35th Division Association

This revised Constitution and ByLaws of the 35th Division Association represents an ongoing effort to ensure that this document is relative and supportive to the times. Amendments/updates are provided to maintain a basic document which maintains a strong concern for positive recognition and honorable remembrance for individuals and units collectively for services in the defense of our nation during both war and peace, provide stimuli for continuing participation by individuals to maintain a strong association, and to attract the involvement of individuals with a 35th Division connection for today and all the coming tomorrows.

Section 1 – Name. The name of this association shall be the 35th Division Association.

Section 2 – Purpose. The purpose of the 35th Division Association shall be to uphold and defend the Constitution of the United States and the States, to foster and promote the memories and incidents of the service of the 35th Division, in war and in peace,, to combat all influences which might tend to undermine or weaken our government under the Constitution, and to promote the continued comradeship among individuals and collectively with units. The successful demonstration of fulfilling these purposes is dependent upon each generation of soldiers and their families being committed and actively involved in Association business..

Section 3 – Statement of Non-Partisanship & Non-Sectarianism. The 35th Division Association is non-partisan and non-sectarian, and the Association shall not be used for partisan political or religious purposes.

Section 4 – Amendments to the Constitution and By-Laws. This Constitution and By-Laws, or any part thereof, may be amended at any annual meeting by a two-thirds vote of the
Executive Committee.

Section 5 – Dissolution. In the event of the dissolution of the 35th Division Association, all remaining funds and property shall be transferred to the 35th Division Museum Fund.

Section 6 – Articles of Incorporation. The 35th Division Association is chartered under the Articles of Incorporation, State of Kansas, dated December 13, 1960.

Section 7 – IRS Status. The 35th Division Association is a 501c(4) organization as per the letter from the Internal Revenue Service, U. S. Treasury Department, dated October 22, 1963. Contributions to the 35th Division Association are deductible for income tax purposes as provided in Section 170 of the Code.

Section 1 – Military Membership. Any person who has ever been regularly assigned for military duty to an organic or attached unit of the 35th Division, or any unit which is under the training supervision or operational control of the 35th Division at any time, whether in an active, reserve, or National Guard status, shall be entitled to membership in the 35th Division Association, provided that such individual has received an honorable discharge for such service or is still serving honorably in the Armed Forces of the United States. Membership is subject to the payment of Life or Annual Dues. Members in this category have all rights and privileges of the Association, and may serve as officers and members of the Executive Committee.

Section 2 – Associate Members. Associate members include those in the categories listed below. Associate members have the same rights and responsibilities as military members, including membership on the Executive Committee, but, may not serve as President or Vice-President. Associate membership is subject to payment of Life or Annual Dues.

• Widows & Widowers. Widows and widowers of members or persons who at one time were members or eligible for membership shall be eligible to be Associate Members.
• Family Members. Sons, daughters, and other relatives and family members, natural or adopted, of those eligible for membership shall be eligible to be Associate Members.
• Friendship Association Members. Members of 35th Division Friendship Associations, including international friendship associations, such as those in Belgium, France, Luxembourg, and the Netherlands, shall be eligible to be Associate Members.

Section 4 – Dues. The amount of Annual and Life Member dues shall be subject to approval by the Executive Committee.

Section 5 – Fiscal, Membership, & Program Years. The Fiscal Year of the 35th Division Association shall be from 1 July to 30 June. This will also be the Internal Revenue Service (IRS) reporting year and the Audit year. The Membership Year shall run from 1 January to 31 December. The Program Year shall be the annual term of office for elected Executive Committee members and officers and shall be from the Annual Conference to the Annual Conference of the 35th Division Association.

Section 6 – Communications. The 35th Division Association shall promote communications among Association members and those serving with the 35th Division through (1) publication of the “Santa Fe Express Divisionnaire,” (2) maintenance of an active and current 35th Division Association website, (3) conduct of an Annual Conference, and (4) periodic press releases and news articles. The number of annual issues of the “Santa Fe Express Divisionnaire” shall be set at the Annual Conference for the following year.

Section 1 – Legislative Body. The legislative body of the Association shall consist of all Life and Annual Members present at the Annual Meeting held during the Annual Conference. All Life and Annual Members in good standing who are present shall be entitled to vote on all matters brought before the meeting.

Section 2 – Quorum. A quorum at the Annual Meeting shall be composed of all members in good standing present and entitled to vote, with no minimum number required.

Section 3 – Rules. The Rules of Procedure at the Annual Meeting shall be those set forth in Roberts Rules of Order.

Section 1 – Executive Power. The executive power shall be vested in the 35th Division Association Executive Committee, elected annually, upon nomination by a Nominating Committee, during the Annual Meeting, and consisting of a minimum of 25 members.

Section 2 – Membership. Membership of the Executive Committee shall consist of those Military and Associate Members elected at the Annual Meeting. The President, 1st Vice-President, 2nd Vice-President, 3rd Vice-President, Executive Secretary, Treasurer, Chaplain, Sergeant-at-Arms, Judge Advocate, Past Presidents of the Association who are members of the Association in good standing, and all current General Officers of the 35th Division shall be ex officio members of the Executive Committee. All ex officio members shall have the privilege of the floor and have a vote in meetings of the Executive Committee.

Section 3 – Meetings. The Executive Committee shall meet at least annually, usually during the Annual Conference, and be chaired by the 35th Division Association president. The business shall include, as a minimum, approval of the minutes of the most recent meeting, the President’s Report, the Treasurer’s Report, the Audit Report, the Executive Director’s Report, the Nominating Committee Report, the Museum Committee Report, the Historian’s Report, the Hall of Fame Committee Report, the Publicity Director’s Report, the Publications Committee Report, the International Liaison Committee Report, any other Committee or Chair Reports, Old Business, and New Business as deemed feasible.

Section 1 – Unit Associations. The formation of military unit associations, such as the existing 320th Infantry Regiment Association, affiliated with the 35th Division Association is provided for and encouraged.

Section 2 – Affiliated Associations. The formation of affiliated associations, such as International Friendship Groups; the Orphans, Widows, & Families Network; the Michigan 35th Division Association; etc. is encouraged.

Section 1 – Powers & Duties. The Association Executive Committee shall exercise the power given to it by the Constitution and shall also has general supervision, control, and direction of the property, business affairs, and activities of the Association.

Section 2 – Removal from Committee. Any member of the Executive Committee may be removed from office for just cause by a three-fourths vote of the Executive Committee, with the member sought to be removed not voting. Absence without justifiable cause from two or more consecutive, regularly-called meetings of the Executive Committee shall be deemed sufficient cause for the removal from office of such member of the Executive Committee.

Section 3 – Meetings. Regularly-called meetings of the Executive Committee shall be those called by the President upon at least five days notice to the members of the Committee, provided that a majority of the members of the Committee may convene a regularly-called meeting of the Committee.

Section 4 – Vacancies. It shall be the duty of the Executive Committee to fill any vacancy occurring in its membership, and the individual appointed by the President elected to fill such vacancy shall hold office until the next ensuing Annual Meeting.

Section 5 – Compensation. No member of the Executive Committee or his or her relatives, except the Executive Secretary, shall receive any compensation or gratuity from the Association for salary or travel expenses.

Section 1 – Officers. The officers of the 35th Division Association shall be as follows: President, 1st Vice-President, 2nd Vice President, 3rd Vice-President, Executive Secretary, Treasurer, Chaplain, Sergeant-at-Arms, and Judge Advocate.

Section 2 – Vacancies. Any officer who shall neglect or improperly perform the duties incumbent upon him or her may be removed by a vote of three/fourths of the members of the Executive Committee present, after proper notice of hearing.

In the event that the office of President or a Vice-President shall become vacant, the officers next following in the order named above shall advance in order to fill such vacancy or vacancies. Any unfilled vacancies shall be filled by the Executive Committee. In the event that the office of the Executive Secretary or Treasurer shall become vacant, the President shall appoint a replacement until the next regular or special meeting of the Executive Committee, at which time the vacancy will be filled.

Section 3 – Duties & Powers of Officers.

• President – It shall be the duty of the President to preside at all meetings of the Association and the Executive Committee, to enforce a strict observance of the Constitution and By-Laws, to appoint such committee chairpersons and committees as needed, to provide leadership in the planning of the Annual Conference, and to perform such other duties as custom and parliamentary usage require.
• Vice Presidents – The Vice-Presidents shall, when called upon, assist the president and, in his absence, perform his duties. In the event of a vacancy in the office of the president they shall succeed in numerical order. In the event of a vacancy in the office of a Vice-President they shall succeed in numerical order, with the Executive Committee filling any remaining vacant Vice-Presidency.
• Executive Secretary – The Executive Secretary shall record the proceedings of the Annual Meeting and Executive Committee meetings, keep the Constitution and By- Laws of the Association, maintain copies of all official letters and official communications, give notice of all meetings of the Executive Committee, and care for the archives of the Association. Compensation for the Executive Secretary shall be set by the Executive Committee at the Annual Reunion.
• Treasurer – The Treasurer shall collect all monies due the Association, receipt all monies, and account for the same. He shall give bond in such amount as the Executive Committee shall direct, the premium of such bond to be paid by the 35th Division Association. He shall keep account of all his receipts and expenditures and shall pay over and deliver to his successor in office all money, vouchers, books, and papers belonging to the Association, upon approval of his successor’s bond or as the Executive Committee may direct. He shall prepare all financial materials for the Annual Audit and shall be responsible for filing of all IRS Form 990 Income Tax Returns and other required State and Federal filings.
• Chaplain – The Chaplain shall offer prayer at the opening and closing of the Executive Committee Meetings, Annual Meeting, and Banquets and Ceremonial Events of the Association. He shall plan for and officiate at the annual Memorial Service, held as part of the Annual Reunion.
• Judge Advocate – The Judge Advocate shall advise the President and Executive Committee on any legal matters and serve as parliamentarian at any meeting of the Association. In the event the Judge Advocate is not available, the President shall appoint a member in good standing as a temporary replacement.

Section 1 – Committee Chairpersons. The president shall appoint, with the approval of the Executive Committee, the following:

• 35th Division Association Historian
• 35th Division Association Publicity Director
• 35th Division Association Hall of Fame Committee Chairperson
• 35th Division Association Museum Committee Chairperson
• 35th Division Association Nominating Chairperson
• 35th Division Association Publications Committee Chairperson
• 35th Division Association International Liaison Committee Chairperson
• 35th Division Association Orphans, Widows, & Family Committee Chairperson
• 35th Division Association Website Committee Chairperson
• 35th Division Association Conference Planning Committee Chairperson
• Chairpersons for any other committee required by the Executive Committee

Section 2 – Association Committees & Committee Membership. The president shall, as a minimum, appoint members of the following committees and require at least annual reports from each committee.

35th Division Hall of Fame Committee. The 35th Division Hall of Fame Committee shall consist of 12 members, appointed by the president, representing 35th Division subordinate units as provided in the Rules and Regulations of the Hall of Fame. The committee shall secure, select, and conduct induction of 35th Division Hall of Fame members, and conduct all business as provided in the Rules and Regulations of the Hall of Fame.

35th Division Museum Committee. The 35th Division Museum Committee, consisting of five (5) members, appointed by the president, shall have supervisory control of the 35th Division Museum. It shall work cooperatively with the Board of Directors of the Museum of the Kansas National Guard. The 35th Division Museum funds shall be maintained in a Museum financial account, separate from other 35th Division Association funds. The Museum Committee shall be empowered to authorize expenditures from the Museum account for normal museum operating expenses, museum improvements, or museum special projects.

35th Division Association Nominating Committee. The Nominating Committee shall consist of at least ten (10) members, appointed by the president. The committee shall secure and present nominations for Association officers to the Executive Committee at the Annual Meeting of the Executive Committee and the 35th Division Association.

35th Division Publications Committee. The Publications Committee shall consist of a minimum of three (3) members and shall provide assistance and supervision in the publication of the “Santa Fe Express Divisionnaire,” the maintenance of the 35th Division website and dissemination of information on the 35th Division and 35th Division Association activities and events.

35th Division Conference Planning Committee. As soon as possible after each Annual Conference the President shall appoint a committee of at least ten (10) members of the Association who are typically residents of the community or state in which the next Annual Conference is to be held, as well as others, of necessity, whom the President may appoint. It shall be the duty of this Planning Committee to make all local arrangements for the next Annual Reunion.

Publicity Director/Committee. The Publicity Director shall be responsible for dissemination of information on 35th Division Association activities and events, and shall make regular contributions to the “Santa Fe Express Divisionnaire.” He shall assist in publicity prior to, during, and following the Annual Conference. The Publicity Director shall secure committee members and assistance as desired.

Historian/Historical Committee. The Historian shall be responsible for securing, maintaining, and archiving documents and information relevant to the 35th Division and 35th Division Association, including liaison with the 35th Division Museum, publication of historical information in the “Santa Fe Express Divisionnaire,” and the 35th Division Association website, providing technical advice to the website committee.

International Liaison Committee. The International Liaison Committee shall be responsible for liaison with 35th Division Association members and supporters in the countries liberated by the 35th Division Committee during World War II, to include International visits, both to European countries and the United States; publicity; of ceremonies and awards recognition; and publicity and public relations.

Orphans, Widows, & Family Committee. This committee shall be responsible for coordinating activities, communication, and publicity for the 35th Division Orphans, Widows, and Families Network.

Website Committee. This committee shall be responsible for the establishment and maintenance of the 35th Division Association website.

Section 1 – Annual Reunion. Reunions for all members of the 35th Division Association shall be planned and conducted annually. The location for the succeeding year’s Annual Reunion shall be proposed by the President-Elect and approved in the Annual Meeting.

Section 2 – Conference Planning. Planning for the 35th Division Association Annual Conference shall be the responsibility of the president and the 35th Division Conference Planning Committee. The Planning Committee shall plan so as to ensure that the Annual Reunion is financially managed on a break-even or for-profit basis, unless an exception is granted by the Executive Committee.

Section 1 – Original Approved Units. The following are units which the Executive Committee initially approved on 15 June 1950 as having been units from which the 35th Division was originally organized:

Missouri National Guard – 1st Infantry Regiment, 2nd Infantry Regiment, 3rd Infantry Regiment, and 4th Infantry Regiment

Kansas National Guard – 1st Infantry Regiment, 2rd Infantry Regiment, 3rd Infantry Regiment

Section 2 – Present or Former Organic Units. The following are units which the Executive Committee initially approved on 15 June 1950 as having been units which were present or former units organic to the 35th Division:

35th Division Hq & Hq Troop 69th Inf Bde Hq & Hq Co

35th Division Hq & Hq Co 70th Inf Bde Hq & Hq Co

35th Infantry Div Hq & Hq Co 134th Infantry Regt

35th Recon Troop 137th Infantry Regt

35th Recon Company 138th Infantry Regt

35th Tank Company 139th Infantry Regt

128th Machine Gun Bn 140th Infantry Regt

129th Machine Gun Bn 320th Infantry Regt

130th Machine Gun Bn 60th FA Bde Hq & Hq Btry

35th Military Police Co 35th Division Artillery Hq & Hq Btry

35th Military Police Plat 127th FA Regt

35th Division Special Troops Hq 128th FA Regt

35th Signal Co 129th FA Regt

35th Quartermaster Co 130th FA Regt

35th Division Band 142nd FA Regt

35th Division Special Troops (Med Det) 127th FA Battalion

735th Ordnance Co 130th FA Battalion

60th Engineer Battalion 154th FA Battalion

110th Engineer Regiment 161st FA Battalion

110th Engineer Train 216th FA Battalion

110th Engineer Battalion 219th FA Battalion

110th Quartermaster Regt 35th Division Artill ery (Med Det)

110th Quartermaster Battalion 35th Tank Destroyer Battalion

110th Supply Train 135th AAA-AW Battalion

110th Ordnance Co 110th Trench Mortar Battalion

110th Field Signal Battalion 110th Ammunition Train

110th Medical Regiment 110th Military Police Battalion

110th Sanitary Train 35th Special Services Co & Det

110th Field Hospital 110th Medical Battalion

205th Field Hospital 205th Medical Battalion

Section 3 – Present or Former Attached Units. The following are units which the Executive Committee initially approved on 15 June 1950 as having been present or former units attached to the 35th Infantry Division:

Section 4 – Current & Future Units. Members of all units that may be associated with the 35th Division in any capacity, to include attached units and units for which the 35th Division exercises training and readiness oversight, now and in the future, are eligible for membership in the 35th Division Association. These shall include the following:

• Division Headquarters (Kansas National Guard)
• Division Special Troops Battalion (Kansas National Guard)
• 33rd (Infantry) Brigade Combat Team (Illinois National Guard)
  • 33rd Brigade Special Troops Battalion
  • 2nd Squadron, 106th Cavalry Regiment (RSTA)
  • 2nd Battalion, 130th Infantry Regiment
  • 1st Battalion, 178th Infantry Regiment
  • 2nd Battalion, 122nd Field Artillery Regiment
  • 634th Brigade Support Battalion
• 39th (Infantry) Brigade Combat Team (Arkansas National Guard)
  • 39th Brigade Special Troops Battalion
  • 1st Squadron, 151st Cavalry Regiment (RSTA)
  • 1st Battalion, 153rd Infantry Regiment
  • 2nd Battalion, 153rd Infantry Regiment
  • 1st Battalion, 206th Field Artillery Regiment
  • 39th Brigade Support Battalion
• 48th (Infantry) Brigade Combat Team (Georgia National Guard)
  • 48th Brigade Special Troops Battalion
  • 1st Squadron, 108th Cavalry Regiment (RSTA)
  • 1st Battalion, 121st Infantry Regiment
  • 2nd Battalion, 121st Infantry Regiment
  • 1st Battalion, 118th Field Artillery Regiment
  • 148th Brigade Support Battalion
• Combat Aviation Brigade, 35th Infantry Division (Missouri National Guard)
  • Headquarters and Headquarters Company
  • 1st Battalion, 376th Aviation Regiment (S&S) (Nebraska National Guard)
  • 1st Battalion, 135th Aviation Regiment (Attack)
  • 2nd Battalion, 211th Aviation Regiment (Gen Sup), (Utah National Guard)
  • 1st Battalion, 108th Aviation Regiment (Assault) (Kansas National Guard)
  • 935th Aviation Support Battalion
• 218th (Heavy) Brigade Combat Team. (South Carolina & Kansas National Guard)
• Attached Units
  • 142^rd Fires Brigade (Arkansas National Guard)
  • 287^th Sustainment Brigade (Kansas National Guard)
  • 110^th Maneuver Enhancement Brigade (Missouri National Guard)
  • 218^th Maneuver Enhancement Brigade (Missouri National Guard)

This Constitution & Bylaws supersedes all other editions prior to September 7, 2012.
This Constitution & Bylaws is effective upon passage by the 35th Division Association this ___________ day of _________________ 2012.