CCVMP BYLAWS - SEPTEMBER 22, 2014

CARROLL COUNTY VETERANS MEMORIAL PARK ASSOCIATION, INC.

BYLAWS

In accordance with Article XII. AMENDMENTS of the bylaws for the Carroll County Veterans Memorial Park Association, Inc., the following changes are effected and all previous changes to the bylaws are incorporated into the basic document herewith.

Article I. NAME

The name of the organization shall be:  Carroll County Veterans Memorial Park Association, Inc. (Also listed herein as the Association)

Article II. PURPOSE

1.  Association Purpose:

    a.  To plan, build, equip and maintain a park to honor military veterans who are currently living in Carroll County, who have lived in Carroll County at some time, or who have Carroll County connections.

    b.  To promote patriotism and to provide recognition to veterans, past and present.

    c.  To raise funds and accept donations to support the establishment and maintenance of a Veterans Memorial Park as a non-profit organization.


Article III. MEMBERSHIP

1.  Individual Membership:  Any Citizen of Carroll County or anyone interested in serving or honoring Veterans is eligible for membership in the Association.  Each member is entitled to one vote with the membership.

2.  Charter Members:  Those members who joined the Association on or before Veterans Day, November 11, 2000.

3.  Dues:  Dues shall be $5.00 for individual members and $25.00 for organizations, payable annually, on or before January 1st of  each year.  Members/organizations                                                               whose dues are two (2) months in arrears will be placed on the inactive roll, and will be placed in a non-voting status.  Active status may be reinstated by paying all dues in arrears.  (See Article IX. 2 below for related information).


Article IV.  WALL OF HONOR

1.  Wall of Honor Eligibility:  

    a.  Any individual who meets the criteria contained in Article III of the bylaws, and who is serving or has served honorably in the Armed Forces              

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during any era is eligible for recognition on the Wall of Honor.  This 
includes any period of service in the Armed Forces in which the individual is currently serving or has been honorably separated from active or inactive service.

    b.  Documentation of honorable service must be verified by the individual’s Discharge, DD Form 214, Certificate of Retirement, or other official documentation deemed legal, appropriate and acceptable by the Association’s Credentials Committee.

Article V.  KILLED IN ACTION (KIA) WALL

1.  Criteria for placing an individual’s name on the KIA Wall:

    a.  Must have been a veteran who served honorably in the Armed Forces.

    b.  Must have lived in Carroll County, Georgia at some time.

    c.  Must have been killed in action or have died of wounds as the result of enemy action or in the defense of the country’s allies.

    d.  This includes death as the result of:

        (1)  Combat action during wars declared by the U.S.

        (2)  Military action taken in response to threats against the U.S. or its allies.

        (3)  Acts of terrorism against the U.S. and its Armed Forces.

        (4)  Military action with a peacekeeping force.

        (5)  Confinement as a prisoner of war (POW).

        (6)  Friendly fire while engaged in combat with the enemy.

        (7)  Accidents determined to be in line of duty while serving in a 
combat zone and while engaged in military action against an enemy of the 
U.S. or its allies.

    e.  Final determination of eligibility for the wall rests with the Association’s Credentials Committee, who will verify all family claims, military/government papers, cemetery records, courthouse files, and other documentation deemed appropriate.

Article VI.  SERVICE CONNECTED DEATH (SCD) WALL

1.  Criteria for placing an individual’s name on the SCD Wall:

     a.  Must have been a veteran who served honorably in the Armed Forces.

    
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    b.  Must have lived in Carroll County, Georgia at some time.

    c.  Death must have occurred in the line of duty, and not a result of the deceased individual’s willful misconduct or negligence.  It is not necessary that death occur while actually performing military duties or during military operations to be service-connected.

   d.  Final determination of eligibility for the wall rests with the 
Association’s Credentials Committee, who will verity all family claims, military/government papers, cemetery records, courthouse files, and other documentation deemed appropriate.  Entries on the wall will include name and date of death.
Article VII.  GLOSSARY 

1.  The following glossary of terms extracted from AR 600-8-1 are provided to assist the Credentials Committee in defining/determining eligibility for the KIA and SCD Walls:

    a.  Killed in Action (KIA):  A casualty category applicable to a hostile casualty, other than the victim of a terrorist activity, who is killed outright or who dies as a result of wounds or other injuries before reaching a medical treatment facility.  (See Art. V. above).

    b.  Hostile Casualty:  A person who is the victim of a terrorist activity or who becomes a casualty “in action.”  “In action” characterizes the casualty as having been the direct result of hostile action, sustained in combat or relating thereto, or sustained going to or returning from a combat mission provided that the occurrence was directly related to hostile action.  Included are persons killed or wounded mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force.  However, not to be considered as sustained in action and not to be interpreted as hostile casualties are injuries due to elements, self-inflicted wounds, and except in unusual cases, wounds or death inflicted by a friendly force while the individual is in absent-without-leave, deserter, or dropped from the rolls status or is voluntarily absent from a place of duty.

    c.  Non-hostile Casualty:  A person who becomes a casualty due to                                           circumstances not directly attributable to hostile action or terrorist activity.  Casualties due to the elements, self-inflicted wounds, and combat fatigue are non-hostile casualties.

    d.  Service-connected Death (SCD):  Must have occurred in the line of duty, and not a result of the deceased individual’s willful misconduct or negligence.  It is not necessary that death occur while actually performing military duties or during military operations to be service-connected.  (See Art. VI. above).

    e.  Terrorism:  The unlawful use or threatened use of force or violence against individuals or property to coerce or intimidate governments or 

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societies, often to achieve political, religious, or ideological objectives.  A victim of a terrorist act directed against the United States or its allies is a hostile casualty.

Article VIII.  OFFICERS/BOARD OF DIRECTORS

1.  Officers:  The elected officers of the Association shall be the President, Vice President, Secretary and the Treasurer.  All elected officers of the Association must be veterans, with the exception of the offices of the Secretary and Treasurer which may be filled by non-veteran members.  These officers shall serve a term of one calendar year, and will serve on the Executive Committee.  The President is the agent for the Association, and will be the presiding officer for all meetings of the membership, the Executive Committee, and the Board of Directors.

    a.  Absenteeism:  In absence of the President, the Vice President will preside at regularly called meetings.  Three of the elected officers constitute a quorum.  Failure of any elective or appointed officer, or any director or ex-officio representative to attend three consecutive regular meetings constitutes grounds for replacement of that individual.  However, should the individual provide the President or Vice President prior to the third absence with an acceptable excuse, e.g., temporary illness, temporary urgent business matters, temporary family obligations, etc., then the absentee may be excused by those officers.  Otherwise, the President or in his absence the Vice President, may appoint a replacement to fill that office for the remainder of the office term, or request a replacement for an ex-officio representative.

2.  Board of Directors:  The Board of Directors shall consist of four voting members who must be veterans.  They shall be elected by the membership for a term of two (2) years, with the exception of the first year when two of the four members will be elected for one (1) year.  In subsequent years, two board members will be elected each calendar year for a term of two (2) years.  Directors are expected to assume Committee Chair, or other operational responsibilities.  This will provide some continuity to the board and the Association.  A majority of elected board members shall constitute a quorum. 
                              
3.  Election of Officers and Directors:  New officers and directors will be elected at the regular meeting in November and will assume their duties on the first day of January of the following year.                                                  

4.  Ex-officio Representatives:  Military, governmental, civic and private organizations, and their separate entity branches may designate Ex-officio Representatives to represent their interests with the Association.  Each organization may designate one Ex-officio member to the Association Board of Directors for a term of two (2) years.  They will assume their duties on the first day of January following their year of appointment.  Each is 

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entitled to one vote on the Board of Directors on all Association matters, 
with the exception of those pertaining to the election/appointment/termination of the Association’s elected or appointed Officers and Directors.  This procedure is intended to ensure the structural integrity of the Association.                    

5.  Committees:  The President, the Executive Committee and the Board of Directors shall appoint committees as deemed necessary to conduct the Association’s business.  Because of the appointed position they hold as Committee Chairs in relation to the elected positions of the President, Executive Committee and Board of Directors, the Committee Chairs are not eligible to vote with the above assemblies.

Article IX.  OPERATION/ADMINISTRATION

1.  Operations:  The Association is incorporated in the State of Georgia as a non-profit 501 ©(3) organization of the Internal Revenue Code.  Its  authorization for exempt status is effective June 26, 2001 and will operate on a Calendar Year basis (January 1 - December 31), which is compatible with the State and Federal tax year.  Contributions to the Association are deductible under section 170 of the Code qualifying the organization to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106, or 2522 of the Code.  Also, IRS has determined that the Association is further classified as a “public charity” exempt under Code section (s) 170 (b) (1) (A) (vi).

2.  Membership Dues:  Dues may be received in advance, but will be due on January 1st for the Calendar Year.  Dues notices will be sent to the membership no later than sixty ( 60 ) days prior to the due date by the Membership Committee Chair.  Members/organizations sixty ( 60 ) days in arrears on their dues will be placed on the inactive list and have their membership privileges suspended.  After ninety ( 90 ) days, they will be dropped from the roll of the Association.  Members/organizations may be reinstated by paying all dues in arrears.  (See Art. III. 3. above).

3.  Administration:  The Treasurer shall receive, record, deposit and account for all monies of the Association, and will be responsible for paying obligations as approved by the Association or requested by the President or Executive Committee.  All bank checks written on the Association will                               
require the signatures of the Treasurer and the President, or in his absence the Vice President.  Expenditures of major projects, i.e., wall construction, landscaping, development, etc., approved by the general membership, also will require approval of the Executive Committee.

    a.  Budget:  An annual budget will be prepared and submitted to the Board of Directors for final approval by the Executive Committee.  Funds contributed for a specific purpose, i.e., plaques on the Wall of Honor, Memorial Benches, etc., must be designated and withheld for that purpose.  

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Once the project for the designated purpose is completed, any remaining 
funds will be placed into the General Fund for administrative purposes, or for use as approved by the Association.

    b.  Audit:  An annual audit of the Financial Records shall be accomplished by a committee appointed by the President each year during the month of February.  The results of this audit shall be reported to the membership during the regular meeting in March.

    c.  Tax:  Following the annual audit the Treasurer will Chair a committee appointed by the President to prepare the “Charitable Organization Tax File” for the Association for the prior Calendar Year.  The Treasurer will prepare and submit the computer generated Form 990-e to IRS annually   no later than May 15, with the acknowledgement of the President.

Article X.  MEETINGS

1.  Regular Meetings:  Regular meetings will be held monthly on the Fourth Monday, at 6:00 p.m., except in December.  However, should it be determined by the Executive Committee that there is insufficient Park business or that there is reasonable cause to postpone or cancel any monthly meeting, then the Secretary will ensure that the membership is notified as soon as possible, but no later than seven (7) days prior to the postponed or cancelled meeting date.

    a.  Other Regular Meetings:  May be called by three of the elected officers.

    b.  Meeting Times:  Meeting times are flexible and may vary in accordance with Daylight Savings Time or for unusual or unexpected circumstances.  All meeting changes will be accomplished in accordance with Article X. paragraph 1. above.

2.  Committee Meetings:  Committees may meet at the discretion of the Committee Chair.

3.  Board of Directors Meetings:  Board of Directors meetings will be called by the President.  The Board of Directors will hold a minimum of three (3) meetings outside the regular meetings called by the President each Calendar                                  
Year.  In his absence, the President will designate an Association Officer or a Director to chair the meetings.

Article XI.  FLAG  COLLECTION BIN AND BURN PIT

1.  Purpose:  To provide a suitable location for the collection and burning  of  unserviceable U. S. Flags in a dignified manner.

2.  Burn Pit Use:  The  Chair of the Events Committee has overall 

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responsibility for the Flag Burn Pit area of the Park.  This includes the 
authorization, coordination and control of all activities and ceremonies conducted in that area.

   a.  Use by organization/activities other than the Association:  The Events Committee Chair will advise/inform all others that they are responsible for the activities they are conducting.  Also, that they and their organization are responsible for security of the Park and are liable for injuries to participants and/or damages to property that may occur on the Park grounds during their use.

3.  Flag Ceremonies:  The flag represents a living country and is itself considered a living thing.  Therefore, it should be disposed of with a dignified ceremony appropriate for the occasion and for the organization conducting the service.  At the time the permission is granted for use of the Park, the Events Committee Chair will provide the organization with a copy of Let’s Be Right on Flag Etiquette, a pamphlet published by the American Legion, containing public knowledge of the proper display and respect for the flag of the United States of America.  (Also, refer to The Flag Code, Title 4, Chapter 1, U.S. Code).

4.  General Maintenance:  Maintenance of the Burn Area is important; its improper use and care could reflect adversely on the rest of the Park, and on the Association.  The Park is hallowed ground for those veterans named on its walls and must be respected accordingly.  Therefore, the Burn Area, as well as the remainder of the Park, must be restored to the same condition in which it is received.  The Events Committee Chair will advise all users of the Park of the following guidelines, and that strict compliance must be adhered to; otherwise, future use may be denied:

    a.  Three (3) days prior to burning flag(s), the Events Committee Chair will call the Carrollton Fire Department (404 535-0358) and ask for the Fire Captain on Duty.  The Chair will report the time and date the burn will take place, providing them with any other requested information.

    b.  Remove all traffic cones used for vehicle or crowd control.
                                     
    c.  Remove  all chairs, bleachers, lecterns, sound systems, etc.

   d.  Collect and remove all trash and rubbish from all areas of the Park. 

   e.  Remove all burn material i.e., wood, fuel, matches, rags, etc. from the Burn Area.

    f.  Ensure that the fire is completely out and no burning or hot coals are left in the Burn Pit.



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.Article XII.  AMENDMENTS

1.  Authorization:  These Bylaws may be changed or amended by a two-thirds vote at any regularly called meeting, provided notice of such changes are provided to the membership at the previous regular meeting.

Article XIII.  STANDING RULES AND PROCEDURES

1.  Additional Legal Authority:  In addition to these Bylaws, other administrative rules and procedures to promote the efficient administration and operation of the Association may be promulgated by the Executive Committee and/or Board of Directors, i.e., committee guidelines, Legal Counsel duties and responsibilities, meeting procedures, flag ceremonies, etc., which will carry the same legal authority as the Association Bylaws.  All regular meetings will be conducted in accordance with Robert’s Rules of Order.

2.  Approval:  The Bylaws for the Carroll County Veterans Memorial Park Association, Inc., are revised to include all previous changes as reflected above.  The revision was prepared and submitted by the Bylaws Committee at the regular meeting on August 25, 2014, and was reviewed and approved by the Association membership at its September 22, 2014, regular meeting. 


Roger E. Knowles                                                           Donald Levans
Bylaws Committee Chair                                               President
770 258-3212                                                                    678 246-8446


Larry Jennings                                                               Sam Pyle
Bylaws Committee                                                         Bylaws Committee
770 838-0492                                                                   770 537-5438                  




                                     










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