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2760 Duluth Highway 120, Duluth, GA 30096

Chattahoochee Post 251

 

Chattahoochee Post 251 Constitution and By-Laws

 

Revised 12/09/2008                               Table of Contents                                          Page

Post Constitution ……………………………………………………………………………………..  1

Preamble ……………………………………………………………………………………………… 1

Article I –Name ……………………………………………………………………………………….  1

Article ll-Objectives .………………………………………………………………………………….  1

Article lll-Nature ……………………………………………………………………………………… 1

Article IV-Membership ………………………………………………………………………………. 1

Article V-Officers ……………………………………………………………………………………... 2

Article VI -Finance ……………………………………………………………………………………. 3

Article VII-Charter Members ………………………………………………………………………... 3

Article VIII-American Legion Auxiliary …………………………………………………………….. 3

Article IX-Amendments  ……………………………………………………………………………… 3

Post By-Laws ……………………………………………………………………………………………4

Article I-Name …………………………………………………………………………………………. 4

Article II- Officers of Post ……………………………………………………………………………..  4

 Article lll-Election of Officers ………………………………………………………………………… 5

Article IV -Duties of Officers ………………………………………………………………………….. 5

Article V-Post Executive Committee …………………………………………………………………. 6

Article VI -Post Executive Committee Duties ………………………………………………………... 7

Article VII -Post House and Entertainment Committee …………………………………………….. 8

Article VIII -Duties of Post House and Entertainment Committee ………………………………… 8 

Article IX-Post Manager/Bartender …………………………………………………………………..  8

Article X –Appointments ………………………………………………………………………………. 9

Article XI -Delegates ……………………………………………………………………………………11

Article XII-Membership Meetings ……………………………………………………………………. 11 

Article XIII -Resolutions ………………………………………………………………………………. 11

Article XIV – Rules of Order ………………………………………………………………………….. 11

Article XV - Limitations of Liabilities  ……………………………………………………………….. 12

 

Article XVI - Amendment  …………………………………………………………………………….. 12

 

 

Post 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; in 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 goodwill on earth; to safeguard and transmit to posterity the principles of justice, freedom and democracy; to consecrate and sanctify of comradeship by our devotion to mutual helpfulness.

Article I –Name

 

Section 1. The name of this organization shall be Chattahoochee Post # 251 Inc., The American Legion Department of Georgia.

Article II -Objectives

Section 1. The objectives and purposes of this post shall be to promote these 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, a civilian organization and membership therein, does not affect or increase liability for military or police service.

Section 2. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles or 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 military or naval title in any meeting of this post.

Article IV –Membership

 

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

Section 2. Application for membership shall be made in writing, with a copy of applicant's DD214 or equivalent to be held in the post adjutant's membership files.

Section 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.

Section 4. Any member of this post may be expelled for cause by a two-thirds vote of the members present at the regular meeting of the post after charges are preferred under oath in writing, and a fair trial had upon the same in accordance with procedure prescribed by National and adopted by the Department Executive Committee.

Section 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.

 

Section 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, he 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 maybe otherwise provided by the by-laws, be under the supervision of an executive committee, which shall consist of 4 members in addition to the elected 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.

Section 2. The officers of this post shall be a commander, one senior vice commander, two junior vice commanders, an adjutant, a finance officer, a post historian, a post chaplain, post service officer, judge advocate, a sergeant-at-arms, and 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.

Section 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.

Section 4. Every member of this post in good standing shall be eligible to hold office in this post, except as otherwise provided in Article II, Section 2 of the post by- laws.

 

Section 5. The duties of officers and the executive committeemen shall be those

As further provided in the post 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. 

Section 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.

Section 3. The post shall pay to departmental headquarters the national and departmental annual per capita dues for every member transmitted to the Department of Georgia.

 

Article VII -Charter Members

Section 1. Members who joined this post prior to the issuance of this post's charter shall be known as charter members.

NOTE: The matter of the charter members for the permanent charter is left to the decision of the post members.

Article VIII -American Legion Auxiliary

 

Section 1. This post recognizes an auxiliary organization to be known as The Auxiliary Unit of Chattahoochee Post # 251 Inc., The American Legion.

Section 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 Constitution of the Department of Georgia, The American Legion. Any amendment to said National Constitution or Department Constitution, which is in conflict with any provisions hereof, should 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 post meeting by 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 regular meeting of said post, and providing, further, that written notice shall have been given to all members at least ten 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.

 

American legion

Chattahoochee Post # 251, Inc.

Post By-laws

Article I –Name

 

Section 1. The post existing under these by-laws is to be known as Chattahoochee Post # 251, Inc., The American Legion Department of Georgia.

 

Section 2. The objectives and purposes of this post are as set forth in the American Legion Constitution.

Article II -Officers of Post

Section 1. The administrative affairs of this post of The American Legion shall be under the supervision and control of the elected officers.

NOTE: The officers of this post shall consist of eleven officers:

 

1. Commander   2.  Sr Vice Commander   3. Jr Vice Commander  

4.  Jr Vice Commander   5.  Adjutant   6.  Finance Officer   7.  Historian  

8.  Chaplain   9.  Service Officer   10.  Judge Advocate   11.  Sergeant-At-Arms

 

 Section 2. The commander of the post may not be a paid employee of the post. The finance officer may not be a bar manager/bartender.

Section 3. The Commander of the post may succeed himself for only one consecutive term, (or a two year period). After one year or more from said office, he may be eligible to hold such office again. All other officers may hold office indefinitely.

Section 4. Any officer may be removed for dereliction of duty, by a two-thirds vote of the Executive Committee.

 

Section 5. Any officer may be removed from office, if he is absent two consecutive regular meetings without just cause, by a majority of membership vote.

Section 6. Should the commander resign or it becomes necessary to remove him from office for inefficiency, the Post Executive Committee (PEC) shall appoint the senior vice commander for the unexpired term of office within thirty days of vacancy.

Section 7. Should a vacancy of the senior vice commander's office occur due to resignation, removal or promotion, the PEC shall appoint a senior vice commander from the junior vice commanders to fill the duties of senior vice commander for the unexpired term of office within thirty days of vacancy. "

Section 8. Should a vacancy of any other officer occur due to resignation, removal, or promotion, the PEC shall appoint a member of the post in good standing to, fill the office for the unexpired term of office within thirty days of vacancy.

Article III -Election of Officers

Section 1. The members present at the election night meeting shall elect all officers annually and they shall hold office until their successors are duly installed or as otherwise provided.

Section 2. Every member of this post in good standing shall be eligible to hold office in this post, except as otherwise provided in Article II, Section 2 of the post by- laws.

Section 3. The post adjutant shall cause notice of the annual nomination and election of post officers to be given two weeks prior thereto.

 

Section 4. Nomination of officers shall be held one post meeting prior to the election day of officers. Nomination shall be taken from floor. No members name may be placed in nomination after meeting for the nomination of officers. Any members may be eligible to run for an office by write-in vote if his name has not been placed in nomination. Post adjutant must receive and post written nominations at least fifteen days prior to election.

Section 5. All members must have their annual dues paid up thirty days prior to election in order to cast a vote for an officer.

Section 6. All officers shall be elected by ballot, and the candidate or candidates receiving the highest number of votes shall be elected to the respective office for which they are candidates.

 Section 7. All nominees for a post officer position must have a copy of his or her DD214 or equivalent on file with the adjutant prior to election night or the nominee is not eligible to be on the election ballot.

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 supervise the business and affairs of the post. The said officer shall be the chief executive officer of the post. He 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. He shall perform such other duties as directed by the post.

 

Section 2. Duties of Vice Commanders. 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.

Section 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 and when called upon at a meeting, and under direction of the commander handle all correspondence of the post.

 Section 4. Duties of the Finance Officer. The finance officer of the post 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 executive committee the condition of the finances of the post, with such recommendations as he deem expedient or necessary for raising funds with which to carry on the activities of the post. He shall sign all checks disbursing the moneys of the post and insure all checks over $500 have 2 signatures. He shall furnish such surety bonds in such a sum as shall be fixed by the post-executive committee.

Section 5. Duties of 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 the executive committee.

Section 6. 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. The chaplain shall adhere to such ceremonial rituals as are recommended by the national or department headquarters from time to time. 

Section 7. Duties of Sergeant-at-Arms. The sergeant-at-arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to him by the post-executive committee.

Section 8. Duties of Judge Advocate. The primary duty of the judge advocate is to supply professional advice in the conduct of the post business or to procure proper counsel. He is the guardian of the constitutional form of the post government.

Section 9. Duties of Service Officer. He shall: assist former service persons in getting relief from governmental agencies; inform himself as to the provision of federal statues in behalf of-service persons; and generally act as liaison representative between the post, district, and the branches of the national and state governments dealing with questions affecting veterans.

Article V -Post Executive Committee

.

Section 1. The Executive Committee consists of the eleven elected Post Officers and four additionally elected members.

 

 Section 2. The Executive Committee shall consist of four elected members along with the eleven elected Officers of the post.   The officers of this post shall be elected annually by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the office.

 

Section 3.  At the first election meeting the four elected members, two of those elected will be designated to serve for one year and two will be designated to serve for two years.  Those receiving the most votes will serve for the two-year term.  Thereafter at each annual meeting there shall be elected, two such members to serve for two years.  Nominations and the election of the additional members will be held election night immediately following the election of officers.

 

Section 4. Any member of the executive committee may be removed for dereliction of duty, by a two- thirds majority vote of all elected officers to determine such removal.

 

Section 5. Any Executive Committee Member may be removed from office, if he or she is absent two consecutive regular meetings without just cause, by a majority of the membership vote of the post.

Section 6.  Should a vacancy of any executive committee member occur due to resignation, removal or promotion, the PEC shall appoint a member of the post in good standing to fill the office for the unexpired term of office, within thirty days of the vacancy.

Article VI – Post Executive Committee Duties

 

Section 1. The post commander shall call an executive committee meeting for organization and such other business as may come before it within ten days after installation of the new officers. The executive committee shall have a minimum of one meeting per quarter. The committee may meet upon the joint written request of five or

more members of said post-executive committee or at the call of the commander. Eight members of the committee shall constitute a quorum.

Section 2. The government and management of the post are entrusted to the executive committee, whose chairman shall be the post commander. The executive committee shall designate the duties and limitations of all other committees, shall hear their reports, and shall have the power to over rule if they deem necessary.

Section 3. The executive committee shall ensure the proper maintenance of all reports, licenses, records, documents, and comply with other regulations as required by law.

Section 4.  The four members elected for two-year terms along with responsibilities covered in Section 3 shall also look into and research all Real Estate transactions and concerns of the Post and report back to the Executive Committee with recommendations for the situation at hand.  The Executive Committee shall take any recommendations to the membership for approval by a two-thirds majority vote.

Section 5. The executive committee shall have fiscal responsibility for the operation of the post. The committee is charged with compiling an annual post budget for presentation and approval of the floor. The executive committee chairman shall be authorized to expend $1,000.00 maximum of post funds per occurrence for emergency needs as they arise. The executive committee shall approve any proposed expenditure of post funds exceeding $10,000. Any recommendations of such expenditure must subsequently be approved by a two-thirds majority of the floor at a regular post meeting, providing that all members in good standing be notified 20 days prior to such vote being taken place.

Section 6. The post executive committee shall hire such employees as may be necessary and shall require adequate bonding and background checks from all persons having custody of post funds.  Every member of this post may be considered for a paid employee position in the post, except as otherwise provided in “Article II Section 2 of the Post By-Laws.”

 

Article VII -Post House and Entertainment Committee

 

Section 1. The house committee shall consist of six members or more and one committee chairman.

Section 2. Post commander annually at the first meeting following the installation of new officers will appoint House and entertainment committee.

 

Section 3. Any member of the house committee may be removed or replaced by a two-thirds vote of the entire committee, at which time the post commander is to appoint a new committeeman.

Section 4. House committee is to meet as often as they deem necessary with a quorum of fifty percent or more of the members of the committee.

Section 5. Any member of the post may serve as a committeeman as long as he is appointed.

Section 6. House committee chairman is to make a regular committee report of the House committee actions and all business at each post membership meeting.

Article VIII -Duties of Post House and Entertainment Committee

 

Section 1. Duties of the house committee consists of care of the post quarters, administration, equipment, supervision of all employees, promulgation of all general rules, and all entertainment.

Section 2. House committee shall have the power to suspend any member from post social privileges by a majority vote of the committee.   List on House Rules

 

Article IX -Post Manager/Bartender

 

Section 1. Post executive committee shall hire a post manager, who will be paid a salary.

Section 2. The manager's salary and vacations will be set forth and approved by the membership, which is subject to change when deemed necessary.

Section 3. The-post manager may be replaced at a vote by the entire executive - committee; a vote of two-thirds must be required to carry.

Section 4. Supervision of the post manager shall be the duty of the house committee chairman.

Section 5. The post manager is to be properly licensed and bonded.

 

Section 6. The post manger's duties shall be charged with: Operating and maintaining general clean-up of the post club room; seeing that the post club room is opening and closing at the time set forth by the house committee; insuring proper conduct of the members in the club room; paying club room bills to vendors and inventory suppliers; keeping an adequate inventory of all stock and equipment; and coordinate with the house committee and the finance officer as necessary.

Section 7. The post manager shall have the power to suspend any member's social privileges for a period of time until the proper committee has called a meeting to act accordingly.

Section 8. The post manager shall verify that all who enter the post clubroom are eligible and insure that all guest sign the guest register.

Article X –Appointments

 

 

Section 1. The post commander, immediately upon taking office each year, shall -appoint the following standing committees: Membership, House, Finance, Post 251Building Fund, Publicity, Service, Visiting, Americanism, Athletic, Ceremonials, Bingo, Children and Youth, Economic, Foreign Relations, Graves, Registration, Legislative and Veterans Affairs and Rehabilitation, National Security, Sons of the American Legion and Visiting, or VAVS. Such standing committees shall consist of such members, and the chairman thereof, as shall be designed 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-American propaganda by education of the general public in American ideals through public forms, etc. and creating activities for community and civic betterment.

Section 3. Bingo. The bingo committee shall be charged with the supervision and operation of all bingo activities and see that the post remains in compliance with all state rules and regulations.

Section 4. Ceremonials Committee. The principal duty of the ceremonials committee is to insure that all new members are properly initiated. The committee must also concern itself with proper presentation of other rituals outlined in the Manual of Ceremonies -burial detail and the wearing of Legion regalia.

 

Section 5. Children and Youth Committee. This 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", "a square deal for every child".

 

Section 6. Economic Committee. The post economic committee is primarily concerned with local employment programs, veteran’s preference, government employment and re-employment rights.

Section 7. Finance Committee. The finance committee shall be charged with the administration of the financial policy, preparation of budget recommendations for the upcoming year which will be presented to the Executive Committee for review within 45 days of the Installation and the supervision of receiving, disbursing and accounting of all post funds.

 

Section 8. Foreign Relations. 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 9. Grave Registration and Memorial Committee. The duties of this committee involve recording of gravesites and complete information of veteran burials in cemeteries assigned to the post. Special assistance can be given to the service officer in providing flags, headstones or proper interment in national cemeteries.

Section 10. Legislative Committee. 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 origination.

 

Section 11. Membership Committee. The membership committee shall have charge of all matters pertaining to the membership of the post, including the procuring of new members, reinstatement and eligibility of members.

Section 12. Public Relations Committee. The public relations committee shall be charged with the promotion of the public support of the Legion's programs by the establishment of proper contact with the American Legion Magazine, Department and National Legion New 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 governments, 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 of being 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 has supervision of 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 the visiting and comforting of members and their families when sick or bereaved and with visiting ex-servicemen in nearby hospitals.

 

Section 17.  Post 251 Building Fund.  This committee has the supervision of fund raising, reporting all financial activities of the fund, participating in selection, planning and progress of new construction.  The committee reports to the PEC.  All funds donated to the Chattahoochee Post 251 Building Fund must remain in a third party restricted fund whose sole purpose is to fund the new post home.

Article XI –Delegates

 

Section 1. Delegates and alternates to a department convention shall be elected by the post at a regular meeting of the post to be held at least twenty days prior to the date of such convention.

Article XII -Membership Meetings

Section 1. The post shall hold a minimum of one (1) regular membership meeting a month, 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, with the exception of the month the Post Officers are installed.  The day and time of the regular meeting can be changed by a majority vote of the membership at the post meeting and each member must be notified 30 days before said change.

Section 2. The post commander and 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 five members, the committee shall call a special meeting of the post.


Section 4. Ten members shall constitute a quorum.


Section 5. All members shall be notified in writing at least ten days in advance of a special called meeting.

Article XIII -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 XIV -  Rules of Order

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

 

 

 

Article XV -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, members of The American Legion, or other individuals, corporations or organizations.

Article XVI –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 regular meeting of said post; and, provided further, that written notice shall have been given to all members at least thirty 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.

 

 

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