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CONSTITUTION
HOPEWELL MEMORIAL POST 146, THE AMERICAN LEGION

[Approved by the General membership - April 15, 2013]

 

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 goodwill on earth; to safeguard and transmit to Posterity the principles of justice, freedom and democracy; to consecrate and sanctity our comradeship by our devotion to mutual helpfulness.

 

ARTICLE I

Name

Section 1. The name of this organization shall be HOPEWELL MEMORIAL POST NO. 146, THE AMERICAN LEGION; hereinafter referred to as the “Post”.          

           

ARTICLE II

Objectives

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 Department constitutions of The American Legion.

 

ARTICLE III

Nature

Section l. This Post is a Veterans organization and membership therein does not increase or diminish liability for military or police service.                       

Section 2. This organization shall be absolutely nonpolitical and nonsectarian and sha1l not be used for the dissemination of partisan principles or for the promotion of the candidacy of any person seeking public office or preferment. No candidate for nomination or election to, or no incumbent of, any remunerative elective public office shall hold any office in this Post and the declaration of candidacy for public office by any Officer in this Post shall automatically vacate his office in the Post and same shall be filled as provided in the by-laws.

Section 3. Rank does not exist in The American Legion and no member shall be addressed by his military or naval title in any meeting of this Post, unless such member is on active duty with some branch of military service. The restriction on use of military titles does not apply to courtesies extended outside the said Legion meetings, including correspondence and introductions.

Section 4. When used in the Constitution and By-Laws, the masculine references are generic and apply to male and female Legionnaires.

Section 5. This Post will not discriminate based on race, sex or religious beliefs, provided such beliefs do not violate the Post, Department or National goals of The American Legion.

 

ARTICLE IV

Membership

Section 1. Eligibility for membership in this Post shall be prescribed by the National Constitution of The American Legion. Qualifications and proof of eligibility shall be determined by the Post.     

Section 2. Applications for membership shall be in writing as prescribed by the Department of Virginia.

Section 3. All applications for membership shall be acted upon at the next regular Post meeting, as such regular meeting is defined in the By-Laws, following the making of such application and shall, at such meeting, be accepted, rejected or referred for further investigation and consideration.. If a majority of the members present at such meeting shall cast their votes against the acceptance of said application, then such application shall be recorded as rejected. A new application from the rejected applicant shall not be considered until after the expiration of six months from the date of rejection.

Section 4. Any member of this Post may be expelled for cause and/or restored to membership, and any former member of any other Post may be admitted to the membership in this Post, in accordance with the procedure and under the provisions of the By-Laws of the Department of Virginia and the National By-Laws of The American Legion.

 

ARTICLE V

Officers

Section 1. The administrative affairs of this Post shall be under the supervision of the Executive Committee, which shall consist of the officers of the Post, the immediate Past Commander and three Post members at large to be known as “Executive Committeemen.” This Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require. 

Section 2. The officers of the Post shall be a Commander, a First vice-commander, a Second vice-­commander (as needed), a Third vice-commander (as needed), a Finance Officer, a Post Chaplain, a Sergeant-­at-Arms, a Historian, and a Service Officer all of whom shall be elected by the membership annually with the exception of the service officer, who shall be elected for a three year term. Other Officers of this Post shall be a Post Adjutant and a Judge Advocate, who shall be appointed by the Commander and approved by the Executive Committee as provided in the By-Laws.

Section 3. The Executive Committeemen shall also be elected by the membership as provided in the By-Laws. All officers and Executive Committeemen shall hold office until their successors are duly installed or as otherwise provided herein. Any officer or Executive Committeeman may be removed from office for cause by two-thirds (2/3's) vote of the members present at any regular or special Executive Committee meeting. 

Section 4. Any member of this Post in good standing shall be eligible to hold office in this Post, except as otherwise provided herein.  However, after the 2005 - 2006 American Legion fiscal years, no person shall serve as Post Commander until he/she has served at least one full elected term on the Executive Committee and attended at least one session of the American Legion College.  Any Post member, otherwise qualified for Post Commander, who has not attended the American Legion College, may be elected Post Commander, but his installation in office and service in office shall be contingent upon attendance and completion of the next session of the college following elections.  Failure to attend such college session (or its equivalent) shall prohibit such person from further service as Post Commander; and the office shall be declared vacant and a new election for Post Commander shall be held at the earliest opportunity (after twenty days written notice to the membership), with nominations taken from the floor at a general membership meeting (either regular or special) and the election to take place immediately following nominations at the same membership meeting. All members elected to an Officer position must resubmit their documentation of qualification and proof of eligibility to the satisfaction of the current Post Adjutant at time of their acceptance of nomination for an office or not later than prior to installation as a Post Officer.  A copy will be filed and retained with secure Post records.  

Section 5. The responsibilities and duties of the officers and Committeemen shall be those usually pertaining to such offices and as further described in the By-Laws.

 

ARTICLE VI

Charter members

Section 1. Persons who became members of this Post before February 1, 1976, are known as charter members of Hopewell Memorial, Post No. 146, The American Legion.

 

ARTICLE VII

Meetings

Section 1. There shall be a regular monthly meeting held on such days as provided by the By-Laws.

Section 2. Special meetings may be called from time to time as provided by the By-Laws.

 

ARTICLE VIII

Amendments

Section 1. This Constitution is adopted subject to the provisions of the National Constitution of The American Legion and of the Constitution of the Department of Virginia, The American Legion. Any amendment to said National or Department Constitutions, which is in conflict with any provisions herein, 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 (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 is to be voted upon, notifying the members that at such meeting a proposal to amend the Constitution is to be voted upon.  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.

 


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