Constitution and Bylaws of Disabled American Veterans, Madison County Chapter #55

Madison County Chapter #55 DAV bylaws outline chapter operations and structure.

Welcome to the Bylaws page of the Madison County Chapter #55 of the Disabled American Veterans (DAV). Bylaws are the rules and guidelines that govern our chapter, outlining the structure, responsibilities, and procedures that ensure we operate effectively and in alignment with our mission to support disabled veterans and their families.

Our chapter is governed by a set of bylaws that detail everything from membership requirements and officer duties to the frequency of our meetings and the administration of our programs. We hold monthly meetings on the second Saturday of each month at 11 AM at the Madison County Veterans Center, followed by a community lunch, where members come together to discuss chapter business, plan activities, and support one another.

If you are interested in taking an active role in our chapter, from volunteering to stepping into a leadership position, please visit our Volunteer Page for more information on how to get involved. Below, you will find the full text of our chapter bylaws.

CONSTITUTION

ARTICLE I – Name

The name of this Chapter shall be Madison County Chapter #55, Department of Kentucky Disabled American Veterans.

ARTICLE II – Purpose

The purpose of this Chapter is to build better lives for all our nation’s disabled veterans and their families and, in furtherance of that purpose, to support the programs of the Disabled American Veterans as provided in the National Constitution and Bylaws and Regulations of the National Executive Committee.

ARTICLE III – Membership

Membership in Madison County Chapter #55 shall conform to the membership requirements as set forth in the National Constitution and Bylaws. There shall be no associate, special or honorary memberships in this Chapter.

ARTICLE IV – Administration

Section 1. The administrative affairs of shall be vested in the Chapter Executive Committee in emergencies only and all other actions of the Chapter Executive Committee must be ratified by a majority vote of those Chapter members present and voting, at the next regular Chapter meeting.

Section 2. The Executive Committee shall be composed of the Commander (has only tie breaking vote), Senior Vice Commander, Junior Vice Commander, Adjutant, Treasurer, Judge Advocate, Chaplain, Historian, and any other elected and/or appointed officers.

Section 3. At the time specified in the Chapter Bylaws, Madison County Chapter #55 shall elect annually a Commander, Senior Vice Commander, Junior Vice Commander, and Treasurer. Such other officers as may be necessary to operate the Chapter may be appointed by the Commander, with the approval of the Chapter. The Adjutant will be appointed by, and serve at the pleasure of, the Commander and will have one vote. Neither the Commander nor any Chapter Vice Commander may serve as Chapter Adjutant or Treasurer.

ARTICLE V – Executive

The Executive power of Madison County Chapter #55 shall be vested in the Chapter Commander.

ARTICLE VI – Auxiliary

The Madison County Chapter #55 recognizes a DAV Auxiliary; subject only to such supervision as conforms to the National and Departmental Constitution and Bylaws of both organizations.

ARTICLE VII – Amendments

This Constitution may be amended at any Chapter Meeting by a two-thirds (2/3) majority vote of those present and voting, subject to approval of the Department Judge Advocate and National Judge Advocate, and effective only after the date of said approval, provided that any such amendment is read at two (2) consecutive general membership meetings and that all available Chapter members were notified of the proposed changes prior to each of the two (2) meetings. Every attempt will be made to notify all members of this Chapter. This Chapter shall not conduct a fund-raising drive or project in the territory of any other Chapter unless the prior written approval of the Chapter or Chapters concerned is first obtained, in addition to securing the approval mentioned in Section 7 above. The Chapter shall at all times strictly comply with all provisions of the National and Department Constitutions and By-Laws concerning fund-raising drives or projects and shall neither sponsor nor conduct, directly or indirectly, any lottery in the name of, or using any part of, the name Disabled American Veterans or its initials.

BY-LAWS

ARTICLE I – Organization

Section 1. This Chapter recognizes the National Organization known as Disabled American Veterans, incorporated by Act of Congress, and affirms its allegiance, and subordination, to the National Organization, its Constitution, Bylaws and all rules, mandates and regulations promulgated pursuant thereto. Upon dissolution of the Chapter, the assets remaining after the payment of its debts shall be distributed as provided in Article 6, Section 6.4, Paragraph 5 and 6, of the National Bylaws.

Section 2. Governing body of this Chapter shall be the Chapter in session, except as otherwise provided in this Constitution and Bylaws.

Section 3. Minutes of the meetings of the Chapter, including the Chapter Executive Committee, is its authority to function and shall be kept and be available for inspection by any Chapter member.

ARTICLE II – Charter

The Charter of the Chapter, issued by the National Executive Committee, is its authority to function and shall be displayed behind the Commander’s station at all General Membership meetings.

ARTICLE III – Executive Committee

Section 1. The Executive Committee shall be composed of the Commander, Senior Vice Commander, Junior Vice Commander, Treasurer, and any other elected or Appointed officers.

Section 2. Meetings of the Chapter Executive Committee will be called by the Commander or at the request of any three (3) Executive Committee members, made in writing to the Commander.

Section 3. Committee chairmen and any Chapter member in good standing may attend the Chapter Executive Committee meeting, but without the right to vote.

Section 4. Four (4) Officers of the Executive Committee will constitute a quorum.

Section 5. The Chapter Executive Committee may act for the Chapter only in emergencies and at all other times shall recommend courses of action to the Chapter in session.

ARTICLE IV – Officers and Their Duties

Section 1, Paragraph 1. The Chapter Membership will elect a Commander, Senior Vice Commander, Junior Vice Commander, Chaplain, Judge Advocate, Historian, Sergeant-At-Arms, and/or any other officers as deemed necessary to operate this Chapter. Appointed officers will be the Adjutant, Treasurer, and Service Officer. Neither the Chapter Commander nor any Chapter Vice Commander may serve as Adjutant or Treasurer. The office of the Adjutant and Treasurer may be held by the same person. A member can hold only one elective Chapter office at any one time. A delegate to a National or Department Convention is not holding an “elective office” within the meaning of this Section, except as otherwise provided herein; an elected officer may also hold an appointive office, and vice versa, except as may otherwise be provided in the National, Department or these Constitution and Bylaws. The Service Officer may hold any other elective or appointive office. Neither the Chapter Commander nor any Chapter Vice Commander may serve as Chapter Adjutant or Treasurer.

Section 1, Paragraph 1.1. By accepting any elective or appointive office, a member agrees that his services shall be rendered gratuitously and that he shall not be entitled to reimbursement for any sums advanced, incurred or spent unless expressly authorized by the Chapter at a regular Chapter meeting. No chairman, committeeman, Chapter officer or other Chapter member shall have the power or authority to incur any expense or obligation or bind the Chapter, unless by prior express approval of the Chapter, evidenced by a majority vote at a regular meeting. A member, by accepting any elective or appointive office, promises and agrees to perform the duties of such office or appointment to the best of his ability; to act and conduct himself in such a manner, at all times and places, as will only affect the good of the Organization; to enforce and sustain this Constitution and Bylaws, and the Constitution and Bylaws of the National and Department organizations; and when his successor has been duly elected or appointed, to surrender to him without notice or demand all the records and other property of the Chapter or of the Organization in his possession or under his control.

Section 1, Paragraph 2. The Commander will appoint an Adjutant, Treasurer, Service Officer and Committee Chairmen and members, with the exception of the Nominating Committee which will be elected by the Chapter membership.

Section 1, Paragraph 3. He will also appoint such other officers as are necessary to carry out the business of the Chapter.

Section 1, Paragraph 4. A Chapter Officer Report will be submitted to the State Department and National Organization within ten (10) days of the installation of newly elected and appointed Chapter Officers or in the event of any subsequent change in the Chapter officers during the membership year.

Section 1, Paragraph 5. There shall be no voting by proxy or voting by absentee ballot.

Section 2, Paragraph 1. The Commander will be the presiding officer and in his absence, the duty will fall to the next highest officer in the line of succession who is present. The Commander will maintain order and dispatch such business as may legally come before him. All checks and vouchers issued by the Chapter Treasurer must be counter-signed by the Commander. He shall perform all other duties that may reasonable be assumed to be incidental to his office, including those set forth in the Constitution and By-Laws and in the Official DAV Ritual, and such other duties as may be lawfully delegated to him by the Chapter.

Section 2, Paragraph 2. The Senior Vice Commander will perform the duties of his station as set forth in these By-Laws and in the Official DAV Ritual. He shall encourage friendship among the members of this Organization, discourage discord, and promote harmony. Subject to the direction of the Chapter, he shall act as the Chairman of membership solicitation activities to the end that every eligible veteran may become a member. The Senior Vice Commander may appoint one or more members to assist him in such membership activities. He will also perform the duties of the Commander in his absence. If the Commander should die, resign or be removed from office, the Senior Vice Commander will succeed the Commander until a new commander is elected at the next scheduled election.

Section 2, Paragraph 3. The Junior Vice Commander will perform the duties of his station as set forth in these By-Laws and in the Official DAV Ritual. He shall see that every member is given a reasonable opportunity to state his views on any subject under discussion in a meeting of the Chapter, not inconsistent with this Constitution and Bylaws or Robert’s Rules of Order. He shall, at all times, encourage loyalty to the United States of America, to the DAV, and to the members of the Chapter. Subject to the direction of the Chapter, he shall act as Chairman of the Americanism activities of the Chapter and, may appoint one or more members to assist him as such Chairman. He will also have a seat on the Budget and Finance Committees. He is next in line to succeed the Commander in the event of the absence or disability of the Senior Vice Commander.

Section 2, Paragraph 4. The Treasurer shall receive and immediately deposit all the Chapter’s money in a bank account in the name of the Chapter without any deductions or offsets. He shall make authorized disbursements only by checks or vouchers signed by him and countersigned by the Commander. He shall keep a system of accounts approved by the Commander and shall preserve all receipts and checks or vouchers for payments made. He shall render a monthly report of receipts and expenditures to the Chapter not later than the first regular Chapter meeting following the last day of each calendar month. An annual financial report, audited and approved by the Chapter Audit Committee, shall be submitted to the State Department and National Organization within ninety (90) days after close of the accounting year of the Chapter, as required by the National Bylaws.

Section 2, Paragraph 5. The Adjutant is responsible for keeping the Chapter’s records and conducting the Chapter’s official correspondence. He must keep detailed records of the Chapter meeting and business affairs. All motions considered by the Chapter will be recorded along with the names of the members who make, second, or speak on motions in his minutes of meetings. At each meeting, the Adjutant should read all correspondence received between meetings and see that all matters which require action by the Chapter are properly disposed of. He should answer all correspondence promptly and file copies of his responses with the Chapter records. The Adjutant is responsible for the maintenance of membership records and will make certain they are kept up to date. He shall conduct all necessary correspondence, keep an up-to-date list of the membership in good standing, maintain lists of former members and others eligible; promptly collect all dues and other income and remit all such sums, without deduction or offset to the Treasurer immediately on receipt. Meeting notices should be mailed (e-mailed) to all Chapter members at least a week before the meeting. If a Special Meeting is called, the reason and purpose for the meeting will be stated on the meeting notice as well as who is calling the meeting. The Adjutant will read the minutes of the last meeting and get a motion to accept, reject or amend those minutes. The Adjutant will have one (1) vote during all regular or special meetings.

Section 2, Paragraph 6. The Chaplain shall perform the duties of his station as set forth in this Constitution and By-Laws and in the Official DAV Ritual. He shall visit the sick and comfort the families of those members who pass away. He shall be responsible for encouraging attendance at DAV conducted funerals and the proper conduct thereof. Subject to the direction of the Chapter, the Chaplain shall act as the Hospital Visitation Chairman and may appoint one or more members to assist him as such Chairman.

Section 2, Paragraph 7. The Historian will keep a brief history of the activities of the Chapter during his term of office, to be kept as a permanent record of the Chapter. He will also act as the Publicity Officer of the Chapter and regularly furnish proper publicity materials to local newspapers, radio stations and television outlets, as well as official DAV National and Department publications, with the approval of the Chapter Commander and the Executive Committee. No other member shall cause any publicity to be given to any Chapter activity or concerning the Chapter without approval of the Chapter.

Section 2, Paragraph 8. The Service Officer shall advise and assist veterans disabled in the line of duty during time of war, and their dependents, in the technical preparation of their claims for benefits from any governmental agency. He shall also assist them in securing suitable, gainful employment. He will also serve as the Veterans Affairs Chairman for the Chapter.

Section 2, Paragraph 9. The Judge Advocate, upon request of the Commander of the Chapter, shall render an opinion upon all parliamentary questions, upon any question arising out of any dispute upon the floor of the assembly, or concerning the interpretation of this Constitution and By-Laws, or the Constitution and By-Laws of the National or Department organization. Upon receipt of his opinion, the Commander (or presiding officer, if the Commander is not in the chair) shall announce his ruling or decision, which need not be in accordance with the opinion of the Judge Advocate. Such decisions shall be final and binding upon the Chapter unless (1) overruled by a two-thirds (2/3) vote of the members at the meeting during which the decision is announced, (2) a motion to table is made or (3) reversed upon an appeal taken to the next higher governing body within thirty (30) days after such decision is made known.

Section 2, Paragraph 10. The Sergeant-At-Arms and the Color Guards shall perform the duties of their respective offices as set forth in the Official DAV Ritual.

Section 3. Upon election or appointment, and installation of the successor to any such Chapter office, all Chapter property in his or her predecessor’s possession shall be surrendered to the newly installed officer.

ARTICLE V – Qualifications

Section 1. Any person who is a member in good standing of this Chapter shall be eligible to hold any elective or appointed office in this Chapter, except as otherwise provided in this Constitution and Bylaws.

ARTICLE VI – Tenure of Office

Section 1. Officers shall be nominated and elected during the April meetings.

Section 1.1. Nominations and Elections: All voting for officers may be by written ballot, except by unanimous consent.

Section 1.2. In the event of a vacancy of any elective office, nominations and elections, to fill such vacancy may be made at the same meeting. Installation will be completed at the same meeting.

Section 1.3. All nominations must be submitted from the floor at the same regular meeting as offices mentioned in Section 2, Paragraph 1 of Article V.

Section 2. Elected and appointed officers shall be installed at the April meeting when they are elected or appointed, and it must be prior to the Department Convention each year. They shall serve for one (1) year or until newly elected or appointed officers have been installed.

Section 3, Paragraph 1. Unexcused absence of any officer from three (3) consecutive meetings or those officers, who do not appear to be fulfilling the duties of their office, shall be cause for removal by the Chapter, and the Commander is empowered to appoint a Chapter member to serve the unexpired term, subject to the approval of the Chapter. Removal is NOT mandatory. It will be at the discretion of the Commander, Executive Committee and/or Chapter Membership.

Section 3, Paragraph 2. In the event the office of Commander shall be vacated for any reason the Senior Vice Commander will elevate to Commander and the Junior Vice Commander will be elevated to Senior Vice Commander and the vacancy filled as outlined in Section 3, Paragraph 1.

Section 4. It shall require a majority vote of those Chapter members present and voting to elect a candidate for any Chapter office. It shall also require a majority of votes cast to elect delegates or alternates to a State or National Convention. Delegates or Alternates to a State Convention shall have their expenses paid for by the Chapter provided funds are available. Delegates attending the State Convention shall have their lodging, meals and mileage paid. Limits will be the same as Department. NOTE: Department Service Officer will have all expenses paid to State Convention, and any training where his attendance is beneficial. If the Chapter Commander attends the National Convention he will be paid only mileage (at the Department rate), provided funds are available. If there are less delegates and alternates than the number to which the Chapter is entitled then all such candidates nominated for delegate or alternate shall be declared elected.

ARTICLE VII – Membership

Section 1. No new applicant shall be denied Chapter membership if he meets the eligibility requirements as set forth in the National Constitution and By-Laws.

Section 2. Only members in good standing are eligible to vote on any motion or election.

Section 3. Members of another Chapter may secure a transfer of membership to this Chapter with the approval of this Chapter.

Section 4. Applicants for membership will be reviewed by the Membership Committee and a report made to the Chapter at the next regular monthly meeting.

Section 5. The same procedure in Section 1 will apply to transfers.

Section 6. Any member in arrears in payment of dues shall automatically cease to be a member in good standing as per National Constitution and By-Laws.

ARTICLE VIII – Finances

Section 1. The Treasurer or other designated officer shall deposit all monies in the name of the Chapter and shall countersign with the Commander or one other designated Chapter officer on all checks.

Section 2. The Treasurer or other designated Chapter officer shall be charged with handling normal finances in the operation of the Chapter.

Section 3. Life membership dues shall be as provided in the National Bylaws.

ARTICLE IX – Meetings

Section 1. Regular Chapter meetings will be held at least once each month. Meeting dates, times and location shall be determined by majority vote of the Chapter membership in session.

Section 2. The Chapter must hold at least four (4) regular meetings with a quorum present within a membership year.

Section 3. Special meetings of the Chapter may be called by the Commander whenever the Commander may deem it necessary, or when requested in writing to do so by four (4) or more Chapter members. The call of any such special meeting shall specifically state the purpose for which it is called. No other business, not specified in the call, shall be transacted at the special meeting.

Section 4. Rules of Chapter Meetings shall be as follows:

  • RULE 1. A quorum will consist of five (5) members of which at least three (3) are elected officers. The two members in good standing may also be Chapter officers.
  • RULE 2. Robert’s Rules of Order, Revised will govern the Chapter in all cases to which they are applicable and in which they are not inconsistent with this Constitution and Bylaws, the Department Constitution and Bylaws, or the National Constitution and Bylaws.
  • RULE 3. Discussion of personal grievances will not be in order on the floor unless introduced by the Grievance Committee or other Committees having the authority to consider any such matter.
  • RULE 4. Matters concerning only an individual member, with respect to his own personal interest, shall not be in order but may be taken before the proper Committee.
  • RULE 5. Voting shall be by voice or show of hands unless otherwise requested by seven (7) members. Elections may be voice, show of hands, or written ballots. The Commander will make that determination on the day of elections.

ARTICLE X – Committees

Section 1. All Chapter committees will meet at the call of the Chairman or Commander, or as otherwise provided in this Constitution and Bylaws.

Section 2. Committees are to be appointed and dissolved as needed. Committees will consist of no less than three (3) nor no more than seven (7) members (except as otherwise provided herein), including the Chairman. Committees shall be appointed by the Commander with the approval of the Chapter, with the exception of the Nominating Committee, which shall be elected, by the Chapter.

Section 3. The Chapter shall have an Audit Committee composed of at least three (3) members of the Chapter, excluding the Commander, Senior Vice Commander, Treasurer, Adjutant and Finance Committee Chairman. The Audit Committee will conduct an annual audit in accordance with the requirements of the National By-Laws.

Section 4. The Commander shall be a non-voting member of all Chapter committees and will not serve on the Nomination Committee nor the Audit Committee.

ARTICLE XI – Restrictions and Miscellaneous

Section 1, Paragraph 1. These By-Laws may be amended at any Chapter Meeting by a two-thirds (2/3) majority vote of those present and voting, subject to approval of the Department Judge Advocate and National Judge Advocate, and effective only after the date of said approval, provided that any such amendment is read at two (2) consecutive general membership meetings and that all available Chapter members were notified of the proposed changes prior to each of the two (2) meetings. Every attempt will be made to notify all members of this Chapter. Only those members who have requested to be contacted will be notified.

Section 1, Paragraph 2. A copy of this Constitution and By-Laws will be properly affixed to the back of the framed Charter to prevent its loss and in order that it may always be available for reference.

Section 1, Paragraph 3. To the extent to which the provisions of this Constitution and By-Laws are or may at any time become inconsistent with the provisions of the Constitutions and By-Laws and lawful mandates, decisions and regulations of either the governing State Department or National Organization, as now in force or as hereafter amended or adopted, this instrument shall be deemed amended so as to conform thereto.

Section 3. The Rules contained in Robert’s Rules of Order shall govern the Chapter in all cases to which they are applicable and in which they are not inconsistent with this Constitution and By-Laws, the National Constitution and By-Laws, or the Department of Kentucky Constitution and By-Laws.

Section 4. The order of business at any regular meeting shall be conducted as prescribed in the Official DAV Ritual and as dictated by the needs of the Chapter.

Section 5. There will be no voting by proxy. Only members in good standing and present will be entitled to vote on any question or at any election. The presiding officer shall be entitled to vote only in case of a tie or where the voting is by written ballot.

Section 6. Each member accepting or retaining membership in this Chapter agrees to be bound by this Constitution and By-Laws and the DAV National and Department Constitution and By-Laws, now in force or hereafter adopted or amended. Each member also agrees not to bring any action in any court of law or equity relating to his rights or privileges as a member or officer until all remedies provided by this Chapter’s Constitution and By-Laws and the State and National Constitution, By-Laws and lawful mandates have been exhausted.

Section 7. Except as otherwise expressly provided in the National By-Laws, the Chapter will not sponsor or engage in, directly or indirectly, any fund raising or finance project without the prior approval of the Department of Kentucky or National Executive Committee, where required by the National Bylaws. All fund raising activities will be conducted in accordance with Article 15 of the National By-Laws.

Section 7-1. This Chapter shall not conduct a fund-raising drive or project in the territory of any other Chapter unless the prior written approval of the Chapter or Chapters concerned is first obtained, in addition to securing the approval mentioned in Section 7 above. The Chapter shall at all times strictly comply with all provisions of the National and Department Constitutions and By-Laws concerning fund-raising drives or projects and shall neither sponsor nor conduct, directly or indirectly, any lottery in the name of, or using any part of, the name Disabled American Veterans or its initials.

Section 8. Nonpartisanship. Madison County Chapter #55 shall be non-political and non-sectarian and the name of this Chapter or of the Disabled American Veterans may not be used in connection with any political, sectarian or labor dispute, nor in any matter not directly related to wartime service-disabled veterans. Nor shall the Chapter engage in any such activity. However, nothing in this paragraph shall prohibit the Chapter from participating in political issues which have a direct bearing upon the welfare of America’s disabled veterans.

Section 9. In the event of a catastrophic event, e.g. Death of the veteran, leaving the spouse with no income, insurance or other readily available monies; the Chapter, after review by the Finance Committee, may donate an amount not to exceed $500.00 for funeral expenses depending upon the Chapter’s financial situation. The Chapter may also, under these catastrophic conditions, donate an amount, to be determined by the Chapter as a voting group, but not enough to deplete the Chapter’s checking account below the level of $1000.00. This amount has been a standing practice of the Chapter and is considered to be the minimum necessary on-hand amount for the Chapter’s financial needs. Furthermore, the cashing of the Certificate of Deposit(s) will not be accomplished if the actions result in a penalty for early withdrawal, unless the Chapter is in dire need of the funds for normal operating expenses. The Chapter, by National and Department By-Laws, can not make any loans to any person affiliated with the DAV, DAVA, or other requesting parties. The motion for this action can not be made or voted on by the Commander, Adjutant, or Treasurer. This is meant to prevent prejudice either for or against the matter in question.

Section 10. Whenever used in this Constitution and By-Laws and the context so requires, the masculine shall include the feminine, and the singular shall include the plural, and vice versa. The initials “DAV” wherever used in this Constitution and By-Laws, refer to “Disabled American Veterans”.