Post 87 Arizona
MOHAVE VALLEY POST 87, THE AMERICAN LEGION, Department of Arizona,
Dated June 7, 2004
ARTICLE 1 – Name and Purpose
Section 1. The Post existing under these By-laws is to be known as Mohave Valley Post 87, THE AMERICAN LEGION, Department of Arizona.
Section 2. The objectives of this Post are as set forth in the Mohave Valley Post 87 Constitution.
ARTICLE 11 – Management
Section 1. The government and management of the Post is entrusted to an Executive Committee of fourteen (14) members, to be known as the “Executive Committee”.
Section 2. The Officers of the Post will consist of the Commander, First Vice Commander, Second Vice Commander, Adjutant, Finance Officer, Judge Advocate, Chaplain, Sergeant at Arms, Service Officer, and Historian. An Executive Committee shall consist of four (4) members in addition to the officers of the Post. One of the four Executive Committee Members will automatically be the immediate Past Post Commander.
Section 3. Each year the Officers and the three elected Executive Committee Members shall be nominated on the first Tuesday in April, elected on the first Tuesday in May, and all Officers and Executive Committee Members shall take office on the first Tuesday in June. All elections of Officers and the three (3) elected Executive Committee Members shall be by ballot and the candidate of candidates receiving the highest number of votes shall be elected to the respective office or offices for which they were candidates.
Section 4. The Nominating Committee shall consist of no less than three (3) members, one of which must be a member of the Executive Committee. The Commander will appoint the Nominating Committee on or before the first Tuesday in March each year. The Nominating Committee will announce its recommendations at the April meeting.
Section 5. All vacancies existing in any office of the Post or the Executive Committee from any cause other than the expiration of the term shall be filled by a majority vote of the remaining members of the Executive Committee. Any person so appointed shall hold office for the unexpired term of the Officer or Executive Committee member of the Committee.
ARTICLE 111 – 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 ten (10) business days after the installation of the new officers. Thereafter the Post Executive Committee shall meet regularly on the third Thursday of each month at the call of the Post 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. Five (5) members of the Executive Committee shall constitute a quorum for the purpose of conducting business. In no way shall the Executive Committee usurp the power of the membership.
Section 2. The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; and 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 the Post.
Section 3. The Commander can spend up to two hundred fifty dollars ($250) without preauthorization from the Executive Committee. Special projects can be exempt from this section by vote of the Post membership.
Section 4. The Commander will not have a vote in any Executive Committee proceedings except for the purpose of breaking any tied vote.
Article IV – Duties of the 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 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. This annual report and the Post Commander’s recommendations shall be read at the annual June meeting and a copy thereof immediately forwarded to the Department Adjutant. The Post Commander shall perform such other duties as directed by the membership of the Post.
Section 2. Duties of the First Vice Commander. The First Vice Commander shall assume and discharge the duties of the officer of Post Commander in the absence or disability of, or when called upon by the Post Commander. The First Vice Commander should be familiar with the ceremonial protocol for Post meetings and is the chair person for 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 of disability of the First Vice Commander. The Second Vice Commander is responsible for overseeing Post programs, activities, entertainment, social events, patriotic observances and pageantry, veteran’s affairs and rehabilitation. The Second Vice Commander chairs the House and Entertainment Committee.
Section 4. Duties of the 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.
Section 5. Duties of the Finance Officer. The Finance Officer of the Post shall have charge of all finances, including any bar accounts, and shall see that they are safely deposited in a local bank or banks and shall report once a month to the Executive Committee the condition of the finances of the Post, with such recommendations as may deem expedient or necessary for raising funds with which to carry on the activities of the Post. The Finance Officer shall insure sign all checks disbursing the monies of the Post are signed by two authorized Post officers, and shall furnish such surety bonds in such sum as shall be fixed by the Post Executive Committee.
Section 6. 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 and as may be determined by the Post or Executive Committee. The Historian is responsible for preparing the annual report to the Department Historian prior to the annual Department Convention.
Section 7. Duties of the Post Chaplain. The Post Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian 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.
Section 8. Duties of the Sergeant-at-Arms. The Sergeant-at-Arms is responsible for the arrangement of the meeting hall, is custodian of the colors, responsible for flag etiquette, shall preserve order at meetings, introduce and welcome new members and guests, and insure members and guests have valid membership cards. The Sergeant-at-Arms shall perform such other duties as may be from time to time assigned by the Post Executive Committee.
Section 9. Duties of the Judge Advocate. The Judge Advocate shall provide professional advice in the conduct of Post business or to procure proper counsel. He is the guardian of the constitutional form of Post government and should provide legal advice to the Service Officer and the Americanism Committee on matters relating to education and naturalization laws. The Judge Advocate is responsible for the annual audit of the Post financial account prior to the election of officers.
Section 10. Duties of the Service Officer. The Service Officer is responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted to them by law. The Service Officer must know how to utilize the expert services available through the Legion and the community agencies.
Article V – Delegates
Section 1. Delegates and alternates to a Department convention shall be elected by ballot by the Post at a regular meeting of the Post to be held at least 20 days prior to the date of such convention,
Section 2. The Commander is the first delegate to all Department functions.
Article VI – Appointments
Section 1. The Post Commander, immediately upon taking office each year, shall appoint the following standing committees: Americanism, Ceremonials, Children and Youth, Economic, Finance, Foreign Relations, Graves Registration, and Memorial, House and Entertainment, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, National Security, Sons of The American Legion, and Visiting of VAVA. Such standing committees shall consist of such members and the chair thereof, as shall be designated by the Post Commander.
Section 2. Americanism Committee. The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions, encouragement of patriotic and civic phases of instruction in schools, Americanization of aliens; combating anti-Americanism propaganda by education of the general public in American ideals through public forums, etc., and activities for community and civic betterment.
Section 3. Ceremonials Committee. The principal duty of the Ceremonials Committee is to insure all new members are properly initiated. The committee also concerns itself with proper presentation of other rituals outlined in the Manual of Ceremonies – burial detail and wearing of Legion regalia.
Section 4. Children and Youth Committee. Shall be charged with aid and service to children of veterans, cooperating with other established agencies in the community; laboring for the betterment of child conditions and in coordinating services and agencies in the community for the above purposes. To act as intermediary for the needy child of a veteran in obtaining the fulfillment of the Legion’s pledge that “no child of a war veteran shall be in need of the necessities of life” and “a square deal for every child”.
Section 5. Economic Committee. The Post Economic Committee is primarily concerned with local employment programs, Veterans preference, government employment and reemployment rights.
Section 6. Finance Committee. The Finance Committee shall be charged with the administration of the financial policy, preparation of budget recommendations and supervision of receiving, disbursing, and accounting of all Post funds.
Section 7. Foreign Relations Committee. This committee has become active, as America has recognized its responsibility as a world leader. Maintaining and securing world peace and friendship abroad through community endeavors have become as essential as any aspect of treaty law.
Section 8. Graves Registration and Memorial Committee. The duties of this committee involve recording of gravesites and complete information on veteran’s burial in cemeteries assigned to the Post. Special assistance can be given the Service Officer in providing flags, headstones, or proper internment in National cemeteries.
Section 9. House and Entertainment Committee. The duties of the House and Entertainment committee include promotion of club advantages and arrangement for social activities.
Section 10. The Legislative Committee needs to have knowledge of what is going on in Congress, what we favor or oppose, and should be ready to initiate action in support of our position when requested by the National or Department organization.
Section 11. 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.
Section 12. Public Relations Committee. The Public Relations Committee shall be charged with the promotion of public support of the Legion’s program by the establishment of proper contact with the American Legion Magazine, Department and National Legion news service, and by local publicity of Post programs and activities.
Section 13. Veterans Affairs and Rehabilitation Committee. The Veterans Affairs and Rehabilitation Committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or State government, employment, relief, etc.
Section 14. Security Committee. The Security Committee shall work with and coordinate Legion efforts with the Local Civil Defense Council on matters pertaining to National, Civilian, and home defenses. It shall assist the armed forces of the United States in recruiting efforts and in every way be active in community activities for the defense of the nation and the security of the American Home.
Section 15. Sons of the American Legion Committee. This committee shall have the supervision over the operations of the Post’s squadron of the Sons of the American Legion.
Section 16. Visiting or VAVS Committee. This committee is charged with visiting and comforting members and their families when sick or bereaved and with visiting ex-service personnel in nearby hospitals.
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 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 the Post shall be held on the first Tuesday of each month at the Post and may transact 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, or its members.
Section 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.
Section 3. Upon the written request of ten percent of the members, the committee shall call a special meeting of the Post.
Section 4. Ten members shall constitute a quorum to conduct Post business.
Article IX – Notices
Section 1. Every member shall furnish the Post Adjutant with an address for mailing.
Section 2. The Post Adjutant shall cause notice of annual election 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 (2/3) 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 all members at least fifteen (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.
Approved by a vote of two-thirds of the membership present on August 3, 2004.
Bill Davenport, Post Commander James W. Harbison, Adjutant
Approved by Department of Arizona
Date: August 3, 2004___________