Post Bylaws Lincoln Deming Post 468 Julian, California

THE AMERICAN LEGION

LINCOLN DEMING POST 468

JULIAN, CALIFORNIA

BY-LAWS

REVISED 2016

THE AMERICAN LEGION

Lincoln Deming Post 468

P.O. Box 205

2503 Washington St.

Julian, CA 92036

(760) 765-0126

 

BY-LAWS

Articles of incorporation for this post are on file with the Secretary of State, under date of October 7, 1936.

PREAMBLE

For God and Country we associated 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.

ARTICLE I – NAME:

Section 1.  The name of this organization is Lincoln Deming Post No. 468, The American Legion, Department of California, located at Julian California, hereinafter referred to as “Post”.

ARTICLE II – OBJECTS:

Section 1.  The objects and purposes of this Post shall be to promote the principles and policies as set forth in the foregoing Preamble, the Articles of Incorporation and National and Department Constitutions of The American Legion.

ARTICLE III – NATURE:

Section 1.  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 military or naval title in any meeting of this post.

Section 2.  This Post shall be non-political.

Section 3.  Each member shall perform his full duty as a citizen.

ARTICLE IV – MEMBERSHIP:

Section 1. The Eligibility for this Post shall be those dates and conditions set forth in Article IV, Section 1 of the National Constitution of The American Legion. Any person shall be eligible for membership in this Post who was a member of the Army, Navy, Marine Corps, Coast Guard, Air Force, or Merchant Marines of the United States of America and assigned to active duty, being a citizen of the United States of America at the time of entry therein, served on active duty in the Armed Forces of any of the governments associated with the United States of America during any of the said periods provided, however, that such service shall have been terminated by honorable discharge or honorable separation or continued honorably after any of said periods, provided further that no person shall be entitled to membership who, being in such service during any of said periods refused on conscientious, political or other grounds to become subjected to military discipline or unqualified service; or who being in such service was separated therefrom under circumstance amounting to dishonorable discharge and has not subsequently been officially restored to honorable status. This Post shall require evidence of eligibility with application for membership. A person merely “discharged from the draft” shall not be considered as having served on active duty.

Section 2.  There shall be no form or class of membership except active membership.

Section 3.  Candidates for membership in this Post shall make application upon a form furnished by the post and pay therewith the dues for the current year.

Section 4.  All applications for membership shall be turned over to the Membership Chairman or Adjutant who shall, at each regular meeting of the Post, report all applications received during or after the previous regular meeting. A majority of those present and voting shall elect or reject a candidate. No member shall be elected to membership in this Post who is a member of any other Post in the American Legion.

Section 5.  No person who has been expelled by a Post shall be admitted to membership in this Post without consent of the expelling Post, except that where such consent has been asked for and denied by such Post, said person may then appeal to the Department Executive Committee for permission to be admitted to membership in this Post but shall be ineligible for membership until such permission is granted.

Section 6.  This Corporation does not contemplate and will not distribute gains, profit or dividends to the members thereof, and no part of its net earnings shall inure to the benefit of any private individual or member of this Post, and is organized under and subject to all provisions of Part I, Division 2 of Title 1 of the Corporation Code of the State of California insofar as it applies to charitable non-profit Corporations. If Lincoln Deming Post No 468 goes out of existence, all property and assets revert to the Department of California American Legion

Section 7.  This Post may, by not less than two-thirds (2/3) affirmative vote of those present and voting, by secret ballot, after written notice to the membership of such nomination, elect any of its members in good standing to HONORARY LIFE MEMBERSHIP for distinguished service rendered to Lincoln Deming Post No. 468, Department of California.  Mere service as an officer or committeeman of the Post, of itself, shall not constitute distinguished service as referred to herein.

ARTICLE V – OFFICERS:

Section 1. a.  The Officers of this post shall be: Commander, First Vice Commander, Second

Vice Commander, Adjutant, Finance Officer, Chaplain, Historian, Judge Advocate, Service Officer and Sergeant at Arms.

The Elective Officers of this Post shall be: Commander, First Vice Commander,

Second Vice Commander, Finance Officer, Chaplain, Historian, Service Officer and Sergeant at Arms. In addition, four Executive Committeemen shall be elected to serve on the Executive Committee.

The Commander shall APPOINT the Adjutant and Judge Advocate, and may, at his discretion, appoint such additional Officers as Assistant Sergeant at Arms, Third Vice Commander and Assistant Adjutant if deemed necessary.

Any Post Officer except the Commander, First Vice Commander and Second Vice Commander may serve in two offices if so elected or appointed, or a combination of elected and appointed.

Section 2.  Nominations for elective officers and executive committeemen shall be held at the regular Post meeting in April and the regular Post meeting in May of each year and announcement thereof shall be made by the Adjutant or by Post Bulletin to the membership.

Section 3.  The elective officers and executive committeemen shall be elected at the polling place on a Saturday prior to the Post June meeting. Said Saturday to be designated at May meeting announcement thereof shall be made by the Adjutant or by Post bulletin to the membership. All of these shall be elected to serve one full year. All elections shall be by written secret ballot and a majority of votes cast shall be necessary to elect the Commander and Vice Commanders. All others may be elected by a plurality of vote.

Section 4.  The polling place, unless otherwise designated, shall be the American Legion Hall of Lincoln Deming Post No. 468 and shall be open for the annual election between the hours of 12:00 noon and 6:00 pm on the day of election. The Election Board shall consist of three (3) qualified members appointed by the Commander, who will check the credentials of the voters and, after the polls close, count and tabulate the results and report same to the Commander.

Section 5.  Every member of this Post in good standing shall be eligible to hold office in this Post if so elected or appointed.

Section 6.  All vacancies in ELECTIVE offices shall be filled by a written secret ballot at a regular meeting, provided that notice of such election is given at the meeting preceding the election meeting or published in the Post Bulletin five (5) days or more before election.

Section 7.  Vacancies in appointive offices may be filled immediately by the Commander by appointment to fill the vacancy.

Section 8.  The office of Finance Officer or any offices or positions charged with the responsibility of handling Post funds shall be bonded.

Section 9.  In the event that any Post Officer or executive committeeman shall be absent for three (3) consecutive meetings of the Post or the Executive Committee, without being excused by the Commander or Executive Committee, may have the office declared vacant by a majority vote of those present at a regular Post meeting. If the office is elective, it may be filled by election as specified in Section 6, above. If the office is appointive, the Commander may immediately fill the vacancy by appointment.

ARTICLE VI – FINANCE:

Section 1.  No appropriation of funds, other than routine expenses, shall be made without the approval of the Post at a regular meeting. The Executive Committee shall be empowered to oversee finances and management of the Post Club Room and report same at regular Post meetings. The Executive Committee shall prescribe the form in which all finance records shall be kept and report same at regular Post meetings.

ARTICLE VII – THE AMERICAN LEGION AUXILIARY AND SONS OF THE LEGION:

Section 1.  This Post recognizes an auxiliary organization known as the Auxiliary Unit of Lincoln Deming Post No. 468, The American Legion, Department of California.

Section 2.  Membership in the Auxiliary Unit shall be as prescribed by the National Constitution of the American Legion.

Section 3.  This Post recognizes the organization known as Sons of the American Legion, Squadron No. 468.

ARTICLE VIII – PROCEDURE:

Section 1, Opening and closing of meetings, initiation of new members and installation of officers shall be conducted as approved by National Headquarters in Manuals of Ceremony and Officers Handbooks.

Section 2.  Roberts’ Rules of Order, revised, shall govern the conduct of all Post meetings, except as otherwise provided in the By-Laws and The American Legion Guide books on ceremonies and meetings.

ARTICLE IX – MANAGEMENT:

Section 1.  The administration, government and management of this Post is entrusted to the Executive Committee.

Section 2.  The Executive Committee shall consist of the Commander, First Vice Commander, Second Vice Commander, Finance Officer, Adjutant, Judge Advocate, Services Officer and 4 elected Executive Committee persons at large.

Section 3.  The Executive Committee shall consider all matters affecting the Post and make reports to the Post, which will have oversight of the Executive Committee.

Section 4.  The Commander, Vice Commanders and Adjutant shall be Chairman, Vice Chairman and Secretary of the Executive Committee, respectively.

ARTICLE X – MEETINGS:

Section 1.  A regular meeting of the Post shall be held on the 1st (first) Saturday of each month at the Post Legion Hall or at a place designated by the Post, and may be modified as of day of week and time by a two thirds vote of those present. When such meeting falls on a State or National Holiday, then no meetings will be held unless otherwise decided by the Post at a preceding meeting.

Section 2.  Special meetings may be called by the Commander or an Executive Committee member and must be called by phone tree. Post emergencies shall be resolved by Executive Committee tree communication and there shall be a meeting after the issue has been resolved for and after action report.

Section 3.  A quorum at all regular Post meetings shall be seven (7) members.

Section 4.  The Executive Committee shall meet at least once each month at a time and place designated by it. A majority of the Executive Committee shall constitute a quorum. It may hold such special meetings as it or the Commander may deem advisable, notice being given to each committee member at least seventy-two (72) hours before the time and place, stating the matter to be considered.

Section 5.  No member shall take part in any Post meeting unless in good standing.

Section 6.  No member shall be represented by or vote by proxy.  There shall be no absentee balloting.

Section 7.  All notices required to be written by these By-Laws shall be deemed sufficient when such notice has appeared in the official publication of this Post and provided to the membership.

ARTICLE XI – DUTIES OF OFFICERS:

Section 1.  Duties of the Post Commander: It shall be the duty of the Commander to preside at all meetings of the Post and to have general supervision over the business affairs of the Post. Such Officer shall be the Chief Executive of the Post and perform such other duties as directed by the Post.

Section 2.  Duties of First Vice Commander: The first Vice Commander shall assume and discharge the duties of the Office of Commander in the absence or disability of, or when called upon by the Post Commander.

Section 3.  Duties of Second Vice Commander:  The Second Vice Commander shall assume and discharge the duties of the First Vice Commander in the absence or disability of such officer and shall perform such others duties as directed by the Post.

Section 4.  Duties of the Adjutant: The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings and, under the direction of the Post Commander, handle all correspondence of the Post. He shall keep the membership records and issue all membership cards upon receipt of dues. He shall report the membership records and financial account and report therein at all regular meetings of the Post.

Section 5.  Duties of the Finance Officer: The Finance Officer shall be charged with the custody of the funds of the Post. He shall keep its accounts and report thereon at regular meetings of the Post. He shall oversee all funds of the Post and pay all bills approved by the Post. He shall be bonded under a blanket bond procured from the Department of California and paid for by the Post.

Section 6.  Duties of the Historian: The Historian shall be charged with keeping records of Post activities and incidents of the Post and perform such other duties as directed by the Post Commander or Executive Committee.

Section 7.  Duties of the Judge Advocate: The Judge Advocate shall be ready to advise Post Officers on the construction and interpretation of the Post By-Laws and perform such duties as are usually incident to the office.

Section 8.  Duties of the Chaplain: The Chaplain shall be charged with the spiritual welfare of the Post and will offer divine non-sectarian service in the event of dedications, funerals, public functions and the opening and closing ceremonies at Post meetings, and adhere to such ceremonial rituals as recommended by National or Department Headquarters from time to time.

Section 9.  Duties of the Service Officer: The Service Officer shall perform those duties of service to veterans as are usually incident to that office, and perform such other duties as directed by the Post Commander.

Section 10.  Duties of the Sergeant at Arms: The Sergeant at Arms shall preserve order at all meetings and shall perform such other duties as may be assigned by the Post Commander.

ARTICLE XII – DUES, FEES AND FUNDS:

Section 1.  The Post dues shall be payable in advance. The amount of dues shall be determined by the Executive Committee and passed by a majority vote of members present at the General Membership Meeting after written notice to the membership. The dates of delinquency, suspension and expulsion from this Post for non-payment of Dues shall be those dates set forth in Article IV, Section 4 of the By-Laws of the National Constitution of the American Legion.

Section 2.  From such dues the Post shall pay all per capita assessments from District, Department and National Headquarters and such other expenditures as the Post may approve. Payment of per capita is automatic and needs no further approval.

Section 3.  A member whose dues for the current year, shall not have been paid in advance before January 1st (first), shall be classed as delinquent and shall be suspended from all Post privileges. If such dues are then paid on or before March 1st (first), the member shall be automatically reinstated. If member’s dues are still unpaid after March 1st (first), said member shall be dropped from the Post membership roles. A member dropped from the rolls, may be reinstated by a vote of the membership upon payment of current dues.

ARTICLE XIII – DELEGATES AND ALTERNATES:

Section 1.  The Delegates and Alternates to represent this Post at the 22nd District Meetings and the Department Convention must be elected by the Post at least twenty days before the Department Convention. These Delegates and Alternates will be nominated and elected at a special meeting following election of Officers.

Section 2.  Delegates and Alternates shall serve for a term of one (1) year, immediately following their election and must be certified at once to the 22nd district and the Department of California. The number of Delegates and Alternates is governed by the Post membership at cut-off date before convention in accordance with Department By-Laws.

ARTICLE XIV – APPOINTMENTS:

Section 1.  The Post Commander, immediately after being installed in office shall appoint committee chairmen as necessary to carry out the programs of the Post and the additional members of these committees shall be determined by the Post Commander and Committee Chairman of Post approval.

Section 2.  Audit: The post shall keep books of account and shall cause said books to be examined by a licensed accountant or a committee of three competent members, none of whom shall be the Commander, Adjutant, Finance Officer or other person charged with the responsibility of handling Post funds. Such examination shall be made within ninety (90) days following installation of Post Officers and for the period of the immediate preceding fiscal year of the Post, said fiscal year shall be determined by the Post. The Post shall certify to the Department Adjutant prior to December 1st (first) 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 22nd District Commander. 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 current year as may be deemed advisable. Failure of the Post to meet any of the requirements of this section within said times or any general or special extension thereof, shall be deemed a delinquency and the delegates of the Post shall not be entitled to be accredited at the Department Convention. The certification to the Department Adjutant and the examination may be put on forms furnished by the Department Adjutants Office.

Section 3.  Membership Committee: The membership committee shall have charge of all matters pertaining to membership of the Post, including the procuring of new members, reinstatement and eligibility of members subject to approval of the Post. The Adjutant will issue cards to reinstatement so approved and to all new members accepted by the Post, as well as all members upon payment of current dues. The Adjutant will handle automatic reinstatements.

Section 4.  Finance Committee: The Executive Committee shall be the Finance Committee of this Post and shall be charged with the administration of financial policy.

ARTICLE XVI – TRIALS:

Section 1.  Members of this Post shall be subject to disciplinary action as provided in the Department of California Administrative Hearing Manual 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 forthwith be forwarded to the Department Adjutant.

ARTICLE XVII – RECALL PROVISION:

Section 1.  A petition signed by ten  percent (10%) 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 the Adjutant. The Adjutant shall, within five (5) days after filing said petition, compare the signatures on said petition with the signatures on the applications of the signers on file in the Post records. The Adjutant shall deliver the said petition and his report therewith 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 (10%) 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 (2) weeks or more than six (6) weeks after the meeting of the Executive Committee. If the report of the Adjutant shall show less than ten percent (10%) of the membership have signed the petition, it shall be forthwith returned to the member who filed same with the Adjutant who shall then have ten (10) days thereafter to obtain the required number of valid signatures and refile said petition with the Adjutant who shall recheck with his records and resubmit the same to the Executive Committee at its next meeting with his report. If the petition is then found being sufficient, the recall election shall be fixed as set forth above.

Section 2.  Notice of the date, time and place of holding the recall election shall be mailed to each member of the Post in good standing at his address as the same appears in the Post records, at least ten (10) days before the election.

Section 3.  All recall elections shall be conducted by written secret ballot.

Section 4.  At a recall election, the ballot shall read as follows:

SHALL__Name of Officer or Ex. Comm.)—–BE RECALLED?

YES_________     NO_________

A YES vote shall count for recall and a NO vote shall be counted as against recall. Only members in good standing shall be entitled to vote at such elections.

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 meeting as the election. The person recalled shall not be eligible as a candidate for election to fill the vacancy.

ARTICLE XVIII – AMENDMENTS:

Section 1.  Proposed amendments to these By-Laws must be submitted in writing at a regular meeting of the Post and read thereat. After written notice to the membership, at the next regular meeting or subsequently if postponed, the proposed amendment may be adopted by a two thirds (2/3) affirmation vote of those present and voting if a quorum is present.

Section 2.  These By-Laws shall be amended to conform to any changes in the National or Department Constitution and By-Laws. Failure of this Post to adopt the required amendments shall not delay or modify the effect of such changes.

Section 3.  Any Amendment initiated by this Post shall not be in force or effect until approved by the Constitution and By-Laws commission of the Department of California.