BY-LAWS BENSON VFW POST NO. 2503
VETERANS OF FOREIGN WARS OF THE UNITED STATES
NAME AND LOCATION
Sec. 1. By virtue of charter granted, this Post shall be known as Benson Post 2503 Veterans of Foreign Wars of the United States.
Sec. 2. The location of this Post shall be in the City of Omaha, County of Douglas, State of Nebraska.
Sec. 1. The supreme power of this association is vested in the National Convention and this Post shall be at all times governed by the Congressional Charter, By- Laws, Manual of Procedure and Ritual of the Veterans of Foreign Wars of the United States, the By-Laws of the Department of Nebraska, orders issued by authority of the National Convention, National Council of Administration, the Commander-in-Chief, the Department Convention, Department Council of Administration and the Commander of the Department of Nebraska. For the purposes of this Article and Section, resolutions adopted by the National Convention are held to be lawful orders.
Sec. 1. Place: The regular meeting place of this Post shall be at 8904 Military Road, Omaha, Nebraska. The Post may change its meeting in accordance with provisions of the National By-Laws.
Sec. 2. Time: The stated meetings of the Post shall be held on the Third (3rd) Thursday of each month, to be called to order at 7:00 p.m. If the Third (3rd) Thursday of any given month falls on a National Holiday then the meeting for that month shall be held on the Fourth (4th) Thursday of that month. The appointed day and time of regular meetings may be changed by a two-thirds vote of the members present at any regular meeting. The Post members and the Department Commander shall be notified of any change of the appointed day and/ or time of the regular meeting.
Sec. 3. Special meetings may be called in accordance with the provisions of the National By-laws.
Sec. 4. Quorum: Twelve (12) members in good standing shall constitute a quorum for the transaction of business in accordance with the National By-Laws Section 203.
Sec. 1. Membership in this Post, eligibility to, Application for, acquiring and maintenance of, loss of and discipline shall be in accordance with the provisions of the National By-Laws.
Sec 2. The admission fee of this Post shall be $2.00, payable in accordance with the National By-Laws.
Sec. 3. The dues of this Post shall never be less than the amount required to cover Department and national dues.
Sec. 1. Eligibility to, nomination, election or appointment, installation and term of office shall be in accordance with the provisions of the National By-Laws.
Sec. 2. The duties of all officers shall be those prescribed by National and Department By-Laws, lawful orders as the post may direct and.as these By-Laws in this Article may hereafter provide.
COMMITTEES AND DUTIES
Sec. 1. All committees and their chairmen, unless otherwise provided, shall, as promptly as possible after installation in office, be appointed by the Commander and as such shall serve at his will and pleasure. The post Quartermaster, by virtue of his office, shall be treasurer of all committees handling funds.
Sec 2. The Standing Committees of the Post shall be as follows:
(a) Membership (d) House/Building Committee
(b) Donations (e) Patriots Pen/Voice of Democracy
Except as set forth in Sec. 3 of this Article, the Standing Committees may not obligate any funds without prior approval by a majority vote of the Post membership at a regularly scheduled meeting.
Sec. 3. House/Building Committee:
(a) The House/Building Committee shall be elected by the Post members to manage certain matters related to the operation of the Post Club Rooms, Canteen and matters related to the Post property. It shall consist of Seven (7) members, five of which shall be elected to three-year terms with their terms staggered over a three year period. Trustees shall not serve on the House/Building Committee. In addition, the Post Commander and Post Quartermaster by virtue of their offices shall be members of the House/Building Committee and counted as part of the seven (7) members. Vacancies that may arise either from resignation, incapacitation, death or the failure of any duly elected members may be filled by the Post Commander at his discretion. The term of office for any person appointed by the Commander will expire at the end of the appointing Commander’s term in office regardless of any remaining years that may exist for the vacancy he or she was appointed to. If the remaining term of office for which the appointment was made would have extended past the appointing Commander’s term, the remaining portion of the term will be filled by a candidate nominated and elected at the next regularly scheduled Post elections in accordance with the provisions of the National By-Laws. The Chairman of the Committee will be designated by the Commander who may designate himself if he or she so chooses.
(b) The Committee shall have oversight responsibility for the cleanliness, maintenance and upkeep of the quarters, grounds and the equipment therein. The committee shall have oversight responsibility over construction or remodeling of Post facilities, reviewing quotes on work and materials needed and present recommendations to the membership.
(c) The Committee shall have oversight responsibility of the sub-rental of the Post’s quarters and shall exercise such supervision over sub-renters as will ensure the protection of the Post’s name and property.
(d) The Committee may authorize such expenditures for minor emergency repairs, maintenance or equipment items and janitorial supplies as may be necessary for the preservation and protection of the Post’s quarters, grounds and its equipment, provided that the total amount so expended on any single repair, equipment purchase or supply purchase does not exceed $1,000.00 except said amount may be exceeded in emergencies where immediate action must be taken.
(e) All monies received by the Committee through the sub-rental of Post quarters or other sources shall be deposited with the Post Quartermaster.
(f) All expenditures of the Committee shall be made only by regular voucher and check drawn by the Quartermaster.
(g) The House/Building Committee shall keep a record of all its receipts and expenditures and shall report to the Post membership all monies received and all expenditures made during the preceding month so long as the regular Post meeting occurs on or after the 5th day of the month. In the event a regular Post meeting occurs before the 5th day of the month, the House/building Committee may provide its report to the Membership at the next regularly scheduled Post meeting.
(h) The House/Building Committee shall supervise and control all Bingo and Pickle procedures and receipts.
(i) All monies received by the committee through the Bingo and Pickle activities shall be deposited with the Quartermaster.
CONTROL OF SUBSIDIARY UNITS
Sec. 1. Any activity, unit or club room sponsored, conducted or operated by the Post, incorporated separately from the Post or unincorporated, shall be at all times under the direct control of the Post.
Sec. 2. All funds derived from any of the above shall be in the custody of the Post Quartermaster.
Sec. 3. All money, property and assets of any and every kind as well as all records in connection therewith, used, held and owned by any of the above activities is the property of the Post and must be placed in the care and custody of the Post Quartermaster.
Sec. 4. For the purposes of this Article, the Ladies Auxiliary to the Veterans of Foreign Wars, the Military Order of the Cootie and its Ladies Auxiliary are governed by Articles XI and XII respectively of the National By-Laws and Manual of Procedure of the Veterans of Foreign Wars and their respective By-Laws, Rules and Regulations.
Sec. 5. The Post may adopt such further rules and regulations governing the conduct of the Club or Canteen as do not conflict with the provisions of this Article. Such rules and regulations shall only become effective upon their approval by a majority vote of the members present at a regular meeting called for that purpose with at least thirty (30) days’ notice in writing having first been given to all members.
EXPENDITURE OF FUNDS
Sec. 1. Expenditure of funds not otherwise authorized by these by-laws shall be made only after prior authorization by the Post membership. All checks for the expenditure of Post funds shall be numbered in sequence and shall be signed by the Quartermaster.
Sec. 2. The adoption of this Article shall constitute authorization by the Post for payment of bills, when and as due, for public utility service, postage, and those stated purchases and repairs authorized by the House/Building Committee.
Sec. 3. The following actions require a special and /or notified meeting:
(a) To purchase or sell real estate and buildings.
(b) To cash bonds or savings certificates.
(c) Expenditures exceeding $10,000.00.
Sec. 1. No compensation shall be paid to any officer of this Post for his services as such officer, except as hereafter may be provided. The Quartermaster may be annually compensated with an amount approved by the Post membership at the regularly scheduled Post meeting following the date the Quartermaster assumes the duties of the position. Said amount shall not exceed $12,000.00 per annum paid over a twelve (12) month period of time in equal installments.
Sec. 2. The Commander of Benson Post 2503, at his request, will be reimbursed for Lodging at VFW Contracted Housing, Meals (Maximum of $25.00 per day) and Round Trip Mileage for his personal expenses, spouse not included, when attending the following:
(a) His Voting Convention, the VFW National Convention in the Calendar Year he is elected.
(b) His Voting Convention, the Nebraska VFW State Convention in the Calendar year immediately following the Calendar year of his election.
(c) The Post Commander will provide to the Post 22503 Quartermaster Receipts for Lodging and Meals. The Round Trip Mileage to be reimbursed will be determined by the use of Rand McNally mileage charts or Google maps. If the Commander uses Public Transportation, Airplane, Bus, etc. the Commander will be reimbursed the lessor of actual round trip Mileage or Cost of Tickets. Actual round trip mileage will be paid at the lowest rate established by the VFW Department of Nebraska for the reimbursement of Department of Administration Members/District Commanders’ mileage. The Post 2503 Quartermaster will determine this rate at the time of reimbursement.
(d) Total expenditures for item (a) and (b) above will not exceed $1,500.00.
(e) All receipts and requests for reimbursement must be submitted to the Post 2503 Quartermaster no later than 30 days after the above listed conventions.
(f) All other expenses incurred by the Benson Post 2503 Commander for attending VFW, VFW Department, VFW District, VFW National meetings and any other meeting will be at the Commanders own expense.
Sec. 1. This Post shall solicit funds or donations only by prior vote of the members agreeing to the proposition. It shall not solicit funds or donations or otherwise engage in fund-raising activities or projects outside the immediate geographical area or community of the Post.
Sec. 2. This Post shall not enter into any agreement with a promoter for the purpose of raising funds unless the said promoter shall have first furnished a good and sufficient surety bond in a principal sum sufficient to give the Post ample protection in the particular circumstances. The said bond shall be subject to the approval of the Post Advocate, bear the endorsement of the Post Commander and be kept in the possession of the Post Quartermaster. The bond will be conditioned on the payment to the Post Quartermaster of all monies due the Post as a result of the solicitation. Payment must be made within thirty days of the close of the campaign. If the promoter has made satisfactory settlement within the thirty-day period, then surety will be determined to be discharged, otherwise the bond will remain in full force and effect.
Sec. 3. If the bond cannot be furnished, then all collections shall be made by the members of the Post sponsoring the campaign or entertainment and said funds shall be paid to a bonded officer of the Post who shall hold the funds in his custody pending proper pro rata distribution.
Sec. 4. Fund-raising organizations or individuals conducting solicitations, activities or projects for a profit shall not be engaged or used by the Post for such purpose unless such engagement is made by written agreement between the Post and the organization or individuals providing those services. The form of any such written agreement must be submitted to the Nebraska Department Commander for review at least thirty (30) days prior to any Post entering into any such agreement.
Sec. 1. Unless previously authorized by a majority vote of the House/Building Committee, no solicitations, raffles or ticket sales shall be permitted in the Post quarters or on social meeting nights.
Sec. 1. Every member of this Post shall keep the Post Adjutant and Quartermaster advised of his current address by promptly reporting any change of same.
Sec. 2. One copy of these By-Laws shall be issued to each elected officer of this Post.
Sec. 3. The Post shall not permit any partisan or political meeting or speeches to be held in the Post or Clubhouse Fifteen (15) minutes prior to the convening of or during a session, or recess of any Post meeting except that the Post Commander my allow candidates to public office address the body of the membership concerning matters that are of concern to the Veterans of Foreign Wars and its members such as veteran benefits, veteran employment and veteran healthcare. Campaigning and speeches will be permitted in the Post at other times by members or properly registered guests. (Section 702 VFW National By-Laws)
Sec. 4. Any Post procedural matter not provided for by these Rules, the National Congressional Charter, By-Laws, Ritual or Manual of Procedure, shall be governed by Demeter's Manual of Parliamentary Law and Procedure. It shall be the duty of the Judge Advocate, in an advisory manner, when called upon to do so by the Post Commander, to advise the Post Commander on the proper rule or rules.
Sec. 1. No member will be permitted to speak on any one subject (Pro) or (Con) more than twice; and the first time no longer than five (5) minutes, and the second time no longer than three (3) minutes, with the exception of a committee report and recommendations and visiting guests who have a message to impart. The Post Commander, in his discretion, may waive these limitations for the good of the order.
Sec. 1. These By-Laws shall become effective on the first day of the following month after their adoption by this Post and when and if reviewed by the Commander-in-Chief of the Veterans of Foreign Wars of the United States.
Sec. 2. Unless otherwise provided for in Post By-Laws, these By-Laws may be amended by the Post by a two-thirds vote of the members present at a stated meeting thereof; provided, that such amendments have been read at the preceding stated meeting and each member, having a current physical and/or electronic mailing address on file with the Post, notified at least seven (7) days in advance by mail, either postal and/or electronic, of the contents of the amendments and the date on which the proposed amendments are to be presented for adoption. All amendments shall be forwarded through channels and reviewed by the Commander-in-Chief before becoming effective.
These By-Laws were adopted, subject to the review of the Commander-in-Chief and the Commander of the Department of Nebraska, Veterans of Foreign Wars of the United States on this 25th day of January, 2017, at a regular meeting of this Post in the City of OMAHA and County of DOUGLAS, State of NEBRASKA.
Veterans of Foreign Wars of the United States
Benson Post No. 2503
Wayne “Tony” Cox