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THE AMERICAN LEGION MELVIN COWART POST 274

899 BUTTONWOOD DRIVE

FORT MYERS BEACH, FLORIDA 33931-2201

TEL: 239-463-6591 FAX: 239-233-8800

www.post274.org legionpost274@aol.com

 

2018

BY-LAWS OF THE MELVIN COWART POST 274

THE AMERICAN LEGION, THE DEPARTMENT OF FLORIDA

 

ARTICLE I - Names and Objectives

Section 1. The Post existing under these By-Laws is to be known as the MELVIN COWART POST 274, THE AMERICAN LEGION, DEPARTMENT OF FLORIDA INCORPORATED. It is an American Legion Post of the Department of Florida. It is a non-profit corporation, incorporated under the laws of the State of Florida and its principal place of business shall be located at 899 Buttonwood Drive, Fort Myers Beach, Florida 33931.

 

Section 2. The original charter for the corporation was approved on September 20, 1956, in the Twelfth Judicial Circuit of Florida, in and for Lee County, Florida and was recorded on September 20, 1956 in the Incorporated Record Book 6, Page 226.

 

Section 3. In June 1992, in accordance with F.S. 617, registration of the Corporation was made with the Florida Secretary of State.

 

Section 4. The Objectives of this Post are as set forth in the Constitution.

Section 5. The Post website address is www.post274.org.

 

ARTICLE II - Management

Section 1. The Corporation Officers shall be the President, Vice President, Treasurer, Secretary and President Emeritus of the Corporation.

a. The Commander of the Post, shall, upon his/her election to and assumption of that position, serve as ex officio President of the Corporation.

b. The First Vice Commander of the Post, shall, upon his/her election to and assumption of that position, serve as ex officio Vice President of the Corporation.

c. The Finance Officer of the Post, shall, upon his/her election to and assumption of that position, serve as ex officio Treasurer of the Corporation.

d. The Adjutant of the Post, shall, upon his/her appointment to and assumption of that position, serve as ex officio Secretary of the Corporation.

 

e. The Immediate Past Commander of the Post shall serve as the ex officio President Emeritus of the Corporation. In this respect, the Immediate Past Commander shall be construed to be the latest Past Commander of the Post not serving as the Commander, First Vice Commander, Finance Officer or Adjutant of the Post.

f. The Judge Advocate of the Post will be utilized as the Corporate Legal Advisor and may be included in meetings, discussions and/or decisions that the Corporate Officers deem as appropriate and/or necessary. His/her presence at any meetings, discussions and/or decisions will be in the role of advisor with no voting rights on said issues and listed on all documents as an invited guest of the Corporate Officers.

Section 2. Management of the assets of the Corporation shall be vested in the Corporate Officers which shall consist of the President of the Corporation (Post Commander), the Vice President of the Corporation (1st Vice Commander), the Treasurer of the Corporation (Post Finance Officer), the President Emeritus of the Corporation (Immediate Past Post Commander), Secretary of the Corporation (Post Adjutant).

Section 3. The Corporation Officers shall establish broad policies for and provide guidance to the Officers of the Post and Executive Committee to insure that the assets of the Corporation are used to enhance and forward the objectives of the Corporation. The Corporate Officers are responsible for the day to day operations of the lounge, properties and assets of the Corporation. The Corporation Officers shall have the authority to contract with and to hire and fire such persons as are necessary to carry out said responsibilities. No person who is related by birth, by marriage or by a familial relationship to any member of the Corporate Officers shall be gainfully employed by the Post in any capacity.

Section 3. The Corporate Officers shall have sole authority to contract for indebtedness and to accept and transfer real and personal property of the Corporation, subject to the restrictions contained in Article XII and Article XIII of these By-Laws The Corporation Officers shall establish broad policies for and provide guidance to the Officers of the Post and Executive Committee to insure that the assets of the Corporation are used to enhance and forward the objectives of the Corporation. The Corporate Officers are responsible for the day to day operations of the lounge, properties and assets of the Corporation. The Corporation Officers shall have the authority to contract with and to hire and fire such persons as are necessary to carry out said responsibilities. No person who is related by birth, by marriage or by a familial

aid responsibilities. No person who is related by birth, by marriage or by a familial

relationship to any member of the Corporate Officers shall be gainfully employed by the Post in any capacity.

Section 4. The Officers of the Corporation shall be duly recognized representatives of the Corporation to such agencies of the State of Florida requiring such representation.

ARTICLE III - Post Elections

Section 1. The annual Post Election shall be conducted as prescribed by the Post Constitution and within this section. In case of conflict between other portions of the Constitution and/or By-Laws and this Section, this Section will prevail.

a. The Post Executive Committee shall designate a date for the Annual Post Election, such date to fall not earlier than fifty (50) days or later than ten (10) days prior to the Department of Florida’s Annual Convention. This day shall, if possible, be the date of a regular membership meeting of the Post.

b. The Post Commander shall appoint a Nominating Committee of not less than three (3) members, one hundred twenty (120) days before the scheduled election.

c. Nominations shall be taken from the floor at a minimum of two (2) membership meetings prior to the scheduled Post election. At the conclusion of each meeting, the Nominating Committee will check to insure that each nominated candidate is a Member in Good Standing of the Post. Upon the closing of the nominations, the Commander shall appoint an Election Committee of not less than five (5) members to conduct the Annual Post Election.

d. A Member in Good Standing of Post 274 shall be defined as follows:

1. Must have a Current Paid Membership.

2. Must not be at any stage of Disciplinary Action, pending, suspension or other phase, at the Post 274 in its entirety (Post and/or Lounge).

3. Must meet all other membership requirements of the American Legion as set forth in the National, Department of Florida and Post 274's Constitution and By-Laws

e. A ballot (except as noted in ARTICLE III, section 1j of these By-Laws) containing the names of all the candidates for office, regularly nominated and eligible according to these By-Laws shall be prepared by the Election Committee, in sufficient number for the election and no other ballots shall be used. The names of the nominees shall be listed on the ballot by office, in alphabetical order, according to surnames in similar type and without any distinguishing nicknames, marks or symbols. It shall be necessary for a voting mark to be placed before any name for a vote to be counted as cast. A copy of the ballot shall be published on the last page of the Post Newsletter, THE FUNCTION JUNCTION. The cost for mailing a copy of this ballot with the Post newsletter shall be considered a part of normal administrative costs.

f. On the date of the Annual Post Election, ballots shall be available in the area selected by

the Election Committee. Such area shall contain a ballot box, capable of being locked and the keys to such box shall be held by the Chairman of the Election Committee. No member may remove the ballot from this area for any purpose. Ballots shall be marked, folded and placed in the ballot box by individual members. Handicapped members may receive assistance from the Election Committee. Before voting, a member should display a current membership card. The Post Adjutant shall be available to provide evidence that dues have been paid for those members who cannot produce their membership cards. The hours of voting shall be from 10:00 am until 6:00 pm on the date of the Annual Pos Election. If members are waiting to cast a vote at the hour slated for the polls to close, they shall be permitted to cast their vote.

g. Any Legionnaire of Post 274, in good standing, may use the printed ballot from the last page of the Post Newsletter to cast an absentee vote. Such ballot shall be marked, and then placed in an envelope that has been provided by the Post and is clearly stamped “BALLOT” the envelope sealed. The “BALLOT” envelope will then be placed into the Post-addressed envelope that has been provided and returned to the Post so as not to arrive no later than the day of the election. The absentee ballot shall be returned to the Post through the U.S. Postal Service ONLY. The Post addressed envelope shall have the return address containing the name and address of the member. The need for the name and return address request is to enable the members of the Election Committee to verify that the returned ballot is from a current paid-up member of the Post. Upon verification of the member’s status, the envelope will be placed, unopened in a secured container until such time as the ballots are counted. The Post Adjutant and at least one (1) member of the Election Committee shall receive the ballots and shall deliver them, unopened, to the Chairman of the Election Committee at such time as the voting is finished. Before the ballot box is opened, the Chairman of the Election Committee shall supervise the opening of the “BALLOT” envelopes and shall insure that all absentee ballots are placed in the locked ballot box without anyone attempting to discern the vote.

h. The Election Committee shall be responsible to count all the ballots which were cast. Nominees running for office may appoint a poll watcher to observe the count; however, no poll watcher shall interfere with the counters and if he/she has an objection, shall only make such objection to the meeting of the membership which will immediately follow the counting.

i. The Election Committee shall report to the membership the results of the election at the membership meeting immediately following the polling of the votes, except as noted in Section j this Article. By accepting the report of the Election Committee, the membership accepts and ratifies the results of the election and that these results are then final. Ballots shall be retained by the Post Adjutant for a period of ninety (90) days.

j. If only one candidate is nominated for each elected Post officer position at the close of the nomination period, the Chairman of the Election Committee will simply declare the candidate(s) elected, thus completing the election by unanimous consent or “acclamation” and the Post Adjutant shall cast a single vote for each candidate thuneglect and/or dereliction of duty by the Post Executive Committee under the provisions of ARTICLE V, Post Constitution.

ARTICLE V - Duties of Officers

Section 1. All Officers shall perform such duties as are required of them, respectively by the By-Laws, Post Constitution and/or as assigned by the Post Commander.

Section 2. Duties of the Post 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. The Commander 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 copy thereof immediately forwarded to the Department Adjutant. The Commander shall perform such duties as directed by the Post.

Section 3. Duties of the First Vice Commander: The First Vice Commander shall assume and discharge the duties of the Post Commander in the absence of the Post Commander or when called upon by the Post Commander. It shall be his/her further duty to chair the Membership Committee and the Early Bird Party.

Section 4 Duties of the Second Vice Commander: The Second Vice Commander shall chair the Entertainment Committee.

Section 4 Duties of the Second Vice Commander: The Second Vice Commander shall shall act as the liaison with the American Legion Melvin Cowart Post 274 Auxiliary and the Legion Riders Chapter.

 

Section 5. Duties of the Third Vice Commander: The Third Vice Commander shall act as the liaison with the Post Auxiliary Unit, Sons of the American Legion and the Legion Riders Chapter. He/She shall chair the Americanism Committee and assist the Second Vice Commander in planning Post functions and entertainment.

Section 5. Duties of the Post Adjutant: The Post 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, render reports of membership annually or when called upon at a meeting, and under direction of the Post Commander, handle all correspondence of the Post. He/she should be aware of all activities of the Post and should be updated as often as necessary to facilitate his/her ability to maintain the duties required of the office. He/she should publish the minutes of all meetings within ten(10) days of said meetings whenever possible.

Section 6. Duties of the Post Finance Officer: The Post Finance Officer of the Post shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall

report once a month to the Executive Committee and the Membership of the Post the conditions of the finances of the Post with such recommendations as he/she may deem expedient and/or necessary for raising funds with which to carry on the activities of the Post. Two signatures are required on all checks disbursing the monies of the Post. He/she shall furnish such surety bonds in such sums as shall be fixed by the Post Executive Committee.

 

Section 7. 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, Post Commander and/or the Post Executive Committee.

Section 8. Duties of the Post Chaplain: The Post Chaplain shall be charged with the spiritual welfare of the Post and the Post Membership and shall offer divine, non-sectarian, services in the event of dedications, funerals, public functions, etc., and adhere to such ceremonial rituals as recommended by the National and/or Department Headquarters from time to time. He/she will endeavor to visit and comfort members and their families when sick or bereaved and visit ex-servicemen in nearby hospitals and/or other inpatient care facilities.

Section 9. Duties of the Post Sergeant-At-Arms: The Post Sergeant-At-Arms shall preserve order at all meetings and shall perform such other duties as may be assigned, from time to time, by the Post Executive Committee. He/she shall be responsible for the maintenance and safekeeping of the Post Colors and shall have the Colors properly presented at all Post Functions, where appropriate. He/She shall be responsible for the proper retirement of all Colors (flag disposal) and associated rituals. He/She shall be charged with operations and training of the Post’s Color Guard Unit.

Section 10. Duties of the Post Judge Advocate: The Post Judge Advocate shall act as parliamentarian for the Post at Post Membership, Post Executive Committee, and Post Corporate meetings, at the discretion of the Post Commander and/or Corporate Officers. He/she shall render opinions and interpretations based on the Post, Department and National Constitutions and By-Laws and/or Robert’s Rules of Order. He/She shall offer no opinions and/or input other than that of legal interpretation of an issue and will have no voting rights at Corporate Meetings.

Section 11. Duties of the Post Service Officer: It shall be the duty of the Post Service Officer to assist all veterans, their widows and their children who may be in need of assistance.

ARTICLE VI - Delegates

Section 1. Delegates and alternates to the Department Convention and Conferences shall be elected by the membership of the Post at a regular meeting of the Post to be held a minimum of at least twenty (20) days prior to the date of such Convention.

Section 2. No member shall be eligible to be elected as a delegate to the Department Convention or the Mid-Winter Convention unless he/she has attended at least 75 percent of all Post meetings and has been active in Legion affairs during the year prior to the aforesaid Department meetings.

Section 3. The Post Commander and the Commander Elect shall be automatic delegates to the Department Convention and Conference. They will be part of whatever number of delegates that the Post sees fit to send to the meetings, the Commander heading the delegation. If the Commander does not attend the Convention, the delegates to the Convention shall elect a chairperson. Compensation and/or expenses of the Convention will be paid, as authorized by the Post Executive Committee, only if the delegate attends specific meetings and reports to the membership upon returning from the Convention.

ARTICLE VII - Appointments

Section 1. The Post Commander elect, immediately upon acceptance and finalization of the election by the Membership each year, shall appoint the Post Adjutant, Post Judge Advocate and the Post Service Officer. In addition, the following standing committees should be appointed as needed: Americanism, Ceremonial, Finance, Membership, Children and Youth, Entertainment, Public Relations, Veterans Affairs and Rehabilitation, Auditing, Lounge and any other committees the Post Commander deems necessary. Such standing committees shall consist of such members and the chairperson thereof, as shall be designated by the Post Commander. The relief or welfare fund of this Post shall be administered by a committee of five (5) members. These members are to be appointed by the Post Commander after installation of the next officers and they shall serve for one (1) year. If a vacancy should occur on this committee, the Post Executive Committee shall elect a new member. The Executive Committee may recommend a new member and that the final decision lies with the Post Membership.

Section 1. The Post Commander elect, immediately upon acceptance and finalization of the election by the Membership each year, should appoint the following standing committees, as needed: Americanism, Ceremonial, Finance, Membership, Children and Youth, Entertainment, Public Relations, Veterans Affairs and Rehabilitation, Auditing, Lounge, The American (SAL) Advisory Committee: and any other committees the Post Commander deems necessary. Such standing committees shall consist of such members and the chairperson thereof, as shall be designated by the Post Commander. The relief or welfare fund of this Post shall be administered by a committee of five (5) members. These members are to be appointed by the Post Commander after installation of the next officers and they shall serve for one (1) year. If a vacancy should occur on this committee, the Post Executive Committee shall elect a new member. The Executive Committee may recommend a new member and that the final decision lies with the Post Membership.

retained by the Post Adjutant for a period of ninety (90) days.

j. If only one candidate is nominated for each elected Post officer position at the close of the nomination period, the Chairman of the Election Committee will simply declare the candidate(s) elected, thus completing the election by unanimous consent or “acclamation” and the Post Adjutant shall cast a single vote for each candidate thus

effecting the election of the Officers.

ARTICLE III - Post Elections

Section 1. The annual Post election shall be held in April of each year but, not earlier than ninety (90) days prior to the Department of Florida Annual Convention. The Post shall be open for voting from 9:00 AM to 6:00 PM for the convenience of members. Balloting shall be under the supervision of the Post Adjutant, with such assistance as he shall need.

Section 2. At the January meeting of the Executive Committee, each year, the Commander shall appoint a Nominating Committee of not less than three (3) members to nominate members to be elected officers and executive committeemen. The Commander may not serve on this committee.

a. The Adjutant will notify, in writing, the members selected for the Nominating Committee. The committee shall meet within five (5) days of such notice to organize.

b. At the February Post meeting, the Chairman of the Nominating Committee shall announce the committee's recommendations to the membership. Further nominations may be made from the floor, provided the person being nominated is present and accepts the nomination, or a letter is presented on his behalf agreeing to the nomination.

c. Nominations shall be taken from the floor at a minimum of two (2) membership meetings prior to the scheduled Post election. At the conclusion of each meeting, the Nominating Committee will check to insure that each nominated candidate is a Member in Good Standing of the Post.

d. A Member in Good Standing of Post 274 shall be defined as follows:

1. Must have a Current Paid Membership.

2. Must not be at any stage of Disciplinary Action, pending, suspension or other phase, at the Post 274 in its entirety (Post and/or Lounge).

3. Must qualify for bonding by the Post's bonding company for all elected and appointed officer positions

4. Must meet all other membership requirements of the American Legion as set forth in the National, Department of Florida and Post 274's Constitution and By-Laws

Section 3. Before voting, a member should display a current membership card. The Post Adjutant shall be available to provide evidence that dues have been paid for those members who cannot produce their membership cards. The hours of voting shall be from 10:00 am until 6:00 pm on the date of the Annual Post Election. If members are waiting to cast a vote at the hour slated for the polls to close, they shall be permitted to cast their vote.

Section 4. If only one candidate is nominated for each elected Post officer position at the close of the nomination period, the Chairman of the Election Committee will simply declare the candidate(s) elected, thus completing the election by unanimous consent or “acclamation” and the Post Adjutant shall cast a single vote for each candidate thus effecting the election of the Officers.

ARTICLE IV - Executive Committee

Section 1. The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander within ten (10) days after installation of new officers. Thereafter the Post Executive Committee shall meet at the call of the Post Commander at least once a month and/or as often as said Post Commander may deem necessary. The Post Commander shall call a meeting of the Post Executive Committee upon the joint written request of three (3) or more members of the Post Executive Committee and a majority of its membership shall constitute a quorum thereof. The meeting minutes of the Executive Committee shall be submitted to the Post membership for acceptance at the next regular Post meeting following the Executive Committee meeting.

Section 2. the Post Executive Committee shall hire such employees as may be necessary for the operation of the American Legion Post, shall authorize and approve all expenditure; shall require adequate bond from all persons having custody of Post funds; and in general, have charge of and be responsible for the management of the affairs of the Post.

Section 3. All vacancies existing in the Executive Committee of the Post for any cause other than expiration of the term of service shall be filled by a majority vote of the remaining members of the Post Executive Committee and final approval by the Post Membership and a person so appointed shall hold said office for the remaining unexpired term of the Post Executive Committee and/or Officer's position whom he/she has been appointed to. Unexcused absence from his/her post for a period of three (3) or more consecutive meetings may be accepted as

neglect and/or dereliction of duty by the Post Executive Committee under the provisions of ARTICLE V, Post Constitution.

ARTICLE V - Duties of Officers

Section 1. All Officers shall perform such duties as are required of them, respectively by the By-Laws, Post Constitution and/or as assigned by the Post Commander.

Section 2. Duties of the Post 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. The Commander 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 copy thereof immediately forwarded to the Department Adjutant. The Commander shall perform such duties as directed by the Post.

Section 3. Duties of the First Vice Commander: The First Vice Commander shall assume and discharge the duties of the Post Commander in the absence of the Post Commander or when called upon by the Post Commander. It shall be his/her further duty to chair the Membership Committee and the Early Bird Party.

Section 4 Duties of the Second Vice Commander: The Second Vice Commander shall chair the Entertainment Committee.

Section 4 Duties of the Second Vice Commander: The Second Vice Commander shall shall act as the liaison with the American Legion Melvin Cowart Post 274 Auxiliary and the Legion Riders Chapter.

Section 5. Duties of the Third Vice Commander: The Third Vice Commander shall act as the liaison with the Post Auxiliary Unit, Sons of the American Legion and the Legion Riders Chapter. He/She shall chair the Americanism Committee and assist the Second Vice Commander in planning Post functions and entertainment

Section 5. Duties of the Post Adjutant: The Post 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, render reports of membership annually or when called upon at a meeting, and under direction of the Post Commander, handle all correspondence of the Post. He/she should be aware of all activities of the Post and should be updated as often as necessary to facilitate his/her ability to maintain the duties required of the office. He/she should publish the minutes of all meetings within ten(10) days of said meetings whenever possible.

Section 6. Duties of the Post Finance Officer: The Post Finance Officer of the Post shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall

report once a month to the Executive Committee and the Membership of the Post the conditions of the finances of the Post with such recommendations as he/she may deem expedient and/or necessary for raising funds with which to carry on the activities of the Post. Two signatures are required on all checks disbursing the monies of the Post. He/she shall furnish such surety bonds in such sums as shall be fixed by the Post Executive Committee.

Section 7. 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, Post Commander and/or the Post Executive Committee

Section 8. Duties of the Post Chaplain: The Post Chaplain shall be charged with the spiritual welfare of the Post and the Post Membership and shall offer divine, non-sectarian, services in the event of dedications, funerals, public functions, etc., and adhere to such ceremonial rituals as recommended by the National and/or Department Headquarters from time to time. He/she will endeavor to visit and comfort members and their families when sick or bereaved and visit ex-servicemen in nearby hospitals and/or other inpatient care facilities.

Section 9. Duties of the Post Sergeant-At-Arms: The Post Sergeant-At-Arms shall preserve order at all meetings and shall perform such other duties as may be assigned, from time to time, by the Post Executive Committee. He/she shall be responsible for the maintenance and safekeeping of the Post Colors and shall have the Colors properly presented at all Post Functions, where appropriate. He/She shall be responsible for the proper retirement of all Colors (flag disposal) and associated rituals. He/She shall be charged with operations and training of the Post’s Color Guard Unit.

Section 10. Duties of the Post Judge Advocate: The Post Judge Advocate shall act as parliamentarian for the Post at Post Membership, Post Executive Committee, and Post Corporate meetings, at the discretion of the Post Commander and/or Corporate Officers. He/she shall render opinions and interpretations based on the Post, Department and National Constitutions and By-Laws and/or Robert’s Rules of Order. He/She shall offer no opinions and/or input other than that of legal interpretation of an issue and will have no voting rights at Corporate Meetings.

Section 11. Duties of the Post Service Officer: It shall be the duty of the Post Service Officer to assist all veterans, their widows and their children who may be in need of assistance.

 

ARTICLE VI - Delegates

Section 1. Delegates and alternates to the Department Convention and Conferences shall be elected by the membership of the Post at a regular meeting of the Post to be held a minimum of at least twenty (20) days prior to the date of such Convention.

Section 2. No member shall be eligible to be elected as a delegate to the Department Convention or the Mid-Winter Convention unless he/she has attended at least 75 percent of all Post meetings and has been active in Legion affairs during the year prior to the aforesaid Department meetings

Section 3. The Post Commander and the Commander Elect shall be automatic delegates to the Department Convention and Conference. They will be part of whatever number of delegates that the Post sees fit to send to the meetings, the Commander heading the delegation. If the Commander does not attend the Convention, the delegates to the Convention shall elect a chairperson. Compensation and/or expenses of the Convention will be paid, as authorized by the Post Executive Committee, only if the delegate attends specific meetings and reports to the membership upon returning from the Convention.

ARTICLE VII - Appointments

Section 1. The Post Commander elect, immediately upon acceptance and finalization of the election by the Membership each year, shall appoint the Post Adjutant, Post Judge Advocate and the Post Service Officer. In addition, the following standing committees should be appointed as needed: Americanism, Ceremonial, Finance, Membership, Children and Youth, Entertainment, Public Relations, Veterans Affairs and Rehabilitation, Auditing, Lounge and any other committees the Post Commander deems necessary. Such standing committees shall consist of such members and the chairperson thereof, as shall be designated by the Post Commander. The relief or welfare fund of this Post shall be administered by a committee of five (5) members. These members are to be appointed by the Post Commander after installation of the next officers and they shall serve for one (1) year. If a vacancy should occur on this committee, the Post Executive Committee shall elect a new member. The Executive Committee may recommend a new member and that the final decision lies with the Post Membership.

 

Section 1. The Post Commander elect, immediately upon acceptance and finalization of the election by the Membership each year, should appoint the following standing committees, as needed: Americanism, Ceremonial, Finance, Membership, Children and Youth, Entertainment, Public Relations, Veterans Affairs and Rehabilitation, Auditing, Lounge, The American (SAL) Advisory Committee: and any other committees the Post Commander deems necessary. Such standing committees shall consist of such members and the chairperson thereof, as shall be designated by the Post Commander. The relief or welfare fund of this Post shall be administered by a committee of five (5) members. These members are to be appointed by the Post Commander after installation of the next officers and they shall serve for one (1) year. If a vacancy should occur on this committee, the Post Executive Committee shall elect a new member. The Executive Committee may recommend a new member and that the final decision lies with the Post Membership.

retained by the Post Adjutant for a period of ninety (90) days.

 

j. If only one candidate is nominated for each elected Post officer position at the close of the nomination period, the Chairman of the Election Committee will simply declare the candidate(s) elected, thus completing the election by unanimous consent or “acclamation” and the Post Adjutant shall cast a single vote for each candidate thus

effecting the election of the Officers.

 

ARTICLE III - Post Elections

 

Section 1. The annual Post election shall be held in April of each year but, not earlier than ninety (90) days prior to the Department of Florida Annual Convention. The Post shall be open for voting from 9:00 AM to 6:00 PM for the convenience of members. Balloting shall be under the supervision of the Post Adjutant, with such assistance as he shall need.

 

Section 2. At the January meeting of the Executive Committee, each year, the Commander shall appoint a Nominating Committee of not less than three (3) members to nominate members to be elected officers and executive committeemen. The Commander may not serve on this committee.

a. The Adjutant will notify, in writing, the members selected for the Nominating Committee. The committee shall meet within five (5) days of such notice to organize.

 

b. At the February Post meeting, the Chairman of the Nominating Committee shall announce the committee's recommendations to the membership. Further nominations may be made from the floor, provided the person being nominated is present and accepts the nomination, or a letter is presented on his behalf agreeing to the nomination.

c. Nominations shall be taken from the floor at a minimum of two (2) membership meetings prior to the scheduled Post election. At the conclusion of each meeting, the Nominating Committee will check to insure that each nominated candidate is a Member in Good Standing of the Post.

d. A Member in Good Standing of Post 274 shall be defined as follows:

1. Must have a Current Paid Membership.

2. Must not be at any stage of Disciplinary Action, pending, suspension or other phase, at the Post 274 in its entirety (Post and/or Lounge).

3. Must qualify for bonding by the Post's bonding company for all elected and appointed officer positions

4. Must meet all other membership requirements of the American Legion as set forth in the National, Department of Florida and Post 274's Constitution and By-Laws

Section 3. Before voting, a member should display a current membership card. The Post Adjutant shall be available to provide evidence that dues have been paid for those members who cannot produce their membership cards. The hours of voting shall be from 10:00 am until 6:00 pm on the date of the Annual Post Election. If members are waiting to cast a vote at the hour slated for the polls to close, they shall be permitted to cast their vote.

 

Section 4. If only one candidate is nominated for each elected Post officer position at the close of the nomination period, the Chairman of the Election Committee will simply declare the candidate(s) elected, thus completing the election by unanimous consent or “acclamation” and the Post Adjutant shall cast a single vote for each candidate thus effecting the election of the Officers.

 

ARTICLE IV - Executive Committee

 

Section 1. The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander within ten (10) days after installation of new officers. Thereafter the Post Executive Committee shall meet at the call of the Post Commander at least once a month and/or as often as said Post Commander may deem necessary. The Post Commander shall call a meeting of the Post Executive Committee upon the joint written request of three (3) or more members of the Post Executive Committee and a majority of its membership shall constitute a quorum thereof. The meeting minutes of the Executive Committee shall be submitted to the Post membership for acceptance at the next regular Post meeting following the Executive Committee meeting.

 

Section 2. the Post Executive Committee shall hire such employees as may be necessary for the operation of the American Legion Post, shall authorize and approve all expenditure; shall require adequate bond from all persons having custody of Post funds; and in general, have charge of and be responsible for the management of the affairs of the Post.

 

Section 3. All vacancies existing in the Executive Committee of the Post for any cause other than expiration of the term of service shall be filled by a majority vote of the remaining members of the Post Executive Committee and final approval by the Post Membership and a person so appointed shall hold said office for the remaining unexpired term of the Post Executive Committee and/or Officer's position whom he/she has been appointed to. Unexcused absence from his/her post for a period of three (3) or more consecutive meetings may be accepted as

th the Post Membership.

Section 2. Americanism Committee: The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions; encouragement of patriotic and civic phases of instruction in schools; Americanization of aliens; combating anti-American propaganda by education of the general public in American ideals through public forums, etc.; and activities for community and civic betterment.

Section 3. Ceremonial Committee: The principle duty of the Ceremonial Committee is to insure that all new members are properly initiated. The committee must also concern itself with proper presentation of other rituals outlined in the American Legion Officer’s Guide and Manual of Ceremonies; burial details, Post Everlasting Ceremonies and the wearing of American Legion regalia, as well as drill teams and color guards. This committee should insure that an initiation ceremony for all new members is scheduled at least once each year.

Section 4. Finance Committee: The Finance Committee shall be charged with the administration of the financial policy, preparation of budget recommendations and supervision of receiving, disbursing and accounting of all Post Funds.

Section 5. Membership Committee: The Membership Committee shall have charge of all matters pertaining to the membership of the Post, including the recruiting of new members, reinstatements and eligibility of members.

Section 6. Children and Youth Committee: The Children and Youth Committee shall be charged with the aid and service to the children of veterans, cooperating with other established agencies in the community; laboring for the betterment of child conditions and in coordinating of services and with agencies in the community for the above purposes; to act as intermediary for the needy children of a veteran in obtaining the fulfillment of the American Legion’s pledge that “no child of a war veteran shall be in need of the necessities of life” and “a square deal for every child.”

Section 7. House Entertainment Committee: The House Entertainment Committee shall have charge of all matters pertaining to the care of the Post property and the Post Quarters, promotion of club advantages and arrangements for social activities.

Section 8. Public Relations Committee: The Public Relations Committee shall be charged with the promotion of public support of the American Legion’s programs by establishment of proper contact with the American Legion Magazine, Department and National Legion news

services and by local publicity of Post programs and activities.

Section 9. Veterans Affairs and Rehabilitation Committee (Service Officer): This Committee shall supervise all matters pertaining to service to comrades in the prosecution

ed States or state governments, employment, relief, etc. This committee is represented by the Post Service Officer and additional committee members may be appointed to assist as needed

Section 10. Audit Committee: The Audit Committee shall be charged with the duty of auditing the Post Financial accounts. This audit should be conducted at the discretion of the Post Commander and/or the Post Executive Committee. A provision should be made in the event that the Post Commander and Post Executive Committee feel the need of a more complete and thorough audit utilizing an outside contracted agency.

 

Section 11. Lounge Committee: The Lounge Committee shall consist of three (3) members, who are not Officers of the Post. The Lounge Committee shall be charged with enforcing the Post Lounge Rules as established by the Post Executive Committee. The Lounge Committee may take punitive action against any member as described in ARTICLE XV, Section 5. This enforcement is necessary for ensuring of the proper conduct and safety in the lounge by Post members and their guests.

Section 12. The Sons of The American (SAL) Advisory Committee:

The Post Commander shall appoint a committee of one (3) or more members from the Post to govern and advise the SAL Squadron.

a. All actions of the Post 274 SAL Squadron officers and members , in the performance of their duties, shall be subject to review and ratification by the Post SAL Advisory Committee

b. All disbursements of the SAL Funds shall be approved by the Post SAL Advisory Committee.

 

c. Other provisions for the Post 274 SAL Squadron shall be in accordance with The American Legion National and State Constitutions and By-Laws.

ARTICLE VIII - Trustees

Section 1. There shall be three (3) Trustees for the Corporation. The trustees of the Corporation shall consist of the President of the Corporation, the Treasurer of the Corporation and the Secretary of the Corporation.

Section 2. Appointments.

a. The President of the Corporation shall fill any vacancy in the office of Trustees by appointment from the membership of the Corporation, subject to confirmation by a majority of the members of the post Executive Committee and the Post Membership.or indebtedness by the membership of the Post at a regular scheduled Membership meeting thereof.

Section 2. At least two (2) Corporate Officers must affix their signatures on any document contracting for and/or incurring any indebtedness for the Post.

Section 3. Limits should be set on the amount of monies to be authorized for and expenditures and/or payments other than those incurred specifically to maintain and insure the day to day operations of the Post. All expenditures, not related to the daily operations, shall be approved by a majority vote of the Post Executive Committee.

ARTICLE XIV - Rules of Order

ARTICLE XIII - Rules of Order

 

Section 1. All proceedings of this Post shall be conducted under and pursuant to The American Legion Post Officers Guide, except as herein otherwise provided in these By-Laws and/or Post Constitution and/or the Department of Florida and/or the American Legion National Headquarters,

ARTICLE XV - General

ARTICLE XIV - General

Section 1. This Post shall incur, or cause to incur, no liability or obligation what so ever, which shall subject to liability any other posts, subdivision, group of men and/or women members of the American Legion, or other individuals, corporations or organizations.

Section 2. The Executive Committee shall approve or deny a nominee for an Honorary Life Membership. The qualifications are: two (2) terms as Commander of the Post; ten (10) years of service as an Officer of the Post; or a member who has accomplished extraordinary achievements for or while a member of the Post. The Honorary Post Membership will be revoked upon the member's transfer to any other Post.

Section 3. Membership cards of all American Legion Posts, foreign or domestic, as well as all of their Auxiliaries and/or appending bodies, shall be honored in the Post lounge. Said

members and auxiliaries must present, upon request, a current paid dues card. This privilege may be revoked at any time for the same reasons that would cause revocation of lounge privileges for members of this Post.

Section 4. Active duty military personnel of the United States shall be tendered privileges of the social room of the Post.

Section 5. The Executive Committee may establish rules to insure the proper conduct in the Post Lounge. Nothing contained therein may infringe upon a member’s right or privilege of membership in The American Legion. The Lounge Committee has the authority to suspend a

member’s lounge privileges, without a trial, based upon written complaints of other members, witnessed violations of established lounge rules or witnessed displays of disorderly conduct or unacceptable, inappropriate and/or disruptive behavior in the lounge. The length of the suspension may be thirty (30) days or any additional number of days, up to and including a permanent suspension of lounge privileges. The length of the suspension shall be at the discretion of the Lounge Committee. Such suspension may be appealed to the Executive Committee. The Executive Committee has the authority to uphold the decision of the Lounge Committee, reduce the length of the suspension imposed by the Post Lounge Committee or overturn the decision of the Lounge Committee. The lounge issue decision of the Executive Committee regarding said appeal shall be final.

ARTICLE XVI - Amendments

ARTICLE XV - Amendments

Section 1. These By-Laws may be amended at any regular Post Membership meeting by a two-thirds (2/3) vote of the membership present at a regular Post Membership meeting, providing that the proposed amendment(s) shall have been submitted in writing and read at the next preceding regular Membership meeting of said Post, and provided further, that notice, in accordance with ARTICLE XI, Section 3 of these Post By-Laws, shall have been given to all members at least thirty (30) days in advance of the date when such amendment(s) is/are to be voted upon, notifying said members that at such meeting of a proposal to amend the By-Laws is to be voted upon.

ARTICLE XVII - Adoption of By-Laws

ARTICLE XVI - Adoption of By-Laws

Section 1. These By-Laws shall be adopted at any regular Membership meeting of the Post under the same procedures specified in ARTICLE XVI for the adoption of amendments hereto.