THE AMERICAN LEGION
DEPARTMENT OF TEXAS
CONSTITUTION of CEDAR CREEK AMERICAN LEGION POST No. 310
Gun Barrel City (Mabank), Texas.
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 CEDAR CREEK AMERICAN LEGION POST 310,
The American Legion Department of Texas. The Charter of Incorporation was filed in the office of the
Secretary of the State of Texas under Chapter No. 01029215. The supplemental charter issued by the
National American Legion is hereby adopted as the charter of this Post.
ARTICLE II. PURPOSE
Section 1. The objects and purposes of this Post shall be to promote the principles and policies as
set forth in the foregoing Preamble, and the National and Department Constitutions of the American Legion.
ARTICLE III. NATURE
Section 1. The 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 non-political and shall not be used for the dissemination of partisan principles, nor for the promoting or retarding 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 their military title in any meeting of this Post.
ARTICLE IV. ELIGIBILITY AND MEMBERSHIP
Section 1. An individual is eligible for membership in The American Legion only if the individual – (1)
has served in the Armed Forces of (A) the United States at any time during – (i) the period of April 6, 1917,
through November 11, 1918; or (ii) any time after December 7, 1941; or (B) a government associated with
the United States Government during a period of time referred to in subsection (A) of this section and was
a citizen of the United States when the individual entered that service; and (2) was honorably discharged
or separated from that service or continues to serve honorably during or after that period or time; provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably during or after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject themselves to military discipline or unqualified service.
Section 2. There shall be no form or class of membership except active membership. Membership
shall be only through a Post, and dues shall be paid annually or for life.
Section 3. 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 4. All applications for membership and transfers into this Post shall be acted upon at the next
Post General Membership Meeting following the making of such application or transfer, and shall, at such meeting, be accepted, rejected or referred for further investigation and consideration. If a majority of the members present at the Post General Membership Meeting, cast their vote against the acceptance of such
application, then such application shall be recorded as rejected.
Section 5. No person may be a member at any one time of more than one Post in The American Legion.
Section 6. 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 denied by such Post, he may then appeal to the Executive Committee of the department of the expelling Post for permission
to be admitted to membership in another Post and shall be ineligible for membership until such permission is granted.
Section 7. Each Post shall be the judge of its own membership, subject only to the restrictions of the
National and Department Constitution and By-Laws.
Section 8. Transfers. Any member in good standing, to include members of Headquarters Post 345,
moving or transferring to a Post near their home shall be transferred using The American Legion Member
Data Form, completed by the new Post, without additional payment of dues. The new Post shall be the
judge of its own membership in accordance with Article III, Section 5, Department of Texas Constitution
and Bylaws. Dues already paid shall remain with the original Post and the transfer shall be complete upon
issue of a new membership card
Section 9. A member of this Post may only be disciplined in accordance with the Department Uniform
Code of Procedure for Disciplinary Actions.
Section 10. If a member is expelled in a disciplinary proceeding, his/her membership is suspended until
his/her final appeal is heard and a decision is rendered, and if he/she is expelled by the decision, he/she
shall not be eligible for membership in this Post for one year from the date of expulsion, and then only in
the event his/her application for reinstatement is approved in the manner in which memberships are
approved in this Post.
Section 11. Members found to be ineligible. If a Post determines one of its members is not eligible for
membership, the Post shall notify the Department Adjutant at once in writing so that his name can be
forwarded to the National Headquarters for removal from the membership rolls. It shall be presumed that a
member who will not furnish proof of eligibility within 30 days of a written request, certified mail, return
receipt requested is not eligible for membership in The American Legion.
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 a Post Executive Committee, which shall
consist of three (3) members at large in addition to the Officers of the Post and the immediate Past Post
Commander the Executive Committee shall be for one (1) 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, 1st Vice Commander, 2nd Vice Commander, an Adjutant, a Finance Officer, a Judge Advocate, a Historian, a Chaplain, a Sergeant at Arms, a Service Officer, and such other officers as may be deemed necessary by this organization, including, by not limited to, the Executive Board Members at large.
Section 3. A nominating committee shall be appointed by the Executive committee, who shall report their nominations to the next regular monthly meeting preceding the annual election of officers. Nominations may also be made from the floor at such meeting, and again at the meeting for the annual election.
Section 4. All Officers and Executive Committeeperson shall be elected annually, by majority vote on written Ballots, at a Post meeting held not less than fifteen (15) days prior to the Department Convention (per Department Constitution) and shall be installed not later than the first regular Post meeting in October
following their election. Only those members holding current calendar year membership cards shall have
the privilege of vote in the election. They shall hold office until their successors are duly installed or as
otherwise provided. Any Officer or Executive Committeeperson may be removed for cause by the
Executive Committee, a two-thirds (2/3) vote of said Committee being necessary to affect such removal.
The membership shall be entitled to be present at the Post Executive Committee meeting without voice or
vote. The decision of the Post Executive Committee shall be subject to the approval or reversal by the Post
membership at the next regular Post meeting where a quorum is present.
Section 5. The duties of Officers and Executive Committeeperson shall be those usually appertaining
to such officers or committees and as further provided in the By-Laws.
Section 6. Officers and Executive Committeeperson are expected to attend the regular meetings of
the Post and Executive Committee. Failure of any Officer or Executive Committeeperson to attend three
(3) successive meetings, without reasonable cause having been furnished to the Adjutant or Commander,
shall be cause for forfeiture of said office. The Executive Committee shall decide, when an Officer by his failure to attend three (3) successive business meetings has forfeited his right to continue in office, when or whether to declare such office vacant, and when to order and election to fill the vacancy.
Section 7. VACANCY OF OFFICE: Whenever an elective office becomes vacant for any cause, the Post Commander shall not later than the next second regular meeting, thereafter, order an election to fill
such Office for the un-expired term thereof. The Post Commander may, at any time he deems expedient
or necessary appoint any member, in good standing of the Post to fill the vacancy and required of that office
to which he has been appointed.
ARTICLE VI. FINANCE
Section 1. The revenue of this Post shall be derived from annual membership dues and from other
such sources as may be approved by the Executive Committee and approved by the Post.
Section 2. The amount of membership or initiation fees and the number of annual dues shall be fixed and determined by this Post.
Section 3. The Post shall pay to Department Headquarters the National and Departmental annual
membership dues within thirty (30) days from receipt thereof for every member of the Post.
ARTICLE VII. CHARTER MEMBERS
Section 1. Members who joined this Post prior to the issuance of charter shall be known as charter
members.
ARTICLE VIII. AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of CEDAR CREEK AMERICAN LEGION POST No. 310, The American Legion.
Section 2. Membership in the Auxiliary shall be as prescribed by the National and Department of
Texas Constitutions and By-Laws of the American Legion Auxiliary.
ARTICLE IX. AMENDMENTS
Section 1. This Constitution is adopted subject to the provisions of the National Constitution of the
American Legion and of the Constitution of the American Legion, Department of Texas. Any amendment to said National Constitution or Department Constitution, which conflicts 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 a vote of two-thirds (2/3)
of the members of said Post attending such regular meeting; provided that the proposed amendment shall
have been submitted in writing to the Executive Committee in session and approved by it; or if rejected, in whole or in part, it may be taken to a regular Post meeting on a minority report; and 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 fifteen
(15) 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.
Section 3. Anything not covered by this Constitution shall be governed by the Constitution of the
Department of Texas.
ARTICLE X. REAL PROPERTY
Section 1. Real property owned by the Post may be sold, leased or otherwise disposed of, where
control of said property is involved, (after first complying with the Department and National Constitution and following the procedures provided by the Department Adjutant.), at any regular meeting by a vote of two-third (2/3) of the Post members attending a regular meeting, provided that the proposal shall have been submitted in writing, after approval by a majority of the Executive Committee, if there be an Executive Committee, and further after approval by a majority of the Board of Trustees, if there be a Board of Trustees, and read at the preceding regular meeting of the Post, and provided further that notice shall have been given all members by mail at least fifteen (15) days in advance of the date when such proposal is to be voted upon and that notice is given in the local press and radio and that it is posted on the Post bulletin board in the same time limits prior to the actual voting on the proposal.
Section 2. No real estate owned by this Post or trustee of this Post will be sold or used as collateral
for a loan without the approval of the Department Executive Committee or where time is of the essence the Department Commander, who shall report said action to the next Department Executive Committee
meeting.
Section 3. If the Post real estate becomes encumbered with a lien, the Post will notify the Department Adjutant within 7 days of receiving notice of the lien.
Section 4. Upon purchasing real estate, the Post will notify the Department of Texas.
ARTICLE XI – PROGRAMS
Section 1. This Post may sponsor a Sons of the American Legion (SAL) Squadron of CEDAR CREEK POST 310. Such Squadron, once formed, shall be subject to the rules, regulations and supervision of this Post as may be promulgated by the Post Executive Committee and ratified by the Post Membership, and which shall not conflict with the rules and regulations set up for the Sons of The American Legion by the National
Executive Committee, The American Legion.
Section 2. Said SAL Squadron may adopt its own Constitution and By-Laws, subject to approval of
same by the Post Executive Committee. Until said SAL Squadron adopts its own Constitution and By-Laws, it shall be governed by this Post’s rules and regulations, and by the recommended Constitution and By-Laws of an SAL Squadron as has been approved by the Department Executive Committee, The American Legion, Department of Texas.
Section 3. Once created, this Post may cease its sponsorship of SAL Squadron of CEDAR CREEK POST 310 for good cause, such as failure to maintain a minimum membership of at least ten (10) members,
failure to function, participating in illegal, immoral, or opposed to our form of Government and the American
way of life, and in the discretion of the Post Executive Committee, subject to ratification by the Post
membership.
Section 4. This Post may sponsor a Legion Riders Chapter of CEDAR CREEK POST 310. Such Chapter, once formed, shall be subject to the rules, regulations and supervision of this Post as may be promulgated by the Post Executive Committee and ratified by the Post Membership.
Section 5. Said Legion Riders Chapter may adopt its own Constitution and By-Laws, subject to approval
of same by the Post Executive Committee. Until said Chapter adopts its own Constitution and By-Laws, it
shall be governed by this Post’s rules and regulations.
Section 6. Once created, this Post may cease its sponsorship of Legion Riders Chapter of CEDAR
CREEK POST 310 for good cause, such as failure to maintain a minimum membership of at least ten (10)
members, failure to function, participating in illegal, immoral, or opposed to our form of Government and
the American way of life, and in the discretion of the Post Executive Committee, subject to ratification by
the Post membership.
Section 7. The Director of the Legion Riders must be a Legionnaire of this Post.
ARTICLE XII. SOCIAL MEDIA AND THE INTERNET
Section 1. Social Media Guidelines. All members of this Post and all participants in the programs of this
Post are required to adhere to the Social Media Guidelines promulgated by the Department of Texas.
Section 2. Ownership of Domain Names and Social Media Accounts. Applicants for social media
accounts and registrants of domain names for the Post or its programs are serving as agents of this Post
and ownership of these accounts and domain names are vested in the Post. Applicants or registrants
should obtain approval from the Post Executive Committee to establish a domain name or social media
account. Applicants or registrants shall, upon demand, transfer the account or domain name to another
individual designated by the Post Executive Committee.
BY-LAWS
CEDAR CREEK AMERICAN LEGION POST No. 310
ARTICLE I. Name
Section 1. The Post existing under these By-Laws is to be known as CEDAR CREEK AMERICAN LEGION POST No. 310, The American Legion, Department of Texas.
Section 2. The objects 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 which shall consist of three (3) members at large in addition to the Officers of the Post; and together with the other Officers of this Post, shall be elected annually as provided in the Post Constitution, and all shall take office immediately upon installation. The immediate past Post Commander shall be automatically a member of the Executive Committee.
Section 2. The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander by the next regularly scheduled meeting after the installation of the new officers. Thereafter the Post Executive Committee shall meet at the call of the Commander at least every 3rd Saturday, 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 seven (7) or more members of said Post Executive Committee. Seven (7) members of the Committee shall constitute a quorum thereof.
Section 3. The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall cause all funds to be placed in the hands of the Finance Officer for deposit and accounting purposes; shall secure bonds as required by Post Insurance Policies; 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. At the end of each fiscal year, an Audit Committee shall be appointed with the Judge Advocate as Chairman to conduct a complete audit of Post records before turning them over to the new Finance Officer.
ARTICLE III. Duties of Officers
Section 1. Duties of 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. He/She 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. He/She shall see that this Constitution and By-Laws are observed. He/She shall perform such other duties as are directed by the Post.
Section 2. Duties of Vice Commander(s)–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 Post Commander and shall be fully involved in, and responsible for, all aspects of Post Membership.
The Second Vice Commander will concern himself with the welfare of his fellow veterans. Yes, the Second Vice Commander does have a job – an important job. His responsibility is to build the “I like-my-post-because…” atmosphere that finds a lot of Legionnaires having fun while still doing the work of the Legion. The Commander will depend on him to provide the programs that spice up the meetings and attract
attendance. His social calendar must always be filled several months in advance with activities that will
bring out the card-carrying Legionnaire and the regular. One of the first duties should be to contact other veteran and civic groups so that each patriotic holiday and observance receives the attention it deserves. He/She will be concerned with the pageantry so closely associated with the Legion. The Second Vice Commander may not be in charge of the color guard or firing squad, but he must promote it. He/She might not have a part on the initiation team, but he/she should make sure one is functioning. He will be interested in the work of the veteran’s affairs and rehabilitation committee. He/She will need to know if the economic committee is functioning.
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 organization
may require, issue membership cards, handle certificates of transfer, render reports of membership
annually or when called upon at a meeting, and under direction of the Commander, handle all
correspondence of the Post. He/She shall certify to Department Headquarters the names of Post Officers
elected/appointed for the ensuing year, immediately, but no later than ten (10) days after their election, as
prescribed by the Department Executive Committee, together with a list of delegates and alternates
elected to the Department Convention.
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 and the Post, in writing, the Condition of the finances of the Post, with such recommendations as he/she may deem expedient or necessary for raising funds with which to carry on the activities of the Post. He/She shall sign all checks disbursing the moneys of the Post, such checks to be countersigned by the Commander, as authorized by the Executive Committee of the Post. The Post shall furnish such surety bond in such sum as shall be fixed by the Executive Committee.
Section 5. Duties of Judge Advocate–The Judge Advocate shall supply professional advice in the
conduct of the Post business, or to procure proper counsel. He/She shall be the chairman of any
committee concerning the constitution or By-Laws revision. He/She shall be in charge of the annual audit
of the Post financial accounts as set out in Section 3, Article II of these By-Laws. He/She shall be responsible for the orderly conduct of disciplinary procedures.
Section 6. Duties of the Post Historian–The Historian shall be charges with the individual records and incidents of the Post and Post members, shall perform such other duties as many properly pertain to the office as may be determined by the Post or Executive Committee.
Section 7. Duties of Post Chaplain–The 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, etc., adhere to such ceremonial rituals as are recommended by the Nation or Department Headquarters from time to time.
Section 8. Duties of Sergeant of Arms–The Sergeant at Arms shall preserve order at all times and all meetings and shall perform such other duties as may be from time to tome assigned to him by the Commander or Executive Committee. He/She shall have charge of the Post colors and shall not display or permit them to be displayed without specific authority of the Post Commander.
Section 9. Duties of Service Officer–He/She shall comply with the Service Officer’s Manual and Post Handbook of the American Legion, and recommendations of National and Department
Headquarters, and needs of this Post.
ARTICLE IV. Delegates
Section 1. Delegates and alternates to a Department, Division or District Convention shall be elected by written ballot by the Post at a regular meeting of the Post to be held not less than fifteen (15) days prior to the date of such convention. However, the Post, by two-thirds (2/3) vote of member’s present, may authorize the Commander to appoint said delegates. The Post Commander shall, immediately upon their election or appointment, designate the chairman. Alternates for delegates shall have all the privileges of registered delegates except that of voting. A registered delegate is one who has received his/her credentials after his/her registration fee has been paid.
Section 2. Each duly registered delegate shall be entitled to one vote. At the time the delegates are
elected, the Post will select either the Pro-Rata Rule or the Modified Unit Rule, as described below, as the
method of voting for those delegates who do not attend the convention.
a. Modified Unit Rule. Each duly registered delegate shall be entitled to one vote, unless there are less delegates than votes. Under those circumstances, each delegate will cast one vote, then any votes of absent delegates will be cast, in their entirety, in accordance with the majority of the delegates in attendance.
b. Pro Rata Rule. Each duly registered delegate shall be entitled to one vote, unless there are less delegates than votes. Under those circumstances, each delegate present will be entitled to a portion of the total number of votes allocated to the Post that is directly proportionate to the percentage that the delegate represents of the total delegation present.
Section 3. The chairman of the delegation shall cast the entire delegate vote on any convention matter, after first polling the delegates present, so as to reflect the vote of each delegate present.
ARTICLE V. Dues- Fiscal Year
Section 1. Annual dues shall be as prescribed by the Post and shall be payable on or before October 20th of each year for the succeeding calendar year. Following the calendar year, a member becomes delinquent for non-payment of dues by January 1st, and if He/She continues delinquent, He/She loses all privileges by February 1st, and his membership is forfeited on June 30th, if still delinquent.
Section 2. The fiscal year shall end with the installation of the newly elected officers, and the new fiscal year shall begin as the new officers assume their duties.
Section 3. The newly elected officers shall be installed as soon as possible but no later than the next regular or special meeting, as may be designated by the Executive Committee.
Section 4. The Chairman of the Membership Committee may recommend to the Executive
Committee the names of members whose dues shall be remitted by the Post with reasons for such
recombination. The Executive Committee shall have the power to approve or reject such recommendations.
ARTICLE VI. Post Committees Appointments
Section 1. The Post Commander, immediately upon taking office each year, shall appoint such standing committees as he/she deems necessary for the efficient operation of the Post, such as those listed in the Post Officers Guide: He/She shall also appoint such other committees as he/she finds to be necessary from time to time. All such committees shall consist of such members and the chairman thereof as shall be designated by the Post Commander.
Section 2. The duties and functions of the respective Post committees shall be in accordance with
the current Post Officers Guide of the American Legion and with the recommendations of National and
Department Headquarters.
ARTICLE VII. Resolutions
Section 1. All resolutions of State of 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 and special meetings of the Post shall be held at The Post Home, 113 Lee
Way Street, Mabank (Gun Barrel City). Texas 75156 at which place may be transacted such business as
may properly be brought up for action, approve the minutes of the previous meeting and minutes of all
Executive Committee meetings since the last regular meeting; such meetings may be converted into
entertainment meetings, as may be deemed advisable by the officers of the Post. Procedure at regular
meetings shall comply with the current Manual of Ceremonies.
Section 2. The regular business meeting of the Post shall be as determined by the Post. Other business or social meeting may be held as directed by the Commander and the Executive Committee.
Section 3. The Post Commander or a majority of the Executive Committee shall have power to call a special meeting of the Post as deemed necessary.
Section 4. Upon the written request by signed petition of not less than ten (10) of the members in good standing of this Post delivered to the Commander, requesting a special meeting of the Post, the
Commander shall call the said special meetings within not less than seven (7) days, nor more than
fourteen (14) days after receipt of the said petition. In the said petition shall be stated the purpose for which the meeting is requested and matters not pertaining to said purpose for the meeting shall not be considered at such meeting. In notices given to the membership of said meeting, the subject matter to be discussed shall be stated. The Post Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post, and the notice of the call for this meeting sent to the membership shall contain the subject matter to be discussed at the said meeting, and the said meeting shall not discuss other matters not relating to said notice.
Section 5. At least seven (7) members in good standing shall constitute a quorum at any regular or special meetings of the Post.
Section 6. The post may conduct its meeting by electronic or other remote access means as determined by the Post Commander to be reasonably necessary.
a. The post shall use its best efforts to implement any such virtual meetings with full regard for the need to maintain as much as possible accessibility for all members, including those with disabilities and those who lack the access to sophisticated technology.
b. Any action that could be taken at an in-person meeting, including amendment of the constitution and by-laws, may also be taken at a virtual meeting held pursuant to this provision.
c. Should any action taken at any such virtual meeting the minutes shall be ratified at the first regular in-person post meeting.
d. During a virtual meeting, the post adjutant shall ensure that all participants are members in good standing and that a quorum is present.
e. The post commander shall determine the need for a virtual meeting.
f. If there is a vote, the Adjutant must make a record of the vote and ensure that every voter is sufficiently identified and a member of the Post in good standing.
ARTICLE IX. Notices
Section 1. Every member shall furnish the Post Adjutant with his or her address for mailing purposes. Notices sent to last known address shall constitute sufficient legal notice.
Section 2. The Post Adjutant shall cause written notice of the annual election to be given at least fifteen (15) days prior thereto.
Section 3. In its efforts to promote nondiscrimination, the Post does not discriminate on the basis of race, religion, color, national origin, gender, sex or disability in accordance with Title VI of the Civil Rights Act of 1964, as amended.
Section 4. Neither the Post Commander, Post officers nor Post Executive Committee shall unlawfully retaliate against any member for bringing a grievance or complaint under theses By-Laws.
Section 5. No person in a position of authority over the Post, such as the Post Commander, Post Officers or members of the Post Executive Committee may benefit personally from a decision he or she could make.
Section 6. Any person that possesses or maintains such information is required to take reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal. In addition, Sarbanes-Oxley requires that records be retained for all audits and legal proceedings as described in the retention periods listed below:
(1) Accounts Payable/Receivable Ledgers – 7 years
(2) Audit Reports of Accounts – 10 Years
(3) Bank Statements – 7 years
(4) Contracts and Leases – 7 years after completion
(5) Correspondence (Legal) – Permanently
(6) Membership Applications – 3 years
(7) Insurance Records – 7 Years
(8) Tax Returns – 7 years
Section 7. The Post must make available for public inspections IRS annual returns and applications for
exemption and must provide copies of such returns and applications to individuals who request them.
Copies usually must be provided immediately in the case of in-person requests, and within 30 days in the
case of written requests. The tax-exempt organization may charge a reasonable copying fee plus actual
postage, if any.
Section 8. The IRS Form 990 must be filed annually by the 15th day of the 5th month after the close of the
tax year. The Pension Protection Act requires the IRS to revoke the tax-exempt status of any organization that fails to meet its annual filing requirement for three (3) consecutive years.
Section 9. The Post Finance Officer will ensure compliance with completion of IRS Form 990 and will
report completion to the Post Executive Committee no later than thirty (30) days prior to the due date.
ARTICLE X. Rules of Order
Section 1. All proceedings of this Post shall be conducted under and pursuant to Robert’s Rules of
Order, Newly Revised, except as herein otherwise provided.
ARTICLE XI. Limitations of Liabilities
Section 1. This Post shall incur, or cause to be, incurred, no liability nor obligations whatsoever which shall subject to liability any other Post, subdivision, group of men or women, member of The American Legion, or other individuals, corporation, or organization.
ARTICLE XII. Amendments
Section 1. These By-Laws may be amended at any regular Post meeting by a vote of two-thirds (2/3) of the members of said Post attending such regular meeting; provided that the proposed amendment shall have been submitted in writing to the Executive Committee in session and approved by it; or if rejected in whole or in part, it may be taken in writing and read at the next preceding regular meeting of said Post, further, that written notice shall have been given to all members at least fifteen (15) days in advance of the date when such amendment is to be voted upon, notifying all said members that at such meeting a proposal to amend the By-Laws is to be voted upon.