Post Constitution and
By-Laws
Post Constitution (as approved 22 Jan
2008)
[click here for a Word version of the Constitution]
[click here for a Plain Text version of the Constitution]
The American Legion
Department of Colorado
ERIC V. DICKSON POST 1980
CONSTITUTION
Preamble
For God and
Country, we associate ourselves together for the following purposes: To uphold
and defend the Constitution of the United States of America; 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 the 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.
Article I—Name
Section 1. The
name of this organization shall be Eric V. Dickson Post 1980, The American
Legion, Department of Colorado. Its location shall be in the city of Woodland
Park, Teller County, Colorado.
Article II—Objects
Section 1. The
objects and purposes of this Post shall be to promote the principles and
policies as set forth in the foregoing preamble, and the National and Department
of Colorado Constitutions of The American Legion.
Article III—Nature
Section 1.
This Post is a civilian organization and membership therein does not affect or
increase liability for military or police service.
Section 2.
This organization shall be absolutely nonpolitical and shall not be used for the
dissemination of partisan principles or for the promotion of the candidacy of
any person seeking public office or preferment.
Section 3.
Rank does not exist in The American Legion; no member shall be addressed by his
military title in any meeting of this Post.
Article IV—Membership
Section 1.
Eligibility to membership in this Post shall be as prescribed by the National
Constitution of The American Legion, and all active members in good-standing
shall have a vote in all general meetings and elections.
Section 2.
Application for membership shall be made in writing and include presentation of
the applicant’s proof of HONORABLE service (copy of Discharge Certificate or
DD214 required).
Section 3.
The Adjutant will confirm the applicant’s eligibility for membership. After
the membership eligibility is confirmed, at the next Post meeting the Adjutant
(or other designated officer) will present the new member to the Post.
Section 4.
Any member of this Post may be expelled for cause by a two-thirds vote of the
membership after charges are preferred under oath, in writing, and a fair trial
had upon the same.
Section 5.
A member who has been expelled or suspended from this Post for any cause may be
reinstated to membership by a two-thirds vote of the membership present in a
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 a Post shall be admitted to membership in
this Post without the consent of the expelling Post, except that where such
consent has been asked for and denied by such Post, he/she may then appeal to
the Executive Committee of the Department of the expelling Post for permission
to apply for membership in this Post, and shall be ineligible for membership
until such permission is granted.
Article V—Officers
Section 1.
The administrative affairs of this 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 the elected officers of the Post.
This 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 Post shall be: Commander, Senior Vice Commander, Junior
Vice Commander, Adjutant, Finance Officer, Historian, Chaplain, Service Officer,
and Sergeant-at-arms, and such other officers as may be deemed necessary by this
organization. Nominations shall be made from the floor at the Post meeting
preceding the annual election. Officers will be elected at a
regularly-scheduled meeting designated as the annual election meeting and will
be elected by a simple majority of those members present at that meeting.
Section 3.
All officers shall be elected annually and they shall hold office until their
successors are duly installed or as otherwise provided. Any officer may be
removed for disloyalty, neglect of duty, dishonesty, or conduct unbecoming a
Post officer. Removal from office requires a two-thirds vote of those members
present at a regularly-scheduled Post meeting
Section 4.
Every member of the Post in good standing shall be eligible to hold office in
this Post.
Section 5.
The duties of officers shall be those usually appertaining to such officers and
as further provided in the By-Laws.
Article VI—Finance
Section 1.
The revenue of this Post shall be derived from membership or initiation fees,
from annual membership dues, and from such other sources as may be approved by
the Post Executive Committee.
Section 2.
The amount of such membership or initiation fees and the amount of such annual
Post dues shall be fixed and determined by this Post.
Section 3.
The Post shall pay to Departmental Headquarters the National and Departmental
annual membership dues for every member of the Post.
Section 4.
Routine Post expenditures shall be made upon approval of the Executive Committee
(standing approval can be given for routine expenditures). Special or
extraordinary expenditure requirements shall be brought before the membership at
a regularly-scheduled meeting and must be approved by a majority of the members
present.
Section 5.
Requests for expenditures of Special Funds shall be referred to the proper Board
or Committee charged with overseeing said funds for action prior to subsequent
consideration by the Executive Committee and the Post membership.
Article VII—American Legion Auxiliary
Section 1. The Post recognizes an auxiliary organization to be
known as the Auxiliary Unit of Eric V. Dickson Post 1980, The American Legion.
Section 2. Membership in the Auxiliary shall be prescribed by
the National Constitution of the American Legion Auxiliary and the Unit shall be
organized and operated in compliance with the National and Department
Constitutions of both the American Legion and the American Legion Auxiliary.
Article VII—Amendments
Section 1.
This Constitution is adopted subject to the provisions of the National
Constitution of The American Legion and the Department Constitution of the
Department of Colorado, The American Legion. Any amendment to said National
Constitution or Department Constitution which is in conflict with any provisions
herein 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
Post meeting by vote of two-thirds of the members of said Post attending such
regular meeting, providing the proposed amendment shall have been submitted in
writing and read at the next preceding regular meeting of said Post, and
providing further, written notice shall have been given to all members at least
ten (10) 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; such notice shall contain the provision of the proposed
amendment.
Thereafter and on 22 January 2008 the above and foregoing proposed and
revised Constitution was approved, confirmed, ratified, and adopted by Eric V.
Dickson Post 1980, the American Legion, Department of Colorado, as its
Constitution.
CERTIFICATION OF
CONSTITUTION APPROVAL
This Constitution is
certified to be a true copy of the one approved by the Post membership at the
regular meeting held on 22 January 2008.
CERTIFIED:
//s//
Andrew Tyler
Post Adjutant
//s// William Fischer
Post Commander
Post By-Laws (as approved 22 Jan 2008)
[click here for a Word version of the By-Laws]
[click here for a Plain Text version of the By-Laws]
The American Legion
Department of Colorado
ERIC V. DICKSON POST 1980
BY-LAWS
Table of Contents
Article I
– Name and Authority
Article II
– Management/Executive Committee
Article
III – Officers
Article IV
– Vacancy in Office
Article V
– Duties of Officers
Article VI
– Membership
Article
VII – Dues
Article
VIII – Finances
Article IX
– Delegates
Article X
– Committees
Article XI
– Resolutions
Article
XII – Meetings
Article
XIII – Notices
Article
XIV – Use of Legion Name and Insignia
Article XV
– Limitations of Liabilities
Article
XVI – Auxiliary
Article
XVII – Amendments/Revisions
Certification
Article I—Name and Authority
Section 1. Name. The name of this organization shall be Eric V. Dickson Post 1980, The
American Legion, Department of Colorado (hereinafter called “Post”), having
received its charter from the National Organization of the American Legion.
Nothing in these By-laws may conflict with the National or Department of
Colorado Constitution and By-laws.
Section 2. Objects. The objects of this Post are as set forth in the Post Constitution.
Article II–Management/Executive
Committee
Section 1. Post Management.
The government and management of the Post are entrusted to an Executive
Committee (hereinafter called “Executive Committee”).
Section 2. Membership. The Executive Committee shall consist of the elected officers of the
Post.
Section 3.
Meetings. The Post Executive Committee shall meet:
a.
For organization and such other
business as may come before it at the call of the Post Commander within 10 days
after the installation of the new officers.
b.
Thereafter, the Post Executive
committee shall meet at the call of the Commander at least monthly, and as often
as said Commander may deem necessary. The Commander shall call a meeting of the
Post Executive Committee upon the joint written request of three (3) or more
members of said Post Executive Committee; if proper notification of the meeting
has been given, then a quorum shall consist of four (4) of the current officers.
c.
Due notification of the meeting
date, time, and place will be provided by the Commander or the Adjutant to each
member of the Executive Committee.
d.
The minutes of each Executive
Committee meeting shall be read at the next regular Post meeting for approval by
the membership. Any exception taken by a member to any action of the Executive
Committee shall be considered by the Post membership in attendance.
Section 4. Vacancies. All vacancies shall be handled in accordance with Article IV of these
By-laws.
Section 5. Duties. The Executive Committee shall:
a.
Act as the general advisory board
to the Commander.
b.
Approve the accounts of the
Finance Officer.
c.
Act in emergency when the Post is
not in session, except that such action shall be ratified at the next regular
Post meeting.
d.
Perform those duties specified in
these By-laws and as are usually performed by such a body.
Article III—Officers
Section 1.
Elected Officers. The elected officers of this Post shall be: Commander,
Senior Vice Commander, Junior Vice Commander, Adjutant, Finance Officer,
Historian, Chaplain, Service Officer, and Sergeant-at-arms, and such other
officers as may be deemed necessary by this organization. These elected
officers shall make-up the Executive Committee.
Section 2.
Appointed officers. The Commander may appoint, with consent of the
membership, assistant officers as necessary to accomplish the work of the Post.
Section 3.
Elections:
a.
Elections shall be held at the
regular Post meeting in May. Newly-elected officers will assume their duties
immediately after the election. Former officers will assist newly-elected
officers to assure a smooth transition.
b.
Not later than the regular meeting
in March, the Commander shall appoint a Nominating Committee consisting of a
Chairman and two members, all of whom shall be post members in good standing.
c.
The Nominating Committee shall
engage Post officers and members to determine a slate of candidates for each
elected position. Each candidate shall have agreed to serve if elected.
d.
The Nominating Committee shall
provide an update on nominations at the regular meeting in April, and then
present its recommendations for each Post elective office at the regular Post
meeting in May. Nominations from the floor shall also be opened at this May
meeting.
e.
After all nominations have been
made, elections will be conducted by secret ballot, except that for any office
for which there is only one nominee election will be by acclamation. Election
requires a majority of votes cast.
f.
Prior to the deadline established
by Department Headquarters, the Post Adjutant will forward to Headquarters the
required report of elected officers’ names, addresses (including e-mail), phone
numbers, specifying the date of election and scheduled date of installation.
The Adjutant shall certify the eligibility of each elected officer after
inspecting each officer’s evidence of qualifying service.
g.
Installation of Post Officers
shall be conducted after election and must be conducted prior to the annual
Department Convention.
Article IV—Vacancy in Office
Section 1. Commander:
In the event of a vacancy in the office of Post Commander, for any reason, the
Senior Vice Commander shall assume the office, thus creating a vacancy in the
office of the Senior Vice Commander.
Section 2.
All other elected officers. In the event of a vacancy in any elected
office, except as specified in Section 1 above, the vacancy shall be announced
at the first meeting after the vacancy occurs and Post members notified of the
vacancy and the date for an election to fill that position. Nominations for
someone to fulfill the remainder of the term shall be made and elections held at
the same meeting. If there is a temporary vacancy due to necessary absence or
illness, the Commander may appoint an Officer Pro-Tem to fill-in until the
elected officer is able to return. Alternate or assistant officers may also be
appointed by the Commander as necessary.
Section 3.
Resignation. A resignation of any officer shall be submitted in writing to
the Commander or Adjutant, or orally at a regular Executive Committee or Post
meeting. Such resignation shall be considered effective, thus creating a
vacancy, on the date specified in the resignation, or if not specified, on the
date received.
Section 4.
Removal from Office. The Post shall have the power to remove any Post
officer in accordance with the provisions of this section.
a.
Failure to present evidence of
qualifying HONORABLE service (copy of Discharge Certificate or DD214) to the
Adjutant within 30 days prior to election shall create an automatic vacancy in
that office.
b.
Failure to attend three
consecutive regular or properly called special meetings of the Post, or if
applicable, the Executive Committee, shall create an automatic vacancy in that
office unless illness or other serious reasons preclude attendance. The officer
should, however, notify the Commander or Adjutant in advance of his or her
reason for absence. In that case, the officer will be excused and no action
will be taken to remove him/her from office. If there is no advance excuse, a
two-thirds vote of the Post membership at a regularly scheduled meeting
accepting the officer’s excuse, will preclude removal from office.
c.
If action is to be taken to remove
an officer from office, for any reason other than those found in a and b above,
the steps will be followed as outlined in Article VI of these by-laws.
Article V—Duties of Officers
Section 1.
The duties of the Post officers shall be those included in the following
sections and shall be in accordance with National and Department of Colorado
Post Officer Guidelines.
Section 2. Duties of the Post Commander.
The Post Commander shall be the Chief Executive Officer, and as such shall
oversee and supervise all programs and activities of the Post, including the
duties and responsibilities of other Post Officers and Committees. The
Commander shall preside at all meetings of the Post and Executive Committee,
make all required appointments, sign all applicable vouchers prior to payment by
the Finance Officer, serve as an ex-officio member of all committees except the
Audit and Nominating Committees, represent the Post at American legion functions
as required, and at other public relations functions within the community, and
perform such other functions as normally required of such an office and as
directed by the Post and the Executive Committee; required functions include
District Conferences and the Department Convention. If the Commander is unable
to attend a meeting, visitation, conference, or convention, he/she will appoint
another office to perform that function. The commander shall approve all orders
directing the disbursement of funds and shall make an annual report covering the
business of the Post for the year, and recommendations for the ensuring year,
which shall be read at the annual meeting and a copy thereof immediately
forwarded to the Department Adjutant.
Section 3. Duties of the Post Senior Vice
Commander. The Post Senior Vice
Commander shall assume and discharge the duties of the office of Commander in
the absence or disability of, or when called upon by, the Post commander. The
Senior Vice shall also perform such other assignments as requested by the
Commander or the Executive Committee.
Section 4. Duties of the Post Junior Vice
Commander. The Post Junior Vice
Commander shall be the Chairman of the Post Membership Committee and shall
perform such other assignments as requested by the Commander or the Executive
Committee.
Section 5. Duties of the Post Adjutant.
The Post Adjutant shall:
a.
Keep minutes and records of all
Post and Executive Committee meetings and proceedings, including a listing of
those present at each meeting; must ensure that each set of minutes is read to
the membership and approved.
b.
Give notice of all meetings.
c.
Maintain an accurate record of
membership; render reports of membership annually or when called upon at a
regular Post meeting.
d.
Upon receipt of dues, issue
individual membership cards provided by National through Department; maintain a
record of the members who have paid their dues.
e.
Under direction of the Commander,
handle all correspondence of the Post.
f.
Provide to Department the required
Department and National dues record cards; complete and turn-in to Department
the necessary forms that accompany the dues transmittal. This should be done,
at a minimum, whenever at least 10 members’ dues have accumulated. Copies of
transmittal to Department, along with the names of members transmitted, will be
maintained.
g.
Provide to Department and District
all required reports and certifications.
h.
Ensure that a copy of the Post and
Department By-laws are on-hand for each Post and Executive Committee meeting.
i.
Perform such other duties as
required in these By-laws and as is customary for that office, including duties
requested by the Post Commander or the Executive Committee.
Section
6. Duties of the Post Finance Officer. The Post Finance Officer of the
Post shall:
a.
Have charge of all Post finances
and ensure that they are safely deposited in the Post’s bank account.
b.
Render to the Post at the Post
regularly-scheduled meeting a monthly accounting of receipts and disbursements,
along with a summary of the finances of the Post and any recommendations he/she
may deem expedient or necessary for raising funds with which to carry on the
activities of the Post.
c.
Provide the Adjutant with the
necessary funds to submit membership cards to the Department when members’ dues
have been paid.
d.
Receive and disburse all Post
funds as authorized by the Post, the Executive Committee, or the appropriate
Post Officers as outline in these By-laws.
e.
Prepare and sign all checks and
vouchers disbursing the monies of the Post, maintaining a file of such checks
and vouchers; checks and vouchers require the signature of the Finance Officer
and one Executive Committee Member.
f.
Make to the Post an annual report
on the financial status of the Post.
g.
The Finance Officer shall prepare
a budget for the coming fiscal year when directed by the Executive Committee.
This budget is a guide and may be changed at the discretion of the Post
Membership.
h.
Ensure the proper Post insurance
is obtained and its premiums are paid.
i.
Prepare and file applicable
reports to the Internal Revenue Service and other State and Local entities.
j.
Have the financial records of the
Post ready for audit and available for the information of Post members at
reasonable times upon request.
k.
When the amount of funds handled
reaches a point where the Post Executive Committee deems bonding to be
necessary, the Finance Officer shall furnish such surety bonds in such sum as
required by the Executive Committee. Costs of such bonds will be borne by the
Post.
Section 7. Duties of the Post Historian.
The Post Historian shall be charged with the individual records and incidents of
the Post and Post members, including, but not limited to newspaper articles,
pictures, newsletters, and a written narrative of the Post’s activities for the
past year. The Historian shall perform such other duties as may properly
pertain to the office as may be determined by the Post Commander or the
Executive Committee.
Section 8. Duties of the Post Chaplain.
The Post Chaplain shall:
a.
Be responsible for the spiritual
welfare of the Post members.
b.
Offer non-sectarian divine
services at Post meetings, patriotic occasions, dedication ceremonies, funeral
services, and other functions as determined by the Post; such ceremonial rituals
are to adhere to recommendations by the National or Department Headquarters.
c.
When possible, visit sick Post
members at the hospital or at home, and send flowers and/or get-well cards to
the hospitalized members; cost of the flowers and cards will be borne by the
post.
d.
Comfort bereaved families of
deceased Post members.
e.
Officiate, when requested, at
funerals for deceased members; when officiating at a funeral, a sectarian
service may be used if specifically requested by the family of the deceased.
f.
Officiate, as required, at
installations, initiations, and other ceremonies required by the Officer’s Guide
and Manual of Ceremonies published by the National organization.
Section 9. Duties of the Post Service Officer.
The Post Service Officer shall:
a.
Assist members and other veterans
who may request help in the preparation of claims with the government.
b.
Assist with matters relating to
the welfare of members of the Post.
c.
Maintain close liaison with the
Department Service Officer.
d.
Coordinate Post activities related
to Veterans Hospitals and Homes in the vicinity of the Post.
e.
Conduct all investigations and
administer relief, including expenditure of funds provided by any Veterans
Assistance funds.
Section 10. Duties of the Post
Sergeant-at-arms. The Post
Sergeant-at-arms shall:
a.
Preserve order at meetings and
perform such other duties as may be from time-to-time assigned by the Post
Commander or Executive Committee.
b.
Greet members and guest upon their
arrival at Post meetings.
c.
Provide the names of guests and
new, or prospective, members to the Commander prior to the start of the Post
meeting.
d.
Take charge of the Post Color
Guard, firing squad, and burial detail.
e.
Perform those duties as are usual
to that office, including directing the activities of the Color Bearers.
Article VI—Membership
Section 1. Eligibility.
Eligibility for membership in this Post shall be as prescribed by the National
Constitution of The American Legion.
Section 2.
Exceptions. There shall be no form or class of membership except an active
membership; dues shall be paid annually, or for life.
Section 3.
Documentation. Each applicant for Post membership shall present a
fully-executed official membership application or transfer form, including proof
of HONORABLE service (copy of Discharge Certificate or DD214); the Adjutant will
confirm the applicant’s eligibility for membership. After the membership
eligibility is confirmed, at the next Post meeting the Adjutant (or other
designated officer) will present the new member to the Post. The new member
will then be recognized and provided an opportunity to give a summary of their
background, military service, and any other appropriate information. Veterans
who transfer from another post to Post 1980 must also follow the above
procedures, including a copy of their current American Legion Membership Card.
Section 4.
Suspension or Expulsion. A member may be suspended or expelled from the
American Legion and this Post only upon proper showing of just cause, based on
disloyalty, neglect of duty, dishonesty, or conduct unbecoming a member of the
American Legion.
a.
Charges shall be made in writing,
signed by the Post member(s) preferring such charges, and handed to the
Commander or Adjutant.
b.
A copy of such charges shall be
delivered to or sent certified mail to the member being charged, with a cover
letter specifying the date of the meeting at which a trial will be conducted.
c.
Notification that charges have
been made against a Post member shall be forwarded immediately to the Department
Adjutant so as to preclude that member transferring to another Post prior to
settlement of those charges.
d.
The membership shall be notified
that a trial on charges will be conducted at the meeting specified, but the
details of the charges shall not be advertised.
e.
At that meeting the trial will be
presided over by the Post Commander or Senior Vice Commander if the Commander is
the one being charged. The charges shall be read and both the member(s)
preferring the charges and the member being charged shall be given an
opportunity to testify and to present witnesses.
f.
After all parties have been heard
and the membership’s questions answered, the membership shall vote by secret
ballot whether the member(s) so charged shall be suspended or expelled, a
two-thirds vote being required for either action.
g.
If the vote is affirmative, the
member and the Department Adjutant shall be notified in writing immediately.
h.
If the vote is not in the
affirmative, the Post membership shall immediately determine by a two-thirds
vote what, if any action is to be taken against those preferring the charges.
i.
When charges have been settled,
either way, notification of that action shall be immediately forwarded to the
Department Adjutant.
j.
Any member who has been suspended
or expelled by this Post has the right of appeal to the Department Executive
Committee, whose decision shall be final.
Article VII—Dues
The annual dues for the
coming year shall be determined by a majority vote of the membership attending
the May meeting. This is necessary to ensure the information is available for
the Post Data Report required by Department. If no action is taken by the Post,
the dues remain as previously established and the minutes for that meeting
establishes the action to set the dues.
a.
Annual dues for the coming year
shall be payable on or before December 31st.
b.
A member whose dues are not paid
by January 1st is delinquent. A delinquent member whose dues remain
unpaid on February 1st shall be suspended from all privileges of
membership. A suspended member may be reinstated as a member in good standing
by a vote of the Post membership and payment of current dues for the year in
which reinstatement occurs.
Article VIII—Finances
Section 1.
Fiscal Year. The fiscal year for the Post shall be January 1 through
December 31.
Section 2.
Post Expenditures. All expenditures of Post funds shall be approved by the
Post membership at a regularly-scheduled meeting with the following exceptions:
a.
The Commander, Adjutant, or
Finance Officer may approve $100.00 per month to be spent on administrative
items and day-to-day operating expenses of the Post.
b.
The Executive Committee, at one of
their regularly scheduled or special meetings, may approve $100.00 per month to
be spent on Post needs.
c.
In all cases, all expenditures
(with receipts) will be reported at the next regular Post meeting.
d.
The Finance Officer shall prepare
a budget for the coming fiscal year when directed by the Executive Committee.
This budget is a guide and may be changed at the discretion of the Post
Membership.
e.
The funds of this Post shall not
be pledged to support any venture without the approval of the Post membership as
in accordance with these By-laws.
Article IX--Delegates
Section 1. District Conferences and Meetings.
The Post is entitled to one vote at such meetings and the Post Commander is a
delegate to these meetings without additional certification. If the Commander
is unable to attend, or if it is the desire of the Post that someone other than
the Commander serve as the delegate, then that individual must be elected by the
Post and certified to the District Commander.
Section 2. Department Annual Convention.
The Post is entitle to at least one delegate and one alternate, and may be
entitled to more as specified by the Department. The Post Commander normally
represents the Post at the Department Convention; if the Commander is unable to
attend, or if it is the desire of the Post that someone other than the Commander
serve as the delegate, then that individual must be elected by the Post and
certified to the Department Commander. The alternate and/or additional
delegates shall be elected at the same time as the annual election of Post
officers. The outgoing or immediate-past Post Commander should be given
preference.
Article X—Committees
Section 1. Overview. The Post shall have Committees that are necessary to accomplish the
aims and purposes of the Post and the American Legion. The Post Commander,
immediately upon taking office each year, will appoint the following Standing
Committees: Ceremonials Committee (Honor Guard), Membership Committee, Finance
Committee, and Activities Committee. Additionally, the Commander may appoint
additional Standing Committees as needed and appropriate (such as Americanism,
Children and Youth, Economic, Foreign Relations, Graves Registration and
Memorial, House and Entertainment, Legislative, Membership, Public Relations,
Veterans Affairs and Rehabilitation, National Security, Sons of The American
Legion and Visiting or VAVS). The Post Commander shall appoint a Chairman and
as many members as necessary for each Committee. In addition to the Standing
Committees, the Commander shall appoint a Chairman and the necessary members to
any Special Committee deemed as needed for the conduct of Post business (i.e. a
Committee for a specific event or activity).
Section 2. Ceremonials Committee.
The principal duty of the Ceremonials Committee is to insure all new members are
properly initiated. The Committee is also responsible for the Honor Guard,
coordinating events for Honor Guard participation and ensuring the inclusion of
appropriate membership in the Honor Guard.
Section 3.
Membership Committee. The Membership Committee shall have charge of all
matters pertaining to the membership of the Post, including the procuring of new
members, reinstatements and eligibility of members.
Section 4.
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 Post funds. The
Finance Officer will be a member of the Finance Committee. The Finance
Committee will also suggest potential fund-raising activities, working with the
Activities Committee to develop a strategy for and to execute the fund-raising
plans.
Section 5.
Activities Committee. The Activities Committee will work with the Post
membership to develop a calendar of events for the year and potential events for
Post participation.
Article XI—Resolutions
Section 1.
All resolutions of state or national scope passed by this Post shall not be
publicized or have any action taken thereon until approval is given by the
Department Executive Committee.
Article XII—Meetings
Section 1.
Regularly-scheduled Post Meetings. Post business will be conducted at
regularly-scheduled Post meetings, to be held the 4th Tuesday of each
month at a location to be determined and announced at the previous meeting.
Meeting notifications will also be provided to the Post membership via e-mail or
other channels as the Commander and Adjutant deem appropriate. The location,
date, and time may be changed by specific action of the Post membership at a
regular meeting provided all members in good standing are notified in advance of
the planned action to consider the change.
Section 2.
Executive Committee Meetings. Executive Committee meetings will normally be
held each month after the normal Post meeting at a date, time, and location to
be determined by the Post Commander; notifications of this meeting to the Post
membership will be provided via e-mail or other channels as the Commander and
Adjutant deem appropriate.
Section 3.
Special Post Meetings. The Post Commander or a majority of the Executive
Committee shall have the power to call a special meeting of the Post at any
time. Upon written request of ten (10) members in good standing of the Post the
Executive Committee shall call a special meeting of the Post. As much advance
notice of the special meeting shall be given as the urgency of the particular
situation allows.
Section 4.
Meeting Protocol. All meetings of this Post shall be governed by the
National Officer’s Guide and Manual of Ceremonies, as well as Robert’s Rules of
Order, except as herein otherwise provided.
Section 5.
Quorum. At all regular and special Post meetings, as well as Executive
Committee meetings, if proper notification of the meeting has been given, then a
quorum shall consist of a minimum of two (2) officers and three (3) members.
Article XIII—Notices
Section 1.
Member Contact Information. Every member shall furnish and provide updates
to the Post Adjutant with their current mailing address, phone number, and
e-mail address (if appropriate).
Section 2.
General Notifications. Notifications will be provided at
regularly-scheduled meetings and may be supplemented by postal mailings,
e-mails, and phone-calls. The Post Adjutant shall cause notice of the annual
election to be given at least two weeks prior thereto.
Article XIV—Use of Legion Name
and Insignia
Section 1.
The Post will at all times comply with the National Constitution and mandates of
the National Convention and National Executive Committee regarding the use of
the American Legion name and insignia as copyrighted and /or patented under the
laws of the United States.
Article XV—Limitations of
Liabilities
The Post shall
incur, or cause to be incurred, no liability nor obligation whatever which shall
subject to liability any other Post, subdivision, members of the American
Legion, or other individuals, corporations or organizations.
Article XVI—Auxiliary
The Auxiliary
Unit of Eric V. Dickson Post 1980 is authorized and shall be organized and
operated in compliance with the National and Department Constitutions of both
the American Legion and the American Legion Auxiliary. The Post shall encourage
and cooperate with the Unit in all its authorized activities.
Article
XVII—Amendments/Revisions
Section 1.
Amendments/Revisions. These By-Laws may be amended at any regular Post
meeting by an affirmative vote of two-thirds of the members of the Post
attending such regular meeting providing that the following have been
accomplished prior to the vote:
a.
The members shall be notified of
the proposed amendment/revision at least one month in advance of the meeting at
which the vote will be taken.
b.
A copy of the proposed changes
will be made available at the regular meeting prior to the meeting date of the
vote and also at the meeting on the day of the vote. The proposed changes shall
be read at both meetings.
Section 2.
Limitations. No action based on the amendments/revisions shall be taken
until approved by the Department Executive Committee.
CERTIFICATION OF BY-LAWS
APPROVAL
These By-laws are certified
to be a true copy of those approved by the Post membership at the regular
meeting held on 22 January 2008.
CERTIFIED:
//s// Andrew Tyler
Post Adjutant
//s// William Fisher
Post Commander
