CONSTITUTION & By-laws

CONSTITUTION

GALLOWAY-MARTENS POST NO. 343

Constitution of Galloway-Martens Post No. 343 Department of Missouri

PREAMBLE

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 all 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

The name of this Organization shall be Galloway-Martens Post No. 343, The American Legion, Department of Missouri.

ARTICLE II – Objects

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 departmental 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. This organization shall be absolutely non-political and non-sectarian 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. No candidate for nomination or election to, or no incumbent of, any remunerative elective public office, shall hold any elective office or any appointive remunerative office in this post of The American Legion, and the declaration of candidacy for such public office by any person holding any elective or appointive remunerative office in this post shall operate automatically to vacate their office in this post, and the same shall be filled as hereinafter provided.

Section 3. Rank does not exist in The American Legion; no member shall be addressed by their military or naval title, in any meeting of this post.

ARTICLE IV – Membership

Section 1. Eligibility to membership in this post shall be prescribed by the national constitution of The American Legion.

Section 2. Application for membership shall be made in writing under such regulations as may from time to time be adopted by the Post at a regular or special meeting.

Section 3. All applications for membership shall be acted upon at the next post meeting following the making of such application, and shall, at such meeting, be accepted, rejected, or referred for further investigation and consideration. If three or more members cast their vote against the acceptance of said application, then such application shall be recorded as rejected. A rejected application shall not again be considered until after the expiration of six months from the date of such rejection.

Section 4. Any member of this post may be expelled for cause by a three-fourths vote of the membership present in a regular post meeting, after charges are preferred under oath in writing and a fair trial had upon the same.

Section 5. A member who has been expelled or suspended from this post for any cause may be reinstated to membership by a two-thirds vote of the membership present in post meeting; provided, however, that they shall make payment of any arrears in their dues at the time of the expulsion or suspension, and also other regular dues which have been payable in the interval between their expulsion or suspension end their reinstatement.

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 asked for and denied by such post, they may then appeal to the State Executive Committee of the department of the expelling post for permission to apply for membership in another post, and shall be ineligible for membership until such permission is granted.

Section 7. A member in good standing is defined as one whose dues are paid and whose membership is neither suspended nor expelled, both as outlined in the National Constitution of The American Legion.

ARTICLE V – Officers

Section 1. The officers of this post shall be a Commander, a Vice-Commander, a Second Vice-Commander, an Adjutant, a Finance Officer, a Post Historian, a Post Chaplain and a Sergeant-at-Arms, and such other officers as may be deemed necessary by this organization, who shall be nominated from the floor at the meeting preceding the annual election.

Section 2. All officers shall be elected annually, and they shall hold office until their successors are duly installed or as otherwise provided. Any officer may be removed for inefficiency by a three-fourths vote of the membership present in any regular post meeting.

Section 3. Every member of this post in good standing shall be eligible to hold office in this post.

Section 4. The duties of officers shall be those usually appertaining to such officers and as further provided in the by-laws.

ARTICLE VI – Finance

Section 1. The revenue of this post shall be derived from membership or initiation fees, from annual membership dues and from such other sources as may be approved by the Post.

Section 2. The amount of such membership or initiation fees and the amount of such annual post dues shall be fixed and determined by this post.

Section 3. The post shall pay to department all headquarters the national and departmental annual membership dues for every member of this post.

ARTICLE VII – Charter Members

Section 1. Members who joined this post prior to November 11, 1919 (or members who joined this post prior to the issuance of 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 Galloway-Martens Post No. 343, The American Legion.

Section 2. Membership in the Auxiliary shall be as prescribed by the national constitution of the American Legion Auxiliary.

ARTICLE IX – Amendments

Section 1. This constitution is adopted subject to the provisions of the national constitution of The American Legion and of the department constitution of the Department of Missouri, 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 vote of two-thirds of the members of said post attending such regular meeting, providing that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said post, and providing, further, that written notice shall have been given to all members at least four 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.

BY-LAWS

ARTICLE I

Section 1. The Post existing under these by-laws is to be known as Galloway-Martens Post No. 343, The American Legion, Department of Missouri.

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 the members of the Post, with a Post Executive Committee to give recommendations and plans of procedures to the post.

Section 2. The Post Executive Committee shall consist of four members in addition to the officers of the post and together with the other officers of this post shall be elected annually at the first regular meeting in the month of June each year and take office at the first regular meeting in the month of August. All elections of officers and executive committeemen shall be by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates.

Section 3. All vacancies existing in the Post Executive Committee, or in any office of the Post for any cause other than the expiration of the term, shall be filled by a majority vote of the membership present at the first meeting after the vacancy occurs, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer whom they succeed. A vacancy shall exist when a member or officer is absent from their post for a continuous period considered detrimental to the interest of the post.

ARTICLE III – Post Executive Committee

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 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 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 are more members of said Post Executive Committee, seven members of the committee shall constitute a quorum thereof.

Section 2. The Post Executive Committee shall get its authority from the post.

ARTICLE IV – Finances

Section 1. The annual membership dues of the Post and the initiation fees from new members shall be set at the first regular post meeting in the month of August, which shall be for the succeeding calendar year. The amount set shall be by a vote of three-fourths majority of the members present in such regular meeting.

Section 2. If amounts are not set as provided in section one above the amounts shall remain the same as for the preceding year.

Section 3. All disbursements of post funds shall be by the Finance Officer upon written order signed by the Commander and adjutant or approved by the Post in any regular or call meeting, all disbursements by written order shall subsequently be recorded in the minutes of the next regular meeting.

ARTICLE V – Duties of Officers

Section 1. Duties of the 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. They 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. They shall perform such other duties as directed by the post.

Section 2. Duties of Vice-Commander. The 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.

Section 3. Duties of Post Adjutant. The 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, render reports of membership annually or when called upon at a meeting, and under direction of the Commander manage all correspondence of the Post.

Section 4. Duties of the Finance Officer. The Finance Officer of the Post 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 the condition of the finances of the Post, with such recommendations as they may deem expedient or necessary for raising funds with which to carry on the activities of the Post. They shall sign all checks disbursing the moneys of the post. They shall furnish such surety bond in such sum as shall be fixed by the Post.

Section 5. Duties of 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.

Section 6. 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 functions, etc., adhere to such ceremonial rituals as are recommended by the national or department headquarters from time to time.

Section 7. Duties of Sergeant-at-Arms. The Sergeant-at-Arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to him by the Post.

ARTICIE VII – Delegates

Section 1. The Post Commander, immediately upon taking office each year, shall appoint the following standing committees: Membership, Attendance, House, Legal, Publicity, Service, Visiting, Americanism, and Athletic. Such standing committees shall consist of such members, and the chairperson thereof, as shall be designated by the Post Commander.

Section 2. Membership Committee. The Membership Committee shall have charge of all matters pertaining to the membership of the post, including the procuring of new members, reinstatements, and eligibility of members.

Section 3. Attendance Committee. The Attendance Committee shall have charge of stimulating the attendance to the regular meetings.

Section 4. War Veterans Liaison Committee. To oversee all activities of the post in connection with war veterans their families and dependents.

Section 5. House and Entertainment Committee. The House and Entertainment Committee shall have charge of all matters pertaining to the care of the post quarter, promotion of club, advantages and arrangements for social activities.

Section 6. Finance Committee. The Finance Committee shall be charged with the administration of the financial policy, preparation of budget recommendations and supervision of receiving, disbursing and a counting of all post funds.

Section 7. Legal Committee. The Legal Committee shall be charged with the legal supervision of post affairs and audit of post financial accounts.

Section 8. Publicity Committee. The Publicity Committee shall be charged with the promotion of public support of the Legions progress by the establishment of proper contact with the Commander, American Legion Magazine, Department and National Legion news service and by local publicity of post program and activities.

Section 9. Rehabilitation and Service Committee. The Rehabilitation and Service Committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or State governments, employment, relief, etc.

Section 10. Visiting Committee. The Visiting Committee is charged with the visiting and comforting of members and their families when sick or bereaved and with visiting ex-service men and women in nearby hospitals.

Section 11. Americanism Committee. The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions; encouragement of patriotic and civic phases of instruction in schools; Americanization of aliens; combating anti-American propaganda by education of the general public in American ideals through public forums, etc., and activities for community and civic betterment.

Section 12. Athletic Committee. The Athletic Committee shall be charged with the promotion of physical development and clean sports by the organization of post athletic teams, recreation, etc., and by co-operation and support in the general recreational and athletic program of the community.

Section 13. Disaster Relief Committee. With the consent and advice of the constituted authorities a permanent post committee on home defense and disaster relief should be organized.

Section 14. Sons of The American Legion Committee. The Sons of The American Legion Committee shall have overseership of the operations of the post squadron of the Sons of The American Legion.

Section 15. Child Welfare Committee. The Child Welfare Committee shall be charged with aid and service to children of veterans, co-operating with other established agencies in the community, laboring for the betterment of child conditions and in coordinating services and agencies in the community for the above purposes. To act as intermediary for the needy child of a veteran in obtaining the fulfilment of the Legion’s pledge that no child of a Veteran shall be in need of the necessities of life”, and “a square deal for every child.”

Section 16. Defense Committee. The Defense Committee shall work with and coordinate Legion efforts with the Local Defense Council on matters pertaining to national, civilian and home defense. To assist the armed forces of the United States in recruiting efforts and in every way be active in community activities for the defense of the nation and the security of the American home.

ARTICLE VIII – 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 is taken other than mere passage by the post.

ARTICLE IX – Meetings

Section 1. The regular meetings of the post shall be held at the club rooms on the second Tuesday of each month at which may be transacted such business as may properly be brought up for action; such meetings may be converted into entertainment meetings, as may be deemed advisable by the officers of the post.

Section 2. The Post Commander or a majority of the Post Executive Committee shall have power to call a special meeting of the Post at any time.

Section 3. Upon the written request of five members, the Commander shall call a special meeting of the Post.

Section 4. Five members shall constitute a quorum.

ARTICLE X – Notices

Section 1. Every member shall furnish the Post Adjutant with their phone number, mailing and/or e-mail address for contact purposes.

Section 2. The Post Adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.

ARTICLE XI – Rules of Order

Section 1. All proceedings of this post shall be conducted under and pursuant to Robert’s Rules of Order, except as herein otherwise provided.

ARTICLE XII – Limitations of Liabilities

Section 1. This post shall incur, or cause to be incurred, no liability nor obligations whatever which shall subject to liability any other post, subdivision, group of people, members of The American Legion, or other individuals, corporations or organizations.

ARTICLE XIII – Dissolution

                Section 1. Upon the dissolution of Galloway-Martens Post No. 343, The American Legion, Department of Missouri, after providing for the payment of all obligations, shall donate all net income from real and personal property owned by Post No. 343 to Veteran Organizations that are unanimously chosen by the remaining Post membership at the time of dissolution.  The Post Executive Committee will then turn over Post No. 343’s Charter to The American Legion, Department of Missouri. This is in compliance with the Constitution and Bylaws of The American Legion, Department of Missouri.

ARTICLE XIV – Amendments

Section 1. These by-laws may be amended at any regular post meeting by a vote of two-thirds of the members of said post attending such regular meetings: Provided, that the proposed amendment 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 given to all members at least four 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 by-laws is to be voted upon.

 (Updated and Accepted: April 11, 2023)