Post 294 Constitution & By-Laws

CONSTITUTION AND BY-LAWS

ARTICLE I- NAME

SECTION I

The name of the Organization shall be the EDEN-STANLEY POST OF THE AMERICAN LEGION, DEPARTMENT OF NEW JERSEY.

SECTION 11

This Post is incorporated under the laws of the State of New Jersey, and the Certification of Incorporation, as amended, is filed in the Burlington County Clerks office, and the Secretary of the State’s Office.

ARTICLE II

Objectives

SECTION I

The objectives and purpose of this Post shall be to promote the principles and polices as set forth in the foregoing preamble, and the National Constitution of the American Legion.

ARTICLE Ill NATURE

SECTION I

This Post is a civilian organization and the membership therein does not affect or imply liability for military or police service.

SECTION 11

This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office.

SECTION 111

Rank does not exist in the American Legion; No member shall be addressed by their military title during any Post official business.

ARTICLE IV

Membership

Section I

Eligibility to membership in this Post shall be prescribed by the National Constitution of the American Legion. Application for membership shall be made in writing under such regulations as may be prescribed, from time to time by this Post.

Section II

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, or referred  for  further  investigation  and consideration  by vote. An application may be rejected by vote. A rejected application shall not again be considered until after the expiration of six months from the date of such rejection.

Section Ill

Any member of this Post may be expelled or suspended for cause as provided in the By-laws.

Section IV

Any person whose membership in this Post which has been suspended for cause may be reinstated to membership as set forth in Section II of this Article; provided however, that the member shall make payment of any arrears in their dues at the time of the separation, and also other regular dues which have been payable in the interval between their separation, and their  reinstatement; Provided  further that at least one year shall elapse after the expulsion before said application for reinstatement is made.

ARTICLE V

Administration and Officers

Section I

The administrative affairs of this Post of the American Legion, except as may be otherwise provided by in the By-Laws shall be vested in the Post meeting, This Post may provide for such standing committees as the business  of  the organization may require.

Section II

The Officers of this Post shall be a Commander,  Senior  and Junior  Vice Commander, Adjutant, Finance Officer, Chaplain, Historian, Service Officer, Sgt­ At-Arms, and Judge Advocate, and such other officers as may be deemed necessary by its organization, who shall be nominated and elected by the Post By­ laws or appointed by the Commander.

Section Ill

All officers and committees shall be elected annually and hold office until their successors are installed, or as otherwise provided. Any officer or member of any committee may be removed for inefficiency by the Post. A two third vote of those present at a general meeting being necessary to affect such removal.

Section IV

Each member of the Post in good standing, shall be eligible to hold office in this Post, except as otherwise provided in Article Ill, Section II hereof.

Section V

The duties of the officers and committeepersons shall be those usually pertaining to those officers and committees and as further provided in the By-Laws.

ARTICLE VI

Finance

Section I

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

Section II

The amount of such membership or initiation fee and the amount of such annual dues shall be fixed and determined by the Post and Executive Committee.

Section Ill

The Post shall pay to the County, Department and National Headquarters the annual per capita tax for each member of the Post.

ARTICLE VII AMERICAN LEGION AUXILIARY

Section I

The Post recognizes and authorizes the Auxiliary organization to be known as EDEN-STANLEY UNIT 294, AMERICAN LEGION AUXILIARY, DEPARTMENT OF NEW JERSEY.

Section II

Membership in the Auxiliary shall be prescribed by the National American Legion Auxiliary.

ARTICLE VIII

Amendments

Section I

This constitution is adopted subject to the provisions of the National Constitution of the American Legion, and of the Constitution of the Department of New Jersey American Legion. Any amendment to the National or Department Constitution, which is in conflict with any provision herein shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.

Section II

This constitution may be amended at any regular Post meeting by vote of two­ thirds of the members attending such regular meeting, providing that notice of the proposed amendment shall have been given, to all members at least five working days in advance of the date when the amendment is to be voted upon notifying all members that at such meeting a proposed amendment to the Constitution is to be voted, and the proposal shall be included in the notice.

BY-LAWS

ARTICLE I

Section I

The Post existing under these By-Laws is to be known as EDEN-STANLEY POST 294, The American Legion Department of New Jersey.

Section II

The objectives of this Post are as set forth in the Constitution.

ARTICLE II

POST EXECUTIVE COMMITTEE

Section I

The Post Executive Committee shall meet for organization and such other business as may come before it within 10 days after the installation of the new officers. Thereafter the Post Executive Committee shall meet at least quarterly or as the 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 the Post Executive Committee. Three members of the committee shall constitute a quorum.

ARTICLE Ill DUTIES OF OFFICERS

Section I

COMMANDER: It shall be the duty of the Post Commander to preside at all meetings of the Post, and to have general supervision over all business and affairs of the Post and such officer shall be the Chief Executive Officer of the Post. Shall submit a nomination for the Adjutant of the Post. Shall appoint three members of the House Committee for a term of three years, fill such vacancies as shall occur during his term of office. Any nominations and appointments becoming effective after meeting the approval of the Post. 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 ensuring year, which shall be read at the annual meeting and a copy immediately forwarded to the  Department of New Jersey Adjutant. Shall require reports to be submitted for  recognition  by the Post from all committees and the Finance Officer.

Section II

SENIOR 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. Shall serve as the Chairman of the Post Membership Committee.

Section Ill

JUNIOR VICE COMMANDER: There shall be a Junior Vice Commander for each three hundred members  or  portion thereof. The  Senior Junior  Vice  Commander shall assume the duties of the Senior Vice Commander in the absence or disability

of the Senior Vice Commander. Shall be the chairman of the committee for the Past Commanders and Presidents Dinner, and also act as the Liaison Officer to the Ladies Auxiliary SAL, and additional duties as assigned by the Commander.

Section IV

ADJUTANT: Shall be appointed by the new Commander and serve as an  officer  of the Post. 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 and under the direction of the Commander, handle the correspondence of the Post.

Section V

FINANCE OFFICER: Shall have charge of all finances and see that they are safely deposited in some local finance institution, and shall report once a month to the Post, with such recommendations as may deem necessary. He/she shall sign all checks disbursing monies. He/she shall be insured with a surety bond at the expense of the Post.

Section VI

SERVICE OFFICER: Shall be appointed by the Post Commander, and serve as an appointed officer of the Post. The Post Service Officer is responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted them by law. He/she must have the knowledge to utilize the  expert service available through the American Legion channels, as well as those of other agencies from the community. His/her is the  job  of  obtaining information from the full-tine professionals to make certain that all veterans and their dependents are adequately represented.

Section VII

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, ect., adhering to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time.

Section VIII

HISTORIAN: Shall be charged with the individual records and incidents of the Post and members, and shall perform such other duties as may be determined by the Post or Commander. Shall maintain the Post Library, compose two year books, one for the Post Library and one for the out-going Post Commander.

Section IX

SERGEANT-AT-ARMS: Shall arrange the meeting hall properly and assist the Post Commander and Adjutant in the preliminary arrangements for the meeting. Shall be custodian for weapons and colors and should be in charge of the color detail during the presentation and retirement ceremonies of the colors. Shall be flag etiquette person and should be well informed on proper flag display and procedures used in operating the meeting. Should play a leading part in the Post color guard, burial detail, and the other pageantry that is a part of the American Legion.

Section X

JUDGE ADVOCATE: Shall be appointed by the Post Commander, and be an officer of the Post. The duties of the Judge Advocate shall provide professional advice in the conduct of the business or to procure proper counsel. Shall be the guardian of the constitutional form of the Post.

Section XI

Delinquency or inefficiency of Officers; Any elected or appointed officer of member of any committee, who shall be absent for three consecutive regular meetings of the Post or his/her committee without cause, shall automatically

vacate the office or committee, upon a two-thirds vote of membership present at a regular meeting of the Post. Any vacancy occurring, by this section of the by­ laws, shall be filled upon recommendation by the Commander, subject to the approval of the Post.

ARTICLE IV

Membership and Discipline

Section I

Membership of the Post shall be governed in accordance with this Article and ARTICLE IV of the Constitution of Eden-Stanley Post 294.

Section II

Members as per Article IV, Section I of the Constitution and any other classification of membership shall be subject to the following Rules and Regulations.

Section Ill

Members may be suspended or expelled from this Post only under proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty, and for conduct unbecoming a member of the American Legion.

Section IV

Obscene or abusive language in any part of the Post Home, additions or grounds, shall be cause for suspension or expulsion if charges are preferred by the House Committee and such action taken by the Post.

Section V

The charges shall be in writing, signed by the accuser and under oath. Where it is not practicable or where there is a reluctance on the part of the member to be an accuser, then the House Committee may conduct an inquiry, and if it finds it so warrants may hold the accused for trial and either the Chairman of the House Committee or the Commander  shall sign the  charge on information and belief, and no civil liability shall attach to.so signing.

Section VI

Except as herein set forth; The practice and procedure as set forth in the current year Post Handbook of the American Legion, as may be amended shall govern relative to expulsion and suspension of members of the Post.

Section VII

Written notice to the accused of the pending hearing or trial shall be required.

Notice to any witness shall be required.

Section VIII

The Post shall be the tribunal for trial of members relative to suspension or expulsion.

Section IX

The House Committee shall have the power to hold hearings and suspend members of bar privileges for violations of House Rules for a period not exceeding one year.

Section X

The notice to the accused member shall be in the nature of an “Order to Show

Cause” why membership should not be suspended or terminated. The notice shall be signed by the Commander or the Chairman of the House Committee, and must require the accused member to answer said charges in writing before the date set for trial or have the matter and allegation set forth therein as charged against the member.

Section XI

The Post or House Committee, sitting as trial and hearing tribunals, shall have power to subpoena members as witnesses.

Section XII

All notices to an accused member shall be made by registered mail with a return receipt requested and the personal signature of the addressee only accepted, if the accused member refuses to accept said registered letter, said notice shall be posted on the bulletin board of the Post and a copy thereof mailed by first class mail to the accused last known address.

Section XIII

Any member who has been suspended or expelled may within thirty days after said judgment, appeal to the Burlington County Executive Committee. If said committee will not entertain said appeal the appeal may be directed to the Department Executive Committee. This provision will not apply to any accused who failed to enter the appeal in the order required.

Section XIV

Social, Bar and Home privileges may be suspended not only for cause, but also for non-payment of membership dues as set forth in Post By-Laws.

Section XV

The Commander or the House Committee may suspend guests for a violation of the Laws of this Post.

Section XV

Review; The Post Commander shall have the power to review all suspensions imposed for cause and may suspend said sentences, provided that at least one­ third of said sentence has been served.

ARTICLE V

Section I

All business of this Post, except as otherwise herein set forth shall be transacted at general or special membership meeting convened pursuant to the Constitution and By-Laws and conducted according to the Rules of Order.

Section II

No expenditures or transaction involving Post Finance or property in excess of

$500.00 for any purpose, may be authorized except by this Post at either general or special membership meeting. For emergency purposes, only the Commander shall be authorized through the Finance Officer of the Post to expend not more than $100.00 for items relating to good housekeeping maintenance and repair, and report same at the next regular meeting of the Post.

Section Ill

No committee except as hereinafter specified shall be authorized to expend any funds. The House Committee may expend funds for purchase of items for resale and items or supplies for good housekeeping; provided that said items are within the scope of rules prescribed by the current House Committee and which have been previously approved.

Section IV

Finance Officer; All committees shall report to the Post a monthly statement of progress, funds, and expenditures. They shall be subject to audit by the Board of Trustees at all times.

ARTICLE VI

Board of Trustees

Section I

The Board of Trustees shall be the investigative committee of this Post.

Section II

The Board of Trustees shall consist of one (1) Trustee per 150 members or portion thereof. It shall consist of members elected from the membership of the Post, for a term of three years. A trustee will be elected to fill the vacancy caused by the expiration of the existing trustees term of Office.

Section Ill

A member of the Board of Trustees shall not hold an office of the Post, nor shall he/she be an employee of the Post.

Section IV

The Board Meeting shall convene after each annual Post Meeting and organize, electing a Chairman and Secretary thereof and shall meet at least quarterly or as often as their duties shall require, or as requested by the Commander.

Section V

It shall audit the records of the Post Officers, the House Committee, and all committees handling finances in the Post, and shall be responsible for the Bonding of the Finance Officer and the Steward of the Post.

Section VI

Violations of the Laws of this Post by members which come to the attention of the Board as a result of investigation, examination, or upon notice shall be reported to the Post for disposition.

Section VII

It shall annually and more often upon request of the Commander, audit the  books of the Finance Officer, Treasurer of the House Committee, and all other persons handling Post Funds.

Section VIII

Each member of the board shall be an elected officer of the Post and shall be a member of all committees of the Post without vote.

Section IX

Whenever a vacancy shall exist on the board, from a cause other than the expiration of term, the Commander shall fill such vacancy by appointment with two thirds vote approval on Post Floor.

ARTICLE VII

House Committee

Section I

The Post Home, Bar, Auditorium and grounds in connection with this Post shall be managed and supervised by the House Committee whose action at all times shall be subject to the control of the Post and the commander.

Section II

The House Committee shall consist of nine (9) members of the Post, appointed by the Commander, and approved by the Post. The House Committee shall consist of three members for a three year term, three members for  a two   year term and three members for one year. At the expiration of their term of office, the elective term of new members shall be for three years, except as prescribed in section XIV.

Section Ill

It shall convene immediately after the annual election and elect its own chairman, vice-chairman, secretary and treasurer, and three of its members to  be in charge of the bar connected with the Post. It shall meet monthly or as often as the Chairman or the Post Commander may deem advisable, and its officers shall complete and keep accurate minutes and financial statements available at all times.

Section IV

It shall exercise a general supervision over the Post Home and grounds.

Section V

It shall be responsible for the rules and regulations over the Home for discipline and demeanor.

Section VI

It shall have the power to hold hearings and suspend members  as cited in ARTICLE IV, Section 111, By-Laws of this Post.

Section VII

It shall select dates and times of social activities, employ the entertainment, supply the refreshments, and have charge of all social sessions.

Section VIII

It shall keep the Home, lawn and grounds in a presentable condition.

Section IX

A bank account separate and apart from the Post General Account shall be maintained by the Committee and it shall make its own disbursements over the signature of the Steward and any one of the other two officers of the House Committee designated to do so.

Section X

No member of the House Committee shall hold office of Commander, Senior Vice Commander, Junior Vice-Commander, or serve as Steward while serving on the House Committee.

Section XI

The three elected (by the House Committee) members of the Bar Committee shall have charge of the purchasing, stocking and selling items dispensed at the  bar; The keeping of adequate records of purchasing, sales and expenditures with vouchers to support the same; The tax forms required by the  State of New Jersey; A monthly inventory  of purchases  and stock  on hand, which they will submit  to the Chairman of the House Committee who will report the same to Post for

approval.

Section XII

No expenditures of an amount exceeding $100.00 will be made without the approval of the majority of the House members present. Further, no expenditures exceeding $500.00 may be made or contracted for without the approval of the Post floor.

Section XIII

This committee shall be responsible for  the  television set/s, amusement  and other conveniences in the Home and annexes. Shall have the authority to employ and dismiss the steward, bartenders, and such other employees as may be required to  keep the  home and bar in good working order. Shall have the  power to fix salaries for all employees; Provided such cost receipts from the bar sales are sufficient to meet all expenses of the bar.

Section XIV

In the event of a vacancy on the House Committee, the Commander shall appoint a member  of the Post, under the  foregoing regulations to  fill the unexpired term of the member vacating, upon approval of the Post.

ARTICLE VIII

Standing Committees

Section I

The Post Commander, immediately upon taking office each year, shall appoint the following committees; House, Service, Legal, Liaison, and such other committees as the Post may order:

1. House: as otherwise
2. Service: shall supervise all matters pertaining to Comrades of this Post and any other, as may be directed by the
3. Legal: shall be charged with the legal supervision of the Post

affairs, the Judge Advocate shall act as chairmen/person when needed.

1. Liaison: A Junior Vice Commander shall act as Liaison Officer to

EDEN-STANLEY AUXILIARY unit membership.

1. Membership: The Senior Vice Commander shall be Chairman and shall be responsible for the procuring of new members, reinstatement, eligibility of new members, and shall keep a record and issue membership

Section II

The Commander of this Post shall have the power to remove any member of any appointive committee failing to function, and to appoint any new committee member or members he may deem suitable to fill the vacancies, provided it is sanctioned by the approval of the Post.

ARTICLE IX

Meetings Section I

The regular meeting of the Post shall be held at the Post Home on the first Tuesday of each month. The Convention month meeting will be scheduled by the Commander.

Section II

The Post Commander or a majority of the Elected Officers shall have the power to call a special meeting of the Post at any time proving notice is sent to each member fuve (5) working days prior to date set for the meeting.

Section Ill

A simple majority made up of Officers and or Trustees shall constitute a quorum for a meeting of the Post.

Section IV

Meetings may be postponed or scheduled for a time or date other than specified in Section I in cases of emergency by the Commander or the concurrence of a Trustee.

ARTICLE X

Resolutions

Section I

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 through county to Department Headquarters  for  approval before any publicity is given or  action other than mere passage by the Post is taken.

ARTICLE XI

Fees and Dues

Section I

The Annual dues shall be proposed in writing, at the July meeting with notification of dues and fees being mailed and posted. Voting on proposed dues changes shall be at the August meeting, to become effective for the next year. Failure to effect

a proposal for the dues change during the July meeting, will result in the dues for the ensuing year, being those in effect at the July meeting. No dues proposals will be accepted before or after the July meeting.

Section II

The dues of any member who is sick or in distress may be remitted by a majority vote of the members at any Post meeting.

Section Ill

The dues of any member of the Armed Forces in time of war may be remitted by a majority vote of the members at any Post meeting.

Section IV

The dues of any member are payable in advance and any member owing dues as

of January 1 will be deprived of home, bar and social privileges.

Section V

Members delinquent after April 1 shall be suspended from all privileges.

Section VI

An applicant for transfer to another Post shall discharge full indebtedness to this Post, including the full assessment for the current year before such transfer shall be approved.

Section VII

Any member in the Post attaining Senior Citizen Status (65) years of age may have dues remitted by majority vote of the members present at any regular Post

meeting, provided their last five preceding years were as a member in good standing in this Post.

ARTICLE XII

Notices

Section I

Each member shall furnish the Post Adjutant with their current address for mailing purposes.

Section II

The Post Adjutant shall cause notice of the annual election to be given at least two (2) weeks prior to the election.

Section Ill

Notice to all members shall be mailed as affected at least five (5) working days prior to meeting, hearing or event scheduled, unless otherwise set forth.

ARTICLE XIII

Delegates

Section I

Delegates and Alternates to the Department Convention shall be appointed by the Post Commander at a regular meeting of the Post preceding the date of the Convention.

Section II

Delegates to the County Committee shall be appointed for three (3), two (2), and one (1) year terms of office, the term shall be for three (3) years.

ARTICLE XIV

Limitations and Liabilities

Section I

This Post shall not incur or cause to be incurred any liability or obligation whatsoever which shall subject liability to any other Post, sub-division, group of men, members of the American Legion, or other individuals, corporations, or organizations.

ARTICLE XV

Elections

Section I

The annual election shall be held on the first Tuesday of the month prior to the Department Annual Convention.

Section II

Voting shall be by secret paper ballot upon which all candidates will be listed. Voting hours shall be from 10:00 Am to 7:30 PM at the Post Home in accordance with Section I of this Article. The Commander shall appoint Poll Watchers as required for the purpose of monitoring the voting procedures  during the  hours the polls are open.

Section Ill

Nominations for offices shall be made from the floor at the preceding Regular Post Meeting prior to the month of election. All nominees must indicate their willingness to accept nomination before his/her nomination is offered for consideration. The nominations shall be closed at this same meeting and ballots will be printed based on the results of the same.

Section IV

Installation of newly elected officers shall be arranged by the Commander, preferably before the date of the Department Convention.

Section V

In the event of a vacancy in the office of the elected officers, said vacancy will be filled by vote of the Post, with the nomination  and election  of the  candidate  at the next regular meeting of the Post.

ARTICLE XVI

Amendments

Section I

These By-Laws mat be amended at any regular Post meeting by a vote of two­ thirds of the members in attendance, providing that the proposed amendment shall have been submitted in writing and read at the next preceding meeting of the Post, and provided further, that written notice shall have been given all members at least (5) working days prior to the date of the meeting a proposal to amend the By-Laws is to be voted upon.

ARTICLE XVII

House Rules

Section I

Members who dues are not paid on or before January 1 of each year shall not be entitled to admission of the Post Home. The social privileges of the delinquent member shall be suspended until dues are paid.

Section II

The playing of cards for pastime shall be permitted, however card playing at the bar shall not be permitted.

Section Ill

Dice or crap shooting, whether for consideration or pastime shall be forbidden.

Section IV

All members must key cards or approved entry system in effect for admission to the Post Home. The doors of the Home and bar areas shall be secured at all times. An electric lock and buzzer system shall be maintained. Any member answering the  door must assure themselves that the person seeking admission is a member of the American Legion. If a person is unknown to member answering door, credentials  should be requested and examined by bartender  on duty. If there is any doubt, the Steward or a member of the House Committee shall be notified.

Section V

The bartender shall not serve alcoholic beverage to any person who is under legal age to  consume alcohol, the  bartender  shall require the person/s to  show proof of their age.

Section VI

No property of the Post shall be removed from the Post Home, without prior permission of the Steward or a member of the House Committee.

Section VII

Members must pay after orders have been served, if any member refuses to pay, the member shall be refused further service and “flagged”. The matter shall be reported to the House Committee for further action.

Section VIII

No property of the Post shall be damaged, borrowed or removed from the Post without approval. Property may be borrowed by members. Members desiring to borrow property must obtain approval from the Steward, Commander, or designated member. Any property so damaged, or removed without authorization shall be brought to the attention or the House Committee for appropriate action against the person/s responsible. A hand receipt must be signed for any property borrowed.

Section IX

No member shall reprimand or censure the Steward or other employee/s of this Post. Should any complaint arise; the House Committee shall be notified in writing and signed by the person making the complaint.

Section X

No notice of any kind relative to other than Post business shall be posted in the Post Home or on the premises, except such notice/s shall be by the order of the Commander or a member of the House Committee.

Section XI

Rules governing the game room, pool room and such shall be under the supervision and control of the House Committee, Steward, or designated member.

Section XII

Guests are permitted in the Post Home and on the grounds subject to the directive of the Post and House Committee.

Section XIII

Guests must comply with the House Rules and Regulations. Sponsors are responsible for their guests and their behavior.

Section XIV

A list of members suspended or barred from social privileges shall be maintained, by the Commander and House Committee. Copies shall be furnished to the Steward and Bartenders.

Section XV

Bartenders shall be empowered to have final judgment whether or not persons requesting alcoholic beverages are in a proper condition to be served. The Bartender shall refuse to serve alcoholic beverages to any person by the mere appearance of intoxication.

Section XVI

These House rules shall have the effect of By-Laws and shall be so considered.