Draft of By-Laws
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 association 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 safe guard and transmit to prosperity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.
CONSTITUTION ARTICLE I – NAME
SECTION 1. The name of this organization shall be American Legion "Carl Boyd Post No. 42", as indicated upon the charter issued October 9th, 1919.
ARTICLE II – OBJECTIVE
SECTION 1. The objective and purpose of this Post shall be to promote the principles and policies as set forth in the foregoing Preamble, and the National, Department and District Constitutions of The American Legion.
ARTICLE III NATURE
SECTION 1. This Post is a civilian veteran’s organization. Dedicated to the enhancement and wellbeing of veterans and their families. Whereby membership is determined by honorable military service during a qualifying period established by congress and adopted by The American Legion.
SECTION 2. This organization shall be non-political in nature. Dissemination of partisan principles or for the promotion of the candidacy of any person seeking public office or preferment is strictly prohibited.
SECTION 3. Within the American Legion rank does not exist; no member shall be addressed by their military title in any official meeting of this Post.
SECTION 4. The legion cap and uniforms shall be worn in accordance with guidelines established by The American Legion.
ARTICLE IV – MEMBERSHIP
SECTION 1. Eligibility to membership in this Post shall be as prescribed by the Constitution of The American Legion.
SECTION 2. All applications for membership shall be acted upon at the next Post meeting following the making of such application, and shall at such meeting be accepted, rejected or referred for further investigation and consideration. If a simple majority of members in attendance cast their vote against the acceptance of said application, then such application shall be recorded as rejected. A rejected application shall not again be considered until after the expiration of six (6) months from date of rejection or upon favorable endorsement by an investigating committee appointed by the Commander.
SECTION 3 Any member of this Post may be expelled for cause. The process consist of: Charges are to be submitted in writing to the appropriate Adjutant (Post/District/Department). The Judge Advocate will ensure all notifications will ensure all notifications are made within established guidelines. He will preside over the trial ensuring fairness to all is paramount. At any point if conflict of interest exists with the administrating officials, they must recuse themselves and pass the duty upline to the next level. The trial process shall be conducted in accordance with procedures prescribed by The American Legion (National) and adopted by the Department of Georgia.
SECTION 4. A member who has been suspended (not including those who are Expelled through the trial process) from the Post for cause may be reinstated to membership once term of suspension is completed by: Introducing the application at a regularly scheduled Post Meeting. Reading the application at the next regularly scheduled meetings where with favorable nomination a ballot vote will be held requiring two-thirds majority of the voting members. Payment of current dues for the year in which the reinstatement occurs will be due upon reinstatement.
SECTION 5. Reinstatement of any former member who was expelled or suspended from another Post/Department requires written consent from former Post/Department per National guidelines. In the event the former denies or fails to respond reinstatement request may be appealed to the Department of Georgia Executive Committee. Once approval is obtained reinstatement guidelines in Section 4. Shall be followed.
ARTICLE V – ADMINISTRATION
SECTION 1. The administrative affairs of the Carl Boyd Post 42 shall, be administered by the Executive Committee except as may be otherwise provided by the By-Laws, The Executive Committee which shall consist of: immediate Past Commander, Elected Officers of the Post with voice and vote. All other past commanders in good standing are recognized as members with voice only.
SECTION 2. Officers of the Post shall be: Commander, Senior Vice Commander, one (1) or more Junior Vice Commanders, Adjutant, Finance Officer, Historian, Chaplain, Sergeant-At-Arms, Service Officer, Judge Advocate, and such other Officers as may be deemed necessary, by The Executive Committee.
SECTION 3. Every member of the Post in good standing shall be eligible to hold office in this Post.
SECTION 4. The duties of Officers and Executive Committee members shall be those usually appertaining to such Officers and Committee Persons and as further established by The American Legion Post Operations Manual.
ARTICLE VI – FINANCE
SECTION 1. The revenue of this Post shall be derived from annual membership dues and from sources as may be approved by the Post Executive Committee.
SECTION 2. DUES: The amount of annual dues shall be determined by The Executive Committee. The prorated portion of dues collected on behalf of National and the Department shall be forwarded in accordance with the procedures established for that purpose.
ARTICLE VII --
AMERICAN LEGION AUXILIARY RECOGNITION
SECTION 1. This Post recognizes an Auxiliary organization to be known as: Carl Boyd Unit 42.
SECTION 2. This Post recognizes the organization to be known as: Chapter 42, Legion Riders.
SECTION 3. Membership of Unit 42 & Chapter 42 shall be as prescribed by the National Constitution of the American Legion.
ARTICLE VIII – AMENDMENTS
SECTION 1. This Constitution is adopted subject to the provisions of the National Constitution of The American Legion, The Constitution of the Department of Georgia and the Constitution of the Department of Georgia Seventh District. Any amendments to said National Constitution, Department of Georgia Constitution or the Seventh District Constitution which is in conflict with any provision hereof shall be regarded as automatically repealing or modifying the provisions of this constitution to the extent of such conflict
SECTION 2. This Constitution may be amended by a vote of two-thirds of the members in good standing attending such regular meeting, providing that a proposed amendment shall have been submitted in writing, read or published via written copy at the proceeding regular meeting, and providing, further, that written
notice and/or electronic Publication shall have been given made available to all members at least thirty (30) days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the constitution is to be voted on. Written publication introduced to the members and posted in the Legion Hall at the preceding meeting is considered notice to all members. Website and newsletter notification may be utilized along publication in the meeting hall.
ARTICLE I – ORGANIZATION
SECTION 1. The Post existing under these By-Laws is to be known as "Carl Boyd" Post No. 42, The American Legion, Department of Georgia.
SECTION 2. The objectives of this Post are as set forth in the Constitution.
ARTICLE II -- ADMINISTRATION
SECTION 1. The Post Commander shall be the Chief Executive Officer of the Post. The overall responsibility for the post operations, events and leadership remain solely within the duties of the Commander. The
Executive Committee chaired by the Post Commander as established in the Post Constitution is entrusted to govern and manage post affairs.
SECTION 2. Post Funding and Dues are outlined in Article IV of the Post Constitution. All funds raised during the fair are to be turned over to Bartow American Legion Home and Memorial, Inc (BALH&M) within 30 days of Fair accounting closeout.
SECTION 3. Post Debit Cards are issued for “official use only” and shall be limited to: Current Commander, Adjutant and Finance Officer. Each person issued a card shall verify card number with the Finance Officer and receive approval from Commander/Finance Officer for use of card. Upon use receipt must be provided to the Finance Officer within 3 days. Expenditures outside of budgeted items must have prior approval.
SECTION 4. Audits, The Post Commander or the Post Executive Committee by may call for the audit of the Post Financial Account(s) and any other accounts related to or subordinate to “American Legion Post 42” to include Chapter 42 and Squadron 42.
SECTION 5. The Post Finance Officer will have signature authority on all accounts involving the Post, Squadron 42 and Chapter 42 as directed by Department of Georgia.
SECTION 6. The Post's annual financial audit will be performed immediately prior to the annual election of Post Officers. The Post Commander or the Post Executive Committee may call for an audit, of the Posts' financial records to be conducted by the Post Judge Advocate at any time
ARTICLE III -- POST EXECUTIVE COMMITTEE
SECTION 1. The Executive Committee shall consist of the Elected Officers of the Post, the immediate Past Commander with voice and vote. All other past commanders in good standing shall be de facto members with voice only.
SECTION 2. The incoming elected officers and others which makeup the Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander elect within twenty (20) days after the elections are held. After the installation of the new Officers the actions of this committee will take effect. Thereafter, the Post Executive Committee shall meet monthly or at the call of the Post Commander. Simple majority of the voting members of the Committee present shall constitute a quorum thereof.
SECTION 3. The 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 reports of Post Committee Chairpersons, and generally shall have charge of and be responsible for the management of the affairs of this Post.
ARTICLE VI – ELECTIONS
SECTION 1. The Post shall elect its Officers annually at a time not less that fifteen (15) nor more than sixty (60) days in advance of the ensuing Department Convention. (IAW National and Department guidelines.)
SECTION 2. The Post Commander shall cause notice of the annual election to be given at least 30 (thirty) days prior there to. A combination of prior months minutes, posting in the meeting hall, newsletter, website and social media published 30 or more days in advance are accepted as notice served.
SECTION 3. During the annual elections the membership shall elect from the list of nominees: COMMANDER, SR and JR VICE COMMANDERS, FINANCE OFFICER. Election of Officers shall be by paper ballot the candidate(s) receiving the most votes for the respective office for which they are a candidate shall be declared the winning candidate. In the event of a tie or withdrawal a runoff must be held until a winner is determined. The remaining Officers outlined in the Constitution Article V Section 2. shall be nominated by the Commander and approved by the Executive Committee within 30 days of the election.
SECTION 4. Vacancies existing in Executive Committee, or Post Office from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the Executive Committee, and those so appointed shall hold office for the unexpired term of whom they succeed. A vacancy shall exist through resignation, removal, medical incapacitation or is absent from their duties for a period considered detrimental to the interest of the Post by the Executive Committee.
ARTICLE V -- APPOINTMENTS
SECTION 1. The Post Commander, immediately upon taking office each year, shall appoint the following officers and committee chairmen and members with the approval of the Executive Committee:
- OFFICERS: Adjutant, Chaplain, Sgt at Arms, Judge Advocate, Service Officer, and Historian.
- COMMITTEE CHAIRMEN: Membership, Fundraising and Entertainment, Finance, Fair, Legal, Public Relations, Rehabilitation and Service, Visitation, Americanism, Honor Guard, Sons of the American Legion, American Legion Riders and Child Welfare.
- ADDITIONAL OFFICERS & CHAIRMEN: If required, shall follow the same requirements for appointment as those identified above.
SECTION 2. Membership Committee: The membership committee, under the direction of the Post Senior Vice Commander, shall have charge of all matters pertaining to the membership of the Post, including the procuring of new members, reinstatements and eligibility of members.
SECTION 3. Fundraising and Entertainment Committee: The House and Entertainment Committee, under the direction of a Post Junior Vice Commander, shall have charge of all matters pertaining to the care of the Post quarters, social functions, and promotion of club activities.
SECTION 4. Finance Committee: The Finance Committee chaired by the Finance Officer shall be charged with the administration of the financial policy, preparation of budget recommendations and supervision of receiving, disbursing and accounting of all Post Funds.
SECTION 5. Fair: The Fair Committee: shall include the Post Finance Officer. Working with Post 42 and Bartow American Legion Home and Memorial, Inc they are hereby charged with the overall responsibility to produce the annual Bartow County Fair.
SECTION 6. Legal Committee: The Legal Committee chaired by the Judge Advocate shall be charged with the legal supervision of Post affairs, insurance requirements, risk management and audit of the Post Financial Accounts when called upon by the Commander.
SECTION 7. Public Relations Committee: under the direction of a Post Junior Vice Commander shall be charged with the promotion of public support of the Legion programs by establishment of proper contact with local agencies (newsprint, radio, flyers and electronic media (website and Facebook etc..) along with the American Legion Magazine, Department and National Legion news service.
SECTION 8. Rehabilitation and Service Committee: The Rehabilitation and Service Committee shall supervise all matters pertaining to service to veterans in the prosecution of all just claims against the United States or State Governments, employment, relief, etc.
SECTION 9. Visitation Committee: The Visitation Committee, under the direction of the Post Chaplain, is charged with the visiting and comforting of members and their families when sick or bereaved and with visiting former members of the Armed Forces in nearby hospitals or nursing homes.
SECTION 10. Americanism Committee: The Americanism Committee, under the direction of a Post Junior Vice Commander shall be charged with inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions, encouragement of patriotic and civic phases of instruction in schools, Americanization of aliens, combating anti-American propaganda by education of the general public in American ideals through public forums, etc., and activities for community and civic betterment.
SECTION 11. Sons of the American Legion: The Post SAL Advisor will be appointed by the Post Commander and shall be the operational overseer of the Posts' Squadron of the Sons of the American Legion.
SECTION 12. American Legion Riders: The ALR Advisor will be appointed by the Post Commander and shall be the liaison of the Posts ALR Chapter.
SECTION 13. Child Welfare Committee: The Child Welfare Committee shall be charged with aid and service to children of veterans, cooperating with other established agencies in the community, laboring for betterment of child conditions and in coordinating services and agencies in the community for the above purposes. To act as intermediary for the needy child of a veteran in obtaining the fulfillment of the Legion's pledge that "no child of a veteran shall need the necessities of life" and "a square deal for every child".
SECTION 14. Honor Guard: The Honor Guard shall be charged with providing funeral honors for fallen comrades, serve as the "guardians of the colors" by displaying and escorting the national flag on ceremonial occasions and at official functions. Serving as ambassadors to the public, presenting a positive image of the organization. Assist with the recruiting effort by participating in events, parades, and other ceremonies about the community. The honor Guard shall maintain the Post flag displays to include hoisting, lowering, half-masting and replacing when required.
SECTION 15. The scope and responsibility of the appointed committees is limited to day to day management of their appointed programs. Committee chairman are responsible for monthly reports to the Executive Committee to include membership BALH&M as required. Committees shall not incur any financial obligation to the post or enter into a binding contract for goods or services without approval of the Executive Committee.
ARTICLE IV-- DUTIES OF OFFICERS
(For a more detailed description see the current Post Operations Manual)
SECTION 1. Duties of Post Commander: Will preside at all Post meetings and have general supervision over the business and affairs of the Post, and such officer shall be the Chief Executive Officer of the Post. Shall approve all orders directing the disbursement of funds; Perform such other duties as directed by the Post. The Commander will have signature authority on all financial accounts.
SECTION 2. Duties of the Post Senior Vice Commander: Preside in the absence of the Post Commander. Shall be chairperson of membership committee and will perform such other duties as are usually incident to their office.
SECTION 3. Duties of the Post Junior Vice Commander(s): Shall perform the specific functions respective assigned to them by the Post Commander. Shall be chairperson of Post Activities Committee.
SECTION 4. Duties of Post Adjutant: The Adjutant shall have charge of and keep a full and correct re cord of all proceeding of all meetings, keep such records as Department and National organization may require, render reports of membership annually or when called upon at a meeting, and under direction of the Commander handle all correspondence of the Post. The Adjutant will have signature authority on all financial accounts.
SECTION 5. Duties of Post Finance Officer: The Finance Officer shall have charge of all finances and see that they are safely deposited into designated FDICA approved local (NW GA) institution. Shall report monthly to the Executive Committee and membership the condition of the finances of the Post and submit an annual report covering all accounts of the ending legion year. Provide recommendations for the ensuring year prior to June 30th annually. Provide the annual budget to the Executive Committee for approval at the meeting following installation of officers or called meeting if held prior to. Provide recommendations as may be deemed expedient or necessary to carry on the activities of the Post. The Finance Officer shall sign all checks and ensure all checks bear the two (2) required signatures thereby disbursing the monies of the Post. Furnish monthly reports to CPA and yearly
reports to GBI and tax filings with the IRS. Post monthly finance report on Post bulletin board. Collect mail from Post Office Box and place in the appropriate mail box in the Post Home.
SECTION 6. Duties of Post Historian: The Historian shall be charged with the individual records and incidents of the Post and Post members and shall perform such other duties as may properly pertain to the office as may be determined by the Post or the Executive Committee.
SECTION 7. Duties of the Post Chaplain: The Chaplain shall be charged with the spiritual welfare of all Post members and will offer divine but non-sectarian service in the event of dedications, funerals, public function, etc., adhere to such ceremonial rituals as are recommended by the National or Department Headquarters.
SECTION 8. Duties of Post 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/her by the Post Commander or the Post Executive Committee. In the event of a Post conducted trial the Sargent at Arms shall serve duties as may be directed by the Judge Advocate.
SECTION 9. Duties of Post Service Officer: The Service Officer's duties are to perform functional un selfish work which is a beneficial service for members of the Post. Also, this service is to extend to all war veterans and their families which need war related services. The welfare of the Post members and war veterans in the community should be the Service Officers primary objective.
SECTION 10. Duties of Post Judge Advocate: The Judge Advocates' duties are to interpret the Constitution and By-Laws of the Post, District, Department and National. To rule on the legality of the Post's action and decisions insofar as they effect the good of the American Legion. To protect the integrity of the American Legion, to hold high the torch of truth and fidelity under which the great American Legion was founded. The Judge Advocates' duty is to supply professional advice in the conduct of the Posts' business or to procure proper counsel. They are the guardian of the Posts' Constitution and By laws. The Judge Advocate has the responsibility of performing an annual financial audit of the Posts' financial accounts.
The Post Commander or the Post Executive Committee may call for an audit, of the Posts' financial records, at any time.
SECTION 1. Delegates and alternates to the Department Convention shall be elected by ballot at a regular meeting of the Post to be held at least fifteen (15) days nor not more than sixty (60) days in advance of the ensuring Department Convention. The Post shall be entitled to five (5) delegates and one additional delegate for each twenty five (25) members or major fraction thereof whose current dues have been received by the Department headquarters ten (10) days prior to the convention. One alternate may be designated for each delegate allowed.
ARTICLE XII -- MEETINGS
SECTION 1. The regular meetings of this Post shall be held on the second Tuesday of each month at the Bartow American Legion Home and Memorial Inc properties unless changed by: the membership or the Executive Committee during short notice situations with majority vote.
SECTION 2. The Post Commander or a simple majority of the Executive Committee members shall have authority to call a special meeting of the Post with due notice.
SECTION 3. Upon the written request of twenty (20) members, in good standing, the Executive Committee shall call a special meeting of the Post with due notice.
SECTION 4. During a regularly scheduled or called meeting Twenty (20) members, plus the Commander or a Vice Commander as the presiding officer and Adjutant, shall constitute a quorum.
SECTION 5. All members shall be notified in writing or electronic publication at least
twenty (20) 15 days, in advance, of a special called meeting.
ARTICLE XI-- RULES OF ORDER
SECTION 1. All proceedings of this Post shall be conducted under and pursuant to Roberts Rules of Order, except as herein otherwise provided within these by-laws.
SECTION 2. As established in Roberts Rules of Order to ensure timely and organized meetings. The Commander sets the agenda for meetings. Members desiring to introduce business, guest, speakers, etc. during meetings should seek approval prior to the meeting. Remedy is outlined in Roberts Rules of Order.
ARTICLE X -- NOTICES
SECTION 1. Every member shall furnish the Post Adjutant with their contact information; mailing address phone number and email for notification purposes. Those without notification information on file will be considered “unreachable” and forfeit the notification privilege.
SECTION 2. Notices may be made by electronic means, website, newsletter and posted in the meeting hall. It is the responsibility of the Executive to ensure proper notice has been given.
ARTICLE IX -- LIMITATIONS OF LIABILITIES
SECTION 1. This Post shall not incur or cause to be incurred liability nor obligations whatever which shall subject to liability any other Post, Subdivision, Group of Men, Members of the American Legion, or other individuals, corporation or organizations.
ARTICLE IIX -- RESOLUTIONS
SECTION 1. All resolutions of State or National Scope presented to this Post by a member or Committee shall merely embody the opinion of this Post on the subject and copy of same shall be forwarded through the Seventh District to Department Headquarters for its approval before any publicity is given or action other than mere passage by the Post is taken.
ARTICLE IIIX - AMENDMENTS
SECTION 1. These By-Laws may be amended at any regular Post meeting by a vote of two-thirds of the members of said Post attending such regular meeting, provided that the proposed amendment shall have been submitted in writing, read or Published via written copy at the next most recent preceding regular meeting of this Post, provided that written notice and electronic Publication shall have been given made available to all members at least thirty (30) days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the By-Laws is to be voted upon. Written publication introduced to the members and posted in the Legion Hall, at the preceding meeting is considered notice to all members.
SECTION 1. These Bylaws are adopted subject to the provisions of The American Legion Bylaws, the Department of Georgia Bylaws and Department of Georgia Seventh District Bylaws. Any amendments to said National, Department or District which is in conflict with any provision hereof shall be regarded as automatically repealing or modifying the provisions of these bylaws to the extent of such conflict
SECTION 2. These Bylaws may be amended by a vote of two-thirds of the members in good standing attending such regular meeting, providing that a proposed amendment shall have been submitted in writing, read or published via written copy at the proceeding regular meeting, and providing, further, that written
notice and/or electronic publication shall have been given made available to all members at least thirty (30) days in advance of the date when such amendment is to be voted upon. notifying said members that at such meeting a proposal to amend the constitution is to be voted on. Written publication introduced to the members and posted in the Legion Hall, at the preceding meeting is considered notice to all members. Website and newsletter notification may be utilized along publication in the meeting hall.
These changes were introduced to the members: ________________________.
Publication in the meeting hall was posted:_____________________________.
Vote was held on ______________, Ballot passed / failed.
Signed Adjutant: ________________________________.
Signed Commander: ____________________________ .
Approved May 8, 2012, at the regular meeting of Carl Boyd Post 42, Cartersville, GA 30120