Nickerson Post Bylaws

 

CONSTITUTION AND BY-LAWS

Article 1 – Name

Robert I. Nickerson Post #382 American Legion Inc.

20 Moon Island Road, Squantum, MA 02171

 

ARTICLE 2 – OBJECT:

PREAMBLE

For God and country, we associate ourselves together for the following Purpose:

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 association in the great wars; to inculcate a sense of individual obligation to the community, state and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to Posterity the principals of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness. 

PURPOSE:

To conduct social, patriotic and historic corporation; to foster and participate in social, historic, athletic, patriotic, intellectual and musical entertain; to acquire, purchase, erect, hold, improve, lease and maintain real and personal property as may be necessary for the purpose of the Post and these purposes shall include the right to apply for a license to sell alcoholic beverages. 

 

ARTICLE 3- ELIGIBILITY:

Eligibility in this Post shall be prescribed by the National Constitution of the American Legion and further as set forth by these by-laws.

 

ARTICLE 4 – NATURE:

This Post is a civilian organization. Membership therein does not affect nor increase liability for military or police service. Rank does not exist in the American Legion and no member will be addressed by his military title in any Post meetings.

 

ARTICLE 5 – AMENDMENTS TO BY-LAWS:

Any amendments to these by-laws must be approved in the following manner:

* Communication to all members in the post newsletter or by e-mail and on website not less than three (3) days nor more than fourteen (14) before the date of such meeting.

* Approval by Members at the meeting following receipt of said notice

 

ARTICLE 6 – POST OFFICERS:

Commander, Senior Vice Commander, Junior Vice Commander, Adjutant, Finance officer, Chaplin, Sergeant-at-Arms, Judge Advocate, and Historian. These persons and up to five (5) members of the Executive Committee shall constitute the Executive Board of the Post. There shall also be a Board of Trustees consisting of up to seven (7) members. 

 

ARTICLE 7 – ADMINISTRATION:

The legislative powers of the Post will be vested in the Post membership in good standing. The administration of the financial affairs of the Post will be conducted by the Board of Trustees. The executive Board will handle the administration of the membership, activities and committees of the Post.  Both groups will hold joint meetings on a quarterly basis without impairing the defined duties of each board.

 

ARTICLE 8 – MEMBERSHIP:

Any person eligible for regular membership in the Post shall make written application to the Executive Board thereof. The applicant shall provide positive proof of their eligibility, as set forth in Article 4 of the Constitution, to the Executive Board. Applications with recommendations of the Executive Board shall be acted upon at the next regular Post meeting following the meeting or if rejected by referred back to the Executive Board for further investigation. Rejection at the Post meeting shall be considered if there is one-third (1/3) dissenting vote of the membership present and voting against acceptance.   Rejection of the application by the Executive Board under the same rules shall result in no further action on the application until one (1) year from the date of such rejection at the Post meeting.

Any paperwork accompanying an application shall be returned to the applicant upon acceptance or rejection. Dues for the first (1^st) year will be paid by the Post.

No person may be a member at any one time of more than one (1) American Legion Post.

Any member may be expelled or suspended from this Post for causes as set forth in Article 6, Section 1 and 2 of the Constitution and By-Laws of the Department of Massachusetts, American Legion, or Article 4, Section 2 of the American Legion.

SECTION 2 – CLASSES OF MEMBERS:

Any reference to a member or members in these By-Laws shall refer to regular membership unless otherwise specified in the By-Laws. 

On each matter submitted to the vote of the members, each member shall have one (1) vote.

 

ARTICLE 9 – DUES:

SECTION 1

The annual dues shall be fifty ($50.00) dollars and shall be due on or before February 1 each year.

SECTION 2 –

A member, whose dues for the current year has not been paid by February 1st each year, shall be classed delinquent.  If they are still delinquent after April 1^st, , they will be automatically suspended. A member so suspended and has forfeited active membership may be reinstated with the payment of the current year’s dues as well as any dues in arrears.

 

ARTICLE 10 – POST MEETING:

The regular meeting of the membership shall be held monthly, on the first (1^st) Monday of the month, at Post quarters at 7:00 p.m.

If the day on which the regular meeting is scheduled is a legal holiday, the regular meeting will be held on the following Tuesday. For any other reason, the regular meeting must be postponed or as scheduled, the Commander shall prescribe the date of such meeting and the members should be notified as described by newsletter, e-mail and/or website.

SPECIAL MEETINGS

The Commander may call Special Meetings of the members or the Executive Board or may be called by any member whose motion by Roberts Rules receives not less than one-third (1/3) of the members at the time that the Special Meeting is contemplated.

Section 1 –

The location of each regular or special meeting shall be held at the Post Quarters of the Robert I. Nickerson Post #382, American Legion, Inc.

SECTION 2 –

Written or printed notice stating the day and hour of any special meeting of the members shall be delivered by U.S. Mail, e-mail and/or personally, to each member entitled to vote at such meeting, not less than three (3) days nor more than fourteen (14) before the date of such meeting.

SECTION 3 –

In the case of a Special Meeting or when required by statute or By-Laws, the purpose for which the meeting is called shall be stated in the notice.  If mailed, the notice of the meeting shall be deemed delivered when deposited in the United States mail, addressed to the member as it appears on the records of the corporation, which the Post thereon prepaid. If by e-mail, the notice of the meeting shall be deemed delivered by the date sent, addressed to the members as it appears in the records of the corporation.

SECTION 4 –

Seven (7) members of the paid membership shall constitute a quorum at a membership meeting.

SECTION 5-

The Executive Board shall meet at Post quarters seven (7) days prior to the regular monthly meeting or at any time deemed necessary by the Post Commander. Five (5) members of the Executive Board shall constitute a quorum.

SECTION 6 –

All other committees shall meet at least once per month, or as deemed necessary, and report said meetings to the Commander. 

 

ARTICLE 11 – ELECTIONS:

SECTION 1 –

The officers of this Post provided for in Article 6 of these By-Laws, shall be elected by ballot from the list of those duly nominated as provided in these By-Laws. The candidates receiving the greatest number of votes shall be declared elected. When there is no contest for an office, the candidate named on the ballot may be declared elected upon the Adjutant casting one (1) vote for said candidate.

SECTION 2 –

The annual election shall be held at a meeting on the first Monday of May in each calendar year. If such day be a holiday the meeting shall be held in accordance with Article 10 of these By-Laws.

SECTION 3-

All members in good standing shall be eligible for any office in this Post. No member of this Post who is not in good standing shall be eligible for office in this Post. All officers shall be elected on the first regular meeting of this Post in May of each year, and shall hold office until their successors are duly elected and installed or as otherwise provided. Officers shall be installed at exercises held following the elections no later than thirty (30) days,

SECTION 4-

Election of officers shall be by Australian ballot. Election of all officers shall be by plurality vote being accepted and counted by those members appointed for that purpose and are not candidates for any office. The appointment of this board shall be made by the Post Commander at the meeting held for the purpose of nomination of candidates for officers.

SECTION 5- Life Members

New Life Members will be nominated by the Commander annually (if desired) at the time of the annual election of officers. No more than two (2) new Life Members shall be elected in any one year. Appointments by the Commander will be subject to the following qualifications:

• Past Commander with twenty (20) years of continuous service OR
• Member with 35 years of continuous service AND
• Currently active in Post Functions (unless physically unable)

SECTION 6 –

No ballots shall be accepted by the election board except during the hours for voting which shall be determined at the April meeting held for nomination of candidates.

SECTION 7-

If any office except that of Commander or Vice Commanders shall become vacant, a successor to hold that office during the unexpired term shall be appointed by the Executive Board.

SECTION 8-

In the event of a vacancy in the office of Commander or Vice Commanders, a successor to hold the office during the expired term may be elected at any meeting of the Post, provided that the notice of such election is provided to membership in accordance with Article 10, Special Meetings Section 2 of these By-Laws. The Vice Commander will assume the duties of Commander in the interim.

SECTION 9-

If any officer, except the Commander or Vice Commander is temporarily incapacitated or for any other reason unable to perform their duties, the Executive Board shall appoint a member of the Post to perform the duties of said office during the time said officer is unable to do so.

 

ARTICLE 12 – EXECUTIVE COMMITTEE

SECTION 1 –

In addition to elected officers, the Executive Committee shall consist of up to five (5) members who will in turn sit on the Executive Board. Three (3) Executive Committee members will be elected at the Post annual elections and two (2) will be appointed by the Commander-elect.

SECTION 2 –

Vacancies in the Executive Committee from any cause other than the expiration of the term of office, shall be filled by a majority vote of the Executive Board at any meeting, provided that notice of such election is contained in the notice of the meeting. A member so chosen shall serve only until the end of the term they fill. This pertains only to the three (3) Executive Committee members elected by membership and not the two (2) positions appointed by the Commander.

SECTION 3 –

Any member of the Executive Committee who shall have been absent from three (3) consecutive meeting of the Committee shall be deemed to have resigned and their place being considered vacant unless proper notification of absence is given the Commander not less than two (2) days prior to such meeting.

 

ARTICLE 13 – NOMINATIONS

The meeting for nomination of candidates shall be held annually on the regular Post meeting in April during New Business.

 

ARTICLE 14 – RULES OF ORDER

All proceedings of this Post shall be conducted under and in according to Robert’s Rules of Order, revised, except as herein provided.

 

ARTICLE 15 – DELEGATES

SECTION 1 –

Delegates and alternates to the Department Convention shall be nominated and elected ion the same manner as Post Officers. The Post Commander at the time of the convention and the delegates to Norfolk County Council whose term of office expires during the calendar year shall be delegates to the State Department convention and such other delegates and alternates will be elected by the Post to fill the quota as established by the Department.

SECTION 2-

Delegates to the State Convention shall be paid such monies as may be allotted by the Post membership.

SECTION 3-

The Commander, by virtue of the office, shall be a delegate to the Norfolk County Council. The remaining delegates and alternates which the Post is entitled shall be elected annually in the same manner and time as Post Officers.

SECTION 4-

An elected delegate or alternate who shall have been absent from three (3) consecutive meetings and/or a total of four (4) Norfolk County Council meetings shall be deemed to have resigned and that place be considered vacant, unless properly excused.

SECTION 5 –

The above delegates and alternates shall also represent the Post at any Convention of the Department of Massachusetts that may be called between the annual meetings.

SECTION 6 –

Any vacancies occurring in delegates or alternates between annual meetings of the Post shall be filled by a majority vote of the Executive Board and the person elected shall become the last alternate.

 

ARTICLE 16 – DUTIES of EXECUTIVE BOARD

The Post Executive Board shall meet for organization and such other business as may become before it at the call of the Post Commander after installation and regularly thereafter. It shall be the duties of this Executive Board to exercise close oversite of the Officers and Committees of the Post, and American Legion functions and establish house rules and regulations and be charged with the enforcement thereof.

 

ARTICLE 17 – DISCIPLINE

In accordance with pages 150-151-152 of the Post Commander’s Guide and in accordance with Article 18 of these By-Laws.

 

ARTICLE 18 – POST RULES:

SECTION  1 –

Bar hours and general operation shall be set to comply with Massachusetts General Laws and Alcoholic Beverage Commission regulations and as further set forth by the local licensing board.

SECTION 2 –

To have Post privileges, a Legionnaire must have a current American Legion membership card in good standing.

SECTION 3 –

A Legionnaire is permitted to bring guests as long as they are responsible for their conduct.

SECTION 4-

A member bringing guests must register with the bar manager upon arrival of themselves and guests.

SECTION 5 –

Guests must depart no later than the member who is sponsoring them.

SECTION 6 –

Any member or guest will depart the premises when requested to do so by the bar manager.

SECTION 7 –

A local person who is eligible to be a member may not attend as a guest more than two (2) times in a six (6) month period.

SECTION 8 –

The club manager or bartenders has the authority to refuse service to anyone.

SECTION 9 –

No member or guest shall secure beverages or merchandise for any person who has been refused service.

SECTION 10 –

No beverage may be taken out of the building without complying with Massachusetts General Laws and Alcoholic Beverage Commission regulations.

SECTION 11-

No person under twenty-one (21) years of age will be served intoxicating beverages on the premises or otherwise.

SECTION 12 –

No unauthorized gambling is permitted on the premises.

SECTION 13 –

No disorderly conduct is permitted on the premises.

SECTION 14 –

No profane or abusive language is permitted on the premises.

SECTION 15 –

Positively no drunkenness. Should any member come to the Post intoxicated, the Bar Manger shall refuse them service and shall report the incident to the Executive Board who may impose penalties up to and including expulsion from the bar.

 SECTION 16 –

Rules for special events will be posted at the time of the events.

SECTION 17 –

The bar manager or any elected officer may check a member’s card at any time.

SECTION 18 –

No children are allowed in the Post home unless accompanied by a parent. No person under twenty-one (21) years of age are allowed in the Post home after six (6) p.m., other than special occasions.

SECTION 19 –

Any person admitting anyone into the Post who is not a member or his guest will be subject to suspension, as set by the Executive Board.

SECTION 20 –

Any person destroying Post property will be subject to suspension of Post privileges for an indefinite period as set forth by the Executive Board.

SECTION 21 –

Littering on Post grounds will be subject to ruling by the Executive Board.

SECTION 22 –

Recreation room and lounge will not be closed during regular meeting and special meetings. However, at the discretion of the Commander or presiding officer, members in the lounge and recreation room may be required to attend the meeting in order to achieve a quorum.

SECTION 23 –

Every member should conduct themselves as a Legionnaire and respectful of others at all times.

SECTION 24 –

The Bar manager, the Assistant Manager will be responsible for the enforcement of the above rules.

SECTION 25 –

Violation of any of the Post rules will be subject to ruling by the Executive Board and the penalties may be suspension from Post privileges, up to expulsion, as deemed necessary.

SECTION 26 –

The above rules have been accepted by the governing body of this Post in the best interest of its members and the American Legion.

 

ARTICLE 19 – DUTIES OF OFFICERS:

SECTION 1 –

The administration of the affairs, government and management of this Post of the American Legion is entrusted to and shall be under the supervision of the Officers of this Post and the Executive Board .

SECTION 2 –

The Board of Trustees shall be charged with the administration of the financial policy, preparation of budget recommendations and supervision of the receiving, disbursing and accounting of all funds except as otherwise provided in these By-Laws. Its approval shall be necessary for all expenditures voted by the membership of the Post.

SECTION 3 –

The officers of this Post shall be Commander, Senior Vice Commander, Junior Vice Commander, Adjutant, Finance Officer, Historian, Chaplin, Service Officer, Sergeant-at-Arms, Judge Advocate, Executive Committee of up to five (5) members and any such other officers as may be deemed necessary by this Post.  Any vacancy due to disability, resignation or removal shall be filled by the recommendation of the Executive Board and a vote of the membership in accordance with Article 10.

SECTION 4 –

Any Officer or Executive Committeeperson may be removed for non-performance or abuse of office by a majority of the Executive Board present and voting. All vacancies existing in the Executive Committee or any office of the Post from any cause other than expiration of term shall be filled by a majority vote of the remaining members of the Executive Board, and a person as appointed, shall hold office for the unexpired term of the member of the committee or officer whom they succeed, A vacancy shall exist when a member or officer resigns, is absent, unexcused, from his post for a period considered detrimental to the office or to the interest of the Post by the Executive Board.

SECTION 5 –

The Board of Trustees shall examine all claims and upon approval, of the Trustees, it shall instruct the Finance Officer and all other committees; examine all reports of the committees appointed by the Post for financial purposes previous to the final reports of said committees to the body; keep a record and safely secure the surety bonds of those entrusted with funds; see that they are properly bonded; they shall hire such employees as may be necessary and insure that their work is performed in a satisfactory manner; they shall perform such other duties as necessary and shall report to the body quarterly.

SECTION 6 –

Whenever the Board of Trustees deem the interest or the accommodation of the Post requires, it shall authorize the Finance Officer to advance, or pay the usual reasonable amounts for the following purposes: the premiums of the surety bonds of those entrusted with finances; insurance premiums; the monthly expenditures for utilities incurred by the Post; expenses incurred in the operation of the bar, preservation or custody of the Post property, the payment of any State, Federal or local taxes; and the payment of the proper per capita tax to the National and Department of the American Legion.

SECTION 7 –

The Post Commander shall preside at all meetings of this Post to see that the Constitution and By-Laws of this Post and the American Legion are carried in effect, to sign all official documents.  The Commander shall exercise general supervision over the business and the officers of the Post and Committees, and public display; shall make such recommendations to the Post as may be deemed advisable; make an annual report covering the business during his tenure of this office; and perform such other duties as are usually incidental to such office.

SECTION 8 –

The Senior Vice Commander shall assist the Commander in preserving order and shall preside at meetings in the absence of the Commander, and in the case of disability of the Commander, shall assume and discharge the office of the Commander. The Senior Vice Commander shall also serve as Chairperson of the Membership Committee.

SECTION 9 –

The Junior Vice Commander shall assist the Senior Vice Commander in preserving order, and shall preside at meetings in the absence of the Commander and Senior Vice Commander. The Junior Vice Commander shall present to the body a tentative social calendar and shall be Chairperson of the Entertainment Committee and such other committees as the need arises.

SECTION 10 –

The Adjutant shall be the Chief Administrative Officer of the Post and by virtue of the office shall be Secretary of the Post Executive Board and shall be responsible for the performance of all duties incidental to the administration of that office. The Adjutant shall comply with the policies and administrative mandates of the Membership Committee, Department Conventions, the Post Executive Board and the Post Commander.

SECTION 11 –

The Finance Officer shall have charge of all finances and see that all funds of the Post so entrusted are safely deposited in some local, state or national charted bank, or banks, pay no bills except same as have been read, accepted approved by the Board of Trustees or as otherwise provided by these By-Laws,  shall make all disbursement of funds by check, e-check or debit card and shall be bonded for such amount and surety as the Trustees shall direct, the premium of which shall be paid by the Post. The Finance Officer shall report monthly at the regular meeting of the body for the last month and make an accounting of all Post funds inclusive to the last day of the preceding month.  He/She shall keep and compile such other records of financial transactions as the Trustees may direct.

SECTION 12 –

The Post Historian will be charged with the individual records and incidents of the Post and Post members and shall perform such other duties as may properly pertain to the office, as may be determined by the Post, or Executive Board.

SECTION 13 –

The Post Chaplain of this Post shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian service in the event of dedication, funerals, public functions, etc., adhere to such ceremonial rituals as are recommended by the National or Department headquarters from time to time.

SECTION 14 –

The Post Service Officer shall supervise all matters pertaining to the service of comrades in the prosecution of just claims, employment relief, and other benefits available to his comrades, from Federal, State or municipal governments.

SECTION 15 –

The Sergeant-at –Arms shall preserve order at all meetings and shall perform such other duties from time to time as may be assigned to him by the Executive Board.

SECTION 16 –

The Judge Advocate shall advise the Post, Executive Board and the Board of Trustees on all legal matters including the construction and interpretation of the National and Department Constitution and the By-Laws of the American Legion and the Post, and shall perform such other duties as usually incidental to the office.  

SECTION 17 – OTHER OFFICERS

The Graves Registration Officer shall keep a record of all graves of veterans in the district assigned to the Post; be cognizant of existing civil laws relating to the office and responsibilities of the Post.

The Americanization Officer shall be charged with the promotion of patriotism and good citizenship by arrangements for proper observance of patriotic occasions; encouragement of patriotic and civic phases of instruction in schools and encouraging education of the general public in American ideals through public forums, etc., and activities for the community and civic betterment.

ARTICLE 20 – APPOINTMENTS:

The Post Commander shall, at the first regular meeting of the body following acceptance of office, appoint the following standing committees: Americanism, Children and Youth, Veteran’s Affairs and Rehabilitation, National Security and Public Relations.

ARTICLE 21 – BOARD OF TRUSTEES

SECTION 1 –

The Board of Trustees shall consist of seven (7) members with the following officers and directors for the term herein designated. One (1) President for the term of three (3) years, One (1) Finance Officer for the term of two (2) years, one (1) Clerk for a term of two (2) years four (4) Directors for a term of one (1) year. The Board of Trustees shall be elected at the first annual meeting in May each year with other officers. The Board will then elect it’s officers, as necessary for the expiration of term, at their first following meeting.

SECTION 2 –

The seven (7) members shall serve as Trustees only and not as Executive Board members unless it be necessary for the benefit and welfare of the Post and availability of candidates.

SECTION 3 –

The maintenance and care of all Post facilities, and the supervision of and control over all business functions of the Post shall be vested in the Board of Trustees.

SECTION 4 –

The Board of Trustees shall have the power to enter into, and execute all contracts and agreements in the name and stead of the Robert I. Nickerson Post #382, American Legion, Inc., relative to their authority as herein defined and as voted by membership.

SECTION 5 –

The Board of Trustees shall hold regular monthly meetings and shall report their doings quarterly to the members at Post membership meetings. The reports they submit at said meeting shall be for information of the Post members, and no objection to or rejection of their report shall in any manner diminish their power and decisions, except as herein specifically defined.

SECTION 6 –

The Board of Trustees shall submit to a meeting of the body for its approval any expenditures of monies relating to an addition to Post Quarters, exclusive of ordinary repairs and maintenance and any such request for authority to expend monies for an addition to the Post shall be accompanied by a report from its Finance Officer. Any such request relating to an addition shall be submitted to the membership.

All of the above described duties and responsibilities of the Board of Trustees shall in no way impair the power and responsibility of the Finance Officer to set up procedures which in his/her judgement are necessary for the accounting of, and for all receipts and expenditures.

SECTION 7 –

The terms maintenance and care as used in the By-Laws shall mean:

1. Repairs and improvements to Post facilities.
2. The general cleaning of Post quarters

The terms all business functions as used in the By-Laws shall mean:

1. The hiring, supervision and firing of all Post employees
2.  The full operation of the members and hall bars.
3.  All rentals
4.  All purchases of whatever nature to enable the business.
5. The salaries paid to any Post Officer for the office held and employees. 

 

 

ARTICLE 22 – AUDITING:

This Post shall have their books audited annually.

 

 

These By-Laws have been read, voted on and accepted by the Membership of the Robert I. Nickerson Post #382, American Legion, Inc., Department of Massachusetts, ascribed to this 7th of October, 2020

 

 

Commander

John Diggins

 

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