(revised & approved Sept. 7, 2006)
Article I
Name
The name of the corporation
shall be:The Butler Guards, Inc.And
it is sometimes referred to in these By-Laws as the Corporation
Article II
Purposes
1.The
purposes for which the Corporation is formed are those set forth in its
Certificate of Incorporation, as from time to time amended.Namely,
to promote public education of the history of the War Between the States
(1861-1865), through activities designed to attract public attendance,
such as public demonstrations of reenactments of camp life and battles
during said period, public discussion groups, forums, panels, lectures,
and similar programs.The Corporation
is not formed for pecuniary or financial gain, and no part of the assets,
income, or profit of the Corporation is distributable to, or inures to
the benefit of its directors or officers except to the extent permitted
under the Nonprofit Corporation Law of the State of
2.The
purposes of the Corporation are promoted through an educational program
directed toward the general public and the community; are developed through
public demonstrations, projects, and programs; and are governed and qualified
by the basic policies set forth in Article III.
Article III
Basic Policies
The
following are basic policies of the Corporation:
1.The
Corporation shall be noncommercial, nonsectarian, and nonpartisan.
2.The
name of the Corporation or the names of any members in their official capacities
shall not be used in any connection with a commercial concern or with any
partisan interest or for any purpose not appropriately related to the promotion
of the Objects of the Corporation.
3.The
Corporation may cooperate with other organizations and agencies concerned
with the history of the War Between the States, but persons representing
the Corporation in such matters shall make no commitments that bind the
Corporation.
Article IV
Membership and Dues
1.Any
individual who subscribes to the purposes and basic policies of the Corporation
may become a member of the Corporation subject only to compliance with
the provisions of the By-Laws.Membership
in the Corporation shall be available without regard to race, color, creed,
or national origin.
2.The
corporation shall conduct an annual enrollment of members but persons may
be admitted to membership at any time.
3.Only
members in good standing of the Corporation shall be eligible to participate
in its business meetings, or to serve in any of its elective or appointive
positions.
4.Each
member of the Corporation shall pay annual dues to the corporation, in
a reasonable amount fixed by the Board of Directors, and subject to change
from time to time.Dues of a new member
admitted during the year shall be prorated.Members
agree dues to the Butler Guards each year in the following amounts:$15
individual membership or $25 family membership.Upon
a majority vote, a member’s dues for the Butler Guards may be waived for
a period of one year due to hardship.In
fairness to all, a member may be required to prove hardship.This
offer is good only for one year.The
decision to confer this waiver is to be made by the business officers of
the unit.
5.The
fiscal year of the Corporation shall begin on the first day of July and
end on the last day of June each year.
6.Members
agree to within one year of their enlistment, provide themselves with a
proper authentic uniform, weapon and accoutrements representative of what
the Butler Guards would have been issued through regular state or Confederate
issue.
7.Members
have the right to represent the Butler Guards at all living history events
including town days, schools, civic groups and reenactments as long as
the majority of the unit has voted to support said event.
8.Members
in good standing have the right to be given graveside services up on their
death and at their written request in the form of a will or letter to the
company, or upon a verbal request from the family.
9.Members
agree to forever uphold the traditions and to preserve for future generations
to follow the memory of our Confederate ancestors and to forever preserve
and protect the memory, lifestyle, and sacrifice that Southern people gave
during this tragic period of our country.
10.Members
will undergo a uniform and safety inspection at every event and will agree
upon the request from the commanding officer, to make all necessary adjustments
to bring themselves in accordance with the guidelines and safety standards
required.
11.A
recruit must undergo a 90 day trial period or attend three events, whichever
comes first.At the end of the trial
period, the recruit would be voted upon by the membership for acceptance
or denial into the ranks of the Butler Guards.Voting
will take place at a regular business meeting.
12.In
the unlikely event that a member brings dishonor or hardship upon the unit,
the membership retains the right to take action to include a reprimand
and/or probation period or to by a 2/3 majority vote, expel the membership
of said person.Any expelled member
forfeits any dues and privileges of the Butler Guards.
13.The
Unit Colors of the Butler Guards are a vital part of our organization and
therefore hold an honored position within our ranks.The
current military officer of the Butler Guards will take charge of the colors,
making sure that they are in proper order and that they are present at
every function.At no time are the
colors to be loaned, rented or sold without express written permission
from the membership.
14.Members
must attend three unit-affiliated events each year in order to maintain
voting status
Article V
Officers and Their Election
1.Officers.
(a)
The officers of the Corporation shall consist of
A.Business
Officers -- a President, a Vice President, a secretary, and a treasurer.One
must be current in all dues in order to be eligible to run or vote in this
election.
B.Military
officers -- Officer, First Sergeant, and two Corporals, and Quartermaster.
(i)
One must be current in the company dues and have served under arms in at
least three unit-affiliated reenactments during the previous season in
order to be eligible to vote in this election. Positions
are determined based upon the membership size of the unit.
(ii)
Any person holding rank must attend two/thirds of the unit affiliated events
in order to maintain rank; this is to be checked by the President.Probation
& removal are options for non-attendance.Illness,
family emergencies, and mandatory work are legitimate exceptions to this
issue.
(iii)
Officers shall be elected by ballot annually in the month of August.However,
if there is but one nominee for any office, it shall be in order to move
that the secretary cast the elective ballot of the corporation for the
nominee as a vote of acclimation.
(iv)Officers
shall assume their official duties following the close of the annual meeting
in August and shall serve for a term of one year and until the election
and qualifications of their successors.Officers
and the Sergeant may brevet in the field as needed.
(v)
A person shall not be eligible to serve more than three consecutive terms
in the same office.
(vi)Rank
is a progressive process.In order
to obtain rank of Sergeant, one must have been corporal within the unit
for a minimum of one year; an Officer must have been Sergeant within the
unit for at least one year.This
can be served through past service, not necessarily the prior year.
(vii)The
Company sword shall be presented by the outgoing military officer to the
newly elected officer at the end of the company elections.
(viii)
Any member holding rank who has not yet graduated high school must maintain
a GPA of C or higher each reporting period in order to maintain rank.If
the GPA falls below C, the member shall be placed on suspension of rank
until the next school reporting period.
2.Election
(a)There
shall be a nominating committee composed of three members, one of whom
shall be selected by the Board of Directors from its body, and two of whom
shall be elected by the membership at a regular meeting at least one month
prior to the election. The person receiving the highest number of votes
shall serve as chairman.
(b)The
nominating committee shall nominate one eligible person for each office
to be filled and report its nominees at the regular meeting in August at
which time additional nominations may be made from the floor.
(c)Only
those persons who have signified their consent to serve if elected shall
be nominated for or elected to such office.
3.Vacancy.
A
vacancy occurring in any office shall be filled for the unexpired term
by a person elected by a majority vote of the remaining members of Board
of Directors, notice of such election having been given.In
case a vacancy occurs in the office of President, the Vice President shall
serve notice of the election.
Article VI
Duties of Officers
Section 1 – Business Officers
1.The
President shall preside at all
meetings of the Corporation and of the Board of Directors at which he may
be present; shall perform such other duties as may be prescribed in these
Bylaws or assigned to him by the Corporation or by the Board of Directors
and shall coordinate the work of the officers and committees of the Corporation
in order that the purposes may be promoted.The
President shall appoint the newsletter editor, web master, recruiting officer,
and other special appointments as needed.
2.The
Vice
President shall act as aide to the President and shall perform the
duties of the President in the absence or disability of that officer to
act.
3.The
Secretary
shall record the minutes of all meetings of the corporation and of the
Board of Directors and shall perform such other duties as may be delegated
to him.
4.The
Treasurer
shall have custody of all of the funds of the corporation; shall keep
a full and accurate account of receipts and expenditures; and shall make
disbursements in accordance with the approved budget, as authorized by
the Corporation, the Board of Directors, or a special committee.The
Treasurer shall present a financial statement at every meeting of the Corporation
and at other times when requested by the Board of Directors and shall make
a full report at the annual meeting.The
Treasurer shall be responsible for the maintenance of such books of account
and records as conform to the requirements of the bylaws.The
Treasurer’s accounts shall be examined annually by an auditor, who, satisfied
that the Treasurer’s annual report is correct, shall sign a statement of
that fact at the end of the report.The
auditor shall be appointed by the Board of Directors at least two weeks
before the annual meeting.
5.All
Officers shall:
(a)Perform
the duties prescribed in the parliamentary authority in addition to those
outlined in these bylaws and those assigned from time to time.
(b)Deliver
to their successors all official material not later than ten days following
the election of their successors
(c)Review
the by-laws annually.The president
shall be responsible for presenting the status of bylaws at the January
meeting each year.
Section II – Military Officers
1.The
Officer - The holder of
the Officer position oversees all aspects of military operations at events
and serves as the Unit’s chief Liaison to the overall command structure.This
individual is an executive position at all events. This
individual ensures that the duties of all officers of the military organization
fall under the guidelines of period-appropriate documents such as Hardees
Manual 1862 and other standard military documents.
2.The
First Sergeant is the Unit’s
Primary Safety Officer. This Sergeant is in charge of the Company’s
Drill of Instruction, and sounds “First Call” of assembly at Events.
This Sergeant is also in charge of conducting all weapons inspections as
well as seeing to the health and safety concerns of members within the
ranks during drills and while at events. This Sergeant is in charge
of setting up and running of the Company, the Camp, and the Garrison, as
well as assigning and posting duties.The
First Sergeant’s theoretical instruction should include the School of the
Soldier, the School of the Company, and the Drill for Skirmishers.The
Sergeant shall oversee the Corporals and Platoons and ensure timely communication
through said non-commissioned officers through use of telephone and email..
3.First
Corporal assists the Sergeant
in discharging his safety duties, and is responsible for the safe practice
of rifle firings in the front rank at events. The First Corporal
is also responsible to ensure that all individuals have canteens filled
with water prior to the start of an event. The First Corporal sees
that the Company has adequate supplies of caps and cartridges before leaving
for the field.The Corporal’s theoretical
instruction should include the School of the Soldier.The
Corporal is responsible for communication with all soldiers in the corporal’s
platoon, and reporting back to the First Sergeant through use of telephone
and email.
4.The
Second Corporal assists the
First Corporal in discharging the First Corporal’s duties concerning the
safe practice of rifle firings in the front rank at events and other duties
as assigned.The Corporal’s theoretical
instruction should include the School of the Soldier.The
Corporal is responsible for communication with all soldiers in the corporal’s
platoon, and reporting back to the First Sergeant in a timely manner through
use of telephone and email.
5.The
Quartermaster is responsible
for overseeing the acquisition, maintenance, dispensing, collecting, setting
up, tearing down and transportation of the Unit’s community property to
and from all events. Community property may include, (but may not
be limited to): Flags, Uniforms, weapons, leathers, accessories,
cookware, tents, powder charges, percussion caps, etc.The
Unit’s community property may be distributed among the membership, with
the Quartermaster keeping a record of this property.
Article VII
Board of Directors
1.The
Board of Directors shall consist of the military and business officers
of the unit, with the President serving as Chairman.The
members of the Board of Directors shall serve until the election and qualification
of their successors. Any director may be reelected without limitation.
Article VIII
Meetings
1.Regular
meetings of the Corporation shall be held on the first Thursday of each
month at the
2.The
annual meeting shall be in August.
3.A
majority of the members present shall constitute a quorum for the transaction
of business in any meeting of the corporation.
4.Any
comments or opinions are limited to one three-minute time period per member.If
a member insists in going over the time allotment, then the presiding officer
will call time.If the member continues,
he/she will be asked to leave the meeting.
5.If
any issue is brought up that requires a majority vote, then the process
is as follows:
a.It
must be put in the form of a motion.
b.The
motion must be seconded.
c.A
time of discussion will follow.Time
limit: one three-minute comment per person.
d.At
the presiding officer’s discretion, an issue may be tabled to the next
regularly scheduled meeting.The officer
may appoint a committee to investigate this issue and report before the
final vote is called.An issue may
only be tabled after the presiding officer has exhausted all efforts to
resolve the issue.
e.After
nomination has been made and seconded to close the nominations, the presiding
officer will call for the vote.
f.Voting
on issues will be by show-of-hands, majority in attendance rules.
g.Election
of officers, both military and business, shall be by ballot.Majority
in attendance rules.
Article IX
Standing and Special Committees
1.The
Board of Directors may create such standing committees as it may deem necessary
to promote the purposes and carry on the work of the Corporation.The
term of each chairman shall be one year and until the election and qualification
of his successor.
2.The
chairman of each standing committee shall present a plan of work to the
Board of Directors for approval.No
committee work shall be undertaken without the consent of the Board of
Directors.
3.The
power to form special committees and appoint their members rests with the
corporation.
4.The
president shall be a member ex-officio of all committees except the nominating
committee.
Article X
Seal
The seal of the corporation
shall be as more particularly shown in the following impression:
Article XI
Amendments
These by-laws may be
amended, repealed, or altered in whole or in part by a majority vote at
any regular or special meeting of the Corporation.
Sept. 7, 2006
Charles D. Yeager, President
Michael H. Barnes, Officer
Butler Guards, 2nd SC Inf.