HOPEWELL MEMORIAL POST 146, THE AMERICAN LEGION
Section 1. The Commander shall appoint, with the approval of the Executive Committee, a special Nominating Committee of one (1) or more past or current Post Executive Committee members and two (2) general members in good standing. Their duty shall be to provide interested and willing nominees for the elected offices of the Post and the Executive Committeemen. The Commander shall appoint the members of such committee no later than the regular February meeting. The nominating Committee will recommend one person for each position. Not being selected by the Nominating Committee does not preclude anyone from being nominated from the floor at the April General Membership Meeting. Nominees shall be presented to the Post at the regular April meeting of each year. Nominees will officially acknowledge acceptance of their nomination, including a statement of their understanding of what the responsibilities and functions of the office are, whether they are presented by the Nominating Committee or from the floor. Nomination of candidates may be made from the floor by any member in good standing at the April meeting. This shall preclude the nomination of any candidates not nominated by the end of the April meeting; providing that at the general membership meeting for elections there are nominees for all offices that are subject to election. If, at the time of elections, there is no nominee for an office or offices, then nominations may then be made from the floor. Nothing in this section shall be interpreted as prohibiting the Commander or other current elected officers from serving on the Nominating Committee.
Section 2. The election of all Post officers and Executive Committeemen, except the Post Adjutant and Judge Advocate, shall be held at the regular Post meeting in May of each year; except that the membership, by a majority vote of those present at the April meeting, may provide for a period of time immediately prior to the May meeting for voting by ballot, and establish a time for the opening and closing of the polls. The Commander shall appoint an election committee of members of the Post in good standing, none of which shall be any nominated officers or Executive Committeemen or any other nominees for office that may appear on the ballot. No votes shall be allowed after the meeting Chairman has declared the polls closed or after the established time for closing of the polls; provided, however, that the polls shall not close at the established time if there are members waiting to vote until all such members have voted. Voting shall be by secret ballot unless prescribed otherwise by vote of at least two-thirds (2/3's) of the members present at the April meeting. In order to be elected, a candidate must receive a plurality of all votes cast (most votes). The election committee shall:
- Prepare the ballots,
- Conduct a head-count,
- Ascertain that all persons voting are qualified to vote,
- Distribute the ballots to members qualified to vote,
- Count the ballots (any discrepancy in the ballot and head-count will result in are-vote)
- Close the polls
- Tally the votes for each nominee or member receiving votes, and make a report to the Commander.
- The Commander shall announce the results of the voting and resolve any reported irregularities.
- If any office remains unfilled after the first ballot, the election process should be repeated for that office after required notice.
- After the election is complete and all offices have been filled, the Commander shall ask if there are any questions concerning the elections or if there is a reasonable contest to any elected office.
If there is no possibility that the membership may order a recount, then, upon motion made and carried by a majority of the members present, the ballots can be ordered to be destroyed, or to be filed with the Adjutant for 48 hours before being destroyed.
Section 3. The terms of office of all officers and Executive Committeemen, elected by the Post membership, shall commence upon their installation and continue until installation of their successors.
Section 4. Any vacancy existing among the elective officers or Executive Committeemen, from any cause other than the expiration of the term, shall, if the vacancy occurs within six months of the installation of officers, be filled by a majority vote of the members of this Post present at any meeting for which written notice of a special election has been properly given, and a person so elected shall hold office for the unexpired term of the elective Officer or Executive Committeeman whom he/she succeeds. Vacancies occurring more than six months after installation of officers shall be filled by a majority vote of the Executive Committee. Provided, however, that any vacancy occasioned by the resignation, death or inability of the Commander,First or Second Vice-Commander, shall be offered to the First, Second or Third Vice-Commander, respectively, for the unexpired term of office. In the event the eligible Officer declines the vacant office, an election shall be held to fill the office as specified above. An election will also be held to fill any vacancy created by succession of one of the vice-commanders. The Commander is empowered to make temporary appointments to fill vacancies until an election can be held.
Section 5. Those elected as delegates and alternates to the annual District Convention shall also be delegates and alternates to the annual Department Convention. Delegates and alternates shall be both nominated and elected by the Executive Committee. Delegates and alternates shall be elected by a majority of those members present and voting: The Past Commander and the newly elected Commander shall serve as two (2) of the Post's delegates, with the former being designated Chairman of the delegation. In the absence of the Chairman, the delegates present at the convention shall elect, by majority vote, a Chairman among those present. The Post may also designate one or more nominees for delegate to the National Convention from among members who plan to attend, and the names of such member(s) shall be presented to either the District Nominating Committee or the 4th District Convention, as candidate(s) for delegate(s).
Section 6. The Post Adjutant and the Post Judge Advocate shall be nominated by the Commander and approved by the Executive Committee; and serve until their successor is installed, or until resignation or removal from office.
Section 7. New officers of the Post shall be installed between May 15 and July 15. Installation is the responsibility of the outgoing Commander. He should endeavor to arrange a joint installation with the American Legion Auxiliary and Sons of The American Legion (S.A.L.), and consult with the incoming Commander, and the incoming Commander's choice of installing Officer shall be honored.
Section 8. At the first meeting of the Executive Committee, following installation of officers, the Commander shall nominate for appointment by the Executive Committee, a Post member in good standing as House Committee Chairman, who will be responsible for the operation of the Post Home and Clubroom as set forth in ARTICLE VI, of the By-Laws and serve until his/her successor is installed, or until resignation or removal from office. The House Committee Chairman will meet with the Executive Committee.
Section 9. Representation of Post 146 at meetings for the nomination of candidates for District, Department or National office and convention delegates shall be by the incumbent Post Commander, or his designee, and if possible, by one or more other members designated by the Post at a regular or special meeting. Such delegation will support for office in The American Legion, any Post member whose candidacy has been endorsed by the Post. Post 146 will not be bound by any action taken by a member or members at any unofficial meeting, caucus or gathering not sanctioned by the District, Department or National organizations.
Post Executive Committee
Section 1. The government and management of the Post shall be entrusted to an Executive Committee to be known as “The Executive Committee.” All administrative affairs of the Post shall be under the supervision of the Executive Committee. The Executive Committee shall consist of all officers of the Post, with the Adjutant serving as secretary the immediate Past Commander and three (3) Executive Committeemen who shall hold terms of one (1), two (2) and three (3) years. Each year one Executive Committeeman will be elected for a term of three years. Appointed officers shall have a voice but no vote in Post Business Meetings.
Section 2. The Executive Committee shall meet at the call of the Commander as soon as feasible after the installation of the new officers. Thereafter, the Executive Committee shall meet at the call of the Commander at least monthly. The Commander shall also call a special meeting of the Executive Committee upon a joint written request of three (3) or more members of the Executive Committee.
No business shall be transacted at a special meeting of the Executive Committee other than that stated in the announcement of such meeting. Fifty percent (50%) of the membership of the Executive Committee is required to be present at a given meeting in order to pass or adopt any motion or resolution.
Section 3. The Post Executive Committee shall authorize and approve all expenditures for the transaction of business; however, the membership of the Post may override expenditures or approvals, disapprovals of the executive committee with a 2/3 vote of members present in a general membership meeting. Any expenditure amount equal to or exceeding $2,000.00 will require a general membership vote of approval. The Post Executive Committee shall also authorize and approve expenditures in the manner provided for in the Post Constitution and By-Laws. The Executive Committee shall,within thirty (30) days after the election,require adequate bonds for all persons having' custody of the Post funds, except certain personnel authorized to temporarily handle Post funds. The Executive Committee shall hire a Clubroom/Facility Manager and establish the duties of same, and approve “Clubroom Rules” (under whatever title) for admittance to, use of, and proper decorum in the Post clubroom. It is the responsibility of the Executive Committee to see that the aims and purpose of The American Legion take precedence over the operation of the clubroom or other non-Legion activity.
Section 4. Any Officer or Executive Committeeman who fails to attend three (3) consecutive meetings whether of the Executive Committee or Post Membership without an excuse considered valid by the Commander, shall be considered to resign from his office and the Executive Committee and shall be replaced as provided herein. Any Officer or Executive Committeeman who does not meet these criteria but whose attendance is so irregular as to create a presumption of disinterest, indifference or flagrant disregard for the requirements of such position, shall be considered for removal by the Executive Committee under the provisions of ARTICLE V. Section 3, of the Constitution.
Section 1. Membership meetings of this Post shall be held on the third Tuesday of each month, unless otherwise ordered by the Executive Committee in an unusual circumstance for a particular meeting or meetings. The Executive Committee, by a standing rule, shall determine the hour of all regular Post Membership meetings. A special meeting of the Post may be called by the Commander, by a majority vote of the Executive Committee, by a majority vote of the members present at a regular or special meeting of the Post, or upon the written request of fifteen (15) members in good standing. Notice of any special meeting of the Post shall be mailed to the last known address of every member of the Post not less than seven (7) days in advance of such meeting. No business shall be transacted at a special meeting other than that stated in the notice of such meeting.
Section 2. Six (6) Post members in good standing who are not on the Executive Committee, plus the Commander or any Vice-Commander to chair the meeting, shall constitute a quorum.
Section 3. The order of business for the Post shall conform to that set forth in The American Legion Officer's Guide and Manual of Ceremonies.
Section 4. All parliamentary procedures of the Post not provided for in the Constitution or By-Laws shall be governed by "Robert's Rules of Order,” Revised.
Section 5. If the Chair is in doubt as to the ruling on any parliamentary matter or interpretation of the Constitution and By-Laws, he shall refer the question to the Judge Advocate, who will advise the Chair as to the proper ruling. A ruling by the Chair may be appealed by any member and overruled by two-thirds (2/3's) vote of the members present.
Section 6. All new members present, who are selected for membership, shall receive at least a welcoming packet consisting of a membership card, membership pin, copy of Post 146 Constitution and Bylaws and Clubroom House Rules. The Post will conduct such other ceremonies, as it shall from time to time deem appropriate.
Section 1. As soon as possible after the installation of officers, the responsible Officer shall recommend to the Commander, Chairmen, if required, of the following committees:
Americanism Children &, Youth Activities
Membership Community Service
Oratorical National Security
Charitable Gamming Public Relations
Boys State Veteran Affairs & Rehabilitation
Section 2. The Commander may appoint such other committees, as he deems necessary for the effective administration of the affairs of the Post.
Section 3. It shall be the duty of the chairmen to appoint members to their respective committees.
Duties of Officers
Section 1. The Commander is the presiding Officer of the Post. The Commander shall preside at all meetings of the Post except as hereinafter provided. He shall preside over and be chairman of the Executive Committee. He shall appoint all special committee chairmen. He shall represent the Post at all District meetings or designate someone to attend in his stead.
Section 2. The First Vice-Commander, in the absence of the Commander, shall assume all duties of the Commander. He shall have the primary responsibility for procuring new and renewal members. He may recommend to the Commander the appointment of a Membership Chairman; but, in any event, will be responsible to the Commander and the Post for the membership program. He will recommend to the Commander appointments for chairmanships of committees under his charge. He will coordinate the activities of the following committee chairmen: Membership, National Security and Public Relations.
Section 3. The Second-Vice Commander, if required, shall preside in the absence of the Commander and First Vice-Commander at the Post and Executive Committee Meetings. He shall have the primary coordinating responsibility for the majority of the Americanism activities of the Post. In this regard, it will be his duty to recommend to the Commander appointments for chairmanships of these various committees. He will coordinate the activities of the following committee chairmen: Boy's State, Oratorical, Americanism, Children & Youth Activities and. the Flag Program.
Section 4. The Third Vice-Commander, if required, shall preside in the absence of the Commander, First Vice-Commander and Second Vice-Commander. He will recommend to the Commander appointments to chairmanships of committees under his charge. In addition, he shall have primary coordinating responsibility for activities of the following committee chairmen: Community Service and Charitable Gaming.
Section 5. The Commander may assign to his Vice-Commander(s) such responsibilities and committee assignments, as he may deem appropriate. It shall be the duty of the Vice-Commander(s) to report to the Commander periodically on the progress of their committees. The Vice-Commander(s) shall be responsible for procuring annual reports from their committee chairmen. Nothing contained in ARTICLE V, Section 2, 3, and 4, shall preclude the Commander from making changes in committee assignments to specific Vice-Commander(s) as he deems necessary, provided such changes are approved by a majority of the Executive Committee.
Section 6. The Adjutant is responsible for the administrative functions of the Post. He shall be responsible for the preparation of all correspondence emanatingfrom the Post-except that delegated to other members of the Post by the Commander; maintain files of correspondence sent and received, and such other files as are deemed necessary by the Executive Committee; record and cause to be promptly filed, the signed official minutes of the Post meetings and the Executive Committee meetings; see that Post members are aware of the place and date/time of Post meetings; and publish any special notices, such as notices of special elections and proposed changes in the Constitution and By-Laws; collect from the Vice-Commander(s) reports of committee(s) under their jurisdiction and compile annually the reports of the Post activities and forward them to the District and Department Awards Committee; serve as custodian of all official documents of the Post, such as contracts and articles of incorporation, except when the documents would be more appropriately placed in the possession of the Historian or the Judge Advocate. The Adjutant shall, at the end of the Legion year, turn over to the Historian those documents no longer deemed necessary to the Post. The Adjutant will also create a CD/DVD containing a digital copy of the Minutes of all Legion meetings of the previous year to be filed within addition to but separate from the paper copies. The Adjutant will certify and send to Department the eligibility and membership status of newly elected officers annually as required. The Historian shall recommend to the Executive Committee that those documents that he deems have no historical value be destroyed.
Section 7. The Finance Officer shall ensure that moneys be properly disbursed at the proper time. He shall issue checks upon authorization of the Executive Committee or the committee chairman as set forth in these By-Laws. In the latter instance, all disbursements shall be subject to the approved budget. He shall see to it that a set of books is kept in as much detail as may be recommended by the Audit Committee and approved by the Executive Committee; submit a monthly financial statement for the membership at each monthly meeting and have the books available at that time for inspection by the Post; implement the recommendations of the Audit Committee and recommend a budget to the Executive Committee. He shall assure that all persons authorized to handle Posts funds are properly instructed in the handling of such funds, the type and extent of paperwork or records to be kept, and the time and type of reports(s), if any, to be made to the Finance Officer or the Executive Committee or both. The Finance Officer shall have oversight responsibility for all Post funds.
Section 8. The Sergeant-at-Arms is the sentinel or guardian of the Post. It is his responsibility to see that no one enters Post meetings without proper identification. He shall be responsible for the safekeeping, and for bringing to Post meetings, the colors, rifles, and other ritualistic materials; the posting of colors at meetings, funerals and other ceremonies at which the Post is represented; the initiation of new members and Post Everlasting. He shall count and transcribe the attendance at each meeting and report the same to the Adjutant. He shall be responsible for distribution and collection of ballots at all special elections. He shall be available to assist the Commander at all meetings. The Commander may appoint one or more Assistant Sergeant-at Arms, when he deems it necessary, to assist the Sergeant-at Arms or to assist the Commander. The duties of the Assistant Sergeant-at Arms will be assigned by the Commander. Assistant Sergeant-at Arms will not be considered officers of the Post and will not sit on the Executive Committee.
Section 9. The Chaplain, who may either be a clergyman or layman, is the spiritual leader of the Post. It shall be his responsibility to deliver the opening and closing prayers at the meetings, ascertain the names of the comrades who are ill, take charge of services for deceased comrades, assure flowers and/or cards are sent in the event of sickness or death, assist the Commander in the obligation of any new members of the Post and perform such other specific duties as outlined in The Manual of Ceremonies.
Section 10. The Historian will obtain from the Adjutant any documents of historical value to the Post and will maintain a file that includes the Post Charter, newspaper clippings and as many other documents as he deems necessary to maintain an adequate history of the Post. He shall fami1iarize himself with materials published by National Headquarters for use by Historians. He shall maintain a scrapbook containing Post documents, photographs and newspaper clippings with appropriate captions. He is the repository for documents not kept by the Judge Advocate or Adjutant.
Section 11. The Judge Advocate should preferably have had legal training and/or attend those pertinent classes or courses offered at the Department of Virginia annual AmericanLegionCollege. He is the parliamentarian of the Post. In matters of parliamentary procedure, the Commander may request counsel from the Judge Advocate, but shall not be bound thereby. The Judge Advocate shall have general supervision of all legal questions arising in the Post, including preparation of the Constitution and By-Laws and amendments thereto, contracts, deeds and leases.
Section 12. The Service Officer(s) is responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted to them by law. He must be trained and certified by the Department and /or Veterans Administration to utilize the expert services available through Legion channels and those of other agencies in his community. He has the job of getting information to the full-time professionals to make certain that every veteran and his dependents are adequately represented. He also serves as chairman of the Veterans Affairs and Rehabilitation Committee.
Section 13. All original Post records and documents, including, but not limited to, minutes, committee reports, contracts, tax records, employment documents and records, leases, Charitable Gaming records, checkbooks, etc. are to be kept and stored on the Post premises; except when removed for brief periods by the person(s) responsible for maintaining any such records or documents for the purpose of updating them or in performing the functions of the person(s) office at such person(s) residence or place of employment. All cash receipts (including checks) are to be either deposited in the appropriate banking institute or stored in a safe repository in the Post. Cash is not to be removed from the post to any person’s home, vehicle or other location other than for immediate deposit in the appropriate banking institution.
Section 1. The House Committee shall have the primary coordinating responsibility, subject to the approval of the Executive Committee, for the operation and maintenance of the physical facilities of the Post, and monitor the performance of the Clubroom/Facility Management. The House Committee shall recommend prices for beverages and food; set operating hours of the Clubroom; see that the Clubroom/Facility Manager makes timely deposits and prepares monthly reports that accurately reflect the financial condition of the Clubroom operation; require the performance of a quarterly inventory of bar snacks and beverages; and in general, see that the conditions of the Clubroom/Facility Manager’s contract are being fulfilled. The House Committee shall also have primary coordinating responsibility for the day-to-day maintenance, repair, and cleanup of the Post building and grounds, and shall take an inventory of all Post property prior to the installation of officers.
Section 2. The House Committee Chairman shall serve as liaison between Clubroom/Facility Management and the Executive Committee. He shall meet monthly with and advise the Executive Committee, but shall not be an additional member thereof, and he will have no vote nor will he be counted in determining a quorum. However, a current Executive Committee member may be appointed House Committee Chairman as an additional responsibility. The House Committee Chairman shall provide a monthly House Committee activity report to the Post Executive Committee.
Section 3. The House Committee shall consist of the following members:
a. The Chairman
b. Two members in good standing of American Legion Post 146, appointed by the House Committee Chairman, with approval of the Post Commander and ratification by the Executive Committee
Section 4. The House Committee shall investigate any reports of alleged infractions by members or their guests of the ‘Clubroom Rules” and shall make a report to the Executive Committee with recommendations for disposition.
Section 1. The ongoing sources of revenue to meet the Post's budgetary requirements are membership dues, Charitable Gaming and Clubroom revenues. In order to ensure a balanced budget, it shall be the responsibility of the Executive Committee to recommend fund-raising projects to make up the difference between anticipated revenues from ongoing sources and budgeted expenses.
Section 2. The amount of annual membership dues shall be set by the membership of the Post. Dues shall pay for Post, Department and National dues, annual subscription to The American Legion Magazine and the Virginia Legionnaire. The Membership shall act on a change in dues only after at least twenty (20) days’ notice to all members in good standing.
Section 3. Except for recurring expenses, such as utilities, mortgage payment, rent, routine maintenance not exceeding committee spending limits and taxes; no bills or services shall be paid without the approval of the Executive Committee or the Post membership.
Section 4. All money belonging to the Post, or derived through any activity of the Post, shall be deposited to the Post account(s), except where the Post has specifically authorized a committee to keep a separate temporary account, and then the chairman of that committee shall, as soon as practicable after the activity, turn over all revenues in excess of expenditures for the activity and furnish a detailed report of the financial activities of such committee. The Finance Officer is responsible for the payment of all bills and debts of the Post from the Post account(s), except where a separate account is authorized by the Post for the deposit and expenditures of funds related to specifically authorized activities. The following standing accounts are authorized for Clubroom operations and Charitable Gaming, subject to all pertinent rules and regulations and any imposed by the Executive Committee, or the Finance Officer as necessary to ensure good accounting practices:
a. Clubroom account - The Clubroom account shall be used for all revenues and expenses related to the operation of the Clubroom. The Clubroom/Facility Manager, and others authorized by the Executive Committee, is authorized to expend from the Clubroom account for the routine purchase of food, beverages and supplies, and to make repairs to Clubroom facilities and equipment. However, no expenditure shall be made from the' Clubroom account for equipment purchases or building improvements. Sufficient funds, as may from time to time be determined by the Executive Committee, shall be maintained in the Clubroom account to allow for the payment of operating expenses. Any identified excess shall be transferred to the appropriate Post account. A monthly report of Clubroom operations shall be made to the Executive Committee and Post membership.
b. Charitable Gaming account(s) - The Charitable Gaming accounts, which include the Bingo account and Social Quarters account shall be used for revenues and expenses related to charitable gaming. The Charitable Gaming Chairman and others, authorized by the Executive Committee, are authorized to expend from the Charitable Gaming account for bingo supplies and expenses directly related to the operation of charitable gaming and for certain specifically identified expenses authorized by the Virginia Charitable Gaming Commission. Sufficient funds (working funds), as determined by the Executive Committee, shall be maintained in the Charitable Gaming account to allow for operating cash and payment of expenses. A monthly report of charitable gaming operations shall be made to the Executive Committee and Post membership.
Section 5. No later than the April meeting, the Executive Committee shall devise a proposed budget for each Post operating committee and a total amount to be raised by the Post necessary for the new officers to carry on operations for the following Legion year. After the proposed budget has been finalized and approved by the incoming (newly installed) Executive Committee, it sha1l be presented at the next regular meeting for the approval of the membership. The Finance Officer shall be responsible for revising the budget to reflect expenditures and revenues in excess of previous budgeted amounts approved by the Executive Committee or the membership. Approval by the Post of the budget shall constitute authorization by the Post of such budget expenditures, after consultation with the Finance Officer in order to ascertain the availability of such funds. No Officer or committee chairman, except as previously provided for in these By-Laws, shall expend more than one hundred dollars ($100.00) of Post funds on any given activity, event or project that has not been budgeted without prior approval of the Executive Committee.
Section 6. The Commander shall appoint a committee of three (3) members to conduct an annual audit of the Post's books and accounts, and accounts of those committees authorized to handle funds, as soon as possible after Installation of officers, but not later than the September Executive Committee Meeting. No member of this committee shall have held any elected or appointed office in this Post responsible for funds, books or accounts subject to the audit, for the period covered by the audit, except that the Judge Advocate and Finance Office shall be "ex officio" members of the committee. The findings of this special committee shall be presented to the Post by the October membership meeting.
Section 7. All officers, committeemen or employees entrusted with funds shall be required to be bonded with corporate surety in accordance with Department and National By-Laws.
Section 1. Eligibility for membership shall be restricted to persons eligible under the National and Department Constitution of The American Legion. There will be no associate or honorary memberships. All new member applicants and transfers from American Legion National or Department membership rolls or other American Legion Posts will submit or provide documentation of qualification and proof of eligibility to the satisfaction of the Post recruiter or Membership Chairman. The normally accepted document that shows eligible periods of military service is the DD-214; however the applicant can provide other separation of military service records that show satisfactory evidence of qualifying service.
Section 2. An application for membership shall be in writing upon the form prescribed by the Department of Virginia, except that it shall not be necessary for a renewal member to complete this application form.
Section 3. Initial verification of an applicant's eligibility shall be the sole responsibility of the recruiter of the applicant. All applications for membership shall first be processed through the Post Membership Chairman who will, when he deems it necessary, investigate the applicant. If the application is found in order, the Membership Chairman shall present the name of the applicant for membership at the next regular meeting following receipt of the application.
Section 4. Applicants for membership shall be admitted to Post Membership by a majority of those present and voting at a regular or special meeting of the Post. While new applicants normally will be voted on together, if an unfavorable vote occurs, candidates shall be voted on separately. Nothing herein shall preclude any member in good standing from asking for and receiving a secret ballot on any applicant or applicants upon the majority vote of the members present.
Section 5. Dues shall cover membership from 1 January through 31 December. A member whose dues for the current year that have not been paid by 1 January shall be classified as delinquent, but may be automatically reinstated if his dues are paid before 1 February. If he is still delinquent after January, he shall be suspended of all privileges, but may be reinstated, upon approval of the Executive Committee and payment of current dues, prior to the fol1owing 30 June. If he is still under such suspension after 30 June of such year, his membership in The American Legion shall be forfeited. A member whose membership has been so forfeited may be reinstated to active membership in good standing by a vote of the Post and payment of current dues for the year in which the reinstatement occurs, however credit for prior continuous membership years may not be re-instated.
Section 6. The procedure for expulsion or suspension of a member of the Post other than for nonpayment of dues shall be in accordance with the provisions outlined in the By-Laws of the Department of Virginia.
Section 1. Any Officer of the Post may be removed from office under Article V, Section 3 of the Post Constitution, or by a two-thirds (2/3’s) vote of the general membership at a regular or special membership meeting, for failure or refusal to perform any of the functions of his office prescribed by these By-Laws or lawfully directed by the Commander, Executive Committee, or Membership; conviction of a felony, gross malfeasance in the performance of his duties; actions unbecoming a Legionnaire; any action that brings dishonor on Post 146 or The American Legion or repeated failure to attend meetings of the Post or of the Executive Committee.
Section 2. Discipline of Post members shall be as set forth in the Department By-Laws. Any member of Post 146 expelled from the Post or suspended under this Article shall automatically be expelled or suspended from Clubroom privileges. Expulsion or suspension from Clubroom privileges is not expulsion or suspension from the Post, but it may serve as a basis for disciplinary action under this section.
Suspension of By-Laws
Section 1. These By-Laws or any portion thereof may be suspended by unanimous vote of those present at any meeting of the Post or its Executive Committee when failure to suspend will result in irreparable damage to the Post or to a member, or when passage of time or requirement for notice will preclude timely action on an important matter for the good of the Post.
Section 1. Written notice as used in the Constitution or By-Laws of this Post shall be a communication deposited in the United States Mail to each member at his/her address on record with the Post, or emailed to those members who receive the Post newsletter by email. A statement identified as "NOTICE" in the Post newsletter will suffice if it meets the time requirements herein. The determinant date will be the Postmarked date or, in the case of the newsletter, the date of mailing.
Section 2. Times of required advance notice are as follows:
a. Special Membership Meeting ........................... Seven (7) days
b. Special Executive Committee meeting ................ No advance notice
c. Election .......................................................... Twenty (20) days
d. Amendment of Constitution or By-Laws .............. Twenty (20) days
e. Change in Dues ............................................... Twenty (20) days
Section 1. These By-Laws may be amended at any regular Post meeting by vote of two-thirds (2/3’s) of the members the Post attending such regular meeting, provided the proposed amendment(s) shall have been submitted in writing and read at the preceding regular meeting of the Post; and, providing further, that written notice shall have been given to all members a least twenty (20) days in advance of the date when such amendment(s) is to be voted upon, notifying the members that at such meeting a proposal to amend the By-Laws is to be voted upon. A copy of the proposed amendment(s) shall be posted in the Post Clubroom. Upon a majority vote of those present at any regular Post meeting, a proposed amendment for any item may be submitted to the membership for voting at a subsequent meeting; provided written notice is given as stated above. The membership, in approving amendments, may make, or delegate authority to make, changes in the proposed wording.
Section 2. These By-Laws are adopted subject to the provisions of the National By-Laws of the American Legion and of the Department By-Laws of the Department of Virginia, The American Legion. Any amendment to the said National or Department By-Laws which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying these By-Laws to the extent of such conflict.
Original Signed Original Signed
__________________ 05/20/2014 __________________________ 05/20/2014
Commander Date Attested: Post 146 Judge Advocate Date
Robert Kruckel Dennis Hubbes