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Thursday, February 14, 2019

Constitutional Essay

The American Legion of Montana

Constitutional Essay due to Education Chairman

Friday, March 15, 2019

Posted by Corvallis Post #91 at 9:42 AM

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Corvallis Post #91 Post Constitution

Corvallis Post #91

The American Legion

Department of Montana, Inc.

Post Constitution

Revised 19 October 2016

CORVALLIS POST #91 THE AMERICAN LEGION, DEPARTMENT OF MONTANA, INC.

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 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 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 this organization shall be Corvallis Post #91, The American Legion, Department of Montana, Inc.

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 departmental constitutions 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. This organization shall be absolutely non-political and shall not be used for dissemination of partisan principles or 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 of this 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 at the next Post meeting following the making of such application, and shall at such meeting, be accepted, rejected or referred for further investigation and consideration. If five or more members cast their vote against the acceptance of said application, then such application shall be recorded as rejected. A rejected application shall not again be considered until after the expiration of six months from the date of such rejection.

Section 4. Any member of this Post may be expelled for cause by two-thirds vote of the Executive Committee after charges are preferred under oath in writing, and a fair trial had upon the same.

Section 5. A member who has been expelled or suspended from the 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, he may then appeal to the state 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 administrative affairs of this post of THE AMERICAN LEGION shall, except as may be otherwise provided by the By-Laws, be under the supervision of an Executive Committee which shall consist of three members in addition to the officers 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 commander, a vice commander, an adjutant, a finance officer, a Post historian, a Post chaplain, Post service officer and a sergeant-at-arms and such other officers as may be deemed necessary by this organization, who shall be nominated from the floor at the meeting preceding the annual election.

Section 3. All officers and executive committeemen shall be elected annually and they shall hold office until their successors are duly installed or as otherwise provided. Any officer or executive committeeman may be removed for inefficiency by the Executive Committee, a two thirds vote of said committee being necessary to effect such removal.

Section 4. Every member of this Post in good standing shall be eligible to hold office in this post.

Section 5. The duties of the officers and the executive committeemen shall be those usually appertaining to such officers or committeemen and as further provided in 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 Post 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 this post.

Section 3. The Post shall pay to departmental headquarters the national and departmental annual membership dues for every member of the Post.

ARTICLE VII

CHARTER MEMBERS

Section 1. Members who joined this Post prior to November 29, 1937 shall be known as charter members.

ARTICLE VIII

AMERICAN LEGION AUXILIARY

Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Corvallis Post #91, The American Legion, Department of Montana, Inc.

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 Montana, 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 that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post, and providing, 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 X

SONS of the AMERICAN LEGION

Section 1. This Post recognizes a Sons of the American Legion organization to be known as the Terry Nobles Squadron of Corvallis Post #91, The American Legion, Department of Montana, Inc.

ARTICLE XI

AMERICAN LEGION RIDERS

Section 1. This Post recognizes an American Legion Riders organization to be known as the American Legion Riders of Corvallis Post #91, The American Legion, Department of Montana, Inc.

ARTICLE XII

AMERICAN LEGION AMATEUR RADIO CLUB

Section 1. This Post recognizes an American Legion Amateur Radio Club organization to be known as the KG7SPL of Corvallis Post #91, The American Legion, Department of Montana, Inc.

Corvallis Post #91 By-Laws

Corvallis Post #91

The American Legion

Department of Montana, Inc.

Post By-Laws

Revised 19 October 2016

CORVALLIS POST #91 THE AMERICAN LEGION, DEPARTMENT OF MONTANA, INC.

ARTICLE I

Sec. 1. The Post existing under these By-Laws is to be known as CORVALLIS POST #91, THE AMERICAN LEGION, DEPARTMENT OF MONTANA, INC.

Sec. 2. The objects of this Post are as set forth in the Constitution.

ARTICLE II – MANAGEMENT

Sec. 1. The government and management of the Post are entrusted to an Executive Committee of thirteen members, to be known as the “EXECUTIVE COMMITTEE.”

Sec. 2. The Executive Committee shall consist of the three members (3 Executive Committee members) in addition to the 9 officers of the Post (Post Commander, 1^st Vice Commander, 2^nd Vice Commander, Post Adjutant, Post Finance Officer, Post Historian, Post Chaplain, Sergeant-At-Arms, and Post Service Officer) that shall be elected annually on the third Thursday of April and take office at the July meeting following the election. The Junior Past Commander is the only non elected Executive Committee member. All elections of officers and executive committeemen 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.

Sec. 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 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 COMMITTEE

Sec. 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 the installation of the new officers. Thereafter the Post Executive Committee shall meet at the call of the commander at least every third month and as often as said commander may deem necessary. The commander shall call a meeting of the Post Executive Committee upon the joint written request of three or more members of said Post Executive Committee; three (3) members of the committee shall constitute a quorum thereof.

Sec. 2. The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from 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

Sec. 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 officer 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 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.

Sec. 2. DUTIES OF 1^st VICE COMMANDER. The 1^st 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.

Sec. 3 DUTIES OF 2^ND VICE COMMANDER. The 2^nd Vice Commander provides the programs for the meetings and attracts attendance. The social calendar must always be filled several months in advance with activities that will bring out the active members, as well as those who are just card-carrying Legionnaires.

One of the first duties should be to contact other veteran and civic groups so that each patriotic holiday and observance receives the attention it deserves. He/She will be concerned with the pageantry so closely associated with the Legion.

The Second Vice Commander promotes the color guard or firing squad.

In the pursuit of "Justice," the Second Vice Commander will be concerned with the welfare of all fellow veterans, and will be interested in the work of the veterans affairs and rehabilitation committee. The Second Vice will need to know if the economic committee is functioning.

Sec 4. DUTIES OF POST ADJUTANT. The adjutant shall 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 direction of the commander handle all correspondence of the Post.

Sec. 5. 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 the condition of the finances of the Post, with such recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the Post. The Finance 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.

Sec.6 DUTIES OF 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 Post or the Executive Committee.

Sec. 7. DUTIES OF POST CHAPLAIN. The Post chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian service in the event of dedications, funerals, public functions, etc., adhere to such ceremonial rituals as are recommended by the national or Department headquarters from time to time.

Sec. 8 DUTIES OF 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 by the Post Executive Committee.

Sec. 9 – DUTIES OF SERVICE OFFICER. The Post Service Officer is responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted them by law.

The Service Officer must know how to utilize the expert services available through Legion channels, as well as those of other agencies in his community. It takes a dedicated person to get the information to the full-time professionals to make certain that every veteran and dependents are adequately represented. These and many other duties are routine to a good Service Officer, but there is more, such as serving as chair of the veterans affairs and rehabilitation or service committee and working closely with the children and youth committee, Post employment officer, and the hospital visitation committee. The Auxiliary Unit frequently needs help. The Service Officer's report should be a standard part of every meeting. Working in cooperation with the Post legislative committee, the Post Service Officer can aid in coordinating the support of the Post with the national effort.

Sec. 10 – DUTIES OF JUNIOR PAST COMMANDER. Junior Past Commander is the chairman of the Past Commanders' Advisory Committee. Its primary purpose is social (meeting at a minimum of four times a year) and the retention of good fellowship among those who have served as Commanders. This Committee is a wealth of knowledge, know-how for the post commander. The junior past commander is also on the post's executive committee

ARTICLE V – DELEGATES

Sec. 1. Delegates and alternates to a Department convention shall be elected by ballot by the Post at a regular meeting of the Post to be held at least twenty (20) days prior to the date of such convention.

ARTICLE VI – APPOINTMENTS

Sec. 1. The Post commander, immediately upon taking office each year, shall appoint the following standing committees: Americanism, 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. Such standing committees shall consist of such members, and the chairman thereof, as

shall be designated by the Post commander.

Sec. 2. Americanism Committee. The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions; encouragement of 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.

Sec. 3. Ceremonials Committee. The principal duty of the Ceremonials Committee is to insure all new members are properly initiated. The committee also concerns itself with proper presentation of other rituals outlined in the Manual of Ceremonies – burial detail and the wearing of Legion regalia.

Sec. 4. Children and Youth 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 war veteran shall be in need to the necessities of life” and “a square deal for every child.”

Sec. 5. Economic Committee. The Post Economic Committee is primarily concerned with local employment programs, Veterans Preference, government employment and re-employment rights.

Sec. 6. Finance Committee. The Finance Committee shall be charged with the administration of the accounting of all Post Funds.

Sec 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 have become as essential as any aspect of treaty law.

Sec. 8. Graves Registration and Memorial Committee. The duties of this committee involve recording of grave sites and complete information on veteran’s burial in cemeteries assigned to the Post. Special assistance can be given the service officer in providing flags, headstones of proper interment in national cemeteries.

Sec. 9. House and Entertainment Committee. The House and Entertainment quarters promotion of club advantages and arrangement for social activities.

Sec. 10. Legislative Committee. The Legislative Committee needs to have knowledge of what is going on in Congress – when we favor or oppose, and should be ready to initiate action in support of our position when requested by national or Department organization.

Sec. 11. 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.

Sec. 12. Public Relations Committee. The Public Relations Committee shall be charged with the promotion of public support of the Legion’s program by the establishment of proper contact with The American Legion Magazine, Department and national Legion news service and by local publicity of Post programs and activities.

Sec. 13. Veterans Affairs and Rehabilitation Committee. The Veterans Affairs and Rehabilitation committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or state government, employment, relief, etc.

Sec. 14. National Security Committee. The National Security Committee shall work with and coordinate Legion efforts with the Local Civil Defense Council on matters pertaining to national, civilian and home defenses. It shall assist the armed forces of the United State 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.

Sec. 15. American Legion Family Liaison Committee. This committee is a line of communication between to the Post’s American Legion Family units which include the American Legion Auxiliary, Sons of the American Legion, American Legion Riders, and American Legion Amateur Radio Club.

Sec. 16. Visiting or VAVS Committee. This committee is charged with the visiting and comforting members and their families when sick or bereaved, and with visiting ex-service personnel in hospitals.

ARTICLE VII – RESOLUTIONS

Sec. 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

Sec. 1 The regular meeting of the Post shall be held at a previously designated location on the third Wednesday of the month, at which may be transacted 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.

Sec. 2. The Post commander or a majority of the Executive Committee shall have power to call a special meeting of the Post at any time.

Sec. 3. Upon the written request of six (6) members, the Executive Committee shall call a special meeting of the Post.

Sec. 4. Six (6) members shall constitute a quorum

ARTICLE IX – NOTICES

Sec. 1. Every member shall furnish the Post adjutant with his or her address for mailing purposes.

Sec 2. The Post adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.

ARTICLE X – RULES OF ORDER

Sec. 1. All proceedings of this Post shall be conducted under and pursuant to Roberts’ Rules of Order, except as herein otherwise provided.

ARTICLE XI – LIMITATIONS OF LIABILITIES

Sec. 1. These By-Laws may be amended at any regular Post meeting by a vote of two-thirds 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 next preceding regular meeting of said 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 By-Laws is to be voted upon.

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Thursday, February 14, 2019

Constitutional Essay