Thursday, September 17, 2015

Constitution

PROPOSED American Legion Post 3 CONSTITUTION 
CONSTITUTION 
of Mark A. Moore Post 3, 
American Legion, Department of Arizona

PREAMBLE 
For God and Country we associate ourselves 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 inoculate a sense of individual obligation to the Community, State, and Nation; to combat the autocracy of both classes and masses; to make right the master of might; to promote peace and goodwill on earth; to safeguard and transmit to posterity the principals 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 Mark A. Moore Post 3, The American Legion, Department of Arizona.

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 forgoing preamble, and the National and Departmental Constitutions of The American Legion.

ARTICLE III 
NATURE 
Section 1. This post shall be 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 or for the promotion of the candidacy of any person seeking public office or preferment.
Section 3. Rank shall 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 in the National Constitution of The American Legion.
Section 2. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the National Constitution of the American Legion.
Section 3. All applications for membership may be acted upon at the next post meeting following the making of such application, and may at such meeting, be accepted, rejected, or referred for further investigation and consideration. When a majority of the members at such meeting cast their vote against the acceptance of said application, then such application shall be recorded as rejected.
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 Officers Guide, A 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 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, s/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 Committee which shall consist of three (3) members in addition to the officers of the post. The term of office of members of the Executive Committee shall be for one year. This post, by its Bylaws, 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 Post Commander, Vice Commanders, a Post Adjutant, a Finance Officer, a Post Historian, a Post Chaplain, a Post Service Officer, and a Sergeant-at-Arms, and such officers as may be deemed necessary by this organization, who shall be nominated from the floor at the meeting preceding the annual election.
Section 3. The post shall elect its officers for the ensuing year not less than forty-five (45) days prior to the Arizona Department convention of that year, and such officers shall be installed within the forty-five (45) days prior to the convention of that year, or not later than the first meeting of September of such year. All installations of officers of this post shall be subject to the approval of the District Commander.
Section 4. The personal liability of each member of the Executive Committee and each uncompensated officer of the post or its members, for monetary or other damages, for conduct as an executive committee person, or officer, or member shall be eliminated to the full extent permitted by law.
Section 5. All officers and executive committee members shall hold office until their successors are installed or as otherwise provided. Any officer or executive committee member may be removed for inefficiency by the executive committee, a 2/3 vote in favor of removal by said committee shall effect such removal.
Section 6. Every member of this post in good standing shall be eligible to hold office in this post.
Section 7. The duties of officers and the executive committee shall be those usually appertaining to such officers or committee and as further provided by the post Bylaws.

ARTICLE VI 
FINANCE 
Section 1. The revenue of this post shall be derived from membership or initiation fees, from annual membership dues and from such other sources as may be approved by the post Executive Committee.
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 Arizona Department Headquarters the National and Departmental annual membership dues for every member of the post.

ARTICLE VII 
CHARTER MEMBERS 
Section 1. Members who joined this post prior to November 11, 1918 shall be known as charter members.

ARTICLE VIII 
AUXILIARIES 
Section 1. This post may recognize auxiliary organizations, including but not limited to American Legion Auxiliary, Sons of American Legion, and American Legion Riders, which shall be known as Auxiliary Units of Mark A. Moore Post 3, The American Legion.
Section 2. Membership in the Auxiliaries shall be as prescribed by the National Constitution of the American Legion Auxiliary.

ARTICLE IX 
AMENDMENTS 
Section 1. This constitution is adopted subject to the previsions of the National Constitution of The American Legion and the Department Constitution. Any amendment to said National Constitution or Department Constitution which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.
Section 2. This constitution may be amended at any regular post meeting by a vote of two-thirds of the members of said post attending such regular meeting, providing that the proposed amendment shall have been submitted in writing and made available at the next preceding 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 on, notifying said members that such meeting a proposal to amend the Constitution is to be voted upon.

Approved By
______________________________Post Commander
______________________________Vice Commander
______________________________Adjutant
On This Day _______________________________

Bylaws

PROPOSED American Legion Post 3 BYLAWS 

BYLAWS
of Mark A. Moore Post No. 3, 
American Legion, Department of Arizona 

ARTICLE I
NAME 
Section 1. The Post existing under these Bylaws shall be known as Mark A. Moore Post #3, The American Legion, Department of Arizona.
Section 2. The objects of this Post shall be as set in the constitution.

ARTICLE II
MANAGEMENT 
Section 1. The government and management of the post shall be entrusted to an executive committee, to be known as the Executive Committee.
Section 2. The Executive Committee shall consist of three (3) elected at-large members in addition to the elected officers of this post. All shall be elected annually not less than forty-five (45) days prior to the Arizona Department Convention. All elections of officers and at-large members shall be by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office for which they are candidates.
Section 3. All vacancies existing in the Executive Committee from any cause other than the expiration of the term shall be filled by a majority vote of the remaining members of the committee, and a person appointed shall hold office for the remaining unexpired term of the member of the committee whom s/he succeeds. A vacancy shall exist when an Executive Committee member is absent from his/her position for a continuous period considered detrimental to the interest of the post by the Executive Committee.

ARTICLE III
EXECUTIVE COMMITTEE DUTIES 
Section 1. Meetings of the Executive Committee shall be for organizational 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 executive committee shall meet as often as the post commander may deem necessary.
Section 2. The Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of post funds; shall hear the reports of post committee chairpersons; and shall have charge of and be responsible for the administration of the affairs of this post.

ARTICLE IV
OFFICERS DUTIES 
Section 1. Duties of Post Commander: It shall be the duty of the post commander to preside at all meetings of the post and to have supervision over the business and affairs of the post, and such officer shall be the chief executive officer of the post. S/he shall approve all orders directing the disbursement of funds and shall be responsible for an annual report covering the business of the post for the year, and recommendations for the ensuring year, which shall be made available at the annual meeting and a copy thereof immediately forwarded to the Arizona Department adjutant. S/he may perform other duties as directed by the post.
Section 2. Duties of Vice Commander(s): The vice commanders, in numerical order, shall assume and discharge the duties of the office of commander in his/her absence or disability or when called upon by the post commander.
Section 3. Duties of Post Adjutant: The adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National may require, render reports of membership annually or when called upon at a meeting, and under direction of the commander handle all correspondence of the post.
Section 4. Duties of the Finance Officer: The finance officer of the post shall have charge of all finances and see that they are safely deposited in a local bank or banks and shall report once a month to the executive committee the condition of the finances of the post, with 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 may sign all checks disbursing the moneys of the post. S/he shall furnish such surety bonds in such sum as shall be fixed by the post Executive Committee.
Section 5. Duties of the Judge Advocate: The judge advocate shall provide procedural advice in the conduct of post business at all meetings. S/he may be the guardian of the constitutional form of post governance, may assist post officers and committees in legal matters, and may arrange for auditing of post financial records.
Section 6. Duties of the Post Service Officer: The post service officer shall be responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted them by law. The service officer shall know how to access and utilize the expert services available through Legion channels to community agencies and the Department of Veterans Affairs. S/he shall submit all pertinent information in a timely matter to full-time professionals to insure every veteran and/or dependent is adequately represented in and by the veteran support system. The service officer’s report may be a standard part of every meeting. .
Section 7. 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 or the executive committee.
Section 8. Duties of Post Chaplain: The post chaplain shall be charged with the spiritual welfare of the post comrades and may 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.
Section 9. Duties of Sergeant-at-Arms: The sergeant-at-arms shall preserve order at all meetings and shall perform such other duties as s/he may be from time to time assigned by the executive committee.

ARTICLE V
DELEGATES 
Section 1. Delegates and alternates to a department convention shall be elected by ballot by the post at a regular meeting of the post to be held at least forty five (45) days prior to the date of such convention.
Section 2. Financial expenditures related to their duties as delegates and/or alternates may be reimbursed from post funds as shall be determined by the executive committee.

ARTICLE VI
APPOINTMENTS 
Section 1. The Post Commander immediately upon taking office each year shall appoint the standing committees, which may include but is not limited to: Americanism, Bingo Ceremonials, Children and Youth, Economic, Finance, Graves Registration and Memorial, House and Entertainment, Legislative, Membership, Public Relations, and Security Committees. Such standing committees shall consist of such members and the chairperson thereof as shall be designated by the post commander. The post commander may also appoint advisers to the post’s approved auxiliaries, including but not limited to the American Legion Auxiliary, Sons of the American Legion (S.A.L.), American Legion Riders.
Section 2. Americanism Committee: The Americanism Committee shall be charged with the oversight and implementation of patriotism and good citizenship by arranging for proper observance of patriotic occasions, encouraging patriotic and civic instruction in schools, encouraging the Americanization of aliens; and discouraging anti-American propaganda. This may include but is not limited to education of the general public in American ideals through public forums and activities.
Section 3. Bingo Committee: The Bingo Committee shall be charged with the oversight and implementation of all matters pertaining to bingo and shall maintain all records and deposit all money into the bingo checking account. The committee shall insure that everyone that works bingo has on file the proper affidavit of the State of Arizona Bingo Commission as required by law. A bingo spokesperson shall report monthly to the executive committee and members of the post the financial details of the bingo checking account and other bingo-related matters as it may be directed to provide.
Section 4. Boys State Committee: The Boys State Committee shall be charged with the oversight and implementation of all matters pertaining to the implementation of The American Legion Boys State Program in coordination with the Arizona Department Boys State Committee.
Section 5. Ceremonial Committee: The Ceremonial Committee shall insure that all new members are properly initiated. The committee shall also be responsible for proper presentation of other rituals as outlined in the Manual of Ceremonies, including but not limited to burial detail and the wearing of Legion regalia. It may supervise a Color Guard/Honor Guard that performs any or all such functions.
Section 6. Children and Youth Committee: The Children and Youth Committee shall be charged with aid and service to children of veterans, cooperating with other established agencies in the community; laboring for the betterment of child conditions and in coordinating services and agencies in the community for the above purposes. It may act as intermediary for the needy child of a veteran in obtaining the fulfillment of the Legions pledge that any child of a war veteran shall have the necessities of life.
Section 7. Economic Committee: The Economic Committee shall be concerned with veteran’s employment rights, including but not limited to veteran preference compliance in private and government employment and reemployment opportunities.
Section 8. Finance Committee: The Finance Committee shall be charged with the oversight and legal and proper implementation of all aspects of post finances, including but not limited to accounting for all income and expenditures and the preparation of budget recommendations.
Section 9. Graves and Registration Committee: The Registration and Graves Committee shall be charged with the recording of the location of all veteran graves in cemeteries within the district of the post. This committee may construct and keep up to date plot maps of every cemetery where veterans are buried, and may locate upon these maps all veteran graves. The committee shall stand ready to function on Memorial Day, and at all other occasions when their services may be requested by the post commander.
Section 10. House and Entertainment Committee: The House and Entertainment Committee shall be charged with oversight of all matters pertaining to functions in and use of the physical facilities of this post, and shall bring any concerns it may have to the executive committee for resolution.
Section 11. Legislative Committee: The Legislative Committee shall have knowledge of what is happening in the state legislature and national congress; what the American Legion favors or opposes, and shall be ready to initiate action in support of such positions when requested by the national or department organization only as shall be approved by the executive committee.
Section 12. Membership Committee: The Membership Committee shall be charged with the oversight and implementation of all matters pertaining to the membership of the post, including but not limited to the procuring of new members, reinstatement and eligibility of members, and involving members in post committee functions..
Section 13. Public Relations Committee: The Public Relations Committee shall be charged with the promotion of public support of the American Legion’s programs by locally publicizing post functions and establishing proper contact with the American Legion Magazine, Department and National Legion News Service.
Section 14. Security Committee: The Security Committee shall be charged with working with and coordinating Legion efforts with the local civil defense organizations on matters pertaining to national, civilian, and home defenses. It may assist the armed forces of the United States in recruiting efforts and in every way be active in community activities for the defense of the nation and the security of the American home.

ARTICLE VII
RESOLUTIONS 
Section 1. All resolutions of state or national scope presented for post approval by a member or a committee shall merely embody the opinion of this post on the subject. A copy of each resolution shall be forwarded to the District before submitting it to the Arizona Department for its approval prior to any publicity being released for other than mere passage by the post.
Section 2. All resolutions of local scope presented for post approval by a member or a committee shall not be publicized in any manner prior to post approval.

ARTICLE VIII
MEETINGS 
Section 1. The Regular Meetings of the post shall be held no later than the end of the second week of each month at which time shall be transacted such business as may properly be brought up for action; such meetings may be converted into entertainment meetings, as shall be decided by the executive committee.
Section 2. The Executive Committee Meetings may be held as needed to discuss items to be brought before the membership at the regular meeting of the post.
Section 3. The Post Commander or a majority of the executive committee shall have power to call a Special Meeting of the post at any time. Such meetings shall be required to have a quorum present prior to conducting any post business. Five (5) members in addition to the officers present shall constitute a quorum.

ARTICLE IX
POST FINANCE 
Section 1. Funds to sustain post business shall be derived from the annual membership dues and other sources as may be approved by the Executive Committee.
Section 2. The monies received from the post’s bar, facility rental, events, and bingo games shall be used for the running and upkeep of the Legion Hall and for activities of the post, except as otherwise approved by the post membership.

ARTICLE X
NOTICES 
Section 1. Every member shall furnish the Post Adjutant with a US Mail and/or email address for mailing purposes.
Section 2. The Post Adjutant shall cause notices of the Annual Elections and/or Special Meetings to be provided to all members at least fifteen (15) days prior to their being held.

ARTICLE XI 
RULES OF ORDER
Section 1. All regular meetings of this post shall be conducted under and pursuant to revised Robert’s Rules of Order.

ARTICLE XII 
AMENDMENTS
Section 1. These Bylaws may be amended at any regular post meeting by a vote of twothirds of the members of said post attending such regular meeting, and 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.
Section 2. These Bylaws are adopted subject to the provisions of the National Bylaws of The American Legion and the Department of Arizona Bylaws. Any amendment to said National or Department Bylaws which is in conflict with any provision hereof shall be regarded as automatically repealing or modifying these Bylaws to the extent of such conflict.

Approved By Post Commander ____________________________________
First Vice Commander ____________________________________
Adjutant ____________________________________
On This Day ____________________________________________________________