Post 257 By-laws
As Amended and Approved January 25, 2024 ARTICLE I—AUTHORITY These by-laws are in force pursuant to the Constitution of Desmond T. Doss Post 257, Collegedale, Tennessee. This revision supersedes the previous version dated January 23.2020. ARTICLE II—MEMBERSHIP ELIGIBILITY Members 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 of The American Legion National Constitution and By-Laws, 2022. ARTICLE III—MANAGEMENT Section 1. The management of Post 257 is entrusted to the Executive Committee, consisting of all post officers 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 shall be seated until such election and certification. As the annual convention is in June, 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 the membership 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 1st. The position of post commander requires the nominee to have served a continuous minimum of two years on the executive committee of Post 257. 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. The quorum shall be five (5) 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 such as security bonding for all persons having custody of post funds. ARTICLE V—DUTIES OF OFFICERS Section 1. Officer’s Guide. For a more detailed explanation of the following officers’ duties, refer to The American Legion Officer’s Guide. 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 presented 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 and 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; under direction of the post commander 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 shall make recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the post. Section 7. Post Historian. This officer keeps a record relating to the founding and continuation of post activities, via a scrapbook and/or the post website. 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 within the post. 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 post’s programs by the establishment of proper media contact with The American Legion Magazine, Department and National Legion news services and by local media 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, JROTC Awards, Boys State, Oratorical Contest, Nursing Home, 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. Post business will normally be transacted during such meetings, but part or all of some may be devoted to programs 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 twelve (12) qualified members. 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 any indebtedness satisfied with remaining proceeds. 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 25, 2024. END
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