TRAVIS L. WILLIAMS POST 65

The American Legion Post #65 Travis L. Williams  

  

   

PREAMBLE  

  

For God and Country, we associate ourselves together for the following purpose: to uphold and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate a hundred percent Americanism; to preserve the memories and incidents of our association 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 Travis L. Williams, American Legion Post #65, The American Legion, Department of Arizona.  

  

Article II – Objective  

  

Section 1.  The objectives 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.  

  

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 1.  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 under such regulations as may from time to time be prescribed by the Post Executive Committee.  

   

Section 3.  Any member of this Post may be expelled or suspended for cause by a two-thirds vote of the Executive Committee after charges are preferred under oath in writing, and a fair hearing conducted upon the same. The member will be notified by certified letter to appear before the Executive Committee to show cause for charge (s). A certified letter shall be sent to ensure receipt of letter. The hearing for cause shall be held on a date as defined in the mailing of the certified letter.   

 

Section 4. A member who has been expelled or suspended from this Post for any cause may be reinstated to membership after the member has served out their full sentence, by a two-thirds vote of the membership present in Post meeting; provided, however, that he shall make payment of any arrears in his dues at the time of the expulsion or suspension and also other regular dues which have been payable in the interval between his expulsion or suspension and his reinstatement. Prior to full reinstatement the member must reimburse the Post for cost incurred to repair any damage done by the member to Post property. 

 

Section 5. 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. 

  

  

Section 1.  The administrative affairs of this Post of the American Legion shall be provided in the By-laws, and be under the supervision of an Executive Committee which shall consist of  13 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 elected officers of this Post shall be a commander, 1st vice-commander, 2nd vice-commander, an adjutant, finance officer, executive committee and trustees who shall be nominated from the floor at the meeting preceding the annual election. 

  

Section 3.  All officers, executive committee members and trustees shall be elected annually, and they shall hold office until their successors are duly installed or as otherwise provided. Any officer, executive committee member or trustee may be removed for inefficiency by the Executive Committee, a two-thirds vote of said committee recommending such removal to the floor of a regular Post meeting and the regular Post meeting ratifying the action of the Executive Committee by a two-thirds affirmative vote of the members present. 

  

Section 4.  Every member of this Post in good standing shall be eligible to hold office in this Post if the member is in good standing as defined in Article IV. 

  

Section 5.  The duties of the officer shall be those usually pertaining to such officer and as further provided by the Post By-Laws. 

 

Section 6. Elected officers will take office at the close of Department Convention and shall be installed at the next regular Post meeting. 

  

  

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

  

Section 2.  The Commander in conjunction with the Finance Officer shall be authorized to expend funds from the Post bank accounts for normal and necessary day to day operating expenses. He/She must also inform the Executive Committee of such transactions at the next Executive Board meeting. Any financial transactions outside of normal operations, up to $4,999.00 must be approved by the Executive Board and $5,000.00 and above must be approved by both the Executive Committee and Board of Trustees Chairperson.  

  

Section 3.  The amount of such annual membership dues shall be as fixed and determined by this Post.  

  

Section 4.  The Post shall pay to Department Headquarters the National and Departmental dues for every member of this Post.  

  

Section 5.  The outgoing Post Commander shall be allotted expense money up to $500.00 to offset out of pocket expenses performing the duties of the office of Post Commander during the previous year. The amount will be determined by the Executive Board based on activities the Commander has participated throughout his or her year as a Post Commander.  

  

  

Section 1.  This Post recognizes an auxiliary organization to be known as the American Legion Auxiliary Unit 65, Travis L. Williams, The American Legion.  

  

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

  

  

  

Section 1.  This Post recognizes an organization to be known as Sons of The American Legion Squadron 65.  

  

Section 2.  Membership in The Sons of The American Legion shall be prescribed by the National Constitution of The Sons of The American Legion.    

  

 

Article IX- American Legion Riders 

 

Section 1. This Post recognizes a subsidiary organization to be known as Post 65 American Legion Riders.  

 

Section 2. Membership in The American Legion Riders shall be prescribed by the National Constitution of The American Legion Riders. 

 

 

  

Section 1.  This Post recognizes the committee known as the Board of Trustees of American Legion Post 65 Travis L. Williams.  

  

Section 2.  The Board of Trustees shall consist of (5) members with only (1) voting member. 

   

Section 3.  The Board of Trustees will elect a representative and alternate to attend all Executive Committee Meetings.  

 

Section 4.  The Board of Trustees shall meet quarterly and when requested by the Board of Trustees Chairperson or by a majority of the voting members of the Board. The Chairperson of the Board of Trustees shall be elected annually by the Board of Trustees members prior to Installation of Officers. Three voting members of the Board shall constitute a quorum. 

 

  

  

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 Arizona, The American Legion.  Any amendments, which are in conflict with any provisions of the National Constitution or Department Constitution, shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.  

  

Section 2.  This constitution may be amended at any regular post meeting by 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 providing, further, that written notice shall have been given to all members at least seven days in advance of the date when the amendments to be voted upon notifying such members that at such meeting a proposal to amend the constitution is to be voted upon.  

 

Article XII – Enacting Clause 

 

Section 1. This constitution of American Legion Post 65, The American Legion, Department of Arizona, approved and adopted by two-thirds affirmative vote of Post members present at a meeting held this_____day of ______supersedes any and all previously enacted similar documents. 

 

  

BY–LAWS  

  

  

Section 1.  The Post existing under these By-laws is to be known as The American Legion Post #65, Travis L. Williams, of Department of Arizona.  

  

Section 2.  The objectives of this Post are as set forth in the Constitution.  

  

Article II – Management  

  

Section 1.  The government and management of this Post are entrusted to an Executive Committee of one Committeeman for each 30 members or majority fraction thereof and a representative of the Board of Trustees.  

  

Section 2.  The Officers of this Post shall be a Commander, 1st Vice-Commander, 2nd Vice 

Commander, Adjutant, Finance Officer, Service Officer, Historian, Chaplain, Sergeant-at-Arms,  

Judge Advocate and an Executive Committee.  The Commander, 1st Vice-Commander, 2nd Vice Commander, Adjutant and Finance Officer shall be elected annually by the members from among their number. The Commander may reserve his/her vote to break a tie but not both. The Service Officer, Historian, Chaplain, Sergeant-at-Arms, and Judge Advocate shall be appointed by the Commander with the approval of 51% of the Executive Committee in attendance.  Only elected officers, the judge advocate, and a representative of the Board of Trustees may vote at Executive Committee meetings.  

  

Section 3.  The Commander shall appoint an Election Committee who shall have full charge of election.  A member of this committee cannot be a Post Officer or Executive Committee member. The elected Officers and Executive Committee member shall be installed as determined by the Election Committee.  

  

Section 4.  Nominations and elections shall be as follows; nominations for Officers shall be made from the floor at a meeting of the Post, in March of each year.  The name of each person nominated for an elective Post officer position shall be placed on a ballot and the member must be in good standing as defined in Article IV. The member must accept the nomination either written or verbally during the official nomination meeting.  Nominations for officers shall be closed at this meeting, but a blank place shall be provided on the ballot so that any name of any member may be written in. Nominations shall be reopened at the next meeting.  Voting for Officers shall take place at a meeting of the Post held in April.  Meeting date will be set by the Executive Committee.  

  

Section 5.  A “SOP” State of the Post report will be given prior to the Election on Election Day.  This report will contain a financial summary of the previous year and any other pertinent information.    

  

Section 6.  To be eligible to vote for officers a member must have held membership in Post 65 for a minimum of 30 days prior to date of nomination of officers. Each member of the Post in good standing in accordance with Article IV, present at the meeting shall be given a ballot, which after voting shall be turned over to the Election Committee. The committee shall count   votes in the presence of the post members in attendance and announce the results immediately. The person receiving the majority of votes “more than 50% of eligible voters” for any elected position except Executive Committee and Trustees which shall be declared elected. The Executive Committee and Trustee Board election with the highest number of votes shall be elected to office until all vacancies are filled and they shall be declared elected.  

  

Section 7.  All vacancies existing in the Executive Committee, Trustee Board or in any elected Office of the Post for any cause except term expiration shall be filled by a duly held election, similar to the annual election, by members of the post from the floor of a regular post meeting.  Absents of an Executive Committee, member or elected Officer may be excused for up to two consecutive meetings with the return to his/her post at the next scheduled meeting.  A vacancy shall exist when a member of the Executive Committee or an elected Officer of the Post is absent from his post for two consecutive meetings without authorization of the Executive Committee.   

  

Article III – The Executive Committee  

  

Section 1.  The Post Executive Committee shall meet for organization meetings and such other business as may come before it at the call of the Post Commander after the installation of new Officers. The Commander shall call a meeting of the Executive Committee upon the joint written request of three or more members of said Executive Committee; fifty-one percent of the committee shall constitute a quorum.  

 

Section 2.  All Post officials handling the Post monies shall be properly bonded with a good and solvent bonding and surety company, as surety, to cover double the average amount of money handled in a single year. The Post Executive Committee will have final authority for hiring or discharging Post, Club or Kitchen employees, providing however that this shall not restrict the manager from hiring or discharging on a temporary basis; shall authorize and approve the expenditures of funds for normal operation of the club and fixed expenses of the Post, hear reports of the Committee Chairmen and shall notify and file criminal charges of theft to Local Law Enforcement Agencies in the event of theft accumulated over $1,000.00 of value; and shall have charge of and be responsible for the management of the affairs of the Post.  All fixtures acquired by the Executive Committee will remain property of the Post.   

 

Section 3. The Executive Committee is elected to do specific jobs and shall be made up of one executive committee person for each (30) Post members or majority fraction thereof. At no time shall the Executive Committee consist of less than three (3) committee persons.  Not to exceed (14) Executive Board Members.  The Membership Roster shall be equally divided and provided to the Executive Committee to communicate with their assigned Comrades at the first Board Executive Board Meeting after received.   

 

Section 4. Shall ensure that a proper code of conduct is instituted and adhered to by all employees, members and guests.  

 

  

 

Section 1.  The Chairperson of the Board of Trustees will oversee a Finance Committee, appointed by the Commander, to conduct a consolidation of all finance records of Post 65.  The Finance Officer must turn over all finance records to the Board of Trustee Chairperson and the Finance Committee for the quarterly consolidation.  An audit will be conducted at the beginning of the New Administration and at the Outgoing Administration. The Finance Officer must turn over all finance records to the Board of Trustee Chairperson and the Finance Committee for the Audit.   Also, the Finance Committee will conduct a “No Notice Inspection” of the finance accounts, as deemed necessary by the Commander.  

 

Section 2. The Board of Trustees shall have shall have complete charge of any and all real and personal property belonging to the Post or in custody of the Post, They shall execute and sign all 

contracts, subleases and shall handle any other transactions pertaining to the real and personal property owned and held or controlled by the Post and the improvements thereon, subject to the approval of the Executive Committee. 

 

 

 

Article V – Duties of Officers  

 

Section 1.  The Post Commander shall preside at all meetings of the Post and to have general supervision over the business affairs of the Post, and He/She shall be the Chief Executive Officer of the Post. The Post Executive Officers are: the 1st Vice-Commander, the 2nd Vice-Commander, Adjutant, and the Finance Officer. The commander shall approve all orders directing the disbursement of funds, he/she shall make an annual report covering the business of the Post for the year, and recommendation for the coming year. He/She shall perform  business affairs of the Post (i.e., Club, Kitchen, Building Committee) and other such tasks as the Executive Committee may designate. He/She will form committees as deemed necessary to accomplish the administrations objective and programs.   The Commander shall hire or retain an accountant within 15 days, to do payroll, fill out all tax paperwork, pending approval from Executive Committee. 

  

Section 2.  The 1st Vice-Commander shall assume and discharge the duties of the office of Post Commander during the absence or disability of or when called upon by the Commander. He/She shall be the Chairperson of the Membership Committee. He/She shall submit an annual operating budget to the Finance Committee Chairperson within 30 days of assuming duties. He/She shall have present on Election Day an updated roster of Post members in good standing.  

  

Section 3.  The 2nd Vice-Commander shall assume and discharge the duties of the office of Post  

Commander during the absence or disability of both the Commander and the 1st  Vice Commander or when called upon by the Commander.  He/She shall be the Chairperson of the Entertainment and Security Committee. He/She shall submit an annual operating budget to the Finance committee within 30 days of assuming duties.  

  

Section 4.  The Adjutant shall have charge 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, handle correspondence under the direction of the Commander. He/she will obtain from the appointed committee chairmen copies of all reports that the Post Commander or Executive Committee shall require and further shall maintain all such reports in Post files. He/She shall submit an annual operating budget to the Finance Committee within 30 days of assuming duties.  

  

Section 5.  The Finance Officer shall have charge of Post finances and ensure that they are safely deposited in a reliable financial institution and shall report once a month on the status of finances to the Post. He/She shall make recommendations, as he/she may deem expedient or necessary for raising or dispensing funds.  He/She shall sign all checks, countersigned by the Commander.     He/She will develop procedures for reporting, accounting, and safeguarding all Post assets, records and legal documents. Finance Officer will oversee accountant who will render all required reports of a financial nature as may be necessary to comply with local, state, and federal law or any other law as pertains to Post. He/She is authorized to pay all recurring monthly expenses related to Post operations without further approval. He/She will maintain best practice of dispensing all Post funds with a check instead of cash. The Finance Officer will be the Chairperson of the Finance Committee. 

Section 6.  Post Judge Advocate. Shall be charged with the legal supervision of Post affairs. He/She will procure professional legal counsel when required to do so by the Executive Committee. He/she shall also act as parliamentarian at all Post meetings 

 

Section 7.  The Service Officer. Shall be responsible for bringing to the attention of Post members the rights and benefits granted them by law. He/She shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or state government, rehabilitation matters, employment and relief.  He/She will be responsible for maintaining the currency of the sick-call and taps boards. He/She may appoint such assistants, as he shall deem advisable, including Relief Officers. 

 

Section 8.  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 his/her office as may be determined by the post or Executive Committee.  

  

Section 9.  The Post Chaplain shall be charged with the spiritual welfare of the Post and will conduct divine but non-sectarian services in the event of dedications, funerals, public functions, etc., adhering to the ceremonial rituals recommended by the District, Department and National organizations of The American Legion.  

  

Section 10.  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 Commander or Executive Committee.  He/She shall also be official custodian of the stand of colors, and shall ensure, with color guardsman chosen by him, that the colors are properly presented at all meetings and Legion functions. He/She will verify all members at Post meetings are in good standing and shall maintain records as such.  

Article VI – Delegate  

  

Section 1.  Delegates and alternates shall be chosen by the Post at a regular meeting, in a manner to be provided by the Post, at least one meeting prior to a Department Convention.  

  

  

Section 1.  The Post Commander immediately upon assuming office shall appoint the following standing committees: Membership, House, Finance, Publicity, Visiting, Athletic, Americanism, Child Welfare and Defense, and Club Committee.  Such standing committees shall consist of such member and the Chairperson thereof, as designated by the Post Commander.  

  

Section 2.  The Membership Committee. Shall be under the direct supervision of the 1st Vice Commander and shall have charge of all matters pertaining to the membership of the Post, including recruiting new members, transfers, reinstatement and proof of eligibility of members, and indoctrination of new members.  

Section 3.  The House Committee. Shall be under the direct supervision of the Chairperson of the House Committee, and shall have charge of all matters pertaining to the maintenance of the Post and have charge of post quarters. The House Committee Chairperson is under the direct supervision of the Commander and shall report thereto. They will submit suggestions to improve Post quarters to the Executive Committee for approval. 

  

Section 4.  The Public Relations Committee. Shall be charged with the promotion of public support of the Legion’s programs 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 5.  The Visiting Committee. This committee is primary responsible for visiting and comforting members and their families when sick or bereaved and visiting ex-service persons in nearby hospitals.  

  

Section 6.  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 7.  The Americanism Committee. Shall be charged with the inspiration of patriotism and good citizenship by arranging for the proper observance of patriotic occasions; encouragement of patriotic and civic phases of instruction in schools; Americanism of aliens; combating antiAmerican propaganda by education of the general public in American ideals through such mediums as public forums and activities for community and civic betterment.  

  

Section 8. 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. Shall consist of the Finance Officer and three (3) members.  

 

Section 9.  The Security and Entertainment Committee. Shall be under the direct supervision of the 2nd Vice-Commander and have charge of promotions of club advantages and arrangements for social activities.  Shall work with and coordinate Legion efforts with local defense councils on matters pertaining to national, civilian and home defenses; to 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 homeland. Shall coordinate with local authorities to protect assets of the Post. 

  

Section 10.   The Elections Committee shall be appointed by the Commander and responsible for duties as per Article II of these By-laws.  

Section 11. The Club Committee. Shall consist of a Chairperson and three (3) members. Shall report to the Executive Committee and coordinate with the business manager(s) any legitimate complaints or disciplinary actions pertaining to employees or members.  

  

   

  

Section 1.  All resolutions of State or National scope presented or reported to this post shall embody the opinion of this post on the subject and copy of it shall be forwarded to the Department Headquarters for its approval before being implemented at this Post.  

  

  

Section 1.  Executive Board meeting of the Post shall be held the second Saturday of each month at 2 pm, or as determined by the Executive Committee. The regular meeting will be held immediately following the Executive Board meeting. At this time, the business of the Post will be conducted; the regular meeting maybe converted into a joint meeting with the Executive Board regular meeting as deemed advisable by the officers of the Post.  

  

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 a written request of ten Post members the Commander or Executive   Committee shall call a Special Meeting of the Post.  

  

Section 4.  Fifty one percent (51%) of Executive Board members shall constitute a quorum.    

  

Section 5. In case of a tie when voting, the Commander or representative in his absence can break the tie.  

  

Article X – Notices  

  

Section 1.  Every member shall furnish the Post Adjutant/Membership Chairperson with his/her address, email, and phone number and changes thereafter.  

  

Section 2.  The Adjutant shall cause proper notice of all meetings to be given (7) calendar days in advance so that members shall be advised of such meetings.  

  

Section 3.  The Adjutant shall cause proper notice of the annual nomination and election to be given at least seven (7) calendar days prior thereto.  

  

 

  

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

  

Article XII – Indemnification   

  

Section 1.  Any Officer, Executive Committee Person, Trustee, Member, or Post Employee who is involved in litigation by reason of his or her position as an Officer, Executive Committee Person, Trustee, Member, or Employee of this Post shall be indemnified and held harmless by the Post to the fullest extent authorized by law as it now exists or may subsequently be amended (but, in the case of any such amendment, only to the extent that such amendment permits the Post to provide broader indemnification rights).   

  

Article XIII – Amendments  

  

Section 1.  The By-laws maybe amended at any regular post meeting by a vote of two-thirds of the members. The proposed amendment(s) of the By-laws shall have been submitted in writing to all members and read at the next regular meeting.  Written notice shall have been given to all members at least seven (7) calendar 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 by the By-laws is to be voted. Such notice shall state that a proposal to amend the By-Laws is to be voted upon at the next scheduled regular membership meeting.  

    

Article XIV – Post Club Room  

  

Section 1.  The Club Room shall be operated under the supervision of the Executive Committee, under the provisions of House Rules approved by the Executive Committee, and in accordance with guidelines policies provided in the Department Club Rooms.  The Executive Committee shall have the authority to employ such Employees as deemed necessary to properly operate the Club Room and to maintain order therein.  

 

 

Section 1. These By-Laws to the Constitution of American Legion Post 65, Travis L. Williams, The American Legion, Department of Arizona approved and adopted by a two-thirds vote of Post members present at a regular meeting held this_____day of _____, 20XX supersedes any and all previously enacted similar documents. 

 

 

 

 

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