REVIEW PROPOSED AMENDMENTS

CONSTITUTION AND BY-LAWS

Ed Brauner American Legion Post 307

Department of Louisiana

CONSTITUTION

Preamble

For God and Country, we associate ourselves together for the following purposes:

To uphold and defend the Constitution of the United State of America; To maintain law and order; To foster and perpetuate a one hundred percent Americanism; To preserve the memories and incidents of our association in the Great Wars; To inculcate a sense of individual obligation to the community, state and nation; To combat the autocracy of both the class and the masses; To make right the master of might; To promote peace and goodwill 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 Ed. Brauner Post 307, The American Legion, Department of Louisiana.

Article II

Objects

Section 1. The objects and purpose of this post shall be to promote the principles and policies as set forth in the foregoing preamble, and the national and department constitutions of the American Legion.

Article III

Nature

Section 1. This post is a civilian organization and membership therein does not affect nor increase liability for military or police service.

Section 2. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.

Section 3. Rank does not exist in the American Legion; no member shall be addressed by his military or naval title in any meeting of this post.

Article IV

Membership

Section 1. Eligibility for membership in this post shall be as prescribed by the National Constitution of the American Legion.

Section 2. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the post executive committee.

Section 3. All applications for membership shall be acted upon at the next post meeting following the making of such application, and shall, at such meeting, be accepted, rejected for referred for further investigation and consideration, of majority of members present cast their vote against the acceptance of said application, then such applicant shall be recorded as rejected. A rejected application shall not again be considered until after the expiration of six months from the date of such rejection.

Section 4. A member of this post may be expelled for cause by a two-thirds vote of the general membership after charges are preferred, under oath, in writing, and a fair trial had upon the same, as the Department Bylaws for Court Martial procedures provides.

Section 5. A member who has been expelled or suspended from this post for any cause may be reinstated to membership by a two-thirds vote of the membership present in the post meeting; provided, however, that he shall make payment of any arrears in his dues at the time of the expulsion or suspension, and also any other regular dues which have been payable in the interval between his expulsion or suspension and his reinstatement.

Section 6. No person, who has been expelled by a post shall be admitted to membership in another post, without the consent of the expelling post, except that where such consent has been asked for and denied by such Post, he may then appeal to the state executive committee of the department of the expelling post for permission to apply for membership in another post, and shall be ineligible for membership until such permission is granted.

Article V

Officers

Section 1. The administrative affairs of this post of The American Legion shall, except as may be otherwise provided by the Bylaws, be under the supervision of an executive committee, which shall consist of:

1. a- commander                               
2. a- 1st vice commander                 
3. a- 2nd vice commander                 
4. a- 3rd vice commander                 
5. a- sergeant-at arms                       
6. two (2) color bearers                     
7. four (4) executive committeemen
8. a- adjutant 
9. a -finance officer
10. a- historian
11. a -chaplain
12. a- judge advocate
13. a -service officer

The term of office shall be until their successors are duly installed or as otherwise provided. The post, by its Bylaws, may provide for such other standing committees as the business of the organization may require.

Section 2. The elected officers of this post shall be:

Elected by membership

1. a -commander                               
2. a -1st vice commander                 
3. a- 2nd vice commander                 
4. a -3rd vice commander                 
5. a -sergeant-at-arms
6. two (2) color bearers
7. four (4) executive committeemen

who shall be nominated from the floor at the meeting preceding the annual election. Any nominee shall formally accept in person or by written document.

Executive Committee Officers also appointed by the Commander, as provided by the Bylaws, shall be:

Appointed by Commander

1. a -adjutant                                     
2. a- finance officer                           
3. a -historian                                 
4. a -chaplain 
5. a- judge advocate
6. a -service officer

as provided by the Bylaws.

Section 3. Any officer or executive committeeman may be removed for inefficiency by the executive committee, a two-thirds vote of said committee being necessary to effect such removal.

Section 4. Every member of this post in good standing shall be eligible to hold office in this post.

Section 5. The duties of officers and the executive committeemen shall be those usually appertaining to such officers or committeemen and as provided in the Bylaws.

Section 6. The offices of Post Adjutant, Post Service Officer, and Post Finance Officer, can be held by one person.

Article VI

Finance

Section 1. The revenue of this post shall be derived from annual membership dues and from such other sources as may be approved by the post executive committee.

Section 2. Amount of dues shall be fixed by majority vote of members present at a meeting called for this purpose.

Section 3. The post shall pay to departmental headquarters the national and department annual membership dues as fixed by national and department headquarters.

Section 4. All donation request and dispersals shall be as follows:

   A. No fiscal commitment shall be made for next fiscal year except for the Installation Meeting which shall be overseen by the incoming Commander.

   B. All donation requests shall be submitted by a member in good standing of Ed Brauner Post 307 of the American Legion and said member shall be responsible to provide completed application form and needed documentation for each request.

      a. A donation request of up to $300.00 (three hundred dollars) shall be allowed at a regular meeting for consideration by members present for approval, amendment or rejection by vote of membership.

      b. Each donations of more than $300.00 (three hundred dollars) shall require a completed Donation Request Form and needed documentation prior to consideration by Post Executive Committee at its next regularly scheduled meeting.

   C. The amount of a post donation shall be determined by Executive Committee and recommendation of same to members for approval or rejection.

   D. A donation request for any group, person or organization, other than American Legion Programs, shall be limited to one request per fiscal year.

   E. The reason for request and how said donation shall be used will be required on form prior to consideration.

   F. Should a request be for a veteran, the veteran's DD-214 or NGB-22 discharge paper shall be required before consideration. If request is for the spouse of a veteran, a marriage certificate in addition to veteran's DD-214 or NGB-22 shall be submitted. If the veteran is decease a death certificate shall be submitted also. If a request is for a child of a veteran, the above listed documents and also child's birth certificate or legal adoption papers will be required.

   G. No monies shall be dispersed for any donation until a taxpayer ID number and mailing address is provided to Post.

   H. Executive committee shall not consider a request until the required information is provided.

Article VII

Charter Members

Section 1. Members who joined this post prior to June 10th 1948, shall be known as charter members.

Article VIII

American Legion Auxiliary

Section 1. This post recognizes an auxiliary organization to be known as the Auxiliary Unit of Ed. Brauner Post No. 307, the American Legion.

Section 2. Membership in the Auxiliary shall be as prescribed by the national constitution of the American Legion Auxiliary.

Article IX

Sons of the American Legion

Section 1. This post recognizes an organization to be known as the Squadron of the Sons of the American Legion.

Section 2. Membership in the Squadron shall be as prescribed by the National Constitution of the American Legion.

Article X

Ed. Brauner 307 Incorporated

Section 1. The Post recognizes a Louisiana Corporation known as American Legion, Ed. Brauner Post 307, Incorporated.

Section 2. All members of Ed. Brauner Post 307 as of 1 Jan 2018 shall be members of this Corporation. Membership in corporation other than above shall be commander, past commanders, or member who have completed 5 (five) continuous years membership in Ed Brauner American Legion Post 307.

Article XI

Amendments

Section 1. This Constitution is adopted subject to the provisions of the national constitution of the American Legion and of the department constitution of the department of Louisiana, the American Legion. Any amendment to said national constitution or department constitution which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this constitution to the extent of such conflict.

Section 2. This constitution may be amended at any regular post meeting by a vote of two-thirds of members of said post attending such regular meeting, provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said post, and providing further that written notice shall have been mailed to all members at least Ten (10) days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the constitution is to be voted upon.

BY-LAWS

Article I

Section 1. The post existing under these bylaws is to be known as Ed. Brauner Post No. 307, The American Legion, Department of Louisiana.

Section 2. The objects of this post are as set forth in the constitution.

Article II

Management

Section 1. The government and management of the Post is entrusted to an Executive Committee as listed in Article V, Section 1 of the Constitution. Past Post Commanders in good standing shall be automatically members of the Executive Committee with voice but without vote.

Section 2. The executive committee shall consist of: four (4) members in addition to the officers of the post. The four members of the executive committee and the Commander, 1st Vice Commander, 2nd Vice Commander, 3rd Vice Commander, Sergeant-at-Arms, and two (2) color bearers shall be elected annually not more than forty-five (45) days nor less than ten (10} days preceding the department convention, and shall be installed into office at the first meeting following the convention. All elections of officers for contested positions shall be by ballot and the candidate or candidates receiving a majority of the votes cast shall be elected. Members of the executive committee and color bearers shall be elected by a plurality of votes cast. When candidates for office, other than executive committee or color bearer, do not receive a majority of the votes cast, a runoff election shall be held until a candidate or candidates receive a majority of the votes cast.

Section 3. All vacancies existing in the executive committee, or in any office of the post from any cause other than the expiration of the term, shall be filled by appointment of the commander with approval of Executive Committee. A person so appointed shall hold office for the unexpired term of the member of the committee or officer whom he succeeds. In the event that any member of the executive committee shall be absent for three (3) meetings in a fiscal year of the Post Meetings and/or the Post Executive Committee meeting without being excused by the Post Commander or the Post Executive Committee, such office shall be declared vacant. The vacancy so created will be filled by appointment of the commander and approval of Executive Committee.

Article Ill

Post Executive Committee

Section 1. The post executive committee shall meet for organization and such other business as may come before it at the call of then post commander within ten days after the installation of the officers. Thereafter, the post executive committee shall meet at the call of the commander at least every ninety (90} days and as often as said commander may deem necessary. The commander shall call a meeting of the post executive committee upon joint written request of three or more members of said post executive committee, a majority of membership of the committee shall constitute a quorum thereof.

Section 2. The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having custody of Post funds including but not limited to Commander, Adjutant and Finance Officer; shall hear the reports of post committee chairman; and generally shall have charge of and be responsible for the management of the affairs of this post.

Article IV

Duties of Officers

Section 1A. 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 and affairs of the post, and such officer shall be the chief executive officer of the post. He shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the Post for the year, and recommendations for the ensuing year, which shall be read at the annual meeting and a copy thereof immediately forwarded to the Departmental Adjutant. He shall perform such other duties as directed by the Post.

Section 1B. A Post Commander is defined as one, who following installation, serves with honor and dignity in the best interest of the American Legion for the period of his term to be eligible to receive any Post honors or awards unless physically or mentally incapacitated or transferred due to employment.

Section 2. Duties of Vice-Commanders. The vice-commanders 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.

Section 3. Duties of Post Adjutant: The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the department and national organizations may require, render reports of membership annually or when called upon at a meeting, and under direction of the commander, handle all correspondence of the post.

Section 4. Duties of the Finance Officer. The finance officer of the post shall have charge of all finances and see that they are safely deposited in some local bank or banks, and shall report once a month to the post and executive committee the condition of the finances of the post, with such recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the post. He shall sign all checks disbursing the monies of the post. He shall furnish surety bond in such sum as shall be fixed by the post executive committee.

Section 5. Duties of Post Historian: The post historian shall be charged with the individual records and incidents of the post and post members, and shall perform such other duties as may properly pertain to the office as may be determined by the post or the executive committee.

Section 6. Duties of Post Chaplain. The post chaplain shall be charged with the spiritual welfare of the post comrades and will offer divine but non-sectarian services in the event of dedications, funerals, public functions, etc., adhere to such ceremonial rituals as are recommended by the national or department headquarters from time to time.

Section 7. Duties of the Sergeant-at- Arms. The sergeant-at-arms shall preserve order at all meetings, and shall perform such other duties as may be from time to time assigned to him by the post executive committee.

Section 8. Color Bearers shall be responsible for the care, display, and placement of the colors of the nation and the post at all meeting and any other post function where requested by the Commander. The color bearers shall also be responsible for the care and display of the POW/MIA table for all meetings.

Section 9. Duties of Judge Advocate. The judge advocate shall advise Post Executive Committee and membership on all legal matters including instructions and interpreting of Post Constitution and Bylaws and shall perform such other duties as are usually incident to the office.

Section 10. Duties of Service Officer, The post service officer is responsible for bringing to the attention of all veterans and their dependents the rights granted them by law.

Article V

Delegates

Section 1. In Order to be a delegate representing Ed Brauner Post 307, a Legionnaire must be in good standing with Ed Brauner Post 307 and pay his or her registration fee at the Department Convention and/or Fall and/or Spring Conferences. Ed Brauner Post 307 recommends a block vote (not split votes) for the candidate with the majority vote of the delegates. If for any reason the chosen candidate does not run in the main election, members (delegates) present will re-caucus to select another candidate.

Article VI

Appointments

Section 1. The Post Commander, immediately upon taking office each year, shall appoint an adjutant, a finance officer, a historian, a chaplain, judge advocate and service officer and committees deemed necessary in the best interest of the post including the following standing committees:

Section 2. Membership Committee. The membership committee shall have charge of all matters pertaining to the membership of the post, including the procuring of new members, reinstatement and eligibility of members.

Section 3. Finance Committee. The finance committee shall be charged with the administration of the financial policy, preparation of budget recommendations and supervision of receiving, disbursing and accounting of all post funds.

Section 4. Legal Committee. The legal committee shall be charged with the legal supervision of post affairs and audit of post financial records.

Section 5. Publicity Committee. The publicity committee shall be charged with the promotion of public support of the Legion program by the establishment of proper contact with the American Legion Magazine, department and national Legion media and communication services and by local publicity of post programs and activities.

Section 6. Veterans Affairs & Rehabilitations Committee. The veterans’ affairs & rehabilitations committee shall supervise all matters pertaining to service to comrades in the prosecution of all Just claims against the United States or state governments, employment, relief, etc.

Section 7. Americanism Committee. The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observances of patriotic occasions; encouragement of patriotic and civic phases of instruction in schools; Americanization of aliens; combating anti-American propaganda by education of the general public in American ideals through public forums; etc., and activities for community and civic betterment.

Section 8. Athletic Committee. The athletic committee shall be charged with the promotion of physical development and clean sports by the organization of post athletic teams, recreation, etc., and by co-operation and support in the general recreational athletic program of the community.

Section 9. Sons of the American Legion Committee. Shall have overseership of the operation of the post's squadron of the Sons of the American Legion.

Section 10. Children and Youth Committee. Shall be charged with aid and service to children of veterans, co-operating with other established agencies in the community; laboring for the betterment of child conditions and in coordinating service and agencies in the community for the above purposes. To act as intermediary for the needy child of a World War veteran in obtaining the fulfillment of the Legion's pledge that "no child of a World War veteran shall be in need of the necessities of life" and "a square deal for every child."

Section 11. Security Committee. Shall work with and co-ordinate Legion efforts with the Local Homeland Security council on matters pertaining to national, civilian and home defense. To assist the armed forces of the United States in recruiting efforts and in every way be active in community activities for the defense of the nation and the security of the American home.

Section 12. Such standing committees shall consist of members designated by the Post Commander with the approval of the Executive Committee. The Post Commander shall have the prerogative to designate the chairman of each committee.

Article VII

Section 1. All resolutions of state or national scope presented to this post by a member or reported to this post by a committee, shall merely embody the opinion of this post on the subject and copy of same shall be forwarded to the department headquarters for its approval before publicity is given or action other than mere passage by the Post is taken.

Article VIII

Meetings

Section 1. The regular meeting of this post shall be held at the location designated by post officers, on the fourth Thursday of each month, at which may be transacted such business as may properly be brought up for action; such meeting may be converted into entertainment meetings, as may be deemed advisable by the officers of the post. The November meeting shall be re-scheduled to the third Thursday of November due to Thanksgiving.

Section 2. The post commander or a majority of the executive committee shall have power to call a special meeting of the post at any time.

Section 3. Upon written request of ten Post members for a good cause shown, the executive committee shall call a special meeting of the Post.

Section 4. Fifteen (15) members shall constitute a quorum.

Article IX

Notices

Section 1. Every member shall furnish the post adjutant his or her address for mailing purposes.

Section 2. The post adjutant shall cause notice of the annual election to be given at least one week prior thereto.

Article X

Rules of Order

Section 1. All proceedings of this post shall be conducted under and pursuant to Roberts' Rules of Order, except as herein otherwise provided.

Article XI

Limitation of Liabilities

Section 1. This Post shall incur, or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other post, subdivision, members of The American Legion, or other individuals, corporations or organizations.

Article XII

Amendments

Section 1. These bylaws may be amended at any regular post meeting by a vote of two-thirds of the members of said post attending such meeting; provided, that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said post; and provided, further, that written notice shall have been given to all members at least ten (10) days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the bylaws is to be voted upon.