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                                                                   Constitution

                                                                        and

                                                                     By-Laws

                                                                          Of

                                                             John T. Alexander

                                                             American Legion

                                                                     Post 17

                                                           Gallatin, Tennessee

                                                       Revised December 2005

 

                                                                 PREAMBLE

     For God and country, we associate ourselves together for the following purposes: To uphold and defend the construction 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 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 concentrate and sanctify our comrades hip by our devotion to mutual helpfulness.

 

                                                                     CONSTITUTION

 

                                                                    ARTICLE I

                                                                           NAME

Section 1.  The name of this organization shall be the John T. Alexander Post No. 17 the American Legion, Department of Tennessee.

 

Section  2.  The John T. Alexander  Post No. 17 Post Home shall be located in Gallatin, Sumner  County, Tennessee.

 

                                                                       ARTICLE  II

                                                                         OBJECTS

    Section 1.  The objects and purposes of the post shall be to promote the principles and polices as set forth in the forgoing preamble, and the national and department constitutions of the American Legions.

 

                                                                       ARTICLE  III

                                                                          NATURE

  Section 1.  This post is a civilian organization and membership therein does not affect or increase liability for military or police service.

  Section  2.  This organization 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 political office or preferment.

  Section 3.   Rank does not exist in the American Legion; no member shall be addressed by his military or naval title in any meeting of this post.

 

                                                                     ARTICLE  IV

                                                                    MEMBERSHIP

    Section 1.  Eligibility to membership in this post shall be as prescribed by the National Constitution of the American Legions.

   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 shall be acted upon at the next post meeting following the making of application and shall at such meeting be accepted, rejected or defered for further information and consideration . At the time of application a receipt will be issued for dues paid. No membership card will be issued  until appreciate is accepted. No rights, including voting, shall be bestowed upon applicant until accepted. If fifteen or more members cast their vote against appreciate then applicant shall not be reconsidered within six months of rejection.

  Section 4.   Any member of this post may be expelled for cause by two-thirds vote of the executive committee after charges are  preferred under oath in writing, and a fair trial had upon the same.

  Section 5.   A member who has been expelled or suspended from this post for any cause maybe reinstated to membership  by a two-thirds vote of the membership present in post meeting; provided, however, that he shall make payment of any arrears in his dues at the time of his expulsion or suspension and also other regular dues which have been payable in the interval between his expulsion or suspension and his reinstatement.

  Section 6.   No person who has been expelled by a post shall be admitted to membership in another post, without the consent of the expelling post, except there where such consent has been asked for and denied by such post, he may then appeal to the state executive committee of the department of the expelling post, and shall be ineligible for membership until such permission is granted.

 

                                                                      ARTICLE  V

                                                                      OFFICERS

  Section 1.   The administrative affairs of this post of the American Legion shall except as maybe otherwise provided by the post By-Laws be under the supervision of an Executive Committee which shall consist of 8 members in addition to the Commander and Adjutant. The term of office of the members of the Executive Committee shall be two members for three years, two members for two years, and one member for one year. The Finance officer, the First Vice Commander, and Second Vice Commander shall fill the remaining positions and shall be elected annually. The outgoing Commander may remain on the Executive Committee, may make and second motions and may also vote. A member may succeed himself if elected by the membership. The post Commander shall not vote unless there is a tie to resolve a motion nor make a motion according to Roberts Rules of Order.

Section 2.   The officers of this post shall be a commander, vice-commanders, an adjutant, a finance officer, a post historian, a post chaplain and a sergeant-at-arms, and such other officers as may be deemed necessary by this organization, who shall be nominated from the floor at the meeting preceding the annual election, or by a nominating committee along with the slate of prescribed officers.

Section 3.   All officers and Executive Committee for the expiring terms of the executive committee shall be elected annually and shall hold office until their successors are duly installed or as otherwise provided. Any officer or Executive Committeeman may be removed from office for inefficiency, insubordination, or misconduct. A two-thirds vote of said committee being necessary to effect removal.

Section 4.   Every member of this post in good standing shall be eligible to hold office in this post.

Section 5.   The duties of the officers and the executive committeemen shall be those usually appertaining to such officers or committeemen and as further provided in the By-Laws.

                                                                    ARTICLE VI

                                                                     FINANCE

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

Section 2.   The amount of such membership or initiation fees and the amount of such annual dues shall be fixed and determined by the post.

Section 3.   The post shall pay to departmental headquarters the national and department annual membership dues for every member of the post.

 

                                                                    ARTICLE VII

                                                               CHARTER MEMBERS

Section 1.   Members who joined this post prior to November 11, 1919 (or members who joined this post prior to the issuance of charter) shall be known as charter members.

 

                                                                  ARTICLE VIII

                                                   AMERICAN LEGION AUXILLARY

Section 1.   This post recognizes an auxiliary organization to be known as the Auxiliary Unit of John T. Alexander Post 17, The American Legion.

Section 2.   Membership in the Auxiliary shall as prescribed by the national constitution of The American Legion Auxiliary.

 

                                                                  ARTICLE IX

                                                                AMENDMENTS

Section 1.   this constitution is adopted subject to the provisions of the national constitution of The American Legion and the Department of Tennessee, The American Legion. Any amendment of said national constitution or department constitution which is in conflict with any provision hereof shall be regarded as automatically repealing or modifying the provisions of this constitution to the extent of such conflict.

members attending such regular meeting, providing that the proposed amendment shall have been submitted in writing and read at the next proceeding regular meeting of said post, and providing, further, that written notice shall have been given to all members at least fifteen days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the constitution is to be voted upon.

 

 

                                                                 BY-LAWS

                                                  JOHN T. ALEXANDER POST NO. 17

                                                             AMERICAN LEGION

                                        

                                                                    ARTICLE I

Section 1.   The post existing under these by-laws is to be known as John T. Alexander Post No. 17 The American Legion Department of Tennessee.

Section 2.   The objects of this post are set forth in the constitution.

 

                                                                  ARTICLE II

                                                                MANAGEMENT

Section 1.   The government and management of this post is entrusted to an executive committee.

Section 2.   The executive committee shall consist of 8 members in addition to the Commander and Adjutant as specified in the Post Constitution, Article V Section 1. All officers of the Post shall be elected annually on or about the first Monday of the month of April and take office at the next monthly meeting in May following the election. All election of officers and Executive Committeemen shall be by ballot cast personally at the time of the election and the candidates for offices other than the Executive Committee receiving a majority of the vote shall be elected to the respective office for which they are candidates. Candidates for the Executive Committee shall be elected by a plurality of the votes cast.

Section 3.   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 majority vote of the remaining members of the committee, and a person so appointed shall hold the office until the next annual election of the post officers. A vacancy shall exist when a member or officer is absent more than two consecutive meeting of the executive committee without proper notification and excuse by the Executive Committee chairman.

Section 4.  No officer or member of the post may serve as a employee of the post or the club unless approved by the Executive Committee.

                                                                   ARTICLE III

                                                      POST EXECUTIVE COMMITTEE

Section 1.   The post executive committee shall meet for organization and such other business as may come before it at the call of the post commander within ten days after the installation of the new officers.  Thereafter the post executive committee shall meet at the call of the commander at least every month and 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 or more members of said executive committee. Five members shall constitute a quorum thereof.                                       

Section 2.  The post executive committee shall authorize the hiring of such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of post funds; shall hear the reports of post committee chairmen; and generally, shall have charge of and be responsible for the management of the affairs of the post.

Section 3. The specific meeting date of the monthly meetings of the executive committee shall be established at the first meeting of the executive committee after the annual installation of new post officers.

                                                               ARTICLE IV

                                                           DUTIES OF OFFICERS

Section 1.  Duties of Post Commander.  It shall be the duty of the post commander to preside at all meetings of the post and to have general supervision of the business and affairs of the post, and such officers shall be the Chief Executive Officer of the post.  He shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the post for the year, and recommendation for the ensuing year, which shall be read at the annual meeting and a copy thereof immediately forwarded to the department adjutant.  He shall perform such other duties as directed by the post.

Section 2.  Duties of Vice Commanders.  A.  1st Vice Commander: Shall assume and discharge the duties of the office of commander I the absence or disability of, or when called upon by, the Post Commander.  It shall also be the duty of the first Vice Commander to assume responsibility for membership.  B.  Second Vice Commander:  He/she shall assist in the work of the Commander and First Vice Commander whenever or where ever called upon.  He shall have the responsibility of creating an atmosphere of Legionnaires having fun while doing the work of the Legion.  He shall assist the Commander by providing programs that spice up the monthly meetings and attract attendance.  One of his first duties shall be to contact other veteran and civic groups so that each patriotic holiday or observance receives the attention it deserves in the community he/she shall be concerned with the pageantry closely associated with the Legion.

Section 3.  Duties of the Post Adjutant.  The Adjutant shall have charge of and keep a full and correct record of all meetings, keep such records as the Department and National Organizations may require, render reports of membership annually or when called upon at a meeting, and under the direction of the Commander handle all correspondence of the post.  The Adjutant shall be responsible to certify the election of new officers annually.  He shall review the ballots, report, & tally sheets provided by the Election Committee chairmen and submit the results to the Department Adjutant using the report from supplied by the Department Adjutant using the report form supplied by the Department of Tennessee two weeks prior to the annual Department Convention.

Section 3.  Duties of the Post Adjutant.  The Adjutant shall 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, render reports of membership annually or when called upon at a meeting, and under the direction of the Commander handle all correspondence of the post.  The Adjutant shall be responsible to certify the election of new officers annually.  He shall review the ballots, report, & tally sheets provided by the Election Committee chairmen and submit the results to the Department Adjutant using the report form supplied by the Department of Tennessee two weeks prior to the annual Department Convention.

Section 4.  Duties of the Finance Officer.  The Finance Officer of the post shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall report once a month to the executive committee the condition of the finances of the post, which such recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the post.  He shall furnish such surety bond in such sum as shall be fixed by the post executive committee.

Section 5.  Post Chaplin.  The post chaplain shall be charged with the spiritual welfare of the post comrades and will offer divine but nonsectarian 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 6.  Duties of Sergeant-at-Arms.  The sergeant-at-arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to him by the post executive committee.

Section 7.  Historian.  In the event that a member cannot be found to appear on the annual election ballot, the newly elected commander shall appoint a Historian who shall be responsible to compile and annual pictorial yearbook/scrapbook, and/or narrative shall be submitted to the Department Adjutant by the deadline specified for the competition with the winner to be announced at the annual Department Convention.                                                

 

                                                                           ARTICLE V

                                                                          DELEGATES

Section 1.  Delegates and alternates to the annual department convention shall be elected by ballot or voice vote at a regular monthly meeting held at least 20 days prior to the date of the convention.  The department requires that a chairmen and secretary be elected at this meeting and volunteer delegates shall be accepted if approved by a majority of the members present.  The purpose of this delegation is to cast ballots for the Department Commander, Vice Commander, & etc. and to represent the post at the annual department convention.  The number of votes cast is based on the number of paid-up current members of the post.

Section 2.  The post Adjutant shall notify the Department Adjutant a list of delegates, the chairman and secretary to represent the post at the annual Department Convention using the form supplied by the Department.

                                                                       ARTICLE VI

                                                                        APPOINTMENTS

Section 1.  The post commander, subject to approval of the executive committee, immediately upon taking office each year, shall appoint the following standing committees:  Membership, house, finance, legal, publicity, service, visiting, Americanism, and athletic.  Such standing committees shall consist of such member, and the chairman thereof, as shall be designated by the post commander.

Section 2.  Membership Committee.  The membership committee shall have charge of all matters pertaining to the membership of the post, including the procuring of new members, reinstatement and eligibility of members.

Section 3.  House Committee.  The house committee shall supervise the operation of physical facilities of a post such as club room, American Legion center, meeting room, etc.  Supervision includes administration, responsibility for equipment, hiring and direction of employees, as authorized by the post executive committee, and general rules applicable to the conduct of members while on the premises of the post.

Section 4.  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 post funds.

Section 5.  Legal Committee.  The legal committee shall be headed by the Judge Advocate, shall by charged with the legal supervision of post affairs and audit of post accounts.  The Judge Advocate shall be appointed by the Post Commander.

Section 6.  Publicity Committee.  The publicity committee shall be charged with the promotion of public support of the legion’s program by the establishment of proper contact with the American Legion magazine, department and national Legion news service by local publicity of post program activities.

 

Section 7.  Rehabilitation and Service Committee.  The rehabilitation and service committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or state governments, employment, relief, etc.

Section 8.  Visiting Committee.  The visiting committee is charged with visiting and comforting of members and their families when sick or bereaved and with visiting ex-service men in nearby hospitals.

Section 9.  Americanism Committee.  The Americanism committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions; encouragement of patriotic and civic phases of instruction in schools; Americanization of aliens; combating anti-American propaganda, by education of the general public in American ideals through public forums, etc., and activities for community and civic betterment.

Section 10.  Athletic Committee.  The athletic committee shall be charged with the promotion of physical development and clean sports by the organization of post athletic teams, recreation, etc., and by cooperation and support in the general recreational and athletic program of the community.

Section11.  Disaster Relief Committee.  With the consent and advice of the constituted authorities a permanent post committee on home defense and disaster relief should be organized.

Section 12.  Sons of The American Legion Committee.  Shall have overseership of the operation of the post’s squadron of the Sons of The American Legion.

Section 13.  Child Welfare 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 child conditions and in coordinating services and agencies in coordinating services and agencies in the community for the above purposes.  To act as intermediary for the needy child of a veteran in obtaining the fulfillment of the Legion’s pledge that “no child of a World War veteran shall be in need of the necessities of life” and “a square deal for every child.”

Section 14.  Defense Committee.  Shall work with and co-ordinate Legion efforts with the Local Defense Council in matters pertaining to national, civilian and home defense.  To 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 American home.

                                                                       ARTICLE VII

                                                                     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 shall merely embody the opinion of this post on the subject and copy of same shall be forwarded to the department headquarters for its approval before any publicity is given or actioin other than mere passage by the post is taken.

                                                                       ARTICLE VIII

                                                                         MEETINGS

Section 1.  The regular meetings of the post shall be held in the Legion Hall on the Second Tuesday Night in each month at which may be transacted such business as may properly be brought up for action; such meetings may be converted into entertainment meetings, as may be deemed advisable by the officers of the post.

Section 2.  The post commander or a majority of the executive committee shall have power to call a special meeting of the post at any time.

Section 3.  Upon written request of 15 members, the committee shall call a special meeting of the post.

Section 4.  Fifteen members shall constitute a quorum.

                                                                       ARTICLE IX

                                                                         NOTICES

Section 1.  Every member shall furnish the post adjutant with his or her address for mailing purposes.

Section 2.  The post adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.  The notice may be included in the monthly Newsletter in March prior to the election held in April or by letter to the membership.

                                                                       ARTICLE  X

                                                                  RULES OF ORDER

Section 1.  All proceedings of this post shall be conducted under the pursuant to Roberts’ Rules of Order, except as herein otherwise provided.

                                                                      ARTICLE XI

                                                          LIMITATION OF LIABILITIES

Section1.  This post shall incur, or cause to be incurred, no liability, no obligations whatever which shall subject to liability any other post, subdivision, group of men, members of the American Legion, or other individuals, corporations or organizations.

                                                                     ARTICLE XII

                                                                OBSERVE THE LAW

Section 1.  This post shall at all times observe the established law of the nation, state, and community.

 

                                                                     ARTICLE XIII

                                                                    AMENDMENTS

Section 1.  These by-laws may be amended at any regular post meetings by a vote of two-thirds of the members of said post attending such regular meeting:  Provided that the proposed amendment shall have been submitted in writing and read at the next proceeding regular meeting of said Post:  and provided further, that written notice shall have been given to all members at least 15 days in advance of the date when such an amendment is to be voted upon, notifying said members that at such meetings a proposal to amend the by-laws is to be voted upon.

                                                                       ARTICLE XIV

                                                                        ELECTIONS

Section 1.  The Post Commander shall nominate a chairman of the nominations committee.  The commander shall not appoint the remainder of the committee nor be a member of it.  The Nominations Committee Chairman shall select the committee composed of at least 3 respected members at least one month before the first Monday in April.

Section 2.  The post commander shall appoint an Election Committee Chairmen at least one month before the first Monday in April.  The election committee chairman shall select a sufficient number of members to prepare the election ballot, tally sheets, the place of voting, obtain membership records and supervise the election.  Persons on the ballot shall not be a committee member.

Section 3.  Duties of the Nomination Committee.

  1. Canvas the membership and determine members desiring to be considered for election to each of the positions.  Officers shall be chosen for their ability to perform the work of the office and not because of their social prestige or desire for the office.
  2. Report to the post assembly at the March monthly meeting only those nominees approved by a majority vote of the committee.  Nominations from the floor are always in order after the nominations committee has reported.  A nomination is only a statement of preference and does not control the election in any way.
  3. After the nomination committee has made its report to the assembly at the March monthly meeting, it has completed its responsibility.

Section 4.  Duties of the Election Committee.

  1. An election ballot shall be prepared to include all persons nominated for each position to be elected submitted by the Nominations Committee and those nominated from the floor of the March monthly meeting with provisions provide for write-in votes.
  2. Tally sheets shall be prepared for recording the votes cast.  Spaces shall be provided to enter the total votes cast; the total votes for each person listed on the ballot, and the votes cast for each write-in.  (Refer to Officers Guide)
  3. Ballots shall be given to paid-up voting members only.  The identity of the voter shall not be indicated in any way because it is a secret vote.  The election committee has no authority to make any changes in the election ballot nor mark it in any way.
  4. Votes cast for each position shall be preserved in such a manner that if the election is questioned, the vote may be verified by a recount.
  5. The election committee chairman shall place the voted ballots packed together with the tally sheets and report signed by at least a majority of the committee and deliver the packet to the Post Adjutant.

Section 5.  Duties of the Post Adjutant.

  1. The post adjutant shall review the ballots, tally sheets and report in order to verify the results are satisfactory and/or recount the votes if necessary.
  2. He shall report his finding to the election committee chairman and post commander.
  3. He shall certify the election results and report the same to the Department Adjutant prior to the annual Department convention in June.
  4. The Adjutant shall then seal the election packet envelope and retain it in the post safe for a period of one year.  The sealed packet shall not be opened except by order of the assembly or Post Executive Committee for the purpose of verifying the vote or destroying the packet.

Section 6.  Duties of the Post Commander.

  1. Upon receipt of the results of the election from the election committee chairman and/or Post Adjutant, he shall announce the results of the election at the April monthly meeting.
  2. He shall announce the members of the Election Committee who signed the report.
  3. The out-going commander shall determine a Commander of the District or Department to install the newly elected officers at the May monthly meeting or prior to the annual Department Convention in June.

Section 7.  The newly elected officers shall be installed prior to the annual Department Convention in June.