AVC vs VFW
Atascosa County Cause 21-
LAWSUIT
Copyright © US Veterans Council™ 2024
AREA OF RESPONSIBILITY (AOR)
Atascosa Veteran Council™ (AVC) was designed and organized to address, not only the veteran needs, but the veteran family unit as a whole. The entity is configured to maximize quick success and establishment within the Atascosa County market, utilizing time tested non-
Because of the nature of business model AVC adopted, it was uncertain if the organization could be adapted into any National Veteran Service Organization (VSO), but several options were entertained by the Founders. After meeting with the leadership of both the American Legion Department of Texas and Veterans of Foreign Wars (VFW) Department of Texas, the VFW was selected as a franchising option.
As with any Start-
Early in the talks with the VFW Dept. of Texas Leadership, the unique objectives of AVC were conveyed to the Department Commander. Knowing that other VFW Posts occupy Atascosa County and knowing the instant impact AVC would have in the community, AVC founders discussed the establishment of Areas of Responsibility (AOR’s), believing that such action could help identify and safeguard each Posts unique community service programs, reduce duplication and reduce community confusion when AVC came online. AVC’s Cofounder Steve Mueller met with VFW Dept. of Texas Commander Edward C. Torres and his Chief of Staff Larry L. Sanders on not one, but two separate occasions to discuss Mueller’s concerns and request for establishing AOR’s, however Mueller’s request was subsequently denied by Torres, with Torres stating, “San Antonio Post don’t have this problem, and they are all in the same city”.
Email from Mueller to Edward Torres/ Larry Sanders concerning "AOR" & Housing Program. (AOR)
07/04/2017
Letter attached to 7/4/2017 Email. (AOR)
Within three months of launch, what was believed to be a possibility, occurred with Jourdanton Police Chief Erik Kaiser contacting VFW Dept. of Texas District 20 Commander Jose Duran to inquire as to the proper protocol regarding supporting more than one Post. This was brought on by AVC’s commitment to support the “Blue Santa” Christmas programs in both the Jourdanton and Pleasanton police departments, whereas AVC provided toy donations. Additionally, Atascosa County Post 4853 conducts their annual “Toys for Tots” Program. Due to the AVC’s high visibility presence in the community, toy donations in 2017 quickly overwhelmed the post. With this excessive number of toys, AVC supported all three (3) toy collection efforts in Atascosa County, as well as AVC’s in-
Email from Jourdanton PD to Duran concerning "Projects" (AOR)
VFWP_00942-
11/18/2017
Email from Mueller to (ALL) Atascosa County Commander requesting meeting to discuss adopting Mutual AOR agreement. (AOR)
11/28/2017
By October of 2018, AVC had achieved all of its initial start-
AVC in collaboration with the Military Order of the Purple Heart conducted a Purple Heart Ceremony at Jourdanton High School. Representatives from Atascosa County VFW Post 4853 were present.
11/092018
JOURDANTON HIGH ISD PURPLE HEART CEREMONY
11/09/2018-
CATALYST EVENT
PUBLICATION OF THE 11/09/2018 PURPLE HEART CEREMONY FOR JOURDANTON ISD
Pleasanton Express Newspaper Publication "JISD a Purple Heart School" (AOR)
11/14/2018
Email from Mueller to Post 6970 Commander requesting joint meeting coordination with Post 4853 to discuss adopting Mutual AOR agreement. (AOR)
10/11/2018
10/26/2018
A meeting was subsequently held at Poteet Memorial Posy 6970 in Poteet, Texas, whereas representatives from Poteet (John E. Shipley), Jourdanton (Jeff C. Rankin & Patricia S. Hewitt) and Pleasanton (Steve Mueller, Stephanie Pino & Regina Reyna) met.
THE MEETING FAILED TO YIELD ANY MUTUAL AGREEMENT.
10/13/2018-
10/13/2018
10/17/2018-
10/17/2018
10/15/2018 Email from Shipley to Rankin/Hewitt & Mueller/Pino concerning AOR meeting. (AOR)
10/15/2018
A Conspiracy developed between Poteet Memorial Post 6970 and Atascosa County Post 4853 and the VFW Department of Texas to attempt to “define” AVC’s “geographical area”, something that, according to the VFW National By-
ORIGINAL COMPLAINT
MADE BY POTEET MEMORIAL POST 6970 COMMANDER JOHN E. SHIPLEY IN THE BEST INTERESTS OF THE POTEET POST.
Email @ 1:04 PM from Rankin to West concerning Kaiser/ Duran exchange (AOR)
11/16/2018
Email @ 08:21 AM titled "HELP" from Post 6970/Shipley to Dept. of Texas VFW/Conley (Post 6970 believed that the Pleasanton Post was coordinating a Purple Heart Ceremony for the city of Poteet & at Poteet ISD) (AOR)
11/15/2018
Email @ 11:32 AM from Shipley to Mueller & Pino (as the District 20 Commander) (AOR)
Email @ 12:12 AM from Rankin to West (AOR)
Letter from Conley to Mueller (AOR)
DEF_00400 (4)
2019 VFW NATIONAL BY-
“Posts shall be permitted to solicit funds or donations only as prescribed in Section 214 of the Manual of Procedure.”
2019 VFW NATIONAL MANUAL OF PROCEDURES SEC. 214 Pg. 70
“Posts may solicit funds or contributions or otherwise engage in fund-
SOLICITATION OF FUNDS
Section 214 of the VFW National By-
Assuming AVC is a legitimate VFW Post three questions remain;
1. What is a Post’s “immediate geographical area” or “community of the Post”?
2. How is a Posts “immediate geographical area” or “community of the Post” defined?
3. Who is responsible for defining a Posts “immediate geographical area” or “community of the Post”?
The VFW National By-
BUSINESS NAME AND TITLE
Accepting the Post Business title as the defining factor in dictating a Post Geographic Area, If a Posts “immediate geographical area” or “community of the Post” is indeed defined by its business name, what would the “immediate geographical area” or “community of the Post” be for Atascosa County Posts?
At the beginning of 2019, within the legal boundaries of Atascosa County were allegedly four (4) VFW Posts, each with a unique name and VFW issued 4 to 5 digit identifier. If Poteet Memorial Post 6970 has “Poteet” in its title, is it to be assumed that Post 6970 is confined to the city limits of Poteet for conducting Fundraising or Projects? If Atascosa County Post 4853 has “Atascosa County” in its title, is it to be assumed that Post 4853 can conduct Fundraising or Projects anywhere in Atascosa County or is it confined to the city limits of Jourdanton, even though “Jourdanton” does not appear anywhere in its title? AVC (Formerly known as Pleasanton VFW Post 12162) “immediate geographical area” or “community of the Post” was identified and “defined”, by Ingeborg A. Conley, to be the city limits of Pleasanton.
If we are to assume that Conley interpreted Section 214 to mean the city limits and a Post “immediate geographical area” or “community of the Post” is identified by its business title, then why doesn’t Atascosa County Post 4853 have open reign within the borders of Atascosa County? Why was Poteet Memorial Post 6970 or Lytle Post 12041 or AVC (AKA Pleasanton VFW Post 12162), that formed after Post 4853, even be allowed to form in the first place, or if the Atascosa County Post had already claimed Atascosa County as their “immediate geographical area” or “community of the Post”, how then can these Posts prevent Post 4853 from Fundraising or conducting Projects within the city limits of Poteet, Pleasanton or Lytle or anywhere within Atascosa County?
MORE THAN ONE POST OPERATING IN A CITY
Posts operating within the same city limits is not new by any means and brings on a new dilemma for establishing and maintaining areas, especially for high density areas such as large cities such as San Antonio, Dallas and Houstin. Why are there numerous VFW Posts located within the city limits of San Antonio, but are seemingly not restricted or regulated in any way as to where within the San Antonio they can be permitted to “Fundraise” or conduct Community Service “Projects”? Regarding the physical location of a Post. If a Post location determines a “immediate geographical area” or “community of the Post”, why then are there so many Posts in San Antonio? What identifies the boundaries of these Posts or what is their “immediate geographical area” or “community of the Post”, since they all fall within the city limits of San Antonio?
COMMUNITY
What is the “community of the Post”? “Community” is defined outside of the VFW National By-
DIGITAL WORLD
The VFW Department of Texas Instituted and launched a completely online “digital” VFW Post. How can this Posts “immediate geographical area” or “community of the Post” be defined, as prescribed in Section 214? There is no Physical location, and its community can be anyone and anywhere? How would Section 214 apply to a Post that has no physical location and where the membership lives in various and numerous physical locations? Furthermore, how can one regulate fundraising activity? If a resident of Poteet, joined this online Post, where the membership elected to conduct “fundraising” for their Post youth scholarship, and this member sold raffle tickets at a public event in Poteet, is the Member Fundraising outside of the Posts “immediate geographical area” or “community of the Post”?
ONLINE FUNDRAISING
Section 214 states; “A Post may solicit funds or donations utilizing web-
CONCLUSION
AVC Directors and Officers met, after the receipt of Ingeborg A. Conley’s 11/15/2018 Cease in Desist Letter to discuss the validity of the order itself, the VFW National By-
Furthermore, the Directors were still uncertain if the Post was properly instituted into the VFW, if it wasn’t, then the discussion of how Section 214 would apply would be irrelevant, as the Post would not be subject to any provisions contained in the VFW National By-
Furthermore, it was acknowledged that this course of action to accuse AVC and Steve Mueller of violating Section 214 was first initiated by Poteet Memorial Posy 6970 Commander John E. Shipley, and could have been motivated by Post 6970’s refusal to enter into a mutual agreement with Post 4853 and AVC to define each Posts Areas of Responsibility on 10/26/2018. No doubt, if an agreement could have been reached on that date, Compliance with Section 214 or the debate concerning what is or what isn’t a Posts “immediate geographical area” and “community of the Post” wouldn’t have been an issue on 11/15/2018.
In the event Post leadership interpretation may be incorrect and to ensure compliance, It was decided to present these concerns to the Post Membership at the next Post Meeting and request authorization from the Membership to “Secure Legal Counsel to represent Pleasanton VFW Post 12162 in all current and future post franchise disputes, By-
OFFICERS: DUTIES AND OBLIGATIONS
2019 VFW NATIONAL BY-
“(a) Officers.
(1) Commander. Among the duties of a District Commander, the Commander shall:
a. Preside at all meetings of the District conducting such convention and meetings in accordance with Article X and other applicable parliamentary rules and procedures.
b. Promote schools of instruction for Post officers at District meetings.
c. Enforce strict observance of the laws and usages of this organization, including District and Department Bylaws and the Congressional Charter, National Bylaws, Manual of Procedure and Ritual and all lawful orders from proper authorities.
d. Insist that District business and activities are conducted in such a manner that they do not violate any applicable governmental law, ordinance or regulation nor bring or tend to bring dishonor or embarrassment on the District, its members or the Veterans of Foreign Wars of the United States.
e. Decide all questions of law and usage in the District, subject to an appeal pursuant to these bylaws.
f. Appoint officers, committee chairmen and committees not otherwise provided for. The Commander may remove such appointed officers, committee chairmen and committees at their pleasure.
g. Approve all disbursements of funds properly authorized by the District.
h. Assure that the office of District Quartermaster is bonded according to Section 703 of these bylaws.
i. Assure that all monies due the Department and National Headquarters are forwarded promptly.
j. Assure that all reports are correctly prepared and promptly forwarded and that all the business of the District is handled with dispatch.
k. Assure that the District Trustees have examined the books and records of the District and prepared the District Trustees Report of Audit. The Commander shall forward a copy within thirty (30 days) to the Department Quartermaster for referral to the Department Inspector.
l. Assure that the District Inspector has properly inspected the books and records of the Posts within the District in accordance with the Department Bylaws or as directed by the State Commander.
m. Assure that eligible veterans are encouraged to join and maintain membership.
n. Be an ex-
2019 VFW NATIONAL BY-
“(a) Officers.
(1) Commander. Among the duties of a Department Commander, the Commander
shall:
a. Preside at all meetings of the Department conducting such conventions and meetings in accordance with Article X of the Bylaws and Manual of Procedure and other applicable parliamentary procedures.
b. Enforce strict observance of the laws and usages of this organization, including Department Bylaws and the Congressional Charter, National Bylaws, Manual of Procedure and Ritual and all lawful orders from proper
authorities.
c. Insist that Department business and activities are conducted in such a manner that they do not violate any applicable governmental law, ordinance or regulation nor bring or tend to bring dishonor or embarrassment on the
Department, its members or the Veterans of Foreign Wars of the United States.
d. Decide all questions of law and usage in the Department, subject to an appeal pursuant to these bylaws.
e. Appoint officers, committee chairmen and committees not otherwise provided for. The Commander may remove such appointed officers, committee chairmen and committees at their pleasure.
f. Approve all disbursements of the funds properly authorized the Department Council of Administration.
g. Assure that the office of Department Quartermaster is bonded according to Section 703 of these bylaws.
h. Assure that all monies due the National Headquarters and received by the Department are forwarded promptly.
i. Assure that all reports are correctly prepared and promptly forwarded and that all the business of the Department is handled with dispatch.
j. Assure that eligible veterans are encouraged to join and maintain membership.
k. Assure the books and records of the Department are properly audited.
l. Be an ex-
2019 VFW NATIONAL BY-
“(a) Commander-
Commander-
(1) Preside at all meetings of the National Convention and Council of Administration, conducting such conventions and meetings in accordance with Article X of the Bylaws and Manual of Procedure and other applicable parliamentary procedures,
(2) Enforce strict observance of the laws and usages of this organization, including the Congressional Charter, National Bylaws, Ritual and Manual of Procedure and all lawful orders and mandates of the National Convention and National Council of Administration.
(3) Decide all questions of law and usage, subject to such appeal as may be made pursuant to these bylaws.
(4) Issue such orders as are necessary and appropriate to carry out their duties.
(5) Insist that the business and activities of the organization are conducted in such a manner that they do not violate any applicable governmental law, ordinance or regulation or bring or tend to bring dishonor or embarrassment on this organization.
(6) Immediately after entering office, Adjutant General, Chief of Staff, Inspector General, and Sergeant-
(7) Approve and sign, or authorize the Adjutant General to approve and sign, vouchers for expenditure of funds before the same shall be paid.
(8) Assure that good and sufficient security in the sum approved by the National Council of Administration is given by the Quartermaster General.
(9) Assure that all reports are correctly prepared and that all business of the Veterans of Foreign Wars of the United States is handled with dispatch.
(10) Assure that the Adjutant General and all other officers, committee chairmen, committee members and employees appointed by the Commander-
(11) Call a meeting of the National Council of Administration not more than ninety (90) days after the adjournment of the National Convention for the purpose of adopting the annual budget and the transaction of any business which may properly come before the National Council of Administration. Other meetings of the National Council of Administration may be called as the Commander-
(12) Cause the Adjutant General to issue proper credentials to all elected and appointed National officers, aides and other subordinate officers.
(13) Assure that eligible members are encouraged to join and maintain membership. The Commander-
(14) Perform such other duties as are incident to such office or may from time to time be required by the laws and usages of the organization or by the National Convention, National Council of Administration or these bylaws and the Manual of Procedure. Failure without just cause to perform these duties may result in removal from office.”
“Defining” a Post’s “Immediate Geographic Area” or “Community of the Post” is not listed as a Obligation or Duty of a District Commander.
“Defining” a Post’s “Immediate Geographic Area” or “Community of the Post” is not listed as a Obligation or Duty of a Department Commander.
“Defining” a Post’s “Immediate Geographic Area” or “Community of the Post” is not listed as a Obligation or Duty of a VFW National Commander-
Email from West to ALL Texas VFW Posts concerning Section 214 (AOR).
VFWP_01072-
12/20/2018
The email from West, seemed to be a threat to AVC, even drawing questions and comments from Post Leadership as to what specifically was the point of it. Indeed the email appeared to be targeted at the events and debate surrounding the improper defining of AVC’s “Immediate Geographic Area” by Conley. A Warning not to pursue any action to challenge it or their could be consequences.