Article 1
Section1: The Post existing under these By-Laws is to be known as Frank Wendland Post 253, The American Legion, Department of Michigan.
Section 2: The objectives of the Post are set forth in the Constitution.
Article II – Management
Section 1: The government and management of the Post is entrusted to an Executive Committee of eight (8) members along with one (1) representative from the SAL squadron one (1) a representative from the Auxiliary and one (1) representative from the ALR (American Legion Riders) (Must be a member of the American Legion). This number being no more than eleven (11) members shall be known as the “Executive Committee”.
Section 2: The Executive Committee shall consist of three (3) members at large in addition to the five (5) elected officers of the Post. They, together with the other officers appointed by the newly elected Commander shall take office at the meeting prior to the convening of the Department Convention. All elections 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.
Section 3: One, two or all three (3) members-at-large referred to in Section 2, and any of the referred to elected officers may be one and the same. This would reduce the number of members of the Executive Committee by up to three (3).
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 the call of the Commander at least every month and as often as said Commander may deem necessary. 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, five (5) 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 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.
Article IV – Duties of Officers
Section 1: 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 such officer shall be the Chief Executive Officer of the Post. The Commander shall approve all orders directing the disbursement of funds and 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 a copy thereof immediately forwarded to the Department Adjutant. The Commander shall perform such other duties as directed by the Post.
Section 2: Duties of Senior Vice-Commander. The Senior Vice-Commander shall assume and discharge the duties of the office of commander in the absence or disability of, or when called upon by the Post commander. He/she shall be in charge of membership in the Post and shall perform such other duties as are customary of the office.
Section 3: Duties of the Junior Vice-Commander. The Junior-Vice Commander shall supervise the activities of the Post and shall perform such other duties as are customary of the office.
Section 4: Duties of Post Adjutant. The 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 to the membership when called upon at a meeting, and under direction of the commander handle all correspondence of the Post.
Section 5: Duties of the Finance Officer: The Finance Officer of the Post shall have charge of all finances and see that they are safely deposited in some local bank/credit union or banks/credit unions and shall report once a month to the Executive Committee the condition of the finances of the Post, with such recommendations as may deem expedient or necessary for raising funds and which to carry on the activities of the Post. The Finance Officer shall sign all checks disbursing the monies of the Post and shall furnish such surety bonds in such sum as shall be fixed by the Post Executive Committee.
Section 6: Duties of 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 or the Executive Committee.
Section 7: Duties of Post Chaplain: 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., adhere to such ceremonial rituals as are recommended by the National or Department headquarters from time to time.
Section 8: Duties of the Post Judge Advocate. The Post Judge Advocate shall advise on the interpretation of the National, Department or Post Constitution and By-Laws when called upon. He/she may also serve as the ex officio Parliamentarian at all meetings and shall perform such other duties as are customary of the office.
Section 9: Duties of sergeant-at-Arms. The Sergent-at-Arms shall preserve order at meetings and shall perform such other duties as may be from time to time assigned by the Post Executive Committee.
Section 10: Duties of Post Service Officer. The Post Service Officer (PSO) is charged with the responsibility of being the initial point of contact regarding Veteran benefits and issues by providing basic information and assistance. It is critically important for the PSO to work with a professional Department Service Officer (DSO)_ and ensure any paperwork submitted by the Veteran is forwarded to the DSO in a timely manner, to ensure proper benefit service. While familiarity with VA laws and regulations pertaining to filing claims, as well as the policies and guidelines established by the National VA&R Commission are helpful, what is most important of a PSO is to coordinate efforts and assist the Veteran or dependent to work with an accredited American Legion DSO.
Article V – Delegates
Section 1: The newly elected commander shall be a delegate to said Department Convention and shall attend the same as such delegate.
Article VI – Appointments
Section 1: The Post commander, immediately upon taking office each year, shall 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, and the chair thereof, as shall be designated by the Post commander.
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: Ceremonials Committee. The principal duty of the Ceremonials Committee is to ensure all new members are properly initiated. The committee also concerns itself with proper presentation of other rituals outlined in the Manual of Ceremonies-burial detail and the wearing of Legion regalia.
Section 4: Children and Youth Committee. Shall be charged with aid and service to children of veterans, cooperating in 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 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: Economic Committee. The Post Economic Committee is primarily concerned with local employment programs, Veterans preference, government employment and re-employment rights.
Section 6: Finance Committee. The Finance Committee shall be charged with the administration of the financial policy, separation of budget recommendations and supervision of receiving, disbursing and accounting of all Post funds.
Section 7: Foreign Relations. This committee has become active as America has recognize 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: Graves Registration and Memorial Committee. The duties of this committee involve recording of grave sites and complete information on veterans’ 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 quarters promotion of club advantages and arrangement for 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 the procuring 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 an 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 the 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 g 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 home.
Section 15: Sons of the American Legion Committee. This committee hall has supervision over the operations of the Post’s squadron of the Sons of The American Legion.
Section 16: Visiting of VAVS Committee. This committee is charged with visiting and comforting members and their families when sick or bereaved, and with visiting ex-service personnel in hospitals.
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 opinion 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 meetings of the Post shall be held at the meeting room on the second (2nd) Thursday of each month at 7:00PM, at which may be transacted such business as may properly be 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.
Section 3: Upon the written request of ten (10) Post members, the Executive Committee shall call a special meeting of the Post.
Section 4: Eight (8) members and including at least one (1) elected officer shall constitute a quorum at a membership meeting. Presiding officer is meant to mean Commander, or Senior Vice Commander or Junior Vice Commander.
Section 5: This Post Shall Conduct, Open and Close its local meetings as per the national “Officer’s Guide and Manual of Ceremonies or its successor publication.
Article IX – Notices
Section 1: Every member shall furnish the Post Adjutant with a mailing and/or email address for notices.
Section 2: The Post Adjutant shall cause notice to be given to all members of any special called meeting at least two (2) weeks prior thereto. Special called meetings may include but are not limited to, nominations, elections, by-law and/or constitution changes or significant expenditures.
Article X – Rules of Order
Section 1: All proceedings of the Post shall be conducted under and pursuant to Rober’s Rules of Order; except, as therein otherwise provided.
Article XI – Limitations of Liabilities
Section 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, corporations or organizations.
Article XII – 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, further, that written notice shall have been given to all members at least fifteen (15) days in advance of the date when such amendment is to be voted upon, notifying said members that such meeting a proposal to amend the By-Laws is to be voted upon. Emails and newsletters will suffice as notification.