CVSO MANUAL REVISED: SEPTEMBER 19, 2006 TABLE OF CONTENTS SECTION SUBJECT 1) CVSO HISTORICAL BACKGROUND 2) CVSO/WDVA ORGANIZATION & STRUCTURE 3) THE OUTREACH FUNCTION 4) THE ROLE OF PUBLIC RELATIONS 5) RESOURCES 6) LEGISLATIVE 7) FEDERAL BENEFITS 8) POST TRAUMATIC STRESS DISORDER 9) CVSO HANDBOOK 10) OPEN MEETING LAW 11) TRICARE Updated to Fall, 2006 SECTION 1: CVSO HISTORICAL BACKGROUND INDEX SECTION SUBJECT PAGES 1. The Service Officer 1-1 to 1-7 2. Wisconsin Counties’ Best Kept Secret 1-8 to 1-11 3. CVSOs by E. O. Anderson 1-12 to 1-14 4. Article by George K. Nitz 1-15 to 1-16 5. WDVA – by A. R. Freeman 1-17 to 1-19 6. Article by Chester J. Beaudin 1-20 7. Article by Harry L. Holmes 1-21 to 1-22 8. Counties Pull Together for State Vets 1-23 to 1-24 9. CVSOs: Real Needs, Real People 1-25 to 1-27 10. CVSO Association Presidents 1-28 11. Association Meetings: Dates & Places 1-29 to 1-30 12. History of CVSO Meetings 1-31 to 1-36 THE SERVICE OFFICER By Francis D. Heesakker Outagamie County Veterans Service Officer - 1990 Here is the way the career of a model service officer might be described: It combines the professional techniques of a lawyer as well as the human understanding, skill in counseling and helpfulness of a social worker. It requires the knowledge of the extent, the meaning and the application of the laws that have been passed by Congress in the interest of veterans and their dependents as well as the rules and regulations adopted by the VA to clarify and implement these laws. A service officer must know how to apply this specialized knowledge in the way best suited to the needs of every individual veteran who seeks an intelligent and workable solution to a problem. The model service officer knows that veterans with serious personal problems may be confused and disturbed. Not all express themselves clearly. Many are not quite sure in their own minds what they really want. MUST HAVE CONFIDENCE OF VETERAN The ideal officer must always make the veteran feel comfortable. This is especially important if the veteran is worried or suspicious about the kind of treatment he thinks he is going to receive. Some veterans resent a lot of questions about their personal affairs. Others welcome expert questioning as a help to clarify their own thinking. All veterans, however, want to feel sure that the service officer is genuinely interested in them and their problems. The average veteran resents insincerity; he closes up. A half-hearted handshake and a forced smile of welcome does not fool a veteran. These will ruin good service work. They disappoint and disillusion the veteran. A veteran who has been given a slipshod interview by a service officer is not going to pay much attention to an optimistic report of VA progress from the Administrator of Veterans Affairs. If the VA fails a veteran just at the time when he/she needs assistance, then the VA is no good, according to the veteran's viewpoint. THE IDEAL SERVICE OFFICER Desired qualities include a personality that "rubs well" even under the most trying conditions, a heart as well as a mind and the ability to project a warm, friendly nature. Tact, courtesy and understanding are essential. Training and experience in counseling provide the wisdom to know when to talk, when to listen and the value of silence when a veteran is thrashing out some inner problem and needs to "get it off his/her chest." 1-1 THE WATCHFUL EYE The good service officer knows that part of the job is to see that the veteran does not miss out on some particular benefits just because the veteran did not remember it, or because he/she had not heard about it, or because he/she was too confused to ask about it. A veteran, for example, who asks for advice about National Service Life Insurance may be in even greater need of advice about the possibilities of hospitalization, vocational rehabilitation, education or training. The service officer is not a mind reader, but if alert during an interview, he or she may recognize another need and render a service far greater than the veteran anticipated. REFERRALS The matter of referrals is an important part of the job. Many times the veteran's questions call for service that are not within the jurisdiction of the VA office. There are certain rules about these referrals that are always followed by the ideal service officer or representative. After explaining the reason for the referral, a telephone call should be made to the referral point in the presence of the veteran. The veteran should be provided a card of introduction that contains the veteran's name, the name and address of the agency, the name and room number of the person to whom the veteran has been referred, and the time of the appointment. Instead of hunting aimlessly around, the veteran goes straight to the proper place to see the proper person, at the proper time, with the comforting knowledge that he or she is both expected and welcome. QUALITY OF SERVICE TO VETERAN The ideal service officer plays no favorites. Every veteran should expect the service officer to provide equal treatment. Applications for benefits should be thoroughly completed by obtaining evidence sometimes difficult for the veterans to get, sifting through the information and checking the evidence carefully before submitting it to the VA. No stone should be left unturned in order to close the case successfully. An incomplete case file should never be left unresolved for weeks or months denying the veteran benefits through carelessness or neglect. REFLECTS DIGNITY A picture of the service officer at work should include, among other details, some of the following: The service officer should dress neatly. In the eyes of veterans, the service officer's appearance reflects the veteran organization and everything for which it stands. The manner in which a service officer conducts business reflects the dignity, the purpose and the accomplishments of the office. 1-2 The work day should start promptly. The service officer realizes that the time between the opening and the closing office hours belongs to the veterans. If for some unusual reason the service officer is busy with a veteran when lunch time arrives, the interview should be continued until successfully concluded. The service officer can derive satisfaction from the knowledge that the veteran was not kept waiting. Careful attention should be given to telephone manners. All calls should be answered promptly. After courteously and clearly establishing an identity, the service officer should project a pleasant telephone manner that suggests a willingness and ability to be helpful. The service officer should avoid long telephone conversations which prevent other veterans from contacting the office. Instead, a veteran should be invited into the office to discuss his or her case in private. In case the telephone call is interrupted, or there is need for another call later on, the ideal service officer is careful to provide the caller with sufficient information on how to contact the office directly. If the veteran phones again, he will then be able to reach the service officer promptly instead of being switched from phone to phone by various other people who are not familiar with his problem. By the same token, the ideal service officer never leaves the office for any extended length of time without making sure that any unfinished business is turned over to someone competent to take care of it during an absence. The service officer should leave word of how to be reached if necessary and the time expected to return so that veterans can be spared delays and disappointments. The whole matter of duties and accomplishments of the model contact representative boils down to one simple fact: infinite attention to details. Not all details are of equal importance. But if all are accorded the attention they deserve, and if all are attended to completely, then no important detail will suffer, and no claim neglected. The greatest reward a service officer can earn is the knowledge that, because of his or her individual effort, a veteran who richly deserved help, was given help - courteously, accurately, completely and swiftly. The following position description is offered as a broad outline of the kinds of skills and knowledge needed by those assigned the responsibility of informing, advising and assisting veterans and their dependents in securing the benefits entitled to them as a result of their service. This position description is not all encompassing and those reading it should be aware of that fact. 1-3 WISCONSIN COUNTIES’ BEST KEPT SECRET By Donald Reichard Rock County Veterans Service Officer *This article is reprinted with the permission of the Wisconsin Counties Association. “Copyright 1990 by the Wisconsin Counties Association.” Which county office in each of Wisconsin’s 72 counties brings $514 million in federal government money and nearly $30 million in state government money into the state’s economy, primarily through entitlements paid directly to individuals and their families? If you answered, “Your County Veterans Service Office,” you are right. The county Veterans Service Office (CVSO) was established by statute in 1935 and has been required in each county since legislative action in 1945. In many counties, the CVO was preceded by the Soldiers Relief Commission, which was formed in the 1920s in response to the influx of new veterans following World War I. The role of County Veterans Service Officers (CVSOs) in managing their departments has continually expanded through the years. As the veterans move from recently discharged to an aging population, the services provided range from educational entitlements to pensions, medical service and burial benefits. One of the programs offered to veterans by the United States Department of Veterans Affairs (USDVA) include the following: Medical services in USDVA Medical Centers, the Home Loan Guaranty Program, veterans pensions, compensation for service-connected disabilities, educational allowances, vocational rehabilitation and counseling, government life insurance, and burial benefits. In addition to the federal programs, the State of Wisconsin offers a fullarray of programs. These include: primary mortgage loans, home improvement loans, second mortgage loans, economic assistance loans, business loans, health care aid grants, subsistence aid grants, retraining grants, part-time study grants, full-time study grants, and the Wisconsin Veterans Home. Some of these state and federal programs are also open to veterans’ surviving dependents. The largest Wisconsin Department of Veterans Affairs (WDVA) entitlement has traditionally been the Primary Housing Loan Program which has placed home owners, who are veterans, on the tax rolls in support of their local governments. In 1988, this program totaled $25.4 million. In addition to assistance in applying for state and federal benefits, many other services are provided by the Veterans Service Office. These include insuring the recording of the veterans’ DD-214s (separation documents) and promoting public awareness of veterans’ issues, health topics, and legislation. Some CVSOs provide public speaking services to organizations. Veterans may also ask for assistance in developing job hunting skills, for referrals for drug and alcohol and Post Traumatic Stress Disorders treatment, or for help untangling bureaucratic red tape. 1-4 Each Veterans Service Officer maintains a relief fund that is overseen by a three-member commission. Commissioners are appointed by the county board or county executive with the County Veterans Service Officer serving as the executive secretary. While the operation of the funds varies from county to county, it is best described as emergency aid on a very shortterm basis. Most CVSOs also distribute flags and/or flag holders to be placed on veterans’ graves. The well operated Veterans Service Office in your county is very likely to be one of the most cost-effective departments in Wisconsin County government. When you consider the county tax levy that goes into the support of an adequately staffed and funded office and compare that to the total federal and state dollars that flow back to the county, you have a winning situation. The Rock County office is staffed by the County Veterans Service Officer and three deputies. The deputies handle the major load of day-to-day activity, allowing the County Veterans Service Officer to manage a “problem” case load, maintain visibility, and coordinate major veterans activities and issues within the county. With two major communities in Rock County (Beloit and Janesville), two offices are maintained and staffed to ensure quality access by veterans and their families. Rock County’s veteran population is approximately 16,000, including 500 women, and the resulting volume of routine daily activities may occasionally cause a backup in certain office tasks. In order to meet these demands, the office utilizes veterans in programs such as workstudy and work experience to assist in maintaining the flow of daily work. These veteran helpers will also assist with the major project of converting files to computerized record keeping during 1990. In Rock County, the CVSO budget for 1988 (Last year of complete figures) was $109,273 not including veterans’ relief. In 1988 the benefits coming into Rock Count were $7,857,935 from the federal government and $605,778 from the state government. The largest share of these funds was disbursed directly to veterans and in many cases, precluded the veteran’s need to apply for General Relief and other county supported social programs. This is a consistent formula from county to county. Jackson County, for example, one of Wisconsin’s smaller rural counties, generated $1,636,636 in federal benefits and $143,532 in state benefits for its veterans and dependents in 1988 against a total CVSO budget of only $51,000. The USDVA indicates that a very significant number of veterans are totally unaware of the various entitlements available to them. The support of County Administrator Craig Knutson and the county board has allowed may Rock county veterans and their dependents to benefit through a major outreach effort. A conservative estimate of the response to this outreach is that the average daily activity of the Rock County Veterans Service Office has increased by 25 to 30 percent over the past three years. This increase has taken place in an already identified declining veteran population Veteran benefits fulfill two objectives by their very nature: they help veterans readjust to civilian life after their military service, and they provide care and dignity to the veteran and dependents in time of need when they might otherwise have neither. The challenge today lies in meeting the second objective. 1-5 With an increasingly aging veteran population, request for medical services and related needs are becoming a more time-consuming activity within the office. The average age of World War I veterans is 93; of World War II veterans, 68; of Korean Conflict veterans, 59; and of Vietnam veterans, 42. The current estimates for Wisconsin’s over 65 age group of veterans, compared with the total veteran population, creates an interesting set of numbers. Total veteran Population 1989 1995 2000 Veterans age 65 and over 561,000 530,000 498,000 122,000 152,000 162,000 By the year 2000, 32 percent of all Wisconsin veterans will be 65 or older. This is taking place at a time when the VA Medical Centers are no longer working on what might be called an “open door” policy. In addition to the more restrictive admission policy of the VA Medical Centers, there had also been a reduction in services offered to veterans by these same facilities. The aging veteran population is an issue that levels of government necessarily will be dealing with, in some form, in the future. Virtually all state and federal entitlements have needs based criteria built in, with certain exceptions. Therefore, eligibility requirements must be met for the entitlement whether it is income level, length or period of military service, etc.; and as such, these entitlements in no way may be described as a giveaway. The eligibility is based upon selected prior conditions of service. As such, the benefits are most correctly defined as earned entitlements with further eligibility to be met at the time of application. When staffed with quality support and funded to allow for the statutory obligations of Wisconsin Statute 45.43, the Veterans Service Office may be the county’s best buy for the dollar. The multitude of services offered by the office increases its advocacy for veterans. This serves those citizens of the county who have served all of us in our nation’s armed forces. Considering the extent and variety of these programs and the fact that the regulations governing both the state and federal programs are constantly changing, it is essential that CVSO staff stay informed. The County Veterans Service Officers Association of Wisconsin, in cooperation with the USDVA and WDVA, conducts two conferences and training schools annually. In addition, there are periodic seminars conducted by the VA Medical Centers, the VA Insurance Center at Ft. Snelling, Minn., and the regional associations of CVSOs throughout the state. These schools and seminars are most important to enable CVSOs to stay fully abreast of changes in order to serve the veteran in a quality and professional manner. The State of Wisconsin, in the recent budget bill, expanded the grant to County Veterans Service Offices from $3,000 to $5000 per year effective in calendar year 1990. This includes a provision that the least populous counties, which are unable to justify a full-time CVSO, are eligible for a “no requirement grant” of $500 annually. This is the WDVA’s commitment to insuring that all state veterans have access to an advocate to assist them with their veteran needs and with problem resolution. Insuring a quality CVSO is a small price to pay to 1-6 recognize the local veteran population for the sacrifices they made when called up at critical times in our nation’s history. A commonly expressed motto is: “If you enjoy your freedom, thank a veteran.” Many of Wisconsin’s counties continue to tank their veterans with dull support of their County Veterans Service Offices. Don’t keep it a secret-tell everyone! County support for a County Veterans service Office pays for itself many times over in all of the many ways the office serves the local veteran population in recognition of the sacrifices they and their families have made. 1-7 COUNTY VETERANS SERVICE OFFICERS The Veterans Service Officer’s place in the County And the functions of his officeAs presented by the County Veterans Service Officers Association at the County Boards Convention in Milwaukee. E. O. Anderson, President, county Veterans Service Officers Association *This article is reprinted with the permission of the Wisconsin Counties Association. It was first published in April of 1946. “Copyrighted 1990 by the Wisconsin Counties Association.” My assignment today is to explain to you how the County Service Officers function and how they make benefits available to the veteran and his dependents. The short time allotted to me on this subject is too limited to describe to you the numerous services rendered to the veteran. To fully explain to you this phase would consume a considerable amount of time, but I will attempt to cover the most important phases. At the our-set, I wish to state that the Wisconsin County Veterans Service Officers Association was established in the year 1935, under Section 59.08, Sub-section (23) which states in part: “such service officer shall advise with all veterans of wars, residents of the county, who were engaged in the service of the United States relative to any complaint made or problem submitted by then to him and shall render them such assistance as, in his opinion, he may render.” World War I In attempting to explain to you how the Service Officer operates, we will go back to the year 1935, the year the office was established by law, when our work at that time was assisting in working out the problems of veterans of World War I. After all, we must not lose sight of the fact that there still remains a considerable amount of work to be done in assisting in the affairs of veterans of that war. In those days we had the difficult task of dragging old claims out of the coals that had been stated years back and neglected because of being turned down. Often the reason was lack of guidance of a Service Officer and lack of proper evidence to prove that the veteran’s disability was incurred or aggravated in the line of duty. At that time we had no office staff; we had to be Director, Secretary, Stenographer, Case-worker, and Social Investigator. How does the Service Officer function to be of assistance to the veteran in his various claims to the Veterans Administration? First, the claimant must sign the Service Officer “power of attorney”, authorizing him to act as his accredited representative, through veterans organizations recognized by the Veterans Administration. At the present time we are not recognized as accredited representatives, but hope to be soon. The “power of attorney” then places the Service Officer in the position as 1-8 the veteran’s person claim agent and he will be furnished on request to the governmental agency, all information as to the progress and final adjudication of the veteran’s claim. If the veteran or his dependents have already filed claim for one or more of the various benefits without proper representation of the Service Officer and later found that all required evidence, such as records of birth, marriages, divorce judgments, death and financial affidavits, have not been properly submitted, then it is up to the Service Officer, when given power of attorney, to secure these documents required, and prepare certain affidavits necessary to meet the requirements of the Veterans Administration so that the case may be brought to a successful conclusion. Appeal Cases After the Service Officer has prepared and submitted a claim for pension or compensation for the veteran, whichever the case may be, and he is awarded pension for a certain degree of disability, this does not mean that work on the case is finished. For example, suppose a veterans has been awarded a 20% rating for a certain disability and it appears that a higher rating is warranted. Then it is again up to the Service Officer to have the veteran reexamined by a local physician and secure from him a written report which is to be submitted to the Veterans Administration with the request that the veteran be called in for examination for re-rating purposes. If this procedure fails, then the Service Officer prepares the case for appeal from the last decision, and it is then submitted to the Board of Veterans Appeals in another attempt to have the decision revised. Widow’s Claims Widow’s claims for death pension also require a considerable amount of effort on the part of the Service Officer. He must see to it that formal application is properly executed to the satisfaction of the Veterans Administration, that marriage and death records are secured, and financial affidavits prepared. Here I wish to state that, while the bulk of our claims are through the Veterans Administration, we have frequent contacts with State agencies and our requests for benefits are handled through the efficient Wisconsin Department of Veterans Affairs, Madison. It is also part of our regular daily routine to contact the War Department and other major departments such as the General Accounting Office, Finance Office, etc. We make numerous contacts with Separation Centers to clear up discrepancies or errors on discharges, pay and travel allowances. We gladly cooperate with local agencies for the betterment of service people and find a mutual co-ordination from these departments. World War II presents similar procedure but the benefits are more numerous. We are very pleased at the reception, by both men and women veterans, of the educational features of the G.I. Bill. They are really “going for” training or additional education in a big way, and this is a very healthy sign. The community, state, and nation, as well as the individual, are bound to reap the harvest of this the most worthwhile benefit to date of that much publicized Bill of Rights. The veteran and their dependents, of all wars, come to us with their difficulties. The requests are many and varied. Almost everything imaginable is cleared through our office. Many are 1-9 real difficulties, but seldom is the solution hopeless. Somehow, somewhere, there is an answer and this we endeavor to fine. At the present time our office is attempting to dig itself out from under an avalanche of discharges and the load is likely to be very heavy for some time to come. Veterans’ service is here to stay. The past eleven years have been busy ones and requires the best we have to offer and we endeavor to give him just that kind of service. 1-10 A.R. Freeman, Contact Representative Wisconsin Department of Veterans Affairs As stated by Mr. Anderson, I am to tell you about state and federal benefits available to veterans in Wisconsin. The Wisconsin Department of Veterans Affairs administers all state benefits for veterans of all wars who are bon fide residents of the state. The basic policies are formulated by the Board of Veterans Affairs and administered under the responsibility of the Director and his staff located in the State Capitol at Madison. Educational, Medical and Economic grants are available to bona fide residents of the state who have served in the armed forces of the United States under honorable conditions between August 27, 1940 and the termination of hostilities for 90 days or more, or if less that 90 days, were discharged for service connected disability. The following grants are provided: Educational. Grants may be awarded to eligible veterans to prevent want and distress when the federal or other benefit is inadequate to meet the veteran’s needs. Veterans enrolled under the federal program who need funds for subsistence pending receipt of their first federal check may be awarded educational grants, if need is determined by the proper authority at school. To meet unforeseen emergencies, grants are available to qualified student veterans at any time. Medical. Medical grants for care and hospitalization are approved in cases where such assistance is not available from another source. A prerequisite for this benefit is prior authorization to cover the medical care or hospitalization, but in extreme emergencies, where immediate hospitalization is required, the Department should be notified of all circumstances within twenty-four hours after treatment has been started. Medical grants are authorized for dependents of veterans, provided such assistance will contribute to the rehabilitation of the veteran. Economic. Grants are awarded veterans and eligible dependents to relieve or prevent want and distress, but dependency grants are not intended to supplant regular relief. The object of the Wisconsin veteran program is to furnish assistance when it contributes materially to veteran’s rehabilitation. Loans. Chapter 409, Wisconsin Laws of 1945, makes provision for loans to qualified veterans of World War II for their rehabilitation, education, or for the purpose of aiding them in the purchase of a property or business. Loans up to $750 at 2 percent interest are provided with no expense to the veteran for administrative cost. Domiciliary Care. The Grand Army Home at King, Wisconsin, is administered by the Department with financial aid provided by the federal government for qualified veterans. The veterans of all wars who have lived in the State of Wisconsin at least ten years preceding the time of application are eligible for this care. Wives, widows, and mothers of such veterans are also admitted. 1-11 Claims Service. The Department of Veterans Affairs is accredited by the Veterans Administration as the official agency on a state level, authorized to represent claimants and their dependents before that agency. An office is maintained at the Facility at Wood, Wisconsin, of which I am in charge, to assist all veterans and dependents to prosecute claims for any benefits provided by the federal government. Most of these claims are initiated throughout the state with the assistance of the various county service officers. Hospital and Medical Care for World War I Veterans. Qualified veterans of World War I are entitled to hospital care or treatment for any disability considered to be directly or indirectly due to service. The veteran must have been a resident of Wisconsin for five years or more next immediately preceding the date of his application. At the present time there is approximately $300,000 remaining in this fund. Federal Benefits Pension for Service Connected Disability. Monthly pension from $11.50 to $115.00 with additional amounts for loss of use of an eye, hand or foot and special awards for blindness, and attendant, and double permanent disability is provided for all veterans. Pension for Non-Service Connected Disability. For permanent and total disability World War I and II veterans are entitled to $50.00 per month, increasing to $60 at the age of 60, or when in receipt of this pension for ten years, with an income restriction of $1000 if there is no wife or child under 18; or $2500, if married or if there is a child under age 18 Veterans with wartime service in the Indian Wars, Spanish American War or Philippine Insurrection are paid pension without regard to service connection with amount to $75 per month for total disability or at the age of 65; and $100 if there is need for an attendant. Their widows are entitled to death pension beginning at $30 per month without regard to income. Hospital care is provided in Veterans Administration hospitals for all wartime veterans for treatment of any disability, and for peacetime veterans when the disability is due to service. Domiciliary care is also provided. Monthly pension, starting with $35 for widows of World War I veterans, when the cause of death is not due to service, and $50 for widows when the cause of death is due to service is provided. Additional amounts are paid for dependent children up to the age of 18, or 21 when the child is going to school. Pension in the amount of $25 for each parent, or $45 when there is only one dependent parent is paid when the cause of death is due to service. Lesser amounts are paid when the disability is due to service in time of peace. Burial Allowances. Burial allowances in the amount of $100 are provided for wartime veterans, without regard to assets left by the veteran. In addition, a flag is furnished without charge by application to a postmaster at the county seat in each county. 1-12 Vocational Training Benefits. Single World War II veterans, under Public Law 346 known as the G.I. Bill, are paid $65 per month, and those with dependents receive $90 per month with tuition, books, etc. This includes veterans taking on-the-job training. Training must commence within four years after dare of discharge or termination of the war, whichever is the later. There is no age limitation. Training is provided for one year plus the time in active service, not to exceed four years. When the veteran is in receipt of compensation and is considered to be in need of training, under Public Law 16, he is entitled to $105 per month, if single; $115, if married, with $10 additional for the first child, $7 for each additional child and $15 for a dependent parent. Loans. Any loan made by a prescribed lending agency within ten years after the end of the war is to be automatically guaranteed to 50% of the loan, but loans not supervised by state or federal agencies must be approved in advance in order to be guaranteed. The amount may not exceed $2000, but may be $4000 in the case of a real estate loan. Interest may not exceed 4%. Insurance. No reference is being made to government insurance because it is a contact and is only in force when premiums are paid. 1-13 Chester J. Beaudin, Vice President County Veterans Service Officers Association We realize that there are many citizens of our state who are not familiar with the type of work carried on through the Veterans Service Office. Among other things it has been the duty of this organization to solicit the cooperation of other agencies within the county. Therefore, we are pleased to have the opportunity of presenting our program to tell you some of the things that we do for the veterans and is dependent. The system of County Service Officers originated in Fond du Lac County in the year 1932. This was at the time that carrying for the county’s disabled veterans and their dependents had reached a tremendous high. At this time the Fond du Lac County Board appointed Leo Promen to the position of County Service Officer, and he was the first full-time man in Wisconsin. You may be interested to know that Wisconsin was the first state in the union to establish the system of County Service Officers. New York and California have similar setups and are now making revisions to follow the Wisconsin plan. Our neighboring states, Indiana, Illinois, Michigan, and Minnesota have just recently established this same system in their respective states. Our returning servicemen and women are one of the Nation’s greatest post-war assets. Everyone is interested in helping them get re-established in civilian life in as satisfactory a manner as possible. While certain State and Federal agencies are responsible by law for assisting veterans to obtain the right and privileges guaranteed them under state and national legislation, a large portion of the task of helping then become civilians again must be performed in their hometowns and communities. In the discussions which follow you will observe that this is the responsibility allotted to the Veterans Service Officer of each county. Almost every service officer of the state has been appointed re-employment committeeman to their local Selective Service Boards. We appreciate this cooperation by the State Headquarters of Selective Service. This connection gives us information that helps to better serve the veterans. The President by Executive Order #9427 issued February 24, 1944 placed additional responsibilities on the Selective Service System in connection with the Retraining and Re-employment Administration. By this executive order the State Director of Selective Service was charged with the responsibility of setting up “Information Centers” in each county to aid the veterans by furnishing information and assisting in their rehabilitation. Since Wisconsin had a system of County Service Officers that had been functioning for the past several years, it was recommended that these officers be designated to assist the returning veteran. Last Year the State Legislature passed a bill to make it mandatory that each county have a service officer to devote his full time in assisting the veteran and his dependent. George K Nitz of Green Bay, the first president of our Association when organized in the year 1935, has told you about this new law including the functions of the County Veteran’s Coordinating Council and how this fits into the plans of rehabilitation. 1-14 Harry L. Holmes, Member of Executive Committee You have listened to President Anderson, Mr. Nitz, Mr. Freemann and Mr. Beaudin explain the history of the Wisconsin County Veterans Officers Association and some of the benefits available to veterans. I shall attempt to point out to you a few of the many reasons why the county level is more to Be desired than any higher level. You have heard something of the Coordination Council, I like to think of this council and the County Service Officer as a large wheel. The Service Officer representing the hub and the various chairmen of the council as spokes. It is only natural for the newly discharged veteran to return to his old home and friends. This is close to the county sear, seldom more than twenty-five miles away at the most. The Service Officer, Selective Service Board, Ration Board and Register of Deeds are all located there so that only one trip is required for the combined services of these offices. The veteran first sees the Service Officer who counsels him or her on any problems they may have. The Service Officer also advises them on the many benefits available to them such as insurance, educational benefits, employment, hospitalization, claims, various forms of veterans’ preference and many others. I might say here that these benefits, whether national, state, or local, must all be applied for by the veteran; there being over one hundred sixty (160) different forms carried by the Service Officer for this purpose. Often times several calls may be necessary to complete the evidence needed to complete a claim. Furthermore, it is quite likely that he may be referred to one or more of the referral agencies or committees representing the spokes of the wheel. These agencies or committees are also located at the county seat, therefore, no long trip or wasted time. In fact, a one trip, one day service right at home. All County Service Officers are equipped to render field service in cases of emergency or disablement. This, also, requires short drives and litter time wasted, another distinct advantage. You can see the definite advantage in having the office on a local level, making personal interviews rather then making long drives or writing letters to a distant city which has never proved very satisfactory to veterans. I would like to give you an illustration of some of these advantages by citing the case of a veteran who wants to take advantage of an Agricultural Loan under the G.I. Bill. His Service Officer helps him make the application for Entitlement and Loan Guarantee, advises him as to lending agencies where he makes his formal loan application. His application is referred to another spoke in the wheel, the Agricultural Loan Committee, which will consider the veterans agricultural background, the production possibility and credit background of the veteran. You can again see the need for a local set-up whom the veteran knows, and is known to. As the county level the committee usually knows condition, production, problems, values, as well as all facts pertaining to all phases of the transaction. This is a decided advantage to the 1-15 veteran. This, likewise, applies to may other benefits; take for instance, a veteran wants to take” On-the-job-training” in his own community. This is earning on the job while learning. Maybe this veteran decides to learn to farm right on the farm at home for this type of educational benefit. The Veterans Administration pays part and the employer part of the determined wage. The veteran usually contacts his Service Officer who knows the farms in his territory, refers him to a farmer who will help train him and assist both the farmer and the veteran in getting set-up and authorized. All of these are accomplished with the aid of another spoke in the wheel, the Educational advisor of the Coordinating Committee. As a last illustration, a veteran may want a car, a piece of machinery or other surplus was property to which veterans have certain preference so he makes application to the proper agency. He is then referred to another spoke in the wheel, Veterans Preference Committee, which will make the necessary investigation and if in order, the Service Officer will make the certification for the preference. Again, right at home, with no additional trip as he probably had to come to town anyway. These illustrations are only typical of what must be done at the time a veteran decides to apply for any benefits and should show you beyond a doubt that the County Veterans Service Officer on the local county level should be maintained to avoid the co-called “run-around”. To sum up: 1. The office is at the county sear where veterans deal with people who know then and with people they know. 2. It cuts to the minimum long drives to a State Capitol, or Veterans Administration. 3. Requires few contacts by mail, which are rarely if ever satisfactory. 4. In case of emergencies, the service officer is only a few miles away and may be contacted in a matter of minutes right at home. 1-16 COUNTIES PULL TOGETHER FOR STATE VETS Lorin D. Sather, Pierce County. The County Veterans Service Officer, (CVSO) will, on occasion, be in need of assistance on one case or another. The support and assistance network for each individual CVSO has several tiers. Besides having neighboring counties to use as a “sounding board” to help decipher what the best approach may be in developing any phase of a complicated claim or application, there are five regional sub-ass0ciations, within the state (northwest, northeast, southeast, southwest, and central). They meet about six times per year at different intervals. These day-long meetings usually feature guest speakers who may be from the VA medical centers, social service agencies, job service, the state legislature or a county board. The content of these guest presentations is obviously varied. In addition to the regional sub-associations, we have state and national associations. The Wisconsin association of CVSOs includes all 72 counties in Wisconsin and has two extensive training conferences each year in the spring and fall. This is where we discuss how to use our programs to the advantage of the veteran in need. At these conferences, we also share, with the newer service officers, pitfalls to avoid and successful techniques to use. The Wisconsin Department of Veterans Affairs and the U.S. Department of Veterans Affairs regional office each provide a full day of training and informational sessions in pre-designated areas. We are constantly receiving updates due to frequent changes in regulations and statutes. The upcoming spring conference in Rhinelander, this April will be unique since it involves two full days of training from the legal staff of the National Veterans Legal Services Project of Washington D.C. In November of 1988, congress passed the Veterans Judicial Review Act. (VJRA), which created a Court of Veterans Appeals (COVA), which added a new level to the veteran’s appeal process. The VJRA also significantly changed the rules of adjudication that the VA must follow. The rulings that have resulted have altered the preparation and presentation of claims that CVSOs submit to the VA. The association is looking forward to and is excited to learn more from these experts about COVA, and its effect on our veterans. Our state association is unique in that we have set up our own professional standards committee. To assure and maintain a high level of professionalism within our membership, we initiated a trial certification program with a CEU (Continuing Education Units) type of format. Although not formalized at this time, our goal in the near future is to have all Wisconsin CVSOs certified for case presentation to the VA. We believe that the veterans of Wisconsin have, through the CVSO system, the most dedicated and knowledgeable representation in the nation. 1-17 The National Association of CVSOs is still in it’s infancy. Its first organization was held in June of 1990. There are already 17 member states with 678 individual CVSO members. Wisconsin is a charter member state and the current president of the National Association is Taylor CVSO, David Thomas of Medford WI. Wisconsin CVSOs have probably the largest array of state benefits to administer, and with all the support we receive from our counties and from the local veterans population, numerous states have looked to us for the history and perspective of our efforts to assist veterans and dependents as a blueprint for themselves. Wisconsin CVSOs are at the forefront of providing for our clients, and serve as a national model through their involvement in the national association. Thomas, the national president, recently stated “It has been a tremendous learning experience in that each state association is different, and the roles of the CVSO are vastly different from one state to another. Wisconsin is definitely in a major leadership role in that our state association in one of the oldest, best organized, and the most active in the country.” Thomas added, “We truly serve as an outstanding example of what a CVSO association should be and can be for those other state associations that are not nearly as developed and active as we are.” To provide the level of service that our counties’ veterans deserve, it is essential that CVSOs participate in their state and sub-associations for this continued upgrading of skills in delivering services to our veterans. 1-18 CVSOs: REAL NEEDS, REAL PEOPLE: Gary McGoey, Outagamie County Today’s County Veterans Service Officer (CVSO) is much more than just a technician who fills out forms that are required to enable a veteran to obtain a benefit or entitlement. There is a vast array of services that are provided, which range from answering simple telephone inquiries about eligibility for veteran’s programs to dealing with problems that require imaginative and innovative solutions. The contemporary CVSO must be prepared to face a complex rage of problems in a society that is becoming increasingly complex. Today’s CVSO must be aware of a resource network where the veteran client can obtain assistance in an era when eligibility for federal and state veterans’ benefit programs, including health care, has become ore and more restricted. Problems we face often cannot be solved through the traditional contacts that are available on the federal or state levels. I would like to briefly describe a few cases that I have recently handled to illustrate how complex the duties of the veterans service officer has become. In late September of 1991, a 23-year-old Persian Gulf War veteran visited my office. This parents were divorced while he was dodging land mines in southern Iraq in 1991. Last July, his 24-year-old brother committed suicide. Two months later, his father also killed himself. After I learned of his brother’s suicide, I had sent this young man a note, offering my assistance, but he did not respond. When his father died in September I tried to reach him several times by telephone. When he arrived at my office, his eyes were moist with tears, but he would not allow himself to cry in front of me. With profound sadness, he simply said, “I need help with the.” I assured him that I would help him find a counselor who could help him work through his grief. I gave him my hoe telephone number, and asked him to call me at work or at home, or to come to my office at any time until I arranged counseling. Within a few days, we had scheduled him for an appointment with a mental health agency where he continues the counseling process. He has been able to maintain his full-time academic load at a local college and a part-time job as he works through the grieving caused by events beyond his control. I am amazed at the resiliency and courage that this young veteran possesses. The next case is a 75-year-old World War II veteran. He has been rated 100 percent disabled as a result of his military service. The veterans administration had allowed him to use a fee basis card for local medical care. Under the fee basis program, disabled vets are allowed limited health care at local facilities at Veterans Affairs (VA) expense when they are unable to get to the nearest VA facility. In May of 1992, he was hospitalized locally for his heart condition. After a few days, he was stabilized and transferred to the VA medical center in Milwaukee for the duration of his hospitalization. Two months later, the VA informed him that he was no longer eligible to use his fee basis card for local care. The VA logic was that since he was not able to travel the 1-19 100 miles to Milwaukee, they would no longer authorize care at VA expense at non-VA facilities. He visited my office to appeal the VA decision. He feared that if he was having heart problems, he would be requested to travel to Milwaukee for medical attention. We appealed the decision to the medical center director who upheld the decision to make the veteran surrender his fee basis care. Subsequently, we asked for a personal hearing before a board of medical administrators at the VA medical center in Milwaukee. When this hearing is held, I am confident that we will be able to convince the board that he should be entitled to keep his fee basis card. If we do not succeed at that level, we will file a formal appeal with the Board of Veterans Appeals, in Washington, D.C. The third case is a 37-year-old veteran of the Vietnam era. He has led a very troubled life that has been complicated by addiction to alcohol. He spent a very short period of time in the military, but was honorably discharged. He spent more than 15 years in prison, prior to his release in February of 1991. After his release, he returned to Appleton to commence drinking. Because of his lack of education and experience, he is unemployable in any type of skilled trade. He is now undergoing an assessment with the private industry council in Appleton, and has taken aptitude and interest tests at Fox Valley Technical College. His test scores indicate that he has great abilities in the mechanical and electrical trades. He has remained sober for several consecutive months, and is preparing to enter school once he is accepted for admission. When I met him he was homeless, and through our efforts, combined with those of local private social service agencies, he is now living in an apartment. He is a handyman who is working to hake his apartment more livable. He hope to study a trade for two years, and upon graduation, become a productive member of society. The fourth case is a 25-year-old woman who is married to another veteran. Two years ago, while stationed in Germany, she became pregnant. Following her doctor’s advise, she asked her superiors to decrease the number of hours she was required to work until she had her baby. She was refused, and she suffered a miscarriage. Several months later, she again became pregnant. Again she was refused a decrease in workload. She was counseled by a non-commissioned officer who told her to accept an honorable discharge after service 28 months or a 36 month enlistment. The officer assured her that she could return home to use her G.I. Bill Education benefits. She returned home at the same time her husband was deployed to the Middle East, during the Persian Gulf War. When she visited my office to apply for her educational entitlement, I was unfortunately required to tell her that because she had not completed her enlistment, she was not eligible for educational benefits and she had lost the $1,200 that she had contributed to the program. She asked me to submit the application anyway. Her benefit was denied. She appealed, and the denial was upheld. 1-20 In the course of our discussion, she complained about back pains that had begun in the Army. We filed a claim for service connected disability compensation, and she was granted a disability rating of 10 percent by the VA. Now she is eligible for vocational rehabilitation benefits offered by the VA, and we are optimistic that she will be able to enroll in school in the near future. The modern CVSO serves as a counselor, an advocate and a source of information and referral. Today’s CVSO must be perceptive, empathetic, and a good listener. A very important aspect of a good veterans’ service office has evolved to the point of becoming as modern as any other county department, which must be capable of handling a vast array of problems that range from the very simple to the very complex. Because of the sacrifices veterans and their families have made, they deserve the very best services that Wisconsin counties can offer. 1-21 CVSO ASSOCIATION PRESIDENTS: 1936-38 1938-39 1939-40 1940-41 1941-42 1942-43 1943-44 1944-45 1945-46 1946-47 1947-48 1948-49 1949-50 1950-51 1951-52 1952-53 1953-54 1954-55 1955-56 1956-57 1957-58 1958-59 1959-60 1960-61 1961-62 1962-63 1963-64 1964-65 1965-66 1966-67 1967-68 1968-69 1969-70 1970-71 1971-72 George K. Nitz Leo Proman Thomas J. Sandeman Edward J. Bernges Walter S. Huser R.B. Lewis George K. Nitz J. N. Johnson Ernest O. Anderson R. B. Lewis Oscar N. Markus Chester J. Beaudin T. C. Eckhart Riley D. Robinson William H. Miller Ernest A. Niles Arthur E. Leder Matt H. Schlosser Ray L. Smith Kenneth Woodring Joseph F. Klein Richard J. Buckley K. K. Johnson L. E. McEnroe Jack Luban Douglas Davenport Donald Dodge Paul Mockrud Lawrence D. Kenny Thomas Anderson Wesley Schwoegler Everette Guse Nolan J. Gibson Vincent Resheske Leslie R. Moede Brown Fond du Lac Oneida Dodge Barron Portage Brown Jefferson Wood Portage Taylor Oconto Manitowoc Juneau Winnebago Walworth Dodge Dunn Rusk Rock Brown Racine Columbia Fond du Lac Milwaukee Juneau Douglas Vernon Door Bayfield Dane Trempealeau Grant Wood Manitowoc 1972-73 1973-74 1974-75 1975-76 1976-77 1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 William Blattner Polk Robert L Blair Pepin Buel F. Ford Waukesha Walter Kalmes Buffalo Robert J. Martin Walworth Francis Everson Door Marshall H. Falk Marathon Roy D. Cropp Dunn Norman Stoneberg Lincoln George Bredesen Adams William E. Green Barron Arthur McCallun Racine Marita A. Smith Eau Claire Robert Heideman Dodge Harold Meshke Jr. Waupaca Teddy Duckworth Juneau David W. Thomas Taylor Dan Krehbiel Jackson Eldon Bader St. Croix Thomas Stern Wood John Margowski Waukesha Joseph Pastor Jefferson Wm. Stiefvater Manitowoc Donald Reichard Rock John Schnabel Langlade Robert Stone Rusk Jim Hannah Crawford Irv Yelle Buffalo Gerald Polus Brown James Riesenberg Sheboygan Mark Grams Dodge Christine Jordan Walworth Thomas Taber Grant Richard Gates Polk Michael Jackson Dane George K. Nitz of Brown County and R. B. Lewis of Portage county are the only two CVSOs to serve more than one term. The following counties have never had a CVSO as president. Ashland, Burnett, Calumet, Chippewa, Clark, Florence, Forest, Green, Green Lake, Iowa, Iron, Kenosha, Kewaunee, LaCrosse, Lafayette, Marinette, Marquette, Monroe, Outagamie, Ozaukee, Price, Richland, Sauk, Sawyer, Shawano, Vilas, Washburn, Washington, & Waushara. 1-22 ASSOCIATION MEETINGS-DATES & PACES Date/Place: County: Date/Place County 12/36 06/37 09/37 02/38 07/38 10/38 07/39 11/40 05/41 01/42 05/42 08/42 09/43 01/45 07/45 10/45 03/46 10/46 05/47 10/47 06/48 10/48 06/49 10/49 06/50 10/50 06/51 10/51 06/52 10/52 06/53 10/53 06/54 10/54 06/55 10/55 06/56 10/56 06/57 10/57 06/58 Brown Juneau Waupaca Fond du Lac Juneau Dane Juneau Waupaca Dodge Portage Eau Claire Waupaca Sauk Brown Juneau Manitowoc Kenosha Douglas Dane Brown Dane Marathon Dane Manitowoc Dane Portage Dane Barron Dane Wood Dane Door Dane Oneida Dane Milwaukee Dane Marathon Douglas Marinette Douglas 10/58 06/59 09/59 06/60 09/60 06/61 09/61 06/62 09/62 06/63 09/63 06/64 10/64 06/65 09/65 06/66 09/66 06/67 09/67 06/68 09/68 06/69 09/69 06/70 09/70 06/71 09/71 06/72 09/72 06/73 09/73 06/74 09/74 06/75 09/75 05/76 09/76 05/77 09/77 05/78 09/78 Outagamie Portage Racine Douglas Brown Dane Fond du Lac Portage LaCrosse Grant Vilas Crawford Wood Eau Claire Door LaCrosse Marathon Portage Sawyer Grant Walworth Pierce Eau Claire Douglas Milwaukee Dunn Iron Douglas Marinette Crawford St. Croix LaCrosse Manitowoc Portage Walworth Eau Claire Oneida Fond du Lac Green Lake Marinette Door Green Bay Camp Douglas King Fond du Lac Camp Douglas Mendota Camp Douglas King Beaver Dam Stevens Point Eau Claire King Baraboo Green Bay Camp Douglas Manitowoc Kenosha Superior UW Madison Green Bay UW Madison Wausau UW, Madison Manitowoc UW, Madison Stevens Point UW, Madison Rice Lake UW, Madison Wisc. Rapids UW, Madison Sturgeon Bay UW, Madison Rhinelander UW, Madison Milwaukee UW, Madison Wausau WSU, Superior Marinette WSU, Superior 1-23 Appleton WSU, Stevens Pt. Racine WSU, Superior Green Bay UW, Madison Fond du Lac WSU, Stevens Pt. LaCrosse USC, Platteville Eagle River, Prairie du Chien Wisc. Rapids WSU, Eau Claire Bailey’s Harbor WSU, LaCrosse Wausau WSU, Stevens Pt. Hayward WSU, Platteville Elkhorn UW, River Falls Eau Claire WSU, Superior Milwaukee WSU, Menomonie Hurley WSU, Superior Marinette Prairie du Chien Hudson UW, LaCrosse Mishicot Stevens Point Elkhorn Eau Claire Rhinelander Fond du Lac Green Lake Marinette Bailey’s Harbor ASSOCIATION MEETINGS DATES & PLACES: Date/Place County Date/Place County 5/79 09/79 05/80 09/80 5/81 9/81 5/82 9/82 5/83 9/83 5/84 9/84 5/85 9/85 5/86 9/86 5/87 9/87 5/88 9/88 4/89 9/89 5/90 9/90 4/91 9/91 5/92 9/92 4/93 9/93 5/94 9/94 5/95 10/95 5/96 10/96 5/97 10/97 5/98 10/98 Iron Marathon Sauk St. Croix Dane Langlade Rock Winnebago Portage Barron Portage Racine LaCrosse Eau Claire Iron Manitowoc LaCrosse Waupaca Portage Sauk Brown Marathon Marinette Jackson Dane St. Croix Eau Claire Portage Oneida Waukesha Walworth Jefferson Outagamie Manitowoc Brown Rock LaCrosse Douglas Portage Rusk 5/99 10/99 5/00 9/00 5/01 10/01 4/02 9/02 5/03 9/03 5/04 9/04 5/05 9/05 5/06 9/06 Iron Grant Outagamie St. Croix Forest Brown Dodge Manitowoc Door Waupaca Marathon Walworth Douglas Winnebago Waukesha Sawyer Hurley Wausau Lake Delton Hudson Madison Antigo Janesville Oshkosh WI Rapids Rice Lake Stevens Point Racine LaCrosse Eau Claire Hurley Manitowoc LaCrosse King WI Rapids WI Dells Green Bay Wausau Marinette Black Rvr Falls Madison Hudson Eau Claire WI Rapids Rhinelander Brookfield Lake Geneva Baraboo Appleton Manitowoc Green Bay Janesville LaCrosse Superior WI Rapids Ladysmith 1-25 Hurley Platteville Appleton Hudson Carter Green Bay Watertown Manitowoc Sturgeon Bay Waupaca Wausau Lake Geneva Superior Neenah Pewaukee Hayward HISTORY OF CVSO MEETINGS: 1935: An informal, informational meeting was held in Fond du Lac; all CVSOs were invited to attend. 1936: Motion to organize a state association to be known as the “County Veterans Service Officers Association of Wisconsin”. 1937: Original by-laws drafted and adopted 1938: Motion to have VA doctors desist from expressing their opinions as to the rating the veteran might expect to receive. 1940: Seven County Board chairmen attended the Fall Conference 1941: “Before leaving for home, we enjoyed a nice steak dinner for 40 cents served by the Beaver Dam American Legion Post.” 1942: Income limit for pension - $1,000 single; $2,500 w/dependents 1943: Motion to request the Legislature to change Chapter 59/08 so the first word be “Shall” instead of “May”. This is regarding County’s obligation of naming a CVSO. 1944: 65 of the 71 counties now have full or part-time CVSOs 1945: State rehabilitation loans are now available; up to $750 at 2% interest. 1946: Members were informed the Veterans Service Officers are no longer optional but mandatory. The interim committee of the State Legislature rejected the proposal that the Veterans Service Office be consolidated with the public welfare department. Wes Schwoegler, Dane and Jack Luban, Milwaukee, became the first World War II CVSOs although there were several assistants prior. 1947: Change in the by-laws to establish mandatory $5.00 dues. 1948: There was much discussion on forming a National Association of County Veterans Service Officers. 1949: The by-laws were changes to have the secretary-treasurer position appointed by the president-elect. 1950: First CVSO Advisory Council named in March. Members were E.O. Anderson, Wood; Jack Luban, Milwaukee; L.C. McEnroe, fond du Lac; George Nitz, Brown; Lon tubs, Trempealeau. 1951: The Secretary of the Minnesota CVSO Association attended the Fall Conference. 1-25 1952: Some legislative proposals: 1) That Advisory Committee have their expenses paid by the department. 2) Construction of a new hospital at king with 250 beds. 3) Pay part-time study after completion of the course – Only 11% of enrollees actually completed the course. 1953: All CVSOs received a plaque from the D.A.V. for “outstanding service for the Disabled American Veterans.” 1954: Herman Owen, Barron, spoke on the matter of all counties appointing a full-time CVSO and establishing minimum salary scale by state legislation. 1955: Discussion on WDVA not approving housing construction loan if the plans included a garage even though attached to the house. 1956: Recommended that CVSO tenure be changed from “two years” to “indefinite”. 1957: Motion to give 5, 10, 15, 20 years continuous certificates 1958: Resolution that the state provide “Disabled Veteran” license plates. 1959: First Korean Conflict veteran, Donald Lipke, named Crawford County Veterans Service Officer. 1960: Resolution to increase cost of home limit to $16,000 from $15,000, and permit construction of a garage. 1961: Oscar N. Markus, Taylor, resigned as secretary-treasurer after 17 years in that position (except for 1947-48 when he served one year as President). Vincent Resheske, Wood, assumed the job. 1962: General discussion centered on a uniform minimum pay scale and qualifications standard for CVSOs resulted in a motion to that effect. Thirty resolutions were introduced at the Fall Conference. A few were: 1) Increase housing loan to $4,000 from $3,500. 2) Increase cost of home to $17,500. 3) Reduce residency to five years, from ten. 4) Reduce age to enter King to 45, from 50. 5) To permit dependent fathers, as well as mothers, to be eligible for admission to King. 1963: Two automobile window decals were distributed to each CVSO. Motion to increase Association dues to $10.00 and $5,00 for assistants. 1964: Motion to allow $10.00 annually to each Executive Committeeman who attends Executive meetings. Jack Luban reported the CVSO Advisor Committee had expanded to seven members. A motion changed “CVSO Convention” to “CVSO Association Fall Conference and ServiceSchool”. 1-26 1965: Motion to issue a key to 5 and 10 year continuous membership. 1966: Motion to order CVSO lapel pins at a cost not to exceed $150.00: Resolution opposing any amalgamation or subordination of the WDVA with any other agency of government as recommended by the commission of Executive Branch Reorganization. (The Department has been challenged also.) Motion that the Association sponsor an annual merit award to some state citizen active in veterans affairs. First recipients are Major General John F. Mullin and John S. Drayna. 1967: Motion to re-introduce SB-521, CVSO grant bill. Approval was given for the revised Association By-laws. Resolution to raise Economic Assistance Loan interest to 3% to offset losses because of mandatory debt cancellation due to death of veterans. 1968: Motion to recommend eligibility for state benefits for all Vietnam veterans who served on active duty from August 5, 1964 to a date to be set by Congress. Resolution naming first vice-president t also assume the duties of Chaplain of the Association. 1969: “Liaison Committee” name changed to “Council on Veterans Programs.” Vincent Resheske, Wood, stepped down as secretary-treasurer after eight years in the position. 1970: Resolution to: 1) Include all Vietnam veterans for state benefits. 2) Raise loan limits on EAL to $3,000; secondary housing to $5,000. 3) Reintroduce CVSO grant-to-counties bill. 1971: Motion to increase Secretary-Treasurer salary to $300 annually from $180.00. 1972: Total cost for Spring Institute at W.S.U. Superior: Three nights lodging-$9.00; Three breakfasts and lunches and Tuesday evening dinner-$9.25; Banquet-$5.00, including tax and tip; registration-$7.00; for a total of $32.25. “God and soldier all men adore, In time of trouble and no more, When the war is over and all things righted, God is neglected, the old soldier slighted.” President Moede, Manitowoc, introduces Teddy L. Duckworth, Juneau, first Vietnam service only, CVSO. Robert Blair, Pepin, gave a report on a meeting in Minneapolis attempting to formulate a National CVSO Association. All attempts to organize have been dropped. 1973: By order of the Exec. Committee, a $.50 fine SHALL be assessed for failure to wear your name tag. 1975: First Spring Institute held at other than a State University. 1-27 After six years as Secretary-Treasurer, Francis Everson, Door, stepped down to accept the 2nd VP office. Roy Cropp, Dunn, was named his successor by President-elect Walter Kalmes, Buffalo. 1977: Motion to raise CVSO dues to $15.00, assistants pay $5.00. 1978: Speaker at the Fall banquet was Lee Sherman Dreyfus, Republican candidate for governor. 1979: Motion to present CVSOs with a plaque when they retire because of age or disability. After a four year tenure as Secretary-Treasurer, Roy Cropp, Dunn was elected President. He appointed Robert Blair, Pepin to that position. 1980: Resolution to increase the CVSO Grant-to-counties to $5,000.00. 1984: Motion to raise CVSO Association dues to $20.00; Assistants to $10.00 effective 1986-87 1985: John Maurer, Kenosha named to become John B. Ellery’s successor as Secretary of the Wisc. Dept. of Veterans Affairs effective 5/1/1985. Most department heads, including CVSOs, who are appointed by a county executive or administrator will now serve at the pleasure of the exec. or administrator, effective July 1985. 1987: Professional Standards Committee stabled to aid CVSOs in improving quality and range of services. 1988: Pro-Standard Committee changed from Ad-Hoc to standing committee. 1989: Discussion of possible consideration of National Association of CVSOs discussed and received with favorable consideration by CVSOs. Income limits increase on Primary Mortgage to $36,000.00 for FY 1990. EAL loan income limits increased to $28,000 and 30,000 for FY 1990. A new home improvement loan introduced for FY 1989-90. 1990: Expanded use of the Health Care Aid Grant for dentures was revised due to extensive use. The revision is reconsidered with more stringent guidelines in the future. Dave Thomas, Taylor attended 1st National Convention of CVSOs and will report to the 1990 Fall Conference for consideration by the membership of possible Wisconsin participation. A new Retraining Grant program allowing unemployed veterans to apply for a grant of up to $3,000 per year for a maximum of two years. 1991: Criteria for continuing education was approved by the CVSO Association. This certification process was established to recognize the professionalism of members. Ted Duckworth, Juneau, was appointed by Governor Thompson to the Board of Veterans Affairs. 1-28 An income limit of $31,000 was imposed on the Part-time Study Grant, and the 2nd Mortgage Loan Program was eliminated with the 1991-93 Biennial Budget Bill. 1992: Raymond G. Boland, (Former Commander of Fort McCoy and retired career Army Colonel) appointed Secretary of WDVA on 2/21/1992. The CVSO Association created the position of Historian. Jim Riesenberg, Sheboygan, was appointed. Legislative Council Special Committee on the Veterans Trust Fund was created. Public hearings were held. This was prompted by the $4.2 million loan taken from the VTF by the legislature. The Council on Veterans Programs began to explore the need for a second state veterans’ cemetery. Wood VA Cemetery is predicted to close for casket burials in 1995. Dave Thomas, Taylor, serves as NACVSO President. John Schnabel initiates computerization of Association secretary position and the officers handbook. Outagamie CVSO Francis “Stack” Hesakker retired after 46 years as VSO and 10 as Deputy. 1993: Dedication of the WDVA Veterans’ Museum in Madison attended by Jesse Brown, Secretary, USDVA. Duane Bauer, Dunn, appointed WI CVSOA delegate to National CVSO Association. National Veterans Legal Services Program (NVLSP) puts on extensive training program for CVSOs. 1994: Commencement of the WDVA sponsored Veterans Assistance Program to alleviate the suffering of homeless veterans. Governor signs AB 619 with extensive changes in benefits for Wisconsin Veterans. 1995: WDVA Cemetery in SE Wisconsin in Implementation stages. Lorin Sather, St.Croix, appointed WI CVSOA delegate to National CVSO Association. CVSOA Advisory Award initiated and given posthumously to Wayne D. Horner, former Assistant Dane CVSO. 1996: Association flag designed and Association purchased pole at Wisconsin Veterans Tribute, Cadott, WI CVSO Marita Smith gets 25 year certificate. Association committee works to update procedures and increase the CVSO Grant. 1-29 1997: WDVA eliminates the Economic Assistance Loan (EAL) program and Part-time Study Grant (PTSG) is reduced to 50% from 100% Personal Loan Program (PLP) initiated as an on-line application Fran Everson gets 30 Year continuous service certificate from the Association. Advocacy Awards to Jerry Cornelius and Tom Wynn. Tom Taber ends five-year stint as Assoc. Secretary. WDVA provides computers to 40 CVSOs. 1998: Fran Everson retires after 31 years service; advocacy award to Edo Maccari; Northwest Veterans Memorial Cemetery is dedicated; USDVA regionalizes insurance operation in Philadelphia, and home loan guaranty in Minneapolis. 1999: A Three Year Training Plan for the CVSOA of WI was proposed (USDVA a major portion of each conference and WDVA programs handled at the Regional Association level or be WDVAsponsored training). A CVSOA of WI website was discussed. 2000: The CVSOA of WI supported a new WDVA Funeral Honors Bill; a Strategic Plan was accepted by the Association members; The Training and Certification Committee was formed. 2001: Training by Ron Abrams, of NVLSP; WDVA Transportation Grant initiated; Regionalization of CVSOs by WDVA was discussed; a new Secretary of Veterans Affairs, Anthony Principi was nominated. The Association took membership in the Coalition of Wisconsin Aging Groups (CWAG). 2002: The CVSOA of WI “Company Store” was introduced and all members received a “Free” shirt. A sound system for the Association’s meetings was approved. Membership in the CVSOA of WI was expanded to include Native American VSOs. 2003: A POW flag has been donated to the association. A NACVSO representative attended our conference. The CVSOA of WI began contributing articles to the Counties Association Magazine. SB 170 (Omnibus State Veterans’ Benefits bill) had numerous revisions due to the CVSOA of WI actions. The CVSOA of WI supported Senator Feingold’s Veterans Outreach Initiatives. The Association will take control of the CVSO picture directory and the CVSO Manual. The CVSOA of WI will support hosting the National CVSOA conference in June 2007 in Milwaukee. John Scocos was appointed the new WDVA Secretary, following Ray Boland’s retirement. 2004: Bi-annual budget bill approves most of the proposals and benefit changes to implement WDVA’s Solvency plan for the Veterans Trust Fund. (Phase I). 2005: Planning intensifies and commitments made to host the 2007 NACVSO conference in Milwaukee in June 2007. Jim Young, Vernon Co. heads up this effort. 1-30 CVSO HISTORICAL BACKGROUND INDEX SECTION SUBJECT 1) A history of Wisconsin’s County Veterans Service Officers See: http://badger.state.wi.us/agencies/dva/museum/hist/cvsohist.html 2) CVSO Association Presidents, 1936 – 2006 3) Association Meetings – Dates & Places 4) History of CVSO Meetings 1-31 SECTION 2: CVSO/WDVA ORGANIZATION & STRUCTURES INDEX SECTION SUBJECT PAGES 1. CVSO Organization & Structure 2-1 to 2-3 2. WDVA Organization & Structure 2-4 to 2-7 CVSO: ORGANIZATION AND STRUCTURE The following guide is designed to provide a brief outline of the structure, association and responsibilities of the groups listed below. BOARD OF VETERANS AFFAIRS The Board of Veterans Affairs is the overseeing, controlling body for Wisconsin veteran matters. The Board is made up of seven members. Each member is appointed by the Governor and serves a six-year term. The Board of Veterans Affairs appoints the Secretary of the Wisconsin Department of Veterans Affairs, who serves at the pleasure of the Board. The Secretary oversees the operation of the Department, the Wisconsin Veterans Museum, and the Wisconsin Veterans Homes at King and Union Grove. The Board approves proposed policy and structural changes within the Department, as well as changes in the Wisconsin Administrative Code. The Board also approves proposed legislative changes which are proposed by the Department and/or from other sources which want Board approval and support. The Board meets 10 times per year at locations throughout the state. THE CVSO ADVISORY COUNCIL This body is the CVSOs direct link to the Board of Veterans Affairs. The Council is made up of 10 members, who serve three-year terms. Members of the Council are appointed by the Board of Veterans Affairs, after recommendations from the President of the CVSO Association. The members of the Council choose the Chairman and Vice-Chairman of the Council. The CVSO Advisory Council serves in an advisory capacity to the Board of Veterans Affairs. From the CVSO perspective, the Council provides input and recommendations on matters before the Board. The Council can also bring new issues before the Board for their consideration and/or action. The CVSO Advisory Council is NOT a body of, or associated with, the State CVSO Association. It is completely separate from the Association and can take action in cooperation with the Association or take an independent or possibly opposite stand on any issue. Issues and concerns which come before the CVSO Advisory Council and the State Association are often different and unrelated. Any CVSO can present agenda items at any time for Advisory Council consideration. 2-1 THE WISCONSIN STATE ASSOCIATION OF CVSOs This organization is the statewide organization comprised of all CVSOs and assistant CVSOs who choose to belong, through the payment of the annual dues. The Association is structured and regulated by its by-laws. The State Association exists to accomplish several purposes. First, it provides a united vehicle through which we can work to preserve and improve veterans' programs. By acting as a united political force, the Association provides a means of expressing our collective opinions on issues and concerns. Other goals are as follows: (a) to develop cooperation between individual CVSOs; (b) to provide support to individual CVSOs when needed and appropriate; (c) to provide a means of exchanging ideas and ongoing training at our spring and fall conferences. In addition to the officers of the Association, there are also three standing committees as part of the State Association's structure. The duties and responsibilities of each are defined and governed by the by-laws. THE EXECUTIVE COMMITTEE This Committee is the governing body of the Association between the regular meetings of the Association. The Committee is empowered to take action on any issue or concern which cannot be addressed by the entire Association. The Executive Committee reviews issues to come before the Association meetings and offers recommendations on proposed action to be taken by the Association. The Committee also carries out the disposition of resolutions passed by the Association at the conferences. The Executive Committee sets up the agendas for the Association's spring and fall conferences. Any CVSO may bring an issue or concern to any member of the Executive Committee and request committee consideration and/or action. Thirteen CVSOs make up the Executive Committee as dictated by the by-laws. THE LEGISLATIVE COMMITTEE This Committee is made up of three CVSOs. The Legislative Committee is tasked to reflect and promote the majority view of the association as it relates to political or legislative issues, state or federal. Over the past few years, this committee has evolved as the legislative eyes and ears of the Association, especially on state legislative action. This has become an extremely helpful and desirable role. 2-2 The chairman and/or a member of this Committee gives legislative reports at all Executive Committee meetings, Association Meetings, and meetings of the CVSO Advisory Council. THE PROFESSIONAL STANDARDS COMMITTEE This Committee is the newest standing committee and is also structured and regulated by the by-laws. The purpose of this Committee is as follows: (a) to develop standards which will increase the professionalism of the CVSOs; (b) to develop a standardized job description for CVSOs to be used as a guide for development of specific CVSO job descriptions; and, (c) to perform other related activities as deemed appropriate by the Association, Executive Committee, or the President. This Committee by itself, or in cooperation with the Education Committee (should one be appointed) plans and participates in the CVSO Schools at the Association Conferences. 2-3 THE AREA ASSOCIATIONS There are currently four area associations; the Northwest, West, Southwest, & Southeast CVSO Associations. These are regional area associations of the State CVSO Association, though no formal structure from the State Association mandates the existence of these groups. Basically, these area associations provide regional bodies that can facilitate additional training, address regional issues, and allow for more frequent coordination and cooperation between the region's CVSOs. These area associations also bring issues of concern to the Executive Committee and/or the State Association. Often most of the resolutions to be considered by the Association at the conference come from the area associations. Again, it should be noted that it is not the design of this outline to have included every possible function or role of any of these groups. The intention was to illustrate how these bodies are structured in relation to each other, and their primary functions. Most important is the understanding of the difference between the functions of these groups, such as the CVSO Advisory Council is not a body of or attached to the State CVSO Association or any of its committees. 2-4 WDVA: ORGANIZATION AND STRUCTURE WISCONSIN DEPARTMENT OF VETERANS AFFAIRS Agency Responsibility: The Department provides health, educational and economic assistance to specified veterans of the armed forces of the United States and their dependents. Included are low-interest home purchase, construction and improvement loans; economic assistance loans for education, home repair, business, debt consolidation, or essential economic aid; educational grants to all eligible veterans for part-time or full-time study at schools within the state; retraining grants; health care and subsistence grants; a veterans assistance program, a claims service; grants to service organizations that provide assistance to veterans; assistance for incarcerated veterans and recently released veterans; operation of the Wisconsin Veterans Homes, the Wisconsin Veterans Memorial Cemeteries and the veterans museums. The Department serves an estimated 508,600 veterans living in Wisconsin, including 29,600 Persian Gulf veterans, 152,300 Vietnam era veterans, 83,100 veterans of the Korean Conflict, 140,500 World War II veterans, and 400 veterans of World War I. Unit Functions: The Division of Administration provides administrative services to the Department, including direction of research and evaluation of existing programs; budget development, implementation and control; data processing and information systems analyses and delivery; personnel administration; labor relations; training and staff development; payroll administration; administration of employee benefits; liaison to state and federal agencies; accounting and fiscal management; telecommunications; purchasing and contractual services; space management; records management; fleet management and other miscellaneous support. The Wisconsin Veterans Home is located at King, Wisconsin. In continuous operation since its founding in 1887 by the Wisconsin Department of the Grand Army of the Republic, the home has about 750 members, over 75 percent of whom are veterans with the remainder being dependents. Members receive complete personal, nursing, medical and rehabilitative care. Facilities at the home include four licensed, modern skilled nursing care buildings: MacArthur Hall, Olson Hall, Stordock Hall, and Ainsworth Hall. Other facilities include: 14 cottages for married couples able to care for themselves, chapels, a post office, a theater, bowling alleys, a museum and a library. Services include: complete medical and nursing care, therapies (physical, occupational, activity/recreational, speech and respiratory), food services, laundry, social services, recreational and social activities, and religious services. The home also has an active volunteer program. In the last fiscal year, 461 volunteers contributed in excess of 65,600 hours of service. (Equivalent paid staff benefits would approximate $700,000 dollars.) Members and their dependents are classified into specific care levels, depending on individual needs. Some members require skilled nursing care, while others need one of four levels of intermediate care. Those basically able to care for themselves are placed in domiciliary care. In recent 2-5 years, the home has been providing higher levels of nursing care for an increasing number of aging and disabled members. Membership at the home is open to veterans who have served honorably during a wartime period specified in the Wisconsin statutes. Veterans who are permanently incapacitated due to age or physical disability and those unable to follow any substantially gainful employment, who meet service and residency criteria, and who apply income and resources to the cost of their care to the extent required under Medicaid eligibility standards, may be admitted to the home. The spouses of such veterans may also be admitted. The home also operates the Wisconsin Veterans Memorial Cemetery. Any member of the home, any honorably discharged veteran of any war who is a resident of the state at the time of death, and any parent or surviving spouse (if application is made within six months after the veteran's death) may be buried in the cemetery. The Division of Veterans Programs includes four Bureaus: Claims, Collections, Loans and Grants and Veterans Services. The Bureau of Claims is co-located with the U.S. Department of Veterans Affairs regional office at Milwaukee. The bureau assists Wisconsin veterans in the pursuit of claims against the federal government for compensation, pension, education, back pay or any other problems arising from military service. Representation by the claims office is free of charge to the Wisconsin veteran. The Bureau of Collections is responsible for the collection of delinquent loan accounts, which may involve acquisition, management and sale of real and personal property. Other responsibilities include inspection and appraisal of real estate which is the subject of loan applications, and servicing of the Veterans Trust Fund portfolio. The Bureau of Loans and Grants administers the Department's Primary and Home Improvement Home Loan Programs. The Primary Home Loan Program provides first mortgage 30year loans at a fixed rate of interest for the purchase or construction of private housing by qualified Wisconsin veterans. It is financed principally through the sale by the state of self-amortizing lowinterest rate general obligation bonds. The Home Improvement Loan Program was developed to provide qualified Wisconsin veteran homeowners of low to moderate incomes with loans. Veterans with a minimum of 10% equity in their homes may be eligible for $3,000 to $15,000 loans for 1 to 15 year terms. The loans must substantially protect or improve the basic livability or energy efficiency of the property. The Bureau of Loans and Grants also administers the department's Personal Loan Program, the Part-Time Study, Vet-Ed, Retraining, Health Care Aid and Subsistence Aid Grant Programs. The Personal Loan Program permits eligible veterans to borrow up to $25,000 at varied annual rates of interest. The loan may be used for any purpose. The prior Economic Assistance Loan program and the Personal Loan Program has provided more than 86,000 low-interest loans since it began in 1945. 2-6 The Part-Time Study Grant has been modified and now is managed under the Wisconsin G. I. Bill program. Eight credits or less is part-time for a student with a bachelor's degree. Reimbursement may be made for a variety of courses offered by schools accredited for the Guaranteed Student Loan or Pell Grant by the U.S. Department of Education. The Health Care Aid Grant is available to help pay the cost of Dental care,($2,500) Hearing Aids, ($1,500 per ear) & Glasses ($500) for veterans who are unable to pay with their own resources. The Subsistence Aid Grant provides money to veterans or surviving spouses and their families to help pay basic costs of living when illness, injury or death causes a loss of income. Being unemployed is not sufficient to qualify. The Retraining Grant provides recently unemployed veterans who demonstrate financial need with up to $3,000 per year to pursue a retraining program than can be completed within two years. Retraining that can reasonably be expected to lead to gainful employment qualifies for this grant. The Bureau of Veterans Services is responsible for marketing, grantsmanship, program planning and contract monitoring. It consists of the Outreach, Troops to Teachers, and Veterans Assistance Sections. The Veterans Assistance Program is to help military veterans who are homeless or at risk of becoming homeless obtain steady employment and affordable housing to reintegrate into the community. Veterans Assistance centers are located at five sites throughout the state. The Troops to Teachers Program is designed to help separated members of the Armed Forces obtain alternative certification and employment as teachers or teachers aides. These men and women will transfer their knowledge, instructional and organizational skills to the classroom as well as provide positive role models for students. An assisted-living or community-based residential facility for veterans may utilize existing buildings on the campus of the Southern Wisconsin Center. This will not be as comprehensive as the facility at King, but will be a retirement community for veterans and spouses who don't require skilled nursing care but may require help or special accommodations to operate their households. Obviously this facility has now been developed and is up and running. The Veterans Home in Union Grove has offered Adult Day Care for the past couple of years, and some assisted living services. A new 120 Bed Skilled Nursing facility has now been opened and is operational. Wisconsin Veterans Museum, dedicated to the citizen-soldiers of our state, is located at 30 W. Mifflin Street in Madison. The facilities have been expanded to include artifacts from the Civil & Spanish-American Wars, WW I, WW II, Korean, Vietnam & Persian Gulf Wars. A changing exhibits gallery dealing with various historical themes has also been added. In addition to numerous artifacts, the galleries contain three large dioramas and over sixty-five individual figures. The Museum is open to the public Tuesday through Saturday: 9:30 a.m. to 4:30 p.m., Sundays (April through September): Noon to 4:00 p.m., and closed on Mondays and Holidays. The Museum also maintains and displays veterans artifacts at the King Veterans Home in several permanent displays. 2-7 SECTION 3: THE OUTREACH FUNCTION INDEX SECTION SUBJECT PAGES 1. Outreach 3-1 to 3-2 2. Outreach Efforts 3-3 OUTREACH For most County Veterans Service Offices, there is very little distinction between outreach and public relations. However, it is helpful to think of your outreach program as an attempt to connect specific veterans with specific programs while your public relations activities are directed toward making your office and programs more visible within the veterans' community. The amount of outreach done by your office is limited only by the amount of time, budget and energy you are willing to expend on outreach activities. Personal contact is the key to development of a good outreach effort. It is probably out of the question for most CVSOs to have someone out knocking on doors looking for veterans. Therefore, we must rely on personal contacts with media personnel and organizations. Through these contacts, referrals can be developed both to and from the CVSO. Traditionally, veterans have received benefits and program information through the veterans' organizations such as the VFW, American Legion and DAV, and other Veterans Service Organizations. These organizations' monthly publications give the veteran an idea as to what is available and normally suggest contacting post service officers. The CVSO needs to establish personal contact with the various post service officers of these organizations so that the benefit applications and questions are directed to the CVSO. This referral can be accomplished by the CVSO visiting local posts and by holding a Service Officers Night or workshop for the various organizations. We should keep in mind that the auxiliary units of the veterans organizations can also be a good source of contact in any outreach effort. Contact with your local labor unions as well as fraternal, social and religious organizations should be a part of any outreach effort. In many cases, veteran members of these groups are more active than they are in veterans organizations. Contact with these organizations (Lions Club, JC's, etc) brings the CVSO into contact with a greater variety of individuals who in turn have contact with a greater variety of veterans. The CVSO can make a presentation at one of the organization's meetings concerning programs of interest to the membership. For instance, with the JC's, one could speak on the topics of business loans, on-the-job-training and part-time study benefits. Such programs may give you direct contact with veteran members or with a referral to someone who may be in need of your assistance. Direct and indirect contact with your local hospitals and nursing homes will not only bring in potential pension and medical claim, but referrals for loans as well. Let the admissions, accounting and social work offices know that you are available to assist them with problems relating to veterans and their dependents. You could assist in development of a question on an application which would identify persons who may need your assistance. Personal contact with these facilities is also helpful when you need a medical statement or copies of records. Frequently, a nursing home will publish a newsletter which shows patient birthdays anniversaries and admissions. If you cannot work directly with the facility, ask to be put on their mailing list so that you can get this information. If you spot the name of a veteran or dependent in the publication, you can contact the facility or the family to get pension or medical benefits applications going. If you have a college or vocational campus in your area, it is wise to develop contact with the admissions, registrar and financial aids offices. Although you may not be directly involved in GI Bill benefits, this contact can lead to contacts for medical benefits or loans for student veterans, their 3-1 dependents and facility personnel. The same is true of contact with your local National Guard and Reserve units. Many of their members also have active duty time, which qualifies them for veterans benefits. Of course, working with your local county, state, and federal agencies is always good policy when it comes to outreach. This is a two way street with referrals between the CVSO and other agencies. Personal contact with individuals in Social Services, 51.42 Board and area aging agencies will bring you veterans in need of specific types of assistance. Several CVSOs have developed office newsletters or bulletins and have regular information articles in publications from other agencies. These articles do not need to address specific programs. For instance an article concerning the various veterans memorial projects may generate contacts with individuals wanting more information on the memorial. Occasionally, these individuals need other assistance as well. That individual may also have a friend or relative who does not want to contact you directly, but is in need of assistance. As stated at the beginning of this section, what the individual CVSO does in the area of outreach depends on how much effort that CVSO is willing to expend. 3-2 OUTREACH EFFORTS: 1. Indirect contact through: a. b. c. d. 2. Electronic media - interviews, call-in programs, etc. Print media - advertising from VA and WDVA, CVSO articles Organizational, agency or facility newsletters, Church Bulletins CVSO newsletters, business cards & pamphlets at clubhouses Direct, personal contact through: a. b. c. d. e. f. g. h. Veterans organizations & auxiliaries (VFW, DAV, Legion, etc.) Non-veteran fraternal, social & religious organizations (Elks, etc.) Hospital & nursing home admissions, social workers & bookkeepers School admissions, financial aids & registrar offices Labor unions National Guard & Reserve units Local media reporters & editors Other government agencies (Social Services, Job Services, etc.) 3-3 SECTION 4: PUBLIC RELATIONS INDEX SECTION SUBJECT PAGES 1. Public Relations 4-1 to 4-3 2. Summary 4-4 PUBLIC RELATIONS Public relations can best be defined as "Public Image." The goal of effective public relations is to increase awareness. Ideally, this awareness would be of both our presence in the community, as well as of the programs and the information that we have to offer. Public relations has become an essential tool in fostering an effective operation. Prospective clients need to know; where you are located, when you are open for business, how you can be reached, what you have to offer, and why they would want to see you. The image of how accessible you are, and to what extent you are committed to your work, can easily be established through effective public relations. Obviously, the better the image the more confident clients will feel in approaching you and requesting assistance or information. Public relations and outreach are sometimes confused. There certainly is an interrelationship, but in the interest of simplicity, public relations can be defined as an image perception. Outreach is a type of job performance; an additional means of reaching and serving the veteran and his/her dependents. Of course, such action affects public relations at the same time. This section is not intended to be an all inclusive manual on how to conduct public relations. These ideas are general in nature, and CVSOs must make adjustments to accommodate the various limitations and resources in their particular area. The purpose of this section is to illustrate the importance of good public relations and its relationship to professionalism. WAYS OF DEVELOPING GOOD PUBLIC RELATIONS Develop a close working relationship with your county veterans' service organizations Being a veteran is important enough to the members of these organizations that it merits their membership and activity. The members of these organizations can be valuable allies, and a possible source of help. These relationships can be developed by attending each post's or chapter's meetings periodically throughout the year. Perhaps this can only be once or twice per year, but it can be well worth the effort. Many counties have Allied Veterans Councils. But periodic contact with individual posts and chapters is still very important. If attending post or chapter meetings is not possible, you should establish a means of getting information to these organizations on a regular basis. Information regarding program explanations or important program changes can easily be sent on a regular basis. Whether they use this information is not important. What is important is that you have done all you can to ensure that the information is available. Additionally, by giving it to them, you make them a partner in getting this information out to other veterans. Remember, these members are a direct source of referrals. Often they know of veterans who need help but you don't know about. With a little information, they now feel that they can help because they know what you can do. 4-1 Another idea is to prepare a program, or provide a general guide to veterans' programs specifically for the organization's service officer. They might already have this information in their manuals. They might read your information. Here again, what is important is that you made the effort. You are telling them that their position is important. Working with the auxiliaries is just as important. They can be excellent motivators. After a presentation to an auxiliary, there may be an increase in veterans' inquiries. Sometimes, the only way to ensure that a veteran takes advantage of a program is to tell his spouse about it. Also by working with the auxiliaries, you are also recognizing their vested interests in the matters that affect veterans. We all know that there are problems between organizations from time to time, or perhaps all of the time. Though it may be difficult, neutrality must be maintained to remain effective. Media Usage The use of media to inform the public is another very important tool. It increases awareness about the impact of the veterans service office on the county. It is a good idea to release your annual report to the media. You never can tell when this will come in handy. It is important to develop media contacts which reach all segments of the public. Radio call-in programs are very useful. In the smaller markets and rural areas, there seems to be an increase in these types of programs. In addition to providing information on the various veterans' programs, you can also participate with other guests in discussions about problems that veterans' programs are designed to help. Many times local stations will run public service announcements which can be 10, 15, or 30 seconds in length. These can be developed as "lead ads" which simply tell veterans they may have a reason to see you. For example: "Veterans, looking for a home loan? How about a fixed interest loan? See your County Veterans Service office for details." While these ads are not usually run in "prime time", they will be heard. When there is more than one station in a market, approach them all. What you are looking for is a broad audience mix. If radio stations have a local news broadcast, you can announce significant program changes as news items on these broadcasts. Changes in interest rates, or loan proceeds, or new program funding are all newsworthy. The Print Media offer hundreds of opportunities. In addition to the weekly or monthly article in the local paper, there are other publications which are often overlooked, such as shoppers' guides, other agencies' newsletters, or publications aimed at a specific audience or group. An article about veterans' programs or changes in programs are used as news stories, and this type of coverage is free. Print media also will run news stories covering events such as seminars, veterans' organizations projects, etc. Even though you often participate in such things as a member of the organization, try to get your position or office mentioned. This illustrates community involvement, and an "outside the office" presence of cooperation and unity with the groups. 4-2 Many organizations publish the minutes of their meetings in the local paper. If you are a speaker, or participant in their activities, make sure that this gets into the minutes. This reaffirms your commitment, willingness to be involved, and your expertise. If you find yourself with the need to publicize an event, or a project, don't overlook church bulletins. This really works! Most churches will be happy to print a blurb on a local event. Television is a more difficult medium to access. However, with the proliferation of cable TV services, local cable access is often easier. Of course, each service has its own rules on what they will put on, but it is possible to announce special events or meetings. Contacts with local network affiliates should be cultivated and used whenever possible. Here also, metro, urban, and rural markets will differ, which affects access, coverage and cooperation. 4-3 SECTION 5: RESOURCES INDEX SECTION SUBJECT PAGES 1. Recommended Resources for CVSOs – Printed 5-1 to 5-3 2. Recommended Resources for CVSOs – Telephone 5-4 3. Recommended Resources for CVSOs – Periodicals 5-5 4. Toll free & other Telephone Numbers 5-6 to 5-7 5. State Departments of Veterans Affairs 5-8 to 5-13 6. Internet Sites 5-14 to 5-16 RECOMMENDED RESOURCES FOR CVSOs 1) Title 38 USC - Pensions, Bonuses and Veterans Relief 2) Set of Current Wisconsin Statutes 3) PG 21-1 - Education Practices Practices and Procedures 4) Consolidated Addresses and Territorial Bulletin 5) 1B 2151 - Service Organization Representatives Accredited 6) M 242 - Insurance Operations part 42. NSLI Dividends (year) 7) VA Pamphlet 1-1 - Appeals Regulations and Rules of Practice 8) Index to VA Publications 9) IB 1756 - Physicians Guide for Disability Evaluation Exams and Procedures, Ratings and 10) VVA Guide to Veterans Benefits 11) VA Rating Tables 12) Certification of Students under VA Laws 13) DVB Circulars 14) M21-1 - Adjudication Procedures Comp Pension Amounts Burial Allowances and Special Ratings 15) M21-2 Part 1 - Revised Education Procedures and Authorization Procedures 16) USDVA Bulletins 17) Medical Dictionary 18) DIC Federal Benefits for Vets and Dependents 19) Any POST Service Officer Guide 20) H27-73-1 - Handbook for Veterans Benefits Counselors 21) King Veterans Home AODA Manual 22) Armed Forces Locator Directory 23) Chapter 45 State Administrative Code 5-1 Accrued 24) Various USDVA Pamphlets 25) State Veterans Benefits Brochures (WDVA) 26) Community Resources Guide, e.g., DILHR's Employment Review for your area; DOA's An Inventory of Services For Individuals In Need of Housing 27) Blue Book 28) Bid Sheet of CVSO Conferences 29) Rollodex and Telephone Listing 30) WDVA Lenders Manual 31) M-27-1 - Veteran Service Division Operations 32) M 29-2 - Insurance Operations 33) Government Life Insurance Programs for Veterans & Members of the Service 34) Veterans Re-employment Rights Handbook 35) CVSO Directory 36) SSH 05-10135 - Social Security Handbook "Rights and Reality" (information on SSI, SS, DHSS, etc.) 37) Champus Handbook 38) Champva Handbook 39) Retired Military Personnel Handbook 40) Local City Directories 41) "What Every Veteran Should supplement; NVLSP "Self Help Guides" Know" annual 42) Vietnam Vet Survival Guide 43) U.S. Zip Code Manual 44) U.S. Map for County Seat locations 45) Community Services Directory (for local area) 46) Consumers Resource Directory 5-2 book & monthly 47) First Call for Help Directory 48) UW Small Business Development Center Manual 49) US Small Business Administration booklets, etc. 5-3 RECOMMENDED RESOURCES FOR CVSOs 50) Department of Veterans Affairs, Handbook for Veterans Counselors, Handbook H-27-73-1 and Changes. Veterans Benefits Administration, Washington, DC 20420, June 1984 51) Dorland's Illustrated Medical Dictionary; 26th Edition; W.B. Saunders Co., Philadelphia, 1981 52) Ronald B. Abrams, et al; Veterans Benefits Manual (Volume I and II): An Advocate's Guide to Representing Veterans and Their Dependents, National Veterans Legal Services Project; Washington, DC, 1991. Also, Veterans Advocate Newsletter. 53) Diagnostic and Statistical Manual of Mental Disorders (Third Edition Revised): DSM-III-R, American Psychiatric Association, Washington, DC, 1987. Fourth Edition - DSM IV, 1994. 54) The Merck Manual of Diagnosis and Therapy (Fifteenth Edition) Merck Sharp & Dohme Research Laboratories, Division of Merck & Company, Inc., Rahway, NJ, 1987. 55) Henry Campbell Black, M.A., Black's Law Dictionary Edition), West Publishing Co., St. Paul, MN, 1990. 56) (Thirty-seventh Gray's Anatomy Livingstone, New York, 1989. 57) Where to Write for Vital Records - Births, Deaths, Marriages and Divorces, DHSS Publication No. (PHS) 90-1142, U.S. Department of Health & Human Services, Public Health Service, Hyattsville, MD, June 1990. 58) VA Physician's Guide for Disability Evaluation Examinations, Department of Medicine and Surgery, Washington, DC, 1985. 59) Title 38 - Code of Federal Regulations -- Pensions, Bonuses, and Veterans' Relief, (2 volumes) - Parts 0 - 17 and 18 - End, Superintendent of Documents, U.S. Government Printing Office, Washington, DC, 1992. 60) Agent Orange Review, USDVA periodical. 61) Persian Gulf Review, USDVA periodical. 62) DAV. Edition), (Sixth Churchill Post Traumatic Stress Disorder, A Handbook For Clinicians, TELEPHONE 5-4 All local telephone books within service area Telephone directories of all WI VA hospitals Private directory of phone numbers of those "People who can make things happen" State of Wisconsin Agency & Employees phone book RECOMMENDED RESOURCES FOR CVSOs MAGAZINE/PERIODICALS All traditional Veteran Organizations' Magazines All Wisconsin Veteran Newspapers All local Veteran Organization Newsletters WACVO (Wisconsin Association of Concerned Veteran Organizations) Highground (Wisconsin Vietnam Veterans Memorial) Office of Personnel Management U.S. Federal Job Listings At Ease (Wisconsin National Guard Newspaper) Journal of Electronic Defense Wisconsin Counties AX-POW Bulletin Veterans Outlook (Bravo) Vets Grape Vine (UW-Vets Newsletter) Wisconsin Corporate Reports Veterans Advocate (NVLSP) 5-5 TOLL FREE PHONE NUMBERS Agent Orange - Settlement - Class Assist Program 800/225-4712 202-289-6173 CHAMPUS (Beneficiaries) (Providers) 800/842-4333 800/962-2914 CHAMPVA 800/331-9935 DEERS 800/538-9552 Fort McCoy - ID Cards Retirement Services 800/362-8199 Ext 3224 800/362-8199 Ext 3716 Granite Grave Markers (Columbus Marker Works) 800/647-1056 Homeless Veterans, Nat'l Coalition for 800-VET-HELP Selective Service 800/621-5388 Small Business Administration 800/368-5855 Social Security 800/234/5772 VA Regional Office, St. Paul 800/692-2121 VA Insurance Center, Philadelphia 800/669-8477 VA Regional Office, Milwaukee 800/827-1000 VFW Insurance 800/821-2606 Vocational Rehabilitation Services 800/362-9611 Vocational School System Information 800/472-0024 WDVA Delinquent Loan Information 800/937-8821 WDVA Veterans Line 800-WIS-VETS Wisconsin Legislative Hot Line 800/362-9696 Women in Milwaukee Service of America 800/222-2294 OTHER PHONE NUMBERS 5-6 American Legion Insurance 312-346-9300 National Archives (Activity Reports) 301/763-7410 Pearl Harbor Survivors Assoc. 415/934-3090 POWs Family Hotline 202-653-0133 PTSD, Nat'l Center for PTSD, Behavioral 3227 Science Div., Boston VA Medical Center 617-232-9500 SGLI Death Claims 210/877-8835 VA Monument Service 202/275-1495 VA Insurance Center, St. Paul 612/725-3311 Veterans Re-employment Rights 608/266-3999 Veterans Employment Services 608/266-3110 WIS Nat. Guard, Adjutant General 608/241-6300 5-7 EXT. State Directors of Veterans Affairs ALABAMA Department of Veterans Affairs P.O. Box 1509 Montgomery, Alabama 36102-1509 (334) 242-5077 FAX: (334) 240-5102 ALASKA Division of Veterans Affairs Department of Military and Veterans Affairs P.O. Box 5800 Ft. Richardson, Alaska 99505-5800 (907) 428-6015 FAX: (907) 428-6019 AMERICAN SAMOA American Samoa Veterans Affairs P.O. Box 8586 Pago Pago, American Samoa 96799 001 (684) 633-4206 ARIZONA Director of Veterans Affairs Arizona Veterans Service Commission 3225 North Central Avenue, Suite 910 Phoenix, Arizona 85012 (602) 255-3373 FAX: (602) 255-1038 ARKANSAS Department of Veterans Affairs c/o VA Regional Office, 700 East 9th Street P.O. Box 1280 North Little Rock, Arkansas 72215 (501) 370-3820 FTS: (501) 740-3820 FAX FTS: (501) 7403876 or (501) 370-3876 CALIFORNIA Department of Veterans Affairs 1227 "O" Street, Room 300 Sacramento, California 95814 (916) 653-2158 FAX: (916) 327-3136 COLORADO Division of Veterans Affairs Department of Social Services 789 Sherman Street, Suite 460 Denver, Colorado 80203-1714 (303) 894-7474 FAX: (303) 863-0838 CONNECTICUT Department of Veterans Affairs 287 West Street Rocky Hill, Connecticut 06067 (203) 721-5891 FAX: (203) 721-5904 DELAWARE Delaware Commission of Veterans Affairs P.O. Box 1401 Old State House - The Green Dover, Delaware 19903 (302) 739-2792 FAX: (302) 739-3811 DISTRICT OF COLUMBIA Department of Veterans Affairs Regional Office 1120 Vermont Ave. N.W. Washington, D.C. 20421 1 800 827-1000 (202) 418-4343 State Directors of Veterans Affairs (continued) 5-8 FLORIDA Division of Veterans Affairs P.O. Box 1437 St. Petersburg, Florida 33731 (813) 893-2440 FTS: (813) 826-3354 FAX: (813) 893-2497 GEORGIA Department of Veterans Service Floyd Veterans Memorial Bldg., Suite E-970 Atlanta, Georgia 30334 (404) 656-2300 FAX: (404) 656-7006 GUAM Office of Veterans Affairs Government of Guam P.O. Box 3279 Agana, Guam 96910 (671) 472-6002 FAX: (671) 477-4826 HAWAII Office of Veterans Services Suite 100 919 Ala Moana Boulevard Honolulu, Hawaii 96814 (808) 587-3000 FAX: (808) 587-3009 IDAHO Division of Veterans Affairs P.O. Box 7765 Boise, Idaho 83707 (208) 334-5000 FAX: (208) 334-4753 ILLINOIS Department of Veterans Affairs 833 South Spring Street Springfield, Illinois 62794-9432 (217) 782-7937 FAX: (217) 782-2589 INDIANA Department of Veterans Affairs 302 W. Washington St., Rm. E-120 Indianapolis, Indiana 46204 (317) 232-3910 FAX: (317) 232-7721 IOWA Commission of Veterans Affairs 7700 N.W. Beaver Drive Camp Dodge Johnston, Iowa 50131-1902 (515) 242-5331 FAX: (515) 242-5659 KANSAS Kansas Veterans Commission Jayhawk Tower, Suite 701 700 S.W. Jackson Topeka, Kansas 66603-3150 (913) 296-3976 KENTUCKY Department of Military Affairs Division of Veterans Affairs Boone National Guard Center Frankfort, Kentucky 40601-6168 (502) 564-8514 FAX: (502) 588-4448 5-9 State Directors of Veterans Affairs (continued) LOUISIANA Department of Veterans Affairs P.O. Box 94095 Capitol Station Baton Rouge, Louisiana 70804-4095 (504) 342-5866 FAX: (504) 922-0511 MAINE Division of Veterans Services State Office Building Station #117 Augusta, Maine 04333 (207) 626-4469 FAX: (207) 289-4079 MARYLAND Maryland Veterans Commission Federal Building, Room 110 31 Hopkins Plaza Baltimore, Maryland 21201 (410) 962-4700 FTS: (410) 922-4700 FAX: (410) 333-1071 MASSACHUSETTS Department of Veterans Service 100 Cambridge Street, Room 1002 Boston, Massachusetts 02202 (617) 727-3570 FAX: (617) 727-5903 MICHIGAN Michigan 611 West P.O. Box Lansing, (517) 335-1634 FAX: (517) 373-3130 MINNESOTA Department of Veterans Affairs Second Floor Veterans Service Building St. Paul, Minnesota 55155-2079 (612) 296-2562 FAX: (612) 296-3954 MISSISSIPPI State Veterans Board 4607 Lindberg Drive State Veterans Home Jackson, Mississippi 39209 (601) 354-7205 FAX: (601) 354-6060 MISSOURI Division of Veterans Affairs P.O. Drawer 147 Jefferson City, Missouri 65102 (314) 751-3343 FAX: (314) 751-6836 Veterans Trust Fund Ottawa 30026 Michigan 48909 Request DD 214 from: Lt. Colonel (Ret.) Glenn McVey Chief of Archives Records Department Office of the Adjutant General 1717 Industrial Drive Jefferson City, Missouri 65109-1468 5-10 (314) 751-9546 (314) 751-9513 State Directors of Veterans Affairs (continued) MONTANA Veterans Affairs Division Department of Military Affairs P.O. Box 5715 Helena, Montana 59604 (406) 444-6926 FAX: (406) 444-6973 NEBRASKA Department of Veterans Affairs P.O. Box 95083 State Office Building Lincoln, Nebraska 68509 (402) 471-2458 NEVADA Commission for Veterans Affairs 1201 Terminal Way #108 Reno, Nevada 89520 (702) 688-1155 FTS: (702) 784-5238 FAX: (702) 688-1656 NEW HAMPSHIRE State Veterans Council 359 Lincoln Street Manchester, New Hampshire 03103-4901 (603) 624-9230 NEW JERSEY Deputy Commissioner for Veterans Affairs Department of Military & Veterans Affairs Eggert Crossing Road CN340 Trenton, New Jersey 08625-0340 (608) 530-7045 FAX: (609) 530-7100 NEW MEXICO Veterans Service Commission P.O. Box 2324 Santa Fe, New Mexico 87503 (505) 827-6300 FAX: (505) 827-6372 NEW YORK Division of Veterans Affairs Suite 2836 5 Empire State Plaza Albany, New York 12223-1551 (518) 474-3727 FAX: (518) 473-0379 NORTH CAROLINA Secretary for Veterans Affairs Division of Veterans Affairs Suite 1065, Albemarle Building 325 North Salisbury Street Raleigh, North Carolina 27603 (919) 733-3851 FAX: (919) 733-7058 NORTH DAKOTA Department of Veterans Affairs P.O. Box 9003 1411 32nd Street Fargo, North Dakota 58106-9003 (701) 239-7165 FAX: (701) 239-7166 OHIO Office of Veterans Affairs State House Annex, Room 11 Columbus, Ohio 43215 (614) 466-5453 FAX: (614) 466-9354 5-11 State Directors of Veterans Affairs (continued) OKLAHOMA Department of Veterans Affairs P.O. Box 53067 Oklahoma City, Oklahoma 73152 (405) 521-3684 FAX: (405) 521-0239 OREGON Department of Veterans Affairs 700 Summer Street, NE Salem, Oregon 97310-1270 (503) 373-2388 FAX: (503) 373-2362 PENNSYLVANIA Department of Military Affairs Fort Indiantown Gap Annville, Pennsylvania 17003-5002 (717) 865-8901 FTS: (717) 593-3400 FAX: (717) 865-8589 PUERTO RICO Public Advocate for Veterans Affairs Cobians Plaza Building, Suite "WM" 1603 Ponce de Leon Avenue Santurce, Puerto Rico 00909 (809) 725-4400 RHODE ISLAND Veterans Affairs Office Metacom Avenue Bristol, Rhode Island 02809 (401) 253-8000 FAX: (401) 254-1340 SOUTH CAROLINA Department of Veterans Affairs 227 Brown State Office Building 1205 Pendleton Street Columbia, South Carolina 29201 (803) 734-0200 FAX: (803) 734-0197 SOUTH DAKOTA Division of Veterans Affairs 425 East Capitol Pierre, South Dakota 57501-5083 (605) 773-3269 FAX: (605) 773-5380 TENNESSEE Department of Veterans Affairs 215 Eighth Avenue, North Nashville, Tennessee 37203 (615) 741-2930 FAX: (615) 255-1551 TEXAS Veterans Affairs Commission P.O. Box 12277, Capitol Station Austin, Texas 78711 (512) 463-5538 FAX: (512) 475-2395 UTAH Office of Veterans Affairs 324 South State Street #103 Salt Lake City, Utah 84111 (801) 538-8700 VERMONT Veterans Affairs Office State Office Building 120 State Street Montpelier, Vermont 05602-4401 (802) 828-3379 or (802) 828-3381 VIRGINIA Department of Veterans Affairs 210 Franklin Road SW, Room 1012 P.O. Box 809 Roanoke, Virginia 24004 (703) 857-7104 FTS: (703) 937-6396 FAX: (703) 982-4309 State Directors of Veterans Affairs (continued) 5-12 VIRGIN ISLANDS Office of Veterans Affairs 22 Hospital St. Christian St. E/O St. Croix, Virgin Island 00802 (809) 773-6663 FAX: (809) 778-7978 WASHINGTON Department of Veterans Affairs P.O. Box 9778, PM-41 505 East Union Olympia, Washington 98504-9778 (360) 753-5586 WEST VIRGINIA WV Division of Veterans Affairs 1321 Plaza East, Suite 101 Charleston, West Virginia 25301-1400 (304) 558-3661 WISCONSIN Department of Veterans Affairs P.O. Box 7843, 30 West Mifflin Street Madison, Wisconsin 53707-7843 (608) 266-1311 FAX: (608) 267-0403 WYOMING Council of Veterans Affairs 1819 Park Avenue Cheyenne, Wyoming 82007 (307) 777-606 5-13 OFFICE AND WEB RESOURCES 9/16/03 Wisconsin County Veterans Service Officer website: Private forum and benefit information. www.wicvso.org National County Veterans Service Officer website: Private forum and training manual online. www.nacvso.org Wisconsin Department of Veterans Affairs: State benefit information and forms. www.dva.state.wi.us/ Department of Veterans Affairs: www.va.gov Federal Benefits for Veterans and Dependents: This pamphlet describes the variety of federal benefits available to veterans and dependents. Obtained from VA or online at www.va.gov/opa/f'eature/index.htm Veterans Benefits Manual l-800-83 3-9844. This exhaustive manual is an indispensable guide for advocates who help veterans and their families obtain benefits from the VA. The manual can be ordered with the Title 38 and CFR included on CD-ROM or separate in hard copy. www.nvlsp.org www.lexisnexis.com The Veterans Advocate 1-800-833-9844. A veterans law and advocacy joumal. A joumal that covers current veteran law cases and interpretations for application for veteran benefits. www.nvlsp.org - Code of Federal Regulations 38 CFR, part 0 to 17. Order from the Government Printing Office at 414297-1304 What Every Veteran Should Know and supplements: A more concise book discussing veterans benefits. Veterans Information Service, P.O. Box 111, East Moline, lL 61244-0111 or Telephone/fax (309) 757-7760 www.vetsinfoservice.com MERCK Manual: Used for research of medical information. This resource may offer medical treaties to help Provide a nexus between in-service symptoms and eventual diagnosis. It may also offer medical treatise to help establish secondary service connection. www.merck.com/pubs/mmanual/ MEDLINE plus: MEDLINE pIus by the National Institutes of Health. This resource may offer medical treaties to help provide a nexus between in-service symptoms and eventual diagnosis. It may also offer medical treaties to help establish secondary service connection. www.nlm.nih.gov/medlineplus WEBMED: WebMd is a user-friendly website with broad multiple sources. The articles and search engine 5-14 capability are excellent. www.webmd.com DSM-IV: Diagnostic Criteria for the most common mental disorders including: description, diagnosis, treatment, and research findings. This list is a shortened version (incomplete)of the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition (DSM-IV), published by the American Psychiatric Association,Washington D.C., 1994, the main diagnostic reference of Mental Health professionalism the United States of America. www.psychologynet.org/dsm.html SEPARATION CODES: A “Separation Code” is a numerical or alphabetic code which defines the reason a Discharge was granted. While the primary factor on whether or not one can reenlist lies with the RE Code, the services also use the Separation Codes to determine whether or not one is eligible. An individual's Separation Code and RE Code can normally be found on the DD Form 214, Record of Discharge. www.usmilitary.about. corn/library/milinfo/b1codemenu.htm CFR Services available online via GPO Access: www.access.gpo.gov/naralcfrlcfr-table-search.html Web Automated ReferenceMaterial: VA manuals and forms online. www.warms.vba.va.gov National Center for Post Traumatic Stress Disorder: The National Center for Post-Traumatic Stress Disorder (PTSD) was created within the Department of Veterans Affairs in 1989, in response to a Congressional mandate to address the needs of veterans with military-related PTSD. Its mission was, and remains: to advance the clinical care and social welfare of America's veterans through research, education, and training in the science, diagnosis, and treatment of PTSD and stress-related disorders. This website is provided as an educational resource concerning PTSD and other enduring consequences of traumatic stress. www.ncotsd.org On-line Medical Dictionary: http://cancerweb.ncl.ac.uk/omd/ Medical Terms Dictionary: www.medterms.com/script/main/alphaidx.asp?p=A_DlCT Federal Government Forms: FedForms.gov provides “one-stop-shopping” for the Federal forms most used by the public. www.fedforms.gov TRICARB: Retiree healthcare program. http://tricare.osd.mil/mhshome.cfrn TRICARE HANDBOOK: www.tricare.osd.mil/TricareHandbook/ DELTA DENTAL PROGRAM: Retiree dental program. www.ddpdelta.org/ CHAMPVA: CHAMPVA is a healthcare benefits program for 1 Dependents of veterans who have been rated by VA as having a total and permanent disability, 2 Survivors of veterans who died from VA-rated service-connected conditions, or who at the time of death were rated permanently and totally disabled from a VA-rated service-connected condition; and 3 Survivors of persons who died in the line of duty and not due to misconduct who are not otherwise entitled to DOD Tricare benefits. Under CHAMPVA, VA shares the cost of covered healthcare services and supplies with eligible beneficiaries. 5-15 The administration of CHAMPVA is centralized to the Health Administration Center in Denver, Colorado. Due to the similarity between CHAMPVA and TRICARE (formally known as CHAMPUS--a program administered by the Department of Defense for military retirees as well as families of active duty, retired, and deceased service members),the two programs are easily and often mistaken for each other. Please note that CHAMPVA is separate from TRICARE and that there are distinct differences between them. www.va.gov/hac/champva/champva.html Military Almanacs: You can order almanacs for the Uniformed Services, Reserve, National Guard and Retired Military. These almanacs cover entitlements for each of the mentioned entities. The guides are $7.95 each. www.militaryalmanac.com/default.htm Hepatitis C Veterans: This site is provided by Veterans of the United States Military with Hepatitis C (HCV) to assist fellow Vets/ Active Military and Dependents with awareness to the Hep C virus exposure methods during military service. JET INJECTOR information http://www.hcvets.com/ Veterans Resource: This website has links to all service and state organizations and much more. www.vetsresource.com/ The Moving Wall Home Page http://www.themovingwall.org/ The Vietnam Veterans Memorial Wall Page http:/thewall-usa.com/ The National Academies: Advisors to the nation on Science, Engineering and Medicine. http://www.nas.edu/ US Court of Appeals for Veterans http://www.vetapp.uscourts.gov/ Medal of Honor Bravest of the Brave http://www.medalofhonor.com/ Casualty Reports http://www.no.quarter.org 5-16 Additional Information & Internet Information National Archives and Records Administration Code of Federal Regulations www.access.gpo.gov/nara/cfr Published federal regulations, including 38 C.F.R., used by VA The Office of the Law Revision Counsel U.S. House of Representatives Uscode.house.gov/usc.htm Search and print the United States Code, including 38 U.S.C., used by VA Information about Veteran’s Benefits 1-800-827-1000 Information about your appeal at the Board 1-202-565-5436 VA Salutes America’s Veterans Thank you for your service to our country 5-17 Additional Information & Internet Resources The Department of Veterans Affairs www.va.gov Information about VA, pamphlets and forms online, BVA decisions The Veterans Benefits Administration www.vba.va.gov Benefits information, links to VA forms, regulations United States Court of Appeals for Veterans Claims www.vetapp.uscourts.gov Court cases, information on how to appeal a BVA decision, information on filing an appeal with the Court Department of Veterans Affairs – Electronic FOIA reading room www.va.gov/foia/ Links, answers to a number of VA issues 5-18 World Wide Web Links VA home page......................................................................... http://www.va.gov VA consumer affairs …………………..http://www.va.gov/customer/conaff.asp VA public affairs and special events ……….………..... http://www.va.gov/opa/ VA Benefits and Health Care Information: VA compensation and pension benefits…...........http://www.vba.va.gov/bln/211 VA benefits on-line application................... http://vabenefits.vba.va.gov/vonapp Health benefits and services................................. http://www.va.gov/vbs/health/ Health benefits eligibility/enrollment..................http://www.va.govftrealth/elig/ Burial and memorial benefits........................................... http://www.cem.va.gov/ Education benefits and services.................................. http://www.gibill.va.gov/ VA home loan guaranties……………………... http://www.homeloans.va.gov/ Veterans'claims appeals…………………………….http://www.va.gov/vbs/bva Benefits and services outside of the U. S........... http://www.vba.va.gov/foreign/ Forms: VA forms…………………………………………… http://www.va.gov/forms/ Additional government forms….. http://www.vba.va.gov/pubs/otherforms.htm EmploymentAssistance: Information for veterans ……………. http://www.opm.gov/veterans/index.htm Veterans' hiring preference .................................................................................. http://www.opm.gov/veterans/html/vetguide.htm Federal government job openings………………..http://www.usajobs.opm.gov Dept of Labor Employment & Training Service . . http://www.dol.gov/dol/vets Business Assistance: Small Business Administration…………….……….http://www.sba.gov/VETS/ VA Off. Of Small and Disadvantaged Bus. Utilization. . http://www.va.gov/OSDBU/ 5-19 Other useful sites: Burial in Arlington National Cemetery . . . http://www.mdw.army.mil/fsa02a.htm Department of Defense……………………http://www.defenselink.mil/ Military funeral honors…………………….http://militaryfuneralhonors.osd.mil Military records and medals………………..http://www.nara.gov/regional/mpr.html La version en espanol de este folleto. . . . http://www.va.gov/opa/feature/index.htm Some web addresses may have changed subsequent to printing. 5-20 Veterans Health Care On November 11 our nation honors the military veterans who served in its defense. By virtue of their service, most veterans are eligible for a range of benefits, including health care services. Learn more about veteran’s health care at the following sites. Frequently Asked Questions Eligibility for veteran’s health care depends on a number of variables, such as the nature of one’s military discharge and current income level. The Department of Veterans Affairs answers FAQ’s about hospital and outpatient care, dental treatment, and more. http://www.va.gov/customer/Eligibilty.asp Enrollment in VA’s Health Care System Covers the financial aspects of enrollment, including means testing, co-payments, insurance, and determination of hardship. http://www.va.gov/elig/Cost.htm Agent Orange Lists the presumptive disabilities associated with exposure to the jungle defoliant used during the Vietnam War. Discusses monetary benefits, health care, and vocational rehabilitation available to exposed veterans. http://www.vba.va.gov/bln/21/benefits/herbicide/AOno1.htm GulfLINK A source for veterans of the 1990-91 Gulf War. Offers background, research findings, and more about service members’ exposure to pesticides and the possible ill effects. http://www.gulflink.osd.mil/ Hepatitis C The Liver Foundation explains the risks of contracting the disease in military service. Provides a risk exposure checklist and offers advice on seeking health care. http://www.liverfoundation.org/cgibin/dbs/articles.cgi?db=articles&uid=default&ID=1025&view_records=1 5-21 Post-Traumatic Stress Disorder Describes the “stressors” that cause PTSD, symptoms of the disorder, and the kinds of assistance available from the VA. http://www.va.gov/pressrel/ptsdfs.htm The Center for Women Veterans Addresses the interests, concerns, and benefits available to women veterans. http://www.appcl.va.gov/womenvet/page.cfm?pg=14 5-22 SECTION 6: LEGISLATIVE INDEX SECTION SUBJECT PAGES 1. Introduction 6-1 2. Communicating with Legislators 6-2 3 Sample Letter 6-3 INTRODUCTION: Obviously, we as CVSOs become politically active both individually and through the Association. It is important to know your state and federal legislators. Regarding veterans’ issues, you are certainly one of the most creditable voices to be heard. This section formerly contained list of state and federal legislators, state and federal committees and the committee members, etc. Each election rendered this information obsolete. These lists are no longer included in this update because current lists of state and federal legislators, state and federal committees and their memberships are readily available for a variety of sources. One source is the Wisconsin Blue Book. Each CVSO should have one and can obtain one through their state representative, or senator. The internet is also another readily available source. Members of the Association’s Legislative Committee can also provide information and assistance regarding the status of various legislative issues and proposed legislation. While we all have the right to express our individual political views on issues, care must be taken to ensure that individual political expressions are presented as such, and not presented as views of the CVSO Association. The Association’s political activities are expressed through the Legislative Committee and resolutions properly acted upon by the membership as conferences. 6-1 COMMUNICATING WITH LEGISLATORS With hours spent in committee meetings, floor sessions and commuting to and from Madison, legislators may not always have enough time to meet or talk with the folks in the district. But legislators do want to know what's happening back home. They want to know how you feel about issues. The best way to tell a legislator your opinions is to write him or her in Madison or Washington, D.C. Lawmakers say they prefer to have things in writing. Legislators find it easier to respond to letters than trying to sort out details of a telephone call. Identify your subject clearly and, if possible, indicate the piece of legislation by bill number. State your reason for writing and how an issue would affect you, your family, business, community, and the state. Avoid stereotyped phrases and sentences that give the appearance of a form letter or threat. After you have told the legislator your position, ask for a response. One paragraph stating why you are for or against an issue, is often enough. Don't go overboard. The timing of a letter is important. Write when legislation is pending in committee, not when the bill is brought to the floor for action. Include your full name and address on the letter. The fact that a legislator may belong to the other political party should not deter you from writing. Many legislators don't like "pressure" calls at their Madison office. Many also frown on telephone calls at home. If you are an expert in a particular field, don't be afraid to share that knowledge with a legislator. 6-2 SAMPLE LETTER Date Dear ___________________ Wisconsin: Senator or Representative Federal: Senator or Representative Paragraph #1 (Build them up) Example A: I want to personally congratulate you for your continuing support of veterans and important veterans' issues. Example B: You have always represented your constituents well during your time in office and we very much need your help at this time. Example C: Your outstanding record in support of veterans directs me to contact you on an extremely important matter. Paragraph #2 (State your concern) Example A: A new bill (AB 000) (S 000) (AJR 000) (SJR 000) has recently been introduced in the (Assembly) (House) (Senate) which will have a significant impact on the veterans in your (district)(state). This bill provides for (briefly state what it does or is suppose to do) Your concern may be positive or negative Paragraph #3 (State your request and availability) Example A: Your support for (legislative citation) will be most helpful to the veterans of (county)(district)(state), etc. If you have any questions or desire additional information, I will be most happy to discuss this with you in more detail. Paragraph #4 (Leave them feeling good) Thank you for your consideration of this request and we are looking forward to your support of (legislation citation) and other important veteran issues in the future. Sincerely, [Name] [Title] 6-3 SECTION 7: FEDERAL BENEFITS INDEX SECTION SUBJECT PAGES 1. Introduction 7-1 2. Basic Entitlement Benefits 7-2 to 7-5 3. Education Benefits 7-6 to 7-7 4. Medical Care 7-8 to 7-9 5. Insurance 7-10 6. CHAMPVA 7-11 7. Miscellaneous Instructions 7-12 to 7-13 8. Samples Letters 7-14 to 7-19 9. Wood National Cemetery 7-20 U.S. DEPARTMENT OF VETERANS AFFAIRS INTRODUCTION The following is designed to provide information on what constitutes a complete application package for respective U.S. Department of Veterans Affairs (VA) programs. It is designed to serve as a guide and a reference. It is not intended to address every conceivable glitch or circumstance which may present itself in the application of any specific program. Though it is not stated or shown on each package, it is recommended that a cover letter be used with every submission be it the application or supportive evidence, or simply correspondence regarding a specific claim. You will note that VA Form 21-4138 is included in each program application package. It is on this form that specific circumstances, items of particular importance relative to the claim, or specific veteran requests are provided. As you know, there are instances where circumstances or information relative to other information entered on another VA Form are very important to the claim and its processing, and/or its adjudication. As we have been advised by VA personnel at several conferences, it is important to inform the VA about special information or circumstances, so for this reason this form is important and recommended for each program application. The better the VA understands the veterans' situation, circumstances, or special problems, the fewer problems will be encountered in the adjudication and final correct resolution of the claim. 7-1 U.S. DEPARTMENT OF VETERANS AFFAIRS BASIC ENTITLEMENT BENEFITS 1) Application for Compensation: VA Form 21-22 (If Necessary) VA Form 21-4138 VA Form 21-526 VA Form 21-686c VA Form 21-674 or 21-674b for Children over age 18 if Full-time Students VA Form 21-4142 (If Necessary) Certified Copy of Discharge(s) (If Initial Claim) Certified Copy of Marriage Certificate Certified Copy of Birth Certificates for Dependent Children Any Medical evidence available which supports the claim 2) Application for VA Pension Benefits-Veteran: VA Form 21-22 (If Necessary) VA Form 21-4138 VA Form 21-526 VA Form 21-686c VA Form 21-674 or 21-674b for Children over age 18 if Full-time Student VA Form 21-4142 (If Necessary) Certified Copy of Discharge(s) (If Initial Claim) Certified Copy of Marriage Certificate Certified Copy of Birth Certificates for Dependent Children Any Medical Evidence available which supports the claim Verification of Income (See Misc. Section) 3) Application for Widow's Pension: VA Form 21-22 (If Necessary) VA Form 21-4138 VA Form 21-534 VA Form 21-674 or 21-674b for Children over age 18 if Full-time Student Certified Copy of Discharge(s) (If Necessary) Certified Copy of Marriage Certificate Certified Copy of Birth Certificate for Dependent Children Certified Copy of Death Certificate (If Not Previously Submitted) NOTE: Verification of income sources or amounts may be requested by VARO NOTE: Legislation enacted in 2005 effective did away with the 45 day rule. Now is a claimant applies within one year from the date of death of the veteran, the date of claim goes back to the first day of the month of the veteran’s death. Also, life insurance 7-2 proceeds are no longer counted as income for pension purposes, though the receipt of such proceeds must be reported for net worth consideration by the VA. NOTE: Dependent children may also file for Pension benefits if age 18 or over and full-time students. The application process is the same. Only the income limit is different and, in most cases, too low to qualify the child if they have any type of income at all. (See Misc. Section) 4) Application for Burial Benefits: VA Form 21-22 FL 23-339-(330)R VA Form 21-530 VA Form 40-1330 Copy of the Funeral Bill Copy of the Transportation Bill (If Death Occurred at a VA Facility) Copy of Paid Receipt for Headstone and/or Engraving (If Reimbursement is Applied For) Certified Copy of Death Certificate Certified Copy of Discharge(s) (If Necessary for VARO. If Marker is applied for, the application is sent to Washington, D.C., and Certified Copy of Discharges are required with the application) (If Applicable) VA Form 29-4125 VA Form 29-4125a (NSLI) VA Form 29-4125b VA Form 29-4125k (USGLI) VA Form 29-8283 (USGLI or VGLI) NOTE: Insurance forms may be sent to P.O.A. or to the respective Insurance Office. NOTE: If ever the Plot Allowance is received prior to interment, and the decision is then made to inter in a National Cemetery, The Plot Allowance can be returned to the VA, and internment in a National Cemetery can be accomplished. NOTE: There is a special area at the Zablocki National Cemetery for markers for deceased veterans who donate their bodies to science, or for other reasons are not interred in any cemetery. (See page 8.20 for Wood National Cemetery) NOTE: It is also possible for the spouse of a veteran to obtain a grave marker which matches the government marker received from Washington for the veteran. These are available through local monument companies, or regional suppliers which local monument companies should have access to. 7-3 NOTE: Effective November 1, 1990, there were two changes in Burial benefits. First, the Partial Reimbursement towards a private marker or the cost of engraving was eliminated. Second, eligibility for the Plot Allowance now falls under the same guidelines as those for eligibility for the Burial Allowance. These changes apply to all deaths after October 31, 1990. NOTE: There is still eligibility for the Partial Reimbursement for up to TWO years from the date of purchase of the private headstone or engraving, for all veterans whose death occurred prior to November 1, 1990. 5) Application for Dependency and Indemnity Compensation (DIC): VA Form 21-22 (if Necessary) VA Form 21-4138 VA Form 21-534 (Widow and Child) VA Form 21-535 (Parents)-(VA Form 21-4179c may also be necessary) VA Form 21-509 Verification of Dependency of Parents VA Form 21-4183 (Child over age 18) VA Form 21-674 or 21-674b (Child over age 18) Verification of Helpless status of any child over age 18 (if applicable) Certified Copy of Discharge(s) (If Not Previously Submitted) Certified Copy of Death Certificate (if not previously submitted) Certified Copy of Marriage Certificate Certified Copy of Birth Certificate for Dependent Children Certified Copy of Veteran's Birth Certificate (if Parents Apply) NOTE: Death Compensation (Very few of these claims remaining) can be applied for by survivors of veterans who died due to service connected disabilities on or after May 1, 1957, but prior to January 1, 1972 with an in-service waiver, section 724, in force, (or) by surviving spouses and unmarried children under age 18, (or until 23 if attending VA approved school) helpless children, and dependent parents of veteran who died before January 1, 1957 from service connected causes. (Only DIC is payable for service connected deaths after January 1, 1972.) 6) Application for Automotive Adaptive Equipment: VA Form 21-22 (If Necessary) VA Form 21-4138 VA Form 21-4502 (If buying a new car) (or) VA Form 1-0-1394 (For present vehicle) Copy of claimant's drivers license Copy of sales contract showing sale of previous vehicle with VA paid for adaptive equipment Copy of sales contract showing applicant's purchase of vehicle for which adaptive equipment is being requested Copy of window sticker of vehicle being purchased Prescription with full medical justification for all needed adaptive equipment 7-4 NOTE: If requested equipment is for a currently owned vehicle, all that is needed is VA Form 10-1394, the necessary prescription and medical documentation, and a copy of the veteran's driver's license. 7) Application for Automotive Grant: VA Form 21-22 (If Necessary) VA Form 21-4138 VA Form 21-4502 Full medical documentation to enable an eligibility determination NOTE: This is a one-time benefit 8) Application for Specially Adapted Housing Grant: VA Form 21-22 (If Necessary) VA Form 21-4138 VA Form 21-4555 Copy of construction plans or remodeling plans NOTE: After these forms have been filed, the VARO will arrange a medical examination for the veteran to determine eligibility. From there the Loan Guaranty Section will proceed step-by-step with you and the veteran. 9) Application for Certificate of Eligibility-VA Home Loan-Veteran: VA Form 21-22 (If necessary) (Submission can also be made directly to Loan Guaranty) VA Form 26-1880 Certified Copy of Discharge(s) VA Form 26-1817 (Unremarried Surviving Spouse) Certified Copy of Death Certificate (Widow's application) 10) Application - Statement of Veterans Status-National Guard-FHA Loans: VA Form 26-8261a Certified Copy of Discharge for one completed enlistment 11) Reinstated Entitlement Program (REP): VA Form 21-22 (If Necessary) VA Form 21-4138 VA Form 21-8924 Certified Copy of Discharge(s) Certified Copy of Birth Certificate if Applicant is Child over age 18 Certified Copy of Death Certificate of Veteran (If Available) Certified Copy of Marriage Certificate (If Child is Under Age 18 and Parent is Paid) VA Form 21-674 or 21-674b for child over age 18 NOTE: This benefit is also known as "Benefits under the provisions of Section 156, P.L. 97377." 7-5 EDUCATION BENEFITS: 12) Application for Chapter 30, New G.I. Bill: VA Form 21-22 VA Form 21-4138 VA Form 22-1990 Letter of Acceptance for enrollment or entry into an educational program. (If Applicant has remaining Chapter 34 Entitlement) VA Form 21-686c Certified Copy of Marriage Certificate VA Form 21-674 or 21-674b for children over age 18 and full-time students Certified Copy of Birth Certificate for dependent children Certified Copy of Discharge(s) NOTE: The school should file an enrollment certificate documenting attendance for the educational program applied for, or for documentation for advanced payment. NOTE: Depending upon the category of educational benefits applied for under this chapter, additional information may be required from the Reserve unit, National Guard unit, or through the VA and Department of Defense interface eligibility verification information exchange. Veteran should provide a Certificate of Eligibility received from the Department of Defense, provided through his/her Guard or Reserve Unit. 13) Application for Chapter 31, Vocational Rehabilitation: VA Form 21-22 (If Necessary) VA Form 21-4138 VA Form 22-1900 Certified Copy of Discharge(s) Certified Copy of Marriage Certificate Certified Copy of Birth Certificate for Dependent Children VA Form 21-686c VA Form 21-674 or 21-674b for Children over age 18 and Full-Time Students Copy of VA Award Letter or other information that establishes entitlement (if available) 14) Application for Chapter 32, VEAP: VA Form 21-22 (If Necessary) VA Form 21-4138 VA Form 22-1900 Certified Copy of Discharge(s) Letter of acceptance or enrollment into a program of education. (If a refund of contributed funds is desired) VA Form 4-5281, (Coupled with 21-22 and Certified Copy of Discharge(s) 7-6 15) Application for Chapter 35, Children: VA Form 21-22 VA Form 21-4138 VA Form 22-5490 Certified Copy of Veteran's Death Certificate or Proof of Disability Status (If Available) Certified Copy of Veteran's Discharge(s) Certified Copy of Birth Certificate of applicant Letter of acceptance or enrollment into a program of education Related Forms VA Form 22-5495 VA Form 22-1999 16) Application for Chapter 35, Widow or Spouse: VA Form 21-22 VA Form 21-4138 VA Form 22-5490w Certified Copy of Veteran's Death Certificate or Proof of Disability Status (if available) Certified Copy of Marriage Certificate Certified Copy of Discharge(s) Letter of acceptance or enrollment in a program of education Related Forms VA Form 22-5495w VA Form 22-1999 17) Application for Tutorial Assistance: VA Form 21-4138 VA Form 22-1990t NOTE: Verification of Tutorial Assistance received will be requested by the VA. Also the VA may request that the need be documented. 18) Application for VA Work-Study: VA Form 21-4138 VA Form 20-8691 NOTE: There are also other forms related to education benefits such as VA Form 22-1995 (request for a change of program or place of training), and VA Form 22-8873, which is a supplement to the first form. Assistance is often times provided through the school, and the applications can sometimes also be made through the school. The school is required to verify a veteran's attendance in his/her program for each term, and the veteran must verify his/her attendance monthly in most cases to receive his/her check. 7-7 MEDICAL CARE 19) Application for Claims Examination: VA Form 21-22 (If Necessary) VA Form 21-4138 Any Medical Evidence which supports the claim (If Available) NOTE: Submit to P.O.A., VARO and Adjudication will establish the Appointment. The appropriate Medical Center will then notify the veteran as to date and time of the exam. 20) Application for VA Medical Appointment, NSC, (Outpatient): VA Form 21-4138 VA Form 10-10 VA Form 10-10F (if necessary) VA Form 10-10m (if possible) Certified Copy of Discharge(s) Any other Medical Evidence which is Relevant and Available NOTE: Submit directly to the appropriate VA Medical Center. 21) Application for Inpatient Care/Transfer: VA Form 21-4138 VA Form 10-10 VA Form 10-10F (if necessary) VA Form 10-10m (or other medical information) Certified Copy of Discharge(s) NOTE: Many times arrangements for inpatient care or transfer to a VA Medical Center is arranged for on a doctor-to-doctor basis by phone. These forms should be sent with the veteran if at all possible. If not possible for some reason, they can be sent to the respective VA facility, or completed when the veteran arrives. The status of the veteran MUST be established before admission can be accomplished. (In emergency situations they have taken the CVSO's word that they can and will provide them with the veteran's discharge, but don't forget to send it! (Application for Domiciliary Care is the same as for Inpatient Care) 22) Application for Dental Care: VA Form 21-4138 VA Form 10-10 VA Form 10-10m (If Possible) Verification of Entitlement (If Available) Certified Copy of Discharge(s) 7-8 Application for the following should be submitted to the appropriate medical center when veteran is being followed, or from which care is requested: 23) Application for Fee Basis Care: NOTE: Contact your servicing MAS for specific instructions and clarifications of fee basis utilization. VA Form 21-4138 VA Form 10-10 Verification of Entitlement (if available) Bill for services/care received, if emergency, should be provided within 15 days of treatment if at all possible. The VA should also be notified of Emergency Inpatient Treatment within 72 hours of care received. Request for Prior Authorization for Fee Basis Services (If Not an Emergency) Excess of $125.00 for Fee basis and holder. VA Form 10-10m or other Medical Evidence justifying the need for the care requested. Prescription for needed non-emergency care Statement from Provider as to cost of care required, frequency and duration of care Certified Copy of Discharge(s) (If Necessary) 24) Application for Outpatient Medications (Renewals-SCD): VA Form 21-4138 Prescriptions Certified Copy of Discharge(s) (If Necessary) Verification of Entitlement (If Available) 25) Application for Prosthetics: VA Form 21-4138 Prescriptions for needed Items/Services Verification of Entitlement (If Available) Certified Copy of Discharge(s) (If Necessary) 26) Application for H.I.S.A. Grant: VA Form 21-4138 Prescriptions for needed Items/Modifications to veteran's Home Plans, and Estimates for needed work Medical justification for needed work (Usually available directly from VAMC) NOTE: $1200 Max for NSC, $4100 Max for SCD 7-9 VA INSURANCE The following are VA forms relative to VA Insurance Programs and Benefits. They accomplish what their title indicate. The instructions for use are provided with each form, and the desired application for the desired action should be submitted to the VA Insurance Office where the Veteran's insurance records are located; St. Paul, MN or Philadelphia, PA. (800-422-8078-PA) (800-692-2121-St. Paul) • • • • • • • • • • • • VA Form 29-336 VA Form 29-339 VA Form 29-352 VA Form 29-352a VA Form 29-353 VA Form 29-353 VA Form 29-357 VA Form 29-358 VA Form 29-380 VA Form 29-541 VA Form 29-888 VA Form 29-889 Change of Beneficiary Application for Reduction Application for Reinstatement (Medical) Supplemental to VA Form 29-352 (Medical) Application for Reinstatement (Non-Medical) Application for Reinstatement (Non-Medical-Age 50 or Under) Application for Disability Insurance Benefits (Waiver of Premiums) Application for Conversion Application for Protection of Commercial Life Insurance Policy Certificate Showing Residence & Heirs of Deceased Vet or Beneficiary Application for Deduction of Premiums from VA Benefit Payments Request for Change of Address NOTE: (VA Forms relative to application for insurance proceeds upon death of veteran are listed under "Burial Benefits" section.) • • • • • • • • • • • • • • VA Form 29-1546 VA Form 29-1547 VA Form 29-1549 VA Form 29-1550 Application for Cash Surrender Value Application for Policy Loan Application for Change of National Service Life Insurance Application for Change of Permanent Plan (Non-Medical, NSLIUSGLI) VA Form 29-1606 Application for Total Disability Income Provision VA Form 29-4337 Authorization for Release of Information from Insurance Records VA Form 29-4364Application for Service-Disabled Veterans Life Insurance (RH) VA Form 29-5772 Loan and Cash Surrender Values VA Form 29-8713 Application for Servicemen's Group Life Insurance (Retired Reservist) VA Form 29-8714 Application for Veterans Group Life Insurance (Separated after 8-1-74) VA Form 29-8715 Application for Veterans Group Life Insurance (Separated before 8-174) VA Form 29-8313 Disability Benefit Questionnaire VA Form 29-8336 Veterans Mortgage Life Insurance Statement FL-29-700a Application for Conversion 7-10 CHAMPVA Fig 1-3, -Authorization to Disclose Information 170(6/89) R1- VA Service Officer Inquiry DD Form 2520-CHAMPVA Claim Form (Replaces Form 500 which can still be used) NOTE: Submissions/Inquiries, etc., are submitted to various places depending upon what the situation is. For Claim Submission: Claim Correspondence: Uniform Services Benefit Plan Inc. P.O. Box 3055 Claim Correspondence: DEERS Denial or ID Card Inquiries: Great Lakes Naval Base (708) 688-2144 Fort McCoy (ID Card Sect (800) 842-4333 CHAMPVA matters: Application VA Form -10-10d VA Health Administration Center CHAMPVA P.O. Box 65023 Denver, CO 80206-9023 (1-800-733-8387) For submitting new Health care claims only: VA Health Administration Center CHAMPVA Claims P.O. Box 65024 Denver, CO 80206-9024 Policy Questions/Benefit Information, Claim Form requests, etc. Health Benefits Advisor: Great Lakes, IL (708) 688-5460 Fort McCoy (800) 842-4333 7-11 MISCELLANEOUS INSTRUCTIONS In addition to the application packages for respective benefits, there are other reporting actions to be taken from time to time regarding specific benefits. The following is a reference to handling some of these procedures for various benefit programs. 1) Appeal Process: VA Form 21-4138 "Notice of Disagreement" Additional evidence, if available, can also be sent with this notice. The VA with the receipt of the new evidence can reverse their decision with this submission. A personal hearing can also be requested at this time, and the results of the hearing may also affect a change in the decision. If the denial stands, a "Statement of Case" will be issued to the veteran. This must be responded to, usually within 60 days. The response to the "Statement of Case" is usually entered on VA Form 9, Appeal to Board of Veterans Appeals. A personal hearing can also be requested at this juncture, if not previously requested. New evidence if available can be submitted. The VA can still change their decision after this submission. If they do not, then the claim will go to the Board of Veterans Appeals. Should the Board of Veterans Appeals uphold the denial, and the veteran wishes to have the claim heard by the Court of Veterans Appeals (COVA), a notice must be filed with the court within 120 days of the Board of Veterans Appeals Decision. Remember that the Court will not accept any new evidence nor hear testimony additional to what had been dealt with by the Board of Veterans Appeals. The Court will only adjudicate Clear Unmistakable error, or misinterpretation, or misapplication of the evidence submitted in application to existing VA regulations. 2) Related Medical Forms: VA Form 10-10i VA Form 10-583 Medical Services 3) Insurance Information Claim for Payment of Cost of Unauthorized Related Compensation and Pension Forms: VA Form 21-614 VA Form 21-121 Application for Burial Allowance and Accrued Amounts Payable as Reimbursement VA Form 21-527 Income-Net Worth and Employment Statement VA Form 21-601 Application for Reimbursement from Accrued Amounts due a Deceased Beneficiary VA Form 21-609 Application for Amounts Due Estates of Persons Entitled to Benefits Application for Accrued Amounts of Veteran's Benefits Payable to Widow, Widower, Child or Dependent Parent 7-12 VA Form 21-8940 VA Form 4-5655 Veteran's Application Unemployability Financial Status Report for Increased Compensation Based on VA Form 21-4100 Statement of Income and Net Worth VA Form 21-4103 VA Form 21-4185 VA Form 21-6783 VA Form 21-6897 VA Form 21-0571 4) Information From Remarried Widow/er Report of Income From Property or Business Report of Income From Sale of Property Statement of Income and Net Worth-Disability Hardship, Exclusion of Child's Income for VA Pension EVR FORMS: VA Form 21-0511S VA Form 21-0511V VA Form 21-0512S VA Form 21-0512V VA Form 21-0513 VA Form 21-0514 VA Form 21-0515 VA Form 21-0516 VA Form 21-0517 VA Form 21-0518 VA Form 21-0519 Old Law Eligibility Verification Report (Surviving Spouse) Old Law Eligibility Verification Report (Veteran) Sec. 306 Eligibility Verification Report (Surviving Spouse) Sec. 306 Eligibility Verification Report (Veteran) Old Law and Sec. 306, EVR (Children Only) DIC Parent's EVR NIP, (Veteran with No Dependents) NIP, (Veteran with Spouse) NIP, (Veteran with Children) NIP, (Surviving Spouse with No Children) NIP, (Surviving Spouse and/or Children) Medical expenses affect the amount of VA New Improved Pension benefits payable when income remains constant, and changes of income also affect benefits. It is advisable to report significant changes in income or medical expense as they occur instead of waiting until filing the annual Eligibility Verification Report (EVR). This can increase benefits earlier or prevent overpayments. 7-13 WIDOW OUT OF COUNTY [Date] [Name] [Address] [City, State Zip] Dear [Name]: The office staff and I wish to express our sincere sympathy to you and your family in the loss of your loved one. We thought it would be helpful to advise you that you may be entitled to certain federal benefits from the Veterans Administration, such as burial benefits, a government headstone (if desired), and perhaps a pension, if your income is within a certain limitation. However, there has been recent legislation affecting entitlement to burial benefits. Please contact our office so that we might determine your late husband's entitlement. Please contact our office or, if it would be easier for you, the County Veterans Service Office in your county. Their office will be listed under the county listings in your local phone directory. If you contact the office in your county, let them know that we have a file on the veteran and that they can contact us for further information. Assistance can also be provided for government life insurance claims. You should also contact your local Social Security Office regarding any benefits to which you might be entitled from their office. Our office hours are from [office hours], Monday through Friday. Please call before coming in to make sure the Service Officer will be there to help you; this is true of either office from which you might seek help. Sincerely, [User's Name] [User's Title] [Initials] 7-14 7-15 NO WIDOW [Date] [Name] [Address] [City, State Zip] RE: [Veteran's Name] Dear [Name]: The office staff and I wish to express our sincere sympathy to you and your family in the loss of your loved one. We will possibly be processing an application for burial benefits from the US Dept. of Veterans Affairs. We would also like to inform you that the veteran is entitled to a government headstone. If you apply for benefits, the US Dept. of Veterans Affairs will respond with their decision regarding these applications. If the veteran had an active government life insurance policy, we can also help you with that. Please contact our office at [CVSO phone no.]. Our office hours are from [office hours], Monday through Friday. Sincerely, [User's Name] [User's Title] [Initials] 7-16 PEACETIME LTR TO WIDOW [Date] [Name] [Address] [City, State Zip] Dear [Name]: The office staff and I wish to express our sincere sympathy to you and your family in the loss of your loved one. We thought it would be helpful to advise you that you may be entitled to certain federal benefits from the Veterans Administration such as a burial flag, and a government headstone (if desired). Please stop in at the office at your convenience so that we may complete the necessary forms. (If no file, we ask for the discharge). If your spouse had government life insurance, please bring in the policy and beneficiary form so that we may complete the forms for the proceeds. You should also contact the local Social Security Office regarding any benefits to which you might be entitled from their office. Our office hours are from [office hours], Monday through Friday. Please call before coming in to make sure the Service Officer will be here to help you. [CVSO phone no.] Sincerely, [User's Name] [User's Title] [Initials] 7-17 NO PROOF OF SERVICE LTR [Date] [Name] [Address] [City, State Zip] Dear [Name]: The office staff and I wish to express our sincere sympathy to you in the loss of your loved one. The funeral home has informed us that your spouse/relative was a veteran. We have been unable to find any military records or information. If he/she was a veteran, they may be eligible for burial benefits, but we are unable to apply for these unless we have proof of service. Please contact our office or the closest County Veterans Service Office as soon as possible so we/they may assist you in obtaining the proper documents. If your spouse/relative was not a veteran, we would appreciate being informed of such. Thank you for your time and consideration. Sincerely, [User's Name] [User's Title] [Initials] 7-18 2ND FOLLOW-UP LTR MEMO TO: FROM: DATE: RE: Just a reminder to let you know that the veteran is still eligible for a government marker (if desired). The application for this claim can be obtained through our office. Please advise our office of your decision so that we may complete our file on the veteran. Our office hours are from [office hours], Monday through Friday. Thank you for your time and help. [User's Name] [User's Title] [Initials] 7-19 FINAL FOLLOW-UP LTR MEMO TO: DATE: FROM: RE: Just a reminder to let you know that the veteran is still eligible for a government marker (if desired). The application for this claim can be obtained through our office. Please advise our office of your decision so that we may complete our file on the veteran. Our office hours are from [office hours], Monday through Friday. Thank you for your time and help. [User's Name] [User's Title] [Initials] 7-20 WOOD NATIONAL CEMETERY SPECIAL MEMORIAL SECTION Wood has a memorial section in front of the monument in the cemetery. Memorial headstones can be requested to commemorate any veterans whose remains have not been recovered or identified, were buried at sea by one's own choice, or otherwise, were donated to science or were cremated and the remains scattered without interment of any portion of the ashes. If you would like further information please contact: Wood National Cemetery Milwaukee, WI 53295 (414) 382-5300 or (414) 382-5301 7-21 SECTION 8: PTSD, AGENT ORANGE, PERSIAN GULF ILLNESSES INDEX SECTION SUBJECT PAGES 1. PTSD – Background 8-1 to 8-2 2. Hot-Line Phone Numbers 8-3 3. Vet Centers 8-4 to 8-5 4. PTSD – Services in Action 8-6 5. Agent Orange 8-7 6. Persian Gulf Illnesses 8-8 Operation Readjustment (An Historical Perspective) Background Post Traumatic Stress Disorder (PTSD) is generally regarded as a delayed reaction to an unnatural event; an event that is regarded as outside the range of usual human experiences. For the purposes of this program, we are assuming the stressors or stimuli for the PTSD condition to be military combat and associated experiences. While it is impossible to determine how many of Wisconsin's approximately 160,000 Vietnam era veterans suffer the serious effects of PTSD, these many years after their service, (i.e. survivor guilt, rage, depression, flashbacks and intrusive recollections or dreams, sleep disturbance, memory loss and the many other identified problems) it seems that a general consensus is developing that somewhere between 10,000 and 12,000 of the state's approximately 53,000 veterans who actually served in the country of Vietnam are experiencing serious readjustment problems. In the last ten years, the seriousness of the problem of PTSD has been recognized by many policy makers on the national level, resulting in support by Congress for the concept of outpatient Vet Centers, which are PTSD aid stations structured in a non-institutional, non-traditional mode so as to be more appealing (or less unappealing) to those Vietnam vets in need of assistance who are by nature, or experience, anti-establishment (i.e., anti-traditional VA). In addition to the walk-in Vet Centers Congress has authorized the VA, usually through Vet Centers, to contract with private vendors to provide PTSD counseling to veterans who, for a plethora of reasons, are not able or willing to avail themselves of Vet Center offerings. The federal government has also made available through a few VA facilities in-patient care for PTSD patients. One such program exists in Wisconsin at Tomah. Authority and Impetus Wisconsin, in 1980, undertook a state funded survey, the Agent Orange Identification Program, which sought to contact those veterans who served in Vietnam and ascertain their believed contact with Agent Orange and other potentially dangerous chemicals and "agents". Fortunately, the study also questioned this target population of veterans and elicited responses in other areas of concern such as present general state of health, health maintenance habits, etc. This survey proved to be the impetus for a mortality study, which was commissioned by the legislature in 1983. The study looked at the records of over 122,000 Wisconsin Vietnam era veterans, of whom more than 43,000 served in Vietnam. The final results of that study were made available in April of 1986 and conveyed to those interested a not attractive condition of the psychological health of many of these veterans of our latest war. 8-1 The study concluded Wisconsin veterans who served in Vietnam have significantly higher death rates from motor vehicle accidents, all accidents and all other external causes of deaths when compared to other veterans of their generation who did not serve in Vietnam. Another conclusion of the study was that Vietnam veterans are at a considerably higher risk for suicide than non-veterans. The study also showed that, while there were only a small number of cases, Vietnam veterans are disproportionately represented among the class of deaths from soft tissue sarcoma (STS), a cancer linked to dioxin exposure. Dr. Henry Anderson, the principal investigator for the study, said in the final report that a growing body of medical literature was linking the accident and suicide deaths to PTSD and that the study indicated higher than expected mortality rates from cirrhosis of the liver. He said the "veteran population as a whole displays significant elevations in causes of death linked to alcohol and tobacco use" and that part of that elevation he suspected was "probably a result of veterans using substances to cope with the continuing stress they experience in their lives." The research goes on and the Vet Centers are available to assist in providing ongoing service to Vietnam veterans (and others through expanded abilities). Refer to the attached Contract Service Providers listing for the phone numbers of the Vet Centers (in Madison and Milwaukee) and the contract providers in your area. 8-2 HOT LINES NUMBERS VA BENEFITS TOLL FREE NUMBER (800) 827-1000 (TDDY) (800) 829-4833 PTSD (Dr. Bates, Readjustment Counseling, USDVA) (202) 565-7554 (Nat’l Center for PTSD, Boston VAMC) (617) 898-9500 EXT 3227 AGENT ORANGE (Class Action assistance) (202) 289-6173 PERSIAN GULF ILLNESSES (DOD Hotline) (800) 796-9699 (VA Persian Gulf Information) (800) 749-8387 8-3 Vet Center And Readjustment Counseling Services The Readjustment Counseling Service Vietnam Era Veterans Outreach Centers (Vet Centers) are community-based, Veterans Administration services which were established following congressional mandate in 1979. The enabling legislation arose from a recognition of the special readjustment needs of veterans who served during the Vietnam War and from a desire to provide needed readjustment assistance both to combat veterans and to support personnel of the Vietnam era. The mission of the Readjustment Counseling Service (RCS) is to provide a wide range of direct and outreach psychosocial readjustment counseling services through storefront operations to veterans of the Vietnam era in order to help them make a satisfactory post war readjustment to civilian life. The goal is to provide quality direct and outreach services to clients who are confronted with psychological symptoms or life disruptions as a result of the Vietnam experience. Not only Vietnam era veterans, but also members of their families are eligible for Vet Center services. In general, a veteran eligible for Vet Center services is a person who served in the armed forces between August 5, 1964 and May 7, 1975. With respect to the open door policy for those veterans' family members, the provision of services directed toward improving the quality of family life has a high priority in the philosophy of the readjustment counseling service. Eligibility has been expanded to include other veterans (contact the Vet Center directly for any referrals). The typical Vet Center is staffed by four persons: a team leader, an office manager, and two counselors. The counseling staff may consist of persons with various backgrounds, and may include psychiatrists, psychologists, social workers, clinical nurse specialists, vocational development specialists, guidance counselors, and skilled paraprofessionals. While the actual number of staff and their backgrounds may vary somewhat from place to place, all are selected and trained to meet the needs of their particular community in which each Vet Center is located. Vet Center staff are a team, working together to meet the needs of veterans and their families. Vet Center services emphasize counseling. For example, personal counseling can involve counseling for the individual, for couples, significant others, for the family as a whole, or for groups of veterans and/or their spouses. Also, Vet Centers provide career counseling when necessary to assist veterans and family members in finding jobs, and in obtaining the education and training needed to qualify them for employment. In addition to the direct services of personal counseling and job development, Vet Centers serve as sources for referral and information. Vet Center staff work closely with VA Medical Centers and with community agencies so that effective referrals can be made for services that the Vet Centers themselves cannot offer, such as medical care and financial assistance. Vet Center staff can also provide information, such as that needed to obtain benefits or to solve various problems more easily or effectively. In these ways, Vet Center staff can often help clients get needed services available outside the Vet Centers. There are many Vet Centers in operation across the United States, with at least one in virtually every 8-4 major city (see attachment). This kind of availability can be of particular benefit to persons who are relocating. Any Vet Center can provide the address and telephone number of the Vet Center nearest to a person's new location. For those who live at a distance from any Vet Center or VA Medical Center, and who cannot therefore easily get regular or frequent counseling services from those regular or frequent counseling services are needed--there is a special provision. Readjustment Counseling Service contracts with counseling agencies in outlying areas to provide supplementary counseling services. Any Vet Center or VA Medical Center can give further information about the availability of the "contract counseling" (see attachment at the end of this chapter). The Vet Centers have a strong interest in reaching out to Vietnam era veterans and their families, and to the community on behalf of clients. For both those related reasons, Vet Center staff make the availability of services known through talks with interested groups, through the media, and through staff involvement with various civic and professional groups. Occasionally, some people think at first that there may be a charge for services. However, the fact is that every eligible person is entitled to any needed service offered by the Vet Centers at no cost whatsoever. 8-5 PTSD Services In Action Referral Agents Referral agents can be many agencies, organizations or other entities. However, for purposes of this program referral agents are identified as County Veterans Service Officers and veteran organizations.. Referral agents that come in contact with veterans seeking health care services will refer the veteran directly to a health care provider as in the case of the hot line. Networking and Follow-up Procedures The importance of follow-up is expressed because it will help measure progress, success, and failures. Networking's main objective is to open up channels. CVSO’s may do their own follow-up work if they wish. Health Care Providers All health care providers are contracted by VA. The VA does a yearly records check to make sure they are doing services they are contracted to do. We may have trouble getting names of veterans from health care providers but we can be furnished with numbers. Networking will encourage health care providers to keep in touch with referral agents for other benefits available to the veteran. Resources Advocates are referred to Post-Traumatic Stress Disorders: a handbook for clinicians published by Disabled American Veterans and other quality publications on this illness. 8-6 To establish entitlement to service connected compensation benefits for post traumatic stress disorder, or any other psychological disorder, related to military service, the evidence must show the following: • A CURRENT DIAGNOSIS OF THE DISABILITY. • A RELATIONSHIP BETWEEN THE CURRENT DISABILITY AND AN EVENT IN SERVICE. • CREDIBLE SUPPORTING EVIDENCE THAT THE CLAIMED INSERVICE STRESSOR OCCURRED. BURDEN OF PERSUASION: CLEAR AND CONVINCING EVIDENCE PREPONDERANCE OF EVIDENCE REASONABLE DOUBT Participation in combat is a common contributor to the development of PTSD. If service records confirm a veteran received one of the following awards/decorations denoting participation in combat, the occurrence of an in -service stressor may be conceded. 8-7 PURPLE HEART, COMBAT INFANTRY BADGE, COMBAT MEDICAL BADGE, AIR MEDAL WITH "V" DEVICE, ARMY COMMENDATION MEDAL WITH "V" DEVICE, BRONZE STAR MEDAL WITH "V" DEVICE, COMBAT ACTION RIBBON, COMBAT AIRCREW INSIGNIA, NAVY COMMENDATION MEDAL WITH "V" DEVICE, DISTINGUISHED SERVICE CROSS, AIR FORCE CROSS, NAVY CROSS, JOINT SERVICE COMMENDATION MEDAL WITH "V" DEVICE, SILVER STAR, AND MEDAL OF HONOR. A veteran may have also have been awarded the "SOLDTRR'S MEDAL" for heroism during peacetime. If none of these awards are shown on the veteran's discharge certificate or contained in the Official Military Personnel Records, it will be necessary for the veteran to provide as much infoi ination as possible about the claimed stressor/stressors, so the VA may make an attempt to verify the event. This is usually accomplished by sending a request to the Center for Unit Records Research. Such a request usually takes about one year before a response is received. CURR will return requests found to be incomplete or inadequate, which will further delay the claims process. Therefore, it is necessary that the request contain as much information as possible about the claimed stressor in order that they may make an adequate search the first time. Once the VA has established the presence of the required stressor, a VA examination is usually scheduled. These examinations routinely address PTSD resulting from combat exposure. The examination will be conducted under current VA protocol procedures, which require the examiner to determine whether or not the veteran meets the diagnostic criteria for post traumatic stress disorder. If a diagnosis of post traumatic stress disorder is found, the VA Rating Board will grant service connection and assign an evaluation consistent with the criteria contained in the VA Schedule for Rating Disabilities. 8-8 OMB Approved No. 2900-0659 Respondent Burden: I Hour 10 Minutes VA DATE STAMP DO NOT WRITE IN THIS SPACE Department of Veterans Affairs STATEMENT IN SUPPORT OF CLAIM FOR SERVICE CONNECTION FOR POST-TRAUMATIC STRESS DISORDER (PTSD) INSTRUCTIONS: List the stressful incident or incidents that occurred in service that you feel contributed to your current condition For each incident, provide a description of what happened, the date, the geographic location, your unit assignment and dates of assignment, and the full names and unit assignments of service persons you know of who were killed or injured during the incident Please provide dates within at least a 60-day range and do not use nicknames. It is important that you complete the form in detail and be as specific as you can so that research of military records can be thoroughly conducted. If you do not know the answer, write "unknown " If more space is needed attach a separate sheet indicating the item number to which the answers apply 2. VA FILE NO. 1 NAME OF VETERAN (First, Middle, Last) STRESSFUL INCIDENT NO. 1 3A. DATE INCIDENT OCCURRED (Mo., day, yr) 3B LOCATION OF INCIDENT (City, State, Country, Province, 3C. UNIT ASSIGNMENT DURING INCIDENT (Such as, DIVISION WING, BATTALION, CAVALRY, SHIP) landmark or military installation) 3D. DATES OF UNIT ASSIGNMENT FROM (Mo., TO 3E DESCRIPTION OF THE INCIDENT 3F. MEDALS OR CITATIONS YOU RECEIVED BECAUSE OF THE INCIDENT INFORMATION ABOUT SERVICE PERSONS WHO WERE KILLED OR INJURED DURING INCIDENT NO 1 (ATTACH A SEPARATE SHEET IF MORE SPACE IS NEEDED) 4A. NAME OF SERVICE PERSON (First, Middle, Last) 4D. PLEASE CHECK ONE 4B. RANK 4C. DATE OF INJURY/DEATH (Mo., day, yr.) 4E. UNIT ASSIGNMENT DURING INCIDENT (such KILLED INACTION WOUNDED INACTION KILLED NON-BATTLE INJURED NON-BATTLE 5A NAME OF SERVICE PERSON (First, Middle, Last) 5D PLEASE CHECK ONE 5B. RANK 5E. UNIT ASSIGNMENT KILLED IN ACTION WOUNDED IN ACTION KILLED NON-BATTLE INJURED NON-BATTLE VA FORM JUL 2004 8-9 as, DIVISION, WING, BATTALION CAVALRY SHIP) 5C. DATE OF INJURY/DEATH (Mo., DURING INCIDENT day. yr.) (Such as, DIVISION, WING, BATTALION, CAVALRY. SHIP) day, yr.) STRESSFUL INCIDENT NO. 2 6A. DATE INCIDENT OCCURRED (Mo, day, yr.) 6B LOCATION OF INCIDENT (City, State, Country, Province, landmark or military installation) 6C UNIT ASSIGNMENT DURING INCIDENT (Such as DIVISION WING, BATTALION, CAVALRY, SHIP) 6D. DATES OF UNITASSIGNMENT(Mo.,day,yr.) FROM TO 6E DESCRIPTION OF THE INCIDENT 6F. MEDALS OR CITATIONS YOU RECEIVED BECAUSE OF THE INCIDENT INFORMATION ABOUT SERVICE PERSONS WHO WERE KILLED OR INJURED DURING INCIDENT NO. 2 (ATTACH A SEPARATE SHEET IF MORE SPACE IS NEEDED) 7A. NAME OF SERVICE PERSON (First, Middle, Last) 7D. PLEASE CIRCLE ONE 7B. RANK 7C. DATE OF INJURY/DEATH (Mo., day, yr.) 7E. UNIT ASSIGNMENT DURING INCIDENT (Such as, DIVISION, WING, BATTALION, CAVALRY, SHIP) KILLED IN ACTION WOUNDED IN ACTION KILLED NON-BATTLE INJURED NON-BATTLE 8A. NAME OF SERVICE PERSON (First. Middle, Last) 8D. PLEASE CIRCLE ONE 8B. RANK 8C. DATE OF INJURY/DEATH (Mo., day, yr.) 8E. UNIT ASSIGNMENT DURING INCIDENT (Such as, DIVISION, WING, BATTALION, CAVALRY, SHIP) KILLED INACTION WOUNDED IN ACTION KILLED NON-BATTLE INJURED NON-BATTLE 9. REMARKS I certify that the foregoing statement(s) are true and correct to the best of my knowledge and belief. 10. SIGNATURE 11. DATE 12. TELEPHONE NUMBERS (Include Area Code) Daytime Evening PENALTY - The law provides severe penalties which include fine or imprisonment or both, for the willful submission of any statement or evidence of a material fact, knowing it is false, or fraudulent acceptance of any payment to which you are not entitled. PRIVACY ACT NOTICE: The VA will not disclose information collected on this form to any source other than what has been authorized under the Privacy Act of 1974 or Title 38, Code of Federal Regulations 1.576 for routine uses (i.e., civil or criminal law enforcement, congressional communications, epidemiological or research studies, the collection of money owed to the United States, litigation in which the United States is a party or has an interest, the administration of VA programs and delivery of VA benefits, verification of identity and status, and personnel administration) as identified in the VA system of records, 58VA21/22, Compensation, Pension, Education and Rehabilitation Records - VA, published in the Federal Register. Your obligation to respond is voluntary. However, the requested information is necessary to obtain supporting evidence of stressful incidents in service. If the information is not furnished completely or accurately, VA will not be able to thoroughly research your military records for supporting evidence. The responses you submit are considered confidential (38 U.S.C. 5701). RESPONDENT BURDEN: We need this information in order to assist you in supporting your claim for post-traumatic stress disorder (38 U.S.C. 5107 (a)). Title 38, United States Code, allows us to ask for this information. We estimate that you will need an average of 1 hour and 10 minutes to review the instructions, find the information, and complete this form. VA cannot conduct or sponsor a collection of information unless a valid OMB control number is displayed. You are not required to respond to a collection of information if this number is not displayed. Valid OMB control numbers can be located on the OMB Internet Page at www.whitehouse.qov/omb/library/OMBINV.html#VA. If desired, you can call 1-800-827-1000 to get information on where to send comments or suggestions about this form. 8-10 AGENT ORANGE Veterans research Review", for this advocates and Veterans may keep apprised of the on-going into this war-related illness by reading the "Agent Orange published periodically by the USDVA. The mailing address publication is: Agent Orange Review Department of Veterans Affairs Automation Center (200/397) 1615 Woodward Street Austin, TX 78772-0001 PRESUMPTIVE SERVICE-CONNECTED CONDITIONS FOR VETERANS WHO SERVED IN VIETNAM FROM JANUARY 9, 1962 TO MAY 7, 1975 1) Chloracne (manifest within 1 year of leaving Vietnam) 2) Acute & subacute peripheral neuropathy (manifest within 1 year) 3) Porphyria cutanea tarda (manifest within 1 year) 4) Hodgkin’s disease 5) Multiple Myeloma 6) Non-Hodgkin’s lymphoma 7) Prostate Cancer 8) Respiratory Cancers of the lung, bronchus, larynx, or trachea 9) Type II Diabetes 10) Soft-tissue sarcoma (Other than osteosarcoma, chondrosarcoma, Kaposi’s Sarcoma or mesothelioma) Soft-tissue sarcoma includes the following: 1) Adult fibrosarcoma 2) Dermatofibrosarcoma protuberans 3) Malignant fibrous histiocytoma 4) Liposarcoma 5) Leiomyosarcoma 6) Epithelioid leiomyosarcoma (malignant leiomyoblastoma) 7) Rhabdomyosarcoma 8) Ectomesenchymoma 9) Angiosarcoma (hemanfiosarcoma & Lymphangiosarcoma 10)Proliferating Angioendotheliomatosis (Systemic) 11)Malignant glomus tumor 12)Malignant hemangiopericytoma 13)Synovial sarcoma(Malignant synovioma) 14)Malignant giant cell tumor of tendon sheath 15)Malignant schqannoma, including malignant schwannoma and Rhabdomyoblastic differentiation (Malignant Triton tumor) glandular & Epithelioid Malignant schwannomas 16) Malignant mesenchymoma; Malignant granular cell tumor; 17) Alviolar soft part sarcoma; Epithelioid sarcoma; Clear cell sarcoma of tendons & Aponeuroses 18) Extraskeletal Ewing’s sarcoma; 8-11 19) Congenital and infantile fibrosarcoma 20) Malignant Ganglioneruoma 8-12 PERSIAN GULF ILLNESSES We strongly encourage all Persian Gulf veterans who have questions or concerns about their service in the Persian Gulf region to contact the nearest VA Medical Center (through the CVSO) to obtain a Persian Gulf Registry exam. "The Persian Gulf Review" is for veterans and veterans advocates who are concerned and wish to remain updated on these type of illnesses (the address is the same as that for "Agent Orange Review"). The Tollfree phone number is 1-800-PGW-VETS. Accumulated medical data are useful for researchers developing hypotheses to be evaluated in scientific investigations. The law indicates that Gulf War participants be included in this Registry if they meet one of the following five criteria: (1) apply for health care services from VA, (2) file a claim for compensation from VA on the basis of any disability which may be associated with Gulf War service, (3) die and are survived by a spouse, child, or parent who files a claim with VA for dependents and indemnity compensation (survivors' benefits) on the basis of Gulf War service, (4) request a special VA Registry health examination (authorized by this law), or (5) receive from the Department of Defense a health examination and request inclusion in the VA Registry. 8-13 SECTION 9: CVSO HANDBOOK INDEX SECTION SUBJECT PAGES 1. General Information 9-1 2. Financial Information 9-5 to 9-6 3. Executive Committee 9-7 4. Service Officer Recognition 9-8 to 9-10 5. Conferences 9-11 to 9-27 6. CVSO Directory 9-28 7. Oath of Office & Prayers 9-29 8. Committee Responsibilities 9-30 to 9-40 9. Hosting a Conference 9-41 to 9-42 CVSO ASSOCIATION OF WISCONSIN OFFICERS HANDBOOK (Revised 10-15-03) 9-1 GENERAL INFORMATION Although designed for use of the Secretary-Treasurer, this manual will be of use to the Association President and 1st & 2nd Vice Presidents. The incoming Association President should review and submit changes to the Secretary for publication sent to all CVSOA WI members. As noted, some items are dictated by provisions of the By-Laws or action by the Association or Executive Committee. However, the majority comes from the experiences of several Secretary/Treasurers. It is provided as a guide that will change with time and more importantly, with how the incumbent Secretary/Treasurer is comfortable doing things. Many of the items are repeated in different sections where they apply. The Association is NOT tax exempt at this time, but we do have an Employer Identification Number (EIN) which should be provided to those counties making a request. That number is: 39-837354. Remember to remove the battery from the tape recorder microphone (if applicable) when it is not in use. This will keep it from corroding. The CVSO Pins were last ordered in June 1994. The price for sale to members is set by the Executive Committee based on the cost of the latest order. The CVSO Banner was given to the Association by Rock CVSO, Donald Reichard in May 1995. It should be displayed at all conferences and Association Functions. It should also be sent with our delegate to the National Convention and it may be useful at the State Fair Veterans Booth. A CVSO Assn. Flag was purchased in April 1997 and may be loaned out to any CVSO function. Two flags were presented to the Veterans Tribute Park at Cadott, WI. They will purchase future replacement flags. Check that year’s financial records for ordering information. Future replacement flags are now the responsibility of the Association (2001). When adding or deleting information from this Handbook, be sure that you check for correct page numbers. Enter the date of change in the upper right corner of this handbook. The Secretary’s folder containing this handbook should include a copy of the By-Laws and summary of Robert’s Rules of Order. You should take the handbook with you to all meetings. Check the NACVSO file as we have had many discussions about that organization. Wisconsin is a charter member and we have paid individual membership dues for our active members in the past. There was a vote in May 1997 to discontinue individual NACVSO dues payment by this Assn., but continue our state membership. A motion at Fall Conference 2002 to pay individual NACVSO dues was made and passed. The mechanics of paying the dues in accordance with the motion kept the dues from being paid by the Association. The dues for National were eventually paid for all 71 county members for 2003. Communication regarding any CVSO business may be submitted electronically to all members. 9-2 FINANCIAL INFORMATION OFFICERS COMPENSATION: Association Officers will be provided with an annual compensation as follows according to our By-Laws: President - $300 Legislative Committee Chair - $150 Secretary/Treasurer - $500 (SEE Association Business Minutes of September 18, 19, and 21, 1990) The Association Historian will be provided with an annual budget of $50 to purchase/process film and supplies for initiation and maintenance of an Association Scrapbook. (SEE Association Business Minutes of Sept. 18, 19, and 21, 1990) Members of the Executive Committee receive a per diem of $50 for each Executive Committee meeting they attend, except meetings held in conjunction with Association Conferences. The same per diem is paid to any Association members who are requested to attend by the President (i.e., Committee Chairmen). Per Diem to Executive members was changed to $50 (2001). Reimbursement authorized to Executive Committee members as per the State guidelines for Association business-related expenses incurred in conducting the business of the Association. (SEE Executive Committee Spring Conference 2001) DUES: Effective September 1, 1998, annual membership dues for active CVSO’s and Assistants are $60. (SEE Association Business Minutes May 9, 1997) Annual Dues for Honorary Members and former CVSO’s are $10. (Executive Minutes 6/12/86) Retired CVSO’s do not pay dues unless they want all mailings, then they must be Honorary Members. The Association pays state membership dues for the National Association of CVSO’s. (Association Business Minutes May 9, 1997) At Spring Conference each year we need a motion to reimburse an amount of the expenses to our National Delegate. We also need that motion to include reimbursement of registration for the delegate and alternate. CONFERENCE REGISTRATION: Registration fees will be per county rather than individual (SEE Exec. Minutes 6/4/91). The Executive Committee at the conference-planning meeting sets this fee. We have been charging a “late registration fee” since June 1994. A staff/guest fee is assessed at the discretion of the Executive Committee. Registration and/or banquet fees are refundable upon written request if the person does not attend the conference (Executive Minutes 4/27/93). We will pay for the banquet of any CVSO who retired during the year prior to a Fall Conference (Association Minutes 5/10/96). The Secretary will determine where the Association checking account is. Be sure that you set up the account so that someone else (President, former president or secretary) can sign checks in your 9-3 absence. Our current account is a business checking account so that we have cancelled checks returned. The current account is non-interest bearing and does not have the checks returned (2001). MEMORIAL CARDS: A supply of Sympathy and Get Well Cards were purchased from the Lynn Card Company in April 1996. There is an Association “signature” rubber stamp, but the Secretary should also sign the cards. The Secretary signs cards with the President’s signature (2001). A Sympathy card is sent upon the death of an Association member, former CVSO, CVSO’s dependent or parent. Memorials are included with the card as follows: Death of an active member Death of a retired CVSO Death of a dependent $25 $20 $20 You may choose to send a card upon the death of a current or former WDVA Board member or employee. You may also choose to send a special card should the occasion arise. CVSO MERCHANDISE: The decals and magnets we have were donated by Rock CVSO, Donald Reichard. The Association pins were ordered from Erffmeyer & Son, Inc. 5300 W. Clinton Avenue, Milwaukee, WI 53223-4788 (Phone 414-354-7800) in June 1994. The Association has for sale the following items: CVSO pins $16 CVSO decal $ 1 CVSO magnet $ 2 We order replacement nametags for cost, plus shipping (2001). Take a supply of each with you to conference. Have them for sale at the informal at both conferences and at the Fall banquet. 9-4 EXECUTIVE COMMITTEE The Executive Committee is made up of the President, 1st & 2nd Vice Presidents, Secretary, Legislative Committee Chair, immediate Past President, six elected members and the Chair of the CVSO Advisory Council. Elections are held at the Fall Conferences for the President, 1st & 2nd Vice Presidents, at least two at large members and 3 members of the Legislative Committee (Legislative Committee elects its own Chairman). On Association letterhead, the last two naves under “Executive Committee” are those whose terms expire next. The Executive Committee meets the first day of conference and must meet within 30 days following conference to direct the disposition of resolutions. This is normally taken care of on the last day of conference. They also meet approximately 105 days prior to the upcoming conference for planning agenda, etc. at the proposed site of conference. MEETING CHECKLIST: 1. Prepare (with assistance of the President) and mail a draft agenda to Executive members at least two weeks before the scheduled meeting. 2. Prepare a financial report covering the period since the last meeting. 3. Prepare an agenda (with assistance from the President) for President and 1st Vice. 4. Take: Association active files box, extra copies of last Executives Minutes, checkbook and extra checks, desk flag, meeting equipment box, roll call sheet, conference information as appropriate. DRAFT AGENDA: Check with the President for OLD & NEW BUSINESS items. 1. Call to Order 2. Pledge of allegiance (Moment of Silence) 3. Roll Call 4. Approval of last minutes 5. Introductions 6. Financial Report 7. Committee Reports 8. Old Business 9. New Business – Correspondence and resolutions disposition 10. Other Business 11. Next Meeting Date 12. Close the Meeting (always adjourn, do not Recess at conference) 9-5 SERVICE OFFICER RECOGNITION NEW SERVICE OFFICERS: The Secretary should telephone the New CVSO as soon as practicable after being made aware of the appointment. This is a good time to advise them of the CVSO Manual and ask about the style of name tag preferred. The Secretary or the President should send a formal Welcome Letter on Association letterhead as soon as possible. NAME TAGS: Each new CVSO is provided with one complementary name tag by the Assn. There is a Name Tag folder in the Assn. Active Files containing ordering information. The wooden magnetic nametags are ordered through Apple Awards 15579N Hwy 63 PO Box 1307 Hayward WI 54843 (800-248-6243). Cost of the nametags is $7.00 plus $1.00 SAH (no cost for the first one). (2001) When making your welcome call to a new CVSO, ask about the name to be engraved. The nametag is generally sent along with the Welcome Letter. Replacement nametags may be ordered upon request and the CVSO charged (cost plus shipping). A larger, colored (blue) nametag is provided to the new president (Fall 1995). Your choice. The same shall be provided for the 1st Vice President, the 2nd Vice President, and the Secretary/Treasurer. (Fall 2003) SERVICE CERTIFICATES: Continuous Service Certificates are presented at the Fall Conference. They are presented to CVSOs who have continuous service in five year increments (i.e., 5, 10, 15 years). Check the Association membership list (“CHECK MASTER TENURE LIST”) to determine eligibility when preparing for Fall Conference. There is a supply of certificates purchased in 1994 for each group in the “Certificates” box in the Supply Box. It is customary to have the certificates lettered by computer. Each is signed by the President and Secretary. Also affix a foil seal imprinted with the Association Seal to each certificate. Seal and foil stickers are in the Supply Box. As the certificates need reprinting, make sure to have the word “disabled” removed from the lettering (2000) before you have them printed. The certificates and other awards may be presented at the Banquet or one of the Business Sessions during Fall Conference. This is the President’s choice. RETIREE PLAQUES: A plaque is presented to each CVSO who has retired since the previous Fall Conference. The cost and style of the plaque is up to the Secretary. Engraving is as follows: 9-6 CVSO Name In appreciation of 00 years of dedicated service To veterans of Wisconsin From The CVSO Association of Wisconsin 200? PRESIDENTS GAVEL: The outgoing President is presented with a memorial gavel. The gavel should have a bass band around the center of the head with the following inscription: NAME PRESIDENT 200? – 200? COUNTY VETERANS SERVICE OFFICERS ASSOCIATION OF WISCONSIN PRESIDENTS CERTIFICATE: The outgoing President is presented with a certificate recognizing services rendered to the Association after the new officers take office. This certificate is lettered by computer, and signed by the new President and Secretary. A foil seal is affixed. OTHER CERTIFICATES: There is a supply of “Certificates of Appreciation” and blank forms in the Association Supply box. These are to be used by the President to acknowledge service to the organization by members, committees, etc. HOST CVSO: The CVSO hosting any conference is given a resolution of appreciation prepared by the Secretary and signed by the sitting Resolutions Committee. CVSO ADVOCACY AWARD: This award can be presented to CVSO and non-CVSO individuals or groups. It was first awarded in the Fall 1995. A news release is to be sent to all veterans organization publications in February each year by the President or PR Committee Chair. A committee made up of the current and immediate past president along with the 1st Vice reviews the applications prior to Fall Conference. Nominations may be taken at any time. More than one may be awarded in any year. The plaque is ordered from Wausau Engraving, Wausau, WI. DO NOT USE THIS PLAQUE FOR RETIREES. (SEE Advocacy file) The President’s box has the active file for Advocacy. Association Records has some original info along with current orders for plaques. The plaque should read as follows: 9-7 VETERANS ADVOCACY AWARD (Name) In Recognition of Outstanding Service to Veterans COUNTY VETERANS SERVICE ASSOCIATION OF WISCONSIN 200? 9-8 CONFERENCE GENERAL INFORMATION: Much of this information is addressed in other parts of this Handbook, so there will be some duplicating in this section. Draft agendas, conference programs, invitation letters, etc. relating to conference can be found on the computer. Conference sites are determined by bids from CVSO’s, reviewed by the Time and Place Committee, and voted upon by the membership. I would suggest that you do not plan more than two years in advance. Several CVSO’s have co-sponsored a conference. Spring Conference bids come from CVSO members and the sitting President has the option to name the time and place for the Fall Conference. Planning for conference begins with the accepted bid. You can provide a conference planning sheet to the host CVSO and conference statistics (on the computer) for reference. Work with the host as to who signs contracts, etc. An Executive meeting is called approximately 105 days prior to the scheduled conference date. This is usually at the conference site. The President, Secretary and host meet with the facility staff to verify cost, room assignments, etc. Try to do this without other CVSO’s at the meeting. Look at the conference statistics to see average costs of breaks and Informal. The Secretary should have menu suggestions for the President to review at the planning conference. Use your best judgment in amounts of food to order. The Training and Certification Committee develops the agenda. The Executive meets to set the agenda and approve the conference arrangements such as registration fee, banquet fee, entertainment, etc. The minutes of that meeting, including a draft agenda and registration invoice, should be sent out as soon as possible (electronically to all Association members – 2002). Check in the Executive Minutes folder and General Correspondence folders for examples. We have a normal registration deadline for about a week before the conference so that you can do banking, etc. Late registration fees are assessed if the registration is received after that deadline. Also note the resolution deadline in your cover letter. If a member wants a specific type of invoice, just change the one in the computer to meet their needs (i.e. combine registration and banquet; separate dues and registration). Although there have been very few late registrations, the 2nd Vice is responsible for that at conference registration. There is a Registration Box with receipts, date stamp, etc. which you should provide the 2nd Vice at the conference. The conference site normally will provide a registration table in the lobby if needed. The Secretary or 2nd Vice may sell CVSO merchandise. As the Secretary, go early to conference. Check the conference and workshop rooms for proper setup, necessary equipment, etc. each morning. Check to see whether or not you can leave things in the room overnight. Conference sessions have been smoke free since Spring 1993 at the recommendation of the President and Executive. 9-9 Be sure to have the calculator, fresh batteries and sample agendas for the planning meeting. Take the Meeting Equipment Box and Assn Active Files for reference as needed. 9-10 STEPS FOR PLANNING CONFERENCES 1. Time and Place Committee makes recommendation and membership votes to approve site. The host may then sign a tentative contract if necessary and set conference dates. 2. The President, Secretary and host CVSO meet with the facility staff about 105 days prior to the start of conference. They check the facility, prices, etc. and then report to the Executive Committee. The meeting with the facility staff is normally done in conjunction with an Executive Committee meeting on-site. 3. The Exec meets at the site 105 days prior to conference to set the agenda, fees, food and style of training (workshops or general sessions). This allows about 75 days before the resolutions deadline. 4. Host, President and Secretary may wish to confirm arrangements with facility staff after the Exec meeting. 5. Send out Executive Minutes, Draft Agenda and registration invoice to members as soon as possible (electronically 2002). 6. Send letters requesting presenters and provide basic information within two weeks (this is done by the Training Committee). 7. Get list of Conference Committee members from President. 8. Get bowling/golf information from Entertainment Committee. 9. Send presenter(s) acknowledge letters with hotel information, agenda, map, etc. once the presenter(s) have confirmed attending. 10. Print agenda as soon as possible as you have confirmed all presentations and have committee names. Secretary’s choice of color, style, etc. (Minimum 200 copies) 11. Deadline for resolutions is 30 days prior to conference. Number them and get them printed as soon as they come in. (SEE – Processing Resolutions) 12. Get cover letters printed for CVSO’s, Honorary Members and former CVSO’s once you have passed the resolutions deadline. 13. Mail conference packets (electronically) as soon as possible after the Resolutions Deadline, but not later than two weeks prior to conference. 14. Mail information packets (or advise of Websites) to other interested parties as you see fit. Prepare a Business Session Agenda to be available at the conference. 15. GOOD LUCK – go to conference. 9-11 POSSIBLE COMMITTEES The President appoints committees from the general membership for conference. It is suggested that you have at least one member who has been to the committee before so that there is some continuity from conference. The President should appoint the chairman of each committee and ask for suggestions as to the other members. In the summer of 1995, a project to develop Committee Responsibility Descriptions was taken on by John Schnabel. The results are added to the end of the Handbook as Appendix A. The following committees may or may not be needed at each conference: Sgt at arms – Two or more Distinguished Guests – Two members (include host CVSO) Time and Place – Two members Entertainment – Two members (include host CVSO) Public Relations – 1st Vice Pres and one or two members (include host CVSO) By-Laws – Three members Resolutions Committee Any Ad Hoc Committee appointed by the President The following Committees are needed for the Fall Conference only: Audit & Finance – Two members Nominating – Three or four members 9-12 MEETING WITH CONFERENCE STAFF Have the host CVSO arrange a meeting with the site staff about 105 days before the conference is to start. There should be a preliminary meeting between staff, the host, President and Secretary to address the basic needs. There is normally an Exec meeting at this time so that final agenda, etc. may be set. The following are suggested questions for planning: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Advise staff of breakfast problems. We have early risers. Is a buffet available? Get registration forms or phone numbers and site pamphlets (150-200). Where can we have registration if necessary (conference and banquet)? We strongly suggest 8’x30” tables if possible. Three chairs per table. Table set up is usually classroom style. There should be table at the front of the room for the Secretary to use. There should be water and glasses on each table. Two tables, podium and sound system at the front for general sessions. Two individual tables in back or side of room for handouts. Check on cost of breaks and reception. (President and Secretary decide menu) Any tip or service charge not included in prices? Verify room rates. Government rates? Senior Discounts, etc.? Will rooms be a block or as available? How long will they hold the block? Be sure that you have the name and phone number of a contact person. Advise them that ONLY the President, Secretary or Host may make changes at conference. Ask about complementary room for the Secretary. Do they provide flags or do we bring our own? Is there a conference room charge? If so, is it waived when we purchase food? FOR FALL CONFERENCE 19. 20. 21. 22. Get podium for banquet head table. When do they need final meal counts? What is leeway in number of meals reserved? How many tables needed for banquet (round or rectangular)? ADDITIONAL NEEDS 23. 24. 25. 26. President and Secretary decide on banquet head table. Host provides names of alternate (cheap) lodging. Will the local Chamber of Commerce mail out info packets? If not— Get information for local attractions for spouses to be available at conference. 9-13 PROCESSING RESOLUTIONS Proposed resolutions are to be received by the Secretary a minimum of 30 days prior to the Association meeting (By-Laws, Article X, Sec 1). They may be faxed, electronically submitted or mailed to members. The original resolutions are date stamped by the Secretary and numbered as they come in. Enter the identifying number in the date stamp area. Designate Fall or Spring along with the year and item number (i.e. F95-01). Have copies made of each resolution as they arrive. About 100 copies are sufficient. Those resolutions received prior to the 30-day deadline should be sent with the conference packets (electronically), but no later than 15 days before conference (By-Laws, Article X, Sec. 20). Copies are sent to each Active and Honorable Member. Resolutions received after the 30-day deadline should be copied on colored paper and made available at conference. You can include them in the conference packets if time allows. Late resolutions may be considered if the 30 days is waived by the membership in separate action at conference (By-Laws, Article X, Sec.3). A vote to accept resolutions for consideration of the Resolutions Committee is taken the first day’s business meeting. The 30-day rule may be waived by a 2/3rd majority vote of those present. Once accepted for consideration, the originals, supporting information, blank forms and letterhead are given to the Resolutions Committee Chair. The By-Laws were changed in Fall 1996 to make the 2nd Vice the Chair of this Committee. He/She is responsible for the rest of the processing. The Secretary may be asked to re-type resolutions or clerical support may be requested of the host CVSO office. Correction of spelling, etc. is an administrative process and does not require Assn. action. The Committee present all resolutions considered in the last business meeting of conference. The Committee may recommend approval, denial or have no recommendations. The Committee’s recommendation to approve or deny is a motion and needs no second. The Exec must meet within 30 days to determine disposition of the resolutions. This meeting normally takes place immediately following the close of the Business Session of Friday at each conference. The Exec reviews the resolutions and directs where they are to be sent. Mailing and follow-up are the responsibility of the Resolutions Chair. A status report should be given at the following conference by the committee chair that processed the resolutions. There is a Resolution file that is to be transferred from chair to chair at Spring Conference. The Secretary does not keep copies of resolutions other than those in the conference packet. Remember to print out a Host Commendation Resolution prior to each conference. Committee Job Statements) 9-14 (SEE – THINGS TO DO BEFORE CONFERENCE 1. Have a conference invoice and draft agenda sent out with the minutes of the Exec Committee meeting at which the conference is planned. Be sure you check on the 30-day deadline. 2. Contact potential presenters. 3. Get information regarding recreation outings. 4. Write three cover letters for packets: Active & Honorary Members, Retired CVSOs. 5. Print all resolutions as received. 6. Prepare a registration sheet. 7. Prepare an updated roll call for Exec and for Association. 8. Send invitations to “other” interested persons (SEE: Address book on computer – Sen. Kohl, Sen. Feingold, Chair of Veterans’ Committee, Chair of Senate Veterans’ Committee, etc.) 9. Discuss, prepare and draft agendas for Association and Exec meetings with President. 10. Get conference Change Fund ($50-$100) 11. Remind 1st Vice President to give opening prayer and banquet blessing. 12. Remind 2nd Vice President of responsibility for late registrations. 13. Make sure that you have temporary name tag in registration box. 14. Prepare membership cards before Fall Conference. 15. Review previous minutes to verify which Exec members’ terms expire (Fall). 16. Check who should get Certificates of Service (SEE: Master Tenure List). 17. Have Certificates, Pres. Gavel and retirement plaques made. 18. Prepare your financial records and print Audit Committee Report. (Fall) 19. Review Secretary Bond. (Fall) 20. Clean up your files to be sure that correspondences are in proper order. 9-15 These items are not necessarily in chronological order. They are basic things to do so be sure to check conference planning, etc. as well. It seems to work best if you make a folder for Audit, Exec, and Resolutions Committees with everything they need. You may wish to print out this page before each conference and check off things as they are accomplished. 9-16 THINGS TO TAKE TO CONFERENCE You may choose a different system, but I have things separated into boxes so that I can check them off and am sure that I have everything. You need the following: 1. 2. 3. Flags and stands (Assn, US & Wisconsin) and the Assn banner. Computer system, paper, disks, printer w/extra ribbon, etc. The meeting equipment box which has*: A. B. C. D. E. F. G. H. 4. tape recorder, mike & stand, tapes, extension cord calculator, batteries and paper Officers Handbook with By-Laws and Roberts Rules of Order Desk flag Extra pens, letterhead, blank paper and envelopes Blank ballots Legal pads for notes and minutes Anything else you feel you need Registration box which has: A. B. C. D. E. cash box with receipt book and cash fund Temporary nametags, marking pens, etc. Check endorsement, dated “received” and “paid” stamps Checkbook, extra checks and appointment book CVSO pins, decals and magnets 5. Association Active Files Box 6. Another box with extra agendas, late resolutions and handouts. Also the retirement plaque(s) and certificates for Fall conference. Be sure that you have your financial records and Audit Committee Report in the Fall. They should have a copy of the last audit, present report and financial printout for the year. Make sure that the Prayer cards and Oath cards are in the Handbook folder. Make a folder for the Resolutions Committee with originals, letterhead, blanks and extra copies, etc. I make up a folder for both the President and Secretary with meetings with the finalized agenda, copies of the last minutes, correspondence and supporting documentation. At the end of the business, put your notes in the folder so that they are with the other material from that meeting. When taking notes for the minutes, watch the counter on the recorder and note the number in the margin of each item. Once again, this is a generic list that you may want to adjust to meet your own style as Secretary. 9-17 * Remind the CVSO who is the custodian of the CVSO sound system to bring it along. 9-18 ASSOCIATION BUSINESS MEETING TUESDAY, 00/00/00 Call to Order Pledge of Allegiance (Moment of Silence for POW/MIAs) Opening Prayer – by 1st Vice President A moment of silence in honor of our ill and departed comrades (provide a list) Roll Call – report number attending Introduction of new CVSO’s (provide a list by name and county) Welcome remarks by: President, Host CVSO, Mayor, County Board Chair, etc. Action on minutes of last Association Business Meeting Informal Financial report – at Fall conference to forward to the Audit Committee as needed Announcements: Guests/staff present Workshop locations (informal site, etc.) Appointments – as necessary by President Other information for the group Committee Reports: CVSO Advisory Council Council on Veterans Programs Resolutions from last conference Legislative Committee Professional Standards National CVSO Assn Delegate Advocacy Award Others as necessary Motion to refer new resolutions received on time to Resolutions Committee Motion to refer late resolutions to Resolutions Committee – need 2/3rd majority Old Business: A, B, C, etc (relating to Association Business) New Business: A, B, C, etc (relating to Association Business) Other Business: (items not necessarily related to Association Business) RECESS the meeting until next session 9-19 ASSOCIATION BUSINESS MEETING SECOND DAY, 00/00/00 9-20 Call to Order Announcements Old Business or continuation of first days discussions New Business (Association) Other business (non-Association) Recess until next session ASSOCIATION BUSINESS MEETING FRIDAY 00/00/00 Call to Order Pledge of Allegiance (moment of silence?) Presentation of awards/citations (if necessary) Committee Reports: Audit & Finance (Fall) Time and Place (as necessary) Resolutions Other Committees Election of Officers (Fall): Report by Nominating Committee Call for nominations from the floor three times Motion to close nominations AND vote OR cast Unanimous ballot (SEE NOMINATING COMMITTEE & ELECTION OF OFFICERS) Remarks by out-going President (Fall) Swearing in of new officers (by out-going President and pass gavel to incoming) (Fall) Remarks by incoming President and presentation of gavel and certificate (Fall) Appointments by President (Secretary, Ad Hoc Committees, etc.) Old Business or continued discussion from last session Any Committee reports not previous given New Business (Association related) Other Business (non-Association related) 9-21 Announcement of next Exec Committee Meeting Motion to adjourn until next conference 9-22 CONFERENCE REGISTRATION Fall registration is basically the same as Spring, but dues are payable and there is a banquet associated with the conference. Invoices are sent out to Active Members with the minutes of the Exec’s planning meeting. Honorable Members invoices can be sent at this time of closer to conference. Retired CVSOs receive a banquet invoice with the conference packets sent to them. There are very few registrations at conference, but there may be several banquet payments made. On site registration and banquet are the responsibility of the 2nd Vice President. You should discuss this with the 2nd Vice the first day of conference, if possible. The Secretary will provide a Registration Box containing: Conference/Banquet Registration List Change fund ($100-$150) Receipt book, paid stamp and date stamp Tickets as necessary Temporary name tags (or have on back table) Pens, paper, etc. When taking registrations: 1. 2. 3. 4. 5. Enter date received on the registration list Remove the county envelope from the packet and date stamp the invoice Provide the CVSO with the membership card, ticket, etc. from envelope Place invoice in envelope and replace it in the back of the packet If an extra banquet is purchased, provide a ticket and receipt as needed. Make a note of the sale on the registration list or separate sheet. Prior to the banquet, have pins, decals, etc. available for sale. If any are sold, make a note of the sale on the registration or separate sheet. Return the Registration Box to the Secretary at the end of the day or at the start of the banquet and discuss any problems. 9-23 CVSO DIRECTORY There are two types of CVSO Directories. The Phone Directory is done by the Association Secretary and the CVSO Picture Directory is done by the WDVA Information Office. PHONE LISTING: This CVSO Directory is prepared, printed and distributed by WDVA with the assistance of the Association Secretary. Julie VanMetre, Administrative Assistant to the WDVA Secretary is the contact person and compiles the listing from information we provide (Julie mails this electronically to all members). During the early planning stages for Fall Conference, you should contact Julie and establish a date by which updated information reach her. Letters should be written to each CVSO and agency included in the current Directory asking them to review and update the pertinent information. A copy of the agency’s current listing should be attached to the letter (Julie does this electronically). Letters to CVSOs are normally sent with conference packets (electronically) and other agency letters are sent out at about the same time. At the end of Fall Conference a list of association officers and Legislative Committee members will be provided to Julie. Julie will check this information, have it compiled, printed and distributed. PICTURE DIRECTORY: Association voted to assume Picture Directory responsibilities. (Spring Conference 2003) 9-24 OATH OF OFFICES I (name) SWEAR OR AFFIRM THAT I WILL UPHOLD THE CONSTITION OF THE UNITED STATES OF AMERICA AND THAT I WILL UPHOLD THE BY-LAWS OF THE COUNTY VETERANS SERVICE OFFICERS ASSOCIATION. I WILL PERFORM THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITY. OPENING PRAYER WE PRAY TO GOD THAT EACH VETERANS SERVICE OFFICER DERIVE STRENGTH AND RESOLUTION TO CARRY OUT THE PURPOSE OF OUR ASSOCIATION; TO SUPPORT PROGRAMS FOR VETERANS AND THEIR DEPENDENTS AND TO IMPROVE OUR ABILITY TO SERVE THROUGH FELLOWSHIP AND LEARNING. MAY GOD GRANT US TRUTH IN OUR WORDS AND COURAGE IN OUR DEEDS. AMEN (Please remain standing for a moment of silence for our POWs and MIAs) BANQUET PRAYER WE PRAY TO GOD THAT IN OUR DEDICATION TO PUBLIC SERVICE, WE PAUSE FROM TIME TO TIME IN SOLEMN REMEMBRANCE TO OUR DEAD COMRADES, AND HONOR THOSE AMONG US WHO HAVE LOST LOVED ONES IN WORLD-WIDE BATTLES ON LAND, SEA AND IN THE AIR. MAY GOD GRANT THAT WE GRACE OUR HERITAGE OF LIBERTY AND LAW WITH HUMILITY AND PURPOSE; THAT THOSE WHO HAVE DIED IN THE STRUGGLE FOR FREEDOM’S SURVIVAL HAVE NOT DIED IN VAIN, AND NOW, WE GIVE THANKS TO GOD FOR HIS BOUNTY OF GOOD FOOD AND COMRADESHIP. 9-25 COMMITTEE RESPONSIBILITIES (Appendix A) The following pages contain general descriptions of conference committee responsibilities originally drafted in 1996. Copies should be provided to committee members once they have been appointed by the Association President. Names of committees and members are usually included on the printed program/agenda for each conference. It has been recommended that the President name the chairman of each committee. The Secretary/Treasurer should provide any information or assistance needed by each committee. The Executive, Legislative and Training and Certification, Resolutions, and Information Committees compositions and duties are defined by the By-Laws, Articles VII, VIII, and IX. It should be noted that the By-Laws state that the 1st Vice President is the official Public Relations Officer for the Assn (Article VI, Sec. 2,A). The 2nd Vice President is the designated chair of the Resolutions Committee (Article VI, Sec. 2,C). Other committees may be made on an Ad Hoc basis by the President as they see fit. 9-26 AUDIT COMMITTEE The Audit Committee is responsible for reviewing the financial records of the Association to properly verify income, expenses, bonding, etc. annually. This committee functions only at the Fall Conference each year. The committee should consist of two members in good standing. At least one member should have previous experience on the Audit Committee. The Committee will audit financial records for the fiscal year, September 1st through August 31st. The Secretary/Treasurer will provide a copy of the previous audit report, the checkbook, all bank statements and canceled checks for the period of the audit, and all assets to be inventoried. When auditing the cash assets, the beginning balance for the fiscal year will be verified by comparing it with the ending balance on the previous audit report. All bank statements will be reviewed and compared with records of deposits and withdrawals to insure accuracy. Receipts for expenditures should be matched with numbered checks used to pay the expense. Funds which were received will be verified by comparing the appropriate bank statement with the checkbook. The Committee will verify assets other than cash by actual count of each asset. The beginning inventory will be verified by comparing it with the ending inventory on the previous audit report. Examples of other assets to be verified are lapel pins, postage stamps, decals, magnets, etc. The Committee will review the bond and insure it is valid and sufficient to cover assets held by the Association. The Secretary/Treasurer prepares a report of the committee’s findings. The report will be presented to the membership for acting during a business meeting at conference (usually the last day). Any suggestions or recommendations the committee may have concerning the financial affairs of the Association will be presented at that time. WHEN A NEW SECRETARY/TREASURER IS APPOINTED, FUNDS WILL BE TRANSFERRED WITH ONE CHECK. THE AUDIT COMMITTEE WILL THEN BE RESPONSIBLE FOR CONDUCTING A SEPARATE AUDIT OF THE FINANCIAL RECORDS COVERING THE PERIOD SEPTEMBER 1ST THROUGH THE DATE OF THE CHECK TRANSFERRING THE FUNDS. COPIES OF THE RESULTS OF THAT AUDIT WILL BE PROVIDED TO THE OUTGOING AND INCOMING SECRETARY/TREASURER, THE PRESIDENT AND THE NEXT AUDIT COMMITTEE CHAIRMAN. 9-27 BY-LAWS COMMITTEE Committee members must have a working knowledge of the Association By-Laws. During the course of Association business sessions, the may be called upon to interpret the By-Laws and to render an opinion on the proper usage of definitions set forth in the By-Laws. Proposed changes to the By-Laws will be reviewed by the committee. Procedures for making changes to the By-Laws are found in Article XI, as amended May 10, 1996. The Committee will present the proposed changes with recommendation for action to the Association. It was agreed that proposed changes to be sent out with the conference packets following the 30-day rule as it applies to the resolutions. The Committee will also be responsible for a general review of the By-Laws and , if appropriate, make recommendation for any changes needed. 9-28 DISTINGUISHED GUEST COMMITTEE The committee will assist the Secretary/Treasurer in seeing to the comfort and needs of guests, presenters, etc. The Committee will insure guest accommodations have been made. If appropriate, make sure the accommodations and meeting places are accessible. If the Association is furnishing the room, coordinate billing with the Secretary/Treasurer. The Committee will arrange transportation from and to the airport, train station, etc. if required; assist with hotel registration; and provide needed assistance with luggage and equipment at check-in and check-out. The Committee will familiarize the guest with the layout of the hotel and the location of the presentation rooms. The Committee will determine if the guest has any special needs such as diet, medical, etc. and help to see those needs are met. At Fall Conference, the Committee will make sure that guests have banquet tickets. Meet with them at the banquet and show them to any special seating. The Committee shall coordinate with the Secretary/Treasurer to insure that required materials are copied prior to the conference. If the guest is bringing handouts, be sure they know how many will be needed. The Committee should also be sure that guests receive a copy of the conference agenda along with the names, phone numbers and addresses of the Host CVSO and the Secretary/Treasurer. The Committee shall coordinate with the Secretary/Treasurer to insure that appropriate “Thank You” letters are sent to appropriate individuals or agencies. Guests may include program presenters, banquet speakers, former members, and/or legislative representatives. 9-29 NOMINATING COMMITTEE The Nominating Committee is responsible for preparing a slate of officers for presentation to the membership at the Fall conference. It is preferable that the Committee be composed of past presidents. At a minimum, the chairman should be a past president. Persons being considered for all offices should be actively involved in Association business and functions, including regular attendance at all or most conferences. Nominees should be contacted prior to conference. Generally, a candidate for the office of President should have served as both Second and First Vice President. The First Vice President candidate should have served as Second Vice President. When selecting candidates for these positions considerations should be given seniority. Experience on the Executive Committee is highly desirable. In selecting nominees for the Executive Committee, an attempt should be made to insure representation from all areas of the state. Although it is not a requirement, past experience has shown that it works best if members of the Legislative Committee come from counties in fairly close proximity to Madison. Ordinarily, the slate will include nominees for President, First Vice President, Second Vice President, two members-at-large for Executive Committee, three members for the Legislative Committee, a delegate to the National Association of CVSOs and an alternate delegate to NACVSO. If the current Executive Committee member-at-large is nominated for another office and is elected, it will be necessary to elect someone to complete the remainder of their Executive Committee Term. The Legislative Committee elects its own chairman. The Secretary/Treasurer will provide blank ballots as needed and provide other assistance as necessary. 9-30 PUBLIC RELATIONS COMMITTEE The Public Relations Committee has an excellent opportunity to increase public awareness of the Association, veterans’ issues and the local CVSO office. At the Spring 2001 conference, it was suggested that this be made a standing committee and it was noted that the 1st Vice-President is the designated Public Relations Officer in our By-Laws. PRIOR TO CONFERENCE: Contact local media (print, radio and/or television) and suggest: 1. A feature story on the functions of the CVSO office and current issues of importance in veterans’ affairs. 2. An interview with one of the conference guest presenters, particularly when there is a national or statewide topic that is timely and of interest to a broad range of veterans. Prior to contacting the media, make certain to clear this with the presenter. 3. Request the conference hotel place “Welcome CVSO’s” on their marquee if they have one. Make contact with the local Chamber of Commerce and/or convention bureau to see if other means are available to advertise the fact that the conference is being held in the community. This duty should be included with the planning of a conference committee, too. 4. Most hosts ask local officials to give brief welcoming remarks on the first day of conference. When inviting your County Board Chair person, mayor, etc. use the opportunity to promote work of the office and the value of continuing education and training for the CVSO and staff. This duty should be included with the host’s planning duties. 5. All CVSOs can send out a press release upon return to their home county announcing their attendance at an important conference and highlighting areas of training and discussion. This should be provided by the committee. 6. Resolutions that are passed can be shared with local veterans’ organizations for discussion and their possible action on important issues. 7. Share the conference agenda and a report on the conference with your County Board’s liaison committee. This may help encourage stronger support for your conference attendance. Use your Professional Standards certification as a method of solidifying support for continuing education and the professionalism of the office. 9-31 RESOLUTIONS COMMITTEE Resolutions are sent to the Secretary/Treasurer by the membership; logged in and numbered. Resolutions must be received no less than 30 days prior to a conference to be considered. The 30day rule may be waived with 2/3rd majority vote of those attending the conference. The Secretary/Treasurer will have the resolutions received, duplicated and included in the conference packets. The Resolutions Committee is defined in the By-Laws, Article IX, Paragraph C. The 2nd Vice President is the Chair. The Resolutions Committee shall receive the original resolutions from the membership by a vote to refer to committee on the first day of conference. The Committee will review each resolution for clarity, conciseness and content. Any rewritten resolution should be coordinated with the drafter to preserve the original intent. The Committee will then present the resolutions back to the membership with recommendation for action (approval, denial, tabling or no recommendation). A resolution to commend the host CVSO will be provided by the Secretary/Treasurer. The host CVSO and staff will provide administrative support for the Committee or you may contact the Secretary/Treasurer. If the Committee recommends adoption, the Chairman presents the recommendation in the form of a motion to adopt. A second is needed from the membership, discussion, amendment and action is then taken by the chairman. Resolutions adopted by the membership are sent to the Executive Committee for determination of disposition. This must be done within 30 days of the end of the conference where action was taken. This meeting is most often held the last day of conference. The Committee will rewrite the approved resolutions on Association resolution forms and forward the resolutions as directed by the Executive Committee. A transmittal letter will be sent with each resolution requesting a response within 30 days. The chairman will perform follow-up inquiries as necessary and report to the Association at the next conference. The outgoing Committee chair will insure that the new chair receives the resolutions Committee Correspondence File (binder) at conference. The Secretary/Treasurer will provide association letterhead, blank forms, etc. with the resolutions forwarded for consideration. A report on resolutions from the last conference stating to whom resolutions were sent and responses received will be presented by the chairman to the membership at the next business meeting, generally the first day of the next conference. This is a standing committee as established by the By-Laws, Article IX, Par. C, 9/20/96. 9-32 SERGEANT-AT-ARMS The position of Sergeant-at-Arms is established by the By-Laws, Article IX, Paragraph D. Generally, there are two individuals appointed to this position. The Sergeants-at-Arms help maintain order at all conference meetings and during presentations. They provide general assistance to the President and presenter. The Sergeants-at-Arms notify those outside of the meeting rooms when meetings or sessions are about to begin. There should be one Sergeant-at-Arms in each workshop if possible. They help the President and presenters by providing needed assistance with set-up and breakdown of equipment; passing out material, ballots, etc.; and other tasks as needed. They remind the membership of the no-smoking policy and insure that conversations held during presentations are kept to a minimum and non-disruptive to those in the meeting or session. They assist in maintaining order by diplomatically dealing with anyone causing a disturbance or conducting themselves in an unprofessional manner. They assist in sound equipment set-up and use. AT THE END OF EACH CONFERENCE, THE SERGEANTS-AT-ARMS WILL PRESENT A BRIEF REPORT TO THE PRESIDENT ON ANY SUGGESTIONS OR RECOMMENDATIONS THEY MAY HAVE TO INSURE SMOOTH RUNNING CONFERENCES. This is a Standing Position stated in the By-Laws, Article IX, Par D, as established 9/20/96. 9-33 TIME AND PLACE COMMITTEE The Time and Place Committee receives bids to host a conference and presents the bids and recommendations to the Association for consideration. Conferences are held in the spring and fall of each year, typically in late April and in September. The site of each conference is decided upon not less than one year in advance. Since availability of the facility is often a determining factor, the exact dates of each conference are agreed upon by the host CVSO and the Executive Committee. Traditionally, the outgoing President of the Association has the right of first refusal to host the fall conference held at the end of his/her term. If the president has no preference, bids will be solicited as they are for the spring conferences. It should be announced at the Tuesday business meeting that the committee is accepting bids for conferences that are yet to be scheduled. The Committee accepts bid information throughout the conference. At the First day business meeting, the bids and any additional information provided is presented to the membership. The site for a given conference is decided by a majority vote of the members present and voted on at the business meeting. (Article V, Section I of the By-Laws) 9-34 HOSTING A CONFERENCE The following is a combination of items to be considered while deciding whether or not to host a conference and guidelines for things that need to be done while hosting. The conference facility should have: 60-70 sleeping rooms Meeting room with a capacity to comfortably seat 90-100 Two or three breakout rooms that will seat 25-30 people each Audio/visual equipment for meeting and training Restaurant/dining room on premises Recreation/pool facilities A suitable room or area for receptions/informal discussions Banquet facilities (Fall conference) Contact facilities you deem suitable for the above. Determine potential dates for the conference. Check room rates. Will they offer a special room rate, government rate, etc. for rooms? Present this material to the Time and Place Committee at conference time. The Association will vote on the site and dates. You may sign a tentative contract; however, the President or Secretary should sign the final contracts. When approved by the Association, provide the Secretary/Treasurer with information on recommendations as well as a local map showing the locations of the conferences and other accommodations. These items are a part of the conference packets sent to each CVSO and presenter. Coordinate with the Secretary/Treasurer on how many copies of the maps and hotel pamphlets will be needed. The local Visitors & Convention Bureau and/or Chamber of Commerce will generally provide help in contacting hotels to serve as the conference facility. They can usually provide visitor maps, guides and brochures about local attractions and businesses to be passed out at the beginning of the conference. Some local businesses may provide samples and/or promotional material to be included in these packets. Prepare a list of recommended restaurants and local attractions. See if a local Legion or VFW Post is having a “steak feed” or some other fundraiser at conference time. Consider planning a special outing or trip to a community site of interest. Previous hosts have arranged for tours of Camp American Legion, the Highground, and we have enjoyed boating excursions at several conferences. Cost and transportation to and from the activity are two key factors in planning. The Exec will vote on this matter. Arrange for guest speakers (County Exec, mayor, law enforcement officials, etc.) you would like to have welcome conferees. Have your office staff prepared to run errands, do typing, and provide other administrative support that might be needed during conference. If your staff will attend conference sessions, arrange for a temporary for your office. 9-35 AT ANY TIME, CHECK WITH THE SECRETARY ABOUT TIME TABLES, ETC. FOR PLANNING AND CONFERENCE. 9-36 SECTION 10: OPEN MEETING LAW INDEX SECTION SUBJECT PAGES 1. Introduction 10-1 to 10-2 2. Table of Contents 10-2 to 10-7 3. Policy of the Open Meeting Law 10-7-10-8 4. When Does The Open Meeting Law Apply 10-8 to 10-17 5. What is Required If The Open Meeting Law Applies 10-17 to 10-23 6. When is it Permissible to Convene in Closed Session 10-23 to 10-31 7. Who Enforces The Open Meeting Law and What are it’s 10-31 to 10-33 Penalties? 8. Conclusion 10-33 to 10-34 9. Appendix A – Wisconsin Stats § 19.81 – 19.98 10-34 to 10-40 10. Appendix B 10-40 to 10-43 11. Reference Materials 10-43 to 10-47 WISCONSIN OPEN MEETINGS LAW A COMPLIANCE GUIDE 2003 10-1 Wisconsin Department of Justice Peggy A. Lautenschlager Attorney General An informed citizenry is the bedrock of representative government. In order to properly observe, participate in, and critique their government, Wisconsin citizens must be assured that the operations of government occurs in the full light of day. By state law, the Attorney General’s office has the responsibility of providing advice regarding this state’s Open Meetings Law. By properly educating government officials as to their responsibilities to ensure that Wisconsin’s policy of openness in government is achieved, my office hopes to prevent many of the unintentional violations of the law that may occur. By fully informing governmental officials, this office can limit prosecutions to those who violate our Open Meetings Law despite a proper understanding of its requirements. The purpose of this handbook, therefore, is to offer guidance to government officials on their duties and responsibilities, and to provide information to the public on its rights under the law. In this new edition, commonly asked questions are answered and an overview of the law is provided. Because the handbook is not intended to be a comprehensive interpretation of the law, users should keep in mind that it is only a basic guide. Government officials should direct specific questions to the attorneys advising their governmental bodies. These attorneys are in the best position to discuss the application of the applicable laws to specific facts concerning your meetings. Our democracy depends on citizens having access to their government. I hope this handbook will assist in achieving that objective. Peggy A. Lautenschlager Attorney General 2003 10-2 TABLE OF CONTENTS I. POLICY OF THE OPEN MEETINGS LAW ...............................................................................1 II. WHEN DOES THE OPEN MEETINGS LAW APPLY?............................................................1 A. Definition Of “Governmental Body” ...................................................................................1 1. Entities that are governmental bodies ...........................................................................1 a. State or local agencies, boards and commissions...................................................1 b. Governmental or quasi-governmental corporations...............................................3 c. Subunits .................................................................................................................3 d. State Legislature.....................................................................................................3 2. Entities that are not governmental bodies ......................................................................4 a. Governmental offices held by a single individual...................................................4 b. Bodies meeting for collective bargaining ...............................................................4 c. Bodies created by the Wisconsin Supreme Court....................................................4 d. Ad hoc gatherings.....................................................................................................4 B. Definition Of “Meeting” ..........................................................................................................5 1. Simple majority.................................................................................................................5 2. Negative quorums..............................................................................................................6 3. Walking quorums...............................................................................................................6 4. Telephone conference calls................................................................................................6 5. Multiple meetings ..............................................................................................................6 6. Burden of proof as to existence of a meeting.....................................................................7 III. WHAT IS REQUIRED IF THE OPEN MEETINGS LAW APPLIES?.............................................7 10-3 A. Notice Requirements.....................................................................................................................7 1. To whom and how notice must be given...............................................................................7 2. Contents of notice .................................................................................................................8 a. In general .......................................................................................................................8 b. Closed session.................................................................................................................8 3. Time of notice.........................................................................................................................9 B. Open Session Requirements............................................................................................................9 1. Accessibility.............................................................................................................................9 2. Tape recording and videotaping.............................................................................................10 3. Citizen participation...............................................................................................................10 4. Minutes of meetings and recording of votes .........................................................................11 IV. WHEN IS IT PERMISSIBLE TO CONVENE IN CLOSED SESSION? ..........................................11 A. Authorized ClosedSessions......................................................................................................11 1. Judicial or quasi-judicial hearings......................................................................................11 2. Employment and licensing matters....................................................................................11 a. Consideration of dismissal, demotion, discipline, licensing and tenure ...................11 b. Consideration of emply, promo, comp and perf evaluations ....................................12 3. Consideration of financial, medical, social or personal information..................................13 4. Conducting public business with competitive or bargaining implications.........................13 5. Conferring with legal counsel with respect to litigation ....................................................13 6. Remaining exemptions...........................................................................................................................14 B. Notice Of Closed Session.............................................................................................................14 C. Voting In An Authorized Closed Session ....................................................................................14 10-4 D. Procedure For Convening In Closed Session ...............................................................................15 E. Reconvening In Open Session........................................................................................................15 V. WHO ENFORCES THE OPEN MEETINGS LAW AND WHAT ARE ITS PENALTIES? .............15 A. Enforcement ...................................................................................................................15 B. Penalties ............................................................................................................................16 CONCLUSION ...............................................................................................................................17 10-5 WISCONSIN OPEN MEETINGS LAW I. POLICY OF THE OPEN MEETINGS LAW The State of Wisconsin recognizes the importance of having a public informed about governmental affairs. The state’s open meetings law declares that: In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business. Wis. Stat. § 19.81(1). The open meetings law creates a presumption that meetings of governmental bodies must be held in open session. State ex rel. Newspapers v. Showers, 135 Wis. 2d 77, 97, 398 N.W.2d 154 (1987). Although there are some exemptions to the open session requirement, those exemptions are to be invoked sparingly and only where necessary to protect the public interest. The policy of the open meetings law dictates that governmental bodies convene in closed session only where holding an open session would be incompatible with the conduct of governmental affairs. “Mere government inconvenience is . . . no bar to the requirements of the law.” State ex rel. Lynch v. Conta, 71 Wis. 2d 662, 678, 239 N.W.2d 313 (1976). The open meetings law explicitly provides that all of its provisions must be liberally construed to achieve its purposes. This rule of liberal construction applies in all situations, except enforcement actions in which forfeitures are sought. Wis. Stat. § 19.81(4). Public officials must be ever mindful of the policy of openness and the rule of liberal construction in order to ensure compliance with both the letter and spirit of the law. II. WHEN DOES THE OPEN MEETINGS LAW APPLY? The open meetings law applies to every “meeting” of a “governmental body.” Wis. Stat. § 19.83. The terms “meeting” and “governmental body” are defined in Wis. Stat. § 19.82(1) and (2). 1 A. Definition Of “Governmental Body” 1. Entities that are governmental bodies a. State or local agencies, boards and commissions The definition of “governmental body” includes a “state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order.” Wis. Stat. § 19.82(1). This provision focuses on the manner in which a body was created, rather than on the type of authority the body possesses. Purely advisory bodies created by constitution, statute, ordinance, rule or order are therefore subject to the open meetings law. See State v. Swanson, 92 Wis. 2d 310, 317, 284 N.W.2d 655 (1979). The definition includes state or local agencies, boards, commissions and bodies created by the constitution and statutes of the State of Wisconsin, including condemnation commissions created by Wis. Stat. § 32.08, as 10-6 well as local bodies created by county, city, village or town ordinance. It does not include bodies created solely by federal constitution, statute or rule. State or local bodies created by “rule or order” are also included in the definition. The term “rule or order” has been liberally construed to include any directive, formal or informal, creating a body and assigning it duties. 78 Op. Att’y Gen. 67, 68-69 (1989). This includes directives from governmental bodies, presiding officers of governmental bodies, or certain governmental officials, such as county executives, mayors or heads of a state or local agency, department or division. See 78 Op. Att’y Gen. 67 (1989). The Wisconsin Attorney General has concluded that the following are state or local agencies, boards, commissions or bodies and thus are “governmental bodies” subject to the open meetings law: An advisory committee appointed by the Natural Resources Board, the Secretary of the Department of Natural Resources, or a District Director, Bureau Director or Property Manager of that department. 78 Op. Att’y Gen. 67 (1989). A county board of adjusters. Correspondence, June 11, 1984. A citizen’s advisory committee appointed by a county executive. Correspondence, November 4, 1986. A public inland lake protection and rehabilitation district established by a county or municipality. Correspondence, November 6, 1986. A planning commission or zoning board of appeal. Correspondence, May 7, 1991. A library board created by local ordinance. Correspondence, December 20, 1993. A citizen’s advisory group appointed by the mayor. Correspondence, March 17, 1983. A municipal public utility commission managing a city-owned public electric utility. 65 Op. Att’y Gen. 243 (1976). A town board, but not an annual town meeting. 66 Op. Att’y Gen. 237 (1977). A committee appointed by the school superintendent to consider school library materials. Correspondence, February 10, 1981. Departments of formally constituted subunits of the University of Wisconsin system or campus. 66 Op. Att’y Gen. 60 (1977). A municipal public utility managing a city-owned public electrical utility. 65 Op. Att’y Gen. 243 (1976). A consortium of school districts created by contract under Wis. Stat. § 66.30. I-10-93, October 15, 1993. A school district’s strategic-planning team whose creation was authorized and whose duties were assigned to it by the school board. I-29-91, October 17, 1991. A deed restriction committee created by resolution of a common council. I-34-90, May 25, 1990. 10-7 An industrial agency created by resolution of county board under Wis. Stat. § 59.071. I-2290, April 4, 1990. b. Governmental or quasi-governmental corporations The definition of “governmental body” also includes a “governmental or quasi-governmental corporation,” except for the Bradley sports center corporation. Wis. Stat. § 19.82(1). The term “governmental or quasi-governmental corporation” includes a corporation created directly by the state Legislature or by some other governmental body pursuant to specific statutory authorization or direction. 66 Op. Att’y Gen. 113, 115 (1977). The Attorney General has, for instance, concluded that a volunteer fire department created by town ordinance is a “governmental body” subject to the open meetings law, correspondence, June 15, 1977; in contrast, a volunteer fire department created by private citizens is not a “governmental body.” 66 Op. Att’y Gen. 113 (1977). The term “quasi-governmental corporation” also includes a corporation that closely resembles a governmental corporation in function, effect or status, even though the corporation was not created directly by a governmental body. 80 Op. Att’y Gen. 129, 135 (1991). There is no clear-cut test for determining whether a particular corporation resembles a governmental corporation closely enough to be considered “quasigovernmental.” The fact that a corporation serves a public purpose is not, in itself, sufficient to make a corporation “quasigovernmental.” See 66 Op. Att’y Gen. at 115 (1977). Nor is the fact that a corporation receives most, if not all, of its funding from public sources. See 80 Op. Att’y Gen. at 136 (1991). Thus, in an informal opinion, the Attorney General considered whether the Grant County Economic Development Corporation, a chapter 181 nonstock, nonprofit corporation created by private individuals, was a “quasi-governmental corporation” subject to the open meetings law. Although the corporation served a public purpose and received more than fifty percent of its funding from public sources, the Attorney General concluded that it was not “quasi-governmental” within the meaning of the open meetings law. Correspondence, February 26, 1987. In a subsequent opinion, however, the Attorney General concluded that the Milwaukee Economic Development Corporation, also a chapter 181 nonstock, nonprofit corporation, created by two private citizens and one city employee, fit within the definition of a “quasi-governmental corporation.” 80 Op. Att’y Gen. 129 (1991). The factors the Attorney General considered in reaching that conclusion included: (1) that the corporation’s bylaws reserved four of nine directors’ positions for specified city officials, (2) that all of the corporation’s officers were appointed by the city and (3) that the corporation was housed in city offices, used city equipment and was staffed by city employees. 80 Op. Att’y Gen. at 136 (1991). c. Subunits A “formally constituted subunit” of a governmental body is itself a “governmental body” within the definition in Wis. Stat. § 19.82(1). A subunit is a separate, smaller body created by a parent body and composed exclusively of members of the parent body. 74 Op. Att’y Gen. 38, 40 (1985). If, for example, a fifteen member county board appoints a committee consisting of five members of the county board, that committee would be considered a “subunit” subject to the open meetings law. This is true despite the fact that the five-person committee would be smaller than a quorum of the county board. Groups that include both members and nonmembers of a parent body are not “subunits” of the parent body. Such groups may nonetheless fit within the definition of “governmental body.” d. State Legislature Generally speaking, the open meetings law applies to the state Legislature, including the senate, assembly and any committees or subunits of those bodies. Wis. Stat. § 19.87. The law does not apply to any partisan caucus of the senate or assembly. Wis. Stat. § 19.87(3). The open 10-8 meetings law also does not apply where it conflicts with a rule of the Legislature, senate or assembly. Wis. Stat. § 19.87(2). Additional restrictions are set forth in Wis. Stat. § 19.87. 2. Entities that are not governmental bodies a. Governmental offices held by a single individual Since the term “body” connotes a group of individuals, a governmental office held by a single individual is not a “governmental body” within the meaning of the open meetings law. Thus, the open meetings law does not apply to the office of coroner or to inquests conducted by the coroner. 67 Op. Att’y Gen. 250 (1978). Similarly, the Attorney General has concluded that the open meetings law does not apply to an administrative hearing conducted by an individual hearing examiner. Correspondence, December 2, 1980. b. Bodies meeting for collective bargaining The definition of “governmental body” explicitly excludes bodies that are formed for or meeting for the purpose of collective bargaining with municipal or state employees under Wis. Stat. ch. 111. A body formed exclusively for the purpose of collective bargaining is not subject to the open meetings law. Wis. Stat. § 19.82(1). A body formed for other purposes, in addition to collective bargaining, is not subject to the open meetings law when conducting collective bargaining. Wis. Stat. § 19.82(1). The Attorney General has, however, advised multi-purpose bodies to comply with the open meetings law, including the requirements for convening in closed session, when meeting for the purpose of forming negotiating strategies to be used in collective bargaining. 66 Op. Att’y Gen. 93, 96-97 (1977). The collective bargaining exclusion does not permit anybody to consider the final ratification or approval of a collective bargaining agreement in closed session. Wis. Stat. § 19.85(3). c. Bodies created by the Wisconsin Supreme Court The Wisconsin Supreme Court has held that bodies created by the court, pursuant to its superintending control over the administration of justice, are not governed by the open meetings law. State ex rel. Lynch v. Dancey, 71 Wis. 2d 287, 238 N.W.2d 81 (1976). Thus, generally speaking, the open meetings law does not apply to the supreme court or bodies created by the supreme court. In the Lynch case, for example, the supreme court held that the former open meetings law, Wis. Stat. § 66.77(1) (1973), did not apply to the Wisconsin Judicial Commission, which is responsible for handling misconduct complaints against judges. Similarly, the Attorney General has indicated that the open meetings law does not apply to the Board of Attorneys Professional Responsibility. OAG 67-79 (July 31, 1979) (unpublished opinion). In addition, in an informal opinion, the Attorney General concluded that the monthly judicial administration meetings of circuit court judges, conducted under the authority of the supreme court’s superintending power over the judiciary, were not subject to the open meetings law. Correspondence, February 28, 2000. d. Ad hoc gatherings Although the definition of a governmental body is broad, some gatherings are too loosely constituted to fit the definition. Thus, Conta holds that the directive that creates the body must also “confer[] collective power and define[] when it exists.” 71 Wis. 2d at 681. Showers adds the further requirement that a “meeting” of a governmental body takes place only if there are a sufficient number of members present to determine the governmental body’s course of action. 135 Wis. 2d at 102. In order to determine whether a sufficient number of members are present to determine a governmental body’s course of action, the membership of the body must be numerically definable. Thus, in an informal opinion, the Attorney General concluded that a loosely constituted group of citizens and local officials instituted by the mayor to discuss various issues related to a dam closure was not a governmental body, because no rule or order defined the group’s membership, and no provision existed for the group to exercise collective power. Correspondence, September 24, 1998. 10-9 Any entity that fits within the definition of “governmental body” must comply with the requirements of the open meetings law. In most cases, it is readily apparent whether a particular body fits within the definition. On occasion, there is some doubt. Any doubts as to the applicability of the open meetings law should be resolved in favor of complying with the law’s requirements. B. Definition Of “Meeting” A “meeting” is defined as: [T]he convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If one-half or more of the members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this subchapter. . . . Wis. Stat. § 19.82(2). The statute then excepts the following: an inspection of a public works project or highway by a town board; or inspection of a public works project by a town sanitary district; or the supervision, observation, or collection of information about any drain or structure related to a drain by any drainage board. Wis. Stat. § 19.82(2). People often assume that the open meetings law applies only to gatherings of one-half or more of the members of a governmental body. That is not the case. The Wisconsin Supreme Court has held that the open meetings law applies whenever a gathering of members of a governmental body satisfies two requirements: (1) there is a purpose to engage in governmental business and (2) the number of members present is sufficient to determine the governmental body’s course of action. Showers, 135 Wis. 2d at 102. The first part of the Showers test focuses on the purpose for which the members of the governmental body are gathered. They must be gathered to conduct governmental business. Showers stressed that “governmental business” refers to any formal or informal action, including discussion, decision or information gathering, on matters within the governmental body’s realm of authority. Showers, 135 Wis. 2d at 102-03. Thus, in State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 572-74, 494 N.W.2d 408 (1993), the Wisconsin Supreme Court held that the village board conducted a “meeting,” as defined in the open meetings law, when a quorum of the board regularly attended each plan commission meeting to observe the commission’s proceedings on a development plan that was subject to the board’s approval. The court stressed that a governmental body is engaged in governmental business when its members gather to simply hear information on a matter within the body’s realm of authority. Id. at 573-74. The members need not actually discuss the matter or otherwise interact with one another to be engaged in governmental business. Id. at 574-76. The court also held that the gathering of town board members was not chance or social because a majority of town board members attended plan commission meetings with regularity. Id. at 576. In contrast, the court of appeals concluded in Paulton v. Volkmann, 141 Wis. 2d 370, 375-77, 415 N.W.2d 528 (Ct. App. 1987), that no meeting occurred where a quorum of school board members attended a gathering of town residents, but did not collect information on a subject the school board had the potential to decide. The second part of the Showers test requires that the number of members present be sufficient to determine the governmental body’s course of action on the business under consideration. The following addresses some of the most frequently asked questions with respect to whether a gathering constitutes a “meeting” under the open meetings law. 10-10 1. Simple majority Typically, governmental bodies operate under a simple majority rule --that is, a margin of one vote is sufficient for the body to pass or block a proposal. In that instance, under the Showers test and the language in Wis. Stat. § 19.82(2), the open meetings law applies whenever one-half or more of the members of the governmental body gather to discuss or act on matters within the body’s realm of authority. The Attorney General has advised that the concept of a quorum implies the actual presence of a sufficient number of members to conduct business, whether that presence is by physical attendance or by a telecommunications device. Unless the legal authority that created the body and the body’s internal operating procedures permit the use of proxy votes to establish a quorum or to conduct the body’s business, proxy votes should not be used to conduct the body’s business. Correspondence, July 22, 2002. 2. Negative quorums When a governmental body operates under a super majority rule (a two-thirds majority, for example), less than half of the members of the body could block a proposal by agreeing to vote in opposition to the proposal. A group of sufficient size to block a proposal is called a “negative quorum.” Showers made clear that the open meetings law applies when such a group gathers for the purpose of conducting governmental business. Showers, 135 Wis. 2d at 101-02. Accordingly, if a governmental body operates under a two-thirds majority rule, the open meetings law applies whenever more than one-third of its members gather to discuss or act on matters within the body’s authority. 3. Walking quorums The requirements of the open meetings law also extend to walking quorums. A “walking quorum” is a series of gatherings among separate groups of members of a governmental body, each less than quorum size, who agree, tacitly or explicitly, to act uniformly in sufficient number to reach a quorum. Showers, 135 Wis. 2d at 92, quoting Conta, 71 Wis. 2d at 687. In Conta, the supreme court recognized the danger that a walking quorum may produce a predetermined outcome and thus render the publicly-held meeting a mere formality. Conta, 71 Wis. 2d at 685-88. The court commented that any attempt to avoid the appearance of a “meeting” through use of a walking quorum is subject to prosecution under the open meetings law. Conta, 71 Wis. 2d at 687. The widespread use of electronic mail and other electronic message technologies creates special dangers for governmental officials trying to comply with the open meetings law. Although two members of a governmental body larger than four members may discuss the body’s business without violating the open meetings law, features like “forward” and “reply to all” common in electronic mail programs deprive a sender of control over the number and identity of the recipients who eventually may have access to the sender’s message. Moreover, because of electronic mail communication, it is quite possible that a quorum of a governmental body may receive the sender’s message – and therefore may receive information on a subject within the body’s jurisdiction – in an almost real-time basis, the way they would receive it in a meeting of the body. Because of the dangers posed by electronic mail, the Attorney General strongly discourages the members of every governmental body from using electronic mail to communicate about issues within the body’s realm of authority. Correspondence, October 3, 2000. 4. Telephone conference calls Telephone conference calls among members of a governmental body fit within the definition of “meeting” subject to the open meetings law. 69 Op. Att’y Gen. 143 (1980). Under the Showers test, therefore, the open meetings law applies to any conference call that: (1) is for the purpose of conducting governmental business and (2) involves a sufficient number of members of the body to determine the body’s course of action on the 10-11 business under consideration. To comply with the law, a governmental body conducting a meeting by telephone conference call must provide the public with an effective means to monitor the conference. This may be accomplished by broadcasting the conference through speakers located at one or more sites open to the public. 69 Op. Att’y Gen. at 145 (1980). A “walking quorum” by telephone is also governed by the open meetings law. 5. Multiple meetings When a quorum of the members of one governmental body attend a meeting of another governmental body under circumstances where their attendance is not chance or social, in order to gather information or otherwise engage in governmental business regarding a subject over which they have decisionmaking responsibility, two separate meetings occur, and notice must be given of both meetings. Badke, 173 Wis. 2d at 577. The Attorney General has advised that, despite the “separate public notice” requirement of Wis. Stat. § 19.84(4), a single notice can be used, provided that the notice clearly and plainly indicates that a joint meeting will be held and gives the names of each of the bodies involved, and provided that the notice is published and/or posted in each place where meeting notices are generally published or posted for each governmental body involved. Correspondence, March 4, 2003. 6. Burden of proof as to existence of a meeting The presence of members of a governmental body does not, in itself, establish the existence of a “meeting” subject to the open meetings law. The law provides, however, that if one-half or more of the members of a body are present, the gathering is presumed to be a “meeting.” Wis. Stat. § 19.82(2). The law also exempts any “social or chance gathering” not intended to circumvent the requirements of the open meetings law. Wis. Stat. § 19.82(2). Thus, members of a governmental body may overcome the presumption of a meeting by establishing that they did not discuss or act on business within the governmental body’s authority. If, for example, one-half or more of the members of a governmental body ride to a meeting in the same vehicle, the law presumes that the members conducted a “meeting” which was subject to all of the requirements of the open meetings law. The members of the governmental body may overcome the presumption by proving that they did not discuss or act on any business of the body. Where a person alleges that a gathering of less than one-half the members of a governmental body was held in violation of the open meetings law, that person has the burden of proving that the gathering constituted a “meeting” subject to the law. Showers, 135 Wis. 2d at 102. That burden may be satisfied by proving: (1) that the members gathered to conduct governmental business and (2) that there was a sufficient number of members present to determine the body’s course of action. Again, it is important to remember that the overriding policy of the open meetings law is to ensure public access to information about governmental affairs. Under the rule of liberally construing the law to ensure this purpose, any doubts as to whether a particular gathering constitutes a “meeting” subject to the open meetings law should be resolved in favor of complying with the provisions of the law. III. WHAT IS REQUIRED IF THE OPEN MEETINGS LAW APPLIES? The two most basic requirements of the open meetings law are that a governmental body: (1) give advance public notice of each of its meetings, and (2) conduct all of its business in open session, unless an exemption to the open session requirement applies. 10-12 Wis. Stat. § 19.83. A. Notice Requirements Wisconsin Stat. § 19.84, which sets forth the public notice requirements, specifies when, how and to whom notice must be given, as well as what information a notice must contain. 1. To whom and how notice must be given The chief presiding officer of a governmental body, or the officer’s designee, must give notice of each meeting of the body to: (1) the public, (2) any members of the news media who have submitted a written request for notice and (3) the official newspaper, designated pursuant to state statute, or if none exists, to a news medium likely to give notice in the area. Wis. Stat. § 19.84(1). The chief presiding officer may give notice of a meeting to the public by posting the notice in one or more places likely to be seen by the general public. 66 Op. Att’y Gen. at 95 (1977). As a general rule, the Attorney General has advised posting notices at three different locations within the jurisdiction that the governmental body serves. 66 Op. Att’y Gen. at 95 (1977). Alternatively, the chief presiding officer may give notice to the public by paid publication in a news medium likely to give notice in the jurisdiction area the body serves. 63 Op. Att’y Gen. 509, 510-11 (1974). If the presiding officer gives notice in this manner, he or she must ensure that the notice is actually published. The chief presiding officer must also give notice of each meeting to members of the news media who have submitted a written request for notice. Although this notice may be given in writing or by telephone, 65 Op. Att’y Gen. Preface at v-vi (1976), it is preferable to give notice in writing to help ensure accuracy and so that a record of the notice exists. 65 Op. Att’y Gen. 250, 251 (1976). Governmental bodies cannot charge the news media for providing statutorily required notices of public meetings. 77 Op. Att’y Gen. 312, 313 (1988). In addition, the chief presiding officer must give notice to the officially designated newspaper or, if none exists, to a news medium likely to give notice in the area. The governmental body is not required to pay for and the newspaper is not required to publish such notice. 66 Op. Att’y Gen. 230, 231 (1977). Note, however, that the requirement to provide notice to the officially designated newspaper is distinct from the requirement to provide notice to the public. If the chief presiding officer chooses to provide notice to the public by paid publication in a news medium, the officer must ensure that the notice is in fact published. 2. Contents of notice a. In general Every public notice of a meeting must give the “time, date, place and subject matter of the meeting, including that intended for consideration at any contemplated closed session, in such form as is reasonably likely to apprise members of the public and the news media thereof.” Wis. Stat. § 19.84(2). The notice need not contain a detailed agenda, but because the public is entitled to the fullest and most complete information compatible with the conduct of governmental business, the notice should be specific. This requires that when a member of the governmental body knows in advance of the time notice is given that a matter may come before the body, that matter must be described in the meeting notice. 66 Op. Att’y Gen. 143, 144 (1977). The chief presiding officer of the governmental body is responsible for providing notice, and when he or she is aware of matters which may come before the body, those matters must be included in the meeting notice. 66 Op. Att’y Gen. 68, 70 (1977). In an informal opinion, the Attorney General opined that a chief presiding officer may not avoid liability for a legally deficient meeting notice by assigning to a non-member of the body the responsibility to create and provide a notice that complies with Wis. Stat. § 19.84(2). Correspondence, October 17, 2001. In formulating descriptions of the subject matter of a meeting, the chief presiding officer should keep in mind that the public is entitled to the best notice that can be given at the time the notice is prepared. A good 10-13 rule of thumb is to ask whether a person interested in a specific subject would be aware, upon reading the meeting notice, that the subject might be discussed. For example, the court of appeals has held that the subject matter designation “licenses” was specific enough to apprise members of the public that a liquor license would be considered for approval. State ex rel. H.D. Ent. v. City of Stoughton, 230 Wis. 2d 480, 486, 602 N.W.2d 72 (Ct. App. 1999). Cf. Olson v. City of Baraboo, 2002 WI App 64, 252 Wis. 2d 628, ¶¶ 13-17, 643 N.W.2d 796 (meeting notice that a Joint Review Board would deliberate a resolution was sufficient to notify the public that the board would take action on the resolution). General subject matter designations such as “miscellaneous business,” or “agenda revisions,” or “such other matters as are authorized by law” should be avoided. The Attorney General advised in an informal opinion that if a meeting notice contains a general subject matter designation and a subject that was not specifically noticed comes up at the meeting, a governmental body should refrain from engaging in any information gathering or discussion or from taking any action that would deprive the public of information about the conduct of governmental business. I-5-93, April 26, 1993. Citizen comment periods are the subject of specific legislation, and are discussed separately in Section III.B.3, below. Another frequently asked question is whether a governmental body may act on a motion for reconsideration of a matter voted on at a previous meeting, if the motion is brought under a general subject matter designation. The Attorney General has advised that a member may move for reconsideration under a general subject matter designation, but that any discussion or action on the motion should be set over to a later meeting for which specific notice of the subject matter of the motion is given. Correspondence, May 5, 1986. b. Closed session The notice provision in Wis. Stat. § 19.84(2) requires that if the chief presiding officer or the officer’s designee knows at the time he or she gives notice of a meeting that a closed session is contemplated, the notice must contain the subject matter to be considered in closed session. The notice must contain the specific nature of the business, as well as the exemption(s) under which the chief presiding officer believes a closed session is authorized. 66 Op. Att’y Gen. at 98 (1977). In State ex rel. Schaeve v. Van Lare, 125 Wis. 2d 40, 47, 370 N.W.2d 271 (Ct. App. 1985), the court held that a notice to convene in closed session under Wis. Stat. § 19.85(1)(b) “‘to conduct a hearing to consider the possible discipline of a public employee’” was sufficient. 3. Time of notice The provision in Wis. Stat. § 19.84(3) requires that every public notice of a meeting be given at least twenty-four hours in advance of the meeting, unless “for good cause” such notice is “impossible or impractical.” If “good cause” exists, the notice should be given as soon as possible and must be given at least two hours in advance of the meeting. Wis. Stat. § 19.84(3). No Wisconsin court decisions or Attorney General opinions discuss what constitutes “good cause” to provide less than twenty-four-hour notice of a meeting. This provision, like all other provisions of the open meetings law, must be construed in favor of providing the public with the fullest and most complete information about governmental affairs as is compatible with the conduct of governmental business. Wis. Stat. § 19.81(1) and (4). If there is any doubt whether “good cause” exists, the governmental body should provide the full twenty-fourhour notice. Wisconsin Stat. § 19.84(4) provides that separate notice for each meeting of a governmental body must be given at a date and time reasonably close to the meeting date. A single notice that lists all the meetings that a governmental body plans to hold over a given week, month or year does not comply with the notice requirements of the open meetings law. See 63 Op. Att’y Gen. at 513 (1974). University of Wisconsin departments and their subunits, as well as the Olympic ice training rink, are exempt from the specific notice requirements in Wis. Stat. § 19.84(1)-(4). Those bodies are simply required to provide notice “which is reasonably likely to apprise interested persons, and news media who have filed written requests for such notice.” Wis. Stat. § 19.84(6). Also exempt from the specific notice requirements are certain meetings of subunits of parent bodies held during or immediately before or after a meeting of the 10-14 parent body. See Wis. Stat. § 19.84(6). B. Open Session Requirements 1. Accessibility In addition to requiring advance public notice of every meeting of a governmental body, the open meetings law also requires that every meeting of a governmental body initially be convened in “open session.” See Wis. Stat. §§ 19.83 and 19.85(1). All business of any kind, formal or informal, must be initiated, discussed and acted upon in “open session,” unless one of the exemptions set forth in Wis. Stat. § 19.85(1) applies. Wis. Stat. § 19.83. An “open session” is defined in Wis. Stat. § 19.82(3) as “a meeting which is held in a place reasonably accessible to members of the public and open to all citizens at all times.” This provision requires that governmental bodies hold their meetings in rooms that are reasonably calculated to be large enough to accommodate all citizens who wish to attend the meetings. Badke, 173 Wis. 2d at 580-81. Absolute access is not, however, required. Id. In Badke, for instance, the Wisconsin Supreme Court concluded that a village board meeting that was held in a village hall capable of holding 55-75 people was reasonably accessible, although three members of the public were turned away due to overcrowding. Id. at 561, 563, 581. Whether the requirement that a meeting be held in a place that is reasonably accessible is met depends on the facts in each individual case. Any doubt as to whether a meeting facility is large enough to satisfy the requirement should be resolved in favor of holding the meeting in a larger facility. In the case of a state governmental body, “open session” means a building and room that enables access by persons with functional limitations, as defined in Wis. Stat. § 101.13(1). Wis. Stat. § 19.82(3). This provision requires that state governmental bodies hold their meetings in buildings and rooms that are accessible, without assistance, to persons with functional limitations. 69 Op. Att’y Gen. 251 (1980). In order to comply with the spirit of the open meetings law, local bodies should also, whenever possible, meet in buildings and rooms that are accessible without assistance. The policy of openness and accessibility favors governmental bodies holding their meetings in public places, such as a municipal hall or school, rather than on private premises. See 67 Op. Att’y Gen. 125, 127 (1978). The law prohibits meetings on private premises that are not open and reasonably accessible to the public. Wis. Stat. § 19.82(3). Generally speaking, places such as a private room in a restaurant or a dining room in a private club are not considered “reasonably accessible.” A governmental body should meet on private premises only in exceptional cases, where the governmental body has a specific reason for doing so which does not compromise the public’s right to information about governmental affairs. The policy of openness and accessibility also requires that governmental bodies hold their meetings at locations proximate to the public they serve. Accordingly, the Attorney General has concluded that a school board meeting held forty miles from the district which the school board served was not “reasonably accessible” within the meaning of the open meetings law. Correspondence, May 25, 1977. The Attorney General advises that, in order to comply with the “reasonably accessible” requirement, governmental bodies conduct all their meetings at a location within the district they serve, unless there are special circumstances that make it impossible or impractical to do so. I-29-91, October 17, 1991. 2. Tape recording and videotaping The open meetings law grants citizens the right to attend and observe meetings of governmental bodies that are held in open session. The open meetings law also grants citizens the right to tape record or videotape open session meetings, as long as doing so does not disrupt the meeting. The law explicitly states that a governmental body must make a reasonable effort to accommodate anyone who wants to record, film or photograph an open session meeting, as long as the activity does not interfere with the meeting. Wis. Stat. § 19.90. 10-15 By contrast, members of a governmental body have no right to record a closed meeting under circumstances that might mean its private and secret nature could be violated. If a governmental body desires to record its closed meetings, it should arrange for the security of the records to prevent their improper disclosure. 66 Op. Att’y Gen. 318, 325 (1977). 3. Citizen participation The open meetings law does not grant citizens a right to participate in meetings of a governmental body. There are, however, a number of state statutes which require governmental bodies to hold public hearings on specific matters. See for example, Wis. Stat. § 65.90(4) (requiring public hearing before adoption of a municipal budget) and Wis. Stat. § 66.46(4)(a) (requiring public hearing before creation of a tax incremental finance district). In the absence of such a statute, the governmental body itself is free to determine whether to allow citizen participation at its meetings. A governmental body does not violate the open meetings law by refusing to permit citizens to speak at its meetings or by limiting the degree to which citizens participate. 1997 Wisconsin Act 123, effective May 2, 1998, created Wis. Stat. §§ 19.83(2) and 19.84(2) to allow governmental bodies to receive information from members of the public if the public notice of the meeting designates a period of public comment. The new law also allows a governmental body to discuss, but not to act on, any matter raised by the public during a comment period. Although discussion of a general public comment item is permissible, it is advisable to defer extensive discussion and action on such an item until specific notice of the subject matter of the proposed action can be given. A frequently asked question concerns who may attend the closed session meetings of a governmental body. In general, the open meetings law gives wide discretion to a governmental body to admit to a closed session anyone whose presence the body determines is necessary for the consideration of the matter that is the subject of the meeting. Correspondence, December 15, 1988. If the governmental body is a subunit of a parent body, the subunit must allow members of the parent body to attend its open session and closed session meetings, unless the rules of the parent body or subunit provides otherwise. Wis. Stat. § 19.89. Where enough non-members of a subunit attend the subunit’s meetings that a quorum of the parent body is present, a meeting of the parent body occurs, and the notice requirements of Wis. Stat. § 19.84 apply. Badke, 173 Wis. 2d at 579. 4. Minutes of meetings and recording of votes The open meetings law does not require a governmental body to take detailed minutes of its meetings. Other statutes, however, may impose detailed minute-taking requirements. I-20-89, March 8, 1989. See, e.g., Wis. Stat. §§ 61.25(3) (village clerk); 62.09(11)(b) (city clerk); and 59.23(2)(a) (county clerk). It does require a governmental body keep a record of the motions and roll call votes at each meeting of the body. Wis. Stat. § 19.88(3). The recordkeeping requirement can be satisfied if the motions and roll-call votes are recorded and preserved on a tape recording. I-95-89, November 13, 1989. If a member of a governmental body requests that the vote of each member on a particular matter be recorded, a voice vote or a vote by a show of hands is not permissible unless the vote is unanimous and the minutes reflect who is present for the vote. I-95-89, November 13, 1989. The requirement applies to both open and closed session meetings. No secret ballot may be used to determine any election or decision of a governmental body, except the election of officers of a body. Wis. Stat. § 19.88(1). For example, a body cannot vote by secret ballot to fill a vacancy on a city council, 65 Op. Att’y Gen. 131 (1976). IV. WHEN IS IT PERMISSIBLE TO CONVENE IN CLOSED SESSION? Every meeting of a governmental body must initially be convened in open session. All business of any kind, formal or informal, must be initiated, discussed and acted upon in open session unless one of the 10-16 exemptions in Wis. Stat. § 19.85(1) applies. Wis. Stat. § 19.83. A. Authorized Closed Sessions Wisconsin Stat. § 19.85(1) contains thirteen exemptions to the open session requirement which permit, but do not require, a governmental body to convene in closed session. Because the law is designed to provide the public with the most complete information possible regarding the affairs of government, exemptions should be strictly construed. State ex rel. Hodge v. Turtle Lake, 180 Wis. 2d 62, 71, 508 N.W.2d 603 (1993). The policy of the open meetings law dictates that the exemptions be invoked sparingly and only where necessary to protect the public interest. If there is any doubt as to whether closure is permitted under a given exemption, the governmental body should hold the meeting in open session. See 74 Op. Att’y Gen. 70, 73 (1985). The following are some of the most frequently cited exemptions. 1. Judicial or quasi-judicial hearings Wisconsin Stat. § 19.85(1)(a) authorizes a closed session for “[d]eliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body.” In order for this exemption to apply, there must be a “case” that is the subject of a quasi-judicial proceeding. Turtle Lake, 180 Wis. 2d at 72. The Wisconsin Supreme Court held that “case” contemplates a controversy among parties that are adverse to one another; it does not include a mere request for a permit. Id. at 74. Examples of governmental bodies that consider “cases” and thus can convene in closed session under Wis. Stat. § 19.85(1)(a), where appropriate, include the Wisconsin Employment Relations Commission, 68 Op. Att’y Gen. 171 (1979), boards of zoning appeals, State ex rel. Cities S. O. Co. v. Bd. of Appeals, 21 Wis. 2d 516, 537, 124 N.W.2d 809 (1963), and other zoning appeals bodies. Accord, Dolphin v. Board of Review, 70 Wis. 2d 403, 411-13, 234 N.W.2d 277 (1975). Boards of review cannot use the exemption of Wis. Stat. § 19.85(1)(a) to close any meeting. Wis. Stat. § 70.47(2m). See 65 Op. Att’y Gen. 162, 162 (1976); cf. Dolphin, 70 Wis. 2d at 413. 2. Employment and licensing matters a. Consideration of dismissal, demotion, discipline, licensing and tenure Two of the statutory exemptions to the open session requirement relate specifically to employment or licensing of an individual. The first, Wis. Stat. § 19.85(1)(b), authorizes a closed session for: Considering dismissal, demotion, licensing or discipline of any public employe or person licensed by a board or commission or the investigation of charges against such person, or considering the grant or denial of tenure for a university faculty member, and the taking of formal action on any such matter .... This section explicitly provides that a governmental body may not convene in closed session under this exemption unless the body gives the public employee, person licensed, or faculty member actual notice of any evidentiary hearing and any meeting at which final action may be taken. The notice must state that the person has a right to request that any such hearing or meeting be held in open session. If the person requests an open session, the governmental body may not convene in closed session under Wis. Stat. § 19.85(1)(b) to conduct an evidentiary hearing or take final action. Wis. Stat. § 19.85(1)(b). Evidentiary hearings may be required by statute, ordinance or rule, by collective bargaining agreement, or by circumstances in which the employee or licensee is the subject of charges that might damage the person’s good name, reputation, honor or integrity, or where the government body’s action might impose substantial stigma or disability upon the person. 66 Op. Att’y Gen. 211, 214 (1977). Evidentiary hearings are 10-17 characterized by the formal examination of charges by the taking of testimony, and receiving evidence in support or in defense of specific charges that may have been made. 66 Op. Att’y Gen. at 214 (1977). In State ex rel. Epping v. City of Neillsville, 218 Wis. 2d 516, 581 N.W.2d 548 (Ct. App. 1998), the court of appeals held that Wis. Stat. § 19.85(1)(b) did not require the city to give Epping specific notice of the closed session meetings at which the common council discussed his performance pursuant to Wis. Stat. § 19.85(1)(c) because no final action took place during those closed sessions. Instead, the common council reconvened in open session after the closed session, and voted to terminate Epping’s employment. Nothing in Wis. Stat. § 19.85(1) permits a person who is not a member of the governmental body to demand that the body meet in closed session. The Wisconsin Court of Appeals held that a governmental body was not required to comply with a public employee’s request that the body convene in closed session to vote on the employee’s dismissal. State ex rel. Schaeve, 125 Wis. 2d at 40. b. Consideration of employment, promotion, compensation and performance evaluations The second exemption which relates to employment matters authorizes a closed session for “[c]onsidering employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility.” Wis. Stat. § 19.85(1)(c). The Attorney General has interpreted this exemption to extend to public officers, such as a police chief, who the governmental body has jurisdiction to employ. Correspondence, September 20, 1982. The Attorney General has also concluded that this exemption is sufficiently broad to authorize convening in closed session to interview and consider applicants for positions of employment. Correspondence, September 20, 1982. An elected official is not considered a “public employe over which the governmental body has jurisdiction or exercises responsibility.” Thus, Wis. Stat. § 19.85(1)(c) does not authorize a county board to convene in closed session to consider appointments of county board members to a county board committee. 76 Op. Att’y Gen. 276 (1987). Similarly, the exemption does not authorize a school board to convene in closed session to select a person to fill a vacancy on the school board. 74 Op. Att’y Gen. at 72 (1985). Nor does the exemption authorize a county board or a board committee to convene in closed session for the purposes of screening and interviewing applicants to fill a vacancy in the elected office of county clerk. Correspondence, June 13, 2003. The language of the exemption refers to a “public employe” rather than to positions of employment in general. The apparent purpose of the exemption is to protect individual employees from having their actions and abilities discussed in public and to protect governmental bodies “from potential lawsuits resulting from open discussion of sensitive information.” Oshkosh Northwestern Co. v. Oshkosh Library Bd., 125 Wis. 2d 480, 486, 373 N.W.2d 459 (Ct. App. 1985). It is not the purpose of the exemption to protect a governmental body when it discusses general policies that do not involve identifying specific employees. See 80 Op. Att’y Gen. 176, 177-78 (1992). Thus, Wis. Stat. § 19.85(1)(c) authorizes a closed session to discuss the qualifications of and salary to offer a specific applicant but does not authorize a closed session to discuss the qualifications and salary range for the position in general. 80 Op. Att’y Gen. at 178-82 (1992). The section authorizes closure to determine increases in compensation for specific employees, 67 Op. Att’y Gen. 117, 118 (1978). Similarly, Wis. Stat. § 19.85(1)(c) authorizes closure to determine which employees to lay off, or whether to non-renew an employee’s contract at the expiration of the contract term, see 66 Op. Att’y Gen. at 213 (1977), but not to determine whether to reduce or increase staffing, in general. 3. Consideration of financial, medical, social or personal information 10-18 The exemption in Wis. Stat. § 19.85(1)(f) authorizes a closed session for: Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where par. (b) applies which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations. An example is where a state employee was alleged to have violated a state law. See Wis. State Journal v. U.W. Platteville, 160 Wis. 2d 31, 38, 465 N.W.2d 266 (Ct. App. 1990). This exemption is not limited to considerations involving public employees. For example, the Attorney General concluded that, in an exceptional case, a school board could convene in closed session under the exemption to interview a candidate to fill a vacancy on the school board if information is expected to damage a reputation, however, the vote should be in open session. 74 Op. Att’y Gen. at 72 (1985). At the same time, the Attorney General cautioned that the exemption in Wis. Stat. § 19.85(1)(f) is extremely limited. It applies only where a member of a governmental body has actual knowledge of information that will have a substantial adverse effect on the person mentioned or involved. Moreover, the exemption authorizes closure only for the duration of the discussions about the information specified in Wis. Stat. § 19.85(1)(f). Thus, the exemption would not authorize a school board to actually appoint a new member to the board in closed session. 74 Op. Att’y Gen. at 72 (1985). 4. Conducting public business with competitive or bargaining implications A closed session is authorized for “[d]eliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session.” Wis. Stat. § 19.85(1)(e). This exemption is not limited to deliberating or negotiating the purchase of public property or the investing of public funds. For example, the Attorney General has determined that the exemption authorized a school board to convene in closed session to develop negotiating strategies for collective bargaining. 66 Op. Att’y Gen. at 96 (1977). (The opinion advised that governmental bodies that are not formed exclusively for collective bargaining comply with the open meetings law when meeting for the purpose of developing negotiating strategy.) Governmental officials must keep in mind, however, that this exemption applies only when “competitive or bargaining reasons require a closed session.” Wis. Stat. § 19.85(1)(e). The exemption is restrictive rather than expansive. Mere inconvenience, delay, embarrassment, frustration or even speculation as to the probability of success would be an insufficient basis to close a meeting. By using the word “require,” the Legislature placed a strong burden on a governmental body considering whether to close a meeting. Correspondence, February 12, 1979. The “competitive or bargaining reasons” exemption permits closed session discussion in situations where the discussion will directly and substantially affect negotiations with a party, but not where the discussions might be one of several factors that indirectly influence the outcome of negotiations with a third party. Correspondence, March 24, 1992. Once a governmental body’s bargaining team has reached a tentative agreement, the discussion whether the body should ratify the agreement should be conducted in open session. 81 Op. Att’y Gen. 139, 141 (1994). 5. Conferring with legal counsel with respect to litigation The exemption in Wis. Stat. § 19.85(1)(g) authorizes a closed session for “[c]onferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.” The presence of the governmental body’s legal counsel is not, in itself, sufficient reason to authorize closure under this exemption. The exemption applies only if the legal counsel is rendering advice on strategy to adopt for litigation in which the governmental body is or is likely to become involved. There is no clear-cut standard for determining whether a governmental body is “likely” to become 10-19 involved in litigation. Members of a governmental body should rely on the body’s legal counsel for advice on whether litigation is sufficiently “likely” to authorize a closed session under Wis. Stat. § 19.85(1)(g). 6. Remaining exemptions The remaining exemptions in Wis. Stat. § 19.85(1) authorize closure for: 1 Considering applications for probation or parole, or considering strategy for crime detection or prevention. Wis. Stat. § 19.85(1)(d). 2 Specified deliberations by the state council on unemployment insurance and the state council on worker’s compensation. Wis. Stat. § 19.85(1)(ee) and (eg). 3 Specified deliberations involving the location of a burial site. Wis. Stat. § 19.85(1)(em). 4 Consideration of requests for confidential written advice from an ethics board. Wis. Stat. § 19.85(1)(h). 5 Considering specified matters related to a business ceasing its operations or laying off employees. Wis. Stat. § 19.85(1)(i). 6 Considering specified financial information relating to the support of a nonprofit corporation operating an ice rink owned by the state. Wis. Stat. § 19.85(1)(j). 2 B. Notice Of Closed Session The notice provision in Wis. Stat. § 19.84(2) requires that, if the chief presiding officer of a governmental body is aware that a closed session is contemplated at the time he or she gives public notice of the meeting, the notice must contain the subject matter of the closed session. 3 If the chief presiding officer was not aware of a contemplated closed session at the time he or she gave notice of the meeting, that does not foreclose a governmental body from going into closed session under Wis. Stat. § 19.85(1) to discuss an item contained in the notice for the open session. 66 Op. Att’y Gen. 106, 108 (1977). In both cases, a governmental body must follow the procedure set forth in Wis. Stat. § 19.85(1) before going into closed session. C. Voting In An Authorized Closed Session The Wisconsin Supreme Court has held that Wis. Stat. § 14.90 (1959), a predecessor to the current open meetings law, authorized a governmental body to vote in closed session on matters that were the legitimate subject of deliberation in closed session. State ex rel. Cities S. O. Co., 21 Wis. 2d at 538. The supreme court reasoned that “voting is an integral part of deliberating and merely formalizes the result reached in the deliberating process.” State ex rel. Cities S. O. Co., 21 Wis. 2d at 539. In State ex rel. Schaeve, 125 Wis. 2d at 53, the court of appeals commented on the propriety of voting in closed session under the current open meetings law. The court indicated that a governmental body must vote in open session unless an exemption in Wis. Stat. § 19.85(1) expressly authorizes voting in closed session. Id. The court’s statement was not essential to its holding and it is unclear whether the supreme court would adopt a similar interpretation of the current open meetings law. 2 For more detailed information on these exemptions, consult the text of Wis. Stat. § 19.85(1), which appears in Appendix A. 3 See section III.A.2.b. of this guide for information on how to comply with this requirement. Given this uncertainty, the Attorney General advises that a governmental body vote in open session, unless the vote is clearly an integral part of deliberations authorized to be conducted in closed session under Wis. Stat. § 19.85(1). Stated another way, a governmental body should vote in open session, unless doing so would compromise the need for the closed session. Accord, Epping, 218 Wis. 2d at 524 n.4 (even if 10-20 deliberations were conducted in an unlawful closed session, a subsequent vote taken in open session could not be voided). None of the exemptions in Wis. Stat. § 19.85(1) authorize a governmental body to consider in closed session the ratification or final approval of a collective bargaining agreement negotiated by or for the body. Wis. Stat. § 19.85(3); 81 Op. Att’y Gen. 139 (1994). D. Procedure For Convening In Closed Session Every meeting of a governmental body must initially be convened in open session. Wis. Stat. §§ 19.83 and 19.85(1). Before convening in closed session, the governmental body must follow the procedure set forth in Wis. Stat. § 19.85(1) which requires that the governmental body pass a motion, by recorded majority vote, to convene in closed session. If a motion is unanimous, there is no requirement to record the votes individually. State ex rel. Schaeve, 125 Wis. 2d at 51. Before the governmental body votes on the motion, the chief presiding officer must announce and record in open session the nature of the business to be discussed and the specific statutory exemption which is claimed to authorize the closed session. 66 Op. Att’y Gen. at 97-98 (1977). Stating the statute section number of the applicable exemption is not sufficient because most exemptions contain a number of subjects within the exemption. Some specificity is needed in describing the subject matter of the contemplated closed meeting so that the members of the governmental body can intelligently vote on the motion to close the meeting. Correspondence, June 29, 1977. The governmental body must limit its discussion in closed session to the business specified in the announcement. E. Reconvening In Open Session A governmental body may not commence a meeting, convene in closed session and subsequently reconvene in open session within twelve hours after completion of a closed session, unless public notice of the subsequent open session is given “at the same time and in the same manner” as the public notice of the prior open session. Wis. Stat. § 19.85(2). The notice need not specify the time the governmental body expects to reconvene in open session if the body plans to reconvene immediately following the closed session. If the notice does specify the time, the body must wait until that time to reconvene in open session. V. WHO ENFORCES THE OPEN MEETINGS LAW AND WHAT ARE ITS PENALTIES? A. Enforcement Both the Attorney General and the district attorneys have authority to enforce the open meetings law. Wis. Stat. § 19.97(1). In most cases, enforcement at the local level has the greatest chance of success due to the need for intensive factual investigation, the district attorneys’ familiarity with the local rules of procedure and the need to assemble witnesses and material evidence. 65 Op. Att’y Gen. Preface at ii (1976). A district attorney has authority to enforce the open meetings law only after an individual files a verified open meetings law complaint with the district attorney. See Wis. Stat. § 19.97(1). Actions to enforce the open meetings law need not be preceded by a notice of claim. State ex rel. Auchinleck v. Town of LaGrange, 200 Wis. 2d 585, 594-97, 547 N.W.2d 587 (1996). The complaint must be signed 4 by the individual and notarized. The district attorney has broad prosecutorial discretion. State v. Karpinski, 92 Wis. 2d 599, 607, 285 N.W.2d 729 (1979). 4 A model complaint appears in Appendix B. If the district attorney refuses to commence an open meetings law enforcement action or otherwise fails 10-21 to act within twenty days of receiving a complaint, the individual who filed the complaint has a right to bring an action, in the name of the state, to enforce the open meetings law. Wis. Stat. § 19.97(4). See also Fabyan v. Achtenhagen, 2002 WI App 214, 257 Wis. 2d 310, ¶¶ 10-13, 652 N.W.2d 649 (complaint under Wis. Stat. § 19.97 must be brought in the name of and on behalf of the state; i.e., the caption must bear the title “State ex rel. . . ,” or the court lacks competency to proceed). If the individual prevails, the court is authorized to award the person the actual and necessary costs of prosecution, including reasonable attorney fees. Under certain circumstances, the Attorney General may elect to prosecute complaints involving a matter of statewide concern. Court proceedings to enforce the open meetings law must be commenced within two years after the cause of action accrues, or the proceedings will be barred. State ex rel. Leung v. City of Lake Geneva, 2003 WI App 129, ___Wis. 2d ___, ¶ 6, 666 N.W.2d 104. B. Penalties Any member of a governmental body who “knowingly” attends a meeting held in violation of the open meetings law, or otherwise violates the law, is subject to a forfeiture of between $25 and $300 for each violation. Wis. Stat. § 19.96. Any forfeiture obtained in an action brought by the district attorney is awarded to the county. Wis. Stat. § 19.97(1). Any forfeiture obtained in an action brought by the Attorney General or a private citizen is awarded to the state. Wis. Stat. § 19.97(1), (2) and (4). The Wisconsin Supreme Court has defined “knowingly” as not only positive knowledge of the illegality of a meeting, but also awareness of the high probability of the meeting’s illegality or conscious avoidance or awareness of the illegality. Swanson, 92 Wis. 2d at 319. The court also held that knowledge is not required to impose forfeitures on an individual for violating the open meetings law by means other than attending a meeting held in violation of the law. Examples of “other violations” are failing to give the required public notice of a meeting or failing to follow the procedure for closing a session. Swanson, 92 Wis. 2d at 321. A member of a governmental body who is charged with knowingly attending a meeting held in violation of the law may raise one of two defenses: (1) that the member made or voted in favor of a motion to prevent the violation or (2) that the member’s votes on all relevant motions prior to the violation were inconsistent with the cause of the violation. Wis. Stat. § 19.96. A member who is charged with a violation other than knowingly attending a meeting held in violation of the law may be permitted to raise the additional statutory defense that the member did not act in his or her official capacity. In addition, in Swanson, 92 Wis. 2d at 319, and Turtle Lake, 180 Wis. 2d at 80, the supreme court intimated that a member of a governmental body can avoid liability if he or she can factually prove that he or she relied, in good faith and in an open and unconcealed manner, on the advice of counsel whose statutory duties include the rendering of legal opinions as to the actions of the body. See State v. Tereschko, 2001 WI App 146, 246 Wis.2d 671, ¶¶ 9-10, 630 N.W.2d 277 (unpublished opinion declining to find a knowing violation where school board members relied on the advice of counsel in going into closed session); State v. Davis, 63 Wis. 2d 75, 82, 216 N.W.2d 31 (1974) (interpreting Wis. Stat. § 946.13(1) (private interest in public contract). Cf. Journal/Sentinel v. Shorewood School Bd., 186 Wis. 2d 443, 452-55, 521 N.W.2d 165 (Ct. App. 1994) (school board may not avoid duty to provide public records by delegating the creation and custody of the record to its attorneys). A governmental body may not reimburse a member for a forfeiture incurred as a result of a violation of the law, unless the enforcement action involved a real issue as to the constitutionality of the open meetings law. 66 Op. Att’y Gen. 226 (1977). Although it is not required to do so, a governmental body may reimburse a member for his or her reasonable attorney fees in defending against an enforcement action and for any plaintiff’s attorney fees that the member is ordered to pay. The city attorney may represent city officials in open meetings law enforcement actions. 77 Op. Att’y Gen. 177, 180 (1988). In addition to the forfeiture penalty, Wis. Stat. § 19.97(3) provides that a court may void any action taken at a meeting held in violation of the open meetings law if the court finds that the interest in enforcing the law outweighs any interest in maintaining the validity of the action. Thus, in Turtle Lake, 180 Wis. 2d at 75-76, the court voided the Town Board’s denial of a permit, taken after an unauthorized closed session deliberation about whether to grant or deny the permit. Cf. Epping, 218 Wis. 2d 524 n.4 (arguably unlawful closed session 10-22 deliberation does not provide basis for voiding subsequent open session vote; State ex rel. Ward v. Town of Nashville, 2001 WI App 224, 247 Wis. 2d 988, ¶ 30, 635 N.W.2d 26 (unpublished opinion declining to void an agreement made in open session, where the agreement was the product of three years of unlawfully closed meetings). A court may award any other appropriate legal or equitable relief, including declaratory and injunctive relief. Wis. Stat. § 19.97(2). In enforcement actions seeking forfeitures, the provisions of the open meetings law must be narrowly construed due to the penal nature of forfeiture. In all other actions, the provisions of the law must be liberally construed to ensure the public’s right to “the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business.” Wis. Stat. § 19.81(1) and (4). Thus, it is advisable to prosecute forfeiture actions separately from actions seeking other types of relief under the open meetings law. CONCLUSION In this handbook, the Attorney General’s Office has outlined the provisions of the open meetings law to serve as an informational resource for members of the public and government officials. Questions which remain after thorough examination of the handbook may be answered by direct consultation of the open meetings statutes, case law, opinions of the Attorney General and by conferring with attorneys for governmental bodies. In addressing such questions, keep in mind the policy of broadly construing the open meetings law in favor of openness. In the rare instance where a question cannot be resolved in this manner, written requests for advice also may be made to the Attorney General’s Office for an interpretation of the statutes. Wis. Stat. § 19.98. 10-23 APPENDIX A OPEN MEETINGS LAW Wis. Stat. §§ 19.81 - 19.98 (1999-2000) 10-24 SUBCHAPTER V OPEN MEETINGS OF GOVERNMENTAL BODIES 19.81 Declaration of policy. (1) In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business. (2) To implement and ensure the public policy herein expressed, all meetings of all state and local governmental bodies shall be publicly held in places reasonably accessible to members of the public and shall be open to all citizens at all times unless otherwise expressly provided by law. (3) In conformance with article IV, section 10, of the constitution, which states that the doors of each house shall remain open, except when the public welfare requires secrecy, it is declared to be the intent of the legislature to comply to the fullest extent with this subchapter. (4) This subchapter shall be liberally construed to achieve the purposes set forth in this section, and the rule that penal statutes must be strictly construed shall be limited to the enforcement of forfeitures and shall not otherwise apply to actions brought under this subchapter or to interpretations thereof. 19.82 Definitions. As used in this subchapter: (1) “Governmental body” means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV or V of ch. 111. (2) ”Meeting” means the convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If one-half or more of the members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this subchapter, any gathering of the members of a town board for the purpose specified in s. 60.50(6), any gathering of the commissioners of a town sanitary district for the purpose specified in s. 60.77(5)(k) or any gathering of the members of a drainage board created under 10-25 s. 88.16, 1991 stats., or under s. 88.17, for a purpose specified in s. 88.065(5)(a). (3) ”Open session” means a meeting which is held in a place reasonably accessible to members of the public and open to all citizens at all times. In the case of a state governmental body, it means a meeting which is held in a building and room thereof which enables access by persons with functional limitations, as defined in s. 101.13(1). 19.83 Meetings of governmental bodies. (1) Every meeting of a governmental body shall be preceded by public notice as provided in s. 19.84, and shall be held in open session. At any meeting of a governmental body, all discussion shall be held and all action of any kind, formal or informal, shall be initiated, deliberated upon and acted upon only in open session except as provided in s. 19.85. (2) During a period of public comment under s. 19.84 (2), a governmental body may discuss any matter raised by the public. 19.84 Public notice. (1) Public notice of all meetings of a governmental body shall be given in the following manner: (a) As required by any other statutes; and (b) By communication from the chief presiding officer of a governmental body or such person’s designee to the public, to those news media who have filed a written request for such notice, and to the official newspaper designated under ss. 985.04, 985.05 and 985.06 or, if none exists, to a news medium likely to give notice in the area. (2) Every public notice of a meeting of a governmental body shall set forth the time, date, place and subject matter of the meeting, including that intended for consideration at any contemplated closed session, in such form as is reasonably likely to apprise members of the public and the news media thereof. The public notice of a meeting of a governmental body may provide for a period of public comment, during which the body may receive information from members of the public. (3) Public notice of every meeting of a governmental body shall be given at least 24 hours prior to the commencement of such meeting unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no case may the notice be provided less than 2 hours in advance of the meeting. (4) Separate public notice shall be given for each meeting of a governmental body at a time and date reasonably proximate to the time and date of the meeting. (5) Departments and their subunits in any university of Wisconsin system institution or campus and a nonprofit corporation operating the Olympic ice training center under s. 42.11(3) are exempt from the requirements of subs. (1) to (4) but shall provide meeting notice which is reasonably likely to apprise interested persons, and news media who have 10-26 filed written requests for such notice. (6) Notwithstanding the requirements of s. 19.83 and the requirements of this section, a governmental body which is a formally constituted subunit of a parent governmental body may conduct a meeting without public notice as required by this section during a lawful meeting of the parent governmental body, during a recess in such meeting or immediately after such meeting for the purpose of discussing or acting upon a matter which was the subject of that meeting of the parent governmental body. The presiding officer of the parent governmental body shall publicly announce the time, place and subject matter of the meeting of the subunit in advance at the meeting of the parent body. 19.85 Exemptions. (1) Any meeting of a governmental body, upon motion duly made and carried, may be convened in closed session under one or more of the exemptions provided in this section. The motion shall be carried by a majority vote in such manner that the vote of each member is ascertained and recorded in the minutes. No motion to convene in closed session may be adopted unless the chief presiding officer announces to those present at the meeting at which such motion is made, the nature of the business to be considered at such closed session, and the specific exemption or exemptions under this subsection by which such closed session is claimed to be authorized. Such announcement shall become part of the record of the meeting. No business may be taken up at any closed session except that which relates to matters contained in the chief presiding officer’s announcement of the closed session. A closed session may be held for any of the following purposes. (a) Deliberating concerning a case which was the subject of any judicial or quasijudicial trial or hearing before that governmental body. (b) Considering dismissal, demotion, licensing or discipline of any public employe or person licensed by a board or commission or the investigation of charges against such person, or considering the grant or denial of tenure for a university faculty member, and the taking of formal action on any such matter; provided that the faculty member or other public employe or person licensed is given actual notice of any evidentiary hearing which may be held prior to final action being taken and of any meeting at which final action may be taken. The notice shall contain a statement that the person has the right to demand that the evidentiary hearing or meeting be held in open session. This paragraph and par. (f) do not apply to any such evidentiary hearing or meeting where the employe or person licensed requests that an open session be held. (c) Considering employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility. (d) Except as provided in s. 304.06 (1) (eg) and by rule promulgated under s. 304.06 (1) (em), considering specific applications of probation, extended supervision or parole, or considering strategy for crime detection or prevention. (e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons 10-27 require a closed session. (ee) Deliberating by the council on unemployment insurance in a meeting at which all employer members of the council or all employee members of the council are excluded. (eg) Deliberating by the council on worker’s compensation in a meeting at which all employer members of the council or all employe members of the council are excluded. (em) Deliberating under s. 157.70 if the location of a burial site, as defined in s. 157.70(1)(b), is a subject of the deliberation and if discussing the location in public would be likely to result in disturbance of the burial site. (f) Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where par. (b) applies which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations. (g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. (h) Consideration of requests for confidential written advice from the ethics board under s. 19.46(2), or from any county or municipal ethics board under s. 19.59(5). (i) Considering any and all matters related to acts by businesses under s. 560.15 which, if discussed in public, could adversely affect the business, its employes or former employes. (j) Considering financial information relating to the support by a person, other than an authority, of a nonprofit corporation operating the Olympic ice training center under s. 42.11(3), if the information is exempt from disclosure under s. 42.115 or would be so exempt were the information to be contained in a record. In this paragraph, “authority” and “record” have the meanings given under s. 19.32. (2) No governmental body may commence a meeting, subsequently convene in closed session and thereafter reconvene again in open session within 12 hours after completion of the closed session, unless public notice of such subsequent open session was given at the same time and in the same manner as the public notice of the meeting convened prior to the closed session. (3) Nothing in this subchapter shall be construed to authorize a governmental body to consider at a meeting in closed session the final ratification or approval of a collective bargaining agreement under subch. I, IV or V of ch. 111 which has been negotiated by such body or on its behalf. 19.86 Notice of collective bargaining negotiations. Notwithstanding s. 19.82(1), where notice has been given by either party to a collective bargaining agreement under subch. IV or V of ch. 111 to 10-28 reopen such agreement at its expiration date, the employer shall give notice of such contract reopening as provided in s. 19.84(1)(b). If the employer is not a governmental body, notice shall be given by the employer’s chief officer or such person’s designee. This section does not apply to a nonprofit corporation operating the Olympic ice training center under s. 42.11(3). 19.87 Legislative meetings. This subchapter shall apply to all meetings of the senate and assembly and the committees, subcommittees and other subunits thereof, except that: (1) Section 19.84 shall not apply to any meeting of the legislature or a subunit thereof called solely for the purpose of scheduling business before the legislative body; or adopting resolutions of which the sole purpose is scheduling business before the senate or the assembly. (2) No provision of this subchapter which conflicts with a rule of the senate or assembly or joint rule of the legislature shall apply to a meeting conducted in compliance with such rule. (3) No provision of this subchapter shall apply to any partisan caucus of the senate or any partisan caucus of the assembly, except as provided by legislative rule. (5) Sections 893.80 and 893.82 do not apply to actions commenced under this section. (4) Meetings of the senate or assembly committee on organization under s. 71.78(4)(c) or 77.61(5)(b)3 shall be closed to the public. 19.88 Ballots, votes and records. (1) Unless otherwise specifically provided by statute, no secret ballot may be utilized to determine any election or other decision of a governmental body except the election of the officers of such body in any meeting. (2) Except as provided in sub. (1) in the case of officers, any member of a governmental body may require that a vote be taken at any meeting in such manner that the vote of each member is ascertained and recorded. (3) The motions and roll call votes of each meeting of a governmental body shall be recorded, preserved and open to public inspection to the extent prescribed in subch. II of ch. 19. 19.89 Exclusion of members. No duly elected or appointed member of a governmental body may be excluded from any meeting of such body. Unless the rules of a governmental body provide to the contrary, no member of the body may be excluded from any meeting of a subunit of that governmental body. 19.90 Use of equipment in open session. Whenever a governmental body holds a meeting in open session, the body shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting. This section does not permit recording, filming or photographing such a 10-29 meeting in a manner that interferes with the conduct of the meeting or the rights of the participants. 19.96 Penalty. Any member of a governmental body who knowingly attends a meeting of such body held in violation of this subchapter, or who, in his or her official capacity, otherwise violates this subchapter by some act or omission shall forfeit without reimbursement not less than $25 nor more than $300 for each such violation. No member of a governmental body is liable under this subchapter on account of his or her attendance at a meeting held in violation of this subchapter if he or she makes or votes in favor of a motion to prevent the violation from occurring, or if, before the violation occurs, his or her votes on all relevant motions were inconsistent with all those circumstances which cause the violation. 19.97 Enforcement. (1) This subchapter shall be enforced in the name and on behalf of the state by the attorney general or, upon the verified complaint of any person, by the district attorney of any county wherein a violation may occur. In actions brought by the attorney general, the court shall award any forfeiture recovered together with reasonable costs to the state; and in actions brought by the district attorney, the court shall award any forfeiture recovered together with reasonable costs to the county. (2) In addition and supplementary to the remedy provided in s. 19.96, the attorney general or the district attorney may commence an action, separately or in conjunction with an action brought under s. 19.96, to obtain such other legal or equitable relief, including but not limited to mandamus, injunction or declaratory judgment, as may be appropriate under the circumstances. (3) Any action taken at a meeting of a governmental body held in violation of this subchapter is voidable, upon action brought by the attorney general or the district attorney of the county wherein the violation occurred. However, any judgment declaring such action void shall not be entered unless the court finds, under the facts of the particular case, that the public interest in the enforcement of this subchapter outweighs any public interest which there may be in sustaining the validity of the action taken. (4) If the district attorney refuses or otherwise fails to commence an action to enforce this subchapter within 20 days after receiving a verified complaint, the person making such complaint may bring an action under subs. (1) to (3) on his or her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees to the relator if he or she prevails, but any forfeiture recovered shall be paid to the state. (5) Sections 893.80 and 893.82 do not apply to actions commenced under this section. 19.98 Interpretation by attorney general. Any person may request advice from the attorney general as to the applicability of this subchapter under any circumstances. 10-30 APPENDIX B SAMPLE OPEN MEETINGS LAW COMPLAINT FORM 10-31 VERIFIED OPEN MEETINGS LAW COMPLAINT Now comes the complainant and as and for a verified complaint pursuant to Wis. Stat. §§ 19.96 and 19.97, alleges and complains as follows: 1 That he is a resident of the [town, village, city] of , Wisconsin, and that his or her Post Office Address is [street, avenue, etc.] , Wisconsin [zip]. 2 That [name of member or chief presiding officer] whose Post Office Address is ___________________________ [street, avenue, etc.], [city], Wisconsin, was on the day of 200_, a [member or chief presiding officer] of ________________________________ designate official title of governmental body] and that such ____________________ [board, council, commission or committee] is a governmental body within the meaning of Wis. Stat. § 19.82(1). 3 That [name of member or chief presiding officer] on the day of ___________________________, 200 , at County of , Wisconsin, knowingly attended a meeting of said governmental body held in violation of Wis. Stat. § 19.96 and _________________________________________ [cite other applicable section(s)], or otherwise violated those sections in that [set out every act or omission constituting the offense charged]: 4. That [name of member or chief presiding officer] is thereby subject to the penalties prescribed in Wis. Stat. § 19.96. 3 That the following witnesses can testify to said acts or omissions: Name Address Telephone 3 That the following documentary evidence of said acts or omissions is available: 7. That this complaint is made to the District Attorney for County under the provisions of Wis. Stat. § 19.97, and that the district attorney may bring an action to recover the forfeiture provided in Wis. Stat. § 19.96. WHEREFORE, complainant prays that the District Attorney for institute an action against County, Wisconsin, timely [name of member or chief presiding officer] to recover the forfeiture provided in Wis. Stat. § 19.96, together with reasonable costs and disbursements as provided by law. STATE OF WISCONSIN ) ) ss. COUNTY OF ) being first duly sworn on oath deposes and says that he is the abovenamed complainant, that he has read the foregoing complaint and that, based on his or her knowledge, the contents of the complaint are true. COMPLAINANT Subscribed and sworn to before me this ____ day of _________, 200_. Notary Public, State of Wisconsin My Commission: ______________ 10-32 REFERENCE MATERIALS: CASES, OPINIONS, CORRESPONDENCE AND STATUTES CITED 10-33 REFERENCE MATERIALS: CASES, OPINIONS, CORRESPONDENCE AND STATUTES CITED CASES CITED Dolphin v. Board of Review, 70 Wis. 2d 403, 234 N.W.2d 277 (1975) Fabyan v. Achtenhagen, 2002 WI App 214, 257 Wis. 2d 310, 652 N.W.2d 649 Journal/Sentinel v. Shorewood School Bd., 186 Wis. 2d 443, 521 N.W.2d 165 (Ct. App. 1994) Olson v. City of Baraboo, 2002 WI App 64, 252 Wis. 2d 628, 643 N.W.2d 796 Oshkosh Northwestern Co. v. Oshkosh Library Bd., 125 Wis. 2d 480, 373 N.W.2d 459 (Ct. App. 1985) Paulton v. Volkmann, 141 Wis. 2d 370, 415 N.W.2d 528 (Ct. App. 1987) State v. Davis, 63 Wis. 2d 75, 216 N.W.2d 31 (1974) State v. Karpinski, 92 Wis. 2d 599, 285 N.W.2d 729 (1979) State v. Swanson, 92 Wis. 2d 310, 284 N.W.2d 655 (1979) State v. Tereschko, 2001 WI App 146, 246 Wis. 2d 671, 630 N.W.2d 277 (unpublished) State ex rel. Auchinleck v. Town of LaGrange, 200 Wis. 2d 585, 547 N.W.2d 587 (1996) State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 494 N.W.2d 408 (1993) State ex rel. Cities S. O. Co. v. Bd. of Appeals, 21 Wis. 2d 516, 124 N.W.2d 809 (1963) State ex rel. Epping v. City of Neillsville, 218 Wis. 2d 516, 581 N.W.2d 548 (Ct. App. 1998) State ex rel. H.D. Ent. v. City of Stoughton, 230 Wis. 2d 480, 602 N.W.2d 72 (Ct. App. 1999) State ex rel. Hodge v. Turtle Lake, 180 Wis. 2d 62, 508 N.W.2d 603 (1993) State ex rel. Leung v. City of Lake Geneva, 2003 WI App 129, ___Wis. 2d ___, 666 N.W.2d 104. 10-34 State ex rel. Lynch v. Conta, 71 Wis. 2d 662, 239 N.W.2d 313 (1976) State ex rel. Lynch v. Dancey, 71 Wis. 2d 287, 238 N.W.2d 81 (1976) State ex rel. Newspapers v. Showers, 135 Wis. 2d 77, 398 N.W.2d 154 (1987) State ex rel. Schaeve v. Van Lare, 125 Wis. 2d 40, 370 N.W.2d 271 (Ct. App. 1985) State ex rel. Ward v. Town of Nashville, 2001 WI App 224, 247 Wis. 2d 988, 635 N.W.2d 26 (unpublished). Wis. State Journal v. U.W. Platteville, 160 Wis. 2d 31, 465 N.W.2d 266 (Ct. App. 1990) FORMAL ATTORNEY GENERAL OPINIONS ∗ OAG 67-79 (July 31, 1979) 63 Op. Att’y Gen. 509 (1974) 65 Op. Att’y Gen. Preface (1976) 65 Op. Att’y Gen. 131 (1976) 65 Op. Att’y Gen. 162 (1976) 65 Op. Att’y Gen. 243 (1976) 65 Op. Att’y Gen. 250 (1976) 66 Op. Att’y Gen. 60 (1977) 66 Op. Att’y Gen. 68 (1977) 66 Op. Att’y Gen. 93 (1977) 66 Op. Att’y Gen. 106 (1977) 66 Op. Att’y Gen. 113 (1977) 66 Op. Att’y Gen. 143 (1977) 66 Op. Att’y Gen. 211 (1977) 66 Op. Att’y Gen. 226 (1977) 66 Op. Att’y Gen. 230 (1977) 66 Op. Att’y Gen. 237 (1977) 66 Op. Att’y Gen. 318 (1977) 67 Op. Att’y Gen. 117 (1978) 67 Op. Att’y Gen. 125 (1978) 67 Op. Att’y Gen. 250 (1978) 68 Op. Att’y Gen. 171 (1979) 69 Op. Att’y Gen. 143 (1980) 69 Op. Att’y Gen. 251 (1980) 74 Op. Att’y Gen. 38 (1985) 74 Op. Att’y Gen. 70 (1985) 76 Op. Att’y Gen. 276 (1987) 77 Op. Att’y Gen. 177 (1988) 77 Op. Att’y Gen. 312 (1988) 78 Op. Att’y Gen. 67 (1989) 80 Op. Att’y Gen. 129 (1991) 80 Op. Att’y Gen. 176 (1992) 81 Op. Att’y Gen. 139 (1994) ∗ Unpublished opinion 10-35 INFORMAL ATTORNEY GENERAL OPINIONS I-20-89 (March 8, 1989) I-95-89 (November 13, 1989) I-22-90 (April 4, 1990) I-34-90 (May 25, 1990) I-29-91 (October 17, 1991) I-5-93 (April 26, 1993) I-10-93 (October 15, 1993) DEPARTMENT OF JUSTICE CORRESPONDENCE Correspondence, May 25, 1977 Correspondence, June 29, 1977 Correspondence, February 12, 1979 Correspondence, December 2, 1980 Correspondence, February 10, 1981 Correspondence, September 20, 1982 Correspondence, March 17, 1983 Correspondence, June 11, 1984 Correspondence, May 5, 1986 Correspondence, November 4, 1986 Correspondence, November 6, 1986 Correspondence, February 26, 1987 Correspondence, December 15, 1988 Correspondence, May 7, 1991 Correspondence, March 24, 1992 Correspondence, December 20, 1993 Correspondence, September 24, 1998 10-36 Correspondence, February 28, 2000 Correspondence, October 3, 2000 Correspondence, October 17, 2001 Correspondence, July 22, 2002 Correspondence, March 4, 2003 Correspondence, June 13, 2003 STATUTES (OTHER THAN THE OPEN MEETINGS LAW WIS. STAT. CH. 19, SUBCH. V) 1997 Wisconsin Act 123 Wis. Stat. § 62.09(11)(b) Ch. 111 Wis. Stat. § 65.90(4) Ch. 181 Wis. Stat. § 66.30 Wis. Stat. § 14.90 (1959) Wis. Stat. § 66.46(4)(a) Wis. Stat. § 32.08 Wis. Stat. § 66.77(1) (1973) Wis. Stat. § 59.071 Wis. Stat. § 70.47(2m) Wis. Stat. § 59.23(2)(a) Wis. Stat. § 101.13(1) Wis. Stat. § 61.25(3) Wis. Stat. § 946.13(1) 10-37 SECTION 11: TRICARE INDEX SECTION SUBJECT PAGES 1. What is TRICARE 11-1 2. Eligibility/DEERS 11-1 to 11-3 3. TRICARE PROGRAMS 11-3 a. TRICARE PRIME 11-3 and 11-6 b. TRICARE EXTRA 11-3 and 11-7 c. TRICARE STANDARD 11-3 and 11-8 d. TRICARE FOR LIFE 11-3, 11-9 to 11-10 4. Costs to Co-Pays, Catastrophic Cap 11-4 to 11-5 5. Pharmacy Benefits 11-10 to 11-12 6. Retiree Dental 11-13 to 11-14 TRICARE (formerly CHAMPUS) www.tricare.osa.mit/tricarchandbook/ Tricare Management Activity 16401 E. Centretech Parkway Aurora, CO 80011-9043 (303) 676-3400 (303) 676-3526 – Benefit Services What is TRICARE? a. A Department of Defense program- TRICARE is a regionally managed health care program for active duty and retired members of the uniformed services, their families, and survivors. TRICARE brings together the health care resources of the Army, Navy and Air Force and supplements them with networks of civilian health care professionals to provide better access and high quality service while maintaining the capability to support military operations. TRICARE is being implemented throughout the U.S., Europe, Latin America and the Pacific. b. TRICARE is an entitlement as such private health care insurance and MEDICARE pay before TRICARE. Who is Eligible for TRICARE and how does one enroll? Your key to TRICARE eligibility depends on your enrollment in the Defense Enrollment Eligibility Reporting System (DEERS). The DEERS record will indicate the dates of eligibility. All uniformed services sponsors (active, reserve or retired) should ensure that their family status (marriage, death, divorce, new child, etc.) and residential address are current in DEERS at all times. DEERS enrollment and/or updates are completed at uniformed services personnel offices, not TRICARE service centers. For more information about DEERS, contact the Defense Manpower Data Center Support Office (DSO) Telephone Center from 6 a.m. to 5 p.m., Pacific Time, Monday through Friday, at the following toll-free number: 1-800-538-9552. 11-1 Beneficiary Categories of Eligible Beneficiaries: Beneficiary Category Active duty and retired service members Spouses and unmarried children (including stepchildren) of active duty or retired service members Note: Stepchildren lose eligibility after a divorce unless adopted by the sponsor. Description From any of the seven uniformed services Army, Air Force, Navy, Marine Corps, Coast Guard, Public Health Service, or the National Oceanic & Atmospheric Administration. Remain eligible even if parents divorce or remarry. Eligibility ends at age 21 unless the child is a full-time student (validation of student status required) then eligibility ends at age 23 or when the full-time student status ends. . Eligibility may extend past age 21 if the child is incapable of self-support because of a mental or physical incapacity and the condition existed prior to age 21, or if the condition occurred between the ages of 21 and 23 while the child was a full-time student. . Illegitimate children of current or former service members or their spouses may be eligible under certain conditions. • Children placed in the custody of a service member or former member, either by a court or by a recognized adoption agency, in anticipation of legal adoption by the member. Reserve Component members on active duty for more than 30 days under Federal orders Spouses and unmarried children of reserve component service members From any of the seven uniformed services Reserve Component Army, Air Force, Navy, Marine Corps, Coast Guard, Public Health Service, or the National Oceanic & Atmospheric Administration. Retired reserve component service members and their family members Widows or widowers and unmarried children of deceased active duty or retired service members* When the retired reserve component service member is eligible for retirement pay (usually at age 60), the member and his/her eligible family members become TRICARE eligible. Medal of Honor recipients and their family members Any service member who has been awarded the Medal of Honor, his/her eligible family members and widows are eligible for medical and dental benefits under TRICARE. Certain eligible former spouses of active duty or retired service members • Must not have remarried. (If they remarry, the loss of benefits remains applicable even if remarriage ends in death or divorce) . Starting Oct. 1, 2003, eligibility and medical records will be listed under former spouse's own Social Security Number - not their sponsor's. • Must not be covered by an employer-sponsored health plan. • Must not be the former spouse of a North Atlantic Treaty Organization (NATO) or "Partners for Peace" (PFP) nation member. • Must meet the requirements of one of the following three situations: • Covered while reserve component sponsor is on active duty for more than 30 consecutive days. • Covered if reserve sponsor was injured or dies during, or on the way to or from, active-duty training for a period of 30 days or less. • Are eligible as family members of deceased member if sponsor was serving or was ordered to active duty for more than 30 days at time of death. . Claims will be cost-shared at the active duty family member rate for three years after death of active duty sponsor, and thereafter at the retiree rate. • Widows or widowers remain eligible until they remarry (loss of benefits remains applicable even if remarriage ends in death or divorce). • Children remain eligible until age 2 1, unless they meet the exceptions above. 11-2 Non-mobilized reservists and their families. (2004 PILOT PROGRAM). Enrollment in TRICARE, the military health care system, on a cost-share basis for non-mobilized reservists and their families for those service members who are unemployed or whose employers do not offer health insurance. This program is new and not reflected in all the information that follows. TRICARE PROGRAMS: • TRICARE Prime* where Military Treatment Facilities (MTFs) are the principal source of health care. (http://www.tricare.osd.mil/tricareprime.cfm) • TRICARE Extra - a preferred provider option that saves money; and (http://www.tricare.osd.mil/tricareextra.cfm) • TRICARE Standard - a fee-for-service option (the old CHAMPUS program); (http://www.tricare.osd.mil/tricarestandard.cfm) • TRICARE FOR LIFE- When beneficiaries become entitled to Medicare Part A upon attaining the age of 65 and purchase Medicare Part B, they now experience no break in TRICARE coverage. The only change is that TRICARE will pay secondary to Medicare, beginning on the 1st day of the month they turn 65. The main challenge for most eligible beneficiaries is deciding which TRICARE option, Prime, Extra or Standard, is best for them. Active Duty personnel are enrolled in TRICARE Prime and pay no fees. Active duty family members pay no enrollment fees, but they must choose a TRICARE option and apply for enrollment in TRICARE Prime. There are no enrollment fees for active duty families in TRICARE Prime. * TRICARE PRIME in WI is limited. Eligible persons living within 40 miles of Great Lakes Naval Hospital may want to pursue this option. Active duty personnel have a program called TRICARE PRIME REMOTE that they may have to use in WI, the family of that active duty person would use TRICARE EXTRA or STANDARD. 11-3 COSTS/COPAYS/Catastrophic Cap Active Duty Family Members TRICARE Prime TRICARE Extra TRICARE Standard Annual Deductible None $1 50/individual or $300/family for E-5 & above; $50/$100 for E-4 & below $150/individual or $300/family for E-5 & above; $50/100 E-4 below Annual Enrollment Fee None None None Civilian Outpatient Visit No cost 15% of negotiated fee 20% of allowed charges for covered service Civilian Inpatient Admission No cost Greater of $25 or $13.32/day Greater of $25 or $13.32/day Civilian Inpatient Mental Health No cost Greater of $25 or $13.32/day Greater of $25 or $13.32/day Civilian Inpatient Skilled Nursing Facility Care $0 per diem charge per admission No separate co-payment/cost-share for separately billed professional charges 11-4 $11 /day ($25 minimum) Charge per admission $11 /day ($25 minimum) Charge per admission 11-5 COSTS/COPAYS/Catastrophic Cap (continued) Retirees, Their Family Members, and Others TRICARE Prime TRICARE Extra TRICARE Standard Annual Deductible None $150/individual or $300/family $150/individual or $300/family Annual Enrollment Fee $230/individual $460/family None None Civilian Copays 20% of negotiated fee 25% of allowed charges for covered service Outpatient Emergency Care Mental Health Visit $12 $30 $25 $17 (group visit) Civilian Inpatient Cost Share $11 /day ($25 minimum) Charge per admission 11-6 Lesser of $250/day or 25% of negotiated charges plus 20% of negotiated professional fees Lesser of $441 /day or 25% of billed charges plus 25% of allowed professional fees Civilian Inpatient Skilled Nursing Facility Care $11 /day ($25 minimum) charge per admission $250 per diem co-payment or 20% cost-share of total charges, whichever is less, institutional services, plus 20% cost-share of separately billed professional charges 25% cost-share of allowed charges for institutional services, plus 25% cost-share of allowable for separately billed professional charges. Civilian Inpatient Mental Health $40 per day 20% of institutional & negotiated professional fees Lesser of $164/day or 25% of allowable fees Catastrophic Cap TRICARE Standard or Extra, there is a $3000 CAT CAP per Fiscal year (1 October - 30 September) that is applied to your out-of-pocket expenses for TRICARE covered benefits. For those using TRICARE Prime there may be issues related to the cap if you seek treatment without prior approval of your primary care manager and use facilities not participating in the PRIME network. 11-7 TRICARE Prime Who is Eligible for TRICARE Prime? All active duty personnel are enrolled in TRICARE Prime. There is no enrollment fee, but you do have to register yourself. The following people may also enroll: • Family members and survivors of active duty personnel and • Retirees and their family members and survivors under age 65. Reserve Component and family members, of Reserve/National Guard members called to active duty for 30 days or more, may enroll in TRICARE Prime or may be eligible for TRICARE Prime Remote. But enrollment forms must be completed, and military medical facilities and/or TRICARE Prime network providers must be used. In this option, most health care will come from a military treatment facility (MTF), augmented by the TRICARE contractor's Preferred Provider Network (PPN). All active duty service members will be enrolled in TRICARE Prime and will continue to receive most of their care from military medical personnel. For active duty families, there is no enrollment fee for TRICARE Prime, but they must complete an enrollment form. Your Primary Care Manager (or team of providers) will see you first for your health care needs. The Primary Care Manager: • • • Provides and/or coordinates your care; Maintains your health records; Refers you to specialists, if necessary. (To be covered, specialty care must be arranged and approved by your Primary Care Manager.) Care is usually provided in a military treatment facility, but civilian clinics may be used in some cases. Point of Service (POS) Option Option under TRICARE Prime that allows enrollees the freedom to seek and receive non-emergent health care services from any TRICARE authorized civilian provider, in or out of the network, without requesting a referral from their Primary Care Manager (PCM) or the Health Care Finder (HCF). When Prime enrollees choose to use the POS option, all requirements applicable to TRICARE Standard apply except the requirement for a Nonavailability Statement (NAS). Point-of-Service claims are subject to outpatient deductibles ($300 individual and $600 family), 50% cost-shares for outpatient and inpatient claims, and excess charges up 15% over the allowed amount. The 50% cost-share continues to be applied even after the Enrollment Year catastrophic cap has been met. Advantages • No enrollment fee for active duty and families; • Small fee per visit to civilian providers, and no fee for active duty members; • No balance billing; • Guaranteed appointments (access standards); • Primary care manager supervises and coordinates care; • Away-from-home emergency coverage; • Point-of-Service option (see Glossary); and • Reduced catastrophic cap for retirees ($7,500 now decreased to $3,000). Disadvantages • Enrollment fee for retirees and their families; • Provider choice limited; 11-8 • Specialty care by referral only; and • Not universally available. 11-9 TRICARE Extra Under this option, you will choose a doctor, hospital, or other medical provider listed in the TRICARE Provider Directory. If you need assistance, call the Health Care Finder (HCF) at your nearest TRICARE Service Center. Who is Eligible for TRICARE Extra? Anyone who is CHAMPUS eligible may use TRICARE Extra. (Active duty personnel are not CHAMPUS eligible and are enrolled in TRICARE Prime). Advantages • Co-payment 5 percent less than TRICARE Standard; • No balance billing; • No enrollment fee; • No deductible when using retail pharmacy network; • No forms to file; and • You may use also TRICARE Standard. Disadvantages • No Primary Care Manager; • Provider choice is limited; • Patient pays: • Deductible, • Co-payment. • Nonavailability statement may be required for civilian inpatient care for areas surrounding MTFs; and • Not universally available. 11-10 TRICARE Standard TRICARE Standard is the new name for traditional CHAMPUS. Under this plan, you can see the authorized provider of your choice. (People who are happy with coverage from a current civilian provider often opt for this plan.) But having this flexibility means that care generally costs more. Treatment may also be available at a military treatment facility, if space allows and after TRICARE Prime patients have been served. Furthermore, TRICARE Standard may be the only coverage available in some areas. Who is Eligible for TRICARE Standard? Anyone who is CHAMPUS eligible may use TRICARE Standard. (Active duty personnel are not CHAMPUS eligible and are automatically enrolled in TRICARE Prime). Reserve Component family members are eligible for TRICARE Standard, if the Reserve Component member is ordered to active duty under 10 U.S.C. or 32 U.S.C. for more than 30 consecutive days or if the orders are for an indefinite period of time. (The RC member is entitled to the TRICARE Prime benefit as soon as he/she is activated.) Advantages • Broadest choice of providers; • Widely available; • No enrollment fee; and • You may also use TRICARE Extra. Disadvantages • No Primary Care Manager; • Patient pays: • Deductible, • Copayment, • Balance if bill exceeds allowable charge and provider is non-participating (up to 15% additional). • Nonavailability statement may be required for civilian inpatient care for areas surrounding MTFs; and • Beneficiaries may have to do their own paperwork and file their own claims. 11-11 TRICARE FOR LIFE When beneficiaries become entitled to Medicare Part A upon attaining the age of 65 and purchase Medicare Part B, they now experience no break in TRICARE coverage. The only change is that TRICARE will pay secondary to Medicare, beginning on the 1st day of the month they turn 65. Eligibility: TRICARE For Life is provided to the following beneficiaries: • Medicare-eligible uniformed service retirees, including retired guard and reservists • Medicare-eligible family members, including widows/widowers • Certain former spouses if they were eligible for TRICARE before age 65 Note: Dependent parents and parents-in-law are not eligible for TRICARE benefits. They may continue to receive services within a military treatment facility on a space available basis. Cost to beneficiaries: There are no enrollment fees for TRICARE For Life. You are required to enroll in Medicare Part B and must pay Medicare Part B monthly fees. Please check with the Social Security Administration online at www.ssa.gov, toll-free at 1-800-7721213, or visit Medicare online at www.medicare.gov, for more information about enrolling in Medicare Part B and monthly fees that will apply to you. Benefits: • For services payable by both Medicare and TRICARE, Medicare will pay first and the remaining out-of-pocket expenses will be paid by TRICARE. • For services payable by TRICARE, but not Medicare, such as overseas care, TRICARE will pay the same as if you were under age 65. You will be responsible for the TRICARE annual deductible and cost shares. • For services payable by Medicare, but not TRICARE, such as chiropractic services, Medicare will pay as usual, but TRICARE will pay nothing. You will be responsible for Medicare co-pays. • For services not payable by TRICARE or Medicare, you are entirely responsible for the medical bill. If you receive care from a civilian provider, your provider will file claims with Medicare. Medicare will pay its portion, then automatically forward the claim to TRICARE for the remaining amount. TRICARE will send its payment directly to your provider. You will receive an explanation of benefits (EOB) that indicates the amount paid to your provider. Medicare Part B: The Defense Eligibility Enrollment Reporting System (DEERS) notifies beneficiaries within 90 days prior to their 65th birthday that their medical benefits are about to change. They will ask you to contact the nearest Social Security Office regarding enrollment in Medicare. It is important to remember that you must elect to enroll in Medicare Part B in order to be eligible for TRICARE For Life benefits. If you are age 65 and over and only have Medicare Part A, you can enroll in Medicare Part B during the annual General Enrollment Period, which runs from January 1st to March 31 st every year. Medicare Part B coverage will then begin on July 1st of the year in which you enroll. For more information about enrolling in Medicare Part B, please visit the Social Security Administration online at www.ssa.gov or call toll free at 1-800-772-1213 (TTY/TDD 1-800-325-0778). TRICARE For Life overseas: Living overseas does not mean you cannot take advantage of TRICARE For Life, if you are enrolled in Medicare Part B. Since Medicare does not typically provide health care coverage overseas, TRICARE will provide the same benefits available to retirees under the age 65, and you will be responsible for the same cost shares and deductibles. 11-12 Services in military treatment facilities: Beneficiaries using TRICARE For Life may continue to receive care in military treatment facilities. Under a new program, TRICARE Plus, you may be allowed to enroll to a military treatment facility for primary care. TRICARE Plus is based on local availability.* If you have specific questions about how TRICARE For Life will affect you, please call 1-888-DoD-LIFE (1-888-363-5433). You can also visit the TRICARE Web site for more information at www.tricare.osd.mil/ndaa. Overview of Pharmacy Benefits Department of Defense beneficiaries who are eligible to have prescriptions filled through TRICARE Pharmacy Benefit include the following: • Active-duty members world wide • TRICARE-eligible beneficiaries under age 65 (this category includes active-duty family members, as well as retirees under age 65 and their family members) (OVER 65 see Senior Phamacy program on next page). TRICARE offers several convenient ways for you to have prescriptions filled depending on your family's specific needs: First, you may have prescriptions filled (up to a 90-day supply for most medications) at a military treatment facility (MTF) pharmacy free of charge. Please be aware that not all medications are available at MTF pharmacies. Each facility is required to make available the medications listed in the basic core formulary (BCF). The MTF, through their local Pharmacy & Therapeutics Committee, may add additional medications to their local formulary based on the scope of care at that MTF. Second, the TRICARE Mail Order Pharmacy (TMOP) is available for prescriptions you take on a regular basis. You can receive up to a 90-day supply (for most medications) of your prescription through the mail by using TMOP. Visit the TMOP Web site for details. Finally, prescription medications that your doctor requires you to start taking immediately can be obtained though a TRICARE retail network pharmacy for a small copay. For more information on this option, associated costs and lists of retail network pharmacies in your neighborhood, visit our Retail Network Pharmacy page (http://www.tricare.osd.mil/pharmacy/retailnetwork.cfm). Network pharmacies include but are not limited to WALMART, SHOPKO, KMART, Aurora. Pharmacy Co-pays effective April, 2001 Your Cost 11-13 Generic Drugs Place of Service Brand Name Drugs Military Treatment Facility $0 $0 Tricare Mail Order Pharmacy (up to a 90-day supply) $3 $9 TRICARE Retail Networks (up to a 30-day supply) $3 $9 Non-Network Pharmacies $9 or 20% of total drug cost (whichever is greater). Existing deductibles and POS fees apply TRICARE Senior Pharmacy Program On April 1, 2001, uniformed services beneficiaries 65 years of age and over became eligible for one of the best pharmacy benefits available in the United States to older Americans. The TRICARE Senior Pharmacy Program, provided by the 2001 National Defense Authorization Act, authorizes eligible beneficiaries to obtain low-cost prescription medications from the TRICARE Mail Order Pharmacy (TMOP) and TRICARE network and non-network civilian pharmacies. Beneficiaries may also continue to use military hospital and clinic pharmacies. The TRICARE Senior Pharmacy Program replaces the Base Realignment and Closure pharmacy benefit and the Pharmacy Redesign Pilot Program with a very robust benefit. Eligibility Requirements and Medicare Part B This pharmacy program is open to uniformed services beneficiaries age 65 and over. However, you must be registered in the Defense Enrollment Eligibility Reporting System (DEERS), and the new benefits may require you to be enrolled in Medicare Part B. Beneficiaries who will be 65 before April 1, 2001, do NOT have to enroll in Medicare Part B. Those who turn 65 on or after April 1, 2001, MUST be enrolled in Medicare Part B in order to use the mail order and retail pharmacy benefits. The Department of Defense encourages everyone to carefully consider enrollment in Medicare Part B so they will have comprehensive health care and will be eligible to take advantage of other TRICARE health benefits that will begin October 1, 2001. Filling Your Prescriptions You can use military treatment facilities (MTF) pharmacies, TMOP and Retail Pharmacies. Military Treatment Facility Pharmacy You can continue to get available medications at no charge through military treatment facility pharmacies. Simply present your written prescription to the pharmacist, or follow procedures established by your MTF. Prescriptions by Mail For prescriptions you take regularly, such as medication to reduce blood pressure, or to lower cholesterol or treat diabetes, a convenient TRICARE Senior Pharmacy option is the TRICARE Mail Order Pharmacy (TMOP). Through this program, you simply mail your health care provider's written prescription along with your payment, and you can receive up to a 90-day supply of most medications. (For some medications there are applicable quantity limits). After the military treatment facility, TMOP is the least expensive option for both you and the government. To fill your prescriptions, you will also need to register with the TMOP by completing and sending in a registration form, which you can obtain by calling toll free, 1.866.363.8667 or by 11-14 Visiting the Express Scripts web site at: http://www.express-scripts.com/. In addition, you must ensure that the Defense Enrollment Eligibility Reporting System (DEERS) has your current address. To update your address in DEERS, call 1-800-538-9552 (for California, 1-800-334-4162; for Alaska and Hawaii, 1-800-527-5602), or visit our Web site at http://www.tricare.osd.mil/DEERSaddress. Prescription drugs purchased through TMOP are only $3 for up to a 90-day supply of generic medications, or $9 for up to a 90day supply of brand name medications. Credit card payment is encouraged and is one of the easiest ways to pay for prescriptions obtained through TMOP. For additional information, please visit Express Scripts or call Express Scripts, toll free, at 1.866.DOD.TMOP (866.363.8667). TRICARE Network Pharmacies The TRICARE network pharmacies are retail pharmacies that have contracted with TRICARE to serve its beneficiaries. If you need a prescription filled immediately, such as an antibiotic or a pain medication, visit one of these approved network pharmacies. You can receive up to a 30-day supply of medication at a time for each prescription. You pay only $9 for a 30-day supply of brand-name prescription drugs, and $3 for a 30-day supply of generic prescription drugs - more than with TMOP, but far below the retail price. Simply present the pharmacist with your written prescription and military ID card. For a list of TRICARE network pharmacies in your area, contact the TRICARE service center nearest you or visit the Web site at http://www.tricare/osd.mil/pharmacy/retailnetwork.cfm Non-Network Pharmacies Non-network retail pharmacies are the most expensive option. Eligible beneficiaries usually receive reimbursement of 80% of the full retail price for medications, after you have met the TRICARE annual deductible amount ($150 per individual,$300 per family). In most cases, you must pay the full retail price at the pharmacy and then file a claim for appropriate reimbursement. The reimbursement form is called the CHAMPUS Claim: Patient's Request for Medical Payment (DD Form 2642). The form is available from a health benefits advisor at a military treatment facility, or by mail from TRICARE Management Activity, 16401 E. Centretech Parkway, Aurora, Colorado 80011-9043. For additional information on filing claims, visit http://www.tricare.osd.mil/claims/ The following chart shows an example of the costs for the same medication using each of the four options. This example uses the co-pay amount for brand name drugs. The savings will be even greater for generic drugs. Annual Out-of-Pocket Cost Comparison Example Brand Name/Cholesterol MTF TMOP Network (Retail) NonNetwork Four 90-day prescriptions Four 90-day Prescriptions At $9 each Twelve 30-day Prescriptions At $9 each 20% of total Charges (after deductible has been met) $0 $36.00 $108.00 $275.00 TRICARE Retiree Dental Program (TRDP) Benefits under the TRICARE Retiree Dental Program (TRDP) form a unique, comprehensive dental benefits program available to Uniformed Services retirees and their family members. If you have not already enrolled, we invite you to be a part of this exciting program. 11-15 Enhanced TRDP We are pleased to present the TRICARE Retiree Dental Program (TRDP), the premier dental benefits plan created by Congress especially for Uniformed Services retirees and their family members and administered by Delta Dental of California. The information on this site will introduce you to this unique program, from the rules that determine eligibility and a description of the service area that allows you broad access to coverage, to your options in choosing a dentist and instructions on how to enroll in the program-all designed around a comprehensive scope of benefits to help you and your family gain and maintain good dental health. Under contract with the U.S. Department of Defense, the Federal Services division of Delta Dental of California administers the TRDP with the same high level of quality, service and dependability for which Delta is known nationwide. This unique program offers: ! Comprehensive coverage for the most commonly needed and sought-after dental services with the full scope of benefits available after only 12 months. ! The choice to visit any licensed dentist in the service area, or for more cost savings, to choose from over 67,000 network dentist locations. ! Affordable monthly premiums deducted automatically from Uniformed Services retired pay. Those who are currently enrolled in the basic program may choose to upgrade their coverage and get many of the enhanced benefits immediately upon their coverage effective date. Premium for: Region B (most of Wisconsin) The Enhanced TRICARE Retiree Dental Program premium rates for your region are: Number of Enrollees Monthly Payment *Prepayment Amount Single 25.25 50.50 Two Person 49.30 98.60 Family (3 or more) 82.74 165.48 *To enroll, you will need to make a prepayment of two month's premiums to ensure that you will be able to participate as soon as your coverage is effective. Once a payment process is established for you, either through mandated automatic deduction from your retired pay or other applicable billing method, the unused portion of the premium will be refunded. 11-16 Note: Rates shown for the enhanced TRICARE Retiree Dental Program are effective May 1, 2003 through April 30, 2004. Monthly premiums are scheduled to increase each year, on May 1. Department of Defense directed implementation of further program enhancements could result in the contractual establishment of monthly premium rate changes. If you move or change your enrollment option, your monthly premium rate may also change. Benefits Overview: Enhanced This chart provides an overview of coverage under the enhanced TRICARE Retiree Dental Program for patients who visit a participating network dentist. Benefits available during the first 12 months of enrollment: Diagnostic services (such as exams) Preventive services (such as cleanings) Basic Restorative services (such as fillings) Endodontics (such as root canals) Periodontics (such as gum treatment) Oral Surgery (such as extractions) Emergency (such as treatment for minor pain) Dental Accident Coverage Additional services available after 12 months of continuous enrollment: Cast Crowns, Onlays & Bridges Partial/Full Dentures Orthodontics Deductible & Maximums * Delta Pays: 100% 100% 80% 60% 60% 60% 100% 100% 50% 50% 50% $50 Annual Deductible (per person, limit $150 per family, per benefit year) Annual Maximum (per person, per benefit year) Orthodontic Maximum (per person, per lifetime) Dental Accident Maximum (per person, per benefit year) Benefit Year: May 1 – April 30 $1200 $1200 $1000 *The percentage paid by Delta is based on the allowed amount for each procedure. Your out-of-pocket costs may be higher if care is received from a non-participating provider. Covered benefits are subject to certain limitations. For more information on all covered services and detailed information on benefit levels, limitations, exclusions, program policies and payments for nonparticipating providers, please see the Benefits Booklet. 11-17 11-1