Constitution of The American Legion Department of Alabama Garrison-Bonds Post 184
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 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 Garrison-Bonds Post 184, The American Legion, Department of Alabama.
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, and the National and Departmental 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 nonpolitical 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.
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. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Committee.
Section 3. Application Approval or Rejection: All applications for membership, once presented, shall be acted upon by the Post Adjutant; when eligibility for membership has been determined, and post dues have been collected. The Executive Committee shall be convened at the applicant’s request, if the applicant wishes to contest a ruling of ineligibility. An uncontested denial, or a ruling of the Executive Committee, shall not be reconsidered until a minimum of six (6) months have passed. However, the Post Adjutant may suspend an application if it is simply lacking proof of eligibility, and not be considered a denial of membership.
Section 4. Any member of this Post may be expelled or suspended for cause by a two-thirds vote of the Executive Committee after charges are preferred under oath in writing, and a fair trial had upon the same using the procedures in The American Legion Officer’s Guide and Manual of Ceremonies.
Section 5. 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 Post meeting, and the payment of current dues for the year in which the reinstatement occurs.
Section 6. No person who has been expelled by a Post shall be admitted to membership in this Post, without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, 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 the elected officers of the Post. This Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.
Section 2. The Elective Officers of this Post shall be a commander, a vice- commander, and three (3) executive committee members, who shall be nominated from the floor and receive a majority of the voice votes of those present in the May Post meeting.
Section 3. All elective officers shall be elected annually and they shall hold office until their successors are duly installed or as otherwise provided. Any officer may be removed for inefficiency by the Executive Committee, a two- thirds vote of said committee being necessary to effect such removal.
Section 4. The Post Commander may appoint an adjutant/finance officer, a sergeant-at-arms, post historian, a chaplain, a service officer, judge advocate, public relations officer, Legion Riders director and chairpersons of any committees created by the Commander, who shall hold office for a like term with that of the Post Commander or until their successors are chosen by a succeeding Post Commander.
Section 5. Every member of the Post in good standing and who has sufficient knowledge of American Legion history, policies and programs shall be eligible to hold office in this Post. Sufficient knowledge of American Legion history, policies and programs may be demonstrated by completion of the American Legion Basic Training Course1.
Section 6. The duties of officers and the executive committee shall be those usually appertaining to such officers or committees and as further provided in the Bylaws.
Section 7. Delegates to Department Convention – The Post Commander, Vice Commander, Adjutant/Finance Officer and elected Executive Committee members will be delegates to the Department Convention. The Post Commander will appoint other delegates up to the limit set in the Department Constitution. The Post Commander will be the Chairman of the delegation and the Adjutant/Finance Officer shall be the Secretary of the delegation.
Section 8. The Post Commander and/or Adjutant/Finance Officer will attend all conferences called by the Department Commander.
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 other 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. After receiving annual dues from members the Post shall pay to Department Headquarters the portion for the National and Departmental annual membership dues within thirty (30) days, except for the members who pay by credit or debit card on the National web site. In the case of electronic payment to the National web site the Post dues retained by the Department may be applied to the Department and National annual membership dues of those who pay their dues to the Post.
Article VII—Charter Members
Section 1. Members who joined this Post prior to the issuance of charter shall be known as charter members.Article VIII—American Legion Auxiliary
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Garrison-Bonds Post 184, The American Legion.Section 2. Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.
Article IX – Sons of The American Legion
Section1. This Post recognizes a Sons of The American Legion Organization known as the Sons of the American Legion Squadron of NAME Post 184, The American Legion, Department of Alabama.
Section 2. Membership in the Sons of The American Legion shall be governed by such rules and regulations as may be prescribed by the National Executive Committee of The American Legion and thereafter approved by The Department of Alabama Executive Committee.
Article X – Legion Riders
Reserved.
Article IX—Amendments
Section 1. This Constitution is adopted subject to the provisions of the national Constitution of The American Legion and of the Department Constitution of the Department of Alabama, The American Legion. Any amendment to said National Constitution or Department Constitution which is in conflict with any provisions hereof shall be regarded as 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 the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post, and providing, further, personal, U.S. Mail or electronic mail service shall have been given to all members at least 10 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.
BYLAWS of The American Legion Department of Alabama Garrison-Bonds Post 184
Article I
Section 1. The Post existing under these By-Laws is to be known as Garrison- Bonds Post 184, The American Legion, Department of Alabama.
Section 2. The objects of this Post are as set forth in the Constitution.
Article II—Management
Section 1. The government and management of the Post is entrusted to an Executive Committee consisting of the Post Commander (Chairman), the Vice Commander, the Adjutant/Finance Officer and two Executive Committee Members, to be known as the “Executive Committee.”
Section 2. The elected officers of this Post shall be elected annually at the scheduled meeting in May and take office at the meeting next following that of the election. Nomination will be taken from the floor and the elections of officers and executive committeemen by voice vote and the candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates.
Section 3. All vacancies existing in the Executive Committee except the Commander 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 so appointed shall hold office for the unexpired term of the member of the committee. A vacancy shall exist when a member or officer is absent from the Post for a continuous period considered detrimental to the interest of the Post by the Executive Committee.
Article III—Post Executive Committee
Section 1. 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 10 days after the installation of the new officers. Thereafter the Post Executive Committee shall meet at the call of the commander 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, a majority of the members of the committee shall constitute a quorum thereof.
Section 2. The Post Executive Committee shall prepare a budget for the ensuing year no later than the April post meeting.
Section 3. The Post Executive Committee shall perform the duties and responsibilities of the board under the Certificate of Incorporation; shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having custody of Post funds; shall hear the reports of Post committee chairs; and generally shall have charge of and be responsible for the management of the affairs of this Post.
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 of the Post. The commander shall present the budget at the April meeting for changes, additions or deductions and final approval at the May meeting. The Commander shall perform such other duties as directed by the Post.
Section 2. Duties of Vice-Commander. The 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.
As adjutant, the Adjutant/Finance Officer shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National Organizations may require, render reports of membership annually or when called upon at a meeting, and under direction of the commander handle all correspondence of the Post. Upon approval of the annual budget in May the adjutant shall immediately forward the budget to the Department adjutant. The adjutant shall be a member of the Post Membership Committee.
As finance officer, the Adjutant/Finance Officer 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 Post the condition of the finances of the Post, with such recommendations as may deem expedient or necessary for raising funds with which to carry on the activities of the Post. The Adjutant/Finance Officer shall sign all checks and control the use of the Post Debit Card disbursing the monies of the Post. He shall furnish such surety bonds in such sum as shall be fixed by the Post Executive Committee. In the event the Adjutant/Finance Officer is incapacitated all other Post Executive Committee members will also be authorized to sign. Other instruments held by the Post, such as certificates of deposits, require the signatures of two members of the Post Executive Committee to cash out the instrument. In addition, the finance officer is required to make a full financial report annually at the end of the fiscal year. An audit will be conducted at the end of the fiscal year by a Certified Public Accountant or a committee of three (3) members of the Post. Neither the Commander nor finance officer shall be a member of the audit committee. The audit is compiled and date the last day of the fiscal year. He shall maintain accountability of all Post durable property. He shall execute written rental agreements for the use of Post real property by other entities.
Section 4. 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 properly pertain to the office as may be determined by the Post or the Executive Committee.
Section 5. Duties of Post Chaplain. The Post chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian 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.
Section 6. Duties of Sergeant-at-Arms. The sergeant-at-arms shall preserve order at meetings and shall perform such other duties as may be from time to time assigned by the Post Executive Committee.
Section 7. Duties of Post Service Officer. The service officer shall assist veterans and their families in procuring benefits and services available to them and other duties as may be directed by the Post Commander.
Section 8. Duties of Post Public Relations Officer. The public relations officer shall be a member of the Post Membership Committee and promote public support of the Legion’s programs.
Section 9. Duties of Legislative Chairman. The legislative chairman shall bring to the attention of the members any legislation that will be beneficial or harmful to the members and shall communicate the positions of the Post members to the legislative and executive branches at all levels of Government within the United States.Section 10. Duties of Legion Riders Director.
Reserved.
Article V—Delegates
Section 1. Delegates to Department Convention – The Post Commander, Vice Commander, Adjutant/Finance Officer and elected Executive Committee members will be delegates to the Department Convention. The Post Commander will appoint other delegates up to the limit set in the Department Constitution. The Post Commander will be the Chairman of the delegation and the Adjutant/Finance Officer shall be the Secretary of the delegation.
Article VI—Appointments
Section 1. The Post commander, immediately upon taking office each year, shall appoint the following standing committees as he deems necessary for this Post: Americanism, Ceremonials, Children and Youth, Economic, Finance, Foreign Relations, Graves Registration and Memorial, House and Entertainment, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, National Security, Sons of The American Legion and Visiting or VAVS. Such standing committees shall consist of such members, and the chair 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 insure all new members are properly initiated. The committee also concerns itself with proper presentation of other rituals outlined in the Manual of Ceremonies—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 re-employment rights.
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. Foreign Relations. This committee has become active as America has recognized its responsibility as a world leader. Maintaining and securing world peace and friendship abroad through community endeavors have become as essential as any aspect of treaty law.
Section 8. 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 the service officer in providing flags, headstones or proper interment in national cemeteries.
Section 9. House and Entertainment Committee. The House and Entertainment quarters promotion of club advantages and arrangement for social activities.
Section 10. 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 11. 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.
Section 12. 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 13. Veterans Affairs and Rehabilitation Committee. The Veterans Affairs and Rehabilitation committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or state government, employment, relief, etc.
Section 14. Security Committee. The Security Committee shall work with and coordinate Legion efforts with the Local Civil Defense Council on matters pertaining to national, civilian and home defenses. It shall assist the armed forces of the United States in recruiting efforts and in every way be active in community activities for the defense of the nation and the security of the American home.
Section 15. 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.
Section 16. Visiting or VAVS Committee. This committee is charged with visiting and comforting members and their families when sick or bereaved, and with visiting ex-service personnel in hospitals.
Article VII—Post Property
Section 1. Post equipment or property will not be sold, bartered, traded, used, pawned or removed without the approval of the Post Finance Officer. The Finance Officer will require a signed receipt in such case.
Section 2.
a) The Post shall not dispose, mortgage, rent, or lease real property without prior approval of the Department Executive Committee.
b) Any individuals that violates Article VII Section 2 para (a) shall be held liable for such expenses and/or losses.
c) Daily rentals are authorized to provide income for the post; however total control of the post and/or property cannot transfer unless approved by the DEC. The Post shall use a written agreement for daily rentals.
Article VIII — Resolutions
Section 1. All resolutions of state or national scope presented to this Post by a member or reported to this Post by a 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 IX—Meetings
Section 1. The regular meeting of the Post shall be set by the Executive Committee and all members will be notified of any change by the Adjutant, at which may be transacted such business as may properly be brought up for action; such meetings may be converted into entertainment meetings, as may be deemed advisable by the officers of the Post.
Section 2. The Post commander or a majority of the Executive Committee may call a special meeting of the Post at any time.
Section 3. Upon the written or email request of two (2) of the members, the committee shall call a special meeting of the Post.
Section 4. Five (5) members shall constitute a quorum.
Article X—Notices
Section 1. Every member shall furnish the Post adjutant with an address for mailing.
Section 2. The Post adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.
Article XI—Rules of Order
Section 1. The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Post in all cases to which they are applicable and in which they are not inconsistent with these Constitution and Bylaws.
Article XII—Limitations of Liabilities
Section 1. The Post shall incur, or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other Post, subdivision, members of The American Legion, or other individuals, corporations or organizations.Article XIII—Amendments
These By-Laws may be amended at any regular Post meeting by a vote of two-thirds of the members of said Post attending such regular meeting: Provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post: and, Provided, Further, That personal, U.S. Mail or electronic mail service shall have been given to all members at least 10 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.The above Constitution and ByLaws were ratified by the members of Post 184 on 1 February 2021.