Confederate Brigade Charter
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Current as of 05-29-04 Purpose 1. Bylaws, Ordinances, Rules and Regulations, Definitions. 2. A Bylaw shall be a law governing the entire Brigade at all times and shall be contained in this document. a. Rules and Regulations shall be rules that affect only a portion of the Brigade at all times and will be contained in a separate document. b. Rules and Regulations shall be enacted by a 3/5th’s majority vote of the entire Board of Officers. c. A petition may be filed with the Board of Officers by at least 1/3 of all eligible voting Brigade members, which would require that such a Rule or Regulation be voted upon by the members of the Brigade. 3. Ordinances shall be rules, which affect any portion up to the entire Brigade that is temporary in nature, lasting not more than 90 days. a. The BC or the Board may enact ordinances. b. The Board may veto ordinances by the BC by 3/5th’s majority vote. c. AN expired ordinance may not be reenacted during a calendar year. D. The Brigade shall be commanded by a Commanding Officer (BC, Brigade Commander) who shall hold the rank of Colonel. BC may further be assisted by appointed Senior Staff Officer’s as needed. BC shall ultimately be responsible for all Senior Staff and their duties. 1. Duties of Senior Staff: a. Enforce all ACWA and Brigade rules and orders. b. Coordinate official Brigade activities at events. c. Coordinate battles with US counterpart. d. Act as principle spokesman for the Brigade. e. Ensures proper uniform and drill. f. Meet daily with regimental commanders at events. g. Chairs all Brigade meetings. h. Is responsible for camp layout. i. Is responsible for Brigade records. j. Shall appoint capable staff, with Board confirmation. k. Shall appoint rank of all regimental commanders with Board confirmation. l. Shall issue Ordinances governing the Brigade, m. Shall have veto power over the Board of Officers. 2. Board of Officer’s (Board): a. Shall consist of the BC, appointed Brigade Staff, elected unit commanders, and any duly commissioned Brigade officers. b. Only elected unit commanders shall vote on the Board, and each unit is entitled to only one vote. c. In the absence of the unit commander, a proxy will be allowed. Said proxy must be either part of the unit’s chain of command, or have written permission from the unit commander. d. Shall assist the BC in governing the Brigade. e. Shall pass Ordinances by simple majority governing the Brigade. f. Shall confirm/veto by simple majority all Staff appointments. g. Shall confirm/veto by simple majority rank of all RC’s h. Shall be chaired by the BC i. Shall have authority to remove BC by unanimous vote OR by 3/5th’s majority AND 3/5th’s majority of the entire Brigade. j. Shall have veto authority and the ability to override any veto made by the BC. All veto and override must pass with no less than 3/5th’s majority vote. k. May require the BC to convene a meeting of the Board by presenting to the BC a written request signed by a simple majority of the Board. 3. Appointed Staff Positions that become necessary within the Brigade may be initiated or removed at any time, based upon need. Positions may be of any nature, but must be consistent with the Confederacy and the Army of Northern Virginia, a. BC will propose the position, duties, rank and person. Once approved the position, duties and rank will be placed in the written Rules and Regulations. b. The Board will confirm/deny by simple majority vote. c. Person in position will serve concurrently with BC and will exit automatically upon completion of BC’s term. 4. Position will remain unless removed by BC or Board. a. BC may terminate position or replace the person serving in position at any time, with or without cause. b. The Board may terminate position or dismiss the person serving in position at any time by 3/5th’s majority vote, with or without cause. E. Membership in the American Civil War Association is required in order to be a member of the Confederate Brigade. 1. The Confederate Brigade of the American Civil War Association
does not discriminate because of race, gender, religion, age sexual orientation, or national origin. a. Women are strongly encouraged to actively participate in all activities of the Brigade, but with the express understanding that women were not allowed in military service during the Civil War. Consequently, in order to present an accurate portrayal, a female must make every effort to look and act the part of a male should she choose to participate in military activities. The “30 foot rule,” where the gender of the individual cannot be determined at a distance of 30 feet or better, will be strictly enforced. 2. Membership in the Brigade is a privilege and not a right. AS such, The Brigade reserves the right to deny membership. All applications for membership are subject to review by the BC and/or the Board before approval. The Board of Officers shall have final approval on all applications. 3. Members are strongly encouraged to belong to a regimental company (unit) within the Brigade. a. Those Brigade members not belonging to a unit of the Brigade shall be under the direct authority of the Brigade Commander. II. Elections: A. Brigade Elections The eligible Brigade members shall elect the Brigade Commander each year. This election shall be conducted by secret ballot through mail out referendum. Unless determined otherwise by the Board, this election shell be conducted by the ACWA EC and run concurrent with the ACWA yearly. 1. The Board reserves the right to conduct the election for BC. 2. The Board reserves the right to overturn the election for BC conducted by the ACWA EC. 3. Eligible Brigade members shall be those who are paid members of the Confederate Brigade of the American Civil War Association. Having attended no less than one full day of any ACWA reenactment verified by having appeared on a morning report of a recognized unit of the Confederate Brigade of the ACWA. 4. The ACWA EC shall conduct Brigade elections calling for the permanent removal of the Brigade Commander, unless determined otherwise by the Board. B. Regimental Elections 1. Each regiment is required to hold an election for unit commander, yearly. a. A written election procedure shall be on file with the Brigade prior to the election, and shall be in place no later than December 1st. b. Unit’s that have no election procedure on file with the Brigade by the deadline shall have their unit elections conducted by the Brigade. c. Unit’s that have elections conducted by the Brigade shall be charged a five-dollar charge per eligible voter for administrative costs. d. Regular elections shall be conducted after the last event of the season. e. Results of regimental elections shall be reported to the BC no later than February 1 prior to the upcoming season. f. All elections shall be conducted by secret ballot. 2. In the event that a RC must be replaced during the event season, the replacement shall be elected according to that unit’s procedures. 3. The BC and/or the Board reserves the right to investigate any complaints made concerning unit elections improprieties, and take action as deemed necessary. a. All complaints must be submitted in writing to the BC and/or the Board, and may come only from a member of the unit from which the complaint is being made. Verbal complaints alone will not be considered. b. The name of the complaint may be held confidential, at the discretion of the BC and/or the Board. 4. In the event that a unit fails to comply with all specifics of this section, the BC and the Board may intervene in the election process of that unit. a. The unit members shall be notified that the unit is not in compliance with election procedures. b. The Board shall assign one or more Board members to implement and oversee the election process for that unit. c. The assigned Board member(s) shall advise the Board as to what election procedures were implemented, and the results of the election. d. Any challenges to the procedures or results of the election shall be heard by the Board, at which time the Board shall render a ruling as to weather or not the Board-administered election was Valid or Invalid. 5. If valid, the finding is final. 6. If invalid, the process shall be repeated, starting from Section II.B.4.a. III. Regiments: A. The Regiments within the Confederate Brigade are to be considered individual clubs within the Brigade and thus, autonomous. B. Individual unit Rules and Regulations are strongly recommended. Unit rules will only be official if on file with the Brigade. 1. All unit rules are subordinate to Brigade and ACWA rules. 2. The BC and/or the Board reserves the right to investigate any complaint brought where unit rules are violated and take appropriate action deemed necessary. a. A written election procedure shall be on file with the Brigade prior to the election, and shall be in place no later than December 1st. b. Unit’s that have no election procedure on file with the Brigade by the deadline shall have their unit elections conducted by the Brigade. c. Unit’s that have elections conducted by the Brigade shall be charged a five- dollar charge per eligible voter for administrative costs. C. New Units: New units must be approved by the Board first, then be approved by the ACWA EC. 1. Unit will have 1 year to attain the minimum of 9-man roster strength. 2. Unit’s not attaining minimum will be deactivated. D. Minimum Requirements to Field: Any unit not fielding the minimum number of men at an event (6) shall have its men temporarily reassigned to the BC. 1. Units falling below minimum strength for 4 consecutive events shall be assigned Probation by the Board. The unit will then have 4 consecutive events of Probation to bring their average numbers up to minimum standards. 2. If at the end of 4 consecutive events of Probation, the minimum standards have not been achieved, the Board may then permanently decommission the unit and all remaining members directed to transfer to other units. 3. The ACWA EC shall than be notified by the BC of the deactivation of that unit within the Confederate Brigade. IV. Rank A. It is the duty and responsibility of each member to follow the rules of the organization. Since the Brigade follows a military structure as per ranks, it is the responsibility of the BC to oversee the Brigade, the RC’s responsibility to oversee the unit and the Sergeant’s responsibility to oversee the company, etc. B. Not in Good Standing: A condition levied by the Board upon individuals for misconduct, misbehavior and miscellaneous other offenses. 1. Requires a 3/5th’s majority vote from the Board to place or lift. Must be reviewed every six months. May not be levied for more than 18 months. May be appealed to the Board of Officer'’ at any time, but not more than twice in a six month period. 2. Removes all voting privileges and nay rank held, whether elected or appointed, above the rank of Private. C. General Courts Martial: Shall be conducted per CS Army regulations for breaches in military protocol, dereliction of duty, insubordination, not adhering to CS Army regulations, etc. 1. Punishment, subject to the will of the General courts-martial judge(s), up to expulsion from the Brigade. a. Appeal of punishment may be made to the Board who may validate/invalidate by vote of 3/5th’s majority. D. Court of Inquiry (CI): Shall be conducted as per ACWA guidelines for violations of safety, civil or criminal laws. 1. Punishment, subject to the will of the CI judge(s), up to expulsion from the Brigade. a. Appeal of punishment may be made to the Board who may validate/invalidate by vote of 3/5th’s majority E. Removal from the Brigade: A 3/5th’s majority vote of the Board AND a 3/5th’s majority vote from the entire Brigade may remove any member permanently from the Brigade, with or without cause. Brigade vote to be conducted by the ACWA EC by mail. 1. Any member of the Brigade may be temporarily expelled from an event by order of the BC or the Board for conduct detrimental to the smooth operation of the Brigade. a. The Board reserves the right to veto any expulsion ordered by the BC. b. Any person expelled from an event by the BC may immediately appeal to the Board to have the case reviewed. Upon hearing the particulars of the case, the Board may choose to confirm or veto the BC’s decision. VI. Changing Bylaws: A. Changes, additions or deletions to the Bylaws are proposed to the Board for consideration. 1. The Board shall pass or reject proposals by simple majority. a. Proposals that fail shall be dropped from consideration. b. Proposals may bypass the Board and go directly to the Brigade for referendum with signatures from no less than 1/3rd of all Brigade members. 2. Any Bylaw changes additions or deletions accepted by the Board must be submitted to the Brigade for a vote. 3. Such proposals shall be enacted as by laws when confirmed by eligible voting Brigade members, either through referendum, or at a Brigade meeting. a. Brigade Meeting: a. Referendum voting shall be conducted by secret ballot, through the mail and be managed by the ACWA EC. Proposal shall pass/fail with a simple majority of all ballots returned. b. Proposal’s voted upon at Brigade meetings must be done at events when not less than 1/ 2 of all Brigade members that are present. Proposal shall pass/fail with vote of 3/5th’s majority of members present, and may be done by ballot or show of hands. Current as of 05-29-04 |