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THE
AMERICAN LEGION
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THE
AMERICAN LEGION
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This page is not an official copy of the by-laws of Post 149. It is reproduced here only for informtional purposes. While all effort has been taken to ensure an accurate copy, the webmaster does not represent this to be valid as a reference for purposes of Post business. For a copy of these by-laws in PDF format for downloading, click here. The Document will open in a new window.
BY-LAWS Amended January 15, 1991
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 per cent 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
goodwill 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: J.B. Clark Post 149
Incorporated, THE AMERICAN LEGION, Department of California, located at: Escondido,
California. Hereinafter referred to as "Post."
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, The Articles of Incorporation, the National and Department Constitution of the American Legion.
Section 2. "This corporation is not
organized, nor shall it be operated, for pecuniary gain or profit, and it does not
contemplate the distribution of gains, profits or dividends to the members thereof and is
organized solely for non-profit purposes. The property, assets, profits and net
income of this corporation are irrevocably dedicated to charitable purposes and no part of
the profits or net income of this corporation shall ever inure to the benefit of any
director, officer, or member thereof or to the benefit of any private shareholder or
individual.
"Upon dissolution or winding up of this corporation, its assets remaining after
payment of, or provision for payment of, all debts and liabilities of this corporation,
shall be distributed to The American Legion, or to a non profit fund, foundation or
corporation, which is organized and operated exclusively for charitable purposes, and
which has established its tax exempt status under Section 23701d of the Revenue and
Taxation Code and/or Section 501 9c) (3) or Section 501 (c) (19) of the Internal Revenue
code. If this corporation holds any assets in trust, such assets shall be disposed
of in such manner as may be directed by decree of the Superior Court of the County in
which this corporation's principle office is located, upon petition therefore by the
Attorney General or by any person concerned in the liquidation."
ARTICLE III NATURE
Section 1. The Post is a civilian organization; membership therein does not affect or increase liability for military or police service. Rank does not exist in the Post. No member shall be addressed by his military title in any convention or meeting of this Post.
Section 2. The Post shall be absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.
ARTICLE IV MEMBERSHIP
Section 1. Any person shall be eligible for membership in the American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and assigned t active duty at some time during any of the dates and conditions set forth in Article IV, section 1 of the National Constitution of The American Legion.
Section 2. There shall be no form or class of membership except active membership. Active membership shall be deemed to mean any member in good standing who is qualified under Article IV, Section 1.
Section 3. Candidates for membership in this Post shall make application upon a form prescribed by the National Organization of the American Legion; shall pay therewith the dues for the current calendar year and initiation fees if assessed by the Post; and shall furnish official evidence of eligibility to accompany the application (DD214 or Certificate of Honorable Discharge from the Armed Forces as outlined in Article IV, Section 1.
Section 4. All candidates for membership shall be referred to the Membership committee which shall, at each regular meeting of the Post, report upon all applications received during or after the next previous regular meeting. A majority vote of those present and voting shall elect or reject a candidate. No member shall be elected to membership in this Post who is a member of any other Post in the American Legion.
Section 5. 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 may then appeal to the Department Executive Committee for permission to be admitted to membership in this Post, and shall be ineligible for membership until such permission is granted.
ARTICLE V OFFICERS
Section 1.
A. The officers of this Post shall be the Commander, First Vice
Commanders, the Second Vice Commander, the Third Vice Commander, the Adjutant, the Finance
Officer, the Historian, the Sergeant-at-Arms, the Chaplain, the Judge Advocate, the
Service Officer, and the Board of Directors consisting of six (6) members.
B. The elective officers of the Post shall be the Commander, First Vice
Commanders, the Second Vice Commander, the Third Vice Commander, the Finance Officer, the
Sergeant-at-Arms, and the Board of Directors.
C. The following shall be appointed by the Commander: Adjutant,
Chaplain, Historian, Judge Advocate, and Service Officer.
D. No member shall hold the office of Adjutant and Finance Officer
concurrently.
E. The Commander, First Vice Commander, Second Vice Commander, or the
Third Vice Commander shall not hold any other elected or appointed office position.
F. All elected or appointed officers shall have only one vote at the
Board of Directors or Post meeting.
Section 2. Nomination for elective officers and
members of the board of Directors shall be held during the regular meeting in April of
each year. The second nomination and election of Post Officers shall be made at the
regular meeting in May and shall be installed prior to the Department of California
Convention of that year. The six (6) members at large of the Board of Directors
shall be elected for a term of two (2) years, three (3) board of Directors members at
large shall be elected each year.
All election shall be by written, secret ballot and a majority of all votes cast shall be
necessary to elect the Commander and Vice Commanders, except that unopposed candidates may
be elected by voice vote or standing vote by the majority of those present and voting.
The other elective officers and members of the Board of Directors shall be elected
by a plurality vote of those present and voting.
Section 3. The finance Officer and Adjutant will terminate office officially at the end of the Fiscal Year (June 30) with compensation, and that the incoming Finance Officer and Adjutant shall be instructed and informed by the outgoing Finance Officer and Adjutant after installation without compensation. The newly elected Finance Officer and the appointed Adjutant shall be compensated starting July 1.
Section 4. Each member of this Post in good standing shall be eligible to hold office in this Post as provided in Article IV, Section 1, provided further that said member has been a member of this Post for a period of six (6) consecutive months.
Section 5. The duties of officers and the Board of Directors shall be those usually pertaining to such officers or directors and as further provided for in these By-laws.
Section 6. All vacancies in the elected or appointed offices shall be filled by an election or appointment in the same manner as was originally filled, at a regular meeting following the vacancy provided that notice of the election be given at the meeting proceeding the election and/or notice mailed to each member.
Section 7. The office of Finance Officer and any other offices and/or positions charged by the Post By-laws with the responsibility of handling Post funds shall be bonded under a blanket bond to be purchased from Department Headquarters.
Section 8. In the event that any member of the Post Board of Directors shall be absent for three consecutive meetings of the Post or the Board of directors without being excused by the Post Commander of the Board of Directors, such office may be declared vacant by a majority vote of those present at a regular Post meeting.
ARTICLE VI FINANCE
Section 1. No appropriations shall be made without first referring the same to the Finance Committee for review and recommendation to the Board of Directors. The Board of Directors shall approve the form in which the financial records shall be kept. Any appropriations not budgeted shall be brought to the Finance Committee and then to the Board of Directors for approval. All Post monies must be deposited in an institution insured by a Government Agency.
ARTICLE VII THE AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of J.B. Clark Post No. 149 Incorporated, The American Legion, Department of California.
Section 2. Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion.
ARTICLE VIII PROCEDURE
Section 1. Opening and closing of meetings, initiation of new members and installation of officers, shall be conducted as prescribed and approved by the National Convention of the American Legion in Kansas City in 1923, with subsequent amendments adopted and approved by later conventions.
Section. 2. The Post shall furnish each commander with a copy of Robert's Rules of Order (Revised) and a copy of prescribed Department Trial Manual, which the commander shall use to govern the conduct of all meetings except as may otherwise be provided in these By-Laws.
Section 3. Each Post shall keep books of account, and shall cause said books to be examined by a licensed accountant or a committee of three (3) competent persons, none of whom shall be the Commander, Adjutant, Finance Officer or any other person charged with the responsibility of handling Post funds. Such examination shall be made within 45 days following installation of Post Officers and for the period of the immediate preceding fiscal year of the Post, said fiscal year shall be July 1 through June 30. Each Post shall certify an examination has been made and file the original thereof with the Department Adjutant before said date, with a copy thereof to the District Commander of the District of said Post. The Department Commander, the Post Commander, or the Board of Directors, may order an audit of the books of account at such other times during the current year as may be deemed advisable. Failure of the Post to meet any of the requirements of the section within said times or any general or special extension thereof, shall be deemed a delinquency and the delegates of the Post shall not be entitled to be accredited at the Department convention. The certification to the Department Adjutant sand the examination may be put on forms furnished by the Department Adjutant's office.
ARTICLE IX. BOARD OF DIRECTORS
Section 1. The board of Directors shall consist of the Commander, First Vice Commander, Second Vice Commander, Third Vice Commander, Adjutant, Finance Officer, Chaplain, Historian, Sergeant-at-Arms, Judge Advocate, Service Officer, Junior Past Commander and six (6) elected members of the Board.
Section 2. The Commander, First Vice commander, Second Vice Commander, Third Vice Commander and the Adjutant shall be Chairpersons and Secretary, respectively, of the board of Directors.
ARTICLE X MEETINGS
Section 1. The regular Post meeting shall be held on the third Tuesday of each month at the Veterans Memorial Building in Escondido, California.
Section 2. Special meetings of the Post may be called by the commander or by the Board of Directors and must be called upon the written request of ten (10) members. No special meetings shall be called unless announced by the Commander at the regular meeting preceding or unless notice be mailed to each member five (5) days prior to said meeting, stating the time, place of the meeting and the subject to be considered.
Section 3 The Post at any meeting may consider and pass upon any matters irrespective of whether such matters have been previously approved by the Board of Directors, except as provided in Article VI, Section 1.
Section 4. A quorum at all Post meetings shall consist of ten (10) members, six (6) of whom must be officers.
Section 5 The Board of Directors shall meet at least once a month at time and place designated by it or by the Commander. A majority shall constitute a quorum. It may hold such special meetings as it or the Commander may deem advisable, after all members have been and/or attempted to be notified.
Section 6 No member shall take part in any Post meeting or election unless he is in good standing of Post 149.
Section 7 No member shall be represented or shall vote by proxy. There shall be no voting by absentee balloting.
Section 8 Unless otherwise specified, all notices required to be given by these by-laws shall be written notices.
Section 9 The 149'er shall be the official publication of this Post and publication of notices contained therein shall be considered official.
ARTICLE XI DUTIES OF THE OFFICERS
Section 1 Duties of Post Commander. It shall be the duty of the Post Commander to preside at all meetings of the Post and to have the responsibility of/and over the business affairs of the Post, and such officer shall be in chief executive officer of the Post. He shall perform such other duties as directed by the Post.
Section 2. Duties of the First Vice Commander. The First 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 and shall serve as Chairman of the Committee as provided in Article XIV, Section2.
Section 3. Duties of the Second Vice Commander. The Second Vice Commander shall assume and discharge the duties of the office of First Vice Commander in the absence or disability of such officer, and shall perform other duties as directed by the Post.
Section 4. Duties of the Third Vice Commander. The Third Vice Commander shall assume and discharge the duties of the office of Second Vice Commander in the absence or disability of such officer, and shall perform other duties as directed by the Post.
Section 5. Duties of the Post Adjutant. The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, and under the direction of the Post Commander handle all correspondence of the Post.
Section 6. Duties of Finance Officer. The Finance Officer shall be charged with the custody of all funds of the Post. He shall keep its accounts and report thereon at regular meetings of the Post. He shall receive all funds of the Post and pay all bills approved by the Post. He shall be bonded under a blanket bond to be procured from the Department Headquarters and paid for 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 and shall perform such other duties as directed by the Post or the board of Directors.
Section 8. Duties of Post Judge Advocate. The Post Judge Advocate's duties shall be to advise the Post Officers on the construction and interpretation of the Post's by-laws and to perform such other duties as are usually incident to the office.
Section 9. Duties of Post Chaplain. The Post Chaplain shall be charged with the spiritual welfare of the Post Comrades and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc., and to adhere to such ceremonial rituals as are recommended by the National or Departmental Headquarters form time to time.
Section 10. Duties of Sergeant-at-Arms. The Sergeant-at-Arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to him by the Post.
Section 11. Duties of Service Officer. The Service Officer shall be responsible for helping veterans, their children and widows, and for any benefits they are entitled to, and shall perform such other duties as directed by the Post.
ARTICLE XII DUES, FEES AND FUNDS
Section 1. The Board of Directors shall set the annual dues and initiation fees of the Post, with the approval of the Post members at a regular meeting of those present and voting after official notification to the membership. The annual dues must be $15.00 or more but may not exceed $35.00.
Section 2. From such dues and fees the Post shall pay all per capita taxes or assessments, and such other expenditures as the Post may approve.
Section 3. A member whose dues for the current year have not been paid by January first shall be classified as delinquent. If his dues are paid on or before February first, he shall automatically be reinstated. If he is still delinquent after February first, he shall be suspended from all privileges. If he is still delinquent after February first, he shall be suspended from all privileges. If he is still under such suspension on June thirtieth of such year, his membership in the American Legion shall be forfeited. A member so suspended or whose membership has been forfeited may be reinstated to active membership in good standing by vote of the Post and payment of current dues for the year in which reinstatement occurs. The Post, at its option, may also require those dues, as a condition precedent to reinstatement, provided however, that the Post, Department, and the National Organization may waive the provision hereof upon payment of dues for the year in which reinstatement occurs, with reverence to former members who have been prevented from payment of dues by reason of Military Service.
Section 4. Recognizing the existence of a Scholarship Fund, hereafter known as the Caralun-Nuelle Memorial Scholarship Fund, said fund shall be administered according to the existing rules as established and adopted by the Post. No obligations or disbursements shall be made against this fund except for the purpose for which it was established; provided however, should the necessity arise for Post operations, the monies in this fund would be available upon approval of two thirds majority of those present and voting after official notification to membership of the proposed withdrawal of funds.
ARTICLE XIII DELEGATIONS AND REPRESENTATIVES
Section 1. Subject to Article V, Section 4, the delegates and alternates to represent the Post at Department Conventions and District meetings shall be elected at a regular meeting of the members of the Post by vote of those present and voting. The election shall be held at least twenty (20) days before the Department Conventions convene. The time and place for holding the election must be announced by the Post commander one regular meeting in advance of the election.
ARTICLE XIV APPOINTMENTS
Section 1. The Post Commander immediately upon taking office each year shall appoint a Chairman for each standing committee, determined by the Post, subject to the approval of the Board of Directors.
Section 2. The membership committee composed of the chairman and two (2) members shall have charge of all matters pertaining to the membership of the Post, including the procuring of new members and reinstatements. The committee shall certify the eligibility of all applications as required by Article IV, Section 4, before being reported to the Post.
Section 3. The Finance Committee shall be charged with the administration of the financial policy, preparation of an annual budget with recommendations, and supervision of receiving, disbursing and accounting of Post funds. The Finance Committee shall consist of the Chairman and four (4) members none of which shall be members of the Board of Directors or the Clubroom committee.
Section 4. The Clubroom Committee shall be charged with the administration and operation of the Clubroom as set forth in the Standing Rules which are posted thereto, subject to the approval of the Post Board of Directors. The Committee shall consist of the Chairman and six (6) members, none of which shall be members of the board of Directors or the Finance committee. The Clubroom Committee shall prepare annually a budget, submitted through the Finance Committee, for approval by the Post Board of directors.
Section 5. The bingo committee shall be charged
with the administration oand operation of the Post Bingo games in compliance with City of
Excondido Ordinances. The Committee shall consist of a chairman and a minimum of six
(6) members. The Chairman and two (2) of the members shall be licensed by the City
of Escondido in compliance with City Municipal Code.
The Chairman shall make a financial report, witnessed by two (2) members of the committee
on forms furnished by the Finance Officer who shall enter the results in a separate
accounting book and retain the report as a Voucher in support of the account. The
Finance Officer shall not co-mingle Bingo Funds, and shall deposit such funds in a
separate savings account. All expenditures from this fund must be approved by the
Board of directors, with the exception of expenses normally associated with operations of
bingo games.
Section 6. The Major Building Repair and replacement Fund Committee shall be charged with the administration and operation of this fund which shall not exceed $3000.00. The Funds shall be raised by assessing 10% of the monthly profit from the Clubroom (not to exceed $300.00 per year) and the Post budgeted $300.00 per annum (minimum). The Committee shall consist of a Chairman and four (4) members to be approved by the Post Commander. The Chairman shall turn over any additional funds derived by other means to the Finance Officer, who shall deposit it into a savings account. The Post Commander may authorize expenditures of funds in excess of $200.00 for emergency major building repairs in the absence of the Chairman.
ARTICLE XV LIMITATIONS OF LIABILITIES
Section 1. This Post shall not incur, nor cause to be incurred any liability or obligation whatever which shall subject to liability any other individual, corporation or organization.
ARTICLE XVI TRIALS
Section 1. Members of this Post shall be subject to disciplinary action as provided in the Trial Manual of the Department of California as adopted, and as the same may be amended from time to time hereafter. A copy of the verdict, certified by the Post commander and Post Adjutant, shall forthwith be forwarded to the Department Adjutant.
ARTICLE XVII RECALL PROVISION
Section 1. A petition, signed by ten percent of the membership in good standing requesting the holding of an election for the purpose of recalling an elective officer or member of the Board of Directors may be filed at any time with the Adjutant. The Adjutant shall, within five (5) days after filing said petition, compare the signatures on said petition with the signatures on the applications of the respective signers on file in the Post records. The Adjutant shall deliver the said petition and his report on the correctness of the signatures to the board of Directors at its next meeting. If it shall appear from the report of the Adjutant that ten (10) percent of the membership have signed said petition, the board of Directors shall fix the date for the recall election, which date shall be fixed for a regular meeting of the Post to be held not less than two (2) weeks nor more than six (6) weeks after the meeting of the Board of Directors. If the report of the Adjutant shall show less than ten (10) percent of the membership have signed, said petition shall be forthwith returned to the member who filed the same with the Adjutant who shall then have ten (10) days thereafter to obtain the required number of valid signatures and refile said petition with the Adjutant who shall recheck his records and resubmit the same to the board of Directors at its next meeting thereafter with his report. If the petition is then found sufficient, the recall election shall be fixed as set forth above.
Section 2. Notice of the date, time and place of holding the recall election shall be mailed to each member of the Post in good standing at his address as the same appears in the Post records, at least ten (10) days before the election.
Section 3. All recall elections shall be conducted by written secret ballot.
Section 4. At the election, the ballot shall read as follows:
"Shall ________________________________ be recalled"
(name of Officer or Board Director)
Yes ________________ No ____________________
A "Yes" vote shall be counted as for the recall and a "No" vote shall be counted as against the recall. Only members in good standing shall be entitled to vote at such an election.
Section 5. If the officer or member of the Board of Directors shall be recalled, the Post, at its next regular meeting, shall elect a successor to fill the unexpired term. Nominations shall be held the same night as election. The person recalled shall not be eligible as a candidate for election to fill the vacancy.
ARTICLE XVIII AMEMDMENTS
Section 1. Proposed amendments to these by-laws must be submitted in writing to the Board of directors, and at a regular meeting of the Post, and read there at. At the next regular meeting, or subsequently if postponed, the proposed amendment may be adopted by two-thirds affirmative vote of those present and voting.
Section 2. These by-laws shall be amended to conform to any change in the National or department constitution and by-laws. Failure of the Post to adopt the required amendments shall not delay or modify the effect of such changes.
A. Any amendment initiated by the Post shall not be in favor or effect until approved by the Constitution and by-laws Commission of the Department.
Section 3. Above the signatures of the Commander and Adjutant, certify the following:
We hereby certify that the above Amendments to the Constitution and or by-laws was read at two meetings and adopted on _________________, a quorum being present, and by a two-thirds vote of those present and voting.
First Reading: _________________________-
Second Reading and Adoption: ______________________
________________________________________ Signature of Post Commander
________________________________________ Signature of Post Adjutant
© 2000-2004 The American Legion, J.B. Clark Post 149, Escondido, CA
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