ARTICLE X: DISCIPLINE OF POST MEMBERS
Discipline of members resulting from incidents in the clubroom (canteen) or on Post #11 property will be the responsibility of the Board of Trustees. Discipline of members of the Post will be the responsibility of the Executive Committee.
The Board of Trustees may suspend club privileges of any person(s) committing an incident in the clubroom or on Post property. The Board of Trustees shall schedule a meeting between them and the person(s) involved in the incident within 72 hours of the incident being reported. The Judge Advocate will investigate and report his findings to the Executive Committee. If in the opinion of the Board of Trustees the incident is of such a nature to affect the Post in a legal situation the incident will be turned over to the Executive Committee.
Members of the Post may be suspended or expelled for any one or more of the following reasons:
(a) Failure to comply with any obligation imposed on members under the Constitution and By-Laws;
(b) Any violation of law that reflects unfavorably on the name of AMVETS;
(c) Any conduct unbecoming an AMVETS;
(d) Ineligibility for membership at time of acceptance into membership; or
(e) Procurement of membership by fraud or deception.
Any member of AMVETS may prefer charges against any other member alleging any of the forgoing causes for suspension or
expulsion. Such charges shall be made under oath setting forth the time and place of the offense or other basis for the charges, as near as may be practicable, and signed by the accuser.
All charges and specifications shall be filed with the Post Commander of the Post to which the member complained about
belongs. Upon receipt of said charges and specifications the Post Commander shall within five (5) days send a copy thereof by Certified Mail to tbe member complained about together with a notice fixing the date, place and time of the hearing. The hearing shall be held no more than thirty (30) days after date of mailing.
Said charges and specifications shall be heard by the Executive Committee the Post of which the accused is a member of.
The member who was complained about shall have the right to be represented by counsel and to cross examine his accuser or accusers and witnesses presented against him. No member against whom charges have been preferred, or who has preferred charges against another member, shall sit in judgment on any panel hearing or deciding the matter.
The Post Judge Advocate shall prosecute the charges and the attendance of a court reporter shall be permitted. (As per AMVETS National Constitution and BY-Laws, Page47, Appendix B, Section 5).
The presiding officer of said Executive Committee shall decide all questions as to the relevancy of evidence and the regularity of the proceedings.
On the conclusion of the hearing a vote shall be taken first as to whether there is a basis for the charge or charges and, if by the vote hereinafter mentioned, it is determined that there is no basis, the charges may be dismissed. If the charges are not dismissed then a vote shall be taken on the guilt or innocence of each of the charges and specifications. A two thirds (2/3) vote of the members of the Executive Committee hearing the charges and specifications shall be required to sustain any charge or specification. Voting herein provided for shall be secret or open as said Executive Committee may, by majority vote thereof, determine.
If any charge or specification is sustained then the member shall be deemed to be guilty thereof and the officer presiding at the hearing shall then put the question of the degree of punishment as to whether there shall be a suspension from the benefits of membership and if so, for how long, or whether there shall be an expulsion from membership.
Any member whose membership is suspended or forfeited may appeal to the next highest level applicable from that which heard charges and specifications, i.e. from Post Executive Committee to State Executive Committee. Notice of appeal must be filed in writing with the appellate body not later than fifteen (15) days after !he imposition of the penalty.
The decision of the appellate body shall be binding and final.
The procedure for the handling of any appeal to be heard by the Department Executive Committee shall be prescribed by the Department Judge Advocate and the procedure for the handling of an appeal to be heard by the Post Executive Comtnittee shall be prescribed by the Post Judge Advocate. No such procedure at any level, however, shall be inconsistent of, or in conflict with the National Constitution, or National, State, or Post By- Laws or this code.