Department Encampment – Proposed Changes to the By-Laws

In the past year, we have had other needs that should be reflected in our by-laws based on circumstances that arose.

Our current by-laws may be found here: http://www.suvcwdepttn.org/?page_id=145

To resolve these, I propose that we discuss each of the following changes individually at the Department Encampment.  This will allow us to accept / accept with friendly amendment / reject as is the will of the Department.  There are some changes that we don’t have much say in, as they are required by National.  As noted above, I am sending this to you (as you are the last Camp Commander of Record) pursuant to ARTICLE XIV – Amendments Section 2: Any proposed amendment, alteration or addition to these Bylaws shall be printed” or typewritten and a copy sent to the Commander of each Camp at least sixty (60) days prior to the annual Department Encampment. The Camp shall take action on same and instruct their delegates accordingly.

1. Article IAdd the following language as paragraph 2
   The department is organized as an unincorporated association under the laws of the State of Tennessee. The organization is organized exclusively for charitable, religious, educational, and scientific purposes under section 501(c)3 of the Internal Revenue Code, or corresponding section of any future tax code.

   Note: it is believed that this change was required by the National Organization

2. Add the following as Article II and renumber the remaining Articles

   ARTICLE II – Activities not in furtherance of exempt purposes

   No part of the net earnings of any part of this unincorporated association shall inure to the benefit of, or be distributable to its members, trustees, officers or other private persons, except that the unincorporated association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes described in section 501(c)3 of the federal tax code. No substantial part of the activities of the unincorporated association shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the unincorporated association shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these by-laws, the unincorporated association shall not carry on any other activities not permitted to be carried on (a) by an unincorporated association exempt from federal income tax under section 501(c)3 of the Internal Revenue Code, or the corresponding section of any future Federal tax code, or (b) by an unincorporated association, contributions to which are deductible under section 170(c)2 of the Internal Revenue Code, or the corresponding section of any future federal tax code.

   Note: it is believed that this change was required by the National Organization

3. Existing Article VI (Br. McReynold’s Article VII)

   Change Section 1 as noted in red:

   Section 1: The Department Council shall meet after their installation and elect a Chairman, and Secretary. All Past Department Commanders will be asked to serve one, two year term as a member of the Department Council, upon leaving office. The Department Council shall have charge and supervision of all investments of funds and property of the Department. They shall convene no later than the morning of the first day of the Department Encampment at nine o’clock a.m. (9:00 a.m.) for the purpose of an full audit of the Department books and accounts, and accounting for all Department property; and to review a budget, prepared by the Department Treasurer, for the upcoming year; and for the consideration of such other business as may be brought to its attention.

   Note: no context was given for this change

4. Existing Article VIII (Br. McReynold’s Article IX)

   Change Section 4 as noted in red:

   Section 4: Camps shall be exempt from Department Per Capita Tax assessment on Real Sons, Life Members, and Juniors.

5. Existing Article XVI (Br. McReynold’s Article XVII)

   Change Section 2 as noted in red:

   Section 2: Authorization for a Department certificate of appreciation award is provided. The award shall be known as the Department of Tennessee Charles Henry Engle, Jr. Award of Appreciation. The award shall be conferred by the Department Commander upon any individual or entity who, in the judgment of a three-member panel appointed by the Department Commander, has through his/her actions, words, and/or deeds significantly contributed to the furtherance of the memory of the Grand Army of the Republic within the Boundaries of the Department of Tennessee. Recommendations for possible recipients of said award shall be submitted, along with a one-page description of the contribution made, to the Department Secretary no later than two (2) months prior to the annual Department Encampment. Recipients of the award shall be publicly announced and a certificate and/or other appropriate symbol of the award presented at the annual Department of Tennessee Encampment. No more than three (3) recipients shall be selected for the award in any one year.

   Note: Renaming the award was approved at the 21st Encampment of the Department of Tennessee; 20 Feb 2016. The minutes show that the award was to be named “the Charles Henry Engle, Jr. Award of Appreciation” This reference is only to complete the action proposed at that time was not changed in the by-laws

6. Existing Article XXI (Br. McReynold’s Article XXII)

   Change entire section as follows:
   
   ARTICLE XXII – Separation, Dissolution and Disposition of Assets

   Section 1: In the case of surrender or forfeiture of the Department Charter, all Department property and assets shall be turned over to the National Commander-in-Chief of the Sons of Union Veterans of the Civil War or to his duly authorized representative and shall become the property of the National Organization, Sons of Union Veterans of the Civil War.
   Section 2: All property of the Department shall be held for the National Organization, Sons of Union Veterans of the Civil War as a charitable trust that is held and used for the purpose for which the Order exists. Any such transfer or disposal within six (6) months of disbandment or surrender of the Department Charter without the written consent of the National Commander-in-Chief of the Sons of Union Veterans of the Civil War is prohibited. The property and funds of the Department shall not be divided amongst its members.
   Section 3: In the event the National Organization, Sons of Union Veterans of the Civil War no longer exists, said property and funds shall revert to the benefit of the first and any remaining organization of the Allied Orders of the Grand Army of the Republic or in their absence, to the holdings of the State Archives of Tennessee.
   ARTICLE XXII – Separation, Dissolution and Disposition of Assets
   Section 1: In the case of surrender or forfeiture of the Department Charter, all Department property and assets shall be turned over to the National Commander-in-Chief of the Sons of Union Veterans of the Civil War or to his duly authorized representative and shall become the property of the National Organization, Sons of Union Veterans of the Civil War, an organization exempt from taxes under section 501(c)3 of the Internal Revenue Code.
   Section 2: All property of the Department shall be held for the National Organization, Sons of Union Veterans of the Civil War, as a charitable trust that is held and used for the purpose for which the Order exists. Any such transfer or disposal within six months of disbandment or surrender of the Camp Charter without the written consent of the National Commander-in-Chief of the Sons of Union Veterans of the Civil War is prohibited. The property and funds of the Department shall not be divided among its members.
   Section 3: In the event the National Organization, Sons of Union Veterans of the Civil War, no longer exists, said property and funds shall revert to the benefit of the first and any remaining organization of the Allied Orders of the Grand Army of the Republic or in their absence, to the holdings of the State Archives of Tennessee.
   Section 4: Notwithstanding the above language, upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)3 of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government for a public purpose.
   Note: it is believed that this change was required by the National Organization

7. Existing Article XXIII (Br. McReynold’s Article XXIV)
   Change entire article as follows:

   ARTICLE XXIV – Juniors and Junior Associates
   Section 1: Camps within the Department of Tennessee may allow acceptance of Juniors and Junior Associates in compliance with the C & R. Juniors and Junior Associates will also be accepted as members of the Department’s Camp-at-Large. Juniors and Junior Associates will not pay Department or Camp dues.
   ARTICLE XXIV – Juniors and Junior Associates

   Section 1: All Brothers under the age of 18 years of age should be accompanied by a parent or person designated as a Guardian (Grandfather or Grandmother, Brother or Sister over the age of 18 years, or Aunt or Uncle) when participating in ANY SUVCW activity. Any parent or guardian attending a business meeting of the department shall not be permitted to participate in the activities of such meeting.

   Section 2: At no time will a non-related Brother be permitted “one on one” contact with a Brother under the age of 18. Any interaction with a Brother under the age of 18 must always include at least two (2) Brothers over the age of 18. It is preferable that juniors and junior associates participate in “public” events and activities, whenever possible, to avoid the need for private contact between a Brother under the age of 18 and an unrelated Brother over the age of 18.

   Section 3: Any Brother who witnesses or suspects, in good faith, any type of physical, mental or sexual abuse of any member under the age of 18 will immediately report such suspicion to local authorities first and then the local Camp and Department Commanders immediately thereafter.

   Section 4: Every Brother over the age of 18 who may have contact with a Brother under the age of 18 should complete training related to protecting children from abuse of any type.  Free training is available from the Boy Scouts of America at http://www-myscouting-org. You will need to create an account, then select the Training, then choose the Youth Protection Training. It takes about 30 minutes to complete. Upon completion, you will be able to print a certificate along with a wallet-size certification card which is good for a period of two (2) years. While this training is not a requirement, it is highly suggested that it is completed to be used as a tool to protect our youth and Brothers.
   Section 5: Ultimately, all Brothers must comply with all applicable local and State laws pertaining to child abuse.

   Note: it is believed that this change was required by the National Organization
   Note further: I believe there was a friendly amendment to either change the web address to current or remove it altogether as it is not currently active.  Current site is my.scouting.org