AMENDMENT TO SECTION 05

AMENDMENT TO SECTION 05.01 OF THE MARINE CORPS LEAGUE LAKE COUNTY DETACHMENT 801 BY-LAWS ENTITLED

“DETACHMENT FUNDS”

WHEREAS, the Marine Corps League Lake Count Detachment 801 (hereinafter “Detachment”) By-Laws does not contain a procedure for the donation of Detachment funds to worthy causes; and

WHEREAS, Section 05.00 of the Detachment By-Laws entitled “AMENDMENTS” provides the procedure by which the By-Laws may be amended; and

WHEREAS, pursuant to Section 05.00 of the By-Laws, the members of the Detachment desire to establish a procedure in the Detachment By-Laws for the orderly and fair disbursement of Detachment funds for such worthy causes; and

WHEREAS, the members of the Detachment desire to provide for a participatory process for disbursing Detachment funds for charitable purposes, yet seek to establish a system of checks and balances to prevent misuse and squandering of funds.

NOW THEREFORE, the membership of the Marine Corps League Lake County Detachment 801 hereby amends its By-Laws as follows:

1. The above WHEREAS clauses are hereby incorporated as if fully set forth herein.

2. Section 05.01 of the Marine Corps League Lake Count Detachment 801 By-Laws entitled “DETACHMENT FUNDS” is hereby repealed in its entirety, and replaced with a new Section 05.01 to provide as follows:

“SECTION 05 .01 – DETACHMENT FUNDS

(a) The Paymaster or Adjutant/Paymaster will be responsible for the collection and disbursement of all funds with the exception of funds collected by the Supply Officer during the performance of his/her duties. Supply Officer must immediately or as soon as practical turn over funds to the Paymaster or Adjutant. The Paymaster or Adjutant/Paymaster shall provide a financial statement at each regular meeting of the membership.

(b) The Commandant will appoint an Audit Committee of at least three (3) members in good standing to audit the books at least once a year.

(c)          At any regular or special meeting of the membership called pursuant to SECTION 04.00 of these By-Laws entitled “REGULAR” or   SECTION 04.02 of these By-Laws entitled “SPECIAL,” any member in good standing may make a motion to make a charitable donation of detachment funds to any individual, organization, or other cause.

(1)         Upon a second to the motion, and passage of the motion by majority vote of the members in good standing present, the approved motion will be sent to a finance committee as established in paragraph (d) below.

(2)         The finance committee shall review the approved motion, and if, in the sole opinion of the finance committee, the approved motion is a proper charitable expenditure of detachment funds, it shall approve the expenditure and the expenditure of detachment funds shall be so made. If upon review of the approved motion, the finance committee, in its sole opinion, finds that the approved motion is not a proper expenditure of detachment funds, then the finance committee shall reject the approved motion, and report the rejection at the next special or regular meeting.

(3) After receiving the report of the finance committee’s rejection of the approved motion, the membership in good standing in attendance at such meeting may, by 2/3 super-majority vote, overrule the finance committee’s rejection and the expenditure of detachment funds shall be so made. If the membership in attendance at such meeting fail to overrule the finance committee’s rejection by a 2/3 super-majority vote, the rejection shall stand and the expenditure shall not be made.

(d) The finance committee shall be appointed by the Commandant at the beginning of the Commandant’s term of office, and shall serve at the pleasure of the Commandant for the duration of the Commandant’s term. Any member of the finance committee may be removed by the Commandant at any time with thirty (30) days written notice provided at a special or regular meeting, and replaced with a new member, without reason being provided.”

3. The remainder of the By-Laws as previously approved shall remain in full force and effect.

4. Nothing in this Amendment to the Detachment By-Laws shall be construed to affect any previous action taken by the Detachment, or affect any previous legal right or claim of the Detachment or its members, nor shall any authority existing on the effective date hereof be lost, impaired or affected by this Amendment.

5. All provisions of the Detachment By-Laws in conflict herewith are, to the extent of such conflict, hereby repealed.

6. If any provision, clause, sentence, paragraph, section, or part of this Amendment to the Detachment By-Laws, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, said judgment shall not affect, impair or invalidate the remainder of this Amendment, and the Amendmen t shall be construed to have been adopted as if such invalid provision, clause, sentence, paragraph, section, or part thereof not been included.

7. This Amendment shall be in full force and effect from and after its passage and approval pursuant to SECTION 05.00 of the By-Laws entitled “AMENDMENTS.”