Bylaws of the Lowell Beaver Post 470, The American Legion, Department of Indiana.
Article I
Section 1. The Post existing under these bylaws is to be known as the Lowell Beaver Post 470, The American Legion, Department of Indiana, and Incorporated.
Section 2. The objects of this Post are set forth in the Constitution.
Article II
Section 1. The government and management of this Post shall be vested in the Executive Committee, The Executive Committee shall be composed of the Officers of the Post as set forth in Article V, Section 2 of the Constitution
Section 2. There shall be a Post House Committee, composed of nine (9) members; The Post Commander, Adjutant, Finance Officer, who serve for one (1) year by virtue of their elected office; Six (6) members of the Post, which may include SAL and Auxiliary members, will be appointed at large by the Executive Committee annually after the Installation of Officers.
Section 3. The House Committee shall elect one (1), of the six(6), at-large members as Chairman of the House Committee at an organizational meeting within the first month following their appointment for the ensuing year. The Chairman does not have to be a Legionnaire. The Secretary will be appointed by the Chairman at said meeting. After the organizational meeting, the House Committee shall meet each month prior to the Executive Committee meeting to plan and schedule all maintenance related to the Post building and grounds. The Chairman of the House Committee will attend the Executive Committee meeting, as a non voting member, and will report on the status of the Post building and grounds maintenance. The Chairman will also report at the monthly membership meeting.
Section 4. The Executive Committee shall formulate a set of House Rules, operating hours and prices associated with operating the bar, and cause said rules and hours to be posted in and about the Post home.
Section 5. A vacancy shall exist when a member of the Executive Committee or House Committee is unable to fulfill his duties and obligations by disability, malfeasance, or by resignation. Any vacancy, except the Post Commander, existing on the Executive Committee or House Committee shall be filled by appointment of the Executive Committee. An appointed Member shall hold office for the unexpired term of the vacated office. In the event that the Post Commander is unable to complete his or her elected term of office, and the First Vice commander and the Second Vice Commander are unwilling to assume the office of Post Commander, there will be a special election to elect a new Post Commander, First Vice Commander and Second Vice Commander. The special election will be on the second Monday after the Adjutant notifies the members of the special election. Notification may be by Post e-mail.
Section 6. The executive Committee shall hire and terminate such employees as may be necessary and shall authorize and approve all Post employee salaries, wages and benefits and any changes to such; shall authorize and approve all contracts and expenditures as pertains to management of the Post Building and Grounds; shall require adequate bonds from persons having custody of Post funds; and shall have charge of and be responsible for the management of the affairs of the post
Section 7. The Post House Committee shall be responsible for the maintenance of the Post Buildings, including permanent fixtures therein. All Grounds and real property owned by the Post shall be the direct responsibility of the House Committee. All expenditures must be approved jointly by the House Committee and the Executive Committee and only on the availability of funds. The Post shall be liable for any and all contracts, mortgages, loans, and obligations. Any money borrowed by this Post shall be borrowed from a reputable bank or other financial institution.
Article III
Section 1. Pursuant to Article V, Section 4, of the Post Constitution; the officers, delegates and alternates to the Department Convention of the Post, shall be elected by secret ballot at least sixty (60) days prior to the Department Convention, and shall be installed into the office the first meeting of June. The Post Commander will appoint an election committee at the regular Post meeting in February. The Election Committee will report at the regular Post meeting in March and April. Any Legionnaire in good standing may rum for any office and must submit a letter of intent to run for office to the Election Committee no later than fifteen (15) days prior to the election. No officer shall hold two elective offices simultaneously, except the elected officers are also eligible for election as Delegate or Alternate. The Past Commander and the elected Commander shall be non-elected delegates to the Department Convention. The election Committee will procure printed ballots and conduct an election using the secret ballot method as outlined in the current American Legion Officer’s Guide. The voting is to be conducted at the Post and shall commence at twelve o’clock noon on the second Monday in May and shall conclude at Seven (7) P.M. at the beginning of the regular Post Meeting. The election committee, with one, at-large member. Selected by each slate of officer candidates, will count the ballots and the Chairman of the election committee will report the results to the assembled membership at the regular meeting of the Post on the Second Monday in May.
Section 2. In the event of a tie vote for any office the Election Committee shall call for a special election on the second Monday after the Post Adjutant notifies all members of the said Special Election. Notification may be by Post e-mail. Only the candidates who tied for office will be required to run again in the special election. No other candidates, other than those who ran in the initial election may run in the special election.
Section 3. In the event of a continuing tie for the Office of any office, the Election Committee may call for a vote by hand of members present at the end of the Special Election Meeting. If a tie continues, The Executive Committee will elect the new officer(s) from the candiates that are running for said office.
Section 4. All vacancies, except the Post Commander, existing in any office of the Post from any cause other than the expiration of the term, shall be filled by the appointment of the Executive Committee. Any Person so appointed or elected shall hold office for the expired term of office. The word “Office” shall apply. A vacancy shall exist when a member of a committee or an officer is derelict in performing his/ her duties and or is absent from his post for a continuous period considered detrimental to the interest of the Post by either the Executive Committee or from the floor during a regular meeting. Absence through two (2) consecutive meeting may constitute cause for removal.
Section 5. Written notification by the adjutant to the Officer involved that his/her presence is requested at the next regular meeting shall be a pre-requisite to removal by the above procedure.
Section 6. The Post Commander, immediately upon taking office each year, shall appoint the following committees: Activities, Publicity, and Visiting Guest, plus a member as Chairman for each Committee set up by the Department of Indiana. Such committees shall consist of such members and the Chairman thereof shall be designated by the Post Commander. In addition, the Post Commander must confirm that the following actions are complete within two (2) weeks of installation into office.
A. File Officer and Delegate Reports with the Adjutant, Department of Indiana.
B. Contact Bank(s) and /or Financial Institution(s) and submit new signature cards for accounts(s)
C. Renew necessary bond(s)
Section 7. The Post Executive Committee shall meet for organization and such other business as may come before it on the call of the Commander within Ten (10) days after the installation of Officers. The Executive Committee will meet each month prior to the regular monthly meeting. An emergency Executive Committee meeting may be scheduled by the Post Commander, or upon written request by three (3) members of said committee. Five (5) members must be present to constitute a quorum of an Executive Committee meeting.
Article IV
Section 1. It shall be the duty of the Post Commander to preside at all meetings of the Post, and have general supervision over the business and affairs of the Post, and to promote the programs and ideals of the American Legion in the community. The Post Commander shall be the Chief Executive Officer of the Post. All Post employees will report to the Post Commander and/or his designee(s).
Section 2. The First Vice Commander shall assume and discharge the duties of the office of Commander in the absence or disability of the Commander, or when called upon to do so by the Commander. The First Vice Commander shall also serve as membership chairman. The First Vice Commander shall serve his/her Commander with faithful and diligent effort.
Section 3. The Second Vice Commander shall assume and discharge the duties of the Commander during the absence of, or disability of both the Commander and the First Vice Commander to the best of his/her ability. The Second Vice Commander should be interested in patriotic observances of all kinds. He/she should also be responsible for administering all entertainment venues at the Post sponsored by the American Legion.
Section 4. The Adjutant shall be appointed to a one (1) year term of office by the Commander. The Adjutant shall have charge of and keep a full and complete record of all proceedings of all meetings, keep such records as the Department shall require, and handle all correspondence of the Post. The Adjutant shall also be responsible for the receipt of membership dues, the deposits of same, maintenance of an up to date membership roster, and the issuance and mailing of all membership cards in a timely manner.
Section 5. The Finance Officer shall be elected to a one (1) year term of office. The Finance Officer of the Post shall have charge of all finances and see that they are safely deposited in the designated bank(s) and is charged with the payment of all authorized debts. The Finance Officer is the sole disbursing officer for the Post, and shall issue all checks. All checks must also be co-signed by the Post Commander. If the Finance Officer of the Post Commander is unavailable, then and only then, an appointed designee of the Executive Committee may co-sign a check. The Finance Office shall report once a month to the Executive Committee and the membership, the condition of the finances of the Post, with such recommendations as he/she may deem appropriate and expedient or necessary for the raiding of funds with which to carry on the activities of the Post. The Finance Officer shall furnish such surely bond in the amount set by the Executive Committee. Such bond will be paid from the Post general fund.
Section 6. The Post Chaplain shall be charged with the Spiritual welfare of the Post Comrades and shall offer Divine and non-sectarian service in the event of dedications, funerals, public functions, and similar occasions, adhering to the ceremonial rituals as recommended by the Department and National Headquarters.
Section 7. The duties of the Service Officer shall be to serve all members of the American Legion with regard to their Veterans Rights within the scope, laws, and regulations as set forth in State and Federal Statutes.
Section 8. The Sergeant of Arms shall preserve order at all meetings and shall perform such other duties as may be assigned to him/her by the Executive Committee. The Post Sergeant At Arms shall check membership cards, and shall allow paid up members only to attend Post meetings. The Sergeant At Arms shall also insure all members in good standing sign-in in the Post 470 Attendance Log Book. This log book will be kept by the Post Adjutant. A report to the Commander shall be required prior to the beginning of any meeting of the Post. The Sergeant At Arms is given charge of the stand of Colors which will be properly displayed at all Post meetings and ceremonial occasions. The Sergeant At Arms is also charged with the responsibility for, and care of the firearms, helmets and associated gear used by the Color Guard and/or firing squad.
Section 9. The Judge Advocate shall be charged with the Judicial government of the Post. The Judge Advocate shall be appointed by the Commander and approved by the Post membership in a regular meeting.
Section 10. The Post Historian shall be charged with keeping an accurate history of the Post by preparing a Historian’s Book of Record for the year of his elected service. The book shall include a detailed narrative history of important events, meetings, decisions and charitable donations through the year. The book will also include a scrapbook of photos of significant events at or associated with the Post.
Article V
Section 1. All resolutions of State and National scope presented by a member or reported to the Post by a committee, shall be voted on at a regular meeting, and if adopted, shall be forwarded to the District resolution committee for appropriate action.
Article VI
Section 1. The regular meeting of the Post shall be held at the Post home on the second Monday evening of each month, at a time certain, at which time any business may be transacted as might be brought before the membership for action.
Section 2. Ten (10) members shall constitute a quorum at the regular meeting of which five (5) Post Officers must be included.
Section 3. The Post Commander or the Executive Committtee shall have the power to call a special meeting at any time, either by mail or advertisement, provided all members are given three (3) days notice of said meeting. Notification may be by Post e-mail.
Section 4. Upon written request of fifteen (15) members, the Executive Committee shall call a special meeting of the Post under the provisions set forth in these by-laws.
Section 5. Ten (10) members shall constitute a quorum of the special meeting.
Section 6. No members of this Post shall have a vote on any business in which said member stands to have financial gain
Article VII
Section 1. Every member of the Post shall furnish the Post Adjutant with his/her address and e-mail address (if applicable) for mailing purposes.
Section 2. The Post Adjutant shall send notice of all annual election at least two (2) weeks prior there to notification may be by Post e-mail.
Article VIII
Section 1. All proceedings of the Post shall be conducted according to “Robert’s Rules of Order” except as otherwise provided herein. The Commander shall rule out of order, and order stricken from the minutes any business conducted not conforming to the rules.
Article IX
Section 1. The Post shall incur, or cause to be incurred, No liability no obligation whatever which shall subject to liability any other Post, subdivision, group, members of the American Legion, or other individuals corporations, or organizations, nor shall any office, or member incur same which obligates the Post.
Article X
Section 1. These bylaws may be amended at any regular Post meeting by a vote of a two-thirds majority of the members of the Post present at such meeting, provided that the proposed amendment shall have been submitted in writing and read at the preceding regular meeting, and provided further that the written notice has been given to all members at least twenty (20) days in advance of the date when such amendments shall have second reading and be voted upon at such meeting. Notification may be by Post e-mail.
Declaration and Proclamation of Ratification
This Constitution and Bylaws, having been read, the first reading, and according to the provisions set forth in the Post Constitution, and the Post Bylaws, respectively, having notice been given to the membership and the read, the seconding reading, wherein, I, the Adjutant of the Post, having certified that the membership of this Post, having adopted the Constitution and Bylaws the 14th Day of February 12, 2018, by vote, do hereby Declare this Constitution and Bylaws Ratified , and shall be adopted and in force as the Constitution and Bylaws of the Lowell Beaver Post 470. The American
Legion, Department of Indiana, incorporated Respectfully Submitted,
For the Bylaws Committee Post Commander