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CONSTITUTION
OF THE SOCIETY OF THE FIFTH DIVISION, UNITED STATES ARMY
06 September
2009
ARTICLE I.
NAME: The name of this Society shall be, “The
Society of the Fifth Division, United States Army.”
ARTICLE II.
OBJECTS: The Objects of this Society shall be:
A.
To perpetuate and memorialize the valiant acts and patriotic
deeds of the Fifth Division; to electrify and unify that
invisible current of fellowship, friendship and comradeship
moulded in the throes of war and the exigencies of a
peacetime service, and promote the interests and welfare of
its members.
B.
To publish and preserve the history of the accomplishments of
the Fifth Division and the Society, in war and peace, and set
forth the gallant and heroic deeds of its members.
ARTICLE III.
MEMBERSHIP: Membership in this Society shall be of four
kinds: Annual, Associate, Honorary, and Life members.
Membership will be comprised of: (1) members of Local
Camps, and (2) members at large who do not belong to any
Local Camp.
A.
ELIGIBILITY: Those who served honorably as officers and
enlisted men in the Fifth Infantry Division during its
periods of activation are eligible to become members of this
Society.
B.
ANNUAL: An Annual member is one whose dues are fully
paid yearly. Delinquent members will be dropped from
the Society rolls three months after the date of expiration
of dues.
C.
ASSOCIATE: Associate membership in this Society may be
conferred upon any member of a family of a Fifth Division
veteran, or any person who did not serve in the Fifth
Division, but who is interested in the activities of the
Society upon payment of annual dues as required in Section A.
of ARTICLE VI hereof. Associate Members shall not have the
right to vote under Section E. of ARTICLE V hereof. They are
extended the choice of becoming an Annual or Life member.
D.
HONORARY: Honorary membership in this Society may be
conferred upon any individual to whom the membership may wish
to give special recognition or reward, through election by
majority vote of those in attendance at an Annual Meeting.
Honorary members are required to pay dues and are not
entitled to vote: They may also become Annual or Life
members.
E.
LIFE: Any member wishing to become a LIFE member may do
so by paying the following one-time dues: age less than 61,
$150.00; age 61-69, $75.00; age over 70, $50.00. All
LIFE members are subject to any special assessments declared
by the Executive Board or adopted at any meeting.
ARTICLE IV.
LOCAL CAMPS: Inasmuch as members of the Society are
widely scattered throughout the United States, authority is
vested in the Executive Board to organize branches of the
Society to be known as Camps. Because of the greater
benefits to be enjoyed through Camp membership, every Society
member shall be urged by the National President to affiliate
with the Local Camp of his choice.
ARTICLE V.
ORGANIZATION:
A.
OFFICERS: The following National Officers shall be
elected annually for one-year terms:
National
President
National 1st
Vice President
National 2nd
Vice President
National
Secretary
National
Treasurer
National
Historian
National
Chaplain
National
Judge Advocate
National
Editor
And such
Honorary Officers as the Society may authorize
Duties
of National Officers:
1. NATIONAL
PRESIDENT:
The National President (or, in his absence, the National 1st
Vice President, or National 2nd
Vice President) shall preside at the meetings of the
Society. The National President shall be responsible
for the administration of the Society in all functions and
undertakings, in accordance with the policies established by
the Executive Board or the membership in meeting assembled.
The National President shall be the Chairman of the Executive
Board.
2. NATIONAL
1st VICE PRESIDENT:
The National First Vice President shall perform the duties of
the National President in the absence of that official, and
shall serve in any administrative capacity designated by the
National President. In the event of the death,
resignation, or incapacity in other matters of the National
President, the National 1st
Vice President shall succeed to the office of National
President and continue in the office until the next election.
3. NATIONAL
2nd VICE PRESIDENT: The
National Second Vice President shall serve in any
administrative capacity designated by the National President.
In the event of the National First Vice President’s
succession to the National Presidency, the National Second
Vice President shall be termed simply “The National
Vice President.”
4. NATIONAL
SECRETARY:
The National Secretary shall be the Statistical Officer of
the Society, being responsible for keeping complete and
up-to-date files of the names, addresses, and former military
organizations of members of the Society. The National
Secretary shall be responsible for keeping a separate list
showing the members by Camps and the geographical localities
in which they live. The National Secretary shall keep a
list of names and addresses of all parties with whom the
Society deals. The National Secretary shall be
responsible for keeping the minutes of all meetings of the
Society, shall keep a file of all correspondences of the
Society, and shall be responsible that all members of the
Society are properly notified of all meetings of the Society
in time for them to act on the notification. The
National Secretary shall remit to the National Treasurer all
monies received for the Society on the 1st and 15th of each
month. Upon termination of National Secretary's term of
office, the National Secretary shall turn over all the
Society's files, software and equipments to the successor.
5. NATIONAL
TREASURER:
The National Treasurer shall be responsible for the
reception, disbursement, and safekeeping of all funds
pertaining to the Society and shall render an annual
accounting for the same which shall be audited and
distributed to all members of the Society. All checks issued
by the National Treasurer against Society funds must be
approved by the National President or supported by
appropriate statements or invoices. The National
Treasurer shall arrange for a suitable bond for all the
elected officers of the Society, and shall furnish a copy to
the National President and the National Secretary. Upon
termination of his term of office, the National Treasurer
shall turn over to his successor all Society funds, records
and files.
6. NATIONAL
HISTORIAN:
The National Historian shall be responsible for preparing,
publishing, and preserving historical data pertaining to the
Fifth Division, the Society and its Annual Reunions, and the
deeds of the officers and men thereof. The National
Historian shall be the custodian of the History of the Fifth
Division, and shall render an annual accounting and report to
the Society.
7. NATIONAL
CHAPLAIN:
The National Chaplain shall conduct the devotional and
memorial services at the meetings of the society, and perform
the usual duties of chaplain of a veteran's organization.
8. NATIONAL
JUDGE ADVOCATE:
The National Judge Advocate's duty shall be to advise the
National President and the Executive Board on the legality
and constitutionality of all questions and matters submitted
to the National President.
9. NATIONAL
EDITOR:
The duties of the National Editor shall be to publish
quarterly the Red Diamond magazine to the membership of the
Society from a list provided by the National Secretary.
B.
EXECUTIVE BOARD: Government of this Society shall be
vested in an Executive Board composed of elected Active
Members who have demonstrated an enthusiastic, constructive
interest in the Society and who shall be selected annually as
follows:
1. Two Past National
Presidents.
2. All elected officers
shall be members of the Executive Board.
3. The National President
shall be Chairman of the Executive Board.
4. The Executive Board is
authorized and empowered to direct and conduct the business
of the Society and to order the National Officers to make
such disbursements as it deems necessary to conduct the
Society's business. Issues considered by the Executive Board
shall be determined by a majority vote of those members of
the Board present at a meeting of the Board. When the Board
votes by mail, the issue shall be determined by a majority of
the votes cast.
C.
ADVISORY COMMITTEE: There shall be a president's
advisory Committee, constituted as follows:
1. All National Officers.
2. All living Past
Presidents who are Active Members.
3. One representative from
each Active Camp, to be chosen by the Camp and so certified
by the National President.
4. Eight
members--at-large--to be chosen geographically as follows:
Two from the Northeast
(region east of the Mississippi River and North of the Ohio
River extended).
Two from the Southeast
(region east of the Mississippi River and South of the Ohio
River extended).
Two from the West (region
west of the Mississippi River).
Two Vietnam veterans at
large.
The functions of the
Advisory Committee shall be to bring before the National
President any and all questions and recommendations
pertaining to the welfare of the Society which may arise in
the Camps, and to advise and consult with the National
President on any matters the National President cares to
submit to them.
D.
ELECTIONS: All National Officers and the Executive
Board shall be elected for one-year terms at the Annual
Business Meeting held at the Society's Annual Reunion, by a
majority of the votes cast. In the event no Annual
Reunion is held, the annual election shall be conducted by
mail in a manner to be determined by the Executive Board.
E.
VOTING: Voting for National Officers, Members of the
Executive Board, and on all other matters coming before the
Annual or Special Meeting shall be as follows:
Each active member in good
standing shall be entitled to one vote. Voting of the
Active Membership of Local Camps shall be delegates selected
not later than thirty (30) days prior to the Annual Meeting,
one delegate and one alternate for each ten (10) members or
fraction thereof in good standing. The delegate or
delegates of each Local Camp present at the Annual Meeting
shall be entitled, as determined by the Credentials
Committee. Such Credential Committee shall be appointed
by the National President at each meeting. Active
members in good standing present at the Annual Meeting, who
are not members of a Local Camp shall cast their individual
votes. At Special Meetings of the Society, the votes of
Active Members in good standing shall be cast in the same
manner, except the requirement for election delegates by
Local Camps thirty (30) days prior shall not apply.
Local Camps shall submit to the National Secretary not less
than thirty (30) days prior to the Annual Meeting a list of
the duly elected delegates and alternates as herein before
provided. In case camps are formed after the thirty
(30) day period provided for above before the Annual Meeting
they shall be allowed to elect their delegates.
The term "Active Member
in good standing" shall be taken to mean Active Members
with National dues paid up to thirty (30) days prior to the
meeting.
F.
FISCAL PERIOD: For the purpose of accounting for
receipts and expenditures of the Society, the fiscal year
shall end on July 31st
of each year.
G.
INABILITY OF ELECTED OFFICERS TO CARRY OUT DUTIES: In
case of the inability of any elected officer to carry out the
duties of his office, the National President, with the
approval of the Executive Board, may appoint a member of the
Society to fill the unexpired term of such elected Officer.
H.
QUARTERMASTER
& WEB-ADMINISTRATOR:
The National President shall appoint a Quartermaster and a
Web-Administrator with the approval of the Executive Board.
ARTICLE VI.
DUES, INITIATION FEE, ASSESSMENTS and CONTRIBUTIONS:
A.
DUES: To be an Annual, Associate, or Honorary Member of
this Society, any qualified person shall pay annual National
Dues of $15.00 per year, or other amount set by the Executive
Board, plus whatever local dues are set by the Local Camp to
which the member belongs. The annual period of
membership shall run for Twelve (12) months from the date
that the dues are received by the National Secretary of the
Society.
B.
INITIATION FEE: There shall be no National Initiation
Fee.
C.
ASSESSMENTS: Assessments may be levied upon Active
Members of the Society by a two-thirds majority vote of the
Active Members thereof present.
D.
CONTRIBUTIONS: Any member of the Society may make
contributions to the Society, and may indicate in connection
therewith the exact purpose for which such contribution may
be used, and if the purpose is so designated by the
contributor, said contribution may not be used for any other
purpose without the consent of the contributor. All
contributions shall be separately accounted for, and recorded
in the annual report of the Treasurer of the Society.
ARTICLE VII.
EMBLEM and CREST: The emblem and the crest of the
Society shall be the same as those adopted as the Fifth
Division emblem and the Fifth Division crest, with proper
modification of inscription to conform to the requirements of
the Society.
ARTICLE VIII.
ANNUAL REUNIONS and MEETINGS:
The date and
place of the next Annual Reunion and Meeting shall be fixed
by majority vote of those entitled to vote for National
Officers at the Annual Business Meeting. In the event
that a meeting place and date cannot be fixed at the annual
meeting, the decision shall be made by the Executive Board.
ARTICLE IX.
HEADQUARTERS: The Headquarters of the Society shall be
deemed to be the city in which the National Secretary lives.
ARTICLE X.
AMENDMENTS: This constitution may be amended in either
of two ways:
A.
By a two-thirds majority of the votes cast at an Annual
Meeting in conformity with the provisions of Section E,
VOTING, of ARTICLE V, ORGANIZATION of this Constitution.
B.
By a two-thirds majority of the votes cast when a proposed
amendment is submitted to the Active Members for a mail
vote. Amendments may be proposed by any member or
Camp. Each amendment shall be presented to the
membership for consideration, with the Board's favorable or
unfavorable recommendation, at the Annual Meeting or to be
voted upon by mail.
ARTICLE
XI. DISSOLUTION: Upon the dissolution, or
cessation of existence, of the Society, all historical
materials in the custody of the National Historian and other
such records (e.g. files of the National Secretary) shall be
turned over to any Museum of the Fifth Infantry Division
which exists at that time. Should there be no such
museum, the afore mentioned materials shall be deposited with
the U.S. Army Military History Institute. After payment
of all indebtedness, all other assets (e.g. monetary or other
such assets) shall be distributed by the Executive Board, as
constituted at the time of dissolution or cessation of
existence, to the Patton museum at Fort Knox, Ky., and/or
other entities, including but not limited to, the Battle of
Normandy Foundation; the museums Clervaux and Diekirch,
Luxembourg; and any VA medical center recreation fund deemed
appropriate.
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