Bylaws of the
Navy & Marine Living History Association, Inc.
The principal office of the Corporation is located in
CHANGE OF ADDRESS
The designation of the county or state of the Corporation's principal office may be changed by amendment of these Bylaws. The Board of Directors may change the principal office from one location to another within the named county by noting the changed address and effective date below, and such changes of address shall not be deemed, nor require, an amendment of these Bylaws:
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The Corporation may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the Board of Directors may, from time to time, designate.
IRC SECTION 501(c)(3) PURPOSES
This Corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
SPECIFIC OBJECTIVES AND PURPOSES
The specific objectives and purposes of this Corporation
(a) to further the public's awareness and understanding of Navy and Marine history from the early colonial through 1900 AD;
(b) to establish, sponsor living history and reenacting units (ship's and marine companies) that will specialize in specific time periods of Naval History;
(c) to sponsor training programs for reenactors that will teach proper drills and safety;
(d) to perform, sponsor and support Historical Research and Preservation of Naval History;
(e) to share research relevant to Naval History through lectures, seminars, round-table discussions, living history encampments, and reenactments of historical events;
(f) to work with other organizations with similar objectives to establish, organize, sponsor, and participate in living history encampments and reenactments of historical events;
(g) to engage in other activities related to raising the public's awareness and understanding of Naval History events and their effect upon our culture.
The Corporation shall have Directors, one from each member unit, and collectively they shall be known as the Board of Directors.
Directors shall be of the age of majority in their respective state. Other qualifications for Directors of this Corporation shall be as follows:
The Directors must be fully dedicated to the furthering of the public's awareness and understanding of Naval History, preservation, and diverse perspectives of that history.
No Member unit, for the purpose of determining a representative to the Board, may count as members any individual who is not a currently active, paid member of the unit.
No Director may be a member of any hate group, or
organization that promotes racial superiority, or the overthrow of the
government or the Constitution of the
Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these Bylaws relating to action required or permitted to be taken or approved by the Members, if any, of this Corporation, the activities and affairs of this Corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors.
It shall be the duty of the Directors to:
(a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation, or by these Bylaws;
(b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all Officers or agents of the corporations;
(c) Supervise all Officers and Agents of the Corporation to assure that their duties are performed properly;
(d) Meet at such times and places as required by these Bylaws;
(e) Register their addresses with the Secretary of the Corporation, and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof.
TERM OF OFFICE
Each Director shall hold office for whatever period their
Directors shall serve without compensation except that a reasonable fee may be paid to Directors for attending regular and special meetings of the Board. In addition, they shall be allowed reasonable advancement or reimbursement of expenses incurred in the performance of their duties.
PLACE OF MEETINGS
Meetings shall be held at the principal office of the Corporation unless provided by the Board or at such other place as may be designated from time to time by resolution of the Board of Directors. Attendance via electronic means will be an acceptable means.
Regular meetings of Directors shall be held quarterly on the second Saturday of January, April, July, and October at 1:00 PM. If said day falls on a legal holiday, the regular meeting shall be held at the same hour and place on the next Saturday.
If this Corporation makes no provision for Members, then, at the regular meeting of Directors held on the second Saturday of January, Directors shall be elected by the Board of Directors. Voting for the election of Directors shall be by written ballot. Each Director shall cast one (1) vote per candidate, and may vote for as many candidates as the number of candidates to be elected to the Board. The candidates receiving the highest number of votes up to the number of Directors to be elected shall be elected to serve on the Board.
Special meetings of the Board of Directors may be called by the President, the Vice-President, the Secretary, the Treasurer, by any three (3) Directors, or, if different, by the persons specifically authorized under the laws of this state to call special meetings of the Board. Such meetings shall be held at the principal office of the Corporation, or, if different, at the place designated by the person or persons calling the special meeting or by electronic means.
NOTICE OF MEETINGS
Unless otherwise provided by the Articles of Incorporation, these Bylaws, or provisions of law, the following provisions shall govern the giving of notice for meetings of the Board of Directors:
(a) Regular Meetings. No special notice need be given
of any regular meeting of the Board of Directors beyond the pre-arranged
(b) Special Meetings. At least one (1) week prior notice shall be
given by the Secretary of the Corporation to each Director of each special meeting of the Board. Such notice may be oral or written, may be given personally, by first class mail, by telephone, by electronic mail, or by facsimile machine, and shall state the place or electronic method, date and time of the meeting and the matters proposed to be acted upon at the meeting. In the case of facsimile notification, the Director to be contacted shall acknowledge personal receipt of the facsimile notice by a return message or telephone call within twenty-four hours of the first electronic mail or facsimile transmission.
(c) Waiver of Notice. Whenever any notice of a meeting is required to be given to any Director of this Corporation under provisions of the Article of Incorporation, these Bylaws, or the law of this state, a waiver of notice in writing or by e-mail signed by the Director, whether before or after the time of the meeting, shall be equivalent to the giving of such notice.
QUORUM FOR MEETINGS
A quorum shall consist of a majority of the Members of the Board of Directors.
Except as otherwise provided under the Articles of Incorporation, these Bylaws, or provisions of law, no business shall be considered by the Board at any meeting at which the required quorum is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn.
MAJORITY ACTION AS BOARD ACTION
Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation, these Bylaws, or provisions of law requires a greater percentage or different voting rules for approval of a matter by the Board.
CONDUCT OF MEETINGS
Meetings of the Board of Directors shall be presided over
by the President of the Corporation or, in his or her absence, by the Vice
President of the Corporation or, in the absence of each of these persons, by a
Chairperson chosen by a majority of the Directors present at the meeting. The
Secretary of the Corporation shall act as secretary and parliamentarian of all
meetings of the Board, provided that, in his or her absence, the presiding
Officer shall appoint another person to act as Secretary of the meeting.
Vacancies on the Board of Directors shall exist (1) on the death, resignation, or removal of any Director, and (2) whenever the number of authorized Directors is increased.
Any Director may resign effective upon giving written notice the President, the Secretary, or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. No Director may resign if the Corporation would then be left without a duly elected Director or Directors in charge of its affairs, except upon notice to the Office of the Attorney General or other appropriate agency of the state.
Directors may be removed from office, with cause, or as permitted by and in accordance with the laws of the state in which this document is filed.
Unless otherwise prohibited by the Articles of Incorporation, these Bylaws or provisions of law, vacancies on the Board may be filled by the represented Member unit and at the approval of the Board of Directors. If the number of Directors then in office is less than a quorum, a vacancy on the Board may be filled by approval of a majority of the Directors then in office or by a sole remaining Director. A person so appointed to fill a vacancy on the Board shall remain at the discretion of the Member unit or until his or her death, resignation or removal from office.
NON-LIABILITY OF DIRECTORS
The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation.
INDEMNIFICATION BY CORPORATION OF DIRECTORS AND OFFICERS
The Directors and Officers of the Corporation shall be indemnified by the Corporation to the fullest extent permissible under the laws of the state in which this document is filed.
INSURANCE FOR CORPORATE AGENTS
Except as may be otherwise provided under provisions of
law, the Board of Directors may adopt a resolution authorizing the purchase
and maintenance of insurance on behalf of any agent of the Corporation
(including an Officer, or other agent of the Corporation) against liabilities
asserted against or incurred by the agent in such capacity or arising out of
the agent's status of such, whether or not the Corporation would have the
power to indemnify the agent against such liabilities under the Articles of
Incorporation, these Bylaws or provisions of law.
DESIGNATION OF OFFICERS
The Officers of the Corporation shall be a President, Vice President, Secretary, and a Treasurer to include Assistant Secretaries, Assistant Treasurers, and other such Officers with such titles as may be determined from time to time by the Board of Directors. Officers of the corporation are purely administrative positions, which carry no military rank or authority "on the deck or in the field."
REMOVAL AND RESIGNATION
Any Officer may be removed, with cause, by vote of the
Board of Directors at any time. Any Officer may resign at any time by giving
written notice to the Board of Directors or to the President or Secretary of
the Corporation. Any such resignation shall take effect at the date of receipt
of such notice or at any later date specified therein, and, unless otherwise
specified therein, the acceptance of such resignation shall not be necessary
to make it effective. The above provisions of this Section shall be superseded
by any conflicting terms of a contract which has been approved or ratified by
the Board of Directors relating to the employment of any Officer of the
Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any Officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of Officers appointed at the discretion of the Board may or may not be filled as the Board shall determine.
DUTIES OF PRESIDENT
The President shall be the chief executive Officer (CEO) of the Corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the Corporation and the activities of the Officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which may be prescribed from time to time by the Board of Directors. The President shall preside at all meetings of the Board of Directors and, if this Corporation has Members, at all meetings of the Members. Except as otherwise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the Corporation, execute such deeds, mortgages, bonds, contracts, checks, or other instruments which may from time to time by authorized by the Board of Directors.
DUTIES OF VICE PRESIDENT
In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice President shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these Bylaws, or as may be prescribed by the Board of Directors.
DUTIES OF SECRETARY
The Secretary shall:
Certify and keep at the principal office of the
Corporation the original, or a copy, of these Bylaws as amended or otherwise
altered to date.
Keep at the principal office of the Corporation or at such other place as the Board may determine, a book of minutes of all meetings of the Directors, and, if applicable, meetings of the committees of Directors and of Members, recording therein the time and place of holding, whether regular or special, the names of those present or represented at the meeting, and the proceedings thereof.
See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law.
Prepare agendas for all meetings of the Board of Directors.
Be custodian of the records and of the seal of the Corporation and affix the seal, as authorized by law or the provisions of these Bylaws, to duly execute documents of the Corporation.
Keep at the principal office of the Corporation a Membership book containing the name and address of each and any Members, and, in the case where any Membership has been terminated, he or she shall record such fact in the Membership book together with the date on which such Membership ceased.
Exhibit at all reasonable times to any Director of the Corporation, or to his or her agent or attorney, on request thereof, the Bylaws, the Membership book, and the minutes of the proceedings of the Directors of the Corporation.
Prepare, or cause to be prepared, and certify, or cause to be certified, all reports required by law, the Articles of Incorporation, or these Bylaws. In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which may be assigned to him or her from time to time by the Board of Directors.
DUTIES OF TREASURER
The Treasurer shall be the chief financial Officer (CFO) of the Corporation and shall, subject to the control of the Board of Directors:
Have charge and custody of, and be responsible for, all funds and securities of the Corporation, and deposit all such funds in the name of the Corporation in such banks, trust companies, or other depositories as shall be selected by the Board of Directors.
Receive, and give receipt for, moneys due and payable to the Corporation from any source whatsoever.
Disburse, or cause to be disbursed, the funds of the Corporation as may be directed by the Board of Directors, taking proper vouchers for such disbursements.
Keep and maintain adequate and correct accounts of the Corporation's properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses.
Exhibit at all reasonable times the books of account and financial records to any Director of the Corporation, or to his agent or attorney, on request thereof.
Render to the President, whenever requested, an account of any or all of his or her transactions as Treasurer and of the financial condition of the Corporation.
Prepare, or cause to be prepared, a summary financial report to be presented to the Board of Directors at each regular meeting of the Board of Directors.
Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports.
In general, perform all duties incident to the office of
Treasurer and such other duties as may be required by law, by the Articles of
Incorporation of the Corporation, or by these Bylaws, or which may be assigned
to him or her from time to time by the Board of Directors.
The Executive Committee shall consist of the CEO of the Corporation and two or more members elected from the board, by the board. This committee shall handle the business of the corporation between the times when the board meets.
The Corporation shall have such other committees as may from time to time be designated by resolution of the Board of Directors. These committees may consist of persons who are not also Members of the Board of Directors and shall act in an advisory capacity to the Board of Directors.
MEETINGS AND ACTION OF COMMITTEES
Meetings and actions of committees shall be governed by,
noticed, held and taken in accordance with the provisions of these Bylaws
concerning meetings of the Board of Directors, with such changes in the
context of such Bylaw provisions as are necessary to substitute the committee
and its Members for the Board of Directors and its Members, except that the
time for regular and special meetings of the committees may be fixed by
resolution of the Board of Directors or by the committee. The Board of
Directors may also adopt rules and regulations pertaining to the conduct of
meetings of committees to the extent that such rules and regulations are not
inconsistent with the provisions of these Bylaws.
REENACTING AND LIVING HISTORY UNITS
SHIP'S AND MARINE COMPANIES
Reenacting and living history units (ship's company;
marine detachment or company) shall make up the Members of the Corporation.
The use of the term "Members" within the Bylaws shall be so defined.
Because different time periods had different military organizations, each reenacting and living history unit (ship's company; marine detachment or company) will be responsible for researching and establishing their own standards.
EXECUTION OF INSTRUMENTS, DEPOSITS AND FUNDS
EXECUTION OF INSTRUMENTS
The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any Officer or agent of the Corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Unless so authorized, no Officer or agent shall have any power or authority to bind the Corporation, or any member unit by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.
CHECKS AND NOTES
Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the Corporation shall be signed by the Treasurer and countersigned by the President of the Corporation. Signatures may be made electronically.
All funds of the Corporation shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select.
The Board of Directors may accept on behalf of the
Corporation any contribution, gift, or bequest for the nonprofit purpose of
CORPORATE RECORDS, REPORTS AND SEAL
MAINTENANCE OF CORPORATE RECORDS
The Corporation shall keep at its principal office:
Minutes of all meetings of Directors, committees of the Board of Directors
and, if this Corporation has Members, of all meetings of Members, indicating
the time and place of holding such meetings, whether regular or special, how
called, the notice given, and the names of those present at the proceedings
(b) Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains, and losses.
(c) A record of its Members, if any, indicating their unit names and addresses and, if applicable, and the termination date of any Membership;
(d) A copy of the Corporation's Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the Members, if any, of the Corporation at all reasonable times during office hours.
The Board of Directors may adopt, use, and at will alter, a corporate seal. Such seal shall be kept at the principal office of the Corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument.
DIRECTORS' INSPECTION RIGHTS
Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of the Corporation and shall have such other rights to inspect the books, records and properties of this Corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws, and provisions of law.
MEMBERS' INSPECTION RIGHTS
If this Corporation has any Members, then each and every
Member shall have the following inspection rights, for a purpose reasonably
related to such person's interest as a Member:
(a) To inspect and copy the record of all Member's unit names, and addresses, at reasonable times, upon written demand on the Secretary of the Corporation, which demand shall state the purpose for which the inspection rights are requested. Thus having, no Member shall sell, transmit, communicate, or other wise transfer said list for any purpose other than activities directly related to the operation of the Corporation.;
(b) To inspect at any reasonable time the books, records, or minutes of proceedings of the Board or committees of the Board of Directors, upon written demand on the Secretary of the Corporation by the Member, for a purpose reasonably related to such person's interests as a Member.
Members shall have such other rights to inspect the books, records and properties of this Corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws, and provisions of law.
RIGHT TO COPY AND MAKE EXTRACTS
Any inspection under the provisions of this Article may be made in person or by agent or attorney and the right to inspection shall include any right to copy and make extracts, except as provided above.
The Board of Directors shall cause any annual or periodic report required under law to be prepared and delivered to an office of the appropriate state or to the Members, if any, of this Corporation, to be so prepared and delivered within the time limits set by law.
The fiscal year of the Corporation shall be the calendar year.
Any Member of the Board of Directors, Officer, or Member,
if any, may request an item be placed on the agenda for a meeting of the Board
of Directors. The request must be received no less than two (2) weeks before
the meeting to be included on the agenda for that meeting.
IRC 501(c)(3) TAX EXEMPTION PROVISIONS
LIMITATIONS ON ACTIVITIES
No substantial part of the activities of this Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation [except as otherwise provided by Section 501(h) of the Internal Revenue Code], and this Corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office.
Notwithstanding any other provision of these Bylaws, this Corporation shall not carry on any other activities not permitted to be carried on (a) by a Corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code or (b) by a Corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code.
PROHIBITION AGAINST PRIVATE INUREMENT
No part of the net earnings of this Corporation shall inure to the benefit of, or be distributable to, its Directors, Officers, or other private persons, except that this Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this Corporation.
DISTRIBUTION OF ASSETS
Upon the dissolution of this Corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this Corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to a state or local government, for a public purpose, or to another qualifying 501(c)(3). Such distribution shall be made in accordance with all applicable provisions of the laws of this state.
PRIVATE FOUNDATION REQUIREMENTS AND RESTRICTIONS
In any taxable year in which this Corporation is a
private foundation as described in Section 509(a) of the Internal Revenue
Code, the Corporation 1) shall distribute its income for said period at such
time and manner as not to subject it to tax under Section 4942 of the Internal
Revenue Code; 2) shall not engage in any act of self-dealing as defined in
Section 4941(d) of the Internal Revenue Code; 3) shall not retain any excess
business holdings as defined in Section 4943(c) of the Internal Revenue Code;
4) shall not make any investments in such manner as to subject the Corporation
to tax under Section 4944 of the Internal Revenue Code; and 5) shall not make
any taxable expenditures as defined in Section 4945(d) of the Internal Revenue
AMENDMENT OF BYLAWS
Subject to the power of the Members, if any, of this Corporation to adopt, amend or repeal the Bylaws of the Corporation and except as may otherwise be specified under provision of law, these Bylaws, or any of them, may be altered, amended, or repealed and new Bylaws adopted by approval of the Board of Directors. A two-thirds (2/3) majority of those Board present and voting is required to pass an amendment to these Bylaws.
Any Director, Officer, or Member, if any, may propose an
amendment to these Bylaws. If this Corporation makes no provision for Members,
then, at the regular meeting of Directors held on the second Saturday of
January, amendments shall be voted on by the Board of Directors. Proposed
amendments to these Bylaws must be received, in writing, by the Secretary no
less than four (4) weeks before the second Saturday of January to be included
on the agenda for that meeting. The Secretary shall distribute the proposed
amendment no less than two (2) weeks before the second Saturday of January to
each Member for review.
CONSTRUCTION AND TERMS
If there is any conflict between the provision of these Bylaws and the Articles of Incorporation of this Corporation, the provisions of the Articles of Incorporation shall govern.
Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding.
All references in these Bylaws to the Articles of
Incorporation shall be to the Articles of Incorporation, Articles of
Organization, Certificate of Incorporation, Organizational Charter, Corporate
Charter, or other founding document of this Corporation as filed with an
office of the State of
All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code on 1996 as amended from time to time, or to corresponding provisions of any future federal tax code.
ADOPTION OF BYLAWS
We, the undersigned, are all of the initial Directors or
incorporators ofthis Corporation, as we consent to, and hereby do, adopt the
foregoing Bylaws as the Bylaws of this Corporation.
Dated: January 10, 1999
Signatures on file
MEMBERSHIP PROVISIONS OF THE BYLAWS OF
The Navy & Marine Living History Association, Inc.
DETERMINATION AND RIGHTS OF MEMBERS
The Corporation shall have only one class of Members, that being units formed as Navy Ship's Companies, Navy Squadrons, Navy Yards, Marine Companies, and Marine Detachments to any naval operations previously named. No Member shall old more than one Membership in the Corporation. Except as expressly provided n or authorized by the Articles of Incorporation, the Bylaws of this corporation, or provisions of law, all Memberships shall have the same rights, privileges, restrictions and conditions.
QUALIFICATIONS OF MEMBERS
The qualifications for Membership in this Corporation are as follows:
The Members (units) must be fully dedicated to the furthering of the public's awareness and understanding of Naval History.
The Members must have unit level bylaws in place to govern all unit matters other than during NMLHA hosted or sanctioned events in which the unit attends.
The Members must fully comply with the Code of Safety as outlined in Article 13 of these Bylaws during NMLHA hosted or sanctioned events.
No Member may be a member of any hate group, or
organization that promotes racial superiority, or the overthrow of the
government or the Constitution of the
ADMISSION OF MEMBERS
Applicant units shall be admitted to Membership at any time during the year. Request with initial dues shall be sent directly to the Corporation. Unit member's immediate family (spouse and children under the age of 16) may be included as part of the applicant s Membership, but these additional family members will have no voting rights in the Corporation and may not be eligible for certain benefits of Membership without additional fees.
FEES AND DUES
(a) Fees for
Membership applications, if any, shall be established by the Board of
(b) Dues for Membership shall be established by the Board of Directors. Any member (Unit) joining the Association prior to 1 July, of a given year, shall pay dues in full for that calendar year. Dues for the next year shall be due and receivable in full, on 1 January, of the next calendar year.
(c) Any member (Unit) joining the Association after 1 July, of a given year, shall pay the sum of 1/2 the normal annual dues, with the full payment of dues, due and receivable 1 January, of the next calendar year.
(d) Should any member (Unit) over or under pay their proper dues during a given period, the Treasurer, with the consent of the President may bill, refund, or otherwise adjust dues payments so that they equal the formula described in paragraphs (b) and (c) above.
(e) Upon adjustment and receipt, the Treasurer shall forward proper documentation of the adjustment to the Secretary for record, along with a copy of the President's authorization of the transaction.
(f) All such transactions become a record of the Association and are available for review by any member or appropriate entity, once recorded. Both the Secretary and Treasurer are required to maintain copies of all such transactions.
NUMBER OF MEMBERS
There is no limit on the number of Members the Corporation may admit.
The Corporation shall keep a Membership book containing the name and address of each Member. Termination of the Membership of any Member shall be recorded in the book, together with the date of termination of such Membership. Such book shall be kept at the Corporation's principal office.
At no time may any membership information of the Corporation be provided to outside parties for the purpose of telemarketing activities.
NONLIABILITY OF MEMBERS
A Member of this Corporation is not, as such, personally
liable for the debts, liabilities, or obligations of the Corporation.
CODE OF SAFETY
PURPOSE OF THE CODE OF SAFETY
This section applies when an event is hosted or sanctioned by the NMLHA and Member units and non-Member units are joined in combined operations. Great care must be taken to ensure the safety of all participants and the public.
VIOLATIONS OF THE CODE OF SAFETY
Each Member of the Corporation agrees to the CODE OF SAFETY in becoming a Member. Failure to follow the requirements of the Code of Safety will result in disciplinary action by the Board of Directors, which could include the termination of membership.
THE CODE OF SAFETY
1. Hatred and bigotry have no place in society or this
Corporation. Respect the feelings of others. We live in a culturally diverse
nation. The true history of the
2. Obey all safety rules. Every member is a Safety Officer and is responsible for learning and enforcing all safety procedures.
3. There will be no consumption of alcoholic products 2
hours before or during reenactments, while armed, while in first person
persona, or while the public is present. This shall be strictly enforced so
that the detection by any member warrants an immediate inspection. Anyone
found violating this rule will be issued a written reprimand signed by all
members witnessing this behavior. A second occurrence will result in the
immediate termination of membership without the possibility of re-admittance.
4. No campfires, lamps, or candles will be left unattended. These fires must be thoroughly extinguished or someone must remain in camp to watch the fire and ensure no accidents happen. Ensure there are adequate supplies of firewater available at all times.
5. No fires will be allowed in tents not designed to accommodate a stove. This includes candles not in a lantern.
6. No smoking of any kind (pipe, cigar, cigarillo) is permitted when handling or working with gunpowder or in the vicinity of someone who is.
7. No smoking of any kind is permitted while participating in any battle reenactment, weapons demonstration or parade, or in possession of a loaded firearm.
8. Treat all firearms as if loaded. Treat all firearms loaded with blank rounds as deadly weapons.
9. No person under the age of 16 years shall be allowed to handle arms in camp or carry arms in the ranks No one who has not been through artillery training by a certified instructor may serve on a cannon crew when firing blank rounds or live ammunition without special dispensation from the gun owner.
10. All weapons must be inspected by the designated unit safety officer prior to each battle reenactment. No weapon can be used that has not passed inspection.
11. If you have used your musket or pistol in a live fire (projectile down the bore), always fire at least three blank loads into the ground before using it in a battle reenactment.
12. Each unit will post a guard to keep the camp secure whenever anyone is working with gunpowder. Gun powder may only be handled in a secluded place a safe distance from camp.
13. Avoid rolling cartridges in camp. If absolutely necessary, keep the powder well away from campfires, candles, sources of heat, and the public.
14. Load muzzle-loading muskets with pre-rolled cartridges, never from a powder flask/horn.
15. Always load muzzle-loading pistols in advance from a powder flask or pre-rolled cartridges, and seal each cylinder with cream of wheat. Paper or cotton wadding is never to be used to seal the cylinders, and the cylinders of muzzle-loading pistols should never be re-loaded during a reenactment except with pre-rolled cartridges.
16. While loading firearms, keep hands and face away from the muzzle.
17. After loading, always point the muzzle in a safe direction. Be aware of anyone in front, behind, and on either side of you.
18. During battle reenactments, never fire directly at a person less than 100 feet from you. Aim over the head or to the side of anyone within that distance. For artillery, never fire if anyone is within 50 yards from the muzzle of the cannon and keep the cannon at full elevation. Never discharge a pistol, rifle, or musket within 100 feet of a loaded cannon or artillery limber chest.
19. When firing muskets from two ranks, the rear rank should step well forward and, before firing, ensure that neither the muzzle nor the cap is near the faces of the front rank.
20. Never draw or use a musket ramrod during a battle reenactment.
21. Do not, under any circumstances, pass in front of the muzzle of a cannon any closer than 50 yards, or within a 90 degree arc from the center line of the bore.
ADOPTION OF THE MEMBERSHIP PROVISIONS AND THE CODE OF SAFETY
We, the undersigned, are all of the initial Directors or Incorporators of this Corporation, as we consent to, and hereby do, adopt the foregoing Membership Provisions and The Code of Safety as part of the Bylaws of the Corporation.
Dated: January 10, 2000
Signatures on file
Please note that these bylaws apply to member units during activities and events either hosted or sanctioned by NMLHA. All member units are required to have their own unit bylaws that govern their activities otherwise.
You may inquire to Jim Greathouse, Secretary of NMLHA, at his
e-mail with your questions.