NORTH STRAND AMERICAN LEGION POST # 186
(REVISED OCTOBER 1998, JANUARY 2004, JANUARY 2014)
(REVISED 2 MAY 2015)
Article I – NAME
Section 1. The post existing under these, By-Laws is to be known as “NORTH STRAND POST 186”, THE AMERICAN LEGION, DEPARTMENT OF SOUTH CAROLINA.
Article II – PURPOSE
Section 1. The purpose of the organization is patriotic, benevolent and fraternal. Only veterans who served in the Armed Forces of the United States during the following dates are eligible for membership: W.W.I April 6, 1917 to November 11, 1918; W.W.II December 7, 1941 to December 31, 1946; Korean War June 25, 1950 to January 31, 1955; Vietnam War December 22, 1961 to May 7, 1975; Lebanon and Grenada Conflict August 24, 1982 to July 31, 1984; Panama Conflict December 20, 1989 to January 31, 1990 and the Persian Gulf War August 2, 1990 to the Cessation of Hostilities as determined by the United States Government.
Article III – ELEGIBILITY
Section 1. Eligible persons must complete a membership application and submit it to the post first vice commander. Each person must also submit their DD214 form and the required membership dues for a year. When verification of eligibility is completed the post first vice commander presents the application to the post membership for approval.
Section 2. No person will be admitted to the canteen without a current signed membership card. Guest must accompany a member into the premises and the member must be responsible for their conduct. All guests will be registered by the membership when entering the premises.
Article IV – DISSOLUTION
Section 1. Upon dissolution of the post, all residual assets must be turned over to the American Legion Department of South Carolina.
Article V – MANAGEMENT
Section 1. The government and management of the post are entrusted to an executive committee of thirteen (13) members, to be known as the “executive committee.” The executive committee will consist of four members in addition to nine elected officers of the post and will be elected annually. All vacancies existing in the executive committee, or in any office of the post from any cause other than the expiration of the term, will be filled by a majority vote of the remaining members of the committee, and a person so appointed will hold office for the unexpired term of the member of the committee or officer whom he succeeds. A vacancy will exist when the executive committee member is absent from his post for a continuous period considered detrimental to the interest of the post by the executive committee. The commander shall recommend and the executive committee will approve the following standing committee(s): budget committee.
Section 2. In electing post officers and the four executive committee members the following schedule will be followed: At the March meeting of the post, the post members or the executive committee will recommend and, with the post membership approval, elect nomination and election committees. The nomination committee will make its formal report to the post at the April meeting. The post commander shall call for additional nominations from the floor at the May post meeting. A post member may be nominated for only one office. Newly elected officers will be installed and assume their duties at the first post meeting in June.
Section 3. The election of post officers and executive committeemen shall be by secret ballot. The identity of the voter must not be indicated in any way. Instructions will be given concerning the method of marking the ballot. Absentee or proxy ballots will not be accepted. Only paid up members of the post can cast a ballot. Ballots will be accepted at the close of the May post meeting. Ballots will be placed in a sealed container controlled by the election committee. The container will be opened in the presence of the post adjutant and commander for the purpose of verifying the vote. The candidate or candidates receiving the highest number of votes shall be elected to the respective office for which they are candidates. The chairman of the election committee, post adjutant and commander will certify the results of the election. The commander will announce the results of the election and display said results on the post bulletin board no later than 6:00 p.m. local time the day of the election.
Article VI – POST EXECUTIVE COMMITTEE
Section 1. The post executive committee will meet for organization and other such business as may come before it at the call of the post commander within 10 days after the installation of new officers. Thereafter the post executive committee shall meet once a month prior to the regular membership meeting or at the call of the commander. Seven members of the committee will constitute a quorum thereof.
Section 2. The Post Commander, Adjutant and Finance Officer will hire, evaluate, counsel or terminate all Post employees as may be necessary, and in their absence or inability to preform their duties they shall delegate their authority to another member of the Executive Committee who agrees to accept that responsibility. The Post Adjutant shall include in his regular monthly report to the Executive Committee all actions taken regarding Post em0ployees. The Post Executive Committee will authorize and approve all expenditures over $500; will require adequate bond for post finance officer; will hear the reports of post committee chairmen; and generally have charge of and be responsible for the management of the affairs of this post. The executive committee will promote a positive atmosphere within the post and canteen. All post officers will assist executive committee members as requested.
Section 3. The post commander, or member of the executive committee acting in his stead, will authorize and approve all expenditures from the sunshine fund up to a maximum of $300 for veterans in need.
Article VII – DUTIES OF OFFICERS
Section 1. Duties of Post Commander: It will be the duty of the post commander to preside at all meeting of the post and to have general supervision over the business and the affairs of the post and such officer will be the chief executive officer of the post. He will, with the approval of the executive committee direct the disbursement of funds and will make an annual report covering business of the post for the year, and the recommendations for the ensuing year, which will be read at the annual meeting and a copy thereof immediately forwarded to the department adjutant. He will perform other duties as directed by the post.
Section 2. Duties of First Vice Commander: The first vice commander will assume and discharge the duties of the office of commander in the absence or disability of, or when called upon by the post commander. He shall be the membership chairman and tender reports of membership annually or when called upon at a meeting, and he shall also be a member of the budget committee.
Section 3. Duties of Second Vice Commander: The second vice commander will develop programs to increase member participation at all meetings and events and will be concerned with the pageantry associated with the Legion, including color guard and firing squad and be responsible for all public relations.
Section 4. Duties of Post Adjutant: The adjutant will 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, and under direction of the commander handle all correspondence of the post.
Section 5. Duties of Finance Officer: The finance office of the post will have charge of all finances and see that they are safely deposited in some local bank or banks and will report once a month to the executive committee the condition of the finances of the post, with such recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the post. He shall be the budget committee chairman. He will be adequately bonded.
Section 6. Duties of the Post Historian: The Post Historian will be charged with the individual records and incidents of the post and post members and will perform other duties as may properly pertain to the office as may be determined by the post or the executive committee.
Section 7. Duties of Post Chaplain: The post chaplain will be charged with the spiritual welfare of the post comrades and will offer 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 8. Duties of Sergeant-At-Arms: The sergeant-at-arms will preserve order at all meetings and will perform other duties as may be from time to time assigned to him by the post executive committee.
Section 9. Duties of Service Officer: The service officer is responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted to them by law. The service office must know how to utilize the expert services available through legion channels or those of the agencies in the community.
Section 10. Duties of Executive Committee Volunteer Committee Chair: The executive committee volunteer committee chair serves as liaison with volunteer chairs of three (3) groups.
Section 11. Duties of Executive Committee External Post Events Chair – The executive committee external post events chair is responsible for Memorial Day and Veterans Day ceremonies, St. Patrick’s Day parade and other events on an ad hoc basis.
Section 12. Duties of Executive Committee Internal Post Events Chair: The executive committee internal events chair is responsible for quarterly meat raffles, Post Everlasting and flag retirement ceremonies and other events on an ad hoc basis.
Section 13. Duties of Executive Committee Canteen Maintenance and Repair Chair: The executive committee canteen maintenance and repair chair is responsible for maintenance and repair in the post canteen.
Article VIII – DELEGATES
Section 1. Delegates and/or alternates to the department convention provide post visibility and valuable input to this convention, therefore the selection of post representatives is extremely important. Normally, the department convention is held in June of each calendar year.
Section 2. Delegates and/or alternates to a department convention will be elected by ballot, if more than one nominee, at post membership meeting thirty (30) days prior to convention.
Section 3. If there are no candidates for Section 2 above, the post commander will recommend delegates and the membership will be required to approve such recommendations at meeting identified in Section 2 above.
Section 4. The post will be responsible for department convention costs up to $500 per delegate to include hotel room, transportation, and meals (with receipts provided). Any other delegate reimbursements must be approved by the Executive Committee upon return of the delegate.
Article IX – RESOLUTIONS
Section 1. All resolutions of state or national scope presented to this post by a member or reported to this post by a committee will merely embody the opinion of this post on the subject and a copy of same will be forwarded to the department headquarters for its approval before any publicity is given or action other than mere passage by the post is taken.
Article X – MEETINGS
Section 1. The regular meeting of the post will be held at the post home, Little River, South Carolina on the first Saturday of each month at 10:00 a.m.
Section 2. The post commander or a majority of the executive committee will have power to call a special meeting of the post at any time.
Section 3. Upon the written request of 10 members, the post commander or the executive committee will call a special meeting of the post membership.
Section 4. A quorum for the post membership meeting will consist of a majority of the executive committee being present and those members of the regular membership who are present.
Article XI – NOTICES
Section 1. Every member must furnish the post adjutant with his or her mailing addressto ensure proper delivery of post correspondence.
Section 2. The post adjutant will notify the post membership at the April membership meeting that the annual election of post officers will occur at the May membership meeting.
Article XII – RULES OF ORDER
Section 1. All proceedings of this post will be conducted and pursuant to Roberts Rules of Order, except as herein otherwise provided.
Article XIII – LIMIT OF LIABILITIES
Section 1. The post shall incur, or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other post, subdivision, members of the American Legion or other individuals, corporations or organization.
Section 2. American Legion Post #186, Inc., and Legion sanctioned and authorized bodies, which are a part of American Legion Post 186, Inc., hereby deny and will not legally be subject to any liability for damages incurred by any non-post member, business invitee, or other third party, who have contracted to use the post property for their own function and their own members or guests.
Article XIV – AMENDMENTS TO BY-LAWS
Section 1. These by-laws may be amended at any regular post meeting, by a vote of 2/3rds of the members present at that meeting; provided that the proposed amendment has been submitted in writing and read at the next preceding regular meeting of the post and provided further notice will be given to all membership at least 10 days in advance of the date such amendment is to voted upon. This notice can be email and/or post website and/or post calendar and/or post newsletter.