POST CONSTITUTION AND BYLAWS
For God and Country, we associate ourselves together for t he 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 Wars; to inculcate a sense of individual obligation to the community, state and nation: to combat the autocracy of both the classes and 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 the Alton Green Memorial Post 194, The American Legion, Incorporated, Department of Florida. It shall be known as Alton Green Memorial Post 194, a non-profit, non-stock corporation incorporated under the Laws of the State of Florida with its principle place of business located at 1029 West Pearl Street, St. Augustine, Florida, 32084.
Section 2. The original charter for corporation was approved on 20 June 1968 in the Twelfth Judicial Circuit of Florida, in and for the County of St. Johns, Florida.
Section 3. In accordance with Florida Statue 617, registration of the Corporation was made with the Florida Secretary of State.
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 Department of Florida 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 nonpolitical and shall not be used for the dissemination of partisan principles 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/her military or naval title in any meeting in the Post.
Article IV – Membership
Section 1. Eligibility for membership in this Post shall be as prescribed by the National Constitution of The American Legion. 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 2. All applications for membership shall be acted upon at the next Post meeting following the making of such application, and shall at suck meeting, be accepted, rejected or referred for further investigation and consideration by majority vote of members present at the meeting.
Section 3. Any member of this Post may be expelled for cause under the provisions of Article X of the By Laws of The American Legion, Department of Florida. A member who has been expelled or suspended from this Post for any cause may be reinstated to membership after a hearing at a Post meeting and an affirmative vote of two-thirds (2/3) of members attending a Post meeting and a payment of all current dues for that year.
Section 4. The annual dues of each member shall be paid by November 11th of each calendar year.
Section 5. The total amount of local and state representative fees to include monthly dues shall be due by the date indicated in Section 4 of this article.
Section 6. The absence of a member from financial functions sponsored by the Post shall not exempt said member from dues assessment.
Section 7. Honorary Life Memberships, when given to a Post member, shall be first considered by the Life Membership Committee. The Committee shall be comprised of all Life Membership holders. The recommendations will be brought before the general membership for approval or denial. No honorary Life Membership can be recalled unless the holder has been disciplined with expulsion, under the provisions of the Post Constitution.
Section 8. Membership cards of all Legion Posts, foreign and domestic, as well as all of their auxiliaries or appending bodies, shall be honored in the Post Lounge. Said persons must present upon request, a current paid dues card. This privilege may be revoked at any time for the same reasons that would cause revocation of lounge privileges for the members of this Post.
Article V – Officers
Section 1. The general government and management of this Post of The American Legion shall be entrusted to the Executive Committee, which shall consist of the Post Commander, 1st Vice Commander, 2nd Vice Commander and five members at large. The Executive Committee will be elected at the annual election and shall take office following induction. All elections of officers and Executive Committee members shall be by ballot. Candidates receiving the highest number of votes shall be inducted into the office for which they were elected.
Section 2. Management of the assets of the corporation shall be vested in a corporate Board of Directors which, shall consist of the President of the Corporation (Post Commander), the Vice President of the Corporation (1st Vice Commander), a committee member (2nd Vice Commander) and the Secretary (Adjutant) and five Directors (Executive Committee Members).
Section 3. All vacancies existing in the Executive Committee, 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 committee, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer they succeeded. A vacancy shall be deemed to exist when a member or officer is absent from the Post without authorization or approval of the “Post Commander/Executive Committee for 2 consecutive meetings as a resignation by default.”
Section 4. The Corporation Officers shall be the President, Vice President, Treasurer and Secretary.
A. Elected Officers of the Post shall serve as ex officio positions to the Corporation as
stated in Section 2.
B. All Officers of the Post shall serve until their successors are duly sworn and installed
as officers of the Post.
C. Duties and responsibilities of the Corporation Officers shall be the day-to-day
operation of the lounge and other properties of the Corporation. They shall have the
authority to contract with and to employ and terminate such persons as they deem
necessary to benefit the Post.
D. No person who is related by birth, marriage, or by familial relationship to any
member of the Board of Directors shall be gainfully employed by the Post in any
E. The Officers of the Post shall be duly recognized representatives of the Corporation to such agencies of the State of Florida requiring such representation.
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 Committee.
Section 2. The amount of such annual Post dues shall be fixed and determined by the Executive Committee.
Section 3. The post shall pay to The Department of Florida National and Department annual membership collected dues for every member of the Post.
Article VII – Amendments
Section 1. This Constitution is adopted subject to the provisions of the National Constitution of The American Legion and of the Constitution of The Department of Florida of The American Legion. Any amendment to said National Constitution or Department Constitution, which 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. The 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 thirty (30) days in advance of the date of the Post meeting when such amendment is to be voted upon, notifying said members that at that meeting a proposal to amend the Constitution is to be voted upon.
Article 1 – Management
Section 1. The government and management of t he Post are entrusted to an Executive Committee.
Section 2. 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 days after the installation of the new officers. Thereafter, the Post Executive Committee shall meet at the call of the Post Commander at least once a month or as often as the Commander may deem necessary. In addition, the Commander shall call a Post Executive Committee meeting upon the joint written request if three or more members of t he Committee. A majority of its membership shall constitute a quorum thereof.
Section 3. The Post Executive Committee shall hire such employees as deemed necessary by them for the operation of the Post. They shall authorize and approve all expenditures and shall require adequate bond for all persons having custody of Post funds. The executive Committee in general will have charge of and be responsible for the management of the affairs of the Post.
Article 2 – Board of Directors
Section 1. The management of the assets of the Corporation is entrusted to the Board of Directors, which shall consist of the Corporation Officers and the five Committee Members of the Post.
Section 2. The president of the Corporation shall act as the Chairman of the Board of Directors for all meetings of the Board.
Section 3. The Secretary of the Corporation shall act as the Secretary of the Board of Directors for all meetings of the Board.
Section 4. The Corporation of t he Board of Directors shall establish policies for and provide guidance to the officers of the Corporation to insure that the assets of t he Corporation are used to enhance the Post and forward the objectives of the Corporation.
Section 5. The term of the Corporation Officers shall be three years and the term of the Executive Committee Members shall be two years. At t he end of the two year term an election will be held by the members to elect five new Board of Directors.
Section 6. At the end of each fiscal year, all assets will be turned over to the Board of Directors for investment. A majority vote will determine distribution.
Article 3 – Duties of Officers
Section 1. Post Commander. It shall be t he duty of the Post Commander to preside at all meetings of the Post and to have general supervision over the business affairs of the Post. The Commander shall make annual reports covering the business of the Post for the year and recommendations for the ensuing year, which shall be read at the annual meeting. The Commander shall perform such other duties as directed by the Post.
Section 2. First Vice-Commander. The First Vice-Commander shall assume the duties of the office of Commander in the absence or disability of, or when called upon by the Post Commander. It shall be the additional duty of the First Vice-Commander to chair the Membership Committee. The first Vice-Commander shall perform other duties as assigned buy the Commander.
Section 3. Second Vice-Commander. The Second Vie-Commander shall chair the Entertainment Committee and other duties assigned by the Post Commander.
Section 4. The Third Vice-Commander. The Third Vice-Commander shall act as a liaison with the Post Auxiliary and shall chair the Americanism Committee. In addition, the Third Vice-Commander shall assume the duties of the Second Vice-Commander in the event of absence or disability, assist the Second Vice- Commander in planning Post functions and entertainment, and other duties assigned by the Commander.
Section 5. Post Adjutant. The Post Adjutant shall be in charge of and keep full and accurate record of all proceedings of all meetings, keep such records as the Department and National organizations may require, render reports of membership annually. When called upon at meetings the Post Adjutant and under the direction of the Commander shall handle all correspondence of the Post.
Section 6. Finance. The Finance Officer of the Post shall be in charge of all finances and see that they are safely deposited. The Finance Officer shall report monthly to the Executive Committee the status of the finances of t he Post with recommendations as he/she may deem expedient or necessary for raising funds with which to carry on Post activities. The Finance Officer shall sign all checks dispersing funds from the Post. The Finance Officer shall furnish such surety bonds in such sum as shall be fixed by the Post Executive Committee and the premium for the surety bond in such sum as shall be fixed by the Post Executive Committee and the premium for the surety bond shall be paid by the Post.
A. All checks rendered for payment must bear two signatures, that of the Finance
Officer, and either a Executive Committee Member or the Finance Committee Member
appointed by the Commander.
B. In the event the Finance Officer is unavailable, the check may be signed by both the elected Executive Committee Member and the appointed Finance Committee Member.
Section 7. Post Historian. The Post Historian shall be charged with the individual records and incidents of the Post and its members. Additionally, the Post Historian shall perform related duties determined by the Commander or the Executive Committee.
Section 8. Post Chaplain. The Post Chaplain shall be charged with the spiritual welfare of the Post and its members by offering divine but non-sectarian services in the event of dedications, funerals and other public or private functions involving the Post Members. The Post Chaplain shall adhere to such ceremonial ritual as recommended by the National and Department Headquarters whenever necessary. The Post Chaplain will also endeavor to visit and give comfort to the sick, shut in, and bereaved members and their families. In addition, the Post Chaplain shall perform additional duties concerning morale as assigned by the Executive Committee.
Section 9. Sergeant-at-Arms. The Sergeant-at-Arms shall preserve order at all meetings, be responsible for t he maintenance and safekeeping of the Post Colors, and shall have Coors properly presented at all Post functions. Additionally, the Sergeant-at-Arms shall be responsible for flag disposal and associated rituals of proper retirement of the Colors, along with any additional related duties assigned by the Executive Committee.
Section 10. Judge Advocate. The Judge Advocate shall act as parliamentarian for Post meetings, Membership Committee and the Executive Committee. When called upon by the Commander, shall render decisions based on the Post Constitution and By-Laws, and The American Legion Department of Florida Leadership, Protocol and Parliamentary Procedure Guidebook.
Section 11. Service Officer. The Service Officer shall assist all veterans, their windows and children who are in need. The Service Officer shall report to the Commander and Chaplain, as necessary, to secure the means for such assistance.
Section 12. No member shall be eligible for election to any officer position unless personal attendance is at sixty percent or greater for all Post meetings and has been active in Legion affairs during the year prior to election.
Section 13. No member shall be eligible for election to the position Post Commander without first completing 2 years in another elected position.
Article 4 – Delegates
Section 1. Delegates and alternates to a Department of Florida Convention and/or Conference shall be elected by the membership of the Post at a regular meeting, to be held at least 20 days prior to the date of such convention or conference.
Section 2. No members shall be eligible to be elected as a delegate to the Department Convention or Mid-Winter Conference unless he/she has attended at least sixty percent of all Post meetings and has been active in the Legion affairs during the pear prior to the aforesaid Department meeting.
Section 3. The Post Commander and the Commander Elect shall be automatic delegates to the Department Convention and conferences. They will be part of whatever number of delegates established by Post membership, the Post may appoint additional alternate delegates as needed. The Post Commander will head the delegation. If the Commander does not attend the Convention, the delegates shall elect a chairperson. Compensation for expenses of the Convention will be paid, as authorized by the Executive Committee, only if the delegate attends specific meetings and reports in writing, said expenses to the membership upon returning from the Convention.
Article 5 – Appointments
Section 1. The Post Commander, immediately upon taking office each year, shall appoint an Adjutant, News Editor. Also members to the following committees: Americanism, Ceremonial, Finance, Membership, Children and Youth, House and Entertainment, Public Relations, Veterans Affairs and Rehabilitation, and any other committed the Commander deems necessary. Such standing committees shall consist of a chairperson and members as designated by the Commander. The Relief and Welfare of the Post shall be administered by the committee of five members appointed by the Commander after installation of the next offices. They shall serve for one year. In all cases, the Commander’s findings shall be considered final.
Section 2. Americanism Committee. The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for the proper observance of patriotic occasions, encouragement of patriotic and civic phases of instruction in schools, Americanization of aliens, combating anti-American propaganda by the education of the general public in America ideals through public forums, and activities for the community and civic betterment.
Section 3. Ceremonial Committee. The principle duty of the Ceremonial Committee is to ensure that all new members are properly installed. The Committee must also concern itself with the proper presentation of other rituals outlined in the Manual of Ceremonies – burial detail, wearing of Legion regalia, as well as Drill Teams and Color Guards. The Committee shall insure that an initiation ceremony for all new members is scheduled as least once a year.
Section 4. Finance Committee. The Finance Committee shall be charged with the administration of the financial policy of the Post, preparation of the budget, recommendations and supervision of receiving, disbursing and account of all Post funds.
Section 5. 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 6. Children and Youth. The Children and Youth Committee shall be charged with the aid and service to children of veterans, cooperating with other established agencies to the community, laboring for the betterment of child conditions and in coordinating services and agencies in the community for such purposes, to act as intermediary for the needy child(ren) of the 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 each child.”
Section 7. House and Entertainment. The House and Entertainment Committee shall have charge of all matters pertaining to the care of the Post property and Post quarters, promotion of club advantages, and arrangement of social activities.
Section 8. Public Relations. The Public Relations Committee shall be charged with the promotion of public support of the Legion’s Programs and be the establishment of proper contact with the American Legion Magazine, Department and National Legion news serviced and by local publicity of Post Programs and activities.
Section 9. Veteran’s Affairs and Rehabilitation Committee (Service Officer). The Committee shall supervise all matters pertaining to service comrades in the prosecution of all just claims against the United States or state governments, employment, relief, etc. This office is presently represented with a full time Service Officer and additional members may be appointed by the Commander to assist as necessary.
Section 10. Bart Tenders for hire will be approved by the Executive Committee and be bonded. They will also submit to a background investigation and fingerprinting.
Article 6 – 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 of Florida Headquarters for its approval before any publicity is given or action other than mere passage by the Post is taken.
Article 7 – Meetings
Section 1. The regular meetings of the Post shall be held at the club rooms at least once during each calendar month, at which may be transacted such business as made properly brought up for action. Some 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 shall have the power to call a special meeting of the Post at any time.
Section 3. Upon written request of ten members, the Commander shall call a special meeting of the Post.
Section 4. A two-thirds vote of members present at special meetings is needed to carry a vote.
Section 5. Ten members shall constitute a quorum.
Article 8 – Notices
Section 1. Every member shall furnish the Post Adjutant with an address for mailing and an email address – if you have one.
Section 2. The Post Adjutant shall cause notice of the annual election to be given to the membership at least 30 days prior to the meeting date.
Section 3. The Post election shall be nomination from the floor the day of the election.
Section 4. The Post Adjutant shall cause any other notice required by the Constitution or these By-Lass to be given. Publication of such notice in the Post newsletter shall constitute proper notice.
Section 5. Before any real or personal property which might materially affect the new worth of the Corporation can be accepted or transferred, notice of the intent of such acceptance or transfer shall be published on the Post website and newsletter of the Post and shall be posted in the Legion Home at least thirty days in advance of such acceptance or transfer.
Section 6. Before any contract for indebtedness can be executed, notice of intent of such execution shall be published in the newsletter of the Post and shall be posted in the Legion Home at least thirty days in advance of such planned execution.
Section 7. Notice to members required for confirmation of removal from office of Trustee under Article VIII of these By-Laws shall be published in t he newsletter of the Post as least thirty days prior to the meeting at which such confirmation is to be voted upon. Such notice shall contain neither the name of any individual being removed from the Office nor the reason for removal.
Article 9 – Indebtedness of the Post
Section 1. The Post shall authorize the Executive Committee to contact for and incur indebtedness for the Corporation, subject to the proper notice and approval of such contracting for or indebtedness by the membership of the Post at a regular meeting thereof.
Section 2. At least two Executive Board Members must affix their signatures on any document contracting for any incurring and indebtedness for the Post.
Article 10 – Rules of Order
Section 1. All proceedings of this Post shall be conducted under the pursuant to The American Legion Department of Florida Leadership, Protocol, and Parliamentary Procedure Guidebook.
Article 11 – Limitations of Liability
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 12 – Delinquency
Section 1. Post membership is annual, the Post year beginning on January 1st and ending on December 31st.
Section 2. Dues are payable in advance, however, if the dues are not paid by February 1st, the member is classified as delinquent. If dues are not paid by Aril 1st, the member is suspended and is considered a member with no privileges, except reinstatement.
Section 3. Reinstatement can only occur after past dues are paid and the member is voted on by the Post.
Section 4. Any member which lapses in dues non-payment for a period to December 31st, the member is dropped from the role by constitutional mandate and the membership is forfeited.
Article 13 – Post Rental
Section 1. The Post shall be rented only to non-profit organizations.
Section 2. The fees for rental shall be regulated at t he discretion of the Executive Board per occasion.
Section 3. Kitchen food sales shall be performed only by Post and Post Auxiliary Members.
Section 4. A member of the Post shall be physically present during the time of all rentals.
Article 14 – Religious Worship
Section 1. It is encouraged that members of the Post shall attend church, as a body, as scheduled the fourth Sunday of each month, with the various locations to be posted in advance.
Article 15 – General
Section 1. The Post shall incur, or cause to be incurred, no liability nor obligations whatever which shall subject to liability any other Post, subdivision, group of members of the American Legion, or other individuals, corporations or organizations.
Section 2. Active duty military personnel of the United States shall be tendered privileges of the social room of the Post.
Section 3. The Executive Committee may establish rules to insure proper conduct in the Post Lounge. Nothing contained therein may infringe upon member’s right or privilege of membership in the American Legion.
Article 16 – Amendments
Section 1. These By-Laws may be amended at any regular Post meeting by a vote of two-thirds of the members present, provided that the proposed amendment has been submitted in writing and read at the next proceeding regular meeting of the Post, and further provided that written notice is given to all members at least thirty days prior to such amendments being voted on.
Article 17 – Adoption of By-Laws
Section 1. These By-Laws shall be adopted at any regular meeting of the membership of the Post under the same procedures specified in Article 16.
This Constitution and By-Laws supersedes all previous editions of the Constitution and By-Laws of ALTON GREEN MEMORIAL POST 194.
This document was approved by the membership at a regular scheduled meeting of the Post
THE AMERICN LEGION
ALTON GREEN MEMORIAL POST 194, INC.
SAINT AUGUSTINE, FLORIDA