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The following Proposed Amendments to the Virginia Division Constitution
were received by the Chairman of the Resolutions Committee by the
deadline of March 11, 2009. They are attached as a PDF and the text has
been pasted below for those who have difficulty opening PDF files. <br>
<br>
The Proposed Amendments will also be posted on the Virginia Division
Web site and mailed out to each camp/adjutant by USPS mail by March
26th in order to be considered at the Virginia Division Convention this
year. They will also be e-mailed to every camp commander and adjutant
who has a valid e-mail address on the Virginia Division Web site to
ensure that it reaches as many people as possible since USPS mailing
addresses are often not up to date and may not reach the intended
recipients in a timely fashion. <br>
<br>
<br>
<br>
John Sawyer, Commander<br>
Virginia Division SCV<br>
<br>
_______________________________________________<br>
<br>
<font color="#ff0000">PROPOSED AMENDMENT No. 1</font><br>
Sponsor: Brandon Dorsey, The Stonewall Brigade #1296<br>
<br>
PURPOSE: The Office of Division Treasurer was created in whom all funds
of the Virginia Division are to be vested. It now appears that under
Article XIII (Finance) that Section 3 requires the funds of the
Division to be held by the Adjutant which contradicts the language
creating the office of Treasurer which should have been amended as well.<br>
<br>
ARTICLE XIII - FINANCE<br>
OLD Section 3. The annual per capita assessment shall be collected by
the Division Adjutant, in whose custody it shall remain, and who shall
assure that the monies collected are paid into the Division treasury no
later than the time of the Convention.<br>
<br>
STRIKE: the office of Division Adjutant and replace it with Division
Treasurer.<br>
<br>
ADD: The Division Adjutant may take receipt of funds sent to him for
late renewals, new members, and other funds which he shall turn over to
the Division Treasurer in a timely manner.<br>
<br>
REVISED Section 3. The annual per capita assessment shall be collected
by the Division Treasurer, in whose custody it shall remain, and who
shall assure that the monies collected are paid into the Division
treasury no later than the time of the Convention. The Division
Adjutant may take receipt of funds sent to him for late renewals, new
members, and other funds which he shall turn over to the Division
Treasurer in a timely manner.<br>
<br>
<br>
<br>
<font color="#ff0000">PROPOSED AMENDMENT No. 2</font><br>
Sponsor: The Nelson Grays #2123<br>
<br>
PURPOSE: To perfect the membership renewal billing process for the
Virginia Division Sons of Confederate Veterans.<br>
<br>
ARTICLE IV - MEMBERSHIP<br>
ADD THE FOLLOWING SECTION:<br>
<br>
The Virginia Division of the Sons of Confederate Veterans may not
institute any membership renewal billing system, policy or procedure
that operates in any manner so as to prevent, impede, obstruct or deny
membership in the International Sons of Confederate Veterans.
Specifically, no officer, appointee, agent or Virginia Division staff
may withhold funds from the International Sons of Confederate Veterans
tendered to the Division for the purpose of membership dues. This
applies to any member who has established his qualifications for
membership in the Sons of Confederate Veterans and has not been
previously removed, or is under the penalty of suspension from the Sons
of Confederate Veterans. The penalty for willfully witholding such
funds is removal from office either elected or appointed.<br>
<br>
<br>
<br>
<font color="#ff0000">PROPOSED AMENDMENT No. 3</font><br>
Sponsor: George Rogers, Captain Jack Adams #1951<br>
<br>
PURPOSE: To establish the standard method on how we send amendments to
each Camp. This will prevent an occurrence that happened at the 2007
Convention when the mailing date was challenged, and because every Camp
does not have a mail address, or a Web site, or every officer does not
have e-mail, and it brings our Constitution in line with General
Headquarters Constitution.<br>
<br>
ARTICLE XVIII - AMENDMENTS<br>
<br>
INSERT after the last sentence of Section 1:<br>
Amendments are to be sent United States (USPS) mail to either the
Commander or the Adjutant at the Postal Address of that individual(s)
on record with General Headquarters.<br>
<br>
Revised Section 1. This Constitution may be amended at any Division
Convention by a two-thirds vote, provided that the amendment has been
submitted to the Chairman of the<br>
Resolutions committee at least forty-five (45) days prior to the
Convention and sent to<br>
each camp in good standing at least thirty (30) days prior to the
Convention. Amendments are to be sent United States (USPS) mail to
either the Commander or the Adjutant at the Postal Address of that
individual(s) on record with General Headquarters.<br>
<br>
<br>
<font color="#ff0000"><br>
PROPOSED AMENDMENT No. 4</font><br>
Sponsor: B. Frank Earnest of the Norfolk County Grays #1549<br>
<br>
PURPOSE: The current disciplinary rules within the Virginia Division
Constitution contradict or are not in alignment with the recently
adopted disciplinary articles of the national SCV Constitution. The
existing language is also contradictory and presents significant
opportunities for expensive legal challenge. The Division has been
advised in the past to clarify its disciplinary procedures. While it
is hoped that this language will be rarely needed, its procedures
should be clear and in conformity to the National SCV Constitution.<br>
<br>
STRIKE - ARTICLE XVI - REMOVAL OF OFFICERS OR MEMBERS <br>
<br>
INSERT - NEW ARTICLE XVI - DISCIPLINE and ADMINISTRATION<br>
<br>
Section 1. Members and/or elected officers of the Virginia Division and
its Camps may be censured or suspended or removed from office or
expelled from membership within the Virginia Division and its Camps
upon a proper showing of cause. Charges shall be based upon
disloyalty, neglect of duty, dishonesty, conduct unbecoming a member of
the Sons of Confederate Veterans, or the commission of an act repugnant
to the Constitution and Standing Orders of The Sons of Confederate
Veterans or of the Virginia Division. Charges may be proffered by
their Camp or by action of the Division Executive Council or the
Division Convention. Officers which are appointed or not elected may
be removed from office by their appointing officer or body with or
without cause.<br>
<br>
Section 2. Each camp shall be the judge of its own members and
officers subject to review and appeal to the Division Executive Council
and subject to the provisions of the Constitution and Standing Orders
of the Sons of Confederate Veterans and the Virginia Division. A
two-thirds majority vote of the membership of a Camp present at a
disciplinary hearing shall be necessary to effect removal or censure
unless the camp has adopted a disciplinary procedure and has
incorporated it within its bylaws. Such action shall require a minimum
of thirty (30) days notice to the accused and the membership of the
respective Camp of the proposed disciplinary procedure. A report of
the disciplinary proceedings of any camp must be submitted to the
Division Adjutant and to the National Headquarters of the Sons of
Confederate Veterans as soon as practicable. A member removed from
membership in his respective camp should be transferred to the Virginia
Division Headquarters Camp #530 (Alexander L. Hensley Camp).<br>
<br>
Section 3. Disciplinary Procedure by the Division Executive Council<br>
<br>
Section 3.1 Charges proffered against a member and/or an elected
officer within the Virginia Division to the Division Executive Council
shall be handled as follows: The Division Executive Council shall
review the specific charges and shall determine if the charges are of
sufficient merit in its judgment to proceed with disciplinary action
which shall require a majority vote. If the charges are deemed to be
of sufficient merit, the Division Inspector shall investigate the
charges and prepare a report of his findings to be presented to the
Division Executive Council at a disciplinary hearing which shall be
held within ninety (90) days of the decision of the Division Executive
Council to continue with disciplinary action unless both parties agree
to a later date or a catastrophic event occurs. The accused officer or
member shall be notified of the charges against him within fifteen (15)
days of the decision to proceed with disciplinary action and shall be
notified of the date and location of the disciplinary hearing at least
thirty (30) days prior to its convening. The accused member or officer
shall be invited to respond to the charges to the Division Inspector.
All notices to the accused member or officer shall be presented in
person by an officer of the Virginia Division or shall be sent via U.S.
Mail with delivery confirmation.<br>
<br>
Section 3.2 If a disciplinary action is under consideration against an
officer or member within the Virginia Division, said officer shall
stand suspended from his office and/or membership upon a vote of the
Division Executive Council that the charges proffered against said
member are of sufficient merit to proceed to a disciplinary hearing.
Said member shall be deemed a member not in good standing until the
final resolution of the disciplinary hearing is determined.<br>
<br>
Section 3.3 The disciplinary hearing shall be convened in a closed
session of the Division Executive Council. The charges against the
accused member and/or officer shall be read, then the report of the
Division Inspector shall be presented. The accused shall then be given
the opportunity to present a defense for himself against the charges.
Witnesses shall only be called that can provide specific material to
the charges and shall only be allowed into the hearing during their
testimony. The Division Executive Council shall then consider the
evidence presented and shall vote on the specific charges and determine
the punishment for any charges deemed true in its own judgment. A
two-thirds majority vote of all voting members of the Division
Executive Council is required to remove an elected officer from office
or to expel a member. A majority vote is required to issue a censure.
A secret ballot may be used to conduct such voting. <br>
<br>
Section 3.4 A transcript of all removal proceedings shall be recorded
by the Division Archivist or the Division Adjutant in the absence of
the Archivist. Transcripts of removal proceedings shall, in normal
circumstances, be sealed for a period of not less than 25 years. The
membership shall be entitled to a report of any charges which are found
to be true against an officer or member and the action taken as a
result.<br>
<br>
Section 3.5. Any actions resulting in the removal of membership from
the Virginia Division shall be reported to National Headquarters of the
Sons of Confederate Veterans and said member shall be deemed
immediately transferred to the SCV Headquarters Camp #584.<br>
<br>
Section 4. Any officer or member of the Virginia Division or its Camps
may resign his office or membership upon the proffering of charges
against him for disciplinary action. If an officer resigns his office,
then he accepts and acknowledges that he cannot be considered for
future office within the body in which the charges were proffered being
either his Camp or the Virginia Division. If a member resigns his
membership prior to a disciplinary hearing by the Division Executive
Council or his Camp, he accepts and acknowledges that he cannot be
considered for future membership within the body in which the charges
were proffered being either his Camp or the Virginia Division.<br>
<br>
Section 5. If a Camp or the Virginia Division wishes to have a member
expelled from the Confederation, being expulsion from The Sons of
Confederate Veterans in general, they shall proffer charges to the
Disciplinary Committee according to the terms of the Constitution of
The Sons of Confederate Veterans, within 30 days of the dispensation of
the Camp’s or Division’s action. Such action does not constitute an
appeal of the Camp’s or Division’s action.<br>
<br>
Section 6. Any member removed from membership within the Virginia
Division or any elected Division officer removed from office by the
Division Executive Council may appeal this action to the Division
Convention unless said member has also been removed from membership or
office by The Sons of Confederate Veterans, being the general
organization. A two-thirds majority shall be necessary to overturn the
decision of the Division Executive Council.<br>
<br>
Section 7. Any decision by the Virginia Division Convention to censure
or expel a member shall be final; a two-thirds majority shall be
necessary to decide.<br>
<br>
Section 8. The Virginia Division Commander may be disciplined by the
Division Executive Council or the Virginia Division Convention; a
two-thirds majority shall be necessary to decide.<br>
<br>
Section 9. Camp Suspensions<br>
<br>
Section 9.1 The suspension of a Camp within the Virginia Division
shall not affect the membership in the Sons of Confederate Veterans or
the Virginia Division of Compatriots of such Camp, nor impair their
tenure of office or eligibility as officers therein during such
suspension.<br>
<br>
Section 9.2 The Division Executive Council may suspend any camp within
the Virginia Division which fails to meet the obligations imposed upon
it by this Constitution or the Constitution and Standing Orders of The
Sons of Confederate Veterans, or commits an act repugnant to said
constitutions and orders, or commits an act detrimental to the objects
and purposes of the Virginia Division and Confederation. <br>
<br>
Section 9.3 Reinstatement for camp suspension shall take effect
immediately upon receipt by the Division Commander or Division
Executive Council of proper evidence that the issue of cause of
suspension has been removed, corrected, or resolved.<br>
<br>
Section 9.4 Any Camp within the Virginia Division whose charter has
been suspended or revoked by The Sons of Confederate Veterans or which
has been suspended by the Division Executive Council shall not be
entitled to any rights and privileges of the Virginia Division. The
Division Commander is charged with the duty of working with the Camp or
the officers thereof to remove the factors that necessitated the
suspension.<br>
<br>
Section 9.5 The Division Executive Council, after suspending a camp
from the Virginia Division, may recommend to the General Executive
Council and Commander-in-Chief that the camp be suspended from The Sons
of Confederate Veterans or have its charter revoked if the cause of
such action appears in its judgment to be beyond resolve by other means.<br>
<br>
Section 10. During the interim between Division Executive Council
meetings, the Division Commander shall have the power to suspend any
Camp or to suspend any officer from his office for conduct detrimental
to the Virginia Division or Confederation upon proper proof; said
action must be reported to the next regular meeting of the Division
Executive Council which shall review the matter and determine if a
disciplinary action should follow or if the suspension shall be
rescinded.<br>
<br>
<br>
<br>
<font color="#ff0000">PROPOSED AMENDMENT No. 5</font><br>
Sponsor: Brandon Dorsey, The Stonewall Brigade #1296<br>
<br>
PURPOSE: The Virginia Division has a high quorum standard which is
advisable. Delegates travel long distances to conduct the business of
the Convention. At times, some delegates choose to leave the
Convention and to conduct other activities or tourism, etc. It is
detrimental to work of the convention when they choose to do so if a
quorum is lost and it wastes the time of the delegates which remain.
If enough camps in good standing are in attendance to open the
convention, then it should remain open until the delegates vote to
adjourn. This language also mirrors that of the national constitution.<br>
<br>
ARTICLE V - DIVISION CONVENTION<br>
<br>
ADD to Section 4: Once attained, a quorum cannot be lost. <br>
<br>
REVISED Section 4. A quorum shall exist at Division Convention when
one-half of the total number of camps within the Virginia Division are
represented at the Convention. Once attained, a quorum cannot be lost.
<br>
<br>
<br>
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