American Legion Deer Park Post 319

Constitution & By-Laws

THE AMERICAN LEGION
DEPARTMENT OF TEXAS
DEER PARK POST 319

CONSTITUTION

ARTICLE I.
NAME
The name of the Post shall be: {Deer Park Post 319} The American Legion Department of Texas.

ARTICLE II.
OBJECTS

The objects of this post shall be: To uphold and defend the constitution of the United States of America; To maintain law and order; To foster and perpetuate a one hundred per cent Americanism; To preserve the memories and incidents of our association in the great wars; To inculcate a sense of individual obligation to the community, state, and nation; To make right the master of might; To promote peace and good will on earth; To safeguard and transmit to posterity the principles of justice, freedom and democracy; To consecrate and sanctify our comradeship by our devotion to mutual helpfulness.

ARTICLE III.
NATURE

SECTION 1. This post is a civilian organization and membership therein does not affect nor increase liability for military or police service.
SECTION 2. This organization shall be absolutely non-political and non-sectarian, and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.
SECTION 3. Rank does not exist in the American Legion: no member shall be addressed by military or navel title in any meeting of post 319

ARTICLE IV.
MEMBERSHIP

SECTION 1. Eligibility for membership in this post shall be as prescribed by the National Constitution and By-Laws of the American Legion.
SECTION 2. There shall be no form of class or membership except an active membership as herein provided.
SECTION 3. Application for membership in this post shall be made in writing under such regulations as may from time to time be prescribed by the executive committee of this post. All applications for membership, including transfers shall be investigated by a committee of not less than three members appointed by the post commander, reported to and passed on by the executive committee of this post.
All applications for membership in the post shall be acted upon at the next post membership meeting following the making of the application and the action of the executive committee and shall at such meeting be accepted, rejected, or referred for further investigation and consideration. If a majority or more of the post membership cast their vote against the acceptance of such application then such application shall be recorded as rejected.
SECTION 4. A member of this post may be admonished, reprimanded, suspended or expelled as provided in article VIII of the Constitution and in the uniform code of procedures of the American Legion, Department of Texas as same may be amended.
SECTION 5. Any officer or executive committeeman may be removed from office for cause due to conduct unbecoming a legionnaire, after a thorough investigation has been made and facts brought before the post executive committee. A two-Thirds vote of the executive committee is required to effect removal. The membership shall be entitled to be present at post executive committee meeting without voice or vote. The decision of the post executive committee shall be subject to the approval or reversal of the post membership at the next regular post meeting where a quorum is present.

ARTICLE V.
OFFICERS

SECTION 1. The administrative affairs of post 319 of the American Legion, shall, except as may be otherwise provided in the By-Laws, be under the supervision of an executive committee, which shall consist of: All officers of the post and two executive committee members who are not officers. This post, by its by-laws, may provide for such standing committees as the business of the organization may require.
SECTION 2. The officers of the Post shall be: Commander, First Vice-Commander, Second Vice-Commander, Adjutant, Finance Officer, Historian, Chaplain, Service Officer, Judge Advocate, Public Relation Officer, and Sergeant-at-Arms.
SECTION 3. Election of officers and two executive committee members shall be held at the regular post meeting in the month of May each year. The installation of officers shall be held at the regular post meeting in the month June
SECTION 4. In case of vacancy in any office for any cause, the said vacancy shall be filled at any regular meeting provided at least five (5) days notice of such election be given to the members.
SECTION 5. Every member in good standing shall be eligible to hold office in the post unless otherwise provided herein.
SECTION 6. The duties of the officers, executive committeemen and the chairman of the house committee shall be those usually appertaining to such officer and as further provided in the by- laws.

ARTICLE VI.
FINANCE – FISCAL YEAR

SECTION 1. The revenue of this post shall be derived from annual membership dues and from such other sources as may be approved by the post executive committee.
SECTION 2. Annual dues shall be as prescribed by the post and shall be payable on or before October 20th of each year for the succeeding calendar year. Following the calendar year, a member becomes delinquent for non-payment of dues by January 1st, and if he/she continues delinquent, he/she loses all privileges by February 1st, and his/ her membership is forfeited on March 1st , if still delinquent.
SECTION 3. The amount of such membership dues shall be determined and fixed by the post.
SECTION 4. The post shall pay to department headquarters the department and national membership dues for every member of this post.
SECTION 5. The fiscal year shall end with the installation of the newly elected officers, and the new fiscal year shall begin as the new officers assume their duties on the last day of June.

ARTICLE VII.
HEADQUARTERS

Post 319 is located in the City of Deer Park, County of Harris, State of Texas.

ARTICLE VIII.
AMERICAN LEGION AUXILIARY

SECTION 1. This post recognizes an auxiliary organization to be known as the auxiliary unit of the Deer Park Post 319, The American Legion.
SECTION 2. Membership in the Auxiliary shall be as prescribed by the national constitution of the American Legion and by the national constitution of the American legion auxiliary.
ARTICLE IX.
REAL PROPERTY

Real property owned by the post may be sold, leased or otherwise disposed of, where control of said property is involved, at any regular meeting by vote of two-thirds of the post members attending a regular meeting provided that the proposal shall have been submitted in writing, after approval by a majority of the executive committee and further after approval by majority of the board of trustees, and read at preceding regular meeting of the post, and provided further that notice shall have been given all members by mail at least fifteen day in advance of the date when such proposal is to be voted upon and that notice is given in the local press and radio and that it is posted on the post bulletin board in the same time limits prior to the actual voting on the proposal.

ARTICLE X.
AMENDMENTS

SECTION 1. This Constitution is adopted subject to the provisions of the National Constitution of the American Legion and of the Department of Texas Constitution of the American Legion. Any amendment to said national and department constitutions which is in conflict with any provisions hereof shall be regarded as automatically repealing of modifying the provisions of this constitution to the extent of such conflict.
SECTION 2. This constitution may be amended at any regular post meeting by a vote of two-thirds of members of said post attending such regular meeting, Provided that the proposed amendment shall have been submitted in writing and read at the next regular meeting of said post: and providing further that written notice shall have been mailed to all members at least five (5) 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 constitution of this post is to be voted on.
SECTION 3. This constitution, as adopted, cancels and supersedes all previously adopted constitutions of Post 319.

The American Legion
Department of Texas
Deer Park Post 319

BY-LAWS

Article I
Name

SECTION 1. The Post existing under these By-laws is to be known as Deer Park Post 319, The American Legion, Department of Texas.

SECTION 2. The objects of this Post are set forth in the Constitution.

Article II
Management

SECTION 1. The government and management of the Post is entrusted to an executive committee which is made up of the officers of the post, the immediate past commander, and the two elected executive committee members of the post. These officers and the executive committeemen shall be elected annually as provided in Article V, Section 3 of the constitution and shall take office immediately upon installation.

Article III
Post Executive Committee

SECTION 1. The Post Executive committee shall meet of organization and other business as may come before it at the call of the Post Commander within twenty (20) days after the installation of new officers. Thereafter, the Post Executive Committee shall meet at the call of the commander at least every month or as often as said commander may deem necessary.

SECTION 2. The Post executive committee shall authorize and approve all expenditures: shall hear the reports of Post committee chairmen: approve, disapprove all expenditures that are recommended and generally shall have charge of and be responsible for the management of the affairs of this post.

SECTION 3. No officer or member shall be PAID A REGULAR FEE or stipend for the performance of duties of their office.

ARTICLE IV
DUTIES OF OFFICERS

SECTION 1. Duties of the Commander: It shall be the duty of the Post 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. He shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the post for the year and recommendations for the ensuing year, which shall be read at the annual meeting and a copy there of immediately forwarded to the department Adjutant. He shall see that this constitution and By-Laws are observed. He shall perform such other duties as are directed by the post.

SECTION 2. Duties of the Vice-Commander: The first Vice-Commander shall assume and discharge the duties of the office of the commander in the absence or disability of, or when called upon by the Post commander. The second and third Vice-Commanders shall assume such duties as may by directed by the Post Commander.

SECTION 3. Duties of the Second Vice-commander: To build the moral of the Post, and the Commander will depend on the Second Vice to prepare programs and contract other veterans and civic groups so that each patriotic holiday and observance receives the attention it disserves, and shall assume such duties as directed by the Post Commander.

SECTION 4. Duties of the Post Adjutant: The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National Organizations may require, issue membership cards, handle certificates of transfer, render reports of membership annually or when called upon at a meeting, and under direction of the Commander, handle all correspondence of the Post.

SECTION 5. Duties of the Finance Officer. The Finance Officer of the Post shall take Charge of all finances after they are turned in to him by various committees and I or committee chairmen or employees and see that they are safely deposited in some local bank or banks and shall report once a month to the executive committee and Post, in writing the condition of the finances of the Post. He I She shall monitor and sign checks disbursing the moneys of the Post, such checks to be countersigned by the Commander or Adjutant, or in the absence of the Finance Officer checks will be signed by the Commander, First Vice Commander or the Adjutant. The Post shall furnish security bond in such sum as shall be fixed by the Executive Committee, when deemed necessary.

SECTION 6. Duties of the Post 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 Executive Committee.

SECTION 7. Duties of the Post 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 dedication, funerals, public function, etc., adhere to such ceremonial rituals as are recommended by the National or department Headquarters from time to time.

SECTION 8. Duties of the Service Officer: The Service Officer shall comply with the Service officer’s manual and post Handbook of The American Legion and recommendations of National and Department Head Quarters and Needs of this Post.

SECTION 9. Duties of the Judge Advocate: The Judge Advocate shall provide professional advice in the conduct of Post business, and shall procure legal counsel for the Post when necessary. He/She shall also advise the Post officers, Executive Committee, and members on matters pertaining to the constitution and By-Laws of the Post, Department and National Organization and serve as chairperson of the Audit committee. An Audit shall be held a minimum often ten (10) days prior to the installation of Officers for the ensuing year. Other audits may be directed by the judge advocate as deemed necessary. An audit may also be called for by the executive board or the membership.

SECTION 10. Duties of the Public Relation Officer. To Promote Public awareness and support of Post 319s programs in the community through publicity on post activities, using local media, neighborhood newsletters, sponsor, or participating in community events. He/She will assist Post Commander in program committee chairs in the planning of such actives for public exposure.

SECTION 11. Duties of the Sergeant-at-arms: The Sergeant-at-Arms shall preserve order at all times and at all meetings, and shall perform such other duties as may be from time to time assigned to him by the Commander or Executive Committee. He/She shall have charge of the Post colors and shall not display or permit them to be displayed without specific authority of the Post Commander.

Article V
DELEGATES

SECTION 1. Delegates and alternates to a Department, Division or District Convention shall be elected by the Post at a regular meeting. In no event shall such an election be held less than fifteen days prior to said convention. The Post Commander shall, immediately upon their election, designate the chairman of the delegation.

SECTION 2. All members or Delegates or Alternate Delegates to National, Department, Division or district Conventions must a must be elected by the membership and attend at least one / half (1/2) the meetings since becoming eligible to do so with current cards before they can be reimbursed any monetary compensation . They, furthermore, must attend all business meetings at such conventions.

Article VI
DUES – FISCAL YEAR

SECTION 1. Annual Post dues shall be thirty dollars ($35.00) and shall be payable on or before October 20th of each year for the succeeding calendar year. Following the calendar year, a member become delinquent for non-payment of dues by January 1st and his/her membership is forfeited on March 1st, if still delinquent.

SECTION 2. The fiscal year shall begin July 1st and end June 30th of the following year.

SECTION 3. The chairman of the membership Committee may recommend to the Executive Committee the names of members whose dues shall be remitted by the Post with reasons for such recommendations. The Executive Committee shall have the power to approve or reject such recommendations.

SECTION 4. No PUFL or Life Memberships shall be awarded by this Post to any member except those nominated and voted on by the membership at a regular Post meeting.

Article VII
POST COMMITTEE APPOINTMENTS

SECTION 1. The Post Commander, immediately upon taking office each year, shall appoint the following standing committee as needed: Membership, House and Entertainment, Legal, Publicity, Service, Visiting, Americanism, and Athletic he/she shall also appoint such other committees as are found to be necessary from time to time. All such committees shall consist of such members and the chairman thereof as shall be designated by the Post Commander and approved by the Executive Committee with subsequent approval by membership in regular session.

SECTION 2. The Duties and functions of the respective Post Committees shall be in accordance with the current Post Handbook of the American Legion and with the recommendations of National and Department Headquarters.

ARTICLE VIII
RESOLUTION

SECTION 1. 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 should take its constitutional course before any publicity is given or action other than

ARTICLE IX
MEETINGS

SECTION 1. The regular and special meetings of the Post shall be held at Deer Park, Texas at which place shall be transacted such business as may properly be bought up for action. Procedure at Regular Meetings shall comply with the current Manual of Ceremonies unless otherwise prescribed by articles of the constitution and by-laws.

SECTION 2. The regular business meeting of the Post will be held on the second Tuesday of each month, beginning at 7:00pm. Other business or social meeting may be held as directed by the commander and executive committee.

SECTION 3. Upon the written request by signed petition of not less than five (5) of the member in good standing of this post, delivered to the Commander, requesting a special meeting of the Post, The commander shall call the said special meeting within not less than seven (7) days, nor more than fourteen (14) days after receipt of the said petition. In the said petition shall be stated the purpose for which h the meeting is requested and matters not pertaining to said purpose of the meeting shall not be considered at such meeting. In notices given to the membership of said meeting, the subject matter to be discussed shall be stated. The Post commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post, the notice of the call for this meeting sent to the membership shall contain the subject matter to be discussed at the said meeting, and the said meeting shall not discuss other matters not relating to said notice.

SECTION 4. At least three (3) members in good standing shall constitute a quorum at any regular or special meeting of the Post.

ARTICLE X
NOTICES

SECTION 1. It shall be the responsibility of every member to furnish the Post Adjutant with his or her current address for mailing purposes. Notices sent to the last known address shall constitute sufficient legal notice.

SECTION 2. The Post Adjutant shall cause notice of the annual election to be given at least fifteen (15) day’s prior thereto.

SECTION 3, The Post mailing list shall not be made available for publication or distribution for any purpose other than Post business or activities.

ARTICLE XI
RULES OF ORDER

SECTION 1. All proceedings of this Post shall be conducted under and pursuant to Robert’s Rules of Order, revised, except as herein otherwise provided.

ARTICLE XII
LIMITATIONS OF LIABILITIES

SECTION 1. This Post shall incur, or cause to be incurred, no liability nor obligations whatsoever which shall subject to liability any other Post, sub-division, group of men or women, members of the American Legion, or other individuals, corporation, or organization.

ARTICLE XIII
AMENDMENTS

SECTION 1. These By – Laws may be amended at any regular Post meeting by a vote of two – thirds (2/3) of the members of said Post attending such regular meeting; Provided that the proposed amendment shall have been submitted in writing to the Executive Committee in session and approved by it; or if rejected in whole or in part, it may be taken to a regular Post meeting on a minority report., and provided that the proposed amendment shall have been submitted in writing and read at the next proceeding regular meeting of said Post, and provided, further that written notice shall have been given to all members at least ten (l0) days in advance of the date when such amendment is to be voted upon, notifying all said members that at such meeting a proposal to amend the By-Laws is to be voted upon.

SECTION 2. Such amendments shall be in accordance with the provisions of Article X section 2 of the Constitution

POST CERTIFICATION

I, David Saucillo as Commander of Deer Park Post 319, The American Legion Department of Texas, hereby certify that the foregoing constitution and by-laws, after due notice was given to all members, and was amended at a regular meeting of this Post held on February 10th, 2014.

Signed this day 7/14/15


 David W. Saucillo       

David W. Saucillo