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P.O. Box 2416, Ellicott City, Maryland

ADAMS, HANNA, MOORE MEMORIAL POST 156

Constitution and Bylaws

ADAMS, HANNA, MOORE MEMORIAL POST 156

 The American Legion

Department of Maryland

 

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 100 per cent Americanism; to inculcate a sense of individual obligation to the community, state and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and goodwill on earth; to safeguard and transmit to posterity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness. 

 

Article I – Name

Section 1.  The name of this organization shall be Adams, Hanna, Moore Memorial Post 156, The American Legion, Department of Maryland, Whenever the word Post is hereinafter used it implies the full title.

 

Article II – Headquarters

Section 1.  The headquarters of this post shall be within the confines of the boundaries of Howard County of the Northern Central District. Location of the aforementioned headquarters to be determined by the Executive Committee.

 

Article III – Object

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

 

Article IV – Nature

Section 1.  This Post is a civilian organization and membership therein does not effect 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 public office or preferment. No candidate for nomination or election to, or no incumbent of any remunerative public office shall hold any elective office, or nay appointed remunerative office in this Post of the American Legion, provided that members of the Post standing committees shall not be affected. 

 

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

 

Article V – Membership

 Section 1.  Eligibility for membership in this Post shall be prescribed by the National Constitution of the American Legion. Each member shall have one vote in any election or at any meeting of members.

 

Section 2.  Application for membership shall be 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 such application and shall be accepted, rejected or referred for further investigation and consideration. If one or more members cast a vote against the acceptance of said application, then such application shall be recorded as rejected. A rejected application shall not again be considered until after expiration of six months from the date of such rejection.

 

Section 4.  Any member of this Post may be suspended or expelled for cause by two-thirds vote if the Post Executive Committee after charges are referred under oath, in writing and fair trial had upon the same.

 

Section 5.  A member who has been suspended or expelled from this Post for any cause may be reinstated for 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, the person expelled may then appeal to the state Executive Committee of the Department of the expelling post for permission to apply for membership in this Post and shall be ineligible for membership until such permission is granted.

 

Article VI – 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 the Executive Committee, which may consist of three (3) members in addition to the officers of the Post. The term of office of 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, First Vice-Commander,

Second Vice-Commander, Third Vice –Commander, Adjutant, Chaplain, Finance Officer,  Sergeant-at-Arms, Service Officer, Judge Advocate, Historian, 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 as directed by the executive committee.

 

Section 3.  All officers and executive committee members shall be elected annually and they shall hold office until their successors are duly installed or as otherwise provided in the Bylaws of this Post. Any officer or executive committeeman may be removed for inefficiency by the Executive Committee, a two-thirds vote of said committee being necessary to effect such removal. 

 

Section 4.  Vacated Office. In the event an elected officer in the Post dies, resigns his office or for any reason cannot serve in the office for which he was elected, such an event shall be referred to the Executive Committee for immediate action.

 

Section 5.  Any officer or member of the Executive Committee may be removed from office for misconduct, neglect or failure to perform the duties of the office elected, only after a fair hearing before the Post as provided by the Bylaws of this Post and Bylaws of the American Legion. 

 

Section 6.  The Commander and immediate Past Commander shall be certified automatically as delegates to the State Convention and District Meetings. The remaining number of delegates as authorized by the Department shall be appointed by the Executive Committee upon nomination.

 

Section 7.  No officer of this Post may serve in more than one office at the same time.

 

Article VII – Finance

Section 1.  The revenue of this Post shall be derived from annual membership or initiation fees, and from such other sources as may be approved by the Post Executive Committee. 

 

Section 2.  The amount of the annual membership and initiation fees shall be determined by the Executive Committee. 

 

Section 3.  This Post shall pay to the Department of Maryland annual membership dues for each member of this Post according to procedures prescribed by National Headquarters and the Department of Maryland, American Legion.  

 

Section 4.  The Finance Officer shall prepare a budget that the Post’s Fiscal Year shall commence on January 1st of each year, and end on December 31st of the same year. Each Committee Chairperson shall present to the Finance Officer their need for the upcoming year’s budget NLT December 15 each year. The Post Commander and the Adjutant shall review the new proposed budget with the Finance Officer, before it is submitted to the Executive Committee for their review and recommendations.  After the January Executive Committee review, the membership, at their regularly scheduled meeting must vote to approve the budget, by a simple majority of members present at said meeting.

Article VIII – Charter Members

Section 1.  Members who joined this Post on or prior to April 14, 1974 shall be known as Charter Members.

 

Article IX – Amendments

 Section 1.  This Constitution is adopted subject to the provisions of the National Organization and/or Department of Maryland Constitution and Bylaws of the American Legion. Any amendment of the above Constitution which is in conflict with the latter shall be regarded as automatically repealing or modifying the provisions of this Constitution. 

 

Section 2.  This Constitution may be amended at any regular Post meeting by the vote of Two-thirds of the members of this Post attending such meeting, provided that the proposed amendment(s) shall have been submitted in writing and shall have been read once at a preceding meeting of said Post and provided further that written notice shall have been given to all members at least twenty (20) days in advance of the date that an amendment(s) is to be voted upon.

    

Section 3.  The notice to the membership shall include the date, time and location of the meeting at which to vote will be taken.

 

 

 

CERTIFICATION OF PASSAGE AND REVIEW OF CONSTITUTION

 

As Adjutant of the Adams, Hanna, Moore Memorial Post 156, I do hereby certify that the Constitution of Adams, Hanna, Moore Memorial Post 156 have been previously distributed to the members of the organization, discussed at a regular meeting and upon motion duly made, seconded and passed by a majority of the membership in attendance who approved the Constitution as set forth above.

 

Date

Printed Name

Signature

3/21/2013

John Horan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By-Laws

Of

ADAMS, HANNA, MOORE MEMORIAL POST 156

The American Legion

Department of Maryland

 

 

Article I – Name

Section 1.  This Post existing under these By-Laws is to be known as Adams, Hanna, Moore Memorial Post 156, The American Legion, Department of Maryland.

 

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 shall be vested in the Executive Committee. The Executive Committee shall be composed of the elected Officers of this Post as set forth in Article VI, Section 2, of the Constitution and additional members-at-large as required.

 

Article III - Post The Executive Committee

Section 1. If necessary, in order to comply with the Maryland Corporation Laws, the Executive Committee shall be considered the Board of Directors for maintaining the status of a Maryland Corporation.

Section 2.  The Executive Committee shall consist of all elected and appointed officers of the Post, the immediate Past Commander of the Post, and up to three (3) members-at-large.

Section 3.  The members at large shall be elected by a majority vote of members present for a meeting.

Section 4.  All administrative powers of the Post shall be vested in the Executive Committee.

Section 5.  The retiring Commander shall automatically become a member of the Executive Committee and is to serve for a period of one year.

Section 6.  Minutes must be keep of all Executive Committee meetings, recorded and filed separately from the minutes of the Post. The Chairman of the Executive Committee may appoint another member of the committee as Secretary of the Executive Committee.

Section 7. 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 15 days after the installation of new officers. Thereafter, the Post Executive Committee shall meet monthly or at such other times as the Post Commander may determine. The Post Commander may call a special meeting of the Executive Committee or upon the joint written (to include e-mail) request of three (3) or more members of said Executive Committee and a simple majority of the Executive Committee present at any meeting shall constitute a quorum thereof.

Section 8.  The Executive Committee shall authorize and approve all expenditures of Post funds; shall require adequate bonds for all persons having custody of Post funds; and shall have charge of and be responsible for the management of all affairs of the Post.

Section 9.  Nothing in the provision of the Article shall preclude any member of the Post in good standing from challenging and or demanding an exploration from the Executive Committee on decisions taken by the committee. This shall be done in writing (to include e-mail), to the Chairman of the Post Executive Committee or from the floor during a general Post meeting.

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. The Commander shall promote the programs and ideals of the American Legion in the community and such officer shall be the Chief Executive Officer of the Post. The Commander shall perform such other duties as directed by the Post. 

 

Section 2.  Duties of 1st Vice Commander.

The 1st 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. The 1st Vice Commander shall also perform such other Post duties as may be assigned by the Commander or Executive Committee. He shall be the chairman of the membership committee and render reports of membership whenever called upon at a meeting of the Post.

 

Section 3.  Duties of 2nd Vice Commander.
The 2nd Vice Commander shall assume and discharge the duties of the office of Commander in the absence or both the Commander and 1st Vice Commander or when called upon by the Post Commander. The 2nd Vice Commander shall also perform such other Post duties as may be assigned by the Commander or Executive Committee. The 2nd Vice Commander’s primary concern is for the arrangement and promotion social activities for the Post. He shall serve his Commander with faithful and diligent efforts. He/she shall keep the Executive Committee informed as to Outside Speaker Program. 

Section 4.  Duties of 3nd Vice Commander.
The 3rd Vice Commander shall assume and discharge the duties of the office of 2nd Vice Commander. In his absence, the 3rd Vice Commander shall also perform such other Post duties as may be assigned by the Commander or Executive Committee. The 3nd Vice Commander’s primary concern is to aid the 2nd Vice Commander in all duties. The 3rd Vice Commander shall serve his Commander with faithful and diligent efforts.

Section 5.  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 regular general meeting and, under the direction of the Commander, handle all correspondence of the Post. The Adjutant shall also be responsible for the receipt of membership dues, the deposit of same, maintenance of an up-to-date membership roster, and the issuance and mailing of all membership cards in a timely manner. 

 

Section 6.  Duties of Finance Officer.

The Finance Officer of the Post shall have charge of all finances and see that they are safely deposited in the approved depository(s) and is charged with the payment of all authorized debts. The Finance Officer shall report once a month to the Executive Committee and at the general meeting, the condition of the finances of the Post, with such recommendations as he/she may deem appropriate and expedient or necessary for the raising of funds with which to carry on the activities of the Post.

 

Section 7.  Duties of the Service Officer.

The Service Officer shall advise the Post members and their dependents of the rights and benefits granted to them by law. The Service Officer must know how to utilize such expert services as may be available to the community and to render such assistance as may be required in filing claims for Veteran and other benefits. The Service Officer may perform other duties pertaining to rehabilitation of Post members, as may be necessary and arrange for hospitalization whenever needed. The Service Officer shall perform other duties as may properly pertain to the office as directed by the Commander and the Executive Committee.

 

Section 8. Duties of the Post Judge Advocate.

The Judge Advocate shall supervise all Post business or activity that is of a legal nature, examine all legal papers presented to the Post for action, recommend competent legal counsel if needed and shall advise the Commander and or the Executive Committee in relation thereto.

 

Section 9.  Duties of Post Chaplain.

The Post Chaplain shall be charged with the Spiritual welfare of the Post comrades and shall offer divine and non-sectarian service in the event of dedications, funerals, public functions, and similar occasions, adhering to the ceremonial rituals as recommended by the National Headquarters and Department of Maryland American Legion. 

 

 

Section 10.  Duties of Post Historian.

The Post Historian shall be charged with recording the individual records and achievements of the Post and its members, and shall perform other duties as may properly pertain to his/her office as directed by the Commander and the Executive Committee.

 

Section 11.  Duties of Sergeant-at-Arms.

The sergeant-at-arms shall preserve order at meetings and shall perform such other duties as may be from time to time assigned by the Post Commander or Executive Committee.

 

Article V - Nominations and Elections

Section 1.  Nominating Committee.  At a regular meeting of the Post in February, it shall be the duty of the Commander to appoint a Nominating Committee.

 

Section 2.  List of Nominees. At the regular meeting of the Post in April the Nominating Committee shall present to the Post a list of at least one nominee for each elective office of the Post any member, in good standing, however, shall have the right to nominate from the floor, such other members of the Post, in good standing, as may be qualified for an elective office of the Post or other positions described above.

 

Section 3.  Other Nominations. Except as otherwise provided, or at the discretion of the Post Commander, no further nominations shall be made following the regular April meeting of the Post. All nominees shall thereupon be considered a candidate for the office for which nominated and shall notify the Adjutant immediately of acceptance of such candidacy.

 

Section 4.  Vacated Candidacy. In the event a candidate for an office in the Post dies, resigns his candidacy or for any reason cannot serve in the office for which he is a candidate, such an event shall be referred to the Executive Committee for immediate action.

 

Section 5.  The Election of Officers. The election shall be the regular order of business of the May meeting of the Post. Candidates for the several offices and Executive Committee shall be named on a single secret ballot. Each Post member that is in good standing shall be eligible to vote. A committee appointed by the Commander shall count the ballots and certify and announce the results in a manner of their choosing. Those candidates receiving the highest number of votes shall be considered elected and the results will be announced to the general membership.

 

Section 6.  One Office. A member shall be selected as a candidate to only one elective office. Elective officers are all officers as described in the Constitution; Article VI.

 

Section 7.  Installation. The installation of all newly elected officers and Executive Committee of the Post will take place at a meeting of the Post or other official gathering no later than 30 days after the adjournment of the Department Convention.

 

Article VI—Delegates

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

 

Article VII—Appointments

Section 1.  The Post commander, immediately upon taking office, shall appoint shall appoint standing committees as needed.

 

Section 2.  Membership Committee.  The Membership Committee shall have charge of all matters pertaining to the membership of the Post, including the recruiting of new members, reinstatements and eligibility of members.

Article VIII—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 action (other than mere passage by the Post) is taken.

 

Article IX—Meetings

Section 1.  The regular meeting of the Post shall be held at VFW Post 7472, 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.  The annual meeting of the Post shall be held in the month of May of each year.

 

Section 4.  Six (6) members of the Executive Committee present shall constitute a quorum

 

 

Article X—Notices

Section 1.  Every member shall furnish the Post adjutant with an address for mailing.

 

Section 2.  The Post adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.

 

Article XI—Rules of Order

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

 

Article XII—Amendments

Section 1.  These By-Laws may be amended at any regular Post meeting by the vote of two-thirds of the members of this Post attending such meeting, provided that the proposed amendment(s) shall have been submitted in writing and shall have been read once at a preceding 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 the date when such amendment(s) is to be acted upon, notifying said members that at such meeting a proposal to amend the by-laws is to be voted upon.

 

 

 

CERTIFICATION OF PASSAGE AND REVIEW OF BY-LAWS

 

As Adjutant of the Adams, Hanna, Moore Memorial Post 156, I do hereby certify that the By-Laws of Adams, Hanna, Moore Memorial Post 156 have been previously distributed to the members of the organization, discussed at a regular meeting and upon motion duly made, seconded and passed by a majority of the membership in attendance who approved the By-Laws as set forth above.

 

Date

Printed Name

Signature

3/21/2013

John Horan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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