John Wayne Post # 79 By-Laws
THE AMERICAN LEGION
DEPARTMENT OF FRANCE
JOHN WAYNE POST # 79
BY - LAWS
ARTICLE I - GENERAL
Section 1. The objectives of this Post are set forth in the Preamble and Article II of the Post Constitution.
ARTICLE II - MANAGEMENT
Section 1. The administrative and operational affairs of this Post shall be under the supervision of an Executive Committee consisting of;the nine (9) elected Post Officers, the Immediate Past Commander, the Post Adjutant, The six (6) elected Post Executive Committee Members and the appointed Committee members who shall be the Chairman of the Post Standing Committee referenced in Article VII, Section 1 of these By-Laws. The Adjutant and the Committee Members shall not be eligible to vote in the Executive Committee Meetings, due to the nature of their office by appointment, unless otherwise so qualified. In the event of the absence of the Post Commander for any reason, the 1st Vice Commander shall assume the seat and duties of the Post Commander.
Section 2. The election of Post Officers shall occur at the monthly Post meeting during March of each year. Elections will be announced at monthly meetings and in the monthly newsletter.
Section 3. Election of Post Officers shall be by secret ballot and the candidate receiving the highest number of votes of the membership present and voting, shall be declared the winner. In the event there is one (1) candidate for a specific office, the Post Commander shall declare such candidate the winner.
Section 4. Every member of this Post in good standing shall be eligible to hold elective office in this Post, and except that any member having a business interest in this Post which could result in a conflict of interest may not be a candidate for elective office, any candidate running for any officers position must have been a member in good standing of this Post for at least three (3) consecutive calendar months or must have attended at least one (1) Post General Membership Meeting during the previous year. Futher, no member may exercise more than one (1) vote at any Executive Committee or General Membership meeting, where qualified to vote.
ARTICLE III - FINANCE
Section 1. The revenues of this Post shall be derived from annual membership dues and from such other sources as may be approved by the Post or the Post Executive Committee. Organizations supported by John Wayne Post # 79, Heilbronn, Germany, The American Legion, will be Boy Scout and Cub Scout organizations in the Heidelberg Military Community.
Section 2. The amount of annual dues shall be determined by the Executive Committee, subject to approval of the Post. Present annual dues are .00 per year or .00 for those taking advantage of the "Early Bird" program. Other sources of income will be from fines leved by the Sergeant-at-Arms during monthly meetings, National Emblem Sales, other major fund-raising activities, and donations.
Section 3. A single-entry accounting system will be used to record assets, liabilities, net worth and financial transactions of this Post. All audits will be conducted in accordance with the DoDI 1000.15 and USAREUR Private Organizations and Fund Raising Policy, the Department of France Constitution.
Section 4. All national, department and post officials handling American Legion monies shall be properly bonded with a good and solvent bonding and surety company, as surety, to cover double the average amount of money handled in a single year. In case of delinquencies in the payments of amounts due department or national headquarters, action shall be taken at once by the proper officials to bring about a speedy and complete settlement. The bonds provided by national officials shall be approved by the national judge advocate and the National Executive Committee, and those provided department officials by the Department Judge Advocate and the Department Executive Committee, and those provided by the Post officials shall be approved by the Post Legal Officer and the Post Executive Committee, or such other official or officials as the Department may designate.
Section 5. Liability insurance will not be maintained by this organization.
Section 6. An annual audit will be preformed on the financial statements of John Wayne Post # 79 by an audit committee of not less then 3 members of the Post, who shall be appointed by the Commander and approved by the Post Executive Committee, or by a duly qualified civilian auditor, every year as required by regulations. The Audit Committee or Auditor's duties shall be to audit the financial statements of John Wayne Post # 79 for the previous year and prepare a report recommendations, to be presented to the Post Executive Committee. A copy of the audit, to include total income generated as a result of the previous years operations, shall be provided to the office of the Commander, 26th Area Support Group, Heidelberg, Germany, APO, AE. 09102.
ARTICLE IV - POST EXECUTIVE COMMITTEE
Section 1. Immediately upon installation, the new Post Commander, in consultation with the previous Commander, shall call a meeting of the old and new Executive Committees. Such meeting shall be convened within thirty (30) days following the installation and prior to the June General Membership Meeting. Said meeting will be for the purpose of effecting the transition of Post records, files, functions, equipment, monies and attending to such other business as may properly come before the Executive Committee. Thereafter, the Executive Committee shall meet each month in regular session until the expiration of their of office and transition to the next new Executive Committee. Scheduling of regular and special sessions of the Executive Committee shall be as the Commander may deem necessary, but in no case less than one (1) regular session per calender month. The Commander shall be required to call a special session of the Executive Committee upon the joint written notice of four (4) members of said Committee. The term member as used herein refers to any of the voting or non-voting members of the Executive Committee.
Section 2. Five (5) voting members of the Executive Committee shall constitute a quorum for all regular and special sessions of the Executive Committee. Two-thirds (2/3) of the voting members present may suspend the requirements for a quorum for that particular session, however, all actions taken in such session where quorum was suspended shall be ratified at the next Executive Committee meeting providing the same quorum requirement is met.
Section 3. The Executive Committee shall authorize and approve all expenditures and requests for expenditures and shall obtain adequate bonding for all officers involved with Post funds, such bonding at the minimum to be required for the offices of Commander, Adjutant, Finance Officer, and 1st Vice Commander. In addition, the Executive Committee shall authorize and approve all contracts, receive Committee member reports for action, and generally have charge of and be responsible for the prudent management of all the affairs of this Post.
Section 4. All vacancies existing in the Executive Committee from any cause other than expiration of term of office shall, in the case of appointed Committee members or Adjutant, be appointed by the Commander for the remaining term of office; in the case of elected Post Officers or the elected Post Executive Committee members, shall be appointed by the Post Commander. Should the position of Post Commander become vacant for any reason the Post 1st Vice Commander will automatically assume the vacant position of Post Commander unitl the next Post elections. Should the 1st Vice Commander br unable or unwilling to assume the position of Post Commander, a special Post Election will be held at the next upcoming General Membership Meeting. As provided by in Article V, Section 7 of the Post Constitution. Term of office for appointed officials shall be at the pleasure of the Commander execpt that such appointment may not be for longer than the term of office of the Commander who made such appointment. Term of office for elected officials shall be from the date of their election to the date of the next Post General Election Meeting, unless sooner terminated for cause.
Section 5. Because of the character of the membership of this Post and the fact that military commitments and employment obligations could have serious and detrimental effect on the functioning of the Executive Committee and Post activities and operations, the Commander may in the best interests of the Post, permit Executive Committee members to designate assistants who would function in their absence and thereby provide continuity to Executive Committee actions. Such assistants would have all rights of the principal, except vote. Such assistants would be approved by the Commander and may not already be a member of the Executive Committee.
ARTICLE V - DUTIES OF OFFICERS
Section 1. Duties of the Post Commander: The Post Commander shall preside at all meetings of the Post and have general supervision over the business and affairs of the Post. He will be the Chief Executive Officer of the Post. He shall approve all orders directing the disbursement of funds, and shall make an annual report covering the business of the Post for the year. He shall make recommendations for the ensuing year which shall be read at the annual Post meeting. He shall preform such other duties as are usually incident to the office.
Section 2. Duties of the 1st Vice Commander: The 1st Vice Commander shall assume and discharge the duties of the office of Commander in the absence of or disability of, or when called upon by the Post Commander. He shall be the chairman of the Membership Committee and shall perform such other duties as the Post Commander may specify.
Section 3. Duties of the 2nd Vice Commander: The 2nd Vice Commander shall be a member ex-official of the Nominating Committee. His primary interest shall be Children and Youth. He shall perform such duties as the Commander shall specify.
Section 4. Duties of the Post Adjutant: the Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings. He shall keep such records as the Department and National Organizations may require. Under the direction of the Commander he will handle all correspondence of the Post. He will serve at the pleasure of the Commander.
Section 5. Duties of the Judge Advocate: The Judge Advocate shall advise on the construction and interpretation of the Post Constitution and By- Laws. He shall act as the parliamentarian at Post meetings. He shall preform such other duties as are usually incident to his office.
Section 6. Duties of the Finance Officer:The Finance Officer shall have charge of all finances. He shall see that they are properly deposited in the bank and accounted for. He shall report once a month to the Executive Committee on the condition of the Post finances. He shall make recommendations as he deems expedient and necessary for raising funds with which to carry on Post activities. He shall sign all checks disbursing Post monies ensuring all checks are countersigned by the Commander or Adjutant. He shall furnish such surety bonds in such amounts as shall be fixed by the Executive Committee.
Section 7. Duties of the Post Historian: The Post Historian shall be charged with all individual records and incidents of the Post and Post Members. He shall preform such duties as may properly pertain to the Post as determined by the Executive Committee.
Section 8. Duties of the Post Chaplain: The Post Chaplain shall be charged with the spiritual welfare of the Post Legionnaires. He will offer divine but non-sectarian service in the event of dedications, funerals or public functions. He will adhere to all ceremonial rituals recommended by National and Department Headquarters.
Section 9. Duties of the Service Officer: The Post Service Officer shall offer his greatest assistance to achieve the betterment of his fellow veterans, the Post and the Community He shall be responsible for doing his utmost to promote the general welfare of the individual, and thus, the group.
Section 10. Duties of the Sergeant-at-Arms: The Sergeant-at-Arms shall preserve order at all meetings and serve as the keeper of the Colors. He shall validate membership and attendance at all meetings. He will act as the official greeter of the Post and be familiar with all American Legion rituals. He shall perform such other duties as shall be prescribed by the Post Executive Committee or the Commander.
Section 11. Duties of the Executive Committee: In addition to their duties as chairman of their respective standing Committees, it shall be the duty of each Executive Committee member to maintain close contact with the Post membership. They will be aware of and responsive to the will and desires of the membership of this Post. Through such close personal contact they will bring awareness and a voice of the membership to the Post Officials. They will be aware of the duties of all officers and be prepared to assist the Commander as the Commander deems necessary.
ARTICLE VI - DELEGATES
Section 1. Delegates and Alternates to Department Conventions or Executive Committee meetings shall be appointed by the Post Commander with approval of the Post Executive Committee. Such Delegates or Alternates shall be appointed for each convention or Executive Committee meeting as they occur. In the absence of the Post Commander, the 1st Vice Commander shall appoint such Delegates.
ARTICLE VII - APPOINTMENTS
Section 1. The Commander upon taking office shall appoint the following standing committees. The committee will serve until the next annual election unless dissolved earlier, by the Commander.
a. Americanism - The purpose of the Americanism Committee is to inspire patriotism and good citizenship through patriotic observances, patriotic and civic instruction in schools, Americanization of aliens, information on anti-American propaganda, youth activities such as Boys State, Scouts, Oratorical Contest, School Award Medals, Baseball, Flag Etiquette, and other similar Community services, as well as provide a listing of available scholarships through the "Need A Lift?" booklet.
b. Children and Youth - The purpose of the Children and Youth Committee is to ensure that any child of a Veteran in need of care and protection will receive that service and aid; to organize the Legion's strength in each Community in the interest of children in general; to assist the Community to reduce juvenile delinquency.
c. Membership and Post Activities - The purpose of the Membership and Post Activities Committee is to obtain, retain and increase the membership of the Post with specific responsibilities for renewals, enrollment of new members, transfers and reinstatements. (The First Vice Commander frequently serves as Chairman of the Membership and Post Activities Committee).
d. Finance - The purpose of the Finance Committee is to supervise the receiving, disbursement and accounting of all Post funds; to prepare annual budget recommendations for the Post; to advise the Post on all financial policies. (The Finance Officer is normally the Chairman of the Finance Committee).
e. Ways and Means - The purpose of the Ways and Means Committee is to oversee the Post fund-raising activities and National Emblem Sales. (The Second Vice Commander frequently serve as Chairman of the Ways and Means Committee).
f. Graves Registration and Memorial Committee - The purpose of the Graves Registration and Memorial Committee is to record, mark, and decorate graves of deceased veterans; to render service and comfort to bereaved families: to provide American Legion funeral services when requested.
g. Veterans Affairs and Rehabilitation Committee - The purpose of the Veterans Affairs and Rehabilitation Committee is to assist veterans in obtaining needed hospitalization, in the prosecution of claims and in obtaining other veteran's rights and benefits; to visit comrades who are sick or disabled; to visit and comfort members of their families when sick or bereaved. (The Post Service Officer may serve as the Chairman of the Veterans Affairs and Rehabilitation Committee).
h. POW/MIA Committee - The purpose of the POW/MIA Committee is to inform the members of any changes in the status of missing POW/MIA's; to inform the members of any remains recovered; to inform the members of what the American Legion or other organizations may be doing to secure the return of remains of missing POW/MIA's from all wars and conflicts.
i. Sons of The American Legion Committee ( Post Supervisory Committee) - The Purpose of the Sons of The American Legion Committee is to act as a supervisory committee for the SAL Squardon in connection with its organization, activities, recreational, and educational programs. This committee shall have supervision over the operations of the Post's Squadron of the Sons of The American Legion. The Committee will consist of 3 or more members, with one being designated as the chairman of the Post Supervisory Committee, to be appointed annually by the Post Executive Committee on nomination of the Post Commander.
Section 2. Other committees may be appointed by the Commander as the business of the Post may require. All committees will consist of a Chairman and such members as may be designated by the Commander.
Section 3. Chairman of the standing committees will sit on the Post Executive Committee as prescribed in Article II (section 1) and Article IV of these By-Laws. Chairman of special committees will not sit on the Executive Committee but may at the discretion of the Commander attend meetings.
ARTICLE VIII - RESOLUTIONS
Section 1. All resolutions of Department or National scope presented to this Post by a member or reported to this Post by committee shall embody the opinion of this Post on said subject. A copy of same will be forwarded to Department Headquarters for approval before any publicity is given or other action is taken except for discussion/passage by the Post.
ARTICLE IX - MEETINGS
Section 1. Regular Membership Meeting.
a. The regular membership meeting of John Wayne Post # 79 will be held at the Post Home on the second Saturday of each month unless otherwise changed due to other commitments. The Adjutant shall give or cause to be given notice to all members of this Post at least thirty (30) days in advance of said meeting. This notice will be given through the use of a monthly Post Newsletter. A quorum shall be at least ten (10) percent of membership present and voting.
b. At the regular membership meeting the Commander, Finance Officer, Post Service Officer; the Chairman for the following Committees, Membership, Children and Youth, Americanism, POW/MIA, Veterans Affairs and Rehabilitation and any other Special Committee Chairman shall render their reports. The report will be given in writing and vebally and will include all accounts and activities of the Post for the previous month.
c. The order of business at the regular monthly meeting shall be as follows:
1. Reading of the minutes of the previous meeting
2. Roll Call of Post Officers
3. Finance Officer's report
4. Post Service Officer's report
5. Membership Committee report
6. Children and Youth Committee report
7. Americanism Committee report
8. Veterans Affairs and Rehabilitation Committee report
9. POW/MIA Committee report
10. Other Special Committe Chairman reports as needed
11. Commander's report
12. Awards presentations
13. Old business
14. Initiation of new members
15. Election of new Post Officers (at the March meeting only)
16. Installation of new Post Officers (at the May meeting only)
17. New business
18. For the good of the Legion
A copy of the minutes, including the approved financial statement, will be sent to the Commander, 26th Area Support Group, Heidelberg, Germany, APO AE 09102.
Section 2. The Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post at any time. Upon written request of at least ten (10) members, the Executive Committee shall call a special meeting of the Post membership.
Section 3. Ten (10) percent of the general membership present and voting shall constitute a quorum for regular and special membership meetings. A simple majority vote of said members may suspend said quorum for that particular session. All actions taken at meetings at which a quorum is suspended shall be ratified at the next regular meeting before they are accepted as carried.
ARTICLE X - EXPENDITURES
Section 1. Expenditures will be limited to those required to support the activities listed in the Constitution and those expenditures voted on and approved by the general membership or Executive Committee. A petty cash fund will not be used.
ARTICLE XI - NOTICES
Section 1. When possible the Commander will furnish a monthly newsletter to members. Every member of this Post shall furnish the Post Adjutant with his/her current mailing address, or other communication information.
Section 2. Each member of this Post will furnish the Post Adjutant with a copy of his/her DD Form 214 (if discharged or retired from service).
Section 3. The Post Adjutant will cause notice of the annual election meeting to be given to all members at least thirty (30) days prior thereto.
ARTICLE XII - RULES OF ORDER
Section 1. Where not provided for in the Post Constitution and By-Laws parliamentarian order according to
"Roberts Rules of Order" will be used.
ARTICLE XIII - INSTALLATION OF OFFICERS
Section 1. Newly elected Officers of this Post shall be formally installed in accordance with the rituals of the American Legion. Installation of the newly elected Officers will be at the May General Membership Meeting and/or Annual Awards /Installation Banquet to be held in the month of May.
Section 2. The outgoing Post Commander or an Officer of the Department of France shall administer the appropriate oath of office to the newly elected Post Commander and Post Officers at the May General Membership Meeting and/or the Installation Ceremony. It is the responsibility of the Immediate Past Commander, or in the case of re-election the present Post Commander, to ensure such formal installation of Post Officers is accomplished as prescribed.
ARTICLE XIV - RITUAL
Section 1. This Post shall conduct all meetings in accordance with the established ritual of the American Legion. All members shall be initiated as prescribed in the American Legion Manual of Ceremonies.
Section 2. A member's right to vote shall not be questioned on the sole basis of his not having been initiated unless it can clearly be shown that this member specifically refused to be initiated.
Section 3. Members of this Post shall be addressed as "Comrade" or "Legionnaire".
ARTICLE XV - DISCIPLINE
Section 1. Charges against any member involving disloyalty, neglect of duty, dishonesty or conduct unbecoming a member of the American Legion shall be processed as specified in the National Constitution of the American Legion as amended now and hereinafter, under practice and procedure in the expulsion or suspension of a member of the American Legion.
Section 2. Any member who disrupts a meeting of this Post and fails to respond to the Presiding Officer shall be assessed two (2) dollars for each such infraction thereof and shall be expelled from said meeting. A member so disciplined may appeal said assessment to the Post Executive Committee at the next scheduled Executive Committee meeting. Repeated disruptions of meetings by a member of this Post shall be cause for action for conduct unbecoming a member of the American Legion as provided under Article XIV, Section 1 of these By-Laws.
Section 3. Conduct within the Post Home shall be Prescribed by the House Operating Committee, as approved by the Executive Committee. Violators of the posted house rules may be assessed a sum as determined by the Executive Committee, and/or temporarily or permanently barred from entry to the Post Home premises by the Executive Committee, in accordance with the seriousness of the offense. Repetitive violators of the posted house rules may be charged with conduct unbecoming a member of the American Legion under Article XIV, Section 1, of these By-Laws.
Section 4. Appointed Officers and Committee Chairman are serving at the pleasure of the Commander, the appointing authority. They will be considered relieved from duties of office when notified over the signature of the Commander or when their successor to office shall have been appointed. All appointed officials shall be required to return all Post property, records, correspondence and receipts immediately upon the appointment of their successor to the Post Executive Committee or to the Post Adjutant. Any appointed official removed for cause shall be entitled to appear before the Executive Committee within thirty (30) days to contest such removal.
Section 5. Any Post Officer may be removed from office for neglect of duty, malfeasance of office, or for any other conduct unbecoming an Officer of this Post, as determined by a two-thirds (2/3) vote of the Post Executive Committee. With such action, it shall be required that written notice of such action be presented to the Officer in question and a Special session of the Executive Committee be convened within fourteen (14) days to permit said Officer to appear to contest such action. The Special Executive session, so called, shall finalize such action of removal from office by a two-thirds (2/3) vote. The removal of an Officer from office in this Post shall in no way be prejudicial to the rights of the individual so removed to his rights as a member of the American Legion.
Section 6. A vacancy shall exist within the Executive Committee when a member of said Committee shall absent himself from two (2) scheduled meetings of said Committee without due notification and proper cause. The member so removed will be informed of the action by registered letter within twenty-four (24) hours following the adjournment of the Executive Committee meeting at which such vacancy was declared. The member may appear in person to appeal the vacating action at the next regular Executive Committee meeting. All such actions of removal shall be without prejudice.
Section 7. Members of the Executive Committee who absent themselves from an Executive session without notice, proper cause, or representation shall be assessed a fine in an amount to be determined by the Post Executive Committee, but in no case more then ten (10) dollars. Such fine to be paid to the general operating fund of John Wayne Post # 79, Heilbronn,Germany, The American Legion, The Department of France.
Section 8. A member who has been suspended from the Post and thereinafter reinstated shall be required to pay in arrears in dues and assessments that were or become payable of his suspension or reinstatement.
Section 9. A member who's dues for the current year have not been paid by February 1st of such year shall be classed as delinquent. If said dues are paid on or before April 1st, said member shall be automatically reinstated. If said dues remain delinquent beyond April 1st, said member shall be suspended from all privileges. A member so suspended may be reinstated to active membership in good standing by majority vote of the Post and payment of current membership dues. Provided, however, that the Post may waive the provisions hereof with respect to former members who have been prevented from payment of dues by active military service. Any assessment against members for infractions with respect to these Constitution and By-Laws, if not previously paid, will be considered due and payable in conjuntion with current membership dues.
Section 10. Any member who does not pay his/her fine(s), or has not ask for an extension from the proper Post Official (Post Commander and/or Sergeant-at-Arms), will be notified by the Post Sergeant-at-Arms before the start of the next regular General Membership meeting and given the option to pay said fine(s). Any fine(s) not paid at this time are declared delinquent, and that person(s) will not be allowed to attend any General Membership meetings until said fine(s) are paid.
Section 11. Any member of this Post may be expelled for cause by a two-thirds (2/3) vote of the Executive Committee after charges are preferred under oath and in writing, and a fair trial has been had before the Executive Committee upon the charges; provided, however that this Post has made inquiry as to whether the Department Constitution and By-laws has provided a different procedure which should be followed, before proceeding under this Section.
Section 12. Any member who has been expelled or suspended from this Post for any cause may be reinstated to membership by a two-thirds (2/3) vote of the membership present in a Post meeting, and the payment of current dues for the year in which reinstatement occurs.
Section 13. No person who has been expelled by another post shall be admitted to membership in this Post, without the consent of the expelling post, except where consent has been asked for and denied by such post, he/she may then appeal to the Department Executive Committee of the expelling post for permission to apply for membership in this Post, and shall be ineligible for such membership until such permission is granted.
ARTICLE XVI - POST REGISTRATION
Section 1. John Wayne Post #79, Heilbronn, Germany, The American Legion, Department of France shall be registered with the Heidelberg military and Heilbronn civil communities.
Section 2. Such legal requirements as may be demanded of this Post by the registering authorities, excepting fees and other monetary requirements, shall be deemed administrative in nature and shall not require a vote to repeal or modify the provisions of this Article as required to comply with said legal requirements. Such administrative change to this article shall be effective upon notification to this Post of new requirements by the cognizant registering authority. Such administrative change of this Article shall be approved by the Post Executive Committee and shall repeal or modify the provisions of this Article only to the extent wherein such change is necessary for compliance with the requirement of the registering authority.
Section 3. The authority for military registration of this Post shall be the Commander, 26th Area Support Group, Heidelberg, Germany APO AE 09102. John Wayne Post # 79, Heilbronn, Germany, The American Legion, Department of France is and shall remain under the jurisdiction of the Commander, 26th Area Support Group, Heidelberg, Germany, APO AE 09102 as a provision of registration with the military authority.
a. The Post Constitution and By-Laws shall be reviewed by all newly elected Post Officers on an annual basis. A statement of annual review shall be signed by all newly elected Post Officers, including duty telephone and Social Security Number, with a copy to be forwarded to the office of the Commander, 26th Area Support Group, Heidelberg, Germany, APO, AE. 09102.
b. An annual audit will be performed on the financial statements of John Wayne Post # 79 by an audit committee of not less then 3 members of the Post, who shall be appointed by the Commander and approved by the Post Executive Committee, or by a duly qualified civilian auditor, every year as required by regulations. The Audit Committee or Auditors duties shall be to audit the financial statements of John Wayne Post # 79 for the previous year and prepare a report of recommendations, to be presented to the Post Executive Committee. A copy of the audit, to include total income generated as a result of the previous years operations, shall be provided to the office of the Commander, 26th Area Support Group, Heidelberg, Germany, APO AE 09102.
c. A summary of John Wayne Post # 79 activities for the previous year will be provided to the office of the Commander, 26th Area Support Group, Heidelberg, Germany, APO AE 09102.
d. Two (2) copies of any revisions or amendments to the Post Constitution or By-Laws will be furnished to the office of the Commander, 26th Area Support Group, Heidelberg, Germany, APO AE 09102, within fifteen (15) days of such revision or amendment, subject to the approval of the Department Judge Advocate.
e. A copy of the fidelity or bonding instrument referred to in Article VI, Section 6, of the Post Constitution will be furnished to the office of the Commander, 26th Area Support Group, Heidelberg, Germany, APO AE 09102.
Section 4. The authority for the civil registration of this Post shall be the Vereins-Register Geschftsstelle Amtsgerichts, Heilbronn, Germany.
a. The Post Commander and 1st Vice Commander shall have equal voice and authority in all matters pertaining to the civil registration authority, provided however, that both shall present themselves to all such matters as far as is practical, and further, provided that any actions shall be subject to ratification by the Post Executive Committee
b. The civil registering authority shall be provided an inclusive listing of all newly elected Post Officers as soon as practical following the annual Post elections. This listing shall include each Officers full name, date of birth, current mailing address and both home and work telephone numbers.
c. The newly elected Post Commander and 1st Vice Commander shall be required to present themselves to the office of the civil registering authority as early as possible following their election to sign the annual renewal of the Articles of Civil Registration. The appropriate renewal fee charged by the civil registering office will be reimbursed by the Post Finance Officer upon presentation of a valid, stamped receipt from the civil registering authority.
ARTICLE XVII - MEMBERSHIP LIABILITY
Section 1. With reference to Article XI of the Post Constitution, all members will understand fully that they may be personally liable depending upon applicable German Law if the assets of this Post are insufficient to discharge the liabilities of this Post.
Section 2. All members of John Wayne Post # 79, Heilbronn, Germany,The American Legion, The Department of France shall be required to read these Constitution and By-Laws as a condition of membership.
ARTICLE XVIII AMENDMENTS AND REVIEW
Section 1. These By-Laws may be amended at any General Membership Meeting by a two-thirds (2/3) vote of the members present, provided that the proposed amendment shall have been submitted in writing and read at the preceding General Membership Meeting, and provided further that written notice shall have been given all members at least thirty (30) days in advance of the date when such amendment is to be voted upon, notifying them that at such meeting a proposal to amend these By-Laws is to be voted upon.
Section 2. An annual review of the Post Constitution and By-Laws will be conducted by the Judge Advocate prior to the May General Membership meeting. Or upon receipt of notice from the Department of France that a change(s) to the Department or National Constitution and/or By-Laws has been enacted which places those documents of this Post in conflict.
Approved by Majority Vote on:______8 June 02_______________________
SIGNATURE OF COMMANDER
SIGNATURE OF OTHER POST OFFICER