Post 52 Bylaws

BY-LAWS FOR BUFFALO COUNTY POST NO. 52, AMERICAN LEGION, DEPARTMENT OF NEBRASKA

ARTICLE I

Section 1. The Post existing under these By-Laws is to be known as Buffallo County Post No. 52, Department of Nebraska.

Section 2. The objects of this Post are set forth in the Constitution.

ARTICLE II - Management

Section 1. The government and management of the Post is entrusted to an Executive Committee of 8 members, to be known as the “Executive Committee.”

Section 2. The Executive Committee shall consist of 2 members in addition to the 5 officers of the Post and the immediate past Post Commander. Together with the other officers of the Post shall be elected annually at the June meeting, and take office at the meeting next following that of election. All elections of officers and executive committee 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 Executive Committee, or in any office of the Post from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the committee. The person so appointed shall hold office for the unexpired term of the member of the committee or officer whom he succeeds. A vacancy shall exist when a member or officer is absent from Post for a continuous period considered detrimental to the interest of the Post by the Executive Committee.

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 10 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 or more members of said Post Executive Committee, 3 members of the committee shall constitute a quorum thereof.

Section 2. The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of funds; shall hear the reports of Post committee chairs; and generally, shall have charge of and be responsible for the management of the affairs of the Post.

ARTICLE IV - Duties of Officers

Section 1. 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. Such officer shall be the chief executive officer of the Post. The 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 Commander shall perform such other duties as directed by the Post.

Section 2. 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. 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 National and Department organizations may require; render reports of membership annually or when called upon at a meeting, and under the direction of the commander handle all correspondence of the Post. The adjutant shall have the additional duty of Finance Officer. The finance officer shall have charge of all finances and see that they are safely deposited in a local bank or banks and shall report once a month to the Executive Committee on the condition of the finances of the Post, with such recommendations as may be deemed expedient or necessary for raising funds with which to carry on the activities of the post. The finance officer or, in his absence, the Post Commander or the immediate past Post Commander shall be authorized to sign checks disbursing funds of the Post and shall furnish such surety bonds in such sum as shall be fixed by the Executive Committee. He shall have the additional duty 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 determined by the Post Executive Committee.

Section 4. 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 and similar activities of the Post. The chaplain shall adhere to such ceremonial rituals as are recommended by the national or departmental headquarters.

Section 5. Sergeant-at-Arms.

The sergeant-at-arms shall preserve order at all meetings; insure that only current members of the American Legion are in attendance; introduce visiting comrades, and perform such other duties as may be assigned by the Post Executive Committee.

ARTICLE V - Delegates

Section 1. Delegates and alternates to a department convention shall be elected by ballot by the Post at a regular meeting of the Post to be held at least 30 days prior to the date of such convention.

ARTICLE VI - Appointments

Section 1. The Post commander, immediately upon taking office each year, shall appoint such standing committees as the commander and the Post Executive Committee jointly shall deem necessary to conduct the business of the Post. The following committees are considered as appropriate for appointment: Americanism, Ceremonials, Child Welfare, Economic, Finance, Foreign Relations, Memorial, House and Entertainment, Legislative, Membership, Public Relations, Rehabilitation, National Security, Sons of the American Legion and Visitation. Such standing committees as appointed shall consist of such members, and the chairs thereof, as shall be designated by the Post commander.

Section 2. Americanism Committee.

The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arranging 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, and activities for community and civic betterment.

Section 3.Ceremonials Committee.

The principal duty of the Ceremonials Committee is to insure that all new members are properly initiated. The committee must also concern itself with the proper presentation of other rituals outlined in the Manual of Ceremonies burial detail and the wearing of Legion regalia.

Section 4. Child Welfare Committee.

The Child Welfare Committee shall be charged with aid and service to children of veterans, cooperating 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 an intermediary for the needy child of a veteran in obtaining the fulfillment of the Legion’s pledge that “no child of a war veteran shall be in need of the necessities of life” and “a square deal for every child.”

Section 5. Economic Committee.

The Post Economic Committee is primarily concerned with local employment programs, Veterans preference, government employment and re-employment rights.

Section 6. Finance Committee.

The Post Finance Committee shall be charged with the administration of the fiscal policy, preparation of budget recommendations and supervision of receiving, disbursing and accounting of all Post funds.

Section 7. Foreign Relations Committee.

This committee has become active as America has recognized its responsibility as a world leader. Maintaining and securing world peace and friendship abroad through community endeavors have become as essential as any aspect of treaty law. The duties of this committee are to promote the release of and search for prisoners of war and missing in action personnel and their remains when requested by the national or departmental chair.

Section 8. Memorial Committee.

The duties of this committee involve recording grave sites and complete information on veterans’ burial in cemeteries assigned to the post. Special assistance can be given the service officer in providing flags, headstones or proper interment in national and state cemeteries.

Section 9. The House and Entertainment Committee.

The Committee shall have charge of all matters pertaining to the care of the Post quarters, promotion of club advantages and arrangements for social activities.

Section 10. Legislative Committee.

The Committee needs to have knowledge of what is going on in the U.S. Congress and Nebraska State Legislature - what we favor or oppose, and should be ready to initiate action in support of our position when requested by the national or department chair.

Section 11. The Membership Committee.

The Committee shall have charge of all matters pertaining to membership of the Post, including the recruitment of new members, reinstatement and eligibility of members.

Section 12. Public Relations Committee.

The Public Relations Committee shall be charged with the promotion of public support of the Legion’s program by the establishment of proper contact with the American Legion Magazine, department and national news service and by local publicity of Post programs and activities.

Section 13. 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 government, employment and relief, etc.

Section 14. Security Committee.

The Security Committee shall work with and coordinate Legion efforts with the local Civil Defense Council on matters pertaining to national, civilian and home defense. It shall 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.

Section 15. The Sons of the American Legion Committee.

The Committee shall have supervision over the operations of the Post’s squadron of the Sons of the American Legion.

Section 16. Visiting Committee.

This committee is charged with the visiting and comforting of members and their families when sick or bereaved and with visiting ex-service personnel in nearby hospitals.

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 meetings of the Post will be held at the club rooms on the 2nd Monday of each month at the time designated in the Post bulletin, 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. The Executive Committee shall meet on the first Monday of each month, excepting when that date falls on a recognized Federal or State holiday, when the meeting will be held immediately prior to the Post meeting.

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

Section 3. Upon the written request of 5 Post members in good standing, the committee shall call a special meeting of the Post.

Section 4. Six (6) Post members in good standing shall constitute a quorum for Post meetings.

ARTICLE IX - Notices

Section 1. Every member shall furnish the Post adjutant with address for mailing purposes.

Section 2. The Post adjutant 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 Post shall be conducted under and pursuant to Robert’s Rules of Order, except as herein otherwise provided.

ARTICLE XI - Limitations of Liabilities

Section 1. This Post shall incur, or cause to be incurred, no liability or obligations whatever which shall subject to liability any other Post, subdivision, members of the American Legion, or other individuals, corporations or organizations.

ARTICLE XII - 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 meeting; Provided that the proposed amendment shall have been submitted in writing and read at the immediately preceding regular meeting of said Post; and provided further that written notice shall have been given to all members at least 30 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.

In lieu of any record of prior by-laws having been adopted by this Post, having been lost or otherwise destroyed, the Post membership, at the regular scheduled Post meeting on 14 February, 2005 adopted these BY-LAWS contained herein, a quorum being present.

Dated this 12th day of October, 2009 at Kearney, Nebraska.

Donald Sluti Thomas Hegarty

Post Commander Adjutant