American Legion Post 587 By-Laws

CONSTITUTION
WARREN McKEON POST 587
SEVENTH DISTRICT
DEPARTMENT OF CALIFORNIA
THE AMERICAN LEGION
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 one-hundred percent Americanism; to preserve the memories and incidents of our association in the Great Wars; to inculcate a sense of individual obligation to 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: Warren McKeon Post No. 587, Inc. , The American Legion, Department of California, and Seventh District, located at: 24601 Harrison Street, Foresthill, CA 95631, hereinafter referred to as Warren McKeon Post 587.

Article II – Objectives

Section 1. The purposes and objectives of this Post shall be to
promote the principles and policies as set forth in the foregoing preamble, and the articles of incorporation, and the National and Departmental Constitution of the American Legion.
Article III – Nature
Section 1. This Post shall be a civilian organization and membership there in does not affect or increase liability for military or police Service.
Section 2. This organization shall be nonpolitical 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.

Section 3. Rank does not exist in the Post; no member shall be addressed by his military or naval title in any meeting of this Post.
Section 4. Each member shall perform his full duty as a citizen and is encouraged to participate in the local, state, and federal political processes.
Article IV – Membership

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

Section 2. There shall be neither form nor class of membership except active membership.
Section 3. Candidates for membership shall make written application upon a form prescribed by the Executive Board of this Post; shall pay therewith the dues for the current fiscal year; and shall furnish official evidence of eligibility
Section 4. Any member of this Post may be expelled for cause by a two-thirds vote of the Executive Board after charges are preferred under oath in writing, and a fair trial has been had upon the same. Trials of such members shall be conducted in accordance with procedures specified in the By-Laws of this Post.
Section 5. Any member who is been expelled or suspended from this Post for any cause may be reinstated to membership by two – thirds vote of the membership present in a Post meeting, and the payment of current dues for the year in which the reinstatement occurs.
Section 6. 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 for and denied by such Post, he may then appeal to the Department Executive Board for permission to be admitted to membership in this Post. He shall be ineligible for membership until such permission is granted.

Article V – Officers

Section 1. The administration of this Post of the American Legion shall be under the supervision of an Executive Board, which shall consist of 4 members of an Executive Committee, in addition to the elected Officers of the Post named below. The members of the Executive Board both individually and collectively, shall have a fiduciary responsibility for the conduct of the business of this Post. This post, by its By-Laws may provide for such other standing committees is the business of the organization may require.

Section 2. The officers of this Post shall be the Commander, First vice Commander, Second Vice Commander, Adjutant, Finance Officer, Historian, Service Officer, Sergeant at arms, Assistant Sergeant-at-Arms, Chaplain, Judge Advocate, and the 4 members of the Executive Committee.

The elected Officers of the post shall be the Commander, First Vice commander, Second Vice Commander, Sergeant at Arms, and 4 members of the Executive Committee. Elected officers of the Post may be elected for successive one-year terms of office.

The Commander, upon his election and before assuming office, shall appoint the following Officers: Adjutant, Finance Officer, Judge Advocate, Historian, and Service Officer. The appointed Officers of the Post shall be appointed for a term of one year, and may be reappointed to the same office for successive one-year terms of office by the Post Commander.

Section 3. Nominations for elective offices and the members of the Executive Committee shall be made during the first regular meetings in April and May of each year.

Section 4. All elections shall be by a written secret ballot and a majority of all votes cast shall be necessary to elect the Commander and Vice Commanders. The other Officers and members of the Executive Board shall be elected by plurality vote. The elective Post Officers and members of the Executive Committee shall hold office until their successors are duly installed or is otherwise provided. All officers and Executive Board members shall be installed 12 days prior to department convention.

Section 5. Every member of this Post in good standing shall be eligible to hold office in this Post.

Section 6. In the duties of the Officers and Executive Committee shall be those usually assigned to such Officers as provided for in the By – Laws.

Section 7. Recall of Officers for cause shall be conducted in accordance with procedures specified in the By – Laws of this Post.

Article VI – Finance
Section 1. No appropriations, other than those required for ordinary and customary operation of the Post, shall be made without first referring the same to the general membership for approval.
Section 2. The revenue of this Post shall be derived from membership or initiation fees; from annual membership dues and from other sources as may be approved by the Post Executive Board.
Section 3. The amount of such membership or
Initiation fees and the amount of such Annual Post dues shall be fixed and determined by this Post.
Section 4. The Post shall pay to Department Headquarters the National and Departmental annual members’ dues for every member of the Post.
Section 5. The Post shall pay to the Seventh District the annual District Seven dues for every member of the Post as set forth in the Seventh District By-Laws.
Section 6. The Post fiscal year shall extend from July 1 to June 30 of the following year.

Article VII – The American Legion Auxiliary
Section l. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Warren McKeon Post 587, The American Legion, Department of California, and Seventh District.
Section 2. Membership in Auxiliary Unit 587 shall be as prescribed by the American Legion National Constitution and By – Laws, the Department of California and Seventh District Constitution and By – Laws.

Article VII – 1A – Sons of the American Legion
Section 1. The Post recognizes Sons of the American Legion Squadron of Warren McKeon Post 587, the American Legion, Department of California.
Section 2. The National American Legion By – Laws, shall prescribe membership in the Sons of the American Legion.

Article VIII – Amendments
Section 1. This Constitution is adopted subject to the provisions of the National Constitution of The American Legion and of the Department Constitution of the Department of California.
Any amendment to said National Constitution or Department Constitution, which is in conflict with any provisions hereof, should 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 by vote of two-thirds of the members of this Post attending such regular meeting, providing the proposed amendment shall have been submitted at the prior meeting of the Post, and, providing, further, notice shall have been given to all members at least ten days in advance of the date when such amendment is to be voted upon, notifying the Post members that at such meeting a proposal to amend the Constitution is to be voted upon.
Section 3. Proposed amendments to this Constitution shall be submitted for approval by the general membership and subsequently to Department of California with words to be deleted shown as strike- troughs and words to be added as boldface red type. Upon approval by the Department of California, strike-troughs shall be deleted and red bold-faced type shall be changed to normal black type.

Article IX – Notices
All written notices required by this Constitution may be made by email.

BY-LAWS
WARREN MCKEON POST 587
SEVENTH DISTRICT
DEPARTMENT OF CALIFORNIA
THE AMERICAN LEGION

Article I
Section 1. The Post existing under these By-Laws is to be known as Warren McKeon, Post 587, The American Legion, and Department of California.
Section 2. The objectives of this Post are set forth in the Post Constitution.
Article II – Meeting Procedures and Conduct
Section 1. Opening and closing of meetings, initiation of new members, and installation of officers shall be conducted as prescribed and approved by the National Convention of the American Legion in Kansas City in 1921 with subsequent amendments adopted and approved by later conventions.
Section 2. The following shall be a guideline for all regular meetings of this Post:
• Opening ceremonies
• Roll call of Officers to determine if quorum is present.
• Reading of the minutes of the previous meeting
• Introduction of guests and new members
• Reading of the report of the Executive Committee
• Voting on recommendations made by the Executive Committee.
• Nomination, election, or installation of Officers as prescribed in the Post Constitution and these By – Laws.
• Report of the Adjutant
• Report of the Finance Officer
• Report of the Service Officer
• Reports of Standing Committees
• Reports of the Special Committees
• Reading of communications and notices from outside the Post
• Sick call, relief and employment
• Unfinished business
• New business
• Good of the American Legion
• Closing ceremonies
Article III – Post Executive Board
Section 1. The Post Executive Board shall consist of the elected officers of this Post.
Section 2. Executive Board meetings shall be open to all members of the Post except in those cases where disciplinary matters are to be discussed, or the Chairman has declared the Executive Meeting closed. Only Executive Board members shall enter into discussions on matters before the Executive Board or vote on motions presented to the Executive Board.
Section 3. The Post Executive Board shall consider and recommend to the Post the authorization and approval of all expenditures; shall require adequate bonds from all persons having custody of Post funds; shall hear the reports of Post Committee chairs; and, generally, shall have charge of and be responsible for the management of the affairs this Post.

Section 4. The Post Executive Board shall consider and recommend to the Post the authorization and approval of all expenditures not budgeted or allowed for; shall require adequate bonds from all persons having custody of Post funds; shall hear the reports of Post Committee chairs; and generally, shall have charge of and be responsible for the management of the affairs of this Post.

Section 5. The four elected members of the Executive Committee shall be responsible for oversight and operations of the Post Clubhouse as directed by the Commander and the Post By-laws.
Section 6. The Post Executive Board shall meet prior to the regular scheduled monthly meeting or as directed by the Commander.
Article IV – Duties of Officers
Section 1. Duties of Post Commander – The Post Commander shall preside at all meetings of the Post, have administrative supervision over the business affairs of the Post, and shall be the Chief Executive Officer of the Post. The Commander 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 recommendations for the ensuing year, which shall be read at the first meeting of the Post new fiscal year. The Commander shall perform such other duties as directed by the Post.
Section 2. Duties of First Vice Commander -The First Vice Commander shall assume and discharge the duties of the Commander in the absence of, disability of, or when called upon by the Post Commander. He shall serve as Chairman of the Membership Committee.
Section 3. Duties of Second Vice Commander -The Second Vice Commander shall assume and discharge the duties of the First Vice Commander the absence of, disability of, or when called upon by the First Vice Commander and Serve as Chairman of Special Events and Fundraising.
Section 4. Duties of Post Adjutant – The Adjutant shall have charge of and keep a full and correct record of all proceedings at all meetings and under the direction of the Post Commander handle all correspondence of the Post.
Section 5. Duties of Finance Officer – The Finance Officer shall be charged with the custody of the funds of the Post. He shall keep the accounts and report on them at regular meetings of the Post. He shall receive all funds of the Post and pay all bills approved for payment. He shall be bonded under a blanket bond to be procured from the Department by the Post.
Section 6. Duties of Post Historian – The Post Historian shall be charged with the individual records and incidents of the Post and members, and shall perform such other duties as directed by the Commander or the Executive Board.
Section 7. Duties of Judge Advocate – The Judge Advocate shall advise the Post Commander on the interpretation of National, Department, District 7, and Post Constitutions and the By – Laws.
Section 8. Duties of Chaplain – The Chaplain shall be charged with the spiritual welfare for the members and will offer divine, nonsectarian service at dedications, funerals, and public functions, and adhere to the ceremonial rituals recommended by the National or Department of California.
Section 9. Duties of Sergeant at Arms – The Sergeant at Arms shall preserve order at all meetings and shall perform such other duties as assigned to him by the Commander or Post Executive Board.
Section 10. Duties of Assistant Sergeant at Arms – The Assistant Sergeant at Arms shall perform the duties of the Sergeant at Arms in the event the Sergeant at Arms is not present at Post meetings.
Section 11. Duties of Post Service Officer -The Post Service Officer shall keep the Post members informed on the status of the various matters, legislative and otherwise, in the field of veterans affairs, and shall provide advice and counsel to Post members as requested and required.
Article V – Delegates
Four delegates and two alternates to represent the Post at District Meetings and Department conventions shall be elected concurrently with the election of Post officers.
Article VI – Appointments
Section 1. The Post Commander, immediately upon taking office each year, shall appoint an Audit Committee, a Membership Committee, a Finance Committee, a Nominating Committee, and such other Committees as shall be found necessary. Standing Committees shall consist of such members as may be determined by the Post and the Post Commander thereof shall designate the Chairman.

Section 2. Audit Committee – The Post Finance Officer shall keep books of account. The Post Commander shall cause said books to be examined by a committee of three competent persons, none of whom shall be the Commander, Adjutant or Finance Officer, or any other person charged with the responsibility of handling Post funds.

Such examination shall be made within ninety days following installation of the Post Officers and for the period of the immediate preceding fiscal year of the Post. The Post shall certify to the Department Adjutant before December 1st of each year that such an examination has been made and file the original thereof with the Department Adjutant before the said date, with a copy thereof to the District 7 Commander. The Department Commander, the Post Commander or the Post Executive Board may order an audit of the Post books of account at such other times during the current year as may be deemed advisable.

Failure of the Post to meet any of the requirements of this section within said times or any general or special extension thereof, shall be deemed by Department and District 7 a delinquency, and the delegates of this Post may not be entitled to be accredited at the Department Convention. The certification to the Department Adjutant and the examination shall be put on forms furnished by the Department Adjutants office.
Section 3. Membership Committee – The Membership Committee shall have charge of all matters pertaining to the membership of the Post, including the recruitment of new members, reinstatement and eligibility of members, subject to approval by the Post. The Membership Committee shall provide all new members of this Post an information packet, the contents of which shall include, at a minimum, a copy of the Post Constitution and the Post By Laws.
Section 4. Finance Committee – The Finance Committee shall be charged with the administration of the financial policy, preparation of an annual budget with recommendations and supervision of receiving, disbursing and accounting of all Post funds. The annual budget shall be presented for approval to the Post membership by the Post Commander in his annual report to the Post at the first Post meeting of each fiscal year.
Section 5. Nominating Committee – The Nominating Committee shall be charged with nominating a qualified slate of officers and Executive Board candidates at the April meeting of each year. Such nominations shall not preclude further nominations from the Post membership.
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 approval before any publicity is given or action other than the mere passage by the Post is taken.

Article VIII – Meetings
Section 1. The business meeting of this Post shall be held on the first Wednesday of the month at the Veterans Memorial Hall, Foresthill, California, or a place to be designated by the membership. Social meetings are held on the remaining Wednesdays.
Section 2. The Post Commander or a majority of the Executive Board shall have power to call a special meeting at any time.
Sections 3. The Post may, at any meeting, consider and pass upon any matters here respective of whether such matters have been considered by the Executive Board.
Section 4. A quorum at all meetings shall consist of five Executive Board members.
Section 5. The Executive Board shall regularly meet at least once between meetings of the Post at a time and place designated by the Commander. Five shall constitute a quorum. The Board may hold such special meetings as the Commander may deem advisable, notice being sent to each member at least 3 days before the time of the meeting.
Section 6. No member not in good standing shall take part in any Post meeting or election.
Section 7. No member shall be represented or shall vote by proxy. There shall be no voting by absentee balloting.

Article IX – Notices
Section 1. Every member shall furnish the Post Adjutant with email and postal Addresses.
Section 2. All notices required by these By – Laws may be made via email. U.S. Mail shall notify those members without an email address.
Article X. Rules of Order
All proceedings of this Post shall be conducted under and pursuant to the current edition of Robert’s Rules of Order, except as herein otherwise provided.
Article XI . Dues, Fees, and Funds
Section 1. The annual dues, at a minimum, shall be equal to the per capita to the Department, National and District for the current year. Dues are payable in advance.
Section 2. Announcement of annual dues changes shall be sent to all members before a regular meeting and shall be read at two consecutive meetings. After the second reading of the revision, the proposed dues change may be adopted by a two-thirds affirmative vote of those present and voting.
Section 3. From such dues, fees, and other income sources approved by The Executive Board, the Post shall pay all per capita taxes or assessments and such other expenditures as the members may approve.
Section 4. A member whose dues for the current year have not been paid by January 1st shall be classed as delinquent. If his dues are paid on or before February 1st he shall be automatically reinstated. If he is still delinquent after February 1st, he shall be suspended from all privileges. If he is still under suspension on June 30th of such year, his membership shall be forfeited. The person whose membership was forfeited may be reinstated to active membership in good standing by majority vote of the Post, and payment of current dues for the year in which the reinstatement occurs.

Article XII – Limitations of Liabilities
This Post shall not incur, nor cause to be incurred any liability or obligations whatever, which shall subject to liability any other individuals, corporations or organizations.
Article XIII – Trials
Members of this Post shall be subject to disciplinary action as provided in the Trial Manual of the Department of California as adopted, and as the same may be amended from time to time hereafter. A copy of the verdict, certified by the Post Commander and the Post Adjutant shall forthwith be forwarded to the Department Adjutant.

Article XIV- Recall Provisions

Section 1. All Officers, including the Past Commander, can be recalled (relieved from responsibility and authority as an Executive Board member) by majority vote of the members in good standing present at a general meeting following the recall announcement at a previous general meeting. A petition signed by 10% of the members or by at least two thirds of all voting eligible elected Officers can initiate a recall. After the Executive Board receives the petition, the subject Officer must be notified and offered an opportunity to resign. If the Officer resigns, the recall is terminated. If the Officer does not resign, then the Executive Board must schedule a recall election at a general meeting. If the recall passes, the Officer is no longer on the Executive Board, and a search for replacement Officer commences. If the recall fails, the Officer retains the office. The Executive Board cannot obstruct a recall petition.
Section 2. All recall elections shall be conducted by a written secret ballot.
Article XV – Amendments

Section 1. Proposed amendments to these By-Laws shall be submitted in writing at a two consecutive regular meeting of the Post. Proposed amendments shall be shown by strikethroughs of text to be deleted and insertion or red bold-faced type of text to be added. At the next regular meeting, the proposed amendment may be adopted by a two-thirds vote of those present and voting.

Upon approval by the Post membership, the proposed By-Laws, with strike throughs and inserts shall be forwarded to Department for approval.
Upon approval by Department, the strikethrough shall be deleted and the bold-faced red type returned to normal black type.
Section 2. The Post Constitution and these By – Laws shall be reviewed and amended, if necessary, at a minimum of every five years following initial adoption.
Section 3. These By-Laws shall be amended to conform to any changes in the National, Department or District Constitutions and By -Laws. Failure of the Post to adopt the required amendments shall not delay or modify the effect of such changes. Any amendment initiated by the Post shall not be effective until approved by the Constitution and By-Laws Commission of the Department.

CERTIFICATION
The signatures of the Commander and Adjutant, below, certify to the following:
“We hereby certify that the above By-Laws were presented at two meetings and adopted on________________________ a quorum being present and by two – thirds vote of those present and voting”.
1st presentation_____________________________________

2nd presentation and adoption__________________________

Signed____________________________________________ Post Commander

Signed:____________________________________________ Post Adjutant
Similar certification in the event of any subsequent amendments is required.
(This Constitution in these By-Laws or any amendments thereto must be sent in duplicate to Department headquarters, as one copy is kept by the Department Headquarters for the Post files, and the original returned to the Post for their files, after having been approved by the Constitution and By-Laws Commission)

ARTICLES OF INCORPORATION FOR THIS POST ARE ON FILE WITH THE SECRETARY OF STATE. STATE OF CALIFORNIA UNDER THE DATE OF___________________
CORPORATE NUMBER # 274463
WARREN McKEON POST 587

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