POST COMMANDER'S CORNER
11/5/2024 Post 223 Standing Rules of Order (signature copy available at post for inspection)
The American Legion
7327 Slacks Road
Sykesville, Maryland 21784
SYKESVILLE MEMORIAL POST NO. 223
STANDING RULES OF ORDER
The Standing Rules of Order of American Legion Post No. 223 contained herein are, to the best of our knowledge, is a complete consolidation of the Amendments that have been added to the Post By-Laws over the years with the last Amendments approved by Post 223 in the General Membership Meeting on April 17, 2024.
ARTICLE 1 - INTRODUCTION
Section 1: The Post, existing under these By-laws, is to be known as Sykesville Memorial Post No. 223, The American Legion, Department of Maryland Incorporated.
Section 2: The objectives of this Post are set forth in the Constitution of the American Legion Department of Maryland and The National American Legion.
Section 3: The dues for this Post shall be established by the Executive Committee, whose members will be voted on by the Post Membership. The dues shall be based on the National, Department, and Post requirements.
ARTICLE 2 - MANAGEMENT
Section 1: The government and management of the Post is entrusted to an executive committee to be known as the "Executive Committee."
Section 2: The Executive Committee shall consist of Trustees, as outlined in Section 3, and together, with the other officers of the Post, elected annually at the meeting immediately preceding the Department Convention and taking office upon adjournment of that meeting. Other officers shall consist of: Commander, 1st Vice Commander, 2nd Vice Commander, Adjutant, Chaplain, Finance Officer, Assistant Finance Officer, Judge Advocate, Resource Officer, Historian, Sergeant atAnns, Senior Color Bearer, Junior Color Bearer, and D.E.C. Representative.
Section 3A: The outgoing Post Commander will automatically serve as a One (1) Year Trustee if they so desire. If there is not an outgoing Post Commander in a given year, or the Outgoing Commander chooses not to take the sixth (6th) Trustee position, the Executive Committee shall be limited to five (5) trustees.
Section 3B: The Trustee(s) whose term has expired shall also be elected at the meeting next preceding the Department Convention and take office upon adjournment of that meeting New Trustee(s) will serve for a term of three (3) years.
Section 3C: In order to provide continuity from one Administration to another, the progression of the above-mentioned Trustee(s) shall be as follows:
- One or two (2) members will be elected as Trustee(s) to serve for a three (3) year term.
- The Three-Year Trustee(s) from the preceding year will automatically serve in the Two-Year Trustee position.
- The Two-Year Trustee(s) from the preceding year will automatically serve in the One Year Trustee position.
Section 4: All vacancies existing in the Executive Committee, or in any elective office of the Post for any cause other than the expiration of term, shall be duly nominated and filled by a majority vote of the remaining members of the Executive Committee, and a person so appointed shall hold office for the remaining portion of the term of the member of the committee or officer whom he succeeds. A vacancy shall exist when a member of the committee or officer is absent from their post for a continuous period considered detrimental to the interest of the Post by the Executive Committee or, when a member or officer has been absence from two consecutive meetings of the Executive Committee without a reasonable excuse. In either case, the Executive Committee shall direct the Adjutant to communicate with the officer or member and ascertain from him/her, in writing, the reason for their absence. The reply, together with the Executive Committee's recommendation, will be submitted to the Executive Committee for action. A failure to reply within fifteen (15) days of the request for explanation of their absence will be sufficient cause for removal of the officer or member from the office or membership on the Executive Committee.
Section 5: Nominations of officers for the Post shall be held the two meetings prior to election night, after which no write-in candidates may be added to the ballot. No one will be pennitted to vote unless they present a paid-up and signed membership card, or is vouched for by the Post Adjutant. The Adjutant or an Officer designated by the Commander will have a ballot prepared with the names of all Candidates printed thereon.
Should a ballot become mutilated, the whole ballot must be returned to the Adjutant who will issue a new ballot. The tellers shall check the number of ballots cast against the number issued. In the event the number cast exceeds the number issued, all ballots shall become null and void and new ballots will be issued. The polls will be open to receive ballots from 1:00 p.m. to 7:00 p.m. on the day of the June General Membership Meeting. The candidate receiving the majority number of votes shall be declared elected.
If all candidates are unopposed, no election will be required to be held. The Adjutant will then cast one unanimous ballot at the next regular meeting for finalization of the appointment of officers.
Section 6: No individual shall be elected to the office of Commander for more than two consecutive years.
In the event no one else is nominated to and accepts the position, the sitting Commander may serve for additional years if approved by a two-thirds vote of the General Membership Body.
Section 7: In the event of a tie, for any office, the members present at the meeting on the night of elections will vote for the tie-breaker.
Section 8: The Commander shall appoint an Election Committee charged with conducting the election of Officers and Trnstees. The Post Adjutant wi11 be a member of this committee.
Section 9: No Legionnaire who is a paid employee or paid concessionaire of The American Legion can be nominated and/or elected as an officer. No officer can be a paid employee or paid concessionaire of the American Legion unless they resign their office.
Section 10: No Legionnaire may be a direct or indirect supervisor or vote on any matter pertaining to employees who are relatives of said Legionnaire.
ARTICLE 3 - 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 officers. Thereafter-,the Post Executive Committee shall meet at the Post Home the first Wednesday of each month at 7:00 P.M. The Commander may call a meeting of the Post Executive Committee anytime, at their discretion. The Commander may contact the members of the Executive Committee by telephone to solicit their vote on matters requiring immediate action or attention. The Commander shall call a meeting of the Post Executive Committee within five (5) days upon the joint written request of three (3) or more members of said committee. The Commander will be responsible to notify all members of the Executive Committee immediately. Seven members of the committee shall constitute a quorwn thereof. The Post Executive Committee must approve or disapprove all other committee recommendations except the House Committee which must report its recommendations to the Executive Committee.
Section 2: The Post Executive Committee shall authorize such funds to be approved as follows: $3,000 to $5,000 to be approved by majority of the Executive Committee with three (3) written bids, improvements to the Post Home exceeding $5,000 to be approved by the majority of the Executive Committee with three (3) written bids which will be presented to the membership for approval by a majority of the voting members present. The Executive Committee shall require adequate bonds (based on the cash assets available) for all persons having custody of Post funds; shall hear the reports of Post Committee Chairmen; and generally, shall have charge of and be responsible for the management of the affairs of this Post. The Post Commander must approve expenditures under $3,000.
Section 3: In the event the House Committee determines that it is impractical to obtain 3 bids, a sole-source contract may be approved by a two-thirds vote of either the Executive Committee or General Membership.
Section 4: The authorization for the emergency expenditure of funds, without three (3) written bids may be approved by two-thirds majority of the Post Executive Committee or the General Membership quorum present and voting. Expenditure of funds in a declared emergency does not require the prior approval of the general membership.
ARTICLE 4 - 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, to have general supervision over the business and affairs of the Post, and such officer shall be the Chief Executive Officer of the Post. He/she shall make an annual report covering the business of the Post for the year and recommendations for the ensuing years, which shall be read at the annual installation of officers. They shall perform such other duties as directed by the Post.
They will be the exponent of means of safeguarding the honor of the Flag of our Country. The Second Vice Commander will assist the Commander in all their duties. They should be interested in patriotic observances, developing Post activities. The Second Vice Commander shall also serve as the Public Relations Officer of the Post, coordinating the advertisement of Post programs, working with local media to promote Post programs.
Section 3: Duties of Post Adjutant: The Adjutant shall have charge of and keep a full and correct record of the proceedings of all meetings, record such meetings by electronic means in a timely manner, keep such records as department and national organizations may require on site, 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: Assistant Adjutant: Under nonnal circumstances, the duties of the Assistant Adjutant will be those duties assigned by the Adjutant from their normal duties. In the event of an extended absence of the Adjutant due to illness, vacation, etc., the Assistant Adjutant will assume the duties of the Adjutant.
Section 5: Duties of the Finance Officer: The Finance Officer of the Post shall be responsible for accounting of all finances and see that they are safely deposited in some local bank or banks, and shall report the checking account transactions at each meeting to the Post membership, and quarterly shall report other cash investments. They shall sign all checks disbursing the moneys of the Post as approved under Article 3, Section 2. They shall furnish, at the Post's expense, a surety bond, in such sum as shall be fixed by the Executive Committee. The Finance Officer shall ensure that signature cards arefilled in, signed, and filed with the Post bank (or banks) for signatures on checks by the four (4) or five (5) officers authorized to sign checks. The four (4) or five (5) officers shall be the Commander, Finance Officer, First Vice Commander, and Assistant Finance Officer, or other Officers as appointed in writing by the Post Commander to be a signatory. Only two signatures are required for check approvals. Under normal circumstances, this will be the Post Commander and the Finance Officer. The First Vice Commander and Assistant Finance Officer or other Officers as appointed in writing by the Post Commander to be a signatory will sign checks only when necessary or during extended absence of the Commander and the Finance Officer. The Finance Officer shall ensure that an independent auditor conducts an audit of the Post financial records annually. The results of the audit will be reported to the Executive Committee and available to the membership upon request. The Finance Officer shall process Payroll bimonthly after receiving hours worked and tips per week for all employees. Processing payroll includes, but is not limited to, input of employee data into payroll system, record hours worked and tips, pay types, i.e.: base pay, holiday pay, vacation pay bonus pay, etc. maintain hard and soft copies of payroll per cycle and update base pay rates when authorized.
Section 7: 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 detenuined by the Post Executive Committee.
Section 8: Duties of the Post Chaplain: The Post Chaplain shall be charged with the spiritual welfare of the Post Comrades, 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 9: Duties of the Sergeant-at-Anus: The Sergeant-at-Anus shall preserve order at all meetings and shall perform such other duties as may be, from time to time, assigned to him/her by the Post Commander.
Section 10: Resource Officer: The Resource Officer shall handle the resource work of the Post and shall perform such duties as may be, from time to time, assigned to him/her by the Post Commander.
Section 11: Color Bearer: The Color Bearer shall have charge of the Post Colors at all meetings and ceremonies conducted by the Post and shall perform such duties as may be, from time to time, assigned to him/her by the Post Commander. The Color Bearer will also have charge of ensuring that the colors on the flagpoles outside the Post Home are in good order and will recommend changing said colors if any fall into a poor condition.
Section 12: Junior Color Bearer: The Junior Color Bearer shall act, in the absence of the Color Bearer, as the Color Bearer in the absence of same, and shall perform such duties as may be, from time to time, assigned to him/her by the Post Commander. The Color Bearer will also have charge of ensuring that the colors on the flagpoles outside the Post Home are in good order and will recommend changing said colors if any fall into a poor condition.
Section 13: Judge Advocate: The Judge Advocate shall advise the Post Officers and the Post Executive Committee on all legal matters relating to the Post, including the interpretation and construction of the Post Constitution and By-Laws, and shall perform such duties as are incident to this office, including rules of order.
Section 14: Only duly elected/appointed Legion Officers ("Legionnaires"), the Post Manager, or non-Legion Officers given limited/specific written authority by the Post Commander have the authority to provide direction to post employees, volunteers, vendors, Post members and guests.
ARTICLE 5 - DELEGATES
Section 1: Delegates and Alternates to the Annual Department Convention will be nominated and elected at the regular Post General Membership meeting in March.
Section 2:A record of the voting for Delegates will be retained, particularly pertaining to Alternates. Alternates will be named Delegates according to the order of the highest number of votes received in the event the Post becomes entitled to additional Delegates or if a Delegate withdraws.
Section 3: The outgoing Commander will head the delegation to the Department Convention and the incoming Commander will be a member of the delegation along with the Department Executive Committee Member(s), and County Commander, if a member of Post 223.
Section 4: The outgoing Commander will appoint members to fill any vacancy that occurs for any reason that cannot be filled by an election of Delegate or Alternate by such date as will be required by the Department of Maryland.
Section 5: Only delegates who have been members of the Post for one year prior to the March General Membership Meeting and who have attended three (3) Post General Membership Meetings of this Post during the previous 12 months may receive Post funds to offset their expenses while attending the Department Convention. The amount of stipend funds will be determined by the general membership and documented in the general membership meeting notes and standing ByLaws. Official delegates representing the post will be given a stipend to help offset the cost of attendance.
ARTICLE 6 - APPOINTMENTS
Section 1: The Post Commander, immediately upon taking office each year, shall appoint in writing the following standing committees: Membership, House, Finance, Publicity, Standing Rules of Order, Hall Rental, Americanism and such other committees as may be deemed necessary. Such standing committees shall consist of such members and the chainnan thereof, totaling an odd number of members, as designated by the Post Commander.
Section 2: Membership Committee: The Membership Committee shall have charge of all matters pertaining to membership of the Post, including the procuring of new members, reinstatement, and eligibility of members. The Post Executive Committee must approve all committee recommendations.
Section 3: House Committee: The House Committee shall have charge of all matters pertaining to the care of the Post Quarters, promotion of club advantages, and arrangements for social activities. The Post Executive Committee must be advised of House Conm1ittee's activities.
Section 4: Finance Committee: The Finance Committee shall be charged with the administration of the financial policy, preparation of the budget, recommendations and supervision or receiving, disbursing and accounting of all Post funds. The Post Executive Committee must approve all committee recommendations.
Section 5: Publicity Committee: The Publicity Committee shall be charged with the promotion of public support of the Legion's program by establishment of proper contact with the American Legion Monthly, Department and National Legion News Service and by local publicity of Post programs and activities.
Section 6: Americanism Committee: The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangement for proper observance of patriotic occasions, encouragement of patriotic and civic phases of instruction in schools, Americanism of aliens, combating anti-American propaganda by education of the general public in American ideals through public forums, etc., and activities for community and civic betterment.
Section 7: Hall Rental: The Post Manager must ensure all hall rentals are conducted in accordance with the Post 223 Hall Rental Agreement. Any deviation from the rates, rules, or procedures set forth in the Hall Rental Agreement must be cleared with the Post Commander. The Post Manager will coordinate the set-up of the hall, stocking and operation of the bar, and preparation and serving of the food and monitor conduct of the guests for all hall rentals. The Post Manager may also provide use of the Hall at no charge for the wake of any deceased Post No. 223 Legionnaire, Unit No. 223 Auxiliary member, or Squadron No. 223 member who were a paid-up member in good standing at the time of their passing.
Section 8: Standing Rules of Order: Standing Rules of Order Committee will meet when requested to do so, by the Post Commander for the express purpose of reviewing the Post Standing Rules of Order. Any recommended changes, corrections, or clarifications of the Post Standing Rules of Order will be presented to the General Membership in the form of proposed amendments to the Standing Rules of Order.
ARTICLE 7 - RESOLUTIONS
Section 1: All resolutions of State or National scope presented to this Post by a member or reported to this Post by a Conm1ittee shall merely embody the opinion of this Post on the subject and copy of same shall be forwarded to the Department Head Quarters for its approval before any publicity is given or action other than mere passage by the Post is taken.
ARTICLE 8 - MEMBERSHIP MEETINGS
Section 1: The regular meeting of the Post Membership shall be held at the Post Home on the third Wednesday of each month at 7:00 P.M. at which may be transacted such business as may properly be brought up for action; provided that the Post, at a regular meeting by the majority vote of the members present, may change the time of the subsequent meeting.
Section 2: The Post Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post at any time.
Section 3: Upon the written request of thirty (30) members, the Executive Committee shall call a special meeting of the Post.
Section 4: Eleven (11) members shall constitute a quorum.
ARTICLE 9 - NOTICES
Section 1: Every member shall furnish the Post Adjutant with their mailing address for mailing purposes as well as a working telephone number. They may also furnish the Post Adjutant with a valid email address at the member's discretion. This information will be kept confidential and never sold to commercial mailing lists.
Section 2: The Post Adjutant shall post notice of the annual Post election at least two weeks prior to the election.
ARTICLE 10 - 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 11 - REQUIREMENTS FOR MEMBERSHIP
Section 1. Any person shall be eligible for membership in THE AMERICAN LEGION who was a member of the Army, Navy, Marine Corps, Coast Guard, Air Force or Space Force of the United States and assigned to active duty at some time during any of the following periods: December 7, 1941, to the present, and includes the current war campaigns, to the cessation of hostilities as determined by the government of the United States; all dates are inclusive, or who, being a citizen of the United States at the time of their entry therein, served on active duty in the armed forces of any government associated with the United States during any of said periods; provided , however that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided further, that no person shall be entitled to membership who, being in such service during said periods, refused on conscientious, political, or other grounds subject himself to military discipline or unqualified service.
Section 2. All eligible applicants for membership must be accepted by a majority vote of the General Membership present and voting at a Post General Membership Meeting.
Section 3. There shall be no form or class of membership except an active membership, and dues shall be paid ammally or for life.
Section 4. No person may be a member of more than one Post at one time.
Section 5. 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 asked for and denied by such post, they may then appeal to the Executive Committee of the department of the expelling post.
Section 6. A permanent record of the documentation verifying eligibility for membership in The American Legion for all Post members shall be maintained in the Commander's Office.
Section 7. Documentation for eligibility in the SAL for Squadron 223 members shall be maintained in the Commander's Office.
ARTICLE 12 - LOUNGE OPERATION
Section 1:The Post will be open every day except Easter Sunday, Thanksgiving Day and Christmas Day, and the Post lounge will close at 6 p.m. Christmas Eve.
Section 2: The Lounge may also be closed for commemorative or memorial services as designated by the Post Commander.
ARTICLE 13 - RULES FOR LIFE MEMBERSHIPS PAID BY POST 223
Section 1: Any member selected for award of an Honorary Life Membership must have been an active member of this Post for at least ten (10) years. Any member selected must have been active in Post programs and activities and shall have performed outstanding service in furthering Post and/or American Legion goals.
Section 2: Any Post 223 member in good standing may nominate a qualified Post member to receive this award. All recommendations must be made, in writing, fully
justifying the recommendation and presented at a General Membership meeting; any necessary discussion of the nomination will be performed at that time.
Section 3: Voting shall occur at the subsequent General Membership meeting; any additional necessary discussion of the nomination will be perf01med prior to the voting. The voting shall be by secret ballot. The candidate and nominating-member are not eligible to vote. The nomination requires a three-quarters majority of the votes to be approved; abstentions do not count toward this ratio. The votes shall be tallied immediately by a group of three volunteer voting members. Upon completion of the tally, the ballots shall be made available to any member who wishes to examine them. Any discrepancies shall be raised at that time.
Section 4: The Honorary Life Membership shall become effective immediately after any member who wishes to examine the ballots has done so and any discrepancies have been resolved. The Honorary Life Membership Awards will be presented at a future General Membership Meeting or other significant event. The cost of the award is established by the Department of Maryland and paid by the Post.
Section 5: The Post will pay the annual membership dues of all Honorary Life Members. No reimbursement will be made to any Honorary Life Member who has already paid their dues, this includes members who are Paid-up-for-Life (PUFL) members.
Section 6. Honorary Life Members will retain this honor while they remain in good standing at this Post.
ARTICLE 14- POST DISCIPLINARY HEARINGS
Section 1: Membership in The American Legion can be affected by: failure to pay renewal dues by January 1 of the succeeding year; resignation; death; and loss of membership due to disciplinary action under Article 14 of the By-laws by Post action. In reference to Article 14 of the By-laws for discipline of members of their Post; the following requirements are mandatory conduct for the basis of charges: disloyalty; neglect of duty; dishonesty; conduct unbecoming a member of the American Legion.
Section 2. Method of Charges:
- Charges must be made under oath by the accuser(s).
- Must be in writing.
- No member shall lose membership until given a fair trial by the Post in the manner and fonn a provided in Article 14.
- Charges shall be filed with the Post Commander or Post Adjutant.
- A copy of the charges shall be served upon the accused by either an officer of the Post who shall certify as to the delivery of said charges into the presence of the accused; or by registered mail directed to the address of the accused shown on the current year's membership record of the Post; copy of the charges served shall contain a notice to the accused of the date, time and place of the hearing of such charges but no such hearing shall be sooner than fifteen (15) days from the date service has been obtained.
- Copies of all papers served upon the accused and certification of the officer who made the service or a return receipt signed by the accused reflecting the registered mail service shall be preserved in the Post records for reference and in the event of an appeal.
- The accused shall be entitled to obtain representation at said Post hearing and to cross-examine all witnesses for or against him.
- Reasonable postponements shall be accorded to permit the hearing to be held at such time as will best ensure production on the charges except/provided that the accused may insist upon the hearing within thirty (30) days of service of charges upon him.
- The Trial Committee must not contain any members of the Post who are due to testify against the accused or accusers, or who are the accusers.
Section 3. Punishment: By two-thirds of the majority of the Trial Committee present and voting and upon the findings of a member guilty, the member may be: reprimanded; membership suspended for a time not to exceed one year; or expelled from The American Legion. Notice of the suspension or expulsion shall be sent immediately to the Department Adjutant and said decision shall be final unless changed by the Department Executive Committee.
Section 4. Appeal Provision
- Any member who has been so disciplined has the right to appeal to the Department Executive Committee, whose decision on the appeal shall be final.
- The appeal must be filed in writing and filed with the Department within thirty(30) days after the action appeal fonn is taken.
- If the punishment is suspension or expulsion from the American Legion, the accused may also appeal personally before an Appeals Committee named by the Department Commander, which Committee shall report its findings and recommendations to the Department Executive Committee.
- When an appeal is taken and sent to the Department, the Post shall be notified by the Department and given at least twenty (20) days to answer said appeal and if a request is made for the Post to appear before the Appeals Committee, the Post shall be given at least twenty (20days'notice and afforded an opportunity to also appear.
- Information and documents required by the Department in order to process an appeal shall consist of:
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- All written records and copies of charges filed against the accused;
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- Transcripts of any testimony by witnesses and the accused, which testimony should be taken by a court reporter and must be taken under oath as required by Rule 1-303 of the Maryland Rules of Procedure of the Annotated Code of Maryland, and Rule 1-304, which states; the statement of the affiant may be made before an officer authorized to administer an oath or affirmation, who shall certify in writing to having administered the oath or taken the affirmation, or may be made by signing the statement in one of the following forms:
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- Generally. "I solemnly affirm under the penalty of perjury that the contents of the foregoing paper are true to the best of my knowledge, infonnation and belief."
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- Personal Knowledge. "I solemnly affirm under the penalty of perjury and upon personal knowledge that the contents of the foregoing paper are true."
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ection 5. Internal Post Discipline
- Nothing in this Article shall prohibit a Post from taking any reasonable and lawful action against a member in order to maintain order and decorum regarding the use of Post facilities and thereby deny its use for a period not to exceed two (2) years.
- A Post Officer, after receiving thirty (30) drays' notice of the intended action, may be removed from their office for: neglect of duty; conduct unbecoming the office held, by action of two-thirds of the membership of the Post present and voting a regular meeting and no formal charges shall be necessary to initiate said removal. However, the Post Officer shall be entitled to know the reason for such action and upon request, he may be heard at a regular meeting in their own defense either before or after the action shall have been taken, and if their defense is heard for the first time after the action has been taken the membership of the Post shall reconsider his removal from office.
Note: If the rules are not complied with, then Department must send the appeal back to the Post for further hearing and compliance with the rules and regulations as stated herein. If any tapes are made of the trial, these tapes must be considered as evidence and preserved and a transcript of same shall be the responsibility of the Post and not the responsibility of the Department.
ARTICLE 15 - SUBORDINATION OF POST NO. 223 BY-LAWS
The governing of Sykesville Memorial Post No. 223 shall be in accordance with these By-Laws, the Department of Maryland and National American Legion By-Laws. Post No. 223 By-Laws are subordinate to the Department of Maryland and National American Legion By-Laws.
ARTICLE 16 - AMENDMENTS
Section 1: These By-Laws may be amended at any General Membership meeting by a vote of two-thirds of the members attending said meeting; provided the proposed amendments have been submitted by any member in writing and read at the preceding regular meeting of the Post; and provided further that written notice has been given to all members present at the previous General Membership meeting in advance of the date the 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; provided, however, no amendment shall be adopted inconsistent with the foregoing provisions of the Constitution, except with the prior written approval of the Department Executive Committee.
We, the undersigned, certify that the General Membership of Sykesville Memorial Post 223 approved this document by two thirds vote of those members present and voting on April 17, 2024.
Post 223 Constitution and Bylaws
CONSTITUTION OF
Sykesville American Legion Memorial Post 223
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 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 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.
ARTICLE I - NAME
Section 1. The name of this organization shall be
Sykesville American Legion Memorial Post 223
, hereinafter referred to as the “Post.”
Section 2. The Post is chartered in The American Legion, Department of Maryland Incorporated,
herein referred to as the "Department."
Article II - Nature
Section 1. The Post is a civilian organization; and membership therein does not affect nor increase
liability for military or police service. Rank does not exist in the Post; no member shall be
addressed by military or naval title in any meeting of this Post.
Section 2. The Post shall be absolutely nonpolitical and shall not be used for the dissemination of
partisan principles nor for the promotion of the candidacy of any person seeking public office or
preferment.
Section 3. The Post shall not be a member of, or affiliated with, any organization, committee,
association, council, or group whereby The American Legion might be committed to a policy contrary
to that adopted by The American Legion.
ARTICLE III - ELIGIBILITY
Section 1. Eligibility for membership in the Post shall be as prescribed by the National
Constitution of The American Legion, Article IV – Eligibility, Section 1.
Section 2. There shall be no form or class of membership in the Post except an active membership,
and dues shall be paid annually or for life.
Section 3. Social or honorary memberships are specifically prohibited. This provision does not
preclude this Post from awarding honorary life membership to Post members utilizing the Post’s
rules, or policies, for awarding honorary life members.
Section 4. No person shall be a member at any time of more than one Post.
Section 5. Application for membership shall be made in writing under such regulations as may from
time to time be adopted by the Post at a regular or special meeting.
Section 6. 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 7. No person, who has been expelled by another Post, shall be admitted to membership of
this Post without the consent of the expelling Post. Where such consent has been asked for and
denied by such Post, the expelled member may then appeal to the Executive Committee of the
Department of the expelling Post for permission to be admitted to membership in this Post. The
expelled member shall be ineligible for membership until such permission is granted. If permission
is granted, this Post must approve the application for membership utilizing the procedures in
Section 6 above.
Section 8. No member having charges filed by this Post shall be eligible for transfer to another
Post within the Department until such charges are adjudicated.
ARTICLE IV - POST OFFICERS
Section 1. The elected officers of the Post shall include the following: Commander, Vice Commander
(one or more), Judge Advocate, Adjutant, Finance Officer, Historian, Sergeant-at-Arms, and
Chaplain. Subject to the approval of the Post membership, the Post Commander may appoint a Resource
Officer, Assistant Adjutant, Assistant Finance Officer, and such other appointed officers as deemed
necessary. It shall be optional to combine the offices of Adjutant and Finance Officer, and to
appoint, in lieu of electing, a Historian, Sgt-at-Arms, and Chaplain.
Section 2. The Post Officers shall concurrently serve as the Corporate Officers of the Post
Corporation. In such capacity the Corporate Officers are additionally governed by the Standards of
Care as codified in Maryland Corporations and Associations Article of the Code of Maryland, now in
force, or as amended in the future.
Section 3. Any member in good standing in the Post shall be eligible to hold office in the Post. No
Post Officer may be an employee of this Post, and serve as a Post Officer concurrently.
Section 4. Officers shall be elected annually at least 20 days before the opening of the Department
Convention, or appointed as provided in Section 1 above.
Section 5. Elected officers shall assume their duties as such within twenty days after the closing
date of the Department Convention.
Section 6. Appointed officers shall assume their positions upon being designated by the Commander
and approved by the Post Membership.
Section 7. The officers shall serve one (1) year terms, and shall hold office until their
successors are duly elected, appointed, or as otherwise provided.
Section 8. The Spouse of a Post Officer may be an employee of this Post. However, the Post Officer
must remove themselves from any employment-related issues of the employee Spouse. This Post may
establish additional conflict of interest restrictions for Post Officers in the Post Special Rules
of Order, or Standing Rules.
Section 9. Each officer shall have only one vote at the Executive Committee and Post Membership
meetings respectively.
Section 10. No member may hold more than one elected office at a time.
ARTICLE V - POST EXECUTIVE COMMITTEE
Section 1. The Post Executive Committee, hereafter referred to as the Executive Committee, shall
have the administrative authority to act between Post Membership Meetings on matters of urgency
coming before the Post, and shall act on such matters as may be referred to it from time to time by
the Post Membership for consideration, recommendation, or final disposition, as the case may be.
The Post Executive Committee serves concurrently as the Post Corporate Board of Directors.
Section 2 The Executive Committee shall be comprised of the elected officers of the Post as
provided in the Post Constitution, Article IV – Post Officers, Section 1, and an even number of
Executive Committee members elected at-large of which there shall be at least 2, but no more than
6. The number of at-large Executive Committee members to be elected shall be set in the Post
Special Rules of Order, or Standing Rules.
Section 3. The Executive Committee shall authorize or recommend, as applicable, all non-budgeted
expenditures exceeding the Post spending threshold as established in the Post Special Rules of
Order, or Standing Rules; require adequate money for payment of all Post liabilities, and crime and
fidelity insurance for all persons having the custody of Post funds in accordance with Article XIV,
(Monies and Collections), Section 1 of the Department Bylaws. They shall also have charge of, and
be responsible for, the management of the affairs of the Post, subject to approval or ratification,
as applicable, by the Post Membership, or otherwise as provided; and may hear the reports of Post
Committee Chairpersons.
ARTICLE VI - FINANCE
Section 1. The revenue of the Post shall be derived from membership dues and from such other
sources as may be approved by the members of the Post, unless provided otherwise.
Section 2. Annual membership dues are due between October 20th and December 31ˢᵗ of each year for
the succeeding year and the amount of dues for the succeeding year shall be fixed and determined by
the Post membership no later than the preceding February Post membership meeting. At no time shall
the dues of the Post be lower than the per capita rates of the National and Department combined.
Section 3. The annual dues shall be collected by the Post and transmitted promptly through the
Department or to the National Treasurer. Posts are designated agents for collection for The
American Legion with respect to such annual dues and upon the receipt thereof shall remit them
promptly to The American Legion. In no event shall the period transpiring between the receipt of
such annual dues by the Post and the remittance thereof to The American Legion exceed thirty (30)
days.
Section 4. The annual dues shall be collected in such alternative method as determined by the
National Executive Committee from time to time and thereafter communicated to the Department and
the Post; and any such alternative method shall be in addition to and not in substitution of
section 3 above.
Section 5. All expenditures shall be approved by the Post Membership, unless provided otherwise.
Section 6. All disbursements shall be authorized by the Post Commander, or by an Officer designated
in the Post Special Rules of Order or Standing Rules, this must be an Officer other than an
authorized signer for issuance of payments or checks.
Section 7. Budgeted expenditures, falling within the budgeted amounts, previously approved by the
Post, need not be approved by an additional vote of either the Executive Committee, or the Post
Membership. Non- budgeted items, or monies to be expended in excess of the approved budget, must
first be approved at a Post meeting.
Section 8. Notwithstanding the Non-Budgeted items provision in Section 7 above, the Post Membership
may establish in the Post Special Rules of Order, or Standing Rules, the maximum amount that the
Executive Committee shall be authorized to spend for emergency situations, where entering into
contract or where payment is due prior to the next Post meeting. The Executive Committee shall then
report the expenditure to the Post Membership at the next regular Post Membership Meeting.
Section 9. No individual, group of persons, or subordinate organization of the Post is authorized
to contract or incur any bills or obligations in the name of the Post nor act as the agent of the
Post for any such purpose whatsoever, except as in, Section 5, 6, and 7 above.
Section 10. The Post shall not incur, or cause to be incurred, any liability or obligation to any
other Post, subdivision, members of The American Legion, or other individuals, corporations, or
organizations.
Section 11. The accounts of the Post shall be audited, internally or externally, within ninety (90)
days after the end of the fiscal year, and the final report of the audit shall be delivered to the
members of the Post at the next Post Membership Meeting. If an internal audit is to be conducted,
the Post Executive Committee shall appoint an Audit Committee charged with the duty of auditing
Post financial accounts. No Officer having the duties of authorizing disbursements, or signing
checks may serve on the Audit Committee. The audit shall be done at least annually, or more
frequently at their discretion.
Section 12. Financial reports shall be made at all regular Post membership meetings and the reports
should not be accepted or approved, as they are subject to audit before approval by the Post.
Section 13. No real estate or leasehold property belonging to the Post or one of its subordinate
organizations shall be sold or disposed of in any way or have its title encumbered in any manner
without the Post notifying the District and Region Councils in which it is located, and the
Department in writing and without thereafter obtaining written approval of the Department Executive
Committee.
Section 14. Upon dissolution of the Post, none of its assets shall be distributed to any member, or
individual, or organization outside The American Legion, and such assets shall be transferred upon
demand to the Department. However, nothing herein shall be construed as requiring the Department to
take over or assume any financial responsibility as to Post property, assets, and/or liabilities.
ARTICLE VII - POST PROPERTY
Section 1. A request to dispose of any operable Post property shall require the approval of the
Post at a regularly scheduled Post Membership Meeting.
Section 2. Neither the Post nor its subordinate organizations shall distribute the proceeds from
any sale of real or personal property to its members.
Section 3. Real property belonging to the Post, whether owned or leased, shall be bought, sold,
encumbered or disposed of as provided in the Department Constitution & By-Laws, Rules of the
Department Executive Committee, and the Uniform Code for Buying, Selling, Leasing, or Encumbering
of Post Property.
ARTICLE VIII - CHANGE OF RESIDENCE
Any member, in good standing in the Post, transferring from the Post shall be entitled to a
certificate stating current membership therein and the duration thereof.
ARTICLE IX - AUXILIARIES
Section 1. The Post recognizes an auxiliary organization known as the American Legion Auxiliary,
Sykesville American Legion Auxiliary Unit # 223 .
Section 2. Membership in the American Legion Auxiliary shall be as prescribed by The American
Legion nationally.
Section 3. The Auxiliary Unit shall be governed by such rules and regulations as may be prescribed
by the National Executive Committee and thereafter approved by the Department.
ARTICLE X - PARLIAMENTARY AUTHORITY
Section 1. All Post meetings shall be governed by Robert's Rules of Order, Newly Revised, unless
otherwise provided.
Section 2. All meetings of the Post shall be conducted as provided in The American Legion’s
Officer’s Guide and Manual of Ceremonies.
ARTICLE XI - AMENDMENTS
Section 1. This Constitution may be amended at any Department Convention, in accordance with the
Rules of the Department Convention as adopted, and requires a majority vote of the total registered
and authorized representation thereat, provided that the proposed amendment shall have been
submitted through the Department Adjutant to all Posts and members of the Department Executive
Committee by mailing same to them at least thirty (30) days prior to the convening of the next
Department Convention, and provided further, it may be amended by unanimous vote at any Department
Convention without notice.
Section 2. Any part of this Constitution which is now, or which may become, inconsistent with the
Constitution of The American Legion and/or the Department of Maryland Constitution shall be
nullified and be replaced by the higher Constitution provision with which this Constitution is in
conflict.
BY-LAWS OF
Sykesville American Legion Memorial Post 223
ARTICLE I - POST EXECUTIVE COMMITTEE
Section 1. The Post Executive Committee, hereafter referred to as the “Executive Committee,” shall
meet for its organization, and such other business as may come before it, at the call of the
Commander within fourteen (14) days after the Post officers shall have assumed their positions.
Section 2. Thereafter, the Executive Committee shall meet at least once a month, or at the call of
the Commander, and as often as said Commander may deem necessary. All meetings of the Executive
Committee shall be conducted at the Post meeting location, unless prior notice of the location is
made at a regular Post Membership Meeting. The Executive Committee may meet in an alternative
location, or by alternate means as established in the Post Standing Rules, in an emergency
situation by notifying all Executive Committee members, and posting the change of location and/or
information on how to access the alternate means at the normal Post meeting location.
Section 3. The Commander shall call a meeting of the Executive Committee upon the written request
of three (3) or more Executive Committee Members.
Section 4. The Commander shall preside at all Executive Committee meetings. In the absence of the
Commander, the First Vice Commander or Second Vice Commander, in the order named, shall preside at
Executive Committee meetings. In the event of the absence of the Commander and all Vice Commanders,
the Adjutant shall call the meeting to order and such meeting shall elect its presiding officer.
Section 5. A majority of the members of the Executive Committee shall constitute a quorum thereof.
Section 6. Executive Committee meetings are open to all Post members in good standing. A Post
member, other than an Executive Committee member, shall have no voice, unless the Post member shall
have been recognized by the presiding officer.
Section 7. Notwithstanding the provision of Section 6 above allowing members to attend Executive
Committee Meetings, the Executive Committee may enter into Executive Session for discussions and
deliberations on matters requiring privacy or additional discretion. The Executive Committee must
report final actions taken to the Post upon final disposition of the matter, or provide updates on
progress of legal matters as appropriate.
Section 8. Minutes shall be kept of all Executive Committee meetings by the Adjutant. Post
Executive Committee minutes shall be read or distributed at the next regular Post membership
meeting following approval by the Post Executive Committee. Actions of the Post Executive Committee
may be ratified as appropriate.
ARTICLE II - VACANCIES
Section 1. In the event of the death, disability, removal, or resignation of the Commander, the
First Vice Commander shall assume the title and discharge the duties of Commander. If the First
Vice Commander is unable or unwilling to assume the office of Commander, the Second Vice Commander
shall ascend to the Office of Commander. An election shall be held to fill the office(s) of First
Vice Commander and/or Second Vice Commander as provided for in Section 2.
Section 2. Vacancies in elected offices, other than Commander, shall be filled by an election held
at the next regularly scheduled Post meeting to fill the unexpired term of the position vacated.
Nominations for any vacant elected office shall come from the floor at the next regularly scheduled
Post meeting.
Section 3. Vacancies that occur in any appointed office shall be filled by the Commander, subject
to approval of the Post Membership to fill the unexpired term of the position vacated.
ARTICLE III - DUTIES OF OFFICERS
Section 1. Commander. It shall be the duty of the Commander to preside at all meetings of the Post,
to have general supervision over the business and affairs of the Post, and shall be the Chief
Executive Officer of the Post.
The Commander shall appoint committees as necessary to carry out the programs and policies of The
American Legion and the Post. The Commander shall be ex-officio member of all committees, with the
exception of the Nominating Committee and Elections Committee, and shall perform such other duties
as may be directed by the Post Membership.
Section 2. 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 Commander. The
First Vice Commander shall also perform such other duties as may be assigned by the Commander or
the Post.
Section 3. Second Vice Commander (Optional). The Second Vice Commander shall assume and discharge
the duties of the office of First Vice Commander in the absence or disability of that officer, or
when called upon by the Post Commander. The Second Vice Commander shall perform such other duties
as may be assigned by the Commander or the Post, and shall assume and discharge the duties of
Commander in the absence or disability of both the Commander and the First Vice Commander.
Section 4. Judge Advocate. The Judge Advocate shall advise the Post Membership and Executive
Committee on all matters based off of American Legion experience. This includes the interpretation
of the Post Constitution and By-Laws. The Judge Advocate ensures the Post receives appropriate
legal support in legal matters, and acts as the presiding officer at Post hearings unless recused
due to being a party of the hearing (witness/defendant/plaintiff)The Judge Advocate shall perform
such other duties as are usually incident to the office, or assigned by the Commander or the Post.
Section 5. Adjutant. The Adjutant shall have charge of, and keep, a full and correct record of the
proceedings of all Post Membership and Executive Committee Meetings. The Adjutant shall also be
responsible for the safe keeping of all Minutes, which shall be retained within the Post. Upon
request, copies of Minutes shall be distributed to the membership. The Adjutant shall keep such
records and send such reports as may be required by the National Organization and the Department.
The Adjutant shall ensure the following reports and deadlines are met: 1) Consolidated Post Report,
Convention awards submissions, and End of year Reports (Due 1ˢᵗ Friday in June), 2) Certificate of
Elections (Due immediately after elections), 3) Post Data Report (due April 15th), 4) Post
Inspection Report (due Feb 1ˢᵗ or earlier by schedule), 5) Department Convention Delegate listing
(Due NLT 20 days preceding Department Convention). The Adjutant’s duties shall also include
handling all correspondence of the Post. They shall be responsible for all membership records and
processing. The Adjutant shall perform such other duties as may be assigned by the Commander or the
Post.
Section 6. Finance Officer/Treasurer. The Finance Officer/Treasurer of the Post shall have charge
of all finances and see that they are safely deposited in local financial institution(s) and shall
report once a month to the Executive Committee and the Post Membership 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/Treasurer shall sign
all checks disbursing the monies of the Post, unless additional authorized signers are provided in
the Post Standing Rules. The Finance Officer/Treasurer shall provide, on behalf of the Post, such
crime and fidelity insurance in such sum as shall be fixed by the Executive Committee, subject to
approval of the Post Membership.
Section 7. Historian. The Post Historian shall be charged with keeping the individual records and
incidents of the Post and its members, and shall perform such other duties as may be assigned by
the Commander, or the Post.
Section 8. Sergeant-at-Arms. The Sergeant-at-Arms shall maintain and post the colors and preserve
order at all meetings; shall verify that each attendee at a Post meeting is admitted in accordance
with Article I – Post Executive Committee and Article V – Post Membership Meetings as appropriate.
The Sergeant-at Arms shall perform such other duties as may be assigned by the Commander or the
Post.
Section 9. Chaplain. The Chaplain shall be charged with the spiritual welfare of the Post members
and will offer divine, but non-sectarian, service in the event of dedications, funerals, and other
public functions. The Chaplain shall also assure that sick, and deceased, members of the Post are
paid due respect by the Post as directed by the Executive Committee, and shall perform such other
duties as may be assigned by the Commander or the Post.
ARTICLE IV - COMMITTEES
Section 1. The Post may have standing committees such as, but not limited to: Americanism, Children
and Youth, National Security, Veterans Affairs and Rehabilitation, Sons of The American Legion, and
The American Legion Riders.
Section 2. Such standing committees shall consist of such members, and the chairperson thereof, as
shall be designated by the Commander subject to approval of the Post Membership, , unless otherwise
provided in the Post Standing Rules.
(a)Americanism Committee. The Americanism Committee shall be charged with the inspiration of
patriotism and good citizenship by arrangements 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, etc.; and activities for community and civic betterment.
(b)Children and Youth Committee. The Children & Youth Committee shall ensure that any child of a
veteran in need of care and protection shall receive proper and timely service and aid; to
strengthen the family unit; extend support to sound organizations and facilities that provide
services for children and youth; and to maintain a well-rounded program that meets the needs of the
young people in their respective community.
(c) National Security Committee. The National Security Committee shall urge Post members to assist
in community emergency preparedness, and to support local and national civilian defense projects.
(d)Veterans Affairs and Rehabilitation Committee. The Veterans Affairs & Rehabilitation Committee
shall assist veterans in obtaining needed medical care and transportation to medical appointments;
in the pursuance of claims and in obtaining other veteran’s rights and benefits; to visit comrades
who are sick or disabled; and to visit and comfort members of their families when sick or bereaved.
(e) Sons of The American Legion Committee. If the Post has a Sons of The American Legion Squadron,
this committee shall have supervision over the operations of the squadron.
(f) The American Legion Riders Committee. If the Post has an American Legion Rider program, this
committee shall have supervision over the operations of the program.
(g)Operations Committee. The Post may use this committee for the purposes deemed necessary to
conduct operational aspects of the Post. This Committee shall be under the supervision of the Post
Executive Committee, and the specific powers and duties delegated shall be established in the Post
Standing Rules.
Section 3. The Commander may nominate, subject to approval of the Post Membership, any other
committees and chairpersons as deemed necessary.
ARTICLE V - POST MEMBERSHIP MEETINGS
Section 1. Post Membership Meetings shall be held as the Post Membership deems necessary, but no
less than quarterly, in order to uphold the declared principles of The American Legion at the
location serving as the Post home, commencing at a time and day, as approved annually by the Post
Membership.
Section 2. The Commander shall preside at all Post Membership Meetings. In the absence of the
Commander, or the Commander electing to relinquish the Presiding Officer duties temporarily, the
provisions of Article I (Post Executive Committee), Section 4 shall govern the selection of a
presiding officer for the meeting.
Section 3. At Post Membership Meetings, such business may be transacted and as properly presented
for action.
Section 4. The location, date, and/or time of Post Membership Meetings shall be established
annually and recorded on the Post Data Form and submitted to Department Headquarters not later than April 15ᵗʰ.
Any changes to the location, date, or time of a Post Membership Meeting may be made with a
two-thirds vote of the members present and voting at a regularly scheduled Post Membership Meeting.
Any indefinite changes shall be reported to the Department Headquarters before the next regular
Post meeting.
Section 5. In the event of an emergency, the Commander may reschedule, conduct meeting using
alternate means as established in the Post Standing Rules, or cancel a regularly scheduled Post
Membership Meeting.
Section 6. Post Membership Meetings shall be open to all Post members in good standing and
National, Department, Region, and District, officers..
Section 7. Upon the written request of a minimum number of members necessary to constitute a quorum
at a regular Post Membership Meeting, the Commander shall call a special Post Membership Meeting,
which shall take place no sooner than five (5) days from the receipt of the written request. If the
request for a special Post Membership Meeting has been properly called, the Commander shall give
notice of the Special Post Membership Meeting by posting a notice on the bulletin boards if
applicable, at least three (3) days prior to the meeting, as to the date, time, and purpose of the
special Post Membership Meeting.
Section 8. A quorum for Post Membership Meetings shall be set by the table below, and based on the
Post Membership size recorded on the end-of-year reports for delegate strength at the previous
Department convention:
Post Membership Above Quorum
15 5
50 6
150 7
250 8
350 9
450 10
550 11
650 12
750 13
850 14
Post Membership Above Quorum
950 15
1050 16
1150 17
1250 18
1350 19
1450 20
1550 21
1650 22
1750 23
1850 24
Section 9. In the event the Post does not achieve a quorum at two consecutive regular Post
meetings, the Post Commander shall notify the District Commander of the lack of a quorum. In the
event the Post does not achieve a quorum at three consecutive regular Post meetings, the Post
Commander shall notify the Region Commander of the lack of a quorum. In the event the Post does not
achieve a quorum at four consecutive regular Post meetings, the Post Commander shall notify the
Department Commander of the lack of a quorum.
Section 10. The Post may apply in writing to the Department Internal Affairs Commission for a
temporary waiver of quorum requirements above. Said waiver request shall contain a proposed
temporary quorum, and must be supported by good and sufficient reasons precluding the Post from
achieving the quorum outlined in Section 8 above.
ARTICLE VI – NOMINATIONS AND ELECTIONS
Section 1. A Nominating Committee, recommended by the Post Commander and approved by the Post
Membership, may be used to search for, and to verify eligibility of, candidates for office. The
Nominating Committee shall file its report with the Post Membership.
Section 2. Eligibility requirements to hold office in the Post:
(a) Any member in good standing of the Post may hold office.
(b) Prior to the elections, the Post Adjutant or a Nominating Committee shall authenticate the
eligibility of each candidate for office by verifying the member’s DD Form 214; separation
documents from federal, active military duty; military identification card; or any other documents
that prove eligibility for membership.
Section 3. Qualification and Restrictions:
(a) Eligible candidates for office may appear on the ballot for more than one elected office as
defined in the Post Constitution, Article IV – Post Officers, Section 1.
(b) There shall be no absentee ballots.
Section 4. Prior to elections, the Post Commander shall recommend, subject to approval of the Post
Membership, an Elections Committee, consisting of a minimum of three (3) members consisting of one
(1) Judge of Elections and a minimum of two (2) Tellers.
Section 5. Election of contested offices shall be by secret ballot. The candidate or candidates
receiving a majority of votes cast shall be elected to the respective office or offices for which
they are candidates. In the event of no candidate receives a majority, the election procedures from
Roberts Rules of Order, Newly Revised, shall be followed for subsequent votes on the position.
Section 6. Candidate(s) for uncontested office(s) may be elected by acclamation.
Section 7. The Elections Committee shall be responsible for ensuring that all members present to
vote are in good standing, and for the security of the ballots from the beginning of the election
until the results are certified.
Immediately following the counting of the ballots and certification of the election results by the
Elections Committee, the official ballot count shall be announced and posted, or distributed by the
Post in a manner prescribed in Post Special Rules of Order or Standing Rules. Written ballots shall
be retained by the Adjutant for sixty (60) days.
Section 8. If irregularities are claimed with respect to the election to any office, such challenge
must be made prior to the close of the meeting.
Section 9. A ceremonial or ritual installation of Post officers may be held each year,
notwithstanding this provision any incoming officer shall take the oath of office before assuming
the office. The prerogative of installing Post Officers shall belong to the District Commander, and
the District Commander’s consent shall first be obtained before any other person shall conduct
installation.
ARTICLE VII - REMOVAL OF POST OFFICERS
Any Post Officer may be removed from office as prescribed by the Department By-Laws, Article XIII,
Section 8.
ARTICLE VIII - DISCIPLINE OF POST MEMBERS
Section 1. The Post has the power to discipline its own membership, subject to the National and
Department Constitutions and By-Laws.
Section 2. Any member of the Post shall be disciplined, as prescribed by the National and
Department Constitution & By-Laws, Uniform Code of Discipline of Post Members, and Rules of the
Department Executive Committee.
Section 3. The Post Adjutant shall report any Post member charged by the Post, or a member being
disciplined under this Article, to the Department Adjutant to ensure a Post transfer is not
processed on said member.
ARTICLE IX - MEMBERSHIP
Section 1. A member whose dues for the current year have not been paid by January 1st shall be
classed as delinquent, and not in good standing, and they shall be suspended from all privileges.
If their dues are paid on or before February 1st, their delinquency shall terminate. If they are
still delinquent after February 1st, their membership shall be suspended. If they are still under
such suspension on June 30th of such year, their membership in The American Legion shall be
forfeited.
Section 2. A member so suspended or whose membership has been so forfeited may be reinstated to
active membership in good standing by vote of the Post and payment of current dues for the year in
which the reinstatement occurs; provided, however, that the Post, may waive the provisions hereof,
upon payment of dues for the year in which reinstatement occurs, with reference to former members
whose failure to pay dues occurred while on active military service.
ARTICLE X - DELEGATES TO THE ANNUAL DEPARTMENT CONVENTION
Section 1. Nomination and Election of Delegates and Alternates.
(a) Nomination and election of delegates and alternates to the annual Department Convention shall
be no later than at the May Post Membership Meeting.
(b) If the number of nominations for delegates exceeds the number of authorized delegates as
prescribed in the Department Constitution, Article V, there shall be an election for the number of
authorized delegates by a secret, written ballot.
i. The nominees, up to the number of authorized delegates, with the highest number of votes shall
be designated as delegates.
ii. The nominees in excess of the number of authorized delegates shall be designated alternates.
(c) If the number of nominations for delegates does not exceed the number of authorized delegates
as prescribed in the Department Constitution, Article V, then, all nominees shall be elected by
acclamation and designated as delegates.
(d) Any vacancies to the list of delegates or alternates to the Department Convention shall be
filled through appointment by the outgoing Commander.
(e) The Post Adjutant or Delegation Chairperson is authorized to make adjustments to the list of
delegates, before submission in the case of a reduction in the authorized delegates, by removing
the primary delegates with the lowest vote totals and placing these affected delegates on the
alternate delegate list,
Section 2. The incoming Post Commander and outgoing Post Commander shall automatically be
designated as delegates. Either of these officers may request in writing to be removed from the
delegate list.
Section 3. The immediate outgoing Post Commander shall be the Chairperson of the Post delegation.
If the outgoing Post Commander will not attend the Department Convention, the incoming Post
Commander shall serve as delegation Chairperson. If neither of these Officers shall attend the
Department Convention, the delegation shall elect its own Chairperson.
ARTICLE XI - RESOLUTIONS
All resolutions of state or national scope presented to the Post by a member, or reported to the
Post by a committee, shall merely embody the opinion of the Post on the subject and copy of same
shall be forwarded to the Department Headquarters for approval before any publicity is given or
action other than mere passage by the Post is taken.
ARTICLE XII - NOTICES
Section 1. Every member shall furnish the Post Adjutant with an address for first class mailings.
Section 2. The Post Adjutant shall cause notice of the annual election to be given at least thirty
(30) days prior thereto. If other than mailed notice of elections, the form of notice shall be
designated in the Post Special Rules of Order or Standing Rules.
ARTICLE XIII - AMENDMENTS
Section 1. These By-Laws may be amended in the same manner as prescribed in the Post Constitution,
Article XI - Amendments.
Section 2. Any part of these By-Laws which are now, or which may become, inconsistent with the
Constitution or By-Laws of The American Legion or the Department of Maryland Constitution or
By-Laws shall be nullified and be replaced by the higher Constitution or By-Laws provision with
which these By-Laws are in conflict.
Post Constitution & By-Laws - Edition: 2024-07-18
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