Under provisions set forth in Article IX of the 2018 Edition of
the Marine Corps League National Bylaws,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 and how much will be needed to cover financial
obligations for three months. Some portion of the remaining funds
will be donated to the Electric City Young Marines and other
not-for-profit organizations. 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.
Section 5. Non-discrimination
Detachment 1106
Shall never take part in any labor or management dispute or
issue;
Shall not be sectarian, political, and partisan;
Shall not be based on race, color, creed, nationality, or
sex;
Shall not be used as a medium of political ambition or
preferment; and
Shall not use former or present military rank or former or
present civilian position as the basis for special consideration
and preferment.
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 Rules of Order, Newly Revised.
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.
The Board of Trustees shall meet at least once each quarter and
as often as the Commandant may deem necessary.
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.
The Commandant, Senior Vice Commandant, and Junior Vice
Commandant 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.
In the event the Junior Past Commandant cannot serve, the post
will revert to the previous Junior Past Commandant.
The government and management of the Detachment are entrusted
to the Board of Trustees.
Section 3. — Election Procedures
In March the Commandant shall instruct the Junior Past
Commandant to form a Nominating Committee consisting of him/her and
two (2) other members.
The nominating committee shall prepare a recommended slate of
officers for presentation during the April meeting.
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.
The election of officers shall be the last order of
business.
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.
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.
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.
The newly-elected officers shall assume their respective
offices immediately following the installation ceremony.
Selection of the Installing Officer will be the responsibility
of the current Detachment Commandant.
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.
The Installing Officer must be an elected or past National
officer, an elected or past Department officer, or a past
Detachment Commandant.
It shall be the responsibility of the Detachment Adjutant to
prepare and submit the Report of Officer Installation and the
Detachment Officer Report.
The Report of Officer Installation and the Detachment Officer
Report must be forwarded to the Department Adjutant within five (5)
days of the installation. [The Detachment Officer Report was last used in 2019. The form no longer exists. Bylaw needs to be updated.]
Section 4. — Duties of the Commandant
To preside at all meetings of the Detachment and Board of
Trustees.
Direct the affairs of the Detachment as prescribed by the Board
of Trustees.
Appoint committees as deemed necessary, subject to approval of
the Board of Trustees.
Serve as an ex-officio member of all committees.
Shall make the final ruling on questions of order, subject to
approval by the membership of the Detachment.
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
To serve as acting Commandant in the absence of the
Commandant.
To perform other duties as requested by the Commandant or the
Board of Trustees.
Section 6. — Duties of the Junior Vice Commandant
Shall assist the Commandant.
Shall assume the duties of the Commandant in the absence or
disability of both the Commandant and the Senior Vice
Commandant.
Shall be responsible for the entertainment and social events of
the Detachment.
Shall serve as Chairman of the Membership Committee.
Shall also perform the duties delegated by the Commandant or
the Board of Trustees.
Section 7. — Duties of the Judge Advocate
Shall be the advisor to the Board of Trustees on all legal
matters of the Detachment.
Shall research, interpret and advise on any matter or question
concerning the National, Department and Detachment Bylaws of the
Marine Corps League.
Shall be available to all Detachment Officers and committees
for legal advice pertaining to their duties and
responsibilities.
Shall serve as Chairman of the Detachment Bylaws
Committee.
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.
Shall also perform other duties as requested by the Board of
Trustees.
Section 8. — Duties of the Adjutant
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.
Render reports of membership annually or when called upon at
meetings.
Keep current lists of names, addresses and telephone numbers of
all current members.
Under direction of the Commandant, read and handle all
communications and correspondence of the Detachment.
Shall read all communications, documents and applications for
membership.
Perform any additional duties assigned by the Commandant and/or
the Board of Trustees.
Section 9. — Duties of the Paymaster
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.
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.
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.
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.
Shall serve as a member of the Budget and Finance Committee and
the Audit Committee.
Perform additional duties assigned by the Board of
Trustees.
Section 10. — Duties of the Chaplain
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.
Adhere to such ceremonial rituals as are recommended by the
Marine Corps League Ritual.
Prepare Notice of Death forms when required.
Perform additional duties assigned by the Board of
Trustees.
Section 11. — Duties of the Sergeant-at-Arms
Assist the Detachment Commandant in keeping order at all
meetings.
Assure that only members in good standing of the Marine Corps
League and authorized guests are admitted at meetings of the
Detachment.
Be responsible for the proper arrangement of meeting area, to
include but not limited to the placement of the Colors, Charter and
the Bible.
Perform additional duties as assigned by the Board of
Trustees.
Section 12. — Duties of the Service Officer
Shall be responsible for bringing to the attention of members
and their dependents the rights and benefits granted to them by
law.
Will also serve as Chairperson of the Veterans Affairs and
Rehabilitation or Service Committee.
Perform additional duties as assigned by the Board of
Trustees.
Section 13. — Duties of the Junior Past Commandant
The immediate Junior Past Commandant shall assume this office
automatically and without further election as the new Commandant is
installed into office.
Shall be the Chairperson of the Nominating Committee and
supervise the election of Officers.
Serve as the Assistant Chairperson of the Membership
Committee.
Perform additional duties assigned by the Board of
Trustees.
Section 14. — Officer Vacancies
The order of succession to the office of Detachment Commandant
shall be (1) the Senior Vice Commandant, and (2) the Junior Vice
Commandant.
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.
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
Regular Membership. Only the following may be regular members
of the MCL:
(1) Marines who are serving or have served honorably* in the
United States Marine Corps or the United States Marine Corps
Reserve;
(2) U.S. Navy Corpsmen (i) who are serving or have served
honorably* in the United States Navy and who have trained with
Marine FMF units in excess of ninety (90) days and earned the
Marine Corps device (clasp) worn on the Service Ribbon, (ie;
Southwest Asia Service Medal, Vietnam Service Medal, Armed Forces
Expeditionary Medal, etc) and (ii) who earn the Warfare Device
authorized for FMF Corpsmen. U. S. Navy Hospital Corpsman must have
satisfactorily completed the Field Medical School (FMSS), have been
permanently assigned to an FMF Command and have completed the
appreciate sections of the Personnel Qualification Standard, both
of which must be noted on the DD Form 214. An award of the Fleet
Marine Force Ribbon (FMF Ribbon) (1 Sep 1984-30 Sep 2006) or the
Enlisted Fleet Marine Force Warfare Specialist Qualification
(EFMFWS) Badge (1 Oct 2006-present) may serve as prima facie
evidence of eligibility; and
(3) U.S. Navy Chaplains who are serving or have served honorably*
in the United States Navy and who have earned the FMF Badge serving
with Marines. U. S. Navy Chaplains must have been assigned
permanent duty with Marine Corps Operating Forces and have
completed the appropriate sections of the Personnel Qualification
Standard and both of which must be noted on the DD Form 214. An
award of the Fleet Marine Force Ribbon (FMF Ribbon) (1 Sep 1984-31
Dec 2005) or the Fleet Marine Force Qualified Officer (FMFQO)
Insignia (1 Jan 2006-present) may serve as prima facie evidence of
eligibility.
Note * - “Served Honorably” is determined by the last
DD Form 214 or certificate of discharge that the applicant
received. A General Discharge under Honorable Conditions is
acceptable.
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.
Honorary Membership — The Detachment may issue Honorary
Membership with discretion, as prescribed in the National
Bylaws.
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
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).
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.
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.
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
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.
The MCL National Budget and Finance Committee recommends dues
fees for approval of
National Delegates assembled at a National Convention.
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.
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.
Any member who owes money to the Detachment shall not be in
good standing until the debt is repaid.
Section 4. Delinquent Member
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.
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.
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 X 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.
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.
The Budget and Finance Committee shall submit the proposed
budget to the Detachment at the April meeting.
Section 2.
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.
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,
the cash will be placed in a locked box as it is
collected,
the cash will be counted by no less than two members at the
conclusion of the day or of the event, and
the cash will immediately be given to the Paymaster, or someone
designated by him, for deposit into the Detachment's bank
account.
Section 6.
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.
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.
Two months prior to the Detachment’s Annual Awards Program, the prior year Marine of the Year, or the next previous recipient, acting as Chairman, shall pick two previous MOY recipients to form a Marine of the Year Committee.
Section 2.
The committee members shall meet and nominate for the MOY award a number of Detachment members who are in good standing and have not previously received the award.
Section 3.
The committee shall then contact the prior recipients of the award, who are themselves in good standing, give them the names of the nominees, and ask if they wish to vote for one of them or another not yet nominated member.
Section 4.
The member receiving the most votes shall be named Marine of the Year.
Section 5.
In the event of a tie, the nominee or nominees with the least number of votes shall be dropped and the voting shall be repeated until a winner has been chosen.
Section 6.
The name of the winner shall not be announced until the award is presented, except that the Quartermaster shall be given the name in order that he can order a plaque and a Marine of the Year ribbon.
Article XII — Dissolution
Dissolution of the Detachment, if it shall occur, shall be done in
accordance with Article XII of the National Bylaws and Title 33 of
the South Carolina Code of Laws.
Article XIII — Record Keeping
Minutes of all committee meetings and the contents of all reports to the Detachment files, to MCL Department, Division, or National offices, and to all government agencies, whether local, state, or Federal, shall be submitted to the Detachment Adjutant for recording in the Minutes.
