CONSTITUTION AND BYLAWS POST
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 foster and perpetuate a hundred percent Americanism; to preserve the memories and incidents of our associations in the great wars; to inculcate a sense of individual obligation to the Country, State and Nation; 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 the Alfred W. Maxwell, Jr. Post No 40 American Legion, Department of Maine.
Section 2 The name, or parts of it, cannot be used without the express permission of this organization.
ARTICLE II – OBJECT AND PURPOSE
Section 1. The objects and purposes of the Post shall be to promote the policies and principles as set forth in the forgoing Preamble, and in the National and Department Constitutions of the American Legion.
ARTICLE III – NATURE
Section 1. This Post is a civilian organization, and membership herein does not affect 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 or for the promotion of the candidacy of any person seeking public office or preferment. No candidate for nomination or election to, or incumbent of any remunerative elective public office, shall hold any elective office or any appointive remunerative office in the Post of the American Legion, provided that members of Post Standing Committees shall not be affected.
Section 3. Rank does not exist in the American Legion. No member shall be addressed by his/her military title in any meeting of the Post.
ARTICLE IV – MEMBERSHIP
Section 1. Eligibility for membership in this Post shall be prescribed by the National Constitution of the American Legion.
Section 2. Application for membership shall be made in writing under such regulations as from time to time is 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 at such meeting be accepted, rejected, or referred for further investigation and consideration. Exception See Sec. 3a. Applications for membership presented to this Post will be investigated by the Adjutant. Transfers will also be investigated by corresponding with the Adjutant of the host post. If the members cast their vote against the acceptance of said application; the application will not again be considered until after the expiration of six (6) months from the date of such rejection.
Section 3a: Except that, during summer recess the Adjutant may be authorized to issue a temporary membership card. This card will expire at the first regular meeting pending ratification of the membership
Section 4. The Executive Committee shall empower the employees of the Game Room to expel any member and or guest immediately pending investigation by the Executive Committee, who violates any of the Post House Rules.
Section 5. Any member or guest who has been suspended from this Post, for any reason may be reinstated to membership or guest privilege by two-thirds (2/3) vote of members present at a Post meeting.
Section 6. Any Legion member who has been expelled by another Legion Post or any Veterans Organization shall not be admitted to membership in the Post without the written consent of the expelling Post or Organization
ARTICLE V – OFFICERS
Section 1. The administrative affairs of the Post of the American Legion shall, except as otherwise provided by the By-Laws, be under the supervision of the elected officers of the Post, to be known as the Executive Committee, who shall be elected each year. The officers shall be a Commander, Two (2) Vice-Commanders; Adjutant, Finance; Historian; Chaplin; Sergeant-at-Arms, Service Officer, Americanism Officer and such other officers as may be necessary by the organization. Three (3) Executive Committee members shall be nominated and elected from the floor at the meeting following the annual election.
Section 2. The immediate Past Commander will automatically be seated on the Executive Committee for a (2) two-year term. In the event of a two-year term of the present Commander, the position of Past Commander shall be elected from the floor at the same meeting the Executive Committee members are elected. A Past Commander who has completed one full year as Commander of Post 40 shall fill this position.
Section 3. Every member of this Post in good standing shall be eligible to hold office in the Post, except as otherwise provided in Article III, Section 2, hereof.
Section 4. The duties of the Officers and the Executive Committee shall be those usually pertaining to Officers and Committee members as further provided in the By-Laws.
ARTICLE VI – FINANCE
Section 1. The revenue of this Post shall be derived from annual membership dues, and from such other sources as may be approved by the Executive Committee.
Section 2. The amount of the annual Post dues shall be fixed and determined by the Post membership as recommended by the Executive Committee.
Section 3. The Post shall pay to Department of Maine Headquarters the National and the Department’s annual membership dues for every member of the Post.
Section 4. The Post will pay the dues of any member of this Post who is on Active Duty in the Armed Forces.
Section 5. The Post’s financial year will begin and end as determined by the Post Executive Committee.
Section 6. Thirty (30) days after the end of the Post’s financial year, as determined by Section 6 of this article, the Executive Committee shall cause an audit to be conducted on the Post by a qualified person from outside the Post membership.
Section 7. The fiscal year shall run from May 1st through April 30th of the following year.
Section 8. The Post will pay the dues of any Past Commander of Post 40 as long as they retain membership in good standing of Post 40. (See Article IV Section)This section does not apply to any Past Commander who had a PUFL prior to becoming Commander.
Section 9. The Post shall pay the dues of the presiding Commander, Adjutant, and Finance Office. This section does not apply to any of these Officers who have a PUFL.
ARTICLE VII – AMERICAN LEGION AUXILIARY Section 1. This Post recognizes a program known as Auxiliary Unit (40) of Alfred W. Maxwell, Jr. Post 40, The American Legion. Section 2. Membership in the Auxiliary shall be as prescribed by the National Convention of the American Legion Auxiliary.
ARTICLE VIII – SONS OF THE AMERICAN LEGION Section 1. This Post recognizes a program known as Squadron 40 of Alfred W. Maxwell, Jr. Post 40, The American Legion. Section 2. Membership in the Sons shall be as prescribed by the National Constitution of the Sons of the American Legion. Section 3. The program is known as “The Sons of the American Legion, Squadron 40” shall also be governed by these documents.
ARTICLE IX – AMERICAN LEGION RIDERS Section 1. This Post recognizes a program known as The American Legion Riders. Section 2. The American Legion Riders Chapter 40 is a self contained unit and is responsible to themselves as overseen by Alfred W. Maxwell Jr Post 40 the American Legion. For due cause this Program (Chapter 40) may be discontinued by the Executive Board.
ARTICLE X –SCOUTING Section 1. This Post recognizes a program known as the Boy Scouts of America and Girl Scouts of the USA. Section 2. Winthrop Boy Scout Troop 604 is a self sustaining unit and support from this post will be to assist this Troop in their programs when necessary. Section 3. Winthrop Girls Scout Troup 508 is a self sustaining unit and support from this post will be to assist this Troop in their programs when necessary.
ARTICLE XI– AMENDMENTS Section 1. This Constitution, as adopted, is subject to the provisions of the National Constitution of the American Legion and the Department Constitution of the Department of Maine, the American Legion. Any amendment to said National Constitution or Department Constitution, which is in conflict with any provisions hereof, shall automatically repeal and modify 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 two-thirds (2/3) vote of the members present at such meeting, provided that the proposed amendment(s) shall have been submitted in writing and read at the preceding regular Post meeting; and, provide further that written notice shall have been given to all members at least twenty (20) days in advance of the date when such amendment(s) is to be voted upon, notifying said members that at such meeting, a proposal to amend the Constitution is to be voted upon.. The Bugle mailing can be considered written notice.
ALFRED W. MAXWELL JR POST 40 BY-LAWS
ARTICLE I – NAME Section 1. The Post existing under these by-laws is to be known as Alfred W. Maxwell Jr. Post 40, the American Legion, Department of Maine. Section 2. The objects of this Post are set forth in the Constitution.
ARTICLE II – MANAGEMENT Section 1. The Government and Management of the Post is entrusted to an Executive Committee known as the Executive Committee. Section 2. The Executive Committee shall consist of a minimum of twelve (12) members or as otherwise provided for in Article V of the Post Constitution. Section 3. Three (3) members at large shall be nominated from the floor on the first meeting following the election of Officers, and be voted into office by a majority show of hands by the members present. These members shall serve on the Executive Committee. If more than three (3) members are nominated, the three (3) to be elected shall be by secret ballot. The three (3) members polling the highest number of votes shall be declared the winners. Section 4. All vacancies existing in the Executive Committee or in any office of the Post for any cause other than expiration of the term shall be filled by a of two-thirds (2/3) vote of the remaining members of the Committee. Section 5. A vacancy shall exist when an Officer is absent from his post for three (3) consecutive meetings, (General, Executive, and Special) without a valid reason as determined by the Commander.
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 five (5) days after the installation of new officers. There after, the Post Executive Committee shall meet as set forth in Article VI, Section 7 of these By-Laws and/or as often as the Commander may deem necessary. The Commander shall have an Executive Committee meeting upon request of three (3) members of said Committee. Eight (8) members shall constitute a quorum. Section 2. The Post Executive Committee shall hire such employees as may be necessary; authorize all expenditures for the normal operation not to exceed $250.00. All other expenditures will come before the Post. Section 3. Any Member of the Post can be nominated for Life Membership. The candidate’s name shall be presented to the Executive Committee for their consideration, and then to the Post for a vote.
ARTICLE IV – DUTIES OF OFFICERS Section 1. Post Commander. It shall be the duty of the Post Commander to preside at all meetings of the Post and to have a general supervision over the business and affairs of the Post, and such Officers shall be the Chief Executive Officer of the Post. He shall approve of 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, and a copy thereof immediately be forwarded to the Department Adjutant. He shall perform such other duties as directed by the Post. Section 2. 1st 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; In addition to other duties delegated by the Commander. Section 3. 2nd Vice Commander. The Second Vice Commander will be in charge of entertainment and will concern himself with the welfare of his fellow veterans. He will assist the Commander and the Executive Committee in the operation of the Post. Section 4. Post Adjutant. The Post Adjutant shall have charge of and keep a full record of all proceedings of all meetings. Keep such records as the Department and National Organization may require. Render reports of membership annually or when called upon at a meeting, and under direction of the Commander and handle all correspondence of the Post. Section 5. 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 once a month to the Executive Committee the condition of the finances of the Post, with such recommendation as he may deem expedient or necessary for raising funds with which to carry on the activities of the Post. He shall sign all checks disbursing the moneys of the Post. He shall furnish such surety bonds in such sums as shall be fixed by the Post Executive Committee. Section 6. Post Historian. The Post Historian shall be charged with the individual records and incidents of the Post and Post members, and shall perform such duties as may properly pertain to the office as may be determined by the Post or Executive Committee. Section 7. 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. Adhere to such ceremonial rituals as recommended by the National or Department Headquarters from time to time. Section 8. 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 Commander. Section 9. Service Officer. To assist the American Veterans, the Widows, and children of deceased Veterans, report to the Post all changes in Veteran’s affairs. Keep a direct line to the Post Commander on services rendered. Sections 10. No officer of this Post or the Game Room Chairman shall hold a paid full time position in this Post. Section 11. Americanism Officer. The Americanism Officer is the overseer of the Americanism Committee. The Americanism Committee shall be charged with the inspiration of patriotism an good citizenship by arrangements for 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
ARTICLE V – ELECTION OF OFFICERS Section 1. The nomination and election of officers shall be as follows: The nominating committee shall consist of three (3) members in good standing, none of which shall be Officers of the Post. However, Committee persons shall be eligible to run for office. They shall be selected and voted upon by the members present at the regular meeting in January. Section 2. The nominating committee shall present their slate of officers, one candidate for each office only, at the regular meeting in March. At this time nominations from the floor will be in order. Sections 3. The election of officers will be at the first regular meeting in April. Nominations from the floor will not be in order. Last minute candidates must submit their intentions 10 days prior to the April meeting signed by 15 members in good standing. Officers shall be elected by secret ballot and will need a simple majority to win. In the event that there is no opposing candidates for a particular office the Adjutant may cast one (1) vote for all unopposed candidates.
ARTICLE VI -MEETINGS Section 1. The regular meeting of the Post shall be held at the Post home on the 2nd Thursday of each month at 7:00 PM at which may be transacted business as may be brought in for action. Section 2. The Post Commander or three members of the Executive Committee shall have the power to call a special meeting of the Post at any time. Section 3. Three members of this post, after proper written request, may task the Commander to hold a special meeting of the Executive Committee. Section 4. Fifteen (15) members shall constitute a quorum for a general membership meeting of which eight (8) officers of the Executive Committee shall be in attendance. Section 5. The bar will be closed for all American Legion meetings at the discretion of the Commander. Section 6. All members shall attend the Post meeting or leave the premises. Section 7. Post Executive Committee meetings will be held prior to the regular scheduled meeting at the discretion of the Commander. Section 8 General Membership meeting and Executive Board meeting minutes shall be read at the start of General Membership meetings. A motion to forgo this section will be called out of order
ARTICLE VII – APPOINTMENTS Section 1. The Post Commander, immediately upon taking office may appoint the following standing committees: Athletics, Awards, Boy Scouts, Boys State, Constitution and By-Laws and House Rules, Ceremonies, Children and Youth, Convention, Discipline Board, Economics, Finance, Flag Ceremonies, Four Chaplains Ceremony, Foreign Relations, Grave Registration, House and Grounds, Initiation Team, Kitchen, Legion Birthday, Legislative, Membership, Memorial Day Observance, National Security, Oratorical and Scholarships, Post Everlasting, Public Relations, Sons of the American Legion, Uniformed Groups, Veterans’ Affairs and Rehab, Veteran’s Day Observance, Visiting and VAVS, Welcoming Committee. Such standing committees shall consist of members and the chairman as directed by the Commander.
ARTICLE VIII – DELEGATES Section 1. At the first regular meeting in April, delegates and alternates shall be chosen to represent the Post at all conventions. Section 2. The Past Commander and the newly elected Commander will be automatic delegates. The remaining delegates will be elected from the newly elected officers, starting at the top on down. (Adjutant, First Vice, Second Vice, Etc) Section 3, The term of elected delegates and alternates shall be for a period of one (1) year. Section 4. The delegates shall be in attendance at all sessions until voting ceases. Section 5. An alternate will replace any delegate who fails to attend District or Department conventions without proper excuse from the Commander. The alternate will notified by the Commander or his representative (usually the adjutant) as to which delegate he/she is replacing.
ARTICLE IX – NOTICE Section 1. Every member shall furnish the Post Adjutant with his or her address for mailing purposes only. Changes will be sent to Department. Section 2. Any member of the American Legion in good standing shall not be required to pay admission at the door for a function such as a dance, however if this member decides to stay and participate in this function this member should pay the admission fee.
ARTICLE X – RULES OF ORDER Section 1. All proceedings of this Post shall be conducted under and pursuant to Roberts Rules of Order Newly Revised except as herein and otherwise provided.
ARTICLE XI – LIMITATIONS OF LIABILITIES Section 1. The 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 – RESOLUTIONS Section 1. All resolutions by State or National, presented to this Post by a member or Committee shall merely embody the opinion of the Post on the subject and copy of same shall be forwarded to Department Headquarters for its approval before any publicity or action other than mere passage by the Post is taken.
ARTICLE XIII – 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 present at said meeting, provided that the proposed amendment shall have been submitted in writing and read at the 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 when such amendments are to be voted upon. Notifying said members that at such meeting a proposal to amend the By-Laws are to be voted upon. The Bugle mailing can be considered written notice. Section 2. All voting will be either by a show of hands or secret ballot. There is no absentee ballot on any items brought before this Post.
ARTICLE XIV UPDATING Section 1. This Constitution and By-Laws shall be reviewed on an annual basis by the By-Laws Committee appointed by the Post Commander, to review and recommend any changes needed. This shall be done prior to the first regular meeting in September. Section 2. The original copy of this Constitution and By-Laws will be kept by the Post Historian and shall be passed along to the succeeding Historian. Copies will be posted and will be available in the Post Home on request of any member. A copy of this document will be given to all new members to this Post. Section 3. This Constitution and By-Laws shall supersede all Prior Constitution and By-Laws of Alfred W. Maxwell Jr. Post 40, The American Legion, Department of Maine, and, The American Legion Post 40, Department of Maine.
ARTICLE XV – HOUSE RULES Section 1. House Rules shall be made a part of these By-Laws. These House Rules shall be written via the Executive Committee with the Game Room Chairman heading the Committee. These House Rules will not be subject to Constitution Article X, Sections 1, 2 and By-Laws Article XIII, XIV all Sections. These House Rules will or can be changed/updated at any time and posted in the game room by the Game Room Chairman. *******************************************************************************
House Rules Post 40 American Legion
1. Under authorization of Article XV, Section 1 of the By-Laws, the Executive Board is empowered to prescribe such rules and regulations for the governance of the Post Home as may be necessary.
2. The Lounge Steward (hereinafter referred to as Steward) on duty may expel any member or guest at any time for breaking these rules. Such expulsion will be entered into the “Pass on Book” (hereinafter refereed to as the Stewards Log) and reported to the Game Room Chairman or the Commander before the lounge opens the following day. The Executive Board will review the reason for the expulsion and act on it accordingly.
3. No one, except employees or Post Officers engaged in the pursuit of their official duties, will remain in the Post Home after closing hours. All other members must leave 15 minutes after closing.
4. There will be no chiseling, improper conduct, drinking after the Steward has set the timer deadline or abusive language by any member or guest. Post members or guests acting in a belligerent or pugnacious manner towards other members or guests or acting in a profane, obscene or defamatory manner towards other member or guests will be subject to immediate expulsion pending an investigation of the next Executive Board meeting.
5. The Steward will not sell or allow Intoxicating liquors to be served to anyone who is intoxicated. No person shall give or buy intoxicants for any member or guest who is under the influence or who has been refused additional purchases of drinks by the Steward or whoever is in charge of the bar at the time. Anyone refused service for reason of intoxication must leave the premises immediately. Exception: Waiting for a ride.
6. During regular Post meetings, the bar and game room will be closed and anyone not desiring to attend the meeting must leave the building until the meeting has adjourned. The Steward will give last call at 1845 hrs.
7. Any guest must be accompanied by a member in order to gain entrance to our Post. Guests will not be adopted at the door by a member already present in the Post.
8. When a member has a guest in the Post and is going to leave, the guest must also leave. There will be no passing on of guest to another member.
9. If a member’s guest has cause to be shut off or causes a disturbance to the point that the Steward has to expel that guest, the member may, under some circumstances, be expelled. The member is at all times responsible for his or her guest.
10. Guests are not governed by these rules. Disciplinary measures for guests shall be done on a case by case basis
11. The Steward on duty may ask assistance from any Post Member, if necessary, to help with a situation.
12. Hours of the Lounge will be as follows: Monday thru Thursday 1500 to 2100 Friday 1500 to 2300 Saturday 1200 to 2000 Sunday 1200 to 2000 In the event that there are three or more patrons and activity continues, the Steward should remain open. Last call will be given 15 minutes prior to closing. Stewards have 30 minutes for set up and 30 minutes for tear down. Tear down begins at closing times. In the event that a Steward cannot fill their tour he or she should contact the Game Room Chairman or the Commander as soon as possible.
13. Playing tickets by any employees is forbidden while on duty.
14. During business hours the only one allowed to open the door and allow anyone in is the Steward. If when the door is buzzed and the Steward does not recognize the person at the door he/she will ask a member to investigate the person at the door. Exception to this rule would be during a special event where someone is at the door selling or collecting tickets.
15. Police will not be summoned by anyone except by the Steward on duty.
16. Anyone wanting to make a complaint or file charges of any kind must fill out a complaint form, come to an Executive Board meeting and issue his/her complaint or charge in front of the board or make a sworn statement in front of three (3) Executive Officers. A record will be kept of the complaint or charge by the Adjutant. The committee must investigate and determine if the complaint is justified and move forward with procedures to correct the complaint if warranted, or discharge this complaint and inform the complainant of the determination of the board, whichever path they choose. Under No Circumstances shall the name of the complainant be released unless the individual being complained about demands a hearing then the complainant has the option of dropping the charges or moving forward to bear witness?
17. No one will go behind the bar without permission of the on duty Steward. The only ones allowed behind the bar are those with official Legion business. There are no exceptions.
18. Any official Legion Documents Posted on any Bulletin and or information board will be posted by the Adjutant of the Legion, Adjutant of the SAL or Secretary of the Women’s Auxiliary and will only be removed by the these same people. There is no exception to this rule.
19. All employees of this Post will read these rules completely and if there are any questions ask and they will be answered. Then the employees must print their full name and initial same indicating that they have read them.
20. A member whose dues for the current year have not been paid by January first shall be classed as delinquent and is suspended from all privileges. If his/her dues are paid on or before February first, he or she shall be automatically reinstated. If he or she is still delinquent after February first, he or she shall remain suspended from all privileges. If he or she is still under such suspension on June 13th of such year, his or her membership in the American Legion shall be forfeited. Reinstatement then must be approved by two thirds vote of the members present at any regular convened meeting of the Post and the dues for the current year must be paid. Dues paid at this point will not be for the next year. Active members of the Armed Forces are exempt from this provision.
21. Anyone eligible to join the American Legion, Sons of The Legion or The Legion Auxiliary must do so within a reasonable time or they may be banned from entrance to our facilities. This will be handled on a case by case basis.
22. When there are dances or other entertainment of the sorts, there will absolutely be no pyrotechnics of any kind inside the Post Home. There will be no exceptions.
23. There will be no bare feet allowed inside of the Post Home. This includes bare or stocking feet during dances. This will be strictly enforced by those running the event.
24. The drinking of any beverage on the dance floor is prohibited.
25. Foul and abusive language is strictly forbidden and will not be tolerated. Lewd and or suggestive conduct is also forbidden subject to immediate expulsion from the Post.
26. Post 40 strictly prohibits the possession, sale, dispensation, use or consumption of illegal drugs upon land or in buildings owned by The American Legion Post 40.
27 Anyone in the Post after 1900 hours that is not of legal drinking age, as established by the State of Maine, must leave the building. Exceptions to this will be when there is a special event that would include underage persons that are involved in the event however they should be accompanied by a parent or responsible adult.
28. This post will not be responsible for any alleged unclaimed tickets in any of the machines, buckets or other type containers. It is not the responsibility of this Post to monitor probable winning tickets that have been discarded, intentional or un-intentional. The charts on the wall behind the bar are for reference only and are subject to error. Item 25 in house rules should be strictly enforced because of liability to injury from broken glass, bottles or other debris that may find its way to the dance floor or other places throughout the building. People attending any of our dances should know that they should wear the proper foot ware to avoid any possible injury from debris on the floor. These House Rules were updated …………Feb 2013 ****************************************************************************
This Constitution and By Laws has been reviewed and updated in accordance with said Constitution and By Laws. Presented to the Executive committee on 2 October 2008, approved and sent to General membership. Approved by the General Membership on 14th of February 2013 by a vote of _Unan_, _0__nae.
Attest: By-Laws Committee, ______________________________ Donald Chase By-Laws Committee Chairman
Colin Hewett By-Laws Committee
______________________________ George Draper By-Laws Committee
Deloris Werder Commander 2012-2013