BY-LAWS AMERICAN LEGION POST 791
ARTICLE I : NAME
Section 1: The Post existing under these By-Laws shall be known as
MAYFAIR POST NO 791, THE AMERICAN LEGION, Department of California,
360 North White Road, San Jose, California 95127.
Section 2: The objects of this post are set forth in the Constitution.
ARTICLE II : PROCEDURE
Section 1: Opening and closing of all meetings, initiation of new members, and installation of officers, shall be conducted as prescribed and approved by the National Convention of The American Legion in Kansas City, 1921, and with subsequent amendments adopted and approved by later conventions.
Section 2: Roberts’ Rules of Order, revised, shall govern the conduct of all meetings except as may be otherwise provided in this Constitution and By-Laws.
ARTICLE III : MANAGEMENT
Section 1: The administration, government and management of this Post is entrusted to a committee to be known as the “Executive Board”.
Section 2: The Executive Board shall consist of three (3) elected members, (Executive Committee) in addition to the Commander, Vice-commanders, Adjutant and all elected officers.
Section 3: The Executive Board shall consider all matters affecting the Post and shall make recommendations to the Post, which, thereafter, shall be approved by the Post before becoming effective.
Section 4: The Commander, Vice Commanders and adjutant shall be Chairperson, Vice Chairperson and Secretary respectively of the Executive Board.
Section 5: The following list of mandatory officers shall be elected for the next term, by vote of post members in good standing, not later than 30 days prior to the State Convention: Commander, First Vice Commander, Second Vice Commander, Third Vice Commander, Adjutant, Finance Officer, Finance Officer, Chaplain, Historian, Judge Advocate, Sergeant-At Arms, and Service Officer.
ARTICLE IV: MEETINGS
Section 1: The regular meeting of this Post shall be held on the second Wednesday of each month at 360 North White Road, San Jose, California 95127, or a place to be designated by the Post or as approved by the membership.
Section 2: Special meetings may be called by the Commander or the Executive Board and must called upon written request of FIVE (5) Executive Board members. No special meetings shall be called unless announced by the Commander at the regular meeting proceeding, or unless notice is mailed to each member TEN (10) days prior to said meeting, stating the date, time and place of the meeting and the
Section 3: A quorum at all meetings shall consist of FIVE (5) members.
Section 4: No member shall take part in any Post meeting or election unless he/she is in good standing.
Section 5: No member shall be represented or shall vote by proxy. There shall be no voting by
ARTICLE V: DUTIES OF THE OFFICER
Section 1: Duties of the Post Commander: It shall be the duty of the Post Commander to preside at all meetings of the Post an to have general supervision over the affairs of the Post. He/She shall perform such other duties as directed by the Post.
Section 2: Duties of First Vice Commander: The First Vice Commander shall assure and discharge the duties of the Office of Commander in the absence or
Section 3: Duties of Second Vice Commander: The Second Vice Commander shall assure and discharge the duties of the office of First Vice Commander in the absence or disability of such officer and shall perform such other duties as directed by the Post Commander.
Section 4: Duties of Third Vice Commander: The Third Vice Commander shall assure and discharge the duties of the office of Second Vice Commander in the absence or disability of such officer and shall perform such other duties as directed by the Post Commander.
Section 5: Duties of Post Adjutant: The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, and under the direction of the Commander handle all correspondence of the Post.
Section 6: Duties of Finance Officer: The Finance Officer shall be charged with the custody of the funds of the Post. He shall keep its accounts and report thereon at regular meetings of the Post. He shall receive all funds of the Post and pay all bills approved by the Post and Finance Committee. He shall be bonded under a blanket bond to be procured from the Department Headquarters ans paid for b the Post.
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 and directed by the Post or Executive Board.
Section 8: Duties of Post Judge Advocate: The duties of the Post Judge Advocate shall be to advise the Post Officers on the construction and interpretation of the Post Constitution and By Laws, and to perform such other duties as are usually incidental to the office.
Section 9: Duties of Post Chaplain: The Post Chaplain shall be charged with the spiritual welfare of the Post Comrades and will offer divine but non-sectarian service in the event of Dedication, Funerals, Public Functions, etc., adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time.
Section 10: Duties of Sergeant – Of – Arms: The Sergeant-OF-Arms shall preserve order at all meetings and shall such other duties as may be, from time to time assigned to them by the Commander or Executive Board.
Section 11: Duties of Post Service Officer: It shall be the duty of the Post Service Officer to bring to the attention of all veterans and their dependents the rights and benefits granted them by law an shall perform such other duties as may be, from time to time assigned to them by the Commander or Executive Board.
Section 12: Responsibility of Elected Officers: Any Officer who fails to attend three (3) meetings in the current fiscal year without due excuse should be asked if they request removal from post responsibility, such notification should be by mail. A response is required within ten (10) days, and depending on the response it should be the decision of the Commander and Executive Committee to decide whether a special election should be held to remove and replace such officer.
ARTICLE VI: DUES, FEES, AND FUNDS
Section 1: The annual dues, payable in advance, shall be determined by the Executive Board on annual basis. Approval by a two thirds vote of the members present at a regular meeting.
Section 2: The Membership fee shall be fixed by the Post.
Section 3: From such dues and fees the Post shall pay all per capita taxes or assessments, and such other expenditures as the Post may approve.
Section 4: Legion membership is annual, the Legion year beginning January 1 to December 31.
ARTICLE VII: DELEGATES AND ALTERNATES
Section 1: The Delegates and Alternates to represent the Post at Department Conventions shall be elected at a regular meeting of members of the Post by vote of those present and voting. The election shall be held at least Twenty (20) days before the Department Convention convenes. The time and place for holding the election must be announced by the Commander one (1) regular meeting in advance of the election, which shall be when the regular Post elections occur.
ARTICLE VIII: APPOINTMENTS
Section 1: The Post Commander immediately upon taking office each year, shall appoint a Finance Committee and such other committees as shall be found necessary. Standing committees shall consist of such members as may be determined by the Post and the chairman there-of shall be designated by the Post Commander.
Section 2: Audit: This Post shall keep books of account, and shall cause said books to be examined by a licensed accountant or a committee of three (3) competent persons, none of whom shall be the Commander, Adjutant, Finance Officer or any other person charged with the responsibility of handling Post funds.
Such examination shall be made within 90 days following installation of Post Officers and for the period of the immediate preceding fiscal year of the Post, said fiscal year shall be determined by the Post.
This Post shall certify to the Department Adjutant prior to December 1st , each year that such an examination has been made and file the original, thereof , with the Commander of the District of this Post. The Department Commander, The Post Commander, or the Executive Board may order an audit of the books of account at such other times during the current year as may be deemed advisable.
Failure of the Post to meet any of the requirements of this section within said times or any general or special extension, thereof, shall be deemed a delinquency and the delegates of such Post shall not be entitled to be accredited at the Department Convention. The certification to the Department Adjutant and the examination may be put on forms furnished by the Department Adjutant’s office.
Section 3: Membership Committee: The Membership Committee shall have charge of all matters pertaining to the membership of the Post, including the procuring of new members, reinstatement and eligibility of members.
Section 4: Finance Committee: The Finance Committee shall be charged with the administration of Financial policy, preparation of an annual budget with recommendations, and supervision of receiving disbursing and accounting of all Post funds.
ARTICLE IX: LIMITATION OF LIABILITIES
Section 1: This Post shall not incur, nor cause to be incurred any liability or obligation, whatever, which shall cause subject liability to any other individuals, corporations or organizations.
ARTICLE X: TRIALS
Section 1: Members of this Post shall be subject to disciplinary action as provided in the Trial Manuel of the Department of California. A copy of the verdict, certified by the Post Commander and the Adjutant, shall forthwith be forwarded to the Department of Adjutant.
ARTICLE XI: RECALL PROVISION
Section 1: A petition, signed by ten percent (10%) of the membership in good standing, requesting the holding of an election for the purpose of recalling an elected officer may be filed at any time with the Adjutant.
The Adjutant shall, within five (5) days after the filing of said petition, compare the signatures on said petition with signatures on the applications of the respective signers on file in the Post records. The Adjutant shall deliver the said petition and their report on the correctness of the signatures to the Executive Board at its next meeting.
If it shall appear from the report of the Adjutant that ten percent (10%) of the membership have signed said petition, the Executive Board shall fix the date for the recall election, which date shall be fixed for a regular meeting of the Post to be held not less than two (2) weeks, nor more than six (6) weeks after the meeting of the Executive Board If the report of the Adjutant shall show that less than ten percent (10%) of the membership have signed said petition, the petition shall be forthwith returned to the member who filed the same with the Adjutant who shall have ten (10) days, thereafter, to obtain the required number of valid signatures, and refile said petition with the Adjutant who shall recheck with their report. If the petition is then found to be sufficient, the recall election shall be fixed as set forth above.
Section 2: Notice of the date time and place for the holding of the recall election shall then be mailed to each member, in good standing of the Post at their address, as it appears in the Post records, at least ten (10) days before the election.
Section 3: All recall elections shall be conducted by written secret ballot.
Section 4: At the recall election, the ballot shall read as follows:
“Shall ______________________________________ Be recalled?”
(Name of Officer)
A “YES” vote shall be counted as for the recall and “NO” vote shall be counted against the recall. Only members in good standing shall be entitled to vote at such election.
Section 5: If the Officer shall be recalled, the Post at its next regular meeting, shall elect a successor to fill the unexpired term. Nominations shall be held the same night as the election. The person recalled shall not be eligible as a candidate for election to fill the vacancy.
ARTICLE XII: AMENDMENTS
Section 1: Proposed Amendment to these By-Laws must be submitted in writing at a regular meeting of the Post and read at the meeting. At the next regular meeting or subsequently, if postponed, the proposed amendment may be adopted by a two-thirds affirmative vote of those present and voting.
Section 2: These By-Laws shall be amended to conform to any changes in the National or Department Constitution and By-Laws. Failure of this Post to adopt the required amendments shall not delay or modify the effect of such changes.
Section 2a: Any amendment initiated by the Post shall not be in force or effect until approved by the Constitution and By-Laws commission of the Department.
ARTICLE XIII: ELIGIBILITY
Section 1: Eligibility for membership in this Post shall be those dates and conditions set forth in Article IV, Section 1 of the National Constitution of the American Legion.
ARTICLE XIV: DELINQUENCY
Section 1: The dates for Delinquency, Suspension, and Expulsion from this Post for non-payment of Dues shall be those dates set forth in Article IV, Section 4 of the National Constitution of the American Legion.