Section 1 - Introduction
Prior to the establishment and promulgation of these Bylaws, membership in the BVA was categorized as regular, associate, affiliate, honorary, and next of kin. Life membership for all categories was authorized.
Over the years, next of kin members were authorized certain seats on the Board of Directors. The reasoning was three-fold: First, in honor of their loss and suffering; Second, in recognition of their significant achievements and accomplishments in furtherance of the BVA official motto, The First Duty is to Remember; and Third, with the understanding that a time would come when no Beirut Veterans existed other than in the memories of those left behind. To remain in perpetuity, changes were and are deemed necessary.
Section 2 – Categories of Membership
With that in mind, membership shall be as follows, until October 22, 2023 (subject to vote as set forth elsewhere herein, or any appropriate Amendment):
Regular: There are three types of Regular Membership:
- Veteran, which shall be open to those persons that served in the United States Armed Forces or other Departments or Agencies of the United States, and who served in or around the environs of Beirut, Lebanon, between July and November of 1958, June and August of 1976, August of 1982 to August of 1985, July and August of 2006, and during other times as established by the Board of Directors.
Environs in this context shall mean any member of the Armed Forces or Departments and Agencies of the United States stationed in what is now referred to as U.S. Europe Command, U.S. Central Command and U.S. Africa Command that provided direct hands-on support to individuals entering or exiting the Beirut, Lebanon area of operations. - Next of Kin, which shall be open to the families of those that died in or around Beirut, Lebanon, while serving in the Armed Forces of the United States, between July and November of 1958, June and August of 1976, August of 1982 to August of 1985, July and August of 2006, and during other times as established by the Board of Directors, may be afforded free membership and life membership upon request.
- Family, which shall be open to the Spouses (to include widows/widowers, whether remarried or otherwise), Parents, Grandparents, Siblings and lineal descendants of Regular Veteran members.
All Members in good standing have voting privileges. A member in good standing is defined as a life member, or a member whose dues are current.
Affiliate, which shall be open to persons or entities desiring to assist the corporation achieve its purposes through financial means or otherwise;
Honorary, which shall only be authorized by the Board of Directors to those persons who have demonstrated extreme support to the BVA, or their past or present conduct so impresses the Board of Directors that it deems such membership be granted.
Membership Classification changes on October 23, 2023 or at other times if approved by the members at an Annual Meeting: On October 23, 2023 at 0001 hours, the following changes in membership shall occur if approved by Amendment.
Regular Membership shall be open to all persons desiring to effectuate and carry on the purposes of this corporation, to include all former Regular Members and all former Next of Kin Members. All Former Regular Members, Next of Kin Members and Family Members shall automatically become “Regular” Members under this provision.
Affiliate and Honorary Membership shall remain the same.
Life memberships in each category are hereby authorized, and those holding the same prior to these Bylaws shall be recognized as such in this corporation. Life membership shall only be authorized for living persons.
In the event the United States shall order or authorize United States Armed Forces to conduct military operations, including combat, humanitarian, and other kinds of operations, in or around the environs of Beirut, Lebanon, to include adjacent waters and airspace, at any time in the future, the Board of Directors may add those dates to membership.
Section 3 – Dues
Membership classes and dues shall be set by the Board of Directors. Lifetime memberships are limited to natural persons. A reserve for lifetime dues may be established by the Board of Directors. If established, each year a portion of these life dues may be released for use in the operation of the BVA. The portion shall be computed according to a formula established by the Board. A membership year is January 1st to December 31st but may be pro-rated.
Section 4 - Terms of Membership
Membership shall be for one calendar year. Policies regarding pro-ration, grace periods, initiation fees, and other membership-related matters shall be set by the Board.
Members who fail to renew their membership at expiration and who do not renew for a period of sixty days shall no longer be considered in good standing. Such lapsed memberships may be reinstated upon payment of dues. Members experiencing financial difficulty may retain membership upon request or suggestion to, and approval by, the Membership Committee if established or Membership Chair, or the Board of Directors.
Section 5 – Membership of the Board of Directors and Officers
The Incorporator shall appoint eight (8) Board Members in addition to himself to serve until replaced pursuant to these bylaws. Thereafter, the Board of Directors shall consist of those nine (9) members elected by the membership as dictated herein.
The appointed Officers of the Association are not Board Members.
Those persons elected to the Board of Directors, elected or appointed as an Officer, or appointed by the Board to hold office or Committee Chair will receive a Life Membership upon completion of the first term to which the person was elected or appointed. All terms of office run from October 23-October 22 of the given year(s).
Those persons so elected or appointed prior to these Bylaws shall be afforded the same privilege retroactively, but without repayment of any prior annual dues paid.
Section 6 – Voting
Nominations will open on 1 July in those years elections will be held and close 30 September.
Nominations may be mailed to the address listed in Article 1, Section 2 - Principal Office, and must be postmarked by 23 September.
Nominations may be presented electronically utilizing the contact email on the Official BVA website.
Members in good standing may self-nominate pursuant to the same procedures.
Nominees will be contacted via email or telecommunications to verify acceptance of the nomination. Acceptance of a nomination via email using the same procedures will be deemed valid if received using the contact email described above by 30 September. A self-nomination will automatically be deemed accepted.
Ballots will be dispersed to Members in good standing at the Annual Membership Meeting and voting procedures established by the Board or President will be utilized.
Regular Members in good standing shall be eligible to vote for board members and on other matters properly before the membership for vote. Voting is limited to living persons.
Voting by Proxy: Eligible members may vote by proxy at general membership meetings. The proxy must be executed in writing, signed by the grantor of the proxy and naming the eligible member who is authorized to vote on matters at a specific official meeting of the membership. The proxy shall be recorded by the Secretary and made part of the official minutes of the meeting. Only one proxy vote per contested position may be cast by an eligible member in the election process.
Section 7 - Corrective Action and Due Process
Complaints: Any members of the Beirut Veterans of America (BVA) may lodge a formal complaint against another member for alleged conduct prejudicial to the best interests of the BVA.
The complaining member will file a written complaint with the BVA Secretary that includes specifics of the conduct alleged.
The Secretary will present a copy of the complaint to the Chairman of the Board of Directors (BoD) and President.
Upon receipt of the complaint the President will appoint an Adjudication Panel (the “Panel”). The Panel will comprise 3 members. The Vice Chairman of the BVA BoD, the BVA Vice President and one BVA member selected by the Chairman of the BoD. The BVA Secretary will be act as the Panel Secretary for the purpose of recording any reports and compiling digital evidence.
In the case that the accused is a potential Panel member the BoD Chairman will assign an alternate member. If the Chairman is accused, the Vice Chairman will act in the Chairman’s capacity for the issue and the President will replace the Vice Chairman on the Panel.
The Panel will first consider whether the conduct alleged in the complaint, if true, constitutes conduct prejudicial to the best interests of the organization.
If the Panel determines that the alleged conduct is not prejudicial, it will take no further action and the matter is closed.
If the Panel determines that the alleged conduct, if true, is prejudicial, it will set a date for a hearing not less than three (3) nor more than six (6) weeks after such determination. The Panel Secretary will send a copy of the complaint to the accused member by a method that will assure delivery, together with a notice of the hearing. The notice will advise the accused member that they may appear and present witnesses in his defense. The Panel may appoint an independent investigator to gather additional evidence.
Due Process: The provisions regarding Disciplinary Procedures contained in the most recent edition of Robert’s Rules of Order, Newly Revised, as such may be modified by the procedures set forth in this Bylaw, shall govern the investigation and hearing of any charges brought pursuant to this Bylaw.
Levels of Findings and/or Corrective Action: a ruling and Corrective Action leveled by the Hearing Panel may be any one of the following:
- The Board may make a finding of “Corrective Actions”
- A Member may be punished by:
- Written reprimand
- Suspension for a specified period of time; or
- Expulsion from the BVA
- A Corrective Actions more than a reprimand and less than suspension that is reasonable, e.g. letter of apology, restitution, is authorized
- The BVA Board of Directors may accept a member’s resignation from the BVA, without admitting guilt of any wrongdoing, in lieu of a Hearing Panel being impaneled. If a member resigns their membership, they will be prohibited from applying to become a member again for a period of time set forth by the BVA Board of Directors on a case-by-case basis.
Panel Hearing: The hearing before the Panel shall be closed, with attendance limited to only the Panel members, the complaining member, the accused member, an investigator if so appointed, and any witnesses (but only when such witness is testifying). The Panel may decide that counsel may represent the parties.
At the hearing, first, the complaining member, then the accused member, and then the investigator, if one is appointed, may present evidence, including witness testimony, regarding the conduct in question.
Immediately after the Panel has reached a decision, the Panel Secretary will put the Panel’s findings in written form. If either or both the complaining member or the accused member were not present at the hearing, the Secretary will notify the absent member or members of the recommended action that the Panel has taken on the matter.
Review by the Board of Directors: Within fourteen (14) days of service by first class mail or electronic mail of a report from the Panel imposing Corrective Action on a member, said member may request that the BoD review the decision of the Panel by providing written notice to the Secretary.
Such review will be conducted at a time and place at the discretion of the BoD and will be based upon the written statements provided by the parties and the transcription of the testimony taken by the Panel; provided, however, that the BoD issue its decision on review within 45 days of receiving a complete hearing file from the Panel.
The BoD may accept, reject or modify, in whole or in part, the Corrective Action imposed by the Panel.
Appeal to the Board of Directors: A member may appeal the decision of the BoD by providing written notice to the Secretary within fourteen (14) days of the service by first-class mail or electronic mail of a report from the BoD imposing or affirming Corrective Action on said member.
Such hearing would be conducted at the next regular meeting of the BoD and would be presided over by the President or his designee. Only members of the BoD and the accused Member may be present at the hearing.
The hearing by the BoD would consist of (1) a review of (a) the written statements of the parties, (b) the investigation report, if any, (c) the transcription of the testimony taken by the Panel, (d) the reports of the Panel and BoD and (2) oral arguments presented on behalf of the BVA and the accused member.
The BoD may accept, reject or modify, in whole or in part, the Corrective Action imposed on a member by majority vote; provided, however, that expulsion from the organization requires a two-thirds (2/3) vote by secret ballot of the members of the BoD present and voting.
If the members vote not to expel, any reprimand or suspension will stand.
