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Revised as of July 26, 1998

BY-LAWS

PREAMBLE

We, honorably discharged men and women of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States of America, who served during the Korean War in that period of time hereinafter expressly defined, do unite to establish a permanent organization which shall be known as the "Korean War Veterans of Massachusetts, Inc.

ARTICLE I

HISTORY OF ORGANIZATION AND PURPOSE

On July 12, 1988, the Korean War Veterans of MA, Inc., was duly organized, created and incorporated under Massachusetts law. These BY-LAWS are hereby promulgated in furtherance of its corporate purpose, and to establish and implement its operational corporate organization.

The primary objectives of the corporation are charitable and commemorative, but the purposes of the corporation include historic, patriotic and educational objectives as well. The corporation shall endeavor to preserve and strengthen camaraderie among its members and to perpetuate the memory of all who served, with emphasis on our wounded, our missing in action, and our dead. In all our corporate endeavors, we shall maintain true allegiance to the United States of America, and pay fealty to its laws. The principal office of the corporation shall be located at the State House, Boston, MA. The corporation may have other such offices within Massachusetts, as the membership may determine from time to time.

ARTICLE 11

MEMBERSHIP

Section 1. QUALIFICATION OF MEMBERS.   Membership in this organization shall consist of Regular Members, Associate Members and Honorary Members.

  • REGULAR MEMBERS - Any person who had honorable service in any of the Armed Forces of the United States, said service being within Korea (September 3, 1945 to June 25, 1950), or, within or without Korea (June 25, 1950 to January 31 1955) or, served honorably in Korea from February 1, 1955, shall be eligible for membership. No person shall be excluded from membership because of race, color, creed, sex, national or ethnic origin, sexual orientation, or physical or mental disability, so long as the individual meets the service requirement.
  • ASSOCIATE MEMBERS - Any person with a legitimate interest in the affairs of this organization and who wishes to support its aims, and not being eligible for regular membership, and who agrees to accept the terms and conditions set forth in the by-laws, shall be eligible for Associate Membership.
  • HONORARY MEMBERS - Any person of good character may be elected an Honorary Member, by a 2/3 vote of the body at a regular meeting.
  • MEDAL OF HONOR - Any recipient of the Medal of Honor from Massachusetts, so honored for service in Korea during the Korean War, shall be eligible for Life Membership
  • PRISONER OF WAR - Any person held as a prisoner of war by the North Koreans, Chinese or Russian forces during and after the period of hostilities from June 25, 1950 forward, shall be eligible for Life Membership.
  • UNITED NATIONS COMMAND and KOREAN ARMED FORCES - Any person who served honorably in the Armed Forces of the United Nations Command or in the Republic of Korea Armed Forces during the Korean War Era and thereafter, shall be eligible for membership. 90% of the members shall be United States veteran. Others, can make up the other 10%.
  • GOLD STAR MOTHERS/FATHERS- Any parent whose son/daughter was killed in line of duty, or missing in action, or died as a prisoner of war during the Korean War shall be eligible for Life Membership.
  • GOLD STAR WIVES/HUSBANDS - Any person whose spouse was killed in the line of duty, or missing in action, or died as a prisoner of war during the Korean War shall be eligible for Life Membership.

 

Section 2. INELIGIBILITY - Any person who has been separated from service in the Armed Forces of the United States under conditions other than honorable, and who did not thereafter serve honorably shall be ineligible for membership.

ARTICLE III

CORPORATE OFFICERS

Section 1. OFFICERS TO BE ELECTED

  • President

 

  • 1st Vice President

 

  • 2nd Vice President

 

  • 3rd Vice President

 

  • Treasurer

 

  • Secretary

 

  • Financial Secretary

 

Section 2. OFFICER'S POWERS AND DUTIES

  • PRESIDENT - The President of the corporation shall be the principal officer of the corporation. He shall possess full executive authority of the corporation and have those powers and duties as provided by Massachusetts law. These powers and duties shall include, but not necessarily be limited to:

 

  • Presiding over all business meetings of the corporation.

 

  • Appoint such committees as may be required from time to time, to effect the purposes of the corporation.

 

  • Cause to be selected, replacements for any officer who dies, resigns or is removed as provided for herein and/or in the articles of organization, until the next regular election.

 

  • All documents which shall be signed by the President, except in the case of disbursements by check or withdrawal from funds in an organization account, or in an account managed by it. Such checks or withdrawals will be signed and made by two of the following three people: President, Treasurer or Assistant Treasurer.

 

  • 1stVICE PRESIDENT - The 1st Vice President shall assume the duties of the President, protem, in the event of death, illness or other incapacitation of the President. He shall oversee the Editor of the Morning Calm, shall be the National Scholarship Chairman and coordinate the Tell America program with local schools.
  • 2ndVICE PRESIDENT - Shall assume the duties of the 1st Vice President and/or the President, in the event of death, illness or other incapacity of both. He shall be responsible for establishing and coordinating committee participation in ceremonies, memorial services, collations and banquets, and provide leadership and control over the corporation color guard.
  • 3rdVICE PRESIDENT - Shall be responsible for all fund raising activities, including Poppy Sales in July of each year. He shall assist the President and other Vice Presidents, as needed.
  • TREASURER -Shall be the custodian of the funds for the organization and is responsible for the proper disbursement of funds in his charge. He will insure that proper financial records are kept for expenditures; produce financial reports for business meetings listing all financial disbursements of the previous month; insure that financial records are maintained on a timely basis. All checks to be issued, shall be submitted to the President, or in his absence, to the Assistant Treasurer for his signature. Additionally, he will insure that appropriate financial reports to the state and Federal governments, are submitted as required at the close of the fiscal year. He will insure that the financial records of the organization are examined annually by the Auditor and that the IRS Form 990 is filed in a timely manner, if required. The Treasurer shall be bonded.
  • SECRETARY - Shall be responsible for the management of the day to day business of the organization, and shall perform all administrative duties required by the President. He/she shall be responsible for recording minutes of the meetings of the organization and shall keep the records of the organization. He/she shall maintain communications with the Editor of the Morning Calm, to keep membership informed of all activities through out the year.
  • FINANCIAL SECRETARY - Shall be responsible for collecting dues, monies on behalf of the organization, and making bank deposits. He/she shall submit a copy of all deposit slips to the Treasurer, through the President at the business meeting each month. A monthly report shall be given of the monies received.

 

Section 3. REMOVAL FROM OFFICE - Any elected officer absent from three business meetings without being excused, shall automatically be removed from office. The President shall appoint a new officer to fill the remaining term of office.

Section 4. APPOINTED OFFICERS

  • Chaplain 

 

  • Historian 

 

  • Quartermaster 

 

  • Sergeant at Arms

 

  • Color Sergeant 

 

  • Assistant Treasurer 

 

  • POW/MIA Officer 

 

  • Auditor

 

Section 5. BOARD OF DIRECTORS

  • Chairman - immediate past president

 

  • Directors - all elected officers

 

  • Directors At Large - three (3) to be elected at the election meeting for a three year cycle. The person with the most votes shall serve for three years. The person with the second most votes shall serve for two years, and the person with the 3'd most votes shall serve for one year.

 

ARTICLE IV

COMMITTEES

Section 1. STANDING COMMITTEES - The President on assuming office, shall appoint a chairman of the following standing committees: Auditing, By-laws, Finance, Membership, Memorial and Nominating.

Section 2. SPECIAL COMMITTEES - The President may also appoint a chairman for such other committees as he shall deem necessary.

Section 3. REPORTS OF COMMITTEES - Each committee shall give a report at each monthly meeting (except the Auditing Committee), and at least annually file a written report to be given at the annual business meeting.

Section 4. AUDITING COMMITTEE - The Auditor shall constitute an Auditing Committee, shall hold no other elected office, and shall be skilled in auditing. He shall examine the records of the Treasurer and the Financial Secretary, at the end of the fiscal year and at such other times as the finance Committee may direct. He shall report to the membership in writing, at the next regular meeting, and receive such compensation for services as the Finance Committee may determine as reasonable.

Section 5. BY-LAWS COMMITTEE -'The President shall appoint at least five members to serve for the current year under the title of the "By-laws Committee", to which shall be referred all proposed changes to the by-laws. Said committee shall report to the membership at a regular meeting, of its recommendation regarding the proposed changes, or amendments on which any vote may be taken.

Section 6. FINANCE COMMITTEE - The President shall appoint seven members to the Finance Committee, whose function will be to oversee the raising and expenditure of funds by the Korean War Veterans of MA, Inc.

  • All requests for funds shall be referred to the Finance Committee and its recommendation for payment, shall accompany the motion for said funds when brought before the body.

 

  • All bills for funds expended, shall be referred to the Finance Committee, and if the bills are found to be correct, the committee will recommend to the body that they be paid.

 

  • All ideas relative to raising funds will be referred to the Finance Committee, and its recommendation will accompany the proposal when it is presented on the floor for action.

 

Section 7. MEMBERSHIP COMMITTEE - The Chairman of the Membership Committee shall appoint at least two (2) members from the body to serve on the committee. The duties of the Membership Committee shall include the following:

  • Promote and solicit new members.

 

  • Receive, review and approve all new membership applications.

 

  • Process all new membership applications through the national Korean War Veterans Association, Inc., if said new member is not already a member of that organization.

 

  • Maintain a current list of all paid up members, and to send out notices to all delinquent members.

 

  • Prepare and mail out membership cards to all new members.

 

  • Maintain a Membership Application File at our headquarters.

 

Section 8. MASSACHUSETTS KOREAN WAR VETERANS MEMORIAL COMMITTEE -The Chairman of the Massachusetts Korean War Veterans Memorial Committee shall be appointed by the President. Vacancies on the committee shall be appointed by the President.

Section 9. NOMINATING COMMITTEE - At the April business meeting prior to a scheduled election of officers, the President shall appoint a Nominating Committee consisting of five members. The committee shall prepare a slate, for the annual election of candidates, for election by the membership in the following manner:

  • One candidate for each of the offices of President, IS` Vice president, 2"° Vice President, 3`° Vice President, Secretary, Financial Secretary and Treasurer.

 

  • One or more candidates, for each vacant at-large positions on the Board of Directors.

 

The report of the committee shall be in the hands of the President on or before the regular business meeting one month before the annual business meeting, and he shall cause it to be read at the prior business meeting. Additional nominations may be made from the floor at both the regular meeting and immediately before balloting at the time of the elections.

ARTICLE V

GENERAL REGULATIONS

Section 1. DUES

  • Payment of national and chapter dues, is a condition of initial or continued membership.

 

  • Chapter dues for Regular members shall be ten dollars ($10.00) per year.

 

  • Chapter dues for Associate members shall be ten dollars ($10.00) per year.

 

  • Membership dues relating to any person qualified under Article II, Section 1 C,D,E,G, or H shall be waived.

 

  • Dues are payable January 1 and expire December 31 of the current year.

 

  • All new members joining prior to September 1, shall pay full dues for the current year. Those members who join after September 1st shall be paid up through the following year.

 

  • Chapter Life Membership dues are $100.00 for up to age 65, and $75.00 for over age 65.

 

Section 2. VOTING RIGHTS --

  • Each paid up regular member, in good standing shall be entitled to one vote, under the "one man, one vote" rule.

 

  • All votes shall be settled by a single majority vote except those mentioned elsewhere in the by-laws. Those votes shall require the number of votes therein specified.

 

Section 3. ELECTIONS --

  • Balloting for the election of officers shall be held at the annual meeting.

 

  • The majority vote of members attending the business meeting, shall be required for the election of any nominee.

 

  • Terms of office of the newly elected officers shall begin upon their installation at the Annual Meeting at which they are elected, and run for two years.

 

  • The Annual Meeting shall be held on the fourth Sunday in September each year.

 

Section 4. APPOINTMENTS -- The President shall appoint the committee chairman of all standing committees, and such other officials and committees as he may deem necessary. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, shall be filled by appointment by the President, for the remainder of the term of office.

Section 5. INSTALLATION OF OFFICERS - The elected officers shall be installed as soon after the Annual Business Meeting (in which there is an election) as may be convenient, and shall retain their offices until their successors are installed. The term of other officials and committees shall terminate concurrently with that of the President.

ARTICLE VI

CORPORATION FUNDS

Section 1. LIFE MEMBERSHIP, FUND - All monies received for Life Membership, shall constitute a fund to be designated "The Life Membership Fund". It shall be invested by the Treasurer as directed by the Finance Committee, in such manner as the Finance Committee may consider proper. The income generated from this fund may be appropriated annually for the operating expenses of the corporation. The principal of this account, shall never be expended, except it be appropriated by a three-fourths (3/4) vote of all the members present at a regular meeting. Notice of such intended action must be given to the entire membership of the date, time and place of any meeting, at which such voting may take place.

Section 2. GENERAL FUND - All monies received by the corporation not otherwise appropriated by the by-laws, nor designated for a specific purpose, shall compose a fund from which the expenses of the corporation shall be paid.

Section 3. MASSACHUSETTS KOREAN WAR VETERANS MEMORIAL FUND -

  • All monies received for the Massachusetts Korean War Veterans Memorial, shall be maintained in a special fund account, which is to be monitored by the Massachusetts Korean War Veterans Memorial Committee. The committee will recommend to the body, payment of any necessary expenditures, to either maintain or improve the Massachusetts Korean War Veterans Memorial, located in Shipyard Park, Charlestown Navy Yard, Charlestown, MA. The body will vote on the expenditure of funds and after approval, the committee will oversee the work to be done.

 

  • There shall be established a Special Escrow Memorial Fund account of ten thousand dollars ($10,000.00), which is reserved exclusively for brick maintenance of the Massachusetts Korean War Veterans Memorial "Memorial Walkway". Only the interest on this fund can be expended, and only after approval of the expenditure at a regular monthly business meeting of the Korean War Veterans of MA, Inc.

 

ARTICLE VII

BY-LAWS, RESOLUTIONS AND AMENDMENTS

Section 1. AMENDMENTS -

  • Any proposed amendments or changes in the by-laws, shall first be proposed in writing to the By-Laws Committee.

 

  • The By-Laws Committee shall preview any proposals, and make its recommendation before it is presented to the membership for a vote.

 

  •  The by-laws shall not be altered or amended unless the subject matter of the proposed amendment be first stated in writing and presented at a regular business meeting.

 

  • Thirty days notice of voting on such proposals must be given to the entire membership, of the date, time and place of any meeting at which such voting shall take place.

 

Section 2. RESOLUTIONS -

  • Any active member may propose a resolution for consideration. It must be presented in writing to the President at a regular business meeting. A majority vote by the members present at the meeting shall constitute acceptance and directive for subsequent action and promulgation thereof.

 

Section 3. PUBLICATION OF BY-LAWS -

  •  A copy of the by-laws shall be made available to any member, on application to the Secretary, or mail request to the principal office of the corporation.

 

KWV of MA BY-LAWS

REVISION: July 26, 1998