New Bern, North Carolina
the whitehurst-ware post no. 539
american legion
The American Legion
CONSTITUTION & BY LAWS
PREAMBLE TO THE CONSTITUTION OF THE AMERICAN LEGION
THE AMERICAN LEGION
WHITEHURST-WARE POST 539
CONSTITUTION AND BY-LAWS
For God and Country we associate ourselves together for the following purposes: To up-hold and defend the Constitution of the United States; To maintain law and order; To foster and perpetuate a one hundred percent Americanism; To preserve the memories and incidents of our associations in the Great Wars; To inculcate a sense of individual obligation to the community, state and nation; To combat the autocracy of both the classes and masses; To make right the master of might; To promote peace and good will on earth; To safeguard and transmit to posterity the principles of justice, freedom and democracy; To consecrate and sanctify our comradeship by our devotion to mutual helpfulness.
CONSTITUTION
WHITEHURST-WARE POST 539
THE AMERICAN LEGION
DEPARTMENT OF NORTH CAROLINA
ARTICLE I - NAME
Section 1. The name of the organization shall be the Whitehurst-Ware Post 539, The American Legion, Department of North Carolina.
ARTICLE II - PURPOSES
Section 1. The objects and purposes of this American Legion Post shall be to promote the principles and policies as set forth in the foregoing preamble, and the national and departmental Constitutions of The American Legion.
ARTICLE III - NATURE
Section 1. This Post shall be a civilian organization with no member being addressed by his/her Service, or Civilian title in any Post meeting with membership herein not effecting liability for Po-lice or Military Service.
Section 2. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking political office or preferment.
Section 3. Rank does not exist in the American Legion; no member shall be addressed by his military or naval title in any meeting of this American Legion Post.
ARTICLE IV - ELIGIBILITY
Section 1. Eligibility for membership shall be as set forth in the National Constitution of the American Legion.
Section 2 . Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the American Legion Post Executive Committee.
Section 3. All applications for membership shall be acted upon at the next American Legion Post meeting following the making of such application, and shall at such meeting be accepted, rejected, or referred for further investigation and consideration. If one-third or more members present cast their vote against the acceptance of said application, then such application shall be recorded as rejected. A rejected application shall not again be considered until after the expiration of six months from the date of such rejection.
Section 4. Any member of this American Legion Post may be expelled for cause by a two-thirds vote of the Executive Committee after charges are preferred under oath in writing and a fair trial had upon the same per the Constitution and Bylaws of The American Legion Department of North Carolina, Inc.
Section 5. A member who has been expelled or suspended from this American Legion Post for any cause may be reinstated to membership by a two-thirds vote of the membership present in American Legion Post meeting, and the payment of current dues for the year in which the reinstatement occurs.
Section 6. No person who has been expelled by an American Legion Post shall be admitted to membership in this American Legion Post, without the consent of the expelling American Legion Post, except that where such consent has been asked for and denied by such American Legion Post, he may then appeal to the state Executive Committee of the American Legion Department of North Carolina, Inc. of the expelling American Legion Post for permission to apply for membership in this American Legion Post, and shall be ineligible for membership until such permission is granted.
Sections 2 through 6 added from Department template
ARTICLE V - OFFICERS
Section 1. The administrative affairs of this American Legion Post of The American Legion shall, except as may be otherwise provided by the By-Laws, be under the supervision of an Executive Committee which shall consist of newly elected officers as members in addition to the outgoing Commander of the American Legion Post. The term of office of members of the Executive Committee shall be for an unlimited time and replaced at any new election subject to resignation, death or conduct unbecoming, when post officers are elected. This American Legion Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.
Section 2. The officers of this American Legion Post shall be a commander, a 1st vice commander, a 2nd vice commander, an adjutant, a finance officer, an American Legion Post historian, an American Legion Post chaplain, American Legion Post service officer, American Legion Post judge advocate a sergeant-at-arms, and an assistant sergeant-at-arms who shall be nominated from the floor at the meeting preceding the annual election.
Section 3. All officers and executive committeemen shall be elected annually, and they shall hold office until their successors are duly installed or as otherwise provided. Any officer or executive committeeman may be removed for inefficiency by the Executive Committee, a two-thirds vote of said Executive Committee being necessary to affect such removal.
Section 4. Every member of this American Legion Post in good standing shall be eligible to hold office in this American Legion Post.
Section 5. The duties of officers and the executive committeemen shall be those usually appertaining to such officers or committeemen and as further provided in the By-Laws.
Section rewritten based on Department template
New sections from Department Template
ARTICLE VI - Finance
Section 1. The revenue of this American Legion Post shall be derived from membership or initiation fees, from annual membership dues and from such other sources as may be approved by the American Legion Post Executive Committee.
Section 2. The amount of such membership or initiation fees and the amount of such annual American Legion Post dues shall be fixed and determined by its American Legion Post members at the annual meeting.
ARTICLE VI - Dues
Section 1. The initial dues of the Post will be established by the Executive Committee. Annual membership dues may be increased or decreased as established by the Executive Committee and approved by the Post membership.
Section 2. Post membership shall be for the annual period from July 1st to June 30th. Dues are payable on or before July 1st of the current year. If dues are not paid prior to August 31st, the member is classified as delinquent in the Post. If dues are still delinquent on February 1st, the member is suspended in the Post. A member has until June 30th to pay his/her back dues or be dropped from the roll by National Constitution mandate and his membership is terminated.
Section 3. The fiscal year of the Post is July 1st to June 30th.
Section 4. The American Legion Post shall pay to departmental headquarters the national and departmental annual membership dues for every member of the American Legion Post within thirty days of the receipt of said dues.
Section 5. There will be an annual audit of the American Legion Post Finance Officer accounts and all committees having bank accounts. The audit will be conducted in January (or at a change of Finance Officer) by one member of the Executive Committee, one member from general membership and custodian of said account (Finance Officer or Committee Chair). The American Legion Post Commander may assign a member in good standing to assist whom may have prior auditing experience. These audits include the Legion Riders, Legion Baseball, Legion Softball, Sons of the American Legion, Membership, and any other committee.
Section 6. All committees having a bank account will provide a monthly reconciliation of income and expenses reports to the Finance Officer. The Finance Officer will report these reconciliations to the general membership, along with a report of the general fund, at the monthly general meeting. The finance officer will provide a format for the report. The finance officer shall have access as a signature on such account and all banking accounts will be mailed to the post address to the attention of the finance officer. All members who have access to the post banking accounts, cash or any security or funds shall be bonded in the amount determined by the American Legion Post executive committee.
Approval changed from Executive Committee to General Membership per Department Template. Also dropped active-duty member provisions.
Added from Department Template
ARTICLE VIII - AUXILIARY UNITS
Section 1. This American Legion Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Whitehurst-Ware Post 539, The American Legion.
Section 2. Membership in the Auxiliary shall be as prescribed by the national Constitution of the American Legion Auxiliary.
ARTICLE IX - AMERICAN LEGION RIDERS
Section 1. The Post recognizes the auxiliary organization known as the American Legion Riders Chapter 539.
ARTICLE X - AMENDMENTS
Section 1. This Constitution is adopted subject to the provisions of the national Constitution of the American Legion and of the department Constitution of The American Legion Department of North Carolina, Any amendment to said national Constitution or Department Constitution which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.
Section 2. This Constitution may be amended at any regular American Legion Post meeting by vote of two-thirds of the members of said American Legion Post attending such regular meeting, providing that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said American Legion Post, and providing, further, that written notice (mail or electronic) shall have been given to all members, the department commander, department adjutant, the department judge advocate, the division commander and the district commander at least 60 days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the Constitution is to be voted upon.
Paragraph added per Department template. 60 days is consistent with our current three separate readings.
ARTICLE XI - OMISSIONS
Section 1. Any questions of procedure not otherwise provided for in this Constitution or By-Laws, will be governed by the National or Department of North Carolina Constitution of the American Legion or by Roberts Rules of Order.
(This area left blank to allow notations of future amendments.)
BY LAWS
WHITEHURST-WARE POST 539
THE AMERICAN LEGION
(As amended May 20, 2015)
ARTICLE I
Section 1. The American Legion Post existing under these By-Laws is to be known as Whitehurst-Ware Post 539, Department of North Carolina.
Section 2. The objects of this American Legion Post are set forth in the Constitution.
Added per Department Template
Article II -Management
Section 1. The government and management of the American Legion Post is entrusted to an Executive Committee of members to be known as the “Executive Committee”, which is the elected board of directors of this incorporation. At the April general meeting the nominating committee will present a slate of officers and the constitution and by-laws committee will present any proposed changes to the constitution or by-laws. The May general meeting will be considered the post’s annual meeting. The annual meeting will consist of at least the election of new officers, the presentation of the proposed annual budget, and any by-laws changes (second reading). The installation of new officers and the member approval of the annual budget and any by-laws changes will occur at the June general meeting.
Section 2. The Executive Committee shall consist of officers of the American Legion Post and the immediate Past Commander, who is a non-voting, ex-officio member. Officers of this American Legion Post shall be elected annually at the May meeting and take office at the meeting next following that of the election. All elections of officers shall be by written vote and the candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates. If candidate’s position is unopposed then he/she may be elected by verbal vote.
Section 3. All Officers of this Post will be elected by the Post as prescribed herein, with the following exceptions: Adjutant, Judge Advocate, Chaplain, Member(s)-at-Large and the Service Officer who will be appointed by the Post Commander-elect and their names submitted to the Executive Committee for discussion following their appointments and prior to installation into office.
Section 4. An elected Officer may also hold an appointive office, but may not concurrently hold more than one elected office.
Section 5. The following elected officers may not hold that office for more than 3 consecutive years and must vacate that office for a period of 2 consecutive years before being reelected to the same office.
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Post Commander
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Post 1st Vice Commander
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Post Sergeant-at-Arms
Other elected officers may continue to serve indefinitely as long as they continue to be elected and perform the duties their offices in a satisfactory manner.
Implied requirement from Department template to set an annual meeting and to set timelines for presentation and approval of the budget and any by-laws changes.
Added by recommendation
ARTICLE III - Vacancies
Section 1. All vacancies existing in the Executive Committee, or in any office of the American Legion Post from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the post executive committee, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer whom he succeeds. A vacancy shall exist when a member or officer is absent from his American Legion Post for a continuous period considered detrimental to the interest of the American Legion Post by the Executive Committee.
ARTICLE IV - American Legion Post Executive Committee
Section 1. The American Legion Post Executive Committee shall meet for organization and such other business as may come before it at the call of the American Legion Post commander within 10 days after the installation of the new officers. Thereafter the American Legion Post Executive Committee shall meet at the call of the Commander at least every month and as often as said commander may deem necessary. The Commander shall call a meeting of the American Legion Post Executive Committee upon the joint written request of three or more members of said American Legion Post Executive Committee. Fifty one percent of the members of the executive committee shall constitute a quorum thereof.
Section 2. Each year, during the 5-year period of the Strategic Plan, the Executive Committee will determine the priorities for that year through an annual Business Plan, consistent with the strategic goals, objectives and activities identified in the Strategic Plan. The Strategic Plan is a living document and will be reviewed as needed, but no less than annually, by the Executive Committee.
Section 3. The Post Financial Officer shall present an annual proposed budget to the executive committee prior at the May executive committee meeting for presentation at the May general meeting and adoption at the June general meeting. For ease of accounting and auditing, this budget will consist of two sections the general fund and the veterans service fund. The budget shall show the projected revenues and expenditures of each fund separately and be tracked separately. The Executive Committee shall review and approve the proposed annual budget and amendments thereto submitted by the Finance Committee or Finance Officer before presentation to the Post for final approval. They shall approve proposed expenditures for all unbudgeted items over two hundred ($200.00) dollars prior to presentation to the Post for final approval. The only individuals of this Post who shall have custody of Post funds are the Post Commander, Post Adjutant and Post Finance Officer and these individuals shall be bonded.
Section 4. Minutes of the Executive Committee meeting shall be available at each general Post meeting.
Section 5. The Executive Committee shall recommend the removal of any Post Officer to the membership for approval. (See Article 3, section 5 or Article 8, section 1)
Section 6. The Executive Committee has the authority in all matters affecting the maintenance of discipline and good conduct among the members of the Post.
Section 7. Delegation of these authorities and/or functions to the Post Executive Committee shall not be intended to usurp the powers of the membership through general Post meetings.
Section 8. All meetings of the Executive Committee shall be open to all members of Post 539. The meetings shall be closed only when personnel matters come before the committee.
Section 9. The American Legion Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of American Legion Post funds; shall hear the reports of American Legion Post committee chairmen; and, generally, shall have charge of and be responsible for the management of the affairs of the American Legion Post.
Article V – Duties of Officers
Section 1. Duties of American Legion Post Commander. It shall be the duty of the American Legion Post Commander to preside at all meetings of the American Legion Post and to have general supervision over the business and affairs of the American Legion Post, and such officer shall be the chief executive officer of the American Legion Post. He/she shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the American Legion Post for the year, and recommendations for the ensuing year, which shall be read at the annual meeting. He shall perform such other duties as directed by the American Legion Post.
Section 2. Duties of the Vice Commanders. The Vice Commanders shall assume and discharge the duties of the office of commander in the absence or disability of, or when called upon by, the American Legion Post Commander. A partial list of the duties of the Vice Commanders are specified in the Officer’s Guide and Manual of Ceremonies. The 1st Vice-Commander will assume the duties of the Commander in his absence and make membership his primary concern. He/she may counter-sign checks in the absence of the Commander or the Finance Officer. The 2nd Vice-Commander is responsible for creating and maintaining an atmosphere in the Post that encourages members to enjoy Legion activities. He/she is also responsible for fund raising and patriotic activities.
Section 3. Duties of American Legion Post Adjutant. The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the department and national organizations may require, render reports of membership annually or when called upon at a meeting, and under direction of the commander handle all correspondence of the American Legion Post. He/she is also responsible for correspondence and secretarial work of the Post under the direction of the Commander and will keep such records as the Post Commander and National and Department Headquarters requires. To further aid in the communication of the Post, the Adjutant is authorized to update and maintain the internet e-mail and or website address of those members who consent to provide on request.
Section 4. Duties of the Finance Officer. The Finance Officer of the American Legion Post shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall report once a month to the Executive Committee the condition of the finances of the American Legion Post, with such recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the American Legion Post. He shall sign all checks disbursing the moneys of the American Legion Post. The American Legion Department of North Carolina American Legion Post provides a surety bond for all members of the American Legion Post in the amount of $25,000. The Executive Committee will determine if additional Surety Bonds are required.
Section 5. Duties of American Legion Post Historian. The American Legion Post Historian shall be charged with the individual records and incidents of the American Legion Post and American Legion Post members and shall perform such other duties as may properly pertain to the office as may be determined by the American Legion Post or the Executive Committee. The Historian will maintain a record of Post activities and prepare a book, which at the end of the year will be given to the Post Adjutant for filing as a permanent Post record. He/she will submit a report each year to the Department Historian and perform other duties as requested by the Post Commander.
Section 6. Duties of American Legion Post Chaplain. The American Legion Post Chaplain shall be charged with the spiritual welfare of the American Legion Post comrades and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc., adhere to such ceremonial rituals as are recommended by the national or department headquarters from time to time.
Section 7. Duties of American Legion Post Judge Advocate. The Post Judge Advocate shall advise and council the Post Officers and the Post Executive Committee on all matters and shall perform such other duties as are usually incident to the office. On any legal matters, the Post Judge Advocate shall immediately contact the Department Judge Advocate for assistance.
Section 8. Duties of sergeant-at-arms and assistant. The sergeants-at-arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to them by the American Legion Post Executive Committee.
Section 9. Duties of committee chairman having a checking account or debit card access or electronic funds transfer access. They shall report once a month to the Finance Officer the condition of the finances of their committee and shall provide copy of all bank account statements. The American Legion Post finance officer shall be an authorized signatory on all committees’ financial accounts.
Section 10. The Service Officer will render aid and assistance to veterans and their dependents. He/she will maintain contact with the State Service Officer and the National and Department Re-habilitation Commission so that he/she is kept informed of laws regarding aid to veterans and their dependents. He/she will be given a line-item budget in both the general and veterans funds which will be approved as part of the normal budget process. He/she may request disbursement from the approved budget Veterans Service Fund, under supervision of the Commander, and will report all expenditures from said Fund to the Post membership at the next regular meeting. He/she will submit a year-end report to the Department Rehabilitation Commission Chairperson.
Section 11. The Executive Committee Member(s)-at-Large will assist in the management and general supervision of Post affairs. Not charged with specific duties, he/she will represent the membership and may, from time-to-time, be asked by the Commander to perform other assigned duties. The Member(s)-at-Large position, will be appointed by the Commander, on an “as needed basis”, and for a period of time decided by the Commander. This position will be filled by a Post member, who may have a specific expertise, relating to issues and/or activities, being addressed by the Executive Committee. These are non-voting positions. Committee Chairs may be requested to attend Executive Committee meetings, as necessary, to provide status of their committee’s activities. It should be noted that when in attendance, Committee Chairs will not have voting rights during said meetings.
ARTICLE VI - Removal From Office
Section1. A Post Officer can only be removed from office for disloyalty, neglect of duty, dishonesty, or conduct unbecoming a member of the American Legion. Conduct unbecoming may include but is not limited to sexual harassment or gender or racial discrimination.
ARTICLE VII - Records
Section 1. All records of the Post will be kept in the office of the Adjutant in the Post Headquarters. Since the Post does not own a headquarters, the Finance Officer will rent a commercial storage space to maintain all post records. They are subject to inspection at any reasonable time by any Post member in good standing. No permanent record (s) of this Post will be removed from Post Headquarters the rented commercial storage space without the approval of the Commander or the Executive Committee.
Section 2. The names and telephone numbers of the Executive Committee will be prominently displayed in the Post.
Authorized storage space added since the post does not own a headquarters
ARTICLE VIII - Membership
Section 1. There shall be no form or class of membership except an active membership, whose dues, except for PUFL (Paid Up For Life) members, shall be paid annually. A “member in good standing” is defined as a member whose dues are paid for the current year. No person may be a member of more than one Post at the same time.
Section 2. Post membership shall coincide with the period covered by the member’s most recent dues. A candidate for new membership in Post 539 must submit an application for membership, along with a DD214 showing honorable or general under honorable conditions discharge, together with his/her annual dues to the Post Adjutant, who will verify eligibility requirements. The Post Adjutant will submit the application for a vote at the next regular Post meeting. A majority vote of the membership present is required for a candidate to be elected to membership. A rejected candidate may appeal to the Executive Committee, which will investigate and render its decision at the next regular Post meeting.
Section 3. Members in good standing of other Posts may transfer their membership to Post 539, subject to the same membership requirements as those stated above for a new member. There will be no additional cost for this transfer during the current year. Any member in good standing in this Post is entitled to a Certificate of Transfer.
Section 4. New members and transfer members will immediately have the same duties, privileges, and responsibilities of current Post members.
Section 5. Members of the Executive Committee will, either jointly or individually, inform members of the PUFL (Paid Up For Life) membership plan by National and make available the appropriate application forms.
DD214 requirement added
ARTICLE IX - Charter Members
Members who joined this Post on or before April 2, 2011, shall be known as charter members.
ARTICLE X - Delegates
Section 1. Delegates and alternates to a department convention shall be elected by voice vote by the American Legion Post at a regular meeting of the American Legion Post to be held at least 20 days prior to the date of the convention. Expenditures to offset expenses incurred by the delegates attending said meetings, caucuses, or convention shall be delineated in the annual budget. The Post Commander shall appoint the Delegation Chairman from those members present.
Section 2. The Chairman of the Post delegation shall make a report to the Post Executive Committee meeting and general membership of the Post.
ARTICLE XI - Appointments
Section 1. The American Legion Post commander, immediately upon taking office, shall make a recommendation to the post executive committee for the appointment of the following standing committees as deemed necessary and in support of the approved annual budget with approval of American Legion Post executive committee: Americanism, Ceremonials, Children and Youth, Economic, Finance, Foreign Relations, Graves Registration and Memorial, House and Entertainment, Legislative, Membership, Public Relations, Sports, Veterans Affairs and Rehabilitation, National Security, Sons of The American Legion, Visiting or VAVS and a Legion Riders committee. Such standing committees shall consist of such members, and the chairman thereof, shall be designated by the American Legion Post commander. Chairmanships in descriptions are recommendations only unless specified. Duties below are general descriptions. Committee and chairman duties should be defined by the Manual of Operations/Ceremony.
Section 2. Americanism Committee. The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions; encouragement of patriotic and civic phases of instruction in schools; Americanization of aliens; combating anti-American propaganda by education of the general public in American ideals through public forums, etc., and activities for community and civic betterment. 2nd Vice Commander recommended as chair.
Section 3. Ceremonials Committee. The principal duty of the Ceremonials Committee is to ensure that all new members are properly initiated. The committee must also concern itself with proper presentation of other rituals outlined in the Manual of Ceremonies – burial detail and the wearing of Legion regalia.
Section 4. Children and Youth Committee. The Children and Youth Committee shall be charged with aid and service to children of veterans, cooperating with other established agencies in the community; laboring for the betterment of child conditions and in coordinating services and agencies in the community for the above purposes. To act as intermediary for the needy child of a veteran in obtaining the fulfillment of the Legion’s pledge that “no child of a war veteran shall be in need of the necessities of life” and “a square deal for every child.” Service Officer recommended as chair.
Section 5. Economic Committee. The American Legion Post Economic Committee is primarily Concerned with local employment programs, Veterans preference, government employment and reemployment rights.
Section 6. Finance Committee. The Finance Committee shall be charged with the administration of the financial policy, preparation of budget recommendations and supervision of receiving, disbursing, and accounting of all American Legion Post funds. The Finance Officer is the chairman of the Finance Committee. The Finance Committee shall consist of the Finance Officer, the 2nd Vice Commander, House Committee Chairman, the Post Adjutant, the Judge Advocate, and others as appointed by the Post Commander. The Finance Committee shall be charged with the preparation of an annual budget and the handling of the Post funds, however appropriated. The budget shall cover the period from July 1 to June 30 of the fiscal year. Each committee chairman and appointed officer shall submit estimates to the Finance Committee no later than April 1. The Finance Committee shall submit the proposed budget to the May Executive Committee meeting for approval prior to presenting the budget to the Post at the May general meeting for final approval at the June general meeting. The Finance Committee shall have the authority to recommend any unbudgeted Post expenses that exceeds two hundred ($200) dollars. Any expenditure over two hundred ($200) dollars must be submitted in writing to the Finance Committee for consideration prior to its recommendation to the Executive Committee.
Section 7. Foreign Relations. This committee has become active as America has recognized its responsibility as a world leader. Maintaining and securing world peace and friendship abroad through community endeavors have become as essential as any aspect of treaty law. First Vice recommended as Chair.
Section 8. Graves Registration and Memorial Committee. The duties of this committee involve recording of grave sites and complete information on veteran’s burial in cemeteries assigned to the American Legion Post. Special assistance can be given the service officer in providing flags, headstones or proper interment in national cemeteries.
Section 9. House and Entertainment Committee. The House and Entertainment Committee shall have charge of all matters pertaining to the care of the American Legion Post quarters, promotion of club advantages and arrangement for social activities. The 2nd vice commander recommended as chairman.
Section 10. Legislative Committee. The Legislative Committee needs to have a knowledge of what is going on in Congress—what we favor or oppose, and should be ready to initiate action in support of our position when requested by the national or department organization.
Section 11. Membership Committee. The Membership Committee shall have charge of all matters pertaining to the membership program of the American Legion Post, including the procuring of new members, reinstatements, and eligibility of members. These shall be presented to the Post membership for approval. If appropriate, they may be referred to the Executive Committee. Establishment of eligibility shall be determined by the Membership Committee. The 1st Vice commander is the Chairman of this committee.
Section 12. Public Relations Committee. The Public Relations Committee shall be charged with the promotion of public support of the Legion’s program by the establishment of proper contact with The American Legion Magazine, department, and national Legion news service and by local publicity of American Legion Post programs and activities. 2nd Vice Chair recommended as chair.
Section 13. Veterans Affairs and Rehabilitation Committee. The Veterans Affairs and Rehabilitation committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or state governments, employment, relief, etc. The American Legion Post Services officer is the chairman of this committee. This committee will also develop and maintain a list of expenditures authorized for veteran’s aid out of the Veteran’s Service Fund vice the Post General Fund. This list will be presented to the membership with the annual budget. This committee will also oversee those expenditures within approved budgeted amounts.
Section 14. Security Committee. The Security Committee shall work with and coordinate Legion efforts with the Local Civil Defense Council on matters pertaining to national, civilian, and home defenses. It shall assist the armed forces of the United States in recruiting efforts and in every way to be active in community activities for the defense of the nation and the security of the American home.
Section 15. Sons of The American Legion Committee. The Sons of the American Legion Committee if the post so recognized this program, shall have supervision over the operation of the Post’s Squadron of the Sons of the American Legion and shall act as a supervisory committee for this Squadron in connection with its organization, proper functioning, activities, recreational programs and educational programs. At-Large Member is recommended as chair of Sons of American Legion Committee.
Section 16. Visiting or VAVS Committee. This committee if the post so recognized this program, is charged with the visiting and comforting of members and their families when sick or bereaved and with visiting ex-servicemen in nearby hospitals. The American Legion Post Chaplain is the chairman of this committee.
Section 17. The Legion Riders Committee, if the post so recognized this program, shall work with, coordinate and shall supervise all matters pertaining to this program.
Section 18. The Building and Grounds Committee shall be responsible for the maintenance and preservation of the building and grounds of the Post. Sgt. at Arms is recommended as chair.
Section 19. Constitution and Bylaws Committee – The Constitution and Bylaws Committee shall be charged with reviewing the Post Constitution and Bylaws annually to determine their adequacy and to assure that they conform to the National and Department Constitution and Bylaws and Standing Rules of the American Legion. They shall make a report of their findings together with any proposed amendments to the Post Executive Committee. All proposed amendments shall be referred first to this committee. Adjutant is recommended Constitution and By-Laws chair.
Section 20. Ways and Means Committee – The Ways and Means Committee shall be responsible for raising funds necessary for the efficient operation of the Post and its programs. 2nd Vice Commander is recommended as the Ways and Means Chair.
Section 21. Auditing Committee – The Post Commander will appoint an audit committee of three (3) members subject to the approval of the Executive Committee. This Committee shall by July 15th of each year, arrange for an audit to be performed by qualified persons and said audit to be completed no later than September 30th of each year. Judge Advocate is recommended Audit Chair.
Section 22. Special committees may be established as deemed necessary by the Post Executive Committee. The Commander shall appoint and charge special committees with their specific duties at the time of their creation. Special Committees shall meet upon the call of their Chairman. Reports shall be given upon the request of the Commander or the Executive Committee. If a special committee has not completed their assignment by the close of the administrative year, they shall continue as appointed into the new administrative year only with the approval of the incoming Executive Committee.
Section 23. Additional Standing Committees may be established as deemed necessary by the Executive Committee and shall be appointed by the Post Commander.
ARTICLE XII - Elections
Section 1. A nominating committee, consisting of three members, only one of which can be a current sitting officer, will be appointed by the Commander sixty days preceding the date for nominations for election. They will present a qualified slate of nominees willing to accept the position for which they are nominated. Nominating Committee member (s) may also be a nominee. The nominating committee as part of their vetting process will ensure there are no conflicts of interest within the slate of nominees.
Section 2. The nominating committee will present names of the nominees to the membership at the April regular business meeting. Nominations will remain open to receive additional nominees by any other means of contact, prior to the May meeting and from the floor at the May meeting. The election will then be held at the May regular business meeting. In no case will the election of officers occur less than 10 days, nor more than 45 days before the Annual Department Convention.
Section 3. Notice of election meetings and results will be prominently displayed in the Post.
Section 4. Members eligible under the provisions of the Department Constitution may vote or hold an elected or appointive office. Officers may be renominated.
Section 5. The Commander, under the provisions of the Department Constitution, will appoint two non-nominee Post members to be the Judges-of-Election; said Judges will be announced at the election meeting immediately prior to the voting.
Section 6. Officers will be elected one office at a time, in the order listed in Department By-Laws.
Section 7. In order to vote, a member must be a post member in good standing and sign the official roster, at which time they will receive an official ballot. The Adjutant will verify if a member is in good standing.
Section 8. No ballots will be mailed except those Post members currently on active duty and/or members physically handicapped and unable to attend. An e-mail or faxed ballot will be deemed acceptable and legal. Vote by proxy is also not allowed.
ARTICLE XIII - Officer Installation
Section 1. All Post Officers will be installed by the District Commander, or his designated representative. The installation will be on a date fixed by the Commander-Elect and agreeable to the outgoing Commander but usually the June general meeting. This date will be subsequent to, but not later than 30 days after adjournment of the Annual Department Convention.
Section 2. All elected and/or appointed Officers unable to attend the Official Installation will be sworn in by the Post Commander, or his designated representative, before entering upon their duties of Office.
ARTICLE XIV - Resolutions
All resolutions of State or National scope presented to this Post by a member or reported to this Post by a committee, merely embody the opinion of this Post on the subject. A copy of same will be forwarded to the Department Headquarters for its approval before any publicity is given or action taken other than passage by the American Legion Post is taken.
ARTICLE XV - Meetings
Section 1. The regular meetings of the American Legion Post shall be held at the Knights of Columbus Lodge, Pinetree Dr, New Bern on the third Wednesday of each month, at which may be transacted such business as may properly be brought up for action; such meetings may be converted into entertainment meetings, as may be deemed advisable by the officers of the American Legion Post and moved to an alternate location.
Section 2. The American Legion Post Commander or a majority of the Executive Committee shall have power to call a special meeting of the American Legion Post at any time upon ten days written and/or electronic notice to all members of this American Legion Post.
Section 3. Upon the written request of 5 members, the committee shall call a special meeting of the American Legion Post upon ten days written and/or electronic notice to all members of this American Legion Post.
Section 4. 5% of the members shall constitute a quorum.
Section 5. The Officers will follow the American Legion Manual of Ceremonies while conducting Post meetings and ceremonies.
ARTICLE XVI - Visitors and Guests
Section 1. Any member of any American Legion Post in good standing may visit a post meeting.
Section 2. An official guest of the Post may address the membership within the framework for which they were invited. No visiting member of another Post or visitor shall have the right to vote in this Post, but may be allowed to address the membership by a majority vote of those members present. The visitor shall not speak for or against any motion, nomination, or election of officers. Violation of this section shall render the motion, nomination, or election null and void.
Section 3. All visitors must abide by the House rules.
Section 4. Any Post Officer presiding over an Executive Committee or General membership meeting may ask any visitor to leave the meeting area for any reason.
ARTICLE XVII - Notices
Section 1. Every member shall furnish the American Legion Post adjutant with his or her address for mailing purposes along with their e-mail addresses and telephone numbers.
Section 2. The American Legion Post adjutant shall cause notice of the annual election to be given at least four weeks prior thereto
ARTICLE XVIII - RULES OF ORDER
Section 1. All proceedings of this Post will be conducted under the latest edition of Roberts Rules of Order. In case of conflict, the By-Laws of this Post will prevail.
ARTICLE XIX - Limitations and Liabilities
Section 1. This American Legion Post shall incur, or cause to be incurred, no liability nor obligations whatever which shall be subject to liability any other American Legion Post, subdivision, group of men, members of The American Legion, or other individuals, corporations, or organizations.
Section 2. No property of the Post will be sold, transferred, conveyed, or otherwise disposed of without approval of the Executive Committee and the Post membership. The Commander may at his sole discretion, dispose of non-functioning Post equipment whose value does not exceed $250.00 per item. Commander. In the event of an emergency or communication with the Post Executive Committee is unfeasible, the Commander may authorize the expenditure of up to $250, without the prior consent of the membership. At the next general membership meeting, the Commander must inform the Post of the expenditure.
ARTICLE XX - Amendments
Section 1. These By-Laws may be amended at any regular American Legion Post meeting by a vote of two-thirds of the members of said American Legion Post attending such regular meeting: Provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said American Legion Post; and, provided, further, that written notice shall have been given to all members at least 60 days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the By-Laws is to be voted upon, and notice also provided to the Department Adjutant, Department Judge Advocate, Division Commander and District Commander. At the end of 60 days, the general membership will vote on the amendments. No motion will be accepted to delay, postpone, table, or otherwise kill any proposed amendment properly presented.
Section 2. A pandemic poses difficult American Legion Post management decisions for volunteer organizations like The American Legion and the membership they serve. The Executive Committee is there to make those decisions as the Board of Directors when the general membership is in a Stay-at-Home Pandemic. In absence of general membership meetings to vote on motions that may require a vote of the post membership, this committee acts with full authority on all major and minor repairs, appointments, future activities of the American Legion Post and votes to represent the members on any financial expenditures of the American Legion Post.
ARTICLE XXI - Miscellaneous
Section 1. The selling of any kind of raffle ticket or other matters not pertaining to the American Legion activities shall not be permitted at any meeting or social affair of this Post.
Section 2. Immediately upon learning of the death of a member of this Post, the Commander or Adjutant shall notify the membership of the death of one of their comrades stating the time and place of the funeral and any other pertinent information.
