MARINE CORPS LEAGUE

UPSTATE MARINES

DETACHMENT 1106

BYLAWS


Index

Cover
Article I — Name
Article II — Purpose
Article III — Meetings
Article IV — Officers
Article IV, Section 3 — Election of Officers
Article V — Membership Eligibility
Article VI — Subsidiaries and Subordinate Groups
Article VII — Grievance and Discipline
Article VIII — Amendments
Article IX — Budget and Finance
Article X — Recall
Article XI — Marine of the Year
Approval Signatures


Under provisions set forth in Marine Corps League National Bylaws, Article Five, Section 505, the following Detachment Bylaws are set forth:


Article I  — Name

The name of the Corporation shall be the Upstate Marines, Detachment 1106 of the Department of South Carolina, Marine Corps League, Incorporated.

Article II  — Purpose

Section 1.

To preserve the traditions and to promote the interests of the United States Marine Corps, to band those who are serving or have been honorably discharged or retired from that service in fellowship that may effectively promote the ideals of American freedom and democracy, to fit its members for the duties of citizenship and to encourage them to serve as ably as citizens as they have served the Nation under arms, to hold sacred the history and memory of the men who have given their lives to the Nation, to foster love for the principles which they have supported by blood and valor since the founding of the Republic, to maintain true allegiance to American institutions, to create a bond of comradeship between those in service and those who have returned to civilian life, to voluntarily render assistance to all Marines and to former Marines, as well as to their widows and orphans, to perpetuate the history of the U. S. Marine Corps and by fitting acts to observe the anniversaries of historical occasions of peculiar interest to Marines.

Section 2.

This Detachment is not formed for profit, but is formed for promoting the ideals and purposes enumerated above. The net earnings shall be devoted exclusively to charitable, educational and recreational purposes as defined by State and Local Statues, and also set forth in the Marine Corps League National Bylaws.

Section 3.

Net earnings are defined as monies in excess of that required for the service and discharge of any and all financial obligations.

Section 4. End of Fiscal Year Distribution

At the end of each fiscal year the Board of Trustees will direct the Detachment Paymaster to inform the Board of the Detachment's bank balance. They will advise the Paymaster to maintain a balance of funds to cover any financial obligations for three months, no less than $400. Remaining funds will be donated to the Electric City Young Marines and a maximum of one other organization in Anderson County. The Board of Trustees will submit to the Detachment what the percentages and designated receivers will be for approval of the membership. At the start of the new fiscal year the Detachment, with the leadership of the Board of Trustees, should select the objectives they agree on to legitimatize the Detachment and their fundraising efforts.


Article III  — Meetings

Section 1.

Regular monthly meetings shall be held on a day and time determined by a majority of the membership present and voting.

Section 2.

Any notice of special meetings or change of regular meeting dates shall be given to the membership by the Adjutant by email and/or telephone at least ten (10) days in advance of said meeting.

Section 3.

If the regular monthly meeting falls on a holiday, or for some other reason cannot be held on the regular date, the Board of Trustees, by a majority vote may select some other day in that month, or cancel the meeting for just cause.

Section 4.

The Detachment Commandant or a majority of the Board of Trustees shall have the power to call a special meeting of the Detachment at any time after meeting the same requirements of advance notice to the membership as specified in Section 2 above.

Section 5.

Meetings of this Detachment shall be conducted in the order and precedence of the Marine Corps League, Department and Detachment Bylaws, and Roberts Revised Rules of Order.

Section 6.

A minimum of five (5) members of the Detachment must be present, including two (2) members of the Board of Trustees, to constitute a quorum at any business meeting.

Section 7.
  1. The Board of Trustees shall meet at least once each quarter and as often as the Commandant may deem necessary.
  2. The Commandant shall call a meeting of the Detachment Board of Trustees and all appointed Officers upon the request of three (3) or more members of said Board of Trustees.
Section 8.

The Detachment Charter, or a copy thereof, the National and Marine Corps Colors, and a Bible shall be displayed at all regular business meetings.

Section 9.

No smoking, profanity or alcoholic beverages shall be permitted during any Detachment business meeting. The restriction on alcoholic beverages shall not apply to Detachment dinners.


Article IV  — Officers

Section 1.

The elected officers of the Detachment shall be the Commandant, Senior Vice Commandant, Junior Vice Commandant, and Judge Advocate. The elected officers plus the Junior Past Commandant shall be the Board of Trustees.

Section 2.
  1. The Commandant, Senior Vice Commandant, Junior Vice Commandant, and Judge Advocate shall serve a term of one (1) year. Each Commandant, upon completion of his/her term, shall also become a member of the Board of Trustees as Junior Past Commandant.
  2. In the event the Junior Past Commandant cannot serve, the post will revert to the previous Junior Past Commandant.
  3. The government and management of the Detachment are entrusted to the Board of Trustees.


Section 3. — Election Procedures
  1. In March the Commandant shall instruct the Junior Past Commandant to form a Nominating Committee consisting of him/her and two (2) other members.
  2. The nominating committee shall prepare a recommended slate of officers for presentation during the April meeting.
  3. Additional nominations may be made from the floor at the April meeting. The Chairperson of the nominating committee shall ask three (3) times if there are any additional nominations prior to closing nominations for each office.
  4. The election of officers shall be the last order of business.
  5. Election of Detachment Commandant, Senior Vice Commandant, Junior Vice Commandant and
    Judge Advocate shall be conducted in this order by a roll call or ballot vote.
  6. Before conducting the voting, the Detachment Commandant shall select two (2) Past Detachment Commandants and two (2) Past Detachment Judge Advocates to supervise voting and correctly tally the votes cast. If these past officers are not present at the time of election, the Commandant may utilize other past Detachment officers.
  7. A majority of votes cast is required to elect Detachment Officers. When a simple majority is not obtained on the first ballot, a second balloting will commence after a caucus (not to exceed five (5) minutes). Should a majority fail to materialize on the second or successive ballots, the candidate with the least number of votes shall be dropped as a contender (after each ballot) until a majority is achieved.
  8. The newly-elected officers shall assume their respective offices immediately following the installation ceremony.
  9. Selection of the Installing Officer will be the responsibility of the current Detachment Commandant.
  10. Detachment officers, with the exception of the Judge Advocate, shall be elected for a term of one (1) year and may stand for reelection one (1) additional year.  The number of successive terms which the Judge Advocate may serve is unlimited.
  11. The Installing Officer must be an elected or past National officer, an elected or past Department officer, or a past Detachment Commandant.
  12. It shall be the responsibility of the Detachment Adjutant to prepare and submit the Report of Officer Installation and the Detachment Officer Report.
  13. The Report of Officer Installation and the Detachment Officer Report must be forwarded to the Department Adjutant within five (5) days of the installation.
Section 4. — Duties of the Commandant
  1. To preside at all meetings of the Detachment and Board of Trustees.
  2. Direct the affairs of the Detachment as prescribed by the Board of Trustees.
  3. Appoint committees as deemed necessary, subject to approval of the Board of Trustees.
  4. Serve as an ex-officio member of all committees.
  5. Shall make the final ruling on questions of order, subject to approval by the membership of the Detachment.
  6. The Commandant shall appoint the following positions: Adjutant, Paymaster, Chaplain, Sergeant-at-Arms, and other positions, subject to approval by the Board of Trustees.

Section 5. — Duties of the Senior Vice Commandant
  1. To serve as acting Commandant in the absence of the Commandant.
  2. To perform other duties as requested by the Commandant or the Board of Trustees.

Section 6. — Duties of the Junior Vice Commandant
  1. Shall assist the Commandant.
  2. Shall assume the duties of the Commandant in the absence or disability of both the Commandant and the Senior Vice Commandant.
  3. Shall be responsible for the entertainment and social events of the Detachment.
  4. Shall serve as Chairman of the Membership Committee.
  5. Shall also perform the duties delegated by the Commandant or the Board of Trustees.

Section 7. — Duties of the Judge Advocate
  1. Shall be the advisor to the Board of Trustees on all legal matters of the Detachment.
  2. Shall research, interpret and advise on any matter or question concerning the National, Department and Detachment Bylaws of the Marine Corps League.
  3. Shall be available to all Detachment Officers and committees for legal advice pertaining to their duties and responsibilities.
  4. Shall serve as Chairman of the Detachment Bylaws Committee.
  5. A copy of the bylaws of the Detachment will be provided by the Judge Advocate to all new members and upon request to any member in good standing.
  6. Shall also perform other duties as requested by the Board of Trustees.

Section 8. — Duties of the Adjutant
  1. Shall have charge of and keep a full and correct record of all proceedings of all meetings, keeping such records as National, Department and Detachment require.
  2. Render reports of membership annually or when called upon at meetings.
  3. Keep current lists of names, addresses and telephone numbers of all current members.
  4. Under direction of the Commandant, read and handle all communications and correspondence of the Detachment.
  5. Shall read all communications, documents and applications for membership.
  6. Perform any additional duties assigned by the Commandant and/or the Board of Trustees.

Section 9. — Duties of the Paymaster
  1. Shall have charge of all funds and see that they are safely deposited in a local bank or banks as designated by the Board of Trustees.
  2. Shall prepare a monthly report for the Detachment body, reflecting the condition of the finances of the Detachment with such recommendations as may be deemed expedient or necessary for raising funds with which to carry on the activities of the Detachment.
  3. Shall be responsible for ensuring that all checks written on the Detachment account are signed by a minimum of two (2) officers. The Paymaster, Commandant, Senior Vice Commandant, and Junior Vice Commandant should be legally qualified by bank records to sign checks.
  4. Shall retain and produce upon request, all financial records, vouchers and papers required for the proper maintenance of the Detachment account or for the required annual audit.
  5. Shall serve as a member of the Budget and Finance Committee and the Audit Committee.
  6. Perform additional duties assigned by the Board of Trustees.
Section 10. — Duties of the Chaplin
  1. Charged with the spiritual welfare of the members and will offer divine but non-sectarian services in the event of dedications, funerals, public functions, meetings, et cetera.
  2. Adhere to such ceremonial rituals as are recommended by the Marine Corps League Ritual.
  3. Prepare Notice of Death forms when required.
  4. Perform additional duties assigned by the Board of Trustees.
Section 11. — Duties of the Sergeant-at-Arms
  1. Assist the Detachment Commandant in keeping order at all meetings.
  2. Assure that only members in good standing of the Marine Corps League and authorized guests are admitted at meetings of the Detachment.
  3. Be responsible for the proper arrangement of meeting area, to include but not limited to the placement of the Colors, Charter and the Bible.
  4. Perform additional duties as assigned by the Board of Trustees.
Section 12. — Duties of the Service Officer
  1. Shall be responsible for bringing to the attention of members and their dependents the rights and benefits granted to them by law.
  2. Will also serve as Chairperson of the Veterans Affairs and Rehabilitation or Service Committee.
  3. Perform additional duties as assigned by the Board of Trustees.
Section 13. — Duties of the Junior Past Commandant
  1. The immediate Junior Past Commandant shall assume this office automatically and without further election as the new Commandant is installed into office.
  2. Shall be the Chairperson of the Nominating Committee and supervise the election of Officers.
  3. Serve as the Assistant Chairperson of the Membership Committee.
  4. Perform additional duties assigned by the Board of Trustees.
Section 14. — Officer Vacancies
  1. The order of succession to the office of Detachment Commandant shall be (1) the Senior Vice Commandant, and (2) the Junior Vice Commandant.
  2. In the event of other vacancies on the Detachment Board of Trustees, the Detachment Commandant, with the advice and consent of the remaining Board members, shall appoint a successor to fill the remaining unexpired term of office.
  3. In addition to death, resignation, or incapacitation, a vacancy will occur through failure to attend two (2) consecutive officially called meetings of the Board of Trustees, or in the case of removal from office for cause.
Article V  — Membership Eligibility

Section 1. — Catagories of Membership
  1. Regular Membership — Persons who are serving or have served honorably in the United States Marine Corps "On Active Duty", for not less than ninety (90) days after completion of boot camp and persons who are serving or have served in the United States Marine Corps Reserve and have earned no less than ninety (90) Reserve Retirement Credit Points, and United States Navy Corpsmen who have trained with Marine FMF Units in excess of ninety (90) days and have earned the Marine Corps Device (clasp) worn on the Service Ribbon and those who earn the Warfare Device authorized for FMF Corpsmen, shall be eligible for regular membership in the Marine Corps League. U.S. Navy Chaplains, having earned the FMF Badge serving with Marines, shall be eligible for regular membership in the Marine Corps League. Additionally, some Korean War Era Marines who were ordered to active duty prior to completion of Recruit Training or Officers Training and subsequently received an Honorable Discharge Prior to completion of ninty (90) days active or Reserve duty, shall be deemed eligible for Regular Membership.
  2. Associate Membership — Those individuals not qualified for regular membership in the Marine Corps League who espouse the principles and purposes of the Marine Corps League as contained in its Congressional Charter may upon application to the Detachment be accepted for Associate membership. Associate members, upon acceptance, will pay dues in the same amount as prescribed for regular members, including initiation fees. A membership pin and membership card indicating "Associate Member" will be issued by National Headquarters. An Associate Member shall be entitled to the rights, privileges, and benefits of a regular member, however, such member shall not vote on a membership application, an election of Officers, or hold an elective office.
  3. Honorary Membership — The Detachment may issue Honorary Membership with discretion, as prescribed in the National Bylaws.
  4. Life Membership — Any member of the Marine Corps League, who is in good standing, may become a Life Member upon proper payment of fees as required in the National Bylaws. A Life Member shall be subject to payment of NO further dues to a Detachment, Department, or National Headquarters. Such member shall have all the privileges, rights and benefits enjoyed as a member, so long as the Member shall live. A Life Membership fee shall be paid in full to National Headquarters (through the Detachment Paymaster) with no discounts, no rebates, and no installment plan, whether such fee is paid by the individual or awarded by a Detachment. All Medal of Honor recipients who are members of the Marine Corps League shall be carried on the rolls as Paid Life Members.
Section 2. Membership Application
  1. Applications for membership shall be accepted and processed in accordance with the provisions set forth in the National MCL Bylaws (using the MCL application form, checking and verifying proof of service, signature of a sponsor, cash or check for the full amount required).
  2. Application for Associate membership — Individuals who are serving or have served in other branches of the Armed Forces of the Unites States must have served honorably.
  3. Individuals applying for Associate Membership must have reached the statutory minimum age for enlistment into the United States Marine Corps prior to being enrolled as an Associate Member.
  4. Applicants for membership must be approved by a majority of the members present and voting at a business meeting.
Section 3. — Membership Dues and Fees
  1. The payment of annual National membership dues entitles all members in good standing an automatic subscription to the Marine Corps League publication and enrollment privileges in any National Group Insurance Program that may be in effect.
  2. The MCL National Budget and Finance Committee recommends dues fees for approval of
    National Delegates assembled at a National Convention.
  3. The Detachment Board of Trustees shall present its suggested dues rate to the Detachment membership, following the National Convention or no later than the October regular meeting.
  4. The membership year and annual dues shall expire on the last date of the anniversary month of each member's original dues date indicated on their Membership card.
  5. Any member who owes money to the Detachment shall not be in good standing until the debt is repaid.
Section 4. Delinquent Member
  1. As indicated in the MCL National Bylaws, a member shall be identified as delinquent whenever the member's dues are not paid and transmitted on or before the membership expiration date as shown on the members card.
  2. Such member shall be retained in the delinquent status for a minimum of one year, during which time the member may erase this status by making payment of all dues in arrears and all dues current.
  3. If payment has not been made and recorded by the National office prior to the expiration date, the member's name will be stricken from National, Department and Detachment rosters.
Article VI  — Subsidiaries and Subordinate Groups

MCL National Bylaws, Article Seven shall be applied as needed by this Detachment.

Article VII  — Grievance and Discipline

MCL National Bylaws, Administrative Procedures, Chapter Nine shall be applied as needed. All Grievance and Discipline procedures must be conducted in accordance with the regulations.

Article VIII  — Amendments

Section 1.

These Detachment Bylaws may be amended or altered in whole or in part at any regular or special meeting of the Detachment by two-thirds vote of the membership present and voting, provided such action has been announced a minimum of twenty five (25) days prior to the date of the meeting.

Section 2.

Detachment Bylaws shall become effective upon approval of a two-thirds majority of the members of the Detachment present and voting, subject to approval of the Department Judge Advocate.

Article IX  — Budget and Finance

Section 1.
  1. In March of each fiscal year the Detachment Commandant, with the concurrence of the Board of Trustees, shall name a Budget and Finance Committee and shall order the Committee to prepare and submit to the Detachment a proposed budget for the upcoming year.
  2. The Budget and Finance Committee shall submit the proposed budget to the Detachment at the April meeting.
Section 2.
  1. During the second quarter of the calendar year the Detachment Commandant, with the concurrence of the Board of Trustees, shall name an Audit Committee and shall charge the Committee to perform a comprehensive and thorough audit of the Detachment's financial situation.
  2. The Committee shall report the results of their findings to the membership not later than the July monthly meeting.
Section 3.

The Detachment Commandant shall have the power to request Emergency Funds up to $100.00.

Section 4.

No member may spend more than $150.00 from the treasury without prior permission of the Board of Trustees.

Section 5.

When cash is being collected in a fund-raising event,
  1. the cash will be placed in a locked box as it is collected,
  2. the cash will be counted by no less than two members at the conclusion of the day or of the event, and
  3. the cash will immediately be given to the Paymaster, or someone designated by him, for deposit into the Detachment's bank account.
Section 6.

  1. The Commandant, or the Board member designated to assume his/her role if the Commandant cannot attend, will be reimbursed for travel expense at the current published IRS rate for charity travel when such expense is incurred as the Detachment's representative to official, scheduled Department and Division meetings. A voucher with a map/program printout attached showing miles from home to meeting site and requesting expense payment shall be submitted to the Paymaster.
  2. With advance approval of the Board, the Commandant or the Board member designated to assume his/her role, if the Commandant cannot attend, may be reimbursed for hotel lodging expense, including taxes, up to the published meeting rate at the host hotel rate, when overnight stay is necessary. A voucher with hotel bill attached will be submitted to the Paymaster for reimbursement.

Article X  — Recall

Section 1.

An appointed officer may be recalled by the Detachment Commandant for cause.

Section 2.

Any elected or appointed officer may be recalled at any regular or special meeting of the Detachment by two-thirds vote of the membership present and voting, provided such action has been announced a minimum of twenty-five (25) days prior to the date of the meeting.


Article XI — Marine of the Year

Section 1. — Marine of the Year Committee
  1. A special committee with full powers and consisting of former recipients of the Marine of the Year Award shall be set up at or immediately after the monthly business meeting which precedes the Annual Awards Banquet by at least two months.
  2. Members of the committee must be regular members in good standing of the Marine Corps League.
  3. The committee shall consist of a minimum of three members.
  4. The committee shall be called the Marine of the Year Committee and may also be referred to unofficially as the Marine of the Year Society.
Section 2. — Purpose of the Committee
  1. The purpose of the committee shall be to choose the next Marine of the Year who shall be the recipient of the Marine of the Year Award at the upcoming Annual Awards Ceremony.
Section 3. — Committee Chairmanship and Meetings
  1. The committee shall choose the past year's Marine of the Year to act as chairman.
  2. The committee shall meet in private at a date, time and place of their choosing.
Section 4. — Qualified Nominees
  1. The nominees shall be chosen based on their participation over the past year as regular members of the Detachment in activities or any duties required of them including the obligations of their offices and which bring honor, acclaim, and prestige to Detachment 1106.
Section 5. — Nominations
  1. Members may not campaign for nomination. Actively seeking a nomination will result in automatic disqualification.
  2. Regular members of the Detachment may submit written nominations to the chairman of the committee for consideration. To be considered, nominations should explain why the nominee was chosen as stated in the Qualified Nominees section above.
Section 6. — Balloting
  1. The choice of the new Marine of the Year will be delayed for two weeks after the committee is formed to allow for the receipt of nominations from members of the Detachment outside of the committee.
  2. The Marine of the Year shall be chosen by secret ballot of the committee members. This ballot will be completed by the committee no later than the first Monday of the month preceeding the Annual Awards Banquet.
  3. Ties for a winner shall be broken by an additional ballot with the choices being the tied nominees only.
  4. In the event a tie cannot be broken, the committee shall have a discussion followed by an additional ballot until a winner is determined.
  5. The committee chairman shall determine when voting has been completed, count all ballots, announce that a winner has been chosen, and reveal the name to the committee.
Section 7. — Marine of the Year Plaque and Ribbon
  1. The name of the Marine of the Year shall be kept secret from those outside of the committee until the award is made.
  2. The committee chairman shall arrange for a plaque to be prepared.
  3. The committee chairman shall inform the Commandant to order the Marine of the Year ribbon.
  4. The Commandant will present the Marine of the Year award.
Section 8. — The Award

  1. The Marine of the Year award shall be made by the Commandant at the Annual Awards Banquet, or if the banquet does not occur, at a Monthly Business Meeting to be chosen by the committee.
Section 9. — Forwarding of Selection
  1. The selection of the Marine of the Year with the recommended written information will be sent to the Senior Vice Commandant of the Department of SC for consideration at the Department level and also the National level.
Section 10. — National Bylaws
  1. Any considerations or issues not covered by this Article will be covered by the National Bylaws of the Marine Corps League that pertain to the Marine of the Year Award.


~~~~~~~~~~~~~~~ • ~~~~~~~~~~~~~~~

The addition of Article IX, Section 6 was unanimously approved by Detachment 1106 members in attendance on 07-09-16.
The change to Article IV, Section 3j was unanimously approved by Detachment 1106 members in attendance on 05-13-17.
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