| ARTICLE I—AUTHORITY
These by-laws are in force pursuant to the Constitution of Desmond T. Doss Post 257, Collegedale,
Tennessee.
ARTICLE II—MEMBERSHIP ELIGIBILITY
Every member shall furnish the Post Adjutant with the information needed to prove his or her military
service, dates of service, and type of discharge, to establish eligibility for membership in accordance
with provisions set out in the American Legion Officer’s Guide. American Legion National
Constitution.
ARTICLE III—MANAGEMENT
Section 1. The management of Post 257 is entrusted to the Executive Committee, consisting of all
officers of this post plus the immediate Past Post Commander, plus four other elected at-large
Executive members.
Section 2. Elections – All officers of the Post for the ensuing year shall be elected and certified to the
Department Adjutant not later than five days prior to the announced dates of the Department
Convention. Certification shall be made on forms furnished or prescribed by the Department;
provided that no delegate of any Post shall be seated until such election and certification. As the
annual Convention is in June, in order to comply with this date for election of officers and Executive
Committee members a nominating committee, appointed in February by the current Executive
Committee will present a qualified slate of nominees to members present at a regular post-meeting in
February. Nominations will be accepted from the floor at both the February and March meetings. The
election will be held at the March regular business meeting. Candidates voted into office will assume
their duties July May 1st.
.Section 3. Any vacancy existing in the Executive Committee from causes other than the expiration of
term shall be filled by a majority vote of the remaining members of the committee. The person so
appointed shall hold office for the unexpired term of the committee member he or she succeeds. A
vacancy shall exist when an Executive Committee member is absent for a period considered
detrimental to the interest of the post by the Executive Committee. Absence from three consecutive
meetings of the post and/or the Executive Committee without the Post Commander’s permission shall
be disqualifying. Officer appointments by the Executive Committee shall be voted on by the membership at
the next regular post-meeting.
Section 4. The fiscal year of the post is July 1 to June 30.
ARTICLE IV—EXECUTIVE COMMITTEE
Section 1. The Executive Committee shall be responsible for the management of this post, as
authorized by the post membership. This committee shall meet for organizational business within 30
days after the election of new committee members. Thereafter it meets at the call of the Post
Commander for organization, planning of events and meetings, or such other business as may come
before it. A quorum shall be six (6) Executive Committee members. The commander shall call a
meeting upon the joint written request of five (5) or more Executive Committee members.
Section 2. The Executive Committee shall authorize all expenditures between regularly called
meetings of the membership, including the hiring of employees subject to approval as part of new
business at such called post meetings, and shall require safeguards for all persons having the custody
of post funds.
ARTICLE V—DUTIES OF OFFICERS
Section 1. Officer’s Guide. For a more detailed explanation of the following officers’ duties,
see the American Legion Officer’s Guide or http://www.legion.org/aboutal/off_guide.htm.
Section 2. Post Commander. This is the chief officer of Post 257, responsible for supervising the
business and affairs of the post. The Post Commander presides at all general meetings of the post and
the Executive Committee meetings. The Post Commander is responsible for the production of the
post’s report for the year and recommendations for the ensuing year. These are to be read at the annual
district meeting and forwarded to the Department Adjutant. The Post Commander performs such
other duties as directed by the post. The Post Commander is one of three post officers authorized to
sign checks. The Post Commander will have approval authority for expenditures up to $100.00 per
month as deemed necessary to meet incidental and/or emergency needs.
Section 3. First Vice-Commander. This officer carries out duties outlined in Section 2 of this article
in case of the Post Commander’s absence or disability. The First Vice-Commander assumes other
duties as designated by the Post Commander.
Section 4. Second Vice-Commander. This officer carries out duties outlined in Section 2 of this
article in case of the Post Commander’s and First Vice-Commander’s absence or disability. The
Second Vice-Commander assumes other duties as designated by the Post Commander.
Section 5. Post Adjutant. This officer is responsible for keeping a current, correct file on all
members, including copies of their DD214 documentation and record of service in the post. This
officer keeps minutes of all meetings, renders reports of membership for the annual district meeting,
handles all post correspondence, and keeps such records as required by the Department or National
organizations. The Post Adjutant is one of three officers authorized to sign checks.
Section 6. Post Finance Officer. This officer has charge of collecting, depositing, and disbursing all
post finances, furnishing such safeguards as shall be directed by the Executive Committee. This
officer is one of three officers authorized to sign checks. During each monthly meeting, the Post
Finance Officer reports the post’s financial status, including collections, disbursements, and bank
balances for the period. This officer will make recommendations for necessary fundraising.
Section 7. Post-Historian. This officer keeps a record relating to the founding and continuation of
post activities, centering on the post Scrapbook. Also included are accounts of individual members’
accomplishments in connection with post activities or earlier military service. The Post Historian
delivers an annual report detailing items of historical significance for the year, along with highlights
of members’ service records or other material suitable for building pride in this organization.
Section 8. Post Chaplain. This officer sees to the spiritual welfare of the post comrades, providing
non-sectarian services connected to dedications, funerals, public functions, etc. The Post Chaplain
offers prayer at the beginning of each meeting of the post or Executive Committee. The Post Chaplain
is responsible for the post flower fund and its management.
Section 9. Post-Service Officer. This officer acts as an advisor and guide for veterans and their
dependents, whether members of The American Legion or not, as to the rights and benefits granted
them by law. The Post Service Officer refers them to expert services available through this
organization as well as those of other agencies in the community.
Section 10. Sergeant-at-Arms. This officer preserves order at all meetings, sets up meeting and ritual
areas according to the Manual of Ceremonies, and performs such other duties as the Commander or
Executive Committee may direct.
Section 11. Post Membership Officer. This officer shall have charge of all matters pertaining to the
membership of the Post, including the procuring of new members, reinstatements and eligibility of
members.
Section 12. Post-Public Relations Officer. This officer shall be charged with the promotion of public
support of the Legion’s programs by the establishment of proper contact with The American Legion
Magazine, Department and national Legion news service and by local publicity of Post programs and
activities.
ARTICLE VI—DELEGATES
Delegates and alternates to the Department Convention shall be elected by the post at a regular
meeting held up to three months prior to that convention. The Post will support financially, as funds
available, up to two delegates to attend the Department Convention.
ARTICLE VII—APPOINTMENTS
Section 1. Immediately upon assuming office each year, the Post Commander shall appoint
members and chairpersons of the following standing committees: Americanism, R.O.T.C. Awards,
Boys State, Membership, Oratorical Contest, Nursing Home, Public Relations, and such other
committees as deemed necessary by the post.
Section 2. Duties of these committees shall be as directed by national and departmental
general or specific guidelines, and special instructions from the Post Commander.
ARTICLE VIII—RESOLUTIONS
All resolutions of local, state, or national scope adopted by this post shall merely embody the
the opinion of this post on the subject and a copy of the same will be forwarded to the Department of
Tennessee for its approval before any action or publicity takes place.
ARTICLE IX—MEETINGS
Section 1. The regular meeting of Post 257 shall be held on the fourth Thursday of each month at a
designated standard location or at such a special place as the post shall determine. The business will
normally be transacted during such meetings, but part or all of some may be devoted to entertainment
as determined by the officers of the post.
Section 2. The Post Commander or Executive Committee may call a special meeting at any time,
giving ten days’ notice except in the case of special emergencies.
Section 3. Pursuant to a written request by five post members, the Executive Committee will call a
special meeting of the post.
Section 4. A quorum at a post-meeting shall be seven (7) members or 10% of post membership,
whichever is greater.
Section 5. The Post Adjutant shall cause notice of the annual election meeting to be given at least
fourteen days prior to that meeting.
Section 6. American Legion Auxiliary Unit 257 members, Sons of American Legion Squadron 257
members and American Legion Riders 257 members will attend the regular monthly meeting of the
post. These members may offer comments and suggestions during meetings; however, they may not
participate in the voting proceedings.
ARTICLE X—RULES OF ORDER
All business proceedings of this post will be conducted under Robert’s Rules of Order, except
as herein otherwise provided.
ARTICLE XI—LIMITATION OF LIABILITIES
No liability incurred or caused to be incurred by this post shall subject any other post
subdivision, group of men and/or women, members of The American Legion, or other individuals,
corporations, or organizations to liability.
ARTICLE XII—FINAL DISBURSING OF FUNDS
If this post should be disbanded for any reason other than loss of charter, all assets shall be
liquidated and all indebtedness satisfied with any and all remaining proceeds. disbursed in accordance
with Tennessee Department Constitution Article XI. In the case of charter loss, all assets revert to the
national organization of The American Legion for disposal as they see fit.
ARTICLE XIII—AMENDMENTS
These by-laws may be amended at any regularly called post-meeting by a two-thirds majority
vote of the members present provided that (1) the proposed amendment shall have been submitted in
writing and read at the immediately preceding regularly called meeting, and (2) that a written copy of
the amendment shall have been given to all members at least 14 days in advance of the date of the
regularly called meeting when the amendment is to be voted upon.
These by-laws were amended and approved at a regularly called meeting of Post 257, Collegedale,
Tennessee on this date: January 23, 2020
Dennis E. Smith, Post Commander (signature on file)
Michael W. Earnest, Post Adjutant (signature on file) |
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