Article I - Name
1.1 The name of this organization shall be DIVISION 13, FIFTH DISTRICT (NR), UNITED STATES COAST GUARD AUXILIARY, hereinafter referred to as the "DIVISION."
Article II - Limitations of Standing Rules
2.1 Any provision in these Standing Rules which is in conflict with the current edition of the United States Coast Guard Auxiliary Manual, COMDTINST M16790.1 (series), and all amendments and additions thereto, hereinafter referred to as the "Manual", Commandant or District Instructions and Notices, the National Board of Standing Rules, the District Standing Rules and/or the Division Standing Rules shall be null and void.
2.2 These Standing Rules are supplementary to the policies and procedures established for the formation, operation, membership, election or appointment of officers and disestablishment of the Division by the Manual or other appropriate Auxiliary requirements.
2.3 Nothing in these rules shall authorize the Division to take any action inconsistent with or not authorized by the Manual or other policies of the Commandant of the United States Coast Guard.
Article III - Organization
3.1 The composition and purpose of the Division shall be set forth in the Manual.
3.2 The duties of the elected and appointed staff officers shall be designated in the Manual or in any District Instruction.
Article IV - Meetings
4.1 The frequency, day, time and location of the regular meetings shall be established by a majority vote of the Division Board, provided a quorum is present, and shall remain fixed in such ensuing years until duly changed by a vote of the Division Board. Meetings may be a combined Board and Staff, or the Board and Staff may meet separately at the discretion of the Division Captain.
4.2 Special meetings may be called by the Division Captain by notifying members at least seven (7) days in advance of such meeting, specifying the time, date, location and purpose of the meeting.
4.3 Unless otherwise provided in the Manual or in these Standing Rules, all business shall be conducted at meetings in accordance with Robert's Rules as last revised.
Article V - Voting
5.1 A majority of the Division Board shall constitute a quorum for the transaction of business at any regular or special meeting of the Division.
5.2 Unless a greater number than a majority for specific action is required by these Standing Rules or by the Manual, a majority of the votes actually cast by members present and voting, can carry a motion, provided a quorum is present. Blank votes and abstentions do not count in the total for determining the number of votes cast. One of the voting members must be the Division Captain or the Division Vice Captain.
5.3 Each member of the Division Board shall have one vote.
5.4 Proxy and absentee voting shall not be permitted.
5.5 Voting on routine matters shall normally be by voice unless otherwise requested by a member of the Board or as provided in these Standing Rules or by the Manual.
5.6 A closed ballot may be requested by any member of the Division Board and shall be honored without discussion.
5.7 In the absence of a Flotilla Commander from a Division Board meeting, the Flotilla Vice Commander may vote and act for the flotilla. In the absence of the Flotilla Commander and Vice Flotilla Commander, the Immediate Past Flotilla Commander may vote and act for the flotilla. If the Flotilla Commander, Vice Flotilla Commander and Immediate Past Flotilla Commander are unable to attend, any other member of the Flotilla Staff designated by the Flotilla Commander, in writing, may represent but not vote on matters coming before the Division Board. This designation must be made known to the Division Board at the beginning of Such meeting and shall be recorded in the formal record or minutes of the meeting.
5.8 When no meeting of the Division Board is scheduled, emergency matters Requiring the vote of the Board may be submitted by mail or by telephone, and Voting thereon may be by mail or by telephone at the discretion of the Division Captain and the District Commodore.
5.9 No mail or telephone votes are permitted at any regular meeting of the Division Board. Elections may not be held by mail or telephone.
Article VI - Election of Officers
6.1 The Division shall hold an annual election of officers for the ensuing year, usually at the October meeting, but prior to 20 November and after the District elections.
6.2 The Division Captain shall appoint a Nominating committee at the regular meeting of the Division in the month of July of each year. This Nominating Committee shall present, in writing, the names of one or more candidates for the offices of Division Captain and Division Vice Captain at the regular meeting in September. The Nominating Committee will insure that those nominated are committed to fulfilling the duties of the office sought and meet the qualifications specified in the Manual. The Nominating Committee report shall not preclude other nominations from the floor, it is the responsibility of the nominator to insure those nominated will accept and are qualified per the Manual.
6.3 The election of officers for the ensuing year shall be held not later than the regular meeting during the month of October but not prior to the District elections.
6.4 If more than one candidate is nominated for an office the moderator shall Appoint three tellers from the membership, not themselves candidates for office, One of whom shall be designated as chief teller, the tellers shall collect and tally The ballots reporting the result to the moderator. Any question on the validity of a Ballot will be referred by the chief teller to the moderator for sumbission to the Membership for their decision.
6.5 The election of officers shall be by written ballot unless only one member is nominated to each elective office, in which event the Secretary may be directed by a voice vote to cast a single ballot on behalf of the members.
6.6 To be elected, a candidate must receive a majority vote of the voting members in attendance. If after two (2) successive ballots there are more than two candidates for an office and no candidate receives a sufficient number of votes for election, the candidate having the least number of votes shall be dropped from the next succeeding ballots until only two candidates remain. In the event of three (3) succeeding tie votes, the moderator shall place all ballots cast into a container, blindly select one ballot from the container, and have the ballots minus the withdrawn ballot counted and announce the winner.
6.7 All notices of any election meeting must be given to the District Commodore at least (15) days prior to the election meeting.
6.8 Election of officers shall be so organized that a member of the District Bridge shall act as moderator.
6.9 Upon the completion of the election, all ballots shall be destroyed by the moderator without revealing the count of any closed ballot.
Article VII -- Removal From Office
7.1 Any elected Division officer may be recommended for removal from office to which elected by an affirmative vote of three-quarters (3/4) of the Division Board present at a meeting in which a quorum is present. A full and fair hearing shall be first conducted by the Division Board with the accused and the accuser present, provided written notice of said meeting and charges is sent ten (10) days in advance to all those entitled to vote including the District Commodore. Recommendation for removal may only be for cause which brings discredit upon the Coast Guard and the Coast Guard Auxiliary and is addressed to the District Commander through the Division Captain, District Commodore and Director of Auxiliary.
Article VIII -- Finances
8.1 The annual Division dues shall be such sum of money as may be fixed by a majority vote at a regular or special meeting of the Division Board, at which seven (7) days prior notice of the meeting and intent were given, and shall remain fixed at such sum in ensuing years until otherwise duly changed by the Division Board.
8.2 The annual dues, including Division, Division, District and National, shall be levied on each member on a calendar year basis and shall be payable during the month of February for the following calendar year. First year dues may be prorated as determined by the District policy.
8.3 No member who is separated from the Auxiliary by reason of resignation, or otherwise, shall be entitled to refund of paid dues.
8.4 The Division Finance Officer shall be the custodian of all Division funds. With the consent of the Division Captain, the Finance Officer shall establish an account with a federally insured banking institution in a location convenient to the Finance Officer.
8.5 All Division funds, other than small cash sums in the process of collection, shall be deposited in this account which shall be known as "U.S. Coast Guard Auxiliary, Division 13" or as "USCGAUX, Division 13". All withdrawals therefrom shall be by check only.
8.6 The Division Captain, or if the Division Captain is not available, the Division Vice Captain is authorized to approve payment of all routine obligations as set forth in a budget approved by the Division Board. Routine obligations inclide those incurred by the Division in connection with carrying out officially adopted policy of the Division and payments within the limits of the budget.
8.7 The Division Captain, or if the Division Captain is not available, the Division Vice Captain, may authorize emergency expenditures not exceeding a total of twenty-five dollars ($25.00) in any one calendar month and direct the Finance Officer to pay for such. A full report of such emergency expenditures shall be made to the Division Board at its next regular or special meeting.
8.8 All other obligations, regardless of amount, will be considered as special obligations. Authorization to incur special obligations and requests for the appropriation of Division funds must be submitted to the Division Board for approval by duly filed and considered motions, except as otherwise provided in these rules.
8.9 The Division Board may, upon motion duly made and carried, set aside funds from the general funds to enable committee chairpersons of Division functions to carry out the committee's responsibilities. The Division Captain may authorize payment of bills from these funds. When the fund is depleted, no further bill may be authorized for payment without prior approval of the Division Board.
8.10 All disbursements of Division funds shall be by check, signed by the Finance Officer and/or the Division Captain or Division Vice Captain.
8.11 The Finance Officer shall render a financial report at each regular meeting of the Division Board, which report shall include all receipts and expenditures since the last rendering of a financial report and the balance of funds remaining as of the day preceding the day of the meeting. Any emergency expenditures authorized by the Division Captain or the Division Vice Captain, included in the reported expenditures, shall be so designated in the report.
8.12 The chairperson of any duly appointed committee where Division funds are involved, will furnish the Division Finance Officer with a monthly statement of the financial transactions of the committee. The chairperson will transfer to the Division Finance Officer within thirty (30) days after the completion of the committee activities, the balance of all monies received along with a completed committee financial statement.
8.13 The Division may provide, by a duly enacted motion, that the Finance Officer post a bond in favor of the Division in such amount as the Division Board may determine. All costs for such a bond shall be paid by the Division.
8.14 Upon the appointment of a succeeding Finance Officer, the retiring Finance Officer shall promptly deliver all Division funds, books and records to the new Finance Officer.
8.15 The funds, books and records of the Division shall be examined by the Audit Committee yearly and upon the appointment of a new Finance Officer.
Article IX -- Contracts
9.1 All licenses and agreements for the use of real property as well as contracts for the expenditure of Division funds as may be authorized by a vote of the Division Board, shall be approved by the District Staff Officer-Legal or an attorney appointed from the National Legal Affairs staff, before signing and shall be signed by the Division Captain or the District Commodore in the absence of the Division Captain.
Article X -- Committees
10.1 Standing committees and special committees consisting of any number of members may be appointed by the Division Captain. The Division Captain shall designate the chairperson of each such committee appointed and outline the objectives to be accomplished unless such are otherwise prescribed. Individuals may be appointed as one-person committees.
10.2 The Division Captain shall appoint an Audit Committee at or before the regular meeting of the Division Board in the month of November of each year. This committee shall examine and audit the financial books and records of the Division Finance Officer and Materials Officer within three (3) months of the new year and shall report their findings at the next regular meeting of the Board.
10.3 The Division Captain shall appoint a Budget Committee at or before the regular meeting of the Division Board in the month of January of each year. This committee shall prepare a budget with the assistance of the Division Finance Officer and Division Materials Officer and submit said budget to the Division Board within the first three months of the new year.
10.4 The Division Captain is empowered to appoint the Awards Committee to review and make recommendations to the Division Board for the recognition of individuals and groups for special recognition by the Division, District or the United States Coast Guard.
10.5 The Division Captain is empowered to appoint a Past Captain's Committee composed of all past Division Captains and Past Division Vice Captains who are currently active. The chairperson shall be the Immediate Past Division Captain. If unable or unwilling to serve, the Division Captain shall appoint any Past Division Captain as chairperson. The primary duty of this committee shall be to consider all Auxiliary matters referred to it by the Division Captain and all matters that are of interest to the Division. The committee shall make written recommendations concerning such matters directly to the Division Captain.
10.6 The Division Captain shall be an ex-officio member of all committees.
Article XI -- Procedure for Relief of Officers
11.1 It will be the duty of each elected and appointed officer, at the end of the term of office, to deliver to the successor, all current materials, supplies and records pertaining to the office. The officer being relieved shall assist in effecting an orderly transfer of the administrative function of the office, including but not limited to the briefing of the successor on the procedures to be followed and the forms to be completed and submitted.
Article XII -- Amendments
12.1 These standing Rules may be amended at any regular or special meeting of the Division Board, at which fourteen (14) days prior notice of the meeting and proposed amendment were given, by an affirmative vote of two-thirds (2/3) of the voting members, provided a quorum is present.
12.2 Amendments shall become effective upon approval of the Director of Auxiliary unless the amendment provided for a later effective date, in which event the amendment shall become effective upon the date provided or upon the approval of the Director of Auxiliary, whichever shall later occur.
Article XIII -- Approval
These Standing Rules were adopted on the __________ day of _______________, 199____ by a majority vote of the Division Board at a scheduled meeting at which a quorum was present and become effective upon the approval of the Director of Auxiliary.
_________________________________ Division Captain Attest: _________________________________ Division Secretary Approved:____________ _________________________________ Date Assistant District Staff Officer-LP Approved:____________ _________________________________ Date District Commodore Approved:____________ _________________________________ Date Director of Auxiliary