Suggested changes/updates for By Laws. To be discussed and voted on at December membership meeting on December 11, 2023.
CONSTITUTION AMERICAN LEGION POST #11, LAFAYETTE, INDIANA
AS ADOPTED AND AMENDED date of approval
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
the Great [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 prosperity 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 the organization shall be Lafayette Post # 11, The American Legion, Department of Indiana, Inc.
Article II Objectives
Section 1. The objectives 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. The 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 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 at the 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. All applications for membership shall be acted upon by the
membership committee [Adjutant] following the making of such application, and shall be accepted, rejected, or referred for further investigation and consideration. If a majority of the committee members cast their vote against the acceptance of said application, then such application shall be recorded as rejected.
Section 4. Any member of this Post may be expelled for cause by a two-thirds vote of the Post members attending the trial, excluding accuser, counsel and material witnesses of either.
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 [Department] 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 officers of this Post shall be a Commander, two Vice-Commanders, an Adjutant, and a Finance Officer.
Section 2. An Executive Board consisting of the following twelve members shall govern and manage this Post:
- The Commander, two Vice-Commanders, the Adjutant, and Finance Officer,
- The immediate past Commander; and six Executive Board Members.
Section 3. The members of this Post shall elect the officers annually for a term of one year in May of each year. The members shall also elect three Executive Board Members annually, for a two-year term, in May of each year.
- The immediate past Commander shall automatically serve as a member of the Executive Committee for one year; if the immediate Past Commander declines to serve, is unable to serve, or is serving the Post in another position, the Commander shall appoint another member to serve, subject to the affirmative vote of the remaining Executive Board members.
- Officers and Executive Board shall hold office until their successors are duly installed or as otherwise provided. The Executive
Committee[Board] may remove any Officer or Executive Committeeman[Board member] for inefficiency by a two thirds vote of the Executive Committee[Board].
Section 4. Every member of this Post in good standing shall be eligible to hold office in this Post.
Section 5. The duties of Officers and the Executive
committee [Board] shall be those usually appertaining to such Officers or committee [positions] and as further provided in the By Laws.
Section 6. The Commander
shall [may] annually nominate a member of this Post to serve as Post Judge Advocate for a one-year term, subject to the affirmative vote of the Executive Committee [Board]; the Judge Advocate shall serve as an ex-officio member of the Executive Committee [Board].
Article VI Finance
Section 1. The revenue of this Post shall be derived from annual membership dues and from such other sources as may be approved by the Post Executive Board.
Section 2. The amount of such membership annual Post dues shall be
$45.00 INCLUDING the annual National and department membership dues [$10.00 above the sum total of National dues + Departmental dues].
Section 3. The Post shall pay to Departmental Headquarters the National and Departmental annual membership dues for every member of the Post, [with the exception of members who pay dues on-line directly to the Department].
Section 4. The fiscal year for the finance reports and budget shall be June 1 through May 30.
Article VII American Legion Auxiliary
Section 1. The Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Lafayette Post #11, The American Legion.
Article VIII SONS OF THE LEGION AND LEGION RIDERS
Section 1. The Sons of the Legion and Legion Riders are programs within the post and are supervised by the Executive Board.
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 Indiana, 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, written notice shall have been given to all members at least 7 days in advance of the date which 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.
POST BY-LAWS AMERICAN LEGION POST #11, LAFAYETTE, INDIANA AS ADOPTED AND AMENDED ON (DATE OF APPROVAL)
Article I Name
Section 1. The Post existing under these By Laws is to be known as Lafayette Post #11, the American Legion, Department of Indiana.
Section 2. The objectives 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 of 12 members, to be known as the “Executive Board".
Section 2. All elections of Officers and Executive Board members shall be by ballot 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. The Executive Board shall consist of 7 members in addition to the Officers of the Post, and together with the
other Officers of this Post shall be elected annually, at the May meeting, and take office at the meeting next following that of the election. All elections of Officers and Executive Board members shall be by ballot 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 4. All vacancies existing in the Executive Board, or in 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 Executive Board, and a person so appointed shall hold office for the unexpired term of the member of the Executive Board or officer who succeeded. 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 Board
Section 1. The Executive Board shall govern and manage this Post.
a. The Executive Board consists of the Commander, two Vice-Commanders, the Adjutant, the Finance Officer,
and the immediate past Commander and six [Executive] Board members.
Section 2. The Post Executive Committee shall hire such employees as may be necessary; and shall
authorize [consult on major] and approve all expenditures; shall require adequate bonds for all persons having the 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 approve all orders directing the disbursement of funds and shall make an annual report covering the business of the Post for the year, and make recommendations for the ensuing year, which shall be read at the annual meeting and a copy thereof immediately forwarded to the Department Adjutant. The Commander shall perform such other duties as directed by the Post.
Section 2. Duties of Vice Commanders. 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. The 1st Vice Commander shall oversee the house committee
and chair the Membership Committee. The 2nd Vice Commander will oversee the special committees and report to the Executive Board on their activities.
Section 3. Duties of Post Adjutant. The Adjutant shall [chair the membership committee], 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 the direction of the Commander, handle all correspondence 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 some local bank or banks and shall report once a month, to the Executive Committee, [and to the general membership], 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 Finance Officer, [or designated officer] shall sign all checks disbursing the monies of the Post, and shall furnish such surety bonds in such sum as shall be fixed by the Post Executive
Committee [Board]. The Finance Officer shall subject Post finances, including the Club and Gaming accounts, for annual audit, and as required by the Indiana Gaming Commission.
Section 5. Duties of Post Historian. The Post Historian
shall [may] 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 6. Duties of the Post Chaplain. The Post Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but non-sectarian service in the event of dedications, funerals, public junctions, etc., [and] adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time.
Section 7. Duties of Sergeant-at-Arms. The Sergeant-at-Arms shall [set up the meeting room,] preserve order at meetings, and shall perform such duties as may be from time to time assigned by the Post Executive Board.
Article V Delegates
Section 1. Delegates and Alternates to the Department Convention shall be elected by secret ballot by the Post at a regular meeting of the Post where the officers are also elected. In event of delegate vacancies, they will be filled by a vote of the Executive board.
Article VI - Appointments
Section 1. The Post Commander, immediately upon taking office each year, shall appoint the following standing committees:
- House/Personnel Committee
Duties: Oversight of the physical plant and supervision of staff and procurement food and alcohol. The Executive Board will exercise oversight responsibility. The day to day operations will be the function as a club manager and will be appointed by and report directly to the board.
In the event that the position of club manager is to be held by a non-legion member, that person will become an ex officio (Non-voting) member of the board. The position will be evaluated by board action annually. The First Vice Commander will have oversight of the House Committee.
Duties: Responsible for the operation of all games and raffles, the ordering of supplies and submitting timely committee reports to the Financial Officer and presenting periodic reports to the Executive Board. This committee is responsible for maintaining a list of approved gaming personnel. [The committee will] supervise all gaming activities in accordance with state and local regulations. Days approved for Post will be in accordance with those submitted to the Indiana Gaming Commission.
- Honor Guard/ Memorial Committee
Duties: The Honor Guard shall provide [funeral and/or] cemetery military honors, [shall partner with other Honor Guards/Color Guards to provide this service], and provide Color Guard for ceremonial occasions.
- Media Committee
Duties: Coordinate Post media outlets and maintain accurate and timely information on the Post website,
Twitter feed and Facebook,[social media platforms], online newsletter and electronic sign.
- Sons of the American Legion and Legion Riders Committee
Duties: This committee shall have supervision over the Post’s Squadron of The Sons of the American Legion and Post’s Legion Riders Chapter.
- Community Relations Committee
Duties: Oversee Post regularly conducted activities and programs such and Boy’s State and Legion Baseball, [and] maintain relationships with other local veterans organizations.
- All Club Committee
Explanation: This committee informs and coordinates activities and events of all four clubs within Post 11.
Meeting coordinators should rotate among the four units on a monthly basis.
- 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.
- Special Committees
Explanation: Special committees will be constituted to complete a single project within a specified time frame (a fund-raising event or social activity). Special committee chairs will report to the Second Vice Commander.
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 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 VIII Meetings
Section 1. The regular meeting of the Post shall be held at the club
on the second Monday of each month, at which may be transaction of 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. [Members may attend meetings electronically, if prior notice of request is given to a member of the Executive Board (audio/video).]
Section 2. The Post Commander or a majority of the Executive
Committee [Board] shall have power to call a special meeting of the Post at any time.
Section 3. Upon the written request of 8 members, the committee shall call a special meeting of the Post.
15 [Twelve] members shall constitute a quorum at Post meetings. Seven members will constitute a quorum at Executive Committee meetings.
Section 5. Four Executive Committee members may call an emergency Executive Committee meeting by notifying the Commander.
Section 6. Special and emergency meetings may be conducted electronically provided all appropriate members are notified.
Article IX - 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.
X [IX]- 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.
XI [X] – Limitation of Liabilities
Section 1. The Post shall incur, or cause to be incurred, any liability or obligation whatever which shall be subject to liability any other Post, subdivision, members of The American Legion, or other individuals, corporations or organizations.
XII [XI] – Amendments
Section 1. These Bylaws may be amended at any regular Post meeting by a vote of two thirds of the members of said Post attending such regular meeting, [given that a quorum is present at the 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 written notice shall be given to all members at least 7 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 Bylaws is to be voted upon.
XIII [XII]- Election
[Section 1. Nominating Committee
- A Nominating committee consisting of 3 members will be formed 2 months prior to the election of officers.
- Members of the Nominating Committee may not be on the ballot.
- The Nominating Committee shall accept nominations submitted in writing from any member in good standing for all available positions prior to the member meeting in the month prior to the scheduled election, and shall present these nominations to the membership at said meeting.
- Nominations from the floor will be accepted at the membership meeting held during the month prior to scheduled elections.
- Once all nominations have been submitted, the Nominating Committee shall present the ballot to be voted on the following month during the scheduled election.]
Section 2. Election of officers:
- [The Post Adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.]
- In May, at the regular meeting
of the 2" Monday of the month, the members of this Post shall meet and elect the officers for a term of one year.
- In May of each year, the members shall elect three Executive Board members to serve for two-year terms.
- The Officers and Executive Board members shall take office at the meeting next following their election.
- All Officers and Executive
committee[Board] members shall be elected by secret ballot and the candidate receiving the most votes shall be elected.
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