By-Laws
Article 1
Section 1. The Post existing under these By-Laws is to be known as Leo Ryan Post 58, The American Legion.
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Section 2. The objectives of this Post are set forth in the Constitution.
Article 2 (Management)
Section 1. The government and management of the Post is entrusted to an Executive Committee of Leo Ryan Post 58 members, to be known as the Executive Committee.
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Section 2. The Executive Committee shall consist of 3 members in addition to the officers of the Post Commander, First Vice Commander, an Adjutant, and Finance Officer. Together with the officers of this Post shall be elected annually at the regular May meeting. All elections of officers and executive committee members shall be held by ballot and the candidates receiving the highest number of votes shall be elected to the respective offices for which they are candidates.
Section 3. All vacancies existing in the Executive Committee, or any office of the Post from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the committee, and a person appointed shall hold office for the remaining unexpired term of the member of the committee or officers whom he 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 3 (Post Executive Committee
Section 1. The Post Executive Committee shall meet with organization and such other business as may come before it to the call of the Post Commander within ten (10) days after the installation of the new officers. Thereafter the Post Executive Committee shall meet at the call of the commander at least By Monthly 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 the said Post Executive Committee. 5 members of the committee shall constitute a quorum thereof.
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 chairpersons; and generally, shall have charge of and be responsible for the management of the affairs of this Post.
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Article 5(Elections)
Section 1. Candidate for nomination or election to, or incumbent of, any remunerative elective public office, will inform the Post Executive Committee of said standing prior to holding any elective office or any appointive office in this Post of the American Legion. The Post Executive Board will determine if any conflict of interest prohibits candidate from holding said Office prior to any election and shall be approved by the Post Executive Board to be nominated or elected for said position in the Post.
Section 2. Nomination of candidates for elective officers shall be submitted to the membership by a nominating committee duly appointed by the Commander, which committee shall be appointed prior to the monthly meeting in March of each year.
Section 3. Nomination for candidates for elective offices shall be submitted to the floor of the Post, first by the nominating committee, second by nominations made by members from the floor at the first monthly meeting in April of each year. All nominations shall be made only with the consent of the person being nominated.
Section 4. The nominations duly made shall be placed on a ballot and voted upon by secret ballot and elected by the Post by a majority vote. Said ballots shall be counted and new officers shall be announced and presented to the Post.
Section 5. In the event an Officers position is uncontested, the election of that position shall be made by motion of unanimous vote by the membership at the nomination meeting.
Section 6. There shall be no Absentee Ballots.
Section 7. All elective officers of this Post shall be installed before June 1st following their election. Those elected to fill vacancies caused by death, resignation or removal from office, prior to the completion of their terms, shall be installed as soon as possible.
Section 8. In the event of uncontrollable circumstances, elections may be held electronically as directed by the majority vote of the trustees.
Section 9. The election of officers for both the Legion and the S.A.L shall be at the May Meeting.
Article 6(Duties of Officers
Section 1. Refer to above Constitution ARTICLE VI (Officers) for specific duties. It shall be the duty of all officers, Commander, First Vice Commander, Second Vice Commander, Adjutant and Finance Officer, to attend all meetings of the Post, unless otherwise excused by the Commander. Any officers of the Post missing three (3) meetings shall constitute a resignation.
Article 7(Meetings)
Section 1. Notice of all special meetings shall be forwarded to all members of the Post at least one (1) day prior to the date of such meeting. The notice of such meetings and no other business than that specified in this notice shall be transacted at such meeting.
- 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.
- Upon written request of three members, the committee shall call a special meeting of the Post.
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Section 2. Records Retention: The Adjutant shall keep the following Post records indefinitely, but
not limited to:
- Meeting Minutes
- Finance Reports
Section 3. Records Retention: The First Vice shall keep the following Post records indefinitely but not limited to:
- Membership Records. These records must be kept physically secure at the Post.
Article 8(Dues and Finances)
Section 1. The annual membership dues shall be set up by the Executive Committee annually, which shall be payable before January 1st for the succeeding calendar year, and in accordance with Article 1, Section 6 of the By-Laws as such may apply to a delinquent member.
Section 2. All Post officials and employees handling American Legion monies shall be properly bonded, and or covered by the Post liability insurance policy. The bonds and or Post liability insurance policy provided by Post officials shall be approved by the Executive Committee of the Post and paid for by the Post.
Section 3. Bills or invoices shall be paid by checks signed by the Finance Officer.
Section 4. The Finance Officer shall deposit all funds (but the Canteen deposit which both the Canteen Manager and Finance Officer will do) of this Post in a local bank to be named by the Executive Committee.
Section 5. All proceeds payable to the Post from any source other than membership dues may be set aside in separate funds.
Section 6. No banking accounts shall be opened or closed without the approval of the Executive Committee.
Section 6a. Unless approved by the Executive Committee, all Post funds shall be deposited in an authorized Post banking account.
Article 9(Committees)
Section 1. The Commander may organize any committee that he/or she deems necessary. Upon taking office each year, shall appoint (as needed) the following standing committees: Americanism, Ceremonials, Children and Youth, Economic, Finance, Graves Registration and Memorial, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, and Sons of The American Legion. Such standing committees shall consist of such members, and the chairperson 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 the patriotic occasions; encouragement of patriotic and civic phases of instruction in schools; Americanism of aliens; combating anti-American propaganda by education of the 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 outlined in the Manual of Ceremonies. i.e. Burial detail and the wearing of Legion regalia.
Section 4. Children and Youth Committee: 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 5. Economic Committee: The post Economic Committee is primarily concerned with local employment programs. Veterans' preference, government employment and reemployment rights.
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Section 6. 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 7. Graves Registration and Memorial Committee. The duties of this committee involve recording of grave sites and complete information on veterans' burial in cemeteries assigned to the post. Special assistance can be given by the service office in providing flags, headstones, or proper internment in national cemeteries.
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Section 8. Legislative Committee. The Legislative Committee needs to have a knowledge of what is going on in congress; what we favor or oppose and should be ready to initiate action in support of our position when requested by the national or department organization.
Section 9. Membership Committee. The Membership Committee shall have charge of all matters pertaining to the membership of the post, including the procuring of new members, reinstatements, and eligibility of members.
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Section 10. Public Relations Committee. 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 11. Veterans Affairs and Rehabilitation Committee. The Veterans Affairs and Rehabilitation committee shall supervise all matters pertaining to service to comrades in the persecution of all just claims against the United States or state government, employment, relief, etc.
Section 12. Sons of the American Legion Committee. This committee shall have supervision over the operations of the post's squadron of the Sons of The American Legion.
Article 10(Delegates)
Section 1. Delegates and alternates to the District and Department conventions shall be elected at a regular monthly meeting of the Post held at least (30) days prior to the dates of such conventions.
Section 2. American Legion members of Post 58 that are elected to a District Officer Positions (Commander, First Vice Commander, Second Vice Commander, and Finance Officer} shall be delegates, with vote, to be exercised with their respective Post, provided they are present and registered to the District and State Convention in the year which they hold district office.
All Past District Commanders, while in good standing with Post 58, shall be Delegates to all District and State Conventions, with vote, to be exercised by their respective Post, only if they are present and registered at those conventions.
Article 11(Notices)
Section 1. Every member shall furnish the post adjutant with an address for mailing purposes. Additional information can be provided for email and phone numbers so that an alert roster can be built. Any correspondence used in text or email will be for official Post notifications & business and not be allowed or shared for any other purpose. This will be managed by the Membership Committee.
Section 2. The post adjutant shall cause notice of the annual election to be given at least two (2) weeks prior thereto.
Article 12(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.
Article 13(Amendments)
SECTION 1. By Laws for the further government of membership of the Post may be adopted, amended, or repealed by a majority vote of the membership present at any meeting if there is a quorum. Notice of repeal of the said By-Laws or amendment of said By Laws, shall have been announced at the previous meeting and a written copy thereof filed with the Adjutant, together with a declaration as to the date of the meeting at which the person proposing the action to be taken.
(End of Post By-Laws)
References
(1). Amended 58th National Conventions 1976
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(2). 2024 Officer's Guide and Manual of Ceremonies. Published by The American Legion National Headquarters Internal Affairs and Membership Division P.O. Box 1055 Indianapolis, IN 46206 legion.org 61st Edition, Revised November 2023.