BY-LAWS OF

 

KETTERING AMERICAN LEGION POST NO. 598 INC.

 

OF THE AMERICAN LEGION

 

DEPARTMENT OF OHIO

January 9, 2023

 

ARTICLE I

 

Section 1.     The government and management of the Post is entrusted to a committee of eight members to be known as “Executive Committee,” subject to the actions of the members of the Post in regular meetings.

 

Section 2.     The Executive Committee shall consist of two most immediate past commanders in addition to the six elective officers of the Post.  The most immediate past commander shall automatically serve two years on the Executive Committee when he/she leaves office.  In the event that a vacancy occurs on the Executive Committee for one of the two past Commander Positions, their vacant position(s) can be filled by any Regular Post Member providing their appointment is approved by the Post Executive Committee and at the General Membership meeting. Any nominee to the Executive Committee will be approved by the sitting Executive Committee members and the Commander before a proposed appointment is brought before the Post members assembled at a regular meeting. 

 

ARTICLE II - MANAGEMENT

 

Section 1.     All vacancies on the Executive Committee or in any office of the Post from any cause other than the expiration of the term of office, may be filled by any regular Post member providing that their appointment is approved by a majority vote of the remaining members of the Executive Committee within fourteen days from the date such office becomes vacant.  A person so appointed shall hold office for the unexpired part of the term.  All vacancies of office or positions filled by appointment shall be with the approval of members assembled at a regular meeting.

 

Section 2.        The resignation of a Post Officer or Executive Committee member shall happen in one of three ways: (1) Written notice presented to the Commander, (2) Verbal resignation at the Executive Committee Meeting or the members at a regular meeting or (3) The absence from three (3) consecutive meetings without prior notification and approval of the Executive Committee.

 

ARTICLE III - ELECTION OF OFFICERS

 

Section 1.         A nomination and election committee of three (3) regular post members appointed by the Commander, with the approval of the Post Executive Committee, shall at the regular meeting in April, oversee nomination of candidates for elective offices.  Nominations will be accepted from the floor at this time.   A letter of acceptance of nomination may be presented to the Adjutant for an absent nominee. No new nominations will be accepted after this date unless there is a Post office that does not have a nominee identified for a position.  Officers to be elected include Commander; First Vice Commander; Second Vice Commander; Adjutant; Finance Officer and Sergeant-At-Arms. All other positions are appointed by the Commander.

 

Section 2.        Elections shall be by ballot, annually, at the first regular meeting in May.  Balloting shall start with the opening of the business day and conclude (1) hour prior to the regular meeting.   In the event that there are no nominees for an office, nominations will be reopened for that specific vacant office at the regular meeting.

 

Section 3.        Installation of the newly elected officers shall be held as soon as practical, but prior to the Department Convention. 

ARTICLE IV - POST EXECUTIVE COMMITTEE

 

Section 1.        The Post Executive Committee shall meet monthly to review financial data, projects, organizational needs, policies, procedures and other business as may come before it. The Post Executive Committee shall meet within fourteen (14) days after the installation of the new officers.  Thereafter, the Post Executive Committee shall meet monthly or at the call of the Commander as often as said Commander deems necessary.  The Commander shall call a meeting of the Post Executive Committee upon the joint written request of three (3) or more members of the said committee.  Five members of the committee shall constitute a quorum. 

 

Section 2.        The Post Executive Committee shall review and approve the hiring, replacement or dismissal of any employee of the Post. Hiring preferences will be given to Post members. Any employee having access to, or custody of Post funds shall be bonded.  All Officers and employees of the Post shall have a limited background check annually, via County and State free on-line data bases.  The hiring of relatives of existing Post Officers and/or Post Managers will be prohibited.  Likewise, the hiring of “friends” shall be discouraged.  Favoritism, nepotism and unfair employment or management acts shall not be tolerated.  Officer and employees are not permitted to hold two positions. The Executive Committee shall have oversight of all funds of the Post and all sources of revenue.  The control of the funds shall be exercised by and through the Finance Officer and Commander as herein provided in article five (5). 

 

ARTICLE V - DUTIES OF OFFICERS

 

Section 1.        Duties of the Post Commander.  It shall be the duty of the Post Commander to preside at all meetings of the Post, have general supervision over the business/affairs of the Post, shall approve all orders directing the disbursement of Post funds, shall be ex-officio member of all Post committees and have management authority over all Post employees.  The Post Commander shall make an annual report at the General Membership meeting in March of each year.  This annual report shall, at a minimum, cover/compare the previous year ‘s business, financial positions/trends, recurring expenses, membership data, review upcoming year’s budget and plans or recommendations for the upcoming year.  The Post Commander is under the general guidance of the Executive Board and shall perform other duties as provided by or implied by the provisions of the Constitution and By-Laws of the Post.

 

Section 2.        Duties of the First Vice Commander.  The First Vice Commander shall assume and discharge the duties of the office of Commander in the absence of, or when, called upon by the Post Commander and shall be the chairperson of the Membership Committee.  The First Vice shall be the advisor to the SAL

 

Section 3.        Duties of the Second Vice Commander.  The Second Vice Commander shall be responsible for assisting the Commander in all his/her duties and will be chairperson of the Post Events Coordinating Committee comprised of 2nd Vice Commanders of SAL, Riders and Post 598 Aux Unit.  The 2nd Vice Commander will work closely with the Canteen and Banquet Manager to coordinate scheduling of all post events/activities, especially direct support to all Post special meals to avoid conflicts.  He/she shall be head of the Memorial and Veterans Day Committees.

 Section 4.       Duties of the Adjutant.  The Adjutant shall have charge of and keep a full correct record of all proceedings of all meetings, keep records as the Department and National organizations may require, give membership updates monthly at the meeting, and under the direction of the Commander handle all Legion correspondence of the Post.  The Adjutant shall be a member of the Boys State and Americanism Committees.  The Adjutant will also be completely responsible for the yearly Department Convention (including the submittal of award narratives/applications to the Department). The Adjutant will provide annual certification of the use of our howitzer to the Army.

 

 

Section 5         Duties of Finance Officer. The Finance Officer of the Post shall see that funds in his/her possession shall be safely deposited in a local bank, designated by the Executive Committee and shall report once a month at a Post meeting the conditions of the finances of the Post.  He/she shall sign or review all checks disbursing the moneys from all accounts.  He/she shall be furnished such security bond in such a sum as shall be fixed by the Post Executive Committee.  The Finance Officer shall be responsible for nominating individuals and staffing the Finance Audit and Operational Oversight Committees.  All nominations to the Finance Audit and Operational Oversight Committee are to be approved by the Post Executive Board.

 

Section 6.        Duties of the Sergeant-at-Arms.  The sergeant-at-Arms shall be responsible for the outer guard of their Post.  He/she shall be strict to demand a visitor’s membership card.  He/she shall be ready at all times to assist the Commander.  He/she shall be in charge of the stand of colors which shall be displayed at the Post meetings and ceremonial occasions.  He/she shall learn the identity of and introduce to the Commander all visiting comrades and guests of the Post. The Sergeant-at-Arms shall be responsible for ensuring that all colors/flags on display at the Post are in serviceable condition.  Those flags that are deemed to be unserviceable or damaged shall be replaced and retired.

 

 

Section 7.        Duties of the Post Chaplain.  The Post Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian service in the event of dedications, funerals, public function, etc., adhere to such ceremonial rituals as are recommended by the National or Department Headquarters. The Post Chaplin can, at his/her choosing, attend Executive Board meetings to keep up-to-date on Post activities and to share in the discussion of Post issues.  The Post Chaplain is an appointed position, not elected, and as such is not a voting member of the Post Executive Committee.

 

Section 8.        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 other duties that may pertain to the office as may be determined by the Post Commander or Executive Committee. 

 

Section 9.        Duties of the Judge Advocate.  The Judge Advocate shall act as Legal Advisor to advise the Executive Board on all legal matters, including the instruction and interpretation of the National, Department and District Constitution, By-Laws and resolutions, and shall perform other duties as are usually incident to office to include assisting the Commander at monthly meetings to assure orderly proceedings.

 

ARTICLE VI: DISCIPLINE (Adapted from Department By-Laws and Department Uniform Code for the Conduct of Disciplinary Procedures)

 

Section1.         Each Post of the American Legion, Department of Ohio, shall be the judge of its own membership, subject to the restrictions of the National American Legion Constitution and By-Laws and the Department of Ohio Constitution and By-Laws, except that no person, who is a member of an organization which has its aim the overthrow of the United States Government by force violence, or subscribes to the principles of any group opposed to our form of government, shall be eligible to become or remain a member of The American Legion.

 

Section 2.        Members may be reprimanded, suspended, or expelled from The American Legion 598, and officers may be reprimanded, removed from elected office, or expelled from membership only upon providing the member due process and a proper showing of cause. Charges shall be based upon disloyalty, neglect of duties, dishonesty, and conduct unbecoming a member or officer of The American Legion Post 598. All charges must be made under oath in writing by an accuser, and no member in good standing shall be reprimanded, suspended, or expelled, nor shall any elected officer be reprimanded or removed from office, suspended, suspended, or expelled, until given a fair trial in such manner and form as the Department Executive Committee shall prescribe in the Department of Ohio Uniform Code for the Conduct of Disciplinary Proceedings. The trial proceedings shall be recorded by visual or sound recording or by verbatim transcription. The trail board verdict shall be announced at the next regular membership meeting of the post membership, whereupon the membership may, except in the case of an acquittal, - affirm, modify, or reverse the findings and sentence of the trial board.

 

Section 3.        If the accused is suspended or expelled or is removed from office, the accused person may appeal such decision to the Department Executive Committee. Said appeal must be filed with the Department Adjutant with thirty (30) days of the decision of the post membership on the trial verdict. The Department Executive Committee shall hear the appeal, with the Department Judge Advocate presiding, and determine the issue at its meeting next following the action of the Post. The Department Executive Committee shall conduct its hearing solely upon the evidence considered by the trial board, and oral argument of the parties. The decision of the Department Executive Committee shall be final, if appeal to it be made; otherwise, the decision of the Post shall be final. The Post 598 Executive Committee shall appoint a member of the Post Executive Committee shall appoint a member or members of the Post or retain a counsel to prosecute the charges and the disciplined member may be represented by a person or by counsel of their own choosing.

 

Section 4.        Procedures as to removal from officer of County, District and Department elected officer. Charges shall be filed in writing, under oath, with the Department Adjutant. The Department Executive Committee shall appoint a trial board and the matter shall proceed to the trial in substantially the same form and manner as set forth in the Department of Ohio Uniform Code for the Code of Disciplinary Proceedings. The trial verdict, except in the case of acquittal, shall be presented to the Department Executive Committee for affirmation, modification, or reversal. The decision of the Department Executive Committee shall be final. Nothing herein shall deprive the accused persons’ post jurisdiction to hear and determine charges against any of its members. Insofar as it may related to expulsion or suspension of membership of removal from post office. (Amended 102nd Department Convention 2021)

 

 

ARTICLE VII – DELEGATES

 

Section 1.        Delegates and Alternates to a Department Convention shall consist of the Post Commander, First Vice Commander, Second Vice Commander, Adjutant, Finance Officer, Sergeant-at-Arms and Two (2) immediate Past Commanders while others, if required, shall be nominated and approved at a regular meeting of the Post to be held at least twenty days prior to the date of such convention.

 

 

 

 

 

ARTICLE VIII – APPOINTMENTS

 

Section 1.        The Post Commander, at the organization meeting of the Post Executive Committee with the advice and approval of said Committee, shall appoint the following Standing Committee Chairpersons, as necessary, Americanism, Buckeye Boys State, Scholarship, Gifts for Yanks, Child Welfare, Building, Hospital, Memorial Day and Rules Committee.  The committee chairman shall have the authority to appoint such members as may be necessary.  Standing committees may be abolished or new ones created by majority votes of the Executive Committee.

 

Section 2.        The Americanism Committee shall arrange for the presentation of the Post at District Conferences: be familiar with the national program of Americanism and keep the Post informed thereon.  It shall secure information concerning subversive activities in the community.

 

Section 3.        The Memorial Day Committee shall plan for the observance of Memorial Day and present such plan to the Post meeting in April.

 

Section 4.        The Rules Committee shall consist of five (5) members, namely the Post Commander, the Canteen Manager and three (3) Post Members, appointed by the Commander, with the approval of the Executive Committee, each year.  The three (3) members shall not be Officers, nor shall they hold any other Committee appointments, of the Post.  The duties of this Committee are to encompass Post rules infractions by Post members, and/or their guest, which shall be discussed with the Executive Committee, at which time recommendations for changes to the rules may be offered.  Infractions must be in writing to a Post Officer.  This Committee shall be subordinate to and will report to the Post Executive Committee.

 

Section 5.        The Operational Oversight Committee shall consist of at least three (3) veteran members serving staggered three (3) year terms who shall be recommended by the Finance Officer and appointed by majority vote of the Executive Committee at their organization meeting following the installation of officers. The Finance Officer shall be an ex-officio member of the Operational Oversight Committee.  The Operational Oversight Committee shall meet each year within fourteen (14) days after installation of the Post Officers for the purpose of organizing by electing a Chairperson.  Thereafter, the Operational Oversight Committee shall meet as often as deemed necessary, but not less than once each quarter.  The Operational Oversight Committee shall conduct in depth reviews of all operations of the Post; seek input from other representative non-veteran members and make recommendations as appropriate to the Executive Committee to improve operations to maintain a safe inviting environment and positive cash flow to sustain the Post.  Any member of the Operational Oversight Committee who misses two (2) meetings without justification shall resign his/her position.

 

Section 6.      The Finance Audit Committee shall consist of three (3) members serving staggered three (3) year terms who shall be recommended by the Finance Officer and appointed by majority vote of the Executive Committee at their organization meeting following the installation of officers. The Finance Officer shall be an ex-officio member of the Finance Audit Committee. The Finance Audit Committee shall meet each year within fourteen days (14) after installation of the Post Officers for the purpose of organizing by electing a Chairperson.  Thereafter, the Finance Audit Committee shall meet as often as deemed necessary, but not less than monthly to review the prior month’s financial activities.  This review will be to audit Post funds and transactions including but not limited to the general fund, all accounts, and all other sources of revenue deemed necessary for the welfare and advancement of the Post.  A comprehensive audit shall be completed in April of each year prior to installation of new Officers.  The Executive board shall review and approve the audit at the April Executive Committee meeting. The findings from the approved annual” Audit” will be presented at the May membership meeting for information and approval. 

 

ARTICLE IX – BUILDING

 

Section 1.        Building Committee shall consist of five (5) members appointed by the Post Commander with approval by the Executive Committee.  The term of office for one member shall expire each year and none shall serve more than five consecutive years, it being the desire of the Post that membership shall rotate.  An election shall be held among the members for a chairman. Meetings of said members shall be called by the Chairman.  The Building Committee shall be responsible to and subordinate to the Executive Committee.

 

Section 2.        Building Committee members shall be in charge of the preservation, maintenance and repair of property, furniture, furnishings and other equipment belonging to the Post.

 

Section 3.        Building Committee Chairman shall make a monthly report on the status of the building and property, as deemed necessary by the chairman, or as request by the Post Commander.

 

ARTICLE X – FINANCIAL

 

Section 1.        Membership dues of the Kettering Post No. 598 shall be set by the Executive Committee and approved by the membership present at the first meeting after the Department Convention each year, if a change from the previous year dues has been requested

 

Section 2.        When a proposed expenditure in excess of $7,500.00 is proposed, the Commander must have the expenditure reviewed and approved by the Post Executive Committee.  If/when there is expenditure in excess of $12,500.00 proposed, the Commander must have the expenditure reviewed and approved by the Post Executive Committee and then the proposed expenditure must be opened for discussion at least two times in a General Membership meeting.  A vote for approval/disapproval shall take place at the second General Membership meeting when the expenditure is opened for discussion.  (Expenditure amounts shall be adjusted annually by the Consumer Price Index)

 

ARTICLE XI – MEETINGS

 

Section 1.        The regular meeting of the Post shall be held at least once each month at which time may be transacted such business as may properly be brought up for action.  The Post Commander may designate any postponed meetings as a regular meeting.  Ten (10) Post members shall constitute a Quorum.

 

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

 

Section 3.        Upon a written request of ten (10) Post members, the Executive Committee shall call a special membership meeting of the Post at any time.

 

ARTICLE XII – NOTICES

 

Section 1.        Every member shall furnish the Post Adjutant with his/her correct mailing address, email address (if applicable) and phone number.  This information is not to be made public.  Membership addresses are needed for mailing purposes and their phone numbers may be needed for emergency and/or verbal communication purposes when mailing attempts are not successful.  Email addresses may be used to make special notifications or promote important events. This data is intended for official use by Post Officers only.

 

Section 2.        The Post Adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.

 

 

Section 3.        All Post records are to be kept at the Post.  No official Post documents are to be kept, filed or maintained outside the Post.  This includes data or information that may be in the form of paper copies, digital data, or any other type of media. 

 

ARTICLE XIII – AMENDMENTS

 

Section 1.        These By-Laws may be amended at any Post meeting by vote of two-thirds of the members of this Post attending such regular meeting, provided that the proposed amendment shall have been submitted in writing and read at the next preceding meeting of this Post, and provided further, that notice shall have been given to all members at least twenty (20) days in advance of the date when such amendment is to be voted upon.

 


These By-Laws ratified by vote of members at regular Post meeting January 9, 2023 These By-Laws supersede any and all previous versions of American Legion Post 598 By-Laws.

 

 

 

Signed:

 

 

 

 

Neil Dunnington         Joe Law                                   George Hurbanek                     Ed Syron

Commander                First Vice Commander            Second Vice Commander       Finance Officer

 

 

 

 

 

 

Betsy Law                                   James O’Neil                               

Adjutant                                     Sgt.-at-Arms                               

 

 

 

 

 

Gavin Long                             Keith Eastman

Past Commander                     Past Commander