Bylaws

American Legion

Spring Hill Post 186

12091 Cortez Blvd. Brooksville, FL 34613-7350

REVISED

2008

CONSTITUTION

AND

BY-LAWS

INDEX

CONSTITUTION AND

BY-LAWS

CONSTITUTION

Article I Name

Article II Object

Article III Nature

Article IV Membership

Article V Officers

Article VI Finance

Article VII American Legion Unit and Squadron

Article VIII Amendments

Article IX Effective Date

BY-LAWS

Article I Name and Objective

Article II Management

Article III Post Executive Committee

Article IV Duties of Officers

Article V Delegates

Article VI Appointments

Article VII Meetings

Article VIII Amendments

Article IX Roberts Rule of Order

Article X Effective Date

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 association in the great 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 good-will 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.

CONSTITUTION OF

THE SPRING HILL

AMERICAN LEGION POST 186

ARTICLE I – NAMES

The Name of the organization shall be The Spring Hill American Legion Post #186, Inc, The American Legion Department of Florida.

ARTICLE II – OBJECTS

The objects and purpose of Post 186, will be to promote the principles and policies as set forth in the foregoing preamble, and the National and Departmental Constitutions of the American Legion.

ARTICLE III – NATURE

1. Post 186, is a civilian organization and membership therein does not affect or increase liability for military or police service.

2. Post 186,will be absolutely non-political and will not be used for the dissemination

of partisan principles or for the promotion of the candidacy of any person seeking public

office of preferment.

3.Military rank does not exist in the American Legion; no member will be addressed by

their military title in any meeting of Post186.

4.Each member of Post 186, will perform their full duty as a citizen to their own conscience and understanding.

ARTICLE IV – MEMBERSHIP

1. Eligibility to membership in Post 186 will be prescribed by Article IV of the National Constitution of The American Legion.

2. Application for membership in Post 186 will be made in writing on forms prescribed by The American Legion and each application must be approved by a member of the membership committee. A DD-214 or other proof of service time must be submitted with the application. When a new member is transferring in from another Post,--That Post MUST be contacted in order to make sure the incoming member is in fact a member in good standing in the American Legion.

All applications for membership will be acted upon at the next Post 186 meeting following the approval by a membership committee, and will, at said meeting be accepted, rejected, or referred for further investigation and consideration. If six members present at the said meeting cast their vote against the acceptance of said application, then such application will be rejected. A rejected candidate can reapply for membership at the next meeting

4. Any disciplinary action effecting a members rights will be in accordance with Article X, paragraph 14 of the Department Constitution.

A member who has been expelled from Post 186 for non payment of dues, may be reinstated to membership by a two-thirds (2/3) vote of the membership present at a Post 186 meeting, and the payment of current dues for the year in which reinstatement occurs.

6. No person who has been expelled by any Post, will be admitted to membership in any other Post without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post. They may then appeal to the executive committee of the department of the expelling Post for permission to be admitted to membership in another Post, and will be ineligible for membership until such permission is granted.

There will be no form or class of membership and dues will be paid annually or for life.

Prospective and/or any member(s) with convictions of moral turpitude and/or supplying false or misleading information on a membership document(s), will not be considered for membership, or if a current member be found guiltily of the above, it will be cause for immediate expulsion from Post 186

No person while a member of Post 186 will be a member of another Post of the American Legion.

10. Non members of Post 186 cannot attend our meetings unless invited to attend by Post 186 Commander.

ARTICLE V – OFFICERS

1. The administrative affairs of Post 186 of The American Legion, except as may be otherwise provided by the by-laws, be under the supervision of an Executive Committee, here after shall be referred to as the E-Board, which shall consist of eight (8) members from the membership, the Post Commander and the first seven (7) officers of the Post named in Section 2 of this Article and the immediate past Commander. The Commander may appoint any other committee(s) as the business of Post 186 may require.

2. The Officers of Post 186 will be (1) Commander, (2) First Vice Commander, (3)

Second Vice Commander,(4) Third Vice Commander (5) Finance Officer (6) PR/Historian (7) Sergeant-At-Arms. The Judge Advocate and Adjutant will be appointed by the Commander and will be NON-voting members of the E-Board.

3. The Chaplin, will be elected annually and will be a NON-voting member of the E-Board.

4. All Officers of Post 186, will be elected annually and certified by the Department Adjutant, not more than ninety (90) days, nor less than ten (10) days prior to the Annual Department Convention. They will be installed no later than fourteen (14) calendar days after the annual election of Post 186, by the District Commander or their representative. They will hold office until their successors are duly installed or otherwise provided.

5. Every member of Post 186 in good standing will be eligible to hold office in Post 186, provided the person is certified as a member in good standing by the Election Committee. The E&N committee will check each candidates DD-214 (or other form of proof of time in service) to make sure they are eligible to run for office, prior to the election.

Each member may only run for one office at election time.

6. Any elected Office or elected Committee position of Post 186 that is not filled or becomes vacant, the Commander will appoint a member in good standing to that office. This appointment will be for the remaining term of that elected office. This appointment must be approved by two-thirds (2/3) vote of the E-Board.

7. If the position of Commander of Post 186, becomes vacant, the E-Board will have a special meeting to appoint a well qualified person to serve out the remainder of the Commanders term.

ARTICLE VI – FINANCE

1. The revenue of Post 186 will be derived from membership initiation fees, from membership dues and from such sources as may be provided by a vote of the membership present at a Post 186 meeting.

2. The amount of such membership dues will be fixed by the Post 186 membership.

3. Post 186, will pay to departmental headquarters the national dues for every member of Post 186

ARTICLE VII – AMERICAN LEGION UNIT AND SQUADRON

1. Post 186 recognizes an Auxiliary organization to be known as the Auxiliary Unit 186

of the Spring Hill Post 186. The Post also recognizes the Sons of the American Legion (SAL) to be known as Squadron 186 of the Spring Hill Post 186. The President of the Auxiliary Unit or the Commander of the SAL may, with proper notice to the Commander stating the nature of the visitation, appear before the E-Board or General Membership at a time and date agreeable to all parties involved.

2. Membership in Auxiliary Unit 186, will be prescribed by the National Constitution of The American Legion.

3. Membership in the SAL Squadron 186, will be prescribed by The National Constitution of the Sons of the American Legion.

ARTICLE VIII – AMENDMENTS

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

2. This Constitution may be amended at any regular Post 186 meeting by a vote of two- thirds of the members attending such regular meeting provided that the proposed amendment shall be submitted in writing and read at the next preceding regular meeting and provided further, that written noticed will be given to all members, by mail, or mailed newsletter, at least 10 days in advance of the date when such amendment is to be voted upon.

ARTICLE IX – EFFECTIVE DATE

1. This Constitution will take effect as soon as it's approved by the Dept. of Florida American Legion.

2. A copy of this Constitution will become a part of the adjutant’s records as well as copies of any amendments thereto.
BY-LAWS

THE AMERICAN LEGION POST 186

ARTICLE I – NAME AND OBJECTIVES

1. The Post existing under these By-Laws is to be known as The Spring Hill American Legion Post 186, of The American Legion Department of Florida.

2. The objectives of Post 186 are set forth in the Post’s Constitution.

ARTICLE II – MANAGEMENT

The government and management of Post 186 is entrusted to the Executive Committee, here after being referred to as the E-Board. The Executive Committee shall consist of sixteen (16) members, to be known as the “E-Board”.

The E-Board shall consist of eight (8) Post general members, the Post Commander, and the following officers,(1) First Vice Commander,(2) Second Vice Commander,(3) Third Vice Commander (4) Finance Officer,(5) PR/Historian, (6) Sergeant At Arms, and shall be elected annually. The immediate Past Commander of Post 186,will be appointed to be on the E-Board by the new Post 186 Commander.

An Election/Nominating Committee, here after known as the E & N Committee, will be a minimum of three (3) and no more than Five (5) members of Post 186, and shall be elected by the membership, no more than ninety (90) days prior to the annual Department Convention. If none, or not enough members, run for the E&N committee, The Commander of Post 186 will appoint members to same.

All Elected Officers, shall be by ballot Write in votes are not permitted and will not be counted. A list of Post members voting will be maintained by the E & N Committee to prevent someone from voting more than once. The candidate or candidates receiving the highest numbers of votes shall be elected to that respective office. The election will be held at the home of Post 186 from 1:00 to 7:00 PM the Wednesday prior to Post 186's regular meeting not more than ninety (90) days or less than ten (10) days, prior to the Annual Department Convention. Nominations will be opened at a regular membership meeting, to be announced, after the dates of the Dept. Convention meeting are made known. and remain open until the close of the regular meeting not more than ninety (90) days prior to Post 186 elections.

5. The Commander will set aside a portion of the Post 186 bulletin board for an advertisement by candidates running for office in Post 186. Each candidate will be allowed one (1) letter size advertisement. All advertisement must be positive, no negative advertising will be excepted. Each candidate may put a one (1) line notice in the newsletter with their name and what office they are seeking.

ARTICLE III – POST EXECUTIVE COMMITTEE

The Commander will call for Post 186's Executive Committee (E-Board) to meet for organizational purposes and such other business as may come before it within thirty (30) days after the installation of the new Officers. The Post E-Board will, at a minimum, meet monthly, one (1) week before the regular membership meeting. Thereafter the Post E-Board must upon the written request of nine (9) or more members of said E-Board, have a special E-Board meeting for any reason(s) they feel necessary for the good and welfare of the Post. Nine (9) members of the E-Board shall constitute a quorum thereof. The E-Board members requesting the meeting will be responsible to give adequate, 5 days or more, notification to the other board members, the Post Adjutant and the Post Judge Advocate. The meeting must be held no more than seven (7) days after notification.

In case of extreme emergency (called only by the Commander or acting Commander) a phone conference with the E-Board may take place for the good and welfare of Post 186. A quorum of nine (9) E-Board members is still needed.

ARTICLE IV – DUTIES OF OFFICERS

1. Post 186 Commander: It shall be the duties of the Commander to preside at all meetings of Post 186 and to have general supervision over the business affairs of Post 186. The Commander shall be the chief executive officer of Post 186 and see that the Constitution and By-Laws of Post 186 are enforced. The Commander will be the liaison officer between Post 186 and the Auxiliary and the SAL. The Commander shall make an annual report covering the business of Post186 for the year and make recommendations for the ensuing year. This report is to become a part of the Adjutant’s records. The Commander will make arrangements for an audit of the books once a year, and whether the audit will be internal or external, will be determined by the E-Board and approved by the general membership. The Commander acts as Ex-officio of all Committees.

Vice Commanders: The Vice Commanders will assist the Commander in the performance of their duties and officiate for the Commander in event of their absence. In the absence of the Commander and Vice Commander, a chairman will be appointed by the E-Board to preside at meetings. The First Vice Commander will specifically be the chairman of the Membership Committee. The Second Vice Command will be responsible for developing programs for all patriotic observances. They will be responsible for the social an entertainment activities of the Post. The Third Vice will help both the First Vice and the Second Vice with their duties and work load. They will also be assigned other duties as deemed necessary by the Commander.

3. Judge Advocate: The Judge Advocate will advise the Officers and E-Board on all legal matters, interpretation of the Constitution and By-laws, and will perform such other duties such as investigating and dealing with ALL infractions in Post 186 .

4. Post Adjutant: The Adjutant will have charge of, and keep a full and accurate record of all proceedings of all meetings, keep records as the Department and National organizations may require, internal reports of membership annually or when called upon at a meeting, and under the direction of the Commander handle all correspondence of the Post. The Adjutant will also serve as recorder for the E-Board and keep a full and correct record of all proceedings of its meetings. The Adjutant will keep an attendance record of each paid up member at each meeting as part of his reporting of regular and special meetings.

5. Finance Officer: The Finance Officer will receive Post income and see that such funds are safely deposited in some local bank or banks. The Finance Officer will pay all bills incurred by the Post. The Finance Officer will, upon request of the auditor, present for examination all books, papers and vouchers as may be deemed necessary for a proper auditing of Post 186 accounts. The Finance Officer will insure the Commander, The First Vice Commander and the Canteen Manager are properly bonded. The amount of the bond shall be determined by the Executive Board and reviewed annually. The Finance Officer will render a report of Post 186's finances at each meeting. The Finance Officer will have a copy of last month’s Profit and Loss Statement, Balance Sheet, and the General Ledger for the Post and Canteen at the General Membership Meeting, and available for members to review. Copies of these reports will not be removed from the Post. If the Finance Officer anticipates being absent from a meeting they shall see that their report is in the Adjutant’s hands for presentation at the meeting.

There are four (4) authorized Officers that can sign checks for Post 186. They are the Commander, First Vice Commander, Second Vice Commander and Finance Officer. Any total expenditure in excess of $200.00 per month for the purchase of fixed assets will be referred to the Executive Board and to Post 186 membership,( before purchase,) for approval with no exceptions. The monies may not be rolled or carried over from month to month. This limit does not apply to normal expenditures for utilities, occupancy, repairs, purchase of inventory, taxes, Department membership dues and insurance. In extreme emergency(called only by the Commander or acting Commander) the Executive Board shall be authorized to expend such monies as necessary in order for Post186 to function in a good and business like manor, keeping the safety, welfare and comfort of Post 186 membership foremost in mind.

6. Historian/P.R.: The Post historian shall keep a complete historical record of Post 186 and Post 186 members. They shall perform such other duties as may properly pertain to the office as may be determined by Post 186.They will be called upon to handle the Public Relations of Post 186 and any other duties deemed necessary by the Commander.

7. Chaplain: The Post Chaplain will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc., adhering to such ceremonial rituals as are recommended by the National and Department headquarters from time to time. The Chaplain or their designee shall be charged with the responsibility of visiting comrades that are ill. They will notify Post 186 of the circumstances and take appropriate action as required by the Commander.

8. Sergeant-at-Arms: The Sergeant-at-Arms shall prepare the meeting hall for all meetings and attend at the door at all Post 186 meetings, and permit no one to enter without being satisfied of their right to do so. They shall secure the canteen to all Post 186 members prior to the start of and during all general and special membership and E-Board meetings. The canteen will not open to Post 186 members until the completion of the general or special membership meeting.

9. Service Officer: The position of service Officer will be appointed by the Commander. The Service Officers job is unselfish work, not only for the benefit of the members of Post 186 but for those veterans particularly in need of the service. The Service Officer has the responsibility of looking out for the welfare of all concerned. The Service Officer is the liaison between the Veterans Administration and the general membership of the legion.

ARTICLE V - DELEGATES

Delegates and alternates to a Department Convention, and a District Constitutional Meeting, will be elected by Post 186 at a regular meeting not more than one hundred twenty (120) days or less than ten (10) days prior to the annual Department convention. The Commander will be allowed to fill any Delegate vacancies, by appointment, before the Annual Convention. All Delegates must attend all general sessions and one work shop, assigned by the Commander or his designee, to qualify for room reimbursement. If they do not qualify under the provisions of these By-Laws they will not be reimbursed. Any one not qualifying for reimbursement and that have already received any such payment from Post 186 will be required to repay that amount within thirty (30) days. If the repayment is not paid within 30 days the member will NOT be considered a member in good standing and steps will be taken to collect what is due Post 186. The number of nights lodging that are the responsibility of Post186 shall be determined by the vote of the general membership at the general meeting prior to the Dept. of Fl. Convention.

ARTICLE VI – APPOINTMENTS

Post 186 commander, as soon as possible after taking office, will appoint the committees, the duty of which are outlined in subsequent sections of this article. The Commander will also appoint other committees as required for the good of the Legion. When the Commander leaves office all committees are dissolved. The new Commander must re-appoint all committee members.

Membership Committee: the Membership Committee, under the chairmanship of the First Vice Commander, will have charge of all matters pertaining to the membership of the Post, including the procuring of new members and their eligibility. All new members must present a DD-214 or other proof of time in service and a picture identification with Post 186 dues and a membership application. When a person is transferring in, the membership committee must call the Post they are coming from, on the phone, and find out if they are a member in good standing. All new members will be offered a copy of Post 186's Constitution/By-Laws and House Standing Rules at the meeting they are voted into Post 186.

3. Election/Nomination Committee: This committee, consisting of a minimum of three (3) and a maximum of five (5) will oversee the election of all officers of Post 186. They will solicit from the general membership a candidate that is wanting and most desirable to fill a position/office of Post 186 They will assist the Adjutant in the preparation of the listing and, ballots of all elected offices. They will monitor and oversee the casting of all votes, maintaining a list of current, active members to ensure all cast votes are valid. At all meetings nominations are open, under the Good of the Order, the Commander will relinquish the podium to the Chairman of the E & N Committee for the announcement of the candidates for office. The Chairman will state the names of all nominees that are seeking office or are nominated for an office and if they are eligible to hold office. The Chairman will also seek nominations from the floor. At the last meeting that nominations are open, the Chairman must seek nominations of each office three times prior to the closing of nominations for that office. At that meeting all candidates for any office must declare acceptance. If a person knows they will be absent from that meeting and is willing to accept the office nominated for, they must present a letter of acceptance to the Chairman of the E & N Committee confirming that acceptance.

4. House Committee: The House Committee will be elected by the membership and consist of five(5) members. Members will be Post 186 Legionnaires from the general membership. The House Committee will elect their Chairman but that Chairman must be a Legionnaire. The Sal commander and Auxiliary Unit President will appoint one representative to the House Committee. All members will be voting members. The House Committee will meet once a month, on the Friday prior to the E-Board meeting and the minutes of that meeting will be given to the Post186 Adjutant no later than three (3) days after said meeting. They can meet more often if required, The E-Board will review all minutes and recommendations of the House Committee.

The House Committee will assume the responsibility for the daily operations of the Post and premises, and therefore relieve the burden from the E-Board. Their duties will encompass the responsibility of assisting the Canteen Manager in his/her duties. They will be responsible for engaging someone to accomplish the daily cleaning and maintenance of the Post interior and exterior. They will oversee and coordinate all community service personnel to insure they are properly utilized and conduct meaningful work in and around Post 186 properties. They will investigate any and all infractions of the House Rules and report their findings and recommendations to the Judge Advocate. Any recommendations for changes in any area of Post 186 operations or house rules must be forwarded to the E-Board for consideration and approval.

ARTICLE VII – MEETINGS

1. The regular meeting of the Post shall be held at 12091 Cortez Blvd. , Brooksville , FL 34613 , Post 186, the 1^st Thursday of each month, at 7:00 pm .

A special meeting of Post 186 membership will be called when requested by at least thirty (30) members in good standing. The meeting will ONLY deal with the business it is called for. NO other business will take place. All members must be notified at least ten (10) days in advance of when the meeting is to be held.

Twenty (20) members present at any regular or special, meeting shall constitute a quorum.

ARTICLE VIII- AMENDMENTS

1. These By-laws are adopted subject to the provisions of the National By-Laws of the American Legion and the Department By-Laws of the Department of Florida American Legion. Any amendment to the National By-Laws or Department By-Laws which is in conflict with any provisions hereof shall be automatically repealing or modifying the provision of these By-laws to the extent of such conflict.

2. These By-Laws may be amended at any regular Post 186, meeting by a vote of two- thirds of the members attending such regular meeting provided that the proposed amendment shall be submitted in writing and read at the next preceding regular meeting and provided further, that written noticed will be given to all members by mail, or mailed newsletter, at least ten days in advance of the date when such amendment is to be voted upon.

ARTICLE IX – ROBERTS RULES OF ORDER

Roberts Rules of Order, revised, unless otherwise written, shall govern the proceedings of this Post except when they may be in direct conflict with the 15^th District, Area, Department of Florida or National Constitution and By-Laws of The American Legion.

ARTICLE X – EFFECTIVE DATE

1. These By-Laws shall take effect as soon as they approved by the Department of Florida American Legion.

2. A copy of these By-Laws shall become a part of the Adjutants records as well as copies of any amendments thereto.