Post Constitution
Preamble
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 percent Americanism; to preserve the memories and incidents of our associations in all 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 goodwill 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.
Section 1. Name: The name of this corporation shall be American Legion Leo Ryan Post 58 Somerset, Ohio
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Section 2. Location: The principle office of the corporation shall be The American Legion Leo Ryan Post 58, 107 W. Gay Street, Ohio 43783-1072. State of Ohio
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Section 3. Objectives: The objectives of said corporation are:
* To conduct a local Post known as Leo Ryan Post 58, American Legion, State of Ohio.
* To hold title to real estate and personal property which are to be used for the pleasure, convenience, and benefit of the said Post and for carrying out its patriotic, civil purposes.
* Promote the principles and policies as set forth in the forgoing preamble, and the National and Departmental Constitution of the American Legion.
Article 2(Nature)
Section 1. The American Legion is a civilian organization: membership therein does not affect nor increase liability for military or police service. rank does not exist in the Legion: no member shall be addressed by his military or naval title in any convention or meetion of the Legion.
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Section 2. The American Legion shall be no political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment. (1)
Article 3(Membership)
Section 1. Members: The membership of this Post shall be regulated by the rules laid down by The American Legion and the By-Laws herein and as may be from time to time amended by the said Post through paid dues required of members of this Post and have provided the proper documentation proving eligibility. 1st Vice Commander's or Membership Team, etc. will complete validation and membership at their discretion.
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a. Dues: The annual dues for this Post shall be $35 per member in Yr2025 and $40 permember in Yr2026. The Post shall pay for all new and serving members of active duty for the duration of their active service as members of the Post. Also, members with over 50 years of membership will be paid by the Post.
Article 4(Meetings
Section 1. Annual Meetings: The May Meeting will serve as our annual meeting to elect Officers and Trustees.
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Section 2. Monthly Meetings: The Post shall conduct regular meetings on the second and fourth Tuesday of each month at 1930hrs at which time may be transacted such business may be properly brought up for action; such meetings may be converted into entertainment meetings from time to time, as may be deemed advisable by the officers of the Post. Executive Committee Meetings are being held on the fourth Tuesday of every even month at 1900hrs. See By-Laws Article 3(Post Executive Committee) for Executive Committee duties and responsibilities.
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Section 3. Special Meetings: Pursuant to such notices as may be sent out by the Adjutant of this Post, special Meetings may be held at any time. Said notices can be by mail, Media, telephone or otherwise, but no business materially affecting the assets of the corporation or for the change of the Post Constitution or By-Laws of the corporation shall be taken up or considered at any special meeting unless notice is given as described in Article 10, Section 2 for the Code of Regulations and as described in Article 9 for the By-Laws.
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Section 4. Quorum: Eight members, made up of five officers and three members, shall constitute a quorum forr the transaction of business at any Monthly or Special meetings of the Post.
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Section 5. In the event of uncontrollable circumstances,a virtual meeting may take the place of a live, in person meeting.
Articles 5 (Trustees)
Section 1. Election of Trustees: The election of Post Trustees shall be for a term of one 3 year, one 2 year and one 1-year positions. The duties of the Post trustees are to care for and maintain the building.
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Section 2. Power of Trustees: The Board of Trustees shall have control of the property; subject only to the actions of the members in the meeting assembled. It may purpose By-Laws not inconsistent with these regulation, initiate and enforce rules governing the use of the property of the Post by its members, their children, and guests; the Commander may fill vacancies on the board.
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Section 3. Trustees Meeting: The Board of Trustees shall hold a regular meeting on the First Tuesday of the month. Special meetings of the Board of Trustees may be called by the Commander.
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Section 4. Quorum: Two shall constitute a quorum, for the conduct of business.
Article 6 ( Officers)
Section 1. The officers of this corporation shall be a Commander, Vice Commander, a Second Vice Commander, an Adjutant, and a Finance Officer. Additional elected officers are Chaplin, Service Officer, Sgt at Arms and Post Historian. The Post shall elect said officers by a majority ballot cast by regular members of this Post. They shall hold officers for one (1) year or until their successors are elected and qualified. The personal liability of each member of the Executive Committee and each uncompensated officer of the Post or its members, for monetary or other damages, for conduct as an executive committee person, or officer, or member shall be eliminated to the full extent permitted by law. (2)
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Section 2. Commander: The Commander shall be the Commander of the Post and shall preside at all meetings of the Trustees. He/or she shall sign the records and minutes. He/or she shall manage and conduct the business generally of the Post under the direction of the Executive Committee. The Commander may appoint any open, elected position, with the majority approval of the Membership.
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Section 3. First Vice Commander: First Vice Commander of the Post. He/or she shall perform all the duties of the Commander in the case of the absence or disability of the Commander, as determined by the Membership. He/or she shall be the Membership Chairman of the Post and maintain the membership records. He/she shall read reports of membership monthly when called upon at any meeting.
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Section 4. Second Vice Commander: The Second Vice Commander shall be responsible for assisting the Commander in all his/her duties. The Second Vice Commander interests shall be in the patriotic observances of all kinds, in developing Post activities and entertainment events.
Section 5. Adjutant: The Adjutant shall have the responsibility of and keep a fully correct records of all proceedings of all meetings, keep records as the Department and National organization may require, and under the direction of the Commander, handle all correspondence of the Post
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Section 6. Finance Officer: The Finance Officer shall see that all funds in their possession shall be safely deposited in a local bank and shall report to the membership at the least once per month at the monthly meeting, the conditions of the finances of the Post. He/she shall be one of the Signer for any checks disbursing the monies of the general and membership funds. Finance Officer shall be on all Post accounts. The Finance Officer shall be fully bonded or covered through the Post liability insurance policy. The Finance Officer acts as a liaison to the Canteen. The Finance Officer shall also be on any accounts for the Sons of the American Legion.
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Section 7. Chaplain: The Chaplain shall be charged with the spiritual welfare of the Post and shall perform such other duties as are prescribed in the Official Ritual of Legion; shall attend, and when requested, officiate at the funeral of deceased comrades, dedications and public functions.
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Section 8. Post Historian: The Post Historian shall be the publicity officer of the Post and shall regularly furnish proper publicity material to the local newspaper and to the National and Department publications. He shall be charged with keeping individual reports and incidents of the Post and Post members and shall perform such other duties as might be incumbent upon that office.
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Section 9. Service Officer: The Serving Officer, who may hold any other elective or appointive office, shall advise and assist deserving members and veterans, or their dependents, in the preparation and prosecution of their equitable claims for benefits from any government agency; shall assist deserving members and veterans to secure suitable and gainful employment; shall dispense relief to worthy indigent members and veterans or their dependents, from a fund so provided by the Executive Committee; shall officially contact and cooperate with all the various governmental agencies having to do with veteran affairs; shall submit a report monthly to the Executive Committee and annually to the Post as to activities of his office; shall perform such other duties as may be delegated by the Commander of the Post.
Section 10. Sergeant-at-Arms: The Sergeant-at-Arms shall be responsible for those present in the meetings as to their eligibility for participation therein and shall report to the Commander as to any visitors present. He shall obey and enforce all orders of the Commander in preserving order at the meetings and shall let no one enter or depart during the opening or closing ceremonies. He shall oversee the stand of colors which shall be displayed at Post meetings and ceremonial occasions. He shall be responsible for ensuring that all colors on display at the Post are in serviceable condition. He shall perform such other duties as may be delegated by the Post Commander or prescribed by the Legion Manual.
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Section 11. Non-elected Offices or Officers: The Post Commander may appoint members for the following positions: Assistant Finance Officer: The assistant finance officer will assist the finance officer in all duties.
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Section 12. Color Guard: The Color Guard shall perform such a duties as are prescribed in the Official Ritual of the American Legion and as may be delegated by the Commander.
a. Such other positions and titles as may be deemed necessary, may be created for the betterment of the Post.
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Section 13. At the end of their term in office, all elective and non-elective officers shall turn to their successors and/or the corporation, all Post correspondence and property that have been entrusted to their care.
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Section 14. Post Executive Committee (PEC): Between meetings, the administrative affairs shall be vested in the Executive Committee which shall consist of the Commander, First Vice Commander, 2nd Vice Commander, Finance Officer, Past Commander and three Trustees. Scheduled meetings are the second Tuesday of each even month at 1900hrs. The Post Commander shall serve as chairman. In the absence of the Commander, the 1st Vice shall serve in that capacity. The Adjutant shall serve as Secretary of the PEC Other Officers only, may attend at the discretion of the Post Commander.
Article 7 (American Legion Auxiliary
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Somerset Post 58, The American Legion.
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Section 2. Membership in the Auxiliary shall be prescribed by the Nation Constitution of the American Legion Auxiliary.
Article 8 (Sons of the American Legion)
Section 1. This Post recognizes a Post program to be known as the Sons of The American Legion of Post 58.
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Section 2. Membership in the Sons of the American Legion Squadron shall be prescribed by the National and Department Constitution of the Sons of the American Legion.
Article 9 (Discipline)
Section 1. Each Post of The American Legion, Department of Ohio, shall be the judge of its own membership, subject to the restrictions of the National American Legion Constitution and By-Laws and the Department of Ohio Constitution and By-Laws, except that no person, who is a member of an organization which has for its aim the overthrow of the United States Government by force or violence, or who subscribes to the principles of any group opposed to our form of government, shall be eligible to become or remain a member of The American Legion.
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Section 2. Members may be reprimanded, suspended, or expelled from The American Legion, and officers may be reprimanded, removed from elected office, suspended, or expelled from membership only upon providing the member due process and a proper showing of cause. Charges shall be based upon disloyalty, neglect of duties, dishonesty, and conduct unbecoming a member or officer of The American Legion. All charges must be made under oath in writing by an accuser, and no member in good standing shall be reprimanded, suspended, or expelled, nor shall any elected officer be reprimanded or removed from office, suspended, or expelled, until given a fair trial in such manner and from as the Department Executive Committee shall prescribe in the Department of Ohio Uniform Code for the Conduct of Disciplinary proceedings. The trial proceedings shall be recorded by visual or sound recording or by verbatim transcription. The trial board verdict shall be announced at the next regular meeting of the Post membership, whereupon the membership may, except in the case of an acquittal, affirm, modify, or reverse the findings and sentence of the trial board.
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Section 3. If the accused is suspended or expelled, or removed from the office, the accused person may appeal such a decision to the Department Executive Committee. Said appeal must be filed with the Department Adjutant within thirty(30) days of the decision of the Post membership on the trial verdict. The Department Executive Committee shall hear the appeal, with the Department Judge Advocate presiding, and determine the issue at its meeting next following the action of the Post. The Department Executive Committee shall conduct its hearing solely upon the evidence considered by the trial board, and oral argument of the parties. The decision of the Department Executive Committee shall be final, if appeal to it is made; otherwise, the decision of the Post shall be final. The Post Executive Committee shall appoint a member or members of the Post or may retain counsel to prosecute the charges and the disciplined member may be represented by person or by counsel of their own choosing.
Article 10 (SEAL)
This corporation has a seal, which is described as follows: A seal press containing the emblem of the American Legion with the name of the Post and the number of the Post thereon.
Article 11(Order of Business
Unless otherwise ordered by the majority vote of the members present, the order of business at all regular and special meetings of the Post shall be as follows:
- Presentation of the Colors
- Opening prayer
- Reading of minutes of previous meeting
- Introduction of guests and prospective and new members
- Committee reports
- Balloting on applications
- Sick call, relief, and employment
- Post Service Officers report
- Initiation of candidates
- Unfinished business
- Election of officers, Trustees, or appointment of committees
- New business (and correspondence)
- Memorial to a departed Post member
- The good of the American Legion. (The membership shall be permitted to make any suggestions of any kind, character, or description, save of religion or partisan politics)
- Closing prayer
-Retirement of Colors
Article 12(Repeals and Amendments)
Section 1. These By-Laws are adopted subject to the provisions of the National Constitution of the American Legion and the Department Constitution of the Department of Ohio. Any amendments to said National Constitution or Department Constitution, which conflicts with any provision here of, shall be regarded as automatically repealing or modifying the provisions of these By-Laws to the extent of such conflict.
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Section 2. These By-Laws may be amended at any regular Post meeting by a majority vote 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 last 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 meetings a proposal to amend the By-Laws is to be voted upon.