CONSTITUTION AND BY-LAWS
OF
OTTO HENDRICKSON
AMERICAN LEGION POST 212
PARK RAPIDS
DEPARTMENT OF MINNESOTA
(Approved___________)
CONSTITUTION OF OTTO HENDRICKSON AMERICAN LEGION POST 212 PARK RAPIDS DEPARTMENT OF MINNESOTA
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 All 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 sanctify our comradeship by our devotion to mutual helpfulness.
ARTICLE I – NAME
Section 1. The name of this organization shall be Otto Hendrickson American Legion Post 212, Park Rapids, Department of Minnesota.
ARTICLE II – OBJECTS
Section 1. The objects and purposes of this Post shall be to promote the principles and policies as set forth in the foregoing preamble, and the national and departmental Constitutions of The American Legion.
ARTICLE III – NATURE
Section 1 This Post is a civilian organization and membership therein does not affect or increase liability for military or police service.
Section 2. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.
Section 3. Rank does not exist in The American Legion; no member shall be addressed by his military or naval title in any meeting of this Post.
ARTICLE IV – MEMBERSHIP
Section 1. Eligibility to membership in this Post shall be as prescribed by the National Constitution of the American Legion.
Section 2.
a) Application for membership shall be made in writing or with application and must be accompanied by the amount of the annual Post dues.
b) The receipt shall be a provisional card entitling the applicant to use the Post facilities, but not privileges of membership. Membership is provisional upon obtaining a copy of a DD-214 or ID card showing eligibility status.
c) Any member requesting to transfer into the Post shall show proof of membership in another Post.
Section 3. Applications can be accepted, but no membership card shall be issued until the Post Adjutant or Commander has found that the applicant is duly qualified with either a copy of their DD-214, an Armed Forces ID Card or a Veterans ID Card.
SECTION 4. Members may be suspended or expelled from the American Legion only upon proper showing of cause, and upon proceedings as provided for in the Officer’s Guide, “Practice and Procedure in the Expulsion or Suspension of a Member of the American Legion. Any appeal shall be taken to the Department Executive Committee, and the case shall be tried anew. The decision of the Department Executive Committee in such cases shall be final.
SECTION 5. A member who has been expelled or suspended from this Post for any cause may be reinstated to membership by a majority vote of the membership present in the Post meeting, and the payment of the current dues for the year in which the reinstatement occurs.
SECTION 6. No person who has been expelled by a Post shall be admitted to membership in this Post, without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, he may then appeal to the Department Executive Committee of the Department of the expelling Post, and shall be ineligible for membership until such permission is granted.
ARTICLE V – OFFICERS
SECTION 1. The administrative affairs of this Post of The American Legion shall, except as may be otherwise provided by the by-laws, be under the supervision of an Executive Board which shall consist of six (6) members in addition to the Officers of the Post. 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 this Post shall be a Commander, First Vice-Commander, Second Vice-Commander, and Adjutant, Finance Officer, Chaplain, Historian, Service Officer, Judge Advocate and Sergeant at Arms. All Officers, except for the Adjutant, who is appointed by the elected Commander and approved by the Executive Board before taking office, shall be elected by the membership, from a slate that is drawn up by the Past Commanders’ Nominating Committee. Nominations can be made from the floor for election to any of the offices. All nominations from the floor and the Nominating Committee shall be made at the regular meeting preceding the annual election, and again at the election meeting.
Section 3. Election of Post Officers and Executive Board members shall take place at the regular May General Membership meeting each year. All elective Officers and Executive Board Members shall be elected and installed in June annually and will hold office until their successors are duly installed as otherwise provided.
Section 4. Every member of this Post in good standing shall be eligible to hold office in this Post.
Section 5. The duties of the officers and Executive Board members shall be those usually performed by such officers or Board members of private businesses, and as further provided by the By-Laws.
Section 6. All duly elected and appointed officers of the Post shall take the oath of office as prescribed in the Manual of Ceremonies adopted by the American Legion Officers Guide, before assuming their duties.
ARTICLE VI – FINANCE
SECTION 1. The revenue of this Post shall be derived from membership or initiation fees, from annual membership dues and such other sources as may be approved by the Post Executive Board.
SECTION 2. The amount of such membership or initiation fees and the amount of such annual Post dues shall be fixed and determined by this Post.
SECTION 3. The Post shall pay to Department Headquarters the National and Departmental annual membership dues for every member of the Post.
ARTICLE VII –TRANSFER OF MEMBERSHIP
Upon application to the Post Adjutant or assigned Membership Chairman, any member of the Post desiring to transfer to another Post shall be entitled to a transfer card to such other Post, provided all dues and assessments have been paid to date. Record of such transfer forthwith shall be transferred to the Department Headquarters
ARTICLE VIII – CEREMONIES
The Manual of Ceremonies adopted by the American Legion Officers Guide shall be followed whenever the Post acts as a unit or bodies comprised of members are duly authorized to act for the Post.
ARTICLE IX – CHARTER MEMBERS
SECTION 1. Members who joined this Post before October 21, 1920 (or members who joined this Post before the issuance of the charter) shall be known as charter members.
ARTICLE X – CHARTER MEMBERS
SECTION 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Otto Hendrickson Post 212, The American Legion.
SECTION 2. Membership in the Auxiliary shall be prescribed by the National Constitution of the American Legion Auxiliary.
Section 3. The Auxiliary is part of the American Legion family.
ARTICLE XI – SONS OF THE AMERICAN LEGION
Section 1. This Post recognizes the Sons of the American Legion to be known as S.A.L. Squadron of Otto Hendrickson Post 212, The American Legion.
Section 2. Membership in this organization shall be as prescribed by the National Constitution of the Sons of the American Legion.
Section 3. The Sons of the American Legion are part of the American Legion family.
ARTICLE XII – AMERICAN LEGION RIDERS
Section 1. This Post recognizes the American Legion Riders to be known as Legion Riders of Otto Hendrickson Post 212, The American Legion.
Section 2. Membership in this organization shall be as prescribed by the National Constitution of the American Legion Riders.
Section 3. The American Legion Riders are part of the American Legion family.
Article XIII – AMENDMENTS
Section 1. This Constitution is adopted subject to the provisions of the National Constitution of the American Legion, and of the Department Constitution of the Department of Minnesota, The American Legion. Any amendment to said National Constitution or Department Constitution which conflicts 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 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 30 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 Constitution is to be voted upon.
POST BY-LAWS OF OTTO HENDRICKSON AMERICAN LEGION POST 212 PARK RAPIDS, DEPARTMENT OF MINNESOTA
ARTICLE 1
Section 1. The Post existing under these By-laws is to be known as Otto Hendrickson Post 212, The American Legion, and Department of Minnesota.
Section 2. The objects of this Post are outlined in the Constitution.
ARTICLE 2 – Management Section
Section 1. The Government and Management of the Post are entrusted to an Executive Board of 18 members to be known as the Executive Board.
Section 2. The Executive Board all consist of 6 members in addition to the officers of the Post and together with the other officers of this Post shall be elected annually in May and take office at the meeting next following that of the election. All elections of officers and the Executive Board 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. Candidates for office or board member must be a current year member of this Post and may be asked to furnish their proof of eligibility by a copy of their DD214 or a copy of their service orders.
Section 3. All vacancies existing in the Executive Board or in any office of the Post from any cause other than the expiration of the term shall be filled by a majority vote of the remaining members of the board, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer who succeeded. A vacancy shall exist when an Officer or Executive Board member is absent from the Post for a continuous period of three (3) months; this will be considered detrimental to the interest of the Post by the Executive Board.
ARTICLE 3 – Post Executive Board
Section 1. The Post Executive Board shall meet for organization and such other business as may come before it at the call of the Post Commander within 30 days after the installation of the new officers. Thereafter, the Post Executive Board shall meet the Monday before the Second Tuesday of each month or at the call of the Commander and as often as the Commander may deem necessary. The Commander shall call a meeting of the Post Executive Board upon the joint written request of three (3) or more members of the Post Executive Board. Nine (9) members of the board shall constitute a quorum, or 7 members for a special/emergency meeting.
Section 2. The Post Executive Board shall hire such employees and as may be necessary for the Post functions. The Executive Board shall authorize and approve all expenditures of the Post; shall require and obtain background checks and adequate bonds for or from all persons having custody of Post funds shall hear reports of Post committee chairs, Bar manager and generally shall have charge of and be responsible for the management of the affairs of the Post.
Section 3. The Post Executive Board may hire a Bar Manager (Manager) to oversee the daily management, deposits, and operation of the bar/lounge and the Post Hall rental activities. The Manager shall be responsible for the day-to-day operations of the Post rooms. The Manager shall have the authorization for day-to-day expenditures and repairs up to $1,000.00. Expenditures that will exceed this amount must be approved by the Post Executive Board. The Manager shall report to the Executive Board on monthly operations, income, expenses, recommend any improvements or capital expenditures for their consideration, and discuss scheduled events for upcoming months. The Manager shall recommend any employee needs or actions to the Executive Board and shall abide by any decisions made by the Post Executive Board any properly called meeting(s).
Section 4. The Post Executive Board shall appoint a Games Manager at its first regular meeting after installation of the new officers. The Games Manager/assistant shall be responsible for all monies received from lawful gambling and see they are deposited in a local bank or banks. Games Manager shall be responsible for the operation of lawful gambling, including hiring and dismissal of help, the purchase of games, supplies, and all reports required by the State of Minnesota and the IRS regarding lawful gambling. Games Manager shall report monthly to the Post Executive Board and general membership meetings with financial reports and updates on gambling.
Section 5. There will be no consumption of alcoholic beverages by any employee of the Post during their normal working hours. Any violation shall be brought to the attention of the Post Executive Board. A verbal warning will be issued to any employee for such action. A second violation will result in a review by the Post Executive Board and if confirmed, will result in disciplinary action up to and including dismissal.
Section 6. A grievance by any officer, member or employee will be heard by the Post Executive Board. After proper investigation, the decision of the Post Executive Board be final and binding on all parties.
Section 7. The Post Executive Board shall review all employee performance and wages in December of each year and shall consider any adjustment to wages or bonuses at its December meeting.
Section 8. The Post Executive Board is a trust which the members will not regard lightly and will give to all details thereof the same degree of efficient supervision and management necessary in private business to ensure profit and satisfaction of service. The Post shall be operated in a business-like manner with every effort being made toward its successful operation.
ARTICLE 4 – 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 Executive Board. The Commander shall have general supervision over the business and affairs of the Post and such officer shall be the chief executive officer of the Post. The Commander shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the Post for the year, and recommendations for the ensuing year, which shall be read at the annual meeting. The Commander shall perform such other duties as directed by the Post Executive Board.
Section 2. Duties of the 1st Vice-Commander. The 1st Vice-Commander shall assume and discharge the duties of the office of Commander in the absence or disability of or when called upon by the Post Commander. They shall also be the ex-officio membership director.
Section 3. Duties of the 2nd Vice-Commander. The 2nd Vice-Commander shall assume and discharge the duties of the office of Commander in the absence or disability of the Post Commander and 1st Vice-Commander. They shall also be the ex-officio entertainment director.
Section 4. Duties of 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 Organizations may require, render reports of membership annually or when called upon at a meeting, and under the direction of the Commander, handle all correspondence of the Post. The adjutant is appointed annually by the newly elected Post Commander in May of each year.
Section 5. Duties of the Finance Officer.
a) The Finance Officer shall oversee all financial affairs.
b) S/He shall make sure that all employees, committees and members, including those concerned with money raising and special events who receive or disburse money on behalf of the Post, keep accounts and records and make deposits of funds as specified by the Executive Board.
c) The Finance Officer shall report to the Executive Board and the General Membership the financial conditions of the Post with recommendations s/he deems desirable.
Section 6. Duties of 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 membership or the Executive Board.
Section 7. Duties of Post Chaplain. The Post Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian service in the event of dedications, funerals, public functions (Memorial Day, etc.), and adhere to such ceremonial rituals as are recommended by the National or Department headquarters from time to time. Shall serve as Memorial Day Program Chair.
Section 8. Duties of Sergeant-at-arms. The Post sergeant-at-arms shall preserve security and order at meetings and shall perform such other duties as may be assigned by the Post Executive Board. Sergeant-at-arms shall perform duties as directed by the Commander at all meetings and assure members and guests are greeted and introduced at Post meetings.
Section 9. Duties of Games Manager. The Post Games Manager shall be responsible for all monies received from the lawful gambling. Further, the Manager shall be responsible for the operation of lawful gambling, including the hiring and dismissal of help, the purchase of gaming supplies, and all reports required by the State of MN and the IRS. The manager shall report monthly to the Post Executive Board and the General membership with financial reports and updates.
Section10. Post Service Officer. The Post Service Officer shall have the responsibility of looking out for the welfare of not only members of this Post but also for those war veterans particularly in need of assistance. The Post Service Officer shall report monthly to the membership meeting on VA benefits, changes to benefits, and legislation that may affect veterans.
Section 11. Post Judge Advocate. The Post Judge Advocate shall have the responsibility of interpreting the constitution and by-laws and when called upon by the Commander or the Executive Board or members of the Post to rule on the legality of their actions and decisions insofar as they affect the good of The American Legion. The Post Judge Advocate is to supply professional advice in the conduct of the Post business or to procure proper counsel in that advice.
Section 12. Immediate Past Commander. The immediate Past Commander shall be responsible for assisting the incoming Commander with the knowledge gained through their leadership experience and to place that wisdom at the disposal of the incoming Commander in order that the members of the Post may benefit there from.
ARTICLE 5 – Appointments.
Section 1. The Post Commander, immediately upon taking office each year, shall appoint the following standing committees: Americanism; Athletic; Building; Gambling committee; Post Committee; Children and Youth; Sons of American Legion Liaison; American Legion Riders Liaison; Education and Scholarships; Membership; Oratorical; Service; National Security; Economics; Visiting VAAS; and Public relations. Each committee chair so appointed, including ex officio chair of membership and entertainment committees, shall choose their committees from the members to serve with them.
ARTICLE 6 – Resolutions.
Section 1. All resolutions of State or National scope presented to the Post by a member or reported to the Post by a committee shall merely embody the opinion of the Post on the subject and copy of same shall be forwarded to District Commander and Adjutant for its approval before any publicity is given or action other than mere passage by the Post is taken.
ARTICLE 7 – Meetings.
Section 1. The regular membership meeting of the Post shall be held at the post rooms on the Second Tuesday of every 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 officers of the Post.
Section 2. The Post Commander or a majority of the Post Executive Board shall have the power to call a special Post membership meeting at any time.
Section 3. Upon written request of Fifteen (15) members, the Board shall call a special meeting of the Post.
Section 4. Fifteen (15) Current year paid members shall constitute a quorum to conduct business.
Section 5. Delegates to District and Department conventions shall be chosen by the membership at the regular Post meeting in March of each year. The member chosen must have attended no less than six (6) meetings during the past year, March 1st to February 28th. Delegate fees will be set and voted on by the members at the March membership meeting. A delegate must attend the District Convention in order to be a delegate to the Department convention. The Commander, Adjutant and district or department officers or committee members are automatic delegates.
Section 6. Any motion or recommendations approved by the members at a Post membership meeting that involve expenditures by the Post not previously reviewed and recommended by the Executive Board must be given to the board or committee for review and recommendation before being authorized.
Section 7. Under extraordinary circumstances, the Post Executive Board is authorized to conduct all Post business and conduct elections via a combination of email and mail. Voting by mail or e-mail must be verified to confirm the identity of the voter. Verification can be done by confirmation of the address, recognition of a voter’s signature, or use of a password. In addition, the Post, in any voting done by mail or e-mail, will make a good faith effort to contact all Post members to notify each of the Post’s intention to conduct a vote by mail or e-mail. An attempt to contact all Post members must be made. An example of extraordinary circumstances is the coronavirus pandemic in which civic orders were issued only allowing meetings of 10 or fewer individuals.