VFW WI Judge Advocate Information

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SHOW US WHAT YOU KNOW!

Posted at 8:00 AM on Wednesday, October 15, 2008 by State Judge Advocate

POST, DISTRICT JUDGE ADVOCATE CONTEST LET'S YOU DEMONSTRATE YOUR KNOWLEDGE OF VFW BY-LAWS & POLICIES
At this time I would like to reverse the normal procedure of responding to questions asked by District and Post officers and the membership. We have many outstanding Judge Advocates at the District and Post levels.
 
Basic duties of a Judge Advocate is to give their Post Commander and membership legal assistance, incident to his office, as he may request, and perform such other duties as may be usually incident to the office or as may from to time be required of him by the laws and usages of this organization or lawful orders from proper authority.
 
Here is the plan: I will ask questions in reference to general knowledge of VFW. You are to answer the question and supply references (National Bylaws, Manual of Procedure, and to Demeter’s Manual of Parliamentary Law and Procedure – such as articles, sections and general source information) to justify your answer.
 
Question:    Is a motion required to accept the Quartermaster Report?
 
Question:    When the Quartermaster’s Report is given at a Post Meeting, does each line item have to be read, or can the Quartermaster give only the total amounts of each fund?
 
Question:  Can a District or Post Commander challenge the eligibility of a Post member?
 
Question:   Who may initiate disciplinary action against a member?
 
Question:   Do Posts have the right to refuse admittance to members from other Posts to their canteens?
 
Question:   Can a member of a Post who has their Canteen/Clubroom privileges suspended, be denied the right to attend monthly meetings of the Post?
 
Question:   Can a visiting official be asked to leave the Post meeting when financial matters are being discussed?
 
Question:    What is the correct procedure to be followed when conducting an audit?
 
Question;    Can a convicted felon become a member of the VFW?
 
 
Question;    What happens when an officer resigns and no one can be found to fill the office?
 
Question;    Can the Post Quartermaster serve as Canteen Manager simultaneously?
 
Question:    Does the Ritual cover special meetings and how does it address this function?
 
Question:    What can a District Commander do when the Post Commander fails to attend required meetings after having been properly notified?
 
Question:   Which section of the Congressional Charter do we recite during the opening of the Post meeting - is it really required to be read?
 
Question:   Can the Post Commander change activities of the Post without talking to the membership?
 
Question:   Can a Post reject a qualified veteran for membership?
 
Question:    When registering as the Commander of the Post, at the Department Convention, can he cast the delegate votes of the Post?
 
Question:   On the National and Department level, who is the governing body between conventions?
 
Question    Arrearages: can a Post be deprived of its voting privileges at National, Department, District and County Council meeting by failure to submit a Trustee’s Quarterly Report of Audit?
 
Question:   Can the Post Commander relieve a trustee for failure to fulfill his duties?
 
Question:   What action can the Judge Advocate (at all levels) take when a Commander gives an opinion that may be in conflict with the National By-Laws?
 
Question:   If the Commander of the Post resigns and the Senior Vice Commander refuses to move up, what is the procedure?
 
Question:    What is the time period for a Post to lose its charter because of inactivity?
 
Question:    Are caps removed during the recitation prayers at a Post meeting, and if removed, is the cap placed over the heart?
 
Forward your responses to my email judge@wi.vfwwebmail.com or mail to Michael L. Borg, VFW State Judge Advocate, 1809 N. Oneida Street, Appleton, WI 54911, by November 20, 2008.
 
I will post the results on my web blog and mention the most knowledgeable District or Post Judge Advocate in my next newspaper article. Thanks!
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THE CHAIN OF COMMAND

Posted at 7:51 AM on Tuesday, July 15, 2008 by State Judge Advocate in ByLaws and Procedures

I hope everyone had a great time at this year’s convention. It is always such great fun for our membership to come together for this special event. I want to take this opportunity to say thank you comrades! The State Convention delegates gave me another opportunity to serve our new State Commander Gary Erickson and his administration. This opportunity is my ninth year as your State Judge Advocate.
 
It is my duty to give the Department Commander, Council of Administration and Department Convention legal assistance, incident to my office, upon request, along with advising on parliamentary procedures. I want to discuss the Chain of Command in this article as we start a new year with new officers.
 
You might be asking yourself, why is the State Judge Advocate addressing the issue of VFW Chain of Command?   Our Department has noticed an increase of individual Post members breaking the chain of command by writing directly to our National Organization on their issues.
 
The Veterans of Foreign Wars organization has a chain command built on a proven structure. The Post is the foundation of our organization; we must start at that point. . All complaints must begin at the post level and the member(s) have an obligation to submit their complaint to the Post Commander. Unresolved complaints at the post level are forwarded to the District level. If still unresolved, the complaint forwards to the Department. If Department cannot resolve, the complaint forwards to National. It is subjected to the control of the National Commander-in Chief and the National Council of Administration with final decision resting on the National Council.
 
What if the chain of command breaks down or the system doesn’t work? What if any one of our levels spins out of control? Do we break the chain of command?
 
When complaints are submitted directly to our National Headquarters, they are referred right back to the Department. Our Department Commander is asked why they don't have control of their organization at all levels. This causes embarrassment to our State Commander and the Council because they had no prior knowledge. Commanders at any level can’t act without proper knowledge of complaints. 
 
Members may not understand the chain of command or believe that they have a right to circumvent the chain of command. They may claim justification by “opening a can of worms” in a National forum if our chain of command fails them. Others contend individuals who continuously break the chain of command are driven by altruistic goals to improve the system and should be accorded some measure of immunity and protection.   None of these reasons are acceptable.
 
It is so important that individual complaints are handled at each level of the chain of command in the proper order. Each decision can be appealed to the next level of authority. Commanders at all levels must educate their membership on the proper use of the chain of command.
 
The State Judge Advocate can not intervene in specific Post issues unless so directed by the State Commander. However, he is able to provide general guidance and training in response to questions of general interest and issues.
Got a question? E-mail it to: judge@wi.vfwwebmail.com
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WHAT ABOUT ELECTIONS?

Posted at 7:49 AM on Thursday, May 15, 2008 by State Judge Advocate in ByLaws and Procedures

Our districts are in the process of completing their spring conferences or meetings. At one district meeting I attended recently, the election of trustees and vacancies issues came forward
 
Issue 1: Can a district three year trustee run again for that same position (three year term) or does he have to follow the normal progression to the next position as the district two year trustee and so fourth? If that’s the case, what is the progression of the other two trustees? Does the two year trustee move to the one year trustee position – and another two year trustee has to be elected? Plus does the original three year trustee have to resign the progression position of the two trustees before the election process.
 
Issue 2: During the election procedures – if the outgoing district commander decides to run for another term, does he run against the original senior vice commander? Do the senior & junior vice commander have the right to stay in their original positions and be re-elected to those positions, or must they move forward to the next progression?
 
Since there was some friendly disagreement between the State Judge Advocate and a very knowledgeable district member, I followed up with a call to National’s Assistant Director of Administrative Operations, David Prohaska.
 
Here’s what he said: A trustee is elected for a three year term unless they are unable to fulfill their term of office. If that person fails to fulfill their term, then an election takes place to fulfill the rest of the person’s obligation. If a two year trustee is unable to fulfill his commitment, a person is elected in his place (the three year does not move up). In the case cited, the three year’s trustee’s obligation is to progress to the two year trustee, he would not be eligible to run for the three year trustee. However, this is my interpretation and one might argue that he has the right to run for three year trustee therefore vacating the two year position, and an election for a two year trustee would be needed…. and they would be correct.
 
Elections periods (except trustees) are for one year (there is no progression like trustees stated in the By-Laws except to fill vacancies during the year), any member can run for any position as long as they don’t hold two elective offices, therefore, a senior or junior commander could run for the same position and not move up. Now, when there is a vacancy, and they elect not to move up, they must resign their position and run again if so desired.
 
And, on a related issue: If the district commander resigns or passes away and the senior or the junior vice commander or both refused to step up to the next progression what happens?
 
In the Manual of Procedures Article IV – Districts, Section 418 – Vacancies and Removal of Elective Officers, states in part: “..District may fill any vacancy in their offices at any regular or special meeting. In the event of a vacancy in the office of District commander, the Senior Vice Commander shall at once succeed to the title and duties of such office, and the Junior Vice Commander shall succeed to the title and duties of the senior Vice commander. Likewise in the event of a vacancy in the office of senior Vice Commander, the junior Vice commander shall at once succeed to the title and duties of said office. In either case, the district shall be convened for the election of a junior vice commander.
 
It is also my understanding that in the event of a vacancy in the office of commander, the senior moves up. If he cannot or refuses to move up, he must resign and the junior vice commander will assume the duties of the commander, and an election must be held for the office of junior vice commander and senior vice commander.
 
This also holds true for the vacancy in the office of the senior vice commander: The junior moves up. If he cannot, or refuses to, move up, he must resign and a new election must be held for the office of senior & junior vice commanders, not only the district, but also the post level.
 
I hope we haven’t confused you completely. Elections & Vacancies - just remember – vacancies you must move up or resign your office. Elections – you have the choice to move up or stay in your original office and be re-elected.
 
I hope this has addressed the issues and concerns of our district and post membership.
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COMMON QUESTIONS

Posted at 7:45 AM on Saturday, March 15, 2008 by State Judge Advocate in ByLaws and Procedures

I recently attend our State Mid-Winter Conference in Green Bay and was given letter addressed (to whom it may concern) through our State Jr Vice Commander Wilfred “Twiggy” Johnson from a concerned comrade in regards VFW Training of Quartermasters and our newly approved National Bylaws.
 
State Adj/Qm Steve Lawrence and I reviewed his concerns and thought they could be addressed through the VFW Newspaper. Due to space limitations, I will adress additional concerns in future columns.
 
  1. Assistant Q.M.: Previous National’s By Laws stated a QM (also ADJ) could appoint an Assistant, but the current issue does not. Is the assistant required to be bonded? Can the assistant QM sign checks? One source states checks require the signature of a second person, but not who. The term of office is not specified.
 
Yes, the current Bylaws don’t address the positions of Assistant QM and ADJ as in the past issue of our National Bylaws. But, those positions can still be address by the authority of the Commanders’ appointments.
 
Section 218 – Officers: Duties and Obligations, (a) Officers, (1) Commander, paragraph e – which states in part –  He can appoint officers, committee chairmen and committees not otherwise provided for. He may remove such appointed officers, committee chairmen and committees at his pleasure.
 
As far as the issues of bonding, signatures and term office - that is found in the duties of the Quartermaster & Commander.
 
New Section 218 – Officers: Duties and Obligations, (a) Officers, (5) Quartermaster, paragraph c – which states – Disburse funds as properly authorized by the Post using accepted banking practices. Unless otherwise provided for in Post By-Laws, all disbursements of Post funds shall bear the signature of the Quartermaster or other person(s) authorized by the Quartermaster. Such other authorized person(s) shall be bonded with an indemnity company as surety in a sum at least equal to the amount of the liquid assets for which he may be accountable in accordance with Section 703.
 
In the past the second signature was always the Post Commander, but now that has changed to anyone authorized by the Post Quartermaster or otherwise provided for in the Post’s Bylaws.
 
The term of office of an assistant would be at the pleasure of either the Commander or Quartermaster - who ever made the appointment.
 
2. Vouchers: The ADJ should prepare and assign check numbers for the QM. Are the procedures to use vouchers practical and are the Posts using them? No sample of a regular or travel voucher is supplied to the QM. What is required on the voucher?
 
The duties of the Post Quartermaster were revised by National’s Bylaws Committee at the recent National Convention in Kansas City.
 
Old Section 218 Officers: Duties and Obligations, (a) Officers, (5) Duty of Quartermaster. paragraph b, which stated – Pay out or expend monies only after the Post has authorized payment by motion made and passed at a meeting of the Post. All checks for the expenditures of Post funds shall be numbered in sequence, the number of each check to correspond with the voucher authorizing the same, and in addition to the signature of the Quartermaster shall be countersigned by the Post commander.
 
This paragraph was removed completely which addressed the voucher procedures. Therefore the vouchers at the Post level are no longer a requirement of the QM & ADJ duties.
 
The new Section 218 Officers, Duties and Obligations, (a) Officers, (5) Duty of Quartermaster, paragraph c from above was inserted in stead of old paragraph (b) representing the normal practices of disbursement of funds.
 
This change only applies to the Posts and not the District or Department Quartermasters Duties. There, paragraph (b) of Section 218 still applies. The District and Department Quartermasters should be able to supply copies of their vouchers.
 
P.S. I was only able to address the first two of this comrade issues, Please forward your name and address to my email judgeadvo@tds.net so we can address all your issues. Your cover page I will forward to the OTI Program Chairman Sue Samson after your identification.
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WHO PROTECTS POST FUNDS?

Posted at 7:41 AM on Tuesday, January 15, 2008 by State Judge Advocate in Officer Duties

The Post Trustees duties are probably the most misunderstood of any of the Post Officers. They are primarily the watchdogs of the Post funds. They make certain that no one has his fingers in the till. They audit the Post funds regularly – at least once each quarter.
 
The Trustees also have authority and responsibility to assure the proper handling of funds. It is only reasonable that their authority should not be limited to catching a dishonest person. Equally important should be the prevention of incompetency. Where funds are guarded carelessly or records are kept inefficiently, the Trustees should call attention and make every effort to correct it.
 
The Trustees duties extend to every operation of the Post. Their audits must cover all activities, including the clubroom, the bar, bingo, or any other source of income or financial transactions.
 
Many larger Posts employ private accountants to audit the books. In these cases, the auditors report to the Trustees and the Trustees make certain that the audit is conducted correctly. This should be encouraged in large operations.
 
A quarterly audit of all funds and accounts is not only necessary, it is mandated by our National Bylaws. Failure to conduct audits can result in the cancellation of the Post Quartermaster Bond and will take away all voting privileges at District and Department Conventions.
 
If the Trustees don’t do their jobs, the Commander may deem it an emergency situation and appoint an auditing committee on his own initiative. The largest number of complaints that requires the attention of our department is the misappropriation of Post funds. Many of our Posts elect Trustees to “fill a position” and then explain away their duties as mere signatures on the Quartermaster’s Quarterly Report. After all, some Post Quartermasters do their reports in full detail and only ask the trustees signatures. This failure to properly exercise Trustees duties is caused by the lack of knowledge and training.
 
Trustees duties are explained in National’s Manual of Procedure, Article II – Posts, Section 218 – Officers: Duties and Obligations, (a) officers, (11) Trustees. General speaking, the three trustees fill out the quarterly report with information supplied by the Quartermaster’s ledger and check book.
They look at all income and expenditures of the Post’s ledger and verify those entries, comparing them to deposits and checks written against the check book. Each account in the ledger should be reviewed to verify those funds are entered properly in assigned accounts.
 
The Quartermaster is there only to supply the necessary information and answer questions that might be required to assist the trustees. No trustee should ever place his signature on a Post’s Quarterly Report without doing a proper audit.
 
Once the trustees sign off on the Post’s Quarterly Report, it releases the Quartermaster of any responsibility for information supplied during the audit of the ledger, check book and other records. If embezzlement is later uncovered, prosecutors may now hold the Post’s Trustees accountable for those missing funds, because they attested that the Quarterly Report was correct.
 
We spend a large amount of time training our officers at the annual O.T.I. program. Trustees should attend O.T.I. so they benefit from this training program as well. Posts and Districts should be certain that Trustees are adquately trained.
 
One last issue, the trustees do not have any authority over the management of the Post Home, nor is property held in their name in an incorporated Post. They cannot serve on any committee having to do with the handling of Post funds, and cannot therefore serve as members of the House Committee, Bingo Committee, or a Club Manager, Bar Manager and etc.
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