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CONSTITUTION AND BY-LAWS OF

Nicollet American Legion POST NO. 510

THE AMERICAN LEGION, DEPARTMENT OF MINNESOTA

Effective Date: 12 May 2016, No Amendments

CONSTITUTION

PREAMBLE

 

          For God and Country, we associate ourselves together for the following purposes.  To uphold and defend the Constitution of the United States of America, to maintain law and order: to foster and perpetuate a one hundred percent Americanism: to preserve the memories and incidents of our associations in the Great Wars: to inculcate a sense of individual obligation to the Community, State, and Nation: to combat the autocracy of both the classes and the masses: to make right the master of might: to promote peace and good will on earth: to safeguard and transmit to posterity the principles of justice, freedom, and democracy: to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.

 

ARTICLE I – NAME AND HEADQUARTERS

          Section 1.        The name of this organization shall be Nicollet American Legion Post No. 510.  The American Legion 3^rd District, Department of Minnesota.

          Section 2.        The Post Headquarters shall be located at 715 Third Street, Nicollet, MN 56074; all notices and documents addressed to the Post shall be sent to these Headquarters.

ARTICLE II – OBJECTS

          Section 1.        The objects and purposes of this Post shall be to promote the principles and policies set forth in the foregoing preamble, and the National, Department, and 3^rd District Constitution and By-laws 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.  Rank does not exist in The American Legion; no member shall be addressed by his military or naval title in any meeting of the Post.

          Section 2.        This organization shall be absolutely non-political and non-sectarian, 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.        Each member shall perform his full duty as a citizen according to his own conscience and understanding.

         Section 4.       Who can attend meetings: Members and invited guests who have an agenda for the meeting.

ARTICLE IV – MEMBERSHIP

          Section 1.        Any person shall be eligible for membership in The American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard, or Air Force of the United States and assigned to active duty at some time during any of the following periods:  April 6, 1917 to November 11, 1918; December 7, 1941 to December 31, 1946; June 25, 1950 to January 31, 1955; February 28, 1961 to May 7, 1975; August 24, 1982 to July 31, 1984; December 20, 1989 to January 31, 1990; August 2, 1990 to the cessation of hostilities as determined by the Congress of The United States of America: all dates inclusive, or who being a citizen of the United States at the time of his entry therein, served on active duty in the Armed Forces of any of the governments associated with the United States during any of the said periods; provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political, or other grounds to subject himself to military discipline or unqualified service.

          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 and approved by the County Committee wherein this Post is located.  All applications for membership accompanied by service discharge papers shall be referred to the Membership Committee, who shall report their finding to the Executive Committee.  Upon approval of eligibility, the application accompanied by the dues shall be presented to the Post at a regular meeting and shall be acted upon at such meeting.  A majority vote of the Post shall be necessary for acceptance.

          Section 3.        There shall be no form or class of membership except an active membership.  Dues shall be paid annually of for life.

          Section 4.        No person who is a member of another Post may be a member of this Post.

          Section 5.        Members may be suspended or expelled from this Post of The American Legion only upon proper showing of cause.  Charges shall be based upon disloyalty, neglect of duty, dishonesty, or other conduct unbecoming a member of The American Legion.  All charges must be made under oath in writing by the accusers, and no member in good standing shall lose his membership until given a fair trial in such manner and form as The Department of New York, Department Executive Committee shall prescribe.  This action shall govern procedure whenever charges are brought against any person at any time appearing upon the rolls of this Post as a member, upon the grounds of his ineligibility to membership in the Post.

          Section 6.        Any member who has been suspended or expelled has the right of appeal to the Department Executive committee in the manner prescribed by said Committee.  The decision of the department shall be final.

          Section 7.        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 has been denied by such Post, he may then appeal to the Department Executive Committee for permission to be admitted to membership in the Post and he shall be ineligible for membership until such permission is granted.

          Section 8.        A member who has been expelled or suspended from this Post for any cause other than non-payment of dues may be reinstated to membership by a two-thirds vote of the Executive Committee and a majority vote of the Post; provided, however, that he shall make payment of any arrears in his dues from 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.

          Section 9.        Any member in good standing desiring to transfer from this Post to another Post is entitled to a certificate from this Post stating his membership, the duration thereof, and the date to which his dues are paid.

ARTICLE V – OFFICERS

          Section 1.        The Administration of the Post’s affairs, between meetings of the Post, and except as may be otherwise provided in the By-laws of the Post, shall be under the supervision of an Executive Committee which shall consist of 9 members, consisting of the elective officers, the house and bar chair persons and the immediate past commander to be known as Executive Committeemen.

          Section 2.        The elective officers of this Post shall be a Commander, two Vice-Commanders,  Adjutant, Treasurer, and Sergeant-at-Arms.

          Section 3.        All elective officers shall be nominated in the month of  January,

elected in February  and installed in the month of March annually.  They shall hold office until their successors are duly installed or as otherwise provided.

          Section 4.        Every member of this Post, in good standing, shall be eligible to hold office in this Post except as otherwise provided herein.

          Section 5.        The duties of officers and Executive Committeemen shall be those usually appertaining to such officers or Committeemen and as further provided in the By-laws.  (See By-Law Article IV for specific duties).

ARTICLE VI – FINANCES AND DUES

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

          Section 2.        The minimum annual dues of individual members of the Post shall be those required of the Department of Minnesota, the Third District and Post 510.   The amount of the Annual Post dues shall be as set forth in the Post By-laws.

          Section 3.        The Post shall expeditiously collect the annual dues for its members and shall pay to The American Legion, Department of Minnesota such amount due to the National, Department, District, and County Organizations.

          Section 4.        All moneys received in any manner for welfare purposes of any nature by the Post shall be deposited in a duly authorized banking institution and none of such moneys shall be withdrawn except for welfare purposes and, upon draft signed by the Treasurer of the Post as approved by the executive committee or post at large.

          Section 5.        This Post shall not solicit another Post or County Organization for purposes of financial aid or relief.

ARTICLE VII – AUXILIARY

Section 1.        The Post recognizes an Auxiliary Organization knows as the Auxiliary Unit of  Nicollet American Legion Post No. 510 The American Legion.

          Section 2.        Membership in the said Auxiliary Organization shall be governed by such rules and regulations as may be prescribed by the National Executive Committee of The American Legion (Located on the National American Legion web page) and thereafter approved by the Department of Minnesota of The American Legion.

ARTICLE VIII – SONS OF THE AMERICAN LEGION

          Section 1.        This Post recognizes a Sons of The American Legion Organization known as the SONS OF THE AMERICAN LEGION SQUADRON OF Nicollet American Legion Post No.510 THE AMERICAN LEGION, DEPARTMENT OF MINNESOTA.

          Section 2.        Membership in the Sons of The American Legion shall be governed by such rules and regulations as may be prescribed by the National Executive Committee of The American Legion (Located on the National American Legion web page) and thereafter approved by The Department of Minnesota Executive Committee.

ARTICLE VIX – American Legion Riders

          Section 1.        This Post recognizes an American Legion Riders Organization known as the American Legion Riders OF Nicollet American Legion Post No.510 THE AMERICAN LEGION, DEPARTMENT OF MINNESOTA.

          Section 2.        Membership in the American Legion Riders shall be governed by such rules and regulations as may be prescribed by the National Executive Committee of The American Legion (Located on the National American Legion web page)  and thereafter approved by The Department of Minnesota Executive Committee.

ARTICLE IX – AMENDMENTS

          Section 1.        This Constitution is adopted subject to the provisions of the National, Department, and 3^rd District Constitution and By-laws, The American Legion.  Any amendments to said National, Department, or 3^rd District Constitution and By-laws which conflict with any provisions hereof 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 a vote of two-thirds of the members attending such regular meeting, provided that the proposed amendment shall have been submitted in writing and read at a preceding regular meeting of the Post, and provided further that a copy of the proposed amendment shall have been posted on the Post web page at least ten days in advance of the date when such amendment is to be voted upon.

 

 

 

BY-LAWS

 

ARTICLE I – NAME AND OBJECTS

 

          Section 1.        The Post existing under these By-laws is to be known as Nicollet American Legion Post No. 510 The American Legion, Department of Minnesota 3^rd District.

 

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

 

ARTICLE II – ADMINISTRATION

 

          Section 1.        The administration of the Post’s affairs, between meetings of the Post, and except as may be otherwise provided in these By-laws, shall be under the supervision of the Executive Committee.

 

          Section 2.        The elective members of the Executive Committee together with the elective officers of this Post shall be Nominated in the Month of January, elected in the Month of  February and installed in the month of March, annually.  All elections of officers and Executive Committeemen shall be by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates, and they shall hold office until their successors are duly installed or as otherwise provided.  Any elective officer or Executive Committeeman may be removed for inefficiency by the Executive Committee after due notice and hearing as provided by the Department Executive Committee, a two-thirds vote of said committee being necessary to effect such removal.

 

          Section 3.        All vacancies existing in the Executive Committee, or in any office of the Post from any cause other than the expiration of term of office shall be filled by a majority vote of the remaining members of the committee, and a person so chosen shall hold office for the unexpired term of the member of the committee or officer when he succeeds.  A vacancy shall exist when a member or officer is absent from his Post for three consecutive meetings if considered by the Executive Committee to be detrimental to the best interests of the Post.

 

ARTICLE III – POST EXECUTIVE COMMITTEE

 

          Section 1.        The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander within ten days after the installation of the new officers.  Thereafter the Post Executive committee shall meet at the call of the Commander at least once a month and as often as said Commander may deem necessary.  The Commander shall call a meeting of the Post Executive Committee upon the joint written request of three or more members of said Post Executive Committee; five members of the committee shall constitute a quorum thereof.

 

          Section 2.        The Post Executive Committee, subject to the approval of the Post, shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall hear the reports of Post Committee Chairmen, and generally, shall have charge of, and be responsible for, the management of the affairs of this Post between meetings of the Post and subject to the approval of the Post; shall require that all Post Officers and members handling American Legion money be properly bonded if required by the Post membership with a good and solvent bonding and surety company, as surety to cover double the average amount of money handled in a single year; bonds to be approved by the Executive Committee.

ARTICLE IV – DUTIES OF OFFICERS

          Section 1.        Duties of Post Commander:  It shall be the duty of the Post Commander to preside at all meetings of the Post and to have general supervision over the business and affairs of the Post, and such officer shall be the Chief Executive Officer of the Post.  He shall approve all orders directing the disbursements of funds and shall approve the Adjutants annual consolidated report to the Department of Minnesota.

          Section 2.        Duties of Vice Commanders:  The Vice Commanders shall, in the order of their seniority, 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 of all meetings, keep such records that the Department and National Organizations may require, render reports of membership annually or when called upon at a meeting, and, under direction of the Commander, handle all correspondence of the Post.

          Section 4.        Duties of the Treasurer:  The Treasurer of the Post shall have charge of all finances and see that they are safely deposited in a local bank or banks and shall report, once a month, to the Post the condition of the finances of the Post, with such recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the Post.  He shall sign all checks disbursing the monies of the Post.  He shall furnish such surety bond if mandated by the post in such sum as shall be fixed by the Post Executive Committee.          

          Section 5.        Duties of Sergeant-at-Arms:  The Sergeant-at-Arms shall preserve order at all meetings, send out flowers or cards as directed by the Post and shall perform such other duties as may be, from time to time, assigned to him by the Post Executive Committee.

ARTICLE V – FINANCES AND DUES

          Section 1.        The amount of annual Post dues shall set at the February post meeting, payable in advance on the 20^th day of August of each year.

          Section 2.        A member whose dues for the current year have not been paid by January first shall be classed as delinquent.  If his dues are paid on or before February first, he shall be automatically reinstated.  If he is still delinquent after February first, he shall be suspended from all privileges.  If he is still under such suspension on June thirtieth of such year, his membership in THE AMERICAN LEGION shall be forfeited.  A member so suspended or whose membership has been so forfeited may be reinstated to active membership in good standing by vote of the Post and payment of current dues for the year in which the reinstatement occurs; provided, however, that the Post, Department, and National organizations may waive the provisions thereof, upon payment of dues for the year in which the reinstatement occurs, with reference to former members who have been prevented from the payment of dues by reason of active military service.

          Section 3.        All Post monies shall be deposited in a duly authorized banking institution as designed by the Post Executive Committee, and none of such monies shall be withdrawn except upon draft or check signed by the Post Treasurer or one other person designated in these By-laws.

          Section 4.        The general expenses of the Post shall be paid by checks drawn against the general fund signed by the Post Treasurer and countersigned by the Post Commander or, in the absence or inability of the Commander, one of the Post Vice Commanders.

ARTICLE VI – DELEGATES

          Section 1.        The Post shall elect annually such delegates and alternates to represent the Post at all 3^rd District meetings or 3^rd District Annual conventions as my be required, pursuant to such proportional representation covering such delegates or alternates as may be provided for by the Constitution and By-laws of the department and 3^rd District Organizations.

ARTICLE VII – APPOINTMENTS

          Section 1.        The Post Commander, immediately upon taking office each year, shall appoint the following standing committees:  Membership, House, Advertising, Social Media Chaplin, Historian, and Americanism.  Such standing committees shall consist of such members, and the chairman thereof, as shall be designated by the Post Commander.

          Section 2.        Membership Committee shall have charge of all matters pertaining to the membership of the Post, including procuring of new members, reinstatement, and eligibility of members.

          Section 3.        House Committee – The House Committee shall have charge of all matters pertaining to the care of the Post quarters, promotion of Club advantages and arrangements for social activities.

          Section 4.        Advertising Committee – The Advertising Committee shall be charged with the promotion of public support of the Legion’s program by the establishment of proper contact with The American Legion Magazine, Department, and National Legion news services, and by local publicity of Post programs and activities.

          Section 5.        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 forums, etc., and activities for community and civic betterment.                             

          Section 6.        Social Media Committee – All postings and or information shall conform to the American Legion Values.

          Section 7.        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 8.        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., adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time.

ARTICLE VIII – RESOLUTIONS

          Section 1.        All matters of State, National, or International scope that appeal to Legionnaires and the Post may be treated, discussed, and acted upon provided, however, that such action shall be submitted for approval through the prescribed American Legion channels to the body having jurisdiction thereof.

ARTICLE IX – MEETINGS

          Section 1.        The regular meetings of the Post shall be held at the Post Headquarters or a place to be decided upon by the Post, on the 2^nd Thursday of each 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 Post commander.

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

          Section 3.        Upon the written request of three Post members, the Commander or the executive committee shall call a special meeting of the Post.

          Section 4.        Ten (10) Members shall constitute a quorum.

          Section 5.        An annual meeting in the month of February of the Post shall be held at which the annual reports of the officers shall be submitted and such other business transacted as shall be found desirable.  The date of such meeting shall be determined by the Post or the Executive Committee.

           Section. 6       Who can attend meetings.  Members and invited guests who have an agenda for the meeting.

ARTICLE X – NOTICES

          Section 1.        Each member shall furnish the Post Adjutant or Membership chairperson with an mailing address, phone number, and e-mail address for contacting purposes and inform the Adjutant of any change in contact information.

          Section 2.        At least four times annually the Adjutant shall cause to be mailed to each member, at the address furnished by such member, notice of meetings and each special meeting of the Post at least three days prior to such meeting, except as otherwise provided in the Constitution and By-laws, and all notices as required by the Constitution and By-laws.

          Section 3.        Notices of meetings at which nominations or elections of officers are to be held shall specify that such nominations or elections are to be held at such meeting, and shall be posted at he legion and on the web page at least two weeks prior to each such meeting.

ARTICLE XI – RULES

          Section 1.        The order of procedure at meetings of this Post shall be governed by Robert’s Rules of Order, Revised, except as otherwise provided herein.

ARTICLE XII – LIMITATION OF LIABILITY

          Section 1.        This Post shall not incur, nor cause to be incurred, any liability or obligation whatever which will subject to liability any other Post, Sub-division, group of men, members of The American Legion, or other individuals, corporations, or organizations.

          Section 2.       Social Media:  Policies

Permissions

* In accordance with the provisions contained within this policy, an entity chartered by the

American Legion already has permission to use the name, emblem, and trademarks of the American Legion and may use the name, emblem, trademarks to establish a presence on the Internet, in social media, and other electronic communication, including but not limited to

websites, Internet-based tools, accounts, Facebook pages and groups, Twitter accounts, and mobile device applications.

• Departments, department-authorized intermediate bodies, and units have approval to use the name American Legion, the emblem, and American Legion trademarks on electronic-based communications by and from the department, department-authorized intermediate body, and unit. Therefore, in accordance with this policy, approval to use the name, emblem and trademarks of the American Legion is deemed granted to departments and units as chartered entities of the American Legion and to department-authorized intermediate bodies and subsidiaries, and no additional approval from the National organization is required.
• Content

- Websites, electronic communications, Internet-based accounts, electronic blogs, and social media accounts must clearly, accurately, and completely identify the American Legion entity represented; e.g. American Legion department, intermediate body, unit, subsidiary, program.

- Information posted or conveyed electronically via Internet-based accounts must be relevant to the American Legion entity and its programs and must safeguard the integrity of the American Legion and the privacy of individuals in keeping with all applicable federal, state, and local laws and regulations.

- Content considered relevant under this policy includes proper and suitable postings about members, American Legion meetings, American Legion mission-related programming events and fundraising activities, and events or fundraisers that benefit the American Legion.

- Content communicated via Internet-based accounts, social media, websites, and electronic blogs cannot divulge private information about an individual, including a person’s contact information or medical information. Posting private information about others can be a criminal offense.

• Administrators of American Legion websites, electronic communications, Internet-based accounts, blogs and social media accounts are forbidden from using American Legion accounts to promote personal projects, goals or interests outside of American Legion programs and business.
• Any electronic, Internet-based, website or social media presence using the name, emblem, or trademarks of American Legion that fails to comply with this policy is prohibited. Any cost for enforcement of laws or judgments relative to this policy shall be sought from the offending entity or individual representative.

ARTICLE XIII – AMENDMENTS

          Section 1.        These By-laws are adopted subject to the provisions of the National, Department, and 3^rd District Constitution and By-laws.  Any amendments to said National, Department or 3^rd District Constitution and By-laws, which are in conflict with the provisions hereof shall be regarded as automatically repealing or modifying the provisions of these By-laws to the extent of such conflict.

          Section 2.        These By-laws may be amended at any regular Post meeting by a vote of two-thirds of the members attending such regular meeting, provided that the proposed amendment shall have been submitted in writing, and read at a preceding regular meeting of said Post, and provided further, that written notice shall have been available for 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 By-laws is to be voted upon.