Paradise Post 79

THE AMERICAN LEGION

 

Department of Florida

 

Paradise Post 79

 

 

 

 

 

 

CONSTITUTION 

and

By-Laws

 

Revised: March 28, 2021

Approved: September 28, 2021 

 

 

 

RECORD OF CHANGES

 

 

 

Change #	Date of Chang e	Entered By	Date Entered
1
2
3
4
5			-
6
7			-
8
9
10

 

 

 

 

 

TABLE OF CONTENTS

 

CONSTITUTION

 

Record of Changes …………………………………….

Preamble ……………………………………………….... 1

Article I –    Name ………………………………….…. 1

Article II –   Objects ……………………………...……1

Article III –  Nature.…………………………………… 2

Article IV –  Membership ……………………………2

Article V –   Officers of the Post………………….2

Article VI –  Finance ………………………………….. 3

Article VII – The American Legion Auxiliary..4

Article VIII – Sons of The American Legion ..4 

Article IX  – The American Legion Riders ….. 5

Article X –   Amendments ……………………….… 5

Article XI –   Omissions ……………………….….... 5

Article XII –  Effective Date ……  ……………...… 6

 

BY-LAWS

 

Article I –      Officers ………………………………..............…..8

Article II -     Duties of the Officers ……………………....... 8

Article III – Duties of the Executive Committee ……… 11

Article IV – Removal From Office - ………………............. 13

Article V -     Membership ……………………….….…........... 14

Article VI – Committees ………………………………............. 15

Article VII – Meetings …………………………………............. 16

Article VIII – Elections …………………………..................... 17

Article IX –  Life Membership …………………..…….......... 21

Article X -     Delegates and Alternates ………………..... 21

Article XI -    Membership Dues ………………………........ 23

Article XII - Resolutions ………………………....….............. 24

Article XIII – Rules of Order …………………………........... 25

Article XIV – Records ……………………………….................25

Article XV -  Amendments …………………………............. 26

Article XVI – Distribution ……………………………............ 26

Article XVII – Guests of the Post ……………………........ 26

Article XVIII – Bingo …………………..………….…..............27

Article XIX – Legionnaire of the Year Award ………... 27

Article XX – Outgoing Commander ……………….…..... 28

Article XXI – Effective Date …………………………........... 29

Article XXII – Department of Florida Approval …….. 30

                     

 

 

 

CONSTITUTION

 

of

 

THE AMERICAN LEGION

Department of Florida

Paradise Post 79, Inc.

New Port Richey, Florida

 

 

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 all 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 known as PARADISE POST 79, INC., The American Legion, Department of Florida.

 

 

ARTICLE II

 

Objects

 

SECTION 1.   The objects and purposes of this Post shall be to promote the principles and poli­cies set forth in the foregoing preamble, and the National and Department Constitutions of The American Legion.

 

SECTION 2.   To assist worthy American war veterans and their widows and orphans; to partici­pate in, advance and promote benevolent, patriotic, historical and educational programs.

 

 

1.

ARTICLE III

 

Nature

 

SECTION 1.   This Post is a civilian organization and membership therein does not affect liabil­ity for military or police service.

 

SECTION 2.   Rank does not exist in The American Legion and no one shall be addressed by his military or naval title in any meetings of this Post.

 

SECTION 3.   This Post shall be absolutely non-political and shall not be used for the dissemi­nation of partisan principles, nor for the promotion of the candidacy for any person seeking pub­lic office or preferment.

 

ARTICLE IV

 

Membership

 

SECTION 1.   All rules governing membership in this Post shall be as prescribed by the National Constitution of The American Legion and the By-Laws of this Post.

 

SECTION 2.   There shall be no form or class of membership except an active­ mem­bership.  Dues shall be annually or for life as prescribed by The American Legion. 

 

ARTICLE V

 

Officers of the Post

 

SECTION 1.   The Officers and Executive Committee of this Post shall be:

 

                        Commander

                        First Vice Commander

                        Second Vice Commander

                        Adjutant

                        Finance Officer

                        Sergeant-at-Arms

  Judge Advocate

  Historian

                        Chaplain

                        Service Officer

                        Trustees - Three (3)

                        Immediate Past Commander 

 

 

 

2.

 

ARTICLE V (cont’d)

 

SECTION 2.   All Officers of this Post, except the Adjutant, Service Officer, Judge Advocate and the Immediate Past Commander, shall be elected annually and certi­fied to the Adjutant, De­partment of Florida as provided by the Department By-Laws.

 

SECTION 3.   The duties of the officers shall be those normally pertaining to such officers in the National Officer’s Guide, and as further defined and provided for in the By-Laws of this Post.

 

 

ARTICLE VI

 

Finance

 

SECTION 1.   The revenues of the Post shall be derived from the annual member­ship fees and from such other legal sources as approved by the Executive Committee.

 

SECTION 2.   The amount of such membership or initiation fee and the amount of such annual Post dues shall be fixed and determined by the Post as set forth in the By-Laws.

 

SECTION 3.   The Post shall pay to the Department Headquarters, the National and Department of Flor­ida annual per capita membership dues for every member of the Post within 30 days of the member having paid their dues to the Post.

 

SECTION 4.   All officers responsible for the Post funds shall be required to furnish adequate bonds, conditioned for the faithful performance or their duties, and the cost of such bonds be paid by the Post.

 

SECTION 5.   The fiscal year of the Post shall be from July 1 through June 30, each date inclusive.

 

SECTION 6.   There shall be a complete audit of the finances, accounts property and business affairs of this Post made at least once a year, or at a time deemed necessary by the Post member­ship. The Finance Officer shall have on file at all times receipted bills and vouchers covering all expenditures of the Post. Such records shall be available at all times to the officers of the Post.  Any member of the Post shall also, upon reasonable notice to the Finance Officer, be permitted to view such records as are maintained. 

 

SECTION 7.   No member, officer, committee, or affiliated organization of the Post shall have the authority to bind the Post by contract, or incur any obligation on behalf of the Post, except by express authority of the membership of the Post given at a Post meeting.

 

 

SECTION 8.   All contracts entered into on behalf of the Post shall be in writing, executed by the Commander and Adjutant.

3.

ARTICLE VI (cont’d)

 

SECTION 9.   Such funds and/or deposit accounts will be established and maintained as the By-

Laws provide and the Post membership may from time to time establish. No with­drawals from or reinvestments of such funds shall be made except by authority of the Executive Committee or the Post mem­bership.

                                                                       

ARTICLE VII

 

The American Legion Auxiliary

 

SECTION 1.   This Post recognizes an auxiliary organization to be known as “The Ameri­can   Legion Auxiliary Unit 79 of Paradise Post 79,” The American Legion, Department of Florida.

 

SECTION 2.   Qualification for membership in the Auxiliary shall be as prescribed by the Na­tional Organization of The American Legion.

 

SECTION 3.   The Auxiliary shall be non-partisan in politics and shall not be used for the dis­semination of partisan principles.

 

SECTION 4.   The Auxiliary Unit 79 is attached to Paradise Post 79 and shall at all times, be subject to regulations by the National and Department Executive Committees.

 

ARTICLE VIII

 

Sons of The American Legion

 

SECTION 1.   This Post recognizes a subsidiary program under its jurisdiction, to be known as the “Sons of The American Legion, Squadron 79 of Paradise Post 79,” The American Legion, Department of Florida.

 

SECTION 2.   Qualifications for membership in the Sons of The American Legion shall be as prescribed by the National Organization of The American Legion.

 

SECTION 3.   The Sons of The American Legion shall be non-partisan in politics and shall not be used for the dissemination of partisan principles.

 

 

SECTION 4.   Squadron 79, Sons of The American Legion is under the juris­diction and spon­sor­-

ship of Paradise Post 79, and shall at all times, be subject to regulations of this Post, The Depart­ment Executive Committee, The Department Convention, the National Executive Committee of The American Legion, the National Sons of The American Legion Con­stitution, the Detach­ment of Florida Executive Committee and the Detachment of Florida Convention.

 

4.

 

ARTICLE IX

 

American Legion Riders

 

SECTION 1.   This Post recognizes a Post program to be known as the American Legion Riders Chapter 79.

 

SECTION 2.   Membership in the Paradise Post 79 American Legion Riders shall be prescribed by the National and Department Constitution and By-Laws, past resolutions of the National and Department and the Department Standard Operating Procedure of the American Legion Riders.  The Paradise Post 79 may adopt Standing Rules as submitted by the Post 79 Chapter. 

 

 

ARTICLE X

 

Amendments

 

SECTION 1.   This Constitution is adopted subject to the provisions of the Na­tional Con­stitution of The American Legion and of the Department of Florida. Any amendment to said National or Department Constitution, which is in conflict with any provisions hereof, shall be regarded as automatically repealing or modifying to the extent of such conflict.

 

SECTION 2.   This Constitution may be amended at any regular Post meeting in accord­ance with rules set forth in the By-Laws of this Post.

 

 

ARTICLE XI

 

Omissions

 

SECTION 1.   Any questions of procedure not otherwise provided for in the Constitution will be governed by the “Roberts Rules of Order, Revised.”

 

 

 

 

 

 

 

 

 

 

 

 

5.

 

ARTICLE XII 

 

Effective Date

 

SECTION !.   The revised Constitution shall go into effect upon approval by the Department Judge Advocate, such approval confirmed by the Department Commander, a copy filed with the Department adjutant’s Office with Certification of Approval issued to the Post. 

 

 

DATE OF FIRST READING: May 25, 2021

 

DATE OF 2^ND READING:  June 22, 2021 

 

DATE OF 3^RD READING:  September 28, 2021 and approved at a regular meeting.

 

 

COMMANDER: _________________________________________________

                                    Bradford Lee

 

 

 

ADJUTANT: ____________________________________________________

                                    Dennis J. LaFrenier

 

EFFECTIVE DATE is _________________________ , as shown on the Certificate of Approval from the American Legion, Department of Florida.  See page 28.

 

 

DEPARTMENT COMMANDER: __________________________________________________

                                                            Florida American Legion

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.

 

THE AMERICAN LEGION

 

Department of Florida

 

Paradise Post 79

 

 

 

 

 

 

 

 

 

BY-LAWS

 

 

 

 

Revised March 26, 2021

Approved September 28, 2021

 

 

                                                                                                                                              

7.

 

BY-LAWS

 

OF

 

THE AMERICAN LEGION

Department of Florida

Paradise Post 79, Inc.

New Port Richey, Florida

 

ARTICLE I

 

Officers

 

SECTION 1.   The management of the Post shall be entrusted to the officers of the Post, and to an Executive Committee hereinafter named and defined.

 

SECTION 2.   All officers of this Post shall be elected annually by the Post as prescribed herein, except the Adjutant, Service Officer and Judge Advocate, who shall be appointed by the Com­mander, with the approval and consent of the Executive Committee and the Post membership. The Immediate Past Commander requires no appointment or approval.

 

SECTION 3.   The three elected Trustees shall serve for a period of three (3) years, and their term of office shall expire in such a manner that one Trustee shall be elected each year.

 

 

 

 

 

ARTICLE II

 

Duties of the Officers

 

SECTION 1.   Commander

 

                       It shall be the duty of the Post Commander to preside at all meetings and to have the general supervision over the business affairs of the Post. The Post Commander shall be the Chief Executive Of­ficer of the Post and Chairperson of the Executive Committee, and shall approve all orders, direct disbursement of funds, and perform such duties as the Post may direct. The Post Commander shall make an annual report covering the activities of the Post during their term of office, with any recommendations they may have for the ensuing year. A copy of the report shall be inserted in the Post minutes.

 

 

 

8.

ARTICLE II (cont’d)

 

 

SECTION 2.   First Vice Commander

 

                       It shall be the duty of the First Vice Commander to assume the duties of the Com­mander in the Commander’s absence, and to be Chairperson of the Membership Committee.

 

SECTION 3.   Second Vice Commander

 

                       It shall be the duty of the Second Vice Commander to assume the duties of the­ Commander in the absence of both the Commander and the First Vice Commander, or at

any time that the Commander calls upon them to do so.  The 2^nd Vice-Commander shall be Chairperson of the Committee on Post Activities and Entertainment, excluding the Lounge.  The 2^nd Vice-Commander shall coordinate events with the Lounge Manager to ensure no conflicts exist.

 

SECTION 4.   Adjutant

 

                       The Adjutant shall keep a full and correct record of all proceedings of all meetings; keep such records as the National and Department Headquarters may require and handle all cor­respondence and secretarial work of the Post under the direction of the Commander. The Adjutant shall keep the membership records and assist the Chairperson of the Membership Committee.

 

SECTION 5.   Finance Officer

 

                       The Finance Officer shall:

 

4. receive and deposit all monies of the Post (less monies of the Bingo Commit­tee) in such banks and financial institutions as determined by the Executive Committee with the approval of the membership of the Post,

 

                       b.   disburse funds from these authorized accounts upon order and approval of the members of the Post,

 

                       c.   maintain an accurate record of all bills, receipts and vouchers of expenditures and records of all incomes,

 

                       d.   submit a statement of financial condition of the various accounts at the regular business meeting of the Post,

9.

ARTICLE II (cont’d)

 

 

                       e.   be the custodian of all bonds, mortgages, notes, insurance policies, certificates of value and other securities in a safe depository, approved by the Executive Committee,

                       f.   furnish such surety bond in such sums as shall be determined by the Executive Committee, the premium to be paid by the Post.

 

 Note: (1)  All vouchers or checks May be signed by the Finance Officer, Adjutant or Commander.

        (2)  All expenditures over $1,000.00, excluding normal operating costs, must be approved by the Executive Committee and/or the Post membership.

            (3)   Emergency Funding not addressed above, will be approved by the Executive Committee.   

 

SECTION 6.  Sergeant-at-Arms

                      

The Sergeant-at-Arms shall preserve order at all meetings, take charge of the col­ors and perform such duties as assigned to them by the Post Commander.

 

SECTION 7.  Judge Advocate

 

                       The Judge Advocate shall act as Parliamentarian at all regular and special meetings of the Post and shall advise the Commander and Executive Committee, when requested to do so, as to the correct interpretation of the Constitution and By-Laws.

 

SECTION 8.  Historian

 

                       The Historian shall maintain a record of all activities of the Post and its

member­ship and keep them in a book that may be used for a permanent record. He or she shall submit a report each year to the Department Historian. He or she shall perform other duties as directed by the Post Commander.

 

SECTION 9.  Chaplain

 

                       The Chaplain shall be charged with the spiritual welfare of the Post membership. The Chaplain shall offer divine, but non-sectarian service in the event of funerals, dedications, public func­tions and the like and shall adhere wherever possible to the ceremonial ritual as prescribed by the National or Department Headquarters. The Chaplain shall also assume charge of graves registration and direct placing of American flags on veterans graves in the local cemetery.

 

10.

ARTICLE II (cont’d)

 

 

SECTION 10.  Service Officer

 

                       The Post Service Officer shall render aid and assistance to the veterans and their dependents. The Service Officer shall keep in close contact with the State Service Officer, Department and National Rehabilitation Commissions of The American Legion, so that he or she may be informed at all times of the present laws regarding aid to veterans and their dependents. He or she may request disbursement from the welfare fund, under the supervision of the Post Com­mander, and shall report all expenditures from said fund to the Post membership at their next reg­ular meeting. The Service Officer shall submit a report at the end of the year to the Department Rehabilitation Chairperson, with a copy to the Post Commander.

 

SECTION 11. Trustees

 

1. shall exercise management and affairs of the Post Lounge in concert with the Lounge Steward or Manager

 

b. shall assist the Lounge Steward or Manager in maintaining overall good order and discipline in the Lounge.

c. shall assist with required Lounge inventories and provide assistance when requested by the Lounge Steward or Manager.

 

d. shall review and keep up-to-date approved House Rules with posting at three (3) locations: by each exit and one at a convenient place behind the bar.

e. shall be responsible to the Post Executive Committee and   perform additional duties as may be determined.

 

 

ARTICLE III

 

Duties of the Executive Committee

 

SECTION 1.   Executive Committee

 

                       The Executive Committee shall:

 

                       a.   exercise a general supervision over the management and affairs of Post funds, secure adequate bond, with the Post paying the premium on any bond,

                       b.   approve each and every place of deposits of the funds of the Post,

                       c.   oversee the actions of all Post officers,

11.

ARTICLE III (cont’d)

 

 

                       d.   examine the records of the Post officers and committees and, in the absence of any action by the Post, shall recommend such action thereon as from time to time may be necessary,

                    e.   require a complete audit and report of all Post funds at least once each year,

                    f.   keep full minutes of all its meetings and shall report the same at the next regu­lar meeting of the Post,

                       g.  accept recommendations for improvements by Post members, investigate feasi­bility and make final recommendations to the Post membership for approval or disapproval,

                       h.  prefer written charges against any officer or trustee when it appears to be in the best interest of the Post that he or she no longer occupy, hold or exercise the functions of his or her office. The procedures outlined in Article X, paragraph 14 of The American Legion Depart­ment of Florida Constitution will be followed.

                   

SECTION 2.   Lounge Steward or Manager

 

                     It shall be the duty of the Commander to appoint a Lounge Steward or Manager (one person) who must be ratified by the Executive Committee. The Lounge Steward or Manager­­­­­­­­ will have control of ordering stock and supplies, hiring personnel to operate the Lounge

and pro­vide reports to the Executive Committee when requested. It shall be the duty of the Lounge Stew­ard or Manager to see that all bartenders are instructed on the House Rules and see that they abide by same. If the Lounge Steward or Manager should resign or be removed, the Executive Committee requires an inventory, financial report and audit immediately to be presented at the following Executive Committee meeting.   

 

 

SECTION 3.   Employment

 

                       No elected or appointed officer or member of the Executive Committee of

the Post will be eligible for Lounge Manager. No elected or appointed officer or member of the Executive Committee will be eligible to be employed by the Post.

 

 

SECTION 4.   Compensation

 

                       No officer or member of the Executive Committee shall receive, directly or indi­rectly, any compensation, with the exception of the Adjutant and Finance Officer, who shall re­ceive such compensation as the Executive Committee may at time to time determine.

12.

ARTICLE III (cont’d)

 

 

SECTION 5.   Property

 

                       a.  The Executive Committee shall manage all property of the Post. No property shall be transferred, sold, conveyed or otherwise disposed of without a majority vote of the Post membership at a regular meeting and voting.

 

b.  No real property (Real Estate) shall be sold or otherwise disposed of by the Post without first obtaining written consent of the Department Commander acknowledging receipt of written notice to The American Legion, Department of Florida NOT LESS than thirty (30) days prior to such sale or disposal, that all members of the Post have been given written no­tice, sent via U.S. Mail, or Electronic Mail, of the proposed sale or other disposition.

 

c.  Any purchase or sale of property (Real Estate) shall be approved by a majority vote of the Post membership at a regular meeting and voting.

 

 

ARTICLE IV

 

Removal from Office

SECTION 1.   Conditions

 

               Any officer of the Post who fails to attend three (3) consecutive regular meetings

of the Post, without prior approval, including Post Trustees, shall be subject to removal from office.                   

 

SECTION 2.   Removal

 

                       The procedures outlined in Article X, paragraph 14 of The American Legion De­partment of Florida Constitution will be followed.

 

 

SECTION 3.   Vacant Office

 

                       Upon removal of an officer or trustee, this office shall be declared vacant and an election shall be held to fill the vacancy as set forth in these By-Laws.

 

 

 

 

 

13.

ARTICLE V

 

Membership

 

SECTION 1.   Eligibility

 

                       Eligibility for membership in this Post shall be governed and determined by the Con­stitution and By-Laws of The American Legion.

 

SECTION 2.   New Members

 

1. A candidate for membership in this Post shall submit their application for mem­bership to the Post Adjutant, who shall require satisfactory proof that the candidate meets the requirements of eligibility.  Such proof shall include, but not be limited to, DD-214, VA Card, Military Orders, or any other document recognized by the American Legion. 

 

2. When the Adjutant has determined that the application is in proper form and that the candidate is eligible for membership, the Adjutant will submit the application at the next regular meeting of the Post. A majority vote of the membership present and voting at a regular meeting shall be required for a candidate to become a member of the Post. At that time a membership card will be presented. 

 

3. Should any candidate be rejected, they shall have the right to have their

application for membership heard before the Executive Committee, who will investigate the same. Shou­ld they, by a majority vote, approve the candidate for membership, shall so recommend at a regular meeting of the Post. The application for membership shall then be reconsidered by the members present and voting.

 

                                     d.   New members shall receive an American Legion lapel button upon initiation.

 

SECTION 3.   Transfer of Membership 

 

                      Members of other Posts, upon showing proper credentials, may be elected to mem­bership of this Post. No person may be a member of more than one (1) Post of The American Legion at the same time. Any member of another Post in good standing, may be accepted as a transferee to this Post without cost during the current year.

 

SECTION 4.   Non-payment of Dues

 

                       Delinquency, suspension and forfeiture of membership for non-payment of

14.

ARTICLE V (cont’d)

 

dues and reinstatement shall be governed by the provisions of the National Constitution and By-Laws of The American Legion or the Department of Florida of The American Legion.

 

SECTION 5.   Suspension or Expulsion

 

                       a.   A member of this Post may be suspended or expelled in the manner prescribed by the National Constitution and By-Laws of The American Legion and Department of Florida for causes based upon disloyalty, dishonesty and conduct unbecoming a member of The Ameri­can Legion.

                       b.   The procedures for suspension or expulsion as outlined in Article X,

paragraph 14 of The American Legion Department of Florida Constitution, will be followed.

 

                       c.   Any member who has been suspended or expelled shall have the right to appeal to the Department Executive Committee or the Department Convention. The decision of the De­partment shall be final.

 

                       d.   The provisions of subparagraphs a., b. and c. above do not apply to disciplinary procedures carried out in compliance with any state or local law, not affecting the right of the member to attend Legion meetings.

 

 

ARTICLE VI

 

Committees

 

 

SECTION 1.   Appointment

 

                       a.   The Post Commander, immediately after taking office each year, shall appoint committees as the Commander may deem necessary and advisable to successfully carry out the programs of The American Legion for the ensuing year.

                       b.   The Post Commander shall be a member ex-officio of all committees.

 

SECTION 2.   Duties

 

                       a.   The committees appointed shall consist of a Chairperson and such other members as the Post Commander and/or Chairperson deems necessary.

 

                       b.   The duties of the committees shall be prescribed by the Post or the Post Com­mander and shall conform as nearly as possible to the duties as prescribed by National, Depart­ment of Florida and Area or District Committees of the same nature.

15.

ARTICLE VI (cont’d)

 

 

3. The Chairperson of each committee shall be prepared to make a verbal

report at any regular meeting of the Post on the activities of their committee. At the end of the year, the Chair­person shall submit a written report to the Commander, which shall be filed with the regular minutes of the Post.

 

SECTION 3.   Removal

 

                       The Post Commander may remove any Chairperson of a committee or a member of the committee when deemed in the best interests of the Post.

 

SECTION 4.   Posting

 

                       A list of all officers, committee and appointees shall be listed together with their addresses and telephone numbers, and placed on the bulletin board for reference.

                                                                             

 

ARTICLE VII

 

Meetings

 

SECTION 1.   Regular Meetings

 

              The regular meetings of the Post shall be held at the Post home at 7:00 p.m.

on the fourth (4th) Tuesday of each month except July and August, unless otherwise determined by the membership of the Post by a vote at a regular meeting.

 

SECTION 2.   Special Meetings

 

               The Post Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post at any reasonable time, provided that postal, or electronic messaging notices be sent to all Post members at least three (3) days before such

meeting. Such notices shall state the purpose of the special meeting and no business, other than that for which it is called, shall be trans­acted at the meeting.

 

SECTION 3.   Quorum.  A quorum shall consist of eight (8) or more members present for all Post regular meetings and Executive Committee meetings.

               

SECTION 4.   Order of Business

 

                       At all regular meetings, the following shall be the order of business:

16.

ARTICLE VII (cont’d)

 

 a.   Call to order,

                       b.   Introduction of guests,

                                    c.  Roll call of officers,

                       d  Reading of minutes of previous Post meeting(s),

                       e.   Reading of minutes of Executive Committee meeting(s),

             f.   Report of the Finance Officer,

                       g.   New member presentation or reading,

                       h.   Communications and correspondence,

                       i.    Committee reports,                                   

                       j.    Unfinished business,

                       k.   New business,

                       l.    Resolutions,

                       m.  Good of the Legion

                       n.   Adjournment.

 

SECTION 5.   Conduct of Meetings.

 

         All regular meetings shall be conducted in accordance with the Manual of Ceremo­nies of The American Legion.

    

SECTION 6.   Procedure

 

         Procedure at all regular meetings that are not covered by these By-Laws shall be governed by the “Roberts Rules of Order, Revised.”

 

SECTION 7.   Attendance at Regular Meetings

 

        Every member of the Post in good standing shall have the right to attend regular meetings of the Post, to participate in debate and vote on all issues brought before the member­ship. The foregoing notwithstanding, only members in attendance in their person shall have the right to vote. Voting on any issue by proxy, whether verbal or written shall not be permitted.

 

 

SECTION 8.   Attendance at Executive Committee Meetings

 

                       All members in good standing of the Post shall have the right to attend regular Ex­ecutive Committee meetings without participation.

 

ARTICLE VIII

 

Elections

17.

ARTICLE VIII (cont’­d)

 

SECTION 1.   Annual Election

 

                       The annual election of officers and trustees of the Post for the ensuing year shall be held in accordance with the provisions of the Constitution and By-Laws of The American Legion, Department of Florida, then in force and effect.

 

SECTION 2.   Notice of Election

 

                       The Post Adjutant shall cause notice of the annual nominations and elections to be given the entire membership of the Post at least ten (10) days prior to the first regular meeting for nominations. The notice shall state the time and place of nominations and elections.

 

SECTION 3.   Nominations

 

                       a.   A Nominating Committee consisting of five (5) members shall be elected by the membership present and voting at the regular January meeting of the Post. The Nominating Com­mittee shall meet soon thereafter and elect the chairperson for the committee.

 

                                     (1)   The Nominating Committee shall give thoughtful consideration to the qual­ifications of each candidate for office and shall secure the consent of the candidate before plac­ing his or her name on the ballot.

                                                                                                           

                                                (2)   Members of the Nominating Committee are eligible to be nominated for office.

 

                         b.   The Nominating Committee will render its report at the regular February meeting of the Post. The Post Adjutant will read the Nominating Committee’s report and the Commander will then open the floor for further nominations by the members.

 

1. No name shall be placed in nomination without the consent of

the nominee.

                             (2)   The Commander will dissolve the Nominating Committee.

 

SECTION 4.   Qualifications

 

                       a.   Only members of this Post whose dues are fully paid and otherwise in good standing in The American Legion shall be eligible to vote, hold office, or hold any appointive office in this Post.

 

18.

 

ARTICLE VIII (cont’­d)

 

 

  b.   A candidate must be a member in good standing immediately prior to nom­­ina­tions.

                       c.   Any person who has been elected and served in any office in this Post may be eligible for re-election for the next succeeding term.

 

SECTION 5.   Balloting

 

All elections shall be by ballot. A plurality of the votes cast shall be necessary for election to any office.

 

SECTION 6.   Ballot

 

a.   A ballot containing the names of all candidates for office regularly nominated and eligible, according to these By-Laws, shall be prepared by the Post Adjutant and the three judges of election. This shall be the official ballot for the election and shall be printed and pre-pared in sufficient numbers for the election and no other ballot shall be used.

 

b.   The names and nominees shall appear on the ballot in alphabetical order ac-

c­ording to surnames in similar type and without distinguishing nicknames, marks, or symbols, and under the name of office for which nominated.

 

c.   A blank line shall be left under the name of each office for the writing in by the voter of any additional name.

 

d.   It shall be necessary for the voting mark to be placed, before any name written in for any office, in order for the vote to be counted. This section applicable only when there are several candidates for office.

 

SECTION 7.   Judges of Election

 

a.   The Commander shall appoint three impartial and disinterested Judges of

Elec­tion to supervise and conduct the election, count the votes, and report the results to the Comman­der.

 

b.   It shall be the duty of the Judges of Election to see that all nominees are eligi­ble, and that the By-Laws of the Post governing the qualifications and elections of all candidates are strictly complied with, and that all voters are eligible.

 

SECTION 8.   Counting of Ballots

­

19.

ARTICLE VIII (cont’d)

 

 

a.   The counting of the ballots shall be open to observation by any of the candi­dates or their representatives who desire to be present.

 

b.   No ballot shall be counted if mutilated.

 

c.   The placing of the voting mark on the wrong side of the name, or the writing in of an additional name for which a vote is cast, shall not render the ballot invalid.

 

d.   It shall not be necessary for a voter to cast their vote for a candidate for each office.

e.   After the ballots are counted, the Judges of Election shall immediately make a report to the Commander, who shall immediately report the same to the floor.

 

SECTION 9.   Voting Place and Time

 

Voting shall be held on the regular meeting day in April at the Post home. Voting time will be from 2 p.m. to 7 p.m.

 

SECTION 10.  When Vacancies Occur

 

a.   In the event of any vacancy occurring in any office or in the Executive Com­­mittee, that fact shall be announced at the regular meeting of the Post, and nominations to fill the said vacancy shall be made at the next regular meeting, after which nominations shall be clos­ed and a written ballot taken.

b.   Election procedures shall be carried out in accordance with Article VIII of the By-Laws.

 

SECTION 11.  Contests of Elections

 

 

a.   All questions or contests arising out of or from any election shall be referred

to the Executive Committee for decision, in case the three Judges of Election cannot agree unanimously

 

b.   Appeals from the decisions of the Judges shall be made to the Executive Com­mittee in writing. If the Executive Committee cannot agree by a two-thirds (2/3) vote, the dispute or contest shall be referred to the Post membership present and voting at a regular meeting for final decision by a plurality vote.

 

 

20.

ARTICLE VIII (cont’d)

 

 

SECTION 12.  Report

 

The Post Adjutant shall report at once the names and addresses of all successful candidates to the Adjutant, The American Legion, Department of Florida.

 

 

ARTICLE IX

 

Life Membership

 

SECTION 1.   Qualifications

 

Life membership in this Post shall be issued to a member for outstanding and mer­itorious service to The American Legion and Paradise Post 79.

 

SECTION 2.   Recommendation

 

A member chosen for this recognition shall be recommended from the floor and approved by a majority of the members present and voting at a regular meeting.

 

SECTION 3.   Revocation

 

a.   A member who received a Life Membership in this Post and who is later found guilty of violating The American Legion rules governing the Life Membership will forfeit his or her Life Membership.

 

b.   The member will have the right to appeal to the Department Executive Com­mittee after charges and trial as set out in Article X of the Department of Florida Constitution.

 

 

ARTICLE X

 

Delegates and Alternates

 

 

SECTION 1.   Nominations and Elections

 

a.   Delegates and alternates to the annual State Department Convention or District Conference shall be elected by a plurality vote of the Post membership at a regular meeting.

21.

ARTICLE X (cont’d)

 

 

b.   Nominations shall be made from the floor.

 

c.   Election shall be held at the regular meeting following nominations.

 

SECTION 2.   Method of Election

 

a.   Plurality shall be necessary for election as a delegate or alternate. Those per­sons receiving the highest number of votes shall be declared elected delegates.

 

b.   Those receiving the next highest number of votes shall be declared alternates.

 

c.   In case of a tie, a new vote shall be taken for that particular place, as a delegate or alternate, in case the number in that group exceeds the number allotted to the Post for dele­gates or alternates. A losing candidate for delegate in such new vote shall become one of the al­ternates.

 

d.   In case such delegates or alternates, after being elected become absent, the Delegation Chairperson shall have the power to replace such absentee(s) without election, provided the convention or conference registration has not already been made. In the event the registration has already been made, the Chairperson will take no further action to replace an absentee.

 

SECTION 3.   Instructions

 

a.   The Post, at the meeting when delegates or alternates are elected, shall decide the following:

 

      (1)   whether delegates and alternates shall go instructed or uninstructed, un­less the particular convention or conference rules prohibit Unit Rule of Voting, NOTE:   Post 79 mem­bers are reminded that the Annual Convention of The American Legion usually, under its Special Rules, prohibits Unit Rule of Voting.

 

      (2)   what expense shall be paid by the Post, such as registration fees for dele­gates and/or alternates,

 

 (3)   Adjutant’s expenses, Commander’s expenses and any other expense

that may be relative to the convention or conference.

 

 

SECTION 4.   Chairperson and Reports

 

22.

ARTICLE X (cont’d)

 

 

a.   At the conclusion of the meeting at which delegates and alternates are elected, the delegates will meet to select a Chairperson and Secretary.

 

b.   A report will be made to the Post membership by the delegation at the first meet­ing of the Post after the convention or conference.

 

 

SECTION 5.   Other Subjects

 

a.   The Post shall select as many delegates and alternates as prescribed or neces­sary to represent the Post in any District, Area or Department conferences other than the annual Department Convention and District Conferences.

 

b.   The membership by motion at a regular meeting shall determine the method used to select such delegates and alternates.

 

ARTICLE XI

 

Membership Dues

 

SECTION 1.   Annual

 

The amount of annual membership dues shall be determined at any regular

meeting of the Post by a two-thirds (2/3) vote of the membership present and voting, a quorum being pre­sent.

 

SECTION 2.  Legionnaires with 50 or more years of Continuous Service

 

The Post shall honor and recognize Legionnaires with 50 or more years of contin­uous service by paying their per capita dues and issuing a current American Legion Membership Card after one (1) year of paid membership at Post 79.                                                          

 

SECTION 3.   Legionnaires on Active Duty with the Armed Forces of the United States

 

The Post shall honor and recognize Legionnaires while on active duty with the

Armed Forces of the United States by paying their per capita dues and issuing a current

American Legion Membership Card. 

 

SECTION 4.   Legion Year and Payment of Dues

 

23.

ARTICLE XI (cont’d)

 

 

1. Dues shall run from January 1st to and including December 31st of each year.

 

2. For the purpose of delinquency, suspension or forfeiture for non-payment of dues, such time shall run from January 1st.

 

3. The membership rolls for the Post for the current year shall be closed on June

30th of each and every year.

 

  d.   Applications for membership, either new or renewal, or reinstatement, shall be accepted for the ensuing year after July 1^st.

 

 

ARTICLE XII

 

Resolutions

 

SECTION 1.   Procedures

 

Any resolution of Department, National or International scope, presented to this Post by a member or reported by a committee, shall embody merely the opinion of this Post and shall go through the channels provided by the Department By-Laws, and shall be referred to a Res­olution Committee for drafting or re-drafting.

 

SECTION 2.   Format

 

a.   All resolutions going to District and Department meetings shall be prepared on proper forms provided by the Department Adjutant and shall be written as prescribed by Depart­ment rules.                                                                    

 

b.   Resolutions of a local nature shall be drawn to the satisfaction of the resolu­tions committee or the Post Commander.

 

SECTION 3.   Adoption

 

No resolution shall be used, forwarded or considered adopted unless it has been regularly adopted at a meeting of the Post.

 

 

24.

ARTICLE XII (cont’d)

 

 

SECTION 4.   Validity

 

a.   No resolution shall be valid or binding upon the Post unless the same has been approved by the Executive Committee and passed by a plurality vote of the membership present and voting at a regular meeting.

 

b.   Exception: a resolution receiving an affirmative vote of three-fourths (3/4) of the members present and voting at a regular meeting of the Post.

 

 

ARTICLE XIII

 

Rules of Order

 

SECTION 1.   Doctrine

 

All proceedings of this Post shall be conducted under and pursuant to the latest ed­itions of “Roberts Rules of Order, Revised,” in all cases to which they are applicable and in which they are not inconsistent with the Charter and By-Laws of this Post, or of The American Legion, Department of Florida.

 

SECTION 2.   Suspension

 

These By-Laws cannot be suspended even by unanimous consent. It shall be nec­essary to amend in due course to make any change in, or to alter these By-Laws.

 

 

ARTICLE XIV

 

Records

 

SECTION 1.   Post Records

 

a.   All records of this Post shall be kept in the Adjutant’s office of The American Legion Home or Post Headquarters, subject to inspection at any reasonable time by a member or

members of this Post in good standing.

 

b.   No permanent record of this Post may be removed without the consent and approval of the Executive Committee or the Post membership, except with the consent and       ap­­­­p­roval of the Post Commander.

25.

ARTICLE XIV (cont’d)

 

 

c.   Post records may be removed for the temporary use of any officer or commit­tee chairperson when inconveniences would otherwise be caused, and said records shall be returned as soon as possible or upon demand of the Post Commander or Adjutant.

 

 

ARTICLE XV

 

Amendments

 

SECTION 1.   Procedures

 

a.   These By-Laws may be amended at any regular meeting of the Post by a two-thirds (2/3) vote of the membership present and voting, a quorum being present, provided that the proposed amendment shall have been submitted in writing, and read at the next preceding regular meetings of the Post and provide further, that written notice shall have been given to all members a minimum of thirty (30) days in advance of the date when such amendment is to be voted upon, notifying said members that at such a meeting a proposal to amend the Constitution and or By-Laws is to be voted on.

 

 

ARTICLE XVI

 

DISTRIBUTION

 

SECTION 1. A copy of the Constitution and By-Laws shall be given to each member requesting a copy.  A Copy shall always be placed on the Post bulletin board and Post website

 

 

ARTICLE XVII

 

Guests of the Post

 

SECTION 1.   The American Legion Auxiliary is considered members of The American Legion

for bar/lounge privileges.

 

SECTION 2.   The Sons of The American Legion are considered members of The American Le­gion for bar/lounge privileges.

 

SECTION 3.   Members of The American Legion from other Posts throughout the United States are eligible for bar/lounge privileges.

26.

ARTICLE XVII (cont’d)

 

SECTION 4.   Members listed in Sections 1, 2 and 3 above, must have a current year paid mem­bership card in their possession to be eligible for bar/lounge privileges.

 

SECTION 5.   Guests of members listed in Sections 1, 2 and 3 above, and of members of Paradise Post 79, must be signed in by the authorized member, in the Guest Log. Further, all members and their guests will conform to and abide by the House Rules.

 

 

ARTICLE XVIII

 

Bingo

 

SECTION 1.   Paradise Post 79 bingo(s) will operate within the guidelines and laws of the State of Florida, to wit: Florida Statute 849.0931, or any revision thereto, and to Pasco County Ordi­nance 92-15 as amended or revised.

 

SECTION 2.   There shall be One Post bingo committee. The committee shall consist of five (5) members from the Post. The Post Commander shall appoint the Chairperson(s) and all other members.

 

SECTION 3.   The Bingo Committee shall:

 

a.   receive and deposit all monies generated by the bingo games in one separate bank account in such banks and financial institutions as determined by the Executive Committee with the approval of the membership of the Post,

 

b.   maintain accurate records of all bills, receipts, vouchers of expenditures and records of all incomes,

 

c.   submit a statement of financial conditions of the account(s) at the regular busi­ness meeting of the Post.

 

d.   all expenditures, excluding normal operating costs, must be approved by the Executive Committee and/or voted on by the membership at a regular meeting.

 

 

ARTICLE XIX

 

Legionnaire Of The Year Award

 

SECTION 1.   Award

27.

ARTICLE XIX (cont’d)

 

 

a.   An award titled “Legionnaire of the Year” shall be presented to a member of Paradise Post 79.                              

 

b.   The award shall be presented in conjunction with the Post’s annual American Legion birthday observance in March.

 

 

SECTION 2.   Selection Committee

 

In January, the Post Commander shall appoint a committee of three (3) members

of the Post to select the recipient of the award.                                                         

 

SECTION 3.   Criteria for Award

 

The Legionnaire shall:

 

a.   have demonstrated through act or service an exemplary devotion to the high ideals and principles of The American Legion,

 

b.   have rendered outstanding service to the well-being of the Post.

 

 

 

ARTICLE XX

 

Outgoing Commander

 

SECTION 1.   Past Commander’s Lapel Pin

 

a.  Upon completion of their term of office, the Outgoing Commander shall be pre­sented a Gold American Legion Past Commander’s Lapel Pin in appreciation of their ser­vice to the Post.

 

b.  This award shall be presented to the Outgoing Commander during the installa­tion ceremony of newly elected officers of the Post.