BY-LAWS
BY-LAWS OF THE
AMERICAN LEGION HAMDEN POST 88
3005 DIXWELL AVE. HAMDEN, CT 06518
ADOPTED SEPTEMBER 07, 2004
AMENDED JANUARY 2006
SUPERSEDES DOCUMENTS DATED:
SEPTEMBER, 07 2004
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 association 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.
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ARTICLE I
MEMBERSHIP
SECTION 1. Eligibility to membership in this post shall be prescribed by the National Constitution of the American Legion.
SECTION 2. The Post shall in conformity with provisions of State and National Constitutions, have power to make such rules as it may elect for the admission of members. It shall have power to admit by ballot candidates for membership in the Post, a two-thirds vote of those present being required for election. It may expel or suspend any member of the post by a two-thirds vote of the members present after due notice of such meeting to all members for any violation of the by-laws or rules, or conduct improper and prejudicial to the welfare of the Post or the American Legion. But, no member shall be suspended or expelled without being given one week's written notice of the charges against them and the time when they can, as they may elect appear before the Post with in 15 days of prior notice submit a written answer to such charges. If they fail to provide written notice and do not appear within the prescribed 15 days their suspension is automatic. Post will notify the State Adjutant of said suspension within 7 days. This provision is Subject to the State Constitution, and the National Constitution.
ARTICLE II
OFFICERS
SECTION 1. The officers of this Post shall be a Post Commander who shall also have the title of President; a First Vice Commander (Senior Vice Commander) and a Second Vice Commander (Junior Vice Commander), who shall have the titles of first and second Vice Presidents, respectively; a Post Adjutant, who shall have the title of Secretary; a Post Chaplain, a Sergeant-At-Arms, and an Assistant Sergeant-At-Arms, a Post Historian, and there shall be an executive committee of Board of Managers to consist of all the officers named above. (ALSO) two members of the Post (not holding office) shall be regularly elected at each annual meeting to serve for a period of one year and to have equal voting power together with other members of said executive board.
The retiring Post Commander who automatically becomes a member of said Board for a period of one year unless he resigns prior to the end of their term.
All of Past Post Commanders in good standing shall have the privilege to sit in on all meetings of said Board without voting power.
Nominations for office shall be made 30 days prior to the annual meeting in June. Members in good standing that desire to hold office, shall present their names to the Post membership for consideration. They may state their qualifications and be asked same by Post membership.
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SECTION 2. All of the above officers shall be elected at the annual meeting in June by a majority of the members in good standing, present, except the Adjutant and the Sergeant-At-Arms who shall be appointed by the incoming Commander, and the Assistant Sergeant-At-Arms who shall be appointed by the incoming Senior Vice Commander.
The oath of office shall be administered at the time of election, by a Past Post Commander in good standing, of the Post, District or Department. The officers shall assume the duties of their respective offices immediately, and shall hold office for one year, or until their successors are duly elected and qualified.
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SECTION 3. Any resignation of any officer during their tenure in office shall cause the remaining executive board to assume that officers duties until a new election is held at the next scheduled meeting.
ARTICLE III
FINANCE
SECTION 1. The revenue of this Post shall be derived from membership and initiation fees and from such other sources as may be approved by the Post executive committee.
SECTION 2. The amount of such membership and initiation fees shall be fixed and determined by the Post as here-in-after provided
SECTION 3. The Post shall pay to Departmental Headquarters the national and departmental membership dues for every member of the Post when received.
SECTION 4. Before any bills are paid an approval to the treasurer (Finance Officer) shall be issued by the executive at its regular meeting. All bills approved to be noted in the minutes provided to the Adjutant. Membership payments to department are excluded and no approval is necessary.
SECTION 5. Finance Committee
(a) There shall be in the Post a Board of Finance, consisting of the Commander, who shall be it's chairman, and the Treasurer (Finance Officer).
(b) The Adjutant of said Post shall be the clerk of said Board of Finance. It shall be that persons duty to keep a record of all votes and other proceedings at meetings of said Board; and they shall be the custodian of all books, papers and documents belonging to said Board of Finance. All books, papers and documents kept by said Adjutant shall be open to the inspection of any member of said Post at any reasonable time. The person shall publish and serve such notices as may be required by said Board and may issue copies if any order, rule or regulation authorized by said Post. It shall be the persons duty to transmit any order issued by said Board to the person for whom intended, and they shall keep records of all rules and regulations adopted by said Board under provisions of this act. The person shall perform such other duties incident to their office as the Board shall direct.
(c) The Commander may call a special meeting of said Board at any time on reasonable personal notice to the members thereof, or written or printed notice sent to the residence of each member or mailed to them by the Adjutant of said Board at least twenty-four hours before the time holding such meeting.
(d) During the month of June the Board shall be appointed, to serve as follows: the Treasurer (Finance Officer) who is the first member, shall serve for one fiscal year, and the members of said Board shall hold office during the time for which they are appointed, or until their successors are appointed by said Commander and qualified: in any case of a vacancy in said Board, by reason of death or resignation, the Commander shall forthwith appoint a successor who shall serve for the remainder of the term for which they are appointed and until their successor is appointed and qualified.
(e) Within one month after the annual meeting said Board of Finance shall hold a meeting and may adjourn from time to time during said month and at the said meetings and its adjournments, if any are had, shall make estimates of monies necessary to be appointed for the expense of said Post, for the year ensuing. Said Board shall give notice to all Post Committees of a definite time and place when it will meet to consider the needs of such committees. In lieu of estimated expenses the prior years expenses shall serve as a base. The Post shall have the power to decrease the appropriations or any item thereof recommended by said Board, but in no case shall it have power to increase the appropriations or any item thereof. The Post at any meeting shall not vote to incur any liability in excess of the appropriation, by contract or otherwise, for which said Post shall be responsible in excess of appropriations made by said Board.
(f) If a special appropriation is required for any purpose and estimate of the same shall be prepared and submitted to said Board of Finance at a special meeting called for that purpose; and said Board at said meeting or any adjournment thereof shall have the power to make any such appropriations, but no such appropriations shall be made unless a special assessment is laid sufficient to cover the amount, when such appropriation is in excess of the assessment so recommended shall be submitted by the Board of Finance to a special Post meeting called for that purpose, and said special Post meeting shall have the power to decrease the appropriation or any item thereof, or the rate of assessment recommended by said Board, or said special meeting may vote not to make such appropriation or levy such special assessment, but in no case shall any special appropriation or any rate of assessment recommended by said Board of Finance.
(g) Said Board shall have power to make transfers of unexpected balances from one appropriation to another, but no amount appropriated for any one reason or purpose, whether general or special shall be used or appropriated for any other purpose, unless the same be recommended by said Board.
ARTICLE IV
AMERICAN LEGION AUXILIARY
SECTION 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Hamden Post #88 the American Legion.
ARTICLE V
AMENDMENTS
SECTION 1. These by-laws are adopted subject to the provisions of the National Constitution of the American Legion and the Department Constitution of the Department of Connecticut, the American Legion. Any amendment to said National Constitution or Department Constitution which is in conflict with any provision hereof shall be regarded as automatically repealing or modifying the provision of these by-laws to the extent of such conflict.
SECTION 2. Motions to amend these by-laws must be made in writing by any member in good standing. From time to time a by-law committee may be necessary to review Post by-laws and make recommendations as necessary. The committee shall be appointed by the Post Commander and not to exceed 5 members in good standing. A Chairman of the by-law committee may be installed for the purpose of establishing continuity at various meetings.
SECTION 3. When a motion shall be made to amdend these by-laws at the next regular meeting of the Post such amendment or amendments shall be read and then duly tabled until the next regular meeting of the Post, and at the next regular meeting of the Post such amendment or amendments may be adopted or rejected in accordance with two thirds of the vote of the membership present.
ARTICLE VI
BOARD OF GOVERNORS
SECTION 1. There shall be a Board of Governors created who are authorized and empowered to supervise, control and manage all real property of the Hamden Post No. 88, Inc. The American Legion.
SECTION 2. The Board of Governors shall consist of 6 members elected by the Post at its annual meeting, and the Commander, all having equal voting power. At the annual meeting 2 members shall be elected for 3 years. In the event the Commander is also a member of the elected Board of Governors, the seventh member of said Board shall be elected for 1 year at the same annual meeting. The Commander will be the seventh member with full voting powers unless they resign prior to the end of their tenure in office.
SECTION 3. The members of the Board of Governors shall begin serving on June 1st of each year and shall hold office for the term to which elected or until their successors are duly elected and qualified. Board of Governors shall elect its own Officers, said Officers shall serve for 1 year. Members of the Board of Governors shall all be members in good standing of the Post. Chairman of the Board of Governors is limited to a 1 year term. They cannot succeed themselves in office. Any member that misses 3 consecutive meetings without sufficient reason shall be cited for dismissal in writing by the Chairman and the Post shall be notified and a new member shall be elected to fulfill the unexpired term.
SECTION 4. Duties of the Board of Governors shall be;
(a) To have charge of all real property as it now exits of Hamden Post No. 88, Inc. American Legion.
(b) To formulate such rules and regulations as it deems advisable for the management and control of all real property of Hamden Post No. 88, Inc. American Legion.
(c) To take cognizance of all violations of rules and regulations concerning the real properties.
(d) One member of Board of Governors shall be elected as Secretary. They will notify the Commander in writing of decisions made by the Board of Governors effecting the supervision of Post real properties. Any monies from the use of real property and said Incorporation shall be turned over to the Finance Officer of the Post. This does not include income from the bar.
(e) Each year there shall be a member of the Board of Governors selected to act as Treasurer. The Treasurer so elected shall be covered under the Post Master Insurance Policy with regard to indemnification. The permittee is be appointed by the Board of Governors for a period of one year. That person, is to be covered under the Post Master Insurance Policy as to their duties. The permittee is responsible to the Board of Governors.
(f) There shall be 5 sets of keys to the bar facilities and will be under the jurisdiction of the Chairman of the Board of Governors. The Chairman of the Board of Governors is responsible to the Post for the use of these keys and the return thereof at the expiration of their Chairmanship to the Post Commander. If at any time abuses are evident from the illegal use of said keys, the Post Commander can demand the return of these keys from the Chairman of the Board of Governors, and it will be the duty of the Post Commander to notify the Connecticut Liquor Commission of said action, accompanied by detailed report for reason thereof.
SECTION 5. The Hamden Post No. 88, Inc. American Legion Board of Governors Property fund: The Post will no longer pay the Board of Governor's a set monthly amount from the Post account.
(a) Revenues received from Hall Rentals will be used to pay insurances and other necessary operating expenses.
(b) A financial report will be submitted each month to a regular Post meeting by the Chairman of the Board of Governors. Said Board is empowered to use any accumulated funds for those items necessary for the improvement and operation of Hamden Post No. 88, Inc. American Legion.
1. There is a minimum bank balance of $1250.00
2. The expenditure is not in excess of $1000.00 per item unless approved at a regular Post meeting. This does not include purchases for the bar such as liquor and other consumable goods.
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SECTION 6. No written contract shall be entered into by the Board of Governors unless voted and approved by the Post members at a regular meeting of Hamden Post No. 88 Inc, American Legion.
SECTION 7. The Post Commander shall appoint an Auditing officer in good standing, who shall examine the accounts of the Board of Governors at six month intervals and make an audit report of the same at the succeeding regular Post meeting.
SECTION 8. meetings of the Board of Governors will be held once a month. Special meetings may be called at the discretion of the Chairman on a two day notice to all members of said Board. Five members shall constitute a quorum.
ARTICLE VII
MANAGEMENT
SECTION 1. Between Post business meetings, the administrative powers of the Post shall be vested in the Executive Committee.
SECTION 2. The Commander, Vice Commander, Adjutant and Finance Officer of the Post shall be respectively the Chairman, Vice Chairman, Secretary and Treasurer of the Executive Committee.
SECTION 3. The Post Commander shall from time to time appoint and discharge such committees of the Post as they may think necessary and convenient; and at the end of their term can call for an internal Audit of the Board of Governors Books. Which will consist of Checking accounts, Savings accounts, and any other special accounts.
SECTION 4. Any officer of this Post who shall have been absent from regular meetings thereof for a period of 2 consecutive months, unless ill, or absent from town, shall be deemed to have given sufficient cause to justify a request for their resignation by the Executive Committee. Any officer that resigns during their tenure will be replaced by the Post membership at its next regular meeting or special meeting.
SECTION 5. A vacancy existing in the Executive Committee from the regular meetings thereof for a period of 2 consecutive meetings thereof for a period of 2 consecutive months, unless ill, or absent from town, shall be deemed to have given sufficient cause to justify a request for their resignation by the Executive Committee.
ARTICLE VIII
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 of the Post. They shall make and 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 Commanders. The First (Senior) Vice Commander shall assume and discharge the duties of the office of the Commander in their absence or disability of or when called upon by the Post Commander. The Second (Junior) Vice Commander shall serve at the request of the Senior Vice Commander.
SECTION 3. Duties of Post Adjutant. The Adjutant shall have charge of and keep full and correct record of all proceedings of all meetings, keep such records as the department and National organizations may require and under direction of the Commander handle all Post Correspondence.
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 bank or banks and shall report the condition of the finances of the Post at every regular meeting with such recommendations as he 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 monies of the Post. They shall furnish such a surety bond if necessary and premiums paid by the Post.
(a) The Post Commander shall be empowered to sign checks disbursing monies of the Post in the absence or incapacitation of the Post Finance Officer.
SECTION 5. Duties of the Post Historian. A Post Historian may be appointed by the Commander to record 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 the Executive Committee.
SECTION 6. Duties of the Post Chaplain. The Post Chaplain shall be charged with the sprititual welfare of the Post comrades and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc... and adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time.
SECTION 8. Duties of the Sergeant -At-Arms. The Post Sergeant-At-Arms shall preserve order at all meetings and shall perform such other duties as may be from time to time assigned to them by the Post Executive Committee.
ARTICLE IX
DELEGATES
SECTION 1. Delegates and alternates to the Department convention shall be elected by ballot by the Post at a regular meeting of the Post to be held at least 20 days prior to date of such convention.
ARTICLE X
MEETINGS
SECTION 1. Regular meetings of this Post shall be held on the first Wednesday evening at 7:00PM each month, except on legal Holidays, which then defaults to the next Wednesday in Post Headquarters. If no quorum is present the presiding officer shall adjourn the meeting to a subsequent date.
SECTION 2. The annual meeting of the Post shall be the first regular meeting in June and shall be held at Post Headquarters or such place as the Executive Committee may designate. If no quorum is present the presiding officer shall adjourn the meeting to a subsequent date.
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SECTION 3. The Commander or a majority of the members of the Executive Committee shall have the power to call special meetings of the Post at any time; a special meeting must be called upon the signed petition of 10 members.
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SECTION 4. Seven members shall constitute a quorum at any meeting of the Post.
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DUES
SECTION 1. There shall be an initiation fee of $1.00, which shall entitle the initiate to a Legion Emblem and a copy of the Post By-Laws, and the annual dues shall be at the rate of not less than $5.00 per annum to be fixed at the annual meeting. The Executive Committee shall have the authority to remit not more than fifty percent of the dues of a new member admitted after January 1st. Dues must be paid in full by December 31st each year in order to be a member in good standing.
RULES OF ORDER
SECTION 1. Rules of procedure at meetings of the Post shall be those set forth in Robert's Rules of Order except as otherwise expressly provided herein.
Approved by the Corporation's Incorporator on February 19, 2008, as the Corporation's amended operating By-Laws:
____Signature________
Corporation President, Incorporator
SEAL
These By-Laws Approved by Unanimous Consent of the Board of Directors of the Corporation dated February 19, 2008 as attested to by the signature of the Secretary.
___Signature _____
Corporation Secretary