AMERICAN CIVIL WAR
ASSOCIATION

BY LAWS OF THE ACWA

As Approved January 16, 1995, Including Amendments
Approved through July 27, 2005

TABLE OF CONTENTS
1. Officers
2. Executive Committee/Board of Directors
3. Voting
4. Participation and Membership
5. Elections
6. Meeting of the Executive Committee / Board of Directors
7. Budget
8. Safety Officer
9. Artillery Coordinator
10. Minors
11. Organization of the Brigades
12. Organization of the Civilian Corps
13. New Units
14. Committee on the Conduct of War (CCW)
15. Enforcement of Rules

STATEMENT OF PURPOSE
  The AMERICAN CIVIL WAR ASSOCIATION is a public non-profit corporation established for the purpose of promoting awareness and understanding of the American Civil War through the avocation of reenacting. We believe this hobby has at least three primary objectives: To enable the participant to share, on a personal basis, the experience of the Civil War; to enlighten both reenactor and guest at ACWA events about the Civil War by creating an atmosphere where mutual dialogue is encouraged; and to participate in an activity merely for enjoyment.

  The AMERICAN CIVIL WAR ASSOCIATION  is open to everyone and celebrates the diversity of all people. The ACWA stands firmly opposed to discrimination. We believe that reasons for reenacting are personal to each reenactor. No individual style of reenacting is more valid than any other style and no reason holds more importance than any other. We believe that to enhance everyone's objectives in our hobby, we must respect both their reasons for reenacting and their reenacting style.

  Therefore, in order to promote goals set forth herein and to provide our members with a rewarding, enjoyable avocation, we establish the following bylaws. (Revised 9-20-97 ˆ at Casa de Fruita)
1.1 The officers of the AMERICAN CIVIL WAR ASSOCIATION shall be the
President, Vice President, Secretary and Treasurer.

1.2 President:

(a) The President shall perform the following functions:

(1) President over the affairs and events of the ACWA;

(2) Enter into agreements and sign contracts as authorized by the
Executive Committee (EC) or Board of Directors (BD);

(3) Act on an emergency basis when unable to confer with the
majority of the Board of Directors on matters of safety and/or
protection of property; and

(4) Perform any other function set forth in these bylaws or directed by
the EC or BD.
1.3 Vice President:
(a) The Vice President shall perform the following functions:
(1) Assume the duties of the President in his absence;
(2) Assist the President in presiding over ACWA meetings and events;
(3) To preside over all meetings of the standing committees; and,
(4) Perform any other function set forth in these bylaws or directed by the EC or BD.
1.4 Secretary
(a) The Secretary shall perform the following functions:
(1) Prepare and maintain the minutes of the EC and the BD;
(2) Prepare and disseminate correspondence and information as directed by the EC and BD;
(3) Maintain and update records containing current bylaws, membership roles, incoming and outgoing correspondence and minutes of all standing and ad hoc committees; and,
(4) Perform any other function set forth in these bylaws or directed by the EC and BD.  

1.5 TREASUER
(a) The Treasurer shall perform the following functions:
(1) Prepare, maintain and disseminate all accounting records as required by the AMERICAN CIVIL WAR ASSOCIATION and all applicable governmental and taxing agencies;
(2) Prepare an annual budget for approval;
(3) Inventory and audit corporate property as requested by the EC and/or the BD;
(4) Maintain files on the members of the ACWA to include membership form, liability releases and payment of dues, address, telephone number and unit and other information requested by the EC and/or BD;
(5) Receive, deposit, and disburse money on behalf of the ACWA; and,
(6) Perform any other functions set forth in these bylaws or directed by the EC and/or BD.
1.6 The officers shall have a maximum term limited to two successive elected years, except for the Treasurer and Secretary whose maximum terms shall be limited to four successive elected years. At the expiration of the term of the President, the office shall be held by a member of another Brigade or Corps. (Revised 3-13-99 -- at Knight's Ferry, and 9-18-01 at Casa de Fruta)

2. EXECUTIVE COMMITTEE (EC) / BOARD OF DIRECTORS (BD)
2.1 The Executive Committee (EC) shall consist of the officers of the corporation, the Safety Officer (SO) and the Artillery Coordinator (AC). The Safety Officer and the Artillery Coordinator shall have no vote by virtue of their membership on the EC.
(Revised 9-16-95)
2.2 The Board of Directors shall consist of the Executive Committee and the Commander of the Federal Brigade and the Commander of the Confederate Brigade and the Coordinator of the Civilian Corps.
(Revised 9-20-97 -- at Casa de Fruta) (Revised again, 9-13-99 -- at Knight's Ferry)
2.3 Any member in good standing of the ACWA, being eighteen years of age on or before November 15th in the year of the election is eligible to run for a position on the Board of Directors.
(Revised 9-20-97 -- at Casa de Fruta)
2.4 The Board of Directors (BD) shall draft and implement rules and regulations regarding the handling of unit finances and shall provide the unit commanders with copies.

3. VOTING
3.1 In all matters where the vote of the Board is required, the Commander of the Federal Brigade, the Commander of the Confederate Brigade, and the Coordinator of the Civilian Corps shall each have a single vote, and, when necessary, the Executive Committee shall have a single vote.
(Revised 3-13-99 -- at Knight's Ferry)
3.2 (Deleted March 2002 at Knight's Ferry)
3.3 The Executive Committee shall vote only when the Brigade Commanders cannot agree.
3.4 The Executive Committee vote shall be determined by the majority of the committee members present and voting. The vote of the President shall determine the committee's vote on any ties.
3.5 A vote of the BD is required in the following matters:
(a) Revisions, deletions, or additions of the bylaws of the AMERICAN CIVIL WAR ASSOCIATION;
(b) Acceptance of any newly proposed unit of the Confederate or Federal Brigade;
(c) The conduct of any event;
(d) Consideration of proposals of standing and ad hoc committees and the membership as it pertains to section 3.5 (a).
3.6 The BD shall not vote on matters unless set forth in Section 3.5.
3.7 Any proposal effecting the conduct of the AMERICAN CIVIL WAR ASSOCIATION may be passed by the following methods:
(a) Section 3.5(a)(b)(c) proposals: By the majority vote of the EC or BD, as appropriate, actually present and voting; provided, however, that the vote of the Brigade Commanders shall not be made until notice to the entire brigade has been given pursuant to section 3.7(d) and may only be made following a referendum of the brigade membership. Any vote of the Brigade Commanders prior to a referendum is void.
(b) Other proposals: By a majority vote of the EC or BD as applicable provided, however, that the vote of the Brigade Commanders should reflect the majority of the brigade.
(c) Any proposal may be passed upon a majority vote of each brigade, following notice to the membership under section 3.7(d)
(d) Notice shall be given by the following methods:
(1) Publication in the Courier at least thirty(30)days before the vote is taken;
(2) First class mail sent to each member of the brigade at least thirty (30) days before the vote is taken; or,
(3) If the vote of the brigade members is required, the date and place that the vote is to be taken must be specified in the notice. The vote of the brigade may be taken at a regularly scheduled meeting of the EC or BD or at a regularly scheduled event.
3.8 Cumulative voting: There shall be no cumulative voting.
3.9 Proxy voting: A proxy vote is allowed only upon presentation of written notification of the proxy which includes:
(a) A specification of the issue to which the proxy vote applies:
(b) The vote upon that issue; and,
(c) The absent voter's signature.
3.10 In the event of a vacancy on the Executive Committee, the remaining officers shall be empowered to immediately appoint an eligible member of the AMERICAN CIVIL WAR ASSOCIATION to fill the un-expired term as a non-voting, interim, member of the EC. All Brigade and Unit Commanders will be notified immediately, and asked to notify their members of the vacancy on the board, so that the members may notify the EC of their possible interest in running for the position.
An election to fill the vacancy will be held at the next regular event. All members present at the event will be eligible to vote and the votes will be cast by secret ballot.
(Added 3-15-97 -- at Knights Ferry)

4. PARTICIPATION AND MEMBERSHIP
4.1 It is the policy of the AMERICAN CIVIL WAR ASSOCIATION to encourage participation and attendance at its events by all reenactors, their families and the general public. The general public is therefore, to be encouraged to participate as fully as possible by wearing period clothing and shall not be excluded from the events of the AMERICAN CIVIL WAR ASSOCIATION on the basis of the appropriateness of such dress. Members and their families shall be expected to observe the standards of authenticity appropriate to reenactors.
4.2 Unless set forth below, participants at all events shall be members of the
AMERICAN CIVIL WAR ASSOCIATION:
(a) Members in good standing of any reenactment organization may participate.
(b) Any person not a member of the AMERICAN CIVIL WAR ASSOCIATION or any other reenactment organization may participate in an AMERICAN CIVIL WAR ASSOCIATION event only after having been certified by the Safety Officer that he or she has been instructed in the manual of arms and safety rules and has shown to the satisfaction of the Safety Officer that he/she is proficient in those matters.
(c) Members of any other Civil War reenactment organization which has entered into a reciprocal agreement with the ACWA may participate with the ACWA at any ACWA event, under the terms of that agreement, without payment of a Guest Reenactor Fee.
(e) Individuals who can not demonstrate such membership, will be required to pay a $5 fee per event.
(Revised 5-24-97 -- at Roaring Camp)
(f) No person who is required under California Penal Code section 290 to register as a sex offender will be eligible for membership in the ACWA.
(Added 9-11-04 ˆ at Nevada City)
4.3 Non-Political Affiliation: The AMERICAN CIVIL WAR ASSOCIATION is an organization made up of American Civil War reenactors who voluntarily participate for the purpose of educating the public about the history, culture, and the people who lived during the period of the American Civil War. The ACWA does not endorse modern political candidates nor does it take any political position on any modern political issues of the modern period.
The ACWA and its membership may attend and participate at events sponsored by political groups and candidates for political office. Such attendance may not be represented as a political endorsement of the sponsoring political organization or political candidate, nor may the fliers advertising the event indicate that the ACWA is endorsing the political organization and/or the political candidate(s) involved.
(Added 9-20-97 -- at Casa de Fruta)
4.4 Lawful Government: The AMERICAN CIVIL WAR ASSOCIATION firmly supports the lawfully elected government of the United States of America and does not agree with nor support any organization(s) or individual(s) that advocate the use of violence as a means of achieving political or social goals.
(Added 9-20-97 -- at Casa de Fruta)
4.5 Participation Rights: All members of the ACWA have the right to participate in the management of their chosen Brigade. This right includes active and open disagreement with the actions of the governing body of that Brigade. The members' right to dissent does not extend to demonstrations, rallies, speech or conduct during public hours at an event, nor to speech or communication that advocates or incites disorder, is personally libelous, or which calls for members to leave the ACWA.
(Added 7-25-98 -- at Roaring Camp)
4.6 Willful Misrepresentation: No member shall willfully represent to any person or organization that he or she is acting on behalf, has authority or capacity to act on behalf of the ACWA, nor that he or she has any position within the ACWA or its units, unless he or she actually has such authority, capacity or position.
(Approved 05-28-05 -- at Roaring Camp)

5. ELECTIONS
5.1 A general election of the members of the EC shall take place on or before the 15th day of November each calendar year.
(Revised 11-2-02 at Nevada City)
5.2 Voting shall be by secret ballot, and the winner shall be determined by a simple majority.
(Revised 1-11-97 -- at Annual Meeting)
5.3 The Vice President shall be in charge of the general election. One member of each brigade who is not a member of the EC, the BD or Brigade Commander shall be designated to serve on the election committee. The election committee shall propose, and the EC shall adopt, rules for the conduct of the general election. The general election shall be in accordance with the rules so adopted.
5.4 The election committee shall cause to be published in the Courier, prior to the 15th of August of each year, a notice that written statements of candidacy are being accepted and will be published in the November issue of the Courier. The notice shall provide the address to which the statements must be mailed.
(Revised 11-2-02 at Nevada City)
5.5 No later than October 15 the Election Committee shall send ballots to all members eligible to vote. The Treasurer shall provide the Election Committee a list of the names and addresses of all paid members.
(Revised 11-2-02 at Nevada City)
5.6 All paid members of the AMERICAN CIVIL WAR ASSOCIATION as of October 15th, who have by that date reached the minimum age qualifying them to carry a musket on the field (14 years of age) shall be entitled to vote in the election for the ACWA Executive Committee.
(Revised 10-26-96 --at Gibson Ranch
4-23-02 at Knight‚s Ferry; and 11-2-02 at Nevada City)
5.7 The election of the Brigade Officers shall take place at such time and place and manner as deemed appropriate by that Brigade, provided, however, that each Brigade shall furnish to the Secretary a complete set of rules under which the Brigade's elections take place.
(a) The EC is authorized to investigate and enforce the rules of the Brigade if at least one third of the members of that Brigade object, in writing, that the election did not conform to the rules established for elections by that Brigade. If the election did not conform to the Brigade‚s own rules, the election may be nullified by a unanimous vote of the EC, otherwise, the EC shall not participate or interfere in the Brigade or Company elections.
5.8 In elections for positions on the Board of Directors, where an incumbent is running for re-election, the ballot shall offer a selection of "None of the Above". If over 60% of the votes are for "None of the Above", then a special election shall be held to fill the vacant position. The incumbent shall not be eligible to run in that special election.
The actual vote count for "None of the Above" will not be announced.
(Revised 3-13- 99 -- at Knight‚s Ferry)
5.9 Vacancies for Brigade Commander caused by this Section shall be filled on an interim basis by the senior line officer in the Brigade. A vacancy for Civilian Coordinator caused by this Section shall be filled on an interim basis by the Civilian Secretary. The Brigade or Corps will then hold an election to fill the position. Vacancies on the Executive Committee caused by this Section shall be filled according to Section 3.10.
(Added 9-20-97 -- at Casa de Fruta) (Revised 3-13-99-- at Knight's Ferry)

6. MEETINGS OF THE EXECUTIVE COMMITTEE / BOARD OF DIRECTORS
6.1 Regular meetings of the EC and the BD shall take place at the same time and place and at intervals not to exceed two months.
6.2 Additional meetings may be held when requested by at least three members of the BD provided, however that notice has been given to all members of the AMERICAN CIVIL WAR ASSOCIATION.
6.3 All meetings of the EC and BD shall be open to the members
of the AMERICAN CIVIL WAR ASSOCIATION and all votes taken in such meetings shall be open.
6.4 All members of the AMERICAN CIVIL WAR ASSOCIATION may participate in the business conducted at the meetings.
6.5 Special meetings of the EC or BD may be called at any time, provided, however, that no meeting will be called without at least 24 hour notice to all committee / board members. It shall be the responsibility of the Brigade Commanders to notify the Unit Commanders of their respective Brigades and the responsibility of the Unit Commanders to notify their respective members.
6.6 The EC/BD may conduct business at any regular or special meeting so long as proper notice of the meeting has been given and there are at least three members present.
6.7 Meetings of the Executive Committee / Board of Directors shall be conducted according to the terms of these bylaws. Where there is no applicable bylaw, the procedures defined in Robert's Rules of Order shall be used.
(Added 9-20-97 -- at Casa de Fruta)

7. BUDGET
7.1 Continuing Allocations:
(a) Courier: All expenses for printing, typesetting, mailing, and photographic reproductions;
(b) Safety Officer: All expenses incurred in maintaining first aid and other safety equipment; and
(c) Powder: Reimbursement to artillery units for powder purchased.
7.2 Those requesting reimbursement for a continuing allocation must submit a voucher to the ACWA Treasurer for approval. It is suggested that a request be made prior to the expenditure to expedite the allocation.
7.3 The Treasurer is authorized to reimburse the continuing allocations without additional approval from the EC.
7.4 Special Allocations: All monetary allocations except continuing allocations shall be made only upon the vote of the EC.

8. SAFETY OFFICER (SO)
(Revised 10-25-97 -- at Gibson Ranch)
8.1 The Safety Officer shall be appointed by the Executive Committee. The appointment is effective for one year subject to reappointment. The Safety Officer shall be, if possible, a law enforcement officer. He will function independently of the Brigade structure. The assigned duty companies of each Brigade shall be under the direct command of the Safety Officer with regard to security, safety and the orderly conduct of both Brigades and Civilian Corps.
8.2 A Safety Officer (SO) shall be appointed annually by the EC prior to the first event of the year.
8.3 The SO shall serve at the pleasure of the EC and may be removed at any time by a majority vote thereof.
8.4 The Safety Officer's duties shall include, but not be limited to the administration of the club's rules with regard to safety on the battlefield, in camp and for spectators. He also oversees and assists the First Aid Trauma Team in all pertinent situations and maintains order, and performs related tasks. The SO shall have the following specific duties:
(a) The Safety Officer shall be in charge of the safety of the camps and on the battlefield;
(b) Establish and implement procedures for the safety and security of the members, guests of the ACWA and of their property.
(c) Monitor the event site to ensure the safety and security of the members, guests of the ACWA and of their property;
(d) Set security lines prior to battles or firing demonstrations at any event;
(e) Maintain first aid and safety equipment necessary to render emergency assistance at events;
(f) Establish and train an emergency response team for the purpose of rendering emergency assistance at events;
(g) Certify compliance with Section 5 of the "Rules and Regulations of the ACWA" and maintain records to verify compliance;
(h) The Safety Officer shall immediately report any hazardous condition observed to the appropriate unit commander for remedial action;
(i) In the absence of the unit commander, the Safety Officer shall report the deficiency to the senior officer / NCO in the camp and instruct the OIC / NCOIC to take remedial action;
(j) In the event that the unit commander disagrees with the action requested by the Safety Officer, it shall be reported to the Brigade Commander whose decision regarding corrective action shall be final;
(k) Submit an event report to the Courier after each event noting any safety or security incidents and the
recommended remedial action;
(l) Prepare a report of any safety or security problem at any event and submit a copy of the report to the Board of Directors; and,
(m) No member or guest shall be allowed to participate on the battlefield without establishing and demonstrating to the satisfaction of the Safety Officer that he is proficient in the handling, safety and manual of arms appropriate to the weapon. The Safety Officer shall establish procedures to certify the proficiency of new recruits. If the Safety Officer finds the member or guest is not proficient, he shall be directed back to the Unit Commander for additional training in the deficient area.

9. ARTILLERY COORDINATOR (AC)
(Added 9-16-95)
9.1 An Artillery Coordinator (AC) shall be appointed annually by the BD.
9.2 The AC shall serve at the pleasure of the BD and may be removed at any time by a majority vote thereof.
9.3 The AC shall report directly to the Board of Directors and shall have no military rank as a result of the appointment but shall have whatever rank to which he is otherwise entitled.
9.4 The AC shall have the following duties;
(a) Establish and implement procedures to inspect all artillery pieces used at ACWA events to ensure that they are safe for use and are being used safely;
(b) Promptly report any hazardous pieces or operation to the appropriate Brigade Commander and the BD;
(c) Propose procedures for powder reimbursement to the Executive Committee. Implement approved procedures;
(Revised 10-25-97 -- at Gibson Ranch)
(d) Act as liaison for guest artillerymen, greet guest artillerymen at events on behalf of the ACWA, assign the guns to the appropriate position, and render whatever assistance is required by the guest artillerymen;
(e) Act as chief firefighter. The AC shall establish and implement procedures to ensure that each Brigade has adequate fire equipment present on the battlefield during the battles or firing demonstrations and that all gunners are trained to locate, spot and fight any fire .

10. MINORS
10.1 All persons under the age of 18 must have on file with the ACWA a Minor's Waiver of Liability signed by a parent or guardian.
10.2 Except as noted herein, to participate as a combatant member of the ACWA a minor must meet the following requirements:
(a) Be at least 14 years of age;
(b) Be certified proficient in accordance with Section 5 of the Rules and Regulations of the ACWA;
(c) Have on file with the ACWA a Minor‚s Waiver of Liability signed by a parent or guardian; and,
(d) Veteran partner: Be assigned a "veteran partner" by the unit commander. The veteran partner shall monitor the conduct of the minor on the battlefield and give aid and advise as necessary for the safety of the minor, other participants, and spectators.
10.3 A minor under 14 may serve in the number 3, 4, 5, or 6 position of an artillery piece provided that he has the written permission of a parent or guardian and the permission of the Chief of Artillery.
10.4 No minor under the age of 12 shall be allowed on the battlefield while the battle is in progress.
10.5 Parents are responsible for the supervision of their minor children at all times. In the event that a parent is not present at an event, the Unit Commander is responsible for the supervision.

11. ORGANIZATION OF THE BRIGADES
11.1 The military members of the ACWA shall be organized into two brigades, one representing the Union and the other the Confederacy. All military units shall be under the authority of a Brigade.
(Revised 9-20-97 -- at Casa de Fruta)
11.2 The chief of each Brigade is the Brigade Commander who shall be elected by the members of the Brigade and shall serve a term of one year, subject to reelection.
11.3 The Brigade Commander shall perform the functions designated by the individual Brigade and shall carry the rank designated by the rules of the Brigade. However, notwithstanding the individual rank of the respective Brigade Commanders, the Union and Confederate Commanders shall have equal authority at all times.
11.4 The individual Brigade, provided, however, that the rank shall be consistent with that of the Civil War period shall designate staff positions, duties and rank. A Brigade may designate rank appropriate to the duty performed.
11.5 The Brigade Commander shall serve on the BD and shall be responsible for the conduct of the members of his Brigade.
11.6 (Deleted 4-23-02 at Knight‚s Ferry)
11.7 The official Brigade bylaws shall be considered those on file with
the AMERICAN CIVIL WAR ASSOCIATION Executive Committee. Any changes to Brigade bylaws shall be submitted to the EC Secretary within two weeks of that change.
(Added 3-15-97 -- at Knight‚s Ferry)

12. ORGANIZATION OF THE CIVILIAN CORPS
(Added 3-13-99 -- at Knight‚s Ferry)
12.1 Nonmilitary members of the ACWA shall be organized into the Civilian Corps. Each member will designate a Northern, Southern or Border designation.
12.2 The Civilian Corps Board of Officers includes a Coordinator, Treasurer, and Secretary; each shall be elected by the members of the Corps and shall serve a term of one year subject to reelection.
12.3 The Civilian Coordinator shall serve on the BD and shall be responsible for the conduct of the members of the Corps.
12.4 The official Civilian Corps bylaws shall be considered those on file
with the AMERICAN CIVIL WAR ASSOCIATION Executive Committee. Any changes to Civilian Corps bylaws shall be submitted to the EC Secretary within two weeks of the change.
12.5 Excluding Sections 3.5(b) and 11, any reference to Brigade shall also refer to Corps, and any reference herein to the Brigade Commander shall also refer to Civilian Coordinator.

13. NEW UNITS
13.1 New units are strongly encouraged.
13.2 (deleted March 2002 at Knight‚s Ferry)
13.3 A proposed unit must have been in either the Army of the Potomac or the Army of Northern Virginia at any time during the Civil War.
13.4 A proposal which states the unit‚s history and uniform requirements must be presented to the BD prior to the meeting at which a vote on the acceptance of the unit is to be done. The proposal will be maintained in the permanent records of the ACWA.
13.5 Any unit approved by the ACWA, with at least six members of that unit present for battle, and where each of those members are members in good standing in the ACWA, may take the field in that battle as a unit. Any unit with less than six members must be approved by the BD. Any unit approved by the ACWA may recruit at events and perform living history as the unit, regardless of the number of members actually present.
(Added 10-26-96 -- Gibson Ranch)
13.6 Diverse styles and geographical depictions are strongly encouraged. No unit shall fail to be accepted on the basis of appropriateness of their representation.

14. COMMITTEE ON THE CONDUCT OF THE WAR (CCW)
14.1 The EC shall annually appoint three members to serve on the CCW.
14.2 At least one appointee shall be from each Brigade
14.3 The purpose of the CCW is to provide informal mediation to resolve disputes among members.
14.4 The CCW may hold such meetings and keep such records as it deems suitable but it is not required to hold regular meetings nor report its activities to the EC.
14.5 Any member may request the names of the members of the CCW by either an oral or written request.
14.6 The CCW shall record the results of any agreement. The records shall be maintained by the CCW and shall not be released unless the substance of the agreement becomes an issue in any later proceeding.

15. ENFORCEMENT OF THE RULES
(Added 3-13-99 --at Knights Ferry)
15.1 The rules of the ACWA may only be enforced as set forth herein.
15.2 A member of the ACWA may only be excluded from membership on the following grounds
(a) Violation of Federal or State law while either acting as a representative of the ACWA, or occurring during an ACWA event;
(b) Conduct which impairs the safety of the members of the ACWA or its guests and which is likely to continue in the future; or,
(c) Conduct which impairs the security of the members or guests of the ACWA or their property and is determined likely to continue in the future.
15.3 Initiating Disciplinary Action:
(a) A member may request disciplinary action as follows:
(1) A written request must be submitted to the EC and contain the names of the person bringing the charge, the name against whom the charge is made and a statement of the specific nature of the charge.
(2) A copy of the request must be served on the person to be charged. If no service of the request has been made, the request will be dismissed with prejudice unless the request specifies violations in 15.2.
(b) The EC shall notify the chargee of the request at least 15 days prior to its consideration.
(c) The EC shall examine the request and, if in its judgement, find that the request is neither vexatious nor frivolous shall convene a CI.
(d) If a CI regarding the alleged offense has been conducted by the chargee's brigade, the EC will ratify the findings of the brigade unless by unanimous vote it finds that action improper.
15.4 Court of Inquiry (CI):
(a) A panel consisting of three disinterested members selected at random by the EC shall constitute the CI. At least one member of the panel shall be selected from each Brigade.
(b) Each party may peremptorily challenge one member appointee.
(c) The CI will hold a hearing within 30 days of its selection. Each party shall be given written notification of the time and place of the hearing.
(d) The chargee may be represented at the hearing. A chargee who is a minor must be represented at the hearing.
15.5 Court of Inquiry - Conduct:
(a) The CI shall select one member to act as President.
(b) The CI shall accept only such evidence as it deems valid and relevant to the issues before it as determined by the President.
(c) Any finding of the court must be made solely on the basis of the evidence presented to it at the time of the hearing.
(d) The hearing will be open unless requested to be closed by the chargee in which case the hearing will be closed.
(e) The CI will maintain a record of the proceedings and submit the record to the Secretary upon the conclusion of the hearing. The record will be confidential and will be disclosed only upon the written authority of the chargee.
15.6 Court of Inquiry - Findings:
(a) The burden of proving the charges is on the chargor.
(b) Following closed deliberations, the CI shall make one, and only one, of the following findings:
(1) If, by majority vote, the charges are found to be true, the finding shall be "TRUE";
(2) If, by majority vote, the charges are found to be untrue, the finding shall be "UNTRUE";
(3) If there is not a unanimous vote by the CI, the finding shall be "NOT PROVEN".
(c) The findings of the CI will be published in the Courier without editorial comment, except that a finding of untrue may be withheld upon the request of the chargee.
15.7 Court of Inquiry - Remedial Action
(a) Following a finding of TRUE, the CI shall determine remedial action to be taken by the chargee. The only authorized remedial actions which may be imposed by the CI are as follows:
(1) Private or public reproval;
(2) Restitution in the event that the charges found to be true have directly resulted in the financial detriment to the charger or the ACWA;
(3) Probation on such terms as area deemed appropriate; and/or,
(4) Suspension.
(b) The terms of probation must be specified and accepted in writing by the chargee. Violation of probation shall be dealt with as a separate charge.
(c) In the event that a TRUE finding is made on a charge specified in Section 15.2, the CI will report this to the EC for further action specified in Section 15.8
15.8 Special Board of Inquiry (SBI)
(a) Upon receipt of finding that the chargee has been found in violation of Section 15.2, the EC shall sit in special session as a Special Board of Inquiry. A member at large who is not then serving on the EC shall be appointed at random.
(b) The President of the ACWA shall be the President of the SBI.
(c) Within 45 days of notification from the CI that there has been a TRUE finding, the President shall convene a hearing to determine if the best interest of the ACWA precludes the further participation by the offending member. The chargee shall be given written notice of the time and place of the hearing. The chargee is
entitled to appear at the hearing and may be represented. A minor must be represented.
(d) The hearing shall be open unless closure is requested by the chargee in which case the hearing must be closed.
(e) The chargee may peremptorily challenge one member of the SBI who will be replaced.
(f) At the hearing, the SBI shall accept evidence from the chargee on the following issues:
(1) Whether or not the violation is of sufficient severity that the best interest of the ACWA requires the exclusion of the chargee.
(2) Whether the violation is likely to continue.
(3) Prior conduct of the chargee which mitigates against expulsion.
(4) The charges have been inconsistently enforced in the past.
(g) The SBI may accept new evidence that the charges are not true and may reverse the findings of the BI if it finds by clear and convincing evidence that the original findings were incorrect.
(h) Following the hearing, the SBI will make one of the following findings:
(1) The findings of the CI are affirmed and the violation requires the dismissal of (the chargee);
(2) The findings of the CI are affirmed but the violation does not require the dismissal of (the chargee);
(3) The findings of the CI are affirmed but the SBI finds circumstances that mitigate against the dismissal of (the chargee); or,
(4) The findings of the CI are reversed and the charges are dismissed.
(i) A finding of Section 15.8(h)(1) requires a unanimous vote by the SBI. Other findings require a majority vote.
(j) In the event that the SBI finds that the dismissal of the chargee is necessary for the good of the club, it shall request the resignation of the chargee. If no resignation is made by the chargee within 15 days, the chargee shall be expelled.
(k) The findings shall be published in the Courier without editorial comment, except that the chargee may request that findings specified in Section 15.8(h)(2), (3) or (4) not be published.
(l) The SBI may accept, reject or alter the recommended remedial action imposed by the CI.
General Updates to Bylaws
Remove safety rules, which are repeated in the "ACWA Rules and Regulations"; remove expired chapters and sections; update and correct chapter and section numbering and cross-references; and correct typos. Distribute a current copy of complete by-laws annually with the Courier.
(Approved 10-25-97 -- Gibson Ranch)  

For information and questions concerning the ACWA by laws,
please contact
 csmondo@juno.com

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