KETTERING AMERICAN LEGION POST NO. 598 INC.
OF THE AMERICAN LEGION
DEPARTMENT OF OHIO
January 9, 2023
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
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. 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.
ARTICLE II - MANAGEMENT
Section 1. All vacancies on the Executive Committee or
in any office of the Post from
any cause other than the expiration of the term of office, may be filled by any
regular Post member providing that their appointment is approved 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 2. 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, oversee nomination of candidates for elective offices. Nominations will be accepted from the floor
at this time. A letter of acceptance of nomination may be
presented to the Adjutant for an absent nominee. 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. Officers to be elected include Commander;
First Vice Commander; Second Vice Commander; Adjutant; Finance Officer and
Sergeant-At-Arms. All other positions are appointed by the Commander.
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
ARTICLE IV - POST EXECUTIVE COMMITTEE
Section 1. The Post Executive Committee
shall meet monthly to review financial data, projects, organizational needs, policies, procedures
and other business as may come before it. The Post Executive Committee shall meet within fourteen (14)
days after the installation of the new officers. Thereafter, the Post Executive Committee
shall meet monthly or 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 Post. 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 tolerated. Officer and employees are not permitted to
hold two positions. The Executive Committee shall have oversight 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, shall be
ex-officio member of all Post committees and have management authority over all
Post employees. The Post Commander shall
make an annual report at the General Membership meeting in March of each
year. This annual report shall, at a
minimum, cover/compare the previous year ‘s business, financial
positions/trends, recurring expenses, membership data, review upcoming year’s
budget 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.
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 chairperson
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 and will
be chairperson of the Post Events Coordinating Committee comprised of 2nd
Vice Commanders of SAL, Riders and Post 598 Aux Unit. The 2nd Vice Commander will work
closely with the Canteen and Banquet Manager to coordinate scheduling of all
post events/activities, especially direct support to all Post special meals to
avoid conflicts. He/she shall be
head of the Memorial and
Veterans Day Committees.
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, give membership updates monthly at the meeting, and under the
direction of the Commander handle all Legion correspondence of the Post. The Adjutant shall be a member of the 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). The Adjutant will provide annual certification of the use of our
howitzer to the Army.
Section 5 Duties of Finance Officer. The
Finance Officer of the Post shall see that funds in his/her possession shall be
safely deposited in a local bank, designated 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 or review all checks disbursing the moneys from all accounts. 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 Finance Audit and Operational Oversight
Committees. All nominations to the Finance
Audit and Operational Oversight Committee are to be approved by the Post
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 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. 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 other duties that may pertain to the office as may be
determined by the Post Commander or Executive Committee.
Section 9. Duties of the Judge Advocate. The Judge Advocate shall act as Legal Advisor to
advise the Executive Board on all legal matters, including the instruction and
interpretation of the National, Department and District Constitution, By-Laws and resolutions, and shall perform other duties as
are usually incident to office to include assisting the Commander at monthly
meetings to assure orderly proceedings.
VI: DISCIPLINE (Adapted
from Department By-Laws and Department Uniform Code for the Conduct of
Section1. Each Post of the American Legion,
Department of Ohio, shall be the judge of its own membership, subject to the
restrictions of the National American Legion Constitution and By-Laws and the
Department of Ohio Constitution and By-Laws, except that no person, who is a
member of an organization which has its aim the overthrow of the United States
Government by force violence, or subscribes to the principles of any group
opposed to our form of government, shall be eligible to become or remain a
member of The American Legion.
Section 2. Members may be reprimanded, suspended, or
expelled from The American Legion 598, and officers may be reprimanded, removed
from elected office, or expelled from membership only upon providing the member
due process and a proper showing of cause. Charges shall be based upon
disloyalty, neglect of duties, dishonesty, and conduct unbecoming a member or
officer of The American Legion Post 598. All charges must be made under oath in
writing by an accuser, and no member in good standing shall be reprimanded,
suspended, or expelled, nor shall any elected officer be reprimanded or removed
from office, suspended, suspended, or expelled, until given a fair trial in
such manner and form as the Department Executive Committee shall prescribe in the
Department of Ohio Uniform Code for the Conduct of Disciplinary Proceedings.
The trial proceedings shall be recorded by visual or sound recording or by
verbatim transcription. The trail board verdict shall be announced at the next
regular membership meeting of the post membership, whereupon the membership
may, except in the case of an acquittal, - affirm, modify, or reverse the
findings and sentence of the trial board.
Section 3. If the accused is suspended or expelled
or is removed from office, the accused person may appeal such decision to the
Department Executive Committee. Said appeal must be filed with the Department
Adjutant with thirty (30) days of the decision of the post membership on the
trial verdict. The Department Executive Committee shall hear the appeal, with
the Department Judge Advocate presiding, and determine the issue at its meeting
next following the action of the Post. The Department Executive Committee shall
conduct its hearing solely upon the evidence considered by the trial board, and
oral argument of the parties. The decision of the Department Executive
Committee shall be final, if appeal to it be made; otherwise, the decision of
the Post shall be final. The Post 598 Executive Committee shall appoint a
member of the Post Executive Committee shall appoint a member or members of the
Post or retain a counsel to prosecute the charges and the disciplined member
may be represented by a person or by counsel of their own choosing.
Section 4. Procedures as to removal from officer of
County, District and Department elected officer. Charges shall be filed in
writing, under oath, with the Department Adjutant. The Department Executive
Committee shall appoint a trial board and the matter shall proceed to the trial
in substantially the same form and manner as set forth in the Department of
Ohio Uniform Code for the Code of Disciplinary Proceedings. The trial verdict,
except in the case of acquittal, shall be presented to the Department Executive
Committee for affirmation, modification, or reversal. The decision of the
Department Executive Committee shall be final. Nothing herein shall deprive the
accused persons’ post jurisdiction to hear and determine charges against any of
its members. Insofar as it may related to expulsion or suspension of membership
of removal from post office. (Amended 102nd Department Convention
ARTICLE VII – 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 VIII – APPOINTMENTS
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 Chairpersons,
as necessary, 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 Rules Committee shall consist
of five (5) members, namely the Post Commander, the Canteen 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 Operational Oversight Committee shall consist of at
least three (3) veteran members serving staggered three (3) year terms who
shall be recommended by the Finance Officer and 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 Operational Oversight Committee. The
Operational Oversight Committee shall meet each year within fourteen (14) days
after installation of the Post Officers for the purpose of organizing by
electing a Chairperson. Thereafter, the Operational
Oversight Committee shall meet as often as deemed necessary, but not less than
once each quarter. The Operational Oversight
Committee shall conduct in depth reviews of all operations of the Post; seek
input from other representative non-veteran members and make recommendations as
appropriate to the Executive Committee to improve operations to maintain a safe
inviting environment and positive cash flow to sustain the Post. Any member of the Operational Oversight
Committee who misses two (2) meetings without justification shall resign
Section 6. The Finance Audit Committee shall consist
of three (3) members serving staggered three (3) year terms who shall be
recommended by the Finance Officer and 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 Finance
Audit Committee. The Finance Audit Committee shall meet each year within fourteen
days (14) after installation of the Post Officers for the purpose of organizing
by electing a Chairperson. Thereafter,
the Finance Audit Committee shall meet as often as deemed necessary, but not
less than monthly to review the prior month’s financial activities. This review will be to audit Post funds and
transactions including but not limited to the general fund, all accounts, and
all other sources of revenue deemed necessary for the welfare and advancement
of the Post. A comprehensive audit shall
be completed in April of each year prior to installation of new Officers. The Executive board shall review and approve
the audit at the April Executive Committee meeting. The findings from the
approved annual” Audit” will be presented at the May membership meeting for
information and approval.
ARTICLE IX – BUILDING
1. Building Committee shall consist
of five (5) members appointed by the Post Commander with approval by the
Executive Committee. The term of office
for one member shall expire each year and none shall serve more than five
consecutive years, it being the desire of the Post that membership shall
rotate. An election shall be held among
the members for a chairman. Meetings of said members shall be called by the Chairman. The Building Committee shall be responsible
to and subordinate to the Executive Committee.
Section 2. Building Committee members shall be
in charge of the preservation, maintenance and repair of property,
furniture, furnishings and other equipment belonging to the Post.
Section 3. Building Committee Chairman 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 X – 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 $7,500.00 is proposed,
the Commander must have the expenditure reviewed and approved by the Post
Executive Committee. If/when there is expenditure
in excess of $12,500.00 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.
(Expenditure amounts shall be adjusted annually by the Consumer Price
ARTICLE XI – 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 meetings as a regular meeting. Ten (10) Post members shall constitute a
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.
3. Upon a written request of ten
(10) Post members, the Executive Committee shall call a special membership meeting
of the Post at any time.
ARTICLE XII – NOTICES
1. Every member shall furnish the
Post Adjutant with his/her correct mailing address, email address (if
applicable) 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. Email
addresses may be used to make special notifications or promote important
events. 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 XIII – AMENDMENTS
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 the 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 January 9, 2023 These By-Laws supersede any and all previous versions of American Legion Post 598
Neil Dunnington Joe Law
Vice Commander Second Vice
Commander Finance Officer
Betsy Law James O’Neil
Past Commander Past Commander