Open for printable copy: /files/American_Legion_Post_364_By-Laws-1.pdf
CONSTITUTION OF BILL ROPER COUNTRY
POST NO. 364
CORPUS CHRISTI, TEXAS
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 all wars; to inculcate a sense of
individual obligation to the community, state and nation; to combat the autocracy of
both the classes and the masses; to make right the master of might; to promote peace
and good will on earth; to safeguard and transmit to posterity the principles of justice,
freedom and democracy; to consecrate and sanctify our comradeship by our devotion
to mutual helpfulness.
ARTICLE I -- NAME
Section 1.
The name of this organization shall be Bill Roper Country, Post No. 364, The
American Legion.
ARTICLE II-PURPOSE
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 Department
Constitutions of The American Legion.
ARTICLE III - NATURE
Section 1.
This Post is a civilian organization and membership therein does not affect
or increase liability for military or police service.
Section 2.
The American Legion, Department of Texas, 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/her military or naval title in any meeting of this Post.
ARTICLE IV—ELIGIBILITY AND MEMBERSHIP
Section 1.
An individual is eligible for membership in The American Legion only if the
individual: (1) has served in the Armed Forces of (A) the United States at any time
during: (i) the period of April 6, 1917, through November 11, 1918; or (ii) any time after
December 7, 1941; or (B) a government associated with the United States Government
during a period of time referred to in subsection (A) of this section and was a citizen of
the United States when the individual entered that service; and (2) was honorably
discharged or separated from that service or continues to serve honorably during or
after that period or time; provided, however, that such service shall have been
terminated by honorable discharge or honorable separation, or continued honorably
during or 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 themselves to military discipline or
unqualified service.
Section 2.
There shall be no form or class of membership except active membership.
Membership shall be only through a Post, and dues shall be paid annually or for life.
Section 3.
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 4.
All applications for membership and transfers into this Post shall be acted
upon at the next Post General Membership Meeting following the making of such
application or transfer, and shall, at such meeting, be accepted, rejected, or referred for
further investigation and consideration. If a majority of the members present at the
Post General Membership Meeting cast their vote against the acceptance of such
application, then such application shall be recorded as rejected.
Section 5.
No person may be a member at any one time of more than one Post in The
American Legion.
Section 6.
No person who has been expelled by a Post shall be admitted to
membership in another Post without the consent of the expelling Post, except that
where such consent has been denied by such Post, he may then appeal to the
Executive Committee of the department of the expelling Post for permission to be
admitted to membership in another Post and shall be ineligible for membership until
such permission is granted.
Section 7.
Each Post shall be the judge of its own membership, subject only to the
restrictions of the National and Department Constitution and By-Laws.
Article IV - Membership Transfers and Disciplinary Actions
Section 8.
Transfers
Any member in good standing, including those from Headquarters Post 345, who moves or transfers
to a Post closer to their residence shall be processed using The American Legion Member Data Form,
completed by the new Post, without the need for additional dues payment. The new Post will
determine its own membership in accordance with Article III, Section 5 of the Department of Texas
Constitution and Bylaws. Dues already paid will remain with the original Post, and the transfer will be
finalized upon the issuance of a new membership card.
Section 9.
Disciplinary Actions
A member of this Post may only face discipline in accordance with the Department Uniform Code of
Procedure for Disciplinary Actions.
Section 10.
Expulsion and Suspension
If a member is expelled during a disciplinary process, their membership will be suspended until their
final appeal is heard and a decision is made. If expelled, the individual will not be eligible for
membership in this Post for one year from the expulsion date, and reinstatement will only be possible
if their application is approved in line with the membership approval process.
Section 11.
Ineligibility Notification
If a Post determines that a member is ineligible, it must promptly notify the Department Adjutant in
writing, so their name can be forwarded to National Headquarters for removal from the membership
rolls. A member who fails to provide proof of eligibility within 30 days of a written request, sent via
certified mail with return receipt requested, will be presumed ineligible for membership in The
American Legion.
Article V - Officers
Section 1.
Post Executive Committee
The administrative affairs of this Post of The American Legion shall be overseen by a Post Executive
Committee, which will include at least two members in addition to the Post Officers, unless otherwise
specified in the By-Laws. The term of office for members of the Post Executive Committee shall be one
year. The Post may establish additional standing committees as needed by its business.
Section 2.
Post Officers
The officers of this Post shall include a Commander, a First Vice Commander, a Second Vice
Commander, an Adjutant, a Finance Officer, a Judge Advocate, a Historian, a Chaplain, a Sergeant at
Arms, a Service Officer, and any other officers deemed necessary by the organization.
Section 3.
Nominating Committee
A nominating committee shall be appointed by the Post Executive Committee to present their
nominations at the regular monthly meeting prior to the annual election of officers. Nominations may
also be made from the floor during that meeting and again at the annual election meeting.
Article VI - Governance and Finance
Section 4
All Officers and Executive Committee members shall be elected annually through a
majority vote via written ballots. This election will take place during a Post meeting
that occurs no less than fifteen (15) days prior to the Department Convention. The
newly elected officials will be installed by the first regular Post meeting in August
following their election. Only members holding current calendar year membership
cards shall have the right to vote in the election. They will serve until their successors
are duly installed. Any Post Officer or Executive Committee member may be removed
for cause by a two-thirds (2/3) vote of the Post Executive Committee. Membership is
entitled to attend the Post Executive Committee meeting without voice or vote. The
decisions made by the Post Executive Committee may be approved or reversed by
the Post membership during the next regular Post meeting where a quorum is
present.
Section 5
The duties of Officers and Executive Committee members shall include those typically
associated with such positions, along with any additional responsibilities outlined in
the By-Laws.
Section 6
Officers and Executive Committee members are expected to attend the regular
meetings of the Post and the Post Executive Committee. If any Officer or Executive
Committee member fails to attend three (3) consecutive meetings without providing
reasonable cause to the Post Adjutant or Post Commander, they may forfeit their
office. The Post Executive Committee will determine when an Officer's absence from
three (3) successive regular business meetings, without reasonable cause, warrants
the forfeiture of their position. They will also decide when to declare the office vacant
and when to arrange an election to fill the vacancy.
Section 7
In the event of a vacancy in any office for any reason, the vacancy shall be filled
during any regular meeting, provided that at least fifteen (15) days' notice of such an
election has been given to the members.
Article VI - Finance
Section 1
The revenue for this Post will be generated from annual membership dues and other
sources that receive approval from both the Post Executive Committee and the Post.
Section 2
- Membership Fees
The membership or initiation fees, along with the annual dues, shall be established and determined
by this Post.
Section 3
- Dues Payment
The Post is required to remit the Department and National annual membership dues to
Department Headquarters within thirty (30) days of receipt for each paid member of the Post.
ARTICLE VII - CHARTER MEMBERS
Section 1
Members who joined this Post prior to the issuance of a permanent charter are designated as
charter members.
ARTICLE VIII - AMERICAN LEGION AUXILIARY
Section 1
This Post acknowledges the existence of an auxiliary organization known as the Auxiliary Unit of Bill
Roper Country Post No. 364, The American Legion.
Section 2
Membership in the Auxiliary shall adhere to the guidelines set forth by the National and
Department of Texas Constitutions and By-Laws of The American Legion Auxiliary.
ARTICLE IX - AMENDMENTS
Section 1
This Constitution is adopted in accordance with the provisions of the National and Department
Constitution of The American Legion. Any amendment to the National or Department Constitution
that conflicts with these provisions will be considered to automatically repeal or modify the relevant
sections of this Constitution.
Section 2
Amendments to this Constitution may be made during any regular Post meeting with a two-thirds
(2/3) vote from the attending members. Proposed amendments must be submitted in writing to the
Post Executive Committee for approval. If rejected, either fully or partially, it may still be presented
at a regular Post meeting via a minority report. Furthermore, the proposed amendment must be
submitted in writing and read at the preceding regular meeting, and all members must receive
written notice at least fifteen (15) days prior to the meeting where the vote will take place,
informing them of the proposed constitutional amendment.
Section 3
Any matters not addressed by this Constitution will be governed by the Constitution of the
Department of Texas.
ARTICLE X- REAL PROPERTY
Section 1.
Real property owned by the Post or trustee of the Post may be sold, used as
collateral for a loan, encumbered with a lien leased or otherwise disposed of by
complying with the Department's "Guidelines for the Selling of Post Property" posted
on the Department's website (which include all requirements of Texas law for a
nonprofit corporation to convey real property thus protecting individual officers and
members of the Post from personal liability for the transaction and the requirements of
the Department and National Constitutions to protect the federal tax-exempt status of
the Post).
Section 2.
No real estate owned by this Post or trustee of this Post will be sold or used
as collateral for a loan without the approval of the Department Executive Committee or
where time is of the essence the Department Commander, who shall report said action
to the next Department Executive Committee meeting.
Section 3.
If Post real estate becomes encumbered with a lien, the Post will notify the
Department Adjutant within 7 days of receiving notice of the lien.
Section 4.
Upon acquiring any interest in real estate, the Post will notify the
Department of Texas.
ARTICLE XI-PROGRAMS
Section 1.
This Post may sponsor a Sons of The American Legion Squadron. Such
Squadron, once formed, shall be subject to the rules, regulations and supervision of
this Post as may be promulgated by the Post Executive Committee and ratified by the
Post Membership, and which shall not be in conflict with the rules and regulations set
up for the Sons of The American Legion by the National Executive Committee, The
American Legion.
Section 2.
Said SAL Squadron 364 may adopt its own Constitution and By-Laws, subject
to approval of same by the Post Executive Committee. Until SAL Squadron 364 adopts
its own Constitution and By-Laws, it shall be governed by this Post rules and
regulations, and by the recommended Constitution and By-Laws of a SAL Squadron as
has been approved by the Department Executive Committee, The American Legion,
Department of Texas.
Section 3.
Once created, this Post may cease its sponsorship of SAL Squadron 364 for
good cause, such as failure to maintain a minimum membership of at least ten (10)
members, failure to function, participating in activities illegal, immoral or opposed to
our form of Government and the American way of life, and in the discretion of the Post
Executive Committee, subject to ratification by the Post membership.
Section 4.
This Post may sponsor a Legion Riders Chapter. Such Chapter, once formed, shall be
subject to the rules, regulations and supervision of this Post as may be promulgated by the Post
Executive Committee and ratified by the Post Membership.
Section 5.
Said Legion Riders Chapter 364 may adopt its own Constitution and By-Laws, subject
to approval of same by the Post Executive Committee. Until Legion Riders Chapter 364 adopts
its own Constitution and By-Laws, it shall be governed by Post 364 rules and regulations.
Section 6.
Once created, this Post may cease its sponsorship of Legion Riders Chapter 364 for
good cause, such as failure to maintain a minimum membership of at least ten (10) members,
failure to function, participating in activities illegal, immoral or opposed to our form of
Government and the American way of life, and in the discretion of the Post Executive
Committee, subject to ratification by the Post membership.
Section 7.
The Legion Riders Chapter shall elect a Director from its membership. There shall be
a member of the Post appointed Liaison to the Legion Riders Chapter. Any Liaison appointed
shall report as directed by the Post Executive Committee concerning the Legion Riders Chapter
activities.
ARTICLE XII-SOCIAL MEDIA AND THE INTERNET
Section 1.
Social Media Guidelines. All members of this post and all participants in the
programs of this post are required to adhere to the Social Media Guidelines promulgated by
the Department of Texas.
Section 2.
Ownership of Domain Names and Social Media Accounts. Applicants for social media
accounts and registrants of domain names for this post or its programs are serving as agents of
this post and ownership of these account and domain names are vested in the post. Applicants
or registrants should obtain approval from the Post Executive Committee to establish a domain
name or social media account. Applicants or registrants shall, upon demand, transfer the
account or domain name to another individual designated by the Post Executive Committee.
BY-LAWS OF BILL ROPER COUNTRY
POST NO. 364
CORPUS CHRISTI, TEXAS.
ARTICLE I -- NAME
Section 1.
The Post existing under these By-Laws is to be known as Bill Roper Country
Post No. 364, The American Legion.
Section 2.
The objects of this Post are as set forth in the Constitution.
ARTICLE II -- MANAGEMENT
Section 1.
The government and management of the Post is entrusted to a Post
Executive Committee which shall consist of two (2) members in addition to the Officers
of this Post. They shall be elected annually as provided in Article V, Section 4, of this
Constitution, and all shall take office immediately upon installation.
Section 2.
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 Committee shall meet
at the call of the Post Commander at least once a month and as often as said Post
Commander may deem necessary. The Post Commander shall call a meeting of the
Post Executive Committee upon the joint written request of three (3) or more members
of said Post Executive Committee. A majority of the members of the Committee shall
constitute a quorum thereof.
Section 3.
The Post Executive Committee shall hire such employees as may be
necessary; shall authorize and approve all expenditures; shall require and approve
adequate bonds from all persons having the custody of Post funds; shall cause all funds
to be placed in the hands of the Post Finance Officer for deposit and accounting
purposes; 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. At the end
of each fiscal year, a review committee shall be appointed with the Post Judge Advocate
as Chairman to conduct a complete review of Post records before turning them over to
the new Post Finance Officer. Except for hiring and firing of employees, all actions of
the Post Executive Committee shall be submitted for approval to the membership at
the next regular membership meeting, in alignment with our form of Government and
the American way of life, and in the discretion of the Post Executive Committee, subject
to ratification by the Post membership.
ARTICLE III - DUTIES OF OFFICERS
Section 1.
Duties of Post Commander — It shall be the duty of the Post Commander to
preside at all meetings of the Post and to have general supervision over the business
and affairs of the Post, and such officer shall be the Chief Executive Officer of the Post.
The Post Commander shall approve all orders directing the disbursement of funds and
shall make an annual report covering the business of the Post for the year, and
recommendations for the ensuing year, which shall be read at the annual meeting and
a copy thereof immediately forwarded to the Department Adjutant. The Post
Commander shall see that this Constitution and By-Laws is observed. The Post
Commander shall perform such other duties as are directed by the Post.
Section 2.
Duties of Post 1st Vice Commander — The Post 1st 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 and shall be fully involved in,
and responsible for, all aspects of Post Membership. The Post 1st Vice Commander may
be assigned other such duties and assignments as deemed necessary by the Post
Commander.
Section 3.
The second 2nd Vice Commander — is responsible for building an "I like my
post because..." atmosphere in which Legionnaires have fun while doing the work of
the Legion. The commander depends on the second vice commander to help run the
programs that spice up meetings and attract attendance. The social calendar should be
filled months in advance with activities that will bring out the active members, as well
as those who are just member card carrying Legionnaires. One of the second vice
commander's first duties should be to contact other veterans and civic groups to see
that each patriotic holiday and observance receives the attention it deserves. He or she
will be concerned with the pageantry so closely associated with the Legion. The second
vice commander may not be in charge of the color guard or firing squad, but must
promote it. In the pursuit of "justice," the second vice commander is concerned with
the welfare of all veterans. The 2nd Vice Commander may be assigned other such
duties and assignments as deemed necessary by the Post Commander.
Section 4.
Duties of the Post Adjutant — The Post Adjutant shall have charge of and
keep a full and correct record of all proceedings of all meetings, keep such records as
the Department and National Organizations may require, issue membership cards,
handle certificates of transfer, render reports of membership annually or when called
upon at a meeting, and under direction of the Post Commander, handle all
correspondence of the Post. The Post Adjutant shall comply with Article V, Section 5,
Department Constitution. The Post Adjutant may be assigned other such duties and
assignments as deemed necessary by the Post Commander.
Section 5.
Duties of the Post Finance Officer – The Post Finance Officer shall have
charge of all finances and see that they are safely deposited in some local bank or
banks and shall report once a month to the Post Executive Committee and the Post, in
writing, the condition of the finances of the Post, with such recommendations as the
Post Finance Officer may deem expedient or necessary for raising funds with which to
carry on the activities of the Post. The Post Finance Officer shall sign all checks
disbursing the moneys of the Post, such checks to be countersigned by the Post
Commander, as authorized by the Post Executive Committee. The Post shall furnish
such surety bond in such sum as shall be fixed by the Post Executive Committee and
approved by the Post Judge Advocate and the Post Executive Committee. The Post
Finance Officer may be assigned other such duties and assignments as deemed
necessary by the Post Commander.
Section 6.
Duties of Post Judge Advocate – The Post Judge Advocate shall supply
professional advice in the conduct of the Post business, or to retain proper counsel.
The Post Judge Advocate shall be the Chairman of any committee concerning the
amendment of the Post Constitution or By-Laws. The Post Judge Advocate shall be in
charge of the annual review of the Post financial accounts as set out in Section 3, Article
II of these By-Laws and, together with the Post Executive Committee, shall approve
bonds required for Post officials handling Post money. The Post Judge Advocate shall be
responsible for the orderly conduct of disciplinary procedures. The Post Judge Advocate
may be assigned other such duties and assignments as deemed necessary by the Post
Commander.
Section 7.
Duties of the Post Historian – The Post Historian shall be charged with the
individual records and incidents of the Post and Post members and shall perform such
other duties as may properly pertain to the office as may be determined by the Post or
Post Executive Committee. The Post Historian may be assigned other such duties and
assignments as deemed necessary by the Post Commander.
Section 8.
Duties of Post Chaplain – The Post 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. The Post Chaplain may be assigned other such duties and assignments as
deemed necessary by the Post Commander.
Section 9.
Duties of Post Sergeant at Arms – The Post Sergeant at Arms shall preserve
order at all times and meetings and shall perform such other duties as may be from
time to time assigned to the Post Sergeant at Arms by the Post Commander or Post
Executive Committee. The Post Sergeant at Arms shall have charge of the Post Colors
and shall not display or permit them to be displayed without specific authority of the
Post Commander. The Post Sergeant at Arms maybe assigned other such duties and
assignments as deemed necessary by the Post Commander.
Section 10.
Duties of Post Service Officer -- The Post Service Officers shall comply with
the Service Officer's Manual and Post Officers Guide of The American Legion, and
recommendations of National and Department Headquarters, and needs of this Post.
The Post Service Officer maybe assigned other such duties and assignments as deemed
necessary by the Post Commander.
ARTICLE IV - DELEGATES
Section 1.
Delegates and alternates to a Department, Division, or District Convention
shall be elected by the Post at a regular meeting of the Post to be held not less than
fifteen (15) days prior to the date of such convention. However, the Post, by two-thirds
(2/3) vote of members present may authorize the Post Commander to appoint said
delegates. The Post Commander shall, immediately upon their election or appointment,
designate the chairman. Alternates for delegates shall have all the privileges of
registered delegates except that of voting. A registered delegate is one who has
received his/her credentials after his/her registration fee has been paid.
Section 2.
Each duly registered delegate shall be entitled to one vote. At the time the
delegates are elected, the Post will select either the Pro-Rata Rule or the Modified Unit
Rule, as described below, as the method of voting for those delegates who do not
attend the convention.
a. Modified Unit Rule Each duly registered delegate shall be entitled to one vote, unless
there are less delegates than votes. Under those circumstances, each delegate will cast
one vote, then any votes of absent delegates will be cast, in their entirety, in
accordance with the majority of the delegates in attendance.
b. Pro Rata Rule Each duly registered delegate shall be entitled to one vote, unless
there are less delegates than votes. Under those circumstances, each delegate present
will be entitled to a portion of the total number of votes allocated to the Post that is
directly proportionate to the percentage that the delegate represents of the total
delegation present.
Section 3.
The chairman of the delegation shall cast the entire delegate vote on any
convention matter, after first polling the delegates present, so as to reflect the vote of
each delegate present.
ARTICLE V - DUES FISCAL YEAR
Section 1.
Annual dues shall be as prescribed by the Post and shall be payable on or
before October 20th of each year for the succeeding calendar year. A member whose
dues for the current year have not been paid by January 1st shall be classed as
delinquent. If dues are paid on or before February 1st, the member shall be
automatically reinstated. If still delinquent after February 1st, the member shall be
suspended from all privileges. If under such suspension on June 30th of that year, the
member's membership in The American Legion shall be forfeited. A member so
suspended or whose membership has been forfeited may be reinstated to active
membership in good standing by vote of the Post and payment of current dues for the
years in which reinstatement occurs.
Section 2.
The Chairman of the membership committee may recommend to the Post
Executive Committee the names of members whose dues shall be paid by the Post,
with reasons for such recommendation. The Post Executive Committee shall have the
power to approve or reject such recommendations except for new members and
transfers.
ARTICLE VI - POST COMMITTEES APPOINTMENTS
Section 1.
The Post Commander, immediately upon taking office each year, shall
appoint such standing committees as deemed necessary for the efficient operation of
the Post, such as those listed in the Post Officers Guide; the Post Commander shall also
appoint other committees as deemed necessary from time to time. All of these
committees shall consist of members and the chairman thereof as designated by the
Post Commander and confirmed by the Post Executive Committee.
Section 2.
The duties and functions of the respective Post committees shall be in
accordance with the current Post Officers Guide of The American Legion and with the
recommendations of National and Department Headquarters.
ARTICLE VII - 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 a copy shall be forwarded to the Department
Headquarters for its approval before any publicity is given or action other than mere
passage by the Post is taken.
ARTICLE VIII - MEETINGS
Section 1.
The regular and special meetings of the Post shall be held at Bill Roper
Country Post 364, located at 5323 Kostoryz Road, Corpus Christi, Texas, or as otherwise
designated by the Post Commander. At these meetings, business may be transacted,
minutes of the previous meeting and all Post Executive Committee meetings since the
last regular meeting may be approved. Meetings can be converted into entertainment
meetings as deemed advisable by the officers of the Post. Regular meetings shall follow
the procedures outlined in the current Manual of Ceremonies.
Section 2.
The regular business meetings of the Post shall be as determined by the
Post. Other business or social meetings may be held as directed by the Post
Commander and the Post Executive Committee.
Section 3.
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 4.
Upon the written request by signed petition of at least five (5) members in
good standing of this Post delivered to the Post Commander, requesting a special
meeting of the Post, the Post Commander shall call the special meeting within not less
than seven (7) days, nor more than fourteen (14) days after receiving the petition. The
petition must state the purpose for which the meeting is requested, and matters not
related to this purpose shall not be considered. Notices given to the membership of the
meeting shall state the subject matter to be discussed. The Post Commander or a
majority of the Post Executive Committee may call a special meeting of the Post, and
the notice of the meeting sent to the membership shall include the subject matter to be
discussed, and other unrelated matters shall not be discussed.
Section 5.
At least four (4) members in good standing shall constitute a quorum at any
regular or special meeting of the Post.
Section 6.
In the event of a public emergency or natural disaster that makes holding an
in-person meeting unlawful or impossible, the Post may conduct its meeting by
electronic or other remote access means as reasonably necessary for the duration of
the emergency or disaster. The Post shall use its best efforts to implement any such
virtual meetings with full regard for the need to maintain as much as possible.
"Accessibility for all members, including those with disabilities and those who lack
access to sophisticated technology.
Any action that could be taken at an in-person meeting, such as the amendment of the
constitution and by-laws, may also be taken at a virtual meeting held pursuant to this
provision.
Any action taken at such a virtual meeting shall be ratified at the first regular in-person
post meeting.
During a virtual meeting, the post adjutant shall ensure that all participants are
members in good standing and that a quorum is present.
The post commander shall determine the need for a virtual meeting.
If there is a vote, the Adjutant must make a record of the vote and ensure that every
voter is sufficiently identified and a member of the Post in good standing.
ARTICLE IX - NOTICES
Section 1.
Current Address Policy - Every member shall furnish the Post Adjutant with
their address for mailing purposes. Notices sent to the last known address shall
constitute sufficient legal notice.
Section 2.
Annual Election Policy - The Post Adjutant shall cause written notice of the
annual election to be given at least one (1) regular Post meeting prior to the election
date, but in no event less than fifteen (15) days prior to the election date.
Announcement of the election should also be made public by posting said notice on the
Post's website, monthly newsletter, local newspaper covering the Post's membership
area, email, or other electronic communications, presently existing or existing in the
future; however, this shall not relieve the Post of sending postcards, by United States
Mail, postage prepaid, as previously stated above.
Section 3.
Statement of Nondiscrimination - In its efforts to promote
nondiscrimination, the Post does not discriminate on the basis of race, religion, color,
national origin, gender, sex, or disability in accordance with Title VI of the Civil Rights
Act of 1964, as amended.
Section 4.
Whistleblower Protection Policy - Neither the Post Commander, Post officers,
nor Post Executive Committee shall unlawfully retaliate against any member for
bringing a grievance or complaint under these By-Laws."
Section 5.
Conflict of Interest Policy – No person in a position of authority over the
Post, such as the Post Commander, Post Officers, or members of the Post Executive
Committee, may benefit personally from a decision they could make.
Section 6. Written Documentation Retention/Destruction of Confidential and Sensitive
Documents Policy – Any person that possesses or maintains such information is
required to take reasonable measures to protect against unauthorized access to, or use
of, the information in connection with its disposal. In addition, Sarbanes-Oxley requires
that records be retained for all audits and legal proceedings.
Section 6 a.
Record Types and Retention Periods:
Accounts Payable/Receivable Ledgers – 7 years
Audit Reports of Accounts – Permanently
Bank Statements – 7 years
Contracts and Leases – Permanently
Correspondence (Legal) – Permanently
Membership Applications – 3 years
Insurance Records – Permanently
Tax Returns – 7 years
Training Manuals – Permanently
Section 7.
IRS Authority to Request Information (Public Disclosure Policy) – The Post
must make available for public inspections IRS annual returns and applications for
exemption, and must provide copies of such returns and applications to individuals
who request them. Copies usually must be provided immediately in the case of in-
person requests, and within 30 days in the case of written requests. The tax-exempt
organization may charge a reasonable copying fee plus actual postage, if any.
Section 8.
IRS 990 Compliance Policy – The IRS Form 990 must be filed annually by the
15th day of the 5th month after the close of the tax year. The Pension Protection Act
requires the IRS to revoke the tax-exempt status of any organization that fails to meet
its annual filing requirement for three consecutive years.
Section 9.
Review of Form 990 by Executive Committee – The Post Finance Officer will
create a timeline for compliance in February following the previous tax year. Data will
be gathered to complete the IRS Form 990 and shared with the Post Executive
Committee no later than the Post Executive Committee meeting preceding the next
general meeting. The Post Executive Committee will review the completed IRS Form 990
annually before it is sent to the IRS.
ARTICLE X — RULES OF ORDER
Section 1.
All proceedings of this Post shall be conducted under and pursuant to
Robert's Rules of Order, Newly Revised, except as herein otherwise provided.
ARTICLE XI — LIMITATIONS OF LIABILITIES
Section 1.
This Post shall incur, or cause to be incurred, no liability, nor obligations
whatsoever which shall subject to liability any other Post, subdivision, group of men or
women, members of The American Legion, or other individuals, corporation, or
organization.
ARTICLE XII — AMENDMENTS
Section 1.
These By-Laws may be amended at any regular Post meeting by a vote of
two-thirds (2/3) of the members of said Post attending such regular meeting; provided
that the proposed amendment shall have been submitted in writing to the Post
Executive Committee in session and approved by it; or if rejected in whole or in part, it
may be taken to a regular Post meeting on a minority report; and provided that the
proposed amendment shall have been submitted in writing and read at the next
preceding regular meeting of said Post, and provided, further, that written notice shall
have been given to all members at least fifteen (15) days in advance of the date when
such amendment is to be voted upon, notifying all said members that at such meeting
a proposal to amend the By-Laws is to be voted upon.
POST CERTIFICATION
The following officers of Bill Roper Country, Post No. 364, The American Legion, hrehy
certify that the foregoing Constitution and By-Laws, after the notice wen given to all
members, was adopted at a regular meeting of this Post held on the 6
day of
November, 2024, A. D.
DEPARTMENT CERTIFICATION
Approved by the Department Judge Advocate on the
28th
day of
February
20
25
, A. D.
POST COMMANDER
ATTESTED:
POST JUDGE,ADVOCATE
DEPARTMENT JUDGE,ADVOCATE