CONSTITUTION OF THE WEST JEFFERSON POST 201. DISTRICT 6, DEPARTMENT OF OHIO

PREAMBLE

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 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 goodwill 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.

ARTICLE I

NAME

The name of this organization shall be “West Jefferson Post 201, The American Legion, Department of Ohio.”

ARTICLE II 

OBJECTS

Section 1.  The objects and purposes of Post 201 shall be to promote the principles and policies set forth in the foregoing Preamble and the National and Departmental constitutions of the American Legion.

Section 2.  The purposes of Post 201 follow the Four Pillars of the American legion as defined in the Officer’s Guide:  Veterans Affairs and Rehabilitation, National Security, Americanism, and Children and Youth.

ARTICLE III 

NATURE

Section 1. The American Legion is a civilian organization; membership therein does not affect nor increase liability for military or police service. Rank does not exist in the Legion; no member shall be addressed by his military or naval title in any convention or meeting of the Legion.

Section 2. The American Legion shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment. (Amended 58th National Convention 1976).

ARTICLE IV

MEMBERSHIP

Section 1. Eligibility for membership in the post shall be as prescribed in the National Constitution of the American Legion.  Membership is restricted to individuals who have served in the United States Armed Forces during periods defined in the National Constitution of the American Legion, or a citizen of the United States who served in the armed forces of an allied nation during the defined periods.  All members must have been honorably separated by discharge or retirement.  Members of the Armed Forces currently serving are also eligible for membership.

Section 2.  Application for membership shall be in writing under such regulations as prescribed by the Executive Committee. 

Section 3. Applications for membership will be acted upon at the next regularly scheduled post meeting and may result in acceptance, rejection or referred for further investigation and consideration.  The application is voted upon by post members present.  Rejection must be by a majority vote.

Section 4.  Any member of the post may be expelled or suspended for cause per rules and procedures as defined by the American Legion, Department of Ohio.

Section 5.  A member who has been expelled or suspended for cause may be reinstated by a two-thirds vote of post members present at a regular post meeting upon payment of dues for the reinstatement year if unpaid.

Section 6.  A member who has been expelled from another post is not eligible for membership in Post 201 without the consent of the Executive Committee and the expelling post.  If the expelling post denies permission, the individual may appeal to the Department Executive Committee.  (Note:  before taking action, check with the Department or National to make sure that discrimination does not occur)

Section 7.  There shall be no form or class of membership except an active membership, and dues shall be paid annually or for life.

Section 8. No person may be a member at any time of more than one post.

Section 9.  Charter Members.  Any member of the post who joined the American Legion prior to the charter date of West Jefferson Post 201 is considered a charter member.

ARTICLE V

ADMINISTRATIVE

Section 1.  The post shall meet regularly per a schedule as stated in the post’s bylaws.

Section 2.  The fiscal year of the post shall be from August 1 to July 31 inclusive next following. (Amended 67th Department Convention 1985).

ARTICLE VI

POST OFFICIALS

Section 1.  Post officials include the Officers, Trustees and Executive Committee.              

Section 2. Post Officers may include:  Commander, Adjutant, First Vice Commander, Second Vice Commander, Finance Officer/Treasurer, Service Officer, Chaplain, Sergeant-at-Arms, Historian, and Judge Advocate.  Any post member in good standing may hold office.  A member may hold multiple offices and a position may remain vacant.

Section 3.  Executive Committee.  The Executive Committee consists of the Officers of the post and may contain additional members as available and needed. 

Section 4.  The Officers are nominated from the floor at a meeting preceding the annual election and hold office until their successors are duly installed and serve for a term of one year.

Section 5.  Any officer or committee member may be removed for inefficiency by a two-thirds vote of the Executive Committee. 

Section 6.  Any member of the post in good standing shall be eligible to hold office in the post. 

Section 7. Duties of officers and executive committee members are defined in guidelines published by the American Legion at the national and departmental level.

ARTICLE VII

FINANCE

Section 1.  The revenue of this post shall be derived from membership or initiation fees, annual membership dues and other sources as approved by the Executive Committee.

Section 2.  The amount of such membership or initiation fees, and annual dues will be determined and fixed by this post.

Section 3.  The post shall remit to Departmental headquarters, the annual National and Departmental dues. 

Section 4.  The post shall complete and submit necessary incorporation and tax documents as required by the State of Ohio and the Federal Government.

ARTICLE VIII

AMERICAN LEGION AUXILLARY

Section 1.  Post 201 recognizes an auxiliary organization to be known as the Auxiliary Unit of West Jefferson Post 201.

Section 2.  Membership in the auxiliary shall be as prescribed by the National Constitution of the American Legion.

ARTICLE IX

AMENDMENTS

Section 1.  This constitution is adopted subject to the provision of the national constitution of the American Legion and the Constitution of the Ohio Department of the American Legion.  Any Amendments to the National or Departmental constitution which conflict with the post constitution will automatically revise or repeal such conflicts in the post constitution.

Section 2.  This constitution may be amended at any regular post meeting by a two-thirds vote of members present, provided such amendments have been submitted in writing and presented at the prior meeting of the post and that a notice has been provided to all members at least ten days prior to the scheduled vote on the proposed amendment(s), notifying them that a proposed amendment to the post constitution will be voted on at the meeting.

By-Laws

THE AMERICAN LEGION, DEPARTMENT OF OHIO, WEST JEFFERSON POST 201

Article I

Executive Committee

Section 1. The Post Executive Committee exercises general supervision of post activities.  The Post Executive Committee consists of the post officers and two additional post members.

Section 2.  The Post Executive Committee establishes meeting times and dates.

Section 3.  The Post Executive Committee meets periodically to review and oversee activities and needs of the post to include:

1. Discussing and making determinations pertaining to post disciplinary actions.
2. Approving or disapproving proposed fund-raising activities.
3. Establishing post committees as needed.
4. Determining Uniform requirements for the post. The only official uniform item is the cap.  However, the post may adopt a standard appearance for details.  This can include standardized cap, shirts, jackets, ties, gloves, etc.,

Article II

Trustees

Section 1.  The post shall appoint three members of the post to serve as trustees.  The trustees oversee the physical facility of the post.

1. The Trustees supervise janitorial and other maintenance needs.
2. The Trustees supervise physical security of post property.
3. The Trustees make an annual audit of the financial records of the post and report the findings to the Executive Committee for review. The Trustees report findings at the next regular post meeting.  An Audit Committee may be appointed by the Executive Committee to assist in the audit. 

Article III

Officers

Duties of all officers of the post are defined in the National Officer’s Guide. 

Section 1.  Commander as the executive head of the post directs the regular meetings of the post using the guidelines for meetings included in the National Officer’s Guide.  He conducts the meeting using Robert’s Rules of Order.  The Post Commander has full authority to enforce the provisions of both the National and Departmental by-laws.  He/she shall perform such duties as directed by the Post Executive Committee.

Section 2.  First Vice Commander shall assume and discharge the duties of the post in the absence of the Post Commander or when called upon by the Post Commander.  The First Vice Commander is normally in training to step up to the position of Post Commander.  The First Vice Commander chairs the membership committee.

Section 3.  Second Vice Commander assumes the duties of the First Vice Commander upon absence or disability.  The Second Vice Commander is responsible for programs, finding speakers and building a strong social calendar for the post.

Section 4.  Adjutant acts as the secretary of the Post, keeping minutes, replying to correspondence, and keeping the records of the post including membership records.  The duties of the adjutant are vital to the smooth running of the post and are comparable to those of a First Sergeant or a First Mate. 

Section 5.  Finance Officer is the treasurer and the custodian of the funds of the post and maintains fiscal records.  The Treasurer collects fees and dues, and monies from fund raisers, makes deposits, disburses funds, and reports fiscal activity and balances at a Regular post meeting of the month. The Finance Officer prepares and submits necessary financial reports to governmental entities.

Section 6.  Service Officer maintains contact with other veterans and service organizations and Legion channels.  Maintains publication and forms and provides information on veteran’s rights and benefits.  Special attention should be given to newly discharged veterans of more recent wars and conflicts who are unlikely to know their benefits.

Section 7.  Chaplain must be a person capable of moral and intellectual leadership and one who will bring dignity and respect to the office.  The Chaplain offers prayers at post meetings and other events when called upon.

Section 8.  Sergeant-at-Arms is responsible for the physical arrangement of the Meeting Hall and leads honor guards, burial details and pageantry.  The Sergeant-at-Arms is responsible for proper flag etiquette. 

Section 9.  Historian working in conjunction with the Adjutant, sees that important records are archived at local and state libraries.  The Historian is to prepare an annual report of post activities and forward it to the Department Historian.

Section 10.  Judge Advocate supplies professional advice in the conduct of post business and ensuring that the post follows the guidelines of both the National and Departmental constitutions and by-laws.

Article IV

Elections and Installation

Section 1.  Post elections of Officers are held annually at the first meeting of May.  Nominations are accepted at the first meeting in April.  There are no term limits for any position. 

Section 2. Installation of Officers shall follow the procedures from the Officers Guide. Installation is the second meeting in May.   All positions take office at the first meeting in June.  All incumbents remain in office until the June meeting unless resigned or removed for cause.

Section 3.  If an officer or trustee becomes absent or can no longer fulfill the duties of the office, the duties of the office will be performed by other post officers per Bylaws, Article IV, Section 1 or by a qualified member of the post for the remainder of the term. 

Article V

Standing Committees

Section 1. The post may have any number of standing committees.  The Post Commander will appoint at the beginning of each year, members to fill the various committees as needed for the smooth operation of the post.  Members may hold positions on multiple committees.  There is no term limitation for committee appointments.  Typical standing committees within the American Legion are: 

1. This committee seeks to inspire love of country and good citizenship through patriotic observances, flag etiquette, civic instruction in schools, the Americanization of immigrants, community service, and youth activities such as Boys State, Boy Scouts, Oratorical Contest, School Award Medals and American Legion Baseball.
2. Children and Youth. This committee ensures children of veterans in need of care and protection receive proper and timely services and aid, extends connections to verified organizations and facilities providing services for children and youth, and maintains programs that meet the needs of youth in the local community.
3. Veterans Affairs & Rehabilitation. This committee assists veterans in pursuing claims, understanding their rights and obtaining their benefits. Committee members also visit veterans who are sick, disabled or residing in assisted living facilities, and provide comfort to members’ families in illness and bereavement.
4. National Security. This committee engages in community emergency preparedness, promotes public safety, and supports local and national civilian defense projects.
5. Membership & Post Activities. This committee recruits, retains and engages members to give the post the volunteers to create success for The American Legion in the local community.
6. Public Relations. This committee elevates awareness in the veterans’ community and the community of American Legion advocacy of veterans’ issues, national security, Americanism and youth. The American Legion is defined in the public eye by the values it demonstrates. The committee accomplishes this in two ways: placing radio and TV advertisements and public service announcements produced by National Headquarters where they can be seen and heard, and developing relationships with editors and journalists in the post’s community so they cover programs supporting the Legion’s four pillars.
7. Legislative. This committee promotes The American Legion’s official legislative mandates, disseminates legislative updates, organizes and promotes proactive grassroots lobbying activities, and liaisons with elected officials and their staffs. All activities must be in compliance with Section 2, Article ii of the Constitution of The American Legion, which forbids the dissemination of partisan principles and the promotion of the candidacy of any person seeking public office. However, voter education is a critical element of the electoral process, and posts are permitted to host town hall meetings, put on “meet the candidate” nights and allow candidates to address post meetings, district conferences or state conventions. Candidates may participate if invitations are extended to all candidates, affording them equal opportunity to participate. The American Legion cannot endorse or oppose any candidate, even if the candidate is a Legionnaire and post member. A post home should be free of any political materials that would appear to be an endorsement of a particular candidate. Every effort must be made to remain nonpartisan. Note: if in doubt, contact the department for clarification before proceeding.
8. This committee supervises the receiving, disbursement and accounting of all post funds, prepares annual budget recommendations, and advises the post on all financial policies.
9. Economic. This committee assists veterans in meeting and overcoming problems such as employment, veterans’ preference, housing, civil service appeals, and employment of handicapped and older workers.
10. House. This committee supervises the operation of the post’s physical facilities, such as a clubroom, American Legion center, meeting room, etc. Responsibilities include administration, equipment, and the hiring and direction of employees (as authorized by the post executive committee), and general rules applicable to the conduct of members while on the post’s premises.
11. Service. This committee is key to every successful post, assisting returning veterans in their transition to civilian life. Other concerns include employment, on-the-job training, and educating veterans on their rights and benefits. The committee should maintain contact with members of the armed forces from the post’s community.

Section 2. Other committees may be established as Post needs dictate.

Article VI

Community and Post Service

Section 1 – Activities.  The post may be involved in a variety of activities.  The protocol for these is included in the Officers Guide and include, but are not limited to:

1. New Member Initiation.
2. POW/MIA Ceremony shall be conducted annually as the first meeting in October and follow the procedures outlined in the Officers Guide.
3. Flag Burning. Flags that are no longer serviceable for display are collected and burned annually (or more often if needed) per the Officers Guide.  Input from other organizations such as the Boy Scouts is welcomed. 
4. The post is often called upon to furnish a funeral detail.  The Sergeant-at-Arms contacts post members to assemble the detail.  M-1 Garand rifles are on loan from the U.S. Government.  The detail follows the procedures from the Officers Guide.  The Sergeant-at-Arms supervises the detail.
5. Flag Raising. The post is often asked to raise the flag, especially at sporting events.  Procedures are in the Officers Guide. 
6. Several patriotic and other parades invite the post to participate.  Each parade may require different numbers of individuals and flags and/or rifles.  The dignity and professionalism of the Post are paramount in participation in these events.
7. Patriotic Holidays. The post is often asked to participate.  This may include firing detail, speakers, or just physical presence.
8. Participation with other Veterans or Military groups. The post is asked to participate with other groups.  This may be a funeral, or to provide judges for an ROTC competition at a local high school, etc.  These activities are often requested by phone call to a post officer.  The Commander may call for volunteers or assign another officer to manage liaison and secure post members for event.
9. District, Departmental, and National meetings and conventions. Post officers are expected to attend certain meetings of the above mentioned American Legion events and may be required to provide delegates for the same.  Delegates and alternatives will be chosen by ballot at a regular meeting of the post at least 20 days prior to the convention.

Article VII

Training and Education

Section 1.  New members will be welcomed into the Legion by assigning a mentor who is familiar with our customs, traditions, policies and programs.

Section 2. Each member of the post is encouraged to complete the BASIC TRAINING course which is available online at www.legion.org/training.

Section 3.  Each post official should review and be familiar with the “American Legion Officer’s Guide and Manual of Ceremonies”.  The current version of the Guide can be downloaded as a PDF From https://www.legion.org/sites/legion.org/files/legion/publications/27IA0219-Officers-Guide.pdf

Section 4.  Post member should familiarize themselves with the American Legion Website. https://www.legion.org.  This website contains information about programs, services, membership and publications.  Many Legion publications are free and can be downloaded in .pdf format.  Specialized manuals such as the Adjutant’s and Chaplain’s manuals are available for download.

Section 5.  American Legion Buckeye Boys State is an eight-day hands-on experience in the operation of the democratic form of government, the organization of political parties, and the relationship of one to the other in shaping Ohio government.  The post works with local high schools to identify and prepare juniors for participation.  Applicants must be Ohio residents, U.S. Citizens and must attend an area orientation program.  The post is required to interview applicants and make selections based on program quotas and best qualified applicants based on test and interview responses. Further information is available at http://www.ohiobuckeyeboysstate.com/

Article VIII

Resolutions

Section 1.  Definition of Resolution.  A member or committee may present an idea for involvement of the post in an activity that could have American Legion Department or National significance. 

Section 2.  If the executive committee determines that this idea has merit and should be further considered, a resolution explaining the activity will be forwarded to the appropriate level for review and consideration.  If it is determined that the resolution bears merit and can be implemented, then further action can be taken.  In the interim, the post will keep the resolution tabled and no action will be taken without higher-level approval. 

Article IX

Meetings

Section 1.  Regular meetings of the post will be held at 7:30 p.m. on the first and third Thursday of each month.   The American Legion’s Officers Guide and Manual of Ceremonies will be used to conduct the meeting.  Meetings will be conducted following Robert’s Rule of Order. Approval of business items require the presence of a quorum of members defined as 5% of the total membership.

Section 2.  Regular meetings may be replaced if the occasion warrants, by special meetings such as POW/MIA remembrance, Veterans’ Activities, field trips, entertainment, banquets, etc.  These types of meetings are to be held infrequently.  There will be at least one regular meeting during the month that   a special meeting is held. 

Section 3.  A meeting may be cancelled if unusual circumstances occur, such as local or national disaster, inclement weather, wide-spread illness, etc.  Efforts will be made to contact members.

Section 4. If the post meeting facility is unusable, then the trustees will attempt to find an alternative meeting location.

Article X

Notices

Section 1.  Duties of Members.  Members are expected to keep the Post Adjutant informed of changes of address.  The post needs to be able to contact members.  At a minimum, the member’s mailing address is to be furnished.  Phone numbers and e-mail addresses are appreciated.  The post needs to contact members for needs such as funerals, parades, and other community events.

Section 2.  Post duties.  Various activities of the post require notification to the membership.  The majority of notifications are the responsibility of the Adjutant. 

Article XI

Limitations of Liability

Section 1. The post is involved in a wide range of activities, many of which expose the organization, its, officers, and members to potential liability because of their acts or omissions.  Although the purpose of not-for-profit organizations is to serve the public interest, these organizations, their officers and members may cause harm to others while serving in an official capacity and are thus susceptible to typical tort claims, as well as claims such as wrongful membership discrimination, among others.

Section 2.  This post shall not incur, or cause to be incurred, liabilities nor obligations whatever which shall subject to liability any other American Legion post, subdivision, group of members of the American Legion, or individuals, corporations, or organizations.

Section 3.  The post shall acquire and keep in force liability insurance for post activities.  The amount of acquired liability will be determined by the Executive Committee, reviewed annually and presented as a motion at a regular meeting of the post.

Article XII

Amendments

Section 1. These by-laws may be amended at any post meeting by a vote of 2/3 of members present at the meeting, provided the proposed amendments shall have been submitted in writing and presented at the meeting immediately prior.  Written notice of the proposed amendment shall be given to members at least ten (10) days in advance of the day when such amendment is to be voted on.  This notice to members will include the language of the amendment and the voting date.