AMERICAN LEGION
TARDIFF-BELANGER POST NO. 39
BY-LAWS
ARTICLE I - NAME and MEMBERSHIP
Section 101.The Post existing under these By-Laws is to be known as Tardiff-Belanger Post No. 39, The American Legion Department of Maine.
Section 102.The objects of this Post are as set forth in the Constitution of The National American Legion. The Post shall be subject to the Constitutions and By-Laws of The National American Legion and The Department of Maine.
Section 103. Eligibility for membership shall be determined by Article IV of the National Constitution of the American Legion.
Section 104. All members of the Post shall be equals and there will be no rank, either military or civilian among the membership.
Section 105. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking political office.
ARTICLE II - ORGANIZATION
Section 201. The governing body of this Post is the general membership. In absence of specifically delegated responsibilities, all decisions by general membership will prevail.
Section 202. The day to day management of the Post is entrusted to an Executive Committee of eight (8) members, to be known as the “Executive Committee”.
Section 203. All vacancies existing in the Executive Committee, or any office of the Post, except commander and 1st Vice Commander, from any cause other than expiration of the term, shall be filled by a majority vote of the remaining members of the Executive Committee, and a person so appointed shall hold office for the balance of the term of the member of the committee or office whom he succeeds. A vacancy shall exist when a member or an officer has deceased or is absent from five (5) consecutive meetings without a valid excuse.
Section 204. The Executive Committee shall develop policies and procedures for the management of the post. The policies and procedures shall be posted in a prominent place at the Post for view by any member of the Post.
Section 205. The American Legion Auxiliary will be recognized as stated in the Constitution of the American Legion, Department of Maine, Article VI.
Section 206. The Sons of the American Legion (SAL) will be recognized as stated in the Constitution of the American Legion, Department of Maine, Article VII. A Post Officer shall be an advisor to the SAL.
Section 207. The Legion Riders will be recognized as stated in the Constitution of the American Legion, Department of Maine, Article VIII.
ARTICLE III - EXECUTIVE COMMITTEE
Section 301. The Executive Committee shall consist of two (2) at large members in addition to the Commander, 1st Vice Commander, 2nd Vice Commander, Adjutant, Finance Officer and the immediate Past Commander. The immediate Past Commander shall serve without election during the first year of the Commanders term. If a Commander is elected to subsequent consecutive terms a third at large member of the Executive Committee will be elected by members of the post at the annual election. Each member shall have one vote. The Executive Committee, together with the other Officers of this Post, shall be elected annually on the first (1) Monday in March and take office at an Installation Meeting prior to the regular May Meeting. All elections of Officers and Executive Committee persons shall be by ballot and the candidates receiving the highest number of votes shall be elected to the office or offices for which they are candidates.
Section 302. The Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander within fifteen (15) days after the installation of the new Officers. Thereafter, the Executive Committee shall meet in advance of each regular Post meeting and as often as said Commander may deem necessary. A quorum of four (4) members of the Executive Committee is necessary for any vote to be taken by the Executive Committee. The Commander shall call a meeting of the Executive Committee upon the request of any member of the Executive Committee. If a decision of the Executive Committee needs to be made before the next scheduled meeting of the committee, the Commander may take a telephone poll of Executive Committee members. The results of the telephone vote will be included in the minutes of the next held Executive Committee meeting. The minutes of all Executive Committee meetings shall be recorded and reported at the next regular membership meeting
Section 303. At the first Executive Committee meeting following installation of new officers a Finance Committee shall be organized. The Finance Committee shall consist of the 1st Vice Commander, the 2nd Vice Commander and a third Executive Committee member appointed by the Commander. The Finance Committee shall audit the post financial records at least once each year or as often as the Executive Committee deems necessary.
Section 304. The Executive Committee shall hire and terminate such employees as may be necessary.
- a) The Commander has the authority to temporarily terminate an employee until reviewed and confirmed by the Executive Committee.
- b) All hire and terminations shall be reported to the membership at the next regular meeting.
Section 305. The Executive Committee shall review all expenditures, beyond normal operating expenses, and shall present said expenditures, with recommendation, to the membership for approval at the next regular meeting.
- a) The Executive Committee may approve said expenditures for the months of June and July and shall report all approved expenses to the membership at the next regular meeting.
Section 306. The Executive Committee shall require adequate bonds from all persons having custody of Post funds; shall hear the reports of all appointments and Post Committee’s Chairperson; and generally, shall have charge of and be responsible for the management of the affairs of this Post.
ARTICLE IV - DUTIES OF OFFICERS
Section 401. Duties of the Commander: It shall be the duty of the Commander to preside at all meetings of the Post and to have general supervision over the business and affairs of the Post and such officer shall be the Chief Executive Officer of the Post. The Commander shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the year and a copy thereof forwarded to the Department Adjutant. The Commander shall perform such other duties as directed by the Post. The Commander shall have authority to make day-to-day decisions concerning management of the Post and shall report these decisions to the Executive Committee.
Section 402. Duties of the 1st Vice Commander: The 1st Vice Commander shall assume the office of the Commander if the position becomes vacant for any reason, or when called upon by the Commander, and shall perform such other duties as are usually incident to the office.
Section 403. Duties of the 2nd Vice Commander: The 2nd Vice Commander shall assume the office of the 1st Vice Commander or Commander if the position becomes vacant for any reason, or when called upon by the Commander, and shall perform such other duties as are usually incident to the office.
Section 404. Duties of the Adjutant: The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings; keep such records as Department and National may require, render reports of membership annually or when called upon at a meeting, and under the direction of the Commander, handle all correspondence of the Post, and shall perform such other duties as are usually incident to the office.
Section 405. Duties of the Finance Officer: The Finance Officer shall have charge of all the finances and see that they are safely deposited in some local bank or banks. The Finance Officer, or agents duly authorized by the Executive Committee, shall sign all checks disbursing the monies of the Post. The Finance Officer shall furnish such surety bonds in such sum as shall be fixed by the Executive Committee. The Finance Officer shall have the authority to pay all recurring obligations of the Post generated by the normal operations of the Post business. The Finance Officer shall report on the financial position of the Post to the Executive Committee and the Post Membership with such recommendations as the Finance Officer may deem expedient or necessary for raising funds with which to carry on the activates of the Post.
Section 406. Duties of the Service Officer: The Service Officer shall be in charge of administration of all matters pertaining to the relation of veterans to the Veterans Administration, and such matters that pertain to rights and benefits for veterans and their families of this Post, and shall perform such other duties as are usually incident to the office.
Section 407. Duties of the Historian: The 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 the Executive Committee, and shall perform such other duties as are usually incident to the office.
Section 408. Duties of the Chaplain: The 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 are recommended by National or Department Headquarters from time to time, and shall perform such other duties as are usually incident to the office.
Section 409. Duties of the 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 Commander, and shall perform such other duties as are usually incident to the office.
ARTICLE V - DELEGATES
Section 501. Delegates and alternates to a Department Convention shall be elected by ballot by the Post at a regular meeting to be held at least twenty (20) days prior to the date of the convention.
Section 502. The outgoing Commander and the newly elected Commander are automatic delegates. The outgoing Commander is head of the delegation.
ARTICLE VI - APPOINTMENTS
Section 601. The Commander, with the recommendation of the Executive Committee shall appoint any committee that he deems necessary for the operation of the Post. A policy and procedure will be developed for each appointed committee.
Section 602. The Commander shall name other appointments the Commander deems advisable, subject to ratification by the Executive Committee at its next meeting succeeding the appointment.
ARTICLE VII - RESOLUTIONS
Section 701. All resolutions of State or National scope presented to this Post by a member or reported to this Post by a committee shall merely embody the opinion of this Post on the subject and a copy of same shall be forwarded to the Department Headquarters for its approval before any publicity is given or action other than mere passage by the Post is taken.
ARTICLE VIII - MEETINGS
Section 801. The regular meeting of this Post shall be held at the Post Home on the 1st Monday of the month, except for July and August, when there will be no meeting. When a legal holiday falls on the 1st Monday, or a regular meeting has been cancelled, the meeting will be held on the 2nd Monday of the month, or which may be deemed advisable by the Executive Committee.
Section 802. The Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post at any time.
Section 803. Upon written request of ten (10) members, the Executive Committee shall call a special meeting of the Post.
Section 804. Ten (10) members shall constitute a quorum for a regular membership meeting.
ARTICLE IX - NOTICES
Section 901. Every member shall furnish the Adjutant with his or her address for mailing purposes.
Section 902. The Adjutant shall cause notice of the annual election to be given at least two (2) weeks prior thereof.
ARTICLE X - RULES OF ORDER
Section 1001. All proceedings of this Post shall be conducted under the pursuant to Robert’s Rules of Order, except as herein otherwise provided. A two thirds (2/3) vote of the membership attending any meeting will allow suspending of the rules.
ARTICLE XI - LIMITATIONS OF LIABILITIES
Section 1101. This Post shall incur, or cause to be incurred, no liability nor obligations whatever which shall be subject to liability any other Post subdivision, group of men, members of the American Legion, or other individuals, corporation or organizations.
ARTICLE XII - AMENDMENTS
Section 1201. These By-Laws may be amended at any Post meeting by two-thirds of the members of said Post attending such meeting; providing that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post; and provided, further, that written notice shall have been given to all members at least ten (10) days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the By-Laws is to be voted upon.
These By-Laws, as amended, were accepted at a regular meeting of this Post on December 2, 2013.
Commander - H.Ralph Withee, 1st Vice Commander - Jeffrey Drew,
2nd Vice Commander - John Doucette, Adjutant - Leroy Welch