Constitution and By-Laws of
The American Legion
Robert D. Clark Post No. 1205, Inc.
The American Legion, Department of Illinois
Chartered February 12, 1951
Adopted – March 5, 1958
Revised – June 6, 1962
Revised – March 15, 1995
Revised – February 2, 2005
Preamble
For God and Country, we associate ourselves together for the following purposes: To uphold and defend the Constitution of the United States of America, to maintain law and order, to foster and perpetuate a one-hundred percent Americanism, to preserve the memories and incidents of our associations in the Great wars, to inculcate a sense of individual obligation to the community, state and nation, to combat the autocracy of both the classes and the masses, to make right the master of might, to promote peace and goodwill 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 I – Name
Section 1: The name of this organization shall be The American Legion Robert D. Clark Post No. 1205, Inc., The American Legion, Department of Illinois.
Article II – Objects
Section 1: The objects and purposes of this post shall be to promote the principles and policies as set forth in the foregoing preamble, and the national and departmental Constitutions of the American Legion.
Article III – Nature
Section 1: This post is a civilian organization and membership therein does not affect or increase liability for military or police service.
Section 2: This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles or 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 his military or naval title in any meeting of this post.
Article IV – Membership
Section 1: The National Constitution of The American Legion shall prescribe eligibility for membership in this post.
Section 2: Application for membership shall be made in writing on the official membership application including but not limited to: a copy of prospective members DD214 or applicable separation papers, date of birth and the name of spouse or next of kin under such regulations as may from time to time be prescribed by the post Executive Committee.
Section 3: All applications for membership shall be acted upon at the next post meeting following the making of such application, and shall at such meeting, be accepted, rejected or referred for further investigation and consideration. If a majority of the members cast their vote against the acceptance of said application, then such application shall be recorded as rejected, and shall not be reconsidered for at least six months.
Section 4: Any member of this post may be expelled for cause by a two-thirds vote of the Post and the Executive Committee on charges proffered under oath in writing and only after a fair trial had upon the same is held. These hearings shall be conducted pursuant to “Practice and Procedure in the Expulsion or Suspension of a member of the American Legion”, Page 4-43, Paragraph A through Page 4-47 Paragraph C of ‘Officers American Legion Guide and Manual of Ceremonies’ (Revised January 1994, 32nd Ed.) which is hereby incorporated by reference as though fully set forth herein and hereinafter attached and marked as attachment
Section 5: A member who has been expelled or suspended from this post for any cause may be reinstated to membership by a two-thirds vote of the membership present in the post meeting, and the payment of current dues for the year in which reinstatement occurs.
Section 6: No person who has been expelled by a post shall be admitted to membership in this post, without the consent of the expelling post, except that where such consent has been asked for and denied by such post, he may then appeal to the state Executive Committee of the department of the expelling post for permission to apply for membership in this post, and shall be ineligible for membership until such permission is granted.
Article V – Officers
Section 1: The administrative affairs of this post of The American Legion shall, except as may be otherwise provided by these by-laws, be under the supervision of an Executive Committee that shall consist of five (5) members in addition to the officers of the post. The term of office of members of the Executive Committee shall be for one year. This post, by its by-laws, may provide for such other standing committees as the business of the organization may require. The policy-making decisions shall reside in the members of the post at large, in a duly constituted meeting.
Section 2: The five (5) officers of this post shall be: 1. Commander 2. Senior Vice Commander 3. Junior Vice Commander 4. Finance Officer 5. Adjutant and four (4) Directors who shall be elected annually. The immediate past Commander shall be retained as the tenth member of the Executive Committee. The appointed officers shall be, a Chaplain, a Historian, a Sergeant-at-Arms, a Judge Advocate, a Service Officer, a Medical Officer, a Publicity Officer, and such other officers as may be deemed necessary by this organization, who shall be appointed by the Post Commander.
Section 3: All officers and committeemen shall be elected annually and they shall hold office until their successors are duly installed, or as otherwise provided. The Executive Committee may remove any officer of committeeman for any violation of post policies, a two-thirds vote of said committee being necessary to effect such removal.
Section 4: Every member of this post in good standing shall be eligible to hold office in this post.
Section 5: The duties of officers and the Executive Committee shall be those usually appertaining to such officers or committeemen and as further provided for in these by-laws.
Article VI – Finance
Section 1: The revenue of this post shall be derived from membership or initiation fees, from annual membership dues and from such other sources as approved by the post-executive committee.
Section 2: The amount of such membership or initiation fees and the amount of such annual post dues shall be fixed and determined by this post.
Section 3: The post shall pay to departmental headquarters the national and departmental annual membership dues for every member of this post, upon receipt of said dues from each individual member.
Section 4: the Commander and the Finance officer shall sign all checks disbursing monies of the post. In the absence of the Commander, and/or the Finance officer, the Senior Vice Commander, and/or the Junior Vice Commander may sign checks. All checks disbursing monies of the post must have at least two (2) authorized signatures with the exception of bar related expenses and payroll that shall be valid with one signature of the manager.
Section 5: All donations and contributions received in a form not compatible with the current investment program shall be appraised and converted to appropriated investment instruments by the executive committee.
Section 6: All funds of The American Legion, Robert D. Clark, Post No. 1205, Inc. shall be invested in or under the “Prudent Man Rule” upon investigation, with due diligence and approval of the executive committee. These funds must be remitted to a bank account within seven (7) days of receipt.
Section 7: All disbursements shall be pursuant to a duly approved budget; further any disbursement must be approved and passed by a motion by the general membership.
Section 8: The fiscal year shall commence on September 1st and end on the following August 31st.
Article VII – Charter Members
Section 1: Members who joined the post prior to February 12, 1951 shall be known as Charter Members.
Article VIII – American Legion Auxiliary
Section 1: This post recognizes an auxiliary organization to be known as the Auxiliary Unit of the American Legion Robert D. Clark, Post No. 1205, Inc. Membership in the auxiliary unit shall be as prescribed by the National Constitution of The American Legion Auxiliary.
Section 2: This post recognizes the Sons of The American Legion to be known as a Squadron of The American Legion Robert D. Clark Post 1205. Membership in the Sons of the American Legion shall be as prescribed by the National Constitution of the Sons of the American Legion.
Section 3: This post recognizes the Legion Riders, to be known as the Legion Riders group of the American Legion Robert D. Clark Post 1205. Membership in the Legion Riders shall be as prescribed by the National Constitution of the American Legion.
Article IX – Amendments
Section 1: This constitution is adopted subject to the provisions of the national constitution of the American Legion and the department constitution of the Department of Illinois, the American Legion. Any amendment to said constitutions, which are in conflict with any provisions of this constitution, should be regarded as automatically repealing or modifying the provisions of this constitution to the extent of such conflict, but all other provisions herein shall remain in full force and effect.
Section 2: This constitution may be amended at any regular post meeting by vote of two-thirds of the members of said post attending such regular meeting, providing that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said post, and providing that written notice shall have been given to all members at least seven (7) days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposed amendment to the constitution is to be voted upon.
Article X – The Corporation
Section 1: The Commander as president shall chair The American Legion Corporation. The other officers being: Finance officer as Treasurer, Adjutant as secretary, Senior Vice Commander as Director, Junior Vice Commander as Director, and immediate past commander as director.
Section 2: The Adjutant as secretary shall be the registered agent.
Section 3: The registered office shall be the address of the post home.
BY-LAWS OF
THE AMERICAN LEGION
ROBERT D. CLARK POST No. 1205, Inc.
Department of Illinois
Article I
Section 1: The post existing under these by-laws is to be known as The American Legion Robert D. Clark Post No. 1205, Inc. The American Legion, Department of Illinois.
Article II – Management
Section 1: The government and management of this post are entrusted to an executive committee of ten (10) members, to be known as the “executive committee”. Any member at large may attend an executive committee meeting by making a request to attend such meeting at a regular post meeting immediately prior to the scheduled executive committee meeting.
Section 2: The executive committee shall consist of four (4) directors in addition to the five (5) officers of the post and together with the officers of this post shall be elected annually on the third Wednesday of July, with their installation at the next meeting in August and assuming office at the close of installation. All elections of officers and executive committeemen shall be by secret ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates. The immediate past commander shall be retained as the tenth (10th) member of the executive committee.
Section 3: All vacancies existing in the executive committee or in any office of the post from any cause other than the expiration of the term shall be filled by a majority vote of the remaining members of the committee, and a person so appointed shall hold office for the balance of the term of the member of the committee or officer whom he succeeds. A vacancy shall exist when a member or officer is absent from his post for three consecutive meetings, with the exception of family, employment or medical reasons, as determined by the executive committee.
Article III – Post 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 the installation of the new officers. Thereafter the post executive committee shall meet at 1:00 p.m. on the second Saturday of the month and as often as the post commander may deem necessary. All members of the executive committee are required to attend all post membership meetings as scheduled. The commander shall call a meeting of the post executive committee upon the joint written request of three (3) or more members of said post executive committee. Six (6) members of the committee shall constitute a quorum thereof.
Section 2: The post executive committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having custody of post funds; shall hear the reports of post committee chairpersons; and generally shall have charge of and be responsible for the management of the affairs of this post.
Section 3: The post commander shall appoint the Sons of The American Legion, and Legion Riders supervisory committees. Which shall each consist of three (3) or more members to be confirmed by the executive committee.
Article IV – Duties of Officers
Section 1: Duties of the Post Commander. It shall be the duty of the post commander to preside over all meetings of the post and to have general supervision over the business and the affairs of the post, and such officer shall be the chief executive officer of the post corporation. He shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the post for the preceding year, along with recommendations for the upcoming year, which shall be read at the annual meeting and a copy thereof shall be immediately forwarded to the department adjutant. The commander shall call a quarterly meeting with the commander and/or president and finance officer and/or treasurer of each post affiliate organization to foster communication, and coordination of activities, to encourage the organizations to set up a calendar of events. He shall perform such other duties as directed by the post.
Section 2: Duties of the Senior Vice Commander. The senior vice commander shall assume and discharge the duties of the office of the post commander in the absence or disability thereof, or when called upon by the commander. He shall be the chairman of the membership committee. He shall appoint said membership committee consisting of the junior vice commander and a minimum of two (2) members at large, to aid in the conducting of an aggressive membership program.
Section 3: Duties of the Junior Vice Commander. The junior vice commander shall assume, in the absence of both the commander and the senior vice commander, the duties of the commander. He shall be chairman of any pre-assigned committees as assigned by the post commander.
Section 4: Duties of the Post Adjutant. The adjutant shall have charge of, and keep a full record of all proceedings of all the post meetings and all the executive committee meetings, keep such records as the department and national organizations may require, render reports of membership annually or when called upon at the meeting, and under the direction of the commander, handle all correspondence of this post. He shall, at the meetings of installation make an annual report of his office.
Section 5: Duties of the Finance Officer. The finance officer of the post shall have charge of all the finances of the post and see that they are safely deposited in some local bank to the account of American Legion Robert D. Clark Post No. 1205, Inc., Department of Illinois and shall report to the membership and executive committee the conditions of the finances of the post with such recommendations as may be deemed expedient or necessary for raising funds with which to carry on the activities of the post.
Section 6: A quarterly report by the finance officer shall be provided to the membership at large and to the executive committee, along with a membership status report by the post adjutant.
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 other duties as may properly pertain to the office as may be determined by the post or the executive committee.
Section 8: Duties of the Post Chaplain. The post chaplain shall be charged with the spiritual welfare of the post, and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc. The post chaplain will adhere to such rituals as are recommended by the national or departmental headquarters.
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Section 9: Duties of the Sergeant-At-Arms. The sergeant-at-arms shall preserve order at all times during the meeting and shall perform such other duties as may be assigned to him from time to time. The sergeant-at-arms shall have the right to appoint any assistant he deems necessary to carry out his assigned duties.
Article V – Delegates
Section 1: Delegates and alternates to a department convention shall be elected by ballot by the post at a regular meeting of the post to be held at least thirty (30) days prior to the date of such convention.
Section 2: The post commander shall be the first delegate of the post to the department convention, and shall be the chairperson of the delegation.
Section 3: Members shall vote for the total number of delegates less one and the number of alternates to which the post is entitled no choice being indicated as to the votes for delegates and alternates. Those candidates less one than the number of delegates to which the post is entitled receiving the highest vote shall be officially designated the delegates of the post, and those candidates receiving the next highest votes to the number of delegates to which to post is entitled shall be alternates.
Section 4: The post commander shall appoint all delegates and all alternates to the DuPage County Executive Committee up to six (6) members.
Article VI – Appointments
Section 1: The post commander immediately upon assuming office each year, may appoint the following standing committees: Americanism, Ceremonials, Children and Youth, Economic, Finance, Foreign Relations, Graves Registration and Memorial, House and Entertainment, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, National Security, Sons of the American Legion and Visiting or VAVS. Such standing committees shall consist of such members as determined by the post commander, and the post commander shall designate the chairperson of each committee.
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, activities, and civic betterment, etc.
Section 3: Ceremonials Committee. The principal duty of the ceremonials committee is to ensure that all new members are properly initiated. The committee must also concern itself with the proper presentation of other rituals outlined in the manual of ceremonies – burial detail and wearing of Legion regalia.
Section 4: Children and Youth Committee. Shall be charged with aid and service to children of veterans, cooperating with other established agencies in the community, laboring for the betterment of child conditions and in coordinating services and agencies in the community for the above purpose. To act as intermediary for the needy child of a veteran in obtaining fulfillment of the 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 5: Economic Committee. The post economic committee is primarily concerned with local employment programs. Veteran’s preference, government employment and reemployment rights.
Section 6: Finance Committee. The post executive committee shall act as the 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 for all post funds.
Section 7: Foreign Relations. This committee has become active, as America has reorganized its responsibility as a world leader. Maintaining and securing world peace and friendship abroad through community endeavors have become as essential as any aspect of treaty law.
Section 8: Grave Registration and Memorial Committee. The duties of this committee involve recording of gravesites and complete information on veteran’s burial in cemeteries assigned to the post. Special assistance can be given the service officer in providing flags, headstones or proper interment in national cemeteries.
Section 9: House and Entertainment Committee. The house and entertainment committee handles quarters, promotion of club advantages and arrangement of social activities.
Section 10: Legislative Committee. The legislative committee needs to have knowledge of what is going on in Congress – what we favor or oppose, and should be ready to initiate action in support of our position when requested by the national or department organization.
Section 11: Membership Committee. The membership committee shall have charge of all matters pertaining to the membership of the post, including procurement of new members, reinstatements and eligibility of members.
Section 12: Public Relations Committee. The public relations committee shall be charged with the promotion of public support of the Legion’s program by the establishment of proper contact with the American Legion Magazine, department and national Legion news service and by local publicity of post programs and activities.
Section 13: Veterans Affairs and Rehabilitation Committee. The veterans affairs and rehabilitation committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or state government, employment, relief etc.
Section 14: Security Committee. The security committee shall work with and coordinate Legion efforts with the local civil defense council on matters pertaining to national, civilian, and home defenses. It shall assist the armed forces of the United States in recruiting efforts and in every way be active in community activities for the defense of the nation and the security of the American homeland.
Section 15: Sons of the American Legion Committee. This committee shall have supervisory power over the operations of the post’s squadron of the Sons of The American Legion.
Section 16: Visiting or VAVS Committee. This committee is charged with the visiting and comforting of members and their families when sick or bereaved and with visiting ex-servicemen in nearby hospitals.
Section 17: Legion Riders Committee. The Legion Riders committee shall have supervisory responsibility for the Legion Riders organization.
Article VII – Resolutions
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 option of this post on the subject and 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 1: The regular meeting of the post shall be held at the designated location on the first Wednesday of each month at 7:30 p.m. at which may be transacted such business as may be properly brought up for action, such meetings may be converted into entertainment meetings, as may be deemed advisable by the officers of the post.
Section 2: The post commander or a majority of the executive committee shall have power to call a special meeting of the post at any time. A special meeting shall not transact any business other than that specified in the call.
Section 3: Upon written request of ten (10) Legion members, the executive committee shall call a special meeting of the post.
Section 4: Six (6) members in good standing, excluding the commander shall constitute a quorum.
Section 5: Voting on a motion brought before the post members at a scheduled special meeting shall be accepted or rejected by a majority vote of the members present at such a meeting.
Article IX – Notices
Section 1: Every member shall furnish the post adjutant with his or her current address for mailing purposes.
Section 2: The post adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.
Article X – Nominations and Elections
Section 1: The executive committee shall appoint a nominating committee consisting of five (5) members, (1). The immediate past commander, or the next available past commander by recentness of service. Two (2) elected officers, and two (2) members at large at the January meeting.
Section 2: The nominating committee will provide a meeting with the executive committee slating their prospective candidates at the April meeting.
Section 3: The nominating committee shall proceed to select the new slate of officers and directors. After selection by the nominating committee and approval by the executive committee, the post adjutant shall notify all members by mail at least fourteen (14) days prior to the election.
Section 4: Any member who has submitted his name to the nominating committee or was nominated from the floor but not slated may have his name placed on the ballot by petition. The petition must contain the member’s signature and the date signed and must state the office that the petitioner is seeking. The petition must contain at least five percent of the signatures of the membership of the post that are in good standing with their dues to be determined by the post adjutant. Such petition shall not be signed by anyone prior to the report of the nominating committee. Any nomination petition must be turned in to the post adjutant at least one week prior the election.
Section 5: A member may not run for two offices concurrently, he must make a choice of office prior to the closing of nominations.
Section 6: No name shall be placed in nomination without the consent of the nominee.
Section 7: The election of this post shall be held under the auspices and jurisdiction of an election board of three, who shall hold the full power of the election. The election board shall consist of the sergeant-at-arms, acting as judge, and two members-at-large, acting as tellers, who are not candidates for any office and shall be appointed by the post commander. The election will take place on the third Wednesday in May.
Section 8: Should the post commander fail to appoint such an election board; it shall be the duty of the immediate past commander to appoint such a board.
Section 9: Only members in good standing shall be allowed to vote in elections. This election board shall have full power over the election from opening of the nominations to the close of the elections. Members may vote by absentee ballot, sealed and presented to the adjutant one week prior to the election.
Section 10: Any member to be considered for office by the nominating committee must meet the bonding criteria established by the insurance company.
Article XI – Past Officer’s Tokens
Section 1: This post shall incur or cause to be incurred no liability or obligation whatever which shall subject to liability any other post, subdivision, group of men, members of the American Legion, or other individuals, corporations or organizations.
Section 2: The physical location of The American Legion Robert D. Clark Post No. 1205, Inc. and/or the post home is limited to the state of Illinois, the county of DuPage, and the township of Addison.
Article XIII – Rules of Order
Section 1: All proceedings of this post shall be conducted under and pursuant to Roberts’ Rules of Order, except as herein provided.
Amendments
Section 1: These by-laws may be amended at any regular post meeting by a vote of two-thirds of the members of said post attending such regular meeting: Provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said post, and provided that written notice shall have been given to all members at least seven (7) 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.