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Author Topic: Removing a commander  (Read 4237 times)

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RCJP2070

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Removing a commander
« on: March 05, 2011, 01:17:27 am »
I don't have my by-laws handy (I'm on the road).  This just became relevant at my Post. Yes, elections are coming up, but something is perolating that may require this later.

So, anyway, does anyone know the procedure for removing the commander?

Offline DoggyDaddy

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Re: Removing a commander
« Reply #1 on: March 05, 2011, 03:07:30 am »
There is no statute of limitations on charging a member for violation(s) of the VFW Nat'l Constitution, By-Laws or Ritual.
Joe Kleinsmith
All State VFW Post 1716 Cmdr (1998-2000)
Cpt, VFW Post Honor Guard, Retired (1991-2009)
SC-SB County Council Cmdr (1996-1997)
SFC, US Army, Retired (1971-1991)
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Offline easingwr670

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Re: Removing a commander
« Reply #2 on: March 05, 2011, 05:46:38 am »
A Department or a District Commander can remove a Post Commander for cause. You had better have your "ducks in order". They will think twice or three times but they can do it.
Richard C. "Dick" Easingwood
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Offline Chris Weber 5468

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Re: Removing a commander
« Reply #3 on: March 05, 2011, 07:48:42 am »
A District Commander can be used to investigate causes to remove a Post Commander and make recommendations and or request for a Post Commander's removal. District Commanders do not have the authority to remove a Post Commander.
By Laws Section 220; Removal, paragraph 2 " The Department Commander may, with respect to any Post within the Department, may remove any Post Officer who fails to fulfill the his office as required by Section 218."
Manual of Procedure Section 220 states
"Removal. A Post may, upon motion duly passed at any meeting, propose the removal of an officer or committee member at the next stated meeting or special meeting called for such purpose. The member holding such office and the Department Commander shall be notified at least seven (7) days prior to the meeting by certified or registered mail addressed to the memberís last known address stating the reasons for the proposed action.
The Post, at the next stated meeting or special meeting, may by two-thirds (2/3) vote of the members present declare vacant the position of any an elective officer or elected chairman or committee member who may have:
1. Absented himself from two (2) consecutive meetings or who has
2. Failed to fulfill the duties of office specified in Section 218 of the By-Laws and Manual of Procedure."
These steps are not to be taken lightly and ALL REASONS of DESCRIPTIONS OF FAILURE OF PERFORMANCE OF DUTIES MUST BE FULLY DOCUMENTED AND WITNESSED.
Chris Weber
Adjutant, 12th District
District 12 VSIO
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All American District Adjutant 2009 - 2010
All State District Commander 2008 - 2009
All State Post Commander, 1999 - 2000 - 2001
Trustee, Veteran Service Officer, Post 5468
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RCJP2070

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Re: Removing a commander
« Reply #4 on: March 05, 2011, 02:02:28 pm »
How's about falsifying the election of a trustee and forging an audit?

Offline Chris Weber 5468

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Re: Removing a commander
« Reply #5 on: March 05, 2011, 03:39:29 pm »
If you have full documentation on the improper election, such as the true nature of the falsehood. All the details are essential.
As far as forging an audit, need more detail as well. Did the Cdr write it giving false amounts or the QM write it. Or is it having improper signatures. That claim is too vague.
ANY charges need to be iron clad.
There can be no short cuts taken.
How many heads do you want to roll?
Your Charges are turning to be potential charges under Article 9,Section 902, Paragraph 2, 4, 6, 8, 10, and 11. Your fully prepared charges as per Article 9 and the Procedural Guide for Disciplinary Actions should be sent to your Department Commander. Their action and expense would be a Post Liability as only at that level can it be processed. They would likely assign the District Commander and or an Assistant Dept Chief of Staff to proceed with the investigation and report back. Then the next step would be taken.
Better get the 2011 Ritual Book and do your homework and DOCUMENT EVERYTHING.
Either way you act, it will not be an automatic thing. Article 9 would take 4 to 6 months, Section 220 would take 2 months.
Have you considered getting your supporters together and ask him to resign?
Or make sure you have all your supporters and vote in a new staff. 
« Last Edit: March 05, 2011, 03:50:34 pm by Chris Weber 5468 »
Chris Weber
Adjutant, 12th District
District 12 VSIO
National Aide-De-Camp    5 times
All American District Adjutant 2009 - 2010
All State District Commander 2008 - 2009
All State Post Commander, 1999 - 2000 - 2001
Trustee, Veteran Service Officer, Post 5468
Eureka, Missouri

Offline IJK3770

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Re: Removing a commander
« Reply #6 on: March 05, 2011, 03:45:37 pm »
No reason to worry about it. I have learned through the forums here and other communications with other members having issues in their posts that neither National , Department , or District give a rats hind end and nothing will be done..  They will totally ignore - none wants the boat to rock on their watch.  Your only recourse is to try to get new officers elected. Nominations will be held for post officers during the March meeting and remain open during the April meeting right up until closed just before election. The by-laws just might as well be thrown in the trash as they only apply to posts that wish to follow them. 
IJK
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Offline DoggyDaddy

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Re: Removing a commander
« Reply #7 on: March 05, 2011, 03:54:39 pm »
I once asked National If one had to go thru Dist and Dept first before contacting them. And they informed me, NO, And that they worked for us and we should not forget that. There is no chain of command in the VFW like in the military.  It is considered protocall. One can by pass Dist  to Dept if they wish and should do so only with justification. As well, one can go straight to National to request an investigation be initiated, but have facts available, documents are better..
Joe Kleinsmith
All State VFW Post 1716 Cmdr (1998-2000)
Cpt, VFW Post Honor Guard, Retired (1991-2009)
SC-SB County Council Cmdr (1996-1997)
SFC, US Army, Retired (1971-1991)
Full Time RV'er
www.vfwwebcom.org/ca/post1716
http://vfwwebcom.org/ca/Post1716HonorGuard/

Offline Chris Weber 5468

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Re: Removing a commander
« Reply #8 on: March 05, 2011, 05:08:53 pm »
A lot of what IJK does fall upon the strength of the District and its Commander. If they have been ineffective for years, it takes a number of years with good leadership at that level to wake the Posts up in that District. The Posts in the 12th Dist Mo are slowly coming into line. From having 6 ineffective Post to 3 now in a 5 year span I would call progress. (I did not count the Posts that merged in this figure.) Having 1 Post getting closed (they surrendered right as we were pulling the trigger) woke some up.
We have been trying in the 12th and had a few Dept Cdrs that would try to work through the issues with our troubled Posts and Post Cdrs did get relieved during the past 6 years. The District is in place to work in between the Posts and Department and it takes a full communication flow with all.

If you want to work the charges for either the Post or Department, having your District to aid and guide your steps is not bad. It would still take Department to do the action by the By Laws.
Chris Weber
Adjutant, 12th District
District 12 VSIO
National Aide-De-Camp    5 times
All American District Adjutant 2009 - 2010
All State District Commander 2008 - 2009
All State Post Commander, 1999 - 2000 - 2001
Trustee, Veteran Service Officer, Post 5468
Eureka, Missouri