By-Laws – Marine Corps League | Indian River Detachment 058

BY-LAWS AND ADMINISTRATIVE PROCEDURES OF THE INDIAN RIVER DETACHMENT (058) MARINE CORPS LEAGUE, INC.

ARTICLE I – NAME

The name, in perpetuity, of this Detachment of the Marine Corps League shall be “Indian River Detachment, Marine Corps League, Inc. (058).” It shall hereafter be referred to as the “Detachment.”

ARTICLE II – AUTHORITY

Under the authority of the National By-Laws and Administrative Procedures of the Marine Corps League, the laws governing incorporation and operation of a not-for-profit corporation within the state of Florida, and the Articles of Incorporation filed with the Florida Secretary of State, there has been and is hereby established the Indian River Detachment of the Marine Corps League, Inc.

ARTICLE III – ALLEGIANCE

The Detachment hereby recognizes and affirms its allegiance and subordination to the National Marine Corps League, its national convention, its By-Laws and administrative procedures, Department By-Laws and administrative procedures, and all rules, mandates, and regulations promulgated pursuant thereto.

ARTICLE IV – CORPORATE SEAL

The seal of the Corporation shall bear the name of the Detachment, the word “Florida”, the words “Corporation not for profit”, and the year of incorporation. It may also bear a replica of the United States Marine Corps emblem and/or the words “Semper Fidelis.”

ARTICLE V – PURPOSES

The purposes of this Detachment are as follows:

(A) To preserve the traditions and to promote the interests of the United States Marine Corps;

(B) To band those who are now serving in the United States Marine Corps and those who have been honorably discharged from that service together in fellowship that they may effectively promote the ideals of American freedom and democracy;

(C) To fit its members for duties of citizenship and to encourage them to serve as ably as citizens as they have served under arms;

(D) To hold sacred the-history and memory of the men who have given their lives to the Nation;

(E) To foster love for the principles which they have supported by blood and valor since the founding of the republic;

(F) To maintain true allegiance to American institutions;

(G) To create a bond of comradeship between those in the service and those who have returned to civilian life;

(H) To aid voluntarily and render assistance to all Marines and former Marines as well as to their widows and orphans;

(I) To perpetuate the history of the United states Marine Corps, and by fitting acts to observe the anniversaries of historical occasions of particular interest to Marines.

ARTICLE VI – POLICIES

Section 6.1 Supreme Power. The supreme power of the Marine Corps League and this Detachment shall be vested always in its members in good standing assembled in regular or special meetings or functioning through delegates at all national conventions; executive and administrative powers only will be delegated to its Board of Trustees or to individual members of the Marine Corps League.

Section 6.2 Independence. The Detachment shall never take part in any labor or management dispute or issue, and it shall be ever non-sectarian, non-political, and non-partisan; nor shall it be biased on the grounds of race, color, creed, nationality, or sex, nor shall it be used as a medium of political ambition or preferment; nor shall former or present military rank or present civilian position be used as the basis for special consideration or preferment.

Section 6.3 Political Activism. Nothing in the preceding subsection shall prohibit the Detachment, or any subdivision thereof, from participating in political issues affecting the welfare of the United States Marine Corps, the national security of our nation, or any veterans’ claims for justice arising from service in the Armed Forces of the United States of America.

Section 6.4 Responsibilities. The overall operation and management of this Detachment involves three (3) general areas of responsibility. These include:

(A) Conduct of business directly related to the objectives of the National, Department, and Detachment levels of the Marine Corps League.

(B) Conduct of business related to the Detachment including all areas defined under the “Duties of Officers and Trustees.”

(C) The conduct of business related to the operation of the Detachment; management of the assets and the property of the Detachment; and all matters relating or pertaining thereto for the good of the Detachment and the League.

Section 6.5 Scope. These By-Laws are intended to incorporate the policy and the guidelines established by the National By-Laws, together with the necessary operation and management functions of the Detachment. The three (3) general categories defined in Section 6.4 serve as a guide in establishing the criteria for the duties outlined in these By-Laws, which carry with them the voting power to direct policy. It is the particular responsibility of elected and appointed officers to accept office with the clear under-standing of their duties and responsibilities under these By-Laws and to act on behalf of the membership and the League in exercising their authority for the good of the League.

Section 6.6 Fiscal Year. The fiscal year of the Detachment shall be July 1 to June 30 each year.

Section 6.7 Annual Meeting. The annual meeting will be held at a prescribed location on the fourth Thursday of March at 1900 unless otherwise published to the membership, and shall include the order of business as noted in Section 6.8 below, concurrent with the annual election of officers/trustees. A report of this meeting will be filed with the Secretary of State as required under the laws of the State of Florida. A Report of Officer Installation must be forwarded to the Department Adjutant within fifteen (15) days of the installation in accordance with Section 530(b) of the National By-Laws.

Section 6.8 Order of Business at Meetings. Order of business at meetings shall be, as far as possible, as follows:

(A) Call to order and ceremonial procedure as required by National By-Laws.

(B) Call of the roll of officers and certification by the Sergeant-At-Arms regarding eligibility of membership present.

(D) Reading the minutes of previous meeting.

(E) Reports of officers and committees.

(F) Nomination and election of officers (if required). (G) Old/unfinished business.

(H) New business.

(I) Good of the League.

(J) Ceremonial close of the meeting.

Section 6.9 Parliamentary Rules. Parliamentary reference for all Detachment and Detachment Committee meetings shall be Robert’s Rules of Order Newly Revised.

Section 6.10 Identification. These are the By-laws of the Indian River Detachment, Marine Corps League, Inc., referred to as the “Detachment” in these By-Laws, a corporation not for profit under the laws of the state of Florida, the Articles of Incorporation of which were filed in the Office of the Secretary of State on August 25, 1983.

Section 6.11 Governing Authority. In accordance with the National By-Laws, this Detachment shall be governed by its elected and appointed officers who constitute the “Board of Trustees” of the Detachment. The appointed officers comprise the “Special Staff”. The Detachment and its elected and appointed officers are subordinate to the Department and the National Marine Corp League, the Constitutions and the By-Laws of those bodies, and the charter granted by the Marine Corps League, Inc., dated October 19, 1971.

Section 6.12 Funeral Services. It shall be the duty of all members of the Marine Corps League who are not prevented by distance or unavoidable cause to be at the funeral services of a deceased member.

ARTICLE VII – DEFINITIONS

Section 7.1 Chairman .. The individual charged with the conduct of a committee meeting. Under these By-Laws there are designated, appointed, and committee selected chairpersons.

Section 7.2 Department. A state in which there are three or more Detachments with a combined membership of sixty (60) or more members may be chartered as a Department by the National Board of Trustees upon receiving a written request from such Detachment via the jurisdictional National Division Vice Commandant.

Section 7.3 Acting Officer. Any eligible member appointed by the Commandant to temporarily carry out the duties of an elected or appointed officer when the duly elected or appointed officer is unable to perform those duties. However, if an elected officer (other than the Commandant and Senior Vice-Commandant) is unable to perform his duties for the balance of his term, his office will be filled through nominations and elections at the next regular meeting of the Detachment. Appointed officers will be subject to re-appointment at the next regular meeting of the staff .. No acting officer may hold office more than thirty (30) days from such appointment without the approval of the membership or the Board of Trustees as appropriate to the office in accordance with these By-Laws.

Section 7.4 Appointed Officer. A regular or associate member of the Detachment appointed to special office by the Commandant.

Section 7.5 Elected Officer. An eligible regular member of the Detachment duly elected by the membership to perform the duties and accept the responsibilities as defined in these By-Laws.

Section 7.6 Regular Membership. Only persons who are serving or who have served honorably in the United States Marine Corps for not less than ninety (90) days and persons who are serving or who have served in the United States Marine Corps Reserve and who have earned no less than ninety (90) Reserve Retirement Credit Points shall be eligible for regular membership in the Marine Corps League.

Section 7.7 Life Membership. Any active or inactive member of the Marine Corps League who is in good standing may become a life member upon proper payment of the fee as required in section 7.7 (B); in addition, a life membership may be awarded to one for his outstanding work for the Detachment upon the recommendation of the Life Membership committee and subject to approval by the Detachment Board of Trustees.

(A) A life member shall be subject to the payment of no further dues of a Detachment, Department, or National. Such member shall have all the privileges, rights, and benefits enjoyed as a member so long as that life member shall live.

(B) The life membership fee shall be as established by the National Convention.

(C) The full life membership fee shall be paid to national headquarters with no discounts, no rebates, and no installment plan; whether such fee is paid by the individual or awarded by a Department or Detachment.

Section 7.8 Honorary Member. The Detachment may, at the direction of the respective life membership committee, issue an honorary membership to those persons who have been of extraordinary service to the nation, to the community, to the United States Marine Corps. They shall not have the rights and privileges and benefits available to a regular member. A suitable certificate will be issued to honor the occasion.

Section 7.9 Associate Member. Those individuals not qualified for regular membership in the Marine Corps League who espouse the principles and purposes of the Marine Corps League as contained in its Congressional Charter may upon application to a Detachment be accepted for associate membership in the Marine Corps League. Applicants for associate membership must be sponsored by a minimum of two (2) regular members who will present applicants’ qualifications to the Detachment for consideration. Associate members, upon acceptance will pay dues in the same amounts as prescribed for regular members, including initiation fees. A membership pin and membership card similar to the design and style of the approved regular membership pin and membership card indicating “Associate Member” has been issued by National Headquarters. The appropriate uniform and cover, including an ornamental device and lettering, will be designed by the National Uniform Committee. An associate member will be entitled to the rights and privileges and benefits of a regular member; however, such member shall not vote on a membership application, and election of officers, or hold an elective office.

Section 7.10 Dual Membership. Dual membership is membership in more than one Detachment by the same individual. (See Article VIII -Section 8.7)

ARTICLE VIII – MEMBERSHIP ELIGIBILITY.

Section 8.1 Membership Application. Any person eligible for membership in the Marine Corps League under the provisions of the National By-Laws and Administrative Procedures of the Marine Corps League may initiate application for membership by completing the standard application form including his or her signature, and presenting the application to a sponsoring member of the League with all the required dues and fees. As an alternative, the applicant may mail a completed and signed standard application form to the Detachment Headquarters with all required dues and fees.

(A) The standard application form published by the National Headquarters shall include the requirement for completion of identifying information, date, administrative data as may be considered appropriate, a signature, and the following printed certification: “I hereby certify that I have served on active duty as a Marine, or as a reserve Marine, having earned a minimum of ninety (90) Reserve Credit Points, that the character of my service has been honorable, and if discharged, I am in receipt of an honorable discharge or DD214. By signature on this application, I hereby agree to provide proof of honorable discharge/service upon request.” General Discharge under honorable condition is acceptable.

(B) The standard application form received by a member/sponsor shall be returned to the Detachment official designated to receive such applications, along with all dues and fees, as soon as practicable but no later than the next regularly scheduled meeting of the sponsor’s Detachment.

(C) The Detachment adjutant shall read and record the application at the proper time, stating all pertinent data including the name of the sponsor and clearly state that the required dues and fees have been verified and are in the possession of the Detachment staff. (No applicant shall be present for that portion of the meeting in which the application is being considered.)

(D) The acceptance of applicant’s membership in a Detachment is the sole province of the Detachment as set forth in Article V, Section 5.40 of the National By-Laws, except as therein provided.

(E) In cases where an applicant is rejected for membership, all monies received from the affected applicant shall be returned to such applicant.

Section 8.2 Membership Dues and Fees. The payment of annual membership dues entitles all members in good standing an automatic subscription to Marine Corps League publications and enrollment privileges in any national group insurance programs that may be in effect.

(A) National annual per capita dues shall be recommended by the national budget and finance committee and shall require approval by the delegates at the national convention.

(B) An initiation fee shall be recommended by the national budget and finance committee. The fee shall be collected for each new member in addition to the annual dues. Each new member shall be provided an official membership lapel button which shall be provided by National Headquarters. (C) The membership year and annual dues shall expire on the last day of the anniversary month of such member’s original dues having been received at the Detachment.

(D) Detachment dues and Initiation fees shall equal the total amount of National and Department Dues and Fees plus Detachment dues and fees as established by a majority vote at the annual meeting.

Section 8.3 Good Standing. All members shall be considered in good standing in the Marine Corps League,

(A) Except when:

1. Required dues are not paid and transmitted on or before membership expiration date as shown on the member’s card.

2. A member is indebted or in arrears to the Detachment.

3. Under suspension as punishment upon the adjudication of guilt as provided in Chapter IX(9), Section 9.10 of the National Administrative Procedures.

(B) In all cases involving the transfer of a member of a Detachment, the losing Detachment approving of the transfer shall certify in writing if the transferring member is in good standing.

Section 8.4 Delinquent Member. A member shall be identified as delinquent whenever the member’s dues are not paid and transmitted on or before the membership expiration date as shown on the member’s card.

(A) Such member shall be retained in the delinquent status for a maximum of one (1) year, during which time the member may erase this status by making payment of all dues in arrears and all dues current.

(B) Should the affected member remain in the delinquent status in excess of one (1) year, such member shall be dropped from all membership rolls. The good status of such member shall be restored only through the processing of a standard membership application form as a new member, which shall include the current initiation fee and dues as established by the procedures of the By-Laws; however; a member who is delinquent and wishes to retain the continued membership status shall do so by submitting the standard application form which shall be accompanied by all past dues and assessments which have accumulated during the entire period of the applicant’s delinquent status.

Section 8.5 Ineligible Member. Any member may be required to prove membership eligibility qualifications at any time. Should it be determined after careful investigation that a member does not have the required qualifications for membership, in accordance with the Charter and the National By-Laws of the Marine Corps League, such member shall be dropped from the rolls immediately. Proper notice of such action and the reasons thereof shall be expedited to the Jurisdictional Department and National Headquarters.

Section 8.6 Appeal Rights. The right to appeal under the provisions of the National By-Laws and Administrative procedures shall not be denied. Section 8.7 Dual Membership. When a member of the Marine Corps League becomes a member in good standing in more than one (1) Detachment, such membership in the subsequent Detachment (s) shall be counted in the same method as an associate member. Such member shall be a regular member in the Detachment of such member’s greatest tenure unless he or she makes a signed written request for transfer, in triplicate to the receiving Detachment. Upon acceptance, the Detachment shall forward the original copy to the National Headquarters and a copy to the Jurisdictional Department adjutant/pay-master.

Section 8.8 General Membership Information.

(A) All persons who have met the eligibility requirements of these By-Laws for regular, life, associate, or honorary membership, who have been accepted for membership by a voice vote of the majority of members at the meeting at which they were presented, and are according to the records of the Detachment current in their dues, are considered members of the Marine Corps League and this Detachment.

ARTICLE IX – DETACHMENT OFFICERS’ ELIGIBILITY

All members in good standing of the Detachment shall be eligible for elective or appointed office in this Detachment.

(A) To be elected Commandant of this Detachment, a member must have previously held elective or appointed office in this Detachment within the most recent three (3) years.

(B) Qualified members may hold one (1) elective office and any such additional appointed offices as may be assigned. The trustees, by majority vote, must approve, on an individual basis, each instance where an elective is extended responsibility for an appointed office or offices.

(C) Elective and appointed officers of the Detachment may hold additional offices if elected or appointed thereto in a higher level of the Marine Corps League.

(D) The Detachment must elect a Commandant, a Senior Vice-Commandant, a Junior Vice-Commandant, and a Judge Advocate. The Commandant shall appoint a Chaplain, a Sergeant-at-Arms, an Adjutant, and a Paymaster, and any such other officers as he deems necessary.

ARTICLE X – ELECTED OFFICERS’ DUTIES

Section 10.1 Elected Officers’ Duties. All elective officers will be elected in accordance with National By-Laws but no later than the annual meeting on of the Detachment on the fourth Thursday of March. The elective officers and their duties shall be:

(A) Commandant. His duties shall be in conformity with the National By-Laws. It is his duty to enforce National, Department, and Detachment By-Laws.

1. The Commandant shall preside at all sessions of the Detachment and at all meetings of the Board of Trustees. He shall together with the Board of Trustees have direction and control of the executive and administrative affairs of the Detachment.

2. He shall observe and enforce the Detachment By-Laws, and the Congressional charter, as well as the National and Department By-Laws and Administrative Procedures.

3. He shall direct to all Detachment officers and members such orders as are not in conflict with the Department and National By-Laws and Administrative Procedures which are necessary for proper conduct of business.

4. He shall call such meetings of the Board of Trustees as are required by the National By-Laws and Administrative Procedures.

5. He shall seek the advice of the Board of Trustees and staff.

6. He shall, with the adjutant or paymaster have custody of all the funds and property of the Marine Corps League, subject to the supervision of the Board of Trustees.

7. He shall, with the advice and consent of the Board of Trustees appoint such standing committees as are deemed necessary. However, the committee of the “Marine of the Year” shall be as provided in the National Administrative Procedures, Chapter Three (3) Paragraph (j).

8. He shall approve or disapprove all requisitions of the Adjutant or paymaster which are in excess of Fifteen ($15.00) Dollars.

9. He shall represent the Marine Corps League at all social functions and ceremonies in such a manner as will enhance the dignity, honor, and prestige of this organization.

10. He shall perform such other duties as are directed from time to time. (B) Senior Vice-Commandant His duties shall be to assist the Detachment Commandant in every way, presiding at meetings in the absence of the Commandant. During the absence or illness of the Commandant, he shall perform the duties of that office; additionally, this officer shall, with the assistance and approval of the Board of Trustees, supervise the effective promotion of such dynamic social ceremonial and public programs as will increase the prestige, character, and influence of the Detachment. (C) Junior Vice-Commandant His duties shall be to create and promote such membership programs as will encourage enthusiastic response resulting in a continuing membership growth, and such other duties as are assigned to that office by the Commandant and Board of Trustees. Additionally this officer shall be prepared to carry out the duties of the Senior Vice-Commandant or Commandant if necessary.

(D) Judge Advocate His duties will coincide with those of the office of the National Judge Advocate as set forth in the National By-Laws, Section 210 (d), as they apply to the Detachment level and as provided by the By-Laws. He shall interpret the Detachment By-Laws and Administrative Procedures. He shall advise, construe, counsel, and render opinions on questions of law and procedure to the Commandant, Board of Trustees, Staff, Departments and Detachments when so requested in the manner outlined hereafter.

1. At the Detachment meetings, upon request of a regular member, through the chair, the Judge Advocate shall render an opinion on law and procedure to the chair. Whereupon the chair will rule on the opinion and question. This ruling shall be final unless appealed by regular members whereupon the Judge Advocate will put forth the question “Shall the ruling of the chair be sustained?” A standing vote will be required to reverse the ruling of the chair.

2. At Board Meetings, the same procedures shall apply, and two-thirds (2/3) of the Board of Trustees present and voting will be required to reverse the ruling of the chair.

3. On all questions of law and procedure pertaining to the Detachment or any of its subsidiaries referred to this officer through channels, the Judge Advocate shall rule on the question(s) in writing, mailing copies of the ruling(s) to the parties concerned, and such ruling(s) shall be binding unless and until reversed by the Detachment or Board of Trustees.

(E) Other Elected Trustees There may be three (3) other elected trustees whose duties all include the attendance of Detachment and Board of Trustees meetings. They shall function impartially in the best interest of the Detachment and the Marine Corps League, and assume such other duties as may be assigned them by the Commandant and the Trustees.

Section 10.2 Detachment Board of Trustees, Composition of. Trustees shall consist of the following nine (9) officers:

1) Commandant

2) Senior Vice-Commandant

3) Junior Vice-Commandant

4) Adjutant and Paymaster

5) Judge Advocate

6) Three (3) Trustees (If required by the Membership)

Section 10.3 Detachment Board of Trustee, Powers of. The Powers of the Detachment Board of Trustees shall include the following:

(A) They shall exercise executive and administrative supervision of the business of this Detachment between regular meetings.

(B) They shall comply with and execute without delay the mandates and acts of the Detachment membership as expressed by the majority in its regular and special meetings.

(C) They shall exercise other executive and administrative functions and duties as are compatible with National, Department and Detachment By-Laws, and deemed advisable from time to time in the best interest of the Detachment and the Marine Corps League.

Section 10.4 Detachment Board of Trustees, Meetings.

(A) The Detachment Board of Trustees shall meet on the call of the Detachment Commandant at a time and place of his choosing.

(B) The presence of three (3) Board of Trustee members shall constitute a quorum and it is understood that all Board of Trustee members are to be present unless excused for reasonable cause.

(C) Appointed officers, acting officers, and committee chairpersons will attend Board of Trustee meetings when directed, and may attend with the approval of the Board of Trustees. They will have no vote and will not be considered in determining a quorum. They are expected to report on those issues which deal directly with their appointment or chairpersonship when called upon. All members may attend a Board of Trustees meeting on a not-to-interfere basis subject to the approval of the Trustees present at particular meetings.

ARTICLE XI – APPOINTED OFFICERS

Section 11.1 Appointed Officers. Appointed officers are designated each year by the Commandant-Elect.

Section 11.2 Acting Officers. Acting officers are those appointed by the Commandant to perform and hold responsibility and authority of otherwise defined elected or appointed officers or chairpersons for a brief or extended period for the purpose of carrying on the Detachment business in the absence of the elected or appointed officers or chairpersons. Acting officers may act in the interim but must be confirmed at the next meeting of the Board of Trustees or Detachment as appropriate to the office. Section 11.3 Appointed Staff. Members of the appointed staff include, but are not limited to, the following:

1. Junior Past Commandant

2. Chaplain

3. Sergeant-At-Arms

4. Public Relations Officer

5. Adjutant

6. Paymaster

Section 11.4 Appointed Officers Duties. The duties of the appointed officers shall be as follows:

(A) Adjutant – (Appointive)

(1) To act as the secretary of the Commandant, Board of Trustees and Detachment, keeping strictest confidence of all matters under consideration by the Commandant, the Board of Trustees, and all officers.

(2) To attest and distribute all officer orders, memoranda, and information, keeping an accurate current rule of all correspondence received or mailed.

(3) To keep with the assistance of the Paymaster, an accurate record of all members, with current title, address, and phone number of each member. (4) To notify each member of the monies due for annual dues, supplies, or other financial obligations to the Detachment.

(5) To keep an accurate minutes of the meetings of the Detachment and the Board of Trustees; and all reports of committees.

(6) To compose and mail a monthly newsletter as directed.

(7) To surrender without delay, to a successor in office all books, papers records, and property belonging to the Detachment.

(8) To provide each new member with a copy of the current By-Laws, if requested at cost.

(B) Chaplain – (Appointed/Honorary).

(1) Perform such duties of a spiritual nature as are customarily performed by the members of the Clergy and required by the National By-Laws and administrative procedures of the Marine Corps League.

(2) Upon notification of the demise of any member, he shall first immediately contact the family of the deceased member for the purpose of offering any assistance and presenting expressions of condolence, and second, report the death of the member (citing deceased’s full name, next of kin, and known funeral arrangements) to the Detachment, the National and Department Chaplains, with a copy furnished to the National Adjutant/Paymaster. Furthermore, he shall, upon request, conduct a memorial service for the deceased member.

(1) To act as the treasurer of the Detachment, receiving and accounting for the monies due and payable to the Detachment from membership dues, donations, as well as from all sources, including the rental of facilities or equipment of the Detachment, giving receipt thereof, and depositing all funds in the bank (s) chosen. He shall be accountable for specific monies, securities, and funds of this Detachment.

(2) To remit promptly to the Department of Florida and to the National Headquarters all funds and monies due them.

(3) To distribute monies and funds as directed.

(4) To make a monthly financial report to the Detachment.

(5) To keep a correct accounting record of all receipts and disbursements in standard record books which shall be available for review/audit quarterly on or before the fifteenth (15th) day of June, September, December, and March, which shall include a current financial ledger account of each member.

(6) To surrender without delay to the elected/appointed successor in office all records, monies, funds, securities, and other property of the Detachment held in trust by this office.

(D) Public Relations Officer – (Appointive). He shall have responsibility for favorable publicity of all Detachment activities, events and functions, and the development of such congenial relations with television, radio, newspaper, city and county officials as will enhance and improve the good name and position of our Detachment in our community.

(E) Service officer (Appointive/Honorary). To obtain detailed knowledge of federal and state laws and Veterans Administration rules and regulations affecting marines, other veterans, and their dependents and survivors, and under the supervision of the National Service Director, give every possible assistance to marines and other veterans, and their dependents and survivors.

(F) Sergeant-At-Arms (Appointive). His duties shall be those defined by the National By-Laws as applied to Detachment activities. He should know how to arrange the meeting hall and should assist the Commandant and Adjutant in the preliminary arrangements for the meeting. It is his duty to verify that persons attending Detachment meetings are bona fide members. He will inspect the credentials and direct members to sign prior to the Call to Order for the meeting. He will direct candidates for membership in the procedure required by the Detachment. He will be responsible for keeping order at Detachment meetings and for carrying out such other duties as may be assigned to him by the Detachment Commandant. He will assist during voting of the body, when voting by the show of hands or by ballot is required. He is the custodian of the Detachment Colors and all Colorguard equipment. He is the flag etiquette and should be well informed on proper flag display and procedures used in operating a meeting. He should play a leading part in the Detachment Colorguard, Burial detail, and other pageantry that is a part of the Marine Corps League. He should welcome and introduce all guests, all new members attending their first meetings, and keep the Commandant advised as to who should be acknowledged.

ARTICLE XII – COMMITTEES (GENERAL)

Section 12.1 Committees, Creation Of. Committees, as deemed necessary, may be created at any time by motion from the body, or appointed by the Board of Trustees or Commandant.

Section 12.2 Committees, quorum. The quorum for committee vote shall be by majority of members present, all member of the committee having been duly notified.

Section 12.3 Committees, Chairman’s Duties. All committee chairmen regardless of category, will inform the Commandant, or in his absence, the Senior Vice-Commandant, of any call for a meeting, and will report to the Commandant a summary of the results of the meeting.

Section 12.4 Committees, Types Of. Committees specifically established under these By-Laws include the following types of Committees:

(A) Standing Committees; These committees have a designated Chairperson as defined in these By-Laws. This Chairperson shall be an elected officer. These committees are considered to be active at all times.

(B) Special Committees; These are committees appointed by the Board of Trustees, the body, or the Commandant to deal with a specific issue of interest to the Detachment. Such committees will select their own persons.

ARTICLE XIII – STANDING COMMITTEES

Section 13.1 Operations and Management Committee. This committee is established under these By-Laws for the purpose of executing the daily business of the Detachment. This committee shall be composed of the following officers/members:

Chairperson Commandant Vote Member Sr. Vice Commandant Vote Member Trustee Vote

Member Adjutant Vote

Member Paymaster Vote

All elected officers are considered “Trustees” and comprise the “Board of Directors” of the Corporation for legal purposes in matters regarding the business of the Detachment. This committee will meet at the call of any one (1) of the Board of Trustees for the purpose of receiving matters of an immediate operational nature. In acting for the trustees and the membership, the voting officers may act freely (within approved budget limitations) in discharging the operational and management functions of the Detachment. However, any two (2) voting officers may table any motion with a request that such motion and/or proposed action be referred to the Board of Trustees for approval. Section 13.2 Contract Committee.

(A) The Contract Committee shall consist of the Commandant and two (2) members of the elected staff approved by the Board of Trustees.

(B) The Contract Committee shall draft proposed contacts as required, deliver such contact drafts to the Board of Trustees who will present drawn contracts to the body for approval.

Section 13.3 Budget Committee.

(A) The Budget Committee shall consist of the Senior Vice-Commandant as Chairperson, the Paymaster, Adjutant and any other appointed members.

(B) This committee will maintain an information and reference file relating to charities, activities, etc., which are considered to be eligible for contributions by the Detachment. From such a file, the committee will monitor charitable expenditures as approved in the existing budget and prepare recommendations for the next year’s budget.

(C) Any requests for donations from the Detachment shall be submitted in writing to the Budget Committee for their recommendation. The recommendation of this committee shall then be given to the next Board of Trustee meeting for their approval or disapproval.

(D) Within thirty (30) days after annual elections, this committee will meet with the newly elected/appointed committee members to outline actions and expenditures to date and to provide guidance to the committee members regarding the preparation of next year’s budget.

(E) This committee will also meet at the call of the chairperson to review the status of the old budget, consider all matters related to projected income, operational expenses, and the development of the budget for the coming year.

(F) At the conclusion of the development of a new budget, the chairperson will present it to the Trustees for the approval by the membership at the July meeting of the Board of Trustees.

Section 13.4 By-Laws Committee.

(A) The By-Laws Committee will consist of the Judge Advocate (Chairperson), Junior Vice-Commandant, and one (1) member appointed by the Chairperson.

(B) This committee will take the necessary action to inform the membership of proposed by-law changes recommended by the committee.

(C) This committee will act to have published updated by-laws when appropriate. (Paragraph or word changes may be promulgated via the monthly newsletter of the Detachment for individual members to update their personal copies.)

ARTICLE XIV – SPECIAL COMMITTEES

Section 14.1 Special Committees Currently Extant. The following special committees may be appointed annually by the Commandant, the Board of Trustees, or the membership, and will normally be chaired by an elected or appointed officer who reports to the Board of Trustees. These special Committees are not limited to the following:

1) Membership Committee 5) Scrapbook Committee

2) Entertainment Committee 6) Newsletter Committee

3) Awards Committee 7) Birthday Ball Committee

4) Scholarship Committee 8) Parades and Ceremonies Committee

When so created, the committees will adhere to the guidelines as defined in these By-Laws.

Section 14.2 Birthday Ball Committee. This committee shall have as its chairperson the Junior Vice-Commandant with the assistance of the Senior Vice-Commandant with other such members to volunteer their assistance in preparing for the annual Marine Corps Birthday Ball. This committee will meet as necessary during the year to insure that the plans for guests, guest speaker, special program events, and paid voluntary promotional activities are developed to aid in the financing of the ball. The committee will maintain close communication with the chairperson of the entertainment committee if there is in fact a separate chairperson for such assistance as may be required.

ARTICLE XV – DELEGATE SELECTION AND REGISTRATION EXPENSE

Section 15.1 Delegate Selection. Selection of delegates to represent this Detachment at meetings, conventions, and various functions will first consider elected and appointed officers in order as follows:

Commandant Sergeant-at-Arms

Adjutant/Paymaster Chaplain

Senior Vice Commandant Past National Commandant

Junior Vice Commandant Past Department Commandant

Judge Advocate Past Detachment Commandant

Three (3) Elected Trustees

Section 15.2 Delegate Registration Fees. Delegate registration fees shall be paid on the basis of total membership.

Section 15.2 (a) Department and National Staff Meetings. The Department and National Staff meetings and conventions have important information for the Detachment. Separate meetings for the Commandant and the Adjutant/Paymaster are held prior to meetings. It is essential that the Detachment be represented at these functions by Designated Delegates. Section 15.3 Delegate qualification. When a delegate has been selected or appointed to represent this Detachment at meetings, conventions, and various functions, they must have attended at least three (3) Detachment meetings in the preceding three (3) months in order to share in the approved expenses for such event, and must attend such functions and business meetings. In addition, the prospective delegate must be present at the meeting at which delegates are chosen; in lieu of, thereof, the prospective delegate may Submit to the Board of Trustees, prior to the meeting a letter indicating his desire to serve as a delegate.

ARTICLE XVI – OFFICER NOMINATION. ELECTION & INSTALLATION

Section 16.1 Nomination and Election of Officers.

(A) Nomination of Officers shall be held during the February meeting of the Detachment each year. At this meeting the recommendations of the nominating committee shall be presented, (see Section 16.2).

(B) Election of Officers will take place at the March meeting.

Section 16.2 Nominating Committee. There shall be a Nominating Committee of three (3) Regular Members appointed by the Commandant which shall meet at his direction for the purpose of seeking out Regular Members who are best qualified to fill each of the elective offices and are willing and able to accept such nominations. The Nominating Committee shall present their slate to the Detachment no later than the February meeting.

Section 16.3 Nominations From The Floor. Nominations for any elective office may also be made from the floor without concurrence of the Nominating Committee. The nominee must be present and be willing and able to fill the office to which he has been nominated.

Section 16.4 Election. Election shall be by closed ballot by the Regular Members unless there is only one (1) nomination for a given office, in which case a voice vote will be permitted.

Section 16.5 Officers, Installation Of. Installation should be public, at a time and place at the discretion of the Commandant-Elect, but within thirty (30) days of election. Such installation may be a joint event in conjunction with the Auxiliary and the M.O.D.D. Pound.

ARTICLE XVII – OFFICERS VACANCIES

In the event of resignation, removal for cause, continued illness, death or more than two (2) consecutive excused absences from Detachment or Trustees meetings of an elected officer, that vacancy shall be filled immediately by the Commandant, subject to a Board approval at its next meeting.

ARTICLE XVIII – DETACHMENT MEETINGS

Section 18.1 Regular Meetings The regular Detachment meetings shall normally be held on the fourth Thursday of each month at 1900 local time at the Detachment Headquarters as designated by the Board of Trustees. Section 18.2 Changes in Meeting Changes in the meeting time or place may be made by the Commandant or by a majority vote of members at any regular monthly meeting provided notice is given to the membership at least ten (10) days prior to such change.

Section 18.3 Annual Meeting The Annual Meeting shall be held at the March meeting when the election of Officers shall be held.

Section 18.4 Special Meetings Special meetings may be called by the Commandant whenever he may deem it necessary or upon receipt of written request to do so from at least five (5) members in good standing.

(A) The call of any such special meeting shall state specifically the purpose for which it is called and no other business than specified in the call will be transacted.

(B) Proper written notice stating the purpose of such special meeting shall be given to the Detachment members in good standing at least five (5) days in advance.

(C) The quorum for special meeting shall consist of no less than five (5) members in good standing, including the Commandant or the presiding officer.

Section 18.5 Voting There shall be no voting by proxy. Only members in good standing shall be entitled to vote on any questions.

Section 18.6 Tie Vote The Commandant or presiding officer shall be entitled to break a tie in the voting.

Section 18.7 Right to Vote Any member in good standing of another Detachment may attend any meeting of this Detachment, but such member shall not have the right to vote.

(A) Except for Department or National Officers, no visiting member shall speak on any subject under debate without the permission of the Commandant or the approval of the majority of the Detachment members present.

Section 18.8 Rules of Order Roberts’ Rules of Order Newly Revised shall govern the conduct of all Detachment meetings, but any conflicting provisions herein shall prevail.

ARTICLE XIX – QUORUM

The quorum for conduct of official business at Detachment meetings shall be six (6) members and the Commandant or acting Commandant. The quorum for conduct of official business at a Board of Trustees meeting, standing or special committee meeting, shall be the majority of the regular members present unless otherwise stated herein. However, when necessity dictates, officers or committee members may be polled by phone to resolve urgent issues.

ARTICLE XX – FISCAL YEAR BUDGET

Section 20.1 Fiscal Year Budget The budget and fiscal year of this Detachment shall begin on the first (1st) day of July each calendar year and end on the thirtieth (30th) day of June of the following year.

Section 20.2 Budget and Revisions The budget and revisions to the budget as approved by the Board of Trustees will normally be voted on by the Body at the July meeting.

ARTICLE XXI – BUILDING OR RESTRICTED FUND

(A) Building or restricted fund was established in regular meeting by the membership in 1980. This fund was declared restricted solely to acquiring a Detachment home. Any disbursement from this fund requires action by the membership.

(B) Under the stated rules governing this fund the Adjutant shall be directed to poll the entire membership by self-addressed return envelope included with the ballot. Mailing of this ballot must take place two (2) weeks before the next called meeting. At this meeting the unopened ballots will be counted by three (3) members appointed for the occasion.

(D) Only regular members’ vote may be counted.

(E) Any member desiring to change his vote (ballot) must be present at this meeting.

ARTICLE XXII – AUDIT

The audit of all financial records of this Detachment shall be made between the fifteenth (15th) and thirtieth (30th) day of June, the results of the Audit being made available to concerned officers and concerned membership at the next regular meeting. The audit will be conducted by a special committee appointed by the Commandant.

ARTICLE XXIII – TRANSITION

Section 23.1 As soon as possible after each annual election the outgoing and incoming officers shall meet in conference to discuss and resolve all problems relating to transition authority.

Section 23.2 At the conclusion of this conference, the Commandant-Elect shall consider the choice of the appointed officers and such committee chairpersons as are needed, including the standing budget committee, which shall be directed to complete a proposed budget for the ensuing year to be presented for consideration by the Detachment at the July meeting.

Section 23.3 The officers, elected and appointed, and appointed committees, shall assume authority for the conduct of Detachment business on the first day of June of each year.

ARTICLE XXIV – DISSOLUTION OF DETACHMENT

(A) Should this Detachment be forced to disband or have its Charter withdrawn for failure to conform to National or Department By-Laws, all property of the Detachment except funds shall be turned over to National or Department authority.

(B) Detachment funds will be distributed to local charities, giving preference to veterans organizations.

ARTICLE XXV – RELATED ORGANIZATIONS

Related organizations are considered to include, but are not limited to, Women’s Auxiliary and the M.O.D.D. These organizations are governed under the National By-Laws responsible to the National Headquarters for the management of the respective units.

ARTICLE XXVI – GRIEVANCE AND DISCIPLINE

Grievance and discipline shall be handled in accordance with Chapter IX of the National Administrative Procedures.

ARTICLE XXVII – INCORPORATION BY REFERENCE

The National By-Laws and Administrative procedures, in addition to the Department By-Laws and Administrative Procedures, are hereby incorporated herein. However, any provision (s) contained in these By-Laws shall not govern over a contrary provision in the By-Laws and Administrative Procedures of aforesaid National By-Laws and Administrative Procedures or Department By-Laws and Administrative Procedures.

ARTICLE XXVIII – AMENDMENTS

Section 24.1 These By-Laws may be revised, repealed, or amended by the members of this Detachment provided that the proposed change(s) is submitted to the Adjutant in triplicate, typewritten form in the exact wording desired, and including the section it proposed to change; whereupon the Adjutant will publish the proposed change(s) to full membership by mail no less than one (1) week prior to the meeting at which the proposed changes are to be considered.

Section 24.2 A favorable vote of two-thirds (2/3) of the members present at the stated meeting will be required to approve such proposed changes, which will become effective when approved by the Department of Florida and the Marine Corps League.

Section 24.3 Approved corrections and/or changes to these By-Laws will be published to the members by such means as are available to insure all members are provided a means to update their individual copies of the By-Laws.