Constitution

and

By-Laws

of the

American Legion Post 35

D‍ouglas V. Passen Memorial Post

DEFINITIONS 4

Organization 4

Constitution 4

By-laws 4

Constitution 5

PREAMBLE 5

Article I - NAME 5

Article II - NATURE AND PURPOSE 5

Article III - MEMBERSHIP 6

Article IV - OFFICERS 7

Article V - EXECUTIVE COMMITTEE 8

Article VI - FINANCE 8

Article VII - AMERICAN LEGION AUXILIARY 9

Article VIII - SONS OF THE AMERICAN LEGION 9

Article IX - AMERICAN LEGION RIDERS 9

Article X - AMENDMENTS 9

BY-LAWS 10

Article I - PREFACE 10

Article II - MEMBERSHIP RULES 10

Article III - MANAGEMENT 11

Article IV - POST EXECUTIVE COMMITTEE 13

Article V - DISCIPLINE 14

Article VI - DUTIES OF OFFICERS 15

Section 1. Post Commander 15

Section 2. First Vice-Commander 15

Section 3. Second Vice Commander 16

Section 4. Post Adjutant 16

Section 5. Finance Officer 16

Section 6. Post Historian 17

Section 7. Post Chaplain 17

Section 8. Sergeant-At-Arms 17

Section 9. Service Officer 17

Section 10. Judge Advocate 17

Section 11. Executive Committee Members 18

Article VII - DELEGATES 18

Article VIII - APPOINTMENTS 18

Article IX - DUTIES OF COMMITTEES 19

Section 1. Americanism Committee 19

Section 2. Ceremonials Committee 19

Section 3. Children and Youth Committee 19

Section 4. Economic Committee 19

Section 5. Finance Committee 20

Section 6. Foreign Relations 20

Section 7. Graves and Memorial Committee 20

Section 8. House and Entertainment Committee 20

Section 9. Legislative Committee 20

Section 10. Membership Committee 20

Section 11. Public Relations Committee 20

Section 12. Veterans Affairs and Rehabilitation Committee 21

Section 13. Security Committee 21

Article X - RESOLUTIONS 21

Article XI - POST MEETINGS 21

Article XII - ELECTIONS AND TERMS OF OFFICE 22

Article XIII:  ASSETS & LIABILITIES 24

Article XIV - INSTALLATION 25

Article XV - ANNUAL DUES 25

Article XVI - RULES OF ORDER 25

Article XVII - AMENDMENTS 26

Article XVIII - RECORDS RETENTION & MAINTENANCE 26

Article XIV - RATIFIED AND ACCEPTED 27

Article XX - DISTRIBUTION 27

DEFINITIONS

Organization

By definition an organization is a “body of persons organized for some specific purpose, as a club, union, or society.”

The American Legion's mission statement, as adopted by the National Executive Committee in October 2020, is: To enhance the well-being of America's veterans, their families, our military, and our communities by our devotion to mutual helpfulness. The American Legion's vision statement is "The American Legion: Veterans Strengthening America.”

Constitution

The Constitution of an organization contains the fundamental operating principles that govern its operation, but does not prescribe specific procedures for operating your organization.

The basic outline of a Constitution contains the Organization’s Name, Preamble, Purpose, Membership, Structure, Meetings, Amendments, and other items of hierarchy.

By-laws

By-laws detail the procedures a group must follow to conduct business in an orderly manner. They provide further definitions to the articles of the Constitution and can be changed more easily as the needs of the organization change.

By-Laws must not contradict provisions in the Constitution.

The basic outline of the By-laws contain the specifics of Membership, Dues, Duties, Boards, Committees, Order of Business, Authority, Procedures, Amendments, and other specific policies and procedures unique to your organization necessary for its operation.

Constitution of the

American Legion Post 35

D‍ouglas V. Passen Memorial Post

Constitution 

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

Section 1. The name of this organization shall be the “American Legion Post 35, D‍ouglas V. Passen Memorial Post”, herein identified as Post 35. Incorporated in honor and commemoration of Douglas V. Passen. 

Article II - NATURE AND PURPOSE

Section 1. The object and purpose of this Post shall be to promote the principles and policies as set forth in the foregoing preamble, and the National and Departmental Constitutions of The American Legion.

Section 2. This Post is a civilian organization and membership therein does not affect or increase liability for military or police service. Rank does not exist in the American Legion; no member shall be addressed by their military or naval title in any meeting of the Post.

Section 3. While requiring all members of the organization to perform their full duty as a citizen according to their own conscience and understanding, the organization shall be non-partisan in politics, and shall not be used for the dissemination of partisan principles.

Article III - MEMBERSHIP

Section 1. Eligibility for membership in this Post shall be as prescribed by the National Constitution for the American Legion.

Section 2. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Committee.

Section 3. All applications for membership, including transfers, shall be acted upon at the next Post meeting following the making of such supplications, and shall, at such meeting, be accepted, rejected or referred for further investigation. Should a majority of the members present, and voting cast their vote against the acceptance of said application, then the application shall be recorded as rejected.

Section 4. Any member of the Post may be reprimanded, suspended, removed from office or expelled from this Post and/or The American Legion only by proper showing or cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of the American Legion. Any and all discipline of an Officer or Member must be in accordance with The Rules of Trial as defined by the American Legion Department of Florida.

Section 5. Any member who has been expelled or suspended for any cause has the right to appeal the action and such appeal must follow “The Rules Governing Appeals” as established by The American Legion Department of Florida

Section 6. A member of this Post who has been expelled or suspended from the Post for any cause may be reinstated to membership by a two-thirds vote of the membership present at a Post meeting and the payment of current dues for the year in which the reinstatement occurs.

Section 7. No person who has been expelled by another post shall be admitted to membership in this Post without the consent of the expelling post, except that where such consent has been asked to and denied by such post, he/she may then appeal to the State Executive Committee of the Department of the expelling post for permission to apply for membership in this Post, and shall be ineligible for membership until such permission is granted.

Article IV - OFFICERS

Section 1. The administrative affairs of the Post shall be under the supervision of the Executive Committee which shall consist of the officers of the Post and such ex-officio members as may be provided by the By-laws.

Section 2. The elective officers of this Post shall be a Commander, a First Vice Commander, a Second Vice Commander, a Finance Officer, a Historian, a Chaplain, a Sergeant-at-Arms and three Trustees. Elections are per the Post By-Laws

Section 3. The appointive officers of this Post shall be an Adjutant, a Service Officer and a Judge Advocate. They shall be appointed by the Commander-elect, subject to the approval of the newly elected Executive Committee. Their terms of office shall be concurrent with the elected officers.

Section 4. All elective officers and committeemen shall be elected annually except the Trustees, who are elected for a three-year term, with staggered terms, one being elected each year. Officers shall hold office until their successors are duly installed, or as otherwise provided. All appointive officers will serve at the pleasure of the Commander.

Section 5. In case of resignation, death, illness, suspension, or removal from office of the Post Commander, the First Vice Commander shall perform the duties of the Commander until a special election can be called. Should the First Vice Commander be unable or unwilling the Second Vice Commander shall assume the role of Commander until a special election can be called.

Section 6. Any member of this Post in good standing shall be eligible to hold office in this Post.

Section 7. The duties of the officers and the executive committee shall be those usually pertaining to such officers or committees or as provided in the By-Laws.

Article V - EXECUTIVE COMMITTEE

Section 1. The Post Executive Committee is composed of the Commander and all Officers, both elected and appointed and the immediate Past Post Commander in good standing. In accordance with the By-Laws, the Post may provide for such other standing committees as the business of the Post may require.

Section 2. The Post Commander is the chairperson of the Executive Committee.

Section 3. The Post Executive Committee shall have general management of the Post within a budget established by the Post membership annually. The Executive Committee shall hire and terminate employees and take care of the routine operation of the Post. Any expenditures not included in the budget and not considered routine must be brought to the membership at a regular meeting for a vote, or at a special membership meeting. The decisions of the Executive Committee cannot preclude the will of the membership. The membership is the final authority in a Post.

Section 4. All vacancies existing in the Executive Committee, or in any office of the Post from any cause other than the expiration of the term, shall be filled by a two-thirds vote of the members of the Executive Committee, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer who is succeeded.

Article VI - FINANCE

Section 1. The revenue of the Post shall be derived from annual membership dues and from such other sources as may be approved by the Executive committee.

Section 2. The amount of such annual Post dues shall be fixed and determined by the Post membership.

Section 3. The Post shall pay to National Headquarters the national and departmental annual membership dues for every member of this Post within 30 days of receipt.

Section 4. No funds of this Post shall be withdrawn or expended except as authorized in the annual budget approved by the membership. Should an expenditure be required or desired the Executive Committee may make a recommendation to the membership at the next regularly scheduled Post Meeting after which a vote should be taken to approve the expenditure.

Article VII - AMERICAN LEGION AUXILIARY

Section 1: This Post recognizes an auxiliary organization to be known as The American Legion Auxiliary of Post 35.

1. Membership in the Auxiliary shall be prescribed by the National Constitution of the American Legion Auxiliary.

Article VIII - SONS OF THE AMERICAN LEGION

Section 1: This Post recognizes a Post program to be known as the Sons of The American Legion of Post 35.

1. Membership in the Sons of the American Legion Squadron shall be prescribed by the National and Department Constitution of the Sons of the American Legion.

Article IX - AMERICAN LEGION RIDERS

Section 1. This Post recognizes a Post program to be known as the American Legion Riders Chapter of Post 35.

1. Membership in the Post 35 American Legion Riders shall be prescribed by the National and Department Constitution and By-Laws, past Resolutions of the National and Department and the Department Standard Operating Procedure of the American Legion Riders. The Post 35 may adopt Standing Rules as submitted by the Post 35 Chapter

Article X - AMENDMENTS

Section 1. This constitution is adopted subject to the provisions of the National Constitution of the American Legion and the Department Constitution of The American Legion Department of Florida. Any amendments to said National or Department Constitutions which conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.

Section 2. This Constitution may be amended at any regular Post meeting in accordance with the rules set forth in the Post 35 By-Laws.

By-laws of the

American Legion Post 35

D‍ouglas V. Passen Memorial Post

BY-LAWS

Article I - PREFACE

Section 1. The Post existing under these By-laws is to be known as “American Legion Post 35, D‍ouglas V. Passen Memorial Post.”

Section 2. The objectives of this Post are as set forth in the Constitution.

Article II - MEMBERSHIP RULES

Section 1. There shall be no form or class of membership except an Active Membership, whose dues, except for PUFL (Paid Up For Life) members, shall be paid annually. A “Member in Good Standing” is defined as a member whose dues are paid for the current year. No person may be a member of more than one Post at the same time.

Section 2. A candidate seeking membership of Post 35 must submit an application for membership. The application, with proof of eligibility commensurate with membership, and annual dues are to be presented to the Membership Chairperson. The Membership Chairperson will verify eligibility requirements. The Post Adjutant will submit the application at the next regular Post 35 meeting, and a vote will take place. 

Section 3. Every member shall furnish the Post 35 Adjutant with his or her mailing address for written correspondence, e-mail address, and if possible their current phone number.

Section 4. The fiscal year of Post 35 is June 1st to May 31st.

Article III - MANAGEMENT

Section 1. The government and management of Post 35 are entrusted to an Executive Committee elected by the general membership.

Section 2. The Executive Committee shall consist of elected and appointed officers of Post 35 and the at large representative members as hereinafter provided. All elected officers and committee persons shall be elected annually in (Month) and shall take office at the next meeting following the Annual Department Convention. The Trustees shall serve for three years with staggered terms; one being elected each year. All elections of officers and committeemen shall be by written ballot. The majority of the votes shall be required to elect an officer candidate - including a run-off election, if necessary, between two or more candidates receiving the highest number of votes and which total a majority of the votes cast. Executive Committee members shall be elected by the plurality method. Any member of Post 35, in good standing, shall be eligible to hold office in the Post upon providing a legible copy of their DD Form 214 or Certificate of Service to the Post Adjutant to demonstrate membership eligibility.

Section 3. The immediate Past Commander, upon completion of the term for which elected, and if not otherwise a member of the Executive Committee, shall be an ex-officio member of the Executive Committee with full voting rights for the following year.

Section 4. All vacancies existing in the Executive Committee, or in any office of Post 35 from any cause, other than the expiration of term, shall be filled by a two-thirds vote of the members of the Executive Committee.  The person so appointed shall hold office for the unexpired term of the member of the committee or officer who is succeeded. A vacancy shall exist when an Executive Committee member or officer is absent from Post 35 for a continuous period considered detrimental to Post 35 by the Executive Committee. This action must be ratified by the membership.

Section 5. The administrative affairs of Post 35 shall be under the supervision of an Executive Committee consisting of the Officers of Post 35 and three elected members at large, except as may be otherwise provided by the By-Laws. In accordance with the By-Laws, Post 35 may provide for such other standing committees as the business of Post 35 may require.

Section 6. No Officer or person related by birth, marriage, or by familial relationship of the Executive Committee shall be gainfully employed by Post 35 in any capacity.

Section 7. All Officers of Post 35 will be elected by Post 35 as prescribed herein, with the following exceptions: Post Adjutant, Judge Advocate, and Post Service Officer will be appointed by the Post Commander-elect. Their names will be submitted to the Executive Committee for approval following appointment and prior to installation into office. An elected Officer may also hold an appointed office, but may not concurrently hold more than one elected office. 

Section 8. In the event that a vacancy arises on the Executive Committee by death or resignation, the office shall be declared vacant. The vacancy shall be filled from the candidate nominations put forth by the Executive Committee and names of nominees from the most recent election. The nominees will be elected by a majority vote put forth by the Executive Committee. Members of Post 35 may only hold one (1) elected position of  Post 35 in any one (1) administrative year. In the event that an officer and/or a committee member is absent for three (3) consecutive meetings without a valid excuse, the officer and/or a committee member shall be charged by the commander for neglect of duty. A trial will be held in accordance with the Constitution of the American Legion Department of Florida.

Section 9. Post 35’s  Executive Committee shall meet for the organization and such other business as may come before it, at the call of the Post Commander within Fourteen days after the installation of the new officers. Thereafter, Post 35’s Executive Committee shall meet at the call of the Commander as often as said Commander may deem necessary. The Commander shall call a meeting of the Post Executive Committee upon the joint written request of three (3) or more members of Post 35’s Executive Committee. A majority of members of the committee shall constitute a quorum thereof.

Section 10. Post 35’s  Executive Committee shall hire such employees as may be necessary, Post 35 will require adequate bonds or a dishonesty clause through Post 35’s insurance company from all persons having custody of Post 35’s funds and shall generally have charge of, and be responsible for, the management of the affairs of Post 35.

Section 11. A majority vote of the Executive Committee may authorize the disbursement of funds for projects that will enhance Post 35 or be beneficial to all members. This must include a complete report of finances as deemed by the finance chairman for the disbursement of such funds.

Article IV - POST EXECUTIVE COMMITTEE

Section 1. The newly elected Post 35 Executive Committee shall meet for organization at the call of the Post Commander within ten days after the election. At that meeting an Adjutant, Judge Advocate, and Service Officer shall be selected by the Commander and approved by the newly elected Executive Committee. Thereafter, the Executive Committee shall meet at the call of the Commander at least once every month and as often as the Commander may deem necessary. The Commander shall call a meeting of the Executive Committee upon the joint written request of three or more members of said committee. Seven members of the Executive Committee shall constitute a quorum thereof.

Section 2. Post 35’s Executive Committee shall approve the hiring and dismissal of such employees as may be necessary.  The Executive Committee shall authorize and approve all expenditures, covering normal operating expenses, or routine needs as covered in the Annual Post Budget. Any expenses not covered in the Annual Post Budget above the authorized dollars listed below shall require individual approval by the membership; and shall require adequate surety bonds from all persons having custody of post funds. The Executive Committee shall hear the reports of Post Committee Chairmen; and generally shall have charge of and be responsible for the management of the affairs of Post 35. Notwithstanding the foregoing, any expenditure in excess of $200.00, other than normal operating, or in an emergency shall first be approved by the membership at a regular or specially called Post 35 meeting.

Section 3. It is important for the Executive Committee to remember that any decision made by the Executive Committee shall not preclude the will of the membership. The membership actions at a meeting are the final authority.

Section 4.  The Executive Committee will exercise general supervision over the management and affairs of Post 35. Their duties shall consist of, but not limited to, the following:

• Present to Post 35 the Annual Post Budget at the beginning of each fiscal year.

• Should require that all persons having custody of Post 35 funds secure an adequate bond when deemed necessary. Post 35 will pay the premium for such bonds.

• Approve each place of deposit of Post 35 funds.

• Examine the reports of Post Officers and Committees and recommend appropriate actions.

• Ensure that within 60 days of each new term of Post officers, a complete independent audit, and report on all Post 35 finances/assets is performed.

• Keep full minutes of all meetings and report the same at the next regular Post 35 meeting.

• Investigate and make recommendations to the Commander on all matters he or she requests.

• Submit Written Charges against any Post Officer under the Rules Governing Trials of The American Legion Department of Florida. Officers are elected by the membership and can only be removed by a trial in front of the membership.

• Only members of the Executive Committee are voting members of that body and comments from observers will only be allowed at the discretion of the Post Commander or First Vice, in the absence of the Post Commander, to preserve good order. The Executive Committee may hold a closed session or part of a session with a two-thirds vote of the Executive Committee present.

• Hire employees as may be necessary to operate Post 35, be the final authority for all terminations of employees for any valid reason, authorize and approve all expenditures, require adequate bonds from all persons having custody of Post 35 funds and have charge of and be responsible for the management of Post 35 affairs.

Article V - DISCIPLINE

Section 1. Discipline within Post 35 shall take two forms. The first is from the Executive Committee for actions in the social quarters and the other for much more serious actions against The American Legion, Post 35 and Post 35 members.

Section 2. The House Committee may be given the responsibility by the Executive Committee to investigate improper social quarters conduct and recommend disciplinary action against members and/or guests who violate Lounge Rules. Disciplinary action against members and their guests must be documented in writing, with witnesses and the Executive Committee will deal with the disciplinary action. The resulting disciplinary actions shall be delivered to the member in writing, in a timely manner. Any member so notified has the right to appeal the disciplinary action to the Executive Committee.

Section 3. This discipline concerns actions against The American Legion, against the Post or a Post member. Any disciplinary action where the potential punishment is suspension or expulsion from The American Legion, or in the case of an Officer, the removal from office, against any Member or Officer shall be upon sworn or verified written charges by the accuser(s) as per the Department of Florida RULES GOVERNING TRIALS. These Rules Governing Trials shall govern any and all trials held by The American Legion, Department of Florida or any Post within The American Legion, Department of Florida.

Section 4. Elected Officers of Post 35 shall be reprimanded, suspended, or removed from office only as directed by the Department Constitution and By-Laws.

Section 5. Non-elected, appointed Officers may be removed from their position at any time at the discretion of the Commander.

Article VI - DUTIES OF OFFICERS

Section 1. Post Commander

It shall be the duty of the Commander to preside at all meetings of Post 35 and to have general supervision over the business and affairs of Post 35, and such officer shall be the Chief Executive Officer of the Post 35. The Commander shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the Post 35 for the year, and recommendations for the ensuing year, which shall be read at the annual meeting in June and a copy thereof shall immediately be forwarded to the Department Adjutant. He or she shall be responsible for securing surety bond covering all persons handling Post 35 funds. The Commander shall have oversight on membership programs and perform such other duties as directed by the Post 35 membership.

Section 2. First Vice-Commander

The First Vice Commander shall assume the duties of Commander in the absence or disability of the Commander, or when called upon by the Commander. The First Vice Commander shall be the Membership Chairman.

Section 3. Second Vice Commander

The Second Vice Commander shall be concerned with patriotic observations of all kinds, in developing Post 35 activities, and in entertainment features of Post 35 meetings and shall assume the duties of the Commander whenever so directed by the Commander or in the absence or disability of both the Commander and the First Vice Commander. The Second Vice Commander shall be chairman of the Entertainment Committee. Specifically, the Second Vice Commander is charged with Ways and Means, Americanism, and as liaison between the Post and the SAL Squadron.

Section 4. Post Adjutant

The Adjutant shall be appointed by the Post Commander. The Adjutant shall have charge of and shall keep a full and correct record of all proceedings of all meetings, shall keep such records as the Department and National organizations may require; shall render reports of membership annually or when called upon at a meeting, and under direction of the Commander, handle all correspondence of Post 35.

The Adjutant shall be charged with keeping a record of legal events or interest in accordance with the Records retention policy of Post 35.

Section 5. Finance Officer

The Finance Officer shall have charge of all finances and shall be responsible for their safe deposit in federally insured banks or other financial institutions and shall report once a month report to the Executive Committee the condition of the finances of Post 35, with such recommendations as deemed expedient or necessary for raising funds with which to carry on the activities of Post 35. The Finance Officer shall also be an authorized signer on checks and shall ensure that two signatures are required on all checks. He/she shall also report to the Post Membership at the regular monthly meetings a detailed profit and loss statement on the financial condition of Post 35. The Finance Officer shall also perform financial audits on Post 35 programs; The Sons of the American Legion Squadron and American Legion Riders Chapter.

All checks disbursing funds of Post 35 shall be signed by two of the following: the Finance Officer, Commander and/or First Vice Commander. The Finance Officer shall be bonded as fixed by Post 35. The charge for such bonds shall be paid by Post 35 funds.

The Finance Officer will be required to provide a briefing on insurance coverage to the Executive Committee during the first quarter of the fiscal year.

It shall be mandated that a fiscal year audit be performed by July 1st of each year prior to installation of the oncoming staff. Making the oncoming staff aware of the financial status of Post 35.

Section 6. Post Historian

The Historian shall be charged with keeping a record of events or interest of Post 35 and shall perform such duties as may properly pertain to the office as may be deemed by Post 35 or the Executive Committee.

Section 7. Post Chaplain

The Chaplain shall be charged with the spiritual welfare of Post 35 members and families and will offer divine, but non-sectarian service in the event of dedications, funerals, public functions, etc. and will adhere to such ceremonials rituals as may be recommended by the National and Department headquarters from time to time.

Section 8. Sergeant-At-Arms

The Sergeant-At-Arms shall preserve order at all meetings, condition of the meeting room and its readiness for each meeting to be held, and shall perform such other duties as may be from time to time assigned to him/her by Post 35’s Executive Committee.

Section 9. Service Officer

The Service Officer shall be responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted them by law. The Service Officer shall assist veterans with their need for VA care. The Service Officer must be certified annually by the Department of Florida.

Section 10. Judge Advocate

The Judge Advocate is the Post’s legal authority. The Judge Advocate shall serve as the interpreter of the Constitution and the By-Laws of Post 35 and upon request shall advise on the appropriateness of Post 35 actions and decisions insofar as they affect the good of the American Legion. The Judge Advocate is the parliamentarian responsible for all trials held in Post 35. The Judge Advocate will oversee the audits of Post 35’s finances and report to the Executive Committee any irregularities or problems discovered.

Section 11. Executive Committee Members

The Executive Committee Members will assist in the management and general supervision of Post 35 affairs. Not charged with specific duties, they represent the membership-at-large and may, from time-to-time, be asked by the Commander to perform other assigned duties.

Article VII - DELEGATES

Section 1. Delegates and alternates to a Department convention shall be elected by Post 35 at a regular meeting of Post 35 to be held at least 20 days prior to the date of the convention.

Article VIII - APPOINTMENTS

Section 1. The Commander, immediately upon taking office each year, shall appoint, subject to membership approval the following standing committees: Americanism, Ceremonials, Children and Youth, Economic, Finance, Foreign Relations, Graves and Memorials, House and Entertainment, Legislative, Membership Public Relations Service, Veterans Affairs and Rehabilitation, National Security, Sons of the American Legion and American Legion Riders. Such standing committees shall consist of such members, and the Chairman thereof, as shall be designated by the Post Commander.

Section 2. The Commander shall automatically be a member of each standing committee and shall appoint the Chairman for such committees, subject to the approval of the Executive Committee.

Section 3. Special committees may be designated by the Commander as the business of Post 35 may require.

Section 4. The Finance Committee is charged with the administration of the financial policy, preparation of a budget, and supervision of receiving, disbursing and accounting for all of Post 35’s funds. The Finance Committee should audit Post 35’s funds semi-annually. The Finance Officer shall chair this Committee with the assistance of  Post 35’s Executive Committee.

Section 5. The House Committee will have control over the house matters directly relating to the house, and report to the Executive Committee with all recommendations. All financial matters that are recommended by the House Committee will be separately addressed by the Finance Committee Chairman and the Executive Board. The House Committee Chairman shall be appointed by each succeeding Commander.

Article IX - DUTIES OF COMMITTEES

Section 1. Americanism Committee

The Americanism Committee shall be charge with the inspiration of patriotism and good citizenship by making arrangements for proper observances of patriotic occasions; encouraging patriotic and civil phases of instruction in schools; by supporting Americanization of aliens; by combating anti-American propaganda; by educating the general public in American ideals through public forums, etc., and by supporting activities for community and civil betterment. Additionally, this committee shall oversee the issuances of School and JROTC awards and shall make selections for Boys State as appropriate.

Section 2. Ceremonials Committee

The principal duty of the Ceremonial Committee is to ensure all new members are properly initiated. The committee shall also concern itself with proper presentation of other rituals outlined in the Manual of Ceremonies (i.e. burial details and other rituals).

Section 3. Children and Youth Committee

Shall be charged with aid and service to children of veterans, cooperating with other established agencies in the community; laboring for the betterment of conditions for the children of veterans and in assisting to coordinate services and utilize agencies in the community for the above purposes. This committee  acts as intermediary for the veteran’s child in need in obtaining the fulfillment of the Legion’s pledge that “no child of a war veteran shall be in need of the necessities of life” and “a square deal for every child.”

Section 4. Economic Committee

Post 35’s  Economic Committee is primarily concerned with local employment programs, Veterans’ preference, government employment and reemployment rights. 

Section 5. Finance Committee

The Finance Committee shall be charged with the administration of the financial policy, preparation of budget recommendations and supervision of receiving, disbursing and accounting of all the funds of Post 35.

Section 6. Foreign Relations

This committee has become active as America has recognized its responsibility as a world leader. Members of this committee shall support maintaining and securing world peace and friendship abroad through community endeavors that have become as essential as any aspect of treaty law. 

Section 7. Graves and Memorial Committee

The duties of this committee involve recording of grave sites and complete information on veterans’ burial in cemeteries assigned to Post 35. Special assistance can be given by the service officer in providing flags, headstones or proper interment in national cemeteries.

Section 8. House and Entertainment Committee

The House and Entertainment Committee works for the promotion of club advantages and assists in the arrangement of social activities. 

Section 9. Legislative Committee

The Legislative Committee needs to have a knowledge of what is going on in Congress with emphasis on what we favor or oppose and should be ready to initiate action in support of our position when requested by the National or Department organization.

Section 10. Membership Committee

The Membership Committee shall have charge of all matters pertaining to the membership of Post 35, including the procuring new members, reinstating current or lapsed members and verifying eligibility of members.

Section 11. Public Relations Committee

The Public Relations Committee shall be charged with the promotion of public support of the Legion’s programs by establishing proper contact with The American Legion Magazine, Department and national Legion news service and by local publicity of Post 35 programs and activities.

Section 12. Veterans Affairs and Rehabilitation Committee

The Veterans Affairs and Rehabilitation Committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or state government, employment, relief, etc.

Section 13. Security Committee

The Security Committee shall assist the Armed Forces of the United States in recruiting efforts and in every way be active in community activities for the defense of the nation and the security of the United States of America.

Article X - RESOLUTIONS

Section l. All properly passed resolutions of state or national scope presented to Post 35 by a member, or reported to Post 35 by a committee, shall represent the opinion of Post 35 on the subject, and a copy of same shall be forwarded to the Department Headquarters for its approval.

Article XI - POST MEETINGS

Section 1.  All Regular and Special meetings will be open to all members in good standing of Post 35.

Section 2.  The monthly Member meeting will commence at 7:00 p.m. on the third (3rd) Monday of each month at Post 35, or any other place specified by the Executive Committee. 

Section 3. The Executive Committee will meet at 6:00 p.m. on the second (2nd) Monday of each month at Post 35, or any other place specified by the Executive Committee. 

Section 4.  The Commander or the majority of the Executive Committee shall have the power to call a special meeting of Post 35 at any time.

Section 5. Upon written request of eight members, the Executive Committee shall call a special meeting of Post 35.

Section 6.  A quorum for Regular Business Meetings will consist of no less than eleven members, at least six of whom must be Post Officers. A quorum for Executive Committee Meetings will consist of no less than seven Executive Committee members.

Section 7.  The Officers will follow the American Legion Manual of Ceremonies while conducting Post 35 meetings and ceremonies.

Section 8. Officers of Post 35 should wear the American Legion uniforms at Post Meetings if possible.

Section 9. Eligible and Active members of this Legion are legal voting members. In order to vote, a member must show their current membership card and sign the official roster. Active is defined as having attended a minimum of four (4) member meetings during the previous twelve months. Exceptions to the minimum attendance requirement can be allowed for new members in the case of non-election voting, only.

Section 10. At all meetings, a sign-in sheet or roster will be used and shall be maintained for a minimum of 12 months. This record shall detail the member’s name and email address and is to be completed by their own hand.

Article XII - ELECTIONS AND TERMS OF OFFICE

Section 1. Names of the nominees will be presented to the floor at the March and April Regular Business Meetings. Nominations will be accepted from the floor at both nomination meetings. A person may be nominated for more than one office however the member must immediately choose which nomination for office they wish to accept.

Section 2. At a meeting of the Membership each year the Commander shall select members to serve on a Nominating Committee to research, seek out and nominate members to be officers the coming year. The Commander may not serve on this committee.

Section 3. At a meeting following their appointment the Chairman of the Nominating Committee shall announce to the membership the names of those vetted members who have self-nominated themselves. Further nominations may be made from the floor, provided the person being nominated is present and accepts the nomination, or a letter is presented on his behalf agreeing to the nomination. Members so nominated must be vetted before their name goes on the ballot.

Section 4. Any member of Post 35, in good standing, shall be allowed to vote during the time allocated for the election. Post membership records and persons familiar with them shall always be available during balloting to verify eligibility of members. The Judge Advocate shall make a final ruling on eligibility after consulting the records.

Section 5. The election shall be held during the May Regular Business Meeting. In no case will the election of officers occur less than 10 days, nor more than 90 days before the Annual Department Convention.

Section 6. The Post Adjutant shall post a cause notice of the annual election to be given at least two (2) weeks prior thereto, and results will be prominently displayed within Post 35.

Section 7. All officers of Post 35 except the Adjutant, Service Officer, and Judge Advocate shall be elected annually as directed by the Department Constitution and By- Laws. The Adjutant, Service Officer, and Judge Advocate shall be appointed by the Commander-Elect and shall be approved by Post 35 membership. All appointments and elections must be completed no later than 30 days prior to the convention.

Section 8. Officers will be elected one office at a time, in the order listed in Department By-Laws.

Section 9. Only members of Post 35, in good standing, shall be eligible to hold office for  Post 35. 

Section 10. In order to preserve any conflict of interest and/or time management, no related individuals (by birth, marriage, or by familial relationship) may hold officer or vice positions of Post 35, or any recognized family organizations of Post 35, during the same time period, without the permission of the Executive Committee.

Section 11. In order to preserve any conflict of interest and/or time management, no individual may hold more than one elected position of Post 35 and their recognized family organizations of Post 35, during the same time period, without the permission of the Executive Committee.

Section 12. For the convenience of the members, early voting will be held at the Post 35 home for 7 days prior to elections. Limited hours will be available to members to cast their vote during these 7 days. Early voting hours will be prominently posted. When an early voting ballot is issued, it must be immediately completed in the presence of an officer and turned in to him or her. The completed ballot shall be placed in a secure box/container and will be opened and counted at the election meeting. No ballots will be mailed.

Section 13. Balloting shall be under the supervision of the Judge Advocate, with such assistance as he or she shall require.

Article XIII:  ASSETS & LIABILITIES

Section 1. Post 35 shall not incur, or cause to be incurred, liability or obligations whatever shall subject to liability any other Post, subdivision, members of the American Legion or other individuals, corporations or organizations.

Section 2.  No member of Post 35, individually, as an Officer or otherwise, will at any time create, incur, or authorize any indebtedness or liability against Post 35 without the prior consent or authorization of Post 35’s membership or the Commander.

Section 3.  No property of Post 35 will be sold, transferred, conveyed, or otherwise disposed of without approval of the Executive Committee and Post 35’s membership. The Commander may at his or her sole discretion, dispose of non-functioning Post 35 equipment whose value does not exceed $200 per item.

Section 4.  The Commander may expend up to $200.00 for emergency aid of Post 35 members or their members' families without prior approval of the Executive Committee.

Section 5.  The Commander may expend funds, to address urgent matters, if necessary to protect, preserve, or secure Post 35 property. This action must be approved (by conference or individual calls) by at least a quorum of elected members of the Executive Committee, ratified at the next Executive Meeting, and presented at the next Membership Meeting.

Article XIV - INSTALLATION

Section 1. All Post Officers will be installed by the District Commander, or his designated representative. The installation will be on a date fixed by the Commander-Elect and agreeable to the outgoing Commander. This date will be subsequent to, but not later than sixty days after, adjournment of the Annual Department Convention.

Section 2. Newly elected officers and appointed officers will assume command immediately after the official installation ceremonies conducted in accordance with provisions of the current officers guide, National and/or Department By-Laws.

Section 3.  All elected and/or appointed Officers unable to attend the Official Installation will be sworn in by the Post Commander, or his designated representative, before entering upon their duties of Office.

Article XV - ANNUAL DUES

Section 1. The annual dues for Post 35 shall be determined by the Executive Committee using the following principles: 

• Amount of dues as assessed by State and National Requirements. 

• Capital necessary to support Post 35.

Section 2. A concise statement of the National policy with reference to delinquency of dues based upon the Constitution, By-Laws, National policy, and decisions of National Judge Advocates.

1. Post membership is annual, January 1st to December 31st. Dues for next year are payable on or before October 20th of the current year. 

2. If dues are not paid prior to January 1st, the member is classified as delinquent. 

3. If dues are still delinquent on February 1st, the member is suspended. A member has until June 30th to pay his back dues or be dropped from the roll by National Constitution mandate and his or her membership is terminated.

Article XVI - RULES OF ORDER

Section 1. All proceedings of Post 35 shall be conducted under and pursuant to Robert's Rules of Order, except as herein otherwise provided. This includes Legionnaire of the Year. He/She is responsible for the integrity and security of this process and has full accountability to all general members.

Section 2. Legionnaires of the Year will be selected from a board of past Legionnaires of the Year composed of general membership endorsements based on distinguished community service and honorable service to the American Legion, in written form. This selection process will be in the time frame of May of each year and conclude in June of the same year. The Chairman of this committee will be appointed by the Commander of Post 35.

Article XVII - AMENDMENTS

Section 1. These By-Laws may be amended in any regular meeting of Post 35 by a two-thirds majority vote of the membership present and voting, a quorum being present.

Section 2. Proposed Constitution amendments will be discussed at two consecutive regular meetings (hard copies will be available, upon request). After the second meeting, the amendment(s) will be voted upon. No motion will be accepted to delay, postpone, table, or otherwise kill any proposed amendment properly presented.

Article XVIII - RECORDS RETENTION & MAINTENANCE

Records retention is a policy document that defines an organization's legal and compliance recordkeeping requirements. Certain records shall be maintained in their original format even if they are transcribed for later usage. 

The following describes which records to archive and for how long.

• Meeting Sign-in Rosters shall be retained in their original form for 12 months.

  • These are generally paper forms that attending members sign during the beginning of each official meeting.

• Meeting minutes shall be retained in their original form for 18 months. 

  • Physical (paper, etc) or audio recording shall be archived.

• Voting documents, ballots, etc shall be retained for 18 months.

• The Constitution and By-laws of Post 35 and the affiliated organizations shall be reviewed and updated as needed every 3 years.

• Affiliated organizations of Post 35 shall provide a copy of their current Constitution and By-laws to the Post commander for storage.

Article XIV - RATIFIED AND ACCEPTED

Section 1. The Constitution and By-Laws of the American Legion Post 35, D‍ouglas V. Passen Memorial Post, is hereby constituted.  All amendments adopted by a membership vote at a regularly convened Post 35 meeting have been included in this revision as of 08/21/2023.

Article XX - DISTRIBUTION

Section 1. A copy of the Constitution and By-Laws shall be given to each member requesting a copy and a copy shall always be placed on the Post bulletin board and Post website, if possible.