Bylaws 15 Feb 2016

CONSTITUTION AND BY-LAWS

 

OF

 

ANTHONY-HUNT-HAMILTON

 

POST NO. 221

 

AMERICAN LEGION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                TABLE OF CONTENTS                                                                                                                                                            

Page

PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  1

 

CONSTITUTION

 

Article I     – NAME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Article II   – OBJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Article III   – NATURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Article IV   – ELIGILITY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Eligibility Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Article V   – MEMBERSHIP QUALIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Article VI   – EXPULSION OF MEMBERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Article VII – CHARTER MEMBERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Article VIII – AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

 

BY-LAWS

 

Article I     – NAME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            5

Article II     – MEMBERSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          5

Article III   – OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           6

Article IV   – MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          6

Duties of Commander . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        . . . . . .7

Duties of the Sr. and Jr. Vice Commanders . . . . . . . . . . . . . . . . . . . 7

Duties of the Adjutant and Finance Officer . . . . . . . . . . . . . . .  . . . . . 7

Duties of the Historian, Chaplain, Sgt-at-Arms and

Service Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        . . . . . 8

Article V     – POWERS OF THE EXECUTIVE BOARD AND OFFICERS . . 8

Article VI   – MEMBERSHIP DUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Article VII   – REPRESENTATION OF THE POST IN THE

AMERICAN LEGION AND ITS COMMITTEES . . . . . . . . . . .     10

Article VIII – NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           10

Article IX   – MEETINGS OF THE POST . . . . . . . . . . . . . . . . . . . . . . . . . .         10

Article X     – MEETINGS OF THE EXECUTIVE BOARD . . . . . . . . . . . . . .     11

Article XI   – ELECTION OF OFFICERS AND MEMBERS OF THE

EXECUTIVE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        11

Article XII   – RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           12

Article XIII – LIMITATION OF LIABILITY . . . . . . . . . . . . . . . . . . . . . . . . . .          12

Article XIV – AMENDMENTS AND ALTERATIONS . . . . . . . . . . . . . . . . . .     12

 

 

 

 

– i -.

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

CONSTITUTION

 

ARTICLE I

 

NAME

 

The name of this Post is the Anthony-Hunt-Hamilton Post No. 221 of the American Legion, Inc. located at Bedford, Massachusetts (Middlesex County).

 

ARTICLE II

 

OBJECT

 

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 III

 

NATURE

 

THE AMERICAN LEGION is a civilian organization; membership therein does not affect or increase liability for military or police service. Rank does not exist in the legion; no member shall be addressed by his military or naval title in any convention or meeting of the Legion.

 

THE AMERICAN LEGION 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.

 

Each member shall perform his full duty as a citizen according to his own conscience and understanding.

 

 

 

ARTICLE IV

 

ELIGIBILITY PROVISIONS

 

Any person shall be eligible for membership in the AMERICAN LEGION who was regularly enlisted, drafted, inducted, or commissioned and who was accepted for and assigned to active duty in the Army, Navy, Marine Corps, Coast Guard, Air Force or Merchant Marine.

 

Eligibility must be in accordance with the National and Department Constitution and By-Laws of the AMERICAN LEGION (Subject to the approval by Congress and the President of the United States);

 

or, who being a citizen of the United States at the time of his entry therein, served on active duty in the armed forces of any of the governments associated with the United States during said wars or hostilities;

 

provided, however, that such service shall have been terminated by honorable discharge or honorable separation, and such person either shall have broken his continuity of service and returned to a civilian status, or shall continue to serve honorably after the date of cessation of such hostilities as fixed by the United States Government;

 

provided further, that no person shall be entitled to membership who, being in such service during either of said periods, refused on conscientious, political or other ground, to subject himself to military discipline or unqualified service;

 

or who, being in such service, was separated therefrom, under circumstances amounting to dishonorable discharge and has not subsequently been officially restored to an honorable status;

 

nor shall any person be eligible for membership who advocates, or is a member of any organization which advocates, the overthrow of the Government of the United States, or who advocates un-American principles, including anarchy, communism, or other forms of radicalism that are disloyal to the United States or contrary to those principles set forth in the Preamble of the Constitution of the AMERICAN LEGION.

 

 

 

 

 

ELIGIBILITY DATES

 

WORLD WAR I                                 April 6, 1917 to November 11, 1918

 

WORLD WAR II                                December 7, 1941 to December 31, 1946

 

KOREA                                              June 25, 1950 to January 31, 1955

 

GRANADA/LEBANON                   August 24, 1982 to January 31, 1984

 

PANAMA                                           December 20, 1989 to January 31, 1990

 

DESERT STORM                            August 2, 1990 to President Signing the End of                                                                                   Hostilities

 

 

 

 

ARTICLE V

 

MEMBERSHIP QUALIFICATIONS

 

  1. There shall be no form or class of membership except an active membership, and dues shall be paid annually or for life.

 

  1. No person may be a member at any one time of more than one post.

 

  1. No person shall be eligible for membership in the AMERICAN LEGION unless such person possesses all the eligibility qualifications, and none of the eligibility disqualifications, as stated in Article IV of this Constitution.

 

  1. This Post shall be the judge of the qualifications of its members, provided such members are eligible for membership in the AMERICAN LEGION.

 

  1. The words “American Legion” shall not be used on any membership cards whatsoever except those issued by the National Organization to active members of the AMERICAN LEGION.

 

 

ARTICLE VI

 

EXPULSION OF MEMBERS

 

Section 1:

 

Members may be expelled or suspended from any Post of the AMERICAN LEGION only upon a proper showing of cause. Charges shall be based upon:

 

  1. Disloyalty to the United States or the AMERICAN LEGION;

 

  1. The advocacy of, or membership in, any organization advocating un-American principles, including anarchy, communism, or other forms of radicalism, which are contrary to the precepts of the AMERICAN LEGION.

 

 

All charges must be under oath in writing by the accuser, and no member in good standing shall lose membership until given a fair hearing in such manner and form as prescribed in the Rules of Procedure in Discipline of Members, as set forth by the National By-Laws and Constitution.

 

Section 2:

 

No person who has been expelled or suspended by a Post shall be admitted to membership in another Post without the consent of the previous Post. Where such consent has been asked for and denied by such Post, an appeal may be made to the Executive Committee of the previous Post. This person shall be ineligible for membership until such permission is granted.

 

 

ARTICLE VII

 

CHARTER MEMBERS

 

All members enrolled before midnight of November 11, 1919, shall be known as charter members.

 

 

ARTICLE VIII

 

AMENDMENTS

 

Amendments to this Constitution may be made at any meeting of the Post, by a two-thirds vote of the members present, provided 30-days notice of the proposed amendment has been given prior to the call of the meeting.

 

In the event the Department Constitution is amended and thereby any provision of this Constitution comes into conflict therewith, the Post Constitution shall be deemed automatically amended so as to conform with the Constitution of the AMERICAN LEGION, DEPARTMENT OF MASSACHUSETTS, INC.

 

 

 

 

BY-LAWS

 

 

ARTICLE 1

 

NAME

 

  1. The Post, existing under these By-Laws will be known as the Anthony-Hunt-Hamilton Post No. 221, of the AMERICAN LEGION, INC., Bedford, Massachusetts (Middlesex County).

 

  1. The object of the Post is as set forth in the Constitution.

 

 

ARTICLE II

 

MEMBERSHIP

 

  1. All persons shall be eligible to membership in this Post who are eligible to membership in the AMERICAN LEGION under the Constitution of the Organization, including nonresidents of this town or state.

 

  1. Any person eligible to membership, as aforesaid, may become a member of this Post, only after his application is approved by the Executive Board, elected by a majority vote of the members of the Post present and upon payment of membership dues.

 

 

ARTICLE III

 

OFFICERS

 

The following officers:

Post Commander;

Post Senior Vice Commander

Post Junior Vice Commander

Post Adjutant;

Post Finance Officer

Post Historian;

Post Chaplain

Post Sgt-at-Arms

Post Service Officer

Immediate Past Commander, ex-officio member

Post Executive Board Members (3);

 

shall be elected at the annual meeting of the Post. The Commander shall have the authority to grant excused absences but not to exceed three (3) unexcused absences. Any officer of the Post who accumulates three (3) or more unexcused absences during his or her term of office may be terminated by a two-thirds (6) vote of the Executive Board.

 

Any vacancy existing in any office, from any cause other than the expiration of a term, shall be filled at the next meeting of the Post by appointment by the Commander, with Executive Board approval, in accordance with Article IV, Paragraph 3 of the By-Laws.

 

 

ARTICLE IV

 

MANAGEMENT

 

  1. The Government and Management of the Post is entrusted to an Executive Committee of nine (9) members, to be known as the “Executive Board”.

 

  1. The Executive Board shall consist of the following officers: Commander, Senior Vice Commander, Junior Vice Commander, Adjutant, Finance Officer; and the immediate Past Commander as an ex-officio member.

 

The Commander shall act as Chairman; Senior and Junior Vice Commanders shall act as         Vice Chairman; Adjutant shall act as Secretary; and Finance Officer shall act as Treasurer.

 

In addition, three members shall be elected to the Executive Board at a meeting of the Post called for that purpose and thereafter at the annual meeting of the Post. The Executive Board shall hold office for one year or until their successors are chosen.

 

  1. A vacancy existing in the Executive Board from any cause other than the expiration of a term, shall be filled by the vote of a majority of the Executive Board. The member, so appointed, shall hold office for the unexpired term of the member of the Board whom he/she succeeds.

 

 

MANAGEMENT DUTIES

 

Duties of the Commander: It shall be the duty of the Post Commander to preside at all meetings of the Post and to have general supervision over the business and affairs of the Post, and such officer shall be Chief Executive Officer of the Post. He 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 ensuing year, which shall be read at the annual meeting. He shall have the power to appoint all committees and perform such other duties as directed by the Post.

 

Duties of the Senior Vice Commander: The Senior Vice Commander shall assume and discharge the duties of the office of Commander in the absence or disability of the Commander and shall perform such other duties as may be delegated to him by the Commander or these By-Laws.

 

Duties of the Junior Vice Commander: The Junior Vice Commander shall assume and discharge the duties of the office of Commander in the absence or disability of the Commander and the Senior Vice Commander and shall perform such other duties as may be delegated to him by the Commander or these By-Laws.

 

Duties of the Adjutant: The Adjutant shall give notice of all meetings of the Post and of the Executive Board, and shall keep minutes of such meetings. He shall conduct the correspondence and keep the records of the Post including collection of dues, lists of names, addresses and previous military or naval organizations of the members. He shall furnish to the Post Finance Officer the names of all persons elected to membership and shall also advise him of all transfers or changes affecting membership. He shall also furnish a list of all delinquent members to the Executive Board on January 1st of each year.

 

Duties of the Finance Officer: Subject to the control of the Executive Board, the Finance Officer shall be charged with the collection and custody of the funds of the Post, including all dues, and shall keep its accounts and report thereon at each regular meeting of the Executive Board. His accounts shall be audited annually during the month preceding the annual meeting. He shall pay all bills, when approved, in such manner as the Executive Board shall prescribe. He shall furnish such surety bonds and in such sums as shall be fixed by the Executive Board. The premiums are to be paid by the Post.

 

Duties of the Historian: The Historian shall be charged with the individual records and incidents of the Post and Post members, and shall perform such duties as may properly pertain to the office as may be determined by the Post or the Executive Board.

Duties of the Chaplain: The Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian service in the event of dedications, funerals, public functions, etc., and adhere to such ceremonial rituals as are recommended by the National or Departmental headquarters from time to time.

 

Duties of the Sergeant-at-Arms: He shall preserve order at all meetings and shall perform such duties as may be assigned and prescribed by the Executive Board. He shall arrange and secure the meeting hall. He shall have the responsibility of all arms, flags, etc. He shall notify the Commander of the arrival of all guests. He shall be responsible for all military funerals and ceremonies.

 

Duties of the Service Officer: The Service Officer shall advise and assist applicants for the benefits to which they may be entitled under existing Federal, State or local laws and shall perform such other duties as are usually incident to the office.

 

 

 

ARTICLE V

 

POWERS OF THE EXECUTIVE BOARD AND OFFICERS

 

 

  1. The Executive Board shall have charge of the Government and Management of the Post and shall direct and control such sub-committees as may be appointed.

 

  1. The Executive Board shall prescribe the rules for the use of Post Headquarters and any other buildings or property used or owned by the Post, and may modify or revoke same; it shall fix penalties for violations of the rules and have power to enforce the same and also to remit such penalties. An aggrieved member may have the right to appeal, said appeal to be submitted in writing to the Executive Board within ten (10) days, and the decision of the Executive Board will be final.

 

  1. The Executive Board shall approve the hiring and discharging of such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds for all persons having custody of Post funds; shall hear the reports of Post Committee Chairmen; and general, shall have charge of and be responsible for the management of the affairs of this Post.

 

  1. A motion or request for donations shall be submitted to the Executive Board for recommendations at the next General Body meeting.

 

  1. All funds shall be timely deposited in such banking institutes as prescribed by the Executive Board.

 

 

 

 

 

 

ARTICLE VI

 

MEMBERSHIP DUES

 

 

Section 1

 

The revenue of the Post shall be derived from annual membership dues and from such other sources as may be approved by the Post Executive Board.

 

Section 2

 

The amount of such per capita shall be determined by each Department Convention for the ensuing year.

 

Section 3

 

The annual per capita shall be collected by each Post and transmitted to the Department Treasurer within fourteen (14) days from receipt thereof.

 

Section 4

 

Upon representation of the Department Treasurer that a Post is in arrears in the transmittal to him of Department dues collected, the Department Executive Committee may order an inspection of the finances of the delinquent Post, for the purpose of determining only the correctness of the representation of the Department Treasurer.

 

Section 5

 

Members in good standing: Each member of an AMERICAN LEGION Post shall be deemed a member in good standing until the member is suspended, or expelled, or shall have resigned. The Department Adjutant shall be notified of all suspensions, expulsion, resignations and deaths.

 

Section 6

 

Delinquent, Suspended and Forfeited Memberships Because of Dues: A member whose dues for the current year have not been paid by January 1st shall be classed as delinquent. If the dues are paid on or before February 1st, the member shall be automatically reinstated. If still delinquent after February 1st the member shall be suspended from all privileges. If still under such suspension on July 30th of such year, membership in the AMERICAN LEGION shall be forfeited. A member so suspended or whose membership has been so forfeited may be reinstated to active membership in good standing by a vote of the Post and payment of current dues for the year in which the reinstatement occurs, with reference to former members, who have been prevented from the payment of dues by reason of active military service.

 

 

 

 

Section 7

 

All membership cards or money shall be accounted for to the Department office no later than June 30th.

 

 

ARTICLE VII

 

REPRESENTATION OF THE POST IN THE

 

AMERICAN LEGION AND ITS COMMITTEES

 

  1. Delegates and alternates to represent the Post at the State Convention, or representatives of the Post, shall be elected at a meeting duly called of members of the Post, by a majority vote of those present at the meeting. Meetings for the election of delegates and alternates shall be held at the March General Body Meeting before the State Convention which they are to attend.

 

  1. The Post shall be entitled to representation in the State Organization, as hereinafter provided, only upon the basis of the number of members who have actually paid their dues 30 days prior to the annual State Convention.

 

  1. Delegates and alternates shall be furnished housing at conventions at the expense of the Post.

 

  1. Post Commander, by virtue of his office, shall be an automatic delegate and Chairman of the Post Delegation. All other delegates will be elected by the general membership.

 

 

 

ARTICLE VIII

 

NOTICES

 

  1. Every member shall furnish the Adjutant an address to which all notices and documents may be sent. The same shall be held to have been duly sent to or served upon a member when posted or otherwise mailed to him at the address so furnished.

 

 

ARTICLE IX

 

MEETINGS OF THE POST

 

  1. Regular meetings of the Post shall be held the first Tuesday of each month and there shall be an annual meeting of the Post on the first Tuesday of June, each year, at 8:00 P.M. at Post Headquarters for the purpose of electing new officers. If no quorum is present, the Commanding Officer shall adjourn the meeting to a subsequent date.

 

  1. The Post Commander or a majority of the Executive Board shall have the power to call special meetings of the Post at any time.

 

  1. Upon the written request of five members, the Executive Board shall call a special meeting of the Post.

 

  1. Fifteen members shall constitute a quorum at any meeting of the Post.

 

  1. The Post meeting shall be opened and closed in accordance with the ritual provided by the National and Department.

 

 

ARTICLE X

 

MEETINGS OF THE EXECUTIVE BOARD

 

  1. The Executive board shall meet once a month. Special meetings may be called by order of the Chairman or on written notice of at least three members of the Executive Board.

 

  1. Five members shall constitute a quorum of the Executive Board.

 

 

ARTICLE XI

 

ELECTION OF OFFICERS AND MEMBERS

OF THE EXECUTIVE BOARD

 

  1. Nomination of candidates will be held at the regular Post meeting in May.

 

  1. The Officers and members of the Executive Board shall be elected at the annual Post meeting held in June . A majority of all the votes cast at such meetings shall be necessary to elect an officer or member of the Executive Board. The Commander shall designate a Ballot Counting Committee of four (4 ) general Post members, none of which can be a nominee/candidate for office, to count and tally all election ballots. The committee will provide a written, dated and signed summary of their count and tally to the Post Commander and Adjutant for Post records and usage.

 

  1. A nominee must be present or signify acceptance by a dated and signed letter to the Post Commander and through a spokesman designated in the letter by the nominee who will make the nomination.

 

  1. The Ballot Committee will be provided a current Post membership listing to be used to check off members as they apply for a ballot. There will be a minimum of one (1) Ballot Committee member monitoring the issuance and depositing of ballots in the ballot box. They will stay with the ballots until the Ballot Committee completes their counts, tallies, and signs their voting results reports.

 

  1. The Polls will open at a designated time and will be closed at 8:00 P.M. Sharp. Any member in the Ballot issuing and/or voting line(s) at will be allowed to complete their voting before ballots are started to be counted, tallied, etc.

 

  1. Newly elected officers will assume office for the first meeting in September and shall meet with the Executive Board during the months of July and August.

 

 

ARTICLE XII

 

RULES

 

  1. Rules of procedure at meetings of the Post shall be those set forth in Roberts’ Rules of Order, except as otherwise expressly provided herein.

 

 

ARTICLE XIII

 

LIMITATION OF LIABILITY

 

  1. This Post can incur no obligation or liabilities of any kind whatsoever, which shall subject to liability any other Post, subdivision, organization, committee or group of members of the AMERICAN LEGION

 

 

 

ARTICLE XIV

 

AMENDMENTS AND ALTERATIONS

 

Amendments to these By-Laws may be made at any meeting of the Post, by vote of two-thirds of the members present, providing thirty days notice of the proposed amendment has been given prior to the called meeting.

 

 

***ENDS***