POST 248 CONSTITUTION & BY-LAWS
CONSTITUTION & BY-LAWS
(As Revised March 2, 2022)
Plain City Post No. 248
Department of Ohio The American Legion
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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 per cent 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 good will 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 Plain City Post No. 248, Inc.
Article II – Objectives
Section 1. The objectives and purposes 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. 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 public office or preferment. 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 his military or naval title in any meeting of this post.
Article III – Mission Statement. Plain City American Legion Post
Be a value-based organization committed to serving God, country, community, and every veteran.
Support our National, State, and District Legions and their programs.
Respond to quality-of-life needs of all veterans and their families.
Maintain a strong national defense.
Perpetuate the principles of government embodied in the United States Constitution.
Be the shepherd of patriotism in our community.
Prepare each generation to meet its citizenship obligations.
Honor yesterday’s sacrifice, aid in today’s needs and prepare for what tomorrow brings.
Article IV – Membership
Section 1. Eligibility to membership in this post shall be as prescribed by the National Constitution of The American Legion.
Section 2. [Step One] Applications for membership of persons not previously members of The American Legion and/or of this post, shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Committee.
Section 3. [Step Two] All such application for membership shall be approved by the executive committee and acted upon at the next regular post meeting following the making of such application, and shall, at such meeting, be accepted, rejected, or referred for further investigation and consideration. If a majority of the members cast a written or oral vote against the acceptance of any application referred to in Section 2, then such application shall be recorded as rejected. A rejected application shall not again be considered until after the expiration of six months from the date of such rejection.
Section 4. When charges are preferred against a member of the Post or officer thereof, the Executive Committee of the Post shall appoint a trial board consisting of not less than five (5) nor more than seven (7) members in good standing in The American Legion, Department of Ohio, within five (5) days from and after the filing of written charges against the accused. Said trial board shall commence the taking of testimony on said charge within ten (10) days after its appointment. The decision of the trial board which may be an acquittal, reprimand, removal from office, suspension, or expulsion, shall be reported to the Post forthwith and acted upon by the Post at its next regular meeting. The Post excepting in the case of an acquittal by the trial board, may affirm, modify or reverse the findings and sentence of the trial board. If the Post suspends or expels the accused, or removes him/her from office, if he/she be an officer, he/she may appeal such decision to the Department Executive Committee which shall hear and determine the issue at its meeting next following the action of the Post. The Department Executive Committee shall conduct its hearings upon the transcribed testimony heard by the trial board, or oral testimony, or both. The decision of the Department Executive Committee shall be final, if appeal to it be made; otherwise the decision of the Post shall be final. The Post Executive Committee shall appoint a member or members of the Post to prosecute the charges and the person or by counsel of his/her own choosing.
Section 5. A member who has been expelled or suspended from this post for any cause may be reinstated to membership by a two-thirds (2/3) vote of the membership present at a post meeting; provided, however, that the member shall make payment of any arrears in the member’s dues at the time of the expulsion or suspension, and also other regular dues which have been payable in the interval between the member’s expulsion or suspension and the member’s 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 that where such consent has been asked for and denied by such post, the member may then appeal to the state executive committee of the department of the expelling post for permission to apply for membership in another post and shall be ineligible for membership until such permission is granted.
Section 7. Membership in the Legion and this post is annual and co-incidental with the calendar year. However, dues shall be considered due on and after October 1 preceding the calendar year.
Section 8. If a member’s dues are not paid in advance by January 1 of each calendar year, the member shall continue to be a member in good standing until February 1; and thereafter for two (2) months (February and March), the member shall be classed as delinquent. If dues have not been paid by April 1, members are suspended, but nevertheless members with no privileges except that of reinstatement in the post by the payment of dues; and dues not being paid, such membership continues for a period of nine months, to December 31, at which time the member is dropped from the roll by constitutional mandate and the membership is forfeited.
Section 9. Transfers from this post to any other post shall be available only to members whose dues are paid at the time of transfer.
Section 10. When a member is received by transfer, the post shall recognize the fact of dues having been paid to the post from which the transfer is effected and shall make no change therefore, excepting only if the dues of this post are in excess of those from which the transfer comes; then this post may collect from the transferring member the excess dues pro-rated from the date of the acceptance of said transfer to the end of the current year.
Article V – Officers
Section 1. The administrative affairs of this post of The American Legion shall except as may be otherwise provided by the by-laws, be under the supervision of an Executive Committee which shall consist of three (3) active members in addition to the officers of the post. The term of office of the members of the executive committee shall be for one year. This post, by its by-laws, may provide for such other standing committees as the business of the organization may require.
Section 2. The officers of this post shall be a commander, a first vice-commander, a second vice-commander, an adjutant, a finance officer, a post historian and a post chaplain, a service officer, and a sergeant-at-arms and such other officers as may be deemed necessary by this organization, who shall be nominated at the meeting preceding the annual election.
Section 3. All officers and executive committeemen shall be elected annually, and they shall hold office until their successors are duly installed or as otherwise provided. Any officer or executive committeeman may be removed for inefficiency by the executive committee, a two-thirds (2/3) vote of said committee being necessary to effect such 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 officers and the executive committeemen shall be those usually appertaining to such officers and committeemen and as further provided in the by-laws.
Article VI – Finance
Section 1. The revenue of this post shall be derived from membership 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 fees and the amount of such annual post dues shall be fixed and determined by this post at a regularly called meeting.
Article VII – 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 Ohio, The American Legion. Any amendment to said national constitution or department constitution which is in 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 by a vote or two-thirds (2/3) of the members of said post attending such a regular meeting, providing that the proposed amendment shall have been submitted in writing and be read at the next preceding regular meeting of said post, and providing, at least five (5) 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
Article I – Name
Section 1. The post existing under these by-laws is known as Plain City Post 248, The American Legion, Department of Ohio.
Section 2. The objectives of this post are as set forth in the constitution.
Article II – Management
Section 1. The government and management of the post is entrusted to an Executive Committee.
Section 2. The executive committee shall consist of all elected officers in the post and shall be elected annually in April and take office at the next meeting following that of the election. All elections of officers and executive committee members shall be by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates.
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 office for the unexpired term of the member of the committee or officer whom he/she succeeds. A vacancy shall exist when a member or officer is absent from his/her post for a continuous period considered detrimental to the interest of the post 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 (10) days after the installation of the new officers. Thereafter the post executive committee shall meet at the call of the commander at least monthly 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 post executive committee, five (5) members of the committee shall constitute a quorum thereof.
Section 2. The post executive committee shall hire 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 chairpersons; and generally, shall have charge of and be responsible for the management of the affairs of this post. All bonds shall be paid for by the Post.
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 over the business and affairs of the post, and such officer shall be the chief executive officer of the post. He/She 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 annual meeting and a copy thereof immediately forwarded to the department adjutant. He/She shall perform such other duties as directed by the post.
Section 2. Duties of Vice Commander. The vice-commander shall assume and discharge the duties of the office of commander in the absence or disability of, or when called upon by, the post commander. He/She shall be chairman of the membership committee.
Section 3. Duties of 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 require, render reports of membership annually or when called upon at a meeting, and under direction of the commander handle all correspondence of the post. He/She shall be chairman of the house committee.
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 in writing, once each month, to the executive committee the condition of the finances of the post with such recommendations as he/she may deem expedient or necessary for raising funds with which to carry on the activities of the post. He/She, or other designated signatories, shall sign all checks disbursing the monies of the post. All checks will require two signatures. He/She, or other designated signatories, shall furnish all checks disbursing the monies of the post. He/She, or other designated signatories, may furnish such surety bond in such sum as shall be fixed by the post executive committee. He/She shall be chairman of the finance committee.
Section 5. Duties of Post Historian. The post historian shall be charged with the individual records and incidents of the post and post members and shall perform such other duties as may properly pertain to the office as may be determined by the post or the executive committee. He/She shall be chairman of the public relations committee.
Section 6. Duties of Post Chaplain. The post chaplain shall be charged with the spiritual welfare of the post comrades and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc; adhering to such ceremonial rituals as are recommended by the national or department headquarters from time to time. He/She shall be chairman of the visiting committee and may act as chairperson of the Americanism committee.
Section 7. 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 8. Duties of the Service Officer. It shall be the duty of the service officer, as chairman of the Rehabilitation and Service Committee, to 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 9. Duties of 2nd Vice Commander. Should the post elect a second vice-commander, he/she shall, when necessary, assume the duties of the first vice-commander. As chairperson of the Legal committee, he/she shall be charged with the legal supervision of post affairs and the audit of post financial accounts.
Article V – Delegates
Section 1. Delegates and alternates to a department convention shall be appointed by the Commander at least twenty (20) days prior to the date of such convention.
Article VI – Appointments
Section 1. The post commander, immediately upon taking office each year, may appoint the following standing committees: Membership, House, Finance, Legal, Public Relations, Rehabilitation and Service, Visiting, Americanism, and Athletic. Such standing committees may consist of such members and the chairperson thereof, as shall be designated by the post commander. Other special committees may be appointed as the necessity may require.
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. The first vice-commander shall be chairperson of the committee.
Section 3. House and Entertainment Committee. The house and entertainment committee shall have charge of all matters pertaining to social activities. The adjutant shall be chairman of the committee.
Section 4. Legal Committee. The legal committee shall be charged with the legal supervision of post affairs and the audit of post financial accounts. If the post has a second vice-commander, he/she shall act as chairperson of the committee.
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 post funds. The Finance Officer shall be chairperson of the finance committee.
Section 6. Public Relations Committee. The public relations committee shall be charged with the promotion of public support of the Legion program by the establishment of proper contact with The American Legion Magazine, department and national Legion news service and by local publicity of post program and activities. The adjutant should be a member ex-officio of this committee of which the post historian may serve as chairperson.
Section 7. Visiting Committee. The Visiting Committee is charged with the visiting and comforting of members and their families when sick or bereaved and with visiting ex-service men and women in nearby hospitals. The post chaplain shall be chairperson of the visiting committee.
Section 8. Americanism Committee. The Americanism committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for the 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. The post chaplain may also be chairperson of the Americanism committee and the post historian may be a member of the same.
Article VII -- Resolutions
Section 1. All resolutions of state and 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 action other than mere passage by the post is taken.
Article VIII – Meetings
Section 1. The regular meetings of the post shall be held at the club rooms on the first Wednesday of each month at which time 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 the written request of ten (10) members, the committee shall call a special meeting of the post.
Section 4. – Six (6) members shall constitute a quorum.
Article IX – Notices
Section 1. Every member shall furnish the post adjutant with his or her correct address for mailing purposes.
Section 2. The post adjutant shall cause notice of the annual election to be given at least two (2) weeks prior thereto.
Article X – Dues and Assessments
Section 1. Annual dues shall be in the amount fixed at the first regular meeting of the post to be held after the annual elections. Such dues shall not be changed during the year following without all members being given a notice of the proposed change at least five (5) days in advance of the date upon which such change is to be voted upon.
Section 2. Assessments shall not be levied unless approved at a regular post meeting, notice of said meeting and proposed assessments having been given in writing to all members at least five (5) days in advance of the date of such meeting.
Article XI – Limitations of Liabilities
Section 1. This post shall incur, or cause to be incurred, no liability nor obligations whatsoever 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 – Amendments
Section 1. These by-laws may be amended at any regular post meeting by a vote of two-thirds (2/3) 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 preceding regular meeting of said post; and provided, further, that written notice shall have been given to all members at least five (5) days in advance of that date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the by-laws is to be voted upon.
This Constitution was adopted and ordered prepared for distribution at a regular meeting of Plain City Post 248, held January 13, 1947.
W. R. Rings, Post Adjutant.
This Constitution and By Laws was amended and ordered prepared for distribution at a regular meeting of Plain City Post 248, held July 1, 2009
Bernard E. Vance, Chairman, Constitution and By Laws
Revision Committee
This Constitution and By Laws was amended and ordered prepared for distribution at a regular meeting of Plain City Post 248, held May 5, 2021.
This Constitution and By Laws was amended, approved and ordered prepared for distribution at a regular meeting of Plain City Post 248, held Mach 2, 2022.
Constitution and By Laws Revision Committee
Charles Stenner, committee chairman
John Dellinger
John Dellinger, Post commander