By-Laws

BY-LAWS
BY-LAWS
The American Legion
Helen K. Osmundson Post 206
Aurora, CO

PURPOSE
The purpose of these By-Laws of Helen K. Osmundson Post 206 (Post), The American Legion, Department of Colorado, is to further promote the charter and constitutional provisions and principles of the Post, District, Department of Colorado and National Constitutions of the American Legion, and to affect a standard for the government and management of the business and the affairs of the Post.

SCOPE
The scope of the By-laws is such that, upon their adoption by the membership-at-large of this Post, all previous articles shall, upon said date, be revoked, repealed and of no effect thereafter.

MERGER
The Post shall be independent from any other service or non-service organization or its assets.

DISSOLVEMENT
If the Post fails to meet the obligations imposed upon it by The American Legion National Constitution and By-Laws, or Department Constitution and By-laws, or ceases to function for (12) twelve months as an American Legion Post, all records, property and assets of the Post shall be turned over to the Department Executive Committee as provided for in Article III, Section 3, National By-Laws of the American Legion.

ARTICLE I
GOVERNMENT AND MANAGEMENT OF THE POST
Section 1. The government and management of this Post shall be vested in the duly elected Officers of the Post and Executive Committee, who shall perform their prescribed functions and duties in accordance with the rules and regulations of The American Legion.

ARTICLE II
THE OFFICERS OF THE POST
Section 1. The officers of the Post shall be a Commander, Senior-Vice Commander, Junior-Vice Commander, Adjutant, Finance Officer, Historian, Chaplain, Sergeant-at-Arms, Service Officer and such other officers as may be deemed necessary and duly elected by the membership-at-large of the Post, to effect the purposes and duties of the Post.

ARTICLE III
DUTIES OF THE OFFICERS OF THE POST
Section 1. COMMANDER. The Post Commander will preside at all regular and Executive Committee meetings of the Post. The Commander will have general supervision over the business and affairs of the Post, and shall be the Chief Executive Officer of the Post. The Commander will approve or veto all orders directing the disbursement of Post funds that are budgeted for under Post programs, and as provided for in Article VII, Section 3. The Commander shall make an annual report covering the business of the Post for the year, covering recommendations for the ensuing year, which shall be read at the annual installation meeting. The Commander shall perform such other duties as directed by the Post. Upon taking office, the Commander shall appoint chairmen of the standing committees including, but not limited to, those committees as defined in Article XV except as provided for elsewhere in these By-laws.

Section 2. SENIOR-VICE COMMANDER. The Senior-Vice Commander will assume and discharge the duties of the office of Commander in the absence of or disability of the Commander, when called upon by the Commander, or upon the death, resignation or removal of the Commander from the jurisdiction of the Post, and shall perform the duties of the Commander until the next regular election. The Senior-Vice Commander will be the chairman of the standing Membership Committee of the Post. The Senior-Vice Commander may conduct a membership initiation ceremony each year for new members.

Section 3. JUNIOR-VICE COMMANDER. The duties of the office of Junior-Vice Commander will be to assist the Senior-Vice Commander as called upon. The Junior-Vice Commander shall be particularly interested in patriotic observances of all kinds, developing Post activities, and in the entertainment features and social activities of the Post.

Section 4. ADJUTANT. The Adjutant will be appointed by the Commander. She will have charge of and keep full and accurate records of all proceedings and meetings, and shall keep and make such reports as the District, Department, and National organizations may require. The Adjutant will report Post membership and shall keep an up-to-date membership roster of the Post, including all membership records. The Adjutant shall handle all correspondence of the Post, publish official orders and notices of special meetings, as provided for in these By-laws, and publish a monthly Post publication to keep the membership of the Post advised of Post activities. The Post Adjutant shall be the recording secretary of the Executive Board of Directors and the regular membership meetings.

Section 5. FINANCE OFFICER. The Finance Officer of the Post will have charge of monies and accounts and will report once a month to the Executive Board of Directors and the membership-at-large the state of the finances of the Post. The Finance Officer shall have the authority to sign all checks disbursing the monies of the Post as provided for in Article VI, Section 2, and shall be bonded in such sums as shall be determined by the Executive Board of Directors.

Section 6. HISTORIAN. The Historian will be charged with recording activities and incidents of the Post and Post members, including activities at District, Department, and National functions, and shall perform such other duties as may be designated to the office by the Commander or the Executive Board of Directors.

Section 7. CHAPLAIN. The Chaplain will be charged with the spiritual welfare of the Post, and will offer spiritual but non-sectarian services in the event of dedications, funerals, public functions and related matters, and shall adhere to such ceremonial rituals as are recommended by District, Department, and National headquarters.

Section 8. SERGEANT-at-ARMS. The Sergeant-at-Arms shall preserve order at all meetings and will perform such other duties assigned by the Commander or the Executive Board of Directors. The Sergeant-at-Arms will be the custodian of the colors and in charge of same during the presentation and retirement ceremonies. The Sergeant-At-Arms will appoint additional assistants as deemed necessary, with the approval of the Commander.

ARTICLE IV
ELECTION OF OFFICERS OF THE POST
Section 1. The officers of this Post shall be elected annually by the general membership of the Post at the annual meeting held for this purpose in April. The nominating committee (appointed by the Commander) shall submit the names of proposed candidates for office at a regular membership meeting at least one (1) calendar month prior to the April meeting. The elected officers shall assume office at the first regular membership meeting following the Department Convention in June. The roster of newly elected officers shall be submitted to the District and Department Adjutants at least ten (10) days prior to the Department Convention.

Section 2. The election of the officers of the Post shall be by secret ballot. The candidate receiving the majority of total votes cast shall be elected to the respective office(s) for which they have been nominated, provided they have agreed to and accept the nomination.

Section 3. Any officer may be removed for inefficiency by the Commander and one additional officer with an appeal to the Executive Committee at the next meeting after removal. A simple majority vote by the Executive Committee can either uphold or overturn the initial dismissal. Should an elected officer fail, without good cause, to assume the duties of that office within thirty (30) days after Department Convention, the Commander shall declare the office vacant and shall fill the office. Appointed officers filling vacancies in the middle of an election term will stay in that office until the next election.

Section 4. Every member of the Post in good standing shall be eligible to hold office in the Post.

Section 5. All candidates for any elected or appointed office in the Post shall place on file with the Adjutant copies of papers indicating an honorable discharge or separation from service within the dates of eligibility as set forth in the National Constitution of The American Legion. Such discharge papers shall be received prior to the actual election or appointment to an office, and the Post Adjutant will certify that fact to the membership at a regular meeting.

ARTICLE V
THE EXECUTIVE COMMITTEE
Section 1. The Executive Committee of the Post shall consist of the Commander, the most senior officer in attendance and one (1) member voted in by the membership in April. The Post Commander shall serve as chairman of the Executive Committee. The elected member will serve a one (1) year term. In her absence, another member present at the meeting shall be designated by the Commander.

Section 2. All officers and members are encouraged to attend Executive Committee meetings.

Section 3. The Executive Committee shall convene, if necessary, prior to the regular membership meeting.

Section 4. The Executive Committee shall establish bonding requirements for those officials authorized to handle Post funds.

ARTICLE VI
DISBURSEMENT OF POST FUNDS
Section 1. The funds of this Post shall be disbursed only after prior approval of the general membership. No funds shall be disbursed unless there remains in the budget account for that specific purpose a balance from which such disbursement may be made.

Section 2. The Commander and Adjutant are authorized to disburse funds after approval, and both must sign any checks or drafts drawn to make such payments.

ARTICLE VII
MEMBERSHIP REGULATIONS
Section 1. All persons shall be eligible for membership in this Post who are eligible for membership in The American Legion, as provided in the National Constitution of The American Legion.

Section 2. Any person eligible for membership as foresaid, may become a member of this Post upon election by a unanimous vote of the members of the Post present at any regular meeting of the Post; one vote of dissension will refer the membership of the applicant to the Executive Committee. The Executive Committee will make a recommendation and refer the matter back to the general membership.

Section 3. Each candidate for membership shall fill out and sign the required application for membership in The American Legion and provide a DD-214 within thirty (30) days to verify eligibility.

Section 4. All expulsions or suspensions of members of the Post shall follow District, Department ,and National guidelines.

Section 5. Members whose dues for the current year have not been paid by January first shall be classified as delinquent. If dues are paid on or before February first they shall be automatically reinstated. If they are still delinquent after February first, privileges will be suspended.

Section 6. Gender reassignment would constitute a membership revote.

ARTICLE VIII
MEETINGS OF THE POST
Section 1. There shall be a meeting of the Post for installation of new officers in June.

Section 2. The regular meetings of the Post shall be held at a place voted on by the general membership on the third Saturday of each month at 1400.

Section 3. The Post Commander shall have power to call a special meeting of the Post any time, upon giving ten (10) days written notice prior to such meeting and only as needed.

Section 4. Special meetings of the Post may be called by the Executive Committee upon giving ten (10) days written notice thereof, following a majority vote of the Committee.

Section 5. Four (4) members shall constitute a quorum for the transaction of business at any general membership meeting. The four (4) members shall consist of the Post Commander, additional officer, and two members.

Section 6. The order of business of the meetings of the Post shall be in accordance with the guidelines set by the membership.

Section 7. Valid attendance by any member can be by physical presence, cyber presence, or phone. These members will have full voting privileges.

ARTICLE IX
NOTICES
Section 1. Every member shall furnish to the Post Adjutant an address to which all notices and documents shall be sent, and the same shall be held to have been duly sent to or served upon a member when posted or otherwise mailed to the address so furnished.

Section 2. Due notice shall be given of all meetings of the Post.

Section 3. Notice posted on the Post’s website, Facebook page, via email, or in handwritten format shall be deemed as official notice.

ARTICLE X
RULES OF ORDER
Section 1. Robert’s Rules of Order shall be followed in conducting all meetings of the Post and the Executive Committee.

Section 2. Consensus discussion will be the primary format of each meeting, with decision finalized by motion and vote.

Section 3. A Motion can pass by simple majority vote.

ARTICLE XI
AMENDMENT OF BY-LAWS
Section 1. Amendments of the By-laws may be made at any regular meeting of the Post by a simple majority vote of the members present, if sufficient members are present to constitute a quorum, and provided that the proposed amendment shall have been submitted to the membership in accordance with permissible notice in Article IX, Section 3, ten (10) days prior to the regular meeting of the Post.

ARTICLE XII
DELEGATES TO CONVENTIONS
Section 1. Delegates and alternates to the District and Department conventions shall be elected at a regular meeting of the Post held prior to the date of such convention.

Section 2. The immediate Post Commander shall be the chairman of the delegation from the Post to the District and Department conventions. In the event of her failure, refusal, or inability to head such delegation, the next highest ranking officer shall serve as chairman.

ARTICLE XIII
POSTING OF BY-LAWS
Section 1. The Post By-laws will be available as prescribed under Article IX, Section 3. It is the responsibility of all elected officers to read them.

Section 2. Amended Post By-Laws will be posted within thirty (30) days after vote of approval.
Section 3. The Post By-Laws will be reviewed every three (3) years to insure conformity with the needs of the Post and to ensure that District, Department, and National policies are reflected.

ARTICLE XIV
STANDING COMMITTEES
Section 1. Each committee shall consist of as many members as may be designated by the committee chairman. All members of the Post shall be given every opportunity to serve on such committees as they prefer, and shall select their committee preferences in order of preference which shall be regarded insofar as possible.

Section 2. Such additional committees as may be necessary may be appointed by the Post Commander. Chairmen of these additional committees shall likewise be appointed by the Post Commander.

Section 3. AMERICANISM COMMITTEE: This committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observances of patriotic occasions, and the encouragement thereof among schools, aliens, and the general public, and other activities for community and civic betterment.

Section 4. FEMALE VETERANS ACTION COMMITTEE: This committee is a Department committee, chaired by Post 206. Its purpose is to mentor, recruit, and promote the active membership of female veterans in The American Legion.

Section 5. AUDITING COMMITTEE: The auditing committee shall be charged with the auditing of all Post accounts and funds at the direction of the Executive Committee. The chairman of the auditing committee shall be appointed by the Executive Committee.

Section 6. BINGO COMMITTEE: This committee shall be charged with functioning of the bingo program subject to approval by the Executive Committee. This committee shall conform to the laws of the State of Colorado.

Section 7. BUDGET AND FINANCE COMMITTEE: The budget and finance committee shall be charged with the administration of the financial policy of the Post and may consist of the membership-at-large. The Post Finance Officer shall be the chairman of the Budget and Finance Committee.

Section 8. CHILDREN AND YOUTH COMMITTEE: This committee shall be charged with aid and service to the youth of the community.

Section 8.1. BOY SCOUT SUB-COMMITTEE: This committee shall be charged with liaison with troops the Post is associated with to recommend and develop further activity.

Section 8.2 BOYS STATE SUB-COMMITTEE: This committee fosters and supports the National program.

Section 8.3 JUNIOR ROTC SUB-COMMITTEE: This committee would work with local ROTC programs to identify outstanding cadets and award them with our Post scholarship.

Section 9. NOMINATING COMMITTEE: This committee shall be charged with the responsibility of conducting the balloting of election of officers.

Section 10. MEMBERSHIP COMMITTEE: The membership committee shall have charge of all matters pertaining to membership of the Post, including new members, transfers, and determining the eligibility of candidates for membership. The Senior Vice-Commander shall be chairman of the Membership Committee.

ARTICLE XV
RECOGNITION OF ANCILLARY ORGANIZATIONS
Section 1. This Post recognizes The American Legion Auxiliary, Junior Auxiliary, and The American Legion Riders.