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AMERICAN LEGION

MONTGOMERY – PLANT – DUDLEY

POST NO. 10 - WAUSAU, WI

Department of Wisconsin

 

POST BY-LAWS

Effective October 15, 2019

 

ARTICLE 1 – OVERVIEW

 

  1. This Post, existing under these Bylaws, is known as American Legion Montgomery-Plant- Dudley Post 10, Wausau, WI.

  2. The objectives of this Post are set forth in the Preamble of our Constitution.

     

     

    ARTICLE II – MANAGEMENT

     

  3. The government and management of the Post is entrusted to all elected officers and 3 (three) member Trustees, and Past Commander, to be known as the “Executive Committee”.

  4. The Executive Committee shall consist of all elected officers plus three (3) Trustees. The officers are elected biannually, in May, and serve their term coincident with the fiscal year beginning July 1 and terminating on the second year of their term on June 30. All elections of officers and Trustees shall be by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office for which they are a candidate. Trustee elections are addressed in ARTICLE V of this document.

    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 Executive Committee, and the member so elected shall hold office for the unexpired term of the member of the Executive Committee or officer who succeeded.  A vacancy shall exist when a member or officer is absent from the Post as agreed upon by the Commander, Vice Commanders, and Adjutant for a continuous period considered detrimental to the interest of the Post.

     

     

    ARTICLE III –  EXECUTIVE COMMITTEE

     

  5. The Post Executive Committee shall meet for organization and other business as may come before it at the call of the Post Commander within 14 days after the beginning of the new fiscal year. Thereafter the Post Executive Committee shall meet at the call of the Commander at least every 30 days, with the consideration to forgo July and December depending on Post activity, and as often as said Commander may deem necessary.The Commander shall call a Special meeting of the Post Executive Committee upon the joint written request of three or more members of the Post Executive Committee. Nine (9) members of the committee shall constitute a quorum for all meetings.

  6. The Post Executive Committee shall hire employees as necessary, shall authorize and approve all Annual Budgets; shall require adequate bonds for all persons having the custody of Post funds; shall hear the reports of Post committee chairs; and generally, shall have charge of and be responsible for the management of the affairs of this Post.No officer or any member of the Executive Committee can exceed five hundred dollars ($500.00) in expenditures, over the approved budget, without the approval of the general membership at a scheduled meeting.

     

     

    ARTICLE IV – DUTIES OF OFFICERS

     

  7. Duties of 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 shall be the Chief Executive Officer of the Post.The Post Commander shall keep abreast of the disbursements of funds, present an annual report addressing the business of the Post for the year, and provide recommendations for the ensuing year.The proposal shall be read at the Annual Membership meeting, to be held in May of each calendar year, and a copy of the report sent to the Department Adjutant.The Post Commander shall perform such other duties as directed by the Post including the formation of Ad Hoc committees as necessary for the operation of the Post.

  8. Duties of the Vice Commanders.In order of the respective position of First or Second, Vice Commanders, they shall assume and discharge the duties of the commander in the absence or disability of, or when called upon by the Post Commander.The general duties of each Vice Commander shall be assigned by the Commander to each Vice Commander based on capabilities and desires of each Vice Commander.These assignments may include but not limited to membership recruitment, retention, media and publicity, activities, and fundraising.

  9. First Vice Commander.The First Vice Commander shall be the first replacement to the Commander, if needed, and accept other duties as assigned by the Commander.

  10. Second Vice Commander.The Second Vice Commander shall accept duties as assigned by the Commander.

  11. Duties of the Post Adjutant.The adjutant shall have charge of and keep a full and accurate record of all proceedings of all meetings, keep such records as the Department and National organization may require and render reports of membership annually or when called upon at a meeting. The Adjutant will keep a signed record of approved minutes from each Annual Membership meeting to be held annually in May of each calendar year. This record is to be maintained for a minimum of seven (7) years. The Adjutant shall handle normal administration of the Post and maintain a register and mailing list of all Post members.Additionally, as directed by the Finance Officer, the Adjutant may collect dues and/or donations and deposit these funds in the appropriate Post financial accounts.

  12. Duties of the Finance Officer.The Finance Officer shall have charge of all Post financial transactions, bonding of members as appropriate or directed, and procurement of adequate insurance to protect Post assets. This includes all deposits in an accredited financial institution in a timely manner. Once a month, the Finance Officer will provide the current financial condition of Post with recommendations as necessary for raising funds to carry on the activities of the Post.The Finance Officer and either of three (3) other authorized Officers (Commander, 1st Vice Commander, and Adjutant) are authorized signatures on Post checks.In the event of the unavailability of the Finance Officer, any two (2) of the other three (3) authorized members may sign all checks disbursing money of the Post.The Finance Officer shall have the power to demand and receive, on behalf of the Executive Committee, reports from all officers and committees who are responsible for or are engaged in any money or financial transactions involving any part of Post operations and activities.The Finance Officer shall be the chair of the Finance Committee.The Finance Officer may direct the Adjutant to collect all dues, donations and miscellaneous funds for deposit.The Finance Officer may not be related, either through blood or marriage, to the Commander, 1st Vice Commander, or Adjutant to avoid any conflict of interest in financial matters.

  13. Duties of Post Historian.The Historian shall be charged with the historical records and incidents of members and shall perform these duties as they pertain to this office.

  14. Duties of Post Chaplain.The Chaplain charged with the spiritual welfare of all Post members and will perform a non-sectarian service in the event of dedications, funerals, and public functions.The Chaplain shall adhere to such ceremonial rituals as are recommended by the National or Department Headquarters.The Chaplain shall supervise matters relative to the visiting and comforting of Post members, their families when they are either sick or bereaved, plus visiting hospitalized ex-service members.

  15. Duties of Judge Advocate.The Judge Advocate will give advice in the conduct of Post business or to procure proper counsel. The Judge Advocate is the guardian of the Constitutional form of Post government.

  16. Duties of Service Officer.The Service Officer will chair the Veteran’s Service and Family Resource Committee and be responsible for implementing the Post activities related to the support of “Veterans in need”.The Service Officer will also maintain appropriate records to account for distribution of funds and services and report to the Executive Committee on a monthly basis those services provided.The Service Officer will also be available for assistance in community welfare matters, working with other veterans’ and community service organizations.The Service Officer will be responsible for providing to the Post Webmaster and/or the Post multi-media social outlets information related to available veteran services and programs.

  17. Duties of Sergeant-at-Arms.The Senior and Junior Sergeant-at-Arms (respectively) duties include being knowledgeable of arrangements required for meeting areas, assisting the Post Commander and Adjutant in the preliminary arrangements for the meeting.The Sergeant-at-Arms is the custodian of the colors and in charge of the color detail during the presentation and retirement ceremonies of the colors.They are in charge of flag etiquette and should be knowledgeable on the proper flag display and procedures. Duties also include raising and lowering of the flag at our primary meeting location, 1001 Golf Club Rd, Wausau, WI. Their duties also include that all members and guests are welcomed at Post functions.They will be charged to enforce the removal of disorderly attendees at the order of the Post Commander.

  18. Duties of the Past Commander.Outgoing Commander automatically becomes Past Commander and their job is to assist and mentor the incoming Commander.

  19. Duties of Trustees.Trustees shall be voting members of the Executive Committee.

  20. Duties of Liaison Officer.The Liaison Officer is the public representative of the Post.The Liaison Officer will be the primary communications avenue for the news media, to other Posts for joint events, and community interaction at military related events including interaction with the Post host facility location, its management staff, and Dudley Foundation.

 

 

ARTICLE V – TRUSTEES

  1. Elections: The Post membership shall elect one (1) Trustees at its Annual Membership meeting in May to a three (3) year term following the same protocol of nomination and election as existing officer procedures.

  2. Duties: Trustees duties and responsibilities will be advisory in nature, and are specific as follows:

  3. Trustees shall ensure that the Post has a clear vision, mission and strategic direction, and is focused on achieving these

  4. Ensure the Post complies with all legal and regulatory requirements

  5. Ensure that the Post’s governance is of the highest possible standard

  6. Advise the membership on whether the operational plan and budget reflect the appropriate strategic direction

  7. Monitor the progress of the Post towards the current strategic goals

  8. Monitor the Post’s reputation, and other intangible assets

  9. Report at the Annual Membership meeting on the Executive Committee’s performance

  10. Participate in the annual audit of the Post financials, with authority to secure at Post expense professional auditors to assist with the discernment and tracking of funds

  11. Trustees are automatically assigned to the Financial Investment Committee as part of their fiduciary responsibilities to protect the financial investment assets of the Post

     

     

ARTICLE VI – APPOINTMENTS

 

  1. The Post Commander, immediately upon taking office, shall appoint any standing committee to include, but not limited to the following committees:Americanism Children-Youth-Scholarship, Honor Guard, Finance, Financial Investment, Activities, Membership, Media/Public Relations, Veteran’s Service and Family Resource Committee and Sons of the American Legion.Standing committees shall consist of Post members with the Chairperson being a member of the Executive Committee as designated by the Post Commander.

  2. Americanism, Children-Youth-Scholarship Committee.The Americanism, Children-Youth-Scholarship Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions.The Committee will endeavor to encourage patriotic and civic phases of instruction in schools.The Committee will assist the Americanization of non-citizens along with combating anti-American propaganda by education of the general public in American ideals through public forums and activities for community and civic betterment. Furthermore, the Committee is charged with evaluating the nominations of high school seniors and eligible veterans to be the recipients of Post scholarship awards.The Committee will provide an application to be used for gathering, processing, and evaluating award candidates.The nominations shall be presented to the Executive Committee for final approval.The amount of the scholarship awards is based on the approved Post budgetby the Executive Committee upon recommendation of the Scholarship Committee with the assistance of the Finance Officer.

  3. Honor Guard Committee.The Honor Guard Committee is responsible to organize a detail to perform rituals at veteran’s funerals, patriotic events and patriotic holidays.They are authorized to maintain a financial account for Honor Guard activities with overall governance of the funds by the Financial Officer.

  4. Finance and Budget Committee. The Finance and Budget Committee shall be charged with the administration of the financial/fiscal policy, bonding, consolidation of budget recommendations relating to all Post operations and supervision of receiving, disbursing and accounting of all Post funds.Copies of financial reports shall be provided to the Adjutant for release to the Executive Committee monthly.

  5. Activities Committee.The Activities Committee is responsible for insuring that all gatherings of Post sponsored events are properly administered.These activities include but are not limited to:Post Dinners, children and family parties, social outings, etc.The Activities Committee should work closely with the Auxiliary on these gatherings.

  6. Membership Committee.The Membership Committee is in charge of all matters pertaining to the membership of the Post, including the recruitment of new members, reinstatement of past members, and eligibility of members.

  7. Media/Public Relations Committee.The Media/Public Relations Committee shall be charged with the promotion of public support of the Legion’s programs the proper contact with The American Legion Magazine, Department and National Legion news service and through the local publicity of Post programs and activities in all multi-media options.

  8. Sons of the American Legion Committee.This committee shall have supervision over the operations of the Post’s squadron of the Sons of The American Legion.

  9. Financial Investment Committee.The Financial Investment Committee primary function is to protect the financial investment assets of the Post.The committee is to comprise of the Post Commander, two Executive Committee members, and all three Trustees.The Finance Officer and Adjutant are not eligible to serve on this committee to avoid any conflict of interest in selection of investment options.The Finance Officer, Adjutant, and the Post’s Investment Broker may participate in the meetings and make recommendations to the committee.

     

     

ARTICLE VII – HONOR GUARD

 

  1. The Honor Guard is recognized as quasi-operational unit within the Post 10’s governmental and management structure. The primary purpose of the Honor Guard isto provide a militarily correct assemblance of ceremonial services on behalf of Post 10 members.Those services include but not limited to providing dignified military memorial services for deceased veterans, flag ceremonies, and parade formations.

  2. The military service to honor the deceased veteran may include a personal reading, a prayer suitable for all denominations, the rifle squad firing a three-round volley with their weapons, followed by Taps by a bugler/recording. At the conclusion the service, a Veteran’s Burial Flag is folded in the proper military manner, and then presented to the next of kin or designated recipient.

  3. The selection of the Honor Guard Commander (HGC) is conducted under direction and supervision of the Honor Guard Committee.A majority of the Honor Guard Committee may, at their discretion, notify the current Honor Guard Post members to convene a meeting at the Post address location with the intent to elect a new HGC.Nominations of perspective HGC will be made to the HG Committee either prior to or at the meeting.Selection of the HGC will be by majority vote of present members.No absentee voting permitted. The HGC remains in that position until resigning or a new HCC is selected by this process. The HGC does not serve or vote on the Executive Committee.However, the HGC is required to submit a report at monthly Executive Committee meetings detailing the Honor Guard’s monthly activities.

  4. The Post Commander, Vice Commanders, or Adjutant may from time to time request the Honor Guard presence at Post or community functions to provide a more visible presence of Post 10’s activities and/or support. The HGC is expected to provide Honor Guard support for these requests.

  5. The Executive Committee, may by a 2/3 vote of the majority present at an Executive Committee meeting vote to dismiss the HGC title from the current member and request the Honor Guard members select a new HGC.

  6. The Honor Guard’s daily financial transactions, typically minor expenses, are permitted to exist within a dedicated Honor Guard financial account operated by the HGC.The overall management and control of the account(s) falls under the Financial Office’s duties and fiduciary responsibilities.Improprieties associated with this account are cause for dismissal of the HGC by the Executive Committee.

 

 

ARTICLE VIII – RESOLUTIONS

 

  1. All resolutions of State or National scope presented to this Post by a member or reported to this Post by a committee shall merely embody the opinion of this Post on the subject.A copy of the Posts action will be forwarded to the Department headquarters for its approval before any publicity is given or action taken other than mere passage of the resolution by the Post.

     

 

ARTICLE IX – MEETINGS

 

  1. The regular meeting of the Post will be conducted at Bunker’s Grill, 1001 Golf Club Road, Wausau, WI 54403 on the third (3rd) Tuesday of each month.All Post business may be transacted if properly brought up for action.Meetings may be converted into entertainment/social events, as deemed advisable by the officers of the Post.

  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.

  3. Upon written request of twenty five (25) members, the Executive Committee shall call a special meeting of the Post.

  4. The Post will conduct an Annual Membership meeting to be held in May of each calendar year. The Adjutant will keep a signed record of the approved minutes from each Annual Membership for a minimum of seven (7) years.

     

     

ARTICLE X – NOTICES

 

  1. Every member shall furnish the Post Adjutant with an address for mailing and an email address, if available.

  2. The Post Adjutant will notify the member of the annual election at least two weeks prior, Notification can be via Newsletter, USPS, or email to the membership.

 

 

ARTICLE XI – RULES OF ORDER

 

  1. All proceedings of this Post shall be conducted under and pursuant to current Robert’s Rules of Order, except with majority vote at the scheduled meeting, the Rules may be suspended.

 

ARTICLE XII – LIMITATIONS AND LIABILITIES

 

  1. The Post shall incur or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other Post, subdivision, members of The American Legion, or other individuals, Memberships or organizations.

 

 

ARTICLE XIII – AMENDMENTS

 

  1. These By-Laws may be amended at any regular Post meeting by a vote of two-thirds of the members attending a regular Membership meeting; provided that the proposed amendment(s) has been submitted in writing and read at the preceding regular Membership meeting; and provided, further, that written notice has been given to all members at least 30 days in advance of the date when the amendment(s) is to be voted upon. Members must be notified that the intent of the meeting is to amend the By-Laws.

 


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