Mission Statement
We are dedicated to a single purpose:
Empowering veterans to lead high-quality lives with
respect and dignity. We accomplish this by making sure
veterans and their families can access the full range of
benefits available to them; fighting for the interests of
America’s injured heroes on Capital Hill; and educating
the public about the great sacrifices and needs of
veterans transitioning back to civilian life.
2
Outline
“The Basics”







What is a Constitution?
What are Bylaws?
Who in the DAV is required to have a C&B?
What developmental guidance is available?
How is a DAV C&B developed?
Where and how to submit?
Q&A
3
What is a Constitution ?
Merriam -Webster’s Collegiate Dictionary – “The basic law in
a politically organized body; a document containing such
law.” A constitution embodies the fundamental principles of
an organization. It defines the purpose, structure, authority,
and who makes up the organization. The constitution is the
creator of power exercised by the governing body.”
The Chapter Constitution provides a common direction and
sets an expectation for the members.
4
What are Bylaws ?
Merriam -Webster’s Collegiate Dictionary – “Rules
adopted by an organization for managing its internal
affairs.”
All Bylaws, executive actions and judicial decisions must
conform to the Constitution.
Thus, a DAV Chapter, Department or National
Constitution defines the purpose, structure, authority, and
make up of the organization. Bylaws provide the rules
for how the organization will accomplish the things stated
in its Constitution.
5
Source of Chapter
Constitutional Authority

The DAV National Charter, and Constitution and Bylaws

The DAV was incorporated by an Act of Congress on
June 17, 1932. The Congressional Charter is 36 U.S.C.
50301 et seq.

IRS tax exempt under 26 U.S.C. 501(c)(4).
Contributions to DAV are tax deductible pursuant to 26
U.S.C. 170(c)(3).
6
Who is Required to
have a C&B ?

DAV National, each Department and each Chapter must
have a Constitution and Bylaws.

Each and every DAV member PLEDGED to “support and
obey the Constitution and Bylaws of the National, State
and local organization.” Thus, being knowledgeable of the
C&B at all levels is the responsibility of every DAV
member!
7
C&B Development Guidance
DAV National C&B, Article 9, pertains to Chapters
(DAV National C&B is available online)
Chapter Constitution and Bylaws Guidelines and
Suggestions by Arthur H. Wilson, National
Adjutant (2004 – 2013) (Copies are available from the
Department Judge Advocate)
8
Development of a
Chapter C&B

Step 1: The Commander appoints a C&B Committee

Step 2: Committee members read the National and
Department C&B’s

Step 3: Using the template provided in the “Chapter
Constitution and Bylaws Guidance and
Suggestions” document, the Committee draws up
a draft C&B (type written). Be sure to include location,
dates, nomination and election criteria and process,
duties and succession of officers, financial process
(voucher system?), committees and their duties, etc.

The C&B may be as many pages as necessary.
9
Development of a
Chapter C&B
 Step 4: The “draft” C&B must be read to the body
during two regularly scheduled business
meetings.
 Step 5: A three-fourths majority vote of the present and
voting-eligible members in a regularly scheduled
business meeting is required to approve a C&B or
an amendment thereto.
 Step 6: The C&B must be “attested” as having been
“adopted after the second and final reading on
(date),” and signed by the Commander and
Chapter Judge Advocate. Usually the C&B
Committee Chair “attests” the reading.
10
Development of a
Chapter C&B
Where and How to Submit?
Attach a cover letter and forward THREE copies to the
Department of Virginia Judge Advocate
 Forward unfolded
 Send First Class Postage - no need to certify
11
Development of a
Chapter C&B
What next?

The Department Judge Advocate reviews the document and
forwards it to the National Judge Advocate.
 The Department Judge Advocate must, in the forwarding cover letter,
recommend approval or disapproval. The recommendation is not
binding on the National Judge Advocate.

The National Judge Advocate will either approve or disapprove,
and return one copy of the C&B to the Chapter, send one copy to
the Department Judge Advocate, and retain one copy for National.
If disapproved, the C&B must be corrected, once again read twice
to the Chapter, approved by a ¾ majority vote, and forwarded to
the Department.
12
Your New
Constitution & Bylaws
What next?
Upon receipt of your approved C&B, make a copy available
to each member of the Chapter, and affix a copy on the
back of your Chapter Charter, which must be displayed at
the Commander’s position at all Business Meetings.
Be sure to alert all Chapter members that you have a new
C&B, and you should provide a copy to each new Chapter
member.
13
Common Errors & Pitfalls in
Developing a C&B
1. Failure to obtain the Chapter “attester”, Commander, and
Adjutant signatures and date
2. Failure to forward THREE copies to the Department
3. Failure to proofread (spelling & grammar)
4. Failure to read twice before voting - - (grievance issue)
5. Make sure nothing in the C&B runs counter to the National and
State C&Bs
6. Make sure your C&B (Bylaws in particular) reflect how the
Chapter does business
7. The BIGGEST error is committed when a Chapter fails to follow
its own C&B!
14
Department Judge Advocate
John C. Simmons
Mailing address: 4648 Portsmouth Blvd
Portsmouth, VA 23701
Phones: (757) 465-7300
(757) 377-5665 (c)
E-mail: jcpasimmons@verizon.net
adj@davchap22.hrcoxmail.com
15
16
17
18