Rathdrum Post 154 Constitution & Bylaws
RATHDRUM POST 154
AMERICAN LEGION DEPARTMENT OF IDAHO
THE AMERICAN LEGION 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 100-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.
To see an explanation of the Preamble, click HERE.
Section 1. The name of this organization shall be Rathdrum Post 154 American Legion Department of Idaho.
Section 1. The objectives 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.
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 nonpolitical and shall not be used for the dissemination of partisan principles nor 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 or naval title in any meeting of this Post.
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 a majority of the members cast their vote against the acceptance of said application, then such application shall be recorded as rejected.
Section 4. Any member of this Post may be expelled for cause by a 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 this 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, 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.
Section 1. The administrative affairs of this Post of The American Legion shall, except as may be otherwise provided by the Bylaws, be under the supervision of an Executive Committee which shall consist of three (3) 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 Bylaws, 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 first vice-commander, a second vice-commander, an adjutant, a finance officer, a historian, a chaplain, a service officer, a sergeant-at-arms, judge advocate 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 officers and the executive committee shall be those usually appertaining to such officers or committee and as further provided in the Bylaws.
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
Section 1. Members who join this Post prior to the issuance of the permanent charter shall be known as charter members.
ARTICLE VIII AMERICAN
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit 154 of Rathdrum Post 154 American Legion Department of Idaho.
Section 2. Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.
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 Idaho, 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 the proposed amendment shall have been submitted in writing and read at the preceding regular meeting of said Post, and providing, further, written notice shall have been given to all members at least 30 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.
CERTIFICATE OF ADOPTION OF CONSTITUTION
We, Deanna K Sasse, the duly elected and qualified Post Commander and Bryan D Bledsoe, Adjutant, respectively, of Rathdrum Post 154 American Legion, Department of Idaho, located at Rathdrum, Idaho do hereby certify:
THAT a regular membership meeting of Rathdrum Post 154 was held in Rathdrum, Idaho on the _____ day of ______________________,________;
THAT ________ of the members present at said meeting voted in favor of adopting the proposed Constitution, and that the Post Commander, as the presiding officer, declared that the Bylaws were, therefore adopted;
THAT the Post Commander as named herein was the presiding officer at said Rathdrum Post 154 American Legion Department of Idaho meeting held on the ________ day of _______________________, _________ and the Adjutant named herein was the recording secretary at said meeting, and that it is in these dual capacities that they certify hereto.
IN WITNESS HEREOF, we, the undersigned, set our hands and seals this ________ day of ____________________, ________
Deanna K Sasse, Commander
____________________________________ Bryan D Bledsoe, Adjutant
STATE OF IDAHO )
County of Kootenai )
On this ________ day of ______________, 2015, before me, the undersigned Notary Public in and for the State of Idaho, personally appeared Commander, Deanna K Sasse, and Adjutant, Bryan D Bledsoe, known to me to be the Post Commander and Adjutant, respectively, of Rathdrum Post 154 American Legion, Department of Idaho, and known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year in this certificate first written above.
Notary Public for the State of Idaho
My Commission expires:
Manuel Schneidmiller Post 154, Inc.
The American Legion Department of Idaho
Article I – Name and Purpose
Section 1. The Post existing under these Bylaws is to be known as Manuel Schneidmiller Post 154, Inc. American Legion Department of Idaho.
Section 2. The nature and purpose of the Post shall be to promote the principles and policies as set forth in the foregoing preamble, and the National and Department Constitutions of the American Legion.
Article II – Management
Section 1. The Post officers govern at the pleasure of, and with the consent of the general membership of this Post. The Commander, as Chief Executive Officer (CEO) of the Post, shall preside at all Post Member meetings. The Commander, as chairperson of the Executive Committee, has, with committee approval, supervision over all Post activities under the jurisdiction of the Executive Committee.
Section 2. The government and management of the Post are entrusted to the Post Commander and to a committee of members, to be known as the Post Executive Committee.
Section 3. The Post Executive Committee shall supervise the administrative affairs of the Post except as may be otherwise provided in the Bylaws.
Section 4. All employees of the Post shall be hired and maintained on the payroll in accordance with the wage and hour laws of the United States of America and the State of Idaho.
Article III – Post Executive Committee
Section 1. Separate from the officers of the Post, the Post Executive Committee shall consist of three (3) members elected from the Post membership and will be known as a committeeperson and together with the officers of this Post shall be elected during annual elections on the 4th Wednesday of April, and take office at the next following monthly meeting, after the election. The procedure for electing a committeeperson shall be the same as set out in Article XIII Section 1 for Post Officers. The immediate past Commander shall automatically become a member of this committee with voice but no vote.
Section 2. The Post Commander shall chair the Post Executive Committee. It shall be the duty of the Post Executive Committee members to act as a general advisory board to the Post Commander.
Section 3. Three (3) Committeepersons shall be elected and will serve on the post Executive Committee.
- One committeeperson for a 3-year term
- One committeeperson for a 2-year term
- One committeeperson for a 1-year term
Section 4. All vacancies existing in the Executive Committee or in any office of the Post from any cause other than the expiration of the term of office shall be filled by a majority vote of the members of the Executive Committee. The new officer, or committeeperson will then be presented at the next regular meeting for confirmation by the membership. A member so appointed shall hold office for the remainder of the term of the officer or committeeperson they succeed. A vacancy shall exist when an officer or board member is absent from their position for a continuous period considered detrimental to the interest of the Post by the Executive Committee. Any officer or board member will be removed from his/her post after being absent for three unexcused consecutive meetings.
Section 5. 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 monthly, on a day mutually agreed upon, or 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. Seven members of the Post Executive Committee, other than the Post Commander, or the majority of the remaining officers and committeepersons, in the event of resignations or removal due to disciplinary action, shall constitute a quorum thereof.
Section 6. The purpose and authority of the Post Executive Committee shall be generally administrative and managerial in nature and as such shall be empowered to hire such employees as may be necessary; shall approve and authorize all budget projections and expenditures; shall require adequate bonds (paid for by the Post) from all persons having the custody of Post funds; shall hear the reports of Post committee chairpersons; shall assist the Post Commander in developing and maintaining a vision of the future with the annual and three year plans; and generally, shall have charge of and be responsible for the management of the affairs of this Post.
Section 7. The minutes of the meeting of the Post Executive Committee shall be posted on the Post website or read or distributed at the next regular meeting of the Post.
Section 8. Any member in good standing, any member of SAL, Auxiliary or the general public may attend an Executive Committee meeting as a guest but said person has no voice, unless given it by the Executive Committee chairperson, and has no vote at the meeting. Guests will maintain silence unless recognized by the Executive Committee chairperson.
Article IV - Duties of Officers
Section 1. General. The following is a list of the post officers: Commander, First Vice-Commander, Second Vice-Commander, Finance Officer, Judge Advocate, Service Officer, Sergeant-at-Arms, Historian, Adjutant and Chaplain. The Post Adjutant shall serve as secretary of the Executive Committee. The term of office of members of the Executive Committee shall be for one (1) year. The Post, by its Bylaws may provide for such standing committees as the business of the organization may require. All pertinent proceedings of the Executive Committee must be submitted to the Post membership for approval at the next regular meeting. The officers of the Post shall focus on assisting the Post Commander in executing the Post mission and it's supporting plans and programs.
Section 2. Duties of Post Commander. The Post Commander shall be elected to serve for a period of one year. It shall be the duty of the Post Commander to serve as the chief executive officer of the Post, as ex officio member of all appointed committees, to preside over all executive, general and special membership meetings of the Post, coordinate and publish an agenda for all regular and special Post meetings, and to have general supervision over the business and affairs of the Post. The Post Commander shall approve all orders directing the day-to-day disbursement of budgeted and authorized funds and shall make an annual report covering the business of the Post for the preceding year, and recommendations for the ensuing year. The Post Commander shall also review the recommended/updated Post Three Year Plan at the annual meeting and direct that the Adjutant forward copies of all annual reports thereof immediately to the Department Adjutant. The Post Commander shall perform such other duties as directed by the membership.
Section 3. Duties of First Vice Commander. The First Vice-Commander shall be elected to serve for a period of one year. The First Vice-Commander shall assume and discharge the duties of the office of Post Commander in the absence or disability of, or when called upon by the Post Commander. In doing so, the First Vice-Commander shall be knowledgeable in all ceremonial protocol of regular and special Post meetings. The First Vice-Commander shall expressly interest themselves in the membership of the Post and shall be a chairperson member of the Post Membership Committee. Because no single factor has so important an influence on the Post‘s success as membership, the First Vice-Commander shall be assisted by the most active and devoted members of the Post The First Vice-Commander shall also be the exponent of means of safeguarding the honor of the Flag of our Country. The First Vice-Commander is the teacher of democracy and shall therefore be committed to these endeavors and shall fulfill each and every one of them. The First Vice-Commander shall be the chairperson for the Flag Committee.
Section 4. Duties of Second Vice-Commander. The Second Vice-Commander shall be elected to serve for a period of one year. The Second Vice-Commander shall also be responsible for assisting the Post Commander with all duties. Particularly, the Second Vice-Commander shall be vested with responsibility in developing Post activities, in developing entertainment features which mark all meetings, and in patriotic observances of all kinds including those requiring an Honor Guard observance. The Second Vice-Commander will be the chairperson of the Welcoming Committee, and will perform such duties at all membership meetings. The Second Vice-Commander shall be the chairperson of the Ceremonials Committee.
Section 5. Duties of Post Adjutant. The Post Adjutant shall be elected to serve for a period of one year. The Post Adjutant’s duties are primarily administrative in nature. The Adjutant is the personnel officer and thus maintains intimate contact with individual Post members. The Post Adjutant maintains membership records, minutes of meetings, coordinates with and assists with the work of the other officers and committees, and publishes official orders, announcements, and instructions. The Post Adjutant, in all matters relating to finance, shall furnish such surety bonds (at the expense of the Post) in such sum as shall be fixed by the Post Executive Committee, and shall carry on the work in close correlation with the Post Finance Officer. The Adjutant shall be secretary to the Post Executive Committee and shall prepare and keep all records and minutes of proceedings of said Post Executive Committee. The Post Adjutant shall be authorized in the event of death or resignation of the Post Commander, to summon the Post Executive Committee for the election of a successor. In the event the Adjutant shall fail, refuse or neglect to summon the Post Executive committee, within fifteen days after said death or resignation, then said meeting for the purpose of electing a successor may be held upon the written demand therefore signed by the majority of the Post Executive Committee members, giving fifteen days’ notice thereof. The Post Adjutant shall be responsible for the administrative conduct of all special and regular elections for the Post.
Section 6. Duties of the Post Finance Officer. The Post Finance Officer shall be elected to serve for a period of one year. The Post Finance Officer shall have charge of all finances and see that they are safely deposited in a designated local bank or banks and shall report once a month to the Post Executive Committee, as well as the general membership of the Post, the condition of the finances of the Post, with such recommendations as 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. All checks issued by the Finance Officer shall be countersigned by the Post Commander or First Vice-Commander. The Post Finance Officer shall be the chairperson of the Post Finance Committee and shall provide the general membership of the Post a report on the state of Post finances at each regular business meeting.
Section 7. Duties of Post Historian. The Post Historian shall be elected to serve for a period of one year. The Post Historian shall be charged with the preservation of all 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 Post Executive Committee. Also, the Post Historian shall create an annual Post Historian Book to be displayed at every general membership meeting and sent to the Department Historian to coincide with the Department Convention. They will be responsible for displaying the current photos of events and providing up to date information for the newsletter and webpage. The Post Historian shall be the custodian of any and all awards, decorations and/or memorabilia received by the Post.
Section 8. Duties of Post Chaplain. The Post Chaplain shall be elected to serve for a period of one year. The Post Chaplain shall be charged with the spiritual welfare of the Post’s comrades and when requested, will offer divine, but nonsectarian service in the event of dedications, funerals, public functions, etc., and shall adhere to such ceremonial rituals as are included in the Manual of Ceremonies, or recommended by the National or Department headquarters from time to time. The Post Chaplain shall be the chairperson of the graves Registration and Memorial Committee.
Section 9. Duties of Post Sergeant-at-Arms. The Post Sergeant-at-Arms shall be elected to serve for a period of one year. As the outer guard of the Post, the Sergeant-at-Arms shall preserve order at meetings, identify and introduce to the Post Commander all visiting comrades and guests of the Post, shall assume charge of the stand of colors which will be properly displayed at all Post meetings and ceremonial occasions, and shall perform such other duties as may be from time to time assigned by the Post Executive Committee, the Post Commander, or delineated in the Manual of Ceremonies.
Section 10. Duties of Post Service Officer. The Post Service Officer shall be elected to serve for a period of one year. The Post Service Officer shall conduct all matters pertaining to service to and the welfare of comrades through educational efforts/programs concerning the rights and benefits for all veterans, and their dependents as granted them by law, and in the prosecution of all just claims against the United States or state government, employment, relief, etc. The Post Service Officer shall be the chairperson of the Veterans Affairs and Rehabilitation Committee.
Section 11. Duties of Post Judge Advocate. The Post Judge Advocate shall be elected to serve for a period of one year. The primary duty of the Judge Advocate is to supply advice in the conduct of the post business or to procure proper counsel and is the guardian of constitutional form of post government.
Section 12. Responsibilities: All Post Officers and Committeepersons.
- Establish policies and guidelines for the operation of the Post.
- Regularly attend scheduled monthly meetings of the Executive Committee and the Post.
- Be actively involved in at least one committee.
- Assist the Post in appropriate fund raising efforts.
- Assist the Post in the recruiting of new members.
- Represent the Post in the community.
ARTICLE V - AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an Auxiliary Organization known as Unit 154 American Legion Auxiliary Department of Idaho.
Section 2. Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.
Article VI – Delegates
Section 1. Any member of this Post in good standing shall be eligible to be a candidate for delegate to the Department convention.
Section 2. Delegates and alternates to a Department convention shall be elected by voice vote or ballot by the Post at a regular meeting of the Post to be held at least 30 days prior to the date of such convention.
Section 3. All delegates representing the Post shall receive information from the Post Commander and Post Executive Committee as to the general position of the Post on any issue or matter to be voted upon, and instructions to vote as directed. At no time shall a delegate vote in contrary to the wishes of the Post membership.
Section 4. Upon return from the Department Convention the Commander or said representative shall render a report in full of the proceedings at the Department Convention. Such report is to be made to the Post members not later than thirty (30) days after the adjournment of the Department Convention.
Article VII – Committees
Section 1. Appointments. The Post Commander, immediately upon taking office, shall appoint the following standing committees: Americanism, Ceremonials, Children and Youth, Economic, Finance, Graves Registration and Memorial, House and Entertainment, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, Sons of the American Legion, Visiting or VAVS and Technology. Standing committees shall consist of such members and sub-committees deemed necessary to perform assigned functions. The chairperson of all appointed standing committees shall be designated by the Post Commander, except as outlined in Article IV, Duties of Officers, above. Standing committees, or their functions, may be eliminated or combined with those of other committees, as deemed necessary by the Post Commander.
Section 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.
Section 3. Ceremonials Committee. The principal duty of the Ceremonials Committee is to insure all new members are properly welcomed to the Post. The committee also concerns itself with proper presentation of other rituals outlined in the Manual of Ceremonies, including but not limited to burial detail and the wearing of Legion regalia, installation of Post Officers and Committeepersons, and preparation for and representation at parades and other public events. The Second Vice-Commander shall be the chairperson of this committee.
Section 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 an intermediary for the needy child of a veteran in obtaining the fulfillment of the Legion’s pledge that “no child of a war veteran shall be in need of the necessities of life” and “a square deal for every child”.
Section 5. Economic Committee. The economic committee is primarily concerned with the local employment programs, Veteran’s preference, government employment and re-employment rights as well as programs that promote and help veterans with self-employment and entrepreneurship.
Section 6. Finance Committee. The Finance Committee shall be charged with the administration of financial policies, preparation of budget recommendations and supervision of receiving, disbursing and accounting of all Post funds. The committee is also responsible for recommending financial/strategic goals, long range financial plans that support the mission, of the Post. The Post Finance Officer shall be the chairperson of the Post Finance Committee and appoint or employ an annual impartial auditor of the Post finances and inventory. Auditor to be approved by the Executive Committee.
Section 7. 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 or proper interment in National Cemeteries. The Post Chaplain is the chairperson and Post Historian shall be a member of the Graves Registration and Memorial Committee.
Section 8. House and Entertainment Committee. Such committee shall be responsible for planning and executing all Post social activities for the year, including but not limited to dances, entertainment, musicians, and decorations. This committee shall make recommendations to the Post Commander and Post Executive Committee on all matters pertaining to house rules, ceremonies and events. The chairman of the House and Entertainment Committee shall, develop and maintain a master event calendar for the Post.
Section 9. Legislative Committee. The Legislative Committee promotes the Legion’s official legislative mandates, disseminates monthly legislative updates, organizes and promotes proactive grassroots lobbying activities, and establishes and maintains liaisons with elected officials and their staffs.
Section 10. Membership Committee. The Membership Committee shall have charge of all matters pertaining to the membership of the Post, including the enlistment and training of new Post members, training of committee members, reinstatements, and eligibility of members. The chairperson of said committee shall appoint and train, in accordance with prescribed American Legion standards, such teams as necessary to perform this vital mission. The First Vice-Commander shall be the chairperson of this committee.
Section 11. Public Relations Committee. The Public Relations Committee elevates awareness in the veteran community and the community at large of the Legion’s advocacy of veteran issues, national security, Americanism, and children and youth. The committee is responsible for the Post newsletter, media announcements and social media.
Section 12. Sons of the American Legion Committee. This committee supervises the Sons of the American Legion squadron in its organization, activities, and recreational and educational programs.
Section 13. Veterans’ Affairs and Rehabilitation Committee. The Veterans Affairs and Rehabilitation Committee shall be vested with responsibility for aid and service to all needy veterans and their families, and children of veterans. This committee shall assist the Post Service Officer as required and shall conduct all matters pertaining to service to and the welfare of comrades through educational efforts/programs concerning the rights and benefits for all veterans, and their dependents as granted them by law, and involve itself in matters pertaining to comrades in their prosecution of claims against the United States and state governments, employment of veterans programs, veterans’ burial rights, and other privileges as appropriate. The Post Service Officer shall serve as chairperson of this committee.
Section 14. Visiting or VAVS Committee. This committee is charged with visiting and comforting members and their families when sick or bereaved, and with visiting service personnel and ex-service personnel in hospitals. Post Chaplain is the chairperson of this committee.
Section 15. Technology This committee will help develop and maintain the website and future technological advances that would benefit the Post membership.
Article VIII – Resolutions
Section 1. All resolutions of state or national scope presented to this Post by a member or reported to this Post by a committee shall merely embody the opinion of this Post on the subject and copy of same shall be forwarded to the Department headquarters for its approval before any publicity is given or action other than mere passage by the Post is taken.
Article IX – Meetings
Section 1. The regular meeting of the Post shall be held at a suitable facility on the 4th Wednesday of each 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.
Section 2. The Post Commander or a majority of the Post Executive Committee shall have the power to call a special meeting of the Post at any time.
Section 3. Upon the written request of fifteen members, the Post Commander or Post Executive Committee shall call a special meeting of the Post.
Section 4. Ten members shall constitute a quorum of any Membership Meeting or Special Membership Meeting.
Section 5. The Post membership, by simple majority vote, may cancel or postpone any future meeting.
Section 6. All meetings shall be run in accordance with the Post Bylaws and the bylaws of District, bylaws of Department, bylaws of National and according to current edition of Robert’s Rules of Order.
Article X – Reading of the Minutes
Section 1. The minutes of all regular meetings and Executive Committee meetings shall be presented for approval to the Post at its next regular meeting.
Section 2. Reading of the minutes of regular meetings and the Executive Committee meetings shall be waived if the minutes are printed and made available to the membership prior to the scheduled regular meetings. This can be accomplished by posting them on a bulletin board, Post newsletter, email, webpage or hardcopy.
Article XI – Disciplinary Action
Section 1. Nothing contained herein shall prohibit the Commander or any other elected Officer from taking immediate action against a member of the American Legion, the Sons of the American Legion, or a guest in order to maintain order and decorum regarding the use of Post facilities and or Post property.
Section 2. The Commander may, without a hearing, suspend a member from the use of the Post facilities for a period not to exceed ninety (90) days. Within ten (10) days of being advised of said suspension, the member can request, in writing, a hearing before the Post Executive Committee. A requested hearing must be held within ten (10) days of the Post receiving such request.
Section 3. Disciplinary action will be taken in accordance with suggested Policies and Procedures contained in the current Officer’s Handbook, Robert’s Rules of Order, or in the event that the Department of Idaho issues procedures or guidelines then those are to be followed in regards to disciplinary action.
Section 4. All charges brought against a member of the post will be brought to the Executive Committee for review. If the charges are warranted, a Discipline Action Committee will be appointed by the Executive Committee. The Discipline Action Committee will review the charges and make recommendations to the Executive Committee for action. This committee will be made up of members of the post, other than officers and committeepersons. The Judge Advocate will be the chairman of the Discipline Action Committee.
Article XII – Budget
Section 1. All fiscal affairs of the Post shall be established in an annual budget that reflects the receipts, and capital outlays for the fiscal year
Section 2. As soon as the budget committee is appointed, the Post Finance Officer shall provide the committee members with historical financial data, orientation and guidelines on the Post budget process.
Section 3. The committee shall immediately seek input in the form of budget request from all Officers, Committee chairperson and others who are responsible for generating revenue and/or incurring expenditures. These budget requests must be submitted once a year at a date appointed by the Finance Officer.
Section 4. The budget must be approved by the Executive Committee and the membership.
Section 5. The Post Finance Officer shall report on the status of the Post budget and the financial condition of the Post at each regular scheduled meeting of the Executive Committee and the Post Membership Meeting.
Article XIII – Elections
Section 1. The annual election shall be held during the regular membership meeting in April where Post Officers and Post Executive Committee members shall be elected. Voting shall be by voice vote if there is only one candidate for an office, by ballot if there are multiple candidates or by acclamation if there is an unopposed slate of officers. Nominations can be made from the floor at the March general membership meeting provided the nominee gives verbal consent if present, or written consent if not present and also at the April general membership meeting. Officers and Post Executive Committee members so elected by simple majority vote shall be properly installed into office at the next regular meeting held at the May membership meeting.
Section 2. For the purpose of expediting nominations and of giving due consideration to candidate qualifications for each elected position considered, the Executive Committee shall appoint a nominating committee of three members at large and one Executive Committeeperson sixty (60) days prior to election. The nominating committee shall select a minimum of two suitable candidates for each position open for election and provide such nominations during the general election. Each nominee is to be provided with a written description of duties of each office they are nominated to fill. Other suitable candidates may be nominated from the floor during the nominating period of the general election. All incumbent candidates shall be screened for eligibility as it pertains to term limits prescribed in Articles III and IV above.
Section 3. The Executive Committee shall name a judge and two (2) tellers, who shall be approved by the general membership, who shall distribute the ballots to the members, they shall collect and tally the ballots and report the results at the meeting. The chairperson of the nominating committee shall declare the winning candidates as elected. Candidates receiving the most votes are elected. The Judge and tellers cannot be a current officer, executive committee member, or a nominee for election.
Article XIV – Notices
Section 1. Every member shall furnish the Post adjutant with a current address, phone number and email for mailings and information.
Section 2. Notices to the membership may be made by announcement at General Membership Meetings, by posting on bulletin boards, by announcements in the Post newsletter, by email, posting on the webpage or by special mailings depending upon the urgency and timeliness requirements of the content of the notice.
Section 3. The Post adjutant shall cause notice of the annual election to be given at least two months prior thereto.
Section 4. The Post Adjutant shall cause notice of any other item requiring general member action as prescribe by the Executive Committee, the Post Commander, the Post Operations Manual, or these Bylaws.
Section 5. All references to the masculine gender in these Bylaws shall refer to both genders.
Article XV Rules of Order
Section 1. All proceedings of this Post shall be conducted under and pursuant to current edition of Robert’s Rules of Order, except as herein otherwise provided. A copy of said rules of order shall be present at all, but not limited to regular and special meetings of the general membership.
Section 2. All business to be presented before the proceedings of this Post shall be properly noted and published in an official agenda that has been thoroughly coordinated with all participants.
Article XVI - Limitations of Liabilities
Section 1. The Post shall incur, or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other Post, subdivision, members of The American Legion, or other individuals, corporations or organizations.
Article XVII - Miscellaneous
Section 1. The membership year shall run from January 1st to December 31st. The fiscal year shall be from January 1st to December 31st.
Section 2. An audit will be conducted at the beginning of each fiscal year. The Post Commander shall appoint an audit committee of three (3) members to audit the Post finances and inventory. This committee shall by March 15th of each year, conduct an audit, said audit to be completed no later than May 30th of each year. The Finance Officer shall be the chairperson of this committee.
Section 3. State Law & Statutes take precedence over all Bylaws and rules as applicable.
Section 4. The annual rate of dues shall be set by the Executive Committee with final approval by the membership.
Article XIII Amendments
Section 1. These Bylaws 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 last previous regular meeting of the Post and, provided further, that written notice shall have been given, by legal notice, to all members, and or via e-mail at least ten (10) 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 Bylaws is to be voted upon.
Section 2. Approved amendments shall be sent to the Department Adjutant within thirty days of approval. Once they have been approved amendment(s) become effective.
Article XIV – Authority
Section 1. The above Bylaws comprise the total and complete Bylaws of Manuel Schneidmiller Post 154, Inc. American Legion Department of Idaho at the time of certification and filing in the Office of the Kootenai County Recorder, State of Idaho.
CERTIFICATE OF ADOPTION OF BYLAWS
We, Deanna K Sasse, the duly elected and qualified Post Commander and Bryan Bledsoe, Adjutant, respectively, of Manuel Schneidmiller Post 154, Inc. American Legion Department of Idaho, located at Rathdrum, Idaho do hereby certify:
THAT at regular membership meetings of Manuel Schneidmiller Post 154, Inc. held in Rathdrum, Idaho in 2017;
THAT the members present voted in favor of amending the Bylaws, and that the Post Commander, as the presiding officer, declared that the Bylaws were, therefore adopted;
THAT the Post Commander as named herein was the presiding officer at said Post 154 meetings on June 28, 2017 and October 25, 2017 and the Adjutant named herein was the recording secretary at said meeting, and that it is in these dual capacities that they certify hereto.
IN WITNESS HEREOF, we, the undersigned, set our hands and seals this __15th______ day of ___February______________, 2018.
____Deanna K Sasse__________________
Deanna K Sasse, Commander
____________Bryan D Bledsoe_________
Bryan D Bledsoe, Adjutant
H. Melvin Napier 2/1/2018
H. Melvin Napier, Judge Advocate
Department of Idaho