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AMERICAN LEGION POST 53, Sanford, FL

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BY-LAWS

AMERICAN LEGION

CAMPBELL-LOSSING POST 53, INC

DEPARTMENT OF FLORIDA

May 4th, 2023

 

ARTICLE I, NAME

SECTION 1:  The Post existing under these By-Laws is to be known as:  American Legion, Campbell-Lossing Post 53, Inc., Department of Florida.

 

ARTICLE II, GOVERNMENT AND MANAGEMENT

SECTION 1:  The government and management of the Post is entrusted to an Executive Committee consisting of:  Commander, First Vice Commander, Second Vice Commander, Finance Officer, Sgt-at-Arms, Historian, Chaplain and three (3) members elected at large by the membership of the Post at the same time the officers are elected.  The Adjutant shall serve as the secretary of the Executive Committee with voice but no vote.  The immediate past Commander shall be a member of this committee with voice but no vote.  Annual election of officers shall be held not less than ten (10) days nor more than fifty (50) days prior to the Department Convention.  All of the officers and the Executive Committeemen shall be elected annually by ballot or by nomination at the election meeting.  In the event that more than two (2) candidates are nominated for any office, and one candidate does not receive a majority of the votes cast on the first ballot, then all candidates, excepting the two (2) candidates receiving the highest number of the votes shall be eliminated following the first ballot.  Thereafter, the balloting shall continue until one candidate shall receive a majority of the votes cast.  In the case of Executive Committeemen, the three candidates receiving the highest number of votes on the first ballot shall be elected. 

SECTION 2:  All vacancies existing in the Executive Committee or in any office other than Commander of the Post from any cause other than the expiration of the term of office, shall be filled by a majority vote of the remaining members of the Executive Committee and a person so appointed shall hold office for the unexpired term of the member of the Executive Committee or Officer whom he/she succeeds.  A vacancy in the office of Post Commander by reason of death, resignation or removal from office shall be filled by special election, held at a regular meeting following not less than ten (10) days notice to the general membership of the vacancy.  A majority ballot of those members present and voting shall be required for election to office.  Such election shall be for the unexpired term of office.   Absence by an Executive Committee Member of three (3) consecutive meetings shall be considered neglect of duty, which can result in removal from office, among other things, if tried and convicted pursuant to Article X, Section 13 of the Constitution, American Legion, Department of Florida. 

 

ARTICLE III, POST EXECUTIVE COMMITTEE

SECTION 1:  The Post Executive Committee shall meet for the organization and such other business as may come before it at the call of the Post Commander within thirty (30) days after installation of new officers.  Thereafter the Post Executive Committee shall meet at the call of the Post Commander as least every thirty (30) days and as often as said Commander may deem necessary. 

SECTION 2:  The Commander shall call a meeting of the Post Executive Committee upon the joint request of three (3) or more members of said Post Executive Committee, and also, upon the joint request, in writing, of ten (10) or more members of the Post.  Five (5) members of the Executive Committee shall constitute a quorum thereof.

SECTION 3:  The Post Executive Committee is further charged with hiring and dismissing such employees as may be necessary, authorizing and approving all expenditures, requiring adequate bonds from all persons having custody of Post funds, hearing reports of committee chairmen and generally having charge of and being responsible for the management of the affairs of the Post.  Committee reports of general interest shall be given at Post meetings.  The finance report, the report of the canteen or bar chairman and the report of the bingo chairman shall be given at all Post Executive Committee and Post general meetings.

SECTION 4:  All proceedings of said Executive Committee shall be presented to the membership at the next regular meeting for their approval.

 

ARTICLE IV, DUTIES OF OFFICERS

SECTION 1:  Duties of the Post Commander:  it shall be the duty of the Post Commander to preside at all meetings of the Post and have general supervision over the business and affairs of the Post, and such officer shall be the chief executive officer of the Pose and ex-officio over all committees.  The Commander shall approve all orders directing 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.  The Commander shall perform such other duties as directed by the Post.  The Commander shall have the authority to spend up to $200 monthly of the Post’s money for expenses/purchases, vouchered, and shall report these expenses to the membership. 

SECTION 2:  Duties of the First Vice Commander:  The First 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 First Vice Commander is the Membership Chairman. 

SECTION 3:  Duties of the Second Vice Commander:  To assist the Commander and First Vice Commander.  The Second Vice Commander is the Activities Chairman. 

SECTION 4:  Duties of the Finance Officer:  The Finance Officer of the Post shall have charge of all the finances and see that they are safely deposited in a local bank or banks and shall report once a month to the Executive Committee the condition of the finances of the Post, with such recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the Post.  There shall be furnished such surety bonds as shall be fixed by the Executive Committee as $10,000.00 each.  The Finance Officer shall be empowered to pay all utility, electricity, gas, telephone, custodian service, pest control and regular monthly accounts.  All other expenditures must be approved by the Executive Committee and the Post at a general meeting.

SECTION 4A:  All checks will be countersigned by any two (2) of the following officers:  The Commander, the Finance Officer and the Adjutant.

SECTION 4B:  There may also be established by the Executive Committee, special accounts for use by the club or other special committees such as kitchen, lounge, bingo, etc.  On these accounts, in addition to the above officers, the account may carry the name of two of the aforementioned names.

SECTION 5:  Duties of the 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., and adhere to such ceremonial rituals as are recommended by the National and Departmental headquarters from time to time.

SECTION 6:  Duties of the 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 Executive Committee.

SECTION 7:  Duties of the Sgt.-at-Arms:  The Sergeant-at-Arms is the keeper of the Flag and Post Standard and Post rifles.  He will see that the flag and Post standard are in their proper place at all regular meetings and at all military funerals.  He shall preserve order at all meetings and shall perform such other duties as may from time to time be assigned to him by the Executive Committee. 

SECTION 8:  Duties of the 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 the direction of the Commander, handle all correspondence of the Post.

 

ARTICLE V, DELEGATES

SECTION 1: Delegates and alternates to the Department Convention shall be elected by the Post at a regular meeting of the Post to be held at least ten (10) days, no more than fifty (50) days prior to the date of such convention, or as prescribed in the By-Laws of the American Legion, Department of Florida.

SECTION 2:  Delegates and alternates to the District Constitutional Conference shall be elected by the Post at a regular meeting to be held at the same time that the Department delegates and alternates are chosen if possible but no less than ten (10) days prior to the District Constitutional Conference.  By vote of the membership at the meeting the election is held, the same delegates chosen to represent the Post at the Department Convention may also represent it at the District Constitutional Conference.

 

ARTICLE VI, APPOINTMENTS

SECTION 1:  The Post Commander, immediately upon taking office each year, shall appoint and set up such committees as are established in the Post handbook and as may be applicable to the Post.  The Commander shall appoint an Adjutant, Service Officer and Judge Advocate. 

SECTION 2:  The House Committee is an appointed position by the Commander, which shall consist of at least three (3) members.

SECTION 3:  The House Committee’s responsibilities are to oversee maintenance, cleaning, outside grounds and all inventories of the kitchen, lounge and all properties belonging to The American Legion, Campbell-Lossing Post 53 and any other duties as prescribed by the Executive Committee.

 

ARTICLE VII, RESOLUTION

SECTION 1:  All resolutions of the 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 a 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 meeting of this Post shall be held at the Post Home on the first Thursday of each month at a time to be established by the Executive Committee.  Both the Executive Committee and Members Meetings may be held on the same day.

SECTION 2:  The Post Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post at any time.

SECTION 3:  Upon the written request of ten (10) members, the Executive Committee shall call a special meeting of the Post.  An electronic written notice shall be sent to each Post member five (5) days prior to date of such special meeting. 

SECTION 4:  Each paid up member of the Post must be notified by electronic written notice or Post bulletin of each meeting of the Post.

SECTION 5:  A quorum shall consist of seven (7) members in good standing over and above at least three (3) officers, other than the Post Commander and Post Adjutant, present at the Post meeting. 

SECTION 6:  No member will be placed on a ballot for election to any office of this Post until certification of service record, DD 214, is shown to the Post Commander and Post Adjutant.

SECTION 7:  Elections of Officers shall be no earlier than 50 (fifty) days prior to nor less than 10 (ten) days to State Convention.

 

ARTICLE IX, NOTICES

SECTION 1:  Every member of the post shall furnish the Post Adjutant with his or her post office and e-mail address(s) for mailing purposes within thirty (30) days or will be removed from the mailing list.  In this era of electronic communications, the Post shall use electronic notice by e-mail as written notice to all members with e-mail service.  Post Office mailing for members without e-mail addresses will be continued.  The electronic mass mailing list shall be maintained by the Adjutant and First Vice Commander.

SECTION 2:  The amount of annual dues is $45.  If a member’s dues are not paid by January 1 of each year the member becomes delinquent.  The Executive Committee may elect to suspend the delinquent member if still unpaid after 30 days.  It is recommended that all Officers pay their dues by July 31st

 

ARTICLE X, RULES OF ORDER

SECTION 1:  All proceedings of this Post shall be conducted under and pursuant to The American Legion Post Officers Guide (Article X, Section 18 of the Department Constitution). 

 

ARTICLE XI, LIMITATIONS OF LIABILITIES

SECTION 1:  No member or group of members shall be subject this Post to liability without due authorization of this Post. 

 

ARTICLE XII, MANAGEMENT OR OWNERSHIP OF REAL PROPERTY

SECTION 1:  Real property with the exclusion of fixtures and anything that is moved by hand, owned or managed by Campbell-Lossing Post 53 of the American Legion cannot be transferred, sold or leased without a two-thirds vote of the members present.

SECTION 2:  Any motion presented pertaining to Section 1 must be properly seconded and is automatically tabled so proper notice, by electronic or written transmission and bulletin board, can be sent to all members with the motion presented, that a discussion and vote will take place at the next regular meeting. 

 

ARTICLE XIII, REAL ESTATE, LAND OR BUILDING PROPERTY

SECTION 1:  Real estate, land or building set aside by motion properly seconded and voted on with a yes vote, to long term development for the benefit to Campbell-Lossing Post 53 cannot be sold, leased, transferred or released from the date of discussion and voted on (Article XII, Section 2) for a period of one (1) year.

 

ARTICLE XIV, EMERGENCY SALE OF OWNERSHIP OF REAL ESTATE, LAND OR BUILDING PROPERTY

SECTION 1:  In accordance with Article X, Section 20 of the Constitution of The American Legion, Posts within the State of Florida, prior to transferring a parcel of real property shall: (1) provide written notice to all members of the Post who are in good standing and (2) obtain written consent for the transfer of said property from the Department Commander. 

SECTION 2:  That Campbell-Lossing Post 53 send to each member in good standing a ballot of such emergency motion with a return address to be returned to the Post of his/her voting preference.  Said ballot must be dated when mailed to the member. 

SECTION 3:  The member in good standing has fifteen (15) days from the date of the ballot to sign, date and return the ballot to said Post 53 for his/her voting preference.  If there is no date or signature, the ballot will be voided.

SECTION 4:  Upon the return of the ballot to Post 53, the returned ballots shall be saved in a folder.  At the end of fifteen (15) days plus two (2) days for e-mail delivery, a total of seventeen (17) days, the Executive Committee will meet at their earliest convenience to count the ballots and present its findings of the emergency vote to the members present at the next regular meeting.  A two-thirds (2/3) affirming vote of the membership is needed.

 

ARTICLE XV, RENTING AND/OR LEASING

SECTION 1:  Renting is thirty (30) days or less of real estate, land or building property.  Leasing is more than thirty (30) days use of real estate, land or building property.

 

ARTICLE XVI, PRESERVATION OF LIQUID ASSETS

SECTION 1: 

  1.  As written, section 1 of the aforementioned By-Laws states “The principal of this fund shall only be used for an emergency.  The amount of which must exceed the existing available funds of the General Fund, and that such emergency must be found to exist by recommendation of the Executive Committee and approved by members present at a regular meeting.
  2. That a Board of trustees, numbering not less than three (3) nor more than five (5) members in good standing be established and appointed to oversee the uses of the “Sinking Fund” as in cases of “Emergency” as recommended by the Executive Committee of Post 53.  Monies of the sinking fund shall be deposited in interest bearing account(s) at commercial banks with guarantee of insured accounts in accordance with federal laws.  Speculative accounts such as annuities, money markets, bond funds and stock funds shall not be used. 
  3. That all members of the Board of trustees shall have been past officers of Post 53, elected or appointed, and that no member of the board shall hold current, elected or appointed office, and in the event a board member does become an officer or Post 53, elected or appointed, he/she must resign from the board and a new appointee be named. 
  4. The Board of trustees shall be called on by the Commander, at the recommendation of the Executive Committee, to act upon such “Emergencies” it deems valid and appropriate, in a timely manner not to exceed forty-eight (48) hours, and shall inform the Commander of its findings and recommendations.  The Board shall then make the necessary funds available for the express purpose of remedying that “Emergency” by transferring agreed upon amount to the General Fund for disbursement.
  5. At no time shall funds be transferred without a majority of the Board of Trustees approval and consent.  The Board may meet in body or by telephone poll, but must submit in writing, within five (5) days of their decision, signed by a majority of the Board, all findings and recommendations, whether approval or denied, to be kept as a matter of permanent record by the Post 53 Adjutant.

 

THESE REVISED BY-LAWS WERE ADOPTED BY CAMPBELL-LOSSING POST 53 AT A REGULAR MEETING HELD ON MAY 4TH, 2023 AND SUBMITTED TO THE DEPARTMENT JUDGE ADVOCATE FOR REVIEW ON MAY 5TH, 2023.  THIS SUBMISSION PROVIDES CORRECTIONS IN ACCORDANCE WITH THE DEPARTMENT LETTER DATED JUNE 6, 2016, RECEIVED JULY 18, 2016.

 

/S/

Donald Smith, Commander

 

/S/

Dave Keller, Adjutant

 

/S/

Ken Lester, Judge Advocate

 

Signed October 5, 2023