Boomer Detachment 1288

ARTICLE FIVE

DETACHMENTS

Revised 8 November2008

 

SECTION 500 - NAME

The name of the Detachment shall Boomer Detachment 1288.

 

SECTION 505 - BYLAWS

These Bylaws and Administrative Procedures Shall not be inconsistent with the Department and National Bylaws and Administrative Procedures and shall be subject to approval by the Department Judge Advocate. In the absence of a jurisdictional Department, the National Judge Advocate shall be the approving authority for Detachment Bylaws and Administrative Procedures.

 

SECTION 510 - OFFICERS

Officers, both elected and appointed, may be selected by the Detachment members as they desire. The Detachment shall elect a Commandant, Senior Vice Commandant, Junior Vice Commandant, and Judge Advocate. The Detachment shall elect or appoint a Chaplain, Sergeant-At-Arms, Adjutant, Paymaster or an Adjutant/Paymaster, and such other Officers as we deem necessary.

 

SECTION 512 - ELIGIBILITY AND TERM LIMITS

 (a) All Officers serving in elected offices must be Regular Members of the Boomer Detachment to serve. At the will of the Detachment, Associate Members may serve in appointive offices only, in accordance with Article Six, Section 600 (b).

 (b) Detachment Officers shall no more than two (2) consecutive terms both elective and appointive. These elected officers may run again after a one (1) year period immediately following their last elected position. These elected officers may run in the immediate election for another office..

 

SECTION 515 - MEETINGS -

The Detachment Charter or copy, the National colors, and a Bible should be displayed at all business meetings.  Meetings shall be held on the first (1^st) Saturday of each month.  In the event that this appointed to is not appropriate, the date shall be decided at the meeting pervious to the next scheduled meeting.  All members shall be notified in the most expidious manner of the chosen corrections at least seven (7) working days prior to the decided date, time, and location.

 

SECTION 520 - QUORUM -

A minimum number of 5 members shall be required to be present for the transaction of business.

 

SECTION 525 - TRUSTEES

The elected Officers of a Detachment shall be its Detachment Board of Trustees and on member at large. The Board of Trustees shall consist of at least the Past Detachment Commandant, the current Commandant, the Adjutant, the Paymaster, and a member at large to serve a one-year term.  In the event of a vote resulting in a tie, the Commandant shall cast the tie braking vote.  Other wise the Commandant shall only preside over the proceedings.

 

SECTION 530 - ELECTION, INSTALLATION OF OFFICERS

Detachment shall hold an ANNUAL ELECTION of Officers on the regularly scheduled meeting in May:

(a) Installation must be conducted no later than the next regularly scheduled  meeting the month subsequent to the election.

(b) Report of Officers and  Installation must be forwarded to National Headquarters, the Division  Vice Commandant, and the Department Adjutant within fifteen (15) days of the installation.

(c) Notwithstanding the above, Report of Officers and Installation must be received at National Headquarters no later than June 30 each year (Administrative Procedures, Chapter 6,Section 620 applies to this section).

 

SECTION 535 - DEFAULT

A Detachment which is in default of monies from any source due National and such debt has not been satisfied as required by Section 105 (c) or fails to report its Detachment's Report of Officers and Installation as of June 30 prior to the National Convention such fact shall be reported to the National Convention Credentials Committee, such Detachment and its Officers will not be recognized on the floor of the National Convention.

 

SECTION 540 - MEMBERS

(a) Each Detachment shall be the sole judge of its membership, providing said person meets the requirements of Article Six, Section 600. No Detachment, however, may accept as a member any person whose name has been stricken from the rolls of the Marine Corps League.

(b) Once accepted as a member in good standing by the Detachment membership, that member may not be removed from the Detachment's roll except for cause (Chapter 9, Administrative Procedures) or by that member requesting transfer (Section 710,Administrative Procedures).

(c)  An Associate Member in good standing in the Detachment who subsequently qualifies as a Regular Member as set forth in Article Six, Section 600 of the National Bylaws, upon vote of the detachment to accept such associate member as a regular member shall be transferred from Associate membership to Regular membership by forwarding the standard "Request for Transfer" form as set in Chapter Seven, Section 710 of the National Administrative Procedures clearly indicating on such form that it is a transfer from Associate to Regular membership. In the event that the Detachment votes not to accept an Associate Member as a Regular Member, such Associate Member may request transfer to any other detachment who agrees to accept him as a regular Member or shall be transferred to Member-At-Large status by completing the standard transfer form as set forth in Enclosure Seven to the National Bylaws and Administrative Procedures.

 

CH 11-05 SECTION 545 -BONDING

Detachment Commandants, Detachment Adjutant/Paymasters or Paymasters, as applicable and Officers authorized by the Detachment Commandants to handle Detachment funds will be Bonded by a commercial crime policy paid for and administered by the National Organization. The bond limit will be in the amount of $10,000.00 with a deductible of $1,000.00. A certificate of coverage will be mailed to each Detachment at the inception of the policy term with the territorial provisions included within the policy. The Detachment at the expense of the Detachment shall arrange any additional bonding coverage desired for Detachment Officers. (Article eight; Section 815 (m) applies)

 SECTION 550 -ADDITIONAL DETACHMENT

When a Charter is sought for a Detachment which is to be located within the limits of any municipality wherein another Detachment exists, the written consent of the existing Detachment shall accompany the application. Should such existing Detachment disregard a request for consent, or refuse consent, the Department Commandant, employing discretion, may approve and recommend the granting of such charter. In the event the Department Commandant fails to act or refuses approval of the proposed new Detachment, an appeal may be made to the National Board of Trustees for its consideration and action. The action of the National Board of Trustees shall be conclusive.

 CH 11-05 SECTION 555 -CHARTER SUSPENSION, REVOCATION

(a) The charter of a Detachment may be suspended or revoked for:

(1) The persistent failure to maintain a minimum of fifteen (15) members in good standing;

(2) The persistent failure to promptly forward funds due to the National body;

(3) Acts and conduct bringing the Marine Corps League into public disrespect;

(4) Willful violation of National Bylaws and Administrative Procedures;

(5) The violation of Federal, State, or Municipal laws or ordinances;

(6) Other activities detrimental to the good name of the Marine Corps League.

 

(b) The suspension or revocation of charters may be consummated by a Department Board of Trustees and/or the National Board of Trustees and shall be implemented in accordance with the provisions of the National Bylaws and Administrative Procedures in a manner considerate of the well being and good name of all concerned.

 

(c) When a Detachment Charter is suspended or revoked, the Board of Trustees of the jurisdictional Department, or where a Department is non-existent, the jurisdictional National Division Vice Commandant shall upon written authorization of the National Commandant, certified by the National Paymaster, assume custody of such Detachment’s assets and liabilities. The Board of Trustees of the jurisdictional Department shall, within the limits of such assets, satisfy the liabilities of the Detachment in question. However, if a jurisdictional Department is nonexistent, the responsibility for satisfying the outstanding liabilities shall devolve to the National Board of Trustees upon receiving, from the jurisdictional National Division Vice Commandant, such assets and liabilities which are in his custody. CH 3-97

 

(d) The Detachment properties and assets will be held by the Department for a period of one (1) year or until a new Detachment is formed. Should a new Detachment be formed during that period, and the new Detachment retains the old Detachment name, ALL properties and assets will be returned. After the one (1) year, the properties and assets will revert to the Department. The Charter will be returned to National Headquarters and placed in the archives. All assets will then become the property of the Department. All ceremonial rifles must be accounted for per issuing regulations (Title 10, US Code 2572), either physically or through police/fire reports.

 

CH 8-02 SECTION 560 -CHARTER VOLUNTARY SURRENDER

 (a) The Charter of a detachment may be voluntarily surrendered for such reasons as may be determined by the Detachment. Upon a determination that it is no longer practical to maintain said, detachment, the Detachment Board of Trustees shall immediately notify its jurisdictional Department, or if a jurisdictional Department is non-existent, it’s National Division Vice Commandant in writing of its intent to dissolve and surrender its Charter. The Detachment shall then:

(1) Call a Special Meeting of the detachment by giving written notice of such special meeting to all members of the detachment at least fourteen (14) days prior to such Special Meeting. If the regular meeting date of the detachment is to be used for the Special Meeting, the aforesaid written notice must still be given to all detachment members at least fourteen (14) days before the regular meeting date.

 

(2) Upon consideration of the voluntary surrender of the detachment charter by the detachment, if it shall be determined that the detachment charter shall be voluntarily surrendered and there are not a minimum of fifteen (15) members of the detachment who ready, willing, and able to carry on the detachment, then:

 

(a) The Detachment shall immediately notify, in writing, the jurisdictional Department, or where such Department is non-existent, the jurisdictional National Division Vice Commandant, of the Detachment's vote to voluntarily surrender its Charter.

 

(b) The Detachment shall determine from each member of the detachment, where such member desires to be transferred to upon the surrender of the Detachment Charter.

 

 (c) Prepare for each such member the standard application for transfer form as set forth in Enclosure Seven of  the National Bylaws and Administrative Procedures and pursuant to the provisions of Chapter Seven, Section 710 of the National Administrative Procedures and shall forward the same to the gaining detachment for such action as the gaining detachment shall deem appropriate.

 

(d) If a member of the detachment fails to indicate where such member desires to be transferred to, or if a "gaining" detachment shall not elect to accept a proposed transfer, then and in that event, the member shall be transferred to a "Member-At-Large" upon the surrendering Detachment submitting a standard transmittal form as set forth in Enclosure Six of the National Bylaws and Administrative Procedures.

 

 (e) The Detachment shall, to the extent assets are available, satisfy all legitimate liabilities of the Detachment prior to voluntary surrender but shall not otherwise dissipate any assets of the Detachment other than the normal course of business of the Detachment.

 

(f) Upon acceptance of the surrender of its Charter, if the Detachment is incorporated, the Detachment shall take such action as is deemed appropriate to properly dissolve the corporation in accordance with applicable state law.

 

(3) No surrender of a Detachment charter shall be deemed effective or accepted until all members of the Detachment have been appropriately transferred.