By-Laws

Walter Rhoades American Legion Post 111

ARTICLE 1.

Government and Management

Section 1. The government and management of the Post are entrusted to an Executive Board.

Section 2. The Executive Board shall consist of the elected officers, three Members at Large and other officers as may be deemed necessary by the Post.

Section 3. All vacancies existing in the Executive Board other than the expiration of the term shall be filled by a majority vote of the remaining members of the Board. A person so appointed shall hold office for the unexpired term of the vacating member. A vacancy shall exist when a member is absent from his post for three consecutive meetings without a legitimate excuse. Another reason for a vacancy may be resignation, accomplished by the member tendering said resignation by a verbal or written form with a Post 111 Executive member present.

Section 4. The Post shall operate the Lounge as a separate entity. The Walter Rhoades Post 111 will own the Lounge and the business. The Lounge will be under the name of Post 111. The Executive Board shall run the Lounge.

Section 5. All business of the Lounge will be reported to the Executive Board and the profit from the Lounge will be placed in the Post treasury.

Section 6. It shall take a vote of two thirds or better of all registered Walter Rhoades Post 111 members to vote in favor to sell the building and/or the Post property. The Executive Board shall ensure that all members are informed of this action and that at least a thirty-day time period is allowed for all members to submit their vote. The vote can either be submitted in-person or certified mail at Post expense.

ARTICLE 2.

Post Executive Board

Section 1. The administrative affairs of this Post shall be under the supervision of an Executive Board, which shall consist of the elected officers and three Members at Large. The chairman shall be the Post Commander. The Executive Board shall have at least one regular meeting each month to be held at a day and time to be agreed upon.

Section 2. Only the Commander, Vice Commanders, Adjutant, Finance Officer, Chaplain, Historian, Sergeant-at-Arms and Members-at-Large shall have a vote in the Executive Board.

Section 3. The Executive Board shall have supervision over all Post expenditures. The Executive Board shall have the power to curtail any expenditure deemed unnecessary or unadvisable.


ARTICLE 3.

Membership

Section 1. Eligibility of membership in this Post shall be as prescribed by the National Constitution of the American Legion.

Section 2. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Board.

Section 3. All applications for membership shall be acted upon at the next Post General Meeting and shall be accepted, rejected, or referred for investigation and consideration. If two-thirds or more members voting cast their vote against the acceptance of the application, then the application shall be recorded as rejected. A rejected application shall not be re- considered until after the expiration of six months from the date of said rejection.

Section 4. A member who has been expelled or suspended from this Post for any cause may be reinstated to membership upon completion of the disciplinary action. Reinstatement requires a two-thirds vote of the membership present at a Post meeting and the payment of current dues for the year in which the reinstatement occurs.

Section 5. No person who has been expelled by any Post shall be admitted to membership in this Post without the consent of the expelling Post. The person may then appeal to the State Executive Board of the Department of the expelling Post for permission to apply for membership in this Post. The person shall be ineligible for membership until such permission is granted.

Section 6. Post 111 shall pay all dues for Active Duty Military Personal.

ARTICLE 4

Officers

Section 1. The officers of this Post shall be a Commander, Senior Vice Commander, Junior Vice Commander, Adjutant, Finance Officer, Chaplain, Sergeant-at-Arms, Historian, three members-at-large, an appointed Post Service Officer, and an appointed Judge Advocate.

Section 2. All officers shall be elected annually by ballot and shall hold office until their successors are duly installed or as otherwise provided. Executive Board Members at Large shall be elected to three-year terms. During the first year one member shall be elected to a one-year term, one member to a two-year term, and the third to a three-year term so that only one member-at-large shall be elected as a Board member each election. Members of the executive Board may hold only one office at a time.

Section 3. Every member of this Post in good standing shall be eligible to hold office in this Post, but shall not be elected to hold more than one office at a time.

Section 4. Any officer or member of the Executive Board may be removed for inefficiency by a two-thirds vote of the Executive Board. Three consecutive unexcused absences from scheduled Post meetings are grounds for removal or voluntary resignation.

ARTICLE 5

Duties of Officers

Section 1. DUTIES OF THE COMMANDER

The Commander shall be the Chief Executive Officer of the Post and shall:

A. Preside at all meetings of the Post.

B. Have general supervision over the business affairs of the Post. 

C. Be authorized to sign checks of the Post, together with the Finance officer or, if necessary, the Adjutant (two signatures required for amounts that exceed $1,000.00); Text or Email Authorization is acceptable to comply with the two signatures requirement. One signature is authorized for the Commander and Finance Officer not to exceed $1,000.00.

D. Approve all orders directing the disbursement of funds.

E. Make an annual report covering the business of the Post and make recommendations for the ensuing year. The report shall be read at the General Membership meeting and a copy forwarded to the Department Adjutant. 

Section 2. DUTIES OF VICE COMMANDERS

The Vice Commanders shall:

A. Assume and discharge the duties of the Commander in his/her absence or disability or when called upon by the Commander.

B. The Senior Vice Commander shall be the chairman of the Membership Board.

C. The Junior Vice Commander shall be the chairman of the Entertainment Board.

Section 3. DUTIES OF THE ADJUTANT

The Adjutant shall:

A. Have charge of and keep a full and correct record of all proceedings of all meetings.

B. Be authorized to sign checks of the Post in conjunction with the Finance Officer or Commander.

C. Keep minutes and an electronic audio recording of all Executive Board, General Membership, and Special Meetings. Minutes should be distributed to all members for review. 

D. Keep such other records as the District, Department and National organizations may require.

E. Submit reports of membership annually or when called upon at a General Membership meeting.

F. Under the direction of the Commander, handle all correspondence of the Post, and perform other duties as directed by the membership of the Post.

Section 4. DUTIES OF THE FINANCE OFFICER

The Finance Officer shall:

A. Provide control of all finances and deposit Post funds in the bank approved by the Post members.

B. Balance bank passbook at least every thirty (30) days.

C. Report the condition of the finances to the membership at every General Membership meeting.


D. Report the condition of the finances at every Executive Board meeting.

E. Submit such recommendations to the membership and/or the Executive Board, as may be deemed necessary, for raising funds to carry out the activities of the Post.

F. Be authorized to sign checks, together with the Commander or Adjutant, after approval by the members of the Post at a General Membership meeting.

G. Issue no checks unless it’s a valid business reason(s) such as but not limited to: basic inventory, utilities, common bills and pay roll. All other expenditures must go before membership for approval.

H. Perform such other duties as are directed by the Executive Board or membership of the Post.

I. Be authorized to make recurring payments without needing approval by Post members at a regular meeting.

J. Procure Bonds that cover officers authorized to sign checks.

Section 5. DUTIES OF THE CHAPLAIN

The Chaplain shall:

A. Be charged with the spiritual welfare of the post comrades and will offer divine but non-sectarian service in the event of dedications, funerals, and public functions.

B. Adhere to such ceremonial rituals as are, from time to time, recommended by the District, Department and National headquarters.

C. Perform such other duties as directed by the membership of the Post.

Section 6. DUTIES OF THE  SERGEANT-AT-ARMS

The Sergeant-At-Arms shall:

A. Preserve order at all meetings.

B. Be guardian of the Post colors.

C. Be responsible for the setup of the meeting room and for the greeting and introduction of guests.

D. Be responsible for checking all members for paid-up membership cards.

E. Perform other duties as directed by the Executive Board.

Section 8. DUTIES OF THE HISTORIAN

The Historian shall:

A. Be charged with the individual records and incidents of the Post and Post members and perform such other duties as are directed by the Executive Board and the membership of the Post.

Section 9. DUTIES OF THE SERVICE OFFICER

The Service Officer:

A. Is responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted to them by law.

B. Must know how to utilize the expert services available through Legion channels, as well as those of other agencies in his community.

C. Must know how to get information to the full-time professional to make certain that every veteran and his dependents are adequately represented.

D. Can aid in coordinating the support of the Post with the national effort.

(The Service Officer’s Manual prepared by the National Veterans Affairs and rehabilitation Division provides the Service officer with basic information. Necessary claims forms can be secured from the Department Service Officer. Training schools for Post Service Officers are held periodically to increase the Officer’s knowledge and contacts.
)

Section 10. DUTIES OF THE MEMBERS-AT-LARGE

The Members-at-Large shall be charged with the duties as directed by the Commander, and be known as members of the Post Executive Board.

Section 11. ELECTION OF OFFICERS

A. The Adjutant shall notify each member of the nominations and elections of Post Officers for the coming year. Such notification shall be made by mail during the month of March.

B. Nomination shall be open during the April General Membership meeting. Nominations will be accepted from the floor.

C. All elected officers shall be elected by secret ballot at the annual election except for officers whose term has not expired.

D. Elections shall be conducted at the May membership meeting. Write-in privileges shall be provided on the ballot.

E. The Adjutant, Sergeant-at-Arms, and a member designated by the Commander shall constitute the election Board.

F. Members-at-Large shall consist of three separate positions. One position will be classified as Member-at-Large for one year. The second designation, Member-at-Large for two years. The third designation, Member-at-Large for three years. These individuals will be elected to three-year terms, one, one-year term per designation. (During the first year, one member shall be elected to a one year term, one member to a two-year term, and a third to a three-year term so that only one Member-at-Large shall be elected as a Board member each election.)

G. Members of the Executive Board may hold only one office at a time.

ARTICLE 6.

Appointments

Section 1. APPOINTMENTS

The Commander, immediately upon taking office each year, shall appoint such committees as deemed necessary by the Executive Board to fully comply with District, Department and National mandates and to carry out the Post’s activities.

The committees shall include but not be limited to: Americanism, Audit, Bingo, Boys State, Ceremonial, Children & Youth, Finance, Media, Membership, Oratorical and Bylaws.

The commander shall appoint a Chairman for each committee. 

Section 1a. MANDATORY APPOINTMENTS

The Commander will appoint an Audit Committee. The purpose of their audit is to determine whether the Post is providing fair and accurate representation of its financial position by examining information such as bank balances, bookkeeping records and financial transactions. The Audit Committee must be established within 30 Days after the new Commander is installed. Their Audit Report must be presented no later than 60 days after establishment of the commitee.

Section 2. GENERAL DUTIES OF COMMITTEES

The duties of the Committees shall be as naturally falls to such Committees. Further details are listed in the American Legion Officers Guide.


ARTICLE 7.

Dues and Assessments

Section 1. The annual dues of the members shall be prescribed by the Executive Board and payable in advance annually prior to the 31st of December of each year.

A member whose dues for the current year have not been paid by January 1st shall be classified as delinquent. If their dues are paid by February 1st, they shall be automatically reinstated. If they are still delinquent after February 1st they shall be suspended from all privileges. If they are still under suspension by June 30th of such year, their membership in the American Legion shall be forfeited. Any membership that has forfeited may be reinstated by payment of current annual dues.

Section 2. The Post shall pay annual dues for the Commander, the Adjutant, and the Finance Officer.

ARTICLE 8

Meetings

Section 1. MEMBERSHIP

Regular membership meetings of this Post will be held the second Tuesday of each month at 1800 at the Post. Post business will be brought forward before the membership. An agenda for the meeting will be provided. Meetings may be held remotely via electronic means (Zoom, etc).

Section 2. EXECUTIVE BOARD

Regular meetings of the Executive Board shall be held the first Tuesday of each month at 1800 at the Post. Meetings may be held remotely via electronic means (Zoom, etc).

Section 3. SPECIAL MEETINGS

A majority of the Executive Board shall have the power to call a special meeting. A majority is defined as six members. Members will be provided no less than 48 hours’ notice prior to the convening of a Special Meeting. Meetings may be held remotely via electronic means (Zoom, etc).

Section 4. QUORUM

Four officers and five members shall constitute a quorum at all Membership meetings. Members-at-Large can count as General Membership.

Section 5. RECORDINGS OF MEETINGS

An audio recording of all Executive Board, General Membership, and Special Meetings shall be kept on an electronic recording device operated by the Adjutant. Recordings of meetings shall be maintained for a minimum of 12 months from the date of the meeting.

ARTICLE 9

Notices

Section 1. Every member shall furnish his or her current mailing address and/or e-mail address to the Adjutant for communication purposes.

Section 2. The Adjutant will give notice of the annual elections to the membership

at least two meetings prior to the election. 

Section 3. The Adjutant shall notify all members in good standing of any special notices or election that concern the operation, assessments or penalties to the Post.

Section 4. It will be the responsibility of each member to read and keep abreast of bulletins posted on the Post Bulletin board.

Article 10

Rules of Order

All proceedings of this Post shall be conducted under and pursuant to Roberts Rules of Order.

ARTICLE 11

Limitations of Liabilities

This Post shall incur, or cause to be incurred, no liabilities or obligations whatsoever which shall subject liability to any other post, members of the American Legion, or other individuals, corporations or organizations.

ARTICLE 12

Amendment of Constitution and Bylaws

Section 1. The Constitution and Bylaws are adopted subject to the provisions of the National Constitution of The American Legion, the Constitution of the Department of Colorado and the Constitution of District No. 4. Any amendment to this Constitution and Bylaws, which is in conflict with any provision to said national, department, or district Constitution or Bylaws shall be regarded as automatically repealed or modified to the extent of such conflict.

Section 2. Amendments may be proposed by any membership in good standing either in writing or by a motion from the floor. A Quorum for any vote from the floor shall consist of at a minimum of four officers and five members in good standing.

Section 3. All proposed amendments should be turned over to the Bylaws Committee Chairperson with the recommendations to the Executive Board prior to notification to the membership.

ARTICLE 13

DISCIPLINE OF POST AND POST MEMBERS

Section 1. Post 111 of the American Legion shall be the judge of its own membership, subject to the restrictions of the Constitution and By-laws, except that no person who is a member of an organization which has for its aim the overthrow of the United States Government by force or violence, or who subscribes to the principles of any group opposed to our form of government, shall not be eligible to become or remain a member of The American Legion.

Section 2. Post 111 may suspend or expel a Post member from The American Legion only after providing the member due process and a proper showing of cause. Charges shall be based upon, Disloyalty, Neglect of Duty, Dishonesty, and/or Conduct unbecoming a Member of The American Legion. All charges must be made under Oath in a written statement by the Accusers and no member in good standing shall lose their membership until given a fair trial by Post 111 or Department of Colorado in such manner and form which Post 111 or the Department of Colorado By-laws and or Department Executive Committee shall prescribe.

Section 3. Any member that has been suspended or expelled has the right of appeal to their Department Executive Committee, or to the Department of Colorado Convention, according to the provisions in the By-laws of Colorado Department. The Decision of the Colorado Department shall be final.

Section 4. A member whose dues have not been paid on the members renewal date shall be classed as delinquent. If their dues are paid within 30 days of expiration, the member shall be automatically reinstated. If the member is still delinquent 30 days after expiration the member shall be suspended from all privileges. If the member is still under such suspension 120 days following expiration their membership in the American Legion shall be forfeited. A member so suspended or whose membership has been forfeited may be reinstated to active membership in good standing by a vote of Post 111 and payment of current dues; however, Post 111, Department of Colorado or the National Organization may waive the provisions hereof, upon payment of dues for the year in which reinstatement occurs’ with reference to former members who have been prevented from the payment of dues by reason of Active Military Service.

NOTES

OFFICES AND OPEN MEETINGS AND FILES

Section 1. All meetings of the Post and subordinate Committees will be held on Post property except for those called by higher headquarters.

Section 2. All meetings will be open to all members of the Post in good standing unless sensitive personnel matters are to be discussed. Meetings may be closed only during the time said personnel matters are actually being discussed.

Section 3. All records, documents and related materials of this Post and subordinate organizations will be maintained on Post property. Valuable papers will be secured in the Post office.

Section 4. All Post records, except personnel files, will be available to any Post officer upon request.

Section 5. Suitable shared office space and equipment will be provided on club property for Post officers.