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TRANSCRIPT
MILITARY ORDER OF THE PURPLE HEART
OF THE
UNITED STATES OF AMERICA, INC.
Constitution, Bylaws, Ritual &
How To Manual
[Updated with changes approved at the 2017 Dallas TX Convention]
The Military Order of the Purple Heart of the U.S.A., Inc., does not discriminate in membership on the basis of age, race, gender, creed, religion, or national origin. The Constitution and Bylaws are presented in a gender neutral position. All references to all masculine pronouns are intended to be for convenience and are not gender specific.
CONTENTS Page (Pub. L. 105–225, Aug. 12, 1998, with amendment
Pub. L. 110–207, §2, Apr. 30, 2008) .......................................................................................1 - 15
Public Law 85-761, 85th Congress, H.R. 13558....................................................................6 - 11
PART I Preamble......................................................................................................................................12 - 15 Constitution.................................................................................................................................12 - 15 PNC’s.....................................................................................................................................16 - 17
PART II BYLAWS.........................................................................................................................................17 - 84
PART III
RITUAL AND MANUAL OF CEREMONIES..................................................................85 - 111
PART IV
How-To-Manual..........................................................................................................................
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THE FEDERAL CHARTER OF THE
MILITARY ORDER OF THE PURPLE HEART (Pub. L. 105–225, Aug. 12, 1998, with amendment
Pub. L. 110–207, §2, Apr. 30, 2008)
36 USC Subtitle II: Patriotic and National Organizations
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS
Subtitle II—Patriotic and National Organizations
Part A—General CHAPTER 101—GENERAL
§10102. Reservation of right to amend or repeal
(a) General.—Congress reserves the right to amend or repeal the provisions of part B of this subtitle.
(b) Nonapplication.—Subsection (a) of this section does not apply to chapters 213, 407, 801, 1403, 1503 (except section 150302(b)), 1513, 1517, 1531, and 1539 of this title.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1283.)
36 USC Ch. 1405: MILITARY ORDER OF THE PURPLE HEART OF THE UNITED STATES OF AMERICA, INCORPORATED
From Title 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS
Subtitle II—Patriotic and National Organizations
Part B—Organizations
CHAPTER 1405—MILITARY ORDER OF THE PURPLE HEART OF THE
UNITED STATES OF AMERICA, INCORPORATED
Section
140501. Organization. 140502. Principles and purposes. 140503. Membership. 140504. Governing body. 140505. Powers. 140506. Restrictions. 140507. Principal office. 140508. Records and inspection. 140509. Liability for acts of officers and agents. 140510. Service of process. 140511. Distribution of assets on dissolution or final liquidation.
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§140501. Organization (a) Federal Charter.—Military Order of the Purple Heart of the United States of America,
Incorporated (in this chapter, the "corporation"), is a federally chartered corporation.
(b) Place of Incorporation and Domicile.—The corporation is declared to be incorporated and domiciled in the District of Columbia.
(c) Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.)
§140502. Principles and purposes
(a) Principles.—The principles underlying the corporation are patriotic allegiance to the United States, fidelity to the Constitution and laws of the United States, the security of civil liberty, and the permanence of free institutions.
(b) Purposes.—The purposes of the corporation are educational, fraternal, historical, and patriotic, perpetuating the principles of liberty and justice which have created the United States, by—
(1) commemorating all national patriotic holidays;
(2) maintaining true allegiance to the Government of the United States and fidelity to its Constitution and laws;
(3) preserving and strengthening comradeship and patriotism among its members;
(4) assisting, comforting, and aiding all needy and distressed members and their dependents;
(5) giving needed hospital and service work through its Department of Veterans Affairs certified service officers;
(6) cooperating with other civic and patriotic organizations having worthy objectives;
(7) keeping alive the achievements and memory of our country's founders;
(8) ever cherishing the memory of General George Washington, who founded the Purple Heart at his headquarters at Newburgh-on-the-Hudson on August 7, 1782;
(9) influencing and teaching our citizenry, in a loyal appreciation of the heritages of American citizenship, with its responsibilities and privileges; and
(10) preserving and defending the United States from all enemies. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1381.)
§140503. Membership
(a) Active Members.—An individual is eligible for active membership in the corporation if the individual—
(1) is of good moral character; and
(2) has received the Purple Heart for wounds received as a member, of any rank, of the Armed Forces of the United States or any foreign country during military or naval combat against an armed enemy of the United States.
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(b) Associate Members.—The corporation may extend eligibility for membership as associate members to the parents, spouse, siblings, and lineal descendants of an individual described in subsection (a) of this section on terms provided in its constitution and bylaws.
(c) Voting.—Each member described in subsection (a) of this section has one vote on each matter submitted to a vote at a meeting of the members.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1382; Pub. L. 110–207, §2, Apr. 30, 2008, 122 Stat. 719.)
§140504. Governing body
(a) Board of Directors.—
(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. The board is responsible for all funds of the corporation.
(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation. However, the board shall have at least 18 directors.
(b) Officers.—
(1) The officers of the corporation are a commander, a senior vice commander, a chaplain, an adjutant, a finance officer, a judge advocate, an inspector, a surgeon, a historian, and other elected officers as provided in the constitution and bylaws.
(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1382.)
§140505. Powers
The corporation may—
(1) adopt and amend a constitution and bylaws for the management of its property and the regulation of its affairs;
(2) adopt and alter a corporate seal;
(3) make contracts;
(4) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation;
(5) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;
(6) charge and collect membership dues; and
(7) sue and be sued. (Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1382.)
§140506. Restrictions
(a) Stock and Dividends.—The corporation may not issue stock or declare or pay a dividend.
(b) Political Activities.—The corporation or a director or officer as such may not contribute to, support, or assist a political party or candidate for public office.
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(c) Distribution of Income or Assets.—The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member except on dissolution or final liquidation of the corporation. This subsection does not prevent the payment of compensation to an officer in an amount approved by the executive committee of the corporation.
(d) Loans.—The corporation may not make a loan to a director, officer, or employee. Directors who vote for or assent to making a loan to a director, officer, or employee, and officers who participate in making the loan, are jointly and severally liable to the corporation for the amount of the loan until it is repaid.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.)
§140507. Principal office
The principal office of the corporation shall be in the District of Columbia or another place decided by the national executive board. However, the activities of the corporation are not confined to the place where the principal office is located but may be conducted throughout the States, territories, and possessions of the United States.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.)
§140508. Records and inspection
(a) Records.—The corporation shall keep—
(1) correct and complete records of account;
(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and
(3) at its principal office, a record of the names and addresses of its members entitled to vote.
(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.)
§140509. Liability for acts of officers and agents
The corporation is liable for the acts of its officers and agents acting within the scope of their authority.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1383.)
§140510. Service of process
The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent, or mailed to the business address of the agent, is notice to or service on the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.)
§140511. Distribution of assets on dissolution or final liquidation
On dissolution or final liquidation of the corporation, any assets remaining after the discharge of all liabilities shall be distributed as provided by the board of directors, but in compliance with the constitution and bylaws of the corporation.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1384.)
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In addition: PUBLIC LAW 110–207—APR. 30, 2008 122 STAT. 719
Public Law 110–207 110th Congress
An Act
To amend title 36, United States Code, to revise the congressional charter of the Military Order of the Purple Heart of the United States of America Incorporated to authorize associate membership in the corporation for the spouse and siblings of a recipient of the Purple Heart medal.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. Apr. 30, 2008 [H.R. 1119]
Purple Heart Family Equity Act of 2007.
36 USC 101 note.
This Act may be cited as the ‘‘Purple Heart Family Equity Act of 2007’’.
SEC. 2. ASSOCIATE MEMBERSHIP IN THE MILITARY ORDER OF THE PURPLE HEART OF THE UNITED STATES OF AMERICA, INCORPORATED.
Section 140503(b) of title 36, United States Code, is amended by striking ‘‘parents and lineal descendants’’ and inserting ‘‘the parents, spouse, siblings, and lineal descendants’’.
Approved April 30, 2008.
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FOR HISTORICAL REFERENCE, THE FOLLOWING PUBLIC LAW IS INCLUDED ALTHOUGH
IT HAS BEEN SUPERSEDED BY THE ABOVE: EIGHTY-FIFTH CONGRESS OF THE UNITED STATES OF AMERICA AT THE SECOND SESSION
Begun and held at the City of Washington, District of Columbia, on Tuesday, the seventh day of January, one thousand nine hundred and fifty-eight.
SECTION 1: AN ACT
To incorporate the Military Order of the Purple Heart of the United States of America, of combat wounded veterans who have been awarded the Purple Heart.
Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled, that the following persons, to wit: Richard Golick, Chicago, Illinois; William B. Eaton, Lansing, Michigan; Victor F. Kubly, Daytona Beach, Florida; Luther Smith, Harrisburg, Pennsylvania; Olin E. Teague, College Station, Texas; Charles E. Potter, Cheboygan, Michigan; Paul H. Douglas, Chicago, Illinois; B. Carroll Reece, Johnson City, Tennessee; Errett P. Schrivner, Kansas City, Kansas; Edward Martin, Washington, Pennsylvania; General Melvin J. Maas, Saint Paul, Minnesota; General Patrick J. Hurley, Santa Fe, New Mexico; General William A. Donovan, New York, New York; Admiral John F. Ford, Hollywood, California; Colonel Robert M. Bringham, Los Angeles, California; John J. Martin, Madison Wisconsin; Robert Schroeder, Milwaukee, Wisconsin; Frank A. Weber, Bearer, Pennsylvania; Thomas A. Powers, Brooklyn, New York;
Major Wilbur E. Dove, Washington, District of Columbia; Ernest L. Ihbe, Milwaukee, Wisconsin; Lloyd E. Henry, Hyattsville, Maryland; Stanley B. Kirschbaum, Detroit, Michigan; Raymond Cocklin, Daytona Beach, Florida; Francis J. Maguire, Gloucester City, New Jersey; Clifford A. Parmenter, Long Beach, California; Harry H. Dietz, Baltimore, Maryland; Charles S. Isklin, Miami, Florida; Victor N. Lukatz, Cincinnati, Ohio; John P. Hapsch, Minneapolis, Minnesota; Richard J. Flanders, Waukegan, Illinois; General Douglas MacArthur, New York, New York; General James A. Van Fleet, Auburndale, Florida; William J. Schroeder, Pelham, New York; John H. Hoppe, Alexandria, Virginia; John C. Reynolds, Covington, Kentucky; Anton Kneller, Philadelphia, Pennsylvania; John L. Schwartz, Albuquerque, New Mexico; Henry Marquard, Elmhurst, Illinois; James C. Doyle, Arlington, Massachusetts;
Frank Heidel, Harrisburg, Pennsylvania; John E. Schwend, Webster Groves, Missouri; Anthony Badamo, Quincy, Illinois; Joseph E. Stanger, Bridgeton, New Jersey; Frank V. Fromme, Jasper, Indiana; Arthur Goetsch, Davenport, Iowa; Joseph Stiegler, Junior, Silver Springs, Maryland; William E. Savage, Seattle, Washington; Jack Medford, Tucson, Arizona; Joseph C. Kolinsky, Middletown, Connecticut; Jack M. Decard, Tampa, Florida; Ted J. Swedo, North Chicago, Illinois; Linus Vonderheide, Saint Anthony, Indiana; Joseph Earith, Sioux City, Iowa; Howell Brewer, Doctor of Medicine, Shreveport, Louisiana; Francis Donnelly, Arlington, Massachusetts; Bernard J. Young, Chicago, Illinois; Joseph Richter, Saint Louis, Missouri; William Long, North Troy, New York; Kevin J. Murphy, Bronx, New York; William H. Kinsinger, Columbus, Ohio; Carl R. Carlson, Portland, Oregon; Ray Dorris, Portland, Oregon; James Gehas, Coatesville, Pennsylvania; Charles J. Showalter, Lancaster, Pennsylvania;
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1 Aloysius J.Healy, Madison, Wisconsin; Charles O. Carlston, San Francisco, California; Andrew Munson, Sioux Falls, South Dakota; Peter C. Mueller, Glendora, California; John D. Goodin, Johnson City, Tennessee; Lars Eilefson, Billings, Montana; W. Phil Bohnert, Indianapolis, Indiana; Orral O. Jackson, Sioux Falls, South Dakota; Major General Thomas F. Foley, Worcester, Massachusetts; Reverend Alfred W. Price, Philadelphia, Pennsylvania; John T. Mullins, New York, New York; Frank Cushner, Ansonia, Connecticut; Colonel Walter F. Bowman, California; Michael Thiede, Dearborn, Michigan; Robert Sobel, Phoenix, Arizona; Ray Schulze, Yountville, California; Joseph Feingold, Miami, Florida; Herbert McFarland, Cumberland, Maryland; Arthur LaBrack, Brighton, Massachusetts; John W. Fitzer, Junior, Detroit, Michigan; Arthur F.D. Evans, Saint Louis, Missouri; Roland C. Smith, Orange, New Jersey; Charles Burkhardt, Troy, New York; Hugo Engler, Ridgefield, Washington;
Edward Commers, Helena, Montana; Theodore Fauntz, Seattle, Washington; Albert O. Rabassa, Baltimore, Maryland; Michael Doohan, New Haven, Connecticut; Occa V. Phillips, Saint Cloud, Minnesota; Uriah Lucas, Salisbury, North Carolina; Donald Lindley, Kansas City, Missouri; Percy O. Butterbaugh, Lincoln, Nebraska; Stanley C. Langcaskey, Trenton, New Jersey; Alfred J. Gardner, Statesville, North Carolina; Sagie Nishioka, Salem, Oregon;Edgar Eichler, San Antonio, Texas; H. J. Theisen, Port Orchard, Washington; Colonel Michael Ushakoff, Seattle, Washington; Alfred H. Klineschmidt, Reno, Nevada; Francis J. Cayouette, Augusta, Maine; William Floyd, Aurora, Colorado; Henry H. Carter, Junior, North Augusta, South Carolina; Ike Parish, Marianna, Arkansas; Daniel P. Borota, Gary, Indiana; Jerome S. Daunhauer, Ferdinand, Indiana; Robert H. Gamber, Davenport, Iowa; William Powers, Lyndon, Kentucky; Colonel Michael Glossinger, Waneland, Mississippi;
Kenneth Spry, Wyandotte, Michigan; Joseph C. Taylor, Youngstown, Ohio; George A. Davis, Helena, Montana; Harold H. Hamilton, Lancaster, Pennsylvania; Thomas H. McGovran, Charleston, West Virginia; Bernard Maurer, Edgemoor, Delaware; Marcus E. Diffenderfer, Ossipee, New Hampshire; Andrew Nomland, Grand Forks, North Dakota; Admiral John Hoskins, Quonset, Rhode Island; Jesus Ascencio Vazquez, South Margarita, Canal Zone; Ernest Collins, Arlington, Virginia; Genaro Cabrera, Cayey, Puerto Rico; Roberto Cruz Figueroa, Rio Piedras, Puerto Rico; Henry B. Haina, Honolulu, Hawaii; John T. Stanton, Kansas City, Kansas; and their successors are hereby created and declared to be a body corporate of the District of Columbia, where the legal domicile shall be, by the name of the Military Order of the Purple Heart of the United States of America, Incorporated (hereinafter referred to as the "Corporation"), and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.
2 SECTION 2: COMPLETION OF ORGANIZATION
A majority of the persons named in the first section of this Act are authorized to complete the organization of the Corporation by the selection of officers and employees, the adoption of a Constitution and Bylaws, not inconsistent with the provisions of this Act and the doings of such acts as may be necessary for such purpose.
SECTION 3: PRINCIPLES AND OBJECTS OF THE CORPORATION
A. The principles underlying the Corporation are patriotic allegiance to the United States of America, fidelity to its Constitution and laws, the security of civil liberty, and the permanence of free institutions.
B. The objects of the Corporation are educational, fraternal, historical, and patriotic, perpetuating the principles of liberty and justice which have created the United States of America, by:
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1. commemorating all national patriotic holidays;
2. maintaining true allegiance to the Government of the United States of America and fidelity to its Constitution and laws;
3. preserving and strengthening comradeship and patriotism amongst its members;
4. assisting, comforting, and aiding all needy and distressed members and their dependents; giving needed hospital and service work through its Veterans Administration certified service officers;
5. cooperating with other civic and patriotic organizations having worthy objectives;
6. keeping alive the achievements and memory of our country's founders;
7. ever cherishing the memory of General George Washington who founded the Purple Heart at his headquarters at Newburgh-on-the-Hudson, on August 7, 1782;
8. influencing and teaching our citizenry, in a loyal appreciation of the heritages of American citizenship, with its responsibilities and privileges;
9. and preserving and defending the United States of America from all enemies whomsoever.
SECTION 4: CORPORATE POWERS
The Corporation shall have power:
A. To have succession by its corporate name;
B. To sue and be sued, complain, and defend in any court of competent jurisdiction;
C. To adopt, use, and alter a corporate seal;
D. To charge and collect membership dues;
E. To adopt, amend, and alter a Constitution and Bylaws, not inconsistent with the laws of the United States or any state in which the Corporation is to operate, for the management of its property and the regulation of its affairs;
F. To contract and be contracted with;
3 G. To take lease, gift, purchase, grant, devise, or bequest from any private corporation, association, partnership, firm, or individual and to hold any property, real, personal, or mixed, necessary or convenient for attaining the object and carrying into effect the purposes of the Corporation, subject, however, to applicable provisions of law of any state:
1. governing the amount or kind of property which may be held, or
2. otherwise limiting or controlling ownership of property by a corporation operating in such state;
H. To transfer, convey, lease, sublease, encumber, and otherwise alienate real, personal, or mixed property; and
I. To borrow money for the purposes of the Corporation, issue bonds therefore, and secure the same by mortgage, deed of trust, pledge, or otherwise, subject in every case to all applicable provisions of federal and state laws.
SECTION 5: PRINCIPAL OFFICE: SCOPE OF ACTIVITIES: DISTRICT OF COLUMBIA AGENT
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The principal office of the Corporation shall be located in Washington, District of Columbia, or in any such other place as may later be determined by the National Executive Board, but the activities of the Corporation shall not be confined to that place and may be conducted throughout the various states, territories, and possessions of the United States. The Corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the Corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the Corporation.
SECTION 6: MEMBERSHIP: VOTING RIGHTS
A. All persons of good moral character who are, have been, or may become members of the Armed Forces of the United States or any foreign country of whatever rank, who have received or who may hereafter receive the Purple Heart for wounds received during military or naval combat against an armed enemy of the United States, shall be eligible for active membership in the Corporation.
B. The Corporation shall have the power, moreover, to extend eligibility for membership, as associate members, to parents and lineal descendants of the described in subsection (A) of this section under such conditions and upon such terms as the Corporation may specify in its constitution and bylaws.
C. Each member of the Corporation, other than associate members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the Corporation.
D. Notwithstanding the limitations set out in subsections (A) and (B) of this section, any member in good standing of the corporate body referred to in Section 16 of this Act shall be admitted on request to comparable membership in the Corporation created by this Act.
4 SECTION 7: BOARD OF DIRECTORS: COMPOSITION; RESPONSIBILITIES
A. Upon the enactment of this Act the membership of the initial Board of Directors of the Corporation shall consist of the present officers of the Military Order of the Purple Heart, referred to in section 16 of this Act, or such of them as may then be living and are qualified Officers of that Corporation to wit: Richard P. Golick of Chicago, Illinois; Adolph Sutro of Hollywood, California; William B. Eaton of Lansing, Michigan; Joseph Martin of Menandes, New York; Reverend Thomas W. Riordan of Chicago, Illinois; Victor F. Kubly of Daytona Beach, Florida; Albert Gale of Minneapolis, Minnesota; Wilbur E. Dove of Washington, District of Columbia; James B. Barrett, Doctor of Medicine of Troy, New York; who are respectively, the Commander, the Senior ViceCommander, Finance Officer, Judge Advocate, Chaplain, Adjutant, Inspector, Historian, and Surgeon.
B. Thereafter, the Board of Directors of the Corporation shall consist of such number (not less than eighteen), who shall be selected in such manner (including the filling of vacancies), and shall serve for such terms as may be prescribed in the Constitution and Bylaws of the Corporation.
C. The Board of Directors shall be the governing board of the Corporation and shall, during the intervals between Corporation meetings, be responsible for the general policies and program of the Corporation. The Board shall be responsible for all finances of the Corporation.
SECTION 8: OFFICERS: ELECTION OF OFFICERS
A. The Officers of the Corporation shall be a Commander, a Senior Vice-Commander, a Chaplain, an Adjutant, a Finance Officer, a Judge Advocate, an Inspector, a Surgeon, a Historian, and other elected Officers as prescribed in the Constitution and Bylaws of the Corporation.
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B. The Officers of the Corporation shall be elected in such manner and for such terms and with such duties as may be prescribed in the Constitution and Bylaws of the Corporation.
SECTION 9: USE OF INCOME: LOANS TO OFFICERS, DIRECTORS OR EMPLOYEES
A. No part of the income or assets of the Corporation shall inure to any Member, Officer, or Director, or be distributable to any such person otherwise than upon dissolution or final liquidation of the Corporation as provided in Section 15 of this Act. Nothing in the subsection however, shall be construed to prevent the payment of compensation to Officers of the Corporation in amounts approved by the Executive Committee of the Corporation.
B. The Corporation shall not make loans to its Officers, Directors, or Employees. Any director who votes for or assents to the making of a loan to an Officer, Director, or Employee of the Corporation, and any Officer who participates in the making of such loan, shall be jointly and severally liable to the Corporation for the amount of such loan until the repayment thereof.
5 SECTION 10: NONPOLITICAL NATURE OF CORPORATION
The Corporation, and its Officers and Directors as such, shall not contribute to or otherwise support or assist any political party or candidate for public office.
SECTION 11: LIABILITY FOR ACTS OF OFFICERS AND AGENTS
The Corporation shall be liable for the acts of its Officers and Agents when acting within the scope of their authority.
SECTION 12: PROHIBITION AGAINST ISSUANCE OF STOCK OR PAYMENT OF DIVIDENDS
The Corporation shall have no power to issue any shares of stock or to declare or pay any dividends.
SECTION 13: BOOKS AND RECORDS: INSPECTION
The Corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its Members, Board of Directors, and Committees having any authority under the Board of Directors, and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the Corporation may be inspected by any Member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.
SECTION 14: AUDIT OF FINANCIAL TRANSACTIONS
A. The accounts of the Corporation shall be audited annually in accordance with generally accepted auditing standards by independent Certified Public Accountants or independent Licensed Public Accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.
B. The report of such independent audit shall be submitted to the Congress not later than six months following the close of the fiscal year for which the audit was made. The report shall set forth the scope of the audit and include such statements as are necessary to present fairly the
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Corporation's assets and liabilities, surplus or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the Corporation's income and expenses during the year; and it must include the results of any trading, manufacturing, publishing, or other commercial-type endeavor carried on by the Corporation, together with the independent auditor's opinion of those statements. The report shall not be printed as a public document, except as part of proceedings authorized to be printed under the Act of March 2, 1931, Chapter 378, Section 1, as amended.
6 SECTION 15: USE OF ASSETS ON DISSOLUTION OR LIQUIDATION Upon final dissolution or liquidation of the Corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the Corporation may be distributed in accordance with the determination of the Board of Directors of the Corporation and in compliance with the Constitution and Bylaws of the Corporation and all federal and state laws applicable thereto.
SECTION 16: TRANSFER OF ASSETS
The Corporation may acquire the assets of the Military Order of the Purple Heart of the United States of America, Incorporated, a body corporate organized under laws of the State of New Jersey, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such state corporation and upon complying with all the laws of the State of New Jersey applicable thereto.
SECTION 17: RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER The right to alter, amend, or repeal this Act is expressly reserved.
/s/Sam Rayburn Speaker of the House of Representatives
/s/Richard Nixon Vice President of the United States and President of the Senate.
/s/Dwight D. Eisenhower APPROVED AUGUST 26, 1958
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PREAMBLE
We, combat veterans of the wars of the United States and recipients of the Purple Heart
medal, awarded by the United States Government and founded by General George
Washington on August 7, 1782, at a critical time in our history, drawn together by bonds of
respect and mutual suffering, have established the Military Order of the Purple Heart,
chartered by the Congress of the United States, in order to perpetuate the principles of
patriotic allegiance to the United States of America, fidelity to its Constitution and laws, the
security of civil liberty, and the permanence of free institutions.
Through this organization and our membership in it, we hope to be able to preserve and
perpetuate those ideals of liberty, justice, and the general welfare which are the very
foundation of our way of life. We further pledge to foster and enhance those principles wh
ich, from the beginning of our national history, have served as a beacon of hope and
salvation to the peoples of all nations.
HONORARY NATIONAL COMMANDER - IN - CHIEF
The President of the United States of America shall be the Honorary National Commander
- in - Chief of the Military Order of the Purple Heart of the United States of America,
Incorporated.
13
CONSTITUTION
ARTICLE I ~ NAME
This organization shall be known as the MILITARY ORDER OF THE PURPLE HEART
OF THE UNITED STATES OF AMERICA, INCORPORATED (hereinafter variously
referred to as: Military Order of the Purple Heart; Corporation; Organization; Military
Order of the Purple Heart of the U.S.A., Inc.; or M.O.P.H. of the U.S.A., Inc.).
ARTICLE II ~ PRINCIPLES
The principles underlying the Corporation are patriotic allegiance to the United States of
America, fidelity to its Constitution and laws, the security of civil liberty, and the
permanence of free institutions.
ARTICLE III ~ OBJECTS
The objects of the Corporation are educational, fraternal, historical, and patriotic,
perpetuating the principles of liberty and justice which have created the United States of
America. These objects may be carried out in various ways, including: by
(1) commemorating all national patriotic holidays;
(2) maintaining true allegiance to the Government of the United States of America and
fidelity to its Constitution and laws;
(3) preserving and strengthening comradeship and patriotism amongst its members; (4)
assisting, comfort ing, and aiding all needy and distressed members and their
dependents;
(5) giving needed hospital and service work through its Veterans' Administration
certified Service Officers;
(6) cooperating with other civic and patriotic organizations having worthy o bjectives;
(7) keeping alive the achievements and memory of our country's founders; (
8) ever cherishing the memory of General George Washington, who founded the Purple
Heart, at his headquarters at Newburgh - on - the - Hudson, on August 7, 1782; (
9) influencing and teaching our citizenry, in a loyal appreciation of the heritage of
American citizenship, with its responsibilities and privileges; and
(10) preserving and defending the United States of America from all enemies
whomsoever.
14
ARTICLE IV ~ ORGANIZATION
The several constituted bodies of this Corporation shall consist of: (1) Subordinate
organizations to be known as (name) Chapter No. ________________, Military Order of
the Purple Heart of the United States of Ameri ca. However, no Chapter hereafter
organized shall adopt the name already adopted by any Chapter in good standing, nor the
name of any living person. (2) Department organizations to be known as Department of
_______________________, Military Order of the Purple Heart of the United States of
America; and (3), Auxiliary bodies which may be formed, will be subject to the Bylaws
which may be hereinafter adopted.
ARTICLE V ~ MEMBERSHIP
Section 1 -- All persons of good moral character who are, have been, or m ay become
members of the Armed Forces of the United States or any foreign country of
whatever rank, who have received or who may hereafter receive the Purple Heart
for wounds received during military or naval combat against an armed enemy of
the United Sta tes, shall be eligible for active membership in the Corporation.
Section 2 -- Each member of the Corporation, other than associate members, shall have
the right to vote on each matter submitted to a vote at all meetings of the
Corporation.
Section 3 -- Each Chapter of the Military Order of the Purple Heart of the United States of
America shall be the judge of the admission of its own membership, subject to the
restrictions of the Constitution and Bylaws.
ARTICLE VI ~ PRINCIPAL OFFICE: SCOPE OF ACTIVITI ES
Section 1 -- The principal office of the Corporation shall be located in Washington, District
of Columbia, or in any such other place as may later be determined by the national
convention, but the activities of the Corporation shall not be confined to that place
and may be conducted throughout the various states, territories, and possessions of
the United States.
Section 2 -- The Corporation shall have in the District of Columbia at all times a
designated agent authorized to accept service of process f or the Corporation; and a
notice to or service upon such agent, or mailed to the business address of such
agent, shall be deemed notice to or service upon the Corporation.
15
ARTICLE VII ~ AMENDMENTS
Section 1 -- This Constitution may be amended at any Nat ional Convention by a roll call
of two - thirds vote of the regularly elected and qualified delegates thereat, provided
the proposed amendment shall have been submitted through the National Adjutant
to the members of the National Executive Committee, by mail ing same to them at
least twenty (20) days prior to the convening of the next National Convention.
And, provided further, no proposed amendment shall be submitted through the
National Adjutant to the members of the National Executive Committee unles s
said proposed amendment shall have been first submitted by a Department
Convention, Department Executive Committee, or the National Executive
Committee.
Section 2 -- This Constitution may also be amended by unanimous vote of the regularly
elected and qu alified delegates at any National Convention, provided the proposed
amendment shall have been read to the National Convention at least one calendar
day before it is voted upon.
ARTICLE VIII ~ NATIONAL INCORPORATION
This Constitution is adopted to conform with the Act of Congress of the United States of
America, Public Law 85 - 761, of August 26, 1958.
16
PAST NATIONAL COMMANDERS
1932-33 *Frank J. Cushner Connecticut 1933-34 *Frank J. Cushner Connecticut 1934-35 *Howard J. Lepper New Jersey 1935-36 *Frank A. Schrepher Pennsylvania 1936-37 *Heinrich A. Pickert Michigan 1937-38 *Thorvald M. Thompson Minnesota 1938-39 *Charles O. Carlson California 1939-40 *Wendell A. Lochbiler Michigan 1940-41 *Herbert A. Church Dist. of Columbia 1941-42 *Harry B. Weinburg Michigan 1942-43 *William M. Thomas New York 1943-44 *Elmer J. Keys Wisconsin 1944-45 *Harold M. Hamilton Pennsylvania 1945-46 *Harold M. Hamilton Pennsylvania 1946-47 *Ray Dorris Oregon 1947-48 *Verne S. White Ohio 1948-49 *Clifford A. Parmenter California 1949-50 *Frank J. Schneller Illinois 1950-51 *John D. Goodin Tennessee 1951-52 *Victor F. Kubly Massachusetts 1952-53 * Robert W. Schroeder Wisconsin 1953-54 *Anton D. Kneller Pennsylvania 1954-55 *Walter C. Bowman California 1955-56 *Aloysius J. Healy Wisconsin 1956-57 *William B. Eaton Michigan 1957-58 *Richard P. Golick Illinois 1958-59 *Lloyd E. Henry Maryland 1959-60 *Harry E. Heiser Pennsylvania 1960-61 *Victor N. Lukatz Ohio 1961-62 *Edward F. Holiday New Jersey 1962-63 *Lester J. Hawkins Oregon 1963-64 *Robert T. Schumack Pennsylvania 1964-65 *Carl A. Falkowski Minnesota 1965-66 *Clair Voss Wisconsin 1966-67 *John H. Burgess Florida 1967-68 *Earnest P. Slaughter Pennsylvania 1968-69 *Earnest P. Slaughter Pennsylvania 1969-70 *Shaffe T. Courey California 1970-71 *Ronald A. Beattie Rhode Island 1971-72 *Harvey Thiede Michigan 1972-73 *Robert H. Betts Florida 1973-74 *John E. Binnion Ohio 1974-75 *John R. Eletto California
*Deceased
17
1975-76 *John M. Duchessi New York 1976-77 *Richard F. Flanders Illinois 1977-78 *Douglas H. McGarrity Michigan 1978-79 *Raymond F. Warren California 1979-80 James Durkin New York 1980-81 *Jerry Searles Minnesota 1981-82 *Duane Brigstock Michigan 1982-83 *Donald Arthur Florida 1983-84 *Wendell R. Lowe Illinois 1984-85 *Thomas F. Sharpe New York 1985-86 *Edward Chastain Georgia 1986-87 Jules Carvalho, Jr. California 1987-88 *Donald M. Skinder Virginia 1988-89 Frank A. Athanason Maryland 1989-90 *Ernest E. Brown Michigan 1990-91 *Leonard A. Carlton Minnesota 1991-92 Joseph R. Hems New Jersey 1992-93 *Robert C. Padgett Florida 1993-94 Michael Tomsey Virginia 1994-95 *John C. Loberg California 1995-96 *Carroll M. Fyffe Arizona 1996-97 James M. Blaylock Georgia 1997-98 *Louis C. Tebbe Michigan 1998-99 Boyd L. Barclay Oklahoma 1999-2000 *Richard H. Esau, Jr. New York 2000-01 Frederick A. Taylor, Jr. Indiana 2001-02 Richard L. Spinelli New Jersey 2002-03 William A. Wroolie Minnesota 2003-04 Al Silvano South Carolina 2004-05 *Robert N. Lichtenberger Texas 2005-06 James D. Randles Georgia 2006-07 *Tom Poulter California 2007-08 *Henry J. Cook III Mississippi 2008-09 Jeffrey A. Roy Colorado 2009-10 James M. Sims Washington 2010-11 Clayton Jones Missouri 2011-12 Bill Hutton California 2012-13 Bruce McKenty Washington 2013-14 Ron Siebels Alaska 2015-16 J. Pat Little Delaware 2016-17 R. J. Puskar Arizona 2017-18 Hershel W. Gober Florida
*Deceased
17
MILITARY ORDER
PURPLE HEART
The Only Congressionally Chartered
Veterans’ Organization Exclusively For
Commbbat Wounded Veterans
Bylaws June 2, 20171
Amended August 15, 2017
17 of 84
December 27, 2017
18
Article I - National Organization ………………………………. 3
Article II - Membership …………………………………………... 5
Article III - Chapters …………………………………………...….. 7
Article IV - Duties of Chapter Officers …………………………… 8
Article V - Meetings of Chapters ………………………….....… 11
Article VI - Departments ………………………………………. 11
Article VII - Duties of Department Officers ………………........… 16
Article VIII - Delegates to Conventions …………………………… 19
Article IX - National Convention ………………………………. 20
Article X - National Officers …………………………………… 24
Article XI - Duties of National Officers …………………………… 27
Article XII - National Committees …………………………………. 42
Article XIII - Dues …………………………………………………… 50
Article XIV - Uniforms & Supplies ……………………….……… 51
Article XV - To Preserve the Integrity of The Corporation ……… 53
Article XVI - Auxiliary ……………………………….……………… 68
Article XVII - Service Foundation ………………………………...... 70
Article XVIII - Associate Members ………………………………. 72
Article XIX - Amendments & Conduct of Meeting …………….... 73
19
ARTICLE I - NATIONAL ORGANIZATION2 1 Military Order of the Purple Heart USA, Inc. - (MOPH) - (Order) 2 Section 1 - REGIONS. 3
A. Region is a geographical grouping of states and territories for membership expansion. A 4 National Region Commander is elected annually from each of the following Regions. 5 1) Region I Connecticut, Delaware, District of Columbia, Maryland, Massachusetts, 6
New Jersey, New York, Northern New England (Maine, New 7 Hampshire, Vermont), Pennsylvania, Rhode Island, and Virginia. 8
2) Region II Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, 9 Nebraska, Ohio, West Virginia, and Wisconsin. 10
3) Region III Alaska, Idaho, Montana, North Dakota, Oregon, South Dakota, 11 Washington, and Wyoming. 12
4) Region IV Alabama, Florida, Georgia, Mississippi, North Carolina, Puerto Rico, 13 South Carolina, and Tennessee. 14
5) Region V Arkansas, Colorado, Kansas, Louisiana, New Mexico, Oklahoma, and 15 Texas. 16
6) Region VI Arizona, California, Guam, Hawaii, Nevada, and Utah. 17 B. Region Commanders shall conduct a Region meeting each year to be held no later than 18
the end of October. The meeting may be held digitally. 19 Section 2 - DEPARTMENTS. 20
A. Departments may be organized where there are two or more active chapters, with a 21 minimum combined membership of 100 members and associate members, in any state, 22 territory, or foreign country. 23
B. All chapters within such state, territory, or country shall be subordinate to the 24 department. 25
C. “Active” is defined as a department that has submitted a current election report. 26 Section 3 - CHAPTERS. 27
A. A chapter may be formed by the authority of the National Commander on the 28 application of not less than 12 Purple Heart recipients who are members in the Military 29 Order of the Purple Heart of the USA, Inc. 30
B. No chapter shall be recognized by the Order unless operating under a valid charter. 31 C. Charter requirements: 32
1) Applications for a chapter or department charter shall be submitted to the National 33 Headquarters on a form to be furnished by the National Adjutant. 34
2) The charter members listed on the charter application and on the charter document 35 shall be Purple Heart recipients. 36
3) Chapter charter applications must be endorsed by the Commander of the 37 Department or in the absence of a Department Commander, the Region 38 Commander may endorse the charter. 39
4) No new chapter shall be given the same name or number as an existing or former 40 chapter. 41
5) No chapter shall bear the name of a living person. 42
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6) Chapters may request a specific number; otherwise, National will assign the next 1 available number on the sequential list. 2
D. “Active” is defined as a chapter that has submitted a current election report. 3 Section - 4 - INSTITUTION 4
A. Upon the issuance of a chapter charter, the Commander of the Department having 5 jurisdiction handles the institution of the chapter. 6
B. In those cases, where there is no such department or in the case of the forming of a new 7 department, the Region Commander shall have the responsibility to appoint the 8 Instituting Officer. 9
Section 5 - INSTALLING OFFICER 10 The Installing Officer may or may not be the same individual as the Instituting Officer. The 11 Installing Officer will: 12 A. Install, in accordance with the Bylaws and Ritual of the Order, and instruct the officers 13
in their duties. 14 B. Deliver to the Chapter/Department Commander who was installed, copies of the 15
Constitution, Bylaws, and Rituals of the Order. 16 C. Make a report in writing to National Headquarters. 17
1) Giving the name and the number of the chapter that was installed, as well as the 18 number of members obligated at the time of the institution. 19
2) The names and addresses of the installed officers elected to serve until the next 20 election. 21
Section 6 - SURRENDER of CHARTER 22 No charter shall be surrendered by any active chapter that has at least 12 living members. 23
Section 7 - TRANSFERS. 24 A. Any member may request to be transferred to another chapter or to an At-Large status 25
by submitting an MOPH Transfer Request form to the National Adjutant. 26 B. The National Adjutant will make the transfer and notify the gaining and losing chapters 27
of such action. 28 C. The receiving chapter may vote not to accept the transferred member, within 90 calendar 29
days of the notification of the transfer. 30 D. A member shall not belong to more than one chapter. 31
Section 8 - DISPOSITION of MEMBERS 32 Member(s) of a defunct chapter may be transferred to another chapter nearest to his or her 33 residence or may become a Department Member-at-Large at the member’s discretion. The 34 National Adjutant will provide the member(s) with a list of the locations of chapters in the 35 area. 36
Section 9 - REVIVAL. 37 A. Subject to the approval of the National Commander a chapter/department which was 38
previously disbanded may be reinstated provided: 39 1) The department making application for reinstatement follows the National Bylaws as 40
to the number of members and chapters. 41 2) The chapter charter may be reinstated with its original name and number. 42
B A new charter will be issued, bearing the names of the petitioning members. 43
21
Section 10 - BYLAWS 1 A. Departments and chapters may adopt Bylaws that do not conflict with the Constitution 2
and Bylaws of the Military Order of Purple Heart, of the USA, Inc. 3 B. Chapters and departments must send their bylaws to the National Judge Advocate for 4
review to ensure compliance with the National Bylaws. 5 1) The Judge Advocate will make a recommendation to the National Commander 6
about their compliance with the Order’s Bylaws. 7 2) The National Adjutant will notify the chapter/department of the National 8
Commander’s decision. 9
ARTICLE II - MEMBERSHIP 10 Section 1 - APPLICATION 11
A. Every application for admission to membership in the Order must be on a form 12 provided by the National Headquarters. 13
B. Applications for membership must be submitted to the National Headquarters with a 14 copy of the applicant’s DD-214, DD-215, AGO 53-55 or General Orders of the award 15 of a Purple Heart. Certificates showing the award of the Purple Heart Medal are not 16 accepted. 17
C. The Fees submitted with an Application for Membership are NONREFUNDABLE. 18 Section 2 - ELIGIBILITY 19
A. Any person who is serving in or has served in one of the Armed Forces of the United 20 States, or any foreign country who can show proof of the award of the Purple Heart for 21 wounds (ARTICLE II Section 1, B) 22
B. Chapters or departments may reject members accepted by National, who are not of good 23 moral character. 24
C. The determination to be accepted into a chapter is made by the assigned chapter. 25 Section 3 - MEMBERSHIP at LARGE 26
An applicant residing in a State where no department or chapter exists will be a National 27 Member-at-Large. 28
Section 4 - DUES. 29 A. The National Convention shall fix the dues rate for all memberships. 30 B. Life Membership dues shall be invested to perpetuate the Order. 31
1) Any interest, dividends, or capital gains earned shall be used exclusively for the Life 32 Membership rebates to chapters and departments. 33
2) Withdrawal of the Life Membership principal is prohibited. 34 C. To determine the disposition any money left in the Life Membership fund upon 35
dissolution of the Military Order of Purple Heart see 36 USC Chapter 1405. 36 Section 5 - MEMBERSHIP CODE of CONDUCT 37
A. Patriots will follow all the bylaws, rules, and regulations of the Military Order of the 38 Purple Heart. 39
B. Patriots will never commit or allow any injustice or wrong to any Patriot of this Order or 40 his family, if it is in his or her power to prevent it. 41
22
C. Patriots will try to aid any member of the Military Order of the Purple Heart, as much as 1 is in his or her power to do so. 2
D. Patriots will uphold and support the Constitution of the United States of America and 3 honor the Flag of our Country. 4
Section 6 - RESIGNATION 5 A. To protect the rights of members, Patriots no longer desiring to be considered a member 6
of the Military Order of Purple Heart must submit a signed statement of resignation of 7 membership. 8 1) Such signed statement must be mailed or e-mailed to the National Headquarter. 9 2) The effective date of the resignation is the postmark date on the envelope of the 10
resignation letter or the date e-mail was sent. 11 3) A member may resign from the Order at a convention by submitting a written notice 12
to the Commander presiding at the convention. The date and time of receipt by the 13 presiding Commander is the effective date of the resignation. 14
B. A member who resigns shall no longer have rights, privileges, or consequences of 15 membership in the Military Order of Purple Heart. 16
C. To regain membership, the Patriot must reapply and provide documentation of the 17 award of a Purple Heart. Before the National Adjutant may reinstate an individual, who 18 has been expelled or resigned to avoid charges under Article XV Section 13, a review 19 must be conducted. (Article XV Section 13, A, 2, d). 20
ARTICLE III - CHAPTERS 21 Section 1 - ELIGIBILITY 22
All members, except as hereinafter provided, shall be eligible for any office in the chapter. 23 (Article XVIII Associate Members) 24
Section 2 - OFFICERS 25 A. The elective officers of each chapter shall be a Commander, Senior Vice Commander, 26
Junior Vice Commander, Finance Officer, Sergeant-at-Arms, and two (2) Trustees. 27 B. The Commander shall appoint an Adjutant and a Chaplain. 28
Section 3 - COMMITTEE(S) 29 The Commander may appoint committee(s) as deemed necessary for specific functions. 30
Section 4- ELECTIONS 31 A. Election of the chapter officers shall be held in Apr i l 3of each year. 32 B. Elections must be held in face to face meetings. Elections maybe held by digital 33
means in instances when normal meetings cannot be held because of 34 inclement climatic conditions or inability of a quorum to make a face to face 35 meeting.4 36
C. Installation of newly elected and appointed officers shall not be later than April 30. 37 D. Due notice of such election must be mailed or e-mailed to all members at least two 38
weeks before the meeting. 39 E. Both elected and appointed officers may succeed themselves if properly elected or 40
appointed. 41 Section 5 - TERM of OFFICE 42
23
A. Elected and appointed officers serve for a one-year term. 1 B. Appointed officers serve at the pleasure of the Commander. 2
1) Appointed chapter officers’ positions terminate at the end of the commander’s term 3 of office or upon the resignation/removal/vacancy of the Commander. 4
2) Appointed officers can be re-appointed by the new commander to consecutive terms 5 without limits. 6
C. Chapters can establish term limits of elected officers by a majority vote of all chapter 7 members and by notifying the National Adjutant through the Department Commander 8 and Region Commander of the term limits, i.e.; two, three or more years. 9 1) Term limits become effective upon submission of the next Election Report and 10
upon the approval of the National Adjutant. 11 2) A majority vote of all chapter members is required to change or remove the term 12
limits previously established and approved. Chapters with approved term limits will 13 notate the term limits on their annual Election Report. 14
24
Section 6 - VOTING 1 A. In the cases of a vote for officers, a majority of all votes cast shall be necessary for a 2
decision. 3 B. If there is no majority vote for one candidate on the first vote, the name of the Patriot 4
receiving the lowest number of votes will be dropped, and so on in successive votes, 5 until an election is made. 6
Section 7 - VACANCIES 7 A. All vacancies in an elective office shall be filled by the chapter at the next regular meeting 8
following such vacancy. 9 B. In the event of a vacancy in the office of Commander, the Senior Vice Commander 10
shall become the Commander, and the Junior Vice Commander shall become the Senior 11 Vice Commander. 12
C. The chapter shall then elect a Junior Vice Commander to fill the vacancy, and shall 13 likewise elect other officers to fill any elective office(s) that become vacant. 14
Section 8 - ABSENT CHAPTER ELECTED OFFICER 15 A. A chapter may declare vacant the position of any elective officer who has absented 16
themselves from three meetings by a majority vote of the votes cast at a meeting. 17 B. A notice (US Postal Service mail [USPS] return receipt requested or e-mail) is required to 18
be given the delinquent officer. 19 C. The notice (USPS, e-mail, or telephone) of the intended action shall be communicated to 20
the chapter members at least fifteen (15) calendar days before such action is to be voted 21 upon. 22
Section 9 - BANK ACCOUNTS 23 The only authorized Bank Account(s) are those maintained by the finance officer. 24
ARTICLE IV - DUTIES of CHAPTER OFFICERS 25 Section 1 - COMMANDER 26
A. Preside at all meetings of the chapter, enforce a strict observance of the bylaws and 27 usage of the Corporation, and all orders from proper authority. 28
B. Approve all warrants drawn up by the Chapter Adjutant for the appropriation of monies 29 made and passed at a regular meeting of the chapter. 30
C. Checks issued by the Chapter Finance Officer should be co-signed when possible. 31 D. Perform such other duties as the Bylaws of the Corporation may require. 32 E. Responsible for public awareness of chapter activities and purpose. 33 F. Immediately after entering the office appoint: 34
1) An Adjutant and a Chaplain. 35 2) Committee(s) not otherwise provided for. 36 3) The Commander may remove these officers and committee(s) members when 37
necessary. 38 Section 2 - SENIOR VICE COMMANDER 39
A. Preside in the absence of the Commander. 40 B. Assist the Commander in preserving order and preside in the absence of the 41
Commander. 42
25
C. Perform such other duties as the Bylaws may require. 1 D. Cooperate with the Commander in aggressive membership recruitment. 2
Section 3 - JUNIOR VICE COMMANDER 3 A. Preside in the absence of the Commander or Senior Vice Commander. 4 B. Perform such other duties as may be required by the Bylaws. 5 C. Assist in membership recruitment. 6
Section 5 - ADJUTANT 7 A. Keep the chapter’s files properly prepared. 8 B. Maintain the Constitution, an updated version of Bylaws of the Order, and the Bylaws of 9
the Chapter and Department if they exist. 10 C. Take the minutes and record of all the proceedings of each meeting of the chapter. At 11
the next meeting, the minutes shall be read and any needed correction(s) made and 12 approved at the chapter meeting. 13
D. Maintain an Orders File in which shall be kept all orders or circulars issued by the 14 National Commander, Region Commander, Department Commander, or Chapter 15 Commander. 16
E. Keep a Letters File. 17 F. Keep such other documents as required by the Order or any legal jurisdiction. 18 G. Attest by signature all actions of the chapter. 19 H. Draw up all warrants on the Finance Officer for approval by the Commander for 20
appropriation of monies by motions made and passed at a regular meeting of the chapter 21 or for items that have been approved in the budget. 22
I. Prepare all reports required by the Commander. 23 J. Complete Chapter Officer Election Report Form, as furnished by the National Adjutant, 24
within twenty-four hours after the election. The Chapter Adjutant will promptly forward 25 a copy directly to the National Adjutant and the Department Adjutant. 26
K. Transfer without delay to a successor all books, papers, and other property of the 27 chapter. 28
26
Section 6 - FINANCE OFFICER 1 A. Pay out monies only upon a proper warrant drawn by the Chapter Adjutant and 2
approved by the Commander. Maintain a file of all warrants that have been drawn. 3 B. Hold and be responsible for the funds, securities, vouchers, and other financial 4
instruments of the chapter. 5 C. Prepare and sign each check issued by the chapter. The Chapter Commander is the 6
other co-signer of the check when possible. 7 D. File IRS 990 Form annually with Internal Revenue Service and maintain a copy for files. 8 E. Perform such other duties as the Bylaws may require. 9 F. Prepare a complete annual financial report on a form provided by the National Adjutant 10
covering the period May 1 to April 30. 11 1) Allow the chapter’s financial records to be open for inspection by the Chapter’s 12
Trustees. 13 2) The Finance Report to the National Adjutant requires the signatures of one Trustee 14
and the Commander. 15 G. Deliver to the new Finance Officer, or to anyone designated by the chapter, all monies, 16
books, financial statements, and other property of the chapter. 17 H. When the Commander and both Vice Commanders are absent the Finance Officer will 18
chair the meeting. If none of the officers above are present, the chapter members 19 present shall elect a Commander "pro tempore.” 20
Section 7 - SERGEANT-AT-ARMS 21 A. Take a post at the inside door of the meeting room. 22 B. Perform such other duties as the Commander may direct. 23 C. Be responsible for the Chapter’s Colors and Bible. 24
Section 8 - TRUSTEE(S) 25 Trustees shall semi-annually, in September and in March, audit the accounts of the chapter 26 and make a status report to the chapter. 27 A. The Chapter Trustees will report their findings at the next chapter meeting that is before 28
April 30 and October 31. 29 B. Provide a copy to the Chapter Commander by April 30 and October 31. 30 C. Provide a copy to the Department Finance Officer by April 30 and October 31. 31 D. Provide a copy to the National Adjutant by April 30 and October 31 32
Section 9 - CHAPLAIN 33 A. Be responsible for the opening and closing invocations of the chapter meeting. 34 B. Assist in or take charge of burial ceremonies for departed Patriots. 35 C. Perform such other duties requested of him or her by the Commander. 36
Section 10 - RESIDENCE 37 All chapter elected and appointed officers shall reside within the geographic boundaries of 38 the Region as defined by the National Bylaws and/or reasonable commuting distance of the 39 chapter. 40
ARTICLE V- MEETINGS of CHAPTERS 41 Section 1 - REGULAR MEETINGS 42
27
Chapters meetings shall be held monthly, if possible. Digital meetings are allowed. 1 Elections must be held in face to face meetings. 2
Section 2 - SPECIAL MEETINGS 3 A. Special meetings may be convened by the Commander or the written request of five (5) 4
members. Associate members may be included in the count. (See Article XVIII). 5 B. Digital meetings are allowed. 6 C. The Chapter Adjutant shall notify all the chapter’s members of the business to be 7
transacted at such meeting. 8 D. QUORUM - Five members and/or Associate members at a meeting constitutes a 9
quorum for chapter meetings. 10 Section 3 - CHAPTERS 11
A. Chapters formed and affiliated with military (active or guard/reserve units) that are 12 deployed shall continue to enjoy all the voting rights at both the Department 13 Convention, and/or the National Convention, notwithstanding their inability or failure 14 to submit proper Election and Financial Reports. 15
B. The deployed members must constitute more than 50% of the chapter’s members. 16 C. Upon the return from deployment, Election and Financial reports are required to be 17
filed with the National Adjutant prior to the next national convention. 18
ARTICLE VI -DEPARTMENTS 19 Section 1 - GOVERNING BODY 20
A. Each department shall be governed by a department convention, which is subordinate to 21 the National Convention. 22
B. MEETINGS - There shall be an annual department convention held between May 1 and 23 June 30 of each year. Elections must be held in face to face meetings. 24
C. DEPARTMENT CONVENTION shall consist of: 25 1) The Department Commander and all other elective officers of the department with a 26
voice and a vote. 27 2) Appointed department officers are members of the Convention with a voice but no 28
vote. 29 3) Chapter Commanders throughout its jurisdiction with a voice and a vote. 30
a) In the absence of the Commander, the Senior Vice Commander or Junior Vice 31 Commander may represent the chapter 32
b) Chapter Commanders may cast the votes of any absent delegates in addition to 33 his or her charter vote. 34
c) In the absence of the Commanders, a chapter may submit a written statement 35 designating that an officer of the chapter is to be its representative. 36 (1) Only the Chapter Commanders may carry the charter vote. 37 (2) The designated chapter officer may carry the votes of delegates votes not in 38
attendance. 39 4) Patriots who have served as National Commanders and past Department 40
Commanders of that department, both of whom are members of the department, 41 with a voice and a vote. 42
28
5) No one will have more than one vote. Members who are holding or having held 1 multiple offices still only have only one (1) vote. The prohibition does not include 2 provisions for casting the votes of absent delegates. 3
6) Delegates to be elected by the chapters shall be one for each twelve (12) members or 4 major fraction thereof in the chapter at the time of election with a voice and a vote. 5
7. ELIGIBILITY All members except as hereinafter provided shall be eligible for any 6 office in the department (See Article XVIII Associate Members). 7
Section 2 - OFFICERS 8 A. The elected officers of each department shall be a Commander, Senior Vice 9
Commander, Junior Vice Commander, Finance Officer, Judge Advocate, Inspector, and 10 Sergeant-at-Arms. 11
B. The Commander shall appoint an Adjutant and Chaplain and may also appoint a 12 Legislative Officer and/or Chief of Staff. 13
C. The Department Commander shall serve as the member of the National Executive 14 Committee (NEC). In the Commander’s absence, the Senior Vice Commander or 15 Junior Vice Commander in the order of precedence of their office shall serve on the 16 NEC. 17
Section 3 - ELECTION of OFFICERS 18 A. The Commander, Senior Vice Commander, Junior Vice Commander, Finance Officer, 19
Judge Advocate, Inspector, and Sergeant-at-Arms will be elected at the annual 20 department convention. 21
B. In the event of a contested department election result based upon allegations of an 22 unfair, tainted, or illegal election by the outgoing officers, the Region Commander shall 23 appoint a temporary Department Commander and Department Finance Officer. 24 1) These temporary two officers will assume immediate control of all books, records 25
and monies of the department pending a hearing panel appointed by the Region 26 Commander into the tainted, invalid, or illegal election process. 27
2) To invoke this section, three (3) members must submit sworn affidavits setting forth 28 the alleged claims of an illegal, tainted, or invalid election process with supporting 29 proof. 30 a) The sworn affidavits must be notarized. 31 b) The affidavits must be sent to the Region Commander within ten (10) calendar 32
days of certification of the election results by the Department Adjutant. 33 3) The Region Commander will immediately appoint a hearing panel (Panel) of three 34
(3) members, who will conduct a hearing. The Panel shall consist of any 35 combination of past Region Commanders or past Department Commanders. 36 a) The Region Commander will appoint the chairman of the panel. 37 b) The hearing will be no later than ten (10) calendar days from the Panel 38
appointment. The Region Commander will designate the date, city/town, and 39 location of the hearing. 40
c) The Panel will evaluate the evidence and testimony from all the involved parties 41 concerning the allegations of an illegal, invalid, or tainted election process. 42
29
d) The Panel will report its findings and recommendations within ten (10) calendar 1 days to the Region Commander. A copy will be sent to the National Adjutant. 2
e) The Region Commander upon receiving the results of the hearing will: 3 (1) Affirm or reject (cannot modify) the hearing panel's findings and decision. 4 (2) Either call for a new election or uphold the election. 5
4) If the Region Commander accepts the Hearing Panel’s recommendation that there 6 were no improprieties, then said acceptance shall be sent to the National 7 Commander to certify the election. 8 (a) Upon certification by the National Commander, the newly elected officers will 9
be sworn in and assume command. 10 (b) The temporary appointees will turn over all books, records and monies of the 11
department to the newly certified and properly elected Department Officer(s). 12 5) In the event of a Panel finding of an illegal or tainted election, the Region 13
Commander will immediately call for a new election to be conducted within twenty 14 (20) calendar days of receipt of the hearing panel's recommendation(s). 15
6) All appeals will be to the National Commander within five (5) calendar days of the 16 notification of the Panel's decision. The National Commander's decision is final and 17 definitive. 18
Section 4 - TERM of OFFICE 19 A. Officers elected and installed shall enter upon their respective duties immediately after 20
the adjournment of the meeting at which they were chosen and shall hold office until 21 successors are duly installed. 22
B. Both elected and appointed officers may succeed themselves, if properly elected or 23 appointed. Chapter and/or Department Bylaws may impose term limits on officers (See 24 Article VI Section 4 E). 25
C. Appointed officers serve a one-year term at the pleasure of the Commander. Appointed 26 officer positions terminate at the end of the Commander’s term of office or upon the 27 resignation/removal/vacancy of the Commander. 28
D. Appointed officers may be re-appointed by the new commander. 29 E. Departments may establish term limits of elected officers by a majority vote of the votes 30
cast at a chapter meeting or department convention. The National Adjutant will be 31 notified through the Region Commander of the term limits, i.e. two, three or more years. 32 1) Term limits become effective upon submission of the next Election Report 33
submitted to the National Adjutant. 34 2) A two-thirds (2/3) vote of the votes cast by a subsequent department convention is 35
required to change or remove the term limits previously established and approved. 36 3) Departments with approved term limits will notate the term limits on their annual 37
Election Report to the National Headquarters. 38 Section 5 - VACANCIES 39
A. In the event of a vacancy in the office of the Commander, the Senior Vice Commander 40 shall at once succeed to the title and duties of the office, and the Junior Vice 41 Commander shall succeed to the title and duties of the Senior Vice Commander. 42
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B. The Department Executive Committee shall vote for the election of a Junior Vice 1 Commander. 2
C. Other vacancies in elective offices shall be filled by the Department Executive 3 Committee. 4
D. Elections may be at a meeting, through USPS mail vote, or digital vote. 5 E. All candidates may provide information about themselves to be included with the USPS 6
and digital votes. 7
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Section 6 - REMOVAL 1 . Any department officer who misses two meetings of the constituent body may have the 2
office declared vacant by a vote of the Department Executive Committee. 3 A. The officer may be retained if a legitimate excuse is provided for each absence. 4 B. When so removed, the officer shall have the privilege of an appeal to the Region 5
Commander. The appeal must be taken within sixty (60) calendar days of the date of the 6 order declaring such office vacant. 7
Section 7 - BANK ACCOUNTS 8 The only authorized Bank Account(s) are those maintained by the finance officer(s). 9
Section 8 - DEPARTMENT EXECUTIVE COMMITTEE (DEC) 10 The Department Executive Committee shall consist of: 11 A. The Commander, Senior Vice Commander, and Junior Vice Commander with a voice 12
and a vote. 13 B. All elected officers of the department with a voice and a vote. 14 C. Past National Commander(s) or Past Department Commander(s) who are members of 15
the department with a voice and a vote. 16 D. Appointed officers of the department with a voice but no vote. 17 E. Chapter Commanders and in their absence one of the vice commander in order of 18
precedence of their office with a voice and a vote. 19 Section 9 - DUTIES & FUNCTIONS of DEPARTMENT EXECUTIVE COMMITTEE 20
A. The Department Executive Committee shall meet immediately preceding the 21 Department Convention. 22
B. The DEC shall meet at least once during the interval between department conventions 23 at: 24 1) The call of the Department Commander. 25 2) The written request of five of the Department Executive Committee members. 26 3) Digital meetings are allowed between conventions. If done electronically, the 27
department will be responsible for the costs. 28 C. In the interval between department conventions, the Department Executive Committee 29
shall be vested with full administrative powers of the department. All actions of the 30 Department Executive Committee shall be subject to approval by the subsequent 31 department convention. 32
D. The Department Executive Committee shall authorize all expenditures, audit the 33 accounts of the Finance Officer and Adjutant, and be responsible for verifying the 34 authorization of income-producing ventures. 35
E. Contracts and ventures extending beyond the limitations of department conventions can 36 only be approved by the department convention by a two-thirds vote of the votes cast. 37 The department convention may previously approve and mandate to the Department 38 Executive Committee authority for specific action beyond these limits. 39
F. The Department Adjutant shall be responsible for a complete report of the Minutes of 40 all DEC meetings. 41
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G. The Department Executive Committee may be polled by the Department Adjutant 1 through USPS mail or e-mail to vote on any matter, which in the opinion of the 2 Department Commander requires action. 3
Section 10 - VOTING 4 A. At Department Conventions and Department Executive Committee meetings voting 5
shall be as follows: 6 1) Each member of the department convention present at a meeting of the Convention 7
shall be entitled to one vote. Members who are holding or having held multiple 8 offices still only have only one (1) vote. All appointed officers shall be without a 9 vote. 10
2) The vote of Chapter Commanders or Vice Commanders shall be recorded as the 11 chapter's charter vote. 12
3) At department conventions, the vote of any chapter delegate absent and not 13 represented by an alternate may be cast automatically by the Chapter Commander, 14 Senior Vice Commander, Junior Vice Commander, or a chapter delegate present 15 provided that the Chapter’s Election Report is on record. 16
4) Voting at the meeting(s) of the Department Executive Committee shall be done per 17 (Article VI Section 8). 18
5) Members holding both chapter and department offices with an entitlement to a vote 19 shall have only one vote. This does not pertain to situations where an officer carries 20 the delegate votes of a chapter. 21
6) One-third of the voting membership of the DEC shall constitute a quorum. 22 B. Voting by proxy will not be allowed. 23
ARTICLE VII - DUTIES of DEPARTMENT OFFICERS 24 Section 1 - COMMANDER 25
A. Preside at the Department Convention and Department Executive Committee meetings. 26 B. Enforce a strict observance of the Order’s bylaws. 27 C. Ensure compliance with orders from National Headquarters. 28 D. Responsible for public awareness of department activities and purpose. 29 E. Perform such other duties as the Bylaws may require. 30 F. Approve all warrants before they may be paid by the Finance Officer. 31 G. Be a co-signer on all checks drawn by Finance Officer when feasible. 32 E. Appointed an Audit Committee for the Department Finance Officer’s records. 33
1) This shall be done before the Department Executive Committee meeting preceding 34 the Department convention. 35
2) The Audit Committee will report their findings to the Department Executive 36 Committee and the Department Convention. 37
F. Appoint: 38 1) Adjutant 39 2) Chaplain 40 3) Necessary Committees 41 4) If needed a Chief of Staff to assist the commander. 42
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G. Serve as the member of the NEC with a voice and a vote. 1 Section 2 - SENIOR VICE COMMANDER 2
A. Preside in the absence of the Commander. 3 B. Assist the Commander in preserving order at meetings. 4 C. Perform such other duties as the Bylaws may require. 5 D. Cooperate with the Commander in: 6
1) Aggressive membership recruitment. 7 2) Organization of new chapters 8 3) The revival of inactive chapters. 9
E. May also serve in the absence of the Department Commander as a member of the NEC 10 Section 3 - JUNIOR VICE COMMANDER 11
A. Preside in the absence of the Commander and Senior Vice Commander. 12 B. Perform such other duties as the Bylaws may require. 13 C. Coordinate the department's membership activities with the Senior Vice Commander, 14 D. May also serve in the absence of the Department Commander and Senior Vice 15
Commander as a member of the NEC. 16 Section - 4 ADJUTANT 17
A. Keep correct records of: 18 1) Minutes of the Department Convention and Department Executive Committee 19
meetings. 20 2) Orders, reports, letters, memorandums, and correspondence received. 21 3) May keep vouchers and warrants that are drawn on the Finance Officer. 22 4) Monies due and receivable from all sources. 23
B. Conduct the correspondence and issue all orders under the direction of the Commander. 24 C. Draw all warrants on the Finance Officer. 25 D. Take a receipt from the Finance Officer for all monies turned over from whatever 26
source. 27 E. Prepare for each department convention a list showing the chapters, and the number of 28
delegates to which each chapter is entitled. 29 F. Deliver to a successor all books and property of the department. 30
Section 5 - FINANCE OFFICER 31 A. Pay out monies only upon a proper warrant drawn by the Department Adjutant and 32
approved by the Department Commander. 33 B. Hold and be responsible for the funds, securities, vouchers, warrants, and other financial 34
instruments of the department. 35 C. Prepare and sign each check issued by the department. The Department Commander 36
may be the co-signer of the check. 37 D. Prepare a complete annual financial report on a form provided by the National Adjutant 38
covering the period May 1 to April 30. 39 1) Allow the department’s financial records to be open for inspection by the 40
Department Finance Committee if applicable or a Department Audit committee 41 appointed by the Department Commander before the Department Executive 42 Committee meeting preceding the department convention. The Department 43
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Finance Committee/Audit Committee will report their findings to the Department 1 Executive Committee and the Department Convention. 2
2) Provide a copy to the Department Commander and the department members in 3 attendance a meeting by May 31. 4
3) Provide a copy to the National Finance Officer by May 31. 5 4) Provide a copy to the National Adjutant by May 31. 6
E. Deliver to the new Finance Officer, or to anyone designated by the department, all 7 monies, books, financial statements, and other property of the department. 8
Section 6 - JUDGE ADVOCATE 9 A. Preferably be a licensed attorney and in good standing with their state bar. 10 B. Give the Commander legal and parliamentary assistance as required. 11 C. Provide counsel to the commander and legal advice if he or she is an attorney. 12
Section 7 - INSPECTOR 13 D. Make inspections within the department and the subordinate chapters. 14 E. Inspect the books of each chapter in the department upon request of either a chapter or 15
the department commander. 16 F. Make inspections at the direction of the department commander. 17 G. Reports directly and only to the Department Commander. 18 H. Send an annual inspection report to the National Inspector no later than May 31. 19
Section 8 - SERGEANT-AT-ARMS 20 A. Take a post at the inside door of the meeting room. 21 B. Perform such other duties as the Commander may direct. 22 C. Be responsible for the Department Colors. 23 D. The Sergeant-at-Arms may request the Department Commander to appoint such 24
Assistant Sergeants-at-Arms necessary to assist with his or her assigned duties. 25 Section 9 - CHAPLAIN 26
A. The Chaplain shall be a member of the clergy, when possible. 27 B. Be responsible for the opening and closing prayers of the department meetings. 28 C. Assist in or take charge of certain burial ceremonies for departed Patriots. 29 D. Participate in patriotic ceremonies. 30 E. Perform such other duties as requested by the Commander. 31
Section 10 - CHIEF of STAFF 32 I. Perform such duties as may be required by the Commander. 33
Section 11 - RESIDENCE 34 All department elected and appointed officers shall reside within the geographic boundaries 35 of the Region, or within reasonable commuting distance of the department. 36
ARTICLE VIII - DELEGATES TO CONVENTIONS 37 Section 1 - DEPARTMENT 38
A. Delegates to the department convention shall be elected at a chapter meeting at least 30 39 calendar days prior to the department convention. 40
B. Delegates may be elected for each twelve (12) members, or major fraction thereof, as 41 recorded by the National Adjutant. 42
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Section 2 - NATIONAL CONVENTION 1 A. Delegates to the national convention shall be elected at a chapter meeting at least thirty 2
(30) calendar days prior to the national convention. 3 B. One delegate may be elected for each twelve (12) members, or major fraction thereof, as 4
recorded by the National Adjutant on June 30. 5 Section 3 - VOTING 6
A. Delegates may be voted for on the same ticket by the passage of a resolution so 7 ordering. The resolution must be passed before voting begins. 8
B. The allotted number receiving the highest number of votes shall be declared delegates. 9 Section 4 - DELEGATE LISTS. 10
A. Immediately after the election of delegates, the Chapter Adjutant shall forward the list of 11 names to the Department Adjutant or National Adjutant as the case may be. 12
B. Such lists shall be used by the Credentials Committee in determining duly accredited 13 delegates to Department and National Conventions. 14
Section 5 - CONVENTION PREREQUISITE 15 A. Chapters with fewer than the minimum requirement of twelve (12) members shall not be 16
entitled to any delegates at either Department or National Conventions. 17 B. Chapters must have submitted reports of the chapter’s elected and appointed officers 18
(election report) to be entitled to charter and delegates votes at both Department and 19 National Conventions. 20
C. Departments must have submitted reports of the department’s elected and appointed 21 officers (election report) to be entitled to charter and delegates votes at National 22 Conventions. 23
D. These prerequisites must be met: 24 1) By the start of a department convention for participation at the department 25
convention. 26 2) By June 30 for participation at the National Convention. 27
(a) An exception may be made if the chapter or department has extenuating 28 circumstances and requests their election report be accepted. 29
(b) The Credentials Committee will review the request and make a recommendation 30 to the convention body whether to allow the exception. 31
(c) The convention body will vote by a division of the assembly. 32
ARTICLE IX - NATIONAL CONVENTION 33 Section 1 - SUPREME BODY 34
The supreme power of the Military Order of Purple Heart shall be vested in an annual 35 National Convention. 36
Section 2 - COMPOSITION of the National Convention 37 A. The National Commander, elective National Officers, and Past National Commanders 38
with a voice and a vote. 39 B. All appointed National Officers with a voice, but no vote. 40
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C. All Department Commanders with a voice and a vote. In the absence of the 1 Commander, the Senior Vice Commander or Junior Vice Commander may represent the 2 department. 3
D. All Chapter Commanders with a voice and a vote. In the absence of the Commander, 4 the Senior Vice Commander or Junior Vice Commander may represent the chapter. 5
E. Delegates to be elected by the chapters: 6 1) One for each twelve (12) members, or major fraction thereof. 7 2) Based on the number of chapter members as recorded by the National Adjutant on 8
June 30. 9 Section 3 - MEETINGS 10
A. The National Convention shall be held annually on such calendar days and at such places 11 as shall have been determined at a previous National Convention, or by the NEC. 12 1) Any National Convention Committee may determine convention sites for two or 13
more years in advance. 14 2) Priority will be given to sites which are easily accessible for severely disabled and 15
handicapped individuals. 16 3) If two or more bidding departments have nearly equal bids, the recommendation will 17
be given to the department which has never had a convention. Otherwise, it will go 18 to the department whose convention was held furthest in the past. 19
B. Between Conventions the National Adjutant may poll the NEC for necessary approval, 20 by digital vote, of a suitable Convention time and place. 21
C. In the event a national Convention cannot be held because of a government edict (e.g., a 22 time of a war or any other emergency), a USPS mail or digital vote for the election of 23 officers is to be held not later than October 31. 24
D. The National Adjutant shall notify the membership and allow a thirty (30) day period for 25 candidates to declare candidacy for an office. 26
E. Fifteen (15) calendar days shall be allowed for the return of votes before the vote count. 27 F. The final date of returning the vote shall be designated in the letter explaining the 28
reason for the vote. 29 G. The National Commander will appoint a parliamentarian for the national convention 30
meetings. If he deems necessary a professional parliamentarian may be used at the 31 National Convention. 32 1) At all other meetings, the National Commander will appoint the parliamentarian. 33 2) At national committee meetings, the presiding officer will appoint the 34
parliamentarian. 35 3) Appointed parliamentarians in any meeting, who are members, will not vote on any 36
recommendation they make. 37 Section 4 - Order of BUSINESS 38
The Order of Business at the National Convention, unless otherwise voted by a majority of 39 the votes cast by the convention body, shall be as follows: 40 � Opening of the National Convention in due form. 41 � Roll Call of Departments. 42 � Roll call of Officers. 43 � Reading of Minutes. 44
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� Introduction of Guests. 1 � Appointment of Convention Committees. 2 � Reading of Communications. 3 � Report of Committee on Rules. 4 � Report of Credentials Committee. 5 � Reports of Officers, beginning with that of the National Commander. 6 � Reports of Standing Committees. 7 � Reports of Convention Committees. 8 � Unfinished Business. 9 � New Business. 10 � Final Report of Credentials Committee. 11 � Election of Officers. 12 � Installation of Officers. 13 � Adjourn 14
Section 5 - RULES of the NATIONAL CONVENTION 15 A. Rules of the National Convention, unless otherwise voted by the Convention assembled, 16
shall be as follows: Robert's Rules of Order, Newly Revised. 17 B. Only duly accredited and registered members of the National Convention (Article IX 18
Section 2) shall participate directly or indirectly in discussions or voice vote (hand or 19 standing vote may be permitted) on any subject before the Convention. 20
C. The Chair may grant the floor to any visitor: 21 1) With the consent of a majority of the Convention. 22 2) This privilege shall not be extended for business or point of order. 23
D. The national convention registration fee shall be determined by the National Convention 24 Committee but shall not be less than $25.00 for each attendee. No person otherwise 25 eligible shall be entitled to vote unless registered and paid such fee. 26
E. A member desiring to make a motion or address the Convention will rise, address the 27 Chair as "Patriot Commander," state his or her name, chapter number, and office before 28 proceeding. 29
F. At the discretion of the Presiding Officer, discussions shall be limited to three minutes to 30 each speaker. A Patriot may be permitted to speak only once on any subject, except by 31 the consent of two-thirds vote of the votes cast by the Convention’s delegates. 32
G. Committee Chairmen may speak as frequently as may be necessary about the report of 33 their Committee. 34
H. Voting shall be by acclamation except when these Bylaws call for: 35 1) Division of the Assembly. 36 2) A roll call is called for and approved by a majority of votes cast by the Convention 37
body. 38 3) The election of National Officers shall be by roll call. 39
I. Chapters shall not be entitled to any delegate votes that have: 40 1) Fewer than the minimum requirements of 12 members. 41 2) Not submitted election reports by June 30th. 42
J. Departments that have not submitted election reports by June 30th shall not be entitled 43 to any votes. 44
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K. The vote of Chapter/Department Commanders or Vice Commanders shall be recorded 1 as the chapter’s/department’s charter vote. A commander shall not have more than one 2 charter vote. 3
L. On a roll call vote, the department reporting officer will announce the chapter charter 4 and delegate(s) votes 5 1) One of the Chapter’s Commanders or acting chairman of a chapter delegation shall 6
poll the chapter’s delegates and will inform the Department Reporting Officer how 7 the chapter’s vote shall be cast. 8
2) One or more delegates of a chapter only partially represented may vote the full 9 accredited delegate strength of the chapter. 10
M. Chapters not having any commanders or delegates present may vote automatically 11 through their Department Commander or Vice Commanders. 12 1) In the absence of any of the Department Commanders, a department elected officer 13
may cast the chapters’ delegates votes provided the Department Adjutant has 14 notified the National Adjutant in writing. 15 a) The notification must be sent to the National Adjutant at least ten (10) calendar 16
days prior to the national convention. Extenuating circumstance may be 17 considered by the credentials committee who make a recommendation to the 18 convention body. The convention will vote on the recommendation without 19 discussion. 20
b) The name and title of the department elected officer is required to be the 21 accredited official representative of the chapters’ delegate votes. 22
N. Recommendations for consideration and action of the Convention shall be in the form 23 of resolutions as advanced by chapters, departments, or official committees. 24 1) The resolutions must be signed and dated. 25 2) The resolutions must be received by the National Adjutant at least thirty (30) 26
calendar days prior to the Convention. 27 a) A majority of the votes cast by the delegates is required for the resolution(s) to 28
be referred to the Resolutions, Bylaws, Legislative, or Rituals Committee for 29 study, consideration, and/or recommendation. 30
b) The committee(s) may report with or without a recommendation for approval. 31 3) Mandates and resolutions adopted at each National Convention shall be effective 32
only until the beginning of the next Convention. 33 • Legislative resolutions are excluded from this rule and may carry over from year 34
to year. 35 O. Voting on committee reports may be on the report as a whole or considered in part 36
upon a majority of the votes cast. 37 1) Any part or all the report of a Convention Committee may be referred back for 38
reconsideration or amendment by a majority vote of the votes cast by the 39 Convention. 40
2) A motion to recommit must state the reason for the action. 41 P. Nomination for National Officers shall be from the floor. Nominating speeches are 42
limited to one for each candidate. 43
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Q. If there is no election on the first vote, the name of the person receiving the lowest 1 number of votes may be dropped, and so on in successive votes, until an election is 2 made. 3
ARTICLE X- NATIONAL OFFICERS 4 Section 1 - ELIGIBILITY FOR OFFICE 5
A. All MOPH members shall be eligible for any national office except as otherwise 6 restricted herein. 7
B. A member who wants to be nominated at a national convention and will not be present 8 at the Convention shall submit a written statement to the National Adjutant of the 9 candidate's willingness to accept such office. A two-thirds vote of the votes cast is 10 needed to admit the name for a nomination. 11
Section 2 - OFFICERS 12 The National Officers of the Military Order of the Purple Heart of the USA, Inc., shall be a 13
Commander, Senior Vice Commander, Junior Vice Commander, six Region Commanders, 14 Adjutant, Finance Officer, Judge Advocate, National Inspector, Sergeant-at-Arms, Service 15 Director, Legislative Director, Chaplain, Americanism Officer, Surgeon, Historian, Public 16 Relations Director, Women’s Veterans Coordinator, and VAVS Director 17
Section 3 - ELECTION and APPOINTMENT of OFFICERS 18 A. The Commander, Senior Vice Commander, Junior Vice Commander, Finance Officer, 19
Judge Advocate, National Inspector, and Sergeant-at-Arms shall be elected annually at 20 the National Convention. 21
B. Six Region Commanders shall be elected annually at the National Convention. 22 1) Each Region’s Commander Candidate(s) is nominated and elected by the region’s 23
departments. 24 2) The region commander must be a resident of the region that elects him or her. 25 3) The ranking commander from each department in the Region will vote the 26
Department Caucus’ selection. 27 4) The membership strength will not be used in the election; the vote shall be one 28
department, one vote. 29 5) In the event of a tie within the Region, after three tie votes, the vote will go to the 30
convention body with each department having one vote. Appointed National 31 Officers will not have a vote. 32
C. The newly elected National Commander: 33 1) Shall appoint the National Adjutant, Service Director, Legislative Director, 34
Chaplain, Americanism Officer, Surgeon, Historian, Public Relations Director, 35 Women’s Veterans Coordinator, VAVS Director, and Director of Medal Recovery. 36
2) May appoint one Chief of Staff in states which have no department organization. 37 Section 4 - TERM of OFFICE 38
A. The National Officers shall enter upon the duties of their respective offices immediately 39 after the adjournment of the meeting or Convention at which they were elected or 40 appointed. Said officers shall hold office until the next annual Convention or until a 41 successor is duly elected or appointed and installed. 42
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B. No National Commander, National Senior Vice Commander, or National Junior Vice 1 Commander shall succeed him or herself by election to a second full term. 2 1) If the National Commander, is permanently unable to finish the term of office and 3
the Senior-Vice Commander accedes to the office he or she may stand for election to 4 be National Commandeer, provided the unfinished term of the predecessor is (183 5 calendar days) or less. 6
2) If the National Junior-Vice Commander, accedes to the office National Senior-Vice 7 Commander he or she may stand for election to be National Senior Vice-8 Commandeer, provided the unfinished term of the predecessor is (183 calendar days) 9 or less. 10
3) If a Region Commander is elected to the office National Junior-Vice Commander 11 other than at National Convention, he or she may stand for election to be National 12 Junior-Vice-Commandeer, provided the unfinished term of the predecessor is (183 13 calendar days) or less. 14
Section 5 - VACANCIES 15 A. In the event of a vacancy in the office of National Commander, the National Senior Vice 16
Commander shall at once succeed to the title and duties of the position. In the event of 17 a vacancy in the office of the National Senior Vice Commander, the National Junior 18 Vice Commander shall at once succeed to the office of the National Senior Vice 19 Commander. 20
B. The NEC shall elect an officer to fill the position of National Junior Vice Commander 21 until the next Convention from one of the six (6) Region Commanders. 22
C. Vacancies occurring in the elective offices of the National Organization shall be filled by 23 the NEC in the following manner: 24 1) The National Commander shall duly notify all the National Executive Committee 25
members of the vacancy. Thirty (30) calendar days after the notification of the 26 vacancy the National Adjutant shall notify the NEC members of the names of 27 Patriots announcing for the position. 28
2) National Executive Committee members will vote to fill the vacancy by digital 29 voting. 30
3) The votes shall be opened: 31 a) At a time specified by the National Commander. 32 b) By tellers appointed by the National Commander. 33 c) In the presence of such officers of the National organization as the Commander 34
may designate. 35 4) The Patriot receiving the highest numbers of votes shall be declared duly elected to 36
the office. The National Adjutant shall notify the NEC members of the results. 37 (Article XII Section 2, I, 3), a), b), c). 38
5) The region shall elect an officer to fill the position of Region Commander until the 39 next Convention from one of the region’s department commanders. 40
Section 6 - VOTING 41 A. At regular meetings of the National Executive Committee, the rules shall be as follows: 42
1) Each elected member of the NEC present at a meeting shall have one vote 43
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2) All appointed officers shall be without a vote. 1 3) One-third of the eligible membership of the NEC present at a meeting shall 2
constitute a quorum. 3 4) No proxy votes may be counted. 4
B. At special meetings of the NEC, the rules shall be as follows: 5 1) Executive Committee members will vote by digital voting (Article XII Section 2, I). 6 2) These votes shall be opened: 7
a) At a time specified by the Commander. 8 b) By tellers appointed by the Commander. 9 c) In the presence of the National Adjutant, or in his or her absence the National 10
Service Director, or Legislative Officer. (Article XII Section 2, I, 2). 11 C. At National Conventions, the rules shall be as follows: 12
a) Each member of the National Convention (Article IX Section 2, A thru E) 13 present at a meeting of the Convention shall be entitled to one vote. 14
b) All appointed officers shall be without vote. 15 c) The vote of Chapter/Department Commanders or Vice Commanders shall be 16
recorded as the charter vote. 17 d) One or more delegates of a chapter only partially represented may vote the full 18
accredited delegate strength of the chapter. 19 e) The department roll calls reporting officer will be bound to vote as the Chapter 20
Commander and delegate(s) instructed. 21 f) No proxy votes may be counted. 22
D. At National Conventions, the rules shall be as follows for any chapter delegates absent 23 and not represented by the Chapter Commander, Senior Vice Commander, or Junior 24 Vice Commander may be cast automatically in the order named by the: 25 1) Department Commander 26 2) Department Senior Vice Commander 27 3) Department Junior Vice Commander 28
E. If none of the department commanders are present, then the vote of any chapter 29 delegates absent and not represented may be cast by any other department elective 30 officer present provided: 31 1) The Department Adjutant has notified the National Adjutant in writing or e-mail of 32
whom will carry the vote. 33 2) The letter or e-mail was sent at least ten (10) calendar days prior to the National 34
Convention. The beginning of the ten (10) calendar days is determined by the 35 postmark on the letter’s envelope or the date the e-mail was sent (Article IX Section 36 5, M, 1) a). 37
ARTICLE XI - DUTIES of NATIONAL OFFICERS 38 Section 1 - NATIONAL COMMANDER 39
A. As the executive head of the MOPH shall have full power to enforce the Constitution 40 and Bylaws of the Order within the limitations of these Articles. 41
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B. Shall carry out the orders and directives of the National Convention and the Executive 1 Committee by issuing such orders as may be necessary. 2
C. Preside at the National Convention and National Executive Committee (NEC) meetings. 3 1) Decide all questions of law and usage. 4 2) Decisions may be appealed to the National Convention or the NEC bodies 5
respectively. 6 D. Authorize by signature or digital signature: 7
1) Warrants that are properly drawn on the Finance Officer by the National Adjutant. 8 2) Official papers. 9 3) Contracts properly authorized and approved by the National Convention. 10 4) Contracts properly authorized and approved by the NEC provided: 11
a) The contracts are within the authorization prescribed in these Articles. 12 b) The contracts are within the mandates specifically granted to it by the National 13
Convention. 14 5) Co-authorize all disbursements to be properly issued by the Finance Officer. 15
E. Will appoint the following officers upon entering office: 16 1) A National Adjutant, National Service Director, and National Legislative Director. 17
a) Each appointment or reappointment will require a majority vote of the NEC 18 votes cast for approval. 19 1) Vote(s) will be taken separately for each office. 20 2) Voting will be by a Division of the Assembly 21
b) If the Commander does not desire to reappoint either the National Adjutant, 22 National Service Director or Legislative Director, the Commander will so state. 23 1) It will require a two thirds (2/3) vote of the NEC votes cast for the officer 24
to not be reappointed. 25 2) If the vote does not reach the two thirds (2/3) vote threshold, the subject 26
officer will be considered reappointed. Another vote is not required. 27 c) All three officers may be given a one-year contract with a second-year option. 28
1) The option year will require a simple majority vote for approval unless the 29 new Commander exercises the provisions of Article XI Section 1, E, 1)b). 30
2) Each year’s new contract may provide for an option year. 31 3) Negotiators representing the Order on these contracts will be: 32
(a) The National Senior Vice Commander, National Junior Vice 33 Commander. 34
(b) National Adjutant for Adjutant’s position. 35 (c) National Service Director for the service director’s position. 36 (d) If either the National Adjutant or National Service Director is unavailable 37
or ineligible to participate in the negotiations, then the responsibility will 38 go to the other i.e. National Adjutant replacing the National Service 39 Director and vice versa. 40
(e) The current National Commander cannot overturn the recommendations 41 of the three negotiators. 42
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4) The National Judge Advocate will review the negotiated terms of the 1 contract and will ensure the contracts will be valid and legally binding. 2
5) The National Commander will be the signatory on the contracts. 3 2) Chaplain, Americanism Officer, Public Relations Director, and VAVS Director. 4
Appointment(s) will require a majority vote of the NEC votes cast for approval. 5 3) Chief of Staff in each State which has no department organization and Aides-de-6
Camp as may be necessary. 7 4) Committees and officers not otherwise provided for. 8 5) A National Bylaws Committee of nine members will be appointed by the National 9
Commander. 10 a) The National Com m an der wi l l appoin t ei t h er t h e Nat ion al 11
Sen ior Vice Com m an der , Nat ion al Ju n ior Vice Com m ander , 12 or on e of t h e six Region Com m an der s to ser ve as th e 13 ch ai r m an . 5 14
b) It will consist of members who have demonstrated: 15 1) Their knowledge of the bylaws. 16 2) How to interpret the bylaws. 17 3) An Institutional memory acquired through years of experience in the Order. 18 4) They are of high ethical character. 19
c) The National Judge Advocate will be available for consultation with the National 20 Bylaws Committee. He or she will not be a part of the committee. 21
6) All such appointments shall be published by the National Adjutant not less than 22 thirty (30) calendar days after appointment. 23
F. May appoint any such officers who are salaried or receive an expense allowance 24 exceeding $100.00 per month. 25 1) Appointment(s) will require a majority vote of the NEC votes cast for approval. 26 2) Such Officers may only be removed by two thirds (2/3) vote of the NEC votes cast 27
after the National Commander has recommended removal. 28 3) In removing other officers, the National Commander may request an endorsement 29
vote of the National Executive Committee, but this endorsement is not mandatory. 30 G. May appoint a parliamentarian pro tem at meetings. 31 H. Be responsible for: 32
1) Having the Public Relations Director develop a nationwide program of publicity for 33 the Order. 34
2) Developing plans for a social media program and the Order’s website. 35 3) Cooperating with other veterans’ organizations on mutually beneficial programs of 36
legislation, Department of Veterans Affairs issues, and other veterans’ activities. 37 2) May approve legislative issues that occur between conventions that require timely 38
decisions. 39 I. Devote major time to the coordination of all the activities of the National Officers, 40
departments, and chapters. 41
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J. Be an ex-officio member of the National Finance, Publications, and Executive 1 Committees with a voice and a vote. 2
Section 2 - NATIONAL SENIOR VICE COMMANDER 3 A. Assist the Commander by counsel and otherwise. 4 B. If the National Commander is absent or becomes disabled, he or she shall discharge the 5
duties of the National Commander. 6 C. In the event of a vacancy in the office of the National Commander, the National Senior 7
Vice Commander shall at once succeed to the title and duties of that position. 8 D. Be responsible for: 9
1) Membership recruitment. 10 2) Coordinating with the National Adjutant in developing plans for social media 11
program and the Order’s website. 12 3) Overseeing the social media program. 13 4) Chapter and department organization or reorganization. 14
E. Be assisted in the execution of membership responsibilities by the National Junior Vice 15 Commander and the six (6) Region Commanders. 16
F. May ser ve as th e ch ai r m an of t h e Nat ion al By laws Com m i t tee. 6 17 G. Be an ex-officio member of the NEC with a voice and a vote. 18 H. Be an ex-officio member of the National Finance Committee with a voice but no vote 19
Section 3 - NATIONAL JUNIOR VICE COMMANDER 20 A. Assist the National Commander by counsel and otherwise. 21 B. If the National Senior Vice Commander is absent or becomes disabled, he/she shall 22
discharge the duties of the National Senior Vice Commander. 23 C. In the event of a vacancy in the office of the National Senior Vice Commander, the 24
National Junior Vice Commander shall at once succeed to the title and duties of that 25 position. 26
D. Be directly responsible to the National Senior Vice Commander for the membership 27 recruitment and organization of new chapters, as well as the reorganization of inactive 28 chapters. 29
E. Supervise the activities of the six Regions Commanders and/or the National Chiefs of 30 Staff. 31
F. May 7 serve as the chairman of the National Bylaws Committee. 32 G. Be an ex-officio member of the NEC with a voice and a vote. 33 H. Be an ex-officio member of the National Finance Committee with a voice but no vote 34
Section 4 - REGION COMMANDERS 35 A. Assist the National Junior Vice Commander, the National Senior Vice Commander, and 36
National Commander by counsel and otherwise. 37 B. Be under the supervision of the National Junior Vice Commander. 38 C. Be directly responsible for the development of effective programs for new membership 39
and organization of new chapters and departments in their respective Regions. 40 D. The Region Commander shall supervise the activities of each Department and/or State 41
within the region’s boundaries. For this purpose, will issue such orders as may be 42
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necessary to enforce a strict observance and compliance with all orders from the 1 National Headquarters. 2
E. Have authority to appoint National Region Chiefs of Staff to assist as needed.. 3 F. Shall be on any other Committee(s) as appointed by the National Commander. 4 G. Have the authority to appoint an unpaid Region Adjutant to assist in communications 5
and record keeping. 6 H. Should a Region Commander move outside the geographical boundaries or his or her 7
Region, then he or she will immediately vacate that region commander’s office. 8 I. Be an ex-officio member of the NEC with a voice and a vote. 9
Section - 5 NATIONAL ADJUTANT 10 A. The National Adjutant’s responsibility as the Executive Secretary of the Order is to 11
work on the administrative responsibilities assigned under these bylaws and additional 12 duties as assigned by the National Commander. 13 1) The National Adjutant’s normal duty station is in the National Headquarters. 14 2) Occasionally, it may be necessary for the National Adjutant to attend meetings and 15
functions outside the Headquarters’ building. 16 B. Be responsible for the recording and transcription of the minutes of the National 17
Convention, National Finance, and NECs meetings. 18 1) Publish the minutes of the National Convention and make them a matter of record. 19 2) Ensure the minutes of the National Finance and Executive Committees shall be 20
distributed to the entire membership of the respective Committees. 21 C. Prepare briefs for the meetings of the National Finance and Executive Committees held 22
immediately before and after the national convention. 23 D. Conduct the necessary correspondence for the National organization. 24 E. Issue the orders as directed by the National Commander or those of other authorized 25
officers or committees. 26 F. Prepare all forms and publications required for the successful performance of duties as 27
required by the Commander and the Constitutions and Bylaws of the MOPH. 28 G. Keep proper files of all correspondence, applications for membership, general and 29
special orders issued, and other papers and records of the office. 30 H. Keep the Master of the Constitution, Bylaws, and Rituals. 31
1) This includes the paper version as well as the digital version. 32 2) The digital Master of the Bylaws shall be kept so that the National Adjutant is the 33
only person to have access to the file. 34 3) When changes are made by national conventions, the National Adjutant will make a 35
copy that may be used by whoever has been delegated the responsibility of updating 36 the Constitution, Bylaws, and/or Rituals. 37 a) The changes will be reviewed by the National Adjutant and National Judge 38
Advocate for accuracy. 39 b) Then the amended version will be noted as to which version it is by sequential 40
numbering in the footer. 41
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c) An end note will be added to the changed wording denoting the year the 1 amendment was passed. It will also contain a brief explanation as to why the 2 change was made. 3
4) The amended version will then become the official version of the Bylaws. 4 5) The original Master version and all later amended versions will be kept protected by 5
the National Adjutant. 6 a) When the National Adjutant has need of updating the Bylaws, a duplicate will be 7
made to allow a trusted key employee to type the changes. 8 b) After the changes have been made, the National Adjutant will save the file as the 9
new Master using a password known only to him or her. 10 c) The password(s) protecting the Masters will be kept in a sealed envelope in a 11
secure place which is known only to a trusted key Headquarters staffer and the 12 National Judge Advocate. 13
I. Submit to the Convention a list showing the chapters and departments who have 14 submitted election reports as of June 30 to determine the number of delegates for each 15 chapter and department. 16
J. Be responsible for the preparation and annual publishing of the names and addresses of 17 every National Officer, Department Commander, Department Adjutant, Chapter 18 Commander and Chapter Adjutant, and such other officers and committees as may be 19 desirable. As subsequent names and addresses or corrections are received, the list shall 20 be updated accordingly. 21
K. Prepare, approve, and authorize by signature or digital signature all warrants drawn upon 22 the National Finance Officer for payment of bills. 23 1) The warrants shall be substantiated by bills or other proper authority. 24 2) Determine that budgets have not been exceeded prior to signing such warrants. 25 3) All requests for payments to be made by the Order including petty cash funds, 26
whether covered by budgetary allowance or otherwise, must be submitted to the 27 National Adjutant for approval and vouchering. 28
4) Immediately advise the National Commander, Chairman of the Finance Committee, 29 and all the National Finance and Executive Committees’ members of any attempt to 30 circumvent these procedures. 31
L. Maintain a complete and accurate inventory of all present and newly acquired office 32 equipment, furniture, files, desks, chairs, and other property owned by the National 33 Corporation at the National Headquarter or by any officer or member at any location. 34 Semiannually release the list to the National Finance Officer for inclusion in the 35 semiannual and annual financial reports. 36
M. Be directly responsible for the operation of the supply department of the organization, 37 subject to such regulations as are hereinafter defined. 38
N. Be directly responsible for ensuring the Order’s website is updated monthly. 39 O. Be bonded by a surety company for the faithful discharge of duties. The amount of the 40
bond and the surety company shall be determined by the National Finance Committee 41 and approved by the NEC. 42
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P. Receive as compensation for services such sum as the National Finance Committee shall 1 recommend to the NEC for determination. 2 1) The amount agreed upon shall be on an annual basis. 3 2) A contract must be approved by the National Finance and Executive Committees. 4
Q. Upon termination of office, transfer to a successor all books, papers, records, and 5 property of the MOPH. 6
R. Be an ex-officio member of the NEC with a voice and no vote. 7 S. Attend National Finance Committee meetings. 8
1) Will not be a member of the committee. 9 2) Attendance is to provide information and answer questions concerning the National 10
Headquarters’ budget. 11 Section - 6 NATIONAL SERVICE DIRECTOR 12
A. The National Service Director’s duty station is in the National Headquarters. 13 Occasionally, it may be necessary for the National Service Director to attend meetings 14 and functions outside the Headquarters’ building. 15
B. Shall be accredited as a National Service Officer by the Department of Veterans Affairs 16 (DVA). 17
C. Direct, supervise, and coordinate the activities of all National Service Officers. 18 D. Make qualified recommendations to the Department of Veterans Affairs for 19
accreditation of MOPH National Service Officers. 20 E. Supervise and direct Military Order of the Purple Heart Service Office personnel in: 21
1) Claims and appeals involving the Regional and Central Office(s) of the DVA on 22 Compensation, Pension, or Dependency and Indemnity Compensation (DIC). 23
2) Other similar matters pertaining to the Military Order of the Purple Heart members, 24 their widows, orphans, families, and dependents. 25
3) National Adjutant’s office personnel in the Adjutant’s absence. 26 F. Arrangement for the representation of such persons in the presentation of appeals 27
before the Board Veterans Appeal of the DVA and United States Court of Appeals for 28 Veterans Claims. 29
G. Ensure that everyone represented by the Military Order of Purple Heart Service Program 30 has been provided a Power of Attorney authorizing the Military Order of the Purple 31 Heart to represent them. 32
H. Review monthly and periodic reports of activities required of the National Service 33 Officers. 34
I. Provide an annual report on the Service Program to the National Convention 35 J. Coordinate with the Legislative Director in the preparation and presentation of federal 36
legislation pertaining to Compensation, Pension, DIC claims, and other service-related 37 matters. 38
K. Act as the Legislative Director in the absence of the appointed Legislative Director. 39 L. Maintain good relations with other veteran service organizations and government 40
agencies for the benefit of veterans and their families. 41 M. Cooperate with Welfare Officers in handling service claims of hospitalized veterans. 42
Cooperate in the VAVS Program as requested. 43
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N. Use the Purple Heart Magazine and other publications to provide information relating to 1 matters of service, rehabilitation, welfare, and service-related legislative activities. 2
O. Receive as compensation for services rendered such sum as the National Finance 3 Committee shall recommend to the NEC for determination. 4 1) The amount agreed upon shall be on an annual basis. 5 2) A contract must be approved by the National Finance and Executive Committees. 6
P. Be an ex-officio member of the Legislative Committee with a voice and a vote. 7 Q. Be an ex-officio member of the NEC with a voice and no vote. 8 R. Attend National Finance Committee meetings. 9
1) Will not be a member of the committee. 10 2) Attendance is to provide information and answer questions concerning the National 11
Service Program’s budget. 12 Section 7 - NATIONAL FINANCE OFFICER 13
A. The National Finance Officer is responsible to and under the direction of the National 14 Finance Committee. 15
B. Take charge of all the funds of any nature or any source and deposit these promptly only 16 in such separate or consolidated bank deposit accounts. Any banks used by the Order 17 require the approval of the National Finance Committee. 18
C. Keep a correct account of all monies due and receivable. 19 D. Disburse monies payable by the MOPH. 20
1) The disbursement request shall be on a warrant (accompanied by substantiating bills 21 or other proper authority properly) drawn and authorized by the National Adjutant’s 22 signature or electron signature. 23
2) No payment shall be issued for any expenditure that will exceed the budgeted 24 amount approved by the National Finance and Executive Committees. 25
3) Notify the Chairman of the National Finance Committee of any request for 26 expenditures beyond budgetary amounts. The National Finance Committee will 27 take whatever action deemed necessary. 28
E. Will compile and maintain a complete and accurate list of all disbursement contacts to 29 include the name of the financial institution with the account and routing numbers for 30 processing and digital payments. 31 1) Payments may be made by direct deposit to the payee’s bank account. 32 2) Direct deposit to the payee’s bank account is the suggested method, but is not 33
mandatory. 34 F. Take possession of and be responsible for all securities, other negotiable instruments, or 35
other similar property of the MOPH. 36 1) They shall be deposited in a safe depository approved by the National Finance 37
Committee. 38 2) All such securities and negotiable documents of monetary value shall be properly 39
inscribed with an instruction that they cannot be sold, transferred, or posted for loan 40 purposes without properly documented authorization issued, signed, and notarized 41 by the National Finance Committee after approval by the NEC. 42
G. Keep a complete detailed record of all liabilities of the Corporation. 43
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H. Keep warrants, vouchers, and records per the procedures authorized by the National 1 Finance Committee. 2
I. Prepare and publish semiannually a complete financial report consisting of: 3 1) A detailed account of all cash receipts and disbursements by category, with every 4
salary or expense account of an officer, employee, or member shall be shown 5 separately. 6
2) Report other itemization as may be prescribed by the National Finance Committee. 7 3) A full detailed inventory of all equipment, furniture, and supplies of the National 8
Corporation. 9 4) A complete list of all current liabilities. 10 5) All the above shall be in a form acceptable to the National Finance Committee. 11
These reports shall reflect the six-month interim period account balances ending 12 December 31, and for the June 30 end-of-the-year balances. 13 a) The six-month report for the period ending December 31 shall be prepared and 14
published not later than the following March 1. The reports shall be distributed 15 to the entire membership of the National Finance Committee 16
b) The annual report for the period ending June 30 of each year shall be prepared, 17 published, and issued not later than the National Convention. It shall be 18 distributed to every: 19 (1) Member present at such National Convention. 20 (2) Member of the National Executive and Finance Committees. 21
J. Be Audited annually by an independent Certified Public Accountant engaged by and 22 responsible to the National Finance Committee. 23
K. Ensure reports of the National Finance Officer and of the Certified Public Accountant 24 shall comply in every respect with the requirements as set forth in the Congressional 25 Charter, Public Law 761, 85th Congress as amended by 36 USC Chapter 1405. 26
L. Be bonded for the faithful discharge of duties in an amount and by such surety company 27 as may be determined by the National Finance Committee and approved by the NEC. 28
M. Receive such compensation for services and faithful discharge of duties as may be 29 recommended by the National Finance Committee and approved by the NEC. 30
N. Upon termination of office deliver to the new National Finance Officer all monies, 31 books, records, equipment, files, office furniture, and other property of any nature 32 belonging to the National Corporation. 33
O. Be an ex-officio member of the: 34 1) NEC with a voice and a vote. 35 2) National Finance Committee with a voice and no vote. 36
Section 8 - NATIONAL JUDGE ADVOCATE 37 A. The National Judge Advocate shall be an active licensed attorney and in good standing 38
with his/her state bar. 39 B. Be the legal advisor of the National Corporation: 40
1) Provide the National Commander advisory opinions and recommendations. To 41 avoid a conflict of interest or the appearance of a conflict of interest, the Judge 42 Advocate will: 43
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a) Have no authority to make any decisions or issue orders. 1 b) Have a vote during the National Convention 2 c) Have a vote during the NEC meeting. 3
2) At other times when such legal advice on the interpretation of the Constitution and 4 Bylaws by any National or Department officer may be requested. 5
3) Will be available for consultation with the National Bylaws Committee. He or she 6 will not be a part of the committee. 7
4) Provide an opinion upon request for advice by chapter and/or department officers, 8 which have been made through the Department Judge Advocate. 9
C. Make advisory opinions and usage of the Constitution and Bylaws of the organization. 10 1) The National Commander shall render his or her decision(s). 11
a) The decision(s) shall be subject to appeal to the NEC and/or National 12 Convention. 13
b) The NEC or the National Convention shall have the power to rescind or modify 14 the decisions. In all such cases, the decision of the National Convention shall be 15 final. 16
D. Be the primary legal counsel on all legal matters of any nature which include: 17 1) Contracts, lawsuits, or threatened suits involving the National Corporation. Making 18
such advisory opinions as are necessary. 19 2) Referring legal matters to outside legal firms as shall be employed by direction of the 20
National Commander with the approval of the NEC. 21 3) Without the approval of the National Commander and the approval of the NEC, an 22
individual(s) who contracted for the outside legal firm would be financially liable for 23 the fees of the legal firm(s). 24
E. Provide advice and recommendation(s) to the National Commander when chapters, 25 departments, or any subsidiaries of the MOPH desire to incorporate. 26 1) Review all bylaws submitted by departments and non-department chapters for 27
compliance with the National Constitution and Bylaws. 28 2) After the review make a recommendation(s) to the National Commander. 29
F. Be an ex-officio member of the: 30 1) NEC with a voice and a vote 31 2) National Finance Committee with a voice but no vote. 32
Section 9 - NATIONAL INSPECTOR 33 A. Will be the principle advisor to the National Commander on inspections and 34
investigations. 35 B. Reports directly to the National Commander. 36 C. The National Inspector will give suggestions to the Department Inspectors. 37 D. Make such inspections of departments or chapters as necessary or are requested or 38
delegated by the National Commander. 39 E. Inspections of chapters shall be made by the Department Inspector unless a request 40
shall be made by the department or chapter to the National Inspector. 41 F. The National Inspector, when directed by the National Commander after consultation 42
with the Judge Advocate, shall also have the authority to make such inspections without 43
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notice to the department or chapter to be inspected. The inspections shall consist of by 1 not limited to: 2 1) Criticism and correction of the methods of bookkeeping and keeping of records. 3 2) Checking on the use of the National Bylaws are the functions of the National 4
Inspector. 5 3) On matters as directed by the National Commander. 6
G. Do an inspection at the request of the National Commander of any National Officer’s 7 office including the National Adjutant, Service Director, and Legislative Officer.. 8
H. Consolidate all reports made to the Department Inspector by chapters to be included in 9 the annual report to the National Convention. 10
I. Be an ex-officio member of the NEC with a voice and a vote. The National Inspector 11 will not vote on any actions where he or she was involved. 12
Section 10 - NATIONAL SERGEANT-AT-ARMS 13 A. Take a post at the inside door of the meeting rooms at the National Convention and 14
NEC. 15 B. Perform such other duties as the National Commander may direct. 16 C. Perform such other duties incident to the office, or as the National Convention may 17
direct. 18 D. Be responsible for the National Colors. 19 E. The Sergeant-at-Arms may request the National Commander to appoint such Assistant 20
Sergeants-at-Arms as deemed necessary to assist in carrying out assigned duties. 21 F. Be an ex-officio member of the NEC with a voice and a vote. 22
Section 11 - NATIONAL LEGISLATIVE DIRECTOR 23 A. Direct and supervise all federal legislative activities of the Military Order of the Purple 24
Heart of the USA, Inc. 25 B. Assist the National Adjutant as needed. 26 C. Promote and carry out an aggressive federal legislative program on behalf of combat-27
wounded veterans of the Armed Forces of the United States. 28 D. Be the representative on behalf of the Order to Congressional Committees. 29 E. Be vigilant that no federal legislation shall be sponsored or endorsed by any Officer or 30
member of the MOPH unless it has been approved by the National Commander or a 31 designated representative of the National Commander. 32
F. Coordinate activities with the National Service Director who shall cooperate in the 33 preparation and presentation of bills to Congress pertaining to Compensation, Pension, 34 DIC claims, and other service matters. 35
G. Prepare a legislative program including resolutions and recommendations on legislation 36 affecting combat-wounded veterans that may have been mandated by the National 37 Convention or by the NEC in the interim. 38
H. With the assistance of the National Service Director present such program(s) to 39 Congress as has been prepared by the National Legislative Committee. 40
I. Will get the approval of the National Commander concerning legislative issues that 41 occur between conventions that require timely decisions. 42
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J. Inspect all copies of bills or proposed bills for state legislatures sent by the Department 1 Legislative Officers. Make recommendations for approval or disapproval all proposed 2 legislation to be sponsored by this organization in any state 3
K. Ensure no legislation of conflicting purposes will be introduced in different states. 4 L. Serve as Chairman of the Legislative Committee and recommend members for the 5
Committee to the National Commander’s approval. 6 M. Be an ex-officio member of the NEC with a voice and no vote. 7
Section 12 - NATIONAL CHAPLAIN 8 A. The National Chaplain shall be an ordained clergyman or licensed minister. 9 B. Perform such duties as may be required by the National Commander. 10 C. Be an ex-officio member of the NEC with a voice and no vote. 11
Section 13 - NATIONAL AMERICANISM OFFICER 12 A. The National Americanism Officer shall direct and coordinate the activities of the 13
chapters and departments in the development and promotion of a program of "positive 14 Americanism." Such programs shall be in harmony with the principles and objects of 15 this Corporation as set forth in the Order’s Congressional Charter. 16
B. Submit an annual budget request through the National Adjutant to the National Finance 17 committee. 18
C. Make periodic reports of activities as necessary and shall compile and consolidate reports 19 from chapters and departments for an annual written report to the National Convention. 20
D. Perform such other duties incident to the office and such other duties as the National 21 Commander may direct. 22
E. Be an ex-officio member of the NEC with a voice and no vote. 23 Section 14 - NATIONAL PUBLIC RELATIONS DIRECTOR 24
A. Be responsible for developing and promoting good publicity and public relations for the 25 National Corporation and National Convention. 26
B. Perform such other duties incident to the office and such other duties as the 27 Commander may direct. 28
C. Assist chapters and departments in developing local public relations initiatives 29 D. Submit an annual budget request through the National Adjutant to the National Finance 30
committee. 31 E. Be an ex-officio member of the NEC with a voice and no vote. 32
Section 15 - VETERANS AFFAIRS VOLUNTEER SERVICE (VAVS) DIRECTOR 33 A. Be appointed by the National Commander and shall be responsible for all aspects, 34
programs and protocols of the MOPH VAVS Program. 35 B. May appoint up to three (3) National Deputy VAVS representatives. Additional 36
National Deputy VAVS representative may be appointed with the National 37 Commander’s approval and after receiving prior approval from the Department of 38 Veterans Affairs (DVA), Central Office, VAVS Office. 39 1) One of these deputies will serve as the National Certifying Official. 40 2) Be responsible for making appointments—based upon recommendations of the 41
Department Commander—of local representatives and deputies to the Veterans 42 Administration Medical Centers (VAMC) and State Veterans Homes. 43
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C. Shall annually update the MOPH National VAVS Handbook, and provide training of 1 Department VAVS Officers. 2
D. Submit an annual report to the National Convention. 3 E. The National VAVS director or a deputy is required to attend the Department of 4
Veterans Affairs National Advisory Committee (NAC) meeting and the Executive 5 Committee meeting to that body. One National Deputy Representative may attend the 6 NAC meeting within budget limitations. The VAVS Director shall serve as the voting 7 member representing the Military Order of the Purple Heart on the NAC. 8
F. Submit an annual budget request through the National Adjutant to the National Finance 9 committee. 10
G. Review all quarterly local VAVS committee minutes. When the local MOPH 11 representative(s) or Deputy Representative(s) fails to attend three consecutive quarterly 12 meetings, as required by the DVA directive, the National VAVS director will remove 13 these individuals. The notification may be in a written letter and/or digital 14 communication. 15 1) The National Commander will be kept informed on a case-by-case basis. 16 2) The notification of the removal will be sent to local VAMC VAVS Chief, 17
department commander, and the individual. 18 H. Review all Annual Joint Review (AJRR) reports, endorse them with comments, and 19
return to the MOPH local VAVS Representative. 20 I. Be an ex-officio member of the NEC with a voice and no vote. 21
Section 16 - DIRECTOR OF WOMEN VETERANS’ ISSUES. 22 A. The Director of Women Veterans’ Issues shall perform the duties incident to her or his 23
office and such other duties as the Commander may direct. 24 B. The Director will reach out to female members to provide them with relevant 25
information on a regular basis and to assess any needs that they may have at that time. 26 C. The Director will address specific requests for assistance from female veterans – both 27
members and non-members – on a wide variety of issues as they arise. 28 D. The Director will actively update the Women Veterans issues webpage with current 29
information to assist our female veterans. 30 E. The Director will search for other female MOPH members who will volunteer to assist 31
in looking for speaking and writing opportunities to promote the Program and women 32 veterans’ issues. 33
Section 17 - NATIONAL SURGEON 34 The Surgeon shall be a licensed physician, or medical practitioner, and shall perform such 35 duties incident to his office or as the Commander may direct. He or she shall give advice to 36 the National Service Director as may be required and shall submit recommendations to the 37 National Legislative Committee. 38
Section 18 - NATIONAL HISTORIAN 39 The Historian shall compile a history of the activities of the National organization during 40 his term of office, to be kept as a permanent record of the National organization. He or 41 she shall perform such other duties as may be required or as the Commander may direct. 42
Section 17 - NATIONAL CHIEFS of STAFF 43
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In states without a department, the National Chiefs of Staff shall be: 1 A. Responsible for the coordination of the activities of existing chapters, 2 B. Responsible for the organization of new chapters in the state for the purpose of 3
organizing a department. 4 C. Responsible to their respective National Region Commander. 5 D. Recommend to the National Commander through the National Adjutant the 6
appointment of such other Deputy Chiefs of Staff as are deemed desirable. 7 Section 18 - REGION CHIEFS of STAFF 8
A. Be appointed by and be responsible to the respective Region Commanders. 9 B. Assist in membership activities and new chapter organization in conjunction with the 10
Region Commander. 11 C. Perform such duties as may be required by the Region Commander. 12
Section 19 - Director Medal Recovery 13 A. Be appointed by the National Commander. 14 B. Responsible for assisting National Headquarters, Departments, and Chapters with lost 15
and or found medal recovery and return inquiries. 16 C. Such other duties and responsibilities will be assigned by the Commander. 17
ARTICLE XII - NATIONAL COMMITTEES 18
Section 1 - NATIONAL EXECUTIVE COMMITTEE 19 A. The National Commander, Past National Commanders, National Senior Vice 20
Commander, National Junior Vice Commander, six Region Commanders, National 21 Finance Officer, National Judge Advocate, National Inspector, National Sergeant-at-22 Arms, Department Commanders, National Finance Committeemen, and National 23 Publications Committeemen who shall all have a voice and a vote. 24 1) In t h e absen ce of th e Com m an der , t h e Sen ior Vice Com m an der 25
or Jun ior Vice Com m an der m ay r ep r esen t t h e depar t m en t at 26 t h e NEC m eet in gs in t h e con ven t ion ci t y at t h e p r e-con ven t ion 27 an d post n at ion al con ven t ion NEC m eet in g. 28
2) On ly t h e Depar tm en t Com m an der h as a vote du r in g al l oth er 29 NEC votes.8 30
B. The National Adjutant, National Service Director, National Legislative Director, 31 National Chaplain, National Americanism Officer, National Public Relations Director, 32 VAVS Director, Director of Women Veterans Issues and Director Medal Recovery 33 program who shall have a voice no vote. 34
C. Hold office for one year or until a successor is chosen and duly installed. 35 Section 2 - DUTIES of NATIONAL EXECUTIVE COMMITTEE 36
A. Meet in the convention city immediately preceding the National Convention 37 B. Meet in the convention city within 24 hours following the adjournment of the National 38
Convention. 39 C. May meet during the interval between National Conventions: 40
1) At the discretion of the National Commander. 41
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2) At the written request of a majority of the NEC. 1 3) Digital meetings are allowed between conventions. 2
D. One-third of the eligible membership of the whole NEC shall constitute a quorum. 3 E. Be vested, in the interval between Conventions, with full administrative powers of the 4
National Organization delegated to it by the National Convention within the limitations 5 prescribed in these Articles. All actions of the NEC, however, shall be subject to 6 approval by the next National Convention. 7
F. The NEC shall: 8 1) Run meetings in accordance with Roberts Rules of Order, Newly Revised 9 2) Be recorded and transcribed by the National Adjutant's office. 10 3) Have the proceedings’ minutes presented by the National Adjutant to the National 11
Convention body for consideration and action. 12 G. Have exclusive power to approve the actions of the National Finance Committee, within 13
30 calendar days after the close of each National Convention, to: 14 1) Fix salaries of all officers and employees. 15 2) Approve all budgets of the National Corporation. 16
H. Have the power to approve contracts involving salaries and income producing ventures 17 of the National Corporation. 18 1) All contracts must first be reviewed by the Judge Advocate who will recommend 19
what actions should be taken by the National Finance Committee. 20 2) Contracts and/or non-contractual ventures may not exceed one year's duration or 21
extend beyond the next Convention. 22 a) Unless the National Convention previously approved and mandated to the NEC 23
authority for specific action beyond these limitations. 24 b) Contracts and ventures extending beyond the one-year limit can only be 25
approved at the National Convention by a two-thirds vote of the votes cast. 26 c) Contracts for the normal administrative operation of a business by the National 27
Adjutant and National Service Director do not have to be reviewed by the Judge 28 Advocate or the Finance Committee. 29 (1) Approvals of the line item expenditure in the National Budget by the 30
National Finance Committee and ratified by the NEC will be de jour 31 approval to sign contracts to continue the usual and customary operation of 32 business covered by that budget item. 33
(2) Any question as to whether the contracts are usual and customary will be 34 referred to the Judge Advocate for an opinion. 35
I. Be polled by the National Adjutant through a digital vote on any matter. 36 1) The requirements for polling the NEC are: 37
a) When an action is required. This will be determined by the National 38 Commander. 39
b) Upon the request of a majority of the National Executive Committee members: 40 c) Upon the request of any chairman of a standing committee, which shall be made 41
through the National Commander, 42
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d) To have a vote on the NEC between in-person meetings, said member(s) shall 1 `have an e-mail address. 2 (1) The voting on issues other than at NEC or National Convention meetings 3
will be done by the National Adjutant using digital votes. 4 (2) Patriots will provide the National Adjutant an e-mail address for NEC digital 5
votes. 6 (3) The National Adjutant, other MOPH officers, or members shall not spam an 7
NEC member’s designated voting e-mail address. 8 (4) An NEC member who blocks receipt of digital votes from the National 9
Adjutant will not have a vote. 10 2) Tellers will: 11
a) Be appointed by the National Commander. 12 b) Be members of the Order, 13 c) Not be Employees of the Military Order of the Purple Heart or the Military 14
Order of the Purple Heart Service Foundation. 15 3) After the tellers have counted and certified the votes, the results will be sent out to 16
every member of the NEC. 17 a) The names of the tellers and any position(s) held within the Order will be 18
provided to the entire NEC. 19 b) The vote tallies showing how each NEC member’s vote was recorded will be 20
included in the results. 21 c) These procedures are to ensure the NEC members that their vote was received 22
and counted properly. 23 4) If any of the provisions of ARTICLE XII, Section 2. I. 2) & 3) are not followed 24
exactly, then the vote is invalid and must be redone. There are no exceptions to this 25 rule. 26
J. Be estopped from delegating its authority to any other committee(s) set up either by the 27 Commander or the NEC except as may be specifically provided in these Articles. 28
K. Make disposition of all properties of chapters and departments: 29 1) Returned to or taken over by the National Adjutant from chapters or departments 30
which have: 31 a) Surrendered or forfeited their charters. 32 b) Been declared defunct. 33
2) These action(s) thereon shall be final. 34 Section 3 - THE NATIONAL FINANCE COMMITTEE 35
A. The National Finance Committee shall be composed of nine (9) members. 36 B. The National Commander shall be an ex-officio member with a voice and a vote. 37 C. Another four members, each with a voice and a vote, shall be elected by the NEC. One 38
member shall be elected each year to serve four years. If a vacancy occurs in one of the 39 “additional four members” positions, such vacancy will be filled by a vote of the NEC. 40 The vote shall not be earlier than thirty (30) calendar days after the National Adjutant 41 sends out an announcement of the vacancy. 42
D. The National Senior Vice Commander, National Junior Vice Commander, National Fi-43 nance Officer and the National Judge Advocate shall have a voice but no vote. 44
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E. The National Adjutant will: 1 1) Be the ex-officio Secretary. 2 2) Not be a member of the committee. 3 3) Attend to provide information and answer questions concerning the Headquarters’ 4
budget, and budgets submitted by other officers. 5 F. The National Service Director will: 6
1) Not be a member of the committee. 7 2) Attend to provide information and answer questions concerning the National Service 8
Program’s budget, 9 G. The Finance Committee shall meet at least twice each year—once before and once after 10
each national convention. 11 H. Digital meetings are allowed between conventions. 12 I. Additional meetings may be called: 13
1) At the discretion of the Chairman of the National Finance Committee. 14 2) Upon request of the National Commander 15 3) Upon request of the National Finance Committee members. 16
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Section - 4 - DUTIES of NATIONAL FINANCE COMMITTEE 1 A. Be responsible for the preparation and review of the annual budgets of the National 2
Corporation after receipt of budgetary requests from officers and committees. 3 B. It shall supervise and control all expenditures and the handling of regular funds and 4
those of all income-producing programs of the National Corporation. 5 C. Present all budgets within 30 calendar days after the close of each national convention, 6
or adjustments thereto, to the NEC for its final action. 7 1) The National Finance Committee shall have the power—subject to the approval of 8
the NEC—to allocate for budgetary purposes all funds received from any source 9 within the limitation prescribed in these Articles. 10
2) It shall have authority to approve expenditures beyond budgetary limits by the ten 11 (10%) percent of the individual item. Requests for the expenditures in excess of this 12 allowance must be submitted to the NEC for approval. 13
D. Exercise unquestioned fiscal responsibility. 14 E. Any person or persons approving warrants, vouchers and/or checks in an amount 15
exceeding the approved or amended budget line items shall be personally liable for this 16 overdraft. 17 1) Such person(s) shall reimburse the Corporation the amount of the overdraft. 18 2) The National Adjutant, National Commander, and National Finance Officer shall 19
each be jointly and severally liable for such repayment to this Corporation. 20 F. Contracts for employment of employees, rental or purchase of new office space, or other 21
high priced capital expenditures will be reviewed by the Judge Advocate for correctness 22 prior to submission to the National Finance Committee. 23
G. The National Finance Committee meeting held after the Nation Convention will set 24 “high priced capital expenditure” criteria. 25
H. Be charged with the investigating and the reporting to the NEC on all contracts 26 submitted to MOPH. 27
I. It shall render advice to the NEC on all financial questions. 28 J. Not allow any Chapter, Department, Auxiliary, or other unit of the Military Order of the 29
Purple Heart of the USA, Inc., to raise or acquire any monies, funds, or other things of 30 value with the help or assistance of a paid or otherwise compensated person, employee, 31 individual, or company without approval. 32 1) Such entity must submit written notification to the National Commander, National 33
Adjutant, National Judge Advocate, and the Chairman of the National Finance 34 Committee as to all the details of the fund-raising project. 35 a) The Chapter, Unit, Department, or any subsidiary of the Corporation requesting 36
permission for such fund-raising activities shall comply with all local ordinances, 37 codes, or laws; and federal ordinances, codes, laws, or regulations covering the 38 various fund-raising activities. Event insurance is recommended. 39
b) Determine that funds raised by such fund-raising activities or programs shall be 40 used only for such purpose or purposes as are advertised in the solicitation for 41 which approval has been granted by the National Finance Committee. 42
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c) Institute such additional regulations for the licensing, fees, and overall 1 supervision of all fund-raising activities by all subsidiaries of this Corporation, as 2 may be determined and promulgated by the National Finance Committee. It 3 shall determine that the regulations are fully complied with by all concerned. 4
2) It shall be the duty of the National Commander, the National Adjutant, and the 5 National Judge Advocate, within 30 calendar days of receipt of such request, to make 6 a recommendation to all the National Finance Committee members regarding such a 7 fund-raising project. 8
3) The National Commander or the Chairman of the National Finance Committee shall 9 forthwith call for a vote of the National Finance Committee. 10
4) A majority of the National Finance Committee must approve such a fund-raising 11 project. 12
K. The National Commander will have the National Adjutant certify approval or rejection 13 for the fund-raising project by the National Finance Committee. Define for the 14 National Finance Officer in detail: 15 1) The accounting system to be used by the Corporation. 16 2) The form and frequency of regular and special reports that it may require of him or 17
her covering all funds, offices, officer’s expenditures, and similar items. 18 L. Be responsible for the annual audit of all funds of the National Corporation by an 19
independent Certified Public Accountant and shall audit on specifically designated dates. 20 M. Determine that the reports of the National Finance Officer and the independent 21
Certified Public Accountant shall comply in every respect with the requirements as set 22 forth in the Congressional Charter, Public Law 761, 85th Congress as amended by 36 23 USC Subtitle II Chapter 1405. 24
N. Will act as custodian of the Life Membership Fund and ensure the principal remains 25 intact. Withdrawal of Life Membership Fund principal is prohibited. 26
Section 5 - INVESTMENT COMMITTEE 27 A. Includes the Chair of the National Finance Committee, the National Finance Officer, 28
the National Adjutant, and the voting members of the National Finance Committee. 29 B. Conduct periodic reviews of investment policies. These reviews will be done at least 30
annually, but preferably more often. 31 C. Based on these reviews, the Investment Committee will advise the Finance Committee—32
every time that committee meets—regarding the investment of funds controlled by the 33 Military Order of the Purple Heart. 34
Section 6 - NATIONAL PUBLICATIONS COMMITTEE 35 A. Be composed of the following members: 36
1) The National Commander who shall be an ex-officio member with a vote. 37 2) An additional four members, each with a vote, shall be elected by the NEC. One 38
member shall be elected each year to serve four years. If a vacancy occurs in one of 39 the “additional four members” positions, such vacancy will be filled by a vote of the 40 NEC. The vote shall not be earlier than thirty (30) calendar days after the National 41 Adjutant sends out an announcement of the vacancy. 42
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B. Meet during the national convention each year and such other times at the call of the 1 Chairman. Digital meetings are allowed between conventions. 2
C. The Committee shall elect its own Chairman each year at the meeting held after the 3 NEC Meeting. 4
D. Hold the Editor responsible (through the Chairman) for the editing and publishing to 5 ensure the successful administration of the Purple Heart Magazine. 6
E. Shall charge the Chairman with forming a search committee from among the National 7 Publications Committee members, when there is an opening for the position of Editor 8 of the Purple Heart Magazine. The National Adjutant will use the services of the 9 Headquarters Office to assist in advertising for the opening. 10
F. Select the Editor subject to approval by the NEC. The Editor may be removed by a 11 majority vote of the votes cast by the National Publications Committee, but such 12 removal must be ratified by two thirds (2/3) vote of the votes cast by the NEC. 13
G. Determine the publishing, advertising, and editorial policies of the Purple Heart 14 Magazine 15
H. Promote the Order’s social media program and national website in the magazine. 16 I. The Purple Heart Magazine shall be the official publication of the Military Order of the 17
Purple Heart of the USA, Inc. Official notices and orders published in the Purple Heart 18 Magazine shall be deemed sufficient and lawful notice to all members for all purposes 19 whatsoever. 20
J. Ensure that the Purple Heart Magazine be sent to every member. The correct address(s) 21 for every member shall be provided by the National Adjutant. 22
K. Hold the Chairman responsible for the preparation of a budget for the operation of the 23 publication, which shall be submitted to the National Publications Committee for 24 approval. The National Publications Committee will submit a budget to the National 25 Finance Committee prior to the National Convention. 26
L. The National Publications Committee may provide the Editor support staff to assist in 27 the production of the Purple Heart Magazine. 28
M. See that the Editor and production support staff receive as compensation for services 29 such sum as may be recommended by the National Publications Committee and 30 approved by the National Finance and Executive Committees.” 31
Section 7 - NATIONAL LEGISLATIVE COMMITTEE 32 A. Determine that the policy of the National Legislative Committee shall be such as will 33
ensure fair and just treatment to the combat-wounded veterans of the Armed Forces of 34 the United States. 35
B. Prosecute an aggressive federal legislative program affecting combat-wounded veterans 36 and their dependents by and through the National Legislative Director. 37
C. The overall program of service, legislation, welfare, and rehabilitation shall primarily 38 emphasize the service-connected disabled veterans. This does not imply opposition to 39 the non-service connected disabled veterans but rather to establish the Order’s priorities. 40
D. Be responsible for preparing a legislative program for presentation to the National 41 Convention, or the NEC in the interim. 42
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E. Coordinate all resolutions and material of a federal nature from any source whatsoever—1 including chapters and departments—in preparation for submission to, and action by the 2 NEC. 3
F. Ensure that no proposal for federal legislation shall be sponsored or endorsed by any 4 Officer or member of the Military Order of the Purple Heart unless it has been 5 approved by the National Commander. 6
G. The National Legislative Director shall serve as Chairman of the Committee. 7 1) The National Commander, National Service Director, and the National Adjutant 8
shall serve as ex officio members. 9 2) The National Legislative Director shall select the other members of the Legislative 10
Committee with the approval of the National Commander. 11 3) Digital meetings are allowed between conventions. 12
Section 8 - NATIONAL BYLAWS COMMITTEE 13 A. This will be a standing committee of nine (9) members. 14
1) The National Junior Vice Commander will serve as the chairman. 15 2) The members who have demonstrated: 16
a) Their knowledge of the bylaws. 17 b) How to interpret the bylaws. 18 c) An Institutional memory acquired through years of experience, working 19
knowledge, and voluntary participation in the Order. 20 d) They are of high ethical character. 21
3) There will be a diverse geographic and conflict demographics make-up of the 22 committee. 23
4) If a member is absent from the bylaws committee meeting during the National 24 Convention, the National Commander may replace him or her with another member 25 who meets the qualifications listed in Article XII, Section 8, A, 2, 3 26
B. The National Judge Advocate will be available for consultation with the National Bylaws 27 Committee. He or she will not be a part of the committee. 28
Section 9 - DUTIES of BYLAWS COMMITTEE 29 A. Review the bylaw amendments submitted for consideration to the National Convention. 30
1) Make recommendations to the convention body as to the validity, practicality, and 31 need for the amendment. If the committee’s recommendation is to reject the 32 amendment, a full explanation will be made as to the reason for the 33 recommendation. 34
2) No modifications or changes to the original wording of the submitted amendment(s) 35 will be allowed to be made in the Bylaws Committee meeting. Correcting spelling 36 errors and minor grammar usage is allowed. 37
3) Assist the departments in writing and submitting a proposed bylaw amendment. 38 B. Committee shall review bylaws annually between annual conventions with at least one 39
physical or digital meeting to make any necessary recommendations for amendments. 40
ARTICLE XIII - DUES 41 Section 1 - NATIONAL DUES 42
A. Life Membership dues will be established by the National Convention. 43
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B. Associate Member dues will be the same as the Life Membership dues. 1 C. Withdrawal from the Life Membership Fund principal is prohibited. 2
Section 2 - LIFE MEMBER REBATES 3 A. The departments and chapters will be rebated annually for all eligible Life members on 4
record as of June 30, and who have been verified by October 1. 5 B. The per capita payment—based on a previous national convention vote—will be 50% to 6
the departments and 50% to the chapters. 7 C. Rebates will not be made to a chapter or department that fails to submit a timely election 8
report (to National by June 30). 9 Section - 3 EXCEPTIONS. 10
A. Residents of a Soldiers Home or Department of Veterans Affairs (DVA) or Military 11 Hospital, of six months’ duration, who have been awarded the Purple Heart may become 12 members at one-half the life membership dues. An affidavit by an official of such 13 Soldiers Home or DVA or Military Hospital certifying to the applicant's period of 14 residency shall also accompany each such application. 15
B. Holders of the Medal of Honor, who also have been awarded the Purple Heart, will be 16 given Life Membership at no cost. 17
C. No rebates to chapters or departments will be made for the categories of membership 18 listed in above paragraphs A, B and Associate Life members. 19
ARTICLE XIV- UNIFORMS & SUPPLIES 20 Section 1 - SUPPLY DEPARTMENT. 21
A. The Supply Department shall be the direct responsibility of the National Adjutant. 22 B. The National Adjutant shall determine the nature and selling price of such materials. 23 C. The funds of the Supply Department shall be included in the General Fund. 24 D. The National Adjutant shall maintain a complete and accurate inventory of all items and 25
materials handled through this Supply Department. 26 E. The National Adjutant shall semiannually release the list to the National Finance Officer 27
for inclusion in semiannual financial reports. 28 F. The National Adjutant shall report on the operation of the Supply Department to the 29
National Convention. 30 Section 2 - CAPS. 31
A. Chapter caps shall be purple with white piping and white lettering. 32 B. Department caps shall be purple with white tops and have white lettering and gold 33
piping. 34 C. National caps shall be all white with gold (or purple) piping and gold (or purple) 35
lettering. 36 D. A Purple Heart Beret is acceptable head-gear for all MOPH functions. 37 E. Every National and Department Officer (upon termination of such office) shall 38
immediately discontinue wearing the cap of such office unless the years during which 39 such office was held are on such cap. 40
Section 3 - FLAGS 41
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A. Chapter Flags shall be purple with white ribbon streamers, gold lettering, pole hem, and 1 two-inch gold fringe. 2
B. Department Flags shall be white with purple ribbon streamers, gold lettering, pole hem, 3 and two-inch gold fringe. 4
C. National and Region Flags shall be white with purple ribbon streamers, gold lettering, 5 pole hem, and two-inch gold fringe. 6
Section 4- UNIFORMS 7 A. Standard Dress 8
1) Navy or black blazer with a Purple Heart symbol on the left breast pocket area or 9 lapel. 10
2) Dress white shirt with long or short sleeves. 11 3) Medium gray trousers or skirt 12 4) Black shoes 13 5) Purple necktie with white edged George Washington emblem is sewn thereon, or 14
regimental stripe necktie with Purple Heart colors. 15 6) Cap as described in Article XIV Section 2. 16
B. Honor Guard is the same as the standard dress uniform. 17 C. Variations from the above-described uniforms may be made only with the prior written 18
approval of the National Commander through the National Adjutant 19 Section 5 - VIOLA 20
A. The Viola, the official flower of the Corporation, must be purchased through the Viola 21 Program. 22
B. The use of the Viola for fund raising purposes shall be in accordance with (Article XII, 23 Section - 4 J). 24
C. The use of any other flower by any subordinate unit is prohibited. 25 D. In some local areas where the use of such flowers for fundraising may be forbidden by 26
law, the subordinate unit may be granted special permission for the use of a similar 27 flower or item. The request should be through the National Adjutant for approval of 28 the National Finance Committee. 29
Section 6 - CERTIFICATES AND CITATIONS. 30 A. A Past Commander's Certificate—signed by the National Commander and National 31
Adjutant—for Past National, Department, and Chapter Commanders shall be available 32 through the Supply Department. It will be presented at an appropriate ceremony at the 33 expiration of said officer’s term of office. 34
B. Past National Commanders shall be awarded the Past National Commander's gold pin 35 with diamonds at the expense of the National Corporation. It will be presented at an 36 appropriate ceremony at the expiration of their term of office. 37
C. Citations for "Conspicuous and Meritorious Service to the Military Order of the Purple 38 Heart of the United States of America, Inc.” and for "Conspicuous and Meritorious 39 Service to Your Community, Fellow Citizens, and Veterans" shall be available through 40 the Supply Department. 41
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1) Recommendations may be made by any member and are subject to approval by the 1 Department or Chapter Commander. The Citations shall be written and describe the 2 outstanding services of the proposed recipient. 3
2) Citations shall be signed by the National Commander and National Adjutant 4 3) Citations may be produced locally and signed by a department or region commander. 5
ARTICLE XV- TO PRESERVE the INTEGRITY of the CORPORATION 6 Section 1 - INCORPORATION. 7
A. No subordinate unit of the Military Order of the Purple Heart of the USA, Inc., shall 8 incorporate under the laws of their state for any purpose whatsoever without first having 9 the Incorporation papers sent to the National Judge Advocate. 10
B. The National Judge Advocate shall review: 11 1) The proposed certificate of incorporation. 12 2) A copy of the laws of the state under which the unit is to be incorporated. 13 3) All applications and certificates of incorporation shall state the entity shall be 14
governed by the Constitution and Bylaws of the Military Order of the Purple Heart 15 of the USA, Inc. 16
C. The National Commander will decide whether to allow the Incorporation after receiving 17 the Judge Advocate’s recommendation(s). 18
Section 2 - ELECTED OFFICERS 19 A. No person shall hold more than one elective office in: 20
1) The National organization. 21 2) A Department. 22 3) A Chapter. 23
B. No National Elective officer shall hold a department elective office. 24 C. A member who is a salaried employee or the spouse of a salaried employee of the 25
National or a Department organization shall not: 26 1) Hold a National or Department Elective office. 27 2) Be an elected or appointed member of a National Committee. 28
Section 3 - WELFARE FUNDS 29 A. A welfare fund for the assistance of needy members or veterans and their dependents 30
may be established by chapters and departments. Such donations to funds shall be used 31 exclusively for the needy listed above. 32
B. Donations to a needy member(s) or veteran(s) from the fund shall be regarded as strictly 33 confidential. Names of recipients will be left off the warrants. 34
Section 4 - BOND 35 A. Each accountable officer of the Military Order of the Purple Heart of the USA, Inc. 36
must be bonded in a sum at least equal to the amount of the funds and value of the 37 property for which he/she is accountable. 38
B. The bonding shall have a cap of $30,000 and the fees for the bond shall be paid from the 39 funds of the National Headquarters in the month of September of each year. This bond 40 is to cover all accountable officers at the Chapter, Department, and National levels. 41
Section 5 - INSPECTION 42
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A. The Department Commander may require the inspection of any department or chapter 1 in his or her respective jurisdiction, whenever the best interests of the Order require it. 2
B. The Region Commander may require an inspection by a Department Inspector of any 3 department or chapter in his or her respective jurisdiction, whenever the best interests of 4 the Order require it. 5
C. The National Commander may require the inspection by the National Inspector of any 6 Officer of the Order or Office, whenever the best interests of the Order require it. 7
Section 6 - POLITICS 8 A. The Corporation’s National, Region, Department, or Chapter officers shall not 9
contribute to, otherwise support, or assist any political party or candidate for public 10 office as a representative of the Military Order of the Purple Heart. 11
B. No discussion of partisan questions shall be allowed at any meeting of the Corporation. 12 C. No nominations, recommendations, or endorsements for political office shall be made 13
by a member as a representative of the Military Order of the Purple Heart. No lobbying 14 as a representative of the Military Order of Purple Heart will be done before the US 15 Congress without the recommendation of the National Legislative Officer and 16 concurrence of the National Commander. 17
Section 7 - INELIGIBILITY. 18 In the event the eligibility of a Patriot is questioned; a statement of the facts should be 19 forwarded through the Department Commander or Department Adjutant to the National 20 Adjutant. 21 A. The National Adjutant shall attempt to determine such eligibility through official sources 22
and advise those concerned accordingly. 23 B. The National Adjutant, with the approval of the National Commander, may request 24
from a Patriot proper documentary evidence of the award of the Purple Heart. 25 C. Failure to provide evidence of the award of the Purple Heart within 120 calendar days 26
shall result in forthwith expulsion from the Corporation. 27 Section 8 - SUSPEND, CANCEL, or ANNUL a CHAPTER/DEPARTMENT CHARTER 28
A. The chapter’s charter may be suspended or revoked for failure to follow lawful order(s) 29 and directive(s) as authorized by the Constitution and/or Bylaws. 30
B. The steps to request suspension are: 31 1) The Department Commander may request the Department Inspector to investigate 32
and report on the facts. 33 2) The Department Commander must make a request for chapter suspension. 34 3) The Region Commander must concur with the Department Commander’s request 35
for suspension or revocation of the charter. 36 4) The National Commander may request the National Inspector to investigate the 37
situation. 38 a) The National Inspector will report the findings of the investigation to the 39
National Commander and the respective Department and Region Commanders. 40 b) The date(s) and location(s) of the investigation will be in the report. 41 c) The names of everyone interviewed during the investigation will be in the report. 42 d) Any evidence gleaned will be included but not limited to: 43
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(1) Oral 1 (2) Written 2 (3) Financial records 3 (4) E-mails and all digital evidence 4 (5) Pictures or digital imaging 5 (6) A summary report will give the facts and findings based on the evidence. 6
5) The Region Commander and/or the National Commander may appoint a 7 responsible, unbiased, and uninvolved member or a professional mediator for 8 mediation of the dispute. The Mediator will give a full and complete report to the 9 appointing Commander. 10
6) After the inspection with or without mediation, the National Commander will decide 11 whether to approve or disapprove the Department Commander’s request for 12 suspension. 13
7) The National Commander will have the National Adjutant (within seven [7] calendar 14 days) submit a request for approval of the Commanders decision to suspend a 15 chapter for sixty (60) calendar days for an approval vote of the NEC. The vote will 16 be done by a digital vote. 17
8) The NEC will have fifteen (15) calendar days to read the facts, the entirety of the 18 evidence, and its recommendation(s) and vote. The request to the NEC must allow 19 the committee to download the whole package of the Commander’s request. 20
9) After the National Commander’s review of the election results, the tally of votes will 21 be sent out by the National Adjutant to NEC following the procedures in Article XII 22 Section 2 I. 23
10) If any of the provisions of ARTICLE XV, Section 8 & 9) are not followed exactly, 24 then the vote is invalid and must be redone. There are no exceptions to this rule. 25
11) If a suspension is approved by the NEC, the National Adjutant will send the notice 26 of the suspension to: 27 a) The Chapter Commander and Adjutant via USPS Certified Mail Return Receipt 28
Requested. 29 b) To all the chapter members with a copy of the Department Commander’s letter 30
requesting the suspension with the signatures of the Region Commander and 31 National Commander. It will include all evidence submitted to the NEC. 32
12) The chapter has sixty (60) calendar days to submit a formal appeal to the suspension, 33 via USPS Certified Mail Return Receipt Requested to the National Commander and 34 National Adjutant with copies to the Department and Region Commanders. 35 a) The Department Commander, as the requesting officer, has the authority to lift 36
the suspension, if the chapter has resolved the problems by acting to correct the 37 issue(s) that caused the suspension. 38
b) Notification of the removal of the suspension will be delivered to the chapter 39 Commander, the Chapter Adjutant, and the National Adjutant (within (7) 40 calendar days) via USPS Certified Mail Return Receipt Requested. 41
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c) The National Commander may lift the suspension if the chapter has resolved the 1 problems by acting to correct the issue(s) that caused the suspension or if the 2 chapter’s appeal is granted. 3
d) Notification of the removal of the suspension will be delivered to the Chapter 4 Commander and Chapter Adjutant and the National Adjutant (within seven (7) 5 calendar days) via USPS Certified Mail Return Receipt Requested. 6
14) The chapter’s charter may be revoked after the sixty calendar days’ suspension if the 7 chapter fails to comply with the lawful directives and orders and their appeal is not 8 granted. 9 (a) The Department Commander with the concurrence of the Region Commander 10
must request the National Commander to proceed with the revocation of the 11 chapter’s charter. 12
(b) The National Commander will have the National Adjutant notify the Chapter 13 Commander and Chapter Adjutant via USPS Certified Mail Return Receipt 14 Requested of the intention to revoke the chapter’s charter. 15
(c) The chapter has sixty (60) calendar days to appeal the revocation of the charter 16 through the chain of command to the National Commander. 17 (1) Any member(s) of the chapter may file an amicus brief with the Department 18
Commander, thru the Region Commander to the National Commander 19 stating any objections and reasons to halt the proposed revocation of the 20 charter. The National Commander shall then consider all evidence and 21 briefs submitted. 22
(2) If no brief(s) is filed, and the National Commander denies the chapter’s 23 appeal, the revocation process will continue. 24
15) The National Adjutant will send a vote to the NEC asking for a vote “for” or 25 “against” the revocation of the charter (within fifteen (15) calendar days) after the 26 end of the sixty-day appeal period. 27
16) A copy of the Department Commander’s letter requesting the revocation of the 28 charter with the concurrence of the Region Commander and approval by the 29 National Commander will be sent to the chapter. All evidence submitted will be 30 included in the notice package sent to the NEC. 31
17) Fifteen (15) calendar days will be allowed for the return of votes. The count of 32 calendar days begins the day after the mail and digital votes are sent out. 33
18) After the National Commander’s review, the tally results will be sent out by the 34 National Adjutant to the NEC to show how each counted vote was cast. (This is to 35 ensure each NEC member’s vote was recorded properly by the tellers.) 36
19) The NEC vote will not be held over to the next Executive Committee unless the 37 meeting is within forty-five (45) calendar days of the beginning of the National 38 Convention. 39
Section 9 - SURRENDER of PROPERTY 40 A. When a chapter is declared defunct or its charter is revoked the charter, rituals, para-41
phernalia, and property must be sent to the department. Any monies will be sent to the 42 National Corporation to be held in trust for a period of twelve (12) months. 43
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B. When a department is declared defunct or its charter is revoked the charter, rituals, par-1 aphernalia, and property may be sent to the chapters within the state. Any monies will 2 be sent to the National Corporation to be held in trust for a period of twelve (12). 3
C. In the event, such chapter charter is not reinstated within a period of twelve (12), the 4 monies from any chapter that was in a duly chartered department shall automatically be-5 come the absolute property of the department. 6
D. If a department charter is revoked or declared defunct and is not reinstated within a pe-7 riod of twelve (12), the monies from that department shall be distributed to all remain-8 ing chapter(s) in the state. 9 1) The distribution of funds will be distributed evenly among the chapters within the 10
state. 11 2) The chapters must have a current election report on file with the National Adjutant. 12
Section 10 - USE of PURPLE HEART. 13 A. Replicas or facsimiles of the Purple Heart, as awarded by the Government of the United 14
States, shall not be made, caused to be made, or used in any manner that would tend to 15 degrade the award, or permit any commercial use thereof. 16
B. Replicas or facsimiles may be used only for the official papers of the Corporation or 17 subordinate units thereof. 18
Section 11 - AUTHORITY. 19 If any commander is the subject of a grievance, charge or recall, the Senior Vice 20 Commander shall assume the role of the Commander to adjudicate the matter. 21
Section 12 - GRIEVANCE. 22 A. A grievance is a complaint from a member for some action which causes disruption 23
within the Order. 24 1) Grievances can only be filed against individual Patriot(s). 25 2) Grievances consist of quantified unfairness, affront(s), insult(s), or indignity. 26
a) Grievances do NOT involve misfeasance, malfeasance, malicious or intentional 27 violation(s) of the Constitution and/or Bylaws of the Military Order of the 28 Purple Heart of the USA, Inc. 29
b) Misfeasance, malfeasance, malicious or intentional actions are covered in Article 30 XV Section 13. 31
B. A grievance may be submitted by a member(s) to the appropriate next level commander 32 with a copy to the National Adjutant. 33 1) Grievance(s) among the same chapter’s member(s) will be heard at the department 34
level before three current or past Department Commanders. The commanders do 35 not have to be from the same department where the grievance is filed. 36
2) Grievance(s) among department member(s) from different chapters will be heard at 37 the Region level before any combination of three past or current Department 38 Commander(s) or past or current Region Commanders. The commanders do not 39 have to be from the same department or region where the grievance is filed. 40
3) A grievance against a current elected or appointed National officers will be heard at 41 the National level. 42
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4) Department grievance committee will consist of any combination of three Past 1 Department Commanders or Past/Current Region Commanders. 2
5) National grievance committees will consist of any combination of three Past 3 National Commanders and/or current or Past Region Commanders. 4
C. The grievance complaint must be in writing and in sufficient detail to establish the facts. 5 1) The following procedures shall be followed without exception: 6
a) Be signed 7 b) Notarized. 8 c) The formal signed and notarized grievance(s) will be sent to the commander at 9
the next higher level. 10 d) The formal signed and notarized grievance(s) will be sent via USPS Certified Mail 11
Return Receipt Requested to the individual(s) against whom the grievance(s) is 12 filed. 13
2) The Judge Advocate at the appropriate level shall review the grievance to ensure that 14 it meets the requirements of a formal grievance. 15 a) A failure to comply with all the requirements of Article XV Section 12, C, 1), a) 16
thru d) will render the grievance(s) invalid. 17 b) All concerned parties will be notified that the Judge Advocate has provided a 18
written opinion that the grievance meets the requirements of a formal grievance. 19 The notification will be via USPS Certified Mail Return Receipt Requested. 20
D. The commander may appoint a disinterested and unbiased member from any 21 department for mediation of the dispute. A professional mediator may be used. 22 1) The Judge Advocate at any level must remain neutral and will not be the mediator. 23 2) If the mediation efforts fail: 24
a) A written report to the commander and all parties involved will be sent via USPS 25 Certified Mail Return Receipt Requested by the Mediator. 26
b) A thirty (30) calendar days’ period shall elapse before further action is taken. 27 Said thirty (30) calendar days’ period starts the day after the letter to the 28 commander is postmarked. 29
E. Grievance(s) will be heard by a grievance committee composed of three impartial 30 commanders at the appropriate level (Article XV Section 12 B, 1) thru 5). 31 1) A recorder (who has no vote) will be obtained to provide a written transcript of the 32
proceedings. 33 2) The commander who appoints the grievance committee will take care in selecting 34
members who have no personal involvement, prejudice, or who have not been 35 consulted about the issues of the grievance to be heard. 36
3) The convening commander will select the grievance committee chairman. 37 F. The Grievance Panel shall: 38
1) Provide for an accurate record of the proceedings which include a summary of the 39 Grievance Committee’s finding(s). 40
2) Announce the findings after the committee has discussed and voted. Every issue 41 noted in the grievance must be addressed separately. 42
3) Recommend action(s) based on the announced finding of the Grievance Panel. 43
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4) Forward the finding(s) and recommendation(s) via USPS Certified Mail Return 1 Receipt Requested to the appropriate Commander, Petitioner, and all participating 2 parties within fifteen (15) calendar days from the date of the close of the hearing. 3
G. The usual finding(s) should result in appropriate actions to eliminate the grievance. 4 H. The recommendations of the grievance committee for a penalty can only be one of the 5
following four actions: 6 1) A Commander’s Meeting 7 2) A Verbal Reprimand 8 3) A Formal Letter of Reprimand. 9 4) A recommendation for new and separate action e.g. to bring charges under Section 10
13 will require initiation of formal charges to comply with the requirements of 11 Article XV Section 13. 12
I. A member who is salaried employee regarding matters of employment may only use such 13 grievance procedures as provided for in the MOPH Policy for Salaried Employees. 14
Section 13 - DISCIPLINE, TRANSFER, and EXPULSION of MEMBERS 15 A. Charges 16
1) No member or associate member of the Military Order of the Purple Heart of the 17 USA, Inc., may be punished or have any membership rights abridged except for the 18 following reasons: 19 a) Intentional, willful, and/or malicious violation of the Constitution and/or 20
Bylaws of the MOPH. 21 b) Misfeasance or malfeasance. 22 c) Refusal to comply with the lawful orders—as defined in the Constitution and/or 23
Bylaws—of a Commander or the National Convention body. 24 d) Willful misconduct and/or malicious violation of the oath of office. 25
(1) Repeated violations of the oath of office are considered “willful 26 misconduct” which is chargeable under this sub-section. 27
(2) The repeated violations do not have to be from the same part of the oath, 28 but can be used to establish a pattern of “willful misconduct.” 29
(3) A claim of ignorance of the bylaws is not a defense against “willfully” 30 violating the “oath of office.” 31
e) Action which brings discredit to the Order. 32 f) Conviction of a crime involving theft or moral turpitude 33
2) No charges may be adjudicated against a member or associate member who has 34 submitted a resignation from the Order. 35 a) The effective date of a resignation is the date on the postmark on the envelope 36
of the resignation letter or other written correspondence. The National Adjutant 37 shall date stamp the receipt of the resignation notification. 38
b) The effective date of a resignation for an e-mail is the date it was sent out. A 39 printout copy will be made as evidence of the date. It will be part of Charges 40 Evidence Package. 41
c) The charges, evidence, statements, testimony, and all other documents will be 42 put in a sealed file and be retained by the National Adjutant. 43
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d) If the former member reapplies for membership, the charges will be reviewed by 1 the National Judge Advocate, who will then: 2 (1) Confer with the commander now at the level in the chain of command where 3
the adjudication was halted because of the resignation. 4 (2) Make a recommendation to the jurisdictional commander as to whether the 5
adjudication should proceed from the point where the procedures stopped. 6 (3) The jurisdictional commander will make the decision about proceeding with 7
or dropping the charges. 8 B. The preferring of charges should be an action of last resort. Every effort in the chain of 9
command should be made to solve problems without the necessity of filing formal 10 charges. Should all efforts fail, charges may be filed as follows: 11 1) Any chapter commander may bring charges on any chapter member if the 12
Department Judge Advocate provided a written opinion that the chapter commander 13 has complied with all the requirement in (Article XV Section 13). 14
2) Any department commander may bring charges on any member of the department if 15 the Department Judge Advocate provided a written opinion that the department 16 commander has complied with all the requirement in (Article XV Section 13). 17
3) Any region commander may bring charges on any member of the region if the 18 Nation Judge Advocate provided a written opinion that the commander has 19 complied with all the requirement in (Article XV Section 13). 20
4) The National Commander may always bring charges on any member of the Order if 21 the Nation Judge Advocate provided a written opinion that the commander has 22 complied with all the requirement in (Article XV Section 13). 23 a) If the National Commander brings charges, he/she will not be allowed to make 24
any decisions during the appeal process. 25 b) The next subordinate commander, who is not involved in the adjudication of 26
charges, will be the officer deciding on the appeal. 27 5) Any three members of the Order may join in the submission of charges. 28
a) The Nation Judge Advocate must provide a written opinion that the charges 29 brought by the three members comply with all the requirement in (Article XV 30 Section 13). 31
b) The National Commander, National Senior Vice Commander, or Junior Vice 32 Commander may not join with other members to bring charges. (This ban on 33 bringing charges is to ensure that an accused member is guaranteed a non-34 prejudiced appeal). 35
6) Formal charges must be written in sufficient detail to establish the fact(s) of a 36 violation of one or more of the circumstances listed in Article XV Section 1 a) thru 37 f). Charges must be signed and notarized. 38
7) The charges will be sent via USPS Certified Mail Return Receipt Requested to the 39 Adjutant at the level where the charges are brought and a copy to the National 40 Adjutant 41
8) A prior confidential investigation by an elected Inspector is encouraged to ascertain 42 all relevant facts. 43
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9) Adjudication shall be imposed at the next higher level. 1 a) Charges brought against a chapter member will be heard at the department level. 2
The panel will consist of three current or past chapter or department 3 commanders. The commanders do not have to be from the same state. 4
b) Charges brought against a department elected, appointed officers, or department 5 or national members-at-large (DML & NML) will be heard at the region or 6 national level. The panel will consist of three disinterested members of the 7 national executive committee, who have demonstrated a clear understanding of 8 the constitution and bylaws. 9
c) Charges against national elected or appointed officers will be heard by a 10 disciplinary hearing panel. The panel will consist of three disinterested members 11 of the national executive committee, who have demonstrated a clear 12 understanding of the constitution and bylaws. 13
C. Procedures for the Handling of Received Charges: 14 1) The convening authority which is the commander at the next highest level will 15
provide the accused with a copy of the notarized charges, all related documents, 16 evidence, and a clear statement of the alleged violations. 17 a) The accused member or the associate member will be notified of the hearing 18
time, date, and place. The date of the hearing will not be set without consulting 19 with the accused for available dates. 20
b) All hearings will be fixed for a date not less than 20 calendar days or more than 21 60 calendar days from the date (to be determined by the USPS return receipt) 22 the accused received the charges. 23
c) Should the accused require additional time to prepare his or her case, the 24 convening authority may allow only one postponement of the hearing date for a 25 period of not more than thirty (30) calendar days. The convening authority 26 should be notified a minimum of ten (10) calendar days prior to the scheduled 27 hearing date. 28
d) All correspondence with the accused will be sent via USPS Certified Mail Return 29 Receipt Requested. 30
2) The convening authority will appoint: 31 a) A disciplinary hearing panel 32 b) The chairman. 33
3) The convening authority will arrange for an impartial recorder for the proceedings to 34 keep an accurate record of the proceedings. Due to the problems in getting an 35 accurate transcription of hearings, a certified professional recorder is required. 36
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D. Procedures for a Disciplinary Hearing Panel: 1 1) This is an administrative hearing and rules of evidence as in a court of law do not 2
apply. 3 2) If the accused does not appear as directed, the hearing will proceed without them. 4
In cases of extenuating circumstances, the hearing may be postponed, provided 5 proof is submitted to the National Adjutant. The chairman of the hearing panel will 6 be notified of the postponement. 7
3) The accused member or associate member may represent themselves or may retain 8 counsel. Counsel can advise the accused but may not address the hearing panel. 9
4) The accused has the right to speak and produce witnesses in his or her own defense. 10 5) The chairman will introduce the parties on both sides and the panel. 11 6) The chairman will read the notification of charges as written in the notarized charges 12
letter. No new charges may be added at the hearing. 13 7) The chairman will then ask the accused how he or she pleads to each charge—guilty 14
or not guilty. 15 8) Opening statements are made by both sides with the hearing panel starting first. 16 9) The testimony of any witness(s) produced by the panel will be followed by the 17
testimony of any defense witness(s). Cross-examination of the witness(s) is allowed 18 10) Rebuttal witnesses are allowed with the panel going first followed by the defense. 19 11) After closing arguments are completed by both sides; the hearing panel will go into 20
"executive session" (in accordance with Roberts Rules) with only the panel members 21 being present. 22 a) The chairman will poll each member of the panel on each charge for a finding of 23
guilt or innocence. 24 b) If the member is found guilty, a member of the hearing panel other than the 25
chairman will make a motion for an appropriate penalty. 26 c) The hearing panel will vote on the motion for the penalty. 27
12) The hearing will be reconvened and the panel chairman will report to the accused for 28 the record, the finding of guilt or innocence on each charge. 29
13) After resuming the hearing, the panel chairman will report the recommendations for 30 punishment on charges when the member is found guilty. 31
14) The hearing will be adjourned. 32 33
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E. If found guilty, the penalty that may be imposed under this section are: 1 1) Censure - shall consist of a written reprimand of admonition to the member by the 2
appropriate commander. 3 2) Transfer - shall be the permanent transfer of membership to another chapter or to 4
either a department or national member-at-large status. 5 3) Suspension - shall remove the member from membership and/or from any office 6
held by them for not more than one year from the date of receipt by the member as 7 determined by the USPS Certified Mail Return Receipt Requested. 8
4) Restriction - shall be allowed to remain a chapter member with a vote, but shall have 9 a restriction from being allowed to hold any elected or appointed office at any level 10 for a specific length of time or permanently for life. 11
5) Expulsion - shall remove the individual from membership. 12 F. Post-Hearing Procedures 13
1) Within fifteen (15) calendar days after the close of the hearing the following shall be 14 done: 15 a) The accused will be sent: 16
(1) The written decision(s) of guilt or innocence on each charge via USPS 17 Certified Mail Return Receipt Requested. 18
(2) The recommended action(s) of the Hearing Panel. 19 (3) A transcript of the proceeding when it becomes available will be sent via 20
digital means. 21 b) The commander who was the convening authority will be sent via digital means 22
transcript of the proceeding when it becomes available. 23 c) Additional copies along with a transcript of the proceedings will be sent via 24
digital means to the chairman of the hearing panel and the appropriate adjutant 25 with a copy to the National Adjutant. 26
2) In all cases of recommended expulsion, the National Adjutant must be notified 27 immediately. 28
3) All hearing decisions, except for expulsions, will be final after allowing a fifteen (15) 29 calendar days’ period after the decision unless the accused submits an appeal. The 30 starting date for the appeal period is to be determined by the date as recorded on the 31 USPS Certified Mail Return Receipt Requested. 32
G. Review and Appeal: 33 1) A member may appeal the decision of the hearing panel to the next higher level 34
within fifteen (15) calendar days of receipt of both the decision and a transcript of 35 the hearing. 36
2) An appeal shall be limited to the specific violations of established procedures, the 37 rights of the accused, or on new evidence. 38
3) The reviewing commander will decide on the merits of the appeal and may take any 39 action other than increasing the recommended punishment. 40
4) The National Commander is the final appeal on all actions taken. 41 a) The National Commander will not hear or rule on the appeal if he or she 42
brought the charges. 43
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b) The National Commander will recuse himself or herself on appeals where there 1 was personal involvement. 2
H. All appeals by members concerning any decision rendered by a national disciplinary 3 panel will be presented to the NEC along with the facts and the recommended actions. 4 1) The accused will be allowed to provide documentation setting forth evidence and 5
facts to be included with documents provided by the National Commander. 6 2) The NEC members must be allowed up to fifteen (15) calendar days to review the 7
case before voting on the matter. 8 3) Digital voting is to be used. The NEC members will be allowed to download the 9
material for review before voting. 10 I. All recommendations for expulsion will be reviewed by the National Commander unless 11
he/she is the originator of the charges. Then it will pass to the Senior Vice Commander, 12 who will not consult with the National Commander before making the decision. 13 1) If the Commander affirms the decision for expulsion, the National Adjutant will be 14
notified. 15 2) The National Adjutant will seek the approval of the NEC by sending the final 16
decision by digital voting within fifteen (15) calendar days of the date of the 17 Commander’s approval of the expulsion. 18
3) If the NEC meeting before the national convention is thirty (30) calendar days or 19 less in the future, the approval of the NEC will be docketed for this scheduled 20 meeting. 21
J. After all appeals have been exhausted, the National Adjutant will advise the accused of 22 the decision. The National Commander—after getting the approval of the NEC—will 23 take the action(s) that is deemed appropriate on all recommended punishment(s). 24
K. If any steps in this section are skipped, the process will be stopped immediately. 25 1) The Judge Advocate and the National Adjutant at the behest of the National 26
Commander will review the steps taken in the process to ascertain the last point at 27 which everything was done correctly. 28
2) The Judge Advocate will submit an advisory opinion to the National Commander 29 and a copy to the National Adjutant as to what the next step should be. 30
L. If the ALL the procedures in Article XV Section 13 are not followed exactly, then the 31 charges will start at the beginning or be dropped. 32
M. The National Convention is the Supreme Body of the Order and will accept or reject the 33 actions on expulsions from the Order voted on by the NEC during the year. 34
Section 14 - RECALL of an ELECTED OFFICER 35 A. This section is reserved for those elected officers at all levels who are not accused of any 36
wrong doing and not subject to the provisions or charges of (Article XV, Section 13). A. 37 This section provides the procedures for removal of elected officers who: 38 1) Do not fulfill the responsibilities of his or her elected office. 39 2) Are incompetent, non-active in his or her office, have poor attendance, or have 40
demonstrated egregious performance in the duties of the office. 41 3) Elected officers who hold position by title alone and do nothing. 42
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B. The initiation of a recall of an elected officer for removal from office for reasons listed 1 in (Section 14, A) must be by a Commander from the Chapter, Department, Region, 2 or National. 3
C. A transmittal letter requesting the recall of an elected officer at any level must be: 4 1) Prepared with specific detail for the reasons. 5 2) Signed by three commanders. 6
(a) If the commander is the member subject to recall, the initiation may be made by 7 three members. 8
(b) The request shall be sent to the commander at the next higher level. 9 3) Notarized and forwarded to the National Adjutant. 10 4) The National Commander must approve and have oversight. 11
D. Jurisdiction exists at the level where the officer subject to recall holds office. The recall 12 will be supervised by the National Commander through the National Adjutant. 13 1) If the officer subject to the recall is a chapter officer, the vote will be at a chapter 14
meeting. Those voting on the recall will be the chapter’s elect officers and Past 15 Chapter Commanders. 16
2) The rules for voting at Department and NECs apply at those levels. 17 3) A super majority of three-fourths (3/4) of all members eligible to vote is required to 18
remove an elected officer. 19
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Section 15 - LAWSUITS 1 A. A member may be suspended and tried should he resort to or join in a civil court action 2
against a Chapter, Department, or the National Organization, or officers thereof, before 3 exhausting all remedies available within the Organization 4
B. The Order shall pay legal fees, to defend an officer sued for actions taken while 5 performing the duties of his or her office. 6
C. The Order shall pay legal fees to defend the Good of the Order. 7 Section - 16 NON-PROFIT STATUS 8
A. The Order will follow and conform to the federal law for exemptions by non-profit 9 organizations. The following are the regulations for non-profits under Internal Revenue 10 System United States Code.9 11
26 U.S. Code § 501 12 Exemption from tax on corporations, certain trusts, etc. 13 (c) List of exempt organizations 14 (19) A post or organization of past or present members of the Armed 15
Forces of the United States, or an auxiliary unit or society of, or a 16 trust or foundation for, any such post or organization— 17
(A) organized in the United States or any of its possessions, 18 (B) at least 75 percent of the members of which are past or 19 present members of the Armed Forces of the United States and 20 all of the other members of which are individuals who are cadets 21 or are spouses, widows, widowers, ancestors, or lineal 22 descendants of past or present members of the Armed Forces of 23 the United States or of cadets, and… 24
B. For the Order to maintain its IRS § 501 (c)(19) non-profit status, we must follow the 25 law by: 26 1) Conforming to the eligibility requirement for Purple Heart recipients, Associate 27
members, MOPHA members, and MOPHA Social Members. 28 2) Ensuring that the percentage of members in each category are met. 29
C. No additional categories of membership for the Order or the Auxiliary are allowed. 30
ARTICLE XVI - AUXILIARY 10 31 Section 1 - RECOGNITION 32
A. The Military Order of the Purple Heart of the USA, Inc., recognizes a " Auxiliary, Mili-33 tary Order of the Purple Heart of the USA, Inc. (MOPHA)” 34
B. Subordinate organizations to be known as Auxiliaries to chapters and departments shall 35 be approved by the Military Order of the Purple Heart of the USA. 36
C. The associations shall be subject to the authority of the National Convention of the Mili-37 tary Order of the Purple Heart of the USA, under the jurisdiction and supervision of the 38 National Commander and the NEC, 39
Section 2 - MEMBERSHIP 40 A. In the MOPHA is hereby granted, subject to: 41
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1) The terms and conditions as set forth in the Congressional Charter of the Military 1 Order of the Purple Heart of the USA, Inc., (36 USC Chapter 1405). 2
2) The various restrictions and limitations as set forth in the Ladies Auxiliary Constitu-3 tion, Bylaws, Rules, and Regulations as adopted at their 1959 National Convention 4 and amended. 5
3) Conforming to the requirements of Title 26 United States Code § 501 (c) (19). 6 4) Such limitations as might from time to time be imposed by the MOPH National or-7
ganization. 8 B. The Constitution, Bylaws, Rules, and Regulations of the MOPHA as adopted at their 9
1959 National Convention shall: 10 1) Act as limitations to the various powers and authorities of the Auxiliary. 11 2) In no case, shall be interpreted as broadening or increasing the authority or power of 12
such Auxiliary beyond the specific limitations as set forth in 36 USC Chapter 1405 of 13 the Congress of the United States of America, or our own Resolutions, Constitution, 14 Bylaws, Rules, and Regulations. 15
Section 3 - PURPOSE 16 The purpose of the MOPHA is to assist in furthering and perpetuating the objects of the 17 MOPH as set forth in Article III of the Constitution of the National Corporation, 18 particularly that part that pertains to "assisting, comforting, and aiding all distressed 19 members and their dependents. 20
Section - 4 REPORTS 21 The MOPHA National Secretary, at its annual National Convention, shall give a complete 22 report, as of June 30, to the MOPH. This report shall include by way of enumeration and 23 not limited to: 24 A. A detailed list of departments and units, showing the number added, reinstated, reor-25
ganized, and charters forfeited. 26 B. The total membership, showing increase or decrease. 27 C. The National Secretary shall submit to the National Adjutant and Editor of the Purple 28
Heart magazine a complete list of elected and appointed officers. The list is due imme-29 diately after the close of the NEC meeting following the National Convention, 30
D. The MOPHA is responsible for submitting the necessary 990 reports directly to the In-31 ternal Revenue Service as prescribed by law. 32
E. The MOPHA shall also submit a complete financial report, as of June 30 of each year, to 33 the National Adjutant no later than July 31. 34
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Section 5 - BYLAWS 1 No National, Department, or Unit of the MOPHA shall adopt any Constitution, Bylaws, 2 Rules, or Regulations, or adopt any policy or take action that conflicts with the Constitution 3 and Bylaws of the National Corporation of the Military Order of the Purple Heart of the 4 USA, Inc. 5
ARTICLE XVII- SERVICE FOUNDATION 6 Section 1 - RECOGNITION 7
The Military Order of the Purple Heart of the USA, Inc., recognizes a Service Foundation to 8 be known as the "Military Order of the Purple Heart Service Foundation, Inc. (Service 9 Foundation)” 10
Section 2 - MEMBERSHIP 11 A. Membership in the Service Foundation is hereby granted, subject to the terms and con-12
ditions as set forth in the Articles of Incorporation and the Bylaws of said Service Foun-13 dation, a Wisconsin Corporation without stock and not for profit, as adopted by said 14 Service Foundation at its 1957 Annual Meeting. 15
B. It was fully approved by the 1957 National Convention of the Military Order of the Pur-16 ple Heart, of the USA, Inc., a New Jersey Corporation at that time. 17
C. It was fully approved at the November 10, 1958, Incorporators’ organization national 18 meeting of the Military Order of the Purple Heart of the USA, Inc., held in accordance 19 with Public Law 85-761, August 26, 1958, of the Congress of the United States of Amer-20 ica. 21
D. It was approved again at the 1959 National Convention of the Military Order of the 22 Purple Heart of the USA, Inc. 23
Section 3 - AGREEMENT 24 An agreement regarding the operations of the Military Order of the Purple Heart Service 25 Foundation with the Military Order of the Purple Heart of the USA, Inc. was reached at the 26 2016 National Convention. The salient points of the agreement are: 27 A. Effective date of the agreement is September 1, 2016. 28 B. Financial Records: 29
The Parties agree that the Order will have the opportunity to periodically review the fi-30 nancial and operational records of the Service Foundation and the Service Foundation 31 will have the opportunity to periodically review the financial and operational records of 32 the Order. 33
C. Funding: 34 The Service Foundation will prioritize its funding each year, highest to lowest. 35
D. Board Membership: 36 1) Service Foundation members will be Board members for a term of ten (10) years. 37 2) The National Commander, National Senior Vice Commander, and National Junior 38
Vice Commander, as ex-offico members will be full Board members with a vote. 39 a) Will remain on the Board for as long as they remain in the positions as Com-40
manders. 41
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b) If any of the Commanders is subsequently elected to the Board, the ten (10) year 1 term will begin on the date of being approved to join the Board as a PNC. 2
3) One of the Order’s three commanders on the Board will serve on the Finance, Pro-3 grams, Investment, and Fundraising Committees. 4
4) The National Adjutant will be invited to attend all meetings of the Board of the Ser-5 vice Foundation. The National Adjutant will not be a member of the Board and will 6 not have a vote or voice at Board Meetings. 7
E. New Entity: 8 1) The Service Foundation will have a new [501(c)(3) Corporation of the US Internal 9 Revenue Code] to act as the holder of and will enter any necessary agreements concern-10 ing current trademarks, trade names, and trade dress that the parties now or may hold in 11 the future. 12 2) The new entity’s Board of Directors will consist solely of three (3) members ap-13 pointed on an annual basis, who will be appointed by the Chairman of the Board of the 14 Service Foundation. 15
F. Expiration of the Agreement: 16 Notwithstanding anything contained herein to the contrary, this Agreement shall expire 17 and no longer be of force and effect forty (40) years from the effective date of the 18 agreement (September 1, 2056). 19
G. Purpose: 20 The purpose of the Service Foundation shall be the raising of funds for: 21 1) The service, welfare, and rehabilitation work in connection with Military Order of 22
the Purple Heart of the USA, Inc. members, those who are eligible for membership 23 in the MOPH, or any wounded, disabled, and/or handicapped veteran, their widow, 24 orphan, or survivors, either by contribution to the Military Order of the Purple Heart 25 of the USA, Inc., or to independently assist in such work. 26
2) The support and maintenance of liaison service in any or all the offices of the United 27 States Veterans Administration, soldiers’ homes, or other administration offices of 28 veterans’ affairs wherever and whenever deemed necessary. 29
3) The support and maintenance of its legislative service, which service is to advise and 30 confer with the executive offices of the several bureaus and departments of the Unit-31 ed States Government on all matters of interest and importance to the veteran and 32 to appear before Members of Committee of Congress on any such matters as may 33 properly be the subject of legislation. 34
4) Any other purpose consistent with the programs of the Military Order of the Purple 35 Heart of the USA, Inc. 36
H. Annual Report: 37 1) The Service Foundation through its Executive Secretary shall render a complete fi-38
nancial report to the Military Order of the Purple Heart of the USA, Inc., at its an-39 nual national convention each year. 40
2) It shall, in addition, render a mid-year financial statement to the National Com-41 mander and National Adjutant of said National Corporation, 42
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3) Will provide such other reports and information as may be requested by the National 1 Finance Committee. 2
ARTICLE XVIII- ASSOCIATE MEMBERS 3 SECTION 1 - RECOGNITION 4
The Military Order of the Purple Heart of the USA, Inc., recognizes the eligibility of Associ-5 ate members. 6
SECTION 2 - MEMBERSHIP 7 A. Associate Membership is hereby granted pursuant and subject to the terms and 8
conditions set forth in the MOPH Congressional Charter, 36 USC Chapter 1405 of the 9 Congress of the United States of America, and Title 26 U.S. Code § 501 (c)(19) B. 10
B Associate Membership will be granted to spouses, widows, widowers, ancestors, or lineal 11 descendants of past or present members of the Armed Forces of the United States or of 12 cadets…. 13
C Gold Star mothers, fathers, children, and spouses will be en cou r aged to join t h e 14 Or der as Associate Mem ber s un der t h e r equ i r em en ts for oth er el -15 i gib le classes of Associate Mem ber s.11 16
D Associate members are subject to the various rules, restrictions, regulations, and limita-17 tion set forth in the Constitution and Bylaws of the parent organization. 18
SECTION 3 - PURPOSE 19 The purpose of Associate Membership is to assist in furthering and perpetuating the objects 20 of the Military Order of the Purple Heart of the USA, Inc., as set forth in Article III of the 21 Constitution of the National Corporation. 22
SECTION - 4 - PARTICIPATION 23 An Associate member shall: 24 A. Be without a vote. 25 B. May not hold an elective office. 26 C. Be eligible to hold any appointed position except that of Adjutant. 27
SECTION 5 - EMBLEM OR INSIGNIA 28 Associate members shall be entitled to wear an appropriate emblem or insignia as approved 29 by the National Commander. In no event, shall such emblem or insignia bear a replica or 30 facsimile of the Purple Heart as awarded by the United States Government. 31
SECTION 6 - DUES 32 Associate Life Membership dues shall be the same as MOPH Life Membership dues. 33
ARTICLE XIX- AMENDMENTS & CONDUCT of MEETINGS 34 SECTION 1 - AMENDMENTS 35
A. These Bylaws may be amended by a roll call of two-thirds (2/3) vote of the votes cast by 36 the National Executive Committee members. 37 1) The proposed amendment shall have been first proposed by a Department Conven-38
tion, Department Executive Committee, the National Bylaws Committee, or the 39 NEC. 40
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2) The proposed amendment shall have been submitted through the National Adjutant 1 to the NEC members by digital communications to them at least fifteen (15) calen-2 dar days prior to the deadline for voting. 3
3) The vote will be by a digital vote. 4 (a) The NEC members will be allowed to download the material and have fifteen 5
(15) calendar days to review and cast a digital vote. 6 (b) The fifteen (15) calendar days period will commence the day after the votes are 7
e-mailed 8 4) If adopted, such amendment shall have full force and effect until the next national 9
convention, which shall accept or reject such amendment. 10 B. These Bylaws may be amended at any national convention subject to the following pro-11
visions: 12 1) The proposed amendment shall have been first submitted by a Department Conven-13
tion, Department Executive Committee, the National Bylaws Committee, or the 14 NEC. 15
2) A copy of the proposed amendment shall be mailed by digital communications to 16 the NEC fifteen (15) calendar days prior to the convening of the national conven-17 tion. 18
3) The proposed amendment shall be referred to the Bylaws Committee. The Bylaws 19 Committee will then report its findings to the Convention Body. 20
4) Passage of the amendment shall require a two-thirds (2/3) vote of the votes cast by 21 the delegates and officers present and voting. 22
5) The vote shall be taken by a Division of Assembly. 23 C. These Bylaws may be amended at the National Convention by the regularly elected and 24
qualified delegates thereat without notice to the NEC provided: 25 1) The proposed amendment shall be presented to the delegates. The presentation may 26
be accompanied by a projection of the proposed amendment on a screen visible to 27 all. 28
2) A majority vote of the votes cast shall be required for the amendment to be referred 29 to the Bylaws Committee for consideration. 30
3) The Bylaws Committee report to the Convention Body will be no earlier than the 31 next calendar day. 32
4) After the Bylaws Committee finding(s) and/or recommendation(s) are reported, a 33 three-fourths (3/4) vote of the votes cast by the delegates and officers shall be re-34 quired for approval. 35
5) The vote shall be taken by means of a Division of Assembly. 36 D. These Bylaws may be set aside or suspended for the period of the National Convention 37
only if deemed expedient by a unanimous vote of the delegates and officers thereat. 38 SECTION 2 - CONDUCT of MEETINGS. 39
A. All Chapter, Department, National, and Committee meetings of the MOPH shall be 40 conducted in accordance with Robert's Rules of Order, Newly Revised, except as other-41 wise provided for in these Articles. 42
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1) Department and National Convention meetings will follow the procedures in Article 1 IX Section - 4. 2
2) Digital meetings are allowed except for elections. 3) Chapter meeting agenda is recommended as follows: 3 Opening of the meeting in due form. 4 Roll call of Officers. 5 Reading of Minutes. 6 Finance officer’s report 7 Reading and Action on Bills Payable 8 Introduction of Guests. 9 Reading of Communications. 10 Reports of Officers, beginning with that of Commander. 11 Reports of Standing Committees. 12 Unfinished Business. 13 New Business. 14
o Election of Officers. 15 o Installation of Officers. 16
Good of the Order. 17 Adjourn. 18
B. All meetings, observances, and official activities of the MOPH shall be conducted in ac-19 cordance with the official Ritual and Manual of Ceremonies of the Order. 20
C. No closed meetings are allowed at Department or National Conventions. 21 1) Failure to notify members of the time and place for a meeting shall be a violation of 22
this restriction. 23 2) Notifications may be in the form of announcements from the floor of a meeting, a 24
posted notice outside a Convention’s main meeting room, or digital means. 25 3) Any findings, recommendations, mandates, or other decisions reached in a closed 26
meeting are invalid and will not be propagated. 27 4) Convention caucuses to decide votes of chapters, departments, or regions are ex-28
empt from this restriction. 29 5) A Hearing Panel’s deliberation session on guilt or innocence is exempt from this re-30
striction. 31 D. No secret votes are allowed. 32 E. No proxy votes are allowed during any meetings. 33
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1 The NEC approved the amendments to the 1984 Bylaws on June 2, 2017.
2 August 2016 - The revision of the 1984 Bylaws as amended through the 2015 convention was ordered by National Commander Hershel Gober. There were major flaws and conflicts in the wording of Sections that needed to be addressed. It had been thirty-three years since the last complete review of the Bylaws. During that time, the use of digital communication had been improved exponentially. The goal was to make the Bylaws easy to read, understandable, and improve the timeliness of communication.
Bylaws committee members who recommended the revisions:
Neil Van Ess (Chairman) Nick McIntosh (Secretary) Dave Bowman Dave Price Chris Smrt Jim Anderson Wendy Buckingham Zac Fike Char Gatlin Doug Middleton
3 2017 National Convention corrected a typo in the June 2, 2017 version by removing “March.” 4 2017 National Convention amended to provide for digital elections because of inclement weather. 5 2017 National Convention amended allowing for more potential chairmen of allowing the National
Commander to select who he/she thinks is best qualified to do the job. 6 2017 National Convention amended allowing more potential chairmen of the bylaws committee. 7 2017 National Convention amended allowing more potential chairmen of the bylaws committee. 8 2017 National Convention amended to allow for Department Senior or Junior Vice Commander to
represent the Department at pre-convention and post-convention NEC Meetings. 9 The wording of the United States Code for non-profit veterans’ organizations was included because
there have been many discussions about opening the eligibility of associate membership to adopted and step-children. The law strictly defines who may be associate members.
10 2017 National Convention amended to remove the word “Ladies” is all but one historical reference. 11 2017 National Convention amended to remove free membership, because of the potential costs.
PLEASE NOTE:
PART III RITUAL AND MANUAL OF
CEREMONIES IS BEING UPDATED
PLEASE RETAIN YOU OLD “SECTION” FOR REFERENCE PURPOSES
UNTIL THE UPDATES ARE MADE AVAILABLE ONLINE AND
VIA THE SUPPLY STORE.
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PART III
RITUAL AND MANUAL OF CEREMONIES
FOREWORD
This Ritual and Manual has been updated in its designation to conform with the Federal Charter Incorporation Law No. 761, enacted by the 85th Congress, August 1958, as the "Military Order of the Purple Heart of the United States of America, Inc." Except for update corrections, the contents and wording of the Ritual and Manual remain unchanged. This Manual is intended to be sufficiently flexible to permit adaptation to any function or requirement: (1) By changing or omitting "The Order of Business" for special occasions. (2) By changing the word "Chapter" to Department, or National. (3) By varying the Burial or Memorial Service to conform to the religious faith of the Patriot. Officers' Stations George Washington Portrait Adjutant Finance U.S. Flag Commander Officer Chapter Flag Altar Bunting Bible All above face Assembly Assembly faces Commander Sergeant-at-Arms at door
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GENERAL INSTRUCTIONS Decoration: The Purple Heart should be worn at all meetings of the Order, and at all meetings of veterans of other patriotic groups attended by veterans as such, especially at any program in honor of George Washington. Whenever the Purple Heart is not worn, the accompanying purple bar should be on the coat lapel. Uniform: The uniform and/or cap of the Order should not be worn except at, or going to or from an official meeting or ceremony, or by an official guest or participant at a patriotic function, or by Patriots when officially representing the Order on public occasions. Manual for Devotion and Tribute: During prayer and silent tribute, the preferred method of devotion is to uncover with the cap in the right hand placed over the heart, facing to the front. In meetings, at salute to the U.S. Flag, National Anthem (or “To the Colors”) Right Hand Salute will be used whether or not the cap is worn. Salute to the National Anthem (or “To the Colors”) will be held from the first to the last note. If it is to be sung in unison or by radio or recording, the salute will not be given but by uncovering and standing at attention, cap held by the right hand over the heart. Church or Burial Service: Patriots will uncover on entering Church or other place of Service. While marching or standing in formation, cap will be carried in right hand at left shoulder. At Burial Service, in cold or inclement weather, the cap will not be removed, but "Parade Rest" will be executed during prayer and volleys. Salute at Taps. The Color Guard and/or Guard of Honor will not remove caps while in rank or standing guard. When seated or off guard, they will conform to the other Patriots. Procedure at Meetings: Regular meetings may be open to friends and visitors. The Color Guard will be marched in the center aisle, if possible, to the position of the Flags, facing forward. The Sergeant-at-Arms, taking the cue from the Commander, will give commands in a low voice, "post Colors, order arms," etc. When used on a speaker’s platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff, the Flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the speaker’s right as the speaker faces the audience. Any other flag, including Auxiliary or Chapter Flags, are to be displayed on the left of the speaker or to the right of the audience. Courtesy: Patriot Officers or members when addressed by the Commander will rise, salute, and await instructions. On entering or leaving during a meeting, a Patriot will stand in a convenient position, salute the Commander, and (upon the return of the salute) will take a seat or retire. Initiations: The initiation or preliminary Admonition and Obligation should be given to the candidate early in the first meeting of the Chapter he attends. In exceptional circumstances the preliminary Admonition and Obligation may be given the candidate at his home, at his work, or in the hospital.
RITUAL Officers are advised and encouraged to memorize their parts for the Ritual, at least so it can be quoted freely from notes carried in hand. Manual of Gavel: ONE RAP -- calls attention or seats the body when standing -- closes an order of business or meeting. TWO RAPS -- calls officers to standing attention. THREE RAPS -- calls all to attention standing in place.
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Officers are personally responsible for their Rituals. Officers' stations are mandatory as prescribed by the Floor Plan. The station of the Sergeant-at-Arms is at the door except when on duty on the floor during a meeting. This Ritual may not be changed except by approval of the National Convention Body in Assembly. The use of the altar upon which is draped U.S. bunting and the Bible is mandatory. When the Chaplain offers the opening prayer, he shall open the Bible at the Book of Proverbs in the Old Testament. While the Chapter is in session, no member will walk between the altar and the Commander's station. All Chapters must hold a public memorial service for departed Patriots once a year. All Commanders and Chaplains will arrange special religious services -- with the clergymen of the Catholic, Protestant, and Jewish faiths -- to be held for the Patriot members on the Sundays near Veterans Day and Memorial Day. The Military Salute and the regulations of the Drill of the Soldiers Manual will be pursued at all ceremonies and meetings
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CHAPTER MEETINGS The Sergeant-at-Arms will see that the hall is in order, with flag stands in place. He will have all Patriots register in the Attendance Book; all visitors, and particularly all visiting Department and National Officers, will be reported to the Senior Vice-Commander. When directed to do so by the Senior Vice-Commander he will escort visiting Officers to the Commander's Station. Opening Ceremony The Commander will call the meeting to order by one rap of the gavel or by a bugle call. Commander: "Patriots will come to order. Officers take your station. We will proceed with the formal opening of the Meeting of ___________ Chapter No. __________, Military Order of the Purple Heart of the U.S.A. Sergeant-at-Arms, close the doors and allow no one to enter during the opening ceremony. Patriot Senior Vice-Commander, please introduce the visiting Officers, Patriots, and guests." Senior Vice-Commander: "Patriot Commander, I am pleased to present Patriot _____________," etc. (Visiting National and Department Officers will be escorted to the Commander's station by the Sergeant-at-Arms if space permits.) Commander: "Patriot Sergeant-at-Arms, Advance the Colors (Three raps) -- Patriots, Right Hand Salute." Sergeant-at-Arms: "Post Colors. Right Hand Salute." (He salutes individually.) Commander: "Two." (Color Guard is marched to the rear.) "Uncover. The Chaplain will offer our opening prayer." (A chair must be placed centered below the podium and Bible with the POW/MIA banner or flag draped over the back of the chair.) Chaplain: "Lord God of our Fathers, we thank You for our manifold blessings, the inspirations and joys of life, our companionship and association, one with another. We pray You bless us assembled here tonight, in reverence of God and in loyalty to our country. Guide the deliberations of this meeting. Prosper all our patriotic endeavors. May the policies adopted at this meeting ever uphold the best and finest expressions of patriotism and good citizenship. May our chief concern be the integrity of our nation and the peace of the world. Strengthen us in the service of our country, that our country may be a source of hope and blessing to the world. Almighty God, God of our fathers, our help in ages past, and our hope for the years to come, hear our prayer. Protect and comfort our fellow Americans both missing and held captive by the aggressors of freedom. In your divine mercy, let them know that they are not forgotten. (Point to chair) May this chair, empty of body, but occupied by the spirit, constantly remind us of our devotion to these men and women. May God comfort and protect them always. Amen.” Commander: “Recover. Right Hand Salute. Join me in the Pledge of Allegiance to the Flag of our Country. Two.”
Commander: "(1 rap) I now declare this meeting of _________ Chapter No. ___________, Military Order of the Purple Heart of the U.S.A., regularly convened for the transaction of such business as may be properly brought before it. Sergeant-at-Arms, you will admit all who are qualified to enter." Commander: "The Objects of the Military Order of the Purple Heart of the U.S.A. are patriotic,
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fraternal, historical, and educational. Patriot Senior Vice-Commander, will you amplify the Patriotic Object of our Order?" Senior Vice-Commander: (stands and salutes) "By Patriotism we mean true allegiance to the government of the United States of America and fidelity to its Constitution and Laws. Patriotism is devotion to our Country which demands that we do our utmost to make our home, our city, our state, and our nation a better place in which to live. In time of emergency we must give all we have of loyalty, service, savings, and sacrifice in the defense of our Country and Flag." Commander: "Patriot Junior Vice-Commander, will you define the Fraternal Object of our Order?" Junior Vice-Commander: (stands and salutes) "Fraternity requires that we attend all meetings of our Chapter if at all possible, to keep alive our contacts with fellow Patriots, to aid in the deliberations, and to offer suggestions for the good of the Order. Fraternity means a kindly impulse towards all Patriots, a cheerful smile, and a firm handclasp of loyal friendship. It also means that we cooperate with other veteran, patriotic, and civic organizations in worthy objectives." Commander: "Patriot Chaplain, will you explain the Historical and Educational Objects of our Order?" Chaplain: (stands and salutes) "Our aim is to keep alive the memory and achievements of our Country's founders and to ever cherish the memory of General George Washington, who instituted the Purple Heart on August 7, 1782, at Newburgh-on-the-Hudson in the State of New York. "The Educational Objects of our Order are based solidly on the `Faith of our Fathers,' reverence to God, and loyalty to Country. We advocate the teaching and influencing of our youth and new citizens in a loyal appreciation of the heritage of American Citizenship with its responsibilities, as well as its rights and privileges." Commander: "We will now proceed to the first order of business." Order of Business 1. Application for Active Membership. Commander: "Patriot Senior Vice-Commander, ascertain if any applications or candidates for active membership are waiting." Senior Vice Commander: "The following candidate(s) for active membership is (are) present, and application(s) is (are) submitted for Patriot(s) __________________ (and _______________, etc.) ___________________ (Organization), ___________________ Sponsored by Patriot ______________" (The same for each candidate.) Commander: (If investigation has not been made previously) "Patriots __________ and ___________ will constitute a committee to investigate the facts of the application. You will retire with the Senior Vice-Commander and candidate(s) and return with report of your findings." 2. Roll Call of Officers. (Adjutant calls roll. Report by Sergeant-at-Arms.) 3. Introduction of Guests and New Members Attending for First Time. 4. Reading of Minutes of Last Meeting. 5. Report of Finance Officer.
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6. Reading and Action on Bills Payable. 7. Reports of Committees. a. Membership candidates. (Upon report of Senior Vice-Commander at this time, or before if possible, the Commander will order a ballot or vote on each application. The initiation or the preliminary admonition and obligation of elected candidates will follow immediately as is convenient.) b. Welfare Officer. Commander: "Are there others of our fellow Patriots sick or in need? Is there a Patriot's family in distress?" c. Americanism. d. Special Committee(s). 8. Reading of Orders and Communications. (Discussions on same.) 9. Unfinished Business. (Adjutant is responsible to have these items ready.) 10. New Business. 11. Good of the Order. (Talks, inspirational and otherwise, etc.)
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Closing Ceremony Commander: "If there is no further business to come before us, we will proceed to adjourn. "Once again we come to the close of a meeting of loyal Patriots of the Military Order of the Purple Heart of the U.S.A. No human tie can be closer than the association of Patriots who have qualified for this most treasured heritage. Before we adjourn let us stand in silent tribute in honor of our Fellow Patriots who have departed this life." (3 raps, all stand) "Uncover." (After 10 seconds, the Chaplain without announcement offers the closing prayer.) Chaplain: "Almighty God, we thank You for the opportunity of association and memories. We pray that You will incline our hearts to entertain a brotherly affection for one another and for all fellow citizens. We pray You dispose us all to justice, kindly impulse, and mercy. As we declare our loyalty to our Country, help us to keep in mind the need of faith in God and Immortality, without which life is meaningless and vain. In that faith and conviction we can and do say to one another and to those who have departed from this life, `Farewell, until we meet again.' Amen." Commander: "Recover. Patriot Sergeant-at-Arms, Retire the Colors." (After the Color Guard has taken position, facing the Commander) "Patriots, join me in the salute to our National Flag. Right Hand Salute." Sergeant-at-Arms: (In low voice) "Color Guard, Present Arms. Colors." (With dispatch) "Retrieve Colors. Color Guards, Order Arms (or two)." "Right (left or about) Face Forward March." (Whenever possible, Colors should be carried the length of the hall upon retiring.) Commander: "Two. I now declare this meeting adjourned."
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ADMONITION AND OBLIGATION OF CANDIDATES (Pending Later Formal Initiation) Commander: "Sergeant-at-Arms, you will present the Candidate(s) for obligation." Sergeant-at-Arms: "Patriot Commander, I present Patriot(s) __________________ for admonition and obligation." Commander: "Patriot(s), you have been elected to active membership in the ____________ Chapter No. _________, of the Military Order of the Purple Heart of the U.S.A. -- an organization of veterans of the United States military services who have served in combat and suffered wounds for their country. "We are together as a result of this exceptional service which we hold in common -- service which develops close ties of fraternalism and a spirit of brotherhood and loyalty which lives far beyond the actual crucible of war that bore them. "The Purple Heart -- first created by George Washington in 1782 -- is the symbol of this brotherhood and of our basic Americanism. We value it as a treasured heritage from the very heart of our country's origin. Such a historic background and requisite of membership serves to set us apart from, although not in rivalry with, any other group. "Nor do we consider it vanity to have honest pride in our eligibility for this distinctive organization. Such pride does not set us above any other honorable service, nor does it overlook the fact that it was the fortunes of war which asked us to sacrifice more than some. "Rather, it is this pride and this fraternalism -- as well as a deep feeling of responsibility towards those of us in need -- that are the sources of our strength -- and of our future. "Now, as you take the obligation of active membership, you promise to work for the best interest of the Order, and to strive to maintain its high ideals of patriotism and of mutual helpfulness; you will endeavor always to be worthy of the Purple Heart which stems from our first Commander in Chief. With a clear understanding of these conditions, are you ready to take the obligation and try to ever faithfully observe its spirit and its meanings?" Obligation: (3 raps) "You will raise your right hand, give your name when you say `I,' and repeat after me: I, ______________, do solemnly promise and declare -- that I will comply -- with all the laws, rules , and regulations -- of the Military Order of the Purple Heart of the U.S.A. -- I will never commit or permit -- any injustice or wrong -- to any Patriot of this Order -- or his family -- if it is in my power to prevent it. -- I will endeavor, at all times -- to aid any member -- of the Military Order of the Purple Heart of the U.S.A. -- his widow and orphans -- as much as is in my power to do so. -- I also promise to uphold and defend -- the Constitution of the United States of America -- and the Flag of our Country. -- All this I do solemnly promise -- upon the honor of a true Patriot -- and a loyal citizen of our great Republic."
(1 rap) All seated except candidate(s) and Sergeant-at-Arms. Commander: "Patriot(s), we welcome you into the Military Order of the Purple Heart of the U.S.A. By virtue of the authority vested in me by the Constitution of our Order, I hereby enroll you and pronounce you to be, (an) active members(s) of the Military Order of the Purple Heart of the U.S.A. It is a high honor; cherish and preserve it. You will now be seated among your fellow Patriots."
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FORMAL INITIATION OF NEW MEMBERS Before the meeting the Sergeant-at-Arms will instruct the candidate(s) in the simple maneuvers necessary, and also secure the Purple Heart Medal if recently awarded or if desired for decoration of candidate(s). Commander: "Sergeant-at-Arms, you will present the candidate(s) for Initiation." Sergeant-at-Arms: "Patriot Commander, I present to you Patriot(s) __________ and __________, who has (have) been found qualified and approved for active membership in the Military Order of the Purple Heart of the U.S.A." Commander: "Sergeant-at-Arms, you will conduct the(se) Candidate(s) in turn to the Patriot Past Commander, Junior Vice-Commander, Senior Vice-Commander, and Chaplain for communication of the principles and objects of the Military Order of the Purple Heart of the U.S.A. Then, return him (them) to this station." Sergeant-at-Arms: "Patriot Past Commander, by order of the Patriot Commander, I present to you this (these) candidate(s), to whom you will amplify the Patriotic object of the Military Order of the Purple Heart of the U.S.A." Past Commander: "The Military Order of the Purple Heart of the U.S.A. is founded on definite historical contact with the Founders of our Country. It is our objective to emphasize the responsibility of citizenship as well as the rights and privileges. Citizenship responsibility is the price of liberty. "When that is achieved, our responsibility as disciples of the principles of George Washington is to demand that the `Star Spangled Banner' remain now and forever our one and only National Anthem; and that our one and only National Flag be unblended and not be merged with those of any other Nation. To be a true Patriot of the Military Order of the Purple Heart of the U.S.A., we must first be a loyal patriot of the United States of America. Sergeant-at-Arms, you will conduct the candidate(s) to the Junior Vice-Commander, who will define the Fraternal object of our Order." Sergeant-at-Arms: "Patriot Junior Vice-Commander, by order of the Commander, I present this (these) candidate(s), to whom you will define the Fraternal object of the Order." Junior Vice-Commander: "Fraternity requires that we attend all meetings of our Chapter if at all possible; to keep alive our contacts with our fellow Patriots; to aid in the deliberations and offer suggestions for the good of the Order. Fraternity means a kindly impulse toward all Patriots, a cheerful smile, and firm hand clasp of loyal friendship. Fraternity makes impossible any accusation or charge without very careful investigation and positive proof. Fraternity will mark as a violation of our ideals any personal resentment or hostility because of a difference of opinion of any function of our Order. We pledge ourselves to stand by each other in sickness or trouble; to visit and assist a needy Patriot or his family when in illness or distress and to report the facts to our Welfare Chairman. Most insistent of all our obligations is that Combat Wounded Patriots of all our Wars
receive justice in consideration and compensation for disabilities. Our Officers are committed to this duty. "The Senior Vice-Commander will now explain the Historical Object of our Order." Sergeant-at-Arms: "Patriot Senior Vice-Commander, by order of the Commander, I present this
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(these) candidate(s), to whom you will explain the History of our Order." Senior Vice-Commander: "The Purple Heart was established by General George Washington during the War of the Revolution, on August 7, 1782, at his Headquarters at Newburgh, NY His General Order reads in part as follows: `The General directs that whenever any singular meritorious action is performed, the author of it shall be permitted to wear on his facings, over his left breast, the figure of a Heart, in purple cloth or silk . . . The road to Glory in a Patriot Army and a free Country is then open to all. This Order is. . . . to be considered as a permanent one.' The Purple Heart is the oldest military decoration for the American Army and the first ever made available to the enlisted man. "After the Revolutionary War all records and reference to this decoration were lost. "On February 22, 1932, the War Department revived the Purple Heart as the oldest of our army decorations. The enacting order reads as follows: General Order War Department No. 3 Washington, February 22, 1932 Purple Heart. -- By order of the President of the United States, the
Purple Heart, established by General George Washington at Newburgh, August 7, 1782, during the War of the Revolution, is hereby revived out of respect of his memory and military achievements.
By order of the Secretary of War: Douglas MacArthur General, Chief of Staff "This significant Order has consummated the Order of General Washington, that the Purple Heart be a permanent decoration. It has made it possible for the Military Order of the Purple Heart of the U.S.A. to become the sacred tie, binding closely the fighting men of all our wars. No other organization has such an historical foundation. None is so all inclusive. It was but natural that an association of qualified veterans would follow. The Military Order of the Purple Heart was incorporated in Ansonia, Connecticut, in September, 1932, and Charted by an Act of the 85th U.S. Congress August 26, 1958, as the Military Order of the Purple Heart of the U.S.A., Inc. "Patriot Sergeant-at-Arms, you will now conduct the candidate(s) to the Chaplain, who will communicate the Educational object of our Order." Sergeant-at-Arms: "Patriot Chaplain, by order of the Senior Vice-Commander, I present this (these) candidate(s), to whom you will communicate the Educational object of our Order." Chaplain: "Patriots: The Education Objects of the Military Order of the Purple Heart of the U.S.A. are based solidly upon the `Faith of our Fathers,' reverence to God, and loyalty to Country. Our purpose is to emphasize to our youth and immigrants the basic importance of the four Documental Cornerstones of our Republic: the Declaration of Independence; the Constitution; the Bill of Rights; and the precepts and admonitions of George Washington. We believe a full knowledge and understanding of them will develop a more sincere love and loyalty toward our Country, Constitution, and Flag. "Sergeant-at-Arms, you will now conduct the candidate(s) to the Commander for the Obligation."
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Sergeant-at-Arms: "Patriot Commander, the candidate(s) has (have) received the admonitions on the Patriotic, Fraternal, Historical, and Educational Objects of our Order." Commander: "Patriots, I am pleased to welcome you into the Military Order of the Purple Heart of the U.S.A." (3 raps, all stand.) "You will raise your right hand, give your name when you say `I,' and repeat after me: I, ________________, -- do solemnly promise and declare -- that I will comply -- with all the laws, rules, and regulations -- of the Military Order of the Purple Heart of the U.S.A. -- I will never commit or permit -- any injustice or wrong -- to any Patriot of this Order -- or his family -- if it is in my power to prevent it. -- I will endeavor, at all times -- to aid any member -- of the Military Order of the Purple Heart of the U.S.A. -- his widow and orphans -- as much as is in my power to do so. -- I also promise -- to uphold and maintain -- the Constitution of the United States of America -- and the Flag of our Country. -- All this I do solemnly promise -- upon the honor of a true Patriot -- and a loyal citizen of our great Republic." (1 rap, all seated except candidate(s) and Sergeant-at-Arms.) Commander: "By virtue of the authority vested in me by the Constitution of our Order, I hereby enroll you and pronounce you to be (an) active member(s) of the Military Order of the Purple Heart of the U.S.A. Be true and faithful to the admonitions you have received and the obligation you have taken. "You will now be seated among your fellow Patriots."
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INSTALLATION OF NEW OFFICERS Under the order of "New Business," or other time if preferred, the Chapter Commander will introduce the Installing Officer and give him the Chapter Charter, Constitution, Ritual, and gavel and will remain in the chair to his left throughout the Installation Ceremony. If the Officers-elect are of a new Chapter, this Ceremony will follow immediately after the Institution of the Chapter. Installing Officer: "Patriot Commander-elect, has the Chapter decided upon the Officers for the ensuing year? (__________) Do you vouch for each Officer-elect having received the decoration of the Purple Heart from the government and is in good standing in this Chapter? (______________) We will then proceed to install your officers in accordance with the Constitution and Bylaws of our Order. "Patriot Adjutant, you will call the roll of Officers-elect, and they will report to the Sergeant-at-Arms in the rear of the Hall." (They will be arranged in file in reverse order listed in the "Duties of Officers.") "Patriot Sergeant-at-Arms, present the Officers-elect to this station." (Stand in one rank with the Commander-elect at the right of the Station, facing front.) Sergeant-at-Arms: "Patriot Installing Officer, I am pleased to present the Officers-elect of __________________ Chapter, No. ________, Military Order of the Purple Heart of the U.S.A." (He will then remaining standing to the left rear of the Commander-elect.) Admonition and Obligation Instituting Officer: "Patriot Officers-elect, you have been chosen to serve as Officers of _________ Chapter, No. ________, Department of _____________, for the ensuing fiscal year. It is an honor and an obligation. I am sure that you will strive to be worthy of the confidence and responsibility. Permit nothing to swerve you from the faithful and impartial administration of your office, your service, or your leadership. Upon you will largely depend the record and progress of this Chapter for the year. If you will employ earnest, aggressive leadership, and follow closely the Constitution, Regulations, and Ritual of this Order, the success and growth of your Chapter is assured. If you accept your office, followed by sluggish interest and only occasional cooperation, the Chapter will mark time and its progress will be limited. The fault will be yours. Study carefully and exemplify clearly our principles and objects, which are: "(1) PATRIOTIC: By word and deed let us testify our loyalty. Permit no Patriotic National Holiday to pass without some observance. "(2) FRATERNAL: No Patriot should be allowed to be friendless when lonely, or without aid when in need. "(3) HISTORICAL: The historical foundation of our Order must ever be emphasized. The memory and precepts of George Washington must ever continue as an influence for true Americanism.
"(4) EDUCATIONAL: Our constant endeavor should be that our youth and immigrants know and appreciate the blessings and benefits of our Constitution, our Republic form of government, and
our American institutions. "Commander-elect, in accepting your obligation, you promise to build a program for regular meetings and interesting Chapter activity based on these four Cornerstones of our Order.
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"Junior Officers-elect, when you take your obligation you agree to assist in this program and each and all of you agree to plan and conduct an aggressive membership activity. "With this definite understanding of your responsibilities, are you all ready to take the obligation of your office?" Obligation of Officers Instituting Officer: (3 raps) "You will raise your right hand, give your name when you say `I,' and repeat after me: I, _____________, do hereby solemnly promise -- that to the best of my ability -- I will faithfully discharge -- the duties of the office -- which I hereby assume -- according to the Constitution -- Bylaws, Regulations, and Ritual -- of the Military Order of the Purple Heart of the U.S.A. -- and the Bylaws of this Chapter. -- I further promise -- that I will relinquish -- all authority of my office -- and all Chapter property and monies in my possession -- to my successor when elected or appointed -- by the Constitutional provisions of the Order. -- All this I pledge on my honor -- as an active member -- of the Military Order of the Purple Heart of the U.S.A. (1 rap) "Patriot Officers of _____________ Chapter, No. _____, I congratulate you and enjoin you to make the success, progress, and increased membership of this Chapter your first considerations and very best endeavor. "Patriot Officers, about face. Patriots of ________ Chapter, No. ________, I am pleased to present your officers for the ensuing year." (The Instituting Officer, with a list of Officers and Offices, arranged with the Junior on the left, will descend to the line of Officers, grasp each by hand, and congratulate him. Further, in the following or other brief admonitions, suggest his duties and pin on a badge, if used, assisted by the Sergeant-at-Arms.) Duties of Officers "Welfare Officer, you are last on the list, as we hope you will be least called upon for service. Your office is, however, of first importance if any Patriot is ill or in need or his family is in distress. It will be your most earnest endeavor to secure justice in the award and compensation for all disabled Combat Wounded Patriots." "Judge Advocate, you will give advice on the legal aspect of any project, insure justice to all Patriots in meetings, and act as parliamentarian."
"Americanism Officer, you will suggest patriotic participation or special observance at nearest meeting preceding all national holidays, and suggest opportunities for cooperation in patriotic occasions. You will assist in making plans for initiation of classes of new, active Patriot Members." "Historian, your responsibilities are great, for only through the faithful performance of your duties can the labors and plans of the present Officers become a benefit and heritage for future years." "Trustee, you become the junior member of the Chapter Trustees. It is your duty to act as secretary and arrange to audit the Adjutant's and Finance Officer's books each quarter and to submit a written report to the Chapter. You will also be consulted in all but routine financial matters." "Color Sergeant, you will assist the Sergeant-at-Arms in the manual of Colors. Have them ready in advance of meetings and take charge in his absence." "Sergeant-at-Arms, you will guard the door and prevent any disturbance in or about the meeting hall.
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You will assist the Senior Vice-Commander in greeting all visitors, have all register who enter, and report to him the presence of all visiting Patriots, particularly visiting National and Department Officers. The respect, care, and manual of our National and Chapter Flags are your responsibility. Guard them well." "Dept. Executive Committeeman, it is your duty to attend and submit to the Executive Committee all pertinent resolutions from the Chapter and to report back all proceedings." "Chaplain, by the sincere and serious exemplification of your duties, you will add much to the dignity of our meetings. Let us not forget that as true Patriots we owe reverence to God as well as loyalty to our Country." "Finance Officer, the success of a Chapter is often determined by the Finance Officer. The amount of money the Chapter has or has not is not as important as that your records are carefully compiled. Standard account forms should be used." "Adjutant, the duties of other officers are largely inspirational and creative; yours are facts and figures and details which must be recorded carefully and faithfully or the Chapter will suffer. See that the Finance Officer's records agree with yours. Study your duties carefully as enumerated in the `Rules and Regulations.' They are most important." "Junior Vice-Commander, your duties are to assist the Commander in providing interesting meetings and entertainment for the Patriots. Also, you are to see that all paraphernalia and accessories for the program are in place. Further, you are to assist the Senior Vice-Commander in making plans for, and in developing, early aggressive membership activities." "Senior Vice-Commander, you are in complete charge of the membership activities of this Chapter, both early renewals and new active members. You will endeavor to personally greet all guests and see that they are registered with the Sergeant-at-Arms. It is also your responsibility to assist the Commander in advancing the objects of the Order, and to be prepared to take his station in his absence."
"Patriot Sergeant-at-Arms, conduct the Junior Officers to their stations (or seats). Patriot Commander, accompany me to the Commander's station." (at station) "Patriot Commander (retiring), I now install you as the Immediate Past Commander with duties to give advice when requested and to assist the Patriot Commander in his program. You will aid in the formal initiation of new active members." "Patriot Commander (new), I congratulate you upon your election to this office. It is a high honor and much will be required from you in return. Guard well the interest of your Chapter, this Department, and the Order. Work for and further the welfare of the Military Order of the Purple Heart of the U.S.A. The Patriot Officers who are now associated with you, I believe, will faithfully fulfill their duties. However, the responsibility to see that they do is yours. None of these duties can be waived. Be fair and impartial in your decisions toward all Patriots. Be tactful, cordial, and cooperative with other veteran organizations. They are our Comrades-in-Arms in the bonds of patriotism and aid to disabled veterans and their dependent families. "In assurance that you will not fail to meet all the obligations, I now assign to your care, use, and protection, the Charter of this Chapter, and the Constitution, Bylaws, and Ritual of the Military Order of the Purple Heart of the U.S.A. Preserve them carefully and transfer them to your successor when elected. I now present you with this gavel. May it symbolize your authority in fraternal manifestations toward your fellow Patriots. "As (________________), of the Department of ____________, Military Order of the Purple Heart
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of the U.S.A., I now proclaim you as Commander, and the other Patriots installed as Officers, of ______________ Chapter, No. _________. I bring congratulations and best wishes for your success from our National Commander. "Patriot Commander, you will now proceed with the (introductions and ) program."
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NEW CHAPTER Initiation of Members; Institution of Chapter Commander-elect will escort Instituting Officer to Commander's Station and introduce him and remain seated at his right. Instituting Officer: "Patriots, I have been authorized by the National Commander to institute this Chapter in accordance with the Constitution of the Military Order of the Purple Heart of the U.S.A. In testimony of our loyalty to our Country, join me in the salute to our National Flag. (3 raps) Sergeant-at-Arms, advance the Flag of our Country -- (or if in place) -- Right Hand Salute -- Two. In testimony of our reverence to God, the Chaplain will lead in prayer for Divine blessing. Uncover." Chaplain: "God of our Fathers, Whose Almighty Power has protected the destinies of our Nation, continue to show Your favor toward us. "May we be imbued with that spirit which prompted our Fathers and was reincarnated in their sons, thereby enabling them to uphold the principles for which the Fathers died. "We would be ever mindful of all the sacrifices made for us whereby we are permitted to be partakers of the liberties so dearly bought. May we always be faithful to those ideals which have been the inspiration for action in this land of ours. "Enable us to cleanse our thoughts of all evil desires and false ambitions. Inspire us with high motives and noble aspirations. "May the principles of right, truth, and justice govern us in our conduct at home and abroad that our Flag may never be sullied and that our Nation may prosper. "To you, O God of Nations, we pray. Amen." Instituting Officer: "Recover." (1 rap, all seated.) "Patriots, I congratulate you upon your decision to organize a Chapter of the Military Order of the Purple Heart of the U.S.A., an organization of Veterans of the United States Armed Forces who have offered their lives and have suffered for their Country. We who have been honored by the award of the Purple Heart prize it highly as a treasured heritage from the Father of our County. But we claim no credit or distinction above that of any other Veteran who honorably served. It was the fortunes of War which qualified us for the honor. But we did stand in our place with fidelity to essential service. We strive always to be worthy of the salutation `Patriot.' "Our order is founded on the Purple Heart which was instituted by General George Washington on August 7, 1782, by his General Order, which reads in part as follows: `The General directs . . . that whenever any singularly meritorious action is performed, the author of it shall be permitted to wear on his facing over the left breast, the figure of a heart, in purple . . . This Order is . . . to be considered as a permanent one.' The Purple Heart is the oldest decoration of the American Army and the first ever made available to the enlisted men. After the Revolutionary War the facts and information of the Purple Heart vanished from public knowledge. No trace or record of it appeared in any public document for 150 years. Thus, a great and important event was lost to the pages of history. "On February 22, 1932, in conformity with Congressional action. President Herbert Hoover directed the War Department to revive the Purple Heart as the oldest of Army decorations. The enacting Order reads as follows:
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General Order War Department No. 3 Washington, February 22, 1932 Purple Heart. -- By order of the President of the United States, the
Purple Heart, established by General George Washington at Newburgh, August 7, 1782, during the War of the Revolution, is hereby revived out of respect of his memory and military achievements.
By order of the Secretary of War: Douglas MacArthur General, Chief of Staff "This significant order has consummated the Order of General Washington, that the Purple Heart be a permanent decoration. It has made it possible for the Military Order of the Purple Heart of the U.S.A. to become the sacred tie binding closely the fighting men of all our wars. No other organization has this historic foundation. None is so all-inclusive. It was but natural that an association of qualified Veterans would follow. The Military Order of the Purple Heart was incorporated in Ansonia, Connecticut, in September, 1932, and Chartered by an Act of the 85th U.S. Congress August 26, 1958, as the Military Order of the Purple Heart of the United States of America, Inc." Initiation and Institution The Commander-elect will call the role of Patriots who have applied for active membership in the Chapter. The Sergeant-at-Arms will present the Patriots to this station as their names are read. Instituting Officer: "Patriots, we have covered the inception, history, and inspiration of our Order. As you accept the Obligation of active membership you will promise to work for the best interest of our Order, to always strive to maintain your own character at a high standard, to endeavor always to be worthy of the Purple Heart, instituted by our first Commander-in-Chief. With a clear understanding of these conditions, are you ready to assume the Obligation, and ever try to observe the same faithfully as long as you live?" (Pause for assent.) Obligation: (3 raps) "You will raise your right hand, give your name as you say, `I,' and repeat after me: I, ________, -- do solemnly promise and declare -- that I will comply -- with all the laws, rules, and regulations -- of the Military Order of the Purple Heart of the U.S.A. -- I will never commit or permit -- any injustice or wrong -- to any Patriot of this Order -- or his family -- if it is in my power to prevent it. -- I will endeavor at all times -- to aid any member of the Military Order of the Purple Heart of the U.S.A. -- his widow and orphans -- as much as it is in my power to do so. -- I also promise -- to uphold and maintain -- the Constitution of the United States of America -- and the Flag of our Country. -- All this I do solemnly promise -- upon the honor of a true Patriot -- and a loyal citizen of our great Republic. (1 rap) "Patriots, we welcome you into the Military Order of the Purple Heart of the U.S.A. By virtue of the authority vested in me by the Constitution of our Order, I hereby enroll you, and pronounce you to be (an) active member(s) of the Military Order of the Purple Heart of the U.S.A." (1 rap, all seated.) Institution Instituting Officer: "We will now proceed to the Institution of your Chapter. Have you decided upon a name for your Chapter?" (Or, "I understand you have decided upon the name _____________. Is that correct?") (answer) "National Headquarters has assigned to you the number ______________. In compliance with your selection and by authority of the National
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Commander, I now declare this to be a Chapter of the Military Order of the Purple Heart of the U.S.A., henceforth to be known as ___________ Chapter, No. ________, Department of ___________, Military Order of the Purple Heart of the U.S.A., and entitled to all rights and privileges of the Order, so long as its members comply with its laws, rules, and regulations." (Installation of officers follows immediately)
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DEDICATION CEREMONY This suggested ceremony, with the inclusion of the SPECIFIC Dedication to fit the occasion, is adaptable for any function. After the advancing and posting of the Colors. -- Commander: "Fellow Patriots of the Military Order of the Purple Heart of the U.S.A. and friends. It is fitting that we have assembled for the dedication of this (hall, building, memorial, tablet, tree, Charter, or Colors). Our words and acts here add little to its (their) significance and value, but by them we can and do consecrate ourselves to renewed loyalty to our Country, reverence to our God, and continued fidelity to essential service in days of peace as we did in war. "In this and in all functions of the Military Order of the Purple Heart of the U.S.A., we strive earnestly to follow the precepts and policies of our first Commander-in-Chief, George Washington, who instituted the Purple Heart in 1782. We follow his admonition, as his Patriot disciples. "The Chaplain will ask the blessings of God upon these ceremonies. Uncover." Chaplain: "Almighty God, our Divine Father and Guide, we humbly stand before You in acknowledgment of our reverence and faith. We thank You for our manifold blessings and for our associations one with another. We pray for Your blessings on our Republic, the United States of America. Bless and guide our President and all representatives in government. Guide their deliberations that they may rule wisely for the welfare of all our people. "We ask Your blessings upon this occasion as we dedicate this ___________ to the service of the Military Order of the Purple Heart of the U.S.A. As we bow before You, may we each and all resolve to consecrate ourselves, our words, our deeds, and our lives to loyal allegiance to Country and reverent faith in God. We pray for Your care and solace to our sick and needy fellow Patriots. In the conviction that You favor honesty of purpose and unselfish service, we ask Your blessings on this day. Amen." Commander: (Will introduce him/her who is to make the presentation.) Presentation Speech: (if desired.) Acceptance Remarks by a Past Commander or other Patriot. Commander. (Actual Dedication. Here insert the suggested dedication suitable.) (Closing prayer and retirement of Colors.)
Dedication of Memorial or Monument
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Commander: "In the name of ___________ Chapter, No. ______, Department of _____________, Military Order of the Purple Heart of the U.S.A., I now dedicate this Memorial in commemoration of the extraordinary fidelity and essential service of those fellow Patriots who suffered and gave their lives for the cause of justice, liberty, and freedom. Words cannot enhance their Glory. They died for their Country. We can best consecrate this occasion by rededicating ourselves, our words, our deeds, and our lives to loyal, unselfish service, that the cause for which they died will ever live; that our great Republic will ever remain the bulwark of liberty and freedom, and the guarantor and protector of the democratic and American way of life. I dedicate this Memorial to the sacred memory of all our Nation's defenders, and with it I dedicate the Military Order of the Purple Heart of the U.S.A. to continue to be the sacred tie binding the Patriots of all our wars who offered their lives and have suffered for their Country." Dedication of Chapter Commander: "In the name of ___________ Chapter, No. ______, Department of _____________, Military Order of the Purple Heart of the U.S.A., I now dedicate this Charter, which establishes this Chapter as a part of our Order. May each Patriot whose name is thereon inscribed, and other Patriots who will actively enroll with us, strive to be ever worthy of membership in our Order. Each of us has accepted the responsibility of helping to consummate the last sentence of General Washington's General Order establishing the award of the Purple Heart. `This Order is . . . to be considered as a permanent one.' As we dedicate this Charter, may each Patriot dedicate himself in loyal fidelity to the principles and ideals of our Order." Dedication of Hall, Building, Bridge, Tree, Park Commander: "In the name of _______________ Chapter, No. ________, Department of _______________, Military Order of the Purple Heart of the U.S.A., I now dedicate this ______________ to the welfare and enjoyment of our Chapter and Community. May it ever remind us that true service is in action, not sentiment alone. We dedicate not an inanimate, beautifully formed figure of metal or stone, but a contribution to our daily life, which we will ever guard in commemoration of our fellow Patriots who have departed this life. "I dedicate this _______ to the welfare and purpose of this Chapter and Community, and with it I dedicate this Chapter to faithful service to our disabled Patriots and their families, our Community, and our Nation, in commemoration of our heroic deeds." Dedication of Colors (All other Colors or Flags present will be advanced at opening of meeting and will remain in place. Stands should be provided for new Colors to be Dedicated.) Commander: (3 raps, all rise) "Sergeant-at-Arms, display the Colors for Dedication." (Additional Color Guards will take position back of all Colors in place, facing the Chapter. They will retrieve
Flags as Sergeant-at-Arms advances Colors to be dedicated, to midway between first row of seats and Commander, facing forward.)
Commander: "Salute the Colors. Right Hand Salute." (Bugler sounds "To the Colors" or band or piano plays "The National Anthem.") Commander: "Two." (Color Guard will remain in place.) "In the name of __________ Chapter, No. ________, Department of ____________, Military
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Order of the Purple Heart of the U.S.A., I now dedicate these Colors, our National Flag, in design and colors suggested by the Coat of Arms of General George Washington, representing the very spirit of the United States of America. It is the cherished emblem of our free Republic, which we will ever love, honor, and protect with our lives if need be. Beside it stands the beautiful Flag of our Order: Purple, Royal Purple. "I dedicate these Colors for the purpose and use of our Chapter, our Community, our State, and our Nation. In our hearts and minds we dedicate ourselves to continued fidelity and to essential service to our Order, our Nation, our people, and our Flag. Patriots, join me in the salute to our National Emblem. "Right Hand Salute. Post Colors." (Sergeant-at-Arms will direct placing of Colors in stands.) "Two." (1 rap, all seated.)
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MEMORIAL SERVICE This Commemorative or Memorial Service is suggested with sufficient flexibility to be adapted to any Memorial Service, indoor or out, in regular meeting or at formal Memorial Day Ceremony. The Commander's remarks in the Burial Service may be incorporated if desired. In Regular Meeting of the Order Commander: "We will suspend the regular Order of Business and dedicate this part of the meeting to honor the memory of our departed Patriot(s) ________________ and _______________. The Patriot Chaplain will lead us in prayer. (3 raps) Uncover." (Use prayer below and follow program as printed.) If In Special Memorial Meeting Commander: (1 rap) "The Patriots of ____________ Chapter, No. ______, Military Order of the Purple Heart of the U.S.A. will come to order. We are met to honor the memory of our departed fellow Patriot(s) ________________ and ________________. Patriot Sergeant-at-Arms, advance the Colors. (3 raps) Right hand salute." (Color Guards take positions, face the Charter and remain with Colors, without posting.) "Two." "The Patriot Chaplain will lead us in prayer. Uncover." (If an outdoor Memorial Service, the above words should be changed accordingly.) Chaplain: "Almighty God, the God of our Fathers, our Help in ages past and our Hope for years to come, we thank You for the lives of these men whom we today commemorate. Their sacrifice shines down through the years upon us and lightens our path for the future. Help us to walk in the light of that sacrifice. Grant us power and vision to maintain the peace for which these men died, and to work with You for a world where there shall be no more slaughter of man by man, where the war drums no longer throb, and the battle flags are furled. "Grant us to see the vision of world peace when nation shall not lift up sword against nation. Teach us to love men of every race, color, and language as our own brethren. The glorious ones who died gave their lives as a sacrifice for their nation and they died for peace. Make us ready and willing to sacrifice our all to You, O God of sacrifice. Dear Lord! America needs Your guidance today, that Your will may be done on earth as it is in heaven. Amen." Commander: "Recover. Fellow Patriots and Friends: We have assembled in sincere and heartfelt affection and deep sense of loss to honor the Patriot(s) who served and suffered for his (their) Country and have now departed this life. Not in boasting but as an expression of our specific responsibility in this occasion do we come together. The Military Order of the Purple Heart of the U.S.A. is the sacred tie binding veterans of all our Wars. It is founded upon the `Purple Heart' established by General George Washington in 1782. "We meet today to honor our Soldier, Sailor, Marine, Air Force, Aviator, and Coast Guard dead of all our Wars. Other vacant chairs are being placed and may be placed in the future on the hallowed Memorial Altar at our Commemorative Ceremonies. The affectionate regard and fellowship of our Order will increasingly extend to all the Patriots who, because of wounds or death in battle, are awarded the Purple Heart decoration. "Patriot Adjutant, read the roll of our departed fellow Patriots." (Adjutant will read each Patriot's name individually with services and Chapter. As each Patriot's name is read separately, if time and occasion permit, a Past Commander or some Patriot who was close to him will eulogize his memory and give facts of his service to the Order.)
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Chaplain: (As each name is completed or the eulogy given, the Chaplain will place a flower in a case.) "In memory of Patriot __________" (last name only). Commander: "The Chaplain will offer the closing prayer." Chaplain: "God of the dead and of the living, we come unto You in a prayer of memory for those who died that others might live. For servicemen and women who on many distant fields of death gave their lives for their country and their homes and all who were to come after them. For those who in mortal combat found in the restless ocean their last long sleep. For statesmen who gave of life and health to build a better world. For martyrs who sold their bodies for their souls' desires. For policemen and firemen, who died on duty to protect the homes of all. For the physician who purchased in his death the knowledge to make our lives secure. For these, O God of the Ages, we bring our memorial tribute of praise. Seal You our memories with a new consecration to the unfinished causes for which they gave their all. Your Name, we ask it. Amen." (At this time the Elegy from Page ____, Burial Service, will be appropriate.) Commander: (If in regular meeting) "Patriots Recover. (1 rap) We will continue the regular Order of Business." (Or, if in special meeting) Commander: "Patriots. Recover. "Sergeant-at-Arms, Retire the Colors. "Patriots, Right Hand Salute; two. "I now declare this meeting adjourned."
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BURIAL SERVICE All Patriot members are advised to assemble at the home of the deceased or the funeral chapel at 8:00 P.M. on the evening preceding the burial. The Commander of the Chapter must make arrangements for this assemblage with the next of kin of the deceased Patriot and the funeral director. All Patriots present must bare their heads and place overseas cap to left breast while standing at attention upon the order of "Uncover" by the Commander. Commander: "We assemble here this evening in honor and reverence to our departed Patriot _______________, who has answered the summons of the Divine Commander-in-Chief. Our departed Patriot served his country well, exemplifying the cherished traditions of America. We admire his extraordinary fidelity and devotion to service. He was awarded the Decoration of the Purple Heart instituted in 1782 by the Father of our Country, George Washington. This loyal soldier (or sailor, marine, airman or coast guardsman) could receive no higher commendation. He was beloved by us all. He was a true Patriot. Chaplain, will you kindly lead us in prayer?" Chaplain: "O God, Who has placed us in a mysterious universe where some things are known, but much is yet beyond our comprehension, and Who has set us in the midst of life, where there are high joys, but also grim pain, said separation, and final death, You know that the Flag is at half-mast in our hearts in tribute to the dead. We remember those who were once a part of this organization, and served You through their faithful performance of all duties and obligations, but not one whose passing did not leave an empty place against the sky and a lonely place in our hearts. Especially do we pray for our departed Patriot ______________. Receive our prayers for Your servant whom death has overtaken. Retain his soul in Your keeping. Pardon all that has been amiss; and draw him nearer and nearer to Yourself. Have compassion, O most merciful Lord, on all who are mourning our Patriot. Be You our Comforter and Friend, and bring us to a fuller knowledge of Your love, assuage the anguish of our bereavement, and leave only the cherished memory of the loved and lost who have laid so costly a sacrifice upon the Altar of Freedom. We pray in Your Name. Amen." When the Chaplain has finished this prayer, each Patriot member, the Commander preceding, will walk quietly forward to the casket, give a slow, respectful salute, and then clasp the hand of the next of kin and the mourners of the deceased, saying in a low voice some appropriate remark, such as "Heartfelt condolences," and then retire to an outer room or leave the home if every room is filled with mourners. It is advisable that the National Flag and Chapter Colors be displayed by the Color Guard during the ceremony. Funeral in Church and at Graveside The flag of burial, usually wool bunting, will be obtained from a government agency, Postmaster in Post Office, or representative in County Court House, for war veterans or officers or men who died in the Service. The Purple Heart cortege at funerals ranks as follows in motion: Color Guard, Chaplain, Bugler, Pallbearers on each side of casket, Firing Detail, Commander and officers, members. In time of mourning we must be very solicitous that the wishes of the next of kin of the deceased are affected diplomatically. A representative of the Chapter must contact the family of the deceased before the ceremony and ascertain all essential facts concerning the church ceremony and burial ceremony at the grave. We must remember not to infringe the Ritual Ceremony upon the actual religious ceremony in the church or at the grave. The wishes of the officiating clergyman and the members of the family of the deceased must be respected.
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Usually, today, in our modern times of fast transportation and long distances between a residential district and a cemetery in the urban district, the regular funeral cortege has been eliminated. We are at present concerned with the Ritual Ceremony at the Church and at the graveside, for all members usually travel in automobiles. The Chapter funeral cortege will not participate in the Church Ceremony. Arriving at the church the Color will march down the aisle to their seat or pew reservation. Colors may be carried into the church and placed in the pew. The Chaplain, Bugler, Pallbearers, Honorary Pallbearers, the Commander, and Chapter members will follow in order and be seated in the pews reserved for them. They will not actually participate in the ceremony but will be attentive as they occupy seats in the pews. If the Chapter Chaplain is of the same faith as the officiating clergyman, he may participate upon invitation. When the church ceremony has ended, the cortege will leave in order up the aisle: Color Guard, Chaplain, Bugler, casket, pallbearers, Commander, and Chapter members. The funeral director will escort them outside the church to the automobiles waiting at the curb to transport them to the cemetery. Members of the Firing Detail may attend the church ceremony but they must bivouac or leave their rifles outside when they enter the church. However, the custom prevails that members of the Firing Detail do not enter the church, as discretion demands that each member retain his own particular rifle until he has lodged it in a safe place. The Color Guard and Firing Detail always flank the cortege when standing, entering, or leaving the church, or when arriving at or leaving the grave in the cemetery. From the very beginning, the casket is to be covered with the burial flag. It is important that the entire ceremony run harmoniously and smoothly. Some changes may be made in this Ritual Ceremony to accommodate local circumstances. Army and Navy regulations for military funeral services essentially should be followed. The United States flag is never dipped or lowered. Only Chapter colors are dipped during the sounding of Taps and every time the casket passes. During inclement weather at graveside, all remain covered and do not uncover during the religious ceremony. Members of the Firing Detail must be certain that their rifles contain only blank cartridges and that they rigidly follow the manner depicted in the manual of arms. The Firing Detail Commander must have an incisive stentorian voice. His commands are 1. Ready. 2. Aim. 3. Fire. After the first volley the rifle is lowered to the position of load. The next two commands are: 1. Aim. 2. Squad. 3. Fire. After the 3rd volley the Firing Detail positions to load and remains so until Taps have been sounded. At the conclusion of Taps the Chapter Commander and the Chaplain fold the burial flag through 6 prescribed phases to form finally a cocked-hat shape. The Chaplain presents the flag to the next of kin at the graveside. Usually the officiating clergyman and his attendants perform the religious ceremony at the graveside. When this ceremony has ended, the Chapter Chaplain and the Chapter Commander take their stations and the Ritual Ceremony is begun. Burial Ceremony at Grave
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Commander stands at head of grave behind and to the right of the Chaplain. Commander: "We are met and assembled here upon a solemn occasion. In our hour of grief we deem it fit and proper to offer our heartfelt tribute to the sublime sacrificial deeds of our worthy Patriot _______________, who has been called away by the Father of us all to join in the immortal ranks, in answer to the last roll call. Forgetful of self, oblivious of danger, he offered his life and suffered for his country. Upon his return from the horrors of war he entered civilian life with an abiding faith in God, his Country, and his Flag. Because of war wounds and essential loyalty to this beloved Country, and fidelity and devotion to its principles, he was awarded the Decoration of the Purple Heart instituted by George Washington in 1782. Patriot ________________ was a beloved member of Chapter No. ___________, Military Order of the Purple Heart of the U.S.A., a true Patriot of our Order and a loyal citizen of our beloved United States of America. Chaplain, will you kindly lead us in prayer." Chaplain: "Greater love has no man than this, that a man lay down his life for his friends. These are Divinely spoken words and clearly depict the charitable contribution of the life of our departed Patriot. Patriot ___________ truly offered his life upon the altar of sacrifice, so that the principles of our beloved country might survive. "We pray, Almighty God, All-loving Father, give restful sleep and rest to the soul of this, our Patriot, who has returned to God. Grant also that each one of us here today may return to You in confidence and faith in that final parting hour that, having fought the good fight, we can say with St. Paul that we have attained the reward of everlasting happiness with You and Your Angels. Amen." ("Nearer My God to Thee" may be sung assembled or rendered by the Drum and Bugle Corps, if present.) Commander: "In deep grief and abiding affection we officially salute our departed Patriot, whose epitaph is indelibly engraved upon the hearts of his buddies and shipmates: "Soft and safe be the resting place of our Patriot.
Bright and glorious be his rising from it.
Fragrant be the flowers that shall flourish here.
May the earliest buds of spring unfold their beauty in perennial loveliness.
And, in the bright morning of the World's resurrection,
May his soul spring into newness of life
And expand into immortal beauty in realms beyond the skies.
Until then, dear friend and Patriot, until then, farewell."
Commander: "Salute our departed Patriot." The Firing Detail Commander executes 3 volleys. Taps will be sounded by Bugler followed by echo 220 yards distant. The Burial flag will be folded in triangle, blue outside, and presented to next of kin by the Chaplain. Commander: "Farewell, Patriot ______________. A fond farewell until we meet again."
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POSITIONS OF PARTICIPANTS AT GRAVESIDE Drum & Firing Detail Bugle Squad Corps 1 2 3 4 5 6 7 8 Commander Officiating Military Escort Clergyman and Members Color Guard & Bearers P A L L B E CASKET A P R A E L R L FAMILY S B & E OTHERS ** A ** R Head of Grave E R S C E M Chapter Chaplain E T E R Bugler Chapter Commander Y P L O T Honorary Pall Bearers
ROADWAY
85th National Convention Bylaws Summary of Voting Results
RESOLUTION SUBJECT RESULTS NO. 2017-1a Change to Article XVIII, Section 2, C DIS-APPROVED 2017-1b Change to Article XVIII, Section 2, C APPROVED 2017-2 Change to Article III, Section 4, A APPROVED 2017-3 Change to XII, Section 1 APPROVED 2017-4 Change to Article XV, Section 13 A 1) d) DIS-APPROVED 2017-5 Change to Article XI, Section 1, E5 Change to Article XI, Section 3, E Change to Article XI, Section 2, F Change to Article XI, Section 2, F & G APPROVED 2017-6 Change to Article XIII, Dues, Section 2 Life Member Rebates DIS-APPROVED 2017-7 Change to Article XI, Section 4, Region Commanders WITHDRAWN 2017-8 Change to Article VII, Departments, Section 9, Removals WITHDRAWN 2017-9 Change to Article XII, National Committees, Section 1, NEC WITHDRAWN
2017-10 Change to Article XII, National Committees, Section 1, NEC APPROVED 2017-11 Change to Article XV, Section 12, I WITHDRAWN 2017-12 Change to Article XI, Section 5 DIS-APPROVED 2017-13 Change to Article III – Chapters – Section 4B APPROVED 2017-14 Change to Article XII: National Committees, Section 5: Investment Committee WITHDRAWN 2017-15 Change to Article XII, National Committees, Section 1, NEC WITHDRAWN
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RESOLUTION: 2017 ~ 1a ARTICLE XVIII Section 2, C ~ Associate Memberships COMMITTEE: Bylaws
RE: Change to ARTICLE XVIII, Section 2, C
WHEREAS: Article XVIII SECTION 2 ~ MEMBERSHIP reads:
C Gold Star mothers, fathers, children, and spouses will be allowed to join at no cost and
will be provided a digital copy of the Purple Heart Magazine at no cost to the Order,
and
WHEREAS: Article XVIII Section 6 DUES reads:
Associate Life Membership dues shall be the same as MOPH Life Membership dues.
WHEREAS: Title 26 United States Code (USC) § 501 (c)(19) B covers the requirements to
maintain our nonprofit status, and
WHEREAS: Title 26 USC § 501 (c)(19) B has a requirement for at least 75% of the MOPH
membership to be Purple Heart recipients with other restrictions limiting
Associate Members, and
WHEREAS: Allowing free membership for Gold Star families could endanger the Order’s
nonprofit status by too many Gold Star families taking advantage to the free
membership, therefore, be it,
RESOLVED: That Article XVIII Section 2,C be changed to read:
C Associate Membership will be granted to Gold Star mothers, fathers, children,
and spouses.
Submitted by: National Bylaws Committee
Bylaws Committee’s
Recommendation: Convention Action:
2
RESOLUTION: 2017 ~ 1b ARTICLE XVIII Section 2, C ~ Associate Memberships COMMITTEE: Bylaws
RE: Change to ARTICLE XVIII, Section 2, C
WHEREAS: Article XVIII Associate Members SECTION 2 C reads:
Gold Star mothers, fathers, children, and spouses will be allowed to join at no cost and
will be provided a digital copy of the Purple Heart Magazine at no cost to the Order,
and
WHEREAS: As Gold Star families of deceased recipients of the Purple Heart Medal, they
are already eligible for membership as Associate Members, and
WHEREAS: No other class of membership exists that is given free membership and it
would be very costly for the National Headquarter to track Gold Star
Families as a separate class of membership, and
WHEREAS: Gold Star Families would be counted as Associate Members and therefore
subject to the IRS constraints on the number of Associate Members allowed
under our Congressional Charter, and
WHEREAS: Gold Star Families should be encouraged to participate in the Order under
the same guidelines and restrictions that affect any other class requestiong
membership as Associate Member and should be required to the pay for the
privilege of membership,, therefore, be it,
RESOLVED: That Article XVIII Section 2,C be changed to read:
Gold Star mothers, fathers, children, and spouses will be encouraged to join the Order as Associate
Members under the requirements for other eligible classes of Associate members.
Submitted by: National Bylaws Committee
Bylaws Committee’s
Recommendation: Convention Action:
3
RESOLUTION: 2017 ~ 2 ARTICLE III, Section 4, A Chapter election dates COMMITTEE: Bylaws
RE: Change to ARTICLE III, Section 4, A
WHEREAS: The Bylaws were revised and approved by the NEC in 2017, and
WHEREAS: The revision reads:
ARTICLE III, Section 4 ~ ELECTIONS
A. Election of the chapter officers shall be held in March of each year.
WHEREAS: The Bylaws Committee voted to keep the same dates for chapter elections
as existed in the 1984 Bylaws Version, which had the elections being held in
April rather than in March, and
WHEREAS: There was a typo about which month to hold chapter elections in the
version of the bylaws sent out to the NEC for a vote in May 2017 therefore,
be it,
RESOLVED: That Article III Section 4, A be changed by substituting “April” for “March.”
Submitted by: National Bylaws Committee
Bylaws Committee’s
Recommendation: Convention Action:
4
RESOLUTION: 2017 ~ 3 ARTICLE XII, Section 1 National Executive Committee COMMITTEE: Bylaws
RE: Change to ARTICLE XII, Section 1
WHEREAS: ARTICLE XII ~ Section 1 ~ National Executive Committee reads;
“A. The National Commander, Past National Commanders, National
Senior Vice Commander, National Junior Vice Commander, six Region
Commanders, National Finance Officer, National Judge Advocate,
National Inspector, National Sergeant-at-Arms, Department
Commanders, National Finance Committeemen, and National
Publications Committeemen who shall all have a voice and a vote…,” and
WHEREAS: ARTICLE IX ~ NATIONAL CONVENTION Section 2 ~ reads;
C. All Department Commanders with a voice and a vote. In the absence of the
Commander, the Senior Vice Commander or Junior Vice Commander may
represent the department…, and
WHEREAS: Article IX Section 2 allows for a subordinate commander to represent the department at the national convention if the department commander does not attend, which gives the department a voice and a vote, and
WHEREAS: In the past, when the National Executive Committee voted between conventions the Adjutant sent out voting sheets to the Senior Vice and Junior Vice Commanders as part of the National Executive Committee, and
WHEREAS: The wording of Article XII, Section 1 was not changed in the June 2, 2017 bylaws where it listed “Department Commanders” as the only potential representative of their department, and
WHEREAS: The circumstance for allowing Senior and Junior commanders to vote at National Convention which includes the pre-convention and post national convention NEC meetings are not for consideration on NEC votes between conventions, therefore, be it,
RESOLVED: That Article XII Section 1, A be added that reads:
1) In the absence of the Commander, the Senior Vice Commander or Junior
Vice Commander may represent the department at the NEC meetings in the
convention city at the pre-convention and post national convention NEC
meeting.
2) Only the Department Commander has a vote during all other NEC votes.
Submitted by: Department of Kentucky
Bylaws Committee’s
Recommendation: Convention Action:
5
RESOLUTION: 2017 ~ 4 ARTICLE XV Section 13 A 1) d)
COMMITTEE: Bylaws
RE: Change to ARTICLE XV Section 13 A 1) d)
WHEREAS: The past few years have seen a trend of members sending less than courteous e-
mails concerning actions or potential actions of officers of the Order, and
WHEREAS: These e-mails have used derogatory name calling and demeaning language
towards other Patriots in the Order, and
WHEREAS: There were e-mails with misleading or, factually incorrect information, and
WHEREAS: There have been e-mails using the above-mentioned actions to influence orders
and potential decisions by officers of the Order, and
WHEREAS: There needs to be open communication within the Order, and
WHEREAS: There have been inappropriate e-mails by officers with directives to members
who are not in their chain of command, therefore, be it,
RESOLVED: That Article XV Section 13, A 1) d) (4) & (5) be added to read:
(4) Knowingly sending communications which is misleading and/or factually
incorrect information, that could negatively influence an order of a MOPH
officer or the vote of any of the voting bodies within the Order.
(5) Sending communications which slander or libel another Patriot(s) of the Order.
Submitted by: Bylaws Committee
Bylaws Committee’s
Recommendation: Convention Action:
6
RESOLUTION: 2017 ~ 5 ARTICLE XI, Sections 1, 2, 3 COMMITTEE: Bylaws
RE: Change to ARTICLE XI, Section 1, E5
Change to ARTICLE XI, Section 3, E
Change to ARTICLE XI, Section 2, F
Change to ARTICLE XI, Section 2, F & G
WHEREAS: Article XI Section 1, E says:
5. A National Bylaws Committee of nine members will be appointed by the National
Commander.
a). The National Junior Vice Commander will service as the chairman., and
WHEREAS: Article XI Section 3E says the Junior Vice Commander:
Will serve as the chairman of the National Bylaws Committee…, and therefore, be
it,
RESOLVED: That Article XI Section 1, E 5 a) be changed to read:
The National Commander will appoint either the National Senior, National Junior Vice
Commander, or one of the six Region Commanders to serve as the chairman, and be
it further
RESOLVED: That Article XI Section 3E be changed by deleting the first word:
“Will” and substituting the word “May” and be it further
RESOLVED: That Article XI Section 2 F read:
May serve as the chairman of the National Bylaws Committee, and be it further
RESOLVED: That prior XI Section 2F & G be changed to read: 2G and 2H respectively.
Submitted by: National Bylaws Committee
Bylaws Committee’s
Recommendation: Convention Action:
7
RESOLUTION: 2017 ~ 6 ARTICLE XVIII Dues Section 2 Life Member Rebates COMMITTEE: Bylaws
RE: Change to ARTICLE XIII Dues, Section 2 Life Member Rebates
WHEREAS: The per capita payment based on a previous National Convention vote is 50% to the Departments and 50% percent to the chapters, and
WHEREAS: When this disbursement split was approved, the National Headquarters had sufficient funding from the Foundation, and
WHEREAS: The proposed funding disbursement for the FY 2017/2019 will be almost five times the amount disbursed last year which means Department and Chapter will receive a windfall amount, and
WHEREAS: The National Headquarters continues to struggle with dimished funding from the Foundation and has many requirements that will go unfunded and all hourly employees have not had a pay raise in a number of years and our NSO program is underfunded, and
WHEREAS: It has been said that God helps those who help themselves and since a portion of the disbursement could again be given to National Headquarters without affecting the Departments and Chapters, therefore be it
RESOLVED: That in Article XIII ~ Dues, Section 2 The per capita payment shall be changed to: 40% to Departments, 40% to Chapters and 20% to the National Headquarters.
Submitted by: National Bylaws Committee
Bylaws Committee’s
Recommendation: Convention Action:
8
RESOLUTION: 2017 ~ 7 ARTICLE XI Section 4 Region Commanders COMMITTEE: Bylaws
RE: Change to ARTICLE XI Section 4 Region Commanders
WHEREAS: Article XI Duties of National Officers, Section 4 Region Commanders: Lists
the duties and responsibilities of Region Officers but does not state a
residency requirement, and
WHEREAS: Article X National Officers, Section 1 Eligibility states: All active members
of the Military Order of the Purple Heart of the U.S.A., Inc., in good
standing, shall be eligible for any National Office except as otherwise
restricted herein, but does not restrict a Region Commander from living
outside his/her Region, therefore, be it,
RESOLVED: That Article XI Section 4 and/or Article X Section 1 shall be amended to
state that “a Patriot shall reside within the geographical boundaries of the Region in which
he or she is elected Region Commander. Should a Region Commander move outside his/her
Region geographical boundaries, he/she shall vacate the position.”
Submitted by: Department of Arkansas Signed: Charles W. Adkins, Jr (Department Commander)
Bylaws Committee’s
Recommendation: Convention Action:
9
RESOLUTION: 2017 ~ 8 ARTICLE XVIII Section 2, C ~ Chapter election dates COMMITTEE: Bylaws
RE: Change to ARTICLE VII Departments, Section 9 Removals
WHEREAS: Article VII, Section 9 Removals currently states: “that any Department officer who
misses three meetings of the constituent body of which he is an officer may have his office
declared vacant by order of the Department Executive Committee unless a legitimate excuse
can be made for each absence. When so removed, he shall have the privilege of an appeal to
the National Executive Committee to be taken within 60 days of the date of the order declaring
such office vacant”, and
WHEREAS: There is no language within the MOPH Constitution and by Laws that
addresses the absences of, or provides a definition of “in good standing”
for, a Past Department Commander that misses three or more consecutive
Department Conventions, therefore, be it,
RESOLVED: That the following paragraph shall be added to Section 9:
B. Any Past Department Commander who misses three or more consecutive meetings of
the constituent body of the Department of which he/she is a member, shall be declared
not in good standing, the position considered vacant or removed from active status by
order of the Department Executive Committee, and therefore unable to participate in
Department Executive Committee business and ballots unless a legitimate excuse can
be made for each absence. When so removed, he/she shall have the privilege of an
appeal to the National Executive Committee to be taken within 60 days of the date of
the order declaring his/her position as a Past Department Commander vacant or
removed from active status.
Submitted by: Department of Arkansas
Signed: Charles W. Adkins, Jr (Department Commander)
Bylaws Committee’s
Recommendation: Convention Action:
10
RESOLUTION: 2017 ~ 9 ARTICLE XII National Committees Section I NEC COMMITTEE: Bylaws
RE: Change to ARTICLE XII National Committees Section I NEC
WHEREAS: Article XII, Section I National Executive Committee currently states:
A. Consist of the National Commander, PNC in good standing, Senior Vice-Commander,
Junior Vice-Commander, six Region Commanders, National Finance Officer, National
Judge Advocate, National Inspector, National Sergeant-at-Arms, Department
Commanders and the National Finance Officer and National Publication
Committeemen, all with votes; and the National Adjutant, National Service Director,
National Legislative Director, National Welfare Officer, National Historian, National
Chaplain, National Americanism Officer, National Public Relations Director, National
Surgeon, VAVS Director and Director of Women Veterans’ Issues -- without votes, and
WHEREAS: There is no language within the MOPH Constitution and by Laws that
addresses the absences of, or provides a definition of “in good standing”
for, a Past National Commander that misses three or more consecutive
meetings of the National Executive Committee, to include National
Conventions, therefore, be it,
RESOLVED: That the following paragraph shall be added to Section I:
B. Any Past National Commander who misses three or more consecutive meetings of the
National Executive Committee, to include National Conventions, shall be declared not
in good standing, the position considered vacant or removed from active status by
order of the National Commander, and therefore unable to participate in National
Executive Committee business and ballots unless a legitimate excuse can be made for
each absence. When so removed, he/she shall have the privilege of an appeal to the
National Executive Committee to be taken within 60 days of the date of the order
declaring his/her position as a Past National Commander vacant or removed from
active status.
Submitted by: Department of Arkansas
Signed: Charles W. Adkins, Jr (Department Commander)
Bylaws Committee’s
Recommendation: Convention Action:
11
RESOLUTION: 2017 ~ 10 ARTICLE XVI – LADIES AUXILIARY COMMITTEE: Bylaws
RE: Change to ARTICLE XVI – LADIES AUXILIARY
WHEREAS: The Ladies Auxiliary by name and bylaws restricts membership to only
female spouses, and
WHEREAS: There are 12 references to the word “Ladies” in Article XVI, and
WHEREAS: There are well over 100 female members of the Military Order of the Purple
Heart, and
WHEREAS: A significant number of the female Patriots are married, and
WHEREAS: The only membership option for these males is as non-voting Associate
Members of the MOPH, and
WHEREAS: The female spouses of male Patriots have two options —Associate Member
of the MOPH and full membership with voting privileges as Ladies Auxiliary
Military Order Purple Heart, and
WHEREAS: This deprives male spouse of Patriot to have a full membership in either
organization, and
WHEREAS: This is gender discrimination, therefore, be it,
RESOLVED: That Article XVI be changed to allow male spouses of Patriots to become
members of an Auxiliary of the Military Order of the Purple Heart by
deleting all references to “Ladies” in this article, and be it further
RESOLVED: That the Ladies Auxiliary Military Order Purple Heart Constitution be
changed to drop the word “Ladies” from all references to the Auxiliary.
Submitted by: Department of California
Bylaws Committee’s
Recommendation: Convention Action:
12
RESOLUTION: 2017 ~ 11 ARTICLE XV Section 13, I COMMITTEE: Bylaws
RE: Change to ARTICLE XV Section 13, I
WHEREAS: Article XV, Section 13, I, Outlines the procedures for the expulsion of a
member, and
WHEREAS: This is one of the most extreme measures of disciplinary action the National
Executive Committee (NEC) can vote, and
WHEREAS: Article XV, Section 14, D, 3, which covers a lesser punishment of removing
an elected officer requires a three-fourths (3/4) majority vote, and
WHEREAS: An extreme disciplinary punishment should require a super majority vote
from the NEC, therefore be it resolved
RESOLVED: That Article XV, Section 13, I, should be replaced with the following:
SECTION 13: DISCIPLINE, TRANSFER, and EXPULSION of MEMBERS
I. All recommendations for expulsion will be reviewed by the National
Commander unless he/she is the originator of the charges. Then it will pass
to the Senior Vice-Commander, who will not consult with the National
Commander before making the decision.
1. If the Commander affirms the decision for expulsion, the National
Adjutant will be notified 2. The National Adjutant will seek the approval of the NEC by sending
the final decision by digital voting within fifteen (15) calendar days
of the date of the Commander’s approval of the expulsion. 3. If the NEC meeting before the national convention is thirty (30)
calendar days or less in the future, the approval of the NEC will be
docketed for this scheduled meeting. 4. A super majority of three-fourths (3/4) of all members eligible to vote is
required for the expulsion of a member.
Submitted by: Department of Georgia
Bylaws Committee’s
Recommendation: Convention Action:
13
RESOLUTION: 2017 ~ 12 ARTICLE XI, SECTION 5 COMMITTEE: Bylaws
RE: ARTICLE XI - DUTIES OF NATIONAL OFFICERS SECTION 5 – NATIONAL ADJUTANT
WHEREAS: The MOPH is a highly regarded Veterans Service Organization, Chartered by Congress, with a national and international reputation and reach, and
WHEREAS: The Annual Budget for the MOPH often exceeds $ 8,000,000, and
WHEREAS: Many Veteran Service Organization of similar size and composition have evolved into more complex business models in order to meet the goals and aspirations of their Membership, increase their public awareness, expand their “voice” as applicable to internal and external Veteran focused programs throughout the Veteran community, and
WHEREAS: The stated responsibilities of the National Adjutant as the Executive Secretary of the Order no longer conveys to the Membership nor to the outside Business Interests, Federal and State Government Agencies and other similar VSO’s the full range of charges, duties, financial acumen and public presence required in the position and now in evidence, and
WHEREAS: The vast majority of outside Business, Government and Veteran Agencies, to include the U.S. Department of Veterans Affairs, are no longer familiar nor comfortable with the term “Adjutant” or “National Adjutant”,
RESOLVED: That ARTICLE XI, Section 5 be revised to read “Executive Director, MOPH” and that the title “National Adjutant” be corrected throughout the Bylaws, and in all instances, to read “Executive Director”.
Submitted by: Department of Nevada
Bylaws Committee’s
Recommendation: Convention Action:
14
RESOLUTION: 2017: 13 ARTICLE III ~ Chapters Section 4 BCOMMITTEE: Bylaws
RE: Change to ARTICLE III ~ Chapters Section 4 B
WHEREAS: ARTICLE III ~ Chapters Section 4 B says “Elections must be held in face to face meeting, and
WHEREAS: Some northern states have members who live some distance from the chapter meeting locations, and
WHEREAS: There are times when severe weather conditions force the cancellation of chapter meeting, therefore, be it,
RESOLVED: That ARTICLE III ~ Chapters Section 4 B changed to add:
Elections must be held in face to face meeting. Elections maybe held by digital means in instances when normal meetings cannot be held because of inclement climatic conditions or inability of a quorum to make a face to face meeting.
Submitted by: Department of Florida
Bylaws Committee’s Recommendation: Convention Action:
15
RESOLUTION: 2017 ~ 14 Change to Article II, Section 2
WHEREAS: 36 United States Code Section 140503 and MOPH Bylaws Article II Section 2 requires that members of MOPH must be of good moral character, and WHEREAS: Membership application forms do not presently require applicants to disclose past conviction of a disqualifying crime (theft or other crime of moral turpitude) as stated in MOPH Bylaws Article XV Section 13.A.5, and WHEREAS: MOPH Bylaws Article II Section 5 does not describe a process for how an active member in good standing is to assess a MOPH applicant’s character to ensure they meet the good moral character requirement, and WHEREAS: Cases where existing MOPH members are found to have criminal backgrounds that would have disqualified them from MOPH membership are particularly disruptive and lengthy to resolve unless the member voluntarily resigns from the Order, and WHEREAS: Cases where MOPH members convicted of moral turpitude crimes (such as sexual assault on a child) pose tremendous risk to MOPH should a crime occur while the member is representing MOPH (such as at a school function), and WHEREAS: MOPH National Headquarters’ fiscal constraints and the lengthy, costly process of performing background checks on all MOPH applicants is unpractical and inefficient, and WHEREAS: Requiring applicants to self-identify conviction of theft or crime of moral turpitude would allow MOPH National Headquarters to ensure applicants meet the criteria of good moral character, and WHEREAS: Applicants who fail to disclose disqualifying criminal history can be expelled immediately from MOPH based on a fraudulent application, therefore, be it, RESOLVED: That the MOPH Membership Application form be revised to require applicants to disclose criminal convictions (date and crime) and that Article II Section 1 be changed to read: C. Where an application for active membership is made to the National Adjutant, and the applicant has disclosed a criminal conviction that disqualifies the applicant from membership under the good moral character requirement, the applicant will be rejected as described in Section 7 of this Article. Submitted by: Departmen t of Colorado
Bylaws Committee’s Recommendation:
Convention Action:
16
RESOLUTION NO: 2017-15 COMMITTEE: Constitution & Bylaws
RE: Article XII: National Committees, Section 5: Investment Committee
Whereas as specific certifications are required for MOPH National Officers such as the Judge Advocate (active licensed attorney), Chaplain (ordained minister), and Surgeon (licensed medical doctor), should not then the Chairman/Chairwoman of the Investment Committee also have specific certifications to hold the position? Examples of certifications are: Registered Investment Advisor (RIA); Certified Financial Planner (CFP); Chartered Financial Analyst (ChFA); Certified Insurance Counselor (CIC); Chartered Financial Counselor (ChFC); or Personal Financial Specialist (PFS).
Whereas having a licensed/certified individual as a chairman/chairwoman ensures a fiduciary standard of care as required by the US Investment Advisers Act of 1940. This standard serves in the Order’s best interests with the intent to eliminate, or at least to expose, all potential conflicts of interest which might incline an investment adviser/committee chairperson—consciously or unconsciously—to render advice which was not in the best interest of the Order.
Whereas to assist the Order in compliance with fiduciary standards by investment advisers and their personnel, on August 31, 2004, the Security Exchange Commission (SEC) adopted Rule 204A-1 under the Investment Advisers Act of 1940 requiring investment advisers to adopt a code of ethics setting forth "standards of conduct expected of investment advisory personnel and to address conflicts that arise from personal trading by investment advisory personnel. Among other things, the rule requires investment advisers' supervised persons to report their personal securities transactions
Resolved that is it recommended that at least one of the specific certifications referenced above be required for the Investment Committee Chair and, to the extent possible, members of the Investment Committee. Submitted by: Department of ____Arkansas______________ Signed: ______ Charles W. Adkins, Jr __ Date: _______19 April 2017____
Department Commander
Convention Action: Committee’s Recommendation:
17