Post Operating Procedures - E A post can do fundraising and hold assets in its own name. However, the National Organization cannot insure the assets of any post or insure the liability of the individual posts. One of the founding principles of the organization is volunteerism. Therefore, NO Post Officers or individuals who do anything on behalf of the Post are to be paid for their services. The only thing that is allowed is reimbursement for expenses such as travel, as detailed in the following section. Contact the National Organization for additional information or questions regarding reimbursement. EXPENSE REPORTS All reimbursable expenses must be documented on the following form with receipts attached. Use as many sheets as needed with the totals put on the last page submitted. Miscellaneous expenses should be spelled out in detail. Electronic versions of the expense report are available from National upon request and are shown on the disc enclosed. These reports should be filed with the Post Treasurer within thirty days of the expenditure and reviewed before payment by the Post Executive Board. These reports will become part of the official financial records of the post and be available for review by the National Office of the Veterans of the Vietnam War, Inc. & The Veterans Coalition as requested. Travel must have prior approval from the Executive Board and/ or Post Membership. All expenses must be related to post business. Reimbursable expenses include the following items, though members should make every effort to minimize expenditures whenever possible: o Accommodation o Travel- airfare or 30 cents per mile fuel reimbursement o Meals o Tickets associated with an event o Postage VETERANS OF THE VIETNAM WAR, INC. & THE VETERANS COALITION POST NUMBER: EXPENSE REIMBURSEMENT REQUEST Date: Name: _ · Address: _ Phone: _ Date Destination/Mileage Travel @ .30 HOTEL MEALS MISCELLANEOUS cents per mile TOTALS: · NOTE: All expenses must be documented with receipts which should be attached to the appropriate sheet. Use as many sheets as needed with the Totals put on the last page submitted. Miscellaneous expenses should be spelled out in detail. Additional sheets of paper and forms should be used as needed - photocopy as necessary. RULES OF PROCEDURE IN DISCIPLINE OF MEMBERS OVERVIEW Post Commanders are strongly recommended to handle any disciplinary issues within their post at the lowest level of authority possible. Interpersonal rivalry and conflict amongst members undermines the objectives of our organization. Mediation should be pursued aggressively and immediately to prevent issues from obstructing our mission to support our fellow Veterans. Mediate and smooth over disagreements within the Post to include members as well as board/ committee members. In the event that a Post Commander or Executive Board is unable to obtain resolution of the issue, the National Board of Directors will implement the following procedures upon notification of an allegation or complaint. Any member of The Veterans of the Vietnam War Inc. & The Veterans Coalition can elevate a post issue to the National level. An open door policy exists to ensure Post Commanders or Executive Board members do not suppress any concerns of post members. OFFENSES 1. All allegations/complaints levied against a member, by a member or officer will be submitted to the National Board within ninety (90) days of the incident occurrence unless the circumstances of the discovery of the incident preclude this timeline, in which case, any such allegations/complaints will be brought within ninety (90) days of the discovery of the conduct. 2. Allegations/complaints against members must be made in writing, notarized, and submitted at the appropriate level, either to the Post Commander or directly to the National Board. 3. Upon receiving the allegation/complaint, the Post Commander will immediately inform the National Board of Directors and supply the National Board of Directors with a copy of the allegation/complaint. 4. The Post Commander, at the same time, will inform the accused of the allegations/ complaints and supply to the accused exact copies of the detailed allegations/ complaints. MEDIATION 1. The National Commander, upon receiving the allegations/complaints, will appoint a mediator from outside of the post to attempt to reconcile the allegations/complaints without a full Trial Board being appointed. 2. The mediator will call the accuser, the accused and the Post Commander within ten (10) days and set a mutually convenient meeting to attempt to reconcile the allegations/ complaints without a full Trial Board being appointed. If the reconciliation is accepted, all allegations/complaints will be dismissed. TRIAL BOARD 1. Should mediation fail, the National Commander will appoint a Trial Board in confidence consisting of three members in good standing from outside of the post to which the allegations/complaints will be referred. The National Commander will also appoint a Prosecutor from members in good standing from outside of the post to prosecute the allegations/ complaints. 2. The Trial Board will meet within a reasonable time and organize, electing a chairman and clerk from the Board; the National Board of Directors will deliver to the clerk a copy of the written allegations/complaints, copies or pictures of all physical evidence and a list of the witnesses against the accused. The Trial Board will also have the authority to employ such agents as needed with reasonable costs to be borne by the Post. 3. The Trial Board will fix a time and place of hearing, and the clerk will give twenty one (21) days notice to the accused member and the accusing member. 4. The Trial Board will supply to the accused member and the person appointed as the Prosecutor, complete copies of the allegations/complaints against the accused, copies of all physical evidence or pictures against the accused, along with a list of witnesses to be used against the accused. 5. The accused member will be entitled to be represented before the Trial Board by not more than two (2) people. The accused or the representative(s) of the accused will supply the Trial Board with a list of witnesses and a summary of their testimony. 6. The Trial Board will supply the Prosecution with the list of witnesses for the accused along with the corresponding summations. 7. If a legitimate reason exists that the accused cannot attend the scheduled hearing, he/ she is required to submit said reason, in writing, to the National Board no later than 14 days prior to the hearing date. If the accused fails to submit written notification and does not appear at the scheduled hearing then the allegations/complaints will be accepted as proved and the Board will recommend action. 8. No member or past member of the legal fraternity can be utilized for the prosecution or defense in an internal trial board situation. HEARING 1. The Trial Board will convene the hearing by appointing a Master Sgt-at-Arms who will immediately clear the room of all persons except members of the Trial Board, the Prosecutor, the accused and the counsel for the accused. 2. All interested parties and witnesses will be sequestered so that those who have testified will not come in contact with those who have not testified. The Master Sgt-at-Arms will enforce the proceedings outside of the Trial Board room. 3. The proceedings will begin with an opening statement from the prosecutor unless the prosecutor waives the right to an opening statement. The Defense will have the right to an opening statement unless such rights are waived by the Defense. 4. The Prosecution will, in an orderly fashion, present its case to the Trial Board. Witnesses will be called before the Board one at a time to present verbal evidence and to support any and all physical evidence. Each witness will be duly sworn to tell the truth. Defense counsel will have the right to cross-examine each witness. The Trial Board will have the right to examine each witness. The Prosecution will continue with its list of witnesses until the Prosecution has presented its entire case, at which time the Prosecution will rest. 5. The Defense will, in an orderly fashion, present its case to the Trial Board. Witnesses will be called before the Board one at a time to present verbal evidence and to support any and all physical evidence. Each witness will be duly sworn to tell the truth. The Prosecutor will have the right to cross-examine each witness. The Trial Board will have the right to examine each witness. The Defense will continue with its list of witnesses until the Defense has presented its entire case at which time the Defense will rest. 6. Upon the end of testimony for the Defense, the Prosecutor will conclude with a summation of the testimony and evidence for the Prosecution. 7. At the completion of the Prosecutor's summation, the Defense will conclude with a summation of the testimony and evidence for the Defense. 8. Time limits for both Prosecution and Defense can be set by the Trial Board prior to the hearing and both parties will be notified of the time limits. 9. The Chairman of the Trial Board, at the conclusion of the summation by the Defense, will end the proceedings. EXECUTIVE SESSION After the hearing, the Trial Board will meet in executive session and agree upon its findings and recommendations, and report same to the National Board of Directors Chairperson within fifteen (15) days. This report will include: a. Name of the accused member and his accuser; b. Date of filing allegations/complaints; c. Name of the Trial Board, Chairman and Clerk and other persons employed by the Trial Board; d. Time and place of the hearing; e. Appearance list of witnesses, name of prosecutor and defense counsel. f. Findings of facts, numerically arranged and numbered. g. Discussion, if desired. · h. Decision ofthe Trial Board - i.e., exoneration, suspension or other discipline. REPORT 1. A majority of the Trial Board will be sufficient to make a report and decision to the National Commander. A minority report and recommendation will also be filed with the National Commander. 2. The National Commander will supply to the Post Commander and the accused at the same time the decision of the Trial Board and a copy of the report by first class mail, return receipt requested. If said mail is refused by any party, then it will be sent by regular first class mail. The National Commander will also supply copies of the proceedings and the findings of fact from the Trial Board to the National Board of Directors. 3. The decision of the Trial Board is final. RIGHTS OF THE ACCUSED 1. The accused unless suspended is considered a member in good standing until convicted by the Trial Board. 2. All rights and privileges are retained by the accused unless suspended until convicted by a majority of the Trial Board; the only exception being the position of Post Treasurer or other officers who are charged with misuse of post funds. Should such allegations/ complaints be placed against the Post Treasurer or other officers for the misuse of post funds, then they will be relieved of their duties until the allegations/complaints are mediated or a final decision is reached by the Trial Board. The Post Treasurer will, upon the filing of the allegations/complaints, return to the Post Commander, all financial records, checkbooks and other supplies needed to assure the continued financial responsibilities of the post. 3. Allegations/ complaints cannot be brought against the accused for the same offense after the Trial Board has exonerated the accused. 4. The accused will not bring allegations/complaints against the accuser unless such allegations/ complaints are recommended by the Trial Board or the Appeal Board. S. If the accused brings disrepute and defames any member of the Trial Board, the National Board will act and remove the accused as a member. NATIONAL AT-LARGE MEMBERS Allegations against National At-Large members will be addressed in accordance with the procedures described herein. EXPULSION OF MEMBERS Members may be expelled from The Veterans of the Vietnam War, Inc. & The Veterans Coalition only upon proper showing of cause. Allegations/complaints may be based upon: 1. Disloyalty to the United States of America or to The Veterans of the Vietnam War, Inc. & The Veterans Coalition and its mission. 2. The advocacy of, or membership in, any organization advocating un-American principles, including anarchy, communism or other forms of radicalism which are contrary to those of The Veterans of the Vietnam War, Inc. & The Veterans Coalition. 3. Theft of organizational funds or assets. 4. Neglect of duty /Failure to fulfill Organizational requirements. S. Working to the detriment of the organization. 6. Physical abuse or attacks. 7. Conduct to the prejudice of good order and discipline. 8. Discrimination and/or defamation. 9. Unlawful activities. All allegations/complaints must be made under oath and submitted in writing by the accuser. No member in good standing will lose his or her membership until given a fair trial in such manner and form as prescribed in the Rules of Procedure in the Discipline of Members as described in this guide and a decision rendered after said trial is made known to the accused. SUSPENSION OF MEMBERS Members may be suspended from The Veterans of the Vietnam War, Inc. & The Veterans Coalition by a majority Vote of the National Board of Directors for cause: 1. Disloyalty to the United States of America or to The Veterans of the Vietnam War, Inc. & The Veterans Coalition and its mission. 2. The advocacy of, or membership in, any organization advocating un-American principles, including anarchy, communism or other forms of radicalism which are contrary to those of The Veterans of the Vietnam War, Inc. & The Veterans Coalition. 3. Theft of organizational funds or assets. 4. Neglect of duty. 5. Drunkenness while representing the Organization. 6. Working to the detriment ofthe organization. 7. Physical abuse or attacks 8. Conduct to the prejudice of good order and discipline. 9. Discrimination and / or Defamation. 1O.Failure to comply with National Directives A suspended member is NOT a member in good standing. Suspension is subject to periodic review by the National Board of Directors. If the suspended member, in the judgment of the National Board of Directors, continues to act to the detriment of The Veterans of the Vietnam War, Inc and The Veterans Coalition, then that member can be removed as a member by a majority vote of the National Board of Directors. Suspended members are not authorized to serve in any leadership or committee positions, vote on any organizational proceedings, take part in, nominate or be nominated for a position within a Post or National election. Additionally, they cannot initiate any motion or participate in discussion of Post proceedings. Suspended members, at the discretion of post commanders, may attend post meetings, but only as observers to provide · them situational awareness of post activities and opportunities to contribute towards post goals. During the probationary period, suspended members are encouraged to volunteer to · support post projects, food drives, etc. Their performance and attitude towards the advancement of the organization is under the scrutiny of their post commander and the National Board of Directors. At the end of each six-month period, the post commander will · submit a written assessment of .the suspended member's performance and a recommendation to reinstate the member, extend the suspension, or initiate a trial board to pursue expulsion. Periodic reviews of suspended members will be conducted by the National Board in conference with the Post Commander of the suspended member at six month intervals from the date of the suspension, as determined by the certified receipt of the letter of suspension. Post Commanders will present their assessment and any additional documentation to support their recommendation on the suspended member's disposition. Suspensions will either be lifted, extended for an additional six months, or referred to a trial board for possible expulsion, based upon the majority vote of the National Board. In the event a suspended member is reinstated, he/she is required to complete an affidavit that they will operate within the organizational bylaws and post procedures for the advancement of the organization. If a member is found in violation of this affidavit and is recommended for suspension a second time, his/her case will immediately be referred to a trial board for review or the National Board of Directors and expulsion from the organization. PROCEDURE FOR THE REVOCATION, CANCELLATION OR SUSPENSION OF POST CHARTERS SECTION 1. A charge that any post should, for any good and sufficient cause, have its charter cancelled, suspended or revoked, may be initiated by any member. Proceedings relating to the cancellation, suspension or revocation of a post charter may also originate with either the National Commander or the National Board of Directors. A charge may be withdrawn only with the consent of the National Commander. A Post's Charter can be revoked for the following causes: · A Post membership dropping below the required 25 active members: The National Board of Directors can allow a written notice to the Post providing up to 6 months to bring the Post to full strength. · A Post not complying with National Directives. · A Post acting in defiance of the National Bylaws or directions. · A Post refusing to communicate with the National Office upon request. · Conducting illegal activities · The Post is operating and directing other than within our purpose. · Where the action of any Post is being discredited in the public press. · Where criminal proceedings have been instituted against a Post · Where the actions of a Post are such as to be scandalous or contrary to the mission of The Veterans of the Vietnam War, Inc. & The Veterans Coalition · A Post is working to the detriment of good order and operations of The Veterans of the Vietnam War, Inc. & The Veterans Coalition . SECTION 2. Allegations will be filed with the National Commander at National Headquarters. The submission should consist of a clear, concise and detailed statement of the facts upon which the allegations are based, accompanied by appropriate affidavits or documents sustaining the charge. The"'written allegation will be signed by the respective member and notarized . • SECTION 3. Upon review of the allegation, if the National Board determines the charges warrant further assessment, an investigation will be initiated. The National Commander will notify the defendant Post of the investigation in writing. The identity of the source of the allegation will only be released at the discretion of the National Commander.