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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 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, 1st Vice Commander, 2nd 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 1st VICE COMMANDER. The 1st
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 2ND VICE COMMANDER. The 2nd
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 veteran’s 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.
Sunday, May 24, 2020
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