THE AMERICAN LEGION
DEPARTMENT OF FRANCE
JOHN WAYNE POST # 79
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, Heilbronn, Germany, The American Legion, Department of France.
Section 2. John Wayne Post GR79 is located at Heilbronn, Germany and is operated as a Private Organization within the within the Heidelberg Military Community, within the jurisdiction of the 26TH Area Support Group Commander as its Approving Authority.
ARTICLE II - OBJECTS
Section 1. 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. This Post will not engage in activities that compete with those of any appropriated fund or nonappropriated (NAF) activities.
Section 2. The American Legion activities of this Post shall be conducted on a non-profit basis as a social welfare Veteran's Organization.
ARTICLE III - NATURE
Section 1. This Post is a civilian organization and membership therein does not effect or increase liability for military or police service.
Section 2. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public or preferment.
Section 3. Rank does not exist in the American Legion; no member shall be addressed by his or her military or naval title during any meeting of this Post. Each member shall be addressed as "Comrade" at Post meetings, or as may be prescribed in the By-Laws.
ARTICLE IV - MEMBERSHIP
Section 1. There shall be no form or class of membership except an active membership, and dues shall be paid annually or for life. There are no associate or honorary memberships. At least fifty-one percent (51%) of the membership must be identification (ID) cardholders.
Section 2. 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 goverments 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 3. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Committee.
Section 4. All applications for membership shall be acted upon at the next Post meeting following the making of such applications and shall at such meeting be accepted, rejected or referred for further investigation and consideration, or as may otherwise be provided in the By- Laws.
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 need 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 - OFFICERS
Section 1. The administrative affairs of this Post of the American Legion shall, execpt 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 3 of the Post Constitution and Article IV, Section 4 of the Post By-Laws.
Section 2. The Officers of this Post shall be a Commander, a 1st Vice Commander, a 2nd Vice Commander, a Finance Officer, a Post Service Officer, a Chaplain, a Historian, a Judge Advocate, and a 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. The Commander or Vice Commander must be an ID cardholder and the Finance Officer will be an ID cardholder if the Post operates a military banking facility.
Section 3. Post Officers shall be elected annually in the month of March and shall hold office until their successors are duly installed or as may otherwise be provided in the By-Laws (see 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 present and voting.
Section 6. Only eligible members present 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. Futher, 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 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, but no vote; except the Immediate Past Commander will have a vote on the Executive Committee.
ARTICLE VI - 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 or Post Executive Committee. Organizations supported by John Wayne Post # 79, Heilbronn, Germany, The American Legion, will be Boy Scouts and Cub Scout organizations Heidelberg Military Community.
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 .00 per year or .00 for those members taking advantage of the Early Bird program. 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. The Post shall, annually, file the proper returns with the U.S. Internal Revenue Service with a copy to be forwarded to Department Headquarters as provided for in the Department Constitution and By-Laws.
Section 5. 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 or as procedures established in the By-Laws.
Section 6. 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 7. 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 Auditors duties shall be to audit the financial statements of John Wayne Post # 79 for the previous year and prepare a report a 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 VII - CHARTER MEMBERS
Section 1. Members who joined this Post prior to 17 August 1975 shall be known as Charter Members.
ARTICLE VIII - AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an auxiliary organization to be known as John Wayne Post Auxiliary Unit # 79, Heilbronn, Germany,The American Legion.
ARTICLE IX - SONS OF THE AMERICAN LEGION (SAL)
Section 1. This Post recognizes a subsidiary organization to be known as the SAL Squadron of John Wayne Post # 79, Heilbronn, Germany, The American Legion.
ARTICLE X - SAVING CLAUSE
Section 1. 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 Constitution or Department Constitution which is in conflict with any provision hereof shall automatically repeal or modify the provision of this Constitution to the full extent of such conflict.
ARTICLE XI - LIABILITY
Section 1. This Post shall 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 it's obligations, even though the Post meanwhile may have been redesignated 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. Neither Department of the Army or the United States Army Europe will assume any responsibility for the debts of this private organization.
Section 3. Dissolution of this Post may be accomplished by a majority vote of the general membership or by order of the Commander, 26th Area Support Group, Heidelberg, Germany, APO AE 09102. In the event it becomes necessary to discontinue or dissolve the American Legion in Heilbronn, it shall be the duty of the Commander, John Wayne Post # 79 or Vice Commander and Finance Officer to request through Department of France authority to join/become a private organization in a military community other than Heidelberg and authority for the civil registration of this Post to Vereins-Register Geschftsstelle Amtsgerichts, Heilbronn, Germany.
Section 4. This Private Organization is not an instrumentality of the United States, will be self-sustaining, and may not receive financial assistance from the U.S. Army or NAF's.
ARTICLE XII - 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 XIII MANDATORY STATEMENTS
Section 1. This organization is established according to DODI 1000.15 and USAREUR Private Organizations and Fundraising Policy Memorandum, 28 July 2000.
Section 2. This organization is not an instrumentality of the United States, will be self-sustaining and may not receive financial assistance from the Department of the Army or any NAF activity. This organization will not duplicate or compete with a NAAF or APF operation.
Section 3. Neither the Department of the Army, nor the United States Army, Europe, (USAREUR) will assume any responsibility for this organization's debts.
Section 4. The Approving Authority, which can terminate the status of this Post as a Private Organization (PO), may petition the Executive Committee of the Department of France, The American Legion, to suspend, cancel, or revoke this Post's Charter in the event of an unresolved complaint of irregularities in the operation of this Post, IAW By-Laws of the Department of France.
Section 5. 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 GR79, IAW the Department of France Constitution.
Approved by majority vote on ____8 June 02________.
(SIGNATURE OF COMMANDER )
(SIGNATURE OF OTHER POST OFFICER)
5/29/17 9:41:02 am