CONSTITUTION OF WARRINGTON POST #240, INC.
THE AMERICAN LEGION
DEPARTMENT OF FLORIDA
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 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 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 Warrington Post #240, Inc., The American Legion, Department of Florida.
Section 2. The office of the Post shall be located at The American Legion Home, 8666 Gulf Beach Highway, Pensacola, Escambia County, Florida. The mailing address of the Post shall be 8666 Gulf Beach Highway, Pensacola, Florida 32507, or as directed by the Post Executive Committee.
ARTICLE II
OBJECTS
Section 1. The objects of this Post shall be: To promote the principles and policies as set forth in the foregoing Preamble and the National and Departmental Constitution of The American Legion.
ARTICLE III
NATURE
Section 1. The American Legion is a civilian organization. Membership therein does not affect nor increase liability for military or police service. Rank does not exist in The American Legion; no member shall be addressed by his or her military or naval title in any meeting of this Post.
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 candidacy of any person seeking public office or preferment.
ARTICLE IV
MEMBERSHIP
Section 1. Eligibility to membership in this Post shall be as prescribed by the National Constitution of The American Legion.
Section 2. There shall be no form or class of membership except an active membership, and dues shall be paid annually or paid up for life. However, provided this Post may elect Honorary Life Members who shall thereupon be relieved of the payment of any subsequent dues, and this Post will transmit Department and National assessments yearly for each elected Honorary Life Member. Honorary Life Membership will not be conferred by a vote of this Post unless all members shall be notified in writing in advance of the regular meeting that the voting is to take place for Honorary Life Members.
.Section 3. Applications for membership shall be made in writing under such regulations as may, from time to time, be prescribed by the Post Executive Committee, preferably of forms provided by National Headquarters of The American Legion.
Section 4. 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, or referred for further investigation and consideration. If a majority of members present cast their vote against the acceptance of said application, then such application shall be recorded as rejected. A rejected application shall not again be considered until after the expiration of six (6) months from the date of such rejection.
Section 5. Members may be reprimanded, suspended, or expelled from The American Legion only upon proper showing for cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty, or conduct unbecoming a member of The American Legion. All charges must be made under oath in writing by the accusers, and no member in good standing shall lose his membership until given a fair trial by the Elected Officers and Executive Committeemen of this Post. Department of Florida Constitution Article X, Section 14 & 15, and practice and procedures in expulsion or suspension of a member of The American Legion in the Post Officer’s Guide are germane.
Section 6. Any 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 at a Regular Post meeting and the payment of current dues for the year in which reinstatement occurs.
Section 7. Any member who has been suspended or expelled shall have the right to appeal to the Department Executive Committee or to the Department Convention. The decision of the Department shall be final.
Section 8. No person who has been expelled by a Post shall be admitted membership in this Post without the consent of the expelling Post, except where consent has been asked for and denied by such Post, he or she may then appeal to the Department Executive Committee for permission to apply for membership in this Post, and shall be ineligible for membership until such permission is granted.
Section 9. This Post shall have full power and authority to drop from the membership roll the name of any member not paying his annual dues, as provided in the National constitution and Bylaws.
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 Five (5) members in addition to the elected officers of this Post. The term of office of members of Executive Committee shall be for one year. This Post by it Bylaws may provide for such standing committees as the business of the organization may require.
Section 2. The officers of this Post shall be a Commander, a First Vice Commander, a Second Vice Commander, a Third Vice Commander, an Adjutant, a Finance Officer, a Judge Advocate, A Sergeant-at-Arms and such other officers as may be deemed necessary by this organization. The candidates for elected office shall be nominated from the floor at the time of the Annual Election; however, the Post Commander may appoint a Nominating Committee of three (3) members to contact and select members fro the offices of this Post. This committee must make its report of its candidates at the Regular Meeting preceding the Annual Election. This Committee must make its report based on a personal interview of each candidate by the Committee. This Committee shall submit one name per office and five (5) Executive Committeemen.
Section 3. All officers and Executive Committeemen shall be elected annually. All officers shall be elected by a majority ballot, except for the Executive Committeemen, who shall be elected by a plurality ballot. They shall hold office until their successors are duly installed or as otherwise provided; the exception to this being the office of Post Adjutant, Post Service Officer and Post Judge Advocate who shall be appointed by the Post Commander elect. Any officer or Executive Committeemen may be reprimanded, suspended or removed from office upon charges based upon disloyalty to The American Legion or to the National Government, neglect of duties, dishonesty and conduct unbecoming a member or officer of The American Legion. Department of Florida Constitution Article X, Section 18 is germane.
(Change: Section 3 third sentence – add – The bylaws may provide that election shall be by ballot except when there is but one candidate for office, the election may be by voice.)
Section 4. Every member of this Post in good standing shall be eligible to hold office in this Post, except as otherwise proved in Article III, Section 2 hereof, or as elsewhere provided in this Post’s Bylaws.
Section 5. The office of Post Commander shall not be held by any one person longer than two (2) consecutive years.
Section 6. All officers of this Post, except the Post Adjutant, Post Service Officer, and Post Judge Advocate shall be elected annually and certified to the Department Adjutant, not more than fifty (50) days nor less than ten (10) days prior to the Annual Department Convention. Department of Florida Constitution Article X, Section 13 is germane.
Section 7. Post Officers shall be installed by the District Commander or his designated representative, take office and enter upon their duties at a date fixed by this Post, which date shall be subsequent to but not later than sixty (60) days after adjournment of the Annual Department Convention. Department of Florida Article X, Section 13 is germane.
Section 8. Duties of Post officers and Executive Committeemen shall be those usually appertaining to such officers or committeemen and as further provided in the Bylaws. In addition, all officers and executive Committeemen will be expected to attend each Post Funeral Service for deceased members.
Section 9. Each officer shall use and follow The American Legion Post Officer’s Guide in conducting its meetings, initiation of members and other ceremonies prescribed therein.
ARTICLE VI
FINANCE
Section 1. The revenue of this Post shall be derived (from membership or initiation fees), from annual membership dues and from such other sources as may be approved the Post or Executive Committee.
(Change: delete “from membership or initiation fees”
Section 2. The amount (of such membership or initiation fees and the amount) of such annual Post dues shall be fixed and determined by this Post.
(Change: delete “of such membership or initiation fees and the amount)
Section 3. This Post shall pay to Department Headquarters, the National and Departmental annual membership dues for every member of the Post except those members Paid Up For Life (PUFL).
ARTICLE VII
CHARTER MEMBERS
Section 1. Members, who joined this Post prior to the issuance of its charter, shall be known as Charter Members.
ARTICLE VIII
AUXILIARIES
Section 1. This Post recognizes an auxiliary organization to be known as Warrington Unit #240, The American Legion Auxiliary, Department of Florida. Membership in the Auxiliary shall be as prescribed by the National Constitution of The American Legion Auxiliary.
Section 2. This Post recognizes a subsidiary organization under its jurisdiction to be known as Warrington Squadron #240, Sons of The American Legion, Detachment of Florida. Membership in the Sons of The American Legion shall be prescribed by the National Organization of The American Legion.
ARTICLE IX
AMENDMENTS
Section 1. This Constitution is adopted subject to the provisions of the National Constitution of The American Legion and the Department Constitution of the Department of Florida, The American Legion. Any amendment to said National Constitution or Department Constitution, which is in conflict with any provisions herein 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 the members of this Post attending such regular meeting, providing that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of this Post, and providing , 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 Constitution is to be voted upon.
REVIEWED: _______________________________________________
JUDGE ADVOCATE, POST #240 DATE
ATTESTED: ________________________________________________
COMMANDER, POST #240 DATE
________________________________________________
ADJUTANT, POST #240 DATE
APPROVED: ________________________________________________
DEPARTMENT JUDGE ADVOCATE DATE
________________________________________________
DEPARTMENT ADJUTANT DATE
APPROVAL CONFIRMED: ________________________________________________
DEPARTMENT COMMANDER DATE