DEPARTMENT OF NEBRASKA BY-LAWS

As amended 2007

SECTION 1: The organization shall be known as the Department of Nebraska, Veterans of Foreign Wars of the United States.

SECTION 2: The territorial composition of this Department shall extend and include the State of Nebraska.

ARTICLE II

The objects of this Department are fraternal, patriotic, historical and educational; to preserve and strengthen comradeship among its members; to assist worthy comrades; to perpetuate the memory and history of our dead, and to assist widows and orphans; to maintain true allegiance to the Government of the United States of America; and fidelity to its Constitution and laws; to foster true patriotism; to maintain and extend the institutions of American freedom; and to preserve and defend the United States from all her enemies, whomsoever.

ARTICLE III

SECTION 1: The headquarters of said Department shall be located at Lincoln, Nebraska. No change of location of said Headquarters shall be made by any Department Officers without the consent of the Department Convention.

SECTION 2: The Supreme Body of the said Department shall be the Department Convention.

SECTION 4: The Department Council of Administration shall consist of: The Commander, Senior Vice Commander, Junior Vice Commander, Adjutant, Quartermaster, Judge Advocate, Chief of Staff, Inspector, Surgeon, Chaplain, and the District Commanders.

The retiring Department Commander shall also be a member of the Department Council of Administration with a vote until such time another Department Commander retires, unless the incoming Department Commander retires before the expiration of one year, in which case the retiring Department Commander shall serve in the Department Council of Administration until the next Department Encampment.

SECTION 5: The Department shall have such officers as are provided for in the National By-Laws and such committees as are necessary to carry on its business. All salaried employees shall be appointed by the Department Commander subject to the approval of the majority of the elected and non-salaried ex-officio members of the Department Council of Administration. A Budget Advisory Committee of three (3) members shall be elected at the Department Convention for terms of 1, 2, and 3 years and thereafter one member elected annually for a three year term.

SECTION 6: DUTIES OF THE BUDGET ADVISORY COMMITTEE: The Budget Advisory Committee shall act in an advisory capacity to the Department Quartermaster and Council of Administration, and perform other duties prescribed by the Council of Administration.

SECTION 7: The duties, authority, responsibility, and jurisdiction of each Department Officer shall be prescribed by the By-Laws of the Veterans of Foreign Wars of the United States; and, such additional duties as are provided by these By-Laws.

SECTION 8: In accordance with the provisions of the foregoing section of this article, all subordinate Department Officers and hired employees shall be under the direct supervision and lawful orders of the Department Commander, Council of Administration and the Department Convention. Hired employees shall be under direct supervision of the Department Adjutant.

SECTION 9: The election of all Department, District and Post Officers shall be according to the provision of the Constitution and By-Laws of the Department of Nebraska and the National Organization of the Veterans of Foreign Wars.

SECTION 10: Any Department Officer who misses two (2) consecutive meetings of the Council of Administration, or of the constituent body of which he is a member shall have his office declared vacant by the Department Commander unless a legitimate excuse for such absence is made in writing to Department Headquarters within ten (10) days of such meeting. When so removed by the Department Commander he shall have right of appeal to the Council of Administration to be taken within thirty (30) days from the date of order of removal and notice given. Notice by registered mail shall be considered sufficient. Such appeal shall be heard and determined at the first Council of Administration Meeting following such appeal.

ARTICLE IV

WHERE AS: The need to consolidate Districts and

WHERE AS: The cost of maintaining 16 Districts financially and

WHERE AS: Many small Districts stand to loose their District status due to loss of posts and membership now

THEREFORE BE IT RESOLVED: And that these By Law changes will take effect July 1, 2007 with District

election in April 2007 time and place to be set by the State Commander.

THEREFORE BE IT RESOLVED: That the Districts be redistricted as following:

SECTION 1: The Department shall be divided in Districts as follows:

District No. 1: Sioux, Dawes, Sheridan, Box Butte, Grant, Hooker, Thomas County and West half of Cherry County, Scottsbluff, Banner, Kimball, Morrill and Cheyenne counties.

District No. 3: Wheeler, Antelope, Knox, Pierce, North half of Madison County, Cedar, Dixon, Dakota, Wayne, and the North half of Stanton County.

District No. 4:McPherson, Logan, Arthur, Keith, Lincoln, Perkins, Chase, Dundy, Hayes, Hitchcock, Red Willow, Frontier, and that portion of Dawson County including the town of Farnam, Garden, and Duel County.

District No. 6: Otoe, Johnson, Nemaha, Pawnee, Richardson, Fillmore, Saline, Thayer, Jefferson, and Gage Counties

District No. 7: Thurston, Cuming, Burt, Dodge and Washington Counties.

District No 8: Sarpy and Cass Counties.

District No. 9: Saunders, Lancaster, Seward, York, Polk, and Hamilton Counties.

District No. 10: Douglas County.

District No. 11: Keya Paha, Boyd, Rock, Holt, Brown and East half of Cherry County, Custer, Blaine, Loup, Garfield, Sherman, Valley, Greeley, Howard, Hall and North half of Buffalo County.

District No. 13: Kearney, Adams, Webster, Nuckolls, Clay, Franklin, Dawson except the town of Farnam, South half of Buffalo County, Gosper, Phelps, Furnas, and Harlan County.

District No. 15: Colfax, Butler, Platte, Boone, Merrick, Nance, and South half of Madison County and Stanton counties.

SECTION 2: Department Districts are subordinate divisions of the Department governed by and under the control of the Department Convention and the Department Council of Administration. It is the purpose of the District within the jurisdiction to carry out all the orders, programs and policies of the National and State Departments, and the affiliated Posts of the District to increase the membership of the Veterans of Foreign Wars of the United States; to engage actively in the welfare of all veterans; to carry out the aims and objectives of the National and State Department and to engage in any constructive activity which is conducive to good Government and to conduct to local affairs of the Veterans of Foreign Wars of the United States; to foster and perpetuate the good will of the citizens towards the veterans and particularly the Veterans of Foreign Wars of the United States.

SECTION 3: All active members of the Veterans of Foreign Wars of the United States in good standing in their respective Posts, under the jurisdiction of the District are eligible to office in such District except that no person may hold two elective District Offices at the same time.

SECTION 4: Elective officers for each District shall be a Commander, Senior Vice Commander, Junior Vice Commander, Quartermaster, Judge Advocate, Surgeon, Chaplain, and three Trustees, who shall be elected according to the National By-Laws.

SECTION 5: Appointive officers in each District shall be an Adjutant, Sergeant-At-Arms, Guard and such other appointive officers as are necessary.

SECTION 6: The Department Council of Administration may in its annual budget make provisions for funds to carry on the expenses of the District. Such funds shall be allocated to the respective District as said council may direct.

SECTION 7: Each District shall hold such meetings each year as are provided by the National By-Laws.

SECTION 8: When the boundaries of the District are changed the current Commander thereof shall become the Commander of the newly created District which includes the Post in which he holds membership provided he is the sole District Commander so situated, otherwise that office shall be considered vacant.

ARTICLE V

SECTION 1: The per capita tax of this Department shall be $8.50 per annum per active member in good standing, which shall be paid by all Posts to the Department Quartermaster in accordance with the National By-Laws. Twenty five ($.25) cents of said per capita tax is to be restricted for the use of the Department of Nebraska Hospital Fund in staging the parties at the Veterans Hospitals, State Hospitals and Domicilliaries as designed by the Hospital Committee. Ten ($.10) cents of the per capita tax is to be used in the Department Membership and Post Extension Program. The Department shall collect all other Department assessments and National Tax in accordance with the National By-Laws.

SECTION 2: A standardized fund accounting system shall be utilized for recording the receipt, use and disbursement of Department monies. Such specific funds shall be established as are required, but shall contain as minimum, the General Fund (with the Hospital Service Officer and Extension accounts as a part thereof ) the Scholarship Fund and the Dues Reserve Fund. Accounting practices and principles approved by the AICPA shall be utilized in maintaining accounting records.

SECTION 3: All financial records and accounts of the Department shall be audited. The Department Quartermaster is charged to deliver all such records and accounts to the auditing firm within forty-five days after the close of the accounting period (normally July 1 to June 30).

ARTICLE VI

SECTION 1: The delegate and alternate strength of each Post in Department Conventions shall be based upon one of each for each fifteen (15) members, or fraction thereof, and shall be elected in accordance with the National By-Laws. Such delegate strength shall be based upon the members in good standing in each of said Posts ten days prior to the said Convention.

SECTION 2: All Past Department Commanders shall be entitled to one vote at the Department Convention together with the Department Officers. In addition to the delegates allowed the Posts, each Post Commander shall be entitled to one vote at the Department Convention. Any delegate or delegates of a Post shall be entitled to vote the full delegate strength to which said Post is entitled.

SECTION 1: The Department Convention shall be held each year between May 1 and July 31. The Department Convention Corporation is charged with the responsibility for the coordination and operation of the Department Convention. The Department Convention Corporation will recommend to the Department, convention sites for future conventions; convention sites to be set 4 years in advance. The delegates present at the Department Convention shall act upon the recommendations of the Department Convention Corporation.

SECTION 2: The Department Council of Administration shall meet in regular session at least four times each Department fiscal year. The time and place of such meetings shall be set by the Department Commander. The Department Convention Corporation is charged with the responsibility for the coordination and operation of the fall and mid-winter council meetings. If the Department Commander refuses or fails to call meetings of the Council of Administration, a majority of said Council may make a written request to the Senior Vice Commander that a Department Council of Administration meeting be called, provided that at least ten (10) days written notice to all Department Council of Administration members be given them. A majority of the Department Council of Administration shall constitute a quorum.

SECTION 3: Council of Administration members who fail to answer roll call at Council meetings, or fail to have themselves declared present at such meetings shall not be entitled to reimbursement for expense of attendance and shall receive none.

SECTION 4: The Department Quartermaster shall mail to all incoming Council members ten (10) days prior to the State Convention the tentative budget for the ensuing year and that the budget shall be set at the Council meeting to be held immediately following installation of the newly elected Council Members.

ARTICLE VIII

SECTION 1: All clubs and canteens sponsored by Posts either directly or indirectly shall be under the Department Commander and the control and supervision of the Council of Administration. Said Council of Administration shall have the power to adopt rules and regulations governing said canteens and clubs and that a failure of any Post sponsoring said clubs and canteens to obey and all lawful orders of Department Commander, by and with the consent of the Council of Administration, shall recommend suspension of the Post’s Charter to the Commander-in-Chief of the Veterans of Foreign Wars of the United States.

ARTICLE IX

SECTION 1: The Department Convention Corporation shall consist of three (3) members; one

elected for three years, one elected for two years, one elected for one year, and that the 2-year member move to one year, and that the 3-year member move to two years, and the 4-year member move to three years, and that the Convention hereafter elect a 3-year member each subsequent year and the Chairman to be chosen from within the Corporation. The State Commander, Adjutant and Quartermaster shall be member of said committee. The duties of said committee shall be as set forth in Article VII, Sections 1 and 2. An annual financial statement containing a Balance Sheet and an Income & Expense Statement shall be submitted to the State Commander prior to October 1, and shall also be presented to the Council of Administration.

ARTICLE X

AMENDMENTS

SECTION 1: These By-Laws may be amended by the Department Convention. A copy of such amendment or amendments shall be forwarded through channels and approved by Commander-in-Chief before becoming effective.

SECTION 2: Where there is any conflict between these By-Laws and the By-Laws of the National Organization, the National By-Laws govern.

SECTION 3: These By-Laws become effective upon approval by the Commander-in-Chief, and all prior By-Laws are declared canceled and of no further force or effect.

SECTION 4: Proposed By-Law changes will be submitted to Department Headquarters in sufficient time to be published in the March/April issue of the Nebraska VFW News prior to the Department Convention which is to consider the proposed By-Law changes.

SECTION 1: The Scholarship Committee shall be comprised of three (3) members in good standing in the Veterans of Foreign Wars of the U.S. Department of Nebraska, who are to be appointed each year by the Department Commander, and three (3) members of the Department of Nebraska Auxiliary who are in good standing to be appointed by the Department President of the VFW Auxiliary. The Chairman of the Committee is to be selected from the committee by the

newly elected Department Commander and the newly elected President of the Ladies Auxiliary. A secretary is to be elected by the Committee. The State Quartermaster shall be the treasurer of the committee.

SECTION 2: The duties of the Scholarship Committee shall be:

A. To administer the investment of the Scholarship Fund for the best interests of the Department of Nebraska and the Ladies Auxiliary and their members, under the State Quartermaster’s guidance.

B. To set up rules and regulations for the awarding of Scholarships to needy students in any college in Nebraska, who are members, spouses, children, grandchildren and stepchildren of Veterans of Foreign Wars, Department of Nebraska and its Ladies Auxiliary.

C. To hold all of the necessary meetings to adequately administer said Scholarship Fund.

SECTION 3: The Scholarship Committee and State Quartermaster shall have the authority to make Scholarship Awards no greater than 95% of the income or returns from the original investment or of the principal amount of the funds in any one year. The remaining 5% may be spent for expenses that may be necessary to incur in the performance and operation of administering the Fund.

SECTION 4: The Scholarship Committee and State Quartermaster shall have jurisdiction of all future principal of funds that may accumulate from Promotions, Grants, Gifts, Bequeaths, etc, and be authorized to administer said fund in the same manner as set out in Section 3 of this Article.

SECTION 5: The Department Quartermaster of the Department of Nebraska VFW shall have the custody of all money vested in the Scholarship Fund and is authorized to expend the same at the direction of the Scholarship Committee, under the rules set out in Section 3 of the Article.

SECTION 1: Formation and Control

A Post may amend its By-laws to form an association separately constituted as a subordinate unit. That subordinate unit shall be called "POST( name and number of host Post) MENS’S AUXILIARY".

Upon review of the Post’s By- Law Amendment according to Article 2, Section 202 of the Veterans of Foreign Wars, Manual of Procedure the Department of Nebraska shall issue a Charter to such unit. A Charter will only be issued by this Department when a Post submits Admission Fees, Dues, Names, Addresses and Phone numbers of 25 Men’s Auxiliary members to the Department of Nebraska Headquarters for approval by the Department Commander. At least annually, the Post shall provide the names and addresses of Auxiliary members and such other information as may be required by the Department, which information shall also be proved to National Headquarters.

No Men’s Auxiliary shall be formed unless approved by two-thirds vote of the Post membership present at a regular or special meeting. Due notice of the formation having been prior to a regular meeting, or special meeting called for the aforementioned purpose.

A Men’s Auxiliary shall be subject to the jurisdiction of the Post under which it is affiliated. It shall also be subject to the jurisdiction of the Convention, Council of Administration and Commander of the Veterans of Foreign Wars of the United States Department of Nebraska with respect to matters of authority. Each Men’s Auxiliary shall function in accordance with these By- Laws upon issuance of a Charter by the Department of Nebraska, and the By- Laws of the Post with which it is affiliated or lawful orders issued by the Department of

Nebraska Council of Administration or Department Commander.

SECTION 2: Eligibility

Membership is the Men’s Auxiliary to the Veterans of Foreign Wars shall be limited to husbands, widowers, fathers, grandfathers, sons, grandsons, brothers and half brothers who attained that status prior to the age sixteen (16) of persons who were or are eligible for membership in the Veterans of Foreign Wars of the United States. Members must not be less than sixteen (16) years old. Persons eligible for membership in the Veterans of Foreign Wars of the United States shall not be eligible for membership in the Men’s Auxiliary.

SECTION 3: Dues and Admission Fees

Dues and admission fees shall be established by the Post when amending its By Laws according to the ARTICLE XII, SECTION 1 (A) above. A Department admission fee of $10.00 shall be collected for each new member of a Men’s Auxiliary and mailed with the member’s name, address and phone number to the Department of Nebraska Headquarters. The Department of Nebraska annual dues shall be $20.00 per Auxiliary member. Each month such dues will be mailed to the Department as collected by the Auxiliary throughout the year. Each dues transmittal shall include the current Auxiliary Member’s name, address and phone number. The Auxiliary’s dues year shall coincide with that of the VFW.

SECTION 4: Officers, By-Laws, Rules of Order and Order of Business

A. Officer of a Men’s Auxiliary shall be elected and installed in the month following the election and installation of Post Officers. Officers shall be elected for a one-year term at a regular scheduled meeting of the Auxiliary. Elections shall conform to Post, Department and National By- Laws and the Manual of Procedure of the Veterans of Foreign Wars of the United States. The duties of the officers shall conform to Section 218 of the VFW National Manual of Procedure and their respective Post Officers duties.

President - As described duties of VFW Commander ARTICLE 2, Section 218, (a) (1) VFW Manual of Procedure, in addition to those duties the President shall report directly to the Post Commander and provide to him monthly financial reports and membership reports including names, address and phone numbers of all Men’s Auxiliary members one week prior to the Post regularly scheduled meetings. The President of the Men’s Auxiliary shall also, within 30 days after his induction into office, submit to the Post Commander an itemized report of the financial status of the association over which he is presiding officer. All such reports shall be acknowledged by the Post Commander during the next regular meeting and may be read to the members assembled.

First Vice President - As described duties of VFW Senior Vice Commander ARTICLE 2, Section 218,

(a)(2) VFW Manual of Procedure.

Second Vice President - As described duties of VFW Junior Vice Commander ARTICLE 2, Section 218 (a)(3) VFW Manual of Procedure.

Secretary/Treasurer - As described duties of VFW Quartermaster ARTICLE 2, Section 218 (a) (5) VFW Manual of Procedure.

Such other officers and committees the auxiliary may elect or appoint subject to the approval of the Post.

By- Laws, Rules of Order and Order of Business. The By Laws adopted by any such Auxiliary shall not conflict with the Congressional Charter, By-Laws, Manual of Procedure, Ritual or laws and usage of the Veterans of Foreign Wars of the United States or by this Department. Such By-Laws shall conform to the rules prescribed by this Department and the Auxiliary’s host Post.

SECTION 5: Meetings

A. The Post shall establish the date of the Auxiliary’s meeting, Meetings will be held no more than 7 days prior to the regularly scheduled Post meeting. The minutes of the Auxiliary meeting shall be made available to the Post Commander at least 48 hours prior to the regularly scheduled Post meeting.

Meeting shall be conducted in accordance with the VFW Manual of Procedure,

ARTICLE X - RULES OF ORDER, Section 1001 - Rules of Order Governing All Meetings and Section 1004 - Order of Business-Posts

SECTION 6: Suspension and Cancellation of Charters,

A. The Department Commander may suspend, for a period not to exceed sixty (60) days, or cancel the charter of any Men’s Auxiliary, upon the recommendation of the Post to which such Auxiliary is affiliated, or under such other conditions as may be provided in these By-Laws. While the Charter of a Men’s Auxiliary is suspended, said unit shall not be permitted to function and officers thereof shall be without authority.

A Post may, by vote of eighty (80) percent of its members present at a meeting, following a written notice mailed or delivered to each member of the Post in good standing at least ten (10) days before said meeting, vote to request suspension or cancellation of the charter of its Men’s Auxiliary, the notice must state the contemplated action and reason therefore. If the Post votes to request suspension or cancellation of the charter of it’s Men’s Auxiliary, it shall certify the action in writing and forward the same to the Department Commander.

In the event of surrender, cancellation or forfeiture of a Charter of a Men’s Auxiliary, all official records, money, and all other property shall immediately become the property of the Post.

SECTION 1: The Department Convention Resolution Committee, with the assistance of the Department Adjutant/Quartermaster, shall ensure that all proposed resolutions and National By-Law Changes, approved by the Convention are placed in proper format and context prior to their submission to the National Convention. The Committee shall ensure that neither the meaning nor intent of the resolution or By-Law change is altered during format or context arrangement.

SECTION 2: The Department Adjutant / Quartermaster shall ensure that all resolutions effecting only the Department, and submitted to him in timely fashion, together with those proposed Department By-Law changes submitted in accordance with Article X, Section 4, are placed in proper format and context prior to publication and subsequent action by the Department Convention. The integrity of the meaning and intent of the resolution or By-Law change shall be preserved to the satisfaction of the originator.

SECTION 3: The Nebraska VFW News shall be the official publication of said Department and the publication of said paper shall be under the control of the Department Commander and the Council of Administration. Expenditure for said paper to be taken from membership dues.

SECTION 4: The Department Commander with the approval of the Council of Administration shall appoint two representatives to serve on the Board of Inquiry at the Veterans’ Home at Grand Island, Nebraska.

SECTION 5: No smoking shall be allowed at Department meetings, except in designated areas. Meetings over two (2) hours in length will break for fifteen (15) minutes and after the first (2) hours, fifteen (15) minutes every hour.

John R. Liebsack, State Adjutant / Quartermaster