Chapter Operations

Chapter

MEDITERRANEAN CHAPTER AUSA

VICENZA, ITALY

BY-LAWS

ARTICLE I

DUTIES OF OFFICERS

 Section 1:  Officers at the end of their term of office will ensure that all organization records to include checkbooks, financial statements, meeting minutes, ect., of the organization be handed to the new board of governors/officers within one (1) week, or placed in a permanent file of the new organization to be available to their successors.  Documents pertaining to the private organization are not property of the individual officers and may not be withheld or destroyed.

Section 2:  Below are the duties of the officer positions:

President (elected):  Principal executive officer of the chapter. Presides at the meetings of the Executive committee and at General Membership Meetings. Appoints, with the concurrence of the Executive Committee, any non-elected officers and committee chairpersons. Responsible for insuring a sound organization and effective overall chapter management.

First Vice President (elected):   Assists the president in the overall management of the chapter. Presides in the president's absence. In the event the president is no longer able to serve, assumes the duties of the president until a special election can be held.

Additional Vice presidents (appointed): To support particular chapter programs a chapter may establish additional Vice Presidents. Some chapters have designed Vice Presidents for Renewals, Retirees, USAR, ARNG, Reserve Components, Public Relations, Corporate Membership and/or Awards. Normally, these are appointed positions.

Secretary (appointed): Serves as primary administrative officer for the chapter. Keeps minutes of all chapter meetings. Responsible for reporting of chapter activities to National, maintains membership rosters.

[NOTE: Detailed administrative duties can be set forth in written instructions prepared by the President.]

Treasurer (appointed):

The Treasurer is responsible for:

a) Proper receipt and disbursement of funds belonging to the chapter and the safeguarding of funds and other assets.

b) The maintenance of necessary accounting records and the preparation and submission of financial reports as outlined in the chapter administrative procedures.

c) Maintenance of relations with banks and other financial institutions.

d) Preparation of written procedures governing financial administration for approval by the Executive Committee.

e) Submitting to the Treasurer at National, on forms provided by National Headquarters, financial reports covering the calendar year. Date of submission will be as indicated by the National Treasurer.

When considered necessary because of the volume of the workload, the President may appoint an Assistant Treasurer.

ARTICLE II

ELECTIONS

Section 1:  Elections will be held when deemed necessary.  The only two positions needed to be elected for are President and First Vice President, all others are appointed by the President.

Section 2:  The length of terms are dependent on DEROS (Date Expected to Return Overseas).  Requests for volunteers within the chapter are the procedures for replacing an incumbent if an office becomes vacant.

ARTICLE III

MEETINGS AND MEMBERSHIP NUMBERS

Section 1:  General membership meetings will occur quarterly running off AUSA national’s yearly calendar of June to July.  The location of the meetings will be in a public place and will not be held in a government work place or be appropriated by government funds.  Notification of the quarterly meetings will be sent via email.

Section 2:  Upon change of officers, a list with names, addresses and telephone numbers and email addresses of all officers will be forwarded to the approving authority immediately.

Section 3:  Current membership numbers must be provided to the approving authority annually and when requesting revalidation of operating approval.  Total numbers of SOFA status members and other members must be identified separately and the ratio of SOFA status members to non-SOFA status members determined.

Section 4:  A copy of the minutes taken at all meetings will be forwarded to the approving authority.

ARTICLE IV

SPECIAL COMMITTEES

Section 1:  Currently no special committees are being assembled.  An assembly of a committee will only be established if the chapter exceeds 15 executive members or a sub chapter is created.

ARTICLE V

EXPENDITURES

Section 1:  Expenditures will be limited to those required in support of the activities listed in Article IV of the constitution.

Section 2:  Expenditures will not be utilized by Chapter executives for personal reimbursement with the exception of the annual meeting held in Washington D.C.  Normal expenditures will be limited for food and drink at membership meetings and social occasions.  The cost per event will depend on the foreign currency rate.  There will be no set limit to how much is spent at one specific event, but note will be taken in order to achieve goals set in the annual plan and other planned activities.  Petty cash will only be used to offset the cost of currency exchange. 

ARTICLE VI

INCOME

Section 1:  The chapter’s main source of income is from donations and membership dues.

Section 2:  There are no annual dues for membership.  Once their membership expires they are not automatically enrolled for another term.  If the member departs the community they continue to be a chapter member and may elect to join the chapter in their new geographical area.

Section 3:  Fund raising proceeds will not be used for the organization’s administrative expenses.  If in the even the chapter uses those funds, the maximum allowable is no more than 30 percent. 

ARTICLE VII

FINANCIAL CONTROL

                                                           
Section 1:  The accounting records will be maintained to reflect the assets, liabilities, net worth and financial transactions of the organization.  A Standing Operating Procedure (SOP) describing the accounting system used by the organization will be prepared and maintained in a permanent file for reference and inspection purposes.

Section 2:  Financial statements will be prepared at least quarterly and presented to the board for review and comment.  A copy of the approved financial statements, signed by the president and the treasurer, will be submitted semi-annually (January through June and July through December) to the approving authority.  The financial statement should consist as a minimum of the balance sheet, a profit and loss statement (income and profit), and fund equity statement and bank reconciliation.

Section 3:  Financial statements will be maintained by the organization for a minimum of four years.

Section 4:  The Chapter president has ultimate authority in the direction and execution of expending chapter funds.

ARTICLE VIII

BONDING

Section 1:  When total cash on hand, cash in the bank and saleable merchandise to which any elected officer or employee of the organization has access to exceeds $500.00, that position will be covered by a fidelity insurance, procured at the organization’s expense from a commercial firm, in an amount sufficient to provide full protection of assets.

Section 2:  This organization will not own or solicit merchandise to the local population.  The organization may have items at which person(s) may make a donation to obtain.

Section 3:  Copies of the current fidelity insurance will be submitted to the approval authority.

ARTICLE IX

LIABILITY INSURANCE

Section 1:  Liability insurance is provided by this chapter’s parent organization in the amount of $1,000,000.  Organizations will obtain adequate insurance as protection against public liability claims, property damage claims, or other legal actions.  Liability insurance must be considered if organizations sponsor special events and specifically for racing and flying clubs

Section 2:  Copies of the current liability insurance will be submitted to the approving authority.  Insurance must be obtained from commercial firms at the organization’s expense.

ARTICLE X

AUDIT

Section 1:  Auditors contracted by private organizations must comply with audit procedures and requirements in accordance with AR 210-22 and AER 210-22.

Section 2:  An organization using double entry accounting system, regardless of source of income over $1,000.00, will be audited by a qualified auditor.

Section 3:  This organization which engages in fund raising or resale activities will be audited by an appointed committee of three organization members who hold no office or by a qualified auditor.

Section 4:  Organizations with a gross annual revenue of $1,000.00 will be audited at least once per year or upon change of treasurer, at their own expense, by a qualified auditor.  The audit will, at a minimum, include:

a.  A through check to ensure that all transactions are recorded and properly documented and account concurrently posted.  This establishes an audit trail.

b.  Inventory of organization owned property.

c.  Verification that financial statements are accurate and are issued as required for review.  Financial statements will be prepared and an audit is required upon change of treasurer regardless of time elapsed since the last audit.

d.  A cash count of all cash on hand, reconciliation of bank statements, check of accounts receivable and reconciliation of accounts payable and other liabilities

Section 5:  The auditor will furnish the organization president with a written report on audit results.  The organization president will furnish a copy of the audit results to the approving authority within five days of receipt.

Section 6:  A corrective action reply by the organization president will be forwarded to the approving authority within thirty days.

Section 7:  Organization will retain audit reports and financial records for at least four years after audit completion.

Section 8:  Organizations using single-entry accounting system with income from only contributions, dues and assessments will be audited by either a PO member who holds no office and is at least 18 years of age or by a qualified auditor.

ARTICLE XI

DONATIONS/WELFARE CONTRIBUTIONS

Section 1:  A listing of all donations/welfare contributions made throughout the organizational year must be prepared and forwarded to the approving authority annually together with the annual audit report.  The list should contain the name of the recipient organization, purpose of the donation, date donation made and the dollar amount.

ARTICLE XII

RESALE AND FUND RAISING ACTIVITIES

Section 1:  This organization will not engage in any major resale or fund raising activities without prior written approval from the approving authority.

Section 2:  A letter requesting permission to conduct a fund raising event will be forwarded through the Private Organization Coordinator to the approving authority not less than thirty (30) days prior to the event.

Section 3:  The approval letter will be maintained at the location of the fundraiser at all times.  Fundraisers will be periodically inspected.  Those fundraisers that do not have the said approval letter will be closed down.

Section 4:  Use of DA facilities and equipment in support of fundraising activities is strictly controlled.  This organization will ensure that written approval for use of facilities is obtained from the Facility Manager prior to proceeding with evening planning.

Section 5:  All fundraising activities will be restricted to the US Forces controlled installation in areas designated by the approving authority.  Participation in fund raising activities will be limited to members of the US Forces and their family members; and members of the civilian component of the US Forces and members of their families who are authorized logistical support.  Money will not be solicited or accepted from any other individuals.

Section 6:  A disinterested person who holds no office will be appointed to inspect the records of the organization at the conclusion of the event to insure all income and expenditures have been properly entered on the accounting records of the organization and are supported by appropriate vouchers.  The inspector will provide a written report of findings to include a summary of tickets printed, tickets sold, administrative and prize expenses and net profits.  A copy of the written report with supporting documentation will be furnished to the organization and the approving authority within thirty (30) days of the events completion.  A copy of the written report with supporting documentation will be filed in the organization’s permanent file.

Section 7:  The organization will specify risk management procedures when planning and carrying out activities for their organization.  The organization will obtain written approval of their rick management assessment from the USAG Safety Office.

Section 8:  Fundraising events will not compete with AAFES or installation NAFI’s.  All fundraising events will be coordinated through the SJA office for a legal review.

Section 9:  DOD personnel will not endorse PO fundraising activities, personally solicit subordinates or prohibited sources, or require subordinates to participate in fundraising activities.  Military personnel will not engage in fundraising activities in a personal capacity while in military uniform.

Section 10:  An After Action Report will be submitted to the approving authority within thirty (30) days of the event completion.  The After Action Report will be prepared by a committee of at least three organizational members who hold no office and are present at the event.  The After Action Report will include a summary of the event (planning, execution, problems, suggestions and final distribution of funds).

ARTICLE XIII

EMPLOYEES

Section 1:  This organization does not employ individuals for the operation or administration of the organization.  The executive committee and elected officials are on a voluntary basis only.

ARTICLE XIV

TAXES

Section 1:  This organization will comply with all Federal, State and local tax laws and codes.  Additionally, this organization will comply with the tax laws of the country where they are located or operate.

Section 2:  This organization is responsible for obtaining private counsel to provide assistance in determining whether they are complying with the appropriate HN requirements.  (US Forces legal offices and other US Forces organizations are not authorized to provide the PO with advise on their obligations under HN law.)

Section 3:  When a parent organization controls taxes for local chapters, the local PO will furnish a statement to this.  The statement will be signed by an official of the parent organization’s headquarters.  Other Pos will obtain a statement of their tax status from the IRS.

ARTICLE XV

AFFILIATED CHAPTERS

Section 1:  The organization is an affiliated chapter of a private organization.  Their national constitution/bylaws have been reviewed and approved by DA and found to meet all requirements of AR 210-22.

Section 2:  If the organization is an affiliated chapter of a private organization whose bylaws have been reviewed and approved by DA, the organization must submit a letter containing a statement of the chapters standing with national, intended scope and substance of chapter activities and a statement that the standard chapter bylaws prescribed by the national headquarters have been adopted without change.  If any changes were made, the changes must be reviewed and approved by the approving authority.

ARTICLE XVI

RESCISSION

Section 1:  The constitution and bylaws shall be effective immediately after the approval by the organization and upon subsequent written approval by the installation commander or his designated representative.

Section 2:  Upon approval of the constitution and bylaws, all previously published constitution and bylaws will be rescinded.

ARTICLE XVII

RESTRICTIONS

Section 1:  There is no relationship between the organization’s activities, official duties and responsibilities of Department of Defense (DOD) personnel who are organization members or participants.

Section 2:  The organization constitution and bylaws must authorize ALL organization functions and expenditures.  Only the organization will choose its specific functions and expenditures.  DOD personnel acting in an official capacity will not influence these choices.

Section 3:  An organization will not be created, operated or administered by DOD personnel acting in an official capacity or on behalf of an official purpose to evade restrictions on expenditures of appropriated funds and/or non-appropriated funds.

Section 4:  An organization will not use or include in its title, logo or letterhead; the name, seal or acronym “DOD”; the name, abbreviation or seal of any military department or service; the seal, insignia or other identifying device of the local installation to include it’s programs, location and activities.

Section 5:  If any regulations are referred to in the organizations constitution or bylaws, other than AR 210-22 and AER 210-22, they must be attached to the request for approval to operate or the request for biennial revalidation with the relevant portions highlighted.

ARTICLE XVIII

RATIFICATION

BYLAWS HAVE BEEN APPROVED BY A MAJORITY VOTE ON 15 October 2008

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Chapter President