FORT DEARBORN POST #364

CONSTITUTION of FORT DEARBORN POST #364

Article I ‑ Name

Article I ‑ Section I
The name of this organization shall be the Fort Dearborn Post #364, The American Legion, Department of Michigan.

Article II ‑ Objects

Article II ‑ Section I
The objects and purpose of this Post shall be to promote the principles and policies as set forth in the Preamble of the National and Department Constitutions of the American Legion.

Article II ‑ Section II
The Post must conduct, open, and close its local meetings as per "National Manual of Ceremonies and Post Commanders Guide".

Article III ‑ Nature

Article III ‑ Section I
This Post is a civilian organization and membership therein does not affect or increase liability for military or police service.

Article IV ‑ Membership

Article IV ‑ Section I ‑ Eligibility
Eligibility to membership in this Post shall be as prescribed by the National Constitution of the American Legion.

Article IV ‑ Section II ‑ Applicants
All applications received at the annual meeting shall be voted upon immediately following the elections of Post Officers & Delegates. All applications for membership shall be acted upon at any regular or Special Post meeting by secret ballot. Any application receiving two‑thirds of the votes, cast of members present, shall be elected to membership in this Post.

Article IV ‑ Section III ‑ Loss of Post Membership
Any member of this Post may be expelled or suspended for any violation of the Constitution, By‑law's, or for improper conduct prejudicial to the welfare of the Post or the American Legion by a two‑thirds vote of the Post members present at a regular or Special Meeting of this Post. After charges are preferred under oath in writing to the Executive Committee and a fair trial had upon the same.

Article IV ‑ Section IV ‑ Loss of Elected Office
Any Officer of this Post may be removed for any violation of the Constitution, By‑law's, or for improper conduct prejudicial to the welfare of the Post or the American Legion by a two‑thirds vote of the Post members present at a regular or Special Meeting of this Post. After charges are preferred under oath in writing to the Executive Committee and a fair trial had upon the same.

Article IV ‑ Section V ‑ Reinstated
A member who has been expelled, suspended or removed may be reinstated by a two‑thirds vote of the Post members present of a regular or special meeting of the Post. Provided, however that s/he shall make payment of any arrears in his/her dues at the time of the expulsion or suspension.

Article IV ‑ Section VI ‑ Expelled, Suspended or Removed from Office by a Post
No person who has been expelled, suspended or removed from office by a Post, shall be admitted to membership in this Post without the consent of the previous Post. Except where such consent has been asked for and denied by such Post, s/he may then appeal to the State Executive Committee of the Department of the previous Post for permission to apply for membership in this Post, and shall be ineligible for membership until such permission is granted.

Article IV ‑ Section VII ‑ Written Notice
No officer shall be removed from office or no member shall lose membership, without being given a written notice, together with a copy of the charges against him/her and of the time and place in which s/he can submit to the Executive Committee, a written answer to such charges or in which s/he can appear in person, before the Executive Committee, together with witnesses and make answers to such charges. A regular or Special meeting shall be held by the general membership of the Post within eight [8] days of the decision of the Executive Committee.

Article V ‑ Administration

Article V ‑ Section I ‑ Membership
The Administrative officers of this Post shall consist of Commander, Sr.Vice Commander, Jr.Vice Commander, Adjutant, Finance Officer, Sergeant at Arms, Post Historian, Post Chaplain, Judge Advocate, and members of the Executive Committee.

Article V ‑ Section II ‑ Election or Appointment
Election or Appointment of the above named officers shall be as set forth in the By‑Law's.

Article VI ‑ Finances

Article VI ‑ Section I
Revenues of this Post shall consist of annual Post dues and such other sources as shall be approved by the Post. The amount of the Post annual dues shall not exceed Fifty [$50.00] and no/100 dollars.

Article VII ‑ Charter Members

Article VII ‑ Section I
All members affiliated with this Post during the year of 1931 shall be considered Charter Members.

Article VIII ‑ American Legion Auxiliary

Article VIII ‑ Section I
This Post recognizes an Auxiliary organization to be known as the Auxiliary Unit of Fort Dearborn Post #364, the American Legion. Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.

Article IX ‑ Amendments

Article IX ‑ Section I ‑ Automatically
This Constitution is adopted subject to the provisions of the National Constitution of the American Legion and the Department Constitution of the Department of Michigan, the American Legion. Any amendments to said National Constitution or Department Constitution which are in conflict with any provisions thereof, shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.

Article IX ‑ Section II ‑ By the Post
This Constitution may be amended at any regular Post meeting by vote of two‑thirds of the members of said Post attending such regular meeting providing that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post. And providing further, that written notice shall have been given to all members at least five [5] day's in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the Constitution is to be voted upon.

 

BY-LAWS of FORT DEARBORN POST #364

Article I ‑ Name

Article I ‑ Section I
The Post existing under these BY‑LAWS is to be known as, Fort Dearborn Post #364, Department of Michigan.


Article I ‑ Section II

The object of this Post is as set forth in the Constitution.

Article II ‑ Officers

Article II ‑ Section I
Officers shall be as set forth in the Constitution.

Article II ‑ Section II
The Post must conduct, open, and close its local meetings as per "National Manual of Ceremonies and Post Commanders Guide".

Article III ‑ Election of Officers

Article III ‑ Section I ‑ Nominations of Officers
Members of the Executive Committee, Delegates to District and State Conventions, and the allied War veteran's council shall be held the meeting previous to the election and the day of the election. District and Department delegates to be nominated separately.

Article III ‑ Section II ‑ Manner and Time
Election of officers, members of the Executive Committee, and delegates shall be held at the same meeting and timed to be at least thirty [30] day's prior to the Department Convention.

Article III ‑ Section III ‑ Time of Balloting
Nominations shall be made orally from the floor, exclusive of executive committeeperson and delegate. Nominees must accept or decline either orally or by written communication at the annual meeting and in the absence of the above requirements the nominees shall be declared ineligible for election.

Article III ‑ Section IV ‑ Persons in Charge of Election
The Commander shall appoint an election committee of not more than eight [8] members to have charge thereof and shall keep a record of the members voting, count the votes and certify the results of such votes to the Post on Election Day.

Article IV ‑ Majority Vote and Termination of Office

Article IV ‑ Section I ‑ Majority Vote
In all cases the candidate or candidates receiving the highest number of votes shall be declared the winner.

Article IV ‑ Section II ‑ Tie votes
In the event of a tie vote for any office, the Commander shall reconvene the meeting and another vote be cast for the tied office by those members present. Said voting shall be by secret ballot.

Article IV ‑ Section III ‑ Termination of duty
The termination of duty for all elected officers shall occur at the installation of the newly elected officers. Said installation shall be held not later than the third meeting following the election.

Article IV ‑ Section IV ‑ Vacancy of office
The executive committee shall have the authority to declare the existence of a vacancy of office when such vacancy occurs do to resignation, death, unexcused absence. An unexcused absence of this Post shall be understood to be three [3] consecutive absences of Post or Executive Committee meetings as determined by the Executive Committee. The Commander shall fill vacancies by appointment subject to approval of the membership.

Article V ‑ Post Executive Committee

Article V ‑ Section I ‑ Members and Requirements
The Post Executive Committee shall consist of the Sr.Vice Commander, Jr.Vice Commander, Finance Officer, Adjutant, Service Officer, Immediate Past Commander, plus six [6] member to be elected from the membership at large. 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 [10] days after the installation of the new officers. Thereafter the Post Executive Committee shall meet at the call of the Commander at least every 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 four [4] or more members of said Post Executive Committee. Nine [9] members of the Post Executive Committee shall constitute a quorum thereof. The Commander as an ex‑officio member shall vote only in case of a tie.

Article V ‑ Section II ‑ Authority and Supervision
The Post Executive Committee shall have the authority to hire, appoint and have administrative authority over such employees as may be necessary. Shall require adequate bonds from all persons having custody of Post funds: shall hear reports of Post Committee Chairperson and generally shall have charge of and be responsible for the management of the Post. All actions of the Post Executive Committee shall be subject to approval of the members at a regular meeting. Provided however, that items of an emergency nature requiring immediate action can be acted upon by the Executive Committee without membership approval.

Article V ‑ Section III ‑ Post Bar Committee
The Post Bar Committee shall consist of five [5] members, three [3] of whom shall be appointed from the members of the Post Executive Committee and have the authority to cast votes on behalf of their membership class, one [1] of whom shall be a Post Auxiliary member elected by the Post Auxiliary membership and have the authority to cast one collective vote on behalf of their membership class and one [1] Sons of the American Legion member elected by the Post S.A.L. Squadron membership and have the authority to cast one collective vote on behalf of their membership class. The Post Bar Committee shall supervise the Post Bar and the Lounge and shall report to the Post Executive Committee and to the Post Membership. The Executive Committee shall approve the Post Bar Committee Members subject to approval by a vote of the Post Membership present at a regular meeting of the Post.

Article V ‑ Section IV ‑ Loss of Lounge Privileges
Any member of this Post may lose lounge privileges for conduct that is unbecoming or disruptive. Once charges are preferred under oath and in writing, the Bar Committee will make its recommendation. A majority vote of the whole Executive Committee shall either accept or reject this recommendation. Member will be notified and may appeal to the Post.

Article V ‑ Section V ‑ The Hall & Bar Manager
No elected officer or appointed officer shall serve as the Bar Manager or Hall Manager.

Article VI ‑ Duties of Officers

Article VI ‑ Section I ‑ Post Commander
The Post Commander, shall preside at all meetings of the Post and Executive Committee. S/He shall be the first delegate of the Post to Conventions, meetings and all gatherings in which the Post is represented by delegation. S/He shall appoint, subject to confirmation by the Executive Committee, Service Officer, Welfare Officer, Correspondence, Publicity Officer, and the Chairperson of all standing Committees as provided in the Constitution. S/He shall countersign all checks and hold office until the qualification of his successor.

Article VI ‑ Section II ‑ Senior Vice Commander
The Senior Vice Commander shall assume and discharge the duties of the office of Commander in the absence or disability of the Commander or when called upon by the Commander. S/He shall be in charge of membership, submitting a report at each regular meeting.

Article VI ‑ Section III ‑ Junior Vice Commander
The Junior Vice Commander shall assume and discharge the duties of the office of Commander in the absence or disability of the Commander or Senior Vice Commander. S/He shall be in charge of all social activities of the Post. This office shall be bonded.

Article VI ‑ Section IV ‑ Post Adjutant
The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National organization may require, render reports of membership annually or when called upon at a regular meeting and under the direction of the Commander, handle all correspondence of the Post. The Post Adjutant will inform the membership annually of all Post and Executive Committee meetings as to time and location. This office shall be bonded.

Article VI ‑ Section V ‑ Post Finance Officer
The Finance Officer of the Post shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall render a detailed account of receipt and disbursements and the general finances of the Post, at the regular meeting of each month. S/He will make such recommendations as s/he may deem expedient or necessary for raising funds with which to carry on the activities of the Post. S/He will sign all checks countersigned by the Commander or Adjutant, disbursing monies of the Post. This office shall be bonded.

Article VI ‑ Section VI ‑ Post Historian
The Post Historian shall be charged with the individual records and incidents of such 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 Executive Committee.

Article VI ‑ Section VII ‑ Post Chaplain
The Post Chaplain shall be charged with the spiritual welfare of 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 VI ‑ Section VIII ‑ Sergeant‑at‑Arms
The Post Sergeant‑at‑Arms shall, as the guardian of the door, be responsible that no unauthorized person gain admittance to any meeting of the Post. S/He will under the direction of the presiding officer maintain proper order at all meetings of the Post. S/He will be the custodian of the Colors and firearms and will be responsible for the proper handling of the Color Guard and Firing Squad for all occasions that they are required. S/He shall prepare the hall before meetings and see that the officer stations are in place per the Manual of Ceremonies. S/He shall record the names of members and guests for a full report when called upon during the meetings.

Article VI ‑ Section IX ‑ Service Officer
The Post Service Officer shall familiarize himself/herself with all veterans legislation and ascertain the necessary procedure for securing benefits under them. S/He will secure all necessary forms, etc., needed to apply for the various benefits. S/He will advise the Post membership of their privileges under the law and will assist members having just claims in securing favorable action on such claims. S/He will work in close coordination with the Post Child Welfare Chairman. A revolving fund may be provided by the Post for emergencies between periods of Post authorization. S/He will submit reports to the Post.

Article VII ‑ Delegates

Article VII ‑ Section I ‑ Department of Michigan
The Post shall be entitled to representation in the Department of Michigan annual convention as authorized by the Constitution of the Department of Michigan, only upon the basis of the number of members who have actually paid their dues thirty [30] days prior to the State Convention. They shall be elected as provided in Article III of the By‑Laws.

Article VII ‑ Section II ‑ 16th District and Dearborn Allied War Veterans Council
The Post shall be represented in the 16th District and Dearborn Allied War Veterans Council on the basis as that which is allowed in the Constitution of the 16th District and Dearborn Allied Veterans Council. The Delegates and Alternates must have attended at least fifty [50] percent of regular Post meetings in order to be nominated for Delegate of the Post. All Delegates shall be nominated at the annual Post meeting and will assume their duties at the following regular meeting of the 16th District and the Dearborn Allied War Veterans Council.

Article VII ‑ Section III ‑ Duty of the first Delegate
It will be the duty of the first Delegate to keep a record of attendance of Delegates to all meetings and report to the Post the attendance or absence of each member of the delegation to any and all meetings which they should attend. The Post Commander will be the first Delegate of the Post, as provided in ArticleVI SectionI.

Article VIII ‑ Appointments

Article VIII ‑ Section I
The Post Commander shall within thirty [30] days of taking office, appoint the following from the Post membership: Service Officer, Judge Advocate and Adjutant, also Chairperson of the following committees; Publicity, Americanism, and a three [3] member Auditing Committee. Which shall audit all the books before the new Finance Officer is installed and at such other times as deemed necessary by the Commander. S/He shall appoint other Chairperson and Committees as required.

Article IX ‑ Meetings

Article IX ‑ Section I ‑ Regular Meeting
The regular meeting of the Post shall be held at the Post home, on the Second Monday of each month. Starting time will be posted. At which may be transacted such business as may properly brought up for action; such meetings may be converted into entertainment meetings, as may be deemed advisable by the Officers of the Post.

Article IX ‑ Section II ‑ Special Meeting
The Post Commander or a majority of the Executive Committee shall have the power for calling Special meetings of the Post at any time.

Article IX ‑ Section III ‑ Quorum of the Post
Ten [10] members in attendance will constitute a quorum of this Post. Meetings of all Committees including the Executive Committee shall be open to all members in good standing.

Article X ‑ Notices

Article X ‑ Section I ‑ Mailing Address
Every member shall furnish the Post Adjutant with his or her address for mailing purposes.

Article X ‑ Section II ‑ Annual Nomination and Election
The Post Adjutant shall cause notices of the Annual Nomination and Election to be given at least fourteen [14] days prior thereto.

Article XI ‑ Salaries

Article XI ‑ Section I
The Post Adjutant shall be paid one dollar [$1.00] per member.

Article XII ‑ Rules of Order

Article XII ‑ Section I
All proceedings of this Post shall be conducted under and pursuant to Roberts Rules Of Order, except as herein otherwise provided.

Article XIII ‑ Limitations of Liabilities

Article XIII ‑ Section I
This Post shall not incur, or cause to be incurred, no liability nor obligation, which shall subject to liability any other Post, subdivision, members of the American Legion, individuals, corporations, or organizations. Nor shall any member or members incur any liability to the Post without written consent of the Executive Committee.

Article XIV ‑ Amendments

Article XIV ‑ Section I ‑ By‑Laws
These By‑Laws may be amended at any regular Post meeting by such vote of two‑thirds of 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 provided, further, that written notice shall have been given to all members at least five [5] 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. The Fort Dearborn Bugle will be classified as official notice.

Article XV ‑ Finances

Article XV ‑ Section I ‑ Annual Post Dues
Revenue of this Post shall consist of Annual Post Dues and such other sources as shall be approved by the Post. The amount of the Post annual dues shall be determined by the Post as circumstances warrant.

Article XV ‑ Section II ‑ Fifty [50] years Continuous Membership
The Post shall elect to pay the annual Post dues of any Legion member of Fort Dearborn Post 364 by an approved motion from any meeting that has a quorum providing said member, has been a member in good standing of this Post for Fifty [50] years continuously and providing finances are available to do so. In the event that said member transfers to another Post and is re‑elected to membership in Fort Dearborn Post 364 his continuous membership shall re‑start at the first year to qualify under this section.

Article XVI ‑ Post Members in Public Office

Article XVI ‑ Section I ‑ Right to Public Office
The right of a member to hold an office in the American Legion shall not be abridged by reason of being elected or appointed to a public office.

Article XVII ‑ Life Members

Article XVII ‑ Section I ‑ Election of Life Members
Life members will be elected by the life member committee from sealed nominations.

Article XVII ‑ Section II ‑ Life Member Committee
The Life member committee will consist of all members of Post #364 who have been awarded the Life Member Card.

Article XVII ‑ Section III ‑ Committee Meetings
The Life Member Committee will meet once a year on the 1st Monday of November.

Article XVII ‑ Section IV ‑ Officers of Committee
The Life Member Committee will elect a Chairperson and a Secretary to serve a one‑year term.

Article XVII ‑ Section V ‑ Qualifications and Nominations
This member must have a minimum of ten [10] years service in Fort Dearborn Post #364 to even be considered. Nominations must be submitted by letter stating the qualifications of the member in a sealed envelope.

Article XVII ‑ Section VI ‑ Election and Notification of Awards
Election will be by simple majority of the Committee. The announcement will be at the discretion of the Commander. No more than two awards will ever be given in one calendar year, July 1st to June 30th.

Article XVIII ‑ Null and Void

Article XVIII ‑ Section I
All previous Constitutions, By‑Laws, motions and resolutions are hereby declared Null and Void.


Article XVIII ‑ Section II
The By-Laws may be amended subject to the provisions of Article IX, Section II of the Post Constitution.


APPROVED BY:
Department Judge Advocate, Judge James A. Callahan, 01-Sep-2011