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POST CONSTITUTION

Arthur Sawyer Post No. 28, The American Legion

Department of Florida, 14th District, Key West, Florida

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 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 sanctifyour comradeship by our devotion to mutual helpfulness.

ARTICLE I NAME

Section 1. The name of the organization shall be Arthur Sawyer Post No. 28, the American Legion, Inc., Department of Florida.

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 Preamble and the National and Departmental Constitution 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. The organization shall be absolutely non-political and shall not be used for the dissemination of partisan politics, or 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 rank or naval title during any meeting of this Post.

ARTICLE IV MEMBERSHIP

Section 1. Eligibility to membership in this Post shall be prescribed by the National Constitution of the American Legion.

Section 2. Application for membership shall be made in writing under such regulation as may From time to time be prescribed by the Post Executive Committee.

Section 3. All applications for membership, reinstatement and transfers shall be acted upon at The Post meeting following the receipt of such application and shall, at such meeting, be accepted, rejected or referred for further investigation and consideration. Any application for Membership may be elected or rejected by a majority vote of the members present at saidMeeting of the Post.

Section 4. Members or Post Officers may be reprimanded, suspended or expelled from the Post Only upon proper showing or cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of The American Legion. Charges must be made under oath in writing by the accusers, and no member or officer shall lose his membership or office until given a fair trial. If disciplinary proceedings are conducted through a trial the Post must notify the District Commander at least ten (10) days in advance of any such trial, of the date, time and location where the trial is to be held in order to have a District Officer attend the Trial. The decision at trial may be an acquittal, reprimand, suspension, expulsion or, in the case of an Officer, removal from office and shall be reported to the Post forthwith and acted upon by the Post at its next regular meeting. The Post, except for a decision of acquittal, may affirm, modify or reverse any decision of the trial.

Section 5. No person who has been expelled by a Post shall be admitted to membership to thisPost without the consent of the expelling Post, except where such consent has been asked for and denied by the expelling Post, he may then appeal to the Department Executive of the expelling Post for membership in this Post and shall ineligible for membership until such permission is Granted and received.

ARTICLE V OFFICERS

Section 1. The administrative affairs of this Post shall, except as may be otherwise provided by the By-Laws, be under the supervision of an Executive Committee which shall consist of three (3) Members in addition to the officer of the Post. The term of office of members of the Executive Committee shall be for one year. This Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.

Section 2. The officers of this Post shall be a Post Commander, First vice Commander, Second Vice Commander, Finance Officer, Adjutant, Historian, Chaplain, Sergeant-at-Arms, Service Officer, Judge Advocate and two Executive Committeemen. The offices of Adjutant, Service Officer and Judge Advocate shall be appointed by the Commander-Elect subject to the approval of the Executive Committee-Elect. All other offices shall be elected annually. The Junior Post Commander shall be a member of the Executive Committee.

Section 3. All office and Executive Persons shall hold office for one year or until their successors have been duly installed or as otherwise provided. Any officer or Executive Committee Person may be removed from office for any of the following grounds (1) disloyalty to the American legion or the National Government, (2) Neglect of duty, (3) Dishonesty, (4) Conducting unbecoming a member or officer of the American Legion.

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 Persons shall be those usually appertaining to such officers and committee persons and as further provided by the By-Laws.

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 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 the Executive Committee, subject to approval of the Post Membership.

Section 3. This Post shall pay to the Department Headquarters the national and Departmental

Membership dues for every member of the Post.

ARTICLE VII CHARTER MEMBERS

Section 1. Members, who joined this Post prior to the 14th of July, 1919 shall be known as Charter Members.

ARTICLE VIII AMERICAN LEGION AUXILIARY\

Section 1. This Post shall recognize an Auxiliary to be known as the Auxiliary Unit of Arthur Sawyer Post No. 28, the American Legion.

Section 2. Membership in the Auxiliary shall be as present by the National Convention of the American Legion Auxiliary.

ARTICLE IX SONS OF THE AMERICAN LEGION

Section 1. This Post recognizes the Sons of the American Legion to be known as Arthur Sawyer Squadron No. 28, Sons of the American Legion.

Section 2. Membership in the Sons of the American Legion shall be as prescribed by the National Constitution of the Sons of the American Legion.

ARTICLE X 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 Florida, the American Legion. Any amendments to said National Constitution or Department Constitution wWhich is in conflict with any provision 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 a vote of two-thirds (2/3) of the members present, providing that the proposed amendment shall have been submitted in writing and read at a regular meeting of the Post, and provided further, that written notice shall have been given to all members at least seven (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 Constitution is to be voted upon.

ARTICLE XI POSTING OF THE CONSTITUTION

Section 1. This Constitution, together with all amendments thereto, shall properly be arranged By the Post Adjutant, under the direction of the Post Judge Advocate, and printed in suitable pamphlet or booklet form as soon as practicable, following approval and adoption thereof by the Membership of the Post. The Adjutant shall keep on hand, in his office, an adequate supply of Copies of same and shall furnish members of the Post, in good standing a copy thereof. A copy of said Constitution shall also be furnished to each new member at the time their membership card is issued.

ARTICLE XII ADOPTION

Section 1. By the adoption of this amended and re-arranged Constitution, it is declared that all previous arrangements of said Constitution of the Post are hereby revoked and declared null and void. This Constitution, and amended and re-arranged, shall become effective and operative immediately upon approval and adoption by the Post membership.

Submitted for Consideration with Amendments.

First Reading 19 MARCH 2014 Second Reading 16 APRIL 2014

Post Commander Judge Advocate

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