By-Laws
Of
Macon Post No. 108
Department of North Carolina
The American Legion
Article I - Name
Section 1. The Post existing under these By-Laws is to be known as Macon Post No. 108, Department of North Carolina, The American Legion.
Section 2. The objectives of this Post are as set forth in the Post Constitution.
Article II - Management
Section 1. All elections of officers and Executive Committee Members shall be by 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. (7)
Section 2. No name shall be placed in nomination without the consent of the nominee. This prevents promiscuous nominations and withdrawals. A Nominating Committee shall be appointed in February by 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 Executive Committee, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer whom he succeeds. A vacancy shall exist when a member or officer resigns or is absent from his post for a continuous period considered detrimental to the interest of the Post by the Executive Committee.
Section 4. All contracts, memorandums, agreements, and other documents shall be dated and a copy placed in the Post’s permanent files. (8)
Article III – Executive Committee
Section 1. The government and management of the Post shall be entrusted to the Executive Committee.
Section 2. The Executive Committee shall consist of the eight (8) elected officers, three (3) elected Executive Committee Members-at-Large, and one appointed member, the Judge Advocate. All members of the Executive Committee, whether elected or appointed, shall have full voting rights. (8)
Section 3. The Post’s Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander within 10 days after the installation of the new officers. Thereafter, the Executive Committee shall meet at the call of the Post Commander at least every 2nd Tuesday of each month, and as often as said Post Commander may deem necessary. The Post Commander shall call a meeting of the Executive Committee upon the joint written request of three (3) or more members of the Executive Committee. A simple majority of the Executive Committee shall constitute a quorum thereof.
Section 4. The Post’s 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 chairmen; and generally, shall have charge of and be responsible for the management of the affairs of the Post.
Section 5. All past Post Commanders of this Post may attend and be heard at Executive Committee meetings but have no voting rights.
Article IV – Duties of Officers
Section 1. 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. The Commander shall approve all orders directing the disbursement of funds and shall make a regular report covering the business of the Post for the year (Consolidated Report), and recommendations for the ensuing year, which shall be read at the annual meeting in May, and a copy thereof immediately forwarded to the Department Adjutant. The Commander shall perform such others duties as directed by the Post. (8)
Section 2. The First and Second Vice Commanders will have such duties as directed or appointed by the Post Commander. The First Vice Commander shall assume and discharge the duties of the Post Commander in the absence or disability of, or when called upon by, the Post Commander. The First Vice Commander shall be the Membership Committee Chairman. The Second Vice Commander shall be the Ceremonials Committee Chairman. (7) (8)
Section 3. The Adjutant/Finance Officer shall have charge of and keep a full and correct record of all proceedings of all meetings, keep all membership records and such records as the Department and National organizations may require, renders reports of membership annually or when called upon at a meeting, and, under the direction of the Post Commander, handle all correspondence of the Post. Additionally, the Adjutant/Finance Officer shall have charge of all general account finances, see that they are safely deposited in some local bank or banks, and shall report once a month to the Executive Committee on the condition of the finances of the Post, with such recommendations as he may deem expedient or necessary. The Adjutant/Finance Officer shall sign all checks disbursing the general account monies of the Post and shall procure such insurance and surety bonds in such sums as shall be fixed by the Executive Committee.
Section 4. The Post Historian shall be charged with the recording of Post activities, newsletters, and shall perform such other duties as may properly pertain to the office as may be determined by the Post Commander or the Executive Committee. The Post Historian shall be the Public Relations Committee Chairman. (8)
Section 5. The Post Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian service in the event of dedications, funerals, public functions, etc. adhering to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time. The Chaplain shall be the Visiting or VAVS Committee Chairman. (8)
Section 6. The Sergeant-at-Arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned by the Post Commander. (8)
Section 7. The Post Service Officer shall assist veterans, their widow(er)s, and/or their dependents in processing valid and legitimate claims for Department of Veterans’ Affairs and/or state veterans’ entitlements.
Section 8. The Judge Advocate will be an appointed position to the Executive Committee by the Post Commander and shall have full voting rights. The primary duty of the Judge Advocate is to supply professional advice in the conduct of the Post business or to procure proper counsel and is the guardian of constitutional form of Post government. (8)
Section 9. The BINGO Chairman, while not a member of the Executive Committee, shall be responsible for all activities conducted during the Post-sponsored BINGO games, shall maintain all related records, shall be responsible for the handling and depositing of all BINGO money, shall be responsible for obtaining and maintaining the state BINGO license, and shall be responsible for the disbursement of all funds from the BINGO account. The BINGO Chairman shall report monthly to the Executive Committee and the general membership on the status of the BINGO account. (6)
Article V – Delegates
Section 1. Delegates and alternates to a Department Convention shall be elected by the Post at a regular meeting of the Post to be held at least twenty (20) days prior to the date of such convention.
Section 2. Delegates will be required to render a report on the convention activities to the general membership at the next meeting following the convention. (4)
Section 3. For expense reimbursement, each Post delegate to the Department Convention or Conference must attend the General Conference meeting and the Division Caucus meeting. The exception being those delegates whose duties at the District or Department level conflict with these meetings.
Section 4. The Post, subject to the availability of funds, shall pay the following expenses for Post delegates to the National Convention: coach airfare, if required or mileage at the current rate used by the Department, $35 per day for food, and room charges as approved by the Executive Committee.
Article VI – Appointments
Section 1. The Post Commander, immediately upon taking office, shall appoint the following standing committees: Americanism, Ceremonials, Children and Youth, Graves Registration and Memorials, House and Entertainment, Legislative, Membership, Public Relations, Visiting or VAVS, and Finance. Such standing committees shall consist of such members, and the chairman thereof, as shall be designated by the Post Commander. The terms of such chairmen and committees shall expire upon the installation of the next Post Commander. (8)
Seection 2. 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, Americanism of aliens, combating anti-American propaganda by the education of the general public in American ideals through public forums, etc., and activities for community and civic betterment.
Section 3. The principal duty of the Ceremonials 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 Manual of Ceremonies, burial detail, and the wearing of Legion regalia. The 2nd Vice Commander shall be the committee chairman.
Section 4. The 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 purposes, to act as intermediary for the needy child of a veteran in obtaining the 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. The Graves Registration and Memorials Committee is involved with the recording of grave sites and complete information on veterans buried in cemeteries assigned to the Post. Special assistance can be given to the Service Officer in providing flags, headstones, or proper internment in national cemeteries.
Section 6. The House Committee shall have charge of all matters pertaining to the care and safety of the Post quarters. They shall post a set of rules and regulations governing the canteen and all non-American Legion functions. They shall have the authority, with good cause, to reprimand, suspend, or expel any member or guest prior to the Executive Committee’s approval for conduct detrimental to the proper environment and safety of the Post canteen. The suspension or expulsion of any member for any other reason shall be governed by the constitutions and by-laws of the American Legion Department of North Carolina and the National constitution and by-laws of the American Legion. The Canteen Manager will be a member of the House Committee.
Section 7. 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 organizations.
Section 8. The Membership Committee shall have charge of all matters pertaining to the membership of the Post, including the procuring of new members, reinstatement and eligibility of members. The 1st Vice Commander shall be the Membership Committee Chairman.
Section 9. The Public Relations Committee shall be charged with the promotion of public support of the Legion’s programs by the establishment of proper contact with The American Legion Magazine, department and national Legions news services, and by local publicity of Post programs and activities. The Post Historian shall be the committee chairman.
Section 10. The Visiting or VAVS (Veterans Affairs Voluntary Service) 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 11. The Finance Committee shall consist of a chairman and two other members and will be responsible for the annual audits of the General Account, the Care & Comfort Account, the BINGO account, the BINGO Special Account, the Canteen Account, and all other accounts established by the Post. (8)
Section 12. The Post Advisory Committee (PAC) shall consist of three members, a Chairman and two others, to oversee the activities of the Post-sponsored Sons of the American Legion (SAL) Squadron. The PAC Chairman will report to the Executive Committee as necessary to coordinate the efforts of the Squadron and to seek approval of Squadron activities. At least one member of the PAC will be present during all meetings and functions of the SAL Squadron.
Article 7 – Resolutions
Section 1. All resolutions of department or national scope presented to this Post by a member or reported to this Post by a committee shall merely embody the opinion of this Post on the subject and a copy of the 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 8 – Meetings
Section 1. The regular meetings of the Post shall be held at the Post home, 614 W. Main Street, Franklin, North Carolina, on the 2nd Tuesday of each month at 7:00 pm at which time may be transacted such business as may be properly brought up for action; such meetings may be converted into entertainment meetings, such 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.
Section 3. Five percent (5 %) of the Post’s final membership at the end of the previous year shall constitute a quorum. (8)
Section 4. Any member of The American Legion in good standing and with a valid dues card for the current year may attend a meeting of this Post. Only members of this Post may vote on Post issues.
Article 9 – Notices
Section 1. Every member shall furnish the Adjutant with his or her address for mailing purposes.
Section 2. The Post Adjutant shall cause notice of annual elections to be given at least two weeks prior thereto.
Article 10 – Amendments to By-Laws
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 preceding regular meeting of said Post; and provided further that written notice shall have been given to all members at least 14 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.
Article 11 – Finances
Section 1. All revenues from the Post-sponsored BINGO games will be allocated in the following descending priorities: all game expenses, fees, and cash awards; all Post expenses; donations to worthy local charities; and the Post Building Fund.
Section 2. The Post Commander is authorized to spend or otherwise obligate the Post to pay a maximum of $100 per month without prior approval of the Executive Committee. This amount may only be used for the good of the Post such as for immediate repairs, incidental expenses, etc. The Commander will report the expenditure(s) at the first meeting of the Executive Committee following such expenditure(s) and present the bill(s) to the Adjutant/Finance Officer for reimbursement. (2)
Section 3. No officer or member may loan, advance, or give money belonging to this Post to another person claiming to be in distress. If the member(s) do(es) not wish to make a personal donation/loan, then persons claiming to be in distress will be referred to local law enforcement or church organizations.
Section 4. The Post shall pay the following expenses for all elected delegates representing this Post and attending the annual Department Convention and periodic Department Conferences: registration fees, room charges, $35 per day for food, and fuel expenses upon submission of receipts. The Post shall likewise pay the following expenses for members attending the Department’s Legion College: registration fees, room charges, $35 per day for food, and fuel expenses upon submission of receipts. If a member shares a room with someone who receives reimbursements from another source, the member shall collect only half the room charges. (7) (8)
Section 5. Should a member who has paid the next year’s dues die before January 1st, the Post shall return said dues to the member’s family. (3)
Section 6. The Post shall reimburse the registration fee of a member enrolling in the American Legion Extension Institute on-line course. (8)
These By-Laws reflect those recommendations made in committee, read during the meeting of November 12, 1996, and approved by the general membership during the meeting of December 10, 1996. (1)
These By-Laws reflect those recommendations made in committee, read during the meeting of October 13, 1998, and approved by the general membership during the meeting of November 10, 1998. (2)
These By-Laws reflect those recommendations made in committee, read during the meeting of April 10, 2001, and approved by the general membership during the meeting of May 8, 2001.(3)
These By-Laws reflect those recommendations made in committee, read during the meeting of March 11, 2003, and approved by the general membership during the meeting of April 8, 2003.(4)
These By-Laws reflect those recommendations made in committee, read during the meeting of March 14, 2006, and approved by the general membership during the meeting of April 11, 2006.(5)
These By-Laws reflect those recommendations made in committee, read during the meeting of July 8, 2008, and approved by the general membership during the meeting of August 12, 2008. (6)
These By-Laws reflect those recommendations made in committee, read during the meeting of October 13, 2015, and approved by the general membership during the meeting of November 10, 2015. (7)
These By-laws reflect those recommendations made in committee, read during the meeting of September 13, 2016, and approved by the general membership during the meeting of October 11, 2016. (8)