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 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 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 non-political and shall not be used for the dissemination of partisan politics, 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 their 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 said meeting of the Post.
Section 4. Any member of this Post may be reprimanded, removed from office, suspended, or expelled from this Post and The American Legion based on disloyalty, neglect of duty, dishonesty, and/or conduct unbecoming a member of The American Legion, following the procedures outlined in the Constitution of The Department of Florida and the appended Rules Governing Trials.
Section 5. Any member who has been expelled or suspended from this Post for any cause may be reinstated to membership by a two thirds (2/3) vote of the membership at a Post meeting and 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 to this Post 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 Board 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 The Officers of the Post and minimum of two (2) Executive Committee Members. 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:
Post Commander
First Vice Commander
Second Vice Commander
Finance Officer
Sergeant-at-Arms
Historian
Chaplain
Two minimum (2) Executive Committee Members
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 Members 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 Members shall be those usually appertaining to such officers and committee members 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. Member who joined this Post prior to the 14th of July 1924 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 prescribed 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 AMERICAN LEGION RIDERS
Section-1-This-Post-recognizes the American-Legion-Riders-to-be-known-as-Arthur-Sawyer-- Chapter No. 28, American Legion Riders.
Section 2. Membership in the American Legion Riders shall be prescribed by the National Constitution of the American Legion Riders.
ARTICLE XI THE AMERICAN LEGION AMATEUR RADIO CLUB
Section 1. The Post Recognizes the American Legion Amateur Radio Club to be known as Arthur Sawyer Station No 28, TALARC.
Section 2. TALARC was created by resolution in 2011. Members utilize amateur radio both as a hobby and a means of civil defense communications during natural disasters. Amateur radio has long been an interest of veterans, many of whom served in communications roles in the military. TALARC is no longer operating as a national program. American Legion National Headquarters encourages continuation of the program at the Post level.
ARTICLE XII 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 which conflicts 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 XIII 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 XIV 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.