Constitution and Bylaws


13TH COSCOM ASSOCIATION
CONSTITUTION
9 June 2015 

Article I – Organization Title

This organization shall be called the “13th COSCOM Association” or “13th CCA.”  This title encompasses the 13th Sustainment Command (Expeditionary) (13th ESC or 13th SC(E)), the 13th Corps Support Command (13th COSCOM), the 13th Support Command (13th SUPCOM), and the 13th Support Brigade (13th SPT BDE).  The approving authority for this private organization to operate on Fort Hood is the installation command IAW DODI 1000.15, DOD 5500.7-R (JER), AR 210-22, AR 215-1, and FH Regulation 210-56.

Article II – Purpose

The purpose of the 13th COSCOM Association is to represent past, present, future members of the 13th Sustainment Command (Expeditionary) (13th ESC or 13th SC(E)), 13th Corps Support Command (13th COSCOM), 13th Support Command (13th SUPCOM), 13th Support Brigade (13th SPT BDE), and distinguished friends of these units and build the esprit of all members. This organization shall contribute to the advancement and improvement of the quality of life on the installation.

Article III – General Provisions

This organization shall be self-sustaining, primarily through contributions, corporate sponsorships, fundraising, service charges, fees, or special assessments of members.  There shall be no financial assistance from a non-appropriated fund instrumentality in the form of contributions, repairs, services, dividends or other donations of money or other assets.

Article IV – Membership 

  1. Membership in the 13th CCA shall be voluntary and shall consist of individual and corporate members.
  1. Individual membership is generally limited to Soldiers and Veterans currently or previously assigned to the 13th ESC or its predecessor units. However, individual membership may be granted by the Board of Directors to volunteers from other member associations and other select individuals based on demonstrated support to the association.
  1. Corporate memberships are available to any business or organization interested in supporting the 13th CCA, providing the business or organization is not involved in activities that would bring discredit upon the association.
  1. Membership shall be withdrawn at the request of the member or by majority vote of the Board of Directors for cause. The association reserves the right to refuse and revoke membership of personnel released for standards from the 13th ESC or its predecessor units.
  1. The majority of membership shall consist of DOD personnel, Veterans and retirees.
  1. The 13th CCA will not have any paid employees.
  1. The 13th COSCOM Association fully supports the Fort Hood policy on equal opportunity. The 13th CCA will not tolerate discrimination or harassment based on race, color, creed, religion, sex, gender, national origin, citizenship, ethnicity, marital status, age, disability, sexual orientation, gender identity and gender expression, genetic information, veteran status, or any other status protected by applicable law to the extent prohibited by law. This policy applies to both membership in the association and participation in any association functions or activities.
  1. The 13th COSCOM Association will not propagate extremist activities nor advocate violence against others, or the violent overthrow of the Government.
  1. The 13th COSCOM Association will not seek to deprive individuals of their civil rights.

Article V – Method of Financing

  1. The organization is and shall be a financially self-sustaining, non-governmental organization, constituted, established, and operated by individuals acting exclusively outside the scope of any official capacity as officers, employees, or agents of the government. The organization is not established nor operated pursuant to authority vested in the Army or any official thereof.
  1. The revenue necessary to pursue the objectives of this organization shall be derived from corporate members, donations made to the association, and from revenue producing activities entered into by the association when required, approved, and conducted under the guidance and supervision of the Board of Directors.
  1. Corporate memberships are $100, renewed on an annual basis.
  1. The Treasurer’s books shall be subjected to biennial audit by an independent committee of Board of Directors members and / or disinterested external parties and will be subject to review by Office of the Inspector General as well as in accordance with paragraph 2-7, AR 210-22.
  1. In no event will the United States Government be held liable, in fact or spirit, for an indebtedness incurred by the members of this organization.
  1. The Board of Directors shall expressly approve all expenditures for the operation of this organization and shall ensure that all disbursements are within the purpose for which this organization was established, in accordance with sound business practices, and within the budget.
  1. The organization year, fiscal year, and membership year shall run from 1 January to 31 December.
  1. The Association shall operate a Daily Operating Fund that will allow for the execution of required daily transactions. The Treasurer will account for all expenditures within the Daily Operating Fund prior to any portion of the fund being replenished.  The Treasurer will report the status of the Daily Operating Fund to the Board of Directors on a monthly basis and provide DFMWR a monthly financial report.
  1. The 13th COSCOM Association will reimburse the US Army for utility expenses if the decision is made to routinely conduct Association meetings on Fort Hood.

Article VI – Activities

To achieve its purpose, the 13th CCA adopts the following objectives:

  • Support the Soldiers of the 13th ESC
  • Maintain a tribute to 13th ESC fallen
  • Help educate the 13th ESC family
  • Record the history of the 13th ESC
  • Be the 13th ESC Veteran connection
  • Link 13th ESC to the local Community

Article VII – Meetings and Quorums

  1. General Membership Meetings. The general membership will meet annually during Birthday Week and such other times as deemed necessary by the Board of Directors. At each meeting, the Treasurer will render a financial status report.  Majority vote of the members present will govern any issues called to vote.
  1. Board of Directors Meetings.

a. The Board of Directors shall meet on a monthly basis. Majority vote of the Board members present (elected and appointed) will govern any issues called to vote.

b. Special meetings of the Board of Directors may be called at the request of any Board member.

Article VIII – Dissolution

Upon dissolution of the organization by an affirmation vote of a majority of the general membership, without any provision to meet again in the future, all funds in the treasury at the time will be used to meet any outstanding debts, liabilities, or obligations.  The balance of these assets will be disposed of in a manner consistent with all state and local laws. 

Article IX – Adoptions and Amendments

  1. Adoption.

a. All activities and functions of this organization shall be in accordance with applicable Army regulations and as approved by the installation commander.

b. This constitution shall become effective upon adoption in a duly constituted and regular or special meeting of the general membership and by a majority vote of the members present. This constitution shall then supersede all previous constitutions and amendments except that it shall not be entered into under the terms of previous constitutions until such terms of agreements of contracts shall have reached their expiration dates.

  1. Amendments. Amendments to the Constitution and/or Bylaws are subject to final approval by the installation commander.

a. Notice of amendments to the constitution must be given to the Board of Directors prior to representation for a vote at a regular or special meeting of the General Membership.

b. Amendments to the constitution must be approved by:

1)  Majority vote of the members of the Board of Directors present and voting in a duly constituted regular or special meeting of the Board, and;

2)  Majority vote of the members present and voting in a duly constituted, regular or special meeting of the general membership, and;

3)  The installation commander or his/her designee.

3. Bylaws may be amended by a majority vote of the Board of Directors present and voting in a duly constituted meeting. A Member desiring to propose an amendment shall present same in writing with his/her signature to the Board of Directors. The Board shall consider the amendment at its next meeting.

 

13TH COSCOM ASSOCIATION
BYLAWS
9 June 2015 

Article I – Officers and Governing Body

  1. Elected Officers. Elected officers of the organization shall be the President, Vice President, Treasurer, and Secretary. Elected officers will serve for a term of two years, with each term beginning on 1 October following the General Membership meeting in which they are elected, and ending on 30 September following the election of a successor.  If an elected officer resigns prior to vote to replace him, then the Board of Directors will appoint a replacement until the next general membership meeting.

a. President – the President is responsible for the general management of the association and serves as the face of the Association to the public.

b. Vice President – the Vice President is second in responsibility for the general management of the Association. He or she serves as the face of the association to the public in the absence of the President.

c. Secretary – The Secretary is responsible for the administrative operations of the association. He or she keeps the minutes of the 13th CCA Board of Directors meetings and all historical files.

d. Treasurer – the Treasurer is responsible for the funds of the 13th CCA. He or she keeps all records of financial transactions, accounts for the cash flow of the organization, and prepares the records for any routine or special audits and prepares monthly reports to the Board of Directors.

2. Appointed Board Members. Appointed Board members shall be the chairperson of each committee as appointed and accepted by the elected officers. Each committee chairman shall appoint the members of the committee.  Appointed Board members will serve for a term of two years or until completion of the mission of the committee.  Appointed Board members may include, but are not limited to:

a. Public Affairs Officer (PAO) – appointed to advance awareness of the organization, its purpose and goals.

b. 13th ESC Command Representative – recommended by the command in order to represent its interest with the 13th CCA and provide liaison between the command and the 13th CCA.

c. Civilian Community Representative – appointed to represent the 13th CCA to the local community.

d. Individual Membership Chairman – appointed to maintain the roles of the organization and coordinate and conduct membership drives. Also responsible for assisting the President with the awarding of 13th CCA certificates and performing other duties as required.

e. Corporate Membership Chairman – appointed to seek new corporate partners, maintain relationships with current corporate partners, and to conduct annual invoicing to renew corporate partners.

f. Scholarship Chairman – appointed to administer the 13th CCA scholarship program.

g. Birthday Week Chairman – appointed to coordinate the fundraising for, setup and execution of the annual Birthday Week and associated activities.

h. Election Committee Chairman: Appointed to prepare a slate of officers for the next term and conduct the election during the next Birthday Week. Also responsible for nominating candidates for the 13th CCA Hall of Fame.

  1. Nominations, elections, terms of office, and duties are as outlined in the Bylaws. Elected officers of the organization will be elected annually during Birthday Week.  Officers will be elected by a majority vote of the members present.
  1. The organization shall be administered in accordance with the approved Constitution and Bylaws of the organization under the supervision of the Board of Directors.
  1. The Board of Directors will consist of elected and appointed officers. The Board will be chaired by either the President or another elected Board member as delegated by the President.
  1. The Board of Directors shall carry out the purpose and objectives of the organization by approving the transaction of its routine business in accordance with the approved Constitution and established policies and shall make and enforce such Bylaws as are necessary for the government of this organization.
  1. The Board of Directors shall hold monthly meetings in order to conduct routine business.
  1. The Board of Directors may designate Honorary Positions, such as honorary Commander of the Regiment and/or honorary Sergeant Major of the Regiment. These positions will remain in effect for one year, and may be extended, as approved by the Board of Directors.

Article II – Elections and Voting

  1. Elections to the Board of Directors are conducted every two years. Nominations to the Board of Directors ballot are made by the election committee.  Once the ballot is completed by the election committee, the election is then conducted during the annual Birthday Week.
  1. Terms of office for the Board of Directors are two years. In the case where an incumbent is to be replaced or leaves office, the Board of Directors will elect a replacement by a simple majority vote.  In the case where a majority cannot be determined the President will cast the deciding vote.  In the case of the absence of the President, the Vice President will cast the deciding vote.
  1. Elections will be announced to the general membership over the internet by the Board of Directors. Members will be required to provide an email address when joining the 13th CCA.

Article III – Special Committees

Special committees are appointed by the Board of Directors.  The appointed, tenure, dissolution, and scope of responsibility will be delineated in an adoption or amendment to the Constitution and/or Bylaws.

Article IV – Finances and Taxes

  1. The 13th CCA is established as An IRS 501(c) (3) tax exempt private organization under the provisions of Army Regulation 210-22 and it supplements. It exists on the military installation at the discretion of and written consent of the installation commander.  Such consent shall be contingent upon the following requirements and conditions as may be appropriate.

a. That neither the Army, nor a non-appropriated fund, as defined in AR 210-22 and its supplements, shall assert claim to the assets of the organization; nor shall the Army or any non-appropriated fund incur any obligation on behalf of the organization and become personally liable for the obligations and debts of the organization.

b. That the nature and authorized function of the organization, together with provisions for proper disposition of residual assets and liabilities upon dissolution, will be established in the Constitution and Bylaws, charter or articles of agreement.

c. That the organization is self-sustaining and receives no support, assistance or facilities from the Army or from defined non-appropriated funds IAW AR 210-22 and its supplements, except as provided in AR 215-1 and AR 420-80.

d. That the installation commander has authority to enforce compliance by the organization with conditions enumerated herein, to inquire into their activities and to withdraw his/her consent from its existence on this installation if deemed necessary in the interest of the Government.

e. The Board of Directors shall arrange for routine audits (biennially) and change of Treasurer audits (as required) of financial records and accounts.

f. The 13th CCA shall comply with all applicable local, State, and Federal tax laws. The Association shall ensure applicable fire and safety regulations, environmental laws, and any other applicable regulations are complied with.

g. The 13th COSCOM Association will reimburse the US Army for utility expenses if the decision is made to routinely conduct Association meetings on Fort Hood.

Article V – Insurance Coverage

As necessary, the 13th CCA will carry insurance adequate enough to protect the Association against public liability, property damage or other legal actions that may arise as a result of activities conducted by the organization, one or more of its members acting in its behalf, the operation of any equipment, apparatus or device under the control and responsibility of the Association.

Article VI – Property

The property of this Association shall consist of such articles as may properly come into its possession.  The property shall be accounted for by the Treasurer in accordance with (IAW) sound business practices using Chapter 9, AR 215-5 as a guide.

Article VII – Historical Files and Records

  1. A historical file consisting of the following permanent records will be maintained by the recording Secretary.

a. Original Constitution with all current revisions.

b. Original Bylaws with all current revisions.

c. Records of approval of Constitution and Bylaws and all amendments thereto.

d. Current list of members.

e. Copy of last audit.

  1. All records of this Association, excluding permanent files and the uncompleted checkbook, will be cut off at the end of the calendar year, held at least three years after which time they may be destroyed. The checkbook will be placed with related records when it is completed, using the applicable provisions of AR 25-400-2 as a guide.

Article VIII – Activities

  1. This organization will conduct activities in support of the purpose of the organization. Some of the activities which will be conducted in accordance with the purpose of the organization include purchasing and presenting awards and gifts; hosting of dinners, receptions, and other similar socials; and purchasing materials necessary to support the purpose of this organization.
  1. Programs and activities conducted shall not prejudice or discredit the military service or other agencies of the United States Government.
  1. The organization will not engage in activities, which are in conflict with authorized activities or nonappropriated funds defined in AR 210-22.
  1. Under provisions of AR 210-22 all funds will comply with local, state, and federal tax laws.
  1. The 13th COSCOM Association will not propagate extremist activities nor advocate violence against others, or the violent overthrow of the Government.
  1. The 13th COSCOM Association will not seek to deprive individuals of their civil rights.

The Constitution and Bylaws was approved by the Executive Board at a regular meeting held on 9 June 2015.

The Constitution and Bylaws was adopted by the general membership at the regular meeting on 24 September 2015.