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The American Legion Post 512 By-Laws are posted here so that members of Post 512 can familiarize themselves with the Rules and Regulations, aka, By-Laws of their Post. By-Laws may vary from Post to Post so it is paramount upon Post 512 members to be aware of 'their' By-Laws.
Please read carefully
Please read carefully
THE AMERICAN LEGION
DEPARTMENT OF CALIFORNIA
BY-LAWS OF CARMEL POST 512
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 community, state and nation; to combat 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 l – NAME
Section l. The name of this organization shall be: Carmel Post No. 512, THE AMERICAN LEGION, Department of California, located at Carmel, California. Hereafter referred to as "Post".
ARTICLE II – OBJECTIVE
Section l. The objective 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.
ARTICLE lll – NATURE
Section l. This post is a civilian organization and 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 their military or naval title in any meeting of the Post.
Section ll. This Post shall be absolutely non-political 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. No candidate for nomination or election to, or incumbent officer holding any remunerative elective public office, shall hold any elective office, or any appointive office (remunerative), in the Post, provided, however, that this provision shall not affect membership in the Post, Department, or National standing or special committees.
Section lll. Members shall perform their full duties as a citizen.
ARTICLE lV – MEMBERSHIP
Section l. The Eligibility for Membership of this Post shall be those dates and conditions set forth in Article lV, section 1 of the National Constitution of the American Legion.
Section ll. Application for membership shall be made in writing under such regulations as may from time to time be scribed by the Post Executive Committee.
Section lll. All applications for membership shall be acted upon at the meeting of the Post next following the making of such application, and shall at such meeting be accepted, rejected or referred for further investigation and consideration; a majority vote to accept the application shall be effective. A rejected application shall not again be considered until the expiration of six months from the date of such rejection.
Section lV. Any member of this Post may be expelled for cause by a two-thirds vote of the Post Executive Committee after charges are preferred under oath in writing, and a fair trial had upon the same.
Section V. 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 Post meeting, and the payment of current dues for the year in which the reinstatement occurs.
Section Vl. No person who has been expelled by another 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, they may then appeal to the State 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 l (a). The officers of this Post shall be the Commander, First Vice Commander, Second Vice Commander, Adjutant, Finance Officer, Chaplain, Historian, Judge Advocate, Service Officer, and Sergeant-at-Arms.
Section l (b). The elective officers of the Post shall be the Commander, the First Vice Commander, Second Vice Commander, and Sergeant-at-Arms. Neither the Commander or Vice Commanders may hold any other office in the Post, but any other officer may fill two or more offices.
Section l (c). The following officers shall be appointed by the Commander; Finance Officer; Chaplain; Historian; Judge Advocate; Service Officer and Adjutant.
Section l (d). In addition, there shall be five elective members of the Executive Committee, who shall be elected at the same time and in the same manner as the elective officers specified in Section l (a), supra, and together with them comprise the Executive Committee.
Section 2 (a). The elective Post officers and the additional members of the Executive Committee shall be nominated at the regular April meeting of the Post; additional nominations may be made from the floor during the May meeting, at which time elections shall be held. Ten days advance notice of both nominations and elections shall be given the membership in writing and the Adjutant shall certify in the minutes that such advance notice has been given the membership, both of the nomination and the election.
Section 2 (b). Elections shall be by secret ballot, (written), and a majority of the votes cast shall be required for election in each case.
Section 3. The elective members and Executive Committee and all other Post Officers shall be installed at a Post meeting in June, to serve for one year unless sooner relieved.
Section 4. The duties of officers and Executive Committee members shall be those usually pertaining to such officers and committee members, and as further provided for in these By-Laws.
Section 5. Vacancies in elective offices shall be filled by secret ballot at a regular meeting as soon as practicable following the creation of the vacancy; pending such election, the Commander shall appoint an "acting" officer to ensure that the work of the Post is properly carried out. Any vacancy in an appointive office shall be filled by a new appointment.
Section 6. The office of Finance Officer and any other office and/or position charged with Post funds, shall be bonded under agreement with Department Headquarters...
Section 7. In the event any Post Officer or Executive Committee member shall have failed to pay their current dues prior to the first meeting of the Post in January, their office shall be declared vacant and filled as prescribed in Section 5, supra.
Section 8. Any Officer or Executive Committee member who shall miss three successive meetings of the Post, the Executive Committee, or the Post and/or the Executive Committee, shall thereby forfeit their office and the vacancy shall be filled as prescribed in Section 5, supra.
ARTICLE Vl – FINANCE
Section 1. The fiscal year of the Post shall run from 1 July to the succeeding 30 June. The Finance Officer shall keep proper books of account and shall submit same for audit within 90 days of the installation of new Post Officers. Such audit shall be made by a committee of at least three disinterested persons and the report of such audit shall be filed with the Post Adjutant.
Section 2. No appropriations shall be made without first referring the same to the Finance Committee for report therefrom. The Executive Committee shall prescribe the form in which the financial record of the Post shall be kept.
ARTICLE Vll – THE AMERICAN LEGION AUXILARY
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Carmel Post No 512, 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 Vlll – 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 1921, with subsequent amendments adopted and approved by later conventions.
Section 2. Roberts’ Rules of Order, revised, shall govern the conduct of all meetings except as may be otherwise provided in these By-Laws.
ARTICLE lX – POST EXECUTIVE COMMITTEE
Section 1. The Post Executive Committee shall meet 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. Thereafter the Post Executive Committee shall meet at the call of the Commander at least once a month 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 or more members of said Post Executive Committee. Five members of the Post Executive committee shall constitute a quorum thereof.
Section 2. The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of Post funds; shall hear the reports of Post committee chairperson(s); and generally, shall have charge of and be responsible for the management of affairs of this Post.
ARTICLE X – MEETINGS
Section 1. The regular meetings of this Post shall be held on the First Monday of each month at the Carmel Post Hall.
Section 2. Special meetings may be called by the Commander or by the Executive Committee, and also must be called upon the written request of five members. No special meeting shall be called unless announced by the Commander at the regular meeting proceeding, or unless notice be mailed to each member ten days prior to said meeting, stating the time and place of the meeting and the subject to be considered.
Section 3. The Post at any meeting may consider and pass upon any matter irrespective of whether such matter may have been previously considered by the Executive Committee.
Section 4. A quorum at all Post meetings shall consist of 8 members.
Section 5. The Executive Committee shall regularly meet at least once between meetings of the Post at a time and place designated by the Post Commander. A majority shall constitute a quorum. Said committee may hold such special meetings as said committee of the Commander may deem advisable, notice thereof being mailed to each member at least seventy-two hours before the time of the meeting, setting forth the time and place of the meeting and the matter to be considered.
Section 6. No member shall take part in any Post meeting or election unless he is in good standing.
Section 7. No member shall be represented nor shall any member 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.
ARTICLE Xl – DUTIES OF 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 of the Executive Committee, to have general supervision over business affairs of the Post and to serve as the Chief Executive Officer of the Post. The Post commander 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, and when called upon by, the Post Commander.
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 such other duties as directed by the Post.
Section 4. Duties of the Finance Officer: The Finance Officer shall be charged with the custody of the funds of the Post, shall keep its accounts and report thereon at the regular meetings of
the Post, shall receive all funds of the Post and pay all bills approved by the Post, and shall be bonded under a blanket bond to be procured from the Department headquarters and paid for by the Post.
Section 6. Duties of the 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., adhering to such ceremonial rituals as are recommended from time to time by the National or Departmental Headquarters.
Section 7. Duties of the Post Historian: The Post Historian shall be charged with the individual records and incidents of the Post and of Post members and shall perform such other duties as directed by the Post.
Section 8: Duties of the Post Judge Advocate: The Post Judge Advocate shall advise the Post Officers on the construction and interpretation of the Post’s Constitution and By-Laws and perform such other duties as directed by the Post.
Section 9. Duties of the Post Service Officer: The Post Service Officer shall advise all Comrades and their dependents with respect to their rights and benefits and assist them in processing claims.
Section 10. Duties of the Post Sergeant-at-Arms: The Sergeant-at-Arms shall preserve order at all meetings and shall perform other such duties as may be from time to time assigned him by the Post.
ARTICLE Xll – DUES, FEES, AND FUNDS
Section 1. The annual dues shall be as determined by the executive committee.
Section 2. There will be no initiation fee fixed by the Post.
Section 3. From such dues the Post shall pay all per capita taxes or other assessments and such other expenditures as the Post may approve.
Section 4. A member whose dues for the current year have not been paid by 1 January shall be classified as delinquent. If the member’s dues are paid on or before 1 February, said member shall be automatically reinstated. If the member is still delinquent after 1 February, said member shall be suspended from all privileges. If the member is still under suspension on 30 June of such year such 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 a vote of the Post and payment of current dues for the year in which reinstatement occurs. See Section 7 of Article V for disposition of Post Officers and members of the Executive Committee who fail to pay their dues promptly.
ARTICLE Xlll – DELEGATES AND REPRESENTATIVES
Section 1. The delegates and alternates to represent the Post at Department Conventions shall be elected at a regular meeting of the Post by vote of those present and voting. The election shall be held at least twenty (20) days before the Department Convention convenes. The time and place for holding the election must be announced by the post Commander one regular meeting in advance of the election.
Section 2. Delegates of this Post to the 28th District shall be appointed or elected as prescribed by the District By-Laws and shall serve for one year.
ARTICLE XlV - APPOINTMENTS
Section 1. The Post Commander, immediately upon taking office each year, shall appoint a Finance Committee and such other committees as shall be found necessary. Standing Committees shall consist of such number as may be determined by the Post and the Chairperson of each shall be designated by the Post Commander.
Section 2. AUDIT: This 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 90 days following installation of Post Officers and for the period of the immediate fiscal year of the Post as set forth in Section 1, Article Vl, supra. The Post shall certify to the Department Adjutant prior to 1 DECEMBER each year that such an examination has been made and file the original thereof with the Department Adjutant before said date, with a copy thereof to the Commander of District 28. The Department Commander, the Post Commander, or the Post Executive Committee may order an audit of the books of account at such other times during the fiscal year as may be deemed advisable. Should the Post fail to meet any of the requirements of this section within said times, or any general or special extension thereof, such failure shall be deemed a delinquency and thereafter the delegate of the Post shall not be entitled to be accredited at the Department Convention. The certification to the Department Adjutant and the report of examination referred to above may be put on forms furnished by the office of the Department Adjutant.
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, reinstatement and eligibility of members, subject to the approval of the Post.
Section 4. FINANCE COMMITTEE: The Finance Committee shall be charged with administration of the financial policy, preparation of an annual budget with recommendations and shall supervise the receipt, disbursal, and accounting of all post funds.
ARTICLE XV – LIMITATIONS OF LIABILITIES
Section 1. This Post shall not incur, nor cause to be incurred, any liability or obligation whatsoever which shall subject to liability any other individuals, corporations, or organizations.
ARTICLE XVl – 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 the Post Adjutant, shall in each case be forwarded to the Department Adjutant.
ARTICLE XVll – 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 a member of the Executive Committee may be filed at any time with Adjutant. The Adjutant shall within five (5) days thereafter, 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 report on the correctness of the signatures to the Executive Committee at its next meeting. If it shall appear from the report of the Adjutant that ten percent of the membership have signed said petition, the Executive Committee 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 weeks nor more than six weeks after such meeting of the Executive Committee. If the report of the Adjutant shall show that less than ten percent of the membership have signed the petition, it shall be forthwith returned to the member who filed same with the Adjutant, and that member shall then have ten days thereafter to obtain the required number of valid signatures and to refile said petition with the Adjutant, who shall recheck with the records and resubmit the same to the Executive Committee at its next meeting thereafter with the report. If the petition is then found to be sufficient, the recall election shall be fixed as set forth above. If the petition is found to be insufficient, it shall be rejected by the Executive Committee.
Section 2. Notice of this date, time, and place of holding of the recall election shall be mailed to the same address as appears in the Post records for each member of the Post in good standing, 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 the Officer or member of the Executive Committee)
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 election.
Section 5. If the Officer or member of the Executive Committee 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 the election. The person recalled shall not be eligible to be a candidate for election to fill the vacancy.
ARTICLE XVlll – AMENDMENTS
Section 1. Proposed amendments to these By-Laws must be submitted in writing at a regular meeting of the Post and read thereat. At the next regular meeting, or subsequently if postponed, the proposed amendment shall require a two-thirds affirmative vote of those present and voting.
Section 2 (a). Those By-Laws shall be amended to conform to any changes 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.
Section 2 (b). Any amendment initiated by the Post shall not be in final force or effect until approved by the Constitution and By-Laws Commission of the Department of California but shall be temporarily enforced pending action thereon if not in conflict with the Constitution and By-Laws or adopted policy of the American Legion, or the Department of California, The American Legion.
We hereby certify that the above By-Laws were read and/or published at two meetings and adopted on __________, a quorum being present and by two thirds vote of those present and voting.
First reading:
Second reading and adoption:
Signed
Post Commander Post Adjutant
American Legion Post 512
Box 512
Carmel, California 93921
DEPARTMENT OF CALIFORNIA
BY-LAWS OF CARMEL POST 512
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 community, state and nation; to combat 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 l – NAME
Section l. The name of this organization shall be: Carmel Post No. 512, THE AMERICAN LEGION, Department of California, located at Carmel, California. Hereafter referred to as "Post".
ARTICLE II – OBJECTIVE
Section l. The objective 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.
ARTICLE lll – NATURE
Section l. This post is a civilian organization and 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 their military or naval title in any meeting of the Post.
Section ll. This Post shall be absolutely non-political 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. No candidate for nomination or election to, or incumbent officer holding any remunerative elective public office, shall hold any elective office, or any appointive office (remunerative), in the Post, provided, however, that this provision shall not affect membership in the Post, Department, or National standing or special committees.
Section lll. Members shall perform their full duties as a citizen.
ARTICLE lV – MEMBERSHIP
Section l. The Eligibility for Membership of this Post shall be those dates and conditions set forth in Article lV, section 1 of the National Constitution of the American Legion.
Section ll. Application for membership shall be made in writing under such regulations as may from time to time be scribed by the Post Executive Committee.
Section lll. All applications for membership shall be acted upon at the meeting of the Post next following the making of such application, and shall at such meeting be accepted, rejected or referred for further investigation and consideration; a majority vote to accept the application shall be effective. A rejected application shall not again be considered until the expiration of six months from the date of such rejection.
Section lV. Any member of this Post may be expelled for cause by a two-thirds vote of the Post Executive Committee after charges are preferred under oath in writing, and a fair trial had upon the same.
Section V. 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 Post meeting, and the payment of current dues for the year in which the reinstatement occurs.
Section Vl. No person who has been expelled by another 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, they may then appeal to the State 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 l (a). The officers of this Post shall be the Commander, First Vice Commander, Second Vice Commander, Adjutant, Finance Officer, Chaplain, Historian, Judge Advocate, Service Officer, and Sergeant-at-Arms.
Section l (b). The elective officers of the Post shall be the Commander, the First Vice Commander, Second Vice Commander, and Sergeant-at-Arms. Neither the Commander or Vice Commanders may hold any other office in the Post, but any other officer may fill two or more offices.
Section l (c). The following officers shall be appointed by the Commander; Finance Officer; Chaplain; Historian; Judge Advocate; Service Officer and Adjutant.
Section l (d). In addition, there shall be five elective members of the Executive Committee, who shall be elected at the same time and in the same manner as the elective officers specified in Section l (a), supra, and together with them comprise the Executive Committee.
Section 2 (a). The elective Post officers and the additional members of the Executive Committee shall be nominated at the regular April meeting of the Post; additional nominations may be made from the floor during the May meeting, at which time elections shall be held. Ten days advance notice of both nominations and elections shall be given the membership in writing and the Adjutant shall certify in the minutes that such advance notice has been given the membership, both of the nomination and the election.
Section 2 (b). Elections shall be by secret ballot, (written), and a majority of the votes cast shall be required for election in each case.
Section 3. The elective members and Executive Committee and all other Post Officers shall be installed at a Post meeting in June, to serve for one year unless sooner relieved.
Section 4. The duties of officers and Executive Committee members shall be those usually pertaining to such officers and committee members, and as further provided for in these By-Laws.
Section 5. Vacancies in elective offices shall be filled by secret ballot at a regular meeting as soon as practicable following the creation of the vacancy; pending such election, the Commander shall appoint an "acting" officer to ensure that the work of the Post is properly carried out. Any vacancy in an appointive office shall be filled by a new appointment.
Section 6. The office of Finance Officer and any other office and/or position charged with Post funds, shall be bonded under agreement with Department Headquarters...
Section 7. In the event any Post Officer or Executive Committee member shall have failed to pay their current dues prior to the first meeting of the Post in January, their office shall be declared vacant and filled as prescribed in Section 5, supra.
Section 8. Any Officer or Executive Committee member who shall miss three successive meetings of the Post, the Executive Committee, or the Post and/or the Executive Committee, shall thereby forfeit their office and the vacancy shall be filled as prescribed in Section 5, supra.
ARTICLE Vl – FINANCE
Section 1. The fiscal year of the Post shall run from 1 July to the succeeding 30 June. The Finance Officer shall keep proper books of account and shall submit same for audit within 90 days of the installation of new Post Officers. Such audit shall be made by a committee of at least three disinterested persons and the report of such audit shall be filed with the Post Adjutant.
Section 2. No appropriations shall be made without first referring the same to the Finance Committee for report therefrom. The Executive Committee shall prescribe the form in which the financial record of the Post shall be kept.
ARTICLE Vll – THE AMERICAN LEGION AUXILARY
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Carmel Post No 512, 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 Vlll – 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 1921, with subsequent amendments adopted and approved by later conventions.
Section 2. Roberts’ Rules of Order, revised, shall govern the conduct of all meetings except as may be otherwise provided in these By-Laws.
ARTICLE lX – POST EXECUTIVE COMMITTEE
Section 1. The Post Executive Committee shall meet 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. Thereafter the Post Executive Committee shall meet at the call of the Commander at least once a month 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 or more members of said Post Executive Committee. Five members of the Post Executive committee shall constitute a quorum thereof.
Section 2. The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of Post funds; shall hear the reports of Post committee chairperson(s); and generally, shall have charge of and be responsible for the management of affairs of this Post.
ARTICLE X – MEETINGS
Section 1. The regular meetings of this Post shall be held on the First Monday of each month at the Carmel Post Hall.
Section 2. Special meetings may be called by the Commander or by the Executive Committee, and also must be called upon the written request of five members. No special meeting shall be called unless announced by the Commander at the regular meeting proceeding, or unless notice be mailed to each member ten days prior to said meeting, stating the time and place of the meeting and the subject to be considered.
Section 3. The Post at any meeting may consider and pass upon any matter irrespective of whether such matter may have been previously considered by the Executive Committee.
Section 4. A quorum at all Post meetings shall consist of 8 members.
Section 5. The Executive Committee shall regularly meet at least once between meetings of the Post at a time and place designated by the Post Commander. A majority shall constitute a quorum. Said committee may hold such special meetings as said committee of the Commander may deem advisable, notice thereof being mailed to each member at least seventy-two hours before the time of the meeting, setting forth the time and place of the meeting and the matter to be considered.
Section 6. No member shall take part in any Post meeting or election unless he is in good standing.
Section 7. No member shall be represented nor shall any member 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.
ARTICLE Xl – DUTIES OF 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 of the Executive Committee, to have general supervision over business affairs of the Post and to serve as the Chief Executive Officer of the Post. The Post commander 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, and when called upon by, the Post Commander.
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 such other duties as directed by the Post.
Section 4. Duties of the Finance Officer: The Finance Officer shall be charged with the custody of the funds of the Post, shall keep its accounts and report thereon at the regular meetings of
the Post, shall receive all funds of the Post and pay all bills approved by the Post, and shall be bonded under a blanket bond to be procured from the Department headquarters and paid for by the Post.
Section 6. Duties of the 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., adhering to such ceremonial rituals as are recommended from time to time by the National or Departmental Headquarters.
Section 7. Duties of the Post Historian: The Post Historian shall be charged with the individual records and incidents of the Post and of Post members and shall perform such other duties as directed by the Post.
Section 8: Duties of the Post Judge Advocate: The Post Judge Advocate shall advise the Post Officers on the construction and interpretation of the Post’s Constitution and By-Laws and perform such other duties as directed by the Post.
Section 9. Duties of the Post Service Officer: The Post Service Officer shall advise all Comrades and their dependents with respect to their rights and benefits and assist them in processing claims.
Section 10. Duties of the Post Sergeant-at-Arms: The Sergeant-at-Arms shall preserve order at all meetings and shall perform other such duties as may be from time to time assigned him by the Post.
ARTICLE Xll – DUES, FEES, AND FUNDS
Section 1. The annual dues shall be as determined by the executive committee.
Section 2. There will be no initiation fee fixed by the Post.
Section 3. From such dues the Post shall pay all per capita taxes or other assessments and such other expenditures as the Post may approve.
Section 4. A member whose dues for the current year have not been paid by 1 January shall be classified as delinquent. If the member’s dues are paid on or before 1 February, said member shall be automatically reinstated. If the member is still delinquent after 1 February, said member shall be suspended from all privileges. If the member is still under suspension on 30 June of such year such 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 a vote of the Post and payment of current dues for the year in which reinstatement occurs. See Section 7 of Article V for disposition of Post Officers and members of the Executive Committee who fail to pay their dues promptly.
ARTICLE Xlll – DELEGATES AND REPRESENTATIVES
Section 1. The delegates and alternates to represent the Post at Department Conventions shall be elected at a regular meeting of the Post by vote of those present and voting. The election shall be held at least twenty (20) days before the Department Convention convenes. The time and place for holding the election must be announced by the post Commander one regular meeting in advance of the election.
Section 2. Delegates of this Post to the 28th District shall be appointed or elected as prescribed by the District By-Laws and shall serve for one year.
ARTICLE XlV - APPOINTMENTS
Section 1. The Post Commander, immediately upon taking office each year, shall appoint a Finance Committee and such other committees as shall be found necessary. Standing Committees shall consist of such number as may be determined by the Post and the Chairperson of each shall be designated by the Post Commander.
Section 2. AUDIT: This 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 90 days following installation of Post Officers and for the period of the immediate fiscal year of the Post as set forth in Section 1, Article Vl, supra. The Post shall certify to the Department Adjutant prior to 1 DECEMBER each year that such an examination has been made and file the original thereof with the Department Adjutant before said date, with a copy thereof to the Commander of District 28. The Department Commander, the Post Commander, or the Post Executive Committee may order an audit of the books of account at such other times during the fiscal year as may be deemed advisable. Should the Post fail to meet any of the requirements of this section within said times, or any general or special extension thereof, such failure shall be deemed a delinquency and thereafter the delegate of the Post shall not be entitled to be accredited at the Department Convention. The certification to the Department Adjutant and the report of examination referred to above may be put on forms furnished by the office of the Department Adjutant.
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, reinstatement and eligibility of members, subject to the approval of the Post.
Section 4. FINANCE COMMITTEE: The Finance Committee shall be charged with administration of the financial policy, preparation of an annual budget with recommendations and shall supervise the receipt, disbursal, and accounting of all post funds.
ARTICLE XV – LIMITATIONS OF LIABILITIES
Section 1. This Post shall not incur, nor cause to be incurred, any liability or obligation whatsoever which shall subject to liability any other individuals, corporations, or organizations.
ARTICLE XVl – 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 the Post Adjutant, shall in each case be forwarded to the Department Adjutant.
ARTICLE XVll – 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 a member of the Executive Committee may be filed at any time with Adjutant. The Adjutant shall within five (5) days thereafter, 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 report on the correctness of the signatures to the Executive Committee at its next meeting. If it shall appear from the report of the Adjutant that ten percent of the membership have signed said petition, the Executive Committee 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 weeks nor more than six weeks after such meeting of the Executive Committee. If the report of the Adjutant shall show that less than ten percent of the membership have signed the petition, it shall be forthwith returned to the member who filed same with the Adjutant, and that member shall then have ten days thereafter to obtain the required number of valid signatures and to refile said petition with the Adjutant, who shall recheck with the records and resubmit the same to the Executive Committee at its next meeting thereafter with the report. If the petition is then found to be sufficient, the recall election shall be fixed as set forth above. If the petition is found to be insufficient, it shall be rejected by the Executive Committee.
Section 2. Notice of this date, time, and place of holding of the recall election shall be mailed to the same address as appears in the Post records for each member of the Post in good standing, 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 the Officer or member of the Executive Committee)
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 election.
Section 5. If the Officer or member of the Executive Committee 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 the election. The person recalled shall not be eligible to be a candidate for election to fill the vacancy.
ARTICLE XVlll – AMENDMENTS
Section 1. Proposed amendments to these By-Laws must be submitted in writing at a regular meeting of the Post and read thereat. At the next regular meeting, or subsequently if postponed, the proposed amendment shall require a two-thirds affirmative vote of those present and voting.
Section 2 (a). Those By-Laws shall be amended to conform to any changes 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.
Section 2 (b). Any amendment initiated by the Post shall not be in final force or effect until approved by the Constitution and By-Laws Commission of the Department of California but shall be temporarily enforced pending action thereon if not in conflict with the Constitution and By-Laws or adopted policy of the American Legion, or the Department of California, The American Legion.
We hereby certify that the above By-Laws were read and/or published at two meetings and adopted on __________, a quorum being present and by two thirds vote of those present and voting.
First reading:
Second reading and adoption:
Signed
Post Commander Post Adjutant
American Legion Post 512
Box 512
Carmel, California 93921