Constitution

 

 

ARTICLE I     NAME

Section 1.

 

 

The name of this organization shall be the Joseph Loeffler Post #1006 Inc. of the American Legion, Dept. of N.Y. Suffolk County.

 

 

ARTICLE II     NATURE

Section 1.

 

 

This post is a civilian organization; membership therein does not effect nor increase liability for military or police service. Rank does not exist in the legion; no member shall be addressed by his military or naval title in any conversation or meeting of the legion.

 

Section 2.

 

The American Legion shall be absolutely non-political and non-sectarian and shall not be used for the dissemination of partisan principles, nor for the promotion of candidacy of any person seeking public office or preferment. No candidate for, or incumbent of, a remunerative elective office shall hold office in this Post; provided that members of Post, department or national shall not be affected.

 

Section 3.

 

Each member shall perform his full duty as citizen according to his own conscience and understanding.

 

 

ARTICLE III     OBJECTS

Section 1.

 

 

The objects and purposes of this Post shall be promotion of its principles as set forth in the preamble of the Post, State and National Constitutions.

 

 

ARTICLE IV     ELIGIBILITY

Section 1.

 

 

Any person shall be eligible for membership in the American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and assigned to active duty at some time during any of the following periods: April 6, 1917 to November 11, 1918: December 7, 1941 to December 31, 1946: June 25, 1950 to January 31, 1955: December 22, 1961 to May 7, 1975: August 24, 1972 to July 31, 1984: December 20, 1989 to January 31, 1990: August 2, 1990 to present time of this printing, all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served on active duty in the armed services of any of the governments associated with the United States during any of the said periods; provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.

 

Section 2.

 

No person shall be a member of this Post and at the same time be a member of any other Post.

 

Section 3.

 

No person who has been expelled by any 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 then may 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 permission is granted.

 

Section 4.

 

All applications for membership shall be made in writing and shall be accompanied by the membership fee and verification of discharge.

 

Section 5.

 

A membership committee of three, Commander, Membership Chairman and one other member, shall check application and discharge and if the applicant is eligible, shall recommend acceptance to the post. The Commander shall ask for vote of approval from the membership.

 

 

ARTICLE V     OFFICERS-ELECTIONS-REMOVAL

Section 1.

 

 

The members present at the annual meeting to be held at the meeting in April, shall elect a Post Commander, Three Vice Commanders, Treasurer, Adjutant, Chaplain, Sgt. At Arms and Historian.

 

Section 2.

 

Such Officers shall take office immediately upon installation and shall serve for one year, provided that such term of office for any officers or officer may be terminated by resignation or removal for causes hereinafter provided.

 

Section 3.

 

If a vacancy occurs in the office of the Commander, an emergency meeting shall be called by the Executive Committee and they shall appoint one of the three Vice Commanders as acting Commander until the next regular Post meeting when nominations will be in order. Nominations shall be limited to the three Vice Commanders: elections shall be held at the regular meeting following nominations and decided by a majority vote of the members present.

 

Section 4.

 

The absence of any elected officer from more than three consecutive Post meeting a year for any cause other than illness, death in family or leave of absence granted by a vote of the membership at a regular Post meeting, shall be an automatic cause for a vacancy to occur.

 

Section 5.

 

Impeachment proceedings shall be followed as outlined by the department of the State of New York.

 

Section 6.

 

All newly elected Post Officers, Officers of the Board of Directors, appointed officers and officers elected to fill a vacancy will produce their DD214 or Honorable Discharge, providing said discharge contains all required service information neccessary to verify eligibility as stated in Article IV, Section 1 of the Post Constitution, to the Adjutant within 10 days of their election or appointment, so that the adjutant can certify same.

 

 

ARTICLE VI     FINANCE

Section 1.

 

 

The revenue of this post shall be derived from the payment of dues, and from other sources as are approved by the majority of members present at any regular meeting.

 

Section 2.

 

This post shall pay the National and Department dues for all members.

 

 

ARTICLE VII     AMERICAN LEGION AUXILIARY

Section 1.

 

 

Joseph Loeffler Post #1006 Inc., American Legion recongnizes an Auxiliary organization known as "The American Legion Auxiliary of the Joseph Loeffler Post #1006., American Legion."

 

 

ARTICLE VIII     SONS OF THE AMERICAN LEGION

Section 1.

 

 

Joseph Loeffler Post #1006 Inc., American Legion recognizes the Sons of the American Legion organization known as "Sons of the American Legion of the Joseph Loeffler Post #1006, Inc., American Legion".

 

 

ARTICLE IX     AMENDMENTS

Section 1.

 

 

This constitution is adopted subject to the constitution of the National organization and the constitution of the Department of New York, and the constitution of the Suffolk County organization.

 

Section 2.

 

Any further amendments to the National, Department or County constitution shall automatically cause this constitution to be amended to conform thereto. Such amendments shall be made by the Post.

 

Section 3.

 

This constitution and By-Laws accompanying the same may be amended at any regular meeting by a vote of two-thirds of the members, in good standing, and attending such regular meeting. Provided that written notice shall be given to all members in good standing at least five days in advance of the date, time and place when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend this constitution and By-Laws is to be voted on.

 

     The forgoing Constitution and By-Laws has been updated to include all revisions to the Constitution and By-Laws approved on 19, Feb. 1975, as approved by committee and membership. Includes all revisions up to 7, Feb. 2008. Approved by W. Patrick Falvey, Department Chairman of Constitutuon and By-Laws Committee.

 

 

By-Laws

 

 

ARTICLE I     GOVERNMENT

Section 1.

 

 

The Government of this post shall be it's members.

 

Section 2.

 

The Executive Committee shall consist of duly elected officers, the Board of Directors and active Past Commanders.

 

Section 3.

 

Each member in good standing shall have one vote. Only members in good standing shall be eligible to vote at a Post election or be eligible for election to office.

 

Section 4.

 

Special elections to fill vacancies shall be held in accordance with Article V, Section 3, of the Constitution.

 

 

ARTICLE II     DUTIES OF OFFICERS

Section 1.

 

 

The Commander shall preside at all meetings of the Post and shall have general supervision over all business sffairs of the Post. He shall be Chief Executive Officer of the Post for one year, and shall make reccomendations for the ensuing year.

 

Section 1A.

 

The amount of the Post Commander's expense account shall be $1,000.00 per year, and shall remain in effect for each following Commander, until amended by the Post membership at a regular Post meeting.

 

Section 2.

 

The Commander shall be a member of the Board of Directors without power to vote during his term of office.

 

Section 3.

 

When the Commander is absent, he shall select a Vice Commander to assume his duties until he returns.

 

Section 4.

 

The duties and chairmanships of all Vice Commanders shall be assigned by the Commander.

 

Section 5.

 

The Adjutant shall have charge of all meeting minutes and all correspondence and records of the Post. The Adjutant shall keep record of all officers at each regular meeting.

 

Section 6.

 

The Treasurer shall be charged with the custody of funds in the general fund and the savings account, deposit them in a local bank in the name of the Post and report monthly the true condition of the Post treasury. He shall co-sign with the Commander for any disbursements for $250.00 or over. He shall be covered by a bond as provided by Article XIII of the Department By-Laws.

 

Section 7.

 

The Chaplain shall perform such divine and non-sectarian services as may be deemed necessary, adhering to such ceremonial rituals as may be recommended by National and Department Headquarters.

 

Section 8.

 

The Sergeant-at-Arms shall preserve order at all times at Post meetings, and shall perform such duties as may be requested by the Commander. And also such duties as may be mentioned in the American Legion manual.

 

Section 9.

 

The Historian shall keep a history of the Post events.

 

Section 10.

 

The Board of Directors shall be responsible for the maintenance, upkeep and care the building and grounds. They shall be reponsible to the Post for the caretaker or other persons employed on or about the premises.

 

Section 10A.

 

Duties of the Board of Directors; to manage and operate the premises in so far as it relates to the use of the main hall and bar. They shall have full authority for the use of the building for any and all affairs except regular meetings of the Post. They shall draw up a set of House Rules and submit them at a regular meeting of the Post for approval and adoption. They shall be solely responsible for their enforcement. They shall render a report monthly in writing showing profit and loss for the previous months' operation. They shall create one special fund and make one separate bank account and pay all bills incurred by them. They shall turn over to the Post, monthly monies that are in excess of operating expenses.The Board of Directors books shall be audited semiannually. They shall have the power to order minor repairs and to purchase supplies for the Post to the sum of $1,000.00 for any item. Any repairs or supplies exceeding this amount must be authorized by the Post.

 

Section 10B.

 

The Board of Directors shall be reponsible for all expenses incurred on the building of the Joseph Loeffler Post #1006,Inc.

 

 

ARTICLE III     DELEGATES TO THE COUNTY CONVENTION

Section 1.

 

 

The delegates to the annual Suffolk County Convention shall be elected together with the alternates at a regular meeting at least 10 days prior to the County Convention and shall serve for one year.

 

 

ARTICLE IV     APPOINTED OFFICERS

Section 1.

 

 

The Post Commander shall appoint such special officers and committees necessary to conduct Post activities or as may be authorized by members in regular or special meetings. Such appointments shall be subject to ratification at a regualr meeting.

 

Section 2.

 

He may remove such appointees. These officers shall act as chairman of their respective committees and shall have the power to appoint members of their committees.

 

 

Section 3.

 

All appointments shall terminate with the close of the Commanders' term of office, unless termination prior to that time by resignation or removal.

 

Section 4.

 

The Post Commander shall be exofficio member of all committees.

 

Section 5.

 

Each committee chairman must present a complete written fiscal report of the activities of his committee, and same to be presented at the meeting proceeding the final meeting wherein the Commander of that year presides.

 

Section 6.

 

Appointed Officers are subject to verification of eligibility as required by Article V, Section 6 of the Constitution.

 

 

ARTICLE V     ELIMINATION OF JURISDICTION OF POST AND POST MEMBERS

Section 1.

 

 

No individual Legionnaire, unless specifically previously authorized by proper body, shall have the right to speak in the name of the American Legion, Departmemnt of New York, Suffolk County or his Post. His individual action is full and unhampered, being that of an American Citizen, but shall not represent such actions to be that of the Legion Organization.

 

Section 2.

 

This Post shall not act on matters pertaining to territory or people outside the community of Brentwood. If and when the Post becomes active on matters more extensive than that of Post jurisdiction, such Post pronouncement and acivity shall be in accord with the previously determined polices of the state and National Organizations, and shall be referred through the Suffolk County Committee for action.

 

Section 3.

 

Failure of any Legionnaire to observe the principles set forth in this article shall be sufficient for investigation and disciplinary action of the Post.

 

Section 4.

 

Members may be suspended or expelled from the Legion only upon a proper showing of cause. Charges must be based upon disloyalty, neglect of duty, dishonesty or other conduct unbecoming a member of the American Legion. All charges must be made in writing under oath by the accuser, and no member in good standing shall lose his membership until given a fair trial in such manner and form as the Department Executive Committee shall prescribe.

 

 

ARTICLE VI     MEETINGS

Section 1.

 

 

Regular meetings of this Post shall be held on the second Friday in each month at 7:30 P.M. Such meetings are for transacting Post business but may be converted for entertainment at the discretion of the Post.

 

Section 2.

 

Special meetings may be called upon written request of ten members or at the discretion of the Commander in an emergency. Notice of special meeting shall be mailed by the adjutant to each member in good standing.

 

Section 3.

 

Ten members excluding the Commander constitute a quorum.

 

 

ARTICLE VIII     FUNDS

Section 1.

 

 

All monies received from any source, except dues shall be allocated as follows; 10% to Hospital and Welfare fund, all monies over $400.00 in the general fund to be deposited in the building fund.

 

Section 2.

 

All proceeds remaining from Post dues after remittance to County shall be deposited in the General Fund.

 

 

ARTICLE IX     DUES

Section 1.

 

 

The dues of this Post shall be $39.50 a year, until amended by the Post membership at a regular Post meeting.

 

Section 2.

 

The dues of this Post shall become due and payable in advance of October 20th of each year.

 

Section 3.

 

The Post shall have the power to issue a membership card to accommodate such members as may be temporarily embarrassed or may be permanently incapacitated by reason of ill health.

 

 

ARTICLE X     RULES OF ORDER

Section 1.

 

 

All meetings shall be conducted under Roberts Rules of Order, Revised, except herein otherwise provided.

 

 

ARTICLE XI     RESOLUTIONS

Section 1.

 

 

All resolutions of County, State, or National scope adopted by this Post shall be forwarded to the County Executive Committee and shall merely embody the opinion of this Post on the subject.

 

Section 2.

 

No resolution shall be presented to the County until it has been submitted to the Post in writing for approval, revision and recommendations.

 



The foregoing Constitution and By-laws has been updated to include all revisions to the Constitutiion and By-Laws approved on 19, Feb. 1975, as approved by committee and membership. Includes all revisions up to 7, Feb. 2008. Approved by W. Patrick Falvey, Department Chairman of Constitution and By-Laws Committee.

 

 

RESOLUTIONS

"RESOLVED" By Post #1006, the American Legion, Department of New York, in a regular meeting assembled in Post hall, April 11, 1975. The members present at the annual meeting to be held in May, shall elect a Post Commnader, three Vice Commanders, Treasurer, Adjutant, Chaplain, Sgt-at-Arms and Historian, and so be it.

 

 

"FURTHER RESOLVED" that the Board of Directors shall consist of seven members elected annually to serve a three year term, vacansies shall be filled as the need arises; no more than three shall be elected during any given election; nominations for Board of Directors shall open at meeting in August. Elections will be held at meeting in October. Five members shall constitute a quorum; and so be it.

"FURTHER RESOLVED" that the candidates for Post elected officers shall be nominated at the February and March meetings. Elections will be held at the April meeting, with the installation of Officers in May, and in between the election in April and the installation in May, each outgoing Officer shall provide training and a turnover to the duly elected Officer, and so be it.

"FURTHER RESOLVED" the Commander will appoint a Three Member Screening Committee for all monetary expenditures from the floor. After reviewing all such expenditures, the committee will make it's recommendations known to the Commander, who shall forward such recommendations to the membership for action, and so be it.

"FURTHER RESOLVED" No member shall hold the position of Board of Director until such member has held a Post Officer position for a minimum of one full term, and so be it.

"FINALLY RESOLVED" that the delegates to the annual State Convention shall be determined by the members submitting their names to the Commander to be sent to the County Convention for approval at the meeting in May. Expenses awarded shall be decided upon by the Post membership in its regular or special meetings. Said expenses shall be awarded to only those delegates and alternates who attend at least three Department meetings at the Convention.



The foregoing resolutions are standing resolutions as approved July 1997, and so entered by the Post Judge advocate, Dominick Scalato.

 

 


 

 



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