The American Legion, Department of Colorado, Eber Duclo Post 39 Constitution and By-Laws
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 goodwill 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 Eber Duclo Post No. 39. The American Legion. Department of Colorado.
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, so far as are applicable.
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. The organization shall be absolutely non-political and shall not be used for dissemination of partisan principles and shall not be used 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 military title in any meeting of this post.
ARTICLE IV - MEMBERSHIP
Section 1. Eligibility for 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 or Executive Committee meeting following the making of such application, and shall at such meeting, be accepted, rejected or referred for further investigation and consideration. If three (3) or more Members of the Executive Committee cast their vote against 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 (6) months from the date of rejection.
Section 4. Any member of this Post may be expelled for cause by a two-thirds (2/3) 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 this Post for any cause may be reinstated to membership by a two-thirds (2/3) vote of the membership present in a Post meeting, and the payment of current dues for the year in which 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 or she may then appeal to the State Executive Committee of the Department of the expelling Post for the 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 Principle Officers of this Post shall be the Commander, First Vice Commander, Second Vice Commander, Adjutant and Finance Officer. Other Officers shall be a Chaplain and a Sergeant-at-Arms and such other officers as may be deemed necessary by the Post. All Officers shall hold office until their successors are duly installed or as otherwise provided. Any Officer or Executive Committee Member may be removed for inefficiency by the Executive Committee, a two-thirds (2/3) vote of said Executive Committee being necessary to affect such removal.
Section 2. The administration of this Post of The American Legion shall, except as may otherwise be provided by the Bylaws, be under the supervision of an Executive Committee which shall consist of five (5) Members of the Executive Board in addition to the Principle Officers of the Post. The term of office for the Members of the Executive Board shall be for two (2) years, and they shall be elected as stipulated in the Bylaws. The term of office for the Principle Officers shall be for one (1) year, and they shall be elected as stipulated in the Bylaws. The Post Commander shall preside at all meetings of the Executive Committee. The Bylaws may provide for such other administrative committees as the business of the Post may require and such committees shall subordinate to the Executive Committee.
Section 3. Every member of this Post in good standing shall be eligible to hold office or to serve in any elected or appointed capacity in this Post.
Section 4. The duties of Officers and the Executive Committee persons shall be those usually pertaining to such offices and committees and as may be further provided in the Bylaws.
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 dues shall be fixed and determined by the Executive Committee based on the anticipated needs of this Post.
ARTICLE VII - AMENDMENTS
Section 1. This Constitution is adopted subject to the provisions of the National Constitution of the American Legion. Any amendments 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. This Constitution may be amended at any Post meeting by a vote of two-thirds (2/3) 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 regular meeting of said Post and providing further that written notice shall have been given to all members at least twenty (20) 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 I - NAME AND OBJECT
Section 1. The Post existing under these Bylaws is to be known as Eber Duclo Post No. 39,
The American Legion, Department of Colorado.
Section 2. The objects of this Post are as set forth in the Constitution.
ARTICLE II - MANAGEMENT
Section 1. The government and management of this Post are entrusted to an Executive Committee consisting of ten (10) Members to be known as the Executive Committee.
Section 2. The Executive Committee shall consist of five (5) Members of the Executive Board in addition to the Principle Officers of the Post. The Post shall have five (5) Principle Officers, a Commander, First Vice Commander, Second Vice Commander, Adjutant and Finance Officer. The Post shall have two (2) other elected officers, a Sergeant-at-Arms and a Chaplain, plus an appointed Service Officer. All Members of the Executive Board and other Officers shall be elected as set forth in Article VI.
Section 3. All vacancies existing in the Executive Committee or any office of the Post for any cause other than expiration of a term shall be filled by an appointment made by the Commander with approval of a majority of the Executive Committee. A person appointed shall hold office for the unexpired term of the Member of the Executive Committee or office who he/she succeeds. A vacancy shall exist when a Member of the Executive Committee is absent without just cause for a continuous period of two (2) consecutive Executive Committee meetings. Reasons constituting a just cause shall be determined by the remaining Members of the Executive Committee.
ARTICLE II - DUTIES OF THE 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 Commander within thirty (30) days after the installation of new Principle Officers and new Members of the Executive Board. Thereafter, the Post Executive Committee shall meet at the call of the Commander at least every month and as often as said Commander may deem necessary. The Commander shall call a meeting of the Executive Committee upon a joint written request of three (3) Members of the Executive Committee. Five (5) Members of the Executive Committee shall constitute a quorum thereof.
Section 2. The Post Executive Committee shall authorize and approve all expenditures of Post funds and generally, shall have charge of and be responsible for management of the business affairs of this Post; shall recommend the expulsion of Post members as prescribed in Article IV, Section 4 of the Post Constitution; and, shall approve or disapprove appointments made by the Commander as prescribed in Article II, Section 3 of these Bylaws.
ARTICLE IV - DUTIES OF OFFICERS
Section 1. Duties of the Post Commander. It shall be the duty of the Post Commander to preside at all meetings of the Post, to have general supervision over the business affairs of the Post, and shall be the Chief Executive Officer of the Post. He shall appoint an Audit Committee consisting of the Adjutant and two (2) other members to audit the records of the Finance Officer and such audit shall be reported to the Executive Committee. This audit shall be conducted annually and at such other times as the Commander deems appropriate. He/She shall perform such other duties as may be directed by the Executive Committee.
Section 2. Duties of Vice Commanders. The Vice Commanders shall assume and discharge the duties of the Office of Commander in the absence of the Commander or when called upon by the Commander or Executive Committee.
Section 3. Duties of the Adjutant. He/She shall have charge of and keep a full and correct record of all proceedings of Post meetings and Executive Committee 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.
Section 4. Duties of Post Finance Officer. The Finance Officer shall have charge of all finances of the Post and see that they are safely deposited in a local bank or savings institution in the Post's name and shall report once a month to the Executive Committee the condition of the finance of the Post. He/She shall furnish such surety bonds as may be required by the Executive Committee. The executive Committee shall approve payment for such bonds from Post funds.
Section 5. Duties of the Chaplain. The Chaplain shall be charged with the spiritual welfare of the Post members and will offer divine, but non-sectarian, in the event of dedications, funerals, public function, etc., adhering to such ceremonial rituals as are recommended by national or department headquarters from time-to-time.
Section 6. Duties of Sergeant-at-Arms. The Sergeant-at-Arms shall preserve order at all meetings and shall perform such other duties as may from time-to-time be assigned by the Commander.
ARTICLE V - COMMITTEES
Section 1. The Post Commander, within thirty (30) days upon taking office shall appoint the chair-person of those committees he/she may deem appropriate. Additional committee chair-persons may be appointed by the Commander from time-to-time as may be necessary. Committees shall consist of any member (s) of the Post elected by the committee chair-person. No approval of the Executive Committee is needed to appoint the chair-person.
ARTICLE VI - ELECTIONS AND APPOINTMENTS
Section 1. The five (5) Principle Officers of the Post, Members of the Executive Board and other Officers will be elected annually. At the Regular Meeting of the Post held in March nominations will be made and accepted, the election will be held at the Regular Meeting in April and installation of the Principle Officers, other Officers and Members of the Executive Board will take place at the Regular Meeting in May. Exceptions to this rule are noted in the following Section 2.
Section 2. The Executive Board shall consist of five (5) elected Members. Two (2) new Members of the Executive Board shall be elected at the annual election in odd numbered years and three (3) new Members shall be elected in even numbered years. The terms of office of these elected Members shall be for two (2) years or until their successors are elected or appointed. At the first annual election following the adoption of the original Bylaws three (3) new Members shall be elected for one (1) year and two (2) new Members shall be elected for two (2) years.
Section 3. The term of office for all Officers shall be for one (1) year or until their successors are elected or appointed.
Section 4. The Nominating Committee shall announce those members selected at the first meeting in March, at which time their selections will be approved or disapproved from a motion on the floor in accordance with Robert's Rules of Order.
Section 5. Upon approval or disapproval of the Nominating Committee selection, nominations for the Principle Officers and the Executive Board Members may be made from the floor from among the members of the Post. No nominations from the floor will be accepted at the annual election meeting.
Section 6. At such election meeting, a majority vote of those members present shall be required to elect any Principle Officer, other Officer or Executive Board Member. The candidates with the highest number of the membership votes shall be considered elected.
Section 7. Each office shall be balloted upon separate in the following order: Sergeant-at-Arms, Chaplain, Finance Officer, Vice Commanders and then the Commander. Election for the Executive Board Members will be held concurrently. If upon the first ballot no candidate shall have a majority vote of the membership present, the low candidate shall be dropped upon succeeding ballots until from among those duly nominated one of the candidates shall have received a majority vote of the membership present.
Section 8. The Commander, at the election meeting will appoint two (2) Election Judges and two (2) Election Tellers from among the members present. No member who is a candidate to be voted upon shall serve as an Election Judge or Election Teller.
Section 9. The newly elected Officers and Executive Board Members shall be installed at the first meeting following the election.
Section 10. The Post Commander shall appoint any Officer deemed necessary by the Executive Committee not mentioned by these Bylaws.
Section 11. When a vacancy exists in the office of Commander, the First Vice Commander shall assume the duties of that office until the next annual election and the Second Vice Commander shall assume the duties of the office of Senior Vice Commander.
Section 12. No person shall hold more than one (1) elective office in this Post.
ARTICLE VII - CONVENTION DELEGATES
Section 1. Delegates and Alternates to a Department Convention shall be appointed by the Post Commander and approved by the Executive Committee. Such appointments shall be made at least twenty (20) days prior to the date of the convention. The Executive Committee may authorize such expenses for Delegates and Alternates as the Committee deems appropriate.
Section 1. The Executive Committee shall meet prior to the Regular Meeting of each month at the time and place as designated by the Commander. Special Meetings of the Executive Committee may be called by the Commander or upon the written request submitted to the Commander by five (5) Members of the Executive Committee.
Section 2. The Order Of Business for the Executive Committee Meeting shall be:
a. Reading of Minutes of previous meeting.
b. Finance Officer's Report.
c. Reports of Committees, if any.
d. Unfinished Business and Approval of Bills.
e. New Business and Correspondence.
f. Any Other Business for the Good of the American Legion.
Section 3. A quorum at a Regular or Special Meeting shall consist of those Members in attendance. Five (5) Executive Committee Members shall constitute a quorum of the Executive Committee. No Executive Committee meeting shall be conducted in the absence of a quorum.
Section 4. Regular Meetings of the Post shall be held on the third Wednesday of each month at such place and time as designated by the Commander.
Section 5. The Order Of Business for Regular Meetings of the Post shall be as suggested by National Headquarters. This may be done by having the Adjutant read minutes of the Executive Committee Meeting.
Section 6. 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. Upon a written request in writing by five (5) Post members to the Commander a Special Meeting shall be called.
Section 7. All meetings of this Post and the meetings of the Executive Committee of this Post shall be conducted pursuant to Robert's Rules of Orders, as revised, except as herein otherwise provided.
ARTICLE IX - NOTICES
Section 1. Every member shall furnish the Post Adjutant with his/her address for mailing purposes.
Section 2. A member whose dues for the current year have not been paid by January 1st shall be considered delinquent. If his/her dues are paid on or before February 1st, he/she shall automatically be reinstated. If he/she is still delinquent after February 1st, he/she shall be suspended from all privileges, including the right to vote. If he/she is still under such suspension on June 13th of such year, his/her membership in The American Legion shall be forfeited.
Section 3. Notices of Special Meetings of the Post shall be given by mailing of a postal card or letter by the Adjutant to each member at least ten (10) days prior to such meeting. A brief statement of the purpose of the Special Meeting shall be given in the mailed notice.
Section 4. The Adjutant shall notify each Member of the Executive Committee of all Special Meetings of the Committee.
Section 5. Immediately following the annual election, the Commander shall advise the Post Adjutant to furnish the names and addresses of the newly elected Commander, Adjutant and Finance Officer to the Department Adjutant.
ARTICLE X - LIMITATIONS OF LIABILITIES
Section 1. This Post shall not incur, nor cause to be incurred, any liability or obligation whatsoever which subject to liability any other post, subdivision, group of men or women, members of The American Legion, or other individuals, corporations or organizations.
ARTICLE XI - AMENDMENTS
Section 1. These Bylaws may be amended at any regular Post meeting by a vote of two-thirds (2/3) of the members of the Post attending such Regular Meeting, provided that the proposed amendment shall have been submitted in writing and read at the preceding Regular Meeting of the Post and further provided that written notice shall have been given to all members at least twenty (20) days in advance of the date when such amendment is to be voted upon, notifying the members that at such Regular Meeting a proposal to amend the Bylaws is to be voted upon.
ARTICLE XII - EFFECTIVE DATE AND ENABLING PROVISION
Section 1. The Constitution and Bylaws shall become effective on the convening of the Regular Post Meeting following the date of adoption of this Constitution and By-Laws.
Section 2. All provisions of Articles of previous Constitutions and/or Bylaws of this Post will be null and void upon effective date of this Constitution and Bylaws, except where specifically provided for in this Constitution and Bylaws.
Section 3. All approved motions and/or authorizations duly recorded in the minutes of Post meetings or in the minutes of the Executive Committee meetings, under the previous Constitution and Bylaws are hereby affirmed and ratified, and will remain in full force and effect until rescinded or modified pursuant to Article XI of these Bylaws.