SAN DIEGUITO POST NO. 416, INC.
THE AMERICAN LEGION
Encinitas, CA 92024-3525
The Articles of incorporation for this Post are on file with the Secretary of State under date of May 10, 1932, Corporation number 149378
The American Legion, Department of California
By-Laws of San Dieguito Post No. 416, Inc.
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 the Great Wars; to inculcate a sense of individual obligation to 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 San Dieguito Post 416, Incorporated, The American Legion, Department of California located at Encinitas, California, hereinafter referred to as "Post".
ARTICLE II Objects
Section 1. The objects and purposes of this Post shall be to promote the principles and policies as set forth in the foregoing Preamble, the Articles of Incorporation of this Post, and in the National and Department Constitutions of the American Legion. This Post is a strict non-profit organization. It subscribes to charitable and philanthropic donations to needy veterans and their dependents, to child and youth programs, and to educational programs that are deemed by the Post to contribute to the good of the community, the state, and the nation.
ARTICLE III Nature
Section 1. This Post is a civilian organization and membership therein does not affect or increase liability for military or police services. Rank does not exist in this Post. No member shall be addressed by military or naval title in any meeting of this Post.
Section 2. This Post shall be absolutely non-political and
non-sectarian, and shall not be used for the dissemination of partisan
principles or for the candidacy of any person seeking public office or
Section 3. Every member shall perform his/her duty fully as a citizen.
ARTICLE IV Membership
Section 1. The eligibility for membership in this Post shall be those dates and conditions set forth in Article IV, Section 1 of the National Constitution of the American Legion.
Section 2. There shall be no form or class of membership except active membership, i.e. current member in good standing.
Section 3. Candidates for membership in this Post shall make application
upon a form prescribed by the Board of Directors of this Post; shall pay
therewith the dues for the current fiscal year; and shall furnish
official evidence of eligibility.
Section 4. All applications for membership shall be referred to the
Membership Committee that shall, at each regular meeting of the Post,
report upon all applications received during or after the last previous
regular meeting. A majority vote of those present and voting shall elect
or reject a candidate. No member shall be elected to membership in this
Post who is a member of any other Post of The American Legion. No
limitations may be placed on re-application of membership, (e.g., turned
down today, he/she can reapply tomorrow.)
Section 5. No person who has been expelled by a Post shall be admitted to membership in this Post, without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post. The person may then appeal to the Department Board of Directors for permission to be admitted to membership in this Post and shall be ineligible until such permission is granted.
ARTICLE V Officers
Section la. The officers of this Post shall be the Commander, the First Vice-Commander, the Second Vice-Commander, Adjutant, the Finance Officer, Sergeant-at-Arms, Chaplain, Service Officer and Judge Advocate.
Section Ib. The elective officers of this Post shall be the Commander,
First Vice-Commander, Second Vice-Commander, and Finance Officer.
Section Ic. The Commander of this Post shall appoint the following
positions: the Historian, the Sergeant-at-Arms, the Chaplain, the
Adjutant, the Judge Advocate, the Service Officer and any other Chairman
Section Id. Any other officer, other than the Commander and Vice
Commanders, may hold two or more of the above offices.
Section 2. The annual election of all elective Post officers shall be by
ballot box. The membership shall be notified thirty (30) days in advance
of the first nomination of officers at the regular meeting in March. The
second nomination shall be at the regular meeting in April. Ballots
shall be printed with the names of all candidates and with space for
write-in candidates prior to election day, the date of the regular
meeting in May. Voting may be done at the Post hall from 9:00 a.m. until
6:30 p.m. A minimum
of three (3) monitors shall supervise this ballot box election by
paid-up members with at least two (2) monitors on the floor at all
times. Three (3) tellers will give their certified results to the
Commander on election day prior to the regular meeting. The Commander
will announce these results at the meeting. The appointment of monitors
and tellers will be confirmed by the Board of Directors. A majority of
votes shall elect the Commander, Vice-Commanders, and the Finance
officer. A plurality of votes cast shall elect the six (6) members of
the Board of Directors. If a majority vote during the daytime balloting
for Commander, Vice-Commanders, and Finance Officer is not obtained,
secret balloting will be done at the Post meeting that evening to
complete the election as required. With regard to the daytime balloting,
a provision shall be made for all Post members incapable of coming to
the Post hall to cast their ballots. These ballots must be monitored for
strict secrecy by the election monitors (at least two) who take the
ballot to these house-bound members and must be placed in a sealed
envelope and placed in the ballot box, witnessed by at least two
monitors by 6:30 p.m. on election day by these monitors. All officers
shall be elected for a term of one (1) year and shall be installed prior
to the first day of July each year. Members of the Board of Directors
shall be elected for a term of three (3) years. Provision is made for
special elections in Section 5 of this Article.
Section 3. All elections shall be by written, secret ballot and a
majority of all votes cast shall be necessary to elect the Commander and
Vice-Commanders. The other officers and members of the Board of
Directors shall be elected by a plurality vote.
Section 4. Every member of this Post in good standing shall be eligible
to hold office as provided in Article IV, Section 2. There shall be no
limiting qualifications - e.g. length of time in Post.
Section 5. All vacancies in the elective offices shall be filled by a
secret ballot at a regular meeting following the vacancy, provided that
notice of the election is given at the meeting preceding the election,
and notice be given to the membership in the Post Publication prior to
Section 6. The Finance Officer and any other offices and/or position
charged by the post Constitution and By-Laws with the responsibility of
handling post funds, shall be bonded under a blanket bond to be
purchased from Department Headquarters and billed to the respective Post
Section 7. In the event that any Post Officer or member of the Post
Board of Directors shall be absent for three (3) consecutive meetings of
the post or Board of Directors meeting without being excused by the post
Commander or Board of Directors, such office shall be declared vacant by
a majority vote of those present at a regular post meeting held after a
written notice to all members that such vote will take place. The
vacancy so-created will be filled by election or appointment, as the
same was originally filled.
ARTICLE VI Finance
Section 1. No appropriations, except monthly expenses and taxes, shall be made without first referring the same to the Board of Directors for report there from. The Board of Directors shall prescribe the form in which the financial records shall be kept. The Board of Directors shall prescribe the form in which the financial records shall be kept. In the case of an emergency, the Board of Directors is empowered to make expenditures not to exceed two thousand five hundred dollars ($2500).
Section 2. The fiscal year of this Post shall be June 1 to May 31.
Section 3. Audit: This Post shall keep books of account and shall cause
said books to be examined by a licensed accountant or a committee of
three (3) competent persons, none of whom shall be the Commander,
Adjutant, Finance Officer, or any other person charged with the
responsibility of handling Post funds. Such examination shall be made
within ninety (90) days following installation of Post officers, and for
the period of the immediate preceding fiscal year of the Post, said
fiscal year shall be determined by the Post. The Post shall certify to
the Department Adjutant prior to December 1 each year that such an
examination has been made and file the original report thereof with the
Department Adjutant before such date, with a copy thereof to the
District Commander. The Department Commander, the Post Commander, or the
Post Board of Directors may order an audit of the books of account at
such other times during the current year as may be deemed advisable.
Failure of the Post to meet any of the requirements of this section
within said times or any general or special extension thereof, shall be
deemed a delinquency and the delegates of such Post shall not be
entitled to be accredited at the Department Convention. The
certification to the Department Adjutant and the examination may be put
on forms furnished by the Department Adjutant's office.
The American Legion Auxiliary and the Sons of the American Legion
This Post recognizes an Auxiliary organization to be known as
the Auxiliary Unit of San Dieguito Post No. 416, Inc., the American
Legion, Department of California. This Post recognizes an organization
to be known as the Sons of the American Legion Squadron of San Dieguito
Post No. 416, Inc., the American Legion, Department of California.
Section 2. Membership in the Auxiliary and Sons of the American Legion
shall be as prescribed by the National Constitution of the American
ARTICLE VIII Regular Meeting Procedures
Opening and closing of regular meetings, initiation of new
members, and installation of officers shall be conducted as prescribed
and approved by the National Convention of The American Legion in Kansas
City, 1921, with subsequent amendments adopted and approved by later
Section 2. Robert's Rules of Order, Revised shall govern the conduct off all meetings except as may be otherwise provided in these by-laws.
ARTICLE IX Board of Directors
The voting members of the Board of Directors shall consist of
the six (6) elected members in addition to the Commander,
Vice-Commanders, Adjutant, Finance Officer, and Junior Past Commander.
The Board of Directors shall consider all matters affecting
the Post and shall make recommendations to the Post, which thereafter
shall be approved by the Post before becoming effective. In the case of
an emergency, the Board of Directors is empowered to make expenditures
not to exceed two thousand five hundred dollars ($2500). The Commander,
Vice-Commanders, and Adjutant shall be Chairman, Vice-Chairman, and
Secretary, respectively, of the Board of Directors.
Required non-emergency outside services in excess of two
thousand (2,000) dollars: Services such as major expenditures towards
the building of Post 416, insurance renewals, legal services, or any
other required services in excess of two thousand dollars ($2,000) shall
be put out to bid - requiring the Board of Directors to choose the best
of at least three (3) local bids submitted in conjunction with the
subject matter. The Board of Directors will then submit their decision
to the next general membership meeting for final approval.
ARTICLE X Meetings
Section 1. The regular meetings of this Post shall be held on the second Wednesday of each month at the American Legion hall or a place to be designated by the post. The fourth Wednesday of the month may be used for a social meeting.
Section 2. Special meetings may be called by the Commander, by the Board of Directors, or must be called upon written request often percent (10%) of the membership. It is required that notice of such meeting will be mailed (by regular post or electronically) to each member at least five (5) days prior to the time of holding the meeting, giving the time and place of the meeting and the matter to be considered.
Section 3. A quorum at all regular meetings shall consist of seven (7)
Section 4. The Board of Directors shall regularly meet at least once
between regular meetings of the Post at a time and place designated by
it or by the Commander. A majority shall constitute a quorum. It may
hold such special meetings as it or the Commander may deem advisable,
with notice thereof to each member at least seventy-two (72) hours in
advance, giving the time and place of the meeting and the matter to be
considered. These meetings may not be held via telephone or
electronically with the exception of meetings for the sole purpose of
managing Post expenditures.
Section 5. No member shall take part in any Post meeting or election
unless he/she is in good standing.
Section 6. No member shall be represented or shall vote by proxy. There
shall be no voting by absentee ballot.
Section 7. No member shall have a voice or a vote in any Post meeting or
election if delinquent in dues, or has not paid dues by January 1. The
Commander shall ascertain delinquent persons present at all meetings.
Section 8. Unless otherwise specified, the Post Publication shall disseminate all notices that are required to be given by these Bylaws.
ARTICLE XI Duties of Officers
Section 1. Duties of Post Commander: It shall be the duty of the Post
Commander to preside at all meetings of the Post and to have general
supervision over the business affairs of the Post. Such officer shall be
the chief executive officer of the Post. The Post Commander shall
perform such other duties as directed by the Post.
Section 2. Duties of 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 Post Commander.
This officer's principle duty is that of Post Membership Chairman.
Section 3. Duties of Second Vice-Commander: The Second Vice-Commander
shall assume and discharge the duties of the office of First
Vice-Commander in the absence or
disability of such officer and shall perform such other duties as may be
directed by the Post. This officer's principle duty is that of Post Ways
and Means Chairman.
Section 4. Duties of Adjutant: The Adjutant shall have charge of and
keep a full and correct record of all proceedings of all meetings and,
under the direction of the Post Commander, shall handle all
correspondence of the Post. He shall be in charge of all reports to
upper echelons of the American legion, with assistance and input from
all members in this Post.
Section 5. Duties of the Finance Officer: The Finance Officer shall be
charged with the custody of the funds of the Post and shall keep its
accounts and report thereon at regular meetings of the Post. This
officer shall receive all funds of the Post and pay all bills approved
by the Post.
Section 6. Duties of Post Historian: The Post Historian shall be charged
with the individual records and incidents of the Post and its Post
members, and shall perform such other duties as directed by the Post or
the Post's Board of Directors.
Section 7. Duties of Post Chaplain: The Post Chaplain shall be charged
with the spiritual welfare of all Post comrades and will offer divine
but non-sectarian service in the event of dedications, funerals, and
public functions; adhering to such ceremonial rituals as are recommended
by the National or Department Headquarters from time to time.
Section 8. Duties of Post Sergeant-at-Arms: The Sergeant-at-Arms shall
preserve order at all meetings and shall perform such other duties as
may be needed from time to time and assigned by the Post. This officer
is responsible for setting up the meeting room and for being the Post
Greeter for all meetings.
Section 9. Duties of Post Service Officer: The Post Service Officer
shall be responsible for bringing to the attention of all veterans and
their dependents the rights and benefits granted them by law. He or she
must know how to utilize the expert services available through the
American Legion, as well as those of other agencies in the community. He
must make himself available to any of those veterans and/or their
dependents that ask for his services.
Section 10. Duties of Post Judge Advocate: The Judge Advocate shall advise the Post Officers on the construction and interpretation of the Post's By-laws and perform such other duties as are usually incident to the office.
ARTICLE XII Dues, Fees and Funds
Section 1. Annual dues shall be payable October 20 of each year, for the succeeding calendar year. Dues in this Post shall not exceed thirty-five dollars ($35.00) annually.
Section 2. From such dues and fees, the Post shall pay all per capita
taxes or assessments and other such expenditures.
Section 3. If dues are not paid by January 1 of each calendar year, the
member becomes delinquent. If dues have not been paid by February 1, the
member is suspended, but nevertheless a member with no privilege except
that of reinstatement by vote of the Post and payment of dues; and dues
not being paid, such membership continues for a period of five months,
to June 30, at which time the member is dropped from the roll by
constitutional mandate and the membership forfeited.
Delegates and Representatives
Section 1. The delegates and alternates to represent the Post at
Department Conventions, Fifth Area meetings, and Twenty-Second District
meetings shall be elected at a regular meeting of the members of the
Post by a vote of those present and voting. The election shall be held
at least twenty (20) days before the Department convention convenes. The
time and place of the election must be announced by the Post Commander
one (1) regular meeting in advance of the election. Delegates of this
Post to the Department Convention, the five Fifth Area meetings, and the
meetings of the Twenty-Second District, Department of California, shall
be elected as prescribed by Department of California bylaws and shall
serve for a term of one (1) year.
Limits of Liabilities
Section 1. This Post shall not incur, nor cause to be incurred, any
liability or obligation whatever that shall subject to liability to any
other individuals, corporations or organizations.
ARTICLE XV Trials
Section 1. Members of this Post shall be subject to disciplinary action
as provided in the Trial Manual of the Department of California as
adopted and as the same may be amended from time to time hereafter. A
copy of the verdict, certified by the Post Commander and Post Adjutant,
shall forthwith be forwarded to the Department Adjutant.
Amendments or Rewritten Bylaws
Section 1. Proposed amendments to these bylaws must be submitted in
writing at a regular meeting of the Post and read thereat. The
membership must be notified thirty (30) days in advance of the second
reading of and voting on the proposed amendment or complete rewriting of
the bylaws. Two-thirds (2/3) vote of those members present and voting is
required to amend or rewrite the bylaws.
Section 2a. These bylaws shall be amended to conform to any changes in
the National or Department Constitution and Bylaws. Failure of the Post
to adopt the required amendments shall not delay or modify the effect of
Section 2b. Any amendment initiated by the Post shall not be in force or
effect until approved by the Constitution and Bylaws Commission of the
Department of California.
ARTICLE XVII Standing Rules Special Rules of Procedure
Section 1. As permitted by Robert's Rules of Order. Revised, this Post
has certain Post Standing Rules, which are not in violation of
Department or National Constitutions or Bylaws. As such, they do not
have to have approval of Department or National.-'They can be changed by
the vote of the Post members, added to, or used in any way, at the
pleasure of this membership.
Section 2. Proposed amendments to these Special Rules of Procedure must
be submitted in writing at a Regular meeting of the Post and read
thereat. The membership must be notified thirty (30) days in advance of
the second reading of and voting on the proposed amendments, additions,
or deletions of the Special Rules.
Section 3. Two-thirds (2/3) vote of those members present and voting is
required to add, delete, or change Special Rules of Procedure.
The signatures of the Commander and Adjutant certify that the
above-approved San Dieguito Post 416 Bylaws were first read to the
membership at a regular meeting on
____________________________________, and published in the _____________________ issue of the Post Dispatch. The second reading and vote was done at the Regular meeting on , a quorum being present, and approved by a two-thirds (2/3) vote of those present and voting. No other changes or amendments have been made since ____________________________,
Post Commander Post Adjutant