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Snyder-Lewis-Welty Post 454
American Legion
Department of Michigan

  • Legion (269) 432-9088
  • Brett Johnson, Post Commander

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 100% 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 goodwill 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 post shall be Snyder-Lewis-Welty Post 454, The American Legion, Department of Michigan.

Article II
Objects
The Objectives 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 nonpolitical and shall not be used for the dissemination of partisan principles nor the promotion 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 his military or naval title in any meeting of this Post.

Article IV
Membership
Section 1. Eligibility to membership in this Post shall be as 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 prescribed by the Post Executive Committee.
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 a majority of the members cast their vote against the acceptance of said application, then such application shall be recorded as rejected.
Section 4. Any member of the Post may be expelled for cause by a two-thirds vote of the Executive Committee 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 and the payment of current dues for the year in which the reinstatement occurs.
Section 6. No person who has been expelled by a Post shall be admitted to membership in this Post, without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, may then appeal to the state Executive Committee of the Department of the expelling Post for permission to apply for membership in this Post and shall be ineligible for membership until such permission is granted.

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 Committee which shall consist of the officers of the Post. The term of office of members of the 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, a vice-commander, an adjutant, a finance officer, a Post historian, a Post Chaplain, and a Sergeant-at-Arms who shall be nominated from the floor at the meeting preceding the annual election.
Section 3. All officers and executive committeemen shall be elected annually and they shall hold office until their successors are duly installed or as otherwise provided. Any officer or executive committeeman may be removed for inefficiency by the Executive Committee, a two-thirds vote of said committee being necessary to effect such removal.
Section 4. Elections of Post Officers will be held not less than 30 (thirty) days nor more than 120 (one hundred twenty) days prior to the annual Department Convention. The newly elected Post Commander shall be a delegate to said Department Convention and shall attend the same as such delegate. Newly elected Post Officers shall be installed not later than 45 days after the close of the annual Department Convention, and all Post officers shall have paid their dues for the year of their term of office by the time of their installation.
Section 5. Every member of this Post in good standing shall be eligible to hold office in this Post.
Section 6. The duties of officers and the Executive Committee shall be those usually appertaining to such officers or committee and as further provided in the By-Laws.

Article VI
Finance
Section 1. The revenue of this Post shall be derived from annual membership dues, donations and from such other sources as may be approved by the Executive Committee.
Section 2. The amount of such annual Post dues shall be fixed and determined by this Post.
Section 3. The Post shall pay to Departmental headquarters the National and Departmental annual membership dues for every member of the Post.

Article VII
American Legion Auxiliary
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Snyder-Lewis-Welty Post 454, The American Legion.
Section 2. Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.

Article VIII
Sons of the American Legion
Section 1. This Post recognizes a Squadron of the Sons of the American Legion to be known as Snyder-Lewis-Welty Squadron, Sons of the American Legion.
Section 2. Membership in the Sons of the American Legion shall be as prescribed by the National Constitution of the Sons of the American Legion.

Article IX
Amendments
Section 1. This Constitution is adopted subject to the provisions of the national Constitution of The American Legion and the Department Constitution of the Department of Michigan, The American Legion. Any amendment to said National Constitution of 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 the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of the Post, and providing, further, written notice shall have been given to all members at least five (5) 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.

Article X
Repeal and Effect Clause
Any Constitution of Snyder-Lewis-Welty Post 454, The American Legion, Department of Michigan, as it existed prior to the vote of said post on _________________, is hereby repealed. This Constitution shall take effect immediately upon the approval of the Staff Judge Advocate, Department of Michigan.

By-Laws
ARTICLE I
Section 1. The post existing under these By-Laws is to be known as Snyder-Lewis-Welty Post 454, The American Legion, Department of Michigan.
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 is entrusted to an Executive Committee of seven (7) members, to be know as the “Executive Committee.”
Section 2. The Executive Committee shall consist of the duly elected officers of the post as outlined in the Constitution. Said officers shall be elected annually not less than 30 (thirty) days nor more than 120 (one hundred twenty) days prior to the annual Department Convention. Officers shall take office after installation.
All elections of officers shall be by ballot and the candidate receiving the highest number of votes shall be elected to the respective office for which they are a candidate. All Post officers shall have paid their dues for the year of their term of office by the time of their installation.

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 and a person so appointed shall hold office for the unexpired term of the member of the committee or officer who succeeded. A vacancy shall exist when a member or officer is absent from the 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 my come before it at the call of the Post commander within twenty (20) days after the installation of the new officers. Thereafter the Post Executive Committee shall meet at the call of the commander at least every two (2) months 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, four 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 Post 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 this Post.
ARTICLE IV
DUTIES OF OFFICERS
Section 1. Duties of 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. 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 other such duties as directed by the Post.
Section 2. Duties of the 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 the 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 my require, render reports of membership annually or when called upon at a meeting, and under direction of the commander handle 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 Executive Committee the condition of the finances of the Post, with such recommendations as may deem expedient or necessary for raising funds with which to carry on the activities of the Post. The finance officer shall sign all checks disbursing the monies of the Post, and shall furnish such surety bonds in such sum as shall be fixed by the Post Executive Committee.
Section 5. Duties of the 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 or the Executive Committee.
Section 6. Duties of the Post Chaplain. The Post chaplain shall be charged with the spiritual welfare of the Post 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 7. Duties of the Sergeant-at-Arms. The sergeant-at-arms shall preserve order at meetings and shall perform such other duties as may be from time to time 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 the same time as officer elections.
Section 2. The newly elected commander shall serve as one delegate. The post shall elect additional delegates, one (1) for each fifty (50) Post members or fraction thereof. There shall be one (1) alternate delegate for every three (3) delegates or fraction thereof.
ARTICLE VI
APPOINTMENTS
Section 1. The Post commander, immediately upon taking office each year may appoint standing committees as he or she deems necessary. Among those committees considered should be Americanism, Ceremonials, Children and Youth, Economic, Finance Foreign Relations, Graves Registration and Memorial, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, National Security, Sons of the American Legion and Visiting or VAVS. Suggested duties for listed committees may be found in the National Officer’s Guide and Manual of Ceremonies.
Section 2. The Post commander, immediately upon taking office each year will appoint a service officer and other positions as he or she deems necessary.
Section 3. The Post commander may appoint ad hoc committees from time to time as he or she deems necessary.

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 headquarter for approval before any publicity is given or action other than mere passage by the Post is taken.
ARTICLE VIII
MEETINGS
Section 1. The regular meeting of the Post shall be held at the club rooms on the first Thursday of each month at 7:00 PM, 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. Should circumstances preclude a regular meeting on the first Thursday of the month at 7:00 PM, primarily due to emergency, weather or a holiday, then the post commander may at his or her discretion cancel the meeting or reschedule it to another date.
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 written request of 10% of the paid-up membership, the Executive Committee shall call a special meeting of the Post.
Section 4. Eight (8) members, including four (4) officers, shall constitute a quorum.
Section 5. The Post must conduct, open and close all regular meetings as per the National Officer’s Guide and Manual of Ceremonies or it’s succeeding publication.
ARTICLE IX
NOTICES
Section 1. Every member shall furnish the Post adjutant with an address for mailing and electronic communications.
Section 2. The Post commander shall publish or direct the publishing of a newsletter at least twice annually. The publishing dates shall be in the month of July and the month of February. This communication may be distributed to members either electronically or by US Postal Service or a combination thereof.
Section 3. Notification of the annual election shall be included in the February newsletter.
ARTICLE X
RULES OF ORDER
Section 1. All proceedings of this Post shall be conducted under and pursuant to Roberts’ Rules of Order, except as herein otherwise provided.
ARTICLE XI
LIMITATIONS OF LIABILITIES
Section 1. The Post shall incur, or cause to be incurred, no liability nor obligation 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 next preceding 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 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.
Section 2. This Constitution and By-Laws is adopted subject to the provisions of the National Constitution and By-Laws of The American Legion and the Department of Michigan Constitution and By-Laws. Any amendment to the National Constitution and By-Laws or Department of Michigan Constitution and By-Laws which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this Constitution and By-Laws to the extent of such conflict.
ARTICLE XIII
REPEAL AND EFFECT CLAUSE
Any By-Laws of Snyder-Lewis-Welty Post 454, The American Legion, Department of Michigan, as they existed prior to the vote of said post on _________________, are hereby repealed. These By-Laws shall take effect immediately upon the approval of the Staff Judge Advocate, Department of Michigan.