THE AMERICAN LEGION
DEPARTMENT
OF MARYLAND
BERNARD L. TOBIN POST
128
ABERDEEN, MARYLAND 21001
(Proposed – Jan 97)
(Ratified – 21 Jan 97)
CONSTITUTION AND BY-LAWS
CONSTITUTION
PREAMBLE
For God and Country, we associate ourselves together for the following purposes:
To uphold and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate a one hundred percent Americanism; to preserve the memories and incidents of our associations in the Great Wars; to inculcate a sense of individual obligation to the Community, State and Nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to prosperity 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 The American Legion, Bernard L. Tobin Post 128, Incorporated, Department of Maryland.
ARTICLE
II
OBJECTS
SECTION 1. The objects and purposes of this Post shall be to promote the principles and policies as set forth in the foregoing Preamble, and the National and Departmental Constitution of the American Legion.
ARTICLE
III
NATURE
SECTION 1.
This Post is a civilian organization and membership therein does not
effect or increase liability for military or police service.
SECTION 2. This organization shall be absolutely non-political and non-sectarian 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 or her military title in any meeting of this Post.
ARTICLE IV
MEMBERSHIP
SECTION 1.
Any person shall be eligible for membership in this Post of the American
Legion who was a member of the Army, Navy, Marine Corps. Coast Guard or Air
Force of the United States and assigned active duty at the times set forth by
National Headquarters.
SECTION 2.
There shall be no form of membership except an active membership as
herein provided, and dues shall be paid annually or for life.
SECTION 3.
No member shall be a member at any time of more than one Post.
SECTION 4. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by this Post, and shall be acted upon by this Post. Each member shall be notified and instructed within one (1) year after acceptance. A rejected application shall not again be considered until the expiration of six (6) months from the date of said rejection.
SECTION 5.
An application for membership in this Post who has been suspended from
another Post of the American Legion for misconduct or misrepresentation shall
not be admitted in this Post until a thorough investigation has been made by the
Post Executive Committee, who shall then recommend what they deem advisable.
SECTION 6. Any member of this Post may be expelled or suspended for cause by a two-thirds vote of the Executive Committee. The procedure shall include the filing of written charge in triplicate, verified by affidavit to the accuser, serving on the accused a copy of the charges, and notice of the hearing at least fifteen (15) days prior to the date of the hearing. A hearing before the Post Executive Committee with an opportunity to both sides to present witnesses, who shall be sworn. The right to the accused to challenge for cause not more than two members of the Executive Committee. The finding of the Executive Committee shall be in writing and a copy of said findings be furnished the accused.
To expel a member of this Post of the American Legion,
two thirds of the members of the Executive Committee who heard the case must
vote in the affirmative. Any member who has been expelled or suspended shall
have the right to appeal to the Department Executive Committee. Such an appeal
shall be taken in writing within forty (40) days after the judgment of the
expulsion or suspension. Pending the determination of such appeals such member
shall stand expelled or suspended as the case may be.
SECTION 7. A member who has been expelled or suspended from this Post for any cause may be reinstated to membership by two thirds vote of the total membership of the Post Executive Committee, provided however, that he or she shall make payment of any arrears of his or her dues at the time of the expulsion or suspension and also other regular dues which have been payable in the interval between their expulsion or suspension and their reinstatement.
ARTICLE V
OFFICERS AND ELECTIONS
SECTION 1.
The administrative affairs of this Post of the American Legion shall,
except as may be otherwise provided for in the Post By-Laws, be under the
supervision of the Post Executive Committee which shall consist of three (3)
members in addition to the Officers of this Post, the Department
Executive Committee (D.E.C.) person, all Department Officers, and Past Post
Commanders. The term of office of members of the Executive Committee, including
Officers, shall be for one (1) year. This does not apply to Past Post
Commanders. This Post, by its By-Laws, may provide for such other standing
committees as the business of the Post may require.
SECTION 2.
The Officers of this Post shall be a Commander, First Vice Commander,
Second Vice Commander, Third Vice Commander, Finance Officer, Judge Advocate,
Historian, Chaplain, Sergeant-At-Arms, Adjutant, Service Officer, and Department
Executive Committee person.
SECTION 3. All Officers, except the Adjutant and the Service Officers who shall be appointed by the Commander Elect, shall be elected annually at the Regular meeting in May prior to the State Convention. Officers Elect must be installed within twenty (20) days after the completion of said State Convention. They shall hold office until their successors are duly elected or appointed and installed. Any Officer or Executive Committeeman may be removed by the Executive Committee for inefficiency or other cause. A two-thirds vote of the remaining members of the Executive Committee being necessary to effect such removal. This does not apply to Past Post Commanders.
SECTION 4.
Every member of this Post in good standing shall be eligible to
hold office.
SECTION 5.
The duties of the officers and the Executive Committee shall be those
usually appertaining to such officers and committees and as provided for in the
By-Laws.
SECTION 6. Nominations and Elections shall be held annually in accordance with the By-Laws of this Post.
ARTICLE VI
FINANCE
SECTION 1.
The revenue of this Post shall be derived from annual membership dues and
from such other sources as may be approved by the Executive Committee or by the
Post.
SECTION 2.
The amount of such annual membership dues shall be fixed and determined
by the Post.
SECTION 3. The Post shall pay to Department Headquarters the National and Departmental annual membership dues for every member of this Post.
ARTICLE VII
CHARTER MEMBERS
SECTION 1. The membership in good standing for the year 1936 shall constitute the Charter Membership of Bernard L. Tobin Post No. 128, the American Legion, Department of Maryland.
ARTICLE
VIII
THE AMERICAN LEGION AUXILIARY
AND
THE SONS OF THE AMERICAN LEGION
SECTION 1.
This Post recognizes an Auxiliary organization to be known as Auxiliary
Unit of Bernard L. Tobin Post No. 128, The American Legion.
SECTION 2. Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion.
SECTION 3.
This Post recognizes the Sons of the American Legion organization to be
known as the Sons of the American Legion, Bernard L. Tobin Squadron No. 128.
SECTION 4. Membership in the Sons of the American Legion shall be as prescribed by the National Constitution and By-Laws of the Sons of the American Legion.
ARTICLE IX
AMENDMENTS
SECTION
1.
This Constitution is adopted to the provisions of the National
Constitution of the American Legion and the Department of Maryland, the American
Legion. Any amendment to said National 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 meeting by a vote of two thirds of the members of said Post attending such regular meeting providing that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post, and providing, further, that written notice shall have been given to all members at least five (5) 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. Providing however, no amendment shall be adopted inconsistent with the foregoing provisions of this Constitution except with prior written approval of the Department, Executive Committee. All amendments must be submitted to the Department Judge Advocate before being voted on by the floor of this Post.
THE AMERICAN LEGION
DEPARTMENT OF MARYLAND
BERNARD L. TOBIN POST 128
ABERDEEN, MARYLAND
CONSTITUTION AND BY-LAWS
BY-LAWS
ARTICLE
I
OBJECTS
SECTION 1. The objects of this Post are set forth in the Constitution.
ARTICLE
II
MANAGEMENT
SECTION 1.
The government and management of this Post and Club is entrusted to a
committee to be known as "The Executive Committee" which shall consist
of three (3) members in addition to the Officers, Department Executive Committee
person, all Department Officers and Past Commanders of the post. These three (3)
members shall be appointed by the Commander at the first regular Executive
Committee meeting of the Post Officers after the installation. These
appointments shall be subject to the approval of the Post Officers.
SECTION 2.
All elections of the Post Officers shall be made by secret ballot and/or
voting machine and the candidate receiving the highest number of votes shall be
declared elected to the respective office for which they were candidates.
SECTION 3.
Any vacancies existing in the Executive Committee, or in any other office
of the Post, for any cause other than the expiration of their terms shall be
filled by a majority vote of the remaining members of the Committee, and a
person so appointed shall hold office for the unexpired term of the member of
officer whom they succeed. A vacancy shall exist when a member or officer is
absent from their post for a period of three consecutive executive meetings,
regular meetings, or combination of executive or regular meetings unless
properly excused and it shall be mandatory that this vacancy be filled at the
next regular meeting of the Executive Committee. This does not apply to Past
Post Commanders.
SECTION 4. Nominations and Elections:
Nominations: Nominations for all Officers will be opened
and closed at the regular meeting in April. No name shall be placed in
nomination without the consent of the nominee. Elections: Election of all
Officers will be held at the regular meeting in May.
SECTION 5.
Election Committee:
An Election Committee shall be appointed by the Post Executive Committee to consist of a Chairman and at least five (5) members. Committee will be charged with the supervision and orderly conduction of business on election day. Committee will have sufficient number of ballots. Permanent duties of the Election Committee will be 1) Have an up to date membership roster present to check the right of a member to vote, 2) Have a ballot box in place and guarded to receive ballots after members have voted. 3) Allow no one to enter the Hall while elections are in progress. 4) To count the ballots and/or count from the voting machine and post the results. 5) Voted ballots, results and a signed report of the Election Committee must be sealed in a packet and turned over to the Post Adjutant for safe keeping. The sealed packet can only be opened for verifying the vote by order of the Post Executive Committee. The packet is to be destroyed by fire after installation.
ARTICLE III
THE POST EXECUTIVE COMMITTEE
SECTION 1.
The Post Executive Committee shall meet for organization and such other
business as may came before it at the call of the Post Commander within ten (10)
days after their installation of the new Officers. Thereafter the Post Executive
Committee shall meet at the call of the commander at least once a month and as
often as the Commander may deem necessary. The Commander shall call a meeting of
the Post Executive Committee upon joint written request of three (3) or more
members of the Post Executive Committee. Seven (7) members of the Executive
Committee shall constitute a quorum thereof.
SECTION 2.
The Post Executive Committee shall hire such employees as may be
necessary. All expenditures shall
require approval of the Post Executive Committee and all Post bills shall be
paid by the Post Finance Officer. The Post Executive Committee shall require
adequate bond for all persons having custody of any funds of the Post or Club
and generally have charge of and responsibility for the management of the
affairs of the Post or Club.
SECTION 3.
The
Post Executive Committee shall appoint or hire a Club Steward.
The duties of the Club Steward will be outlined in the Standing Rules of
the Club. After approval such
Standing Rules that apply to the Steward shall become part of the By-Laws
(Article III-Section 3).
SECTION 4. All bills for service will be paid by check and all bills will be receipted when paid. All checks disbursing the funds of the Club shall be signed by the Commander and the Finance Officer. An elected or appointed member of the Post, approved by the Executive Committee may be authorized to validate checks in the absence of the Commander or the Finance Officer. An audit of accounts shall be made every three (3) months by the Legal Committee or by a professional auditor.
ARTICLE IV
DUTIES OF OFFICERS
SECTION 1.
Duties of the Post Commander:
It shall be the duty of the Post Commander to preside at all meetings of
the Post and to have general supervision over the business and affairs of the
Post, and shall be the Executive Officer of the Post. He shall approve all
orders emanating from National or Department Headquarters. He shall make an
annual report covering the business of the Post for the year and make
recommendations for the ensuing year which shall be read at the annual meeting.
He shall perform such other duties as directed by the Post,
SECTION 2.
Duties of the First Vice Commander:
The First Vice Commander shall assume and discharge the duties of the
office of Commander in the absence or disability of, or when called upon by the
Post Commander. He shall perform such other duties as directed by the Post
Commander. He shall be Chairman of the Membership Committee.
SECTION 3. Duties of the Second Vice Commander: The Second Vice Commander shall assume and discharge the duties of the office of the First Vice Commander in the absence or disability of, or when called upon by the Commander or the First Vice Commander in the absence ar disability of, or when called upon by either the Commander or in his absence or disability of the First Vice Commander, he shall assume and discharge the office of the Commander. He shall be the Veterans Administration Veterans Service (VAVS) Representative for Perry Point.
SECTION 4. Duties of the Third Vice Commander: The Third Vice Commander shall assume and discharge the duties of the Second Vice Commander in the absence or disability of, or when called upon by the Commander or the First Vice Commander, in the absence or disability of, or when called upon by either the Commander of in his absence or disability, the First Vice Commander or in his absence or disability the Second Vice Commander, he shall assume the duties of the office of Commander. He shall be the chairman of the Publicity Committee.
SECTION 5.
Duties of the Adjutant: The
Adjutant shall have charge of and keep a full and correct record of all
proceedings of all meetings. He/she shall keep such records as the National and
Departmental organizations may require, render reports of membership annually or
when called upon at a meeting, and under the direction of the Commander he/she
shall handle all correspondence of the Post. He/she shall originate the proper
membership card and records when authorized by the Membership Committee, and
shall make proper disposition of the cards and records.
SECTION 6.
Duties of the Finance Officer:
The Finance Officer of the Post shall have charge of all Post finances
and see that they are safely deposited in some local bank or banks authorized by
the Post Executive Committee and shall report once a month to the Executive
Committee the condition of the finances of the Post, with such recommendations
as he may deem expedient or necessary for raising funds with which to carry on
the activities of the Post. He shall be the chairman of the Finance Committee.
All checks disbursing the funds of the Post shall be signed by the Commander and
the Finance Officer.
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 with the individual records and incidents of the Post and Post member and
shall perform such other duties as may properly pertain to the office as may be
determined by the Post or by the Post Executive Committee.
SECTION 8.
Duties of the Service Officer: The duties of the Service officer
shall be to have charge of the Service Committee and the service work of the
Post.
SECTION 9.
Duties of the 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., and adhere to such ceremonial rituals as are recommended by the National
or Department Headquarters from time to time. He shall be the Chairman of the
Visiting Committee.
SECTION 10. Duties of the Sergeant-at-Arms:
The Sergeant-at-Arms shall preserve order at all meetings and shall
perform such other duties as may from time to time be assigned to him by the
Post Executive Committee.
SECTION 11. Duties of the Judge Advocate: The Judge Advocate shall advise the Post Officers and the Post Executive committee- on all legal matters, including the construction and interpretation of the Post Constitution and By-Laws and shall be Chairman of the Legal Committee.
ARTICLE
VI
APPOINTMENTS
SECTION 1.
The Post Commander, immediately upon taking office each year, shall
appoint the following committees: Membership, Finance, Legal, Publicity,
Service, Visiting, House, Americanism, Athletic and such other committees as may
be authorized by the Post. Such standing committees shall consist of such
members and the Chairman thereof as shall be designated by the Post By-Laws or
by the Post Commander.
SECTION 2.
Membership Committee: The
Membership Committee shall have charge of all matters pertaining to membership
of the Post including the procuring of new members, reinstatements and
eligibility of members, as set forth in the Constitution. It shall be the
responsibility of the Membership Committee to screen any person applying for
membership regardless of race, creed, color or national origin, who must be
sponsored by a member in good standing.
SECTION 3.
Finance Committee: The
Finance Committee shall be charged with the administration of the financial
policy, preparation of the budget recommendations, and supervision of receiving,
disbursing and accounting of all the Post funds.
SECTION 4.
Legal Committee: The
Legal Committee shall be charged with the legal supervision of the Post affairs
and audit of the Post financial accounts at least once a year.
SECTION 5.
Publicity Committee: The
Publicity Committee charged with the promotion of the public support of the
programs by establishment of proper contact with the Legion Monthly, Department
and National news service and publicity of the Post programs and activities.
SECTION 6.
Service Committee: The
Service Committee shall supervise all matters pertaining to service to comrades
in the prosecution of all just claims against the United States Government,
employment, relief, etc. and community welfare matters.
SECTION 7.
Visiting Committee: The
Visiting Committee is charged with the visiting and comforting of members and
their families when sick or bereaved and with visiting ex-service men and women
in nearby hospitals.
SECTION 8.
The House Committee: The
House committee shall be charged with all matters pertaining to the care of the
Post Quarters, promotion of Club advantages, and arrangements for social
activities, and discipline of Club members.
SECTION 9.
Americanism Committee: The
Americanism Committee shall be charged with the inspiration of patriotism and
good citizenship by arrangements for proper observation of patriotic occasions,
encouragements of patriotic and civil phases of instruction in school,
Americanization of aliens, combating anti-American propaganda by education of
the general public in American ideals through public forms, etc., and activities
for the community and civil betterment.
SECTION 10. Athletic committee: The Athletic committee shall be charged with the promotion of physical development and clean sports by organization of Post athletic teams, recreation, etc., and by cooperation and support in general recreational and athletic programs of the community.
ARTICLE VII
RESOLUTIONS
SECTION 1. All resolutions of State and National scope presented to this Post by any member or reported to this Post by a committee shall merely embody the opinion of this Post on the subject and a copy of the 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 VIII
MEETINGS
SECTION 1.
The regular meeting of this Post shall be held at the Post Home or any
place selected by the Post Commander or by the Post Executive Committee, monthly
and no less than ten (10) meetings per year to transact any business as may be
properly brought up for action. Such meetings may be converted into
entertainment meetings as may be deemed advisable by the Post Executive
Committee.
SECTION 2.
The Post Commander or a majority of the Post Executive committee have the
power to call a special meeting of this Post at any time, notifying all members
of same.
SECTION 3.
Upon the written request of ten (10) or more members, the Executive
Committee shall call a special meeting of the Post, notifying all members of
same.
SECTION 4. Twelve (12) members shall constitute a quorum.
ARTICLE IX
NOTICES
SECTION 1.
Every member shall furnish the Post Adjutant with his or her mailing
address.
SECTION 2. The Post Adjutant shall cause notices of the annual election to be given at least two (2) weeks prior thereto.
ARTICLE X
RULES OF ORDER
SECTION 1. All proceedings of this Post shall be conducted under the pursuant to Robert's Rules of Order except as herein otherwise provided.
ARTICLE
XI
LIMITATION OF LIABILITIES
SECTION 1. This Post shall incur or cause to be incurred, no liability nor obligations whatever which shall subject any other Post, Sub-Division, group of men, 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 two thirds majority vote of the membership in
attending such meeting, and provided that the proposed amendments shall have
been read at the last preceding meeting of the Post, and provided further that
written notices shall have been given to all members at least five (5) days in
advance of the date such amendments are to be voted on, such notices shall
consist of the articles and sections to be changed, and provided that no
amendment to be adopted shall be inconsistent with the Constitution of the Post.
ADDENDUM TO STANDING RULES
1. After being appointed or hired the Club
Steward shall hold that office indefinitely or until removed for cause or by
resignation. He shall have general
supervision over the Club and its employees.
He shall pay all bills incurred by the Club, and see that all funds are
deposited in some local bank or banks as approved by the Post Executive
Committee. He shall keep records of all his activities for a review by the Legal
Committee or auditor.
2. Causes for removal; (a) disloyalty, (b) dishonesty, (c)
neglect of duties, (d) conduct unbecoming a member of the Post or Club.
3. Any action taken by the Post Executive Committee on any
of the above causes shall be final.
4. Any active member of the American Legion who has 50 years of continuous service, of which, the last 15 continuous years of service has been a member of this Post, their yearly dues will be paid by this Post.