Constitution& Bylaws
- Preamble
For God and Country we associate ourselves together for the following purposes; To uphold and defend the Constitution of the United Stated of America; To maintain law and order; To foster and perpetuate a 100 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 good will 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.
- Name
The name of this post shall be: Trier-Puddy Post #75 of the American Legion.
- Nature
Section 1. The American Legion is a civilian organization; membership therein does not affect or increase liability for military or police service. Rank does not exist in the Legion; no member shall be addressed by his or her military title in any conversation or meeting.
Section 2. The American Legion shall be absolutely nonpolitical 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. No candidate for or incumbent of a salaried elective public office shall hold any office of this post.
Section 3. Each member shall perform their full duty as a citizen according to their own conscience and understanding.
- Membership
All persons shall be eligible to membership in this post who served in the military and have an honorable or medical discharge and are eligible to belong to the American Legion by service during dates specified by the National Organization. No person shall be entitled to membership who being in such service during and of said periods, refused on conscientious, political or other grounds to subject himself/herself to military discipline or qualified service.
- Headquarters
This post shall be located with-in the City Limits of Fond du Lac, County of Fond du Lac, State of Wisconsin and headquarters and principal office of the Post shall be in the same place.
- Officers
Section 1. The officers of this Post shall be as follows:
Commander
First Vice Commander
Second Vice Commander
Adjutant
Finance Officer
First Sergeant-at-Arms
Second Sergeant-at-Arms
Chaplain
Together with such other officers as the Post shall determine the officers shall be elected bi-annually at the annual meeting (see Bylaws, Election of Officers, and Section 2) of the post and shall hold office for two years or until their successors are elected or appointed and assume office.
Section 2. The duties of the officers shall be provided in the Bylaws.
- Management
Section 1. The management and control of the business and activities of the Post shall be vested in an Executive Committee of eleven members, consisting of the Commander, First Vice Commander, Second Vice Commander, Adjutant, Finance Officer, Immediate Past Commander (see Section 4), and five members elected from the membership at large.
Section 2. The five or six members of the Executive Committee to be chosen from the membership at large shall be elected annually at the annual meeting of the Post in manner provided in the bylaws.
Section 3. The members of the Executive Committee shall hold office for the elected or appointed term or until their successors are elected or appointed and assume office.
Section 4. The Immediate Past Commander may not serve if they are more than one person removed. In this case, a sixth at large member will be elected to the Executive Committee, should the immediate Past Commander be unable to serve.
- Amendments
This constitution shall be in force upon adoption by the post and may be amended by a vote of two-thirds of the members present at any regular meeting thereof. Notice of the proposed amendments must have been given to the membership for review 30 days prior to being voted upon.
BYLAWS
- Election of Officers
Section 1. At the regular meeting in March, April and May of each other year, there shall be nominated from the floor at said meetings, candidates for the respective offices of this post. Persons nominated and accepting nomination for any office, shall be declared or considered nominated.
Section 2. At the “annual meeting” of this post in May of every other year, there shall be elected from those members declared nominated the various officers provided for by the Constitution. Voting shall be by ballot, and a tally of 50% +1 of the voting electorate must be obtained for election to the said office. In the event no candidate receives said majority, the candidate receiving the smallest number of votes shall be eliminated and a ballot shall be taken on the two remaining candidates.
Section 3. No member not duly nominated as herein provided shall be eligible for election, and no candidate shall be elected to any office other than the one for which nominated. Further, a member may be nominated for several offices but may only hold one voting office.
Section 4. A vacancy existing in any office from any other cause excepting the expiration of term, shall be filled by appointment by the Post Commander. As soon as practical, the term shall be filled by election at any meeting of the post. In such cases, a majority of 50% +1 of the votes cast shall be necessary for the election, and the election shall be by ballot.
- Election of “At Large” Executive Committee Members
Section 1. At the Annual meeting of the Post in May of each year, there shall be nominated from the membership of said meeting, candidates for the remaining positions on the Executive Committee. From these candidates, six members of the Executive Committee shall be elected. Voting shall be by ballot, and the six candidates receiving the highest number of votes shall be declared elected. When the Immediate Past Commander does not meet the requirements listed in (see VII. Management, Section 4) the sixth elected candidate, i.e. the candidate finishing sixth in total ballots, will fill the position.
Section 2. A vacancy existing on the Executive Committee from any other cause than the expiration of term shall be filled by the appointment of the Post Commander. As soon as practical, the appointment shall be confirmed by the majority vote of the Executive Committee. A person so appointed shall hold office from the un-expired term of the member of the committee whom they succeed.
- Powers and Duties of Officers
Section 1. The Post Commander shall preside at the meeting of the Post and shall preside as Chair at the meetings of the Executive Committee. The Commander shall appoint all committees whose appointment is not otherwise provided for the Bylaws. The Commander shall sign all vouchers, statements and communications requiring a signature.
Section 2. The First Vice Commander shall act for and in the stead of the Commander in case of death, absence or disability. The First Vice Commander shall be a member of the Executive Committee.
Section 3. The Second Vice Commander shat act for and in the stead of the First Vice Commander in case of death, absence or disability. The Second Vice Commander shall be a member of the Executive Committee.
Section 4. The Adjutant shall keep an accurate account of meetings and a directory of Post membership. The Adjutant shall be custodian of all Post records, issue all notices for meetings of the Post and shall perform all duties required under these Constitution and Bylaws and by the Executive Committee. The Adjutant shall collect all dues and shall also act as the secretary of the Executive Committee as well as the secretary of all Post meetings.
Section 5. The Finance Officer shall be charged with collection and custody of the funds of the Post, shall keep its accounts and shall report thereon at each regular meeting of the Post. The Finance Officer shall counter sign all voucher and pay all bills and report such for approval by the Executive Committee. The accounts shall be audited annually by the accounting firm. Any discrepancies with the results will be reviewed by the Executive Committee, all of this to take place prior to the meeting in May. The Finance Officer shall be subject to the control of the Commander.
Section 6. The Sergeants-at-Arms shall be responsible for maintenance of proper order and decorum at Post meetings and for arrangement of the hall. They shall be custodians of the Post Colors and shall perform such other duties as determined by the Executive Committee.
- Executive Committee
Section 1. The Executive Committee shall meet at least once each month at the call of the Commander. It shall have control of the governance, management and conduct of the various activities of the Post and shall direct and control such committees as may be needed. The Post Commander and Post Adjutant shall, by virtue of their offices, be chair and secretary of the Executive Committee. All business related and Legion related decisions reached at a “Regular” Executive meeting will require approval at the next post general meeting prior to any final action taken.
Section 2. The Executive Committee shall prescribe the rules for the use of the Post Headquarters and any other building property used by the Post and may modify and revoke the same, it shall fix the penalties for violations of the rules and have power to enforce the same and also to remit such penalties.
Section 3. Each of the various standing committees of the Post shall have a Chair appointed by the Commander and the Chair shall report to the Executive Committee and to the general membership. The Executive Committee shall appoint all standing committees of the Post.
Section 4. It shall be the duty of the Executive Committee to recommend, approve, modify or disapprove reports of the various committees and Post Officers. It shall disapprove all bills submitted by any committee for disbursement incurred beyond previous approval. All committee expenditures will be presented to the Executive Committee for approval, prior to said expenditures.
Section 5. A Special Meeting of the Executive Committee may be called by the Commander or by at least five members of the Executive Committee and does not necessarily need to be done in person.
Section 6. Seven member(s) of the Executive Committee shall constitute a quorum at any meeting thereof.
Section 7. The Executive Committee shall be empowered to make spending decisions to “Maintain Daily Business.” All of these decisions to be presented at the next post meeting.
- Discipline of Members
Section 1. Process: The first process in all actions of expulsion or suspension against a member of The American Legion in good standing shall be by filing with the Adjutant of the Post written charges, in triplicate, properly verified by affidavit of the accuser or accusers.
Section 2. Writ - Returnable When Written Charges Are Filed: The Adjutant shall issue a writ, dated upon the day it shall be issued and signed with the Adjutant’s name, directed to the Sergeant-at-Arms (or some other member of the Post in good standing) commanding them to summon the accused to appear at the Post meeting place at the next regular meeting (provided fifteen (l5) days have intervened) to show cause why they should not be suspended or expelled (as the case may be).
Section 3. Service - Return: It shall be the duty of the Sergeant-at-Arms, or the member appointed, to serve the writ so issued by reading it to the accused and at the same time, delivering a verified copy of the charges filed. The Sergeant-at-Arms, or the member appointed, shall endorse upon said writ the time and manner of serving it and immediately thereafter, file the same with the Post Adjutant.
Section 4. Alias Writ: Whenever it shall appear by the return that the accused is not found fifteen (l5) days or more previous to the regular Post meeting, the Adjutant, at the request of the accuser, shall issue another writ and so on until service is had.
Section 5. Failure to Make Return: If the Sergeant-at-Arms, or the member to whom a summons is delivered, shall neglect or refuse to make return of same within the time required in Section 4, another summons shall be issued directed to some member in good standing for service as herein above set forth.
Section 6. Service by Publication: Whenever the accuser shall file with the Adjutant of the Post in which the charges are pending an affidavit showing that the accused has gone out of the state; or on due inquiry, cannot be found, or is concealed within the state so that process cannot be served upon the accused and stating the place of residence of such accused, if known, or that upon diligent inquiry, the accused’s place of residence cannot be ascertained, the Adjutant of the Post shall cause publications to be made in said county, then in the nearest newspaper published in the state containing notice of the pendency of such charges before said Post, the name of the accused and the accuser, and the time and place of the hearing of said charges. Within ten (10) days of the first publication of such notice, the Adjutant of said Post shall send a copy thereof, by mail, addressed to the accused if their place of residence is stated in said affidavit - said notice shall be published at least once each week for three successive weeks.
Section 7. Charges: The accuser or accusers shall set forth the charges of disloyalty, neglect of duty, dishonesty, or conduct unbecoming a member of The American Legion in terms of simplicity and understanding in order that the accused may properly prepare a defense.
Section 8. Accused to Enter Their Appearance in Writing: Before the accused defends in their own proper person, or through their counsel, they shall enter their appearance by filing an answer to said charges on or before the date of the regular meeting to which they have been summoned to appear.
Section 9. Failure to Answer: If the accused fails to answer the charges in manner and form as herein last set forth, the charges and matters and things therein stated shall be taken as confessed and the petition for expulsion or suspension granted.
Section 10. Date of Trial: Whenever the accused enters their appearance by filing an answer to the charges preferred, the entire proceeding shall automatically be continued until the next regular Post meeting at which time the trial shall be had.
Section 11. Judge Advocate to Appoint Presiding Judge: As soon as a date is set for trial, the Adjutant shall notify the Department Judge Advocate of the pendency of the trial and the Department Judge Advocate shall appoint a Legionnaire, preferably a judge or an impartial experienced Attorney-at-Law, to preside over the trial. Such presiding judge shall have power and authority to pass upon the materiality and relevancy of all evidence presented, and shall have the general power to prescribe the necessary and reasonable rules and regulations for the orderly procedure of said trial and the granting of continuances.
Section 12. Continuance: Either party may apply for a continuance before the day set for trial by filing with the Adjutant a written motion, supported by affidavit, of the party so applying. Good and substantial cause must exist before said motion is granted.
Section 13. Presiding Judge Vacancy: In the case of death, removal, vacancy, resignation or disability of the presiding judge, it shall be the duty of the Department Judge Advocate, when duly notified by the Adjutant, to fill the vacancy by appointment. The Post shall bear the expenses, if any, of the presiding judge.
Section 14. Post Officers and Executive Committee to Act as Jurors: The Post Officers and the Post Executive Committee are hereby selected as jurors to ascertain, under the guidance of the presiding judge, the truth of the charges preferred. Their province is strictly limited to questions of fact; and within that province, they are still further restricted to the exclusive consideration of the matters that have been proved by evidence of the interested parties in the court of the trial. Their decision shall be reduced to writing and filed with the Post Adjutant, who, in turn, shall enter the same in the Post records.
Section 15. Causes of Challenge: If any Post Officer or any member of the Executive Committee, or any other member selected as a juror, shall state that they cannot fairly and impartially render a verdict therein in accordance with the evidence and the presiding judge is satisfied of the truth of such statement, said member shall be excused from serving as a juror.
Section 16. Preemptory Challenge: The accused and the defendant shall be entitled to challenge and cause two jurors to be excused without showing cause for such challenge.
Section 17. Selection of Jury: If sufficient officers and Executive members are challenged or excused so as to leave less than five (5) available as jurors, the presiding judge shall select sufficient Legionnaires from those present to complete a jury of five. The presiding judge shall examine all jurors as to their qualifications to serve and shall rule upon their competency to serve. The presiding judge may cause the meeting to be adjourned, if necessary, to secure additional Legionnaires competent to serve as jurors.
Section 18. Amendments: At any time before a final decision is made by the jury upon the trial of a member upon expulsion or suspension, amendments may be allowed by the presiding judge upon such terms as are just and reasonable.
Section 19. Number Necessary to Expel or Suspend: To expel or suspend a member of The American Legion in good standing, two-thirds of the members selected to sit as jurors shall vote in the affirmative.
Section 20. Time for Appeal: Within forty (40) days after a judgment of expulsion or suspension is made and recorded, the accused only may make an appeal in manner and form as set forth’
Section 21. Stenographic Report: Either party demanding a stenographic report of the trial shall pay for the same and when said report is completed, it shall be the duty of the presiding judge, on appeal, to examine the same and if correct, officially certify to the correctness of such report, and the same shall be immediately filed with the Department Adjutant, who, in turn, shall present the same to the Department Executive Committee or the Department Convention officials according to the Bylaws of such Department. All matters and things contained in such stenographic report shall become a part of the record and shall be considered in the final decision by the Department. In addition to the stenographic report, all interested parties shall have the further right of appearing in person, or by counsel, to present further evidence and arguments upon such final hearings.
Section 22. Notice by Department Adjutant Upon Request: When an appeal is taken by the accused in compliance with Section 3 of Article IV of the Bylaws of The American Legion, it shall be the duty of the accused to obtain from the Department Adjutant the date of the Executive Committee meeting or Department Convention, and the exact time and place of such hearing on appeal. This notice should be given, if possible, at least ten (10) days before the meeting or convention.
Section 23. Appeal-Department Judge Advocate to Preside: Upon appeal, the Department Judge Advocate shall preside at the trial. The Department Judge Advocate shall have the power and authority to grant a continuance to either party if deemed for the best interest of the Legion; to pass upon the materiality and relevancy of all the evidence presented, and shall have general power to prescribe the necessary and reasonable rules and regulations for the orderly procedure of said trial.
Section 24. No Further Appeal: The decision reached by the Department Executive Committee or Department Convention shall be final.
Section 25. Effect of Decision: Where an appeal is taken by the accused and the Department Executive Committee or Department Convention sustains the appeal, the expelled member automatically becomes a member in good standing of said Post, and it is mandatory that the Adjutant reinstate said member upon the Post membership roll. Any Post failing to comply with this provision is subject to have its charter suspended or revoked.
- Dues
The dues of the members shall be payable in advance on the first day of January of each year. The amounts of dues shall be recommended by the Executive Committee and approved by vote of the general membership.
- Post Meetings
Section 1. The regular meeting in May of each year shall be designated the “Annual Meeting” of the Post.
Section 2. There shall be a regular meeting of the Post held on the second Thursday of each month, unless cancelled due to unforeseen circumstances. Effort shall be made via social media or electronic means, or public notice.
Section 3. The Post Commander or a majority of the Executive Committee shall have the power to call special meetings of the post at any time.
Section 4. Upon the request of ten general members, the Executive Committee shall call a special meeting of the Post.
Section 5. Members present shall constitute a quorum at any regular or special meeting of the Post.
Section 6. The Post Adjutant shall give at least two weeks’ notice of all special meetings.
- Committees
Section 1. The Executive Committee shall determine the number and duties of the standing committees of the Post. These committees shall be appointed by the Executive Committee and shall serve from the date appointed until the date of the next annual meeting of the Post.
Section 2. In addition to the standing committees provided for, the Post Commander may, from time to time, appoint such special committees as may be necessary to carry on the activities of the post that would not be duties of the standing committees. Such special committees shall serve from the date of appointment and until their duties are completed.
- Representation the American Legion
Delegates and alternates to represent the Post at the State and District Conventions and representatives of the Post shall be selected at a meeting of the Post by appointment of the commander of those who wish to attend said conventions.
- Installation of Officers and Executive Committee Members
Section 1. Post officers shall be installed at the annual meeting of the Post at the time of election bi-annually.
Section 2. Executive committee members shall be installed at the annual meeting of the Post at the time of election annually.
- Procedures
Rules of procedures at meetings of the Post shall be those set forth in Robert’s Rules of Order, except as otherwise expressly provided herein.
- Order of Business for Annual Meeting
The following is suggested as the order of business at Post annual meeting.
- Roll call of Officers
- Presentation of minutes of previous meetings
- Presentation of Officers reports
- Communication and correspondence
- Report of Executive Committee
- Report of Standing Committees
- Report of Special Committees
- Election of Officers
- Nomination and election of Executive Committee
- Unfinished business
- Installation of Officers
- For the good of the Legion
- Amendments
These Bylaws may be amended at any regular Post meeting by vote of two-thirds of the members of said Post attending such regular meeting, providing the proposed amendments shall have been submitted in writing and read at the next preceding regular meeting of said Post, and providing, further, written notice shall have been given to all members at least thirty 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 Bylaws is to be voted upon.
- Review of Constitution and Bylaws
These Bylaws shall be reviewed and updated every five years by the Executive Committee and in accordance with item XIII, Amendments, be approved by the vote by the membership at the regular meeting in June.