shall, within ten (10) days, submit a copy of said transfer to the Division Adjutant.

Section 4 -- Classes of Division Membership

A. Annual -- All qualified Members who remit dues on an annual basis and are not in arrears for the present fiscal year but shall be liable for the upcoming period.

B. Real Son -- All descendants who are biological sons of a Confederate veteran shall be exempt from payment of Division dues.

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.

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.

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.

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 entire 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 (e.g.,. 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 entire 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 entire Executive Council and the Commander shall include shall include the necessity therefore 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.

B. Failure to pay applicable Division dues on at least seven (7) Members at any time.

D. Adopting any policy or taking any position inconsistent with the purposes and Constitution of the Sons of Confederate Veterans.

Section 2 -- Any Elected Officer of the Mississippi Division or Camp may be censured, suspended or expelled for any of the following reasons:

A. Failure to perform a duty imposed upon him by these By-Laws, the Constitution of the Sons of Confederate Veterans, or by any lawful order of the Commander of the Mississippi Division.

B. Any act or conduct determined to be inconsistent with the purposes and Constitution of the Sons of Confederate Veterans or of the Mississippi Division.

C. For the conviction of any crime, other that that of a misdemeanor, against any State or against the United States.

Section 3 -- Any Member may be censured, suspended or expelled for any of the following reasons:

A. Any act or conduct determined to be inconsistent with the purposes or policy and Constitution of the Sons of Confederate Veterans.

C. For the conviction of any crime, other than that of a misdemeanor, against any State or against the United States.

D. A Camp shall at all times have the right to determine its own Members and may censure, suspend, or expell a Member from its Camp for any reason it may determine sufficient, upon a vote of a majority of its Members; however a Member censured, suspended, or expelled by the Division shall no longer remain a Member of any Camp within the Division.

E. If a Member is censured, suspended, or expelled by a Camp, the Adjutant will notify in writing the appropriate Brigade Commander, Division Adjutant, and Division Commander within ten (10) days after the penalty has been imposed.

F. The censured, suspended, or expelled Member will be notified by the Camp Commander within ten (10) days in writing of the charges and confirmation and the penalty imposed.

G. While suspended, a Member may not enjoy the rights of Membership in the Division.

H. The censured, suspended, or expelled Member may, within 30 days, notify the Division Commander of his intent to appeal the decision of the Camp. The Division Commander will notify the Division Adjutant and the Camp Commander of the intent to appeal. The Division Commander will schedule a hearing, consisting of the Camp Commander and the censured, suspended, or expelled Member and witnesses to be held in Executive Session before the Division's Executive Council. The Exeuctive Council will conclude the matter and notify the parties of its decision in writing within 10 (10) days. The Adjutant shall notify the Chief Operating Officer at General Headquarters in writing if the Member is found to be guilty and if the penalty is suspension or expulsion.

I. The decision of the Division Executive Council is final in issues of censurship, suspension, and/or expulsion. However, the accused may appeal the decision of the Division Executive Council. This appeal should be made to the General Executive Council of the National Confederation.

J. Should a censured, suspended, or expelled Member fail to adhere to the penalties imposed, the Division through its Commander, may pursue legal remedies through the Court.

K. Case Number G-2006-658 0/3 in Chancery Court, first Judicial District of Hinds County, Mississippi, is of special interest of the Mississippi Division, Sons of Confederate Veterans. The order and opinion of Chancellor Denise Owens rendered on June 27, 2006, is a clear legal opinion of who has the legal authority to own and operate Beauvoir -- the last home of Jefferson F. Davis, President of the Confederate States of America. The Court's opinion is clear that the Board of Directors and the Board of Trustees serve at the will and pleasure of the Members of the Mississippi Division, Sons of Confederate Veterans, and all their acts are subject to review by the Members of the Mississippi Division, and the Members of the Mississippi Division may approve or disapprove of any such act. The above case shall be on file and under control of the Division Adjutant. It shall be required reading by all Division Officers and all Members shall be encouraged to do likewise. [See Appendix A for referenced order and opinion.]

A. It shall be the duty and obligation of the Executive Council of the Division to adopt and submit to the Division Convention rules of procedure for the holding of fair and equitable hearings relating to charges brought against any Camp, Officer, or Member in order to assure the right of due process, a speedy hearing, a right to be represented before the body conducting any hearing, and the right of appeal.

B. Such rules of procedure shall, upon adoption, be submitted to the Annual Convention of the Mississippi Division, Sons of Confederate Veterans, for its review, modification and approval.

C. The Executive Council may amend said rules of procedure between Annual Conventions but such changes shall not alter the purpose or principles set forth as approved by the vote of the Annual Convention. [See Appendix B for said Rules of Procedure to Assure Due Process in Disciplinary Hearings.]

In the event that a Camp in the Division is dissolved, the Division Commander shall be notified immediately for the appropriate transfer of the Camp's property. Under no circumstances shall the files, records, and objects held by the Camp be destroyed or otherwise altered.

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.

Section 1 -- The Annual Division Convention shall commence at 12 noon on the Friday following the 3rd of June (Jefferson Davis' birthday) unless otherwise ordered by the Division Convention or the Executive Council.

Section 2 -- The location of the Convention and the Host Camp(s) shall be established a minimum of three (3) years in advance.

Section 3 -- The Time and Place Committee shall present its recommendation for the next available Division Convention site to the Convention for approval. A majority vote is necessary for approval. Each Camp shall have the right to submit, in writing, to the Time and Place Committee Chairman a request to serve as the Host Camp, provided the proposed location has adequate and necessary facilities available. Any approved Host Camp is required to have a Member of their Convention Committee in attendance at the two (2) prior Conventions before serving as the Host Camp. Failure to comply shall revoke the privilege of hosting the Convention. The next approved Camp will be designated as the Host Camp, provided they have met the stated requirements and are willing to accelerate their hosting of the Convention. Any approved Host Camp may withdraw from hosting the Convention, provided a written notice is submitted, at least twelve (12) months prior to the Convention date to the Division Commander. In the event of withdrawal, the next approved Camp will be given the opportunity to host. Should the next approved Camp be unable or unwilling to accelerate its hosting of the Convention, the Executive Council may select any Camp willing to host, provided the Camp has met the stated requirements.

Section 4 -- The Host Camp for the upcoming Convention shall submit to the Executive Council a tentative plan of the Convention's proposed activities, stating place, times, speakers, events, cost, etc., six (6) months prior to hosting the Convention. A final detailed plan shall be submitted to the Executive Council no later than ninety (90) days before said Convention. This information will be published in the Division Newsletter with the call for the Convention. Any variation from the announced schedule shall be clearly posted by the Host Camp near the registration table. The Host Camp shall be required to mail a detailed schedule of activities, times, cost, and complete instructions on pre-registration to each Camp at least sixty (60) days in advance of said Convention.

Section 5 -- The Division Commander, at the request of a majority of the Camps, shall convene the Division in a Special Convention, or in any emergency which he may deem sufficient. Time and place of Special Conventions shall be at the discretion of the Division Commander.

Section 1 -- All Members of the Mississippi Division in good standing who have properly registered will be admitted to the official business session of the Division Convention. The Convention shall be open to all Members of the Sons of Confederate Veterans in good standing, including those from other Divisions, as well as invited guests, unless in Executive Session.

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.

Section 3 -- Each Division Member is required to wear the official Convention name tag, ribbon, etc., as provided at the time of registration. The Division Adjutant and/or Credentials Committee will provide a ribbon for each delegate and delegation Chairman to be attached to the name tag.

Section 4 -- A guest name tag will be provided by the Registration Committee to all Members from other Divisions and invited guests and shall be required to be worn for admittance to the business session.

A quorum shall be considered present at the Division Convention when one-third (1/3) of the Camps in good standing are represented. In the event that there are less than one-third (1/3) of the Division's Camps in good standing present, the Convention Chairman may recess from time to time until a quorum of Camps is present.

A Member of the Mississippi Division who is not properly registered shall not be allowed the privilege of the floor at the Convention.

Robert's Rules of Order, newly revised. shall be the official guide for all procedures at the business sessions of the Convention when not in conflict with the Confederation or Division's Constitution and/or By-Laws. The order of business may be altered or suspended by a two-thirds (2/3) vote of voting Members present.

Section 1 -- The Annual Report shall be composed of the following written reports:

(5) All Brigade Commanders (shall include a report of activities of each Camp within the Brigade)

(6) Executive Director of Beauvoir and reports on behalf of the Boards of Directors and Trustees

Section 2 -- Reports shall be forwarded to the Division Adjutant at least thirty (30) days prior to the announced date of the Convention.

Section 3 -- The Division Adjutant shall compile the overall report and submit it in completed form to the Division Commander for presentation at the Convention.

Section 4 -- The Annual Report shall be made available for inspection by any Mississippi Division Member during the normal business hours of the Convention.

Section 5 -- The Division Adjutant shall take charge of the Annual Report upon adjournment of the business session and forward it to Beauvoir for permanent preservation and storage not later than thirty (30) days following the Convention. The Division Adjutant shall make office copies of the report, and these shall be made available, upon written request to the Division Adjutant, for inspection by any Member of the Division. The inspection will be at a site and time as selected by the Division Adjutant. The report may not be reproduced or any information from it used for any propose without written approval of the Executive Council. The Division Adjutant shall maintain office copies of the report for his and other Division Officers’ use during their terms of office.

Section 1 -- The representation of the various Camps at the Division Convention shall be by delegates. Each Camp is entitled to one (1) delegate (vote) per each ten (10) Members or fraction thereof of five (5) or more. The Division Adjutant and/or Credentials Committee is responsible for determining the number of delegates for each Camp per the number of paid Members listed on the required Camp rosters submitted to the Division Adjutant on or before May 10.

Section 2 -- Each Camp shall elect its delegates and a Chairman. If the Chairman of the delegation, elected by the Camp, is not in attendance at the Convention, the delegates in attendance shall elect a Chairman from their number. If any delegate, elected by the Camp, is not in attendance, the Chairman may appoint a substitute to serve in his place from among the other Members of the Camp in attendance.

Section 3 -- The Division Adjutant and/or Credentials Committee Members shall issue a credentials form only to the Chairman of a Camp's delegation after proper identification. The form shall state the name, number, and city of the Camp, name of the Chairman, number of votes entitled, and be signed by the Division Adjutant or a Member of the Credential's Committee. The Division Adjutant and/or a Member of the Credentials Committee will be available from Noon until 6:00 P.M. on Friday and Saturday morning one (1) hour prior to the opening business session at the Convention and shall be located near the registration table. If there are any variations from these stated times, a notice will be posted in a prominent location. No credentials forms will be issued after the business session has begun.

Section 4 -- Only delegates from Camps in good standing and properly registered shall be allowed to vote.

Section 1 -- Election of Division Officers When there is but one candidate for an office, upon motion and majority consent, a formal ballot may be dispensed with and the candidate be elected by acclamation. In an election for any Division office for which there is more than one candidate, voting shall be by secret ballot. Voting shall take place in a separate function room at the Convention's site, if available. If a separate room is not available, then a corner of the meeting room may be used, with as much privacy as possible. The Credentials Committee shall make necessary arrangements for the room or space prior to the business session. All voting shall be under the supervision of the Credentials Committee. Voting for all contested offices shall take place at one time. Balloting shall be by Camps. The Chairman of a Camp's delegation shall receive a ballot from the Credentials Committee on which is marked the total number of votes which may be cast on that ballot. There shall be no identification of the Camp or delegates on the ballot. The Chairman shall mark the ballot per the directions of his delegation and place the same in a ballot box or a container used for that purpose, then depart. Upon completion of the voting procedure, the Credentials Committee shall serve as tellers and shall count the votes. Each candidate may designate one Member to witness the counting of the votes. The results of the election shall be placed in the custody of the Chairman of the Credentials Committee who shall announce the results when called upon by the Division Commander. In the event there are more than two candidates for an office and one candidate does not receive a majority of the total votes cast, then there shall be a run-off by ballot between the two receiving the most votes, and the above procedure shall be followed.

Section 2 -- General Business For all questions submitted to the Division Convention, the Chair shall put forth the question for a viva voce vote. In case of the inability of the Chair to determine a clear deciding voice vote, he may at his own discretion request a Division of the House (i.e., voting by raising hands, standing in place, or moving the ayes and nays to different parts of the room). If the Chair is still unable to determine a deciding vote, he may then call for a roll call of Camps. Then the Camps shall be called in order (by number of Camp), the number of votes each Camp is entitled to stated, and the vote for or against the motion announced by the Chairman of each delegation. A Division of the House or a roll call of Camps may be requested from the floor by three (3) Camps on any question.

Section 3 -- A simple majority of the total votes cast is necessary for election or passage of other business transactions unless otherwise stated within these By-Laws.

Section 1 -- The elected officers of the Mississippi Division shall consist of a Commander, 1st Lt. Commander, 2nd Lt. Commander, Adjutant, one Brigade Commander from each Brigade, and one Executive Councilman from each Brigade.

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. The Brigade will meet in caucus at a time and place appointed by the Brigade Commander and Executive Councilman.

Section 3 -- Election shall be in the odd numbered years for a two-year term. The term of office of all elected Division Officers shall commence immediately upon adjournment of the Convention at which they were elected and shall end at the adjournment of the Convention at which their terms expire.

Section 4 -- The Division Commander shall appoint the Division Staff Officers as stated in Article 19, Sections 1 through 9.

Section 5 -- All officers, elected or appointed, are subordinate to the authority of the Division Convention, Executive Council, or the Division Commander at all times.

Section 1 -- Commander:

(1) Serves as Chief Administrative Officer of the Division.

(2) Serves as Chairman of the Executive Council.

(3) Serves as Chairman of the Division Convention.

(4) Serves as an Ex Officio Member of all Committees except the Investigating Committee.

(5) Decides all questions of order or usage, subject to appeal.

(6) Fills all vacancies which occur in the elected Officer Corps until the next Division Convention unless otherwise stated in these By-Laws.

(7) Conducts the affairs of the Division when not in Convention.

(8) Communicates to the Division Membership such matters and makes such suggestions as may tend to promote the welfare and further the purposes of the Division.

(9) Shall have served one term as a Division Officer prior to being nominated.

(10) Is limited to one (1) consecutive term of office.

(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.

Section 2 -- 1st Lt. Commander:

(1) Performs the duties of the Division Commander in his absence.

(2) Assumes the Commandership in the event of the death, disability, removal, or resignation of the Division Commander until the next regular election.

(3) Serves as Division Recruitment Officer.

(4) Is limited to one (1) consecutive term of office.

Section 3 -- 2nd Lt. Commander:

(1) Performs the duties of the 1st Lt. Commander in his absence.

(2) Assumes the position of the 1st Lt. Commandership in the event of the death, disability, removal, or resignation of the 1st Lt. Commander until the next regular election.

(3) Assists and aids the Brigade Commanders in the formation of new Camps.

(4) Is limited to one (1) consecutive term of office.

Section 4 -- Adjutant:

(1) Collects and serves as custodian of the funds and other records of the Division.

(2) Establishes checking and/or savings accounts in the name of the Division as directed by the Executive Council.

(3) Issues and signs all checks of the Division as stated in Article 5.

(4) Issues the general orders of the Division Commander under his signature.

(5) Conducts the correspondence of the Division, retaining copies of the same to be included in the Annual Report.

(6) Delivers to his successor all books, funds, and property of the Division at the expiration of his term(s) in office.

(7) Provides financial records and/or statements as required by the Executive Council or Division Commander.

(8) Maintains a current roster of Camps, Camp officers, and Members.

(9) Has no limit to term of office.

Section 5 -- Brigade Commander:

(1) Serves as Executive Head of a Brigade.

(2) Appoints necessary aides.

(3) Appoints special committees to carry out the objects and purposes of the Brigade and Division.

(4) Assists the Division Commander and other Division Officers in the administration of the Division.

(5) Is charged with the formation and development of Camps within his Brigade.

(6) Communicates to the Brigade Membership such matters and makes suggestions as may promote the welfare and further the purposes of the Brigade.

(7) Is limited to two (2) consecutive terms of office.

Section 6 -- Executive Councilman:

(1) Works under the direction of the Brigade Commander to carry out the objects and purposes of the Brigade and the Division.

(2) Is limited to two (2) consecutive terms of office.

(1) Administers the policies of the Division Convention, Executive Council, and the Division Commander.

(1) Advises all Officers, Executive Council, and the Division Convention on legal matters; renders opinions to the same or Members concerning questions involving compliance with the Confederation’s and Division's Constitutions and/or By-Laws. (2) Serves as Co-Parliamentarian of the Division Convention and the Executive Council.

(1) Shall maintain a complete roster of all paid Members of the Mississippi Division.

(2) Shall perform annual reconciliation of paid Membership rosters and Division Newsletter mailing lists to purge non-paid Members.

(1) Shall be an ordained Minister of a recognized religious order. In the event that such is not available, the Chaplain shall be an ordained Deacon or a person holding a similar post.

(2) Opens the Division Convention with an appropriate prayer and performs the same as requested by the Division Commander.

(4) Performs other assignments of a divine or religious nature as requested by the Division Commander.

(5) Aids and assists with the spiritual needs of Division Members and the families of deceased Members.

(1) Maintains order at the Division Convention and all other Division functions.

(2) Coordinates security of all Division functions with local security and law enforcement officers.

(4) Serves as Liaison Officer for the Division and the "Jeff Davis Legion Reenactors" at Beauvoir's Fall Muster.

(5) Is required to serve as President or Secretary of the "Jeff Davis Legion Reenactors."

(1) Shall take and record the minutes of all official meetings of the Division including but not limited to Conventions, Division Executive Council Meetings, and other Meetings when directed by the Division Commander.

Section 8 -- All other staff positions are optional and may or may not be filled at the discretion of the Division Commander. These offices may include Historian, Inspector, Quartermaster, Surgeon, Convention Parliamentarian, Chief-of-Protocol, Aide-de-Camp, Public Relations, Heritage Spokesman, Communications Officer, and other positions deemed necessary. The Division Commander shall define the duties and functions of all staff positions not stated.

Section 9 -- All Division Staff Officers serve at the pleasure of the Division Commander.

Section 1 -- The Candidates Credentials Committee shall consist of the Brigade Executive Councilmen and the members of the said committee shall elect their Chairman. This Committee shall be activated by the Division Commander not less than six (6) months prior to the Division Convention. All other Division Committees shall be appointed by the Division Commander and shall consist of a Chairman and a minimum of two (2) additional Members but shall have an odd number if greater than three (3).

Section 2 -- Convention Committees shall be appointed and activated a minimum of ninety (90) days prior to the Division Convention, unless otherwise required, and shall consist of the following: Delegate Credentials, Candidate Credentials, Resolutions, Time/Place, and Awards.

Section 3 -- The Candidates’ Credentials Committee shall be activated 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 and Brigade 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 for supra-Brigade Office or from the floor at the Brigade Caucus for Brigade Offices. All Candidates, whether for Division or Brigade Office, must be vetted by the Candidates' Credentials Committee before their names can be placed in nomination, even nominations from the floor of the Convention or the floor at the Brigade Caucuses. The decision of the Candidates' Credentials Committee are final.

Section 4 -- Standing Committees shall consist of the following:

(1) Recruiting

(2) Membership Retention

(3) Historical

(4) Monuments

(5) Cemeteries

(6) Heritage

(7) Constitution/By-Laws

(8) Bricks for Beauvoir Committee

(9) Save the Battleflags Committee

(10) Division Memorial Service Committee

Section 5 -- Special Committees shall include all other committees formed in the best interest of the Division.

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 Combined Boards of Beauvoir. All are voting members except the Secretary.

Section 2 -- The time and location of Executive Council meetings shall be at the call of the Division Commander or at the request of a majority of the Members of the Executive Council. There shall be a minimum of two (2) Executive Council meetings per year between Division Conventions. It shall meet each year at the Annual Division Convention, per the call of the Commander.

Section 3 -- Any Member of the Division in good standing shall have the right to attend any Executive Council meeting and shall have the privilege of the floor if requested in advance. A Member must submit his request in writing to the Division Chief-of-Staff, stating the topic and the time requirement. The request will be added to the agenda and the Member will be notified as to the time and location of the next Executive Council meeting and an approximate time to appear.

Section 4 -- Passage of any motion or issue before the Executive Council shall require the appropriate majority (simple, 60% or 66.67%) of the entire membership of the executive council rather a majority of those present at any particular meeting. In the case of an indecisive vote (eg: 17 members of EC, 12 members present and voting, 8 yeas, 4 nays) the issue will be held in abeyance and the chair will have the Division Chief-of-Staff poll, by telephone, electronic mail or courier mail, the absent members for their vote. Such votes shall be by a roll call vote and the Secretary shall record in the minutes of the meeting. Proxy voting shall not be allowed.

Section 1 -- Division awards will be presented at the Division Convention. All Members shall have the right to recommend other Members for awards, provided their selection(s) meet the necessary requirements.

Section 2 -- Any or all of the Division's awards may be presented at the Convention, but this shall be at the discretion of the Awards Committee.

Section 3 -- Creation or dissolution of any award shall require a two-thirds (2/3) vote of the Executive Council.

Section 4 -- Division Certificates of Appreciation may be presented by the Division Commander at his discretion.

Section 1 -- The title of the Division Newsletter shall be the Jeff Davis Legion. The Editor shall be appointed by the Division Commander and matters concerning the timeliness of publication and editorial content shall be at the discretion of the Division Commander and Editor. Contents may be edited without notice. All printing and mailing shall be at the expense of the Division. All Division Members in good standing are entitled to receive a copy of the Division Newsletter. The Camp Adjutants shall, within ten (10) days, notify in writing the Division Adjutant and Editor of the Division Newsletter of the death, transfer, or removal of any Member. Any Camp failing to do so shall be required to reimburse the Division for any and all expenses incurred in the printing and mailing of the newsletter to former Members.

Section 2 -- The Executive Council may authorize additional Publications as may be deemed beneficial to the Division.

Section 3 -- All Editors of Division Publications serve at the pleasure of the Division Commander.

Section 4 -- The Division's mailing list shall not under any circumstances be provided to anyone without written approval of the Executive Council.

Section 1 -- Nothing herein shall constitute Members of the Division as partners for any purpose. No Member, officer, agent, or employee shall be liable for acts or failure to act of any Member, officer, agent, or employee of the Division. Nor shall any Member, officer, agent, or employee be liable for his acts or failure to act under these By-Laws, excepting acts or omissions arising out willful acts.

Section 2 -- The Executive Council shall have the right to purchase liability insurance, at Division expense, for the Division or any officer acting on behalf of the Division. Any need of liability insurance and the amount shall be determined by the Executive Council.

Section 1 -- The Members of the Board of Directors and the Board of Trustees for Beauvoir shall be elected and shall function under the provisions of the amended Charter of Incorporation of the "Mississippi Division of the United Sons of Confederate Veterans," dated the second (2nd) day of July, 1954, or as it may be amended.

A. These two Boards may, by agreement, function as a Combined Board.

B. The incumbent President of the Mississippi Division, United Daughters of the Confederacy shall be an ex officio Member of the Board of Trustees, without vote. She shall serve during her incumbency. If unable to attend any meeting of the Board of Trustees, she is authorized, in writing, to appoint another Member of the United Daughters of the Confederacy as her personal representative to attend in her stead.

C. Any Member of the Board of Directors or Board of Trustees, who, having attained the age of seventy-five (75) 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.

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.

E. The Board of Directors and the Board of Trustees, meeting as a Combined Board, are authorized to create an "Advisory Board" to council and advise with the Combined Boards concerning matters relating to the operation and maintenance of "Beauvoir -- The Jefferson Davis Home and Presidential Library" and to select such persons who, in the judgment of the Combined Board, possess the qualifications, character, integrity, judgment, and reputation to aid and assist in the promotion of Beauvoir and its purpose.

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

Section 1 -- Any proposed amendments must be submitted either by a Camp or the Constitution/By-Laws Committee in writing to the Division Commander and Adjutant at least ninety (90) days prior to the Division Convention.

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.

Section 3 -- The Division's By-Laws may be amended by a two-thirds (2/3) vote of the delegates voting at any Convention and shall become effective upon the adjournment of that Convention unless otherwise agreed to by the unanimous consent of all delegates voting.

Section 4 -- Any provision of the Division's By-Laws may be suspended upon a motion and seconded by not less than two (2) delegates and a three-fourths (3/4) vote of the delegates. The suspension of the provision shall be only for the pending matter for which the suspension was made.

Section 5 -- Amendments to or substitute amendments for proposed amendments under consideration by the Division Convention will be in order.

Section 6 -- Any proposed amendment, upon proper motion and a majority vote, may be set by Special Order at the next succeeding Convention.

Case Number G-2006-658 0/3 in Chancery Court,
First Judicial District of Hinds County, Mississippi

{Table of Contents}

APPENDIX B:

RULES OF PROCEDURE TO ASSURE DUE PROCESS

IN DISCIPLINARY HEARINGS

WITHIN THE MISSISSIPPI DIVISION,

SONS OF CONFEDERATE VETERANS

Section 1 -- Any one or more Members of the Mississippi Division, Sons of Confederate Veterans (hereinafter referred to as "Division"), may bring charges against any Member, Officer, or Camp of the Division by filing charges in the form of a complaint in writing setting forth the name of the Member, Officer, or Camp against whom the complaint is made and stating in detail the facts surrounding the events relating to the complaint, giving dates, time, and witnesses when appropriate.

Section 2 -- The complaint shall be mailed by certified mail (return receipt requested) to the Commander of the Division at the address of the incumbent Commander at that time.

Section 3 -- The Commander shall, within seven (7) days of the receipt of the complaint, send official notice to the Camp, Officer, or Member by certified mail (return receipt requested) that a complaint has been filed against them. The notice shall be addressed to the one complained of at the address shown on the Division records, unless a more current address is known. The notice shall state the reason or charges set forth in the complaint.

Section 4 -- The Camp, Officer, or Member complained of shall be given not less than thirty (30) days to respond to any charges and/or correct the cause for such charges to the satisfaction of the Commander. If the cause for the complaint is corrected, the complaint shall be dismissed by the Commander. Upon the failure of the Camp, Officer, or Member to correct the cause of the complaint, the Commander shall give notice to the Camp, Officer, or Member by certified mail (return receipt requested) that they shall be suspended unless they file notice in writing within fifteen (15) days and by certified mail (return receipt requested) requesting an investigation of the charges.

Section 5 -- Should the accused Camp, Officer, or Member request an investigation as set forth in Section 4, the Division Commander shall appoint and convene an Investigative Committee which shall consist of a Chairman and not less than four (4) additional Members of other Camps within that Brigade who are not Members of the Executive Council. The Investigative Committee shall meet when and where necessary and review the complaint together with any and all other documents, affidavits, or testimony in writing, copies of which shall be sent to the accused Camp, Officer, or Member by certified mail (return receipt requested). The Investigative Committee may also request of the accused Camp, Officer, or Member their defense against the charges to be reduced to writing, together with the written statements of any witnesses and documents relating to the complaint and submitted to the Committee for review and may, if necessary, require the person filing the complaint and the accused to appear before the Committee.

Section 6 -- The Committee shall, within thirty (30) days, review all documents and other evidence and report in writing their findings and recommendations to the Division Executive Council. If the Committee finds that the charges against the Camp, Officer, or Member should not be sustained and recommends that the charges be dismissed, then the Division Adjutant shall notify both the person(s) filing the complaint and the accused Camp, Officer, or Member of the dismissal.

Section 7 -- If the Committee should find that the charges against the Camp, Officer, or Member should be sustained and its recommendation be that the Camp, Officer, or Member be suspended, expelled, reprimanded, censored, or counseled, then the Division Adjutant, acting on behalf of the Executive Council, shall notify the accused Camp, Officer, or Member by certified mail (return receipt requested) of the decision of the Committee, enclosing a copy of their finding and recommendations, and advising the accused Camp, Officer, or Member of their right of appeal as set forth in Section 8.

Section 8 -- Any Camp, Officer, or Member suspended, expelled, reprimanded, censored, or counseled by the Investigations Committee may appeal their decision to the Division Executive Council with fifteen (15) days of receiving notice of the decision. Such notice shall be sent to the Commander by certified mail (return receipt requested). The Commander shall immediately call a special meeting of the Division Executive Council for a time and date not less than twenty (20) days from the date of the notice. Every effort will be made to set a time and date convenient to the accused Camp, Officer, or Member.

Section 9 -- The affected Camp, Officer, or Member shall have the right to be represented.

Section 10 -- The Division Commander shall preside over the appeal hearing, and a threefifths (3/5) vote of the Members of the Executive Council hearing the appeal shall be necessary to sustain the recommended penalty.

Section 11 -- The Division Commander and the Judge Advocate shall not vote in the proceedings.

END OF RULES OF PROCEDURE TO ASSURE DUE PROCESS IN DISCIPLINARY HEARINGS WITHIN THE MISSISSIPPI DIVISION,