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 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.
Section 1. The name of this organization shall be San Dieguito Post 416, Incorporated, The American Legion, Department of California located at Encinitas, California, herein after referred to as “Post”.
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 the 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.
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 of preferment.
Section 3. Every member shall perform his/her duty fully as a citizen.
All information contained in the American Legion Post 416 Membership Roster is restricted. Such information is to be used only for American Legion-related purposes and are not to be sold, rented, bartered or used outside Post 416, nor be used for any commercial or public political purpose, or any activity of an illegal, fraudulent or defamatory nature.
All complaints by the membership must be addressed to the Executive Board and must meet the following requirements:
1. The complaint must be submitted to a member of the Executive Board in writing and signed and dated by the complainant(s) within ten days of the alleged offense and submitted to the next Executive Board meeting.
2. The complainant(s) must be present at the Executive Board meeting that hears the complaint and be willing to answer questions. Failure to attend the meeting without a valid excuse will cause the complaint to be automatically rejected with no further action taken. The rejected written complaint will be destroyed and not recorded in any manner. If the complainant(s) has a legitimate excuse for not attending, the issue will be tabled for the next scheduled meeting. Refusal to respond to any of the questions will be cause for the Executive Board to reject the complaint.
3. For anyone to qualify as a witness he/she must provide a signed statement and be present at the Executive Board meeting hearing the complaint. Anyone who observed the offense and refuses to fulfill the above requirements will
not qualify as a witness. If no one fulfills the above witness requirements, then it is considered that there are no witnesses. The names of or reference to “observers” of the offense who refuse to fulfill the above requirements will not be allowed to be mentioned during the hearing.
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 Executive Board 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 General Meeting of the Post, report upon all applications received during or after the last previous General 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.
Section 1. The officers of this Post shall be the Commander, the First Vice-Commander, the Second Vice-Commander, Adjutant, Finance Officer, Sergeant-at Arms, Historian, Chaplain, Service Officer, and Judge Advocate.
Section 2. The elective officers of this Post shall be the Commander, First Vice-Commander, Second Vice-Commander, and Finance Officer.
Section 3. 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 4. Any other officer, other than the Commander and Vice Commanders and Finance Officer, may hold two or more of the above offices.
Section 5. In the event that any Post Officer or member of the Post Executive Board shall be absent for three (3) consecutive General Meetings of the post or Executive Board meetings without being excused by the post Commander or Executive Board, such office shall be declared vacant by a majority vote of those present at a Post General 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.
Section 1. Election Committee. The Election Committee has the responsibility to insure the integrity of the election of Post elective candidates. To help establish members’ confidence in the election, Post members have the right to approve Election Committee members. No later than the February General Meeting the Commander shall nominate an Election Committee consisting of a Chairman and at least three and up to six (6) Post Members (Monitors) and three Post Members (Tellers). Election Committee members cannot be or become a candidate for the current election or be directly related to someone nominated for office Election Committee nominees must be approved by majority vote of Post members at the February General Meeting. The Commander must submit substitute Election Committee nominees if any nominee is rejected by the vote.
The duties of the Election Committee Chairman are to take charge of the nomination procedures, supervise the Monitors and Tellers, maintain order during the Voting Process, and maintain the security of the Ballot Box at all times. The duties of the Election Committee are a): Monitors to verify the eligibility of voters, to supervise the voting process and to secure the ballot box, and b): Tellers to count the votes and provide their certified results to the Commander.
Section 2. Election. The annual election of all elective Post Officers and Executive Board members shall be by confidential and numerically serialized ballot. The membership shall be notified at the February General Meeting that the first nomination of elective Officers and Executive Board members will take place from the floor at the General Meeting in March. The second nomination opportunity shall be from the floor at the General Meeting in April. The Election Committee Chairman will call for nominations three times for each nomination position. Nominees must appear before the Election Committee to substantiate their willingness and eligibility. The Chairman will then announce the nominees that passed eligibility for each position. The Adjutant will record the names of nominees and shall print white numerically serialized ballots with the names of all nominees and with space for write-in nominees prior to Election Day which shall take place at the General Meeting in May. A minimal number of Provisional Ballots will also be printed on a different colored paper with the serialized number commencing with the letter “P”.
Section 2a. The Post Membership Chairman will provide a National Registry (NR) roster of all post members in good standing to the Election Committee Chairman as of the end of April and to Monitors as of the day before Election Day. The names and phone numbers of the Election Chairman and monitors will be posted on the Web Site soon after the February General Meeting. Members who are house bound or for good reason cannot attend the voting at the post Home may call the Chairman or Monitor(s) and request that a ballot be delivered to them. The Chairman and Monitors will diligently do their best to deliver ballots, wait for the voter to vote, and return the ballot in an envelope inscribed with the voter’s name. This service will be provided up to 3 days before the election. For all other members, voting will be done at the Post home from 1100 to1300 and from 1630 to 1800 on the day of the May General Meeting. A minimum of three (3) Monitors shall supervise this ballot box election with at least two (2) Monitors on the floor at all times. Three (3) Tellers will certify that all elected personnel are members in good standing and commence tabulating the ballot votes at 1800. The Chairman will assist by noting the number of votes for each nominee on a blank ballot and mark this as “CERTIFIED TOTALS” and sign his/her name. The Chairman will then forward the confidential certified results including the vote tally for each nominee to the Commander during the General Meeting. The Commander will announce the final results at his/her convenience during the May General Meeting.
Section 2. All elections shall be by written confidential ballot and a majority (at least one vote more than ½ of the total votes cast) of all votes shall be necessary to elect the Commander, Vice-Commanders and Finance Officer. Any other officers and members of the Executive Board shall be elected by a plurality vote (nominee with largest number of votes will be elected). If a majority vote during the specified balloting period for Commander, Vice-Commanders, and the Finance officer is not obtained, or a tie vote for executive board members is obtained, additional ballots will be issued and confidential balloting will continue at the Post General Meeting that evening to complete the election as required. In the event that more than two members are nominated for each position of Commander, Vice-Commanders, or Finance Officer and a majority vote is not reached, the nominee(s) with the lowest number of initial votes will be dropped and the two highest nominees will then be re-voted until a majority is reached. The Adjutant shall keep and secure all ballots and the checked roster for six (6) months.
Section 3. Term of Offices. All elective Officers (Commander, Vice Commanders, and Finance Officer) shall be elected for a term of one (1) year and shall be installed prior to the first day of July each year.
Section 4a. Members of the Executive Board shall be elected for a term of three (3) years. To insure continuity, the term of office for the six members of the Executive Board shall be via over-lapping two-member terms. Two members shall be elected each year as current and future terms lapse thereby providing six (6) elected Executive Board members at all times.
Section 5. Eligibility. Every member of this Post in good standing (dues paid and membership card from National issued) as of the date of the election shall be eligible to vote and hold office as provided in Article VI, Section 2. The Monitors shall visually inspect each tentative voters’ membership card to ascertain that it is of the current year or is a Life Membership card and verify the name against the National Registry roster of Post 416 before issuing a ballot. As the ballots are issued the Registry will be checked and the ballot’s serialized number will be added next to the voter’s name. If the member presents a current membership card and is not listed on the roster, or if the member states his/her eligibility has been met and dues have been paid but the membership card has not been received, the Post Membership Chairman will be contacted to confirm the validity of the membership. Voters who contest the validity of the National Register or who are deemed not eligible to vote shall be issued a provisional ballot which shall be counted only after verifying that the member had the right to vote. No other verification of membership shall be accepted. There shall be no limiting qualifications – e.g. length of time in Post, etc.
Section 6. Vacancies. All vacancies in the elective offices shall be filled by a confidential 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 or on the Post Web Site thirty (30) days prior to the election.
Section 1. No appropriations, except monthly expenses and taxes, shall be made without first referring the same to the Executive Board for report therefrom to the Post membership. The Executive Board shall prescribe the form in which the financial records shall be kept. In the case of an emergency, the Executive Board is empowered to make expenditures not to exceed two thousand five hundred dollars ($2,500.00).
Section 2. Required non-emergency outside services in excess of two thousand ($2,000.00) dollars: Services such as major expenditures towards the Post Home of Post 416, insurance renewals, legal services, or any other required services in excess of two thousand dollars ($2,000.00) shall be put out to bid – requiring the Executive Board to select the best of at least three (3) local bids submitted in conjunction with subject matter. The Executive Board will then submit their decision to the next general membership meeting for final approval.
Section 2a. Received invoices for bar consumable supplies may be paid by the Bar Manager up to a limit of One thousand five hundred dollars ($1,500.00) per submittal. A list of such payments shall be forwarded to the Finance Officer on a Bi-Weekly or Monthly basis. Invoices for bar consumable supplies in excess of this amount will be held for payment by the Finance Officer. For bar equipment appropriations see Section 1 and 2 of this article.
Section 3. The Finance Officer and any other officers 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 4. The fiscal year of this Post shall be June 1 to May 31.
Section 5. 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 members. The Post Adjutant 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 Executive Board 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.
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 of California. This post recognizes an organization to be known as Sons of the American Legion Squadron of San Dieguito Post No. 416, Inc. The American Legion, Department of California. This Post recognizes an organization to be known as American Legion Riders Chapter 416 of San Dieguito Post No. 416, Inc., The American Legion, Department of California.
Section 2. Membership in the Auxiliary, Sons of the American Legion and AL Riders shall be as prescribed by the National Constitution of the American Legion.
Section 1. The voting members of the Executive Board shall consist of the six (6) elected Executive Board members in addition to the Commander, Vice-Commanders, Adjutant, Finance Officer, and Junior Past Commander.
Section 2. The Executive Board shall consider all matters affecting the Post and shall make recommendations to the Post members, which thereafter shall be approved by the Post members before becoming effective. The Commander, ViceCommanders and Adjutant shall be Chairman, Vice-Chairman, and Secretary, respectively, of the Executive Board.
Section 1. Opening and closing of general 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. Roberts Rules of Order, Revised shall govern the conduct of all meetings except as may be otherwise provided in these by laws.
Section 3. The General Meetings of this Post shall be held on the second Wednesday of each and every month (twelve meetings per year) at the American Legion Home or in special cases at a place to be designated by the Commander. Alcoholic beverages are prohibited in the meeting room during the General Meetings.
Section 2. Special meetings may be called by the Commander or by the Executive Board, and must be called upon written request of ten percent (10%) of the membership. It is required that notice of such meeting will be forwarded by regular mail or electronically via personal e-mails 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 4. A quorum at all general and special meetings shall consist of seven (7) members.
Section 5. The Executive Board shall regularly meet at the Post Home at least once per month two weeks prior to the General Meetings of the Post at a time designated by the Commander. A majority of the Board shall constitute a quorum. It may hold special and emergency meetings as it or the Commander may deem advisable, with notice thereof via personal e-mails 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. Emergency meetings may be held via telephone or electronically with the exception of meetings for the sole purpose of managing Post finances or expenditures. Any beverage may be brought into the Executive Board Meetings.
Section 6. No member shall take part in any Post meeting or election unless he/she is in good standing (See Article XIV, Section 2)
Section 7. No member shall be represented or shall vote by proxy.
Section 8. No member shall have a voice or a vote in any Post meeting or election if not in good standing. The Commander shall ascertain delinquent persons present at all meetings. (See Article XIV, Section 2.)
Section 9. Unless otherwise specified, the Post Web Site shall post all regular General and Executive Board meeting notices.
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 (CEO) 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 the 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 Executive Board.
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/she must make him/ herself available to any of those veterans and/or their dependents that ask for his/her 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.
Section 1. Annual dues shall be payable October 20 of each year for the succeeding calendar year. Dues in this Post shall be as prescribed by the Executive Board.
Section 2. If dues are not paid by January 1 of each calendar year, the member becomes delinquent and is not in good standing.
If dues are paid by February 1 the member shall automatically regain a good standing status. 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.
New members joining after January 1 upon paying dues, providing proper eligibility, and being accepted and receiving a current membership card shall be in good standing.
Section 3. From such dues and fees, the Post shall pay all per capita taxes or assessments and other such expenditures.
Section 1. The delegates and alternates to represent the Post at Department Conventions, Fifth Area meetings, and TwentySecond District meetings shall be elected at a General Meeting of the members of the Post by a vote of those present and voting. The elections 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) general meeting in advance of the election. Delegates of the 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. Eligibility of these members is identical to that of nominees for the annual election of Post Officers.
Section 1. This Post shall not incur, nor cause to be incurred, any liability or obligations whatever that shall subject to liability to any other individuals, corporations or organizations.
Section 1. Members of this Post shall be subject to disciplinary action as provided by 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.
Section 1a. A petition, with the cursive signatures and membership identification numbers of the signers, by ten percent of the membership in good standing requesting the holding of an election for the purpose of recalling an elective officer or a member of the Executive Board may be filed at any time with the Adjutant. The Adjutant shall, within five (5) days of filing said petition, compare the signature and numeric ID on the application(s) of the respective signers on file in the Post Records. The Adjutant shall deliver the said petition and his report on the correctness of the signatures and identifications to the Executive Board at its next meeting. If it shall appear from the report of the Adjutant that ten percent of the membership have signed said petition, the Executive Board shall fix the date for the recall election, which date shall be fixed for a general meeting of the Post to be held not less than two weeks nor more than six weeks after the meeting of the Executive Board. If the report of the Adjutant shall show less than ten percent of the membership have signed, said petition shall be forthwith returned to the member who filed the same with the Adjutant who shall then have ten days thereafter to obtain the required number of valid signatures, and re-file said petition with the Adjutant who shall recheck that all signatures are valid, and resubmit the same to the Executive Board at its next meeting thereafter with his report. If the petition is then found being sufficient, the recall election shall be fixed as set forth above.
Section 1b. A recall petition shall be in accordance with Roberts Rules of Order, Newly Revised. Name of person to be recalled appearing at the top of each signature page. As a signatory, a member’s signature shall appear with the members corresponding membership number to be considered for validation by Adjutant.
Section 2. Notice of the date, time, and place of holding the recall election shall be entered into the Post web-site and mailed to those members in good standing and unable to enter the web site at his/her address as the same appears in the Post records, at least twenty (20) days prior to the election.
Section 3. All recall elections shall be conducted by written confidential ballot. The Commander, or in his absence or recusal, the First Vice Commander shall appoint an Election Committee consisting as noted in Article VIII, Section 1 at least twenty (20) days prior to the election.
Section 4. Members voting shall be checked as noted in Article VIII, Section 2a, with the date of election substituted for the date noted in the afore noted Section.
Section 5. At the election, the ballot shall read as follows:
“Shall (Name of Officer or member of the Executive Board) be recalled
NO _______ “
A “Yes” vote shall be counted for the recall and a “No” vote shall be counted as against the recall. A majority of “Yes” votes shall establish a recall and the recalled Officer or Executive Board member shall be notified and removed from his/her position.
Section 6. If the officer or member of the Executive Board shall be recalled, the Post, at its next regular meeting, shall elect a successor to fill the unexpired term. Nominations shall be held the same night as election. The person recalled shall not be eligible as a candidate for election to fill the vacancy.
Section 1. Proposed amendments to these bylaws must be submitted in writing at a General Meeting of the Post and read thereat. The membership must be notified in the Post’s Web Site 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.
Section 2c. Approved By-Laws shall be posted in the Social area of the Post Home.
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 General 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.
Section 4. Approved Special Rules of Procedure shall be posted in the social area of the Post Home.
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 General Meeting on
__________________________, and published in the _________________date of
the Post 416 Web Site. The
second reading and vote was done at the General 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
George Barlow Paul Christman
Post Commander Post Adjutant
Copyright 2017 American Legion San Dieguito Post 416