South Central Chapter Constitution and By Laws
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Constitution 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 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. Purpose The American Legion Riders is formed to promote the aims and purposes of The American Legion as a family oriented motorcycling activity for members of The American Legion, The American Legion Auxiliary, and The Sons of The American Legion. Article I—Name The name of this program shall be South Central Chapter, Buffalo County Post 52. Article II—Nature Section 1 The American Legion Riders (ALR) is a program for members of The American Legion, The American Legion Auxiliary, and The Sons of The American Legion members, collectively "The Legion Family," who share an interest in motorcycling. Section 2 The American Legion Riders upholds the declared principles of The American Legion as well as conforms to and abides by the regulations and decisions of the department, post, or other duly constituted governing body. Section 3 The ALR maintains and protects the image of The American Legion at all times through appropriate wearing of The American Legion Emblem. The emblem of The American Legion demands "that the wearer shall ever guard the sanctity of home and country and free institutions." 2 Section 4. Members of the ALR avoid any perception of being a motorcycle or "biker" club or gang. Rather, the focus of membership is for the enjoyment of motorcycles and comradeship and furthering Legion programs in the community. Section 5. The ALR strives to improve the public’s perception of the motorcycling community by promoting the honorable nature of service to one’s community, state and nation through the sport of motorcycling. Section 6. Members of the ALR comply at all times with the motor vehicle safety, licensing, and insurance laws or regulations of the state in which operating. Article III—Organization The American Legion Riders is organized at the Post. Each chapter exists at the discretion of the sponsoring post. The chapter officers and executive committee are responsible and accountable to the sponsoring post executive committee. All officers of the American Legion Riders chapter must be confirmed by the hosting post. Article IV—Membership Eligibility Section 1. Eligibility for basic membership in The American Legion Riders shall be as prescribed by the national constitutions of The American Legion, the American Legion Auxiliary, and the Sons of The American Legion. Section 2. All members of The American Legion Riders must further demonstrate current individual membership in The American Legion, the American Legion Auxiliary, or the Sons of The American Legion. Section 3. Members will not at any time hold membership in more than one chapter of The American Legion Riders. Section 4. In addition to sections 1-3 above, all members must be the legally registered owner of a motorcycle of at least 350cc (21.4CI) engine displacement or be the spouse of the legally registered, licensed, and insured owner within the state of registration; said owner also being a member of The American Legion Riders in good standing. Section 5 All operators must be properly licensed and insured per state laws. Section 6. All members will obey the motor vehicle laws in any state in which they are operating a motorcycle or riding as a passenger. Article V—Wear of American Legion Emblem Section 1. The American Legion Riders back patch, as copyrighted and sold by The American Legion’s Emblem Sales division, is authorized for wear by all current members of the ALR. The Legion’s logos and emblems may also be authorized by the host post for wear by selected volunteers performing work on behalf of the local post or chapter programs. Section 2 No other back patch or back patch design is authorized for wear as an ALR emblem. Section 3. Department standards for patch sales should be on file with Emblem Sales. Section 4. If Department or Post identifying information is to be embroidered on the patch, Emblem Sales must have on record authorization from the Department Adjutant that such specific identifying information may be used on the patch. Section 5. Rockers or patches interfering with or obscuring any part of The American Legion Riders back patch, or the American Legion logo/emblem are not allowed due to federal trademark law. 3 Article VI—Determine Elected Officers Section 1. The recommended officers of the Chapter are Director, Assistant Director, Secretary, Treasurer, Membership Chairman, Sergeant-at-Arms, Road Captain, Historian, and Chaplain elected annually. Section 2. Between Chapter meetings, the administrative power of the Chapter shall be vested in the Chapter Executive Committee, who’s voting members shall consist of all elective officers for the current year and the immediate Past Chapter Director. Section 3. All other Past Chapter Directors shall be members of the Executive Committee with voice but no vote. Article VII—Finance Section 1. The revenue of the Chapter shall be derived from such membership fees or dues and from such other sources as may be approved by the Chapter Executive Committee. Section 2. The amount of such membership or initiation fees and the amount of such annual Chapter dues shall be fixed and determined by the Chapter. Section 3. The Chapter will provide a monthly financial report to the sponsoring post executive committee. Article VIII—Amendments Section 1. This Constitution is adopted, subject to the provisions of the National Constitution, Department Constitution, and Post Constitution of which this Chapter is a subordinate program. Any amendment to the National, Department, or Post Constitution that is in conflict with any provision hereof shall be regarded as automatically repealing or modifying the provisions of the constitution and bylaws of this Chapter to the extent of such conflict. Section 2. This Constitution may be amended at any regular Chapter meeting by a vote of two-thirds of the membership attending such regular meeting provided that the proposed amendment shall have been submitted in writing, and read at the immediate preceding Chapter meeting. Further, that traditional mail or electronic mail notice shall have been sent to all members’ addresses of record at least 5 days in advance of the date which such amendment is to be voted upon, notifying said members that at such meeting there will be a proposal to amend the Constitution. The Chapter Membership, at the regular scheduled Chapter meeting on 15 AUG 2011 adopted this revised Constitution, a quorum being present. Dated 15 AUG 2011 at Kearney, Nebraska. Burdette Chappell Gerry Wilke
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Bylaws Article I--Name Section 1. The Chapter existing under these By-Laws is to be known as South Central Chapter, Buffalo County Post 52, The American Legion, Department of Nebraska. Section 2. The name and nature of this Chapter are as set forth in the Constitution. Article II—Management Section 1. The officers of the Chapter shall be Director, Assistant Director, Secretary, Treasurer, Sergeant-at-Arms, Road Captain, Historian, Membership Chairman and Chaplain. Section 2. Between Chapter meetings, the administrative power of the Chapter shall be vested in the Chapter Executive Committee, which shall consist of all elective officers for the current year and in addition the immediate Past Director. Section 3. Officers of this Chapter shall be elected annually in the month of July and take office at the meeting next following that of the election. All elections of officers 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. All such officers shall be confirmed by the hosting post. Section 4. All vacancies existing in any office of the Chapter from any cause other than the expiration of the term shall be filled by a majority vote of the remaining members of the Executive committee, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer whose position was vacated. Any person so appointed or elected to fill a vacancy shall be confirmed by the hosting post. Section 5. A vacancy shall exist when a member or officer is absent from the Chapter due to resignation, loss of qualifications, incapacity from injury or illness, or for a continuous period of unexcused absences considered detrimental to the interest of the Chapter by the remaining members of the Executive Committee. Section 6. All Past Chapter Directors shall be members of the Chapter Executive Committee with voice but without voting privileges. 2 Article III—Meetings Section 1. The regular monthly meeting of the Chapter shall be held the third Monday of each month at Post 52, at a time designated by members, or a date, time and place as voted on by a majority of the members at any regular meeting, 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 agreeable by the officers of the Chapter. Section 2. The Chapter Director or a majority of the Executive Committee shall have power to call a special meeting of the Chapter at any time. Written or electronically transmitted notice of such meeting shall be given to all Members in advance of the date of the special meeting. Section 3. Upon the written request of six (6) Chapter members in good standing, the Executive Committee shall call a special meeting of the Chapter. Section 4. Those Chapter Members in good standing who attend Chapter Meetings shall constitute a quorum. Article IV—Chapter Executive Committee Section 1. The Chapter Executive Committee shall meet for organizational or such other business as may come before it at the call of the Chapter Director within 10 days after the installation of the new officers. Thereafter the Chapter Executive Committee shall meet as often as Chapter Director may deem necessary. The Chapter Director shall call a meeting of the Chapter Executive Committee upon the joint written request of three or more members of said Chapter Executive Committee, and five members of the committee shall constitute a quorum thereof. Section 2. The Chapter Executive Committee, based on a majority vote, shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall provide or require adequate bonds from all persons having custody of chapter funds; shall hear the reports of chapter committee chairs; and generally, shall have charge of and be responsible for the management of the affairs of this chapter. Article V—Duties of Officers Section 1. Duties of Director. It shall be the duty of the Chapter Director to preside at all meetings of the chapter and to have general supervision over the business and affairs of the Chapter. The chapter director shall be the chief executive officer of the chapter. The director shall approve all orders directing the disbursement of funds and shall provide a monthly report covering the business and finances of the chapter at each regular meeting of the hosting American Legion post, with a copy thereof immediately forwarded to the post or department adjutant. The director shall perform such other duties as directed by the chapter membership. Section 2. Duties of Assistant Director. The Assistant Director shall assume and discharge the duties of the office of Director in the absence or disability of, or when called upon by the Chapter Director. Section 3. Duties of Chapter Secretary. The Secretary shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the hosting post may require, and under direction of the chapter director handle all correspondence of the chapter. 3 Section 4. Duties of the Treasurer. The Treasurer 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 both the chapter executive committee and the hosting post the condition of the finances of the chapter, with such recommendations as he or she may deem expedient or necessary. The treasurer, director, and one officer of the hosting post, shall be signatory on approvals for all checks disbursing the monies of the chapter. The treasurer shall be provided such surety bonds in such amounts as shall be fixed by the chapter executive committee and obtained by the chapter. The Treasurer prepares the chapter’s monthly financial report for the sponsoring post. Section 5. Duties of the Membership Chairman. Relieves Secretary of responsibility for maintenance of membership records as may be required by the general membership. Collects membership dues as determined by the Chapter by-laws, and provides same to Treasurer on a regular basis. Reviews and/or collects eligibility documentation as required by the general members, sponsoring Post Executive Board, or State and Local laws. Section 6. Duties of Chapter Historian. The Chapter Historian shall be charged with the individual records and incidents of the Chapter and Chapter members, and shall perform such other duties as may properly pertain to the office as may be determined by the Chapter or the Executive Committee. Section 7. Duties of Chapter Chaplain. The Chapter Chaplain shall be charged with the spiritual welfare of the Chapter comrades and will offer divine but nonsectarian 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 8. Duties of Road Captain. The Road Captain shall plan all tours, runs, activities, and events; lead the chapter in formation riding or parades; arouse interest in activities; enforce all rules of safe motorcycle operation and group riding. Additionally, the Road Captain may select assistants to aid in special tasks and may chair appropriate activities committee as directed by the chapter Director or Executive Committee. Section 9. Duties of the Sergeant-at-arms. The Sergeant-at-arms shall preserve order at meetings and gatherings assist the Road Captain in enforcing all rules of safe riding during rides and runs; and perform such other duties or chair such committees as may be from time to time assigned by the Director or Chapter Executive Committee. Article VI—Delegates Section 1. Delegates and alternates to a Department American Legion Riders meeting, convention, regional gathering or other activity shall be elected by ballot by the Chapter at a regular meeting of the Chapter 30 days prior to the date of such event. Article VII—Appointments Section 1. The Chapter Director, immediately upon taking office each year, may appoint standing committees or commissions for the furtherance of chapter programs. Section 2. Such standing committees shall consist of such persons, and the chair thereof, as designated by the Chapter Director. 4 Article VIII—Resolutions Section 1. All resolutions of state or national scope presented to this Chapter by a member or reported to this Chapter by a committee shall merely embody the opinion of this Chapter on the subject and copy of same shall be forwarded to the Post headquarters for its approval before any publicity is given or action other than mere passage by the Chapter is taken. Article IX—Notices Section 1. Every member shall furnish the Chapter Secretary with a valid email or postal mailing address. Section 2. The Chapter Secretary shall cause notice of the annual election to be given at least two weeks prior thereto. Article X—Rules of Order Section 1. All proceedings of this Chapter shall be conducted under and pursuant to Roberts’ Rules of Order (Newly Revised), except as herein otherwise provided. Article XI—Limitations of Liabilities Section 1. This Chapter shall incur, or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other Chapter, subdivision, members of The American Legion, post, departments, or other individuals, corporations or organizations. Article XII—Amendments Section 1. These By-Laws may be amended at any regular Chapter meeting by a vote of two-thirds of the members of said Chapter attending such regular meeting, provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting. Section 2. Written or electronically transmitted notice to the addresses of record indicated in Article IX, Section 1, shall have been given to all members at least 5 days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting there will be presented a proposal to amend the By-Laws. Section 3. Any amendments will be reported to the sponsoring post, and such amendments will not be effective until approved by the sponsoring post. In lieu of any record of prior by-laws having been adopted by this Chapter, the Chapter Membership, at the regular scheduled Chapter Meeting on 15 AUG 2011 adopted these BYLAWS contained herein, a quorum being present. Dated 15 AUG 2011 at Kearney, Nebraska. Burdette Chappell Gerry Wilke
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