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PINE ISLAND POST 136

AMERICAN LEGION

DEPARTMENT OF FLORIDA

CONSTITUTION

AND

BY-LAWS

CONSTITUTION OF PISLAND POST 136

THE AMERICAN LEGION, DEPARTMENT OF FLORIDA

 

PREAMBLE

 

For God and Country, we associate ourselves 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 safeguard and transmit to posterity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.

 

ARTICLE I—NAME

Section 1.  The name of this organization shall be Pine Island Post 136, The American Legion, Department of Florida.

 

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 forgoing preamble and the 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.

Section 2.  This organization 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 preferential treatment.

Section 3.  Rank does not exist in The American Legion; no member shall be addressed by his military or naval title in any meeting of this post.

 

ARTICLE IV—MEMBERSHIP

Section 1.  Eligibility to membership in this post shall be as prescribed by the National Constitution of The American Legion.

Section 2.  Applications for membership shall be made in writing under such regulations as may from time to time be prescribed by the post Executive Committee.  All applications for membership shall be submitted along with a copy of the applicant’s honorable discharge or DD Form 214.

Section 3.  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.  A two-thirds majority of the voting members present is required for approval of the application.  A rejection of any application by the voting members shall be so recorded.  A rejected application shall not again be considered until six months after the rejection.

Section 4.  Annual membership dues become due and payable upon receipt of membership cards from the Department of Florida and/or the presentation of annual dues notices by the Post Adjutant.  Any members may be dropped from membership roles for delinquency in payment of annual dues after 31 December of the membership year.

Section 5.  Any member of this post may be expelled for cause by a two-thirds vote of the Executive Committee after charges are preferred, under oath and in writing by the accusers.  If the Executive Committee deems the charges enough of a serious nature to warrant a trial, both the accused and the accuser shall be required to be present at the trial.  No member in good standing may be expelled without a fair trial based upon those charges.

 

Section 6.  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 a post meeting and the payment of current dues for the year in which the reinstatement occurs.

Section 7.  No person who has been expelled by a post shall be admitted to membership in this post without the consent of the expelled post, except that where such consent has been asked for and denied by such post, he/she 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 1.  The administrative affairs of this post of the American Legion shall, except as may be otherwise provided by the By-Laws, be under the supervision of an Executive Committee which shall consist of four members in addition to the officers of the post and the immediate Past Commander of the post.  The term of office of members of the Executive Committee shall be for one year.  This post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.

Section 2.  The officers shall be a commander, a first, second and third vice commander, an adjutant, a finance officer, a judge advocate, a post historian, a post chaplain, a post service officer and a sergeant-at-arms.  All except the adjutant, the judge advocate and the post service officer shall be nominated from the floor at the meeting preceding the annual election.  The adjutant, the judge advocate and the post service officer shall be appointed by the post commander, subject to approval by the Executive Committee.

Section 3.  The elective officers and executive committeemen shall be elected annually and they shall hold office until the successors are duly installed or as otherwise provided.  Any officer or executive committeemen may be removed for inefficiency by the executive committee, a two thirds vote of said committee being necessary to effect such a removal.

Section 4.  Every member of this post in good standing shall be eligible to hold office in this post except as otherwise provided in Article III, Section 2 hereof.

Section 5.  The duties of officers and the executive committeemen shall be those usually appertaining to such officers or committeemen and as further provided in the By-Laws.

 

ARTICLE VI—FINANCE

Section 1.  The revenue of this post shall be derived from membership or initiation fees, from annual membership dues and from such sources as may be approved by the post Executive Committee.

Section 2.  The amount of such membership or initiation fees and the amount of such annual post dues shall be fixed and determined by this post.

Section 3.  The post shall pay to departmental headquarters the National and departmental annual membership dues for every member of the post.

Section 4.  Any expenditure over one hundred dollars ($100) shall be subject to approval of the Executive Committee except for emergency repairs which must be reported to the Executive Board within 48 hours of the repair.

 

ARTICLE VII—CHARTER MEMBERS

Section 1.  Members who joined this post prior to September 15, 1980 shall be known as charter members.

 

ARTICLE VII—AUXILIARY, SAL AND RIDERS

Section 1.  This post recognizes an auxiliary organization to be known as the Auxiliary Unit of American Legion Post 136, The American Legion.  Membership shall be prescribed by the National Constitution of the American Legion Auxiliary.  The post also recognizes the Junior Unit.

Section 2.  This post recognizes an auxiliary organization to be known as Sons of the American Legion, Squadron 136, Department of Florida.

Section 3.  The Post recognizes a Riders Organization know as the American Legion Riders Association, Post 136, Department of Florida.  All members of the Riders Association must first belong to a Post, Auxiliary or Sons of the Legion.

 

ARTICLE IX—AMENDMENTS

Section 1.  This Constitution is adopted subjected to the provisions of the National Constitution of the American Legion and of the Department Constitution of the Department of Florida, The American Legion.  Any amendment to said Nations Constitution or Department Constitution which is in conflict with any provision thereof shall be regarded automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.

Section 2.  This Constitution may be amended at any regular post meeting by vote of two-thirds of the members of said post attending such regular meeting, providing that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said post, and providing, further that written notice shall have been given 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 upon.

 

BY-LAWS OF PINE ISLAND POST 136

THE AMERICAN LEGION, DEPARTMENT OF FLORIDA

 

ARTICLE I—NAME AND OBJECTIVES

Section 1.  The post existing under these By-Laws is to be known as Pine Island Post 136, The American Legion, Department of Florida.

Section 2.  The objects of this post are set forth in the Constitution.

 

ARTICLE II—MANAGEMENT

Section 1.  The government and management of this post, a private organization, known as the American Legion Post 136, Department of Florida shall be entrusted to the Executive Committee.  All elections of post officers and executive committeemen shall be by ballot of the membership.  The candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates.  The immediate past commander shall be an executive committee member without elections.

Section 2.  All vacancies existing in the Executive Committee or in any office of the post from any cause other than expiration of term shall be filled by a majority vote of the remaining members of the committee and a person so appointed shall hold office for the unexpired term of the member of the committee or officer whom he/she succeeds.  A vacancy shall exist when a member or officer is absent from his/her post for a continuous period considered detrimental to the interest of the post by the Executive Committee.

 

ARTICLE III—EXECUTIVE COMMITTEE

Section 1.  Each member of the Executive Committee shall have one vote and a majority vote carries the motion being considered.  A tie vote will cause the motion to be presented to the membership of the post at the next regular meeting for resolution of the issue.  Eight members of the Executive Committee shall constitute a quorum.  The Judge Advocate is not a voting member of the Executive Committee.

Section 2.  The post Executive Committee shall meet for organization and such other business as may come before it at the call of the commander within ten (10) days after the installation of the new officers.  Thereafter the post Executive 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.

Section 3.  The post Executive Committee shall hire such employees as may 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 chairmen; and generally shall have charge of and be responsible for the management of the affairs of the post.  Delegation of these functions to the Executive Committee is in no way intended to usurp the powers of the membership through regular post meetings.

 

ARTICLE IV—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 to have general supervision over the business and affairs of the post and such officer shall be the chief executive officer of the post.  He/she shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the post for the year and recommendations for the ensuing year which shall be read at the annual meeting and a copy thereof immediately forwarded to the department adjutant.  He/she shall 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.  It shall be his/ her further duty to chair the Membership Committee.

Section 3. Duties of second vice commander.  The second vice commander shall chair the House and Entertainment Committee.

Section 4. Duties of third vice commander.  The third vice commander shall act as liaison with the Auxiliary and shall chair the Americanism Committee and chair the Maintenance Committee of the Post.

Section 5. Duties of adjutant.  The post adjutant shall have charge of and keep a full correct record of all proceedings of all meetings; keep such records as the department and national organization may require; render reports of membership annually or when called upon at a meeting; and under direction of the commander shall handle all correspondence of the post.

Section 6. Duties of finance officer.  The finance officer of the post shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall report once a month to the Executive Committee the condition of the finances of the post with such recommendations as he/she may deem expedient or necessary for raising funds with which to carry on the activities of the post.  He/she shall sign all checks disbursing the moneys of the post.  He/she shall furnish such surety bonds in such sums as shall be fixed by the post Executive Committee.

Section 7. Duties of post historian.  The post historian shall be charged with the individual records and incidents of the post and post members and shall perform such other duties as may be determined by the post or the Executive Committee.

Section 8. Duties of the chaplain.  The post chaplain shall be charged with the spiritual welfare of the post members and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc., adhere to such ceremonial rituals as are recommended by the national or department headquarters from time to time.  He/she will also endeavor to visit and comfort members and their families when sick or bereaved and visit ex-servicemen in nearby hospitals.

Section 9. Duties of sergeant-at-arms.  The sergeant-at-arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to him/her by the post Executive Committee.

Section 10. Duties of judge advocate.  The judge advocate shall act as parliamentarian for the post meetings, membership and Executive Committee and when called upon by the commander shall render decisions based upon the post’s Constitution and By-Laws and Robert’s Rules of Order.

 

ARTICLE V—DELEGATES

Section 1.  Delegates and alternates to a department convention shall be elected by ballot by the post at a regular meeting of the post to be held at least twenty (20) days prior to the date of such convention.

 

ARTICLE VI—APPOINTMENTS

Section 1.  The post commander, immediately upon taking office each year, shall appoint the following standing committees: Americanism, Ceremonials, Finance, Membership, Children and Youth, House and Entertainment, Public Relations, Veterans Affairs and Rehabilitation and any other committees the commander deems necessary.  Such standing committees shall consist of such members and the chairman of thereof, as shall be designated by the post commander.

Section 2.  Americanism Committee.  The Americanism Committee shall be charged with the 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 3. Ceremonials Committee:  The principal duty of the Ceremonials Committee is to ensure that all new members are properly initiated.  The committee must also concern itself with proper presentation of other rituals contained in the Manual of Ceremonies-burial detail and the wearing of Legion regalia as well as Drill Teams and Color Guards.

Section 4. Finance Committee:  The Finance Committee 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. Children and Youth:  Shall be charged with aid and service to children of veterans, cooperating with other established agencies in the community; laboring for the 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 war veteran shall be in need of the necessities of life” and “a square deal for every child.”

Section 6. House and Entertainment:  The House and Entertainment Committee shall have charge of all matters pertaining to the care of the post property and post quarters, promotion of club advantages and arrangement for social activities.

Section 7. Public Relations:  The Public Relations Committee shall be charged with the promotion of public support of the Legion’s program by the establishment of proper contact with The American Legion Magazine, department and national Legion news service and by local publicity of post programs and activities.

Section 8. Veterans Affairs and Rehabilitation:  The Veterans Affairs and Rehabilitation 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.

 

ARTICLE VII—RESOLUTIONS

Section 1. All resolutions of state or national scope presented to this post by a member or reported to this post by committee shall merely embody the opinion of this post on the subject and copy of same shall be forwarded to the department headquarters for its approval before any publicity is given or action other than mere passage by the post is taken.

 

ARTICLE VIII—MEETINGS

Section 1. The regular meetings of the post shall be held at the club rooms at least once during each calendar month at which may be transacted such business as may properly be bought up for action; some meetings may be converted into entertainment meetings as may be deemed advisable by the officers of the post.  Eleven (11) members will constitute a quorum for any regular or special meeting.

Section 2. The post commander or a majority of the Executive Committee shall have the power to call a special meeting of the post at any time.

Section 3. Upon written request of ten (10) members, the committee shall call a special meeting of the post. 

Section 4. A two-thirds vote of members present at a special meeting is needed to carry the vote.

 

ARTICLE IX—NOTICES

Section 1. Every member shall furnish the post adjutant with his or her address for mailing purposes.

Section 2. The post adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.

 

ARTICLE X—NOMINATIONS & ELECTIONS

Part I. The nomination and election procedures will be in accordance with the Officers Guide and Manual of Ceremonies, Section 4, Parliamentary Procedures, Article IV.

 

Part II. Nominations:

Section 1. All members except the Commander, Pine Island Post 136, in good standing are eligible to sit on the Nominating Committee.

Section 2. The Nominating Committee shall consist of the three (3) immediate past commanders and two (2) members at large elected from the floor by the membership at the regular February meeting each year.

Section 3. All nominations for candidacy of office will be obtained by presentation of names to the Nominating Committee and by nominations from the floor during regular American Legion meetings.  The list of candidates will be read at each meeting in March and April’ and before the election is held in May of each year.  After the list is read, nominations from the floor will be accepted for each office to be filled by election.  Each office will be announced separately.

 

Part III. Elections:

Section 1. All candidates nominated for office will be present at the regular May meeting of each year and will be elected by written ballot.

Section 2. In the event there is only one (1) candidate or those candidates as a group, may be elected by voice vote.  If there is any objection to election procedures during these proceedings, the election will be held by written ballot.

Section 3. A Balloting Committee will be appointed by the nomination of membership to consist of three (3) members (not candidates for office) to count the ballots.  Upon completion of the count, all ballots will be presented to the adjutant for safe keeping in a sealed envelope.  The ballots will be retained until newly elected officers are installed.  After installation of new officers, all sealed ballots will be destroyed.

 

ARTICLE XI—RULES OF ORDER

Section 1. All proceedings of this post shall be conducted under and pursuant to Robert’s Rules of Order, except as herein otherwise provided.

 

ARTICLE XII—LIMITATIONS OF LIABILITIES

Section 1. This post shall incur, or cause to be incurred, no liability or obligations whatever which shall subject to liability any other post, subdivision, group of men, members of the American Legion, or other individuals, corporations or organizations.

 

ARTICLE XIII—AMENDMENTS

Section 1. These By-Laws may be amended at any regular post meeting by a vote of two-thirds of the members present at a regular post meeting: providing that the proposed amendment shall have been submitted in writing and read at the next preceding meeting of said post; and provided, further, that written notice shall have been given 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.

 


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