Statute
This is a Courtesy Translation, for legal purposes
please refer to the German version of this page only!
Statute of the „German Phantom Squadron“
Effective 16 July 2016 (2nd change)
§ 1 Name and Legal Status
The association of former “Phantom” flyers carries the name „Deutsche Phantom Staffel“ (DPS, or “German Phantom Squadron” in English). The DPS is a discrete and independent “traditional” squadron intended for former as well as active members of the Luftwaffe (German Air Force). The association´s legal status is that of a non-registered society, which as a national group joins the „Gemeinschaft der Flieger deutscher Streitkräfte e.V.” (German Armed Forces Flyers Association) in accordance with the latter´s statute. The DPS is politically and confessionally unaffiliated.
§ 2 Purpose and Tasks
(1) The DPS fosters to the military aviation tradition with special emphasis on experiences with the „Phantom“ weapon system. Internally, the DPS primarily maintains the cooperation of its members based on fellowship and mutual respect. Externally, the DPS seeks friendly bonds and exchange with similar organizations.
The DPS sees itself as an institution with own traditions also vis á vis the younger generation flight crews of Luftwaffe flying units.
(2) As a rule, the DPS organizes meetings every 2nd year.
(3) The squadron agrees to cede realized financial surpluses to charitable organizations. Amount and intended purpose of the used means is decided by the DPS leadership with simple majority.
§ 3 Membership and Dues
(1) In principle, membership is open to any member of the German Air Force (Luftwaffe) who has successfully completed the training as pilot (LFF) or weapons system operator (WSO; KBO) on the “Phantom”, or who as flight surgeon in a German “Phantom” unit has gathered flying experience with the “Phantom”.
(2) Spouses or partners of former German „Phantom“ crew members can apply for membership without voting rights.
(3) Foreign exchange aircrew members formerly assigned to German „Phantom“ units and instructor aircrews (IP, IWSO) of other nationality which were part of the German “Phantom” training in USA can apply for membership.
(4) In case a person which does not fulfil the criteria of § 3 article 1 - 3 has rendered outstanding services to the DPS, membership can be granted as an exception. A corresponding application can only be filed by a squadron member. For any admission the unanimous acceptance of the DPS-leadership is required. The squadron members will be informed about the decision by adequate means.
(5) Any membership according to § 3 article 1 – 4 will be activated with written acceptance of statute and privacy protection regulations, and after membership fees have been received.
(6) The amount of the membership fee is determined by the Member’s General Meeting. The membership fee is to be paid yearly via debit authorization to the DPS. Members without voting rights according to § 3 article 2 pay only half of the membership fee.
(7) Membership terminates either with death of the member, dissolution of the DPS or by written resignation addressed to the Squadron-Leadership. Any membership can also be terminated immediately by unanimous decision of the Squadron-Leadership if a member violates the statues and / or harms the good reputation of the DPS.
The membership rests if dues are not or no longer paid
§ 4 Structure
The association‘s institutions consist of
- The Members Assembly
- The Squadron Leadership (Directorate)
§ 5 Members Assembly
(1) Meetings corresponding with § 2 article 2 are regular Member Assemblies as defined by German law applicable to such assemblies.
(2) Their priority tasks are the
- acceptance of the Directorate´s report, including cash auditing
- discussion of members´ petitions
- determination of annual membership fees
- decisions about changes to the Statute
- in a 4 year cycle relief and election of the Directorate and
- if necessary, dissolution of the squadron
(3) The Members Assembly is to be convened by the DPS-Leadership with a deadline of at least 14 days. It is quorum capable irrespective of the number of actual participants; members can transfer their voting rights with written authorization. However, any squadron member can only represent a maximum of five further squadron members. DPS-members with resting membership and members according to § 3 article 2 have no voting rights.
(4) Decisions which have to be taken by the Members Assembly must be submitted to the members’ attention at the latest with convening of the Members Assembly. Comments with regard to the matter in question have to be addressed to the Directorate until at least one week before the Members Assembly. Progress report and decision recommendation will be delivered to the Members Assembly by the DPS-Leadership.
(5) The Members Assembly is headed by a member of the DPS-Leadership.
(6) The Members Assembly decides by acclamation. As a rule, decisions are taken with simple majority. Changes to the Statute and the dissolution of the DPS require at least a three quarter majority of present members including the mandated authorizations.
(7) When implementing the decisions taken by the Members Assembly the DPS-Leadership act “on behalf”.
(8) Extraordinary Members Assemblies will be convened if from the Directorate´s point of view deemed necessary in the interest of the DPS, or if 20% of members entitled to vote demand such under specification of reasons in writing from the Directorate. Otherwise, the regulations of passages (3) to (7) apply.
§ 6 Squadron Leadership (Directorate)
(1) The Squadron Leadership constitutes the Directorate according to German law applicable for associations similar to DPS and consists of
- "Squadron Commander" (President)
- "Operations Officer" (Director and Deputy Squadron Commander)
- "Duty Officer" (Secretary)
- "Accountant" (Treasurer)
(2) For additional support, the Squadron Leadership may appoint one Flight Commander (Observer) per former „Phantom“ base as well as a Webmaster and a Webshopmaster out of the members´ ranks.
This group of persons participates in the decision making process of the Squadron Leadership in an advisory function (Extended Directorate).
The Flight Commanders in particular are to maintain links to the former “Phantom” bases and their “Phantom”-traditional units
3) As a rule, the Squadron Leadership is elected for a term of four years. Reelection is permitted. It remains in office until a new leadership is elected. In case of premature withdrawal of individual members, the Squadron Leadership can entrust other squadron members with their tasks until the next election.
(4) Insofar as this statute does not stipulate otherwise, the Squadron Leadership decides with simple majority. In a stalemate, the Squadron Commanders vote counts double.
(5) Principal means of information dissemination from the Directorate to the members are the DPS internet-homepage (www.phantomstaffel.de) and the Squadron Leadership´s circular letters.
§ 7 Relationship between "Deutsche Phantom Staffel" (DPS) and "Gemeinschaft der Flieger deutscher Streitkräfte e.V." (GdF)
(1) The DPS acknowledges the GdF statute.
(2) Individual membership in the GdF as well is open for every member of the DPS. It is neither a precondition for DPS-membership, nor is it automatically acquired via joining of the GdF as a group.
§ 8 Dissolution
(1) Any dissolution of the DPS requires the request to do so of at least 2/3 of members entitled to vote. It must be addressed to the Squadron Leadership in writing with a statement of reasons. The request must be disseminated to all members, at the latest when calling for a Members Assembly. In this case, at least 50% of members entitled to vote must be present at the Members Assembly.
(2) During the course of the Members Assembly the requesters have the opportunity to justify their request. The Members Assembly decides on the request after it has been discussed.
(3) In case the DPS is to be dissolved the squadron assets at hand fall to a charitable organization with close ties to the German Armed Forces. The Squadron Leadership decides about the allocation with simple majority.
§ 9 Entry into Force
This statute was enacted on 28 June 2013 by the Members Assembly.
1. Change by Members Assembly 25 July 2014.
2. Change by Members Assembly 16 July 2016.
This is a Courtesy Translation, for legal purposes
please refer to the German version of this page only!
Translated by Jürgen Erbeck 13 May 2018