The American Legion, Department of New York, William C. Dexter Post 673 Constitution and By-Laws
CONSTITUTION
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 AND HEADQUARTERS
Section 1. The name of this organization shall be William C. Dexter Post No. 673. The American Legion Jefferson County, Department of New York.
Section 2. The Post Headquarters shall be located at 113 E. Dexter Street, Black River, NY 13612; all notices and documents addressed to the Post shall be sent to these Headquarters.
ARTICLE II – OBJECTS
Section 1. The objects and purposes of this Post shall be to promote the principles and policies set forth in the foregoing preamble, and the National, Department, and Jefferson County Constitution and By-laws 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. Rank does not exist in The American Legion; no member shall be addressed by his military or naval title in any meeting of the Post.
Section 2. This organization shall be absolutely non-political and non-sectarian, 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. Each member shall perform his full duty as a citizen according to his own conscience and understanding.
Section 4. The terms “He, Him, Man, Men” used from here on shall refer to both male and female gender. The term “Executive Board” shall refer to all elected officers of Post 673.
ARTICLE IV – MEMBERSHIP
Section 1. Any person shall be eligible for membership in The American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard, or Air Force of the United States and assigned to active duty at some time during any of the following periods: April 6, 1917 to November 11, 1918; December 7, 1941 to December 31, 1946; June 25, 1950 to January 31, 1955; February 28, 1961 to May 7, 1975; August 24, 1982 to July 31, 1984; December 20, 1989 to January 31, 1990; August 2, 1990 to the cessation of hostilities as determined by the Congress of The United States of America: all dates inclusive, or who being a citizen of the United States at the time of his entry therein, served on active duty in the Armed Forces of any of the governments associated with the United States during any of the said periods; provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political, or other grounds to subject himself to military discipline or unqualified service.
Section 2. An application for new membership or request to transfer into this post shall be made in writing under such regulations as may, from time to time, be prescribed by the Post Executive Board and approved by the County Committee wherein this Post is located. All applications for new membership accompanied by service discharge papers or a copy of an active duty ID card, or Data Form application request for transferring in, shall be referred to the Membership Committee, who shall report their finding to the Vice Commander. Upon approval of eligibility, the application accompanied by the dues shall be presented to the Post at a regular meeting and shall be acted upon at such meeting. A majority vote of the Post shall be necessary for acceptance.
Section 3. There shall be no form or class of membership except an active membership. Dues shall be paid annually of for life.
Section 4. No person who is a member of another Post may be a member of this Post.
Section 5. Members may be suspended or expelled from this Post of The American Legion only upon proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty, or other conduct unbecoming a member of The American Legion. All charges must be made under oath in writing by the accusers, and no member in good standing shall lose his membership until given a fair trial in such manner and form as The Department of New York, Department Executive Committee shall prescribe. This action shall govern procedure whenever charges are brought against any person at any time appearing upon the rolls of this Post as a member, upon the grounds of his ineligibility to membership in the Post.
Section 6. Any member who has been suspended or expelled has the right of appeal to the Department Executive committee in the manner prescribed by said Committee. The decision of the department shall be final.
Section 7. No person, who has been expelled by another Post shall be admitted to membership in this Post without the written consent of the expelling Post, except that where such consent has been asked for and has been denied by such Post, he may then appeal to the Department Executive Committee for permission to be admitted to membership in the Post and he shall be ineligible for membership until such permission is granted.
Section 8. A member who has been expelled or suspended from this Post for any cause other than non-payment of dues may be reinstated to membership by a two-thirds vote of the Executive Board and a majority vote of the Post Membership present at a regular membership meeting; provided, however, that he shall make payment of any arrears in his dues and/or damages incurred from the time of the expulsion or suspension, and also other regular dues or damages incurred which have been payable in the interval between their expulsion or suspension and their reinstatement.
Section 9. Any member in good standing desiring to transfer from this Post to another Post is entitled to a certificate from this Post stating his membership, the duration thereof, and the date to which his dues are paid.
ARTICLE V – OFFICERS
Section 1. The Administration of the Post’s affairs, between meetings of the Post, and except as may be otherwise provided in the By-laws of the Post, shall be under the supervision of an Executive Board which shall consist of all elected officers of the Post.
Section 2. The elective officers of this Post shall be a Commander, three Vice Commanders, Finance Officer, three Trustee’s, three Executive Committee members, Post Chaplain, Post Service Officer, Post Historian, Post Adjutant, and Sergeant-at-Arms.
Section 3. All elective officers shall be elected at the April Post meeting and installed the first Saturday in May annually and they shall hold office until their successors are duly installed or as otherwise provided.
Section 4. Every member of this Post, in good standing, shall be eligible to hold office in this Post except as otherwise provided herein.
Section 5. The duties of officers shall be those usually appertaining to such officers or Committeemen and as further provided in the By-laws.
ARTICLE VI – FINANCES AND DUES
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.
Section 2. The minimum annual dues of individual members of the Post shall be FIFTEEN DOLLARS ($ 15.00) and, in addition thereto, any amount charged as dues by any intermediate body between the Post and Department of New York per member; the amount of the Annual Post dues shall be as set forth in the Post By-laws.
Section 3. The Post shall expeditiously collect the annual dues for its members and shall pay to The American Legion, Department of New York such amount due to the National, Department, District, and County Organizations.
Section 4. All moneys received in any manner for welfare purposes of any nature by the Post shall be deposited in a duly authorized banking institution and none of such moneys shall be withdrawn except for welfare purposes and, upon draft signed by the Finance Officer of the Post and at least one other member duly assigned signature representative for that purpose.
ARTICLE VII – AUXILIARY
Section 1. The Post recognizes an Auxiliary Organization known as the Auxiliary Unit of William C. Dexter Post No. 673 The American Legion and a Junior Auxiliary Unit.
Section 2. Membership in the said Auxiliary Organization shall be governed by such rules and regulations as may be prescribed by the National Executive Committee of The American Legion and thereafter approved by this Department of The American Legion.
ARTICLE VIII – SONS OF THE AMERICAN LEGION
Section 1. This Post recognizes a Sons of The American Legion Organization known as the SONS OF THE AMERICAN LEGION SQUADRON OF WILLIAM C. DEXTER Post No. 673 THE AMERICAN LEGION, DEPARTMENT OF NEW YORK.
Section 2. Membership in the Sons of The American Legion shall be governed by such rules and regulations as may be prescribed by the National Executive Committee of The American Legion and thereafter approved by The Department of New York Executive Committee.
ARTICLE IX – LEGION RIDERS
Section 1. This Post recognizes a Legion Riders Organization known as the AMERICAN LEGION RIDERS CHAPTER OF WILLIAM C. DEXTER Post No. 673 THE AMERICAN LEGION, DEPARTMENT OF NEW YORK.
Section 2. Membership in the American Legion Riders shall be governed by such rules and regulations as may be prescribed by the National Executive Committee of The American Legion and thereafter approved by The Department of New York Executive Committee.
ARTICLE X – AMENDMENTS
Section 1. This Constitution is adopted subject to the provisions of the National, Department, and Jefferson County Constitution and By-laws, The American Legion. Any amendments to said National, Department, or County Constitution and By-laws which 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 a vote of two-thirds of the members attending such regular meeting, provided that the proposed amendment shall have been submitted in writing and read at a preceding regular meeting of the Post, and provided further that written notice, including a copy of the proposed amendment shall be posted on the bulletin board of the Post at least 10 calendar days before the scheduled meeting.
BY-LAWS
ARTICLE I – NAME AND OBJECTS
Section 1. The Post existing under these By-laws is to be known as William C. Dexter Post No. 673, The American Legion, Department of New York Jefferson County.
Section 2. The objects of this Post are as set forth in the Constitution.
ARTICLE II – ADMINISTRATION
Section 1. The administration of the Post’s affairs, between meetings of the Post, and except as may be otherwise provided in these By-laws, shall be under the supervision of the Executive Board.
Section 2. The elective officers of this Post shall be elected in the month of April, annually. All elections of officers 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, and they shall hold office until their successors are duly installed or as otherwise provided. Any elective officer may be removed for inefficiency by the Executive Board after due notice and hearing, as provided by a two-thirds vote of said Post Executive Board being necessary to affect such removal.
Section 3. All vacancies existing in any office of the Post from any cause other than the expiration of term of office shall be filled by a majority vote of the remaining members of the Executive Board, and a person so chosen shall hold office for the unexpired term of the member of the committee or officer when he succeeds. A vacancy shall exist when a member or officer is absent from his Post for three consecutive meetings if considered by the Executive Board to be detrimental to the best interests of the Post.
ARTICLE III – POST EXECUTIVE BOARD
Section 1. The Post Executive Board 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 Board shall meet at the call of the Commander at least once a month on the third Monday of each month at 6:30 P.M., unless this day is a Federal holiday, then the Board shall meet the following day at the same time and as often as said Commander may deem necessary. The Commander shall call a meeting of the Post Executive Board upon the joint written request of three or more members of said Post Executive Board; seven members of the Board shall constitute a quorum thereof.
Section 2. The Post Executive Board, shall hire and terminate such employees, excluding bartenders, as may be necessary with the recommendation of the House Committee; shall suspend or expel any members of this Post’s Family or any non-member of Post 673 in accordance with the Post’s policies and procedures; shall not authorize or approve any expenditures over five hundred dollars ($500.00); shall hear the reports of Post Committee Chairmen, and generally, shall have charge of, and be responsible for, the management of the affairs of this Post between meetings of the Post and subject to the approval of the Post; shall require that all Post Officers and members handling American Legion money be properly bonded with od and solvent bonding and surety company, as surety to cover double the average amount of money handled in a single year; bonds to be approved by the Executive Board; shall cause an annual review of all financial accounts to be conducted by a Certified Public Accountant, that has not been used by the Post during that year in any other capacity other than conducting an annual review and is not a member of the Post; shall have the power and right upon a majority vote of the Executive Board members to invest Post funds in U.S. Government Bonds, Certificates of Deposit, or any other investments permitted under the laws of the State of New York.
ARTICLE IV – POST HOUSE COMMITTEE
Section 1. The Post House 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 House Committee shall meet at the call of the Commander at least once a month on the third Monday of each month at 5:30 P.M., unless this day is a Federal holiday, then the Committee shall meet the following day at the same time and as often as said Commander may deem necessary. The Commander shall call a meeting of the Post House Committee upon the written request of the House Committee Chairman. The House Committee shall hire and terminate such bartender employees, as may be necessary with the recommendation of the Steward. The House Committee shall not authorize or approve any expenditures over five hundred dollars ($500.00) unless it is an emergency pertaining to the unexpected maintenance or a major repair to the equipment, building, or property of the post that may result in damage to said items or result in an unsafe environment for the members, employees, and guests of the Post.
Section 2. The Post House Committee shall consist of the Post Commander, Finance Officer, and the three Trustees. Each Trustee shall serve for a period of three years from the date of their installation. The senior Trustee shall serve as the Chairman of the Committee.
ARTICLE V – 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 days after the installation of the new officers. Thereafter the Post Executive Board shall meet at the call of the Commander or as deemed necessary by the Executive Committee Chairman. The Post Executive Committee shall investigate any issues referred to it from the House Committee and make a recommendation of resolution to the Post Executive Board at a Post Executive Board meeting, and any other duties as outlined herein.
Section 2. The Post Executive Committee shall consist of three elected members of the Post. Each member shall serve for a period of three years from the date of their installation. The senior member shall serve as the Chairman of the Committee.
ARTICLE VI – DUTIES OF OFFICERS
Section 1. Duties of Post Commander: It shall be the duty of the 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. He shall approve all orders directing the disbursements of funds and shall make an annual report covering the business of the Post for the year, and recommendations for the coming year, which shall be read at the annual meeting and a copy thereof immediately forwarded to the County Adjutant. He shall perform such other duties as directed by the Post.
Section 2. Duties of Post Vice Commanders: The Vice Commanders shall, in the order of their seniority, assume and discharge the duties of the office of Commander in the absence or disability of, or when called upon by the Post Commander.
Section 3. Duties of Post Adjutant: The Adjutant shall have charge of, and keep a full and correct record of, all proceedings of all of all meetings, keep such records that the Department and National Organizations may require, render reports of the membership committee annually or when called upon at a meeting; and, under direction of the Commander, handle all correspondence of the Post.
Section 4. Duties of the Post Finance Officer: The Finance Officer of the Post shall have charge of all finances and see that they are safely deposited in a local bank or banks and shall report, once a month, to the Executive Board and the Post membership 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. He shall sign all checks disbursing the monies of the Post. He shall furnish such surety bond in such sum as shall be fixed by the Post Executive Board.
Section 5. Duties of Post Historian: The Historian shall be charged with the recording and photographing of any incidents and activities of the Post and Post members that may require media or public attention, and shall perform such other duties as may properly pertain to the office as may be determined by the Post or the Executive Committee.
Section 6. Duties of Post Chaplain: The Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine, but non-sectarian 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.
Section 7. Duties of Post 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 Board.
Section 8. Duties of Post Service Officer: The Service Officer shall be the initial contact between The American Legion and any veteran to provide basic information and assistance, including referrals to the Department of New York Service Officer. He shall ensure that any paperwork submitted by a veteran is forwarded to the Department Service Officer or to any National Veterans Affairs and Rehabilitation points of contact, in a timely manner.
Section 9. Duties of Trustees: The Trustees shall have charge of all matters pertaining to the business of the Post clubroom, care of the Post quarters, promotion of club advantages and arrangements for social activities in accordance with the approved policies and procedures of the Post.
ARTICLE VII – FINANCES AND DUES
Section 1. The amount of annual Post dues shall be forty dollars ($40.00), payable in advance on the 20th day of August of each year. Dues breakdown is as follows: National – $13.50, Department of New York – $16.00, District – $2.00, and Post – $8.50.
Section 2. A member whose dues for the current year have not been paid by January first shall be classed as delinquent. If his dues are paid on or before February first, he shall be automatically reinstated. If he is still delinquent after February first, he shall be suspended from all privileges. If he is still under such suspension on June thirtieth of such year, his membership in THE AMERICAN LEGION shall be forfeited. A member so suspended or whose membership has been so forfeited may be reinstated to active membership in good standing by a majority vote of the Post membership at a regular monthly meeting and payment of current dues for the year in which the reinstatement occurs; provided, however, that the Post, Department, and National organizations may waive the provisions thereof, upon payment of dues for the year in which the reinstatement occurs, with reference to former members who have been prevented from the payment of dues by reason of active military service.
Section 3. All Post monies shall be deposited in a duly authorized banking institution as designed by the Post Executive Board, and none of such monies shall be withdrawn except upon draft or check signed by the Post Finance Officer and one other person designated by the Post Executive Board.
Section 4. The general expenses of the Post shall be paid by checks drawn against the general fund signed by the Post Finance Officer and countersigned by one other person designated by the Post Executive Board.
Section 5. A standard, Life or Paid Up For Life membership card shall be issued to each member approved by the Post. Such membership cards shall indicate the consecutive years of service in the Post. The name and address of each member and the date of issuance shall be entered into the records of the Post. If any membership card shall become lost, mutilated or destroyed, a new membership card shall be issued therefore on such terms and conditions as the Post Executive Board may determine.
Section 6. When a new or transfer member has been approved by a majority vote of the Post membership and has paid any initiation fee and dues that may be required, a membership card shall be issued in their name and delivered to them by the Post Adjutant or the Post Service Officer. When a new applicant or member transfer application has been filed at least two weeks prior to the next regularly scheduled meeting of the Post, the 1st Vice Commander can authorize the Membership Committee to issue the applicant’s membership card.
ARTICLE VIII – DELEGATES
Section 1. The Post shall elect annually such delegates and alternates to represent the Post at all County meetings or County Annual conventions as may be required, pursuant to such proportional representation covering such delegates or alternates as may be provided for by the Constitution and By-laws of the department and Jefferson County Organizations.
ARTICLE IX – APPOINTMENTS
Section 1. The Post Commander, immediately upon taking office each year, shall appoint the following standing committees: Membership, Publicity, Americanism, and Athletic. Such standing committees shall consist of such members, and the chairman thereof, as shall be designated by the Post Commander.
Section 2. Membership Committee shall have charge of all matters pertaining to the membership of the Post, including procuring of new members, reinstatement, and eligibility of members.
Section 3. Publicity Committee – The Publicity 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 services, and by local publicity of Post programs and activities.
Section 4. 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.
Section 5. Athletic Committee – The Athletic Committee shall be charged with the promotion of physical development and clean sports by the organization of Post athletic teams, recreation, etc., and by cooperation and support in the general recreational and athletic program of the community.
ARTICLE X – RESOLUTIONS
Section 1. All matters of State, National, or International scope that appeal to Legionnaires and the Post may be treated, discussed, and acted upon provided, however, that such action shall be submitted for approval through the prescribed American Legion channels to the body having jurisdiction thereof.
ARTICLE XI – MEETINGS
Section 1. The regular meetings of the Post shall be held at the Post Headquarters or a place to be decided upon by the Post, on the first Monday of each month at 6:30 P.M. 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 Post commander.
Section 2. The Post Commander or a majority of the Executive Board shall have power to call a special meeting of the Post at any time.
Section 3. Upon the written request of four Post members, the Commander or the Executive Board shall call a special meeting of the Post.
Section 4. Special Meetings are only called for pre-identified topic(s), that the meeting will only allow to be addressed.
Section 5. Seven members shall constitute a quorum.
Section 6. An annual meeting of the Post shall be held at which the annual reports of the officers shall be submitted and such other business transacted as shall be found desirable. The date of such meeting shall be determined by the Post or the Executive Board.
ARTICLE XII – NOTICES
Section 1. Each member shall furnish the Post Adjutant with an address for mailing purposes and inform the Adjutant of any change in such address.
Section 2. The Adjutant shall cause to be posted on the Post bulletin board, notice of meetings and each special meeting of the Post at least seven days prior to such meeting, except as otherwise provided in the Constitution and By-laws, and all notices as required by the Constitution and By-laws.
Section 3. Notices of meetings at which nominations or elections of officers are to be held shall specify that such nominations or elections are to be held at such meeting, and shall be posted on the Post bulletin board at least two weeks prior to each such meeting.
ARTICLE XIII – RULES
Section 1. The order of procedure at meetings of this Post shall be governed by Robert’s Rules of Order, Revised, except as otherwise provided herein.
ARTICLE XIV – LIMITATION OF LIABILITY
Section 1. This Post shall not incur, nor cause to be incurred, any liability or obligation whatever which will subject to liability any other Post, Sub-division, group of men, members of The American Legion, or other individuals, corporations, or organizations.
ARTICLE XV – AMENDMENTS
Section 1. These By-laws are adopted subject to the provisions of the National, Department, and Jefferson County Constitution and By-laws. Any amendments to said National, Department or County Constitution and By-laws, which are in conflict with the provisions hereof shall be regarded as automatically repealing or modifying the provisions of these By-laws to the extent of such conflict.
Section 2. These By-laws may be amended at any regular Post meeting by a vote of two-thirds of the members attending such regular meeting, provided that the proposed amendment shall have been submitted in writing, and read at a preceding regular meeting of said Post, and provided further, that written notice shall have been posted on the Post bulletin board at least ten 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.
ARTICLE XVI – CONTRACTS
Section 1. Any contracts involving maintenance, alterations to the real property, repairs or modifications of the fixtures, or remodeling of the interior or exterior of the Post in an amount in excess of five hundred dollars ($500.00), shall be reviewed by the Post Commander and the Executive Committee and presented to the Post membership to be voted upon at a regularly scheduled meeting. A majority vote of the Post membership shall be required to approve the contract and authorize expenditure of Post monies.
Section 2. Any modifications, repairs or maintenance in excess of $1,500.00 will require sealed bids. The sealed bids will be kept sealed and opened at a meeting of the Post Executive Board. The Post Executive Board has the right to reject any or all bids submitted. The Post Executive Board shall review the sealed bids and shall decide if they want to accept any of the bids, a vote shall be taken and if a majority vote to accept a bid is passed the bid will be submitted to the Post membership at a monthly meeting for approval; a majority vote of the Post membership is required to accept the bid and authorize the expenditures of Post monies.
Section 3. All contracts that are awarded shall be signed by the Post Commander and at least two members of the Post Executive Committee.
CERTIFICATION OF ELECTION OF TRUSTEES OF
WILLIAM C. DEXTER POST NO. 673, AMERICAN LEGION, DEPARTMENT OF NEW YORK.
We, the undersigned, do hereby make, sign, acknowledge, and file this certificate Pursuant to Article 2 of the Benevolent Orders Law of the State of New York as follows:
- American Legion William C. Dexter Post No. 673 is duly chartered and instituted in accordance with the Constitution and By-laws of The American Legion and the people who signed and acknowledged this certificate are respectively the Commander, First Vice Commander, and Second Vice Commander, the first three elective officers of said American Legion William C. Dexter Post No. 673.
- The Trustees hereinafter names are members of such Post in full membership and in good and regular standing therein and were elected Trustees of said Post on the ______ day of _____________________, 20 ______, at the Post rooms of said Post at 113 E. Dexter Street in the Village of Black River County of Jefferson, New York, that said election was regularly held in accordance with the Constitution and the general rules and regulations of said American Legion and in conformity with its own By-laws.
- The names and addressed of said Trustees and the terms for which they were allotted to serve are as follows:
NAME ADDRESS TERM OF YEARS
______________________________ ______________________________ ________________
______________________________
______________________________ ______________________________ ________________
______________________________
______________________________ ______________________________ ________________
______________________________
IN WITNESS WHEREOF, we have made, signed, acknowledged, and filed this certificate in duplicate. DATED at _____________________ New York, this ______ day of _____________________ 20 ______.
____________________________________
Commander
____________________________________
First Vice Commander
____________________________________
Second Vice Commander