Constitution

Section A. The name of this Private Organization (PO) will be the Bamberg Spouses and Civilians’ Club, hereinafter called BSCC, located in the Bamberg community, Germany, with an official mailing address of BSCC, CMR 459, APO, AE 09139.

Section B. BSCC is a service organization that supports a variety of activities of a social, cultural or educational benefit for the membership and financially supports a variety of organizations within the United States Military and the European civilian communities.

Section A. The BSCC shall operate with the approval of the Commander, United States Army Garrison (USAG), Bamberg, hereinafter referred to as Approving Authority. This approval is contingent on compliance with the requirements and conditions of all Army regulations, specifically DoDI 1000.15 (Private Organization Operating on DoD Installations), AR 600-20 (Army Command Policy), AR 600-29 (Fund-Raising within the Department of the Army), AR 210-22 (Private Organizations on Department of the Army Installations), and the AE Reg. 210-22 (Private Organization and Fundraising Policy).

Section B. The Approving Authority may discontinue the organization. The Approving Authority may withdraw permission to operate on the Army installation at any time. Notification by either party will be in writing. Upon termination, the Approving Authority may require written agreements that any abandoned PO assets will be considered as donations to the installation. The Approving Authority has final approval over their disposition. It should be clearly understood that the Approving Authority has the absolute discretion to determine whether the PO's continued operation is compatible with the Army's interest.

Section C. This organization is not an instrumentality of the United States, will be self--sustaining, and may not receive financial assistance from the Department of the Army (DA) or any Non-Appropriated Funds (NAF) activity. This organization will not duplicate or compete with a NAF or Appropriated Funds (AF) activity. Neither the DA nor United States Army, Europe (USAREUR) will assume any liability for this organization's debts.

Section D. All BSCC members, in accordance with host nation laws, will be personally liable to creditors, if the assets of the organization are insufficient to discharge all liabilities.

Section E. This organization does not discriminate in membership on the basis of race, color, religion, national origin, sex, or mental or physical disability. Furthermore, it will not accept invitations to participate in any activity or support any organization that does not conform to the USAREUR policy pertaining to such.

Section F. All BSCC members, upon joining the organization or renewing membership with the organization, are advised to read the Constitution and Bylaws. All elected and appointed

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Board of Governors (BOG), Advisors, and the Honorary President, are required to read and maintain a copy of the aforementioned documents. Upon joining, members will sign a statement found on the membership application acknowledging their responsibility to read the above mentioned documents.

Section A. BSCC will sponsor and/or support the following activities for members; that may include but are not limited to: board meetings; general membership meetings; monthly luncheons; special activities and classes such as book club, bridge, bunko, stitching, golf, and bowling; and fundraising activities such as raffles, basket auctions, and bazaars.

Section B. Any fundraising activities must have the written approval of the Approving Authority. Active duty and civilian employee members’ club activities must be in conformance with the Joint Ethics Regulation.

Section C. The BSCC has oversight and direct responsibility in the daily operations of the Bamberg Thrift Shop and the Wurzburg Thrift Shop, in accordance with AR 210-22 and AE Reg. 210-22.

1. 1. Proposed amendments to the Constitution shall be submitted in writing to the BOG for approval.

1. 2. The BOG may approve proposed amendments at any regular meeting by a simple majority vote provided a quorum is present.

1. 3. The articles of the Constitution shall be amended by a two-thirds (2/3) majority of members at a general membership meeting provided that a quorum of two-fifths (2/5) of the voting membership is present and that proposed changes are published to the membership at a previous general membership meeting.

1. 4. Amendments to the Constitution shall be submitted to the Approving Authority for approval.

Bylaws may be adopted, amended or repealed by a simple majority vote by the BOG members at a BOG meeting provided that a quorum is present. Amendments to Bylaws shall then be submitted for approval to the Approving Authority. Approved revisions of Bylaws must be published to the General Membership.

Section F. Amendments to the Constitution and Bylaws shall not conflict with Army or USAREUR regulations and/or directives.

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Section G. This Constitution will be reviewed every two years or upon request of the President, the Parliamentarian or at the direction of the Approving Authority. A special committee chaired by the Parliamentarian will review this Constitution and the accompanying Bylaws. The committee's report will first be presented to the BOG, followed by presentation to the General Membership. If no revision is required, a statement to that effect will be filed with the Approving Authority.

Section A. The BSCC membership shall consist of Active, Honorary, and Associate members.

1. 1. Active membership: Active membership is open to all Military personnel and Civilian US and NATO ID-card holders and their spouses and family members 18 years and older. Active members are entitled to vote, hold office and participate in all BSCC activities.

1. 2. Honorary membership: Honorary membership may be extended at the pleasure of the BOG. The spouse of the Senior Mission Commander and the President of the International Women’s Club shall be offered Honorary Membership. The number of Honorary Members shall not exceed five percent (5%) of the total membership. Honorary Members shall have no vote or hold elected office and shall not be required to pay dues. This membership does not refer to Honorary President.

1. 3. Associate membership: Associate membership may be extended to non-US forces/non-NATO personnel. Associate membership may be granted to US-citizen non-US ID card holders 18 years of age and older upon approval of the BOG. Associate membership may also be extended to others at the discretion of the BOG. The number of Associate members shall not exceed thirty percent (30%) of the total membership. Associate members shall be required to pay dues and have the right to vote but may not serve on the BOG.

Section B. Any eligible person shall be considered a member of the BSCC after:

1. 1. Fulfillment of Article II, Section F.

1. 2. Completion of an application for membership, which shall be available at every general membership meeting.

1. 3. Payment of dues, if required.

Section C. Membership is voluntary and may be terminated by:

1. 1. Written request of the member.

1. 2. Written request of the BOG.

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1. 3. Withdrawal of membership will be accepted upon written notification to the board; dues are not refundable.

Section D. Persons eligible for membership in the BSCC may attend only one (1) general membership meeting as a guest, as defined in Article III, Section A. Thereafter, persons must be members of BSCC.

Section A. The governing body of the BSCC shall be the BOG, which consists of:

1. 1. The Executive Committee composed of the elected officers (President, 1st Vice President, 2nd Vice President, Secretary, and Treasurer), Honorary President, Advisors, and Parliamentarian. Each Executive Committee member shall have one vote with the exception of the Honorary President, Advisors, and Parliamentarian, which will be non-voting members. Additionally, the President will vote only to break a tie.

1. 2. Standing Committee Chairs shall have one vote:

1. A. Activities
2. B. Bazaar
3. C. Education
4. D. Historian
5. E. Hospitality
6. F. Membership
7. G. Newsletter
8. H. Property
9. I. Publicity
10. J. Reservations
11. K. Thrift Shop (s)
12. L. Ways and Means
13. M. Webmaster
14. N. Welfare

Section B. The Honorary President and Advisors shall consist of the following:

1. 1. The spouse of the Senior Mission Commander, USAG, or designee, shall be invited to serve as the Honorary President. The Honorary President:
2. A. Serves on the Executive Committee and BOG as a non-voting member;

1. B. Appoints the BSCC Advisors as a non-voting BOG member; and

1. C. Appoints additional Advisors to committees to include Thrift Shop (s), and Bazaar, as deemed necessary. These Advisors shall be non-voting Members of the BOG.

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1. 2. The Advisors, designated by the Honorary President are (1) a spouse of a senior office, and (2) a spouse of a senior non-commissioned officer.

Section C. No paid employee of the BSCC shall serve on the BOG or the Executive Committee.

Section A. The position descriptions of elected/appointed officers, standing committee chairs and special committee chairs are contained in the Bylaws.

Section B. The Executive Board and BOG shall have supervision and direction over all activities, operations and disbursements of the BSCC. All contracts on behalf of the BSCC will be approved and signed by an Executive Board member.

Section C. The President, on the advice of the Executive Board, shall designate time and place of meetings which shall normally be held monthly. The President may cancel the meeting if there isn’t any business to discuss.

Section D. The BSCC shall, by action of the Executive Board, indemnify any member who incurs a personal liability to a third party as a result of entering into a contract or agreement on behalf of the BSCC as an officer, chair, or otherwise, provided said actions were previously approved by the Executive Board and the member acted within the scope of that approval.

Section A. Elections shall be held annually at a general membership meeting. Term of office shall be one club year (1 June – 31 May).

1. 1. Quorums are defined in Article XII, Section B of this constitution. All nominees require a majority vote to be elected. There shall be no absentee or proxy vote.
2. 2. In the event of a vacancy of an elected office, except in the office of the President, the office shall be filled by appointment made by the President and approved by the BOG. If the Presidency is vacated at any time, this position shall be filled by the 1st Vice President. In the event the 1st Vice President is unable, declines or is unavailable to serve, the position will be filled by a nominee selected by the BOG and elected by the General Membership.

Section B. Voting procedures of the BSCC: A quorum must be present to vote at business meetings of the BSCC. There shall be no absentee or proxy vote. Quorums are defined in Article XII, Section B of this constitution.

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Section A. Income shall be derived from:

Section B. Funds shall be maintained in approved community checking accounts in accordance with USAREUR PO regulations.

Section A. The BSCC is subject to Host Nation and U.S. tax laws.

Section B. The BSCC is not a United States employer. The United States Employment Tax Regulations are not responsible for withholding U.S. income taxes and Federal Insurance Contribution Act deductions.

Section C. The BSCC may not purchase any items using the Value Added Tax (VAT) exemption forms.

Section A. Any member of the BSCC with access to cash on hand, cash in the bank, or merchandise with a value of over $1,000.00 will be bonded at BSCC expense in an amount sufficient to provide full protection of assets.

Section B. The BSCC is not eligible for the Risk Management Program (NAF Insurance Program, AR 215-1).

Section C. Insurance and bonding coverage must be obtained from a commercial firm. The coverage must be adequate for protection against public liability claims, property damage claims, or other legal actions arising from BSCC activities. The coverage must also be adequate for protection for claims against one or more of the BSCC members acting on behalf of the BSCC,

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or the operation of any equipment, apparatus, or device under the control and responsibility of the BSCC.

Section D. The Thrift Shops shall adhere to the same requirements as the BSCC.

Section A. BSCC may hold the following meetings:

Section B. A quorum must be present to vote at business meetings of the BSCC.

Section A. Dissolution of the BSCC may be approved at any time by a simple majority vote of the General Membership, on advice of the Honorary President and President, or by order of the Approving Authority. Inactivation of the BSCC may be accomplished at any time by simple majority vote of the Active Membership on advice of the Honorary President and/or the President.

Section B. Upon dissolution or inactivation of the BSCC, 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 as determined by the Executive Committee.

Section C. Upon dissolution or inactivation of the BSCC, all property at the time will be disposed of as determined by the Executive Committee and shall be distributed equally between Army Community Service, The Community Activity Center, the Elementary School and/or the High School.

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Section D. Upon dissolution of the BSCC, the Thrift Shop(s) shall be dissolved or removed from BSCC responsibility in accordance with AE Reg. 210-22.