AMERICAN LEGION POST 146
6 March 2014
ARTICLE I-NAME AND OBJECTS
Section 1. The Post existing under these by-laws shall be known as Menominee American Legion Post 146 Department of Michigan.
Section 2. The objects of this Post are set forth in the Constitution.
ARTICLE II POST OFFICERS
Section 1. The officers of this Post shall be a Commander, three Vice Commanders Adjutant, Finance Officer, Chaplain" Historian, Judge Advicate, and two Sgt at Arms.
Section 2. No officer shall receive any compensation for any service rendered to this Post in their official capacity with the exception of the Adjutant and the Finance Officer. whose compensation if any, shall be determined the Executive Committee.
ARTICLE- III ELECTIONS
Section 1. A nominating and elections committee consisting of three (3) members shall be appointed by the Post Commander at a meeting no less than 30 days nor more than 120 days prior to the annual Department Convention. This committee shall prepare a list of candidates for each office of the Post Insofar as possible, the committee shall nominate at least two (2) persons for each office. It shall, prior to the election, prepare ballots for the ensuing election and act as tellers at such election. If only one person has been nominated for an office, no ballot will be required.
Section 2. The nominating and elections committee shall submit the names of the candidates at the regular meeting not less than 30 days or more than 120 days prior to the annual department Convention, for Post action. The presiding officer at this meeting shall call for nominations from the floor. Upon closing of nominations, no member other than those nominated, shall be candidates for office at the election meeting.
Section 3. Election of officers and the members of the Executive committee shall be held at the next regular Post meeting. Candidates receiving the highest number of votes shall be elected to the respective office for which they are candidates.
Section 4. Officers and committee persons elected shall assume office on July 1st and serve until June 30th two (2) years hence, or until their successors are elected and dully installed or as otherwise provided.
Section 5. All vacancies existing in any office of the Post or the Executive committee for any cause other than expiration of the term shall be filled by the majority vote of the remaining members of the Executive committee. A person so appointed shall hold office for the unexpired term of the member of the committee or officer who is succeeded.
Section 6. No one member can run for more than one (1) elected office at a time.
Section 7. Members may vote absentee ballot for only 20 days prior to election. Ballots will need to be numbered with records and kept as to who got each ballot.
ARTICLE IV MANAGEMENT
Section 1. The government and management of the Post is entrusted to an Executive committee of 12 members to be known as the "Executive Committee."
Section 2. The Executive Committee shall consist of the Commander, three (3) vice Commanders the immediate past Commander, Adjutant, Finance Officer, and five (5) members at large. The members at large shall be elected together with the other officers of the Post every two (2) years.
Section 2a. A committee shall not have more than 50% of post Executive members on it at any one time.
Section 3. The Post Commander shall act as chairperson of the Post Executive Committee. The Adjutant shall keep the minutes of all meetings of the Executive Committee and they shall be preserved in the same manner as the Post minutes.
Section 4. 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 ten (10) days after installation of new officers. There after the Post Committee shall meet at the call of the Commander at least monthly, and as often as said Commander may deem necessary. The Commander shall call a meeting of the Post Executive Committee upon the written request of three (3) or more members of said Post Executive Committee. Eight (8) members of the Committee shall constitute a quorum there of.
Section 5. The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures out of budget; required adequate bonds from all persons having custody of Post bonds; hear reports of Post Committee chairpersons; and have charge of and be responsible for the management of the Post.
ARTICLE V-DUTIES OF OFFICERS
Section 1. Duties of the Post Commander. Its shall be the duty of the Post Commander to preside at all meeting of the Post and to have general supervision over the business affairs of the Post, and such officer shall be the chief executive officer of the Post. The Commander shall approve all orders directing the disbursements of funds and shall make an annual report covering the business of the Post for the year and make recommendations for the ensuring year. Said report shall be read at the annual meeting and a copy forwarded to the Post Adjutant. The Commander shall perform other duties as directed by the Post Executive Committee.
Section 2. Duties of the Vice-Commanders. The Vice-Commanders shall assume and discharge the duties of the office of Commander when called upon by the Commander or Executive Committee. They shall be assigned other duties as requested by the Commander.
Section 3. Duties of the Adjutant. The Adjutant shall have charge of and keep a full and correct record of all Post and Executive Committee proceedings, keep such records as the Department and National organizations may require and handle all correspondence and files of the Post.
Section 4. Duties of the Finance Officer. The Finance Officer of the Post shall have charge of all finances and see that they are safely deposited in a local bank or banks as designated by the Executive Committee. The finance Officer shall report the condition of the finances of the Post once a month to the Executive Committee and to the Post with such recommendations as may be
deemed necessary. The Finance Officer shall sign all checks disbursing moneys of the Post and shall furnish such surety bonds in such sums as shall be fixed by the Post Executive Committee.
Section 5. Duties of the Chaplain. The Post Chaplain shall be charges with the spiritual welfare of the Post members and will offer divine but non-sectarian services in the event of dedications, funerals, public functions, etc. And adhere to such ceremonial rituals as are recommended by
National or Department Headquarters.
Section 6. Duties of the 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 properly pertain to the office as may be determined by the Post or Post Executive Committee.
Section 7. Duties of the Judge Advocate. The Post Judge Advocate shall have charge of the legal affairs of the Post and shall be Post parliamentarian. All claims against the Post shall be referred to the Judge Advocate
Section 8. Duties of the Sergeants-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 them by the Post Commander or the Executive Committee.
ARTICLE VI-STANDING COMMITTEES
Section 1. The standing committees of this Post shall be the following: Americanism, Activities, Athletics, Child Welfare, Club, Finance, House, Membership, Service & Welfare, Sick and Funeral, Kitchen and Rental.
Section 1a. All committees should consist of at least 3 Legion Members, One (1) Auxiliary Member and One (1) Sons of the American Legion Member
Section 2. Americanism Committee. The Committee shall be charged with inspiring patriotism and good citizenship by providing for the proper observance of patriotic occasions and by planning for other events emphasizing Americanism. It shall cooperate with the Department of Michigan and the National organization in their Americanism programs.
Section 3. Activities Committee. This Committee, shall be charged with promoting Post social events, including arranging for and conducting parties and similar events.
Section 4. Athletic Committee. This Committee shall be charged with the management of youth baseball and any other youth athletics the Post may sponsor.
Section 5. Child Welfare Committee. This Committee shall be charged with the child welfare programs of the Post.
Section 6. Finance Committee. This Committee shall be charged with the responsibility of preparing the Post's annual budget for the Executive Committee and Posts approval and see that it is adheres to. They shall ensure that an audit of the Post's financial records is made annually.
Section 7. House Committee. This committee, shall be charged with the maintenance of this Post. They shall see that all necessary repairs are promptly and efficiently. They shall also recommend major building renovations to the Finance Committee for inclusion in the annual budget.
Section 8. Membership Committee. This Committee, shall have charge of all matters pertaining to the membership of the Post, including the procuring of new members’ reinstatements and eligibility of new members.
Section 9. Service and Welfare Committee. This Committee shall supervise all matters pertaining to service to members in the prosecution of all just claims against the United States government. They shall inform the members of their rights as veterans and assist comrades in need. The chairperson of this committee shall be the Post Service Officer.
Section 10. Sick & Funeral. This committee, chaired by the Chaplain, is charged with visiting and comforting members and their families during illness or bereavement. They shall be in charge of memorial service at funerals.
Section 11. The kitchen committees shall oversee the food, and obtain all contracts and leases pertaining to the kitchen
Section 12. The Commander upon taking office shall appoint chairpersons for all standing committees; The Commander may assign the Vice-Commanders responsibility for the function of various committees. The Commander may replace chairpersons whenever it is deemed necessary.
Section 13. Each Committee Chairperson shall upon appointment, select their own committee members
13a. Auxiliary and SAL – The respective President and Commander shall appoint one person each to American Legion committees.
Section 14. The Commander or the Executive Committee may assign other duties.
Section 15. From time to time the Commander may appoint such special committees as may be deemed necessary.
Section 16. They Commander shall be an ex-officio member of all committees.
Section 17. All committees must submit in writing a committee report each month to the Executive Board and present a verbal report at the regular meeting.
Section 1. The Club bar shall be under authority of a Committee consisting of Six (6) members. Two (2) members shall be appointed each year for a three (3) year term. The appointments shall be made by the incoming Commander with the approval of the Executive Committee.
Section 2. The Bar committee shall designate one of its members as the
be an ex-officio member of the Executive Committee. The chairperson shall attend all meetings of the Executive Committee.
Section 3. The Bar Committee shall designate one of its members as vice chairperson who shall act as chairperson in the event of the chairpersons’ absence.
Section 4. The Bar committee shall designate a secretary who shall keep a permanent record of the committee's meetings.
Section 5. All members of the Post, Auxiliary, and S.A.L and their guests shall be eligible for all privileges of the Menominee American Legion bar providing they abide by the rules set forth by the Bar Committee.
Section 6. The Bar Committee shall conduct the club operations according to their by-laws that shall be approved by the Executive Committee.
Section 7. The Bar’s checking account is not to exceed $7500.00. Overages are to be transferred to the Bar’s savings each month. Each Quarter, the Bar committee will write a check to the Legion’s general account for any amount over 7500.00 in the Bar’s savings account.
Section 1. The Finance Officer shall render a written report showing the financial condition of the Post at each regular meeting of the Post.
Section 2. The Chairpersons of standing and special committees shall give a report of their committees activities as required.
Section 3. The Club Committee shall render a report of the bar's finical condition at each regular meeting.
Section 4. The Commander or Executive Committee may request reports more frequently from time to time.
Section 1. The regular meeting of the Post shall be held at the Post home on the second Monday of each month or as designated by the Executive Committee.
Section 2. The Commander or majority of the Executive Committee shall have the power to call a special meeting of the Post at any time.
Section 3. Upon the written request of eleven (11) members of the Post, the Commander shall hold a special meeting of the Post. Eleven (11) members shall constitute a quorum.
Section 4. The Post will conduct, open and close its meetings as per the "National Manual of Ceremonies" and the "Post Commander's Guide."
Section 5. Any officer or committee member who has missed 3 consecutive meetings may be dismissed by the commander.
ARTICLE X-RULES OF ORDER
Section 1. All proceedings of this Post shall be conducted and pursuant to Robert’s Rule of Order. Unless herein otherwise provided.
Section 1. The standing funds of this Post shall be the general fund, club fund and charity game fund.
Section 2. Money's in the club fund, and expenditures there from, shall pertain exclusively to the bar operations. Moneys in the general fund and expenditures there from shall pertain to all other purposes. Moneys from the Charity Game fund and expenditures shall pertain to all other purposes as approved by the Executive Committee, No check shall be written to individuals unless a receipt is accompanied and kept on record.
Section 3. Disbursements from the club fund shall be made by check signed by the club manager or the club chairperson.
Section 4. Disbursements from the general fun shall be made by check signed by the Finance Officer, Commander or Post Adjutant.
Section 5. Disbursements from the charity games account shall be made by check signed by the ticket chairperson or Post Commander
Section 6. The Commander shall be charged with the appointment of an audit committee, consisting of five (5) members in good standing, for the purpose of auditing the Posts financial accounts. This shall be done at the end of the Posts fiscal year or more frequently as it is deemed necessary. The executive committee shall approve the appointments and have the right by a
simple majority vote, to request an audit at any time. If the Executive Committee deems necessary they may, by a two-thirds majority vote of those present, engage in an outside auditor.
Section 7. Disbursements for conferences and conventions must include itemized list of expenditures including but not limited to registration, lodging, and actual fuel costs (not mileage)
ARTICLE XII-LIMITATIONS & LIABILITIES
Section 1. Expenditures not to exceed $150.00 may be made by Officers or
Committee when the same is urgent and it is necessary to be made prior to the next meeting of the Executive Committee, provided such expenditures be approved by the Commander. In all other cases Officers and committee chairpersons will apply to the Executive Committee for the authority to
Section 2. They first meeting in May of each year shall be designated a "budget meeting" at which the Executive Committee will be presented a proposed budget for the fiscal year (July 1st to the succeeding June 30th) for their approval. Such budget approved by the Executive Committee and the Post shall be Considered money appropriations approved for expenditure and no further approval of the Post shall be required.
Section 3. The power to borrow money in the name of and on behalf of the Post, and/or issue in the name of and upon behalf of this Post a note, bond, mortgage, or any other evidence of indebtedness, is reserved exclusively to the Post and shall not be exercised by any Officer, Committee, Committee chairperson, or members of the Post unless first authorized by the Post at
a duly held regular or special meeting.
Section 4. All expenditures shall be kept within the limits of each specific budget unless the Post makes further appropriations for such item for which appropriations have been exhausted.
ARTICLE XIII-DUES AND ASSESSMENTS
Section 1. The annual membership dues shall be determined by the Executive Committee upon recommendations of the finance Committee and approved by the Post. Department and National dues shall be payable upon receipt.
Section 1. The Post Commander at an Executive meeting prior to such convention or conference shall appoint delegates and alternates to any convention of conference.
Section 2. Delegates must give a fun report at the next available meeting to receive funds.
ARTICLE XV-ASSICIATION OF U.P. POSTS
Section 1. This Post shall be a member of the Upper Peninsula Association of Legion Posts and annual dues in that organization shall be paid each year.
Section 1. The American Legion funeral service shall be made available to all Legionnaires and shall be conducted in accordance with American Legion Ritual.
Section 1. See article IX section 2 of the Constitution.