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CAP Regulation 35-7 - 04/01/1997

CAP Regulation 35-7 - 04/01/1997

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Published by CAP History Library
Civil Air Patrol
Civil Air Patrol

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Categories:Types, Legal forms
Published by: CAP History Library on Apr 25, 2014
Copyright:Public Domain


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 _________ OPR: CLCDistribution: In accordance with CAPR 5-4.
This regulation establishes procedures for the removal of the National Commander or National Vice Commander.Authority:
Constitution and Bylaws of the Civil Air Patrol 
 (CAP), Article XIII, adopted August 14, 1994.
 The National Commander or  National Vice Commander may be removedfrom office only by a vote of two-thirds of theauthorized positions of the National Board at aduly constituted regular or special meeting of the Board. The vote of the required number of  National Board members shall be obtained byvotes in person or by proxy at such dulyconstituted meeting. Mail or fax ballots maynot be used to vote on removal of the NationalCommander or National Vice Commander. Theaction of the National Board is final.
Definition of Terms.
For the purpose of this regulation, the following definitions apply:
“Constitution” means the CAP Constitution asamended.
“Personal Misconduct” means activityinvolving moral turpitude or misconduct whichcreates an appearance of serious impropriety tothe public or which may discredit or embarrassthe Civil Air Patrol and/or the United States Air Force.
Procedures Preliminary to ConveningNational Board.a.
Charges of personal misconduct by the National Commander or National ViceCommander must be forwarded immediately tothe National Legal Officer who must promptlynotify the National Commander, National ViceCommander, and Commander CAP-USAF, andcause the charges to be investigated. The National Legal Officer, within 45 days, shallmake findings and determine if “probablecause” exists; that is, whether the charges, if true, are sufficient to warrant removal and, if so, are supported by any facts. Promptly uponcompletion of the findings and determination,the National Legal Officer in all cases shall promptly provide all members of the NationalBoard with copies of the charges, results of theinvestigation, findings, and determination. Acopy shall also be provided promptly to theSAF/MIR.
If the National Legal Officer determinesthe existence of probable cause, the NationalBoard shall convene within 45 days to consider and vote on the issue of removal, and thesubject officer shall be in a suspended statusuntil the issue is decided by the National Board.
If the National Legal Officer determinesthat no probable cause exists, a ballot shall befurnished to each member of the National Board by which the members of the National Boardmay vote to convene to consider and vote on theissue of removal. Ballots must be returned tothe National Legal Officer within 5 businessdays following the date on which the ballots aresent. If more than 50 percent of the members of the National Board vote in favor of convening,then the National Board shall convene within 45days to consider and vote on the issue of removal, and the subject officer shall be in a
suspended status until the issue is decided by the National Board. If more than 50 percent of themembers of the National Board fail to vote in favor of convening, then all considerations of removalshall be concluded. The ballots shall be kept under seal by the National Legal Officer who shall reportonly the total vote for and against convening.
Before the National Board may consider removal of the National Commander or NationalVice Commander for reasons other than personal misconduct, a petition to remove,
CIVIL AIR PATROL National HeadquartersMaxwell AFB AL 36112-6332CAP REGULATION 35-7 (E)1 April 1997

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