FINAL DRAFT  To be voted upon on Feb 10, 2020

 

BY-LAWS & CONSTITUTION OF

THE AMERICAN LEGION STEWART POST NO. 0455

 

 

THE AMERICAN LEGION DEPARTMENT OF PENNSYLVANIA, INC.

 

AS APPROVED BY THE MEMBERSHIP ON                                        

ARTICLE I - NAME

 

Section 1.  The name of this Post shall be The AMERICAN LEGION, Stewart Post No.  0455, The American Legion, Department of Pennsylvania, Inc.

 

ARTICLE II - PURPOSE

 

Section 1.    For God and Country, the members of this Post associate themselves to  uphold and  defend the Constitution of the United States of America and of the Commonwealth of Pennsylvania; to maintain law and order; to foster and perpetuate a one hundred (100%) percent Americanism; to preserve the memories and incidents of our Associations in all 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 III - MEMBERS

 

Section 1.   Any individual not a member of another Post and meeting the eligibility

requirements of the Department and The American Legion may be a member of this

Post.

 

Section 2. Any individual who desires to become a member of this Post shall submit

an Application of Membership provided by the Post and shall attach thereto a copy of

the individual's DD214, duly notarized as a true and correct copy of the original.

Section 3. Each Application of Membership shall be reviewed by the Membership Committee and said committee shall report on each Application of Membership at the next regularly scheduled Post meeting following review of the same, whereupon the membership of the Post shall vote thereon.

 

Section 4. At such meeting, the application will be accepted, rejected or referred for further investigation and consideration. If a majority of the members cast their vote against the acceptance of said application, then such application shall be recorded as rejected.

Section 5. Any member of this Post may be suspended for thirty-one (31) days or more or expelled for cause after charges are preferred and a fair trial had upon the same pursuant to the Post's Rules of Procedure in Discipline of Members.

1. Lesser discipline may be imposed based upon a two-thirds (2/3) vote of the Executive Committee or a ruling from the House Committee/B.O.D.'s after charges have been preferred under oath in writing and a fair hearing held thereon.

 

2. The Executive Committee by a two-thirds (2/3) vote may temporarily suspend any member pending decision on charges filed against him/her.

Section 6.  A member who has been expelled or suspended from this Post for any cause may be   reinstated to membership by a two-thirds (2/3) vote of the membership present in Post Meeting, and the payment of current dues for the year in which the reinstatement occurs.

Section 7. 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, the applicant may appeal to the Department Executive Committee for permission to apply for membership in this Post, and shall be ineligible for  membership  until  such  permission  is granted.

 

 

ARTICLE IV - EXECUTIVE COMMITTEE

 

Section 1. The management of this Post is entrusted to the Executive Committee.

 

Section 2. The members of the Executive Committee shall be:

1. Post Commander, who shall be Chairman thereof,
2. Two (2) Post Vice Commanders,
3. Post Adjutant,
4. Post Finance Officer
5. and an even number of members at large of which there shall be at least four (4).

 

Section 3. The at large members of the Executive Committee shall serve for a term of two (2) years.

Initially, half of the at large positions will be filled by that number of candidates receiving the most votes and they shall serve for two (2) years.

 

The remaining positions will be filled by that number of candidates receiving the next highest number of votes who shall serve for one (1) year only.

 

Thereafter, an election shall be held annually to elect half of the members.

 

Section 4. An initial organizational meeting of the Executive Committee shall be held immediately after the Post meeting at which newly elected officers are installed.

 

Thereafter, the Executive Committee shall meet monthly, on the Wednesday prior to the regular monthly meeting of the Post, which will be held on the 2nd Monday of each month.

 

Special meetings of the Executive Committee may be called by the Post Commander or upon the written request/email of one (1) or more members thereof.

 

A special meeting of the Executive Committee called at the request of one (1) or more members thereof, shall be scheduled by the Post Adjutant within three (3) days after receipt of the written request therefore.

Notice of the calling of a special meeting of the Executive Committee shall be given by the Post Adjutant in writing or email to each member thereof at least two (2) days prior to the date for said scheduled special meeting.

 

Said notice shall set forth the day, time, location and purpose of the meeting.

No business other than that specifically set forth in the notice thereof may be conducted at any special meeting.

Each member of the Executive Committee is responsible for providing the Adjutant with his current address or email address. Notice to the address or email address last provided the Adjutant will be effective notice.

 

Section 5. A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business. Except as may be required by the Constitution and By-Laws of The American Legion, the Department of Pennsylvania or this Post, all action of the Executive Committee shall be by majority vote of those present and eligible to vote thereon.

 

Section 6. Any vacancy among the at large members of the Executive Committee occurring prior to July 1 shall be filled by vote of the members at the next regularly scheduled Post meeting. Any vacancy occurring among the at large members of the Executive Committee subsequent to July 1 shall be filled by a vote of the members of the Executive Committee.

 

 

ARTICLE V - OFFICERS

 

Section 1. The officers of the Post shall be as follows:

 

1. Post Commander;
2. First and Second Post Vice Commanders;
3. Post Adjutant;
4. Post Finance Officer;
5. Post Historian;
6. Post Chaplain;
7. Post Judge Advocate;
8. Post Service Officer;
9. Post Parliamentarian;
10. Up to three (3) Sergeants at Arms;
11. Such other officers as the membership shall determine.

 

Section 2. Election/Appointment of Post Officers.

1. The Post Commander, Post Vice Commanders and Post Finance Officers shall be elected by a majority of the members present and eligible to vote thereon.
2. The Post Adjutant, Post Chaplain, Post Judge Advocate, Post Historian, Post Service Officer, Post Parliamentarian, Sergeants at Arms and such other officers as the membership of the Post shall have determined, shall either be appointed by the Post Commander with the concurrence of the Executive Committee or elected as determined by majority vote of the members of the Post.
3. Post officers shall assume the responsibility of their elected office on July 1 and shall be installed at the first available meeting following the adjournment of the Department Convention.

 

Section 3. Each elected officer of the Post shall serve for one (1) year and until his/her successor is elected and assumes his/her duties. All officers appointed by the Post Commander shall serve until the expiration of the term of the Post Commander or at such earlier date as the Commander with the concurrence of the Executive Committee shall determine.

 

Section 4. Post Commander.

1. The Post Commander shall be the Chief Executive of the Post. He/she shall see that the provisions of the National, Department and Post Constitution and By-Laws and all rules, regulations and policies established there under are observed.
2. In cooperation with the Executive Committee of the Post, he/she shall be responsible for the enforcement of discipline and the maintenance of good conduct on the part of the members. He/she shall be the presiding officer at Post meetings and gatherings at which he/she shall be present.
3. He/she shall represent the Post in its relations with federal, state and other governmental bodies, other Legion organizations and the public at large.
4. He/she shall have authority to designate a Post Vice Commander to represent him/her at ceremonies and meetings, and in the event of the inability of any of the Post Vice Commanders to accept such assignment, he/she may appoint another representative.

 

Section 5. Post Vice Commanders.

1. The First Post Vice Commander shall be a member of the Executive Committee and shall carryout the duties of the Post Commander in the event of his/her death, disability or other inability to so act.
2. The Second Vice Commander shall assume the duties of the First Vice Commander in the event of his/her death, disability, assumption of the position of Commander or other inability to so act.
3. Both Vice Commanders shall carry out such other duties as shall be assigned to them by the Commander or the Executive Committee.

 

Section 6. Post Adjutant.

1. The Post Adjutant shall conduct the correspondence and keep the files and records of the Post, including the names and addresses of the officers, delegates and members thereof.
2. The Post Adjutant shall be responsible for the conduct of the administrative actions of the Post subject to the directions of the Post Commander and the Executive Committee.
3. He/she shall be responsible for providing notice of all special meetings of the Post and Executive Committee, as well as all other required notices.
4. The Post Adjutant shall act as the Secretary of the Executive Committee.
5. He/she shall assist the Post Finance Officer in the preparation of an annual budget for the expenses of the Post. The budget shall specify each item of expense specifically as to character and amount. The recommended budget shall be submitted to the Finance Committee for examination, alteration, and presentation to the Executive Committee.

 

Section 7. Post Finance Officer.

1. Under the direction of the Post Commander, the Post Finance Officer shall be charged with the collection and custody of the funds of the Post, shall keep the accounts of the Post and shall report thereon at each regular meeting of the Post and Executive Committee.
2. He/she shall make such other reports to the Post, Post Commander and Executive Committee as they may direct.
3. He/she shall give bond with sufficient security at the expense of the Post and subject to the approval of the Post Executive Committee for the faithful performance of his/her duties.
4. All funds of the Post shall be deposited by the Post Finance Officer in the name of the Post, in a depository bank approved by the Executive Committee.
5. All such funds shall be so deposited within one (1) business day of receipt.
6. Funds of the Post shall be disbursed by the Post Finance Officer upon the authority of the Executive Committee pursuant to a regular voucher showing the character and amount of expenditures.

 

 

 

7. Funds disbursed on behalf of the Post and in excess of $10.00, shall be by check signed by two (2)

Post officers duly authorized by vote of the Executive Committee to do so. The Finance Officer shall promptly see to the execution of appropriate signature cards after designation of the officers authorized to execute Post checks.

8. It shall be the Post Finance Officer's duty to make certain that the books of the Post are audited annually in January of each year.

 

Section 8. Post Historian.

1. The Post Historian shall be responsible for the compiling and maintenance of a historical record of the Post.
2. He/she shall have the authority to request from the officers of the Post, members of the Executive committee and Committee Chairpersons such information as may be necessary for the performance of his/her duties and he/she shall prepare and submit annually to the Post Executive Committee at its June meeting, a report covering the activities and interests of the Post throughout the previous year, accompanied by such suggestions relating to the preservation of the historical records of the Post, as he/she shall deem appropriate.

 

Section 9. Post Chaplain.

The Post Chaplain shall invoke the blessings and assistance of the Almighty at the opening and closing of Post meetings and shall perform such other duties, ordinarily incident to the Office of Chaplain, as shall be assigned to him/her by the Post Commander.

 

Section 10. Post Judge Advocate.

The Post Judge Advocate shall advise the Post Officers and Executive Committee on all legal matters, including the construction and interpretation of the National, Department and Post Constitution and By-Laws, and shall perform such other duties as are usually incident to the office.

 

Section 11. Service Officer.

The Post Service Officer shall perform such duties as are normally and usually incident to his/her office, carrying out such activities as directed by the Post Commander and Executive Committee.

 

 

 

 

Section 12. Sergeants at Arms.

1. The Sergeants at Arms shall maintain order and discipline at all meetings and Post functions and are responsible for the enforcement of and adherence to all Post rules and regulations.
2. They shall serve on any Election Committee as security for the balloting on the Post's Election Day.
3. They shall see to the preparation of the meeting room/hall for all meetings and functions of the Post and shall carry out such other duties as may be assigned to them by the Post Commander and Executive Committee.

 

Section 13. Parliamentarian.

The Post Parliamentarian shall, when called upon, advise on questions of parliamentary procedure.

 

                                                

ARTICLE VI - POST STANDING COMMITTEES

 

Section 1. There shall exist the following standing committees, the members and Chairperson of which, except as provided for hereinafter, shall be appointed by the Post Commander subject to the concurrence of the Executive Committee:

1. Membership Committee.

The shall and and shall said a each such

 

The shall at least

 

2. Program Committee.

The shall into by such Post

 

The shall such shall deem necessary for it to carry out its activities but in no event less than five (5) members.

 

 

 

 

 

3. Service Committee.

The Post Service Committee shall consist of at least five (5) members

including the Post Service Officer, who shall be the Chairman thereof.

The Service Committee shall be charged with carrying into effect those

programs of the National Organization, the Department, and such

programs as shall be adopted locally by the Post, intended to provide

support and assistance to families of members on active duty with the

Armed Forces of the United States, veterans, and members of the Post.

 

Section 2. Each standing committee shall provide a report of its activities during the preceding month at each regular Post meeting.

 

Section 3. The Chairperson of each committee may appoint such subcommittees, as he/she deems necessary and appropriate appointing the chairperson thereof.

 

Section 4. The Executive Committee may establish such other committees, as it deems necessary and appropriate. In such event, the Executive Committee shall designate the number of members thereof and shall also provide to each such additional committee a mandate specifying the duties and objectives thereof. Members and the Chairperson shall be appointed by the Post Commander subject to the concurrence of the Executive Committee.

ARTICLE VII - NOMINATION AND ELECTION

OF POST OFFICERS AND EXECUTIVE COMMITTEEMEN

 

Section 1. A Nominating Committee shall consist of:

1. the immediate past Commander, who shall serve as the Chairman thereof,
2. the Chairman of the Membership Committee and
3. the Second Vice Commander.

In the event the immediate past Commander is deceased, disabled or otherwise unable to so act, the Adjutant shall serve in lieu thereof and the Chairman of the Membership Committee shall act as the Chairman of the Nominating Committee.

 

Section 2. The Nominating Committee shall, at the regularly scheduled Membership Meeting in April, present a list of not less than one (1) qualified nominee for each elected position.

 

At the regular membership meeting in May the Commander shall read the Nominating Committee's list of candidates and receive additional nominations from the floor.  Subject to confirmation that all nominations made from the floor are qualified, those  candidates set forth on the Nominating Committee list  and those nominated from the floor at the May meeting shall be the candidates for the positions for which they were nominated except where only a single candidate is nominated for whom the Adjutant may cast a single unanimous vote.

 

The names of the candidates for each elected position shall be printed on a ballot for vote at the June meeting of the Post.

 

No nominee's name may be placed on a ballot without first having secured his willingness to accept the position if elected thereto. Individual nominees for the office of the Post Commander,  Vice  Commander, Post Finance Officer, Adjutant or at large Executive  Committeeman  should  have  been  a member  of the Post for at least twenty four (24) months or have  attended Legion College or Legion College extension prior to the June meeting at which the election will be conducted.

 

Section 3. The election shall be held during the regularly scheduled Post meeting in June.

 

Absentee Ballots will be provided to the following members upon written request thereby: hospitalized and homebound members, members on active duty in the regular military and Reservists and National Guardsmen on active duty.

 

Absentee Ballots must be received at the Post not later than 6:30 P.M. on the date of the election.

 

The Post Judge Advocate shall distribute and collect Absentee Ballots and shall secure them until the date of the election, whereupon they will be turned over to be counted.

 

The Commander shall appoint three (3) members in good standing to collect and count the ballots on Election Day. None of these individuals may be candidates for any position on the ballot.