BY-LAWS
FRANK DOWNER POST NO. 302 AMERICAN LEGION
Monongahela, PAARTICLE I Purpose and Membership
SECTION 1. The Post existing under these By-Laws is to be known as "Frank Downer Post No. 302" of The American Legion, Department of Pennsylvania.
SECTION 2. The objectives of this Post are as set forth in the Constitution.
SECTION 3. Any person shall be eligible for membership in The American Legion who has regularly enlisted, been drafted, inducted or commissioned and who was accepted for and assigned to active duty in the Army, Air Force, Navy, Marine Corps or Coast Guard of the United States at some time during the periods between April 6, 1917 and November 11, 1918; December 7, 1941 and December 31, 1946; June 25, 1950 and January 31, 1955 and also from December 22, 1961 through May 7, 1975, all dates inclusive, or who, being a citizen of the United States at the time of his entry therein, served on active duty in the armed forces of any of the governments associated with the United States during any of said wars; provided, however, that such service shall have been terminated by honorable discharge or honorable separation, and such person either shall have broken his continuity of service and returned to a civilian status, or shall continue to serve honorably after the date of cessation of such hostilities as fixed by the United States Government; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service. Furthermore, should there be additional dates of eligibility later set forth in the National Constitution and By Laws of the Legion, this section shall be deemed automatically amended to con-form with the provisions of the National Constitution, etc., as to membership eligibility.
SECTION 4. There shall be no form or class of membership except an active membership, and dues shall be paid annually or for life. Annual dues shall be as prescribed by the Post. Life member-ship shall be in accordance with the cost schedule issued by the National Organization.
SECTION 5. Application for Membership - When a membership application is made by a prospective member, a vote on such appli-cation will be held at any regular meeting of the Post. An eligible person making application for membership shall be deemed approved by the Post unless a majority of those present shall vote against his or her acceptance.
SECTION 4. The "Post Executive Committee" shall consist of thirteen (ad') members and shall include the elected officers of the Post.expouppoall17.
SECTION 5. Officers, including Executive Committee members an4—Nvuoa=06.sullmtinarE4 shall be elected annually 1.1 in June and assume office the First of August. All elections shall be by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office of offices for which they are candidates. In the event of multiple candidacies, a run-off election shall be held by the candidates receiving the two (2) highest votes. This shall only be required whenever neither of the two (2) highest candidates receive a majority of the votes cast. SECTION 6. ,ember -elect-e-d on even_y_ears- a •-"three (3) on odd years shall ire iuimedia SECTION 7. All vacancies existing in the Post 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 of the remaining members of the Post 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 committee member or officer is absent from this Post for a continuous per-iod considered detrimental to the interest of the Post by the Post Executive Committee. Three absences from regular meetings of the Post may be considered by the Post Executive Committee as conduct deterimental to the interest of the Post. Should any officer be considered for termination by the Post Executive Committee under the above provisions, such officer shall have the right to demand a hearing to learn the specific nature of the charges or criticisms of his conduct in office. Such hearing shall comply with all the due process provisions of our Federal and State Constitutions. The officer, in other words, shall be entitled to a fair hearing.
SECTION 8. The elective officers of the Post shall be elected in the order named under Article II, Section 1. No one (1) member of the Post may hold more than one (1) elective office at one and the same time, except to fill the vacancy caused by the absence or sickness of a fellow member.
ARTICLE II Organization and Administration
SECTION 1. The elective officers of the Post shall be as follows: Post Commander 1st Vice-Commander Chaplain Sergeant-at-Arms/W.5 Executive Committee Committee Members 0)3 _..-401"34"RFRgine-t's
SECTION 2. The appointive officers of the Post shall be as follows: Assistant Sergeant-at-Arms Service Officer Judge Advocate Assistant Service Officer
SECTION 3. The government of the Post is entrusted to a committee of thirteen (40 members to be known as the "Post Executive Committee."
SECTION 8(a). Any member of the Post must indicate his acceptance of the nomination and willingness to serve the office for which he is nominated in the following manner: 1. Be present at the meeting at which he is nominated and signify his willingness to serve. 2. In lieu thereof, he may indicate his willingness to serve by written communication to the Adjutant of the Post indicating his willingness to serve for the office or offices for which he is being considered.
SECTION 84-1))-: - r o t 'ost Executive Committee may also_serve-06"Club of ouse Committee on the Veterans -Mon-oa ela, PA, in absence law.
SECTION 9. 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 three (3) months 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 10. Expenditures exceeding One hundred fifty (150) Dollars must be referred to the Post Executive Committee for their recommendation.
SECTION 11. Salaries of officers shall be such as recommended by the Post Executive Committee and approved by the Post. y pnliry of the National Organization
ARTICLE III 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 shall have general supervision over the business and affairs of the Post, and such officer shall be the chief executive officer of the Post. He 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 an a copy thereof immediately forwarded to the Department Adjutant. He shall perform such other duties as directed by the Post. He shall be chief executive officer of the Post and member Ex-officio of all committees.
SECTION 2. Duties of 1st Vice-Commander -- The 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. SEC O• Vtce-Comman.&-er—na
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 organization may require, render reports of membership annually or when called upon at a meeting and under direction of the Post Commander, handle all correspondence of the Post. He shall sign all checks disbursing monies of the Post. He shall furnish such surety bond as shall be required by the Post Executive Committee.
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 or banks and shall report once a month to the Post Executive Committee the condition of the finances of the Post with such recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the Post. He shall sign all checks disbursing the monies of the Post. He shall furnish such surety bond 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 Post Executive Committee. --2.nri-e-e—G-emmiana_af:=L-LEE=217r.t1
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 non-sectarian service in the event of dedications, funerals, public functions, etc., and adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time,
SECTION 8. Duties of Sergeant-at-Arms -- The Sergeant-at-Arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to him. The Post Commander shall make recommendations as to the appointment of an assistant.
SECTION 9. Duties of House Committee -- The House Committee shall prescribe the rules for the use of Post Headquarters and any other building used by the Post and may modify or revoke the same; it shall fix penalties for violations of the rules and have the power to enforce the same and also to remit such penalties. They shall hire such employees as may be necessary or discharge same.
SECTION 10. Duties of Service Officer -- This appointed officer shall advise and assist in all maters pertaining to the needs of Ex-Service personnel and relatives when so requested. An Assistant Service Officer may be appointed at the discretion of the Commander.
SECTION 11. Duties of Judge Advocate -- This appointed officer shall advise the Post Officers and Executive Committee on all legal matters, including the construction and interpretation of the National Constitution and By-Laws, Department and Post Constitutions and By-Laws and shall perform such other duties as are usually incidental to the office.
ARTICLE IV Delegates
SECTION 1. Delegates and Alternate Delegates to a Department Convention shall be elected by ballot by the Post at a regular meeting of the Post to be held at least twenty (20) days prior to the date of a convention.
ARTICLE V Committees
SECTION 1. The Post Commander, immediately upon taking office, shall appoint such committees as may be necessary to facilitate and promote the best interests of the Post.
ARTICLE VI Meetings
SECTION 1. The regular meetings of the P st shall bel held at2a.e, tqa:€5==ft=1::4M-ZZiTtirrzgisgsg..t.iiee- second Monday of each month 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 twenty (20) members, the Post Commander or Post Executive Committee shall call a special meeting of the Post. This must be done within five (5) days after the date of such request.
SECTION 4. Seven (7.) members shall constitute a quorum.
SECTION 5. The Post Adjutant shall cause notice of the annual election to be given each member at least two (2) weeks prior to an election.
ARTICLE VII Rules of Order
ECTION 1. All proceedings of the Post shall be conducted under and pursuant to "Roberts' Revised Rules of Order."
CERTIFICATE OF POST JUDGE ADVOCATE I do hereby certify that the within By-Laws of the Frank Downer Post No. 502, American Legion have been submitted to the Pennsylvania Department Judge Advocate, Robert W. Valimont of Doylestown, Pennsylvania and he has -;n04,-A,ter1 by letter his approval of the By-Laws herein attached and approved by the Post. r I $ acv L b/D',vis G. Yohe/ J dge Advocate Friank Downer Post August 1, 1986
ARTICLE VIII Limitations of Liabilities
SECTION 1. This Post shall incur, or cause to be incurred, no liability or obligations whatever which shall subject to liability any other Post, subdivision, group of men, members of The American Legion or other individuals, corporations or organizations.
ARTICLE IX 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 following regular meeting of said Post; and provided further, that written notice shall have been given to all members at least ten (10) days in advance of the date when such amendment is to be voted upon, notifying said mem-bers that at such meeting a proposal to amend the By-Laws is to be voted upon. Any proposed amendment to the By-Laws shall be made available at Legion Headquarters after due notice to members in writing and publication.
Adopted by a vote of The American Legion Frank Downer Post No. 302, at Monongahela, Pennsylvania this , 1986,, day of
WITNESS the hand of the Commander, attested by the hand and seal of the Adjutant the day and year aforesaid. utant
Approved by: V COMMAND Department Adjutant Harrisburg, Pennsylvania American Legion
