85 th National Convention Bylaws Summary of Voting Results

Transcription

1 85 th National Convention Bylaws Summary of Voting Results RESOLUTION SUBJECT RESULTS NO a Change to Article XVIII, Section 2, C DIS-APPROVED b Change to Article XVIII, Section 2, C APPROVED Change to Article III, Section 4, A APPROVED Change to XII, Section 1 APPROVED Change to Article XV, Section 13 A 1) d) DIS-APPROVED Change to Article XI, Section 1, E5 Change to Article XI, Section 3, E Change to Article XI, Section 2, F Change to Article XI, Section 2, F & G APPROVED Change to Article XIII, Dues, Section 2 Life Member Rebates DIS-APPROVED Change to Article XI, Section 4, Region Commanders WITHDRAWN Change to Article VII, Departments, Section 9, Removals WITHDRAWN Change to Article XII, National Committees, Section 1, NEC WITHDRAWN Change to Article XII, National Committees, Section 1, NEC APPROVED Change to Article XV, Section 12, I WITHDRAWN Change to Article XI, Section 5 DIS-APPROVED Change to Article III Chapters Section 4B APPROVED Change to Article XII: National Committees, Section 5: Investment Committee WITHDRAWN Change to Article XII, National Committees, Section 1, NEC WITHDRAWN 1

2 RESOLUTION: 2017 ~ 1a ARTICLE XVIII Section 2, C ~ Associate Memberships Change to ARTICLE XVIII, Section 2, C Article XVIII SECTION 2 ~ MEMBERSHIP reads: C Gold Star mothers, fathers, children, and spouses will be allowed to join at no cost and will be provided a digital copy of the Purple Heart Magazine at no cost to the Order, and Article XVIII Section 6 DUES reads: Associate Life Membership dues shall be the same as MOPH Life Membership dues. Title 26 United States Code (USC) 501 (c)(19) B covers the requirements to maintain our nonprofit status, and Title 26 USC 501 (c)(19) B has a requirement for at least 75% of the MOPH membership to be Purple Heart recipients with other restrictions limiting Associate Members, and Allowing free membership for Gold Star families could endanger the Order s nonprofit status by too many Gold Star families taking advantage to the free membership, therefore, be it, That Article XVIII Section 2,C be changed to read: C Associate Membership will be granted to Gold Star mothers, fathers, children, and spouses. Submitted by: National Bylaws Committee 2

3 RESOLUTION: 2017 ~ 1b ARTICLE XVIII Section 2, C ~ Associate Memberships Change to ARTICLE XVIII, Section 2, C Article XVIII Associate Members SECTION 2 C reads: Gold Star mothers, fathers, children, and spouses will be allowed to join at no cost and will be provided a digital copy of the Purple Heart Magazine at no cost to the Order, and As Gold Star families of deceased recipients of the Purple Heart Medal, they are already eligible for membership as Associate Members, and No other class of membership exists that is given free membership and it would be very costly for the National Headquarter to track Gold Star Families as a separate class of membership, and Gold Star Families would be counted as Associate Members and therefore subject to the IRS constraints on the number of Associate Members allowed under our Congressional Charter, and Gold Star Families should be encouraged to participate in the Order under the same guidelines and restrictions that affect any other class requestiong membership as Associate Member and should be required to the pay for the privilege of membership,, therefore, be it, That Article XVIII Section 2,C be changed to read: Gold Star mothers, fathers, children, and spouses will be encouraged to join the Order as Associate Members under the requirements for other eligible classes of Associate members. Submitted by: National Bylaws Committee 3

4 RESOLUTION: 2017 ~ 2 ARTICLE III, Section 4, A Chapter election dates Change to ARTICLE III, Section 4, A The Bylaws were revised and approved by the NEC in 2017, and The revision reads: ARTICLE III, Section 4 ~ ELECTIONS A. Election of the chapter officers shall be held in March of each year. The Bylaws Committee voted to keep the same dates for chapter elections as existed in the 1984 Bylaws Version, which had the elections being held in April rather than in March, and There was a typo about which month to hold chapter elections in the version of the bylaws sent out to the NEC for a vote in May 2017 therefore, be it, That Article III Section 4, A be changed by substituting April for March. Submitted by: National Bylaws Committee 4

5 RESOLUTION: 2017 ~ 3 ARTICLE XII, Section 1 National Executive Committee Change to ARTICLE XII, Section 1 ARTICLE XII ~ Section 1 ~ National Executive Committee reads; A. The National Commander, Past National Commanders, National Senior Vice Commander, National Junior Vice Commander, six Region Commanders, National Finance Officer, National Judge Advocate, National Inspector, National Sergeant-at-Arms, Department Commanders, National Finance Committeemen, and National Publications Committeemen who shall all have a voice and a vote, and ARTICLE IX ~ NATIONAL CONVENTION Section 2 ~ reads; C. All Department Commanders with a voice and a vote. In the absence of the Commander, the Senior Vice Commander or Junior Vice Commander may represent the department, and Article IX Section 2 allows for a subordinate commander to represent the department at the national convention if the department commander does not attend, which gives the department a voice and a vote, and In the past, when the National Executive Committee voted between conventions the Adjutant sent out voting sheets to the Senior Vice and Junior Vice Commanders as part of the National Executive Committee, and The wording of Article XII, Section 1 was not changed in the June 2, 2017 bylaws where it listed Department Commanders as the only potential representative of their department, and The circumstance for allowing Senior and Junior commanders to vote at National Convention which includes the pre-convention and post national convention NEC meetings are not for consideration on NEC votes between conventions, therefore, be it, That Article XII Section 1, A be added that reads: 1) In the absence of the Commander, the Senior Vice Commander or Junior Vice Commander may represent the department at the NEC meetings in the convention city at the pre-convention and post national convention NEC meeting. 2) Only the Department Commander has a vote during all other NEC votes. Submitted by: Department of Kentucky 5

6 RESOLUTION: 2017 ~ 4 ARTICLE XV Section 13 A 1) d) Change to ARTICLE XV Section 13 A 1) d) The past few years have seen a trend of members sending less than courteous e- mails concerning actions or potential actions of officers of the Order, and These s have used derogatory name calling and demeaning language towards other Patriots in the Order, and There were s with misleading or, factually incorrect information, and There have been s using the above-mentioned actions to influence orders and potential decisions by officers of the Order, and There needs to be open communication within the Order, and There have been inappropriate s by officers with directives to members who are not in their chain of command, therefore, be it, That Article XV Section 13, A 1) d) (4) & (5) be added to read: Submitted by: Bylaws Committee (4) Knowingly sending communications which is misleading and/or factually incorrect information, that could negatively influence an order of a MOPH officer or the vote of any of the voting bodies within the Order. (5) Sending communications which slander or libel another Patriot(s) of the Order. 6

7 RESOLUTION: 2017 ~ 5 ARTICLE XI, Sections 1, 2, 3 Change to ARTICLE XI, Section 1, E5 Change to ARTICLE XI, Section 3, E Change to ARTICLE XI, Section 2, F Change to ARTICLE XI, Section 2, F & G Article XI Section 1, E says: 5. A National Bylaws Committee of nine members will be appointed by the National Commander. a). The National Junior Vice Commander will service as the chairman., and Article XI Section 3E says the Junior Vice Commander: Will serve as the chairman of the National Bylaws Committee, and therefore, be it, That Article XI Section 1, E 5 a) be changed to read: The National Commander will appoint either the National Senior, National Junior Vice Commander, or one of the six Region Commanders to serve as the chairman, and be it further That Article XI Section 3E be changed by deleting the first word: Will and substituting the word May and be it further That Article XI Section 2 F read: May serve as the chairman of the National Bylaws Committee, and be it further That prior XI Section 2F & G be changed to read: 2G and 2H respectively. Submitted by: National Bylaws Committee 7

8 RESOLUTION: 2017 ~ 6 ARTICLE XVIII Dues Section 2 Life Member Rebates Change to ARTICLE XIII Dues, Section 2 Life Member Rebates The per capita payment based on a previous National Convention vote is 50% to the Departments and 50% percent to the chapters, and When this disbursement split was approved, the National Headquarters had sufficient funding from the Foundation, and The proposed funding disbursement for the FY 2017/2019 will be almost five times the amount disbursed last year which means Department and Chapter will receive a windfall amount, and The National Headquarters continues to struggle with dimished funding from the Foundation and has many requirements that will go unfunded and all hourly employees have not had a pay raise in a number of years and our NSO program is underfunded, and It has been said that God helps those who help themselves and since a portion of the disbursement could again be given to National Headquarters without affecting the Departments and Chapters, therefore be it That in Article XIII ~ Dues, Section 2 The per capita payment shall be changed to: 40% to Departments, 40% to Chapters and 20% to the National Headquarters. Submitted by: National Bylaws Committee 8

9 RESOLUTION: 2017 ~ 7 ARTICLE XI Section 4 Region Commanders Change to ARTICLE XI Section 4 Region Commanders Article XI Duties of National Officers, Section 4 Region Commanders: Lists the duties and responsibilities of Region Officers but does not state a residency requirement, and Article X National Officers, Section 1 Eligibility states: All active members of the Military Order of the Purple Heart of the U.S.A., Inc., in good standing, shall be eligible for any National Office except as otherwise restricted herein, but does not restrict a Region Commander from living outside his/her Region, therefore, be it, That Article XI Section 4 and/or Article X Section 1 shall be amended to state that a Patriot shall reside within the geographical boundaries of the Region in which he or she is elected Region Commander. Should a Region Commander move outside his/her Region geographical boundaries, he/she shall vacate the position. Submitted by: Department of Arkansas Signed: Charles W. Adkins, Jr (Department Commander) 9

10 RESOLUTION: 2017 ~ 8 ARTICLE XVIII Section 2, C ~ Chapter election dates Change to ARTICLE VII Departments, Section 9 Removals Article VII, Section 9 Removals currently states: that any Department officer who misses three meetings of the constituent body of which he is an officer may have his office declared vacant by order of the Department Executive Committee unless a legitimate excuse can be made for each absence. When so removed, he shall have the privilege of an appeal to the National Executive Committee to be taken within 60 days of the date of the order declaring such office vacant, and There is no language within the MOPH Constitution and by Laws that addresses the absences of, or provides a definition of in good standing for, a Past Department Commander that misses three or more consecutive Department Conventions, therefore, be it, That the following paragraph shall be added to Section 9: B. Any Past Department Commander who misses three or more consecutive meetings of the constituent body of the Department of which he/she is a member, shall be declared not in good standing, the position considered vacant or removed from active status by order of the Department Executive Committee, and therefore unable to participate in Department Executive Committee business and ballots unless a legitimate excuse can be made for each absence. When so removed, he/she shall have the privilege of an appeal to the National Executive Committee to be taken within 60 days of the date of the order declaring his/her position as a Past Department Commander vacant or removed from active status. Submitted by: Department of Arkansas Signed: Charles W. Adkins, Jr (Department Commander) 10

11 RESOLUTION: 2017 ~ 9 ARTICLE XII National Committees Section I NEC Change to ARTICLE XII National Committees Section I NEC Article XII, Section I National Executive Committee currently states: A. Consist of the National Commander, PNC in good standing, Senior Vice-Commander, Junior Vice-Commander, six Region Commanders, National Finance Officer, National Judge Advocate, National Inspector, National Sergeant-at-Arms, Department Commanders and the National Finance Officer and National Publication Committeemen, all with votes; and the National Adjutant, National Service Director, National Legislative Director, National Welfare Officer, National Historian, National Chaplain, National Americanism Officer, National Public Relations Director, National Surgeon, VAVS Director and Director of Women Veterans Issues -- without votes, and There is no language within the MOPH Constitution and by Laws that addresses the absences of, or provides a definition of in good standing for, a Past National Commander that misses three or more consecutive meetings of the National Executive Committee, to include National Conventions, therefore, be it, That the following paragraph shall be added to Section I: B. Any Past National Commander who misses three or more consecutive meetings of the National Executive Committee, to include National Conventions, shall be declared not in good standing, the position considered vacant or removed from active status by order of the National Commander, and therefore unable to participate in National Executive Committee business and ballots unless a legitimate excuse can be made for each absence. When so removed, he/she shall have the privilege of an appeal to the National Executive Committee to be taken within 60 days of the date of the order declaring his/her position as a Past National Commander vacant or removed from active status. Submitted by: Department of Arkansas Signed: Charles W. Adkins, Jr (Department Commander) 11

12 RESOLUTION: 2017 ~ 10 ARTICLE XVI LADIES AUXILIARY Change to ARTICLE XVI LADIES AUXILIARY The Ladies Auxiliary by name and bylaws restricts membership to only female spouses, and There are 12 references to the word Ladies in Article XVI, and There are well over 100 female members of the Military Order of the Purple Heart, and A significant number of the female Patriots are married, and The only membership option for these males is as non-voting Associate Members of the MOPH, and The female spouses of male Patriots have two options Associate Member of the MOPH and full membership with voting privileges as Ladies Auxiliary Military Order Purple Heart, and This deprives male spouse of Patriot to have a full membership in either organization, and This is gender discrimination, therefore, be it, That Article XVI be changed to allow male spouses of Patriots to become members of an Auxiliary of the Military Order of the Purple Heart by deleting all references to Ladies in this article, and be it further That the Ladies Auxiliary Military Order Purple Heart Constitution be changed to drop the word Ladies from all references to the Auxiliary. Submitted by: Department of California 12

13 RESOLUTION: 2017 ~ 11 ARTICLE XV Section 13, I Change to ARTICLE XV Section 13, I Article XV, Section 13, I, Outlines the procedures for the expulsion of a member, and This is one of the most extreme measures of disciplinary action the National Executive Committee (NEC) can vote, and Article XV, Section 14, D, 3, which covers a lesser punishment of removing an elected officer requires a three-fourths (3/4) majority vote, and An extreme disciplinary punishment should require a super majority vote from the NEC, therefore be it resolved That Article XV, Section 13, I, should be replaced with the following: SECTION 13: DISCIPLINE, TRANSFER, and EXPULSION of MEMBERS I. All recommendations for expulsion will be reviewed by the National Commander unless he/she is the originator of the charges. Then it will pass to the Senior Vice-Commander, who will not consult with the National Commander before making the decision. 1. If the Commander affirms the decision for expulsion, the National Adjutant will be notified 2. The National Adjutant will seek the approval of the NEC by sending the final decision by digital voting within fifteen (15) calendar days of the date of the Commander s approval of the expulsion. 3. If the NEC meeting before the national convention is thirty (30) calendar days or less in the future, the approval of the NEC will be docketed for this scheduled meeting. 4. A super majority of three-fourths (3/4) of all members eligible to vote is required for the expulsion of a member. Submitted by: Department of Georgia 13

14 RESOLUTION: 2017 ~ 12 ARTICLE XI, SECTION 5 ARTICLE XI - DUTIES OF NATIONAL OFFICERS SECTION 5 NATIONAL ADJUTANT The MOPH is a highly regarded Veterans Service Organization, Chartered by Congress, with a national and international reputation and reach, and The Annual Budget for the MOPH often exceeds $ 8,000,000, and Many Veteran Service Organization of similar size and composition have evolved into more complex business models in order to meet the goals and aspirations of their Membership, increase their public awareness, expand their voice as applicable to internal and external Veteran focused programs throughout the Veteran community, and The stated responsibilities of the National Adjutant as the Executive Secretary of the Order no longer conveys to the Membership nor to the outside Business Interests, Federal and State Government Agencies and other similar VSO s the full range of charges, duties, financial acumen and public presence required in the position and now in evidence, and The vast majority of outside Business, Government and Veteran Agencies, to include the U.S. Department of Veterans Affairs, are no longer familiar nor comfortable with the term Adjutant or National Adjutant, That ARTICLE XI, Section 5 be revised to read Executive Director, MOPH and that the title National Adjutant be corrected throughout the Bylaws, and in all instances, to read Executive Director. Submitted by: Department of Nevada 14

15 RESOLUTION: 2017: 13 ARTICLE III ~ Chapters Section 4 B Change to ARTICLE III ~ Chapters Section 4 B ARTICLE III ~ Chapters Section 4 B says Elections must be held in face to face meeting, and Some northern states have members who live some distance from the chapter meeting locations, and There are times when severe weather conditions force the cancellation of chapter meeting, therefore, be it, That ARTICLE III ~ Chapters Section 4 B changed to add: Elections must be held in face to face meeting. Elections maybe held by digital means in instances when normal meetings cannot be held because of inclement climatic conditions or inability of a quorum to make a face to face meeting. Submitted by: Department of Florida 15

16 RESOLUTION: 2017 ~ 14 Change to Article II, Section 2 36 United States Code Section and MOPH Bylaws Article II Section 2 requires that members of MOPH must be of good moral character, and Membership application forms do not presently require applicants to disclose past conviction of a disqualifying crime (theft or other crime of moral turpitude) as stated in MOPH Bylaws Article XV Section 13.A.5, and MOPH Bylaws Article II Section 5 does not describe a process for how an active member in good standing is to assess a MOPH applicant s character to ensure they meet the good moral character requirement, and Cases where existing MOPH members are found to have criminal backgrounds that would have disqualified them from MOPH membership are particularly disruptive and lengthy to resolve unless the member voluntarily resigns from the Order, and Cases where MOPH members convicted of moral turpitude crimes (such as sexual assault on a child) pose tremendous risk to MOPH should a crime occur while the member is representing MOPH (such as at a school function), and MOPH National Headquarters fiscal constraints and the lengthy, costly process of performing background checks on all MOPH applicants is unpractical and inefficient, and Requiring applicants to self-identify conviction of theft or crime of moral turpitude would allow MOPH National Headquarters to ensure applicants meet the criteria of good moral character, and Applicants who fail to disclose disqualifying criminal history can be expelled immediately from MOPH based on a fraudulent application, therefore, be it, That the MOPH Membership Application form be revised to require applicants to disclose criminal convictions (date and crime) and that Article II Section 1 be changed to read: C. Where an application for active membership is made to the National Adjutant, and the applicant has disclosed a criminal conviction that disqualifies the applicant from membership under the good moral character requirement, the applicant will be rejected as described in Section 7 of this Article. Submitted by: Departmen t of Colorado 16

17 RESOLUTION NO: COMMITTEE: Constitution & Bylaws Committee s Article XII: National Committees, Section 5: Investment Committee Whereas as specific certifications are required for MOPH National Officers such as the Judge Advocate (active licensed attorney), Chaplain (ordained minister), and Surgeon (licensed medical doctor), should not then the Chairman/Chairwoman of the Investment Committee also have specific certifications to hold the position? Examples of certifications are: Registered Investment Advisor (RIA); Certified Financial Planner (CFP); Chartered Financial Analyst (ChFA); Certified Insurance Counselor (CIC); Chartered Financial Counselor (ChFC); or Personal Financial Specialist (PFS). Whereas having a licensed/certified individual as a chairman/chairwoman ensures a fiduciary standard of care as required by the US Investment Advisers Act of This standard serves in the Order s best interests with the intent to eliminate, or at least to expose, all potential conflicts of interest which might incline an investment adviser/committee chairperson consciously or unconsciously to render advice which was not in the best interest of the Order. Whereas to assist the Order in compliance with fiduciary standards by investment advisers and their personnel, on August 31, 2004, the Security Exchange Commission (SEC) adopted Rule 204A-1 under the Investment Advisers Act of 1940 requiring investment advisers to adopt a code of ethics setting forth "standards of conduct expected of investment advisory personnel and to address conflicts that arise from personal trading by investment advisory personnel. Among other things, the rule requires investment advisers' supervised persons to report their personal securities transactions Resolved that is it recommended that at least one of the specific certifications referenced above be required for the Investment Committee Chair and, to the extent possible, members of the Investment Committee. Submitted by: Department of Arkansas Signed: Charles W. Adkins, Jr Date: 19 April 2017 Department Commander 17