Constitution and Bylaws for post 0088

Constitution

I.      Preamble
II.     Name
III.    Nature
IV.    Eligibility for Membership
V.     Charter Members
VI.    Headquarters
VII.   Officers

By-Laws

I.     Duties of Officers
II.    Nomination and Election of Officers
III.   Installation of Officers
IV.   Meetings (pending amendment)
V.    Committees
VI.   Management of Post 0088
VII. Remuneration
VIII. Dues
IX.    Ratification
X.     Amendments

CONSTITUTION AND BY-LAWS OF THE HARRY HIGGINS
POST NUMBER 0088 OF THE AMERICAN LEGION OF OHIO

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 of our associations in the Great 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.

1. The name of this Post is the Harry Higgins Post No. 88 of the American Legion of Ohio.

1. This organization (Harry Higgins Post #88) is a civilian organization. Membership therein does not affect or increase liability for military or police service. Military rank does not exist in this organization; no member shall be addressed by his military title in any meetings of this organization.

2. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of candidacy of any person seeking public office or preferment.

3. Each member shall perform his full duty as a citizen according to the precepts of the American Legion and to his own conscience and understanding.

1. All persons who are eligible to membership in the American Legion, Department of Ohio shall be eligible to membership in this Post, including non-residents of this town and state.

2. The class of membership in the Post will be ACTIVE MEMBERSHIP. There shall be no other form nor class of membership.

3. Any person eligible to membership as aforesaid may become a member of this Post upon approval by the Executive Board and the Post membership and payment of dues for the current year.

4. He/She must hive their name, address and a brief statement of their military record including organization in which they served along with a copy of their DD214 or proper discharge.

5. A new member may be initiated according to the Legion Manual of Ceremonies before a membership card or pin is awarded.

1. Those members whose names appear on the application for charter for this Post shall be CHARTER MEMBERS of this Post.

1. This Post is located in the City of Ashland, County of Ashland, State of Ohio, and the Headquarters and principal offices of the Post are situated in Ashland, Ohio.

1. The officers of this Post shall be: Commander, First Vice Commander, Second Vice Commander, Third Vice Commander, Adjutant, Finance Officer, Chaplain, Historian, Sergeant-at-Arms, each elected by the membership for one-year terms, a Judge Advocate and two Service Officers appointed by the Commander.

2. For the purpose of managing the Post, its assets and properties, there shall be and Executive Board.

3. The Executive Board shall consist of the Commander, First Vice Commander, Second Vice Commander, Third Vice Commander, Finance Officer, Adjutant, Chaplain, Historian, Sergeant-at-Arms, immediate Past Commander, bingo chairman, six (6) elected members, elected for three (3) year terms each, and three (3) elected Trustees each elected for three (3) year terms. Each member of the Executive Board shall have one (1) vote each on all business matters of the Executive Board requiring a vote.

1. The Commander shall preside at all meetings of the Post, including meetings of the Executive Board. The Commander shall countersign all checks issued by the Finance Officer. Because of this duty, the Commander shall be bonded for $15,000, as approved by the Executive Board.

2. The Commander shall be entrusted with the supervision of the duties of all officers of the Post and all other duties stated in the American Legion Manual of Ceremonies.

3. The First Vice Commander shall be responsible for the membership of the Post and all of the business activities associated with such responsibilities. The First Vice Commander shall assist the Commander in all his duties and preside over such meetings as the Commander is unable to be present.

4. Second Vice Commander shall be responsible for the Post kitchen, food being served at meetings, banquets and all special Legion occasions. The Second Vice Commander shall assist the Commander in all his duties and preside at meetings that the Commander and First vice Commander are unable to attend.

5. Third Vice Commander shall assist the Second Vice Commander in his duties and shall be responsible for arranging activities during the fiscal year, such as: scheduling dance bands, speakers, films, collection of admissions for such activities, and arranging the Hall for Legion activities, In the event that the Commander, First and Second Vice Commanders shall be unable to attend meeting, the Third Vice Commander shall preside at the meetings.

6. The Adjutant shall keep and preserve minutes of the Post and Executive Board meetings. The Adjutant shall conduct Post correspondence and preserve all its business records, including list of names, addresses, and previous military organizations of each member. He shall furnish the roll of Post 88 members to the First Vice commander and to the Finance Officer the names and addresses of all persons elected to membership and shall advise him of all transfers or changes affecting membership. The Adjutant shall notify officer candidates of their election. The Adjutant shall be responsible for the publishing and sending of the monthly news letter.

7. The Finance Officer shall have the responsibility of all moneys of the Post and shall give bond i the sum of $25,000 to be approved by the Executive Board. All checks issued by the Finance Officer shall be cosigned by the Commander. The Finance Officer shall present a financial report to the Executive Board and the Membership during the last meeting of each month. The Finance Officer shall recommend to the Executive board and the Membership the investment of funds above those needed for the operation of the Post. The Finance Officer will present an Auditors report as soon as possible, but not later than the last meeting in August.

8. The Chaplain is the moral leader of the Post and in this capacity he shall lead the membership in prayer at the appropriate times in the conduct of Post meetings. He shall learn of the sick and disabled members, visit them, and report on their conditions at regular meetings. He shall officiate at funerals when requested to do so. He shall initiate get well cards and cards of condolence from the membership.

9. Sergeant-at-Arms shall arrange the hall for Post meetings and should assist the Commander and Adjutant in the preliminary arrangements for the meetings. He is the custodian of the Colors and should be in charge of color detail during the presentation and retirement ceremonies of the Colors. He must make welcome and introduce new members at Post meetings.

10. Historian shall work closely with the Adjutant in the preservation of records of the Post. He shall collect and preserve all items of Post activities printed in all publications. He shall be responsible for the establishment, maintenance, and accumulation of items in a Post archives.

11. The six (6) Elected Executive Board Members shall attend all Executive board and Post meetings. the shall participate in the capacity of supervision the government and management of the Post and shall have direct control of all subcommittees that the Board shall appoint.

12. Trustees shall attend all Executive board and Post meeting. In addition to supervision the government and management of the Post as members of the Executive Board, they shall be responsible for the operation of the Post facilities. In this capacity, they shall meet once each week and with the aid of the Manager, check all receipts, expenditures, and bank balances for the previous week. The Trustees shall appoint one of their members to cosign all checks issued by the Manager. Said Trustee shall have bond for $25,000 as approved by the Executive Board. With the Manager, the Trustees shall conduct quarterly inventories of all goods of the Post and those in storage.

          13. Attendance at Meetings:
                 a. All Officers including elected Executive Board Members and Trustees, shall be allowed three (3) unexcused absences from Post and/or Executive Board Meetings.
                 b. Other absences may be excused by notifying the Commander the reason for the absence prior to the meeting.
                 c. If there are more than three (3) unexcused absences, the officer shall be informed in writing by the Commander that he/she is in violation of the Attendance By-Laws. If unexcused absences continue, the Executive board will consider the events and if deemed necessary, inform the officer that his tenure in office shall be terminated.

1. All members of Post 0088 in good standing are eligible to run for an office of the Post.

2. Because of the variability of the scheduling of the District and State American Legion Meetings, the nomination and election of officers should be held early enough so that there will be no conflict with them. The Commander shall announce that the Nomination for Officers shall be held on the First Post meeting in April, and the Election of Officers shall be on the Last Post meeting in April.

3. The Commander shall appoint a Nominating Committee during the Last Post Meeting in March, which will consist of a Chairman and four (4) members.

4. The Nominating Committee shall seek candidates for all offices to be vacated during the current year, secure consent for all potential candidates, and keep the Commander informed of the progress of their work.

5. The Nominating Committee shall submit their slate of potential candidates to the Commander immediately before the commencement of the Post Meeting designated for Nomination of Officers.

6. The Commander shall announce the results of the Nominating committee at the Post Meeting designated for this action, and seek nomination from the floor for all positions to be vacated at the end of the current year. Nominations for Delegates to the District and State American Legion Meetings shall also be solicited from the floor. The Adjutant may move for the unanimous election for all offices with a single nominee. If the proposition is approved, these nominees need not be placed on the ballot.

7. The Nominating Committee shall also be the Election Committee, which shall prepare, print, and distribute voting papers. The Election committee shall supervise the polling place and be responsible for the ballot box. Voting shall only be done at the designated polling place and shall be by secret ballot if there is more than one candidate for an office.

8. The Commander shall announce the date of the election, which will take place on the day of the last Post Meeting in April.

9. Voting shall be held in the Post Hall and the polls shall be open on the night of the meeting designated for elections, and close on half hour after the close of said meeting. The polls shall reopen at 2:00pm on the day following the Post Meeting designated as the election meeting, and close at 7:00pm.

10. All voting Post members must present their paid up dues card, or be confirmed on the official role of members kept by the First Vice commander, and register at the polling place immediately prior to voting. Thee shall be no Absentee Ballots.

11. Officers of Post 0088 shall be elected by the majority of the registered voters of this Post and said Officers will serve one year from the date of installation or until their successor shall be elected and installed.

12. In the event of vacancy in any office, said vacancy shall be filled by election by a majority at a Post meeting, provided that notice shall be given at the Post meeting prior to such and election.

13. There shall be six (6) members elected to the Executive Board and each shall serve for three (3) years. Two members to be elected each year.

14. There shall be three (3) trustees elected and each shall serve three (3) years. The terms of the Trustees shall not run concurrently. Only one shall be elected each year.

1. Candidates elected to all offices shall be installed during the last regular Post meeting in June.

1. Regular Post 0088 meetings of the membership shall be held twice monthly on the first and third Mondays of the month (pending amendment). At least 25 members must be present for business to be legally transacted.

2. Meetings shall be called to order by the Commander or his substitute at 8:30PM (pending amendment).

3. Meetings shall be conducted according to the rituals of the American Legion. In the business portion of the meeting, Robert's Rules of Order shall be followed.

          4. The Business portion of the meeting shall conform to the following agenda:
               a. Roll Call of Officers
               b. Reading of the minutes of the previous meeting, both Executive Board and Post Meetings, correspondence and other information.
               c. Finance Report, including acquisition and disposition of bills.
               d. Sick call and relief.
               e. Membership report and proposition for membership.
               f. Committee Reports
               g. New Business
               h. Old Business
               i. Good of the Legion

1. The Post shall have such committees that are deemed necessary for the efficient conduct of business. There shall be two types of committees: 1. Standing; and 2. Ad Hoc.

2. The Commander may designate such committees he believes necessary for the conduct of business. Standing committees should be designated early in the fiscal year. The Adjutant will post all committee memberships on the Post Bulletin Board.

          3. Standing committees shall be as follows:
               a. Bingo Committee
               b. Scholarship Committee
               c. Baseball Committee
               d. Entertainment Committee
               e. Disciplinary Committee
               f. Constitution and By-Laws Committee
               g. Americanism Committee
               h. Public Relations Committee

          4. Ad Hoc committees served temporarily or may be only one time appointment and are designated by the Commander. Some of these are:
              a. Nominating Committee
              b. Election Committee
              c. Building Committee
              d. Anniversary Committee
              e. Others

5. The Building Committee when it is considering major construction and/or renovations must consist of the following members: Chairman and three (3) Post members appointed by the Executive Board: the Commander, one (1) elected Executive Board member, two (2) Trustees, and such additional members as the Executive Board deems necessary.

1. The Executive Board shall have the responsibility and authority for the fiscal and business management of the Post, its property and assets.

2. The membership of the Executive Board shall be as given in Part VII, Section 3 of the Constitution, and shall take membership as a result of their station or by election.

3. Any vacancy of membership of the Executive Board that may occur during the fiscal year, for any cause other than expired term, shall be filled by a majority vote of the Executive Board, and the member so elected shall serve out the unexpired term of vacancy.

4. The Commander, First Vice Commander, Adjutant, and Finance Officer, shall be the Chairman, Vice Chairman, Adjutant, and Treasurer respectively, of the Executive Board.

5. The Executive Board shall install and maintain accounting, purchasing, and auditing practices that will ensure the efficient and secure operation of Post business.

6. The Executive Board shall prescribe the rules for the use of Post Headquarters and any other buildings used or owned by the Post. It shall fix rentals, and penalties for violation of the rules and have power to enforce the same and levy penalties for violations.

7. Donations larger than $500 must be approved by the Executive Board. For any expenditure of funds larger than $300, the Trustees shall be required to have three (3) bids on such expenditures and must present said bids at a regular Executive Board and Post meeting for an affirmative vote before a bid is awarded. The Trustees are authorized funds up to $1,000 for repairs and maintenance.

8. The monthly financial report shall be presented in writing for the Executive Board's approval before being presented to the Post membership.

9. The Executive Board shall have semimonthly meetings. Time and place shall be determined by the Commander (Chairman). The date of such meetings should be concurrent with Post meetings. Special Meetings may be called by the Commander (Chairman) if he determines them to be necessary, but only after he has notified all members of the Executive Board or upon written notice to at least three (3) members of the Executive Board.

10. A quorum of ten (10) members of the Executive Board must be present at all Executive Board meetings before the transaction of any business.

11. The Trustees shall be responsible for the hiring and dismissal of employees with the approval of the Executive Board.

12. The Trustees shall establish and office in the Post building in which all files shall be stored in a secure manner. Separate files shall be established for: financial records of the Post, financial records of the Manager, Adjutant records, Historian records, and others deemed necessary for the preservation of the Post. All financial records must be kept current and be held for a minimum of five years. Financial files are to be kept locked with the keys permitted only to the Commander, Finance Officer, and Manager. All records may be viewed by any member of Post 0088.

13. The Manager will be bonded for the amount of $25,000 as approved by the Executive Board.

14. The Bingo Chairman shall be responsible for all business and financial matters of the Bingo program. The Bingo Chairman shall present a monthly financial report at regular Executive Board and Post meetings. He shall be bonded for $25,000 as approved by the Executive Board.

1. For efficient operation of the Post, payment for services may be rendered to members or others as deemed necessary.

2. Commander shall have his dues paid by the Post for as long as he resides in Ashland County, if he has completed the full year, unless he is a life member.

3. The Finance Officer shall have his dues paid by the Post for each year of his tenure, provided he is not a life member.

4. Trustees will determine the rates of pay for employees of the Post and submit them to the Executive Board at a regular meeting.

1. The Executive Board with approval by the membership shall determine the amount of annual dues. Changes in the amount of dues must be approved by the Executive Board and the majority of the membership at a regular meeting.

2. From the collected dues, the Post shall pay the assessments to the State and National Offices.

3. A member failing to pay dues to the Post by February 1 of the year in which the dues is owed, shall be classed as delinquent and forfeit all rights and privileges of the Post.

1. The Constitution and By-Laws shall be ratified by a two-thirds vote of Post members present at the regular meeting designated by the Commander for such a vote.

2. The Post members shall be notified at two regular meetings prior to the date of ratification of the date of said vote of ratification.

3. The Constitution and By-Laws go into affect on the first day of the month following ratification.

4. A copy of the Post Constitution and By-Laws shall be submitted to the District and the American Legion Department of Ohio.

1. The Commander shall direct the Constitution and By-Laws Committee at least every three years to review the Constitution and By-Laws for the purpose of any needed changes.

2. Amendments to the Constitution and/or By-Laws may be proposed by any member in good standing of Post 0088. Such amendments shall be submitted to the Commander who shall in turn give them to the Constitution and By-Laws Committee for review and presentation at a regular Post meeting. The Commander will announce the presentation of the proposals at two regular meetings before said presentation.

3. The Constitution and By-Law Committee shall read proposed amendments to the Constitution and By-Laws at three successive regular meetings of Post 0088. At the third reading and after discussion and comments, the Commander shall ask for a motion to accept or reject either singlely or collectively the proposed amendments. The acceptance or rejection will be determined by a two-thirds vote of the members present.

** Presented as ratified and approved by the American Legion Department of Ohio on March 19, 1997
** Reviewed and deemed "no changes required" on August 12, 2001