American Legion Post 155
Section 1. The post existing under these By-Laws is to be known as the Naples-Casco-Raymond Post No. 155
Section 2. The object of this post is set forth in the Constitution.
Section 1. The government and management of the post are entrusted to an Executive Committee.
Section 2. The Executive Committee shall consist of the Post Officers plus Three (3), voting members at large, one from the SAL, one from the Legion Riders and one from the Ladies Aux.
Section 3. All vacancies existing in the Executive Committee, or in any office of the post from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the committee, and a person so appointed shall hold office for the unexpired term of the committee of officer whom he/she succeeds. A vacancy shall exist when a member or officer is absent from their post for three (3) consecutive meetings, without a valid excuse.
Section 1. The post Executive Committee shall meet for organization and such other business as may come before it at the call of the post commander within ten (10) days after the installation of the new officers. Thereafter the post Executive Committee shall meet at the call of the Commander at least every month, on the third Tuesday of the month and as often as said Commander may deem necessary. The Commander shall call a meeting of the post Executive Committee upon the joint written request of three (3) or more members of said post Executive Committee; five (5) members of the committee shall constitute a quorum thereof. A Notice posted in the weekly newspaper, electronic media, website, phone call or posted on the Legion bulletin board shall constitute notice of called Executive Board meetings.
Section 2. The post Executive Committee shall hire such employees as may be necessary; shall authorize and approve expenditures, in additional to those approved by the House Committee ; shall require adequate bonds for all persons having the custody of post funds; shall hear reports of post committee chairmen; shall fulfill their duties in the procedure in the expulsion or suspension of a member of this post; and generally, shall have charge of and be responsible for the management of the affairs of this post. For all legal matters or question requiring a legal opinion the Executive Board should request the advice of an attorney.
Section 3. Between regular meetings of the post, the Executive Committee shall be authorized to transact any business of the post which requires immediate action and cannot be delayed until the next regular meeting. The Executive Board shall have the Post financial records audit at least once a year or as deemed necessary by post membership.
Duties of Officers
Section 1. Post Commander.
It shall be the duty of the Post Commander to preside at all meetings of the post and to have general supervision over the business and affairs of the post. Such officer shall be Chief Executive Officer of the post, shall be chairman of the Executive Committee and shall be Ex-officio member of all committees of the post, unless otherwise specified in the Constitution and B-Laws. He/She shall perform such duties as are allocated to him under the provisions of the constitution and by-Laws of the post, and such other duties as directed by the post.
Section 2. First Vice Commander
The first Vice Commander shall assume and discharge the duties of the office of Commander in the absence or disability of, or when called upon by the post Commander. He/She shall have charge of all matters pertaining to the membership of the post, including the procuring of new members, reinstatement and eligibility of members.
Section 3. Second Vice Commander
To assist Post Commander as necessary.
Section 4. Adjutant.
The Adjutant shall have charge of, and keep a full and correct record of all proceedings of all Post and Executive Committee meetings, keep such records as the department and national organization may require, handle all correspondence of the post under the direction of the Commander, maintain a mailing list, prepare and distribute any official orders, announcements and instructions, have custody of all post records.
Section 5. Finance Officer.
The Finance Officer of the post shall be responsible and accountable for all finances of the post in his/her care and shall see that they are safely deposited in some local bank or banks. He/she shall report at each regular meeting of the post the conditions of the finances of the post. He/she shall prepare and present to the Post, not later than the Post meeting in October a budget showing the estimate income and expenditures of the Post, for the Legion fiscal year. The proposed budget shall be presented to the Post for consideration and action, when accepted in final form; it shall be a guide for the expenditures of the Post for the year. He/she shall sign checks disbursing the monies of the post. He/she shall present his/her books to too be audited, at the request of the Executive Board. He/she shall be bonded in such sum as shall be fixed by the post Executive Committee.
Section 6. Historian.
The Historian shall be charged with the individual records and incidents of the post and post members, and shall preform such other duties as may properly pertain to the office, as may be determined by the post or the Executive Committee.
Section 7. Chaplin.
The Chaplin shall be charged with the spiritual welfare of the post comrades and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc., adhere to such ceremonial rituals are recommended by the national or department headquarters from time to time.
Section 8. Sergeant-at-Arms.
The Sergeant-at-Arms shall supervise the registration of members attending all post meetings, shall introduce visitors, shall allow no unauthorized persons to enter the meeting hall, shall preserve order at all meetings, shall be custodian of the Colors, and shall preform such other duties as may be from time to time assigned to him/her by the Commander or post Executive Committee.
Section 9. Service Officer
The Service Officer shall be responsible for maintaining contacts with all post members, and such veterans recommended to his/her attentions, as may need such assistance as may be available from this post. When financial assistance appears necessary in his/her judgement he/she may request funds from the Executive BD, under limitations and procedure as set forth in the constitution and by-laws. He/she shall be sufficiently cognizant of the government accepted obligation to service men and woman of the World Wars, as well as their dependents, that, in the matters of compensation, medical treatment, pensions, specified allowances in case of death, civil service preference, and other such obligations, he/she may personally assist or advise members of this post and other veterans as to the necessary procedures, or may refer them to the proper bureaus or agencies for assistance.
Section 10. Americanization Officer
These duties will fall under the First Vice Commander
Section 1. Delegates and Alternates to department Convention shall be elected by the Post at the first regular meeting in May, unless the Department Convention is held prior to that date, in which case, the Delegates and Alternates will be elected at the regular meeting preceding the convention. The Commander shall be a delegate by the authority of his office, and shall be chairman of the delegation at the annual Department Convention.
Section 2. Nomination for Delegates and Alternates will be made from the Floor of the Post in any number that may be desired. The names of nominees will appear on the Ballot of the first regular meeting in May, unless the election of delegates is necessary at an earlier date, as provided in section 1, and then in such order as may be determined by lot or drawing. The votes received by each individual will be recorded and those receiving the highest totals, sufficient to fill vacancies for the required number of delegates authorized, will be declared delegates, those receiving the next highest totals of votes cast sufficient to fill vacancies will be declared Alternates.
Section 1. House Committee
The House Committee shall consist of five (3) members, which are appointed by the Executive BD on the first meeting in January of each year This committee shall have supervision of the Post Home, shall maintain a perpetual inventory of all furnishings and equipment owned by the Post, shall make all necessary and reasonable rules and regulations for the government and administration of the same, subject always to the will of the Post and Executive BD, shall have the authority to employ and discharge a Facility Manager and other employees, as deemed necessary for the operation of the post, terms of this employment to be subject to the approval of the Post. This committee shall appoint its own chairman. This committee shall meet each month or as deemed necessary and shall report to the next regular meeting of the Executive Bd any action that shall be taken by the committee, and the number of members present. The House Committee through, the Facility Manager, shall have the authority to pay the facility employee’s, bill, maintenance cost and spend up to two thousand ($2000.00) on capital expenditures without prior Executive Board approval.
Section 2. Nominating Committee.
At the first regular meeting in January of each year, a Nominating Committee consisting of one to three (1-3) members shall be elected by the Post to prepare a list of nominees for the various officers and committees of the Post for the ensuing year, consisting of not more than three (3) nominees for any one office. Such list of nominees shall be presented to the Post at the last regular meeting of the Post in Feb and March, at which time said list of nominees may be added to from the floor, and the list of nominees, with such additions, as it stands at the close of first regular meeting in March, shall be the official list of nominees to be placed upon the official ballot of the annual election of officers at the annual meeting of the Post at the last regular meeting in April
Section 3. Memorial Committee.
This Committee of three (3) members shall record the location of graves of all deceased Post Members and all veterans of World Wars I and II, Korea and Vietnam buried in Naples-Casco-Raymond cemeteries, or other such cemeteries as may be allocated to the Post, shall contact the proper authorities who care for graves of out deceased members buried in other cemeteries to insure proper care, shall place Legion markers on all gravies of members, and prior to Memorial Day, shall place flags or other decorations on all graves for which and will remove flags thirty (30) days after Memorial Day. The members of this committee hold permanent appointments. Should it become necessary, this committee may be enlarged by the vote of the Executive Committee. Vacancies in and authorized additional members of this committee shall be filled by the appointment of the Commander.
Section 4. Bingo Committee
This committee shall be responsible for the operation and affairs of Legion Bingo. The Chairperson shall enlist as many people as needed for the operation of Bingo games and procure needed prizes and material required for Bingo operations. The Bingo chairperson will be allowed to withhold up to $1400.00 weekly from bingo funds for weekly operation and the remaining will be deposited on a weekly bases to a Legion Bingo Checking account.
The chairperson shall be responsible for applying for needed bingo licenses and submitting monthly reports to the State of Maine and a copy to the Executive Board.
Section 1. The Post Commander, immediately upon taking office each year, shall appoint the following standing committees; House, in January, and any committee deemed necessary during his/her elected year.
Section 2. Juvenile Welfare Committee
These duties already fall under the Service Officer
Section 3. Constitution and By-Laws Committee.
The Constitution and By-Laws Committee shall consist of not more than four (4) members, members shall be appointed by the Commander of this Post immediately after the adoption of these By-Laws. This committee shall be charged with keeping one set of the Constitution and By-Laws of this Post in such order that the committee shall, at all times, be cognizant of the exact terminology of the Constitution and By-laws, inserting at the proper article and section any changes that may be adopted by the Post from time to time. It shall act in an advisory capacity that no inconsistencies or incorrect terminology may be incorporated on the occasion of any amendment, and shall, upon request of the Commander, compose and adjust to any articles and/or sections of the Constitution and/or By-Laws and generally proposed amendments, submitting same to the Post Membership at a definite regular meeting of the Post established in the required notice to the entire membership of this provisions proposed and /or actual amendments of the National Constitutions and By-Laws of the American Legion and of the Constitution and By-Laws of the Maine Department. The American Legion, and shall have then in such file or other arrangement that they shall be readily available for information. This committee is also charged with maintaining a record of any methods of procedure voted by the Post and being prepared to advise the Commander in regard to the same time.
Section 4. Auditing Committee
As may be directed by the Commander or Executive Committee. It shall submit a report at the last regular meeting in May, of its audit of the Post funds or at such other times as may be required.
Section 1. There shall not be contracted any bill or financial long term obligation in the name of the Post, by any member, individuals, unless said bill or financial obligation has been approved by the vote of the Post or has received prior approval of a majority members of the Executive Board
Section 2. No bills other than necessary current Post expenses, State and National Dues, are to be paid by the Finance Officer or Facility Manager without submission to and approval of two (2) members of the Executive Board or House Committee.
Section 3. It shall be the duty of any officer and/or committee chairman, and specified in Section 5, to collect all statements covering charges against this Post in connection with special work or project under the direction of any such officer and /or committee chairman, to indicate approval of payment of same by signature, and to deliver same to the Finance Officer for further procedure of approval and payment.
Section 4. Each officer of this Post responsible for committee work, each chairman of any standing committee, and each chairman of any special committee, shall inform all committee members associated with him/her in any project involving the disbursement of Post Funds that no member of this Post is authorized to commit this Post to any financial responsibility without proper authorization of the Post, and further that each committee chairman and/or officer is responsible for the accumulation and approval of each and every financial statement charged to this post in connection with the special work or project of the particular committee under his/her direction.
Section 1. All resolutions of State or National Legion scope presented to this Post by a member or reported to this Post by a committee shall merely embody the opinion of this Post on this subject an copy of same shall be forwarded to the Department Headquarters before any publicity is given or action other than more passage by the Post is taken.
Section 1. The regular meetings of the Post shall be held at the Post Home on the first Tuesday of each month, at which may be transacted such business as may be properly brought up for action
Section 2. The date of a future regular meeting may be changed to another specified date, or the date of a regular meeting may be waived by an affirmative vote of two-thirds of all members attending and voting at any regular meeting of the Post.
Section 3. The Post Commander or a majority of the Executive Board shall have
the power to call a special meeting of the Post at any time.
Section 4. Upon the written request of ten (5) members of this Post, the Executive Committee shall call a special meeting of the Post.
Section 5. The last regular meeting in April shall be the annual meeting for the election of officers and for other business designated for transaction at the annual meeting, All newly elected Officers shall be Installed in the month of May and assume their office responsibilities after being Installed. Out going officers shall train the new incoming officers, Ref. their duties, paperwork, responsibilities as needed & requested by the incoming officers.
Rules of Order
Section 1. All proceedings of this Post shall be conducted under, and pursuant to, Roberts’ rules of order, except as herein otherwise provided.
Rules and Regulations
Section 1. The Post at any regular meeting may create or adopt rules and regulations, not inconsistent with the Constitution of the Post, to be properly conduct and carry on its business and especially to govern the proper use of the Post Home.
Section 1. Any unit and/or activity attached to or affiliated with the Post, except the Auxiliary, shall annually render full report of its or their funds and properties and in the event that any such unit and/or activity shall cease to exist for any reason, the than remaining funds and other assets of said unit and/or activity shall become property of the Post unless distribution of any assets are made by the unit prior to de-activation and notice of such distribution made to the Post in writing.
Section 1. These By-Laws may be amended at any regular meeting of the Post by a vote of two-thirds of the members of this said Post attending such regular meeting provided that the proposed amendment shall have been submitted in writing signed by five (5) members of the Post in good standing, shall have been referred to the Standing Committee of the Constitution and
By-Laws, and shall have been read at the next regular meeting of the said Post and provided further, that notice shall have been given to all Post members at least five (5) days in advance of the date when such amendment is to be voted upon,. Notifying said members that a date, when said amendment is to be voted upon, may be performed by posting a notice in the local paper and in house Bulletin Board.
Contracts with outside Promoters
Section 1. This Post shall not enter into any contract with any outside promoter in connection with any activity which may involve any kind of liability, unless said outsider promoter shall furnish bond of proof of financial responsibility sufficient to cover any such liability. This Article does not pertain to music band.
Section 1. All prior By-Laws and Amendments thereto are revoked and shall become null and void as of effective date of these By-Laws, which is declared to be the adjournment of the regular meeting of the Post.
Section 1a. The Facility manager will operate totally and completely all bar and function hall affairs. This person will be the keeper of the books of the facility and to have the books reviewed and audited by individuals so appointed by the Executive Board. Duties will include filing for all liquor, state and local licenses for the bar and function hall. A financial report is to be provided before each Legion meeting, to the Commander, Finance Officer and reviewed by the House Committee.
Section 1b. The Facility Manager will be responsible to file for all licenses and permits for games of chance. The facility will follow all rules and regulations governed by the State of Maine and Maine Gaming Commission. The Facility Manager will be responsible for meeting with the vendors to distribute funds from gaming machines. Only two keys allowing access to the gaming and ATM machine may be available, one to the Facility Manager and one will be locked up in a Legion Safe.
Section 2. The Facility Manager has a chain of command, the House Committee, consisting of a chairman and two members from the floor. They will meet as often as they deem necessary. The House Committee will in turn answer to the Executive Board about questions or concerns that arise.
Section 3. The procedure for any complaints brought against the bar or function hall will first go through the Facility Manager, secondly the House Committee and third the Executive Board. No bar business will be presented at a Legion, SAL, AUX or Riders meeting without first following the chain of command.
Section 4. The Bar is designated for its members and guest. Members include Legion, SAL, AUX and Riders members.
Section 5. Each section of the Legion (Legion, SAL, Riders, and Aux) will conduct their own meetings and the Facility Manager, if invited may attend any or all those meetings. No other member of any of these section will be allowed to attend a meeting of another unit without an invitation by its Commander or President.
Section 6. All references to Bar/or Function Hall Manager will mean the same as Facility Manager.
Section 7. The General Public maybe allowed to use the facilities of the American Legion Post 155 as Guest. As Guest they are not allowed to hold a position of any office or have the right to vote on any Legion matters. They shall adhere to all American Legion Post 155 Rules and regulations and be subject to disciplinary action as set forth by the Executive Board or House Committee of the American Legion.