KETTERING AMERICAN LEGION POST NO. 598 INC.

 

OF THE AMERICAN LEGION

 

DEPARTMENT OF OHIO

March 3, 2014

 

 

ARTICLE I

 

Section 1.     The government and management of the Post is entrusted to a Committee of eight members to be known as “Executive Committee,” subject to the actions of the members of the Post in regular meetings.

 

Section 2.     The Executive Committee shall consist of two most immediate past commanders in addition to the six elective officers of the Post.  The most immediate past commander shall automatically serve two years on the Executive Committee when he/she leaves office.  In the event that a vacancy occurs on the Executive Committee for one of the two past Commander Positions, their vacant position(s) can be filled by any Regular Post Member providing their appointment is approved by the Post Executive Committee and at the General Membership meeting.

 

ARTICLE II - MANAGEMENT

 

Section 1.     The government and management of the Post is entrusted to a Committee of eight members to be known as the “Executive Committee,” subject to the actions of the members of the Post in the regular meetings

 

Section 2.    The Executive Committee shall consist of the two most immediate past Commanders in addition to the six elective officers of the Post.  The most immediate past Commander shall automatically serve two years on the Executive Committee when he/she leaves office.  If there is a vacancy on the Executive Committee associated with one of the past Commanders, a new Executive Committee Member can be nominated for appointment even if he/she has not served as a past Commander.  In the event that a vacancy occurs on the Executive Committee for one of the two past Commander positions their vacant position(s) can be filled by any Regular Post Member providing their appointment is approved by the Post Executive Committee and at the General Membership meeting.  Any nominee to the Executive Committee will be approved by the sitting Executive Committee members and the Commander before a proposed appointment is brought before the Post members assembled at a regular meeting. 

 

Section 3.     All vacancies in the Executive Committee or in any office of the Post from any cause other that the expiration of the term of office, shall be filled by a majority vote of the remaining members of the Executive Committee within fourteen days from the date such office becomes vacant.  A person so appointed shall hold office for the unexpired part of the term.  All vacancies of office or positions filled by appointment shall be with the approval of members assembled at a regular meeting.

 

Section 4.       The resignation of a Post Officer or Executive Committee member shall happen in one of three ways:  (1) Written notice presented to the Commander, (2) Verbal resignation at the Executive Committee Meeting or the members at a regular meeting or (3) The absence from three (3) consecutive meetings without prior notification and approval of the Executive Committee.

 

ARTICLE III - ELECTION OF OFFICERS

 

Section 1.        A nomination and election committee of three (3) regular post members appointed by the Commander, with the approval of the Post Executive Committee, shall at the regular meeting in April, present a slate of candidates for elective offices.  Nominations shall also be accepted from the floor at this time.   No new nominations will be accepted after this date unless there is a Post office that does not have a nominee identified for a position. 

 

Section 2.       Elections shall be by ballot, annually, at the first regular meeting in May.  Balloting shall start with the opening of the business day and conclude (1) hour prior to the regular meeting.   In the event that there are no nominees for an office, nominations will be reopened for that specific vacant office at the regular meeting.

 

Section 3.       Installation of the newly elected officers shall be held as soon as practical, but prior to the Department Convention. 

 

ARTICLE IV - POST EXECUTIVE COMMITTEE

 

Section 1.       The Post Executive Committee shall meet for to review financial data, projects, organizational needs, policies, procedures and other business as may come before it at the call of the Post CommanderThe Post Executive Committee shall meet within ten (10) days after the installation of the new officers.  Thereafter, the Post Executive Committee shall meet at the call of the Commander as often as said Commander deems necessary.  The Commander shall call a meeting of the Post Executive Committee upon the joint written request of three (3) or more members of the said committee.  Five members of the committee shall constitute a quorum. 

 

Section 2.       The Post Executive Committee shall review and approve the hiring, replacement or dismissal of any employee of the PostAll Post employees, that are eligible, must be a member (Regular, SAL or AUX) of Post 598.  Hiring preferences will be given to Post members. Any employee having access to or custody of Post funds shall be bonded.  All Officers and employees of the Post shall have a limited background check annually, via County and State free on-line data bases.  The hiring of relatives of existing Post Officers and/or Post Managers will be prohibited.  Likewise, the hiring of “friends” shall be discouraged.  Favoritism, nepotism and unfair employment or management acts shall not be toleratedThe Executive Committee shall have control of all funds of the Post and all sources of revenue.  The control of the funds shall be exercised by and through the Finance Officer and Commander as herein provided in article five (5). 

 

ARTICLE V - 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, have general supervision over the business/affairs of the Post, shall approve all orders directing the disbursement of Post funds, and have management authority over all Post employees.  The Post Commander shall make an annual report at the General Membership meeting in January of each year.  This annual report shall, at a minimum, cover/compare the previous year‘s business, financial positions/trends, recurring expenses, membership data, and plans or recommendations for the upcoming year.  The Post Commander is under the general guidance of the Executive Board and shall perform other duties as provided by or implied by the provisions of the Constitution and By-Laws of the Post.  The Commander shall be the focal point and lead for the Ohio Veteran Barbeque Cook-off.

 

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 of, or when, called upon by the Post Commander and shall be the chairman of the Membership Committee.  The First Vice shall be the advisor to the SAL

 

Section 3.       Duties of the Second Vice Commander.  The Second Vice Commander shall be responsible for assisting the Commander in all his/her duties.  The Second Vice interests shall be in the patriotic observances of all kinds, in developing Post activities, and in entertainment features which mark all meetings help all members observe strict tolerance on all political, religious and industrial matters.  The application of justice shall be his/her particular concern.  The Second ViceHe/she shall be head of the Memorial Day Committee and provide anal certification of the use of our howitzer to the Army.

 

Section 4.       Duties of the Adjutant.  The Adjutant shall have charge of and keep a full correct record of all proceedings of all meetings, keep records as the Department and National organizations may require, read reports of membership annually when called upon at a meeting, and under the direction of the Commander handle all correspondence of the Post.  The Adjutant shall be a part of the part of Boys State and Americanism Committees.  The Adjutant will also be completely responsible for the yearly Department Convention (including the submittal of award narratives/applications to the Department).

 

Section 5        The Finance Officer of the Post shall see that funds in his/her possession shall be safely deposited in some local bank or bands, designation by the Executive Committee and shall report once a month at a Post meeting the conditions of the finances of the Post.  He/she shall sign all checks disbursing the moneys of the general fund.  He/she shall transfer such moneys to the Building Trustees as ordered by the Executive Committee and authorized by these By-Laws.  He/she shall be furnished such security bond in such a sum as shall be fixed by the Post Executive Committee.  The Finance Officer shall be responsible for nominating individuals and staffing the Oversight Committee.  All nominations to the Oversight Committee are to be approved by the Post Executive Board.

 

Section 6.       Duties of the Sergeant-at-Arms.  The sergeant-at-Arms shall be responsible for the outer guard of their Post.  He/she shall be strict to demand a visitor’s passport of membership card.  He/she shall be ready at all times to assist the Commander.  He/she shall be in charge of the stand of colors which shall be displayed at the Post meetings and ceremonial occasions.  He/she shall learn the identity of and introduce to the Commander all visiting comrades and guests of the Post. The Sergeant-at-Arms shall be responsible for ensuring that all colors/flags on display at the Post are in serviceable condition.  Those flags that are deemed to be unserviceable or damaged shall be replaced and retired.

 

Section 7.       Duties of the Post Chaplain.  The Post Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian service in the event of dedications, funerals, public function, etc., adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time.  The Post Chaplin can, at his/her choosing, attend Executive Board meetings to keep up-to-date on Post activities and to share in the discussion of Post issues.  The Post Chaplain is an appointed position, not elected, and as such is not a voting member of the Post Executive Committee.

 

Section 8.       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 or Executive Committee. 

 

Section 9.       Duties of the Judge Advocate.  The Judge Advocate shall act as Legal Advisor and Attorney for the Post.  The Judge Advocate shall Chair an audit committee, of at least three (3) members, who will audit all Post funds including but not limited to the general fund, lounge, activities room, and all other sources of revenue deemed necessary for the welfare and advancement of the Post.  One such audit shall be completed prior to installation of new Officers.  The Executive board shall review, approve and present ”Audit” to the membership for acceptance. 

 

ARTICLE VI – DELEGATES

 

Section 1.       Delegates and Alternates to a Department Convention shall consist of the Post Commander, First Vice Commander, Second Vice Commander, Adjutant, Finance Officer, Sergeant-at-Arms and Two (2) immediate Past Commanders while others, if required, shall be nominated and approved at a regular meeting of the Post to be held at least twenty days prior to the date of such convention.

 

ARTICLE VII – APPOINTMENTS

 

Section 1.       The Post Commander, at the organization meeting of the Post Executive Committee with the advice and approval of said Committee, shall appoint the following Standing Committee Chairman;  Americanism, Buckeye Boys State, Scholarship, Gifts for Yanks, Child Welfare, Building, Hospital, Memorial Day and Rules Committee.  The committee chairman shall have the authority to appoint such members as may be necessary.  Standing committees may be abolished or new ones created by majority votes of the Executive Committee.

 

Section 2.       The Americanism Committee shall arrange for the presentation of the Post at District Conferences: be familiar with the national program of Americanism and keep the Post informed thereon.  It shall secure information concerning subversive activities in the community.

 

Section 3.       The Memorial Day Committee shall plan for the observance of Memorial Day and present such plan to the Post meeting in April.

 

Section 4.       The Rule Committee shall consist of five (5) members, namely the Post Commander, the Lunge Manager and three (3) Post Members, appointed by the Commander, with the approval of the Executive Committee, each year.  The three (3) members shall not be Officers, nor shall they hold any other Committee appointments, of the Post.  The duties of this Committee are to encompass Post rules infractions by Post members, and/or their guest, which shall be discussed with the Executive Committee, at which time recommendations for changes to the rules may be offered.  Infractions must be in writing to a Post Officer.  This Committee shall be subordinate to, and will report to the Post Executive Committee.

 

Section 5.       The Oversight Committee shall consist of three (3) members serving staggered three (3) year terms who shall be appointed by majority vote of the Executive Committee at their organization meeting following the installation of officers.  The Finance Officer shall be an ex-officio member of the Oversight Committee.  The Oversight Committee shall meet each year within ten (10) days after installation of the Post Officers for the purpose of organizing by electing a Chairman.  Thereafter the Oversight Committee shall meet as often as deemed necessary, but not less than once each calendar month.  The Oversight Committee shall assist the Executive Committee in maintaining the financial health and stability of the Post through strategic planning.  The Oversight Committee shall conduct in depth reviews of all operations of the Post and make recommendations as appropriate to the Executive Committee to improve operations and maintain a positive cash flow to sustain the Post.  Any member of the Oversight Committee who misses two (2) meetings without justification shall resign his/her position.

 

 

ARTICLE VIII – BUILDING

 

Section 1.       Building Trustees shall consist of five (5) members appointed by the Post Commander with approval by the Executive Committee.  The term of office for one trustee shall expire each year and none shall serve more than five consecutive years, it being the desire of the Post that Trustee membership shall rotate.  An election shall be held among the Trustees for a chairman and treasurer.  Meetings of said trustees shall be called by the Chairman.  The Building Trustees shall be responsible to and subordinate to the Executive Committee.

 

Section 2.       Building Trustees shall be in charge of the preservation, maintenance and repair of property, furniture, furnishings and other equipment belonging to the Post.

 

Section 3.       Building Trustees shall make a monthly report on the status of the building and property, as deemed necessary by the chairman, or as request by the Post Commander.

 

ARTICLE IX – FINANCIAL

 

Section 1.       Membership dues of the Kettering Post No. 598 shall be set by the Executive Committee and approved by the membership present at the first meeting after the Department Convention each year, if a change from the previous year dues has been requested

 

Section 2.       When a proposed expenditure in excess of $5,000.00 is proposed, the Commander must have the expenditure reviewed and approved by the Post Executive Committee.  If/when there is expenditure in excess of $10,000.00 proposed, the Commander must have the expenditure reviewed and approved by the Post Executive Committee and then the proposed expenditure must be opened for discussion at least two times in a General Membership meeting.  A vote for approval/disapproval shall take place at the second General Membership meeting when the expenditure is opened for discussion. 

 

ARTICLE X – MEETINGS

 

Section 1.       The regular meeting of the Post shall be held at least once each month at which time may be transacted such business as may properly be brought up for action.  The Post Commander may designate any postponed meeting as a regular meeting.  Ten (10) Post members shall constitute a Quorum.

 

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

 

Section 3.       Upon a written request of ten (10) Post members, the Executive Committee shall call a special meeting of the Post.

ARTICLE XI – NOTICES

 

Section 1.       Every member shall furnish the Post Adjutant with his/her correct address and phone number.  This information is not to be made public.  Membership addresses are needed for mailing purposes and their phone numbers may be needed for emergency and/or verbal communication purposes when mailing attempts are not successful.  This data is intended for official use by Post Officers only.

 

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

 

 

Section 3.       All Post records are to be kept at the Post.  No official Post documents are to be kept, filed or maintained outside the Post.  This includes data or information that may be in the form of paper copies, digital data, or any other type of media. 

 

ARTICLE XII – AMENDMENTS

 

Section 1.       These By-Laws may be amended at any Post meeting by vote of two-thirds of the members of this Post attending such regular meeting, provided that the proposed amendment shall have been submitted in writing and read at eh next preceding meeting of this Post, and provided further, that notice shall have been given to all members at least twenty (20) days in advance of the date when such amendment is to be voted upon.

 

These By-Laws ratified by vote of members at regular Post meeting March 3, 2014.  These By-Laws supersede any and all previous versions of American Legion Post 598 By-Laws.

 

Signed:

 

 

 

Rick Brophy
Joe Law  
Terry Brooke
Commander First Vice Commander Finance Officer



Betsy Law    
James O’Neil James Schwieterman
Adjutant 
Sgt.-at-Arms Executive Board Member



Gavin Long

Past Commander