POST CONSTITUTION
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Post Constitution

 

THE AMERICAN LEGION

DEPARTMENT OF FRANCE

JOHN WAYNE POST 79

HEILBRONN, GERMANY

 

CONSTITUTION

 

PREAMBLE  

For God and Country, we associate ourselves together for the following purpose: 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 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.

 

ARTICLE I - NAME

Section 1. The name of this organization shall be JOHN WAYNE POST 79, Department of France, The American Legion

Section 2. John Wayne Post 79 is located at Heilbronn, Germany and is registered as a German Verein.

 

ARTICLE II - NATURE

Section 1. John Wayne Post 79 is a civilian organization; membership therein does not affect nor increase liability for military or police service. Rank does not exist in the Legion; no member shall be addressed by his military or naval title in any convention or meeting of the Legion. . Each member shall be addressed as “comrade” at Post meetings, or as may be prescribed in the By-Laws. The objects and purpose of this Post shall be to promote the principles and policies as set forth in the foregoing Preamble, and the National and Department Constitutions of the American Legion.

Section 2. John Wayne Post 79 shall be absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment. This Post activities shall be conducted on a non-profit basis as an veterans organization in support of the American Legion National, Department, and post programs.  

 

ARTICLE III - ORGANIZATION

Section 1. John Wayne Post 79 is organized in accordance with (IAW) the guidance of The American Legion National Headquarters. IAW Article III of American Legion National Constitution, this post functions under the American Legion, Department of France.

Section 2. The objects and purpose of this Post shall be to promote the principles and policies as set forth in the foregoing Preamble, and the National and Department Constitutions of the American Legion.

Section 3. This Post activity shall be conducted on a non-profit basis as a veteran’s organization in support of the American Legion National, Department, and post programs.  

 

        

ARTICLE IV – MEMBERSHIP ELIGIBILITY

Section 1. Any person shall be eligible for membership in the American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard, or Air Force of the United States and assigned to active duty at sometime during any of the periods prescribed by the National Headquarters of the American Legion, or who, being a citizen of the United States at the time of his entry therein, served on active duty in the armed forces of any of the governments associated with the United States during any of the prescribed periods; provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said service periods; provided, further, that no person shall be entitled to membership who, being in such service during any of the prescribed periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.

Section 2. There shall be no form or class of membership except an active membership, and dues are annual or paid up for life. National and Department does not recognize associate or honorary memberships.

Section 3. No person may be a member at any one time of more than one post.

Section 4. No person who has been expelled by a post, shall be admitted to membership in another post without the consent of the expelling post, except that where such consent has been asked for and denied by such post, he/she may then appeal to the Executive Committee of the Department of France for permission to be admitted to membership in another post, and shall be ineligible for membership until such permission is granted.

Section 5. Eligibility for membership shall not be restricted in any manner with regard to race, color, religion, sex, creed, national or ethnic origin, or mental or physical handicap.

Section 6. To withdraw his or her membership, the member needs only not to pay his or her annual dues. No official withdraw application is required.

Section 7. Guests may attend regular meetings and must sign the “Guest Register.” Guests may not participate in the official meeting or ceremonies.

 

ARTICLE V – NATIONAL CONVENTIONS

Section 1. The legislative body of the American Legion shall be the National Convention, except as otherwise provided in the Constitution and By-Laws.

Section 2. The time and place of the National Convention shall be determined by the National Executive Committee, which shall have authority to change such time and place for sufficient reasons to it appearing.

Section 3. In the National Convention each Department shall be entitled to five delegates and one additional delegate for each 1000 members, or major fraction thereof, whose current dues have been received by the National Treasurer 30 days prior to the meeting of said convention, and whose registration fees, as fixed by the National Executive committee, for its total authorized delegate strength, have been p[aid; and to one alternate for each delegate. The delegates shall be chosen not less than two weeks before the National Convention at Department Conventions or in any other manner specified by the Department Constitution.

Section 4. Each duly registered delegate shall be entitled to one vote. The vote of any registered delegate absent and not represented by an alternate shall be cast by the majority of the registered delegates present from his Department. Alternates for registered delegates shall have all the privileges of registered delegates, except that of voting. A registered delegate is one who has received his credentials after his registration fee has been paid.

Section 5. A quorum shall exist at a National Convention when sixty percent of the Departments are represented as provided above.

Section 6. The National Executive Committee shall provide a Uniform Code of Procedures for the orderly organization and operation of National Conventions with the continuing power of revision, and said Code shall be applicable at all National Conventions unless it is amended, suspended, or repealed by a majority vote of the total authorized representation at a National Convention.

  

ARTICLE VI & VII – POST OFFICERS AND EXECUTIVE COMMITTEE MEMBERS

Section 1. The administrative affairs of this Post of the American Legion shall, except as may otherwise be provided in the By-Laws, be under the supervision of an Executive Committee which shall consist 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 Chairman as provided for in Articles II and IV and VII of the Post By- Laws. The term of office for members of the Executive Committee shall be prescribed in Article V, Section 9 of the Post Constitution and Article IV, Section 4 of the Post By-Laws.

Section 2. The Officers of this Post shall be Commander, 1st Vice Commander, 2nd Vice Commander, Finance Officer, Service Officer, Chaplain, Historian, Judge Advocate, and Sergeant-at-Arms, with such other officers as may be deemed necessary by this organization, including the Adjutant, to be provided for in the By-Laws.

Section 3. The term of office for elected and appointed Post officers shall become effective following the closing of the elections in the month of March at which they were elected or appointed and shall continue for one (1) year or until their successors have been elected or appointed and shall hold that office until the next election meeting and installation, or as may otherwise be provided reference Article XIII, Section 1 By-Laws.

Section 4. Any member in good standing of this Post shall be eligible to hold office in this Post, except as otherwise provided in Article II, Section 4 of the By- Laws.

Section 5. A quorum shall be at least ten (10) percent of membership on the floor present and voting.

Section 6. Only eligible members present on the floor at the election meeting can vote for new Officers. Absentee or proxy votes are not allowed. 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 months or must have attended at least one (1) Post General Membership Meeting during the previous year. Further, no member may exercise more than one (1) vote at any Executive Committee or General Membership meeting, where qualified to vote.

Section 7. Should an officer, elected or appointed, be unable to continue to perform his duties, because of transfer or other reasons, the Post Commander will appoint a replacement to fill that position until another Officer is elected at the next Post election. 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 until the next Post elections. Should the 1st Vice Commander be unable or unwilling to assume the position of Post Commander, a special Post election will be held at the next upcoming General Membership Meeting.

Section 8. All Past Commanders of this Post will be life members to the Executive Committee with voice and vote.

Section 9. The term of office of voting members of Executive Committee shall be while they are serving the office to which they are elected.

 

ARTICLE VIII – DEPARTMENT ORGANIZATION

Section 1. Departments shall be charted by the National Executive Committee and shall be composed of the Posts within their respective areas, and such other Posts as the National Executive Committee may approve. And Departments will be organized and operated IAW the guidance as set forth in the National Constitution.

 

ARTICLE IX – POST ORGANIZATION

Section1. John Wayne Post GR79 requested and was issued a permanent charter in the American Legion under the Department of France.

Section 2. Since chartered, this post has maintained the minimum membership IAW the requirements of the Executive Committee, Department of France.

Section 3. This post was named IAW requirements of the National Constitution, after a deceased person, John Wayne.

Section 4. This post was recognized and confirmed by the National Executive Committee. John Wayne Post GR79 shall uphold the declared principles of The American Legion and shall conform to and abide by the regulations and decisions of the Department and the National Executive Committee, or other duly constituted national governing body of the American Legion.

Section 5. This Post was permanently chartered after serving a required probationary period.

Section 6. John Wayne Post GR79 maintains a properly signed charter.

Section 7. John Wayne Post GR79 Constitution Is developed in accordance with the requirements of the Department of France.

 

ARTICLE X - FINANCE

Section 1. The revenues of this Post shall be derived from annual membership dues and from other sources as may be approved by the Post Executive Committee. Organizations supported will be National, Department, and Post programs.

Section 2. The amount of annual dues shall be determined by the Executive Committee, subject to the approval of the Post. Present annual dues are $25.00 per year. Other sources of income will be from fines levied by the Sergeant-at-Arms during monthly meetings, National Emblem Sales, other major fund-raising activities, and donations.

Section 3. The Post shall pay to Department Headquarters the National and Department annual membership dues for every member of the Post for the current year. Dues are payable by October 20th in advance for the next year.

Section 4. A single-entry accounting system will be used to record assets and liabilities. Audits must be conducted in accordance with (IAW) the Department of France Constitution or as procedures established in the Post By-Laws.

Section 5. The Post members handling John Wayne Post 79 funds 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 Post members to bring about a speedy and complete settlement. Bonded Post members must be approved the Post Executive Committee, or the Department may delegate, designate, or direct the appointed of bonded members when required.

Section 6. An annual audit will be performed on the financial statements and documents of John Wayne Post 79 by an audit committee of not less than three members of the Post. They shall be appointed by the Commander and approved by the Post Executive Committee or by a certified accountant every year as required by Department and this Post By-Laws. The auditors shall perform the audit to obtain reasonable assurance about whether the financial statements and accompanying financial documents are free of material misstatements for the previous year. They will prepare a report of recommendations, when required, to be presented to the Post Executive Committee. A copy of the audit, to include total expenses and income generated as a result of the previous year’s operations, shall be provided to the Department of France.

 

ARTICLE XI – DISCIPLINE

 

ARTICLE XII – CHANGE OF RESIDENCE

 

ARTICLE XIII – AUXILIARIES

Section 1. Charter Members - Members who joined this Post prior to 17 August 1975 shall be known as Charter Members.

Section 2. American Legion Auxiliary - This Post recognizes an auxiliary organization to be known as John Wayne Post Auxiliary Unit 79, Heilbronn, Germany, the American Legion.

Section 3. Sons of The American Legion (SAL) - This Post recognizes a subsidiary organization to be known as the SAL Squadron of John Wayne Post 79, Heilbronn, Germany, The American Legion.

 

ARTICLE XIV – RATIFICATION

 

ARTICLE XV - AMENDMENTS

Section 1. This Constitution may be amended at any regular or special Post membership meeting by a vote of two-thirds (2/3) of the members attending and voting. Provided that the proposed amendment shall have been submitted in writing, read at the preceding meeting of the Post, provided further that written notice, via normal post, shall have been given to all Post members at least Thirty (30) days in advance of the date when such amendment is to be voted upon, and notifying members that at such meeting, date, time and place to also be contained there-in, and that a proposal to amend this Constitution is to be voted upon.

Section 2. Two (2) copies of all amendments to this Constitution shall be forwarded to The Department of France and the Approving Authority; after formal approval by the Department of France Judge Advocate and as envisioned by the Department of France Constitution, Art. X, Sections 8 & 9.

 

ARTICLE XVI – MANDATORY STATEMENTS

Section 1. This Verein is established according to Amtsgericht Registergericht, Wilhelmstr. 26, 74072 Heilbronn, enacted on 1 August 2000.

Section 2. The Approving Authority, which can terminate the status of this Post as a Private Verein, must notify the Executive Committee of the Department of France, to suspend, cancel, or revoke this Post’s Charter, in the event of an unresolved complaint of irregularities in the operation of this Post.

Section 3. A majority vote, Ninety (90 %), of the general membership of this Post, at a meeting called for the announced special purpose, may request the Department of France, the American Legion, to dissolve John Wayne Post 79, IAW the Department of France Constitution.                  

 

 

Approved by majority vote on _October 9, 2016__________.

 

Original Signed By

Donald Chamberlin, 9.10. 2016

SIGNATURE OF COMMANDER

 

Original Signed By

Ross Shephard III, 9.10.2016

SIGNATURE OF POST OFFICER

 

 

 

           

ARTICLE X - SAVING CLAUSE

 

This Constitution is a standard Post Constitution prescribed by the Constitution of the American Legion, Department of France, and adopted subject to the provisions of the National Constitution of the American Legion. Any amendment to said National or Department Constitutions which is in conflict with any provision hereof, this Post Constitution must be modified or amended.

 

ARTICLE XI - LIABILITY

 

Section 1. This Post shall not incur, nor cause to be incurred, any liability or obligation whatever which shall subject to liability any other Post, subdivision, group of men, members of the American Legion, or any other individuals, corporations, or organizations.

 

Section 2. Financial responsibility incurred by this Post may ultimately result in personal financial responsibility to members if this Post fails to properly discharge its obligations, even though the Post meanwhile may have been re-designated or dissolved. Members, according to host nation laws, may be personally liable to creditors if the assets of this Post are insufficient to discharge liabilities.

 

Section 3. Dissolution of this Post may be accomplished by a majority vote of the general membership. In the event it becomes necessary to discontinue or dissolve John Wayne Post 79, it shall be the responsibility of the Post Commander to notify the Department.

 

Section 4. This Verein is not an instrumentality of the United States of America.

 




FOR GOD AND COUNTRY