Constitution and Bylaws
Office of Department Adjutant
THE AMERICAN LEGION, Department of Texas
1624 East Anderson Lane
Austin, TX 78752
PH: 512/472-4138 txlegion.org
FAX: 512/472-0603 [email protected]
July 16, 2017
The American Legion P.533
PO Box 717
Enclosed please find the Constitution and By-Laws for the American Legion James H. Perkins Post 533, The American Legion, Department of Texas, as approved by the Department Executive Committee on July 16, 2017.
If you have any questions, please feel free to call me.
"Still Serving America"
CC: Bryan D. Coleman,
Department Judge Advocate
Enclosure: Approved Constitution & By-Laws
JAMES H. PERKINS POST NO. 533
AMERICAN LEGION BASTROP, TEXAS
For God and Country, we associate ourselves together for the following purposes: 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 James H. Perkins Post No. 533, The American Legion.
ARTICLE II -- PURPOSE
Section 1. The objects and purposes 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.
ARTICLE III -- NATURE
Section 1. This Post is a civilian organization and membership therein does not affect or increase liability for military or police service.
Section 2. James H. Perkins Post No. 533, The American Legion, Department of Texas, 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.
Section 3. Rank does not exist in The American Legion; no member shall be addressed by his/her military or naval title in any meeting of this Post.
ARTICLE IV -- ELIGIBILITY AND MEMBERSHIP
Section 1. An individual is eligible for membership in The American Legion only if the individual - (1) has served in the Armed Forces of (A) the United States at any time during - (i) the period of April 6th, 1917 through November 11, 1918: or (ii) any time after December 7th, 1941: or (B) a government associated with the United States Government during a period or time referred to in subsection (A) of this section and was a citizen of the United States when the individual entered that service; and (2) was honorably discharged or separated from that service or continues to serve honorably during or after that period of time; provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably during or after of any said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject themselves to military discipline or unqualified service.
Section 2. There shall be no form or class of membership except active membership. Membership shall be only through a Post, and dues shall be paid annually or for life.
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 and transfers into this Post shall be acted upon at the next Post General Membership Meeting following the making of such application or transfer, and shall, at such meeting, be accepted, rejected or referred for further investigation and consideration. If a majority of the members present at the Post General Membership Meeting should cast their vote against the acceptance of such application, then such application shall be recorded as rejected.
Section 5. No person may be a member at any one time of more than one Post in The American Legion.
Section 6. 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 denied by such Post, he/she may then appeal to the Executive Committee of the department of the expelling Post for permission to be admitted to membership in another Post, and shall be ineligible for membership until such permission is granted.
Section 7. Each Post shall be the judge of its own membership, subject only to the restrictions of the National and Department Constitution and By-Laws.
Section 8. Transfers: Any member in good standing, to include members of Headquarters Post 345, moving or transferring to a Post near their home shall be transferred using The American Legion Member Data Form, completed by the new Post, without additional payment of dues. The new Post shall be the judge of its own membership in accordance with National and Department of Texas Constitution and Bylaws. Dues already paid shall remain with the original Post and the transfer shall be complete upon issue of a new membership card
Section 9. A member of this Post may only be disciplined in accordance with the Department Uniform Code of Procedure and Supplement 1.
Section 10. If a member is expelled in a disciplinary proceeding, his/her membership is suspended until his/her final appeal is heard and a decision is rendered, and if he/she is expelled by the decision, he/she shall not be eligible for membership in this Post for one year from the date of expulsion, and then only in the event his/her application for reinstatement is approved in the manner in which memberships are approved in this Post.
Section 11. Members found to be ineligible: If a Post determines one of its members is not eligible for membership, the Post shall notify the Department Adjutant at once in writing so that his/her name can be forwarded to the National Headquarters for removal from the membership rolls. It shall be presumed that a member who will not furnish proof of eligibility within thirty (30) days of a written request, certified mail, return receipt requested is not eligible for membership in The American Legion.
ARTICLE V -- OFFICERS
Section 1. The administrative affairs of this Post of The American Legion shall, except as may be otherwise provided by the By-Laws, be under the supervision of a Post Executive Committee. The Executive Committee shall consist of the elected Officers of the Post, the last Commander of the Post and two (2) members from the General Membership appointed by the newly elected Commander. The term of office of members of the Post Executive Committee shall be for one (l) year. This Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.
Section 2. The Officers of this Post shall be a Commander, a First Vice Commander, a Second Vice Commander, an Adjutant, a Finance Officer, a Judge Advocate, a Historian, a Chaplain, a Sergeant at Arms, and a Service Officer.
Section 3. A nominating committee shall be appointed by the Post Executive Committee, who shall report their nominations to the regular monthly meeting next preceding the annual election of officers. Nominations may also be made from the floor at such meeting, and again at the meeting for the annual election.
Section 4. All Officers shall be elected annually, by majority vote on ballots, at the first regular Post meeting in May and, with regard to extreme exceptional circumstances, in no case less than fifteen (15) days prior to the Department Convention. The newly elected Officers shall be installed not later than the first regular Post meeting following their election. Only those members holding current calendar year membership cards shall have the privilege of nomination for office or of vote in the election. Officers and Executive Committeemen shall hold office until their successors are duly installed. Any Post Officer or Post Executive Committeeman may be removed for cause by the Post Executive Committee, a two-thirds (2/3) vote of said Committee being necessary to affect such removal. The membership shall be entitled to be present at the Post Executive Committee meeting without voice or vote. The decision of the Post Executive Committee shall be subject to the approval or reversal by the Post membership at the next regular Post meeting where a quorum is present.
Section 5. The duties of Officers and Executive Committeeman shall be those usually appertaining to such Officers or Committeemen and as further provided in the By-Laws.
Section 6. Officers and Executive Committeemen are expected to attend the regular meetings of the Post and Post Executive Committee. Failure of any Officer or Executive Committeeman to attend three (3) successive meetings, without reasonable cause having been furnished the Post Adjutant or Post Commander, shall be cause for forfeiture of said office. The Post Executive Committee shall verify an Officer's failure to attend three (3) successive regular business meetings, without reasonable cause having been furnished the Post Adjutant or Post Commander, and shall call for the forfeiture of said office. The Post Executive Committee shall order an election to fill the vacancy.
Section 7. In case of vacancy in any office for any cause, the said vacancy shall be filled at any regular meeting provided at least fifteen (15) days' notice of such election has been given to the members. Notification shall be by written letter and/or E-mail.
ARTICLE VI -- FINANCE
Section 1. The revenue of this Post shall be derived from annual membership dues and from other such sources as may be approved by the Post Executive Committee and approved by the Post Membership at a regularly scheduled meeting of the Post.
Section 2. The amount of membership or initiation fees and the amount of annual dues shall be fixed and determined by this Post.
Section 3. The Post shall pay to Department Headquarters the Department and National annual membership dues within thirty (30) days from receipt thereof for each paid member of the Post.
ARTICLE VII -- CHARTER MEMBERS
Section 1. Members who joined this Post prior to the issuance of the permanent charter shall be known as charter members.
ARTICLE VIII -- AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of James H. Perkins Post No 533, The American Legion.
Section 2. Membership in the Auxiliary shall be as prescribed by the National and Department of Texas Constitutions and By-Laws of The American Legion.
ARTICLE IX -- AMENDMENTS
Section 1. This Constitution is adopted subject to the provisions of the National and Department Constitution of The American Legion. Any amendment to said National Constitution or Department Constitution which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.
Section 2. This Constitution may be amended at any regular Post meeting by a vote of two thirds (2/3) of the members of said Post attending such regular meeting; provided that the proposed amendment(s) shall have been submitted in writing to the Post Executive Committee in session and approved by it. If rejected, in whole or in part, it may be taken to a regular Post meeting on a minority report to be voted upon; and provided that the proposed amendment(s) shall have been submitted in writing and read at the next preceding regular meeting of said Post; and provided further, that written, E-mail or other notice shall have been made available to all members at least fifteen (15) days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the Constitution is to be voted upon.
Section 3. Anything not covered by this Constitution shall be governed by the Constitution of the Department of Texas.
ARTICLE X -- REAL PROPERTY
Section 1. Real property owned by the Post may be sold, leased or otherwise disposed of, where control of said property is involved, only after first complying with all provisions in the current Department and National Constitutions and Bylaws pertaining to the conveyance of real property by posts, at any regular meeting by a vote of two-thirds (2/3) of the Post members attending a regular meeting, provided that the proposal shall have been submitted in writing, after approval by a majority of the Post Executive Committee, and further after approval by a majority of the Board of Trustees, and that the proposal shall have been read at a regular meeting of the Post immediately preceding the meeting when the vote will be made, and provided further notice shall have been given all members by mail and/or E-mail at least fifteen (15) days in advance of the date when such proposal is to be voted upon and that notice is given in the local press and radio and that it is posted on the Post bulletin board in the same time limits prior to the actual voting on the proposal.
Section 2. No real estate owned by this Post or Trustee(s) of this Post will be sold or used as collateral for a loan without the prior approval of the Department Executive Committee or where time is of the essence the Department Commander, who shall report said action to the next Department Executive Committee meeting.
Section 3. Any Post whose real estate becomes encumbered with a lien will notify the Department Adjutant within seven (7) days of receiving notice of the lien.
Section 4. Upon purchasing real estate, the Post will notify the Department of Texas.
ARTICLE XI -- PROGRAMS
Section 1. This Post has sponsored a Sons of The American Legion Squadron (SAL). Such Squadron, once formed, shall be subject to the rules, regulations and supervision of this Post as may be promulgated by the Post Executive Committee and ratified by the Post Membership, and which shall not be in conflict with the rules and regulations set up for the Sons of The American Legion by the National Executive Committee, The American Legion.
Section 2. Said SAL Squadron 533 may adopt its own Constitution and By-Laws, subject to approval of same by the Post Executive Committee. Until SAL Squadron 533 adopts its own Constitution and By-Laws, it shall be governed by Post 533 rules and regulations, and by the recommended Constitution and By-Laws of a SAL Squadron as has been approved by the Department Executive Committee, The American Legion, Department of Texas.
Section 3. Once created, this Post may cease its sponsorship of SAL Squadron 533 for good cause, such as failure to maintain a minimum membership of at least ten (10) members, failure to function, participating in activities illegal, immoral or opposed to our form of Government and the American way of life, and in the discretion of the Post Executive Committee, subject to ratification by the Post membership.
Section 4. This Post has sponsored a Legion Riders Chapter. Such Chapter, once formed, shall be subject to the rules, regulations and supervision of this Post as may be promulgated by the Post Executive Committee and ratified by the Post Membership, and which shall not be in conflict with the rules and regulations set forth for the Legion Riders by the Department of Texas and the National Executive Committee, The American Legion.
Section 5. Said Legion Riders Chapter 533 may adopt its own Constitution and By-Laws, subject to approval of same by the Post Executive Committee. Until Legion Riders Chapter 533 adopts its own Constitution and By-Laws, it shall be governed by Post 533 rules and regulations.
Section 6. Once created, this Post may cease its sponsorship of Legion Riders Chapter 533 for good cause, such as failure to maintain a minimum membership of at least ten (10) members, failure to function, participating in activities illegal, immoral or opposed to our form of Government and the American way of life, and in the discretion of the Post Executive Committee, subject to ratification by the Post membership.
Section 7. The Director of the Legion Riders Chapter 533 must be a Legionnaire of this Post.
Section 8. This Post has sponsored the Boy Scouts of America, Troop 533. It shall be subject to the rules and regulations of Post 533 as may be promulgated by the Post Executive Committee and ratified by the Post Membership.
Section 9. Once created, this Post may cease its sponsorship to the Boy Scouts of America, Troop 533, for good cause, such as failure to function, participating in activities illegal, immoral or opposed to our form of Government and the American way of life, and in the discretion of the Post Executive Committee, subject to the ratification by the Post Membership.
JAMES H. PERKINS POST NO. 533
ARTICLE I -- NAME
Section 1. The Post existing under these By-Laws is to be known as James H. Perkins Post No. 533, The American Legion.
Section 2. The objects of this Post are as set forth in the Constitution.
ARTICLE II- MANAGEMENT
Section 1. The government and management of the Post is entrusted to a Post Executive Committee which shall consist of two (2) members, appointed from the Post Membership by the newly elected Commander, the Officers of this Post and the last Commander. The Officers shall be elected annually as provided in Article V, Section 4, of this Constitution, and the Officers and Executive Committeemen shall take office immediately upon installation.
Section 2. 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 Post Commander at least once a month and as often as said Post Commander may deem necessary. The Post 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. A majority of the members of the Committee shall constitute a quorum thereof.
Section 3. The Post Executive committee, in addition to the duties and responsibilities prescribed elsewhere in this Constitution and By-Laws, shall oversee and manage:
- Canteen Operations:
- Hire a Canteen Manager who shall be responsible for hiring such capable employees as may be necessary for the Canteen operation. The Executive Committee shall approve the hiring of and number of employees, establish conditions of employment, and determine the duties and functions of all canteen employees.
- Approve or disapprove Canteen employee's wages and determine Canteen prices as recommended by the Canteen Manager.
- Establish rules, regulations and hours of operation for Canteen operation not otherwise prescribed by Department Constitution and By-Laws, nor in violation of Department, local, state and federal regulations.
- Post Operations:
(l.) Hire other employees and contact for services as may be necessary for the operation of the Post.
(2.) Authorize and approve all expenditures.
(3.) Require adequate bonds of all persons having custody of or access to Post funds.
(4.) Cause all funds to be placed in the hands of the Post Finance Officer for deposit and accounting purposes.
(5.) Hear the reports of Post Committee Chairmen, and generally, shall have charge of and be responsible for the management of the affairs of this Post.
(6.) At the end of each fiscal year, an audit committee shall be appointed with the Post Judge Advocate as Chairman to conduct a complete audit of Post records before turning them over to the new Post Finance Officer.
Section 4. All actions of the Post Executive Committee under Section 3, of this Article and not prescribed elsewhere in this Constitution and By-Laws shall be approved by a majority of the membership at a regular membership meeting.
ARTICLE III -- DUTIES OF OFFICERS
Section 1. Duties of 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, and such officer shall be the Chief Executive Officer of the Post. The Post Commander shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the Post for the year, and recommendations for the ensuing year, which shall be read at the annual meeting and a copy thereof immediately forwarded to the Department Adjutant. The Post Commander shall see that this Constitution and By-Laws is observed. The Post Commander shall perform such other duties as are directed by the Post.
Section 2. Duties of Post First Vice Commander -- The Post First Vice Commander shall assume and discharge the duties of the office of Post Commander in the absence or disability of, or when called upon by the Post Commander and shall be fully involved in, and responsible for, all aspects of Post Membership.
Section 3. Duties of the Post Second Vice Commander -- The Post Second Vice Commander shall be in charge of entertainment of the Post, and shall assume and discharge the duties of the Post First Vice Commander in the absence or disability of, or when called upon by, the Post Commander.
Section 4. Duties of the Post Adjutant -- The Post Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National Organizations may require, issue membership cards, handle certificates of transfer, render reports of membership annually or when called upon at a meeting, and under direction of the Post Commander, handle all correspondence of the Post. The Post Adjutant shall comply with all applicable sections of the Department Constitution pertaining to his/her duties.
Section 5. Duties of the Post Finance Officer -- The Post Finance Officer shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall report once a month to the Post Executive Committee and the Post, in writing, the condition of the finances of the Post, with such recommendations as The Post Finance Officer may deem expedient or necessary for raising funds with which to carry on the activities of the Post. The Post Finance Officer shall sign all checks disbursing the moneys of the Post, such checks are to be countersigned by the Post Commander, as authorized by the Post Executive Committee. The Post shall furnish such surety bond in such sum as shall be fixed by the Post Executive Committee.
Section 6. Duties of Post Judge Advocate -- The Post Judge Advocate shall supply professional advice in the conduct of the Post business, or to retain proper counsel. The Post Judge Advocate shall be the Chairman of any committee concerning the amendment of the Post Constitution or By-Laws. The Post Judge Advocate shall be in charge of the annual audit of the Post financial accounts as set out in Article II, Section 3 of these By-Laws. The Post Judge Advocate shall be responsible for the orderly conduct of disciplinary procedures.
Section 7. Duties of the Post Historian -- The Post Historian shall be charged, with the individual records and incidents of the Post and Post members, and shall perform such other duties as may properly pertain to the office as may be determined by the Post or Post Executive Committee.
Section 8. Duties of Post Chaplain -- The Post Chaplain 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 function, etc., adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time
Section 9. Duties of Post Sergeant at Arms -- The Post Sergeant at Arms shall preserve order at all times and meetings, and shall perform such other duties as may be from time to time assigned to the Post Sergeant at Arms by the Post Commander or Post Executive Committee. The Post Sergeant at Arms shall have charge of the Post Colors, and shall not display or permit their display without specific authority of the Post Commander.
Section 10. Duties of Post Service Officer -- The Post Service Officers shall comply with the Service Officer's Manual and Post Officers Guide of The American Legion, and recommendations of National and Department Headquarters, and needs of this Post.
ARTICLE IV -- DELEGATES
Section 1. Delegates and alternates to a Department, Division, or District Convention shall be elected by the Post at a regular meeting of the Post to be held not less than fifteen (15) days prior to the date of such convention. However, the Post, by two-thirds (2/3) vote of members present may authorize the Post Commander to appoint said delegates. The Post Commander shall, immediately upon their election or appointment, designate the chairman. Alternates for delegates shall have all the privileges of registered delegates except that of voting. A registered delegate is one who has received his/her credentials after his/her registration fee has been paid.
Section 2 Each duly registered delegate shall be entitled to one vote. At the time the delegates are elected, the Post will select either the Pro-Rata Rule or the Modified Unit Rule, as described below, as the method of voting for those delegates who do not attend the convention.
- Modified Unit Rule Each duly registered delegate shall be entitled to one vote, unless there are less delegates than votes. Under those circumstances, each delegate will cast one vote, then any votes of absent delegates will be cast, in their entirety, in accordance with the majority of the delegates in attendance.
- Pro Rata Rule Each duly registered delegate shall be entitled to one vote, unless there are less delegates than votes. Under those circumstances, each delegate present will be entitled to a portion of the total number of votes allocated to the Post that is directly proportionate to the percentage that the delegate represents of the total delegation present.
Section 3. The chairman of the delegation shall cast the entire delegate vote on any convention matter, after first polling the delegates present, so as to reflect the vote of each delegate present.
ARTICLE V -- DUES - FISCAL YEAR
Section 1. Annual dues shall be as prescribed by the Post and shall be payable on or before October 20th of each year for the succeeding calendar year. Any member whose dues for the current year that have not been paid by January 1st shall be classed as delinquent. If his/her dues are paid on or before February 1st, he/she shall be automatically reinstated. If he/she is still delinquent after February 1st, he/she shall be suspended from all privileges. If he/she is still under such suspension on June 30th of such year, his/her membership in The American Legion shall be forfeited. A member so suspended or whose membership has been so forfeited may be reinstated to active membership in good standing by vote of the Post membership and payment of current dues for the years in which the reinstatement occurs.
Section 2. The newly elected Post Officers shall be installed at a regular or special meeting, as may be designated by the Post Executive Committee, as soon as practicable after the annual election, but not later than the first regular Post meeting in October following their election, and in accordance with Article V, Section 4 of this Constitution.
Section 3. The Chairman of the membership committee, if there be a membership committee, or any member at a regular meeting of the Post, may recommend to the Post Executive
Committee the names of members whose dues shall be paid for by the Post with reasons for such recommendation. The Post Executive Committee shall have the power to approve or reject such recommendations except new members and transfers.
ARTICLE VI -- POST COMMITTEES - APPOINTMENTS
Section 1. The Post Commander, immediately upon taking office each year, shall appoint such standing committees as the Post Commander deems necessary for the efficient operation of the Post, such as those listed in the Post Officers Guide. The Post Commander shall also appoint such other committees as the Post Commander finds to be necessary from time to time. All of such committees shall consist of such members and the chairman thereof as shall be designated by the Post Commander and confirmed by the Post Executive Committee.
Section 2. The duties and functions of the respective Post committees shall be in accordance with the current Post Officers Guide of The American Legion and with the recommendations of National and Department Headquarters.
ARTICLE VII -- RESOLUTIONS
Section 1. All resolutions of State or National 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 the subject and copy of same shall be forwarded to the Department Headquarters for its approval before any publicity is given or action other than mere passage by the Post is taken.
ARTICLE VIII -- MEETINGS
Section 1. The regular and special meetings of the Post shall be held at James H. Perkins Post 533, Bastrop, Texas or as otherwise designated by the Post Commander, at which place may be transacted such business as may properly be brought up for action, approve the minutes of the previous meeting and minutes of all Post Executive Committee meetings since the last regular meeting. Such meetings may be converted into entertainment meetings, as may be deemed advisable by the officers of the Post. Procedure at regular meetings shall comply with the current Manual of Ceremonies.
Section 2. The regular business meetings of the Post shall be as determined by the Post, Other business or social meetings may be held as directed by the Post Commander or a majority of the Post Executive Committee.
Section 3. The Post Commander or a majority of the Post Executive Committee shall have the power to call a special meeting of the Post, the notice of the call for this meeting sent to the membership shall contain the subject matter to be discussed at the said meeting, and the said meeting shall not discuss other matters not relating to said notice.
Section 4. Upon the written request by signed petition of not less than five (5) of the members in good standing of this Post delivered to the Post Commander, requesting a special meeting of the Post, the Post Commander shall call the said special meeting within not less than seven (7) days, nor more than fourteen (14) days after receipt of the said petition. In the said petition shall be stated the purpose for which the meeting is requested, and matters not pertaining to said purpose for the meeting shall not be considered at such meeting. In subsequent notices given to the membership of said meeting, the subject matter to be discussed shall be stated.
Section 5. At least four (4) members in good standing shall constitute a quorum at any regular or special meeting of the Post.
ARTICLE IX -- NOTICES
Section 1. Every member shall furnish the Post Adjutant with his/her address and E-mail address, if there be one, for mailing purposes. Notices sent to the last known address shall constitute sufficient legal notice. Notices of general nature should be posted upon the bulletin board.
Section 2. The Post Adjutant shall cause written notice of the annual election to be given by mail, e-mail or by posting the notice at least fifteen (15) days prior thereto, such notice be based on the mailing date.
ARTICLE X -- RULES OF ORDER
Section 1. All proceedings of this Post shall be conducted under and pursuant to Robert's Rules of Order, Newly Revised, except as herein otherwise provided.
ARTICLE XI -- LIMITATIONS OF LIABILITIES
Section 1. This Post shall not incur, or cause to be incurred, any liability or obligation whatsoever which shall subject to liability any other Post, subdivision, group of men or women, members of The American Legion, or other individuals, corporation, or organization to liability or obligation
ARTICLE XII -- AMENDMENTS
Section 1. These By-Laws may be amended at any regular Post meeting by a vote of two-thirds (2/3) of the members of said Post attending such regular meeting; provided that the proposed amendment(s) shall have been submitted in to the Post Executive Committee in session and approved by it; or if rejected in whole or in part, it may be taken to a regular Post meeting on a minority report; and provided that the proposed amendment(s) shall have been submitted in writing and read at the next preceding regular meeting of said Post, and provided, further, that written notice shall have been made readily available to all members at least fifteen (15) days in advance of the date when such amendment(s) is/are to be voted upon, notifying all said members that at such meeting a proposal to amend the By-Laws is to be voted upon.
ARTICLE XIII -- BOARD OF TRUSTEES
Section 1. A Board of Trustees is hereby created to consist of five (5) members of the Post, and the current Post Commander, with right to vote. One member of said Board of Trustees shall be elected each year by the Post Executive Committee on nomination by the Post Commander to serve for a term of five (5) years. No member of the Board, other than the Post Commander, shall hold any other elected office in the Post nor shall be eligible to succeed himself/herself.
Section 2. At the first regular meeting of the Board of Trustees in each year, the Board shall elect a Chairman and a Vice-Chairman who shall serve for a term of one (1) year and shall not be eligible to succeed themselves. The Post Finance Officer, Post Judge Advocate, and Post Adjutant shall serve the Board in their respective capacities but shall not be granted the privilege of vote on any question coming before the Board of Trustees. The members of the Board shall meet at least once each month and hold special meetings at such time and place as deemed necessary by the Chairman or on call of three (3) members thereof.
Section 3. A majority shall have power to act and to exercise all the authority of the Board. The members of the Board shall serve without pay. Each member shall be bonded with a solvent surety company as surety in the penal sum of Five Thousand and NO/100 ($5,000.00) Dollars, the premium thereon to be paid out of the income from such property as they may hold in Trust for the Post. Said bond shall be approved by the Post Judge Advocate before such Trustee shall be qualified.
Section 4. Vacancies in the Board of Trustees shall be filled by election by the Post Executive Committee of the Post, upon nomination by the Post Commander.
Section 5. Duties and Functions.
- The duties of the Board of Trustees shall be to take care of all Trust Funds and all properties, real personal or mixed, the legal title to which is now vested, or may hereafter vest, in the Post, or which may be offered to and accepted by the Post. Any action by the Board of Trustees concerning Real Property owned by the Post shall comply with Article X of the Post Constitution, and applicable Articles of the Department of Texas, American Legion Constitution and By-Laws.
- No changes, alterations, or additions to the real property of the Post shall be made without the prior approval of the Board of Trustees; final approval after recommendation by the Board of Trustees shall be vested in the Post Executive Committee and the Post membership.
- The disposal of control of real property of the Post can only be amended by the same procedure as set forth in the above Section 5(a) for the disposal of control of real property.
Section 6. The Board of Trustees shall act as a Building and Grounds Committee for the purpose of rental of said property on a temporary basis and/or otherwise handle use of said property, subject to final approval of the Post Executive committee. The Post Executive Committee may assign such other duties to the Board of Trustees as it deems advisable.
Section 7. All meetings of the Board of Trustees shall be open to any member and the minutes of all proceedings of all meetings shall be retained in the joint custody of the Post Adjutant and the Chairman of the Board of Trustees, and extracts thereof made available to the membership at the next regularly scheduled membership meeting.
We, the following officers of James H. Perkins Post No. 533, The American Legion, hereby certify that the foregoing Constitution and By-Laws, after due notice was given to all members, was adopted at a regular meeting of this Post held on the Seventh day of October, 2015, A. D.
K. E. Anderson / Kenneth J. Schoonover
POST COMMANDER ATTESTED: POST ADJUTANT
Passed on by the Department Judge Advocate on the 20th day of March, 2017, and Approved by the Department Executive Committee on the 20th day of March, 2017 , A.D.
DEP | | JUDGE ADVOCATE
Commander: Ken Anderson
First Vice: Robert Quentinilla
Second Vice: Darwin Bush
Service Officer: Daved Leaton
Finance Officer: Dan Palmer
Chaplain: Jim Timms
Judge Advocate: Charlie Green
Sgt. at Arms: Darrel Spurlock
Historian: Marisa Eatock
BMAL: Gilbert Olivarez