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 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 William E. Dillard Post 104, Inc., The American Legion,  Department of North Carolina.


Article II—Objects

Section 1.  The objects and purposes of this Post shall be to promote the principles and policies as set forth in the foregoing preamble, and the national and Departmental Constitutions of The American Legion.


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.

Sec. 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.

Sec. 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.


Article IV—Membership

Section 1. Eligibility to membership in this Post shall be as prescribed by the National Constitution of The American Legion.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.


Article V—Officers

Section 1.  The administrative affairs of this Post of The American Legion shall, except as may be otherwise provided by the By-Laws, be under the supervision of an Executive Committee which shall consist of six members, all of whom are officers of the Post.  The term of office of members of the Executive Committee shall be for one year.  This Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.

Sec. 2.  The officers of this Post shall be a commander, a vice-commander, an adjutant, (who also serves as finance officer), a chaplain, a sergeant at arms and a veterans service officer, plus 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.

Sec. 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.

Sec. 4.  Every member of this Post in good standing shall be eligible to hold office in this Post.

Sec. 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 By-Laws.


Article VI—Finance

Section 1. The revenue of this Post shall be derived from membership or initiation fees, from annual membership dues, and from such other sources as may be approved by the Post Executive Committee.

Sec. 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.

Sec. 3.  The Post shall pay to Departmental headquarters the National and Departmental annual membership dues for every member of the Post.


Article VII—Charter Members

Section 1. Members who joined this Post prior to the issuance of its charter shall be known as charter members.


Article VIII—American Legion Auxiliary

Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of William E. Dillard Post 104, Inc., The American Legion.

Sec. 2.  Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.


Article IX—Amendments

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 North Carolina, 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.

Sec. 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 next preceding regular meeting of said Post, and providing, further, written notice shall have been given to all members at least 15 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.


Post By-Laws


Article I

Section 1.  The Post existing under these By-Laws is to be known as William E. Dillard Post 104, Inc., The American Legion, Department of North Carolina.

Sec. 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 an Executive Committee of six members, to be known as the “Executive Committee.”

Sec. 2.  The Executive Committee shall consist the major elected officers of the Post and together with any other officers of this Post shall be elected annually at the May meeting and take office at the meeting next following that of the election.  All elections of officers and executive committeemen shall be by a show of hands, except that a simple majority of those members present may vote to elect via secret ballot.  The candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates.

Sec. 3.  All vacancies existing in the Executive Committee, or in any office of the Post from any cause other than the expiration of the term, 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 the committee or officer who succeeded.  A vacancy shall exist when a member or officer is absent from the Post for a continuous period considered detrimental to the interest of the Post by the Executive Committee.


Article III—Post Executive Committee

Section 1.  The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post commander within 10 days after the installation of the new officers.  Thereafter the Post Executive Committee shall meet at the call of the commander and 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,  Four members of the committee shall constitute a quorum thereof.

Sec. 2.  The Post Executive Committee shall hire such employees as it may deem necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of Post funds; shall hear the reports of Post committee chairs; and, generally, shall have charge of and be responsible for the management of the affairs of this Post.


Article IV—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 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 Commander shall perform such other duties as directed by the Post.

Sec. 2.  Duties of Vice-Commander.  The 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.

Sec. 3.  Duties of Post Adjutant.  The 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, render reports of membership annually or when called upon at a meeting, and under direction of the commander handle all correspondence of the Post.  The Post 104 Adjutant will also serve as the Post Finance Officer.

Sec. 4.  Duties of the Finance Officer.  The Post Finance Officer shall have charge of all finances, shall insure that all monies are safely deposited in some local bank or banks, and once a month shall report to the Executive Committee and/or to the members gathered at a regular meeting, the condition of the finances of the Post, with such recommendations as may be deemed expedient or necessary for investing or 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, and shall furnish such surety bonds in such sum as shall be fixed by the Post Executive Committee.

Sec. 5.  Duties of Post Sergeant at Arms.  The Post Sergeant at Arms shall preserve order at meetings,  be charged with maintaining the colors and other ceremonial equipment of the post, secure the supplies of the Post, and shall perform such other duties as may properly pertain to the office as may be determined by the Post Commander or the Executive Committee.

Sec. 6.  Duties of Post Chaplain.  The Post Chaplain shall be charged with the spiritual welfare of the Post membership and will offer divine but nonsectarian service in the event of dedications, funerals, public functions, etc., and will adhere to such ceremonial rituals as are recommended by the National or Department headquarters from time to time.

Sec. 7. Duties of Veterans Service Officer.  The Post Veterans Service Officer shall be responsible for serving as a contact person to county veterans service officers on behalf of Post members and other veterans and their families, and shall perform such other duties as may be from time to time assigned by the Post Executive Committee.


Article V—Delegates

Section 1.  Delegates and alternates to a Department convention shall be elected by consensus by the Post members present at a regular meeting of the Post to be held at least 20 days prior to the date of such convention.


Article VI—Appointments

Section 1.  The Post Commander, immediately upon taking office each year, shall appoint such standing committees as are deemed necessary, after consulting with the Executive Committee members.  Such standing committees shall consist of such members, and the chair thereof, as shall be designated by the Post commander.

 

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 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 VIII—Meetings

Section 1.  The regular meeting of the Post shall normally be held on the second Monday of each month of the year, 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.

Sec. 2.  The Post Commander or a majority of the Executive Committee shall have power to call a special meeting of the Post at any time.

Sec. 3.  Upon the written request of five members, the Post Commander or the Executive Committee shall call a special meeting of the Post.

Sec. 4.  One tenth (10%) of the current year membership shall constitute a quorum at any special meeting.


Article IX—Notices

Section 1.  Every member shall furnish the Post Adjutant with an address for mailing.

Sec. 2.  The Post Adjutant may be directed by the Post Commander to give notice of the annual election or any special meeting to be given at least two weeks prior thereto.


Article X—Rules of Order

Section 1. All proceedings of this Post shall be conducted under and pursuant to Roberts’ Rules of Order, except as herein otherwise provided.


Article XI—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 XII—Amendments

Section 1.  These By-Laws 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 next preceding regular meeting of said Post: and, Provided, further, that written notice shall have been given to the membership at least 15 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 By-Laws is to be voted upon.  In the case of an emergency, as recognized by a majority vote of the Executive Committee, these advanced notice requirements may be waived by a unanimous vote of those attending such regular Post meeting.



Attest:  ________________________________________, Post Commander

  Roy E. Burnette

Attest:  ________________________________________, Post Adjutant

  James R. Nicholl


July 13, 2009

Sylva, NC

Constitution and By-Laws

William E. Dillard Post 104, Inc.

P. O.  Box 104, Sylva, NC 28779

Department of  North Carolina

(Last modified July 13, 2009)

Copyright © 2009, 2015.  Sylva American Legion - Post 104