PREAMBLE
The
War Between the States produced some of the most
outstanding civil and military leaders in the history of
mankind. To perpetuate the idealism that animated the
Confederate Cause and to honor the courage, devotion and
endurance of those who dedicated their lives and services
during four years of devastating war, and who, throughout
the dreadful decade of reconstruction, labored heroically
for the restoration of self-government as the most
precious heritage of the American Revolution, male
descendants of the officers who honorably served in the
Army, Navy and other commands of the Confederate Executive
and Legislative branches of government unite to establish
the South Carolina Society, Military Order of the Stars
and Bars, a patriotic society.
ARTICLE
I
Name and Authority
Section
1. The name of this organization shall be South
Carolina Society, The Military Order of the Stars and
Bars.
Section
2. The Military Order of the Stars and Bars (the
“General Society”) is a non-profit 501(c)-3
corporation, originally incorporated under the laws of the
State of Mississippi, with principal offices currently at
the International Headquarters at “Elm Springs,” in
Columbia, Tennessee.
Section
3. The South Carolina Society, The Military Order of
the Stars and Bars (the “State Society”) is a
non-profit 501(c)-3 corporation, incorporated under the
laws of the State of South Carolina, with principal
offices in the residence of the State Society commander
until such time as a permanent Headquarters is established
by the State convention, pursuant to Article XIX.
Section
4. Both this Constitution and the State Society are
established pursuant to authority given in the
Constitution of the General Society. In the event of any
conflict between the constitution or By-laws of the
General Society, and this constitution, the former shall
control.
ARTICLE
II
Nature and Purpose
Section
1. The South Carolina Society, Military Order of the
Stars and Bars, (hereinafter referred to as the South
Carolina Society), is a part of the National confederation
known as the Military Order of the Stars and Bars, and, as
such, is subject to the National Constitution, By-Laws,
and other regulations of that organization. It is also,
according to the provisions of that Constitution, a part
of the Army of Northern Virginia Department, Military
Order of the Stars and Bars.
Section
2. The South Carolina Society is a literary,
historical, genealogical, benevolent, patriotic,
educational, and non-political organization. Each member
shall perform his full duty as a citizen of the United
States according to his own conscience and understanding.
The membership of the South Carolina Society of the
Military Order of the Stars and Bars shall strive:
a.
To cultivate the ties of friendship among descendants of
those who shared the responsibilities of Southern
leadership in The War Between the States.
b. To provide leadership in the collecting and assembling
of data, documents and material relating to the
Confederacy; however, the organization shall also preserve
the history of the Colonial and Federal periods of our
history, since the antecedents of The War Between the
States are to be found in these periods.
c. To provide groundwork for future generations of the
descendants of Confederate officers and civilian officials
in the Executive and Legislative branches of government by
establishing an organization to commemorate and honor the
leadership of their forefathers.
d. To consecrate in our hearts the Flags of the Southern
Confederacy, not as political symbols, but as emblems of a
heroic epoch, honored banners for which our forefathers
fought and died.
e. To maintain a united front against doctrines subversive
to the fundamental principles set forth in the Bill of
Rights which, as a part of the Federal Constitution,
guarantees freedom of speech and the press, together with
all other rights and privileges therein provided for the
protection of political minorities and of individual
citizens.
f. To encourage and support true loyalty to the
Constitution of the United States of America.
Section
3. Discussions of matters that appertain to a
political party, either specific or implied, during
meetings of the South Carolina Society, or any of its
subdivisions are strictly prohibited. Nothing in this
Constitution, however, shall be construed to abridge or
prohibit the adoption or advocacy of positions that are
concerned with the general welfare of the United States or
its National security; nor to abridge or prohibit the
expression of views of the membership of the South
Carolina Society in such matters by the adoption of
resolutions or by petitioning the Executive and
Legislative Branches of the government at any level;
provided that there is no identification, specific or
implied, with any political party or any candidate for
political office.
ARTICLE
III
Organization
Section
1. The constituted and subordinate bodies of the South
Carolina Society shall be organizations known as Chapters.
Each Chapter is to have a name, as selected by the members
thereof. Chapters are local organizations of members and
are the basic organized unit of representation in the
South Carolina Society.
ARTICLE
IV
Membership and Eligibility
Section
1. Membership within the Society is restricted to all
male descendants, lineal or collateral, of those who
served as officers in the Confederate Army or Navy to the
end of the war, or who died in prison or while in actual
service, or who were killed in battle or who were
honorably retired or discharged, and descendants of
elected or appointed officials. Descendants of the
Legislative or Executive branch of the Confederate
national and state civil government shall also be eligible
for membership in the State Society. No member under
sixteen (16) years of age shall have the right to vote and
further provided no member shall be admitted less than
twelve (12) years of age.
Section
2. The term “collateral” as used in Section 1
hereof shall be defined as a legitimate relative by blood
whose relationship to an ancestor of the same generation
in the applicant’s direct line can be proven.
Section
3. Notwithstanding anything in this Article IV to the
contrary, applicants must be members in good standing in
the General Society. Continuing membership in the State
Society depends upon continuing membership in the General
Society.
ARTICLE
V
Society Officers
Section
1. At each Society Convention held in a year the date
of which is an even number, the Convention shall elect a
Society Commander, a Society Lieutenant Commander, and a
Society Adjutant. These officers shall be elected for a
term of two years. The Society Commander and the Society
Lieutenant Commander may not succeed themselves in the
same office to which they are elected more than one
additional term, except as set forth in Section 2 of this
Article.
Section
2. In the event of the death, resignation, or removal
from office of the Society Commander, the Society
Lieutenant Commander shall become the Society Commander.
In such an event, the provisions of Section 1 of this
article with relation to succession shall not apply and
the compatriot holding office as Society Commander may be
elected to two full terms as Society Commander by the
Society Convention.
Section
3. In the event of a vacancy in the office of the
Society Lieutenant Commander for any reason other than the
expiration of the term of the incumbent, a Society
Lieutenant Commander shall be elected by the Society
Executive Council to fill the remainder of the unexpired
term.
Section
4. All elected officers of the South Carolina Society
shall serve until adjournment of the Society Convention at
which their terms expire, and after their election shall
discharge every function of their offices and of the
Society Convention.
Section
5. The Commander may divide the state into
administrative districts to be called Brigades, whenever
the State Society's number of chapters warrants such a
division. Each Brigade shall then elect a Brigade
Commander to serve a two-year term for their Brigade.
Brigade Commanders shall serve on the Executive Council as
voting members, and they shall be counted for the purpose
of establishing a quorum.
Section 6. The Society Commander shall appoint such
other Society officers, as he may deem expedient and
necessary for the administration of the South Carolina
Society. Such officers shall serve at the pleasure of the
Society Commander, and their appointment shall expire at
the time and date of the expiration of office of the
Society Commander who appointed them. The Society
Commander may remove any appointed officer at his
discretion, for the betterment of the Society. These
appointed officers may be reappointed at the pleasure of
the succeeding Society Commander.
Section 7. Officers elected at Society Convention
shall take office immediately at the close of the
Convention.
ARTICLE
VI
Duties of Officers
Section
1. In addition to the duties specified in the
following Sections of this Article V, the State Society
officers shall have such duties as usually appertain to
their offices and such other duties as may be delegated to
them by the State Convention or the State Society
Commander.
Section
2. The State Society Commander shall be the executive
head of the State Society with full powers to enforce the
provisions of this Constitution and the will of the State
Convention. He shall preside as Chair at the State
Convention and be chairman of the State Society Executive
Council and ex-officio member of all committees. He shall
be empowered to act for the good of the State Society as
circumstances in his judgment require in cases not
provided for by the Constitution, subject in all such
decisions and acts to appeal to the State Convention.
Section
3. The State Society Lieutenant Commander shall seek
in every way to promote the interests and activities of
the State Society, encourage the enrollment of new members
and act in the absence of the State Society Commander on
proper occasions, but at all times under his direction and
control.
Section
4. The State Society Adjutant shall be charged with
the administration of the policies and mandates of the
State Convention, the State Society Executive Council, and
the State Society Commander. He shall keep a record of all
the proceedings of the State Conventions, standing
committees and the State Society Executive Council. He
shall also have the care and custody of all records and
papers of the State Society Executive Council and of all
records and papers of the State Society and shall issue
the necessary orders under the State Society Commander. He
shall collect and be the custodian of the funds and
property of the State Society, shall sign all checks
disbursing its funds and, with the approval of the State
Convention, shall invest and reinvest the same. He shall
make a report to each State Convention showing the work
performed by his office.
Section
5. The State Society Chief of Staff shall be
responsible for carrying out the orders of the State
Society Commander, for supervising the organization and
proper functioning of the State Society, as well, as
coordinating the work of the Society Staff. He shall,
under the direction of the State Society Commander, issue
general and special orders and instructions as required.
At each State Convention, he shall make an annual report
on the condition and functioning of the State Society
together with such recommendations, as he may deem proper.
Section
6. The State Society Genealogist shall examine and
verify all applications for membership within the Society.
The Society Genealogist shall then transmit all approved
applications to the Genealogist General.
Section
7. The State Society Historian shall collect from year
to year all records and data of value and interest
relating to the State Society or its members and shall
compile during his term of office a complete record of the
year’s State Society activities.
Section
8. The State Society Judge Advocate shall be a learned
member of the South Carolina bar and shall advise the
State Society Officers and Executive Council on all legal
matters including the construction and interpretation of
this Constitution and shall act as parliamentarian at
State Conventions.
Section
9. The Society Chaplain should be a regularly ordained
member of the ministry and shall open and close all
meetings of the State Society with the services usual and
proper on such occasions and perform such divine and
nonsectarian services as may be necessary in connection
with his office.
Section
10. The State Society Inspector shall have charge of
all investigations ordered for infractions of this
Constitution or other State Society rules and regulations
by individual members, Chapters or Staff members. All
investigation of charges shall be initiated by the State
Society Commander.
Section
11. The State Society Quartermaster shall set
standards and establish the requirements for the
accommodations of State Society headquarters at the State
Society Convention. He shall advise and consult with the
Commander of the host Chapter(s) with regard to the
satisfactory completion of the arrangements.
Section
12. The State Society Webmaster shall maintain the
State Society computer website and will consult with
Society and Chapter officers to maintain current
information and forms on that website.
Section
13. The State Society Color Sergeant shall maintain in
good condition, the State Society Colors along with any
other flags that are placed in his charge. The Color
Sergeant will see that the Society’s Colors are present
at all State Society sponsored events. He will also see
that the State Society Colors are presented at the South
Carolina Sons of Confederate Veterans, State Conventions.
ARTICLE
VII
Nominations
Section
1. Prior to the business session of each State
convention at which officers are to be elected, the
incumbent State Society Commander shall appoint a
Nominating Committee composed of five (5) members in good
standing. The Nominating Committee shall be chaired by a
past State Society Commander in good standing, with two
(2) members being chosen from the incumbent Executive
Council members and two (2) members from the State Society
at large who are not incumbent Executive Council members.
Section
2. If no past State Society Commander is available,
the incumbent State Society Commander may appoint any
member in good standing of the State Society to act as
chairman of the Nominating Committee.
Section
3. The Nominating Committee shall interview all
candidates under consideration for the post of State
Society Commander, Lieutenant commander, and Adjutant. The
Nominating Committee shall determine from this conference
the willingness and eligibility of the candidates to
serve. Each candidate shall present an affidavit from his
Chapter Adjutant that he is a member in good standing. Any
nominee presented to the Delegates at the State Convention
as the choice of the Nominating Committee must have
received the vote of a majority of the members of the
Nominating Committee.
Section
4. Nominations from the floor can be taken for the
election of State Society Commander and Lieutenant
Commander.
ARTICLE
VIII
The Society Executive Council
Section
1. The State Society Executive Council shall advise
and consult with the State Society Commander as he may
desire, have the duties and authority provided in this
Constitution and such other duties and authority as the
State Society Commander may direct (within the scope of
his own authority).
Section
2. The State Society Executive Council shall have the
power and authority to call a special State Convention,
provided that thirty (30) days notice stating the reasons
for calling same is given to each Chapter.
Section
3. The State Society Executive Council shall consist
of the Society Commander, the Lieutenant Commander, the
Chief of Staff, the Adjutant, the Judge Advocate, the
Chapter Commanders, or the Chapter’s Commander
representative, and all Past Society Commanders. However,
only the two (2) Immediate Past Society Commanders shall
be included in the determination of what constitutes a
quorum of the Executive Council, and have a vote. A quorum
will consist of 51% of the voting members of the Executive
Council.
Section
4. All questions effecting the election, eligibility,
and conduct of State Society and Chapter officers, except
as otherwise provided, shall be referred to, and
determined by the General Executive Council of the General
Society.
Section
5. A majority of the voting members shall constitute a
quorum of the State Society Executive Council. Members may
vote by mail at the discretion of the State Society
Commander; however, a vote by mail may not be used to make
up a quorum. Except as otherwise required by this
Constitution, all matters to be determined by the State
Society Executive Council shall be determined by a
majority, of those voting, provided those voting
constitute a quorum.
Section
6. Society Executive Council meetings shall be held at
least twice per fiscal year.
Section
7. No member of the South Carolina Society, other than
the Commander will speak for or on behalf of the Society
without the consent of the Society Commander, or the
Society Executive Council, or the Society Convention.
ARTICLE
IX
Committees
The
State Society Commander shall as he deems advisable
appoint all Committees referred to in this Constitution
and shall appoint such other committees, as he may deem
advisable. All committees shall present a written report
of their activities to the Society Commander thirty (30)
days prior to the Society Convention.
ARTICLE
X
Chapters
Section
1. The State Society shall be divided into local units
to be known as Chapters, which shall consist of at least
five members. Application to form a Chapter shall be
submitted to the State Society Commander accompanied by a
charter fee and dues for each member as required. Upon
approval, the State Society Commander shall forward the
application to the Adjutant General of the General Society
for final approval and issuance of the Chapter’s
charter. In the event that there are applications for
membership to be included with the Charter Application,
the Genealogist General must first pass his approval on
the applicants.
Section
2. Each Chapter shall elect a Commander, a Lieutenant
Commander, and an Adjutant. Additional officers may be
appointed by the Commander.
Section
3. Each Chapter shall have the power to adopt rules
and regulations for its own government, which shall not be
in conflict with the Constitution and Bylaws of the
General Society, this Constitution, or any rules and
regulations duly enacted by the General Society or the
State Convention.
Section
4. Each Chapter shall:
a.
Notify immediately the Adjutant General of the General
Society and the State Society Adjutant of the election and
appointment of all Chapter officers.
b. Promptly notify the Chaplain General and
Commander-in-Chief of the General Society and the State
Society Commander of the death of any member.
c. Pay to the Adjutant General of the General Society and
the State Society Adjutant not later than the thirty-first
(31st) day of December of each year the annual dues of
every member carried on the rolls levied by the State
Society, except that the dues of new members shall be
remitted within 10 days after the member joins the
Chapter.
d. Submit the required annual reports and other data as
specified in this Constitution, as well as all reports
specified in the Constitution of the General Society.
e. Comply with all other duties that may be placed upon it
in or pursuant to the Constitution or Bylaws of the
General Society or this Constitution.
Section
5. No Chapter shall take part or vote in the General
Convention of the General Society or the State Society
Convention unless such Chapter has paid the dues required
by the General Society and the dues required by the State
Society.
Section
6. No Chapter shall be permitted to withdraw from the
State Society and continue its activities as a separate
Chapter representing The Military Order of the Stars and
Bars.
ARTICLE
XI
State Convention
Section
1. The legislative power of the State Society shall be
the State Convention.
a.
The annual State Convention shall be held each year at a
time and place to be selected by majority vote of the
annual State Convention the year preceding the annual
State Convention for which the time and place is being
determined.
b. In the event that the annual State Convention is unable
or fails to fix the time and place for the subsequent
annual State Convention, or it becomes necessary to change
the time and place previously selected for the annual
State Convention, such decision or change may be made by
majority vote of the Executive Council with a quorum
present.
c. Notice of each annual State Convention shall be sent to
all Chapters at least 30 days prior to the date it
convenes.
Section
2. Special State Conventions may be called by the
State Society Executive Council or by a majority of all
the Chapter Commanders, provided in either case written
notice stating the matters to be considered is given to
each Chapter and to each State Society Executive Council
member at least 30 days prior to the date the special
State Convention convenes.
ARTICLE
XII
State Convention Delegates and
Voting
Section
1. Chapters shall be represented at the annual State
Society Convention by delegates chosen by the Chapter
membership. Each Chapter shall be granted one delegate for
every five active members or major fraction thereof in
good standing in the Chapter, provided however, that every
Chapter in good standing shall be entitled to at least two
delegates.
Section
2. In all questions submitted to the General
Convention, the Chair shall put the question for a voice
vote. On motion of at least one-third of the Delegates
present and voting, each Delegate having one vote, the
Chapters shall be called in order, the number of votes
each is entitled to as stated and the vote on the question
announced by the Chairman of each Delegation. Election of
officers may be conducted by secret written ballot on
motion of at least one-third of the Delegates present and
voting, each Delegate having one vote.
a. Each Chapter in roll call or ballot voting shall be
entitled to cast the number of votes equal to the number
of delegates to which it is entitled. In the event that
all of the delegates to which the Chapter is entitled are
not in attendance, the number of votes, which the Chapter
is entitled to cast, shall be prorated among the
Chapter’s delegates present. If only one delegate is
present, the delegate shall be entitled to cast the total
number of votes to which his Chapter is entitled. If no
Delegate from a Chapter is present for a vote, the
Chapter’s votes shall not be cast.
b. The State Society shall have two votes. The votes shall
be cast by the State Society Commander or his designee.
Section
3. In order for the State Convention to act, there
must be present at least a quorum. A quorum shall consist
of Delegates who are entitled to cast under Section 2 of
this Article XII, totaling at least one-third of the total
number of votes that could be cast under such Section if
all Chapters were represented by Delegates present. All
matters to be decided by ballot voting shall be decided by
a majority vote (provided such a quorum is present),
except as otherwise provided in this Constitution.
Section
4. Each past State Society Commander and each
incumbent State Society Officer who is a member of the
State Society Executive Council shall be entitled to
participate at the State Society Convention the same as if
he was a Delegate, provided he is then in good standing in
the State Society. In all matters to be decided by ballot
voting in the manner provided in Section 2 of this Article
XII, each such past State Society Commander, and each such
incumbent South Carolina Society Officer, who is present
shall have one vote.
ARTICLE XIII
State Convention Resolutions and
Amendments
Section
1. All resolutions adopted by the Society or
Amendments to this Constitution must be enacted by the
South Carolina Society Convention.
Section
2. At each South Carolina Convention the State Society
Adjutant shall submit a Book of Resolutions for
consideration. To be included in the Book of Resolutions,
a resolution must first be delivered in typewritten form
to the Adjutant at least 30 days prior to date on which
the State Convention convenes. The Adjutant shall send, in
the manner provided in Article XXVI of this Constitution,
a copy of the Book of Resolutions to each member of the
State Society Executive Council and to each Chapter, no
later than 20 days before the date on which the State
Convention convenes.
Section
3. In order for a resolution or amendment to be
considered by the South Carolina Convention that has not
been submitted to the Adjutant for inclusion in the Book
of Resolutions in the manner required by Section 2 of this
Article XIII, the resolution must first be submitted in
typewritten form to the State Society Adjutant prior to
the State Convention’s commencement of business, with a
sufficient number of copies thereof for every Delegate
present at the State Convention. To be considered, the
resolution must then also be approved for submission to
the State Convention either by the State Convention
Committee on Resolutions and Reference, or by two-thirds
of the votes cast by ballot in the manner provided in
Section 2 of Article XII in a vote at which the quorum
required by Section 3 of such Article is present.
Section
4. A written copy of each resolution or amendment
shall be given to the State Society Adjutant prior to or
immediately following the adoption of the resolution or
the amendment at the South Carolina Convention.
ARTICLE
XIV
General Convention
Section
1. Chapters shall be represented at the annual General
Convention of the General Society by delegates chosen by
the Chapter membership. Each Chapter shall be granted one
delegate for every five active members or major fraction
thereof in good standing in the Chapter, provided however,
that every Chapter in good standing shall be entitled to
at least two delegates.
Section
2. In all questions submitted to the General
Convention, the Chair shall put the question for a voice
vote. On motion of at least one-third of the Delegates
present and voting, each Delegate having one vote, the
Chapters shall be called in order, the number of votes
each is entitled to as stated and the vote on the question
announced by the Chairman of each Delegation. Election of
officers may be conducted by secret written ballot on
motion of at least one-third of the Delegates present and
voting, each Delegate having one vote.
a. Each Chapter in roll call or ballot voting shall be
entitled to cast the number of votes equal to the number
of delegates to which it is entitled. In the event that
all of the delegates to which the Chapter is entitled are
not in attendance, the number of votes, which the Chapter
is entitled to cast, shall be prorated among the
Chapter’s delegates present. If only one delegate is
present, the delegate shall be entitled to cast the total
number of votes to which his Chapter is entitled.
b. The State Society shall have two votes. The votes shall
be cast by the State Society Commander or his designee.
ARTICLE
XV
Annual Reports
Section
1. The Commander of each Chapter shall submit a report
by December 31st of each year (or if an earlier date is
mandated by the General Society for Chapter reports, then
by such earlier date) to the State Society Commander and
to the General Headquarters, Commander General and Chief
of Staff of the General Society.
Section
2. Reports shall include a Chapter roster, a payment
of General Society and State Society dues, if same has not
been previously remitted, the names of members deceased or
dropped from the Chapter rolls since the date of the last
report, and such further information as may be required
from time to time by the General Executive Council of the
General Society or the State Society Commander.
Section
3. The State Society Commander shall submit to the
Army of Northern Virginia Department Commander and to the
General Headquarters of the General Society by such date
mandated by the General Society (or in the absence of such
mandate, by February 15 of each year) a report providing
such information as may be required from time to time by
the General Executive Council of the General Society. The
State Society Commander shall also submit by such date
mandated by the General Society (or in the absence of such
mandate, by February 15 of each year) a status report on
the State Society to the General Headquarters, the
Commander General, and the Chief of Staff of the General
Society.
ARTICLE
XVI
Dues
Section
1. The revenue of the State Society shall be derived
from annual dues and from such other sources as may be
approved by the State Society Executive Council.
Section
2. The annual dues and life membership fees of the
State Society shall be set by the State Society Executive
Council subject to change by the State Convention. The
State Society life membership fee, plus any recording fee
that may be required by the State Society Executive
Council shall accompany applications for State Society
life membership. If the applicant is not elected, his fee
shall be returned.
Section
3. Deadline for payment of annual dues shall be
November 30th of each year.
ARTICLE
XVII
Finance
Section
1. At a meeting of the South Carolina Society
Executive Council to be held within one month following
each State Convention, a proposed operating Budget shall
be presented, considered and approved by the State Society
Executive Council, subject to such modifications as the
State Society Executive Council may deem appropriate.
Section
2. Once the operating Budget provided for in Section 1
of this Article XVII has been adopted, any disbursement in
excess of the amount approved in the operating Budget for
any line item shall be required to be approved by the
South Carolina Society Executive Council.
ARTICLE
XVIII
Membership Applications
Section
1. Application for membership in the General Society
and State Society shall be made in duplicate on forms
provided by the Adjutant General of the General Society.
The application shall be accompanied by such fees as the
General Society and/or the State Society Executive Council
may determine on a general basis.
Section
2. Application shall be made directly to one of the
Chapters or the State Society for assignment to a Chapter.
If an individual does not desire to be a member of the
State Society, he may make application directly to the
Adjutant General of the General Society to be a
member-at-large either on an annual basis or as a life
member.
Section
3. All applications shall bear the signed endorsement
of a member in good standing of the General Society.
Section
4. The State Society Commander shall appoint a State
Society Genealogist who shall examine and verify all
applications for membership in the State Society. The
State Society Genealogist shall be a member in good
standing of the State Society, who is known by the State
Society Commander to have access to a genealogical library
and to the Confederate service records of the State of
South Carolina. In cases where the applicant’s
ancestor’s service was from another State, the State
Society Genealogist shall communicate with and receive
verification of the ancestor’s service from the Society
Genealogist of the State from which the applicant’s
ancestor served. The State Society Genealogist shall,
after examination and verification, transmit all
applications, whether approved or referred for further
examination, to the Genealogist General of the General
Society. The State Society Genealogist will have a period
of (no longer than) thirty days in which to perform his
duties.
Section
5. In cases in which the State Society Genealogist has
failed to approve an application, the Genealogist General
of the General Society shall examine such application and,
together with the Genealogy Committee of the General
Society, shall pass on the application. The decision of
the Genealogy Committee of the General Society shall be
final.
Section
6. In order for an applicant to become a member of a
Chapter within the South Carolina Society, that Chapter
must conduct a vote of acceptance for that applicant. The
applicant may not be present during the actual voting
procedure, and a two-thirds majority of the members
present is required for admission to that Chapter. That
Chapter then assumes responsibility for the honorable
conduct of its new member, should the proceedings outlined
in Article XXI be required. This vote must take place
before an application is submitted to the Society
Genealogist.
Section 7. An application to establish a
supplemental lineage shall be made on forms supplied for
that purpose exclusively by the Adjutant General of the
General Society and shall be subject to the same standard
of proof and review as applications for new membership.
The supplemental application shall be accompanied by such
fees as may be determined by the General Society and/or
the State Society Executive Council on a general basis,
which shall cover the costs of the supplemental line
certificate and processing of the application.
ARTICLE
XIX
Headquarters
Section
1. The State Convention shall designate the permanent
Headquarters of the South Carolina Society. Until a
permanent Headquarters is selected by the State
Convention, the Headquarters shall be the residence of the
South Carolina Society Commander.
Section
2. The Official archives and records of the South
Carolina Society shall be kept at Headquarters and may be
open for the use and inspection of any member at
reasonable times upon reasonable advance notice.
ARTICLE
XX
Resignations
Section
1. Resignations from the State Society shall be
submitted in writing to the State Society Adjutant with
duplicates copies sent to the State Society Commander and
to the applicable Chapter Commander.
Section
2. A member who shall have resigned may, upon
application to the General Society, be restored to
membership in the South Carolina Society by a majority of
the members present and voting at a General Convention of
the General Society.
ARTICLE
XXI
Forfeiture of Membership
Section
1. Any member may be expelled or suspended from the
General Society for cause, such cause being deemed
sufficient by the General Executive Council of the General
Society by a three-fourths affirmative vote of the members
of the General Executive Council present at any regular or
special meeting. Cause for disciplinary action shall
include, but not be limited to (a) disloyalty; (b) neglect
of duty; (c) dishonesty; (d) conduct unbecoming a member
of The Military Order or the Stars and Bars; (e) an act
repugnant to the Constitution of the General Society or
detrimental to the goals and objectives of the General
Society.
Section
2. No vote on suspension or expulsion shall be taken
until at least 30-calendar days notice shall have been
given the member. All charges shall be stated in writing
along with the time and place of the meeting of the
General Executive Council at which the charges shall be
considered. The notice shall be transmitted to the member
by registered mail.
Section
3. The member facing the charges shall be accorded a
full hearing before the General Executive Council. The
General Executive Council shall provide for a true and
accurate recording of all proceedings of such hearings.
Section
4. Charges against any member may be proffered by any
member in good standing. The charges shall be in writing
and clearly state the facts relied upon along with all
affidavits or exhibits, which are to be used in their
support. Such charges shall be filed with the Adjutant
General of the General Society who will immediately notify
the Commander-in-Chief of the General Society. The
Commander-in-Chief shall appoint a committee of three
members, one of whom shall be the Inspector General of the
General Society (or, alternatively, in the case of charges
having been brought against the Inspector General, the
Judge Advocate General of the General Society) who shall
serve as chairman and two members of the General Society.
After proper and thorough investigation of the charges by
the committee, the concurrence of two-thirds of the
committee being necessary, the chairman shall report in
writing to the Commander-in-Chief either that the charges
should be dropped or that sufficient cause exists to have
the charges heard at a called meeting of the General
Executive Council. In the latter event, the
Commander-in-Chief shall schedule a meeting of the General
Executive Council to hear the Charges.
Section
5. The Adjutant General shall give at least 30 days
notice of the meeting to each member of the General
Executive Council and to the plaintiff and the defendant.
If the member charged is an officer, all Chapter and
Society Commanders will be notified of the hearing at
least thirty days prior to the meeting. All notices
regarding the meeting shall be in writing and shall
include a true copy of the charges and of the supporting
affidavits and exhibits.
Section
6. Any member who has been suspended or expelled from
the General Society by the General Executive Council has
the right to appeal the decision to the next annual
meeting of the General Convention the decision of which is
final.
Section
7. Any member expelled or suspended from the General
Society shall be deemed automatically also expelled or
suspended from the South Carolina Society. A member of the
South Carolina Society may not otherwise be expelled or
suspended.
Section
8. Any member who is current with his National Society
dues yet delinquent in his State Society and/or Chapter
dues shall be subject to a transfer to Member-At-Large
status. Thus removing any privileges that he previously
enjoyed as a dues paying member of the State Society.
ARTICLE
XXII
Recall of Officers and Executive
Council Members
Section
1. Any South Carolina Society officer may be removed
from office and any member of the South Carolina Society
Executive Council may be removed from such membership, by
a vote of two—thirds of the votes cast by ballot in the
manner provided in Section 2 of Article XII at a State
Convention at which the quorum required by Section 4 of
such Article is present for the vote. No vote on removal
may be taken unless the officer or member has been sent
notice at least 30 days prior to the date of the vote. The
notice shall specify the alleged grounds for removal along
with the time and place of the vote. At the State
Convention, the officer shall be given a full hearing
before the vote is taken.
Section
2. Nothing in this Article XXII shall be construed to
limit either the right of the State Society Commander to
remove and/or replace State Society officers (other than
the Lieutenant Commander and Adjutant) at will, or the
right of each Chapter to remove and/or replace its
representative to the Executive Council at will.
ARTICLE
XXIII
Seals and Insignia
Section
1. The South Carolina Society may adopt at State
Convention from time to time seals and insignia for use by
the South Carolina Society and its members.
Section
2. The flag of the South Carolina Society shall be the
South Carolina State flag with the seal of the Military
Order of the Stars and Bars, affixed with the designation,
“South Carolina Society” in white lettering.
Section
3. The use of the seals, insignia, diploma, or good
name of the South Carolina Society or General Society for
business, advertising, or political purposes is
prohibited.
ARTICLE
XXIV
Dissolution Clause
In
the event of dissolution, the residual assets of the South
Carolina Society shall be turned over to an organization
which is then officially recognized as a tax exempt
organization, qualified to receive donations which are
deductible by the donor under Section 501(c) (3) of the
Internal Revenue Code of 1986 as amended (or the
corresponding provision of any future United States
Internal Revenue law), as the South Carolina Society
Executive Council shall determine. Such distribution shall
only be made after the Executive Council has paid or has
made adequate provision for the payment of all liabilities
of the South Carolina Society.
ARTICLE
XXV
Rules of Order
Section
1. The rules contained in the then current edition of
Robert’s Rules of Order shall govern the State Society
in the State Convention, the State Society Executive
Council meetings, Chapter meetings, committee meetings,
and in all other cases to which they are applicable, to
the extent they are not inconsistent with this
Constitution and any special rules the State Convention
may adopt.
Section
2. At the State Convention and all other meetings,
each State Society member shall address one another as
compatriot.
ARTICLE
XXVI
Notices
Except
as otherwise provided in this Constitution, all notices
required by this Constitution shall be sent by United
States Postal Service registered or certified mail, return
receipt requested, postage prepaid, and shall be deemed
given, delivered, and received on the date of delivery
shown on the return receipt.
ARTICLE
XXVII
Endowment Fund
Section
1. The State Convention may authorize an Endowment
Fund, which shall be under the direction of the South
Carolina Society Adjutant.
Section
2. A portion not to exceed 50 percent of the earned
interest of the Endowment Fund annually shall be allocated
annually to fund award programs approved by the State
Convention.
Section
3. The remaining 50 percent of the earned interest
income, plus any funds allocated as provided by Section 2
of this Article XXVII but which are not disbursed by the
end of the fiscal year, shall be added to the principal
amount of the Endowment Fund each year following the close
of the State Convention.
ARTICLE
XXVIII
Amendments
No
amendment shall be made to this Constitution except by
affirmative vote of two-thirds of the votes cast by ballot
in the manner provided in Section 2 of Article XIII of
this Constitution at a State Convention at which the
quorum required by Section 4 of said Article XIII is
present for the vote. The amendment must first have been
submitted to the State Society Adjutant for inclusion in
the Book of Resolutions in the manner required by Section
2 of Article XIII of this Constitution.
**********
3rd
Review & Revision 8OCT2004 (JLP)
Amended 16OCT2004(EC Staff)
Revised 30OCT2004 (PCIC R. Brett Bradshaw)
Submitted to EC and Chapter Commanders 30OCT2004
electronically
Revised 31OCT04 (Chapter Cmdr. Steven L. Wolfe)
Submitted to EC and Chapter Commanders 01NOV04
electronically
Final submittal for review & comments to all Chapters
effective 30JAN05
EC Reviewal & approval 19APR05 Columbia, SC
Issued for Society Review & Ratification 23APR05
Formally approved by Col James McCullough, Col Stephen
Jackson, Gen. Maxcy Gregg, & B/G Gabriel & Col
George Rains Chapters. Battle of Dingles Mill & Mathew
C. Butler Chapters Non Reporting.
