Department of North Carolina: By-Laws

Department of North Carolina

Sons of Union Veterans of the Civil War

BY-LAWS

Issue 6, 1 May 2021

PREAMBLE

We, the descendants of Soldiers, Sailors, or Marines who served in the Army or Navy of the United States during the War of the Rebellion of 1861 to 1865, have formed this patriotic and fraternal Department, for the purpose set forth in these by-laws; and in so doing pledge ourselves to commemorate our father’s deeds; to render loyal service to our country, and to promote the maintenance of unqualified American citizenship with respect for and honor to the flag. These By-Laws are adopted to supplement Chapter II of the Regulations of the National Organization of the Sons of Union Veterans of the Civil War.

ARTICLE I

NAME

Section 1. The name of this Department shall be the Department of North Carolina. The Department of North Carolina Charter will be in the care of the current Department Commander.

ARTICLE II

ENCAMPMENTS

Section 1. This Department will meet annually on the 1st Saturday in May at a location selected during the preceding Department Encampment, or at another date and/or location designated by the Department Commander. The hour of opening the Encampment business session shall be fixed by the Department Commander.

Section 2. The membership of the Department Encampment shall be constituted as follows: all Past Commanders-in-Chief, Past Department Commanders and Past Camp Commanders, in good standing, who have served a full term or having been elected to fill a vacancy have served to the end of that term, the sitting Department Commander and the sitting Camp Commanders; One delegate from each Camp, whatever its membership and one additional delegate for every ten Brothers, or major fraction thereof, based upon the report for the annual report next preceding the Encampment. Any brother serving as Camp Secretary or Camp Treasurer continuously in office for a period of ten years may have conferred upon him the rank of Past Camp Commander with its voting privileges at Department Encampments. Appropriate credentials for all Past Commanders-in-Chief, Past Department Commanders and Department elective and appointive officers shall be issued by the office of the Department Secretary. Appropriate credentials for all Camp Commanders, Past Camp Commanders, delegates and alternates shall be issued by their respective Camp Secretaries.

Section 3. The Department Commander, Senior Vice Department Commander, Junior Vice Department Commander, Department Council, Department Secretary, Department Treasurer (or Department Secretary- Treasurer), Delegates and Alternates to the National Encampment shall be elected at the annual Encampment by written ballot of the members present eligible to vote as stated in National Regulations, Article II Section 1, and a majority of all the votes cast shall be necessary for a choice, except in the case of Department Council, delegates and alternates, wherein a plurality vote shall elect. If there be but one nominee for an office, the Department may elect by viva voice vote.

a) Provided, that no Brother shall be eligible for election to the office of Department Commander unless he has served as a Camp Commander.

b) No Brother shall be eligible to election to the office of Department Commander who is not present and entitled to vote at the Department Encampment.

The Department Treasurer or Department Secretary-Treasurer where the Department has joined the two offices and any Assistant Department Treasurer or Assistant Department Secretary-Treasurer may not serve concurrently on the Department Council.

Section 4. Special meetings of a Department Encampment may be called by the Department Commander, by and with the consent of the Department Council; but no business shall be transacted at any special meeting other than that for which it was specifically called, which call shall state the purpose and object of said meetings.

Section 5. All members will be notified at least one month in advance of an Encampment or Special meetings of a Department Encampment. The Department Secretary will provide maps and directions to the appointed place, if the encampment is not held at the primary encampment location.

Section 6. A majority of the membership reported present and entitled to vote shall constitute a quorum.

Section 7. The minutes of each Department of North Carolina Encampment shall be completed by the Department Secretary and forwarded to the Department Commander for approval within 30 days after the Encampment. The Department Secretary shall distribute the approved Encampment minutes to all Department of North Carolina Camps within 15 days after final approval by the Department Commander.

Section 8. All officers and members of the Department of North Carolina shall turn over to their successors within 15 days all the property of the Department of North Carolina in their possession, taking receipts therefore. Any cost involved in the transfer of Department of North Carolina property shall be the responsibility of the transferor.

ARTICLE III

DUES AND FEES

Section 1. Department Per-Capita Tax of $4.00 per Department Member will be submitted along with the National Per-Capita Tax to the Department Secretary with the Camp Annual Reports by April 30th of the year the taxes are due.

Section 2. Life Members, Junior Members, Junior Associates, Real Sons, and Brothers serving in the Armed Forces in an active combat zone as defined by the United States Department of Defense will be exempt from paying Department per-capita Tax.

Section 3. Discipline of a department officer or special committee who neglect their duties may be done at the discretion of the Department Commander or the Department Council who will file formal charges and appoint a trial commissioner for proceedings consistent with the Articles on Discipline contained in the National Regulations.

Section 4. Department dues can be changed by vote during any regular scheduled encampment of the Department or by order of levy by the Department Commander.

ARTICLE IV

SALARIES AND COMPENSATION

Section 1. The officers of the Department shall serve without pay.

Section 2. An officer may be recompensed for any expenses he incurs in behalf of the Department provided he received prior approval from the Department Commander (or his designee, i.e., the Department Treasurer), and that said expenditure benefits the Department. Those expenses shall be reported in the Department Treasurer’s regular report.

Section 3. Funds for this recompense shall come from the general funds of the Department, or from any special fund that may have been set up for the purpose for which the expenditure was made.

ARTICLE V

SPECIAL FUNDS

Section 1. A special fund may be established for a project or a purpose pertaining to benevolence and charity. These special funds can be established at the discretion of the Department Commander.

Section 2. Special funds will be maintained by the Department Treasurer who will keep a strict accounting of them. He will disburse them when instructed to do so by the Department Commander or the Department Council after approval by the Department in a annual session.

Section 3. The special funds may be deposited in the Department’s general fund, but used only for their designated purpose.

ARTICLE VI

COMMITTEES

Section 1. Committees for the operation of the Department shall be in accord with the National Constitution and Regulations. These documents should be consulted for their direction.

Section 2. Special committees may be appointed by the Department Commander as need arises with no less than three members on them, and with at least two Camps represented.

ARTICLE VII

BONDS

Section 1. The Department Treasurer shall be bonded. The Department Secretary and the Department Council Shall also be bonded, whenever they are in charge of holding funds of the Department, in amounts to be fixed by the Department Council in some acceptable Surety Company, provided that Camp and Department officers may furnish acceptable personal surety.

Section 2. Bonded Officers shall be held liable for funds remaining in their possession until payment of the same to their successors who have been properly installed, qualified and have given bond, and have made receipt for all money and property given them.

Section 3. The bonds of the Camp Treasurer and Camp Council shall be approved by the Camp Commander; the bonds of the Department Secretary and Treasurer (Department Secretary-Treasurer) shall be approved and held by the Department Commander; the bonds of the Department Council members shall be held by the Department Commander.

ARTICLE VIII

SUSPENSION OF BY-LAWS

Section 1. The Department will abide by these by-laws. Any motion for their suspension must not be in violation of all regulations stipulated in the Constitution of the National Order of the Sons of Union Veterans of the Civil War.

Section 2. A motion to suspend the by-laws will be made by a quorum vote of two-thirds of those who are present and entitled to vote in a regular or called encampment of business. Notice must then be given to all Department members of this procedure.

ARTICLE IX

ALTERATIONS AND AMENDMENTS

Section 1. All proposed amendments to alter these by-laws shall be submitted in writing to the Department Commander not later than thirty days preceding a regular annual encampment.

Section 2. The Department Commander shall publish the proposed amendment in Department Orders preceding such encampment.

Section 3. The proposed amendment shall be adopted by a two-thirds vote of those who are present and entitled to vote at a stated encampment.

Section 4 Proposed amendments shall be submitted to the Commander-in-Chief for approval.

Robert’s Rules of Order shall govern our encampments.

ARTICLE X

DEPARTMENT APPOINTED OFFICERS

Section 1. The Department Commander may appoint additional Department Officers in accordance with the National Regulation, Chapter II, Article IV, Sections 1 and 3.

Section 2. The Department Commander shall appoint a Department Assistant Secretary-Treasurer. The purpose of a Department Assistant Secretary-Treasurer is to provide back-up to all administrative and financial functions of the Department. The Department Assistant Secretary-Treasurer shall have access to all Department records, and in the absence of the Department Secretary (or Secretary-Treasurer) perform the duties of that office. The Department Assistant Secretary-Treasurer shall have access to all Department financial records and bank accounts, and in the absence of the Department Treasurer (or Secretary-Treasurer) perform the duties of that office.

ARTICLE XI

ASSOCIATE, JUNIOR, AND JUNIOR ASSOCIATE MEMBERSHIP

Section 1. The qualifications for membership in the Department of North Carolina, including Juniors, Associates and Junior Associates, shall be those stated in the National Constitution and Regulations, with no additional Department restrictions on membership or Associate status. Juniors and Junior Associates shall not be counted in determining the number of delegates a Camp may have to a Department Encampment.

ARTICLE XII

ORGANIZATION

Section 1. The Department shall be constituted and remain constituted as provided by the Constitution and Regulations (C&R) governing the National Organization, Sons of Union Veterans of the Civil War, and shall be known as the DEPARTMENT OF NORTH CAROLINA, SONS OF UNION VETERANS OF THE CIVIL WAR. The Department is organized as an unincorporated association under the laws of the State of North Carolina. 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.

ARTICLE XIII

ACTIVITIES NOT IN FURTHERANCE OF EXEMPT PURPOSES

Section 1. No part of the net earnings, if any, 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. 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.

ARTICLE XIV

SEPARATION, DISSOLUTION AND DISPOTITION 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 via the Department Commander of the affected Department acting as his duly authorized representative to collect and hold all such property in trust for 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 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 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 State archives of North Carolina.

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.

ARTICLE XV

MINORS

Section 1. The Department of North Carolina and all subordinate Camps shall remain in full compliance with General Order 22, Series 2013-2014; the National Policy Regarding Minors adopted by the Council of Administration 11 July 2014, plus any subsequent policy, General Order, and/or Regulation of the Order regarding minor’s participation in any and all activities of the Order occurring within the Department.

NOTE: All Issue 6 changes are shown in bold and italicized.

APPROVALS

Signature and Date of Approval by the Department of North Carolina Commander, as shown on the signed original document.

Robert A. Crum May 1, 2021

Signature and Date of Approval by the Commander-in-Chief, as shown on the signed original document.

Michael A. Paquette Sept 20, 2021

BY-LAWS HISTORY

ISSUE DATE OF APPROVAL REVISIONS

Issue 1 (Original) 19 April 2008

Issue 2 10 April 2010 Article III Section 1

Issue 3 09 April 2011 Article III Section 1

Issue 4                         02 May 2015                                       Article I
                                                                                                Article II
                                                                                                Article III Section 2
                                                                                                Article VI Section 2
                                                                                                Article IX Section 2
                                                                                                Article IX Section 4