Constitution of the Ohio Division
Sons of Confederate Veterans
Amended April 2, 2005
Ohio Division Convention
Worthington Public Library
PREAMBLE
Charge to the Sons of Confederate Veterans:
“To you, Sons of Confederate Veterans, we submit the vindication of the Cause for which we fought; to your strength will be given the defense of the Confederate soldier’s good name, the guardianship of his history, the emulation of his virtues, the perpetuation of those principles he loved and which made him glorious and which you also cherish. Remember, it is your duty to see that the true history of the South is presented to future generations.”
Lt. General Stephen Dill Lee, Commander General, United Confederate Veterans, New Orleans, Louisiana, 1906
ARTICLE I - TITLE
Section 1. This Division shall be known as the Ohio Division (herein referred to as the Division), Sons of Confederate Veterans and shall be made up of individual men having joined the Sons of Confederate Veterans through the International Headquarters of the Sons of Confederate Veterans. Each member of the Ohio Division shall be a member of a Camp.
Section 2. The Ohio Division, Sons of Confederate Veterans, shall be a non-profit corporation; incorporated under the laws of Ohio, with principal office being the home address or P.O. Box of the Division Commander.
Section 3. This Constitution shall be the bylaws of the Ohio Division, Sons of Confederate Veterans, for all purposes under State or Federal law.
Article II: Object, Purpose and Procedure
Section 1: We, the Compatriots of the Ohio Division of the Sons of Confederate Veterans, with the blessing of Almighty God, have as our mission the promotion of pride and honor in Southern heritage through supporting our Camps by supplying information, leadership and resources, to wit: to collect and preserve such manuscripts, books, papers, documents, flags, relics and memorabilia relating to the War Between the States as would be of assistance in the preparation and perpetuation of an impartial history of the same.
Section 2: To illuminate and clarify the Constitutional, political, social and economic issues and events leading to the War, and, during and after the war, the patriotic motives and heroism of our ancestors: the Confederate Soldier, Sailor, Marine and Government Official, doing so with memorial services, educational programs and other activities recognizing their service.
Section 3: To perpetuate the memory of our Confederate ancestors and the people of the South who supported them. To erect monuments, markers and memorials to them and to properly identify, care for and preserve all existing Confederate graves and markers, battlefields and prisoner of war locations within the State of Ohio and elsewhere.
Section 4:. To cooperate with the National Confederation and the Army of Tennessee Department of the Sons of Confederate Veterans.
Section 5: In all matters of procedure not otherwise specified in this document, reference and adherence to the bylaws of the International SCV Constitution shall be followed. No part of the Ohio Division Constitution shall be in conflict or supercede the International SCV Constitution and Bylaws. In the event that any such conflict exists, that section of the Ohio Division Constitution shall be rendered null and void unto itself and no other provisions shall be affected.
ARTICLE III - DIVISION CONVENTION
Section 1. The legislative body of the Ohio Division shall be the Division Convention, to be held annually in March of each year. Each Camp will be notified at least ninety days in advance of the Convention of the exact date and place thereof.
Section 2. The Division Commander, or in the event of his absence, the Lieutenant Commander, at the request of a majority of Camps, or of the Division Executive Council, shall convene the Confederation in special meeting, if he deems the emergency sufficient.
Section 3. The Division Convention shall be convened by the Commander of the Camp where the meeting is held. After prayer by the Division Chaplain, and the address of welcome by the host Camp Commander, the Division Commander shall take charge of the Convention. The Division Adjutant shall call the roll of Division Officers and of its Camps in numerical order. As the Camps are called, the Camp Commander or his designated chairman of each delegation will answer and the Division Adjutant shall record all Convention proceedings.
Section 4. Every Compatriot in good standing shall be privileged to attend all Ohio Division meetings.
Section 5. The rules of procedure at all Division Convention shall be those set forth in Robert's Rules of Order, Newly Revised, except wherein they may be altered by the Division Convention pursuant to roll call vote by simple majority.
Section 6. All legislative power shall be vested in the Division Convention, or a special meeting requested by a simple majority of Camps in good standing. A special convention meeting must be requested of the Division Adjutant, in writing, at least 60 days prior to the suggested date of the meeting. A special convention, requested in the aforementioned manner, shall be duly set by the Division Adjutant.
Section 7. (a) The representation of the various Camps at the Division Convention shall be by delegates, as follows: One delegate for every ten (10) active members in good standing in the Camp and one additional for a fraction thereof of five (5) or more; provided, that every Camp in good standing shall be entitled to at least two (2) delegates. Each delegation must have a letter of credentials signed by the Camp Commander or Adjutant, or they cannot be recognized. Such letter shall name the Chairman of the delegation and the names of the other delegates authorized to represent the Camp. If the Chairman of the delegation named is not in attendance at the convention, those delegates in attendance are authorized to elect a Chairman from their number. In the event that all of the delegates to which the Camp is entitled are not in attendance, the number of votes which the Camp is entitled to cast shall be prorated among the Camp's delegates present, if more than one. If only one delegate is present, that delegate shall be entitled to cast the total number of votes to which his Camp is entitled as hereinbefore stated. All delegates must be in good standing in the Camp they represent. For the purposes of representation and voting at Division Conventions, a member or delegate is not in “good standing” if his annual per capita tax and, if applicable, recording fee or reinstatement fee was not transmitted to International Headquarters by the deadline established in International Headquarters Constitution.
(b) At the Division Convention each Camp shall be entitled to cast the number of votes equal to the number of delegates in attendance, unless a Camp shall be deemed not to be in good standing for failure to comply with Article IX, or shall have been suspended under Article X herein, in which case all Camp voting rights shall be forfeited.
Section 8. (a) In all questions submitted to a Division meeting or Division Convention, the chair shall put the question for a voice vote. If the roll of Camps shall be called for, then the Camps shall be called in order, the number of votes each is entitled to stated, and the vote for and against the motion announced by the chairman of each delegation.
(b) Balloting shall be by Camps, the chairman of the delegation depositing the written ballots for the Camp, where written ballots are required.
(c) When there is but one candidate for an office, upon motion, and by unanimous consent, a formal ballot may be dispensed with, and the candidate is elected by acclamation. In an election for any office for which there is more than one candidate, voting shall be by secret ballot. Voting for all contested offices shall take place at one time. Balloting shall be by Camps. The Chairman of a Camp delegation shall present the portion of the Credential form, which has been initialed by a member of the Credentials Committee and returned to the Compatriot who presented the form at Registration. In return, the Chairman of the Camp delegation shall receive a ballot from the Credentials Committee on which is marked the total number of votes which may be cast on that ballot. The Camp delegation, or its Chairman, shall mark the ballot, place the same into the ballot box and depart the voting room. A Compatriot voting by virtue of office, as provided for herein, shall follow the procedure outlined herein except that it shall not be necessary for that Compatriot to furnish a Credential form. Upon completion of the voting procedure the Credentials Committee shall be the Tellers and shall count the votes. The candidates and Camp Commanders may designate watchers to witness the counting of the votes. The results of the election shall be placed in the custody of the Chairman of the Credentials Committee who shall announce the results when called upon by the Division Commander. In balloting for officers, a majority of all votes cast shall be necessary to elect. In any election in which a candidate does not receive a majority, the two candidates who receive the most votes shall be voted on in accordance with the procedure described herein until one candidate receives a majority of the votes cast.
(d) There shall be no voting by proxy at any Division Convention.
Article IV, Division Officers
Section 1: The
Commander shall be elected and shall be the executive head of the
Division with full power to enforce the provisions of the Constitution. He
shall be Chairman of the Division Convention. He shall be empowered to act
for the Division as circumstances, in his judgment, require, in cases not
provided in the Constitution subject to appeal by the Division Convention.
His term of office shall be two (2) consecutive years.
Section 2: The Lt. Commander shall be an elected office and shall perform the duties of the Commander in his absence, and in case of his death or resignation, shall become Commander for the unexpired term. The Lt. Commander shall assist the Commander in the performance of his duties as directed by the Commander. His term of office shall be two (2) consecutive years.
Section 3: The Adjutant shall be appointed by the Division Commander and shall keep correct records of proceedings of the Convention and other business meetings and issue the general orders of the Commander under his signature. He shall collect and be the custodian of the funds of the Division, and he shall make reports of the condition of the treasury when called for by the Commander or the Division Convention.
Section 4: Appointed officers shall be filled by the Division Commander and shall serve at his pleasure. The Division Commander may appoint all special committees necessary to the performance of the executive function. Upon the resignation or death of a duly elected Lt. Commander, the Division Commander shall appoint a new Lt. Commander to fill the unexpired term of office.
Section 5: The Judge Advocate shall be appointed by the Commander and shall advise him on all legal matters and the interpretation of the Division Constitution..
Section 6: The Division Chaplain shall be appointed by the Commander and shall be the spiritual leader of the Division. He will perform such divine and non- sectarian services, and duties as may be necessary in conjunction with his office.
Section 7:
The Division Historian shall be appointed by the Commander and
shall keep the official history and records of the Division business with
assistance from the Division Adjutant. This information will be made
available to all SCV members upon request.
ARTICLE V - DIVISION GENERAL EXECUTIVE COUNCIL
Section 1: The Executive Council shall be composed of the Division Commander, who shall be the presiding officer, the Lt. Commander, the Division Adjutant, the Division Judge Advocate, the immediate past two Division Commanders, and each Camp Commander and/or his designated representative.
Section 2: The Executive Council shall have all necessary power in the administration and regulation of the affairs of the Ohio Division not especially delegated to or made a part of the duties of some other official committee. One of the duties of the Division Executive Council shall be the formulation, approval and implementation of a strategic plan for the Division, subject to a simple majority vote approval by the Ohio Division Convention. Between annual Conventions of the Ohio Division, the administrative power shall be vested in the Executive Council of said Division.
Section 3. The term of office of all members of the Division General Executive Council shall commence immediately upon adjournment of the Division Convention at which they were elected or appointed to office, and shall end at the adjournment of the Division Convention at which their terms of office expire; except that Past Division Commanders shall be and remain members of the Division General Executive Council for the duration of their lives or until they elect to resign therefrom.
Section 4. All questions not satisfied at convention affecting the election and/or the eligibility of Division Officers shall be referred to and determined by the Division General Executive Council. The Division General Executive Council shall announce their decision within ninety (90) days from the convening of the convention.
Section 5. A majority of voting members thereof shall constitute a quorum of the Division General Executive Council. All such members are encouraged to personally attend each meeting. However, in the event that a member is unable to attend and fulfill his duty thereto, that member may send a representative in his place, who may vote his proxy.
Article VI, Camp Organization
Section 1. Camps, being the fundamental units of the Division, shall be organized pursuant to Article XI of the SCV International Constitution and their own respective internal bylaws, thereby preserving the autonomy and independence of each.
Article VII, Annual Reports
Section 1. Each Camp Commander shall make an annual report, in duplicate, utilizing forms furnished by International Headquarters, giving such information as may be required by the Division Executive Council. Reports must be submitted by July 1 (or as required by International Headquarters), one copy forwarded to the Division Commander, the other to International Headquarters. The report will include a Camp roster and payment of any per capita taxes not previously submitted to International Headquarters. In addition, at his discretion, the Camp Commander may submit a final report at the expiration of his term of office.
Section 2. The Division Commander shall make an annual report, in duplicate, using forms furnished by International Headquarters, giving such information as may be required by the Division Executive Council. The Report must be submitted by July 15 (or as required by International Headquarters), one copy to be mailed to the Commander, Army of Tennessee, and the other to International Headquarters. At his discretion the Division Commander may submit a final report at the expiration of his term of office.
Article VIII, Finance
Section 1. A Division financial report for the prior fiscal year shall be submitted to the Convention and be made part of the record. The report shall be published in the Division newsletter.
Article IX, Penalties, Charters, Suspensions
Section 1. All issues regarding penalties, charters and suspensions will be governed pursuant to Article XIV of the SCV International Constitution
Article X, Discipline of Camp Members
Section 1. Each Camp of the Sons of Confederate Veterans shall be the judge of its own membership, subject to the restrictions of the SCV International Constitution.
Article XI, Prohibitions
Section 1. No discussion of religious subjects, nor any discussion of political subjects that are identifiable with a political party, nor any endorsement of aspirants for political office, nor any political action shall be permitted in any Ohio Division Convention, meeting or function.
Section 2. No debts shall be contracted by this Division except upon approval of the Division General Executive Council.
Section 3. No assessment shall be levied by the Division upon its members other than the Division dues, except by resolution of the Division Convention.
Section 4. No one can be elected or appointed an officer of this Division unless he is a member in good standing of one of its Camps.
Section 5. No legal action against or on behalf of the Sons of Confederate Veterans, its officers and/or members shall be undertaken or entered into by any member of the Sons of Confederate Veterans in which that member proposes to act as a representative or agent of the Sons of Confederate Veterans without prior approval of the Division Executive Council.
Article XII, Official Symbols
Section 1. The official Flag of the Sons of Confederate Veterans shall be the Battle Flag of the Confederate States of America.
Section 2. The official seal of the Ohio Division of the Sons of Confederate Veterans shall be the Seal of Confederate States of America, until a new one is adopted.
Section 3. The official flag of the Ohio Division shall be the ensign adopted by the Convention of October 11, 2003
Article XIII, Committees
Section 1. The Division Commander shall form standing committees, appointed by the Division Commander, as he deems necessary to carry out the purpose of the Division and to act upon his duties as outlined therein.
Section 2. The committees may subdivide themselves for purposes of facilitating their labors, and shall keep a record of their meetings, make reports annually, or more often, if required by the Division Commander, and shall turn over their record to the Division Adjutant at the expiration of their term of office.
Section 3. Special committees may be appointed by the Division Commander as he deems necessary, or shall be appointed by him when so ordered by the Division Convention or by the Division General Executive Council.
Section 4. All committees shall meet when called by their chairman. Standing committees shall make written annual reports and recommendations to the Division Convention, via the Division Commander. Special committees shall submit written reports to the Division Commander at the conclusion of their assigned duty.
Section 5. There shall be a committee known as the Credentials Committee. The members of the Credentials Committee, which shall include the Division Adjutant, shall be appointed prior to the commencement of Registration at the Division Convention. There shall be not less than three (3) or more than five (5) members of the Credentials Committee. There shall be sufficient members of the Committee to be present at the Registration desk at the Division Convention at all times during the published times of Registration. This Committee shall receive the Credential forms from the Camps at Registration for the Division Convention, verify the Credentials by report of the Division Adjutant, arrange the roll of the Convention and assign each Camp its number of votes. This report shall be signed by the committee and given to the Division Commander. After the approval of this report, the meeting shall proceed to business on the basis fixed therein. The Credentials Committee shall have charge of the process of balloting for officers when elections occur in accordance with this Constitution.
ARTICLE XIV - CHANGE OF RESIDENCE
Section 1. Any member in good standing in a Camp moving away from his Division or Camp shall be entitled to a certificate from his Camp stating his membership and the duration thereof.
ARTICLE XV - DISSOLUTION CLAUSE
Section 1. In the event of dissolution, the residual assets of the Ohio Division, Sons of Confederate Veterans will be turned over to the International Headquarters of the Sons of Confederate Veterans, as the Executive Council shall determine.
Section 2. It is the desire and intention of the Sons of Confederate Veterans to function at all times as an organization which is approved for exemption from Federal income taxes and which is qualified to receive donations which are deductible by the donor for income tax purposes under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).
Article XVI : Amendments
Section 1: This Constitution may be amended at any Division Convention by the vote of two-thirds of the total authorized representation present and voting, provided that the proposed amendment shall have been sent to the Division Adjutant at least sixty (60) days in advance of the Division Convention. It shall then be the duty of the Division Adjutant to send the amendment to each Camp in good standing at least thirty (30) days in advance of the Convention.