Up Dates 23 July 2003
CONTENTS
CONSTITUTION-
PREAMBLE BY-LAWS AND ORGANIZATIONAL GUIDELINES
ARTICLE I--------NAME--------------------------------------
ARTICLE
II------PURPOSE AND OBJECTIVE----------------------
ARTICLE III-----ORGANIZATION-------------------------------
ARTICLE
IV-----MEMBERSHIP----------------------------------
ARTICLE V--------EXECUTIVE BOARD---------------------------
ARTICLE
VI------ELECTIONS----------------------------------
ARTICLE VII----FINANCIAL-----------------------------------
ARTICLE
VIII---CONDUCT OF MEETINGS-------------------------
ARTICLE IX------COMMITTEES---------------------------------
ARTICLE
X-------CONSTRUCTIONS AND AMENDMENTS--------------
ARTICLE XI-----DISSOLUTION OF CHAPTER----------------------
CHAPTER
VERIFICATION AND NOTARIZATION----------------------
CONSTITUTION PREAMBLE:
For God, Country
and for our common bond, we the Vietnam Veterans of the 1st Battalion, 8th Cavalry (Airborne/Air Mobile/Air Assault), 1st
Cavalry Division (Air Mobile), 1965-1971, having aided and maintaining the honor, integrity, and supremacy of our country,
holding in remembrance the sacrifices in common made and drawn together by strong bonds of respect and mutual relationship,
solemnly and firmly associate ourselves together in creating the First Battalion, 8th Cavalry (Airborne/Air Mobile/Air Assault)
"Jumping Mustangs", Vietnam Veterans Chapter, as part of the 1st Cavalry Division Association. The principles and
purposes of which shall be supreme allegiance to the Republic of the United States of America, fidelity to its Constitution,
to hold aloft the torch of True Patriotism, to cherish and preserve the memories of our military tradition by our association
and fellowship...........
BY-LAWS AND ORGANIZATIONAL GUIDELINES PREFACE
We the Vietnam
Veterans of the 1st Battalion, 8th Cavalry, 1st Cavalry Division(Air Mobile) desire to form a non-profit National Chapter
as an affiliate and subsidiary of the 1st Cavalry Association
ARTICLE 1
NAME
Section 1 -
The Chapter will be known as The First Battalion, Eighth Cavalry (Airborne/Air Mobile/Air
Assault) 1st Cavalry Division, Vietnam Veterans, "Jumping Mustangs.
ARTICLE II
PURPOSE
AND OBJECTIVES
Section 1 -
The purpose is to have a National Vietnam Veterans "floating"
chapter to support the 1st Cavalry Division Association and in particular to provide that Vietnam Veterans of this Battalion
hold and Annual Reunion for fraternal gathering, with their families and friends.
Section 2 -
Promote
and preserve the memories of those who were killed in combat and a final resolution of the problem of forgotten MIA/POWs.
Section 3 -
Said chapter is organized by natural sovereign citizens of the United States of America,
who have a God given inalienable right to form an organization to meet peacefully and conduct social and chapter business
activities.
Section 4 -
The chapter is a non-profit, non-partisan, non-sectarian unit voluntarily
formed by and under the fundamental values and beliefs of our Nation
a. To uphold
and maintain the intent of the United States Constitution and other principles set forth by our founding fathers.
b. To realize the true American ideals and aims which those eligible for membership fought.
c. To stimulate a feeling of mutual devotion, helpfulness and comradeship among active, retired, and discharged veterans
of the Vietnam conflict and active duty persons of this Battalion who were not veterans of the Vietnam conflict.
d. To encourage in all, that spirit and understanding of the history of the Battalion in Vietnam, 1965 - 1971.
e. To establish and unofficial "Airborne Chapter" for all Vietnam Airborne paratroopers of the 1st Cavalry
Division, thus maintaining the high esprit de corps and tradition within the Spirit of the United States Cavalry.
ARTICLE
III
ORGANIZATION
Section 1 -
This chapter is formed as part of the 1st
Cavalry Division Association, and will support it and their foundation.
Section 2 -
This
chapter shall encourage its’ membership to become life members of the Division Association.
Section
3 -
This chapter will use as a guide those powers which may be exercised by the 1st Cavalry Division Association and
their association.
Section 4 -
The administration and conduct of the chapter business activities
shall be vested in the duly elected officers as established by this document.
Section 5 -
The
chapter will make no request to the 1st Cavalry Division Association for funds. A limited treasury will be maintained to cover
the cost of postage, reproductions, stationary and expenses incidental to the chapter activities. It is not intended that
the chapter would engage in any extensive financial transactions. No credit or debt will shall be permitted (See Article VII).
Section 6 -
A copy of this document will be filed with the clerk of the Carroll County Court House,
Berryville, Arkansas. The receipt of filing will be placed in the permanent chapter files that are maintained by the Secretary.
ARTICLE IV
MEMBERSHIP
Section 1 -
a. Charter - The 23 original veterans who attended the first reunion before the chapter was formed at Eureka Springs,
Arkansas, 21-23 August 1986, were declared charter members by the first chapter Executive Board. Each member has a special
membership card identifying him as a charter member.
b. Active - Any veteran of the 1/8th
Battalion, 1st Cavalry Division (Air Mobile) who served in Vietnam and has paid his membership donation into the chapter treasurer
shall be an active member. This class of membership is open ended from the dates of the organizational first reunion. This
class will also include charter members.
c. Associate - Any individual not eligible under
section 1.a. or 1.b. above may apply to or be nominated by the Executive Board, whose membership would be approved by a 2/3
vote of the general membership is designated an associate member. Associate members do not have voting privileges. This class
of membership is to encourage others veterans and active duty personnel of the United States Armed Forces to be part of the
chapter
d. Auxiliary - This organization recognized the need for a woman’s auxiliary
and will support its’ activities in accordance with the chapter’s purpose and objectives. This class of membership
is for the chapter’s immediate family. This class of membership will not have voting privileges.
e. Wives and dependents of deceased veterans who served in Vietnam with the "Jumping Mustangs" may become
either auxiliary or associate members.
f. Honorary - In recognition of any individual support
to this chapter, or any individual of Political, Military, or Civilian position may be recommended by at least three (3) active
members. This would be voted on by the Executive Board or by the general membership.
g.
Life - (Details T.B.A,)
Section 2 -
Eligibility
a. General - All chapter members have active membership status as long as the individual exhibits interest in the chapter,
maintains membership and does not disgrace the chapter or the 1st Cavalry Division Association, by any disorderly act or behavior.
The Executive Board shall take appropriate measures to expel any member for conduct that is detrimental to the purpose for
which this chapter is established. An individual notified of such expulsion may appeal to the general membership for a review
of the Boards action. Only those members who have made a current donation may vote at the general membership meeting.
b. Annual Membership - for charter, active and associate membership a suggested donation amount is $10.00. The annual donation
is not refundable. Any increase or decrease in this amount requires a 2/3 vote of the membership present at a general membership
meeting.
c. Membership Duration - A member who has not renewed his status for the
current membership year shall no longer be a member in good standing, has no vote, and will forfeit and not hold or be eligible
for any office, and shall not be entitled to any privileges of/to membership until re-installment.
d. The Executive Board shall be empowered to accept or reject any application or recommendation for membership.
ARTICLE V
EXECUTIVE BOARD
Section 1 -
Chapter
Officers
a. The Executive Board will consist of an Honorary President, President, Vice
President, Secretary, Treasurer, Public Relations, Historian, and Chaplain.
b. The Honorary
President shall have no voting privileges as a member of the Executive Board, but has voting privilege as an active member
of the general membership.
c. No chapter officer shall be liable for acts or failure
to act on the part of any other member, officer, or agent of this chapter
Section 2 -
Terms
of Chapter Officers
a. All members of the Executive Board (except for the Honorary President)
shall serve for a period of three (3) years.
b. The Honorary President shall serve for
a period to be designated by the Executive Board. This period of service may be lengthened or shortened at the discretion
of the Executive Board.
Section 3 -
Succession of Chapter Officers
a. The order of succession of officers is as follows: President, Vice President, Treasurer, and the Secretary.
b. Presidential Vacancy - A vacancy in the office of President shall be filled by the Vice President, but in the case
of absence of a Vice President, shall be filled by appointment of a qualified member as the Board may direct.
c. Any other temporary appointment for death, resignation, or removal may be made by the chapter President. The new Executive
Board member will serve out the remaining term of office.
Section 4 -
General
Items
a. For the purpose of assistance to the Secretary (Chapter Headquarters), he may appoint
an "Assistant to the Secretary" to assist him in his duties. This can be his wife or a member of his household.
The assistance would include secretarial requirements of the chapter, chapter correspondence, and financial records.
b. The Executive Board shall meet prior to the reunion general membership meeting and/or as required by the President
.
c. A chapter officer shall not concurrently hold an elected public office. If any chapter
officer becomes a candidate for public office, he shall be given a "leave of absence" during his campaign. If elected
to public office, it will be necessary to tender resignation of the chapter officer position.
d. The Executive Board shall have supervision, control and direction of the affairs of the chapter, and shall determine
its policies or changes within the limits of the by-laws.
e. The Executive Board shall
actively prosecute it purpose and shall have discretion in the determination of funds disbursements. It may adopt such rules
and regulations for the control and conduct of business as may deem advisable and may, in the execution of the power granted,
appoint such agents it may consider necessary. The presence of 2/3 members of the Executive Board constitutes a quorum
Section 5 -
Duties of the Executive Board
a. Honorary
President: This is a non-elected, non-voting position on the Executive Board. Normally this position will be held by a Vietnam
Battalion Commander of this Battalion. He will act as consultant and senior advisor to the Executive Board, chapter membership,
and the chapter. The Honorary President shall, with the agreement of the President, be the official spokesman for the chapter.
b. President: The President shall have the duty of presiding at all meetings of the chapter, to cause to be issued all
notices which may be required to appoint all committees, to execute all agreements or contracts or other documents in the
name of the chapter, and to perform such other acts as pertains to the office which shall not contravene any provisions of
the Chapter Constitution, By-laws and Guidelines.
c. Vice President: It shall be the
duty of the Vice President to aid the President to carry out the duties of the President during absence or disability of the
President, and to perform such other duties as may be assigned by the President.
d. Secretary:
It shall be the duty of the Secretary to keep the minutes of all meetings of the chapter, to conduct the correspondence pertaining
to the chapter, and to maintain the roster of the chapter membership, with the Divisional Association. Also the Secretary
will act as a liaison with the 1st Cavalry Division Association for all chapter activities. The Secretary shall become the
resident agent for the chapter. He will act as the chapter’s National Executive Director.
e. Treasurer: It shall be the duty of the Treasurer to keep accurate accounts and records of all receipts and expenditures
of chapter funds, maintain care and custody of all money, be accountable for chapter assets, ensure liabilities are paid,
submit an annual report on the fiscal status of the chapter, and to submit other such reports as may be prescribed.
f. Public Relations: It shall be the duty of the Public Relations officer to provide publicity for the meeting and activities
of the chapter through all available media, and to develop procedures for dissemination of information and promotional material
about the chapter, association and foundation.
g. Historian: It shall be the duty
of the Historian to keep a record of all events, collect history of the chapter from the start, gather information of our
KIAs in Vietnam, make an effort to locate next of kin of these men so as to help the Division Association in awarding scholarships
to children of KIAs. He will submit all information to the Secretary for chapter records.
h. Chaplain: To assist in all religious activities of the chapter, aiding the membership with spiritual matters and
participate in all chapter meetings and reunion activities.
ARTICLE VI
ELECTIONS
Section 1 -
Elections
a. The base year for
holding elections will be 1988. Elections will be held every three (3) years thereafter.
b.
To provide for chapter leadership continually, the Vice President will automatically replace the President at the start of
the Executive Board’s new term of office.
c.Those elected to the Executive Board
will assume their duties of office beginning January 1st of the following calendar year.
Section
2 -
Nominations
a. A nominating committee consisting of three
(3) members will be selected by the Executive Board. The President will be the chairman and will count as one of the three
(3) members. The committee will present an election slate to the general membership.
b.
At the general membership meeting, further nominations may be made for any eligible member in good standing by an active member
from the floor.
c. All candidates for chapter offices must express a willingness to serve
and perform the duties of the position elected for.
ARTICLE VII
FINANCIAL
Section 1 -
Annual Fund Raising, and Raffles for Raising Money
a. Donations will be accepted to defray expenses of the chapter.
b. Fund raising activities
may be undertaken by the chapter for the purpose of obtaining funds for the treasury, in order to maintain a viable organization.
Any fund raising activity may be specifically approved by the Executive Board prior to conducting the activity.
c. For reference, because of having active duty military personnel as members, all fund raising activities will comply
with the restrictions imposed by paragraph 5, AR 210-1.
d. All money taken in by
the chapter will be shown on the records and reported at the time of the annual financial report to the general membership
at the chapter reunion.
e. A financial report of all monies handled by the Treasury will
be available to all members at each of the chapter reunions.
Section 2 -
Records,
Account of Banking, Financial Deposits
a. An account [will be maintained by the Treasurer
in a bank of his choosing], with the following names permitted to write checks on this account: President, Vice President,
Treasurer, and the assistant to the Treasurer The checkbook and banking records will be in the possession of the Treasurer.
Financial information, at any time, can be verified by mail or telephone [by contacting the current Treasurer.
Section
3 -
Use of Funds
a. The chapter will use its funds to accomplish
the purpose and objectives of the chapter, to insure all chapter debts are paid after each reunion.
b. The Secretary/Treasurer may draw up to three hundred dollars ($300.00) for the purpose of mailing letters or newsletters,
i.e. "The Bugle", buying stationary, and other secretarial expenses that may arise during the official duties of
his position.
c. All funds drawn on the account (other than b. above) shall be
approved by the Executive Board.
d. All financial transactions will be paid in
cash, and are to be paid as they occur.
Section 4 -
Membership
a. Annual donations (dues) in the amount of ten dollars ($10.00) for the next calendar year should be made prior to or during
the annual reunion. Members may also submit their annual donations by mail directly to the Chapter Treasurer.
b. No organization can survive without financial support and for any member who indicates that he is unwilling to tender
donation in support of this chapter the Secretary will place him on the " inactive list" without requiring a vote.
c. Any member who has been dropped for non-support of annual expenses may be reinstated upon the tender of donations
for the current year and the next year at one time.
d. The Executive Board may drop any
member for good and sufficient cause after he has been given an opportunity of a hearing with two-thirds (2/3) of the Executive
Board giving approval. The individual may appeal the Executive Board’s decision to the general membership at the next
scheduled chapter meeting.
e. All funds received by the chapter are contributions to
cover the cost of the organization. All money given by the membership must be in the nature of a donation or gift. No direct
assessment will be made to the membership. Note: IRS Code Section 102 (A) states that Gifts are not "income", so
they are not subject to income tax.
ARTICLE VIII
CONDUCT OF MEETINGS
Section
1 -
Annual membership meetings shall be held during the reunion each year for reading of the Annual Report, Financial
Report, determining dates and place of the next reunion, elections (when needed), and the transaction of other chapter business.
Section 2 -
Notices of meetings will be published and everyone who is on the membership roster,
will be notified at least three (3) weeks in advance. Notices will be printed in the newsletter "The Bugle", phone,
email, i.e. time permitting, and at the discretion of the President at any time.
Section 3 -
Special
Meetings: Problems that arise that need the Executive Boards approval and attention (vote or what) will be taken care of by
phone or Internet, time permitting, and at the discretion of the President at any time.
Section
4 -
Any member may make a motion, or bring up business before the annual meeting each year, as all membership will
be present at the time for hearing such motion.
Section 5 -
The majority of the members
present at the annual reunion shall be considered a quorum at the general membership meeting.
Section
6 -
Spouses of active members may vote on selection of Reunion Sites.
Section 7 -
Order of Business The suggested order of business at any meeting of the Chapter or the Executive Board shall be as
follows:
] a. Call to Order - Pledge of Allegiance to the Flag
b. Invocation
c. Introduction and/or Roll Call
d. Reading of the Minutes and Treasury Report
e. Discussion of and vote on Future
Reunion sites f. Correspondence and/or Announcements
g. Reports of Committees
and Chapter Projects
h. Unfinished Business/Old Business
i. New Business :
1. Elections will be the
next order of business in election year.
2. Formal
installation of new officers first order of business after the election by making public installation of new officers occur
at the reunion in which election is held.
j. Open Business - Anyone at the
meeting may make comments, remarks, or statements pertaining to Chapter activities
k. Benediction
l. Adjournment
Section 7 -
Guest
speakers and special programs may be inserted in the above order at the discretion of the Presiding Officer.
Section
8 -
No proxy votes or votes by mail from general membership shall be permitted. Members are welcome and encouraged
to contact the association in writing to express their concerns and comments, if not able to attend a business meeting and
vote.
Section 9 -
The National Colors, the Flag of the United States, shall be displayed and
honored at all meetings (Public Law 94-3", 94th Congress, U.S. Code, Title 6, Chapter 10, Section 171-177). The chapter
flag etiquette will follow these prescribed rules and regulations governing the use of the flag.
Section
10 -
Procedures not specified by this document in the conduct of meetings will be the parliamentary rules contained
in the current edition of "Roberts Rules of Order (Revised)
ARTICLE IX
COMMITTEES
Section 1 -
All committees shall be appointed by the Executive Board. They shall be formed as
needed, and they can either operate by mail, email, telephone or actually meeting together. The President has the power to
appoint special committees, as he deems necessary. Each committee shall be charged with effecting a program and shall have
the full support of the chapter in such activity as approved by the Executive Board of the Chapter.
Section
2 -
The following standing committees should plan well in advance and submit a report at the annual reunion:
a. Annual Reunion
b. Constitution and By-Laws
c.
Financial
d. Historical
e. Spouses
Auxiliary
f. Membership
g. Personal
Affairs
h. Program
i. Public Relations/Publicity
ARTICLE X
CONSTRUCTIONS AND AMENDMENTS
Section 1 -
The
provisions of this document shall be construed liberally to accomplish the purpose and objectives of this chapter.
Section
2 -
This document may be amended, repealed, or suspended at any time by a vote of two thirds (2/3) of the members attending
and voting at any regularly publicized meeting of the chapter.
Section 3 -
The Constitution and
By-Laws committee and/or the Executive Board shall review the Constitution and By-Laws each year. In the event changes are
proposed, members shall be notified at least one (1) month in advance of the chapter general membership meeting.
Section
4 -
Once an announcement has been made of a proposed change to an Article/Section of this document, any further modification
to the proposed or new proposals to same Articles/Sections will not necessitate any additional notification or delay.
ARTICLE XI
DISSOLUTION OF CHAPTER
Section 1 -
The
chapter will exist until dissolved by a two thirds (2/3) vote at a scheduled meeting of the general membership. The motion
for dissolution must be announced in both the 1st Cavalry Division Association newspaper and First-Class letter to all charter
and active chapter members.
Section 2 -
In the event of dissolution of this chapter and
after dissolution of all debts and liabilities, the remaining assets shall be distributed to a non-profit organization or
as decided by the Executive Board and in accordance with Army Regulations .
CHAPTER VERIFICATION AND NOTARIZATION
President
John R. Hanlon 1st Lt. (USA) Retired
2091 Liechester Lane Route #3
Memphis, Tennessee 72616
(901)
388-4319
Secretary
Ray E. Poynter 1st Sgt. (USA) Retired
Box 754
Berryville, Arkansas (505)
545-3466
STATE OF TENNESSEE, COUNTY OF SHELBY, TO WIT I HEREBY CERTIFY that on this _______day of _________, 19___,
before me, a Notary Public of said state personally appeared JOHN R. HANLON, known to me , or satisfactorily proven to be
the person whose name is subscribed to the within instrument, and known to be the President of the First Battalion, Eighth
Cavalry (Airborne, Air Mobile, Air Assault) Vietnam Veteran’s Chapter "Jumping Mustangs", and that he, as
such being authorized so to do, executed the foregoing instrument for the purpose therein contained by signing in my presence
the name of Chapter Organization by himself as such President.
WITNESS my hand and Notorial Seal Notary Public
My Commission Expires
STATE OF ARKANSAS, COUNTY OF CARROLL, TO WIT& I HEREBY CERTIFY that on this _______day
of _________, 19___, before me, a Notary Public of said state personally appeared RAY E. POYNTER, known to me , or satisfactorily
proven to be the person whose name is subscribed to the within instrument, and known to be the Secretary of the First Battalion,
Eighth Cavalry (Airborne, Air Mobile, Air Assault) Vietnam Veteran’s Chapter "Jumping Mustangs", and that
he, as such being authorized so to do, executed the foregoing instrument for the purpose therein contained by signing in my
presence the name of Chapter Organization by himself as such Secretary.
WITNESS my hand and Notorial Seal Notary
Public My Commission Expires
top of page