1650 Hwy 3 S. League City, Texas 77573 281-332-8733
CONSTITUTION AND BY-LAWS
DEPARTMENT OF TEXAS
CONSTITUTION OF LEAGUE CITY POST No. 554
The purpose of this organization is to foster and to perpetuate a one hundred percent Americanism, to preserve the memories and incidents of our association in the Great Wars; to inculcate a sense of individual obligations 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; to maintain law and order, a representative form of govemment, and to uphold and defend the constitution of the United States and of the State of Texas.
ARTICLE I- NAME
Section 1. The name of this organization shall be League City Post No. 554 the American Legion, Department of Texas. The chapter of incorporation as filed in the office of the Secretary of State of Texas, is adopted as the charter for this Post-
ARTICLE II- OBJECTIVES
Section 1. The objectives and purpose of this Post shall be to promote the principles and policies as set forth in the foregoing purpose, 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 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 promoting or retarding 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 their military or naval title in any meeting of this Post.
ARTICLE IV - MEMBERSHIP
Section 1. Eligibility for membership in this Post shall be as prescribed by the National Constitution of The American Legion, the Departrnent of Texas.
Section 2. Application for membership shall be made in writing under such regilations as may from time to time be prescribed by the Post General Membership.
Section 3. All applications for.membership in the Post shall be acted upon at the next regular meeting of the Post General membership following the making of such application, and shall at such meeting, be accepted, rejected, or referred for further investigation and consideration. If a majority ofthe Post General membership cast their vote against the acceptance of such application, then such application shall be recorded as rejected.
Section 4. A member of this Post may only be disciplined in accordance with the Deparünent Uniform Code of Procedure for Disciplinary Actions.
Section 5. If the accused is expelled in a disciplinary proceeding, their membership is suspended until their final appeal is heard and a decision is rendered, and if they are expelled by the decision, they shall not be eligible for membership in this Post for one year from the date of expulsion, and then only in the event their application for reinstatement is approved in the manner in which memberships are approved in this post.
Section 6. No person who has been expelled by a Post shall be admitted to membership in this Post, until after a year has elapsed since their expulsion, except that where such consent has been asked for and denied by such Post, they may then appeal to the Executive Committee of the Department of Texas for permission to apply for membership in this Post, and shall be ineligible for membership in this Post until such permission is granted.
Section 7. 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 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 8. 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 9. No person may be a member at any one time of more than one Post in the American Legion.
Section 10. 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. Dues already paid shall remain with the original Post and the transfer shall be complete upon issue of a new membership card.
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 Departn-rent Adjutant at once in writing so that his 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 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 an Executive Cornmittee. This Committee shall consist of the Post offcers and three members-at-large, with one said membersat-large being a past Commander or past First Vice Commander.
The term of offce of members of the Post Executive Committee shall be for one 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, an Adjutant, a First Vice Commander, a Second Vice Commander, a Third Vice Commander, a Finance Officer, a Post Historian, a Post Chaplain, a Sergeant-at-Arrns, an Assistant Sergeant-at-Arms, a Service Officer, a Judge Advocate, three (3) members-at-large, and such other officers as may be deemed necessary by this organization.
Section 3. A nominating committee shall be appointed by the Post Executive committee at the April meeting. The nominating committee shall submit its nominations at the regular Post meeting in the month of May. After the nominating committee submits its slate of candidates, nominations will be taken from the floor at said meeting. Nominations from the floor shall also be accepted at the annual election meeting.
Section 4. All offcers and Post Executive Committee members shall be elected annually, by majority vote on written ballots and/or electronically via SKYPE, e-mail or Proxy if the member is active duty military with official military orders as proof of service out ofthe immediate area or country, at the regular Post meeting held in June of each year, and not less than fifteen (15) days prior to the Department Convention (art. V, Sec. 4, Department By-Laws)- Newly elected officers will not take their respective positions until Department officers are newly installed. After their installation, they shall hold offce until their successors are duly installed or as otherwise provided. Only those members holding current calendar year membership cards shall have the privilege of vote in the election. They shall hold office until their successors are duly installed. Any Post Offcer 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 effect 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 Offcers and the Post Executive Committee shall be those usually appertaining to such offcers or Committee and as ftrther provided in the By-Laws.
Section 6. Every member of this Post in good standing shall be eligible to hold office in this Post as a Post Officer or Post Executive Committee member.
Section 7. Officers and Post Executive Committee members are expected to attend the regular meetings of the Post and Post Executive Committee. Failure of any officer or Post Executive Committee member to attend three (3) consecutive regular business meetings, without reasonable cause having been fumished to the Adjutant or Commander, shall be cause for forfeiture of said office. The Post Executive Committee shall decide when an officer by their failure to attend three (3) consecutive business meetings has forfeited their right to continue in office, when or whether to declare such offce vacant, and when to order an election to fill the vacancy. Any duly elected officer who resigns his/her position or is removed from their position during the fiscal year shall not be allowed to hold another officer position for five (5) years.
Section 8. Starting in fiscal year 2017-2018, all elected offcers and Post Executive Committee members who have not previously taken, passed and presented a certificate, are required to take the American Legion Extension Institute class online at www.legion.org/alei within the first quarter ofthe fiscal year in which they are elected. Failure to complete the online course within the allotted time will result in the elected officer or Post Execuüve Committee member being removed from office by the Executive Committee; a two thirds (2/3) vote of said Committee being necessary to effect such removalSection 9. In case of vacancy in any offce for any cause, the said vacancy shall be filled at any regular meeting provided at least five (15) days' notice of such election has been given to members. The Executive Committee can appoint a member to fill the vacancy until election is held.
ARTICLE VI - FINANCE
Section 1. The revenue of this Post shall be derived from membership or initiation fees, from annual membership dues, and from other such sources as may be approved by the Post Executive Committee and sanctioned by the Post membership.
Section 2. The amount of membership or initiation fees and the amount of annual dues shall be fixed and determined by the Post Executive Committee.
Section 3. The Post shall pay to Departmental Headquarters the National and Departnental annual membership dues for every member of the Post.
ARTICLE Vil - CHARTER MEMBERS
Section 1. Members who joined this Post prior to the issuance of the charter shall be Imown as charter members.
ARTICLE Vill - AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an auxiliary organization to be Imown as the Auxiliary of League City Unit No. 554, the American Legion, operating under the direction and supervision of the Post commander and Executive Committee.
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 Auxiliary.
ARTICLE IX - SONS OF AMERICAN LEGION
Section 1. This Post recognizes an organization to be known as the sons of American Legion League City Squadron No. 554, The American Legion, operating under the direction and supervision of the Post Commander and Executive Committee.
Section 2. Membership in the Sons of American Legion shall be as prescribed by the National and Department of Texas Constitutions and By-Laws of the American Legion.
ARTICLE X - AMERICAN LEGION RIDERSection 1. This Post recognizes an organization known as the American Legion Riders Chapter of League City Post No. 554, The American Legion, operating under the direction and supervision of the Post Commander and Executive Committee.
Section 2. Membership in the American Legion riders Chapter shall be prescribed by the National and Departinent of Texas Constitutions and By-Laws of the American Legion.
ARTICLE XI - AMENDMENTS
Section 1. This constitution is adopted subject to the provisions of the National Constitution of the American Legion and of the Constitution of the American Legion, Department of Texas. 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 shall have been submitted in uriting to the 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 shall have been submitted in writing and read at the next regular meeting of this Post; and provided further, that writteen notice shall have been given to all members at least five (15) days in advance of the date when such amendment is to be voted upon, notifring 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.
BY-LAWS OF LEAGUE CITY POST NO. 554, League City, Texas
ARTICLE I- NAME
Section 1. The Post existing under these By-Laws is to be known as League City Post No. 554, The American Legion, Department of Texas.
Section 2. The objectives of this post are as set forth in the Constitution.
ARTICLE II- MANAGEMENT
Section 1. The government and management of the Post are entrusted to a Post Executive Committee of fifteen (15) members, to be known as the "Post Executive Committee".
Section 2. The Post Executive Committee shall consist ofthe Post officers and three (3) membersat-large, with one of said members-at-large being a past Commander or past First Vice Commander. The Executive Committee shall be chaired by the Commander; and together witb the officers of this Post shall be elected annually as provided in Article V of the Constitution, and all shall take offce immediately upon installation.
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 (10) days after the installation of the new omcers. Thereafter the Post Executive Committee and the appointed Committee Chairpersons shall meet at the call of the Commander at least every thirty (30) days and as often as said commander may deem necessary. The Commander shall call a meeting of the Post Executive Committee upon the joint written or oral request of three (3) or more members of said Post Executive Committee. Five (5) members of the Post Executive committee shall constitute a quorum, one must be a Member-at-Large-
Section 2. The Post Executive Committee shall hire such employees as may be necessary to maintain and operate the Post, but this authority, may at its discretion, be delegated to the House Committee Chairman and Bar Cornmittee Chairman. The Post Executive Committee shall authorize and approve all expenditure of funds for the maintenance ofthe Post and salaries paid to employees. The Post Executive Committee shall require adequate bonds from all persons having custody of Post funds; shall hear the reports of the Post committee Chairpersons; and generally, shall have charge of and be responsible for the management of the affairs of this Post. The Post Executive Committee shall refer to the membership for approval in regular meeting prior to the expenditure of any funds not specifically mentioned in this section.
ARTICLE IV - DUTIES OF OFFICERS
Section 1. Duties of 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 shall be the chief executive officer ofthe Post. The Commander or a majority of the Post Executive Committee members 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 following year, which shall be read at the annual meeting and a copy thereof, immediately forwarded to the Department Adjutant. The Commander shall see that this Constitution and By-Laws are observed. The Commander shall perform such other duties as are directed by the Post membership.
Section 2. Duties of the Post Adjutant: The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep membership records, maintain contact with individual Post members, check on and assist the work of the other offcers and committees, and publish official orders, announcements and instructions. The Adjutant should have custody of all Post records and should develop a comprehensive filing system for their ready access. The Adjutant issues membership cards, handles certificates of transfer, renders reports of membership annually or when called upon at a meeting, and under direction of the Commander, handles all correspondence of the Post. The Adjutant shall comply with Article V, Section 5 of the Department By-Laws.
Section 3. Duties of 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. The primary responsibility of the First Vice Commander is the membership ofthe Post and they shall use all resources at hismer disposal to reinstate old members and bring new members into the Post.
Section 4. Duties ofSecond Vice Commander: It shall be the primary duty of the Second Vice Commander to recommend to the Commander programs that will spice up the meetings and attract attendance. He/she shall contact other veteran and civic groups so that each patriotic holiday and observance receives the attention it deserves. He/she shall assist in planning all social and recreational activities of the Post. They shall perform such other duties as may be assigned by the Commander.
Section 5. Duties of the Third Vice Commander: The third Vice commander perform such duties as may be assigned by the Post Commander.
Section 6. 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 the Post's bank account or accounts and shall report once a month to the Post Executive Committee and to the Post in writing, 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 ofthe Post. The Finance Offcer, who is charged with accounting of Post assets, shall have signature authority on Post bank accounts. All checks shall be signed and countersigned by two of the authorized officers on the banks signature cards, The countersignature requirement shall not be waived at any time. All disbursements or reimbursements of $150 or more shall be made by check* and all Post credit card or debit card purchases shall be approved in advance by the Post Commander. The Post shall fumish such surety bond in such sum as shall be fixed by the Post Executive com.lnittee.
Section 7. Duties ofthe 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 offce as may be determined by the Post commander and Post Executive Committee.
Section 9. Duties of the Sergeant-at-Arms: The Sergeant-at-Arms shall preserve order at all times and all meetings, and shall perform such other duties as may be from time to time assigled to him by the Commander, or Post Executive Committee. He/she shall have charge of the Post Colors, and shall not display or permit them to be displayed without specific authority of the Post Commander.
Section 10. Duties of the Assistant Sergeant-at-Arms: He/she shall comply with the Service Officers Manual and Post Handbook of The American Legion, and recommendations of National and Department Headquarters, and needs of this Post.
Section 11. Duties of the Post Service Officer: The Post Service Offcer shall comply with the Service Officers Manual and Post Handbook of the American Legion, and recommendations of National and Department Headquarters, and needs of this Post.
Section 12. Duties of Judge Advocate: The primary duty of the Judge Advocate is to supply professional advice in the conduct ofthe Post business or to procure proper counsel. He/she is the guardian of the constitutional form of Post govemment. It shall be the duty of the Judge Advocate to audit Post financial accounts annually just before the election of Officers or more frequently at his/her discretion.
Section 13. Duties of Members-at-Large: The primary duties of Members-at-Large are to represent the General Membership. They are to attend the Executive Board Meetings, and cast the votes for the General Membership; a veto from a Member-at-Large causes any actions to be presented to the General Membership for their consideration and approval or disapproval.
ARTICLE V - DELEGATES
Section 1. Delegates and alternates to a department, division or dist-ict convention shall be elected by wHtten ballot 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 Commander to appoint said delegates. The Post Commander shall, immediately upon their election or appointment, designate the chairman.
ARTICLES VI - DUES - FISCAL YEARSection 1. Annual dues shall be payable on or before October 20th of each year for the succeeding calendar year. Following the calendar year, a member becomes delinquent for non-payment of dues by January 1, and if he/she continues to be delinquent, he/she shall lose all privileges by March 1, and his/her memberships in the American Legion is forfeited on June 30th, if he/she is still delinquent.
Section 2. The American Legion Post 554 shall pav the annual dues for all WWII Veterans beginning with the 2020 membership year.
Section 3. The fiscal year shall end July 31 st and begin August 1 st
Section 4. The newly elected offcers shall be installed at a regular or special meeting, as may be designated by the Post Executive Committee, as soon as practical after the annual election, not later than the first regular Post meeting in October, following their election, and according to Article V, Section 4 of this Constitution.
Section 5. The Chairman of the membership committee may recommend to the Post Executive Committee the names of members whose dues shall be remitted by the Post with reasons for such recommendation. The Post Executive Committee shall have the power to approve or reject such recommendations.
ARTICLE VII - POST COMMITTEE APPOINTMENTS
Section 1. The Post Commander, immediately upon taking offce each year, shall appoint the following standing committees: Membership, Building, Entertainment, Finance, Legal, Publicity, Service, Visiting, Americanism, and Athletic. The Commander shall also appoint such other committees as are found to be necessary from time to time. All such committees shall consist of such members and the chairman thereof as shall be designated by the Post Commander.
Section 2. The duties and functions of the respective Post Committees shall be in accordance with the current Post Handbook of the American Legion and with the recommendations ofNational and Department Headquarters.
ARTICLE VIII - RESOLUTIONS
Section 1. All resolutions of State and 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 a copy of same shall be forwarded to the Department Headquarters for it approval before any publicity is given or action other than more passage by the Post is taken.
ARTICLE IX MEETINGS
Section 1. The regular and special meetings of the Post shall be held at the American Legion Post 554 Home, 1650 Highway 3 S., League City, Texas 77573, at which place 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 offcers 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 held on the first Thursday of each month beginning at 7 PM. The Post Executive Committee shall meet on the fflird Thursday of each month at 7 PM. Social meetings shall be held at such times as may be designated by the Post Executive Conunittee. Other business meetings may be held as directed by the Commander and/or 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 at any time.
Section 4. Upon the written request by a signed petition of not less than five (5) of the members in good standing of this Post delivered to the Commander, requesting a special meeting of the Post, the Commander shall call the said special meeting within not less than seven (7) days, nor more than fourteen (14) days after the receipt of said petition. In the said petition shall be stated the purpose for which the meeting is requested, and matters not pertaining to said purpose of the meeting shall not be considered at such meeting. In notices given to membership of said meeting, the subject matter to be discussed shall be stated. 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 matte to be discussed at the said meeting, and said meeting shall not discuss other matters not relating to said notice.
Section 5. At least five (5) members in good standing shall constitute a quorum at any regular or special meeting of the Post.
ARTICLE X - NOTICES
Section 1. Every member shall furnish the Post Adjutant with his or her physical and e-mail address for notification and mailing purposes. Notices sent to the last known physical or e-mail address shall constitute sufficient legal notice.
Section 2. The Post Adjutant shall cause notice of the annual election to be given at least fourteen (14) days prior thereto.
ARTICLE Xl - RULES OF ORDER
Section 1. All proceedings of this Post shall be conducted under and pursuant to Robert's Rules ofOrder, except as herein otherwise provided.
Section 2. All motions and/or amendments to motion, will be prior to and read back to the body voting on the motion prior to the debate of such motion and/or amendments to motion.
ARTICLE XII- LIMITATIONS OF LIABILITIES
Section 1. This Post shall incur, or cause to be incurred, no liability nor obligations whatsoever which shall subject to liability any other Post, sub-division, group of men or women, members Qf the American Legion, or other individuals, corporation, or organization.
ARTICLE XIII- 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 shall have been submitted in writing to the Post Executive Cornmittee 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 shall have been submitted in writing and read at the next regular meeting of said Post, and provided further, that written notice shall have been given to all members at least five (5) days in advance ofthe date when such amendment is to be voted upon, notifring all said members that such meeting a proposal to amend the ByLaws is to be voted upon.
ARTICLE XIV POST PROPERTY
Section 1. Real property of the Post shall be handled by the Post commander, Post Adjutant, and Post Finance Officer as set forth in the following Section 2 and Section 3.
Section 2. Real property owned by the Post may be sold, leased or otherwise disposed of, where control of said property is involved 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 ofthe Post Executive Committee, ifthere be a Post Executive Committee, and further after approval by a majority of the Board of Trustees, if there be a Board of Trustees, and read at the preceding regular meeting ofthe Post, and provided further notice shall have been given all members by 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 3. No real estate owned by this Post or trustee of this Post will be sold or used as collateral for a loan without the 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 4. Any Post whose real estate becomes encumbered with a lien will notify the Departnent Adjutant within 7 days of receiving notice of the lien.
Section 5. Upon purchasing real estate, the Post will notify the Departmentof Texas.
ARTICLE XV - VENDORS
Section 1. Any non-emergency expense exceeding $1500 will be a "blind bid" by three (3) vendors with no information for each vendor's quote being shared with another vendor. The vendor's quotes will be put to vote by the General Assembly of the Legionnaires.
ARTICLE XVI - DONATIONS
Section 1. All donation, be it personal donations or commercial donations, over $75, will be documented with the following and records will be maintained by the Finance Officer ofthe post:
- Name of person or business who is making the donation.
- A full description of the item or items being donated.
- Full U.S. Dollar value of the total donation. If it is a cash or check donation, it will be designated that it is cash or designated that it is a check.
- Date of the donation.
- If it is an item or items donation, a copy of the invoice if one can be refrieved.
We, the following Officers of League City Post No. 554, the American Legion, Department of Texas, 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 Mav 2, 2019
Passed on by the Department Judge Advocate on the 23 day of Sept 2020 A.D., and approved by the Department Executive Committee on 27 day of Sept 2020 AD