ARTHUR SAWYER POST #28 AMERICAN LEGION, INC
DEPARTMENT OF FLORIDA
POST BY-LAWS
ARTICLE I NAME AND OBJECT
Section 1: The Post existing under these By-Laws shall be known as ARTHUR SAWYER POST #28, AMERICAN LEGION, INC. DEPARTMENT OF FLORIDA.
Section 2: The Objects of this Post are set forth in the Constitution
ARTICLE II MANAGEMENT
Section 1: The government and management of the Post are entrusted to an Executive Committee.
Section 2: The Executive Committee shall consist of the elected officers plus four (3) members. One (1) of these four members being the Junior Past Commander and two (2) members to be elected from the Post at large who will be known as the Executive Committee Persons. The President of the Post Auxiliary and Squadron Leader of the Sons of the Legion are invited as non-voting members of the Executive Committee.
Section 3: All vacancies existing on the Executive Committee, or 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 Committee, and a person so appointed shall hold office for the unexpired term of the member of the Committee or officer who he/she succeeds. A vacancy shall exist after resignation, being found guilty by trial for disloyalty to the American Legion or the National Government, neglect of duty, dishonesty or conduct unbecoming an officer or member of The American Legion.
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 ten (10) days after installation of the new officers to act upon the Commander-Elect’s appointments of Adjutant, Service Officer, and Judge Advocate, and discuss Committee Chairs.
Section 2: Thereafter the Post Executive Committee shall meet at the call of the Commander on the 2nd Saturday of each month at 1000 or as often as said Commander may deem necessary. Meetings of the Executive Committee may be held or attended on Zoom or similar video conferencing media. The Commander shall also call a meeting of the Post Executive Committee upon the written request of three (3) or more members of said Executive Committee. A majority of the total number of Executive Committee members shall constitute a quorum thereof.
Section 3: The Post Executive Committee 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 Chairmen; and generally shall have charge of and be responsible for the management of the affairs of the Post.
ARTICLE IV OFFICER AND DUTIES
Section 1: The elective officers of this Post shall be: Post Commander, First Vice Commander, Second Vice Commander, Finance Officer, Sergeant-at-Arms, Historian, Chaplain, and two (2) Executive Committee Persons. The Appointed officers of the Post, selected by the Post Commander, shall be Adjutant, Judge Advocate, Service Officer, and other such officers as may be deemed necessary with the approval of the Post Executive Committee.
Section 2: Duties of the Post Commander: it shall be the duty of the Post Commander to preside at all meetings of the Post, to have general supervision over the business and affairs of the Post, and such officer shall be Chief Executive Officer of the Post and shall be ex-officio member of all standing committees by virtue of his/her office. He/she is entrusted with the supervision of the duties of all other Post officers. He/she 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 recommendations for the ensuing year, which shall be read at the annual meeting and a copy thereof immediately forwarded to the Department Adjutant.
Section 3: Duties of the First Vice Commander: The First Vice Commander shall assume and discharge the duties of the office of Commander in his/her absence or disability of, or when called upon by the Post Commander. He/she shall be the Membership Chair. The Second Vice Commander shall fulfill the duties of the First Vice Commander when called upon to do so.
Section 4: Duties of the Second Vice Commander: The Second Vice Commander shall also be the Post House and Activities Chair charged with maintenance of the premises inside and out. He will have direct supervision of Post activities including lounge and lounge manager. The Second Vice, along with the Post Commander and First Vice Commander shall have authority to hire and terminate employees and volunteers as necessary. Terminations may be appealed to the full Executive Committee for final resolution. The Second Vice Commander will have supervision of the lounge and building accounts and provide monthly reports to the Finance Officer.
Section 4: Duties of Post Adjutant: The Adjutant shall have charge of and keep 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. He/she shall be responsible for the membership cards and their issue. He/she shall collect the dues for membership in the Post and submit said dues to the Finance Officer for deposit in the bank.
Section 5: Duties of the Finance Officer: The Finance Officer of the Post shall have charge of all finances and see that they are deposited safely in some local financial institution. The Finance Officer must make a Financial Report to the Post Membership at least once a month. This Financial Report shall include the condition of the finances of the Post, with such recommendations as he/she may deem necessary for raising funds with which to carry on the activities of the Post. The Finance Officer will manage the Post Accountant under the supervision of the Post Commander. The Finance Officer shall sign all checks disbursing the monies of the Post. All checks over $2500 will require two signatures. He/she shall furnish such surety bonds in such sum as shall be fixed by the Post Executive Committee. He/she shall preside as Chair of the Finance Committee.
Section 6: Duties of the 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 membership or Executive Committee. He/she shall present an historical record of the activities of the Post during the current year at the regular meeting preceding the installation of officers.
Section 7: Duties of the Post Chaplain: The Post Chaplain shall be charged with the spiritual welfare of the Post and will offer divine, but non-sectarian, services in the event of dedications, funerals, public functions, etc., adheres to such ceremonial rituals as are recommended by National or Department Headquarters from time to time. The Chaplain shall be Chair of the Graves Registration, Visiting and Memorial Committee.
Section 8: Duties of the Sergeant-at-Arms: The Sergeant-at-Arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to him/her by the Post Executive Committee. He/she shall attend all meetings and prepare the meeting room. He/she shall be the Chair of the Ceremonial Committee.
Section 9: Duties of the Judge Advocate: The Judge Advocate shall advise the membership and the Post Executive Committee on all legal matters, including the Post Constitution and By-Laws and interpretations of the National and Department Constitution and By-Laws, and shall perform such other duties as are usually incident of the office. The Judge Advocate shall be the Chair of the Audit Committee. The Judge Advocate shall act as the Parliamentarian at all meetings and shall have additional knowledge of Parliamentary Procedures and refer to Roberts Rules of Order whenever necessary.
Section 10: Duties of the Service Officer: The Service Officer shall assist Veterans in all matters pertaining to service records, hospitalization and contact the Veterans Administration and other Government Agencies as necessary. The Service Officer shall be Chair of the Veterans Affairs and Rehabilitation Committee.
Section 11: Duties of Executive Committee Persons: Executive Committee Persons will represent the interests of the General Membership at Executive Committee meetings, both regularly scheduled and at the call of the Commander. Executive Committer Persons will chair Post committees as assigned by the Post Command or Executive Committee
ARTICLE V: ELECTION OF OFFICERS
Section 1: The annual election of this Post shall be held on the day of the General Membership Meeting in the month of May. The Adjutant shall cause notice of the annual elections to be given at least sixty days prior to said elections. Voting will be from Post opening to 1900 (7:00PM) hours on the day of that regular meeting; with the regular meeting to follow and the results of the election to be announced.
Section 2: Nominations for office shall be made at the regular General Membership meetings of the Post in March then in April, where final nominations will be made and nominations will be closed.
Section 3: All elections of officers shall be by secret ballot and the Candidate receiving the highest number of votes shall be declared elected to the respective office for which he/she was a candidate. Voting by proxy and write in candidates shall not be allowed.
Section 4: A ballot containing the names of all candidates regularly nominated shall be prepared by the Adjutant. This shall be the official ballot for the election and shall be printed in numbers sufficient for the election.
Section 5: After closing the nominations, and before the election, the Post Commander shall appoint three (3) election judges to supervise and conduct the election, count the ballots and report the results to the Commander. It shall be the duty of the election judges to see that the By-Laws governing qualification of candidates and the election of same are strictly complied with. An elections judge shall not be a candidate for any office in any such election. All judges must be members in good standing of the American Legion.
Section 6: No ballot shall be counted if mutilated or changed from its original form. The counting shall be open for observation of the membership present. Any questions arising out of the election, upon which the election judges cannot agree, shall be referred to the Executive Committee. In the event any election judge shall fail, refuse, or be unable to serve as such, his/her successor shall be appointed by the Commander and approved by the Executive Committee.
Section 7: Should all candidates be unopposed, at the regular meeting of the Executive Committee in May, the Post Adjutant shall call a majority vote of the Executive Committee for each candidate on the slate.
Section 8: Upon receipt of the report from the elections judges, the Commander shall immediately make the results of the election known to the membership in open meeting.
Section 9: Nominations for Life Membership Award will be received only during the annual nominations of Post Officers. Said nominations must be in writing in letter form and read at the time of the submission by the member making the nomination. Nominations will then be submitted to the Post Commander, who will submit said nominations for consideration to a secret meeting composed of five (5) members of the Post in good standing, two (2) of whom must themselves be Life Members. A decision of the committee shall be submitted in writing to the Commander at the meeting on the night of the annual election. Decisions of the committee shall be final. The recipient of the Award shall have his/her dues paid by the Post for the remainder of his/her life and shall be presented with an appropriate card attesting to the Award.
Section 9: Candidates for the various offices in the annual election may publicize their candidacy by the utilization of campaign banners, cards, etc, if so desired.
Section 10: In the event of a tie for any office and a runoff election is required, the runoff election shall be held seven (7) days after the general election.
Section 11: Delegates and alternates to an American Legion Convention, Conference, whether National, Department or District, shall be nominated and elected by open ballot of the members of the Post present at a regular General Membership meeting of the Post. Any member of this Post elected as a delegate or alternate to an American Legion Convention or Conference shall not, at the same time, be a delegate or alternate to any meeting, conference or convention of any other organization. The Post Commander, Adjutant and Finance Officer, by virtue of their offices, shall automatically be members of any such delegation and shall be the Chair and Secretary, respectively.
Section 12: The Post shall defray the lodging and travel expenses and registration fees for delegates to a National, Department or District Convention or Conference, insofar as funds are available. The Post Finance Officer shall make all necessary reimbursements.
ARTICLE VI: APPOINTMENTS
Section 1: The Post Commander, immediately upon taking office each year, shall appoint the following standing committees as needed: Americanism, Audit, 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 and whatever other committee as deemed necessary by the Executive Committee.
Section 2: Americanism Committee: This Committee shall be charged with the inspiring patriotism and good citizenship by arranging for the proper observance of patriotic occasions, encouraging 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 such as Boys State, Scouting, Oratorical Contests, School Medal Awards, Baseball and Flag Etiquette.
Section 3: Audit Committee: An Audit Committee is needed to Audit Quarterly and conduct other audits as deemed necessary by the Executive Committee. The Judge Advocate shall chair the Audit Committee.
Section 3: Ceremonials Committee: The principal duties of the Ceremonials Committee are to ensure that all new members are properly initiated. The committee must also concern itself with the proper presentation of other rituals outline in the manual of Ceremonies, such as Burials and the wearing of the Legion Regalia.
Section 4: Children And Youth Committee: This 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: Economics Committee: This committee is to serve and assist veterans in meeting and overcoming economic problems such as employment, Veterans preference, housing, Civil Service Appeals, employment of handicapped and older workers.
Section 6: Finance Committee: This Committee shall be in charge of the administration of the financial policy, preparation of budget recommendations and supervision of receiving, disbursing and accounting for 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 shall be its primary purpose as these have become as essential as any aspect of Treaty Law.
Section 8: Graves Registration and Memorial Committee: This Committee shall record gravesites, complete information on veterans burials in cemeteries assigned to the Post, mark and decorate graves of deceased veterans, render services and comfort to bereaved families, and to provide American Legion funeral services when requested.
Section 9: House and Entertainment Committee: This Committee shall supervise the operation of physical facilities of the Post, such as Social Quarters, Post Home, Grounds, etc. Supervision includes administration. Responsibility for equipment, hiring and direction of employees, as authorized by the Post Executive Committee, and general rules applicable to the conduct of members while on the premises of the Post. The Second Vice Commander will chair this committee.
Section 10: Legislative Committee: This Committee needs to have a knowledge of what is going on in Congress, such as what the American Legion favors or opposes, and should be ready to initiate action in support of our positions when requested by National or Department.
Section 11: Membership Committee: This Committee shall obtain, retain, and increase the membership of the Post with the specific responsibility of ensuring the renewal of present members, enrollment of new members, reinstatement and eligibility of applicants. The First Vice Commander will chair this committee.
Section 12: Public Relations Committee: This Committee shall promote public support of Legion programs through publicity on Post programs and activities in local newspapers or on radio, TV etc. and keep the membership informed of American Legion programs in general through contact with the American Legion News Service and other news sources.
Section 13: Veterans Affairs and Rehabilitation Committee: This Committee shall supervise all matters pertaining to service comrades in the prosecution of all just claims against the United States or State Government, employment, relief, etc.
Section 14: National Security Committee: This Committee shall work with and coordinate Legion efforts with the local Civil Defense Council on matters pertaining to National, Civilian and Home defense. 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 the supervision over the operations of the Post’s Squadron of the Sons of the American Legion.
Section 16: Visiting or VAVS Committee: This Committee shall give comfort and assistance to members and their families when sick or bereaved, and to visit hospitalized veterans.
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 or action other than mere passage by the Post is taken.
ARTICLE VIII: MEETINGS
Section 1: The regular General Membership Meeting of this Post shall be held at the Post Home at 1000 hours on the second (2nd) Saturday of each month at which time such business may be transacted as may be properly brought up for action.
Section 2: The Post Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post at any time. Notice of such meetings shall be by telephone call or email and posting on the Post websites and social media within 24 hours advance of any special meetings and such notice shall be considered lawful notice of such meeting.
Section 3: Upon the written request of three (3) members, the Executive Committee shall call a special meeting of the Post membership.
Section 4: Three (3) members in good standing, plus two (2) members of the Executive Committee shall constitute a quorum.
ARTICLE IX: DUES
Section 1: Annual dues shall be $40.00, or such sum as may from time to time be fixed by the Executive Committee and approved by the membership at a regular membership meeting.
Section 2: The annual dues shall become payable starting July 1 for the next calendar year. Members not paid by January 1 of the new calendar year become delinquent members. On February 1 of the new calendar year the member is suspended and maintains no privileges except that of reinstatement by vote of the Post and payment of dues.
ARTICLE X: NOTICES
Section 1: Every member shall furnish the Post Adjutant with his/her mailing and email address.
Section 2: The Post Adjutant shall cause notice of the annual election to be given at the close of nominations and again two weeks prior to the election. Notice shall be made at the General Membership Meetings and via a medium most expedient with due regard to time available and content of the notice.
ARTICLE XI: 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.
Section 2: The governing documents for conducting the business of the Post shall be the Post Constitution and By-Laws, the Department Constitution and By-Laws and the National Constitution and By-Laws. Post meetings shall be conducted in accordance with the American Legion Post Officers Guide and the Manual of Ceremonies.
ARTICLE XII: LIMITATIONS AND LIABILITIES
Section 1: This Post and its Auxiliary Unit, Sons of the American Legion, American Legion Riders, and Amateur Radio Club, or any subsidiary thereof, shall not incur or cause to be incurred any liability or obligation.
Section 2: No funds shall be expended, property sold, and no debts shall be incurred by this Post or any Committee thereof or Officer or member, unless the same shall have been approved by proper action of the Post Executive Committee and membership except as herein otherwise provided.
Section 3: This Post, any Committee thereof, its Auxiliary Unit, Sons of the American Legion, American Legion Riders and Amateur Radio Club, or any subsidiary thereof, shall not sponsor, promote any project which will cause the Post to definite liabilities unless and until the details of the project are first presented and approved by the Post Executive Committee.
Section 4: Hereafter, no officer or any member of any Committee of the Post shall receive remuneration directly or indirectly for any services performed on behalf of the Post, or any project or activity sponsored by the Post, unless it is stipulated that a definite salary be paid subject to approval by the Executive Committee and membership.
ARTICLE XIII: AMENDMENTS
Section 1: These By-Laws may be amended at any regular Post meeting by a vote of two thirds (2/3) 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 preceding regular meeting of the said Post and provided further that the written notice shall have been given to all members at least seven days in advance of the date that such amendment is to be voted upon.
ARTICLE XIV: POSTING OF BY-LAWS
Section 1: These By-Laws, together with all amendments thereto, shall be properly 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 Post membership. The Adjutant shall keep on hand in his/her 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 By-Laws shall also be furnished to each new member of the Post at the time that their membership card is issued. A copy of said By-Laws shall also be furnished to any member of this Post in good standing upon request of said member.
ARTICLE XV: ADOPTION
Section 1: By adoption of these rearranged by-Laws; it is declared that all previous arrangements of the By-Laws of this Post are hereby declared null and void. These By-Laws as amended and rearranged shall become effective and operative immediately upon their approval and adoption by the Post membership.