NOTE: These minutes are provided AS RECEIVED FOR PUBLICATION.  Any corrections or changes should be sent, in writing, to the Corporate Secretary as they are noticed.  Minutes will be corrected and approved at the next meeting of the body to which they pertain.

The Corporate Secretary is:
Don Duquette, Secretary, The KWVA
41 Overlook Drive
Centerville, MA 02632-3338
Ph 508.775.6155
kwvasecretary@comcast.net

It is important to bear in mind that this is a summary of the actions taken at the KWVA Executive Council Meeting. An official, verbatim transcript will be available at a later date.

President Louis Dechert called the meeting to order at 8:30 a.m.

John Sonley, Sergeant-at-Arms, led the group in the Pledge of Allegiance.

Second Vice President Byron Dickerson offered the invocation.

Sonley, the sergeant-at-arms, presented prayer for POW-MIA.

President Dechert made several announcements. He announced that the meeting will be conducted in accordance with the KWVA Bylaws and/or Roberts' Rules of Order.

Secretary Don Duquette announced that there had been no additions or corrections received for the meeting.

The Secretary called the roll.

Present:

President Lou Dechert
First Vice President Dick Adams
Second Vice President Byron Dickerson
Treasurer Clyde Durham
Secretary Don Duquette
Director Harley Coon
Director Lee Dauster
Director Jim Ferris
Director Stanley Grogan
Director James Jones, Jr.
Director William Mac Swain
Director Dean McClain
Director Larry McKinniss
Director Bob Morga
Director Joseph Pirrello
Director Warren Wiedhahn

Absent:

Dorothy Wenzel, excused--pending review.

Coon: As the minutes for the July 26, 2004, meeting were never approved or published in The Graybeards, information has never been provided the membership that POW's no longer will be charged the subscription fee and shall be considered life members upon submittal of a proper membership application and proof of the fact that they were a prisoner of war, i.e., DD-214, etc. Coon will provide a copy of the transcript.

McKinniss: Questioned being counted absent on the 27th of July as that meeting was not a proper meeting.

Jones: That meeting was not a legal meeting. So anything that transpired did not really take place.

Acting Adjutant Charley Price: It is the legal opinion that the July 27,2004, was duly called per announcement of same in the May/June, 2004, issue of The Graybeards and the officers proceeded with the business of the organization and shall continue forward.

McKinniss: The meeting did not have quorum.

Charley Price: It does not change the decision of the Judge Advocate.

President Dechert introduced the following: Attorney Jimmy Faircloth, Don Duquette (Secretary), Clyde Durham (Treasurer), and CPA Boyle Henderson.

MOTION: Jim Ferris moved to ratify the meeting of the 27th of July, 2004.
Lee Dauster second.

Grogan: I would like for legal counsel to meet with the Bylaws Chairman and make a determination as to how notification is given to members to attend meetings of the board. I understand 10 days'' notice is needed. No such meeting notice was given for the meeting held on the 27th of July, 2004.  There are those who would have attended if given proper notice.

Amendment: An amendment to the motion was offered by Director Grogan and seconded by Director Coon. Six were in favor of the amendment and 7 were opposed.

The motion was restated: Ferris: I move the ratification of the meeting and minutes of the July 27, 2004, Meeting. Dauster Seconded. Question called for.

Coon: The Executive Council needs to know the appointments made.

Jones: The bylaws say that the Secretary and Treasurer be appointed by President with the approval of the Executive Board. That was not done at the July 27th meeting.

Dechert. That has been ruled on.

VOTE ON MOTION: In favor: 7. Opposed: 6. Motion carried.

Point of Order by Wiedhahn. How many can vote?

Answer: Thirteen.

Dechert: There are things in the bylaws which take place with no human hands; nevertheless, there has been bad talk and bad actions in various forms which have not always proved to be helpful. I have said things I should not have said and others have done likewise. If apologies are needed, I apologize. The KWVA and its members supersedes these things--it supersedes me, Harley, Pappas, Dick Adams, and anyone else. The organization and the members have to go forward. We have got about 17,000 people who are watching us and the larger community and we have to look out for the betterment of the veterans. So, if you have an individual agenda please talk later with the judge advocate so that we can accomplish our agenda.

Coon: I believe that I have said some things that I shouldn't have said but I have been brought under a vicious attack for about two years. I hope we can work together for the Korean War veterans.

Treasurer's Report:

The Treasurer's Report was presented by Clyde Durham. He stated that the report is not complete as the necessary documentation has not been received to present an accurate and complete report.

Coon: I wanted to present the findings: The Executive Council voted to give then Treasurer Tom Gregory the authority to invest approximately $450,000 in certificates. Tom is unable to make it to this meeting due to severe illness so I would like to report that this $450,000 is now valued at over $485,000. What I have here will take a resolution to transfer these funds from the past administration to the present administration. If this were cashed in it would receive a penalty. However, the interest can be used without penalties.

Coon presented the resolution for transfer of the certificate funds to the new administration to Dechert. The forms were given to Attorney Faircloth and Treasurer Clyde Durham for review and execution.

Coon: The previous administration is transferring to the new administration around $570,000.

Dechert: This is about correct.

MOTION: Ferris. I move the transfer of the savings certificate to Clyde Durham, KWVA Treasurer. Adams Seconded.

Coon: Could we add to the motion that all funds have been turned over to the new administration?

Dechert: In the absence of an audit, we cannot make such a motion.

Action on Motion: The motion passed unanimously.

Election Report:

Dechert: The afternoon membership meeting will have an election report. If there is are any questions on this matter, they will be discussed at that time.

New Business--Resolutions:

Dickerson: Two places have been proposed for future reunions: Pineville, Louisiana, and Fredericksburg, Texas.

Dickerson presented the following resolutions:

1. RESOLVED, President Louis T. Dechert, Treasurer Clyde Durham, and Assistant Treasurer Bill Doyle will secure and safeguard all funds and property wherever situated attributed to EIN 14-671031 and report same to the Executive Council. This includes but is not limited to, the KWVA accounts on deposit in Bank One branches savings account #1584670085 and checking account #628997876. First Vice President Dick Adams and Secretary Don Duquette will also be designated signatories. Each check tendered shall have two signatures. The Treasurer shall submit a monthly income statement to the Finance Committee Chairman. Professional CPA assistance will be contracted by the Treasurer as required. The President is directed to establish new bank accounts as of July 27, 2004, and as of July 27, 2004, no instruments rendered by previous signatories after July 26, 2004, are valid.
   
   and
    
2. Whereas, Central Louisiana, Louisiana ,and the majority of the members of the Korean War Veterans Association joined in supporting the Take Hill 2004 Campaign which resulted in new leadership for our association, and Whereas, the new National President is Lou Dechert, Commander of Chapter 180, the new National Treasurer Clyde Durham is the former Commander of Chapter 205, and the new Assistant National Treasurer is Bill Doyle, Chaplain and Treasurer of Chapter 180, be it therefore, Resolved, that Chapters 180 and 205 extend an invitation for the KWVA to hold the 2005 National Convention and Annual Meeting, in Alexandria-Pineville, Louisiana, July 14-18 2005.
   
   and
    
3. Whereas Sergeant Charles Robert Jenkins is alleged to have been absent himself from his assigned duties while on patrol in the demilitarized zone separating South and North Korea on January 5, 1965, leaving a note addressed to his mother stating: "I am going to North Korea," and Whereas, Sergeant Charles Robert Jenkins appears to have made no effort to return to the United States in the almost 40 years since that time, and Whereas, Sergeant Charles Robert Jenkins appears to have voluntarily supported anti-American activities while residing in North Korea including propaganda broadcasts directed over the DMZ at our troops and also appeared in anti-American films, Now, therefore, be it resolved that the entire membership of the Maui No Ka Oi Chapter 282 of the Korean War Veterans Association does respectfully ask the Army of the United States to promptly bring Sergeant Charles Robert Jenkins to a military trial and that there be no consideration of clemency without a trial.
   
   So stated and subscribed to this 25th day of September,2004.

MOTION: Dauster moved that the report of the Resolutions Committee be accepted. Grogan seconded. The report was accepted without objection.

Wiedhahn: Point of order. I thought we were discussing meeting sites for reunion.

Coon: With respect to the third resolution, I feel that that is between the army and the individual.

Wiedhahn: I believe we should not touch that issue with a 10 foot pole.

MOTION (regarding the third resolution): McKinniss moved that the third resolution regarding Sergeant Jenkins not be passed. Coon second.

Price: From a legal point of view we do not have enough information to support this resolution. We do not need to become meddlesome in this matter.

Jones: I think some of the charges are allegations and I don't think we can support the allegations.

Action on third resolution: Unanimous vote not to support resolution.

With respect to the second resolution to hold the 2005 meeting in Louisiana, Dauster reported that the area has sufficient hotel accommodations and many points of interest.

Dauster: The Department of Texas has also submitted a proposal to host the 2005 reunion in the State of Texas. Dick Predmore will present this information.

Dick Predmore: As President of the Department of Texas, I wish to invite the 2005 Annual Meeting to the great State of Texas. There are many areas of interest, i.e., the City of Fredericksburg, Texas--a small town of German ancestry which is a tourist's dream town.

MOTION: Coon moved that the Texas resolution be returned to the Reunion Committee for review.

Feaster: I would like to point out that the General Membership needs to approve a meeting site and it must be approved by the membership at its meeting this afternoon.

Mac Swain: According to the Bylaws Committee we will need a 100 quorum. I would like to make the point that the Dallas/Fort Worth area has plenty of places to locate in. It would be a great place to hold such an event.

Jones: We don't need 100 for a quorum.

Coon: If we are going to make a decision, we don't need a Reunion Committee.

Ferris: I think we are in a "Catch 22."

Mac Swain: I would like to remind Executive Council that we passed a standard procedure manual which gives us indication we need three years worth of reunions on the books so that we can function properly. We have two areas proposed. Would you approve these areas and then the Reunion Committee can choose one of those.

AMENDMENT TO MOTION: Mac Swain: I move to amend the motion to present the two proposals to the membership for the 2005 reunion and give the Executive Council the opportunity to make the selection at its next meeting after review by Reunion Committee. Wiedhahn second.

Dechert: Consideration must be given to avoiding dates after the 15th of July as many activities are planned for that period.

Faircloth: Read from the bylaws an excerpt which outlined that the membership could approve the two options. They would understand that they are delegating the final decision to the Executive Council.

Vote on the amendment: 10 in favor. 1 Opposed.

Faircloth: It is recommended that the absences which occurred at the July 27, 2004, Executive Council meeting be forgiven.

MOTION: Mac Swain moved that the legal counsel's recommendation with respect to July 27, 2004, Executive Council meeting absences be accepted. Ferris second.

Comment: McClain I oppose this.

Mac Swain: I would like to point out that the Executive Council approved the standard operating procedures manual. It says the Committee will determine whether an excuse is acceptable or not. We did not do that at that meeting.

Vote on motion to excuse absences: 9 in favor. 3 opposed. Motion carried.

The original motion was muted by the action of the amendment.

Vote on motion regarding meeting site: 11 in favor. None opposed. Motion carried.

Faircloth: Another motion needs to be made to present to the members. Two alternatives is in conflict with bylaws.

Dechert: we need another motion.

MOTION: Ferris: I move that the membership grant the Executive Committee the right to decide the reunion sites and dates for the 2005 reunion. Morga second.

Faircloth: The Membership has to agree that they are okay with either site and must give the authority back to the Executive Council and the option of dates.

McClain: To abide by the bylaws I believe that we should make a choice of whether to have it in Louisiana or Texas--depending on availability, airlines, and dates. I think we should pick one of those spots.

MOTION: Mac Swain: I move that the membership be asked to grant the Executive Council authority to make a decision on when and where to hold the 2005 reunion.

Coon: Could we amend that for the 2005 reunion to be held in Louisiana and 2006 be held in Texas.

Dechert: Many may think that spending this much time on the reunion site is insignificant. But anything requiring approval from the members is not insignificant. We have to follow the rules and present things properly to the members.

AMENDMENT: McKinniss: I would like to amend the motion to include the year 2006. Grogan second.

Vote on Amendment to include 2006: 11 in favor. None opposed. Amendment carried.

Vote on original motion: 11 in favor. None opposed. The motion carried as amended.

Wiedhahn: Basically the Reunion Committee has to come back to the Executive Committee with further information and recommendations.

Dauster: I have investigated transportation--international airport with four airlines about 8-10 minutes away; all hotels are adequate; tourism is exceptional.

McKinniss: Lots of us are getting too old for the heat in the south. I suggest that we give some consideration to the dates with respect to the heat.

McClain: Asks that the body make suggestions for the year 2007, etc.

Dechert: Agrees and asks for as many recommendations as possible.

Dechert: With reference to the bylaws, Director Mac Swain is attempting to secure recommendations for the bylaws for further and complete review. The next Graybeards will request suggestions from the members.

Coon: I recommend that the reunion get an organization like the reunion group to handle the reunion. They do a bang up job.

Dechert: They have been totally cooperative with us. They have done a very good job. There are some areas where they don't host so that this is a consideration.

Finance:

Jim Ferris presented a proposed budget stating that he did not have complete information upon which to secure the necessary figures to prepare the budget. (The budget report as corrected appears in the General Membership Meeting Minutes.)

MOTION: Ferris: I move acceptance of the budget for the upcoming year. Dauster second.

Dauster: I would be interested in looking at the insurance policy to insure that directors' interests are covered. Who has the insurance policy?

Dechert: We will locate that.

Comment: There are no fees for accounting.

Ferris: We will add $6,000 for accounting and $4,000 for legal fees.

Dechert: His starting point was last year's budget--it was underspent and two it was not in deficit. It appears income from last year was good figures. You will never know for sure what you have and what you spent. This is the best guess that we can get. It is something that we can recommend.

Coon: The fiscal year is January through December.

Dechert: That is a point that the Bylaws Committee needs to look at and get the lap over done away with.

Dechert: Accolades to the past editor of Graybeards. He and his wife have done an outstanding job. The publisher plans to propose a new schedule on advertising.

Coon: The 2003 tax return would be helpful to the Finance Committee. I am happy to turn over a copy of that herewith. That is an audited tax return.

Amendment to the Motion: Dauster: I move that we accept the budget proposal with the $6,000 for accounting fees and $4,000 for legal fees added. McKinniss second.

Vote on motion as amended: 11 in favor. 1 opposed. Motion carried.

Membership Report:

Monson: Presented the membership report. (Published in the Membership Meeting Minutes.)

MOTION: Grogan moved acceptance of the membership report. McClain second.

Vote on motion: 11 in favor. None opposed. Motion carried.

Jack Edwards: I would like to state that the cooperation that I received from Nancy Monson while I was membership chairman was wonderful.

Bylaws:

Charley Price, Acting Judge Advocate: We are operating on 2000 bylaws--we are unable to locate all changes, etc. Many have not been legally adopted. The committee will have lots of work to do.

Faircloth: You can't cure deficiencies by ratifying. You can't operate if procedures weren't followed. You have to fall back to a confirmed valid set of bylaws and that would be 2000. Now the Bylaws Committee can go back and clean up all of the matters in question. They need to be clear and resolute.

Discussion: There was discussion regarding proper adoption of several bylaws changes. In several instances there was question as to whether or not a quorum was present at meetings where bylaws were amended.

MOTION: Ferris moved that the 2000 Bylaws be used as the functioning bylaws until the Bylaws Committee can sort through old recommendations and review new proposals for changes. Adams second.

MOTION TO TABLE: Coon moved to table the motion. McKinniss second.

Action on motion to table: 5 in favor. 7 opposed. The motion to table was defeated.

Faircloth: This wasn't a retrospective appearance. The Judge Advocate (Sherman Pratt) said these were deficiencies we can't overcome. Anyone will say that these changes are suspect--you have a four year gap where procedures weren't clear. That's why I suggest that you fall back to what you know is valid. The Judge Advocate's opinions supported that. I can't second guess JA Pratt.

Vote on original motion: 8 in favor. 4 opposed. Pirrello abstained.

Revisit Program:

Wiedhahn: Two hundred fifty veterans this last year returned. The period of eligibility to return has been extended and this is good news for many who were there. (Details appear in the Membership Meeting Minutes.)

Dechert: To many that means a lot.

Tell America:

Adams: Discussed the Tell America program and the continued need for the program and the hope that use of the program will be expanded.

Nominating Committee:

Adams: Reported that Dick Wainwright will serve on the Nominating Committee.

Dick Wainwright: We will have further information at the winter meeting. Be sure that you have discharge with your papers if you plan to run for office.

Dechert: It is our policy that any DD-214 is to be used only for the purpose for which it is submitted. We are not going to change all the sins of the world at this meeting. All DD-214's will be used only for the purpose it was submitted for.

Call for election of the next Executive Committee will be in next issue of The Graybeards and will follow standard procedure. Call has gone out--there will be an election of four new directors.

Treasurer's Report:

Treasurer Clyde Durham: We have a limited treasury report. Prior to today, we only had information as of July 31, 2004. That's when we opened the account. The end of the month balance was $19,679.54 in checking, $44,451.82 in savings. We will be able to give a more complete accounting in the future.

Coon: I have received no bank statement for July.

Dechert: Until we have all the data, we can't give you a 100% report.

Boyle Henderson: I have talked with the Dayton CPA. He may have that statement. I will get with him and see if he has that.

Dechert: We will provide a copy of that to you, Mr. Coon.

Bylaws:

Mac Swain: Explained the complexity of trying to determine which bylaws would govern. My reviews were to find all changes the Executive Council had approved.

We will take all changes passed and submit them for printing in The Graybeards and have them redone with Bylaws recommending that they had been passed and the Executive Council has already approved them. They will be submitted in 2005. Chapters and Departments have also been requested to submit recommendations. We can then print the bylaws with all changes and present them to the next meeting and then we can approve them all at once. I would prefer to have them approved as line items but we will have to determine what is the best procedure to follow.

Faircloth: It would be cleaner to do it as separate motions.

Mac Swain: Thanked Jim Jones for a really fine job on the bylaws. His committee cleaned up a lot of bylaws matters. We hope to have this accomplished by next year.

Jones: Are you going to publish this in the Graybeards?

Mac Swain: Yes. Every motion that has been approved. We will state that it will be considered at next meeting. It will all be there for the general membership to vote on.

Mac Swain: Thanked Jack Edwards for the work that his committee had done on the bylaws in the past.

Dechert: Read changes to appointments to committees.

MOTION: Dauster moved that the new committee appointments be approved. Grogan second.

Vote on motion: 11 approved. 1 opposed.

Federal Charter:

Bob Banker: The Maryland Chapter has not been idle in attempting to secure the Federal Charter. Legislation seems to be friendly to the cause. We must issue our strong support to Congress.

Banker outlined various means of accomplishing charter. The Maryland Chapter will be willing to work toward this end.

Adjournment:

Dechert: Adjourned the meeting at 12:10 p.m.