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.


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 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 preferment.

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 deemed necessary.

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 the election.

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 at cost.

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.

 

ARTICLE VII  The American Legion Auxiliary and the Sons of the American Legion

Section 1. 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 Legion.

ARTICLE VIII  Regular Meeting Procedures

Section 1. 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 conventions.

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

Section 1. 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.

Section 2. 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.

Section 3. 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) members.

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.

 

ARTICLE XIII  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.

ARTICLE XIV  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.

ARTICLE XVI   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 such changes.

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.

 

CERTIFICATION

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 ____________________________,





_________________________________ ______________________________________
Terry Sisson
Post Commander Post Adjutant