The American Legion, The Department of Iowa, Post 298  

Post 298 By Laws  effective 

Article I

Section 1 The Post existing under these By-laws is to be known as: Marion Post No. 298, The American Legion, Department Of Iowa.

Section 2 The objects of this Post are as set forth in the Constitution of The American Legion.

Section 3 Any person shall be eligible for membership in the American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard, Air Force or Merchant Marines of the United States and assigned to active duty at some time during the dates listed by the National Headquarters.

Article II - Management

Section 1 The government and management of the Post is entrusted to an Executive Committee of 15 members, to be known as the "Executive Board."

Section 2 The Executive Board shall consist of 4 members in addition to the officers of the Post and together with the other officers of this Post shall be elected annually at the regular election in July and their terms of office shall begin on the day following the close of the annual Department Convention. All elections of officers and executive committeemen shall be by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates. The members that comprise the Executive Board are: Commander, Adjutant, First Vice Commander, Second Vice Commander, Finance Officer, Service Officer, Chaplain, Sergeant at Arms, Historian, Chairperson of the Building and Grounds Corporation Committee, and the Chairperson of the Marion Veterans Club Corporation Committee. Other members may be requested to attend at the discretion of the Executive Committee by simple majority vote in a non-voting status.

Section 3 All vacancies existing in the Executive Board, or in any office of the Post from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the committee, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer who they replaced. A vacancy shall exist when a member or officer is absent from the Post for a continuous period considered detrimental to the interest of the Post by the Executive Board.

Article III - Post Executive Board

Section 1 The Post Executive Board shall meet for organization and such other business as may come before it at the call of the Post Commander prior to the first regular meeting after the installation of the new officers. Thereafter the Post Executive Board shall meet before each regular meeting of the Post and as often as said Commander may deem necessary. The Commander shall call a meeting of the Post Executive Board upon the joint written request of three or more members of the Post Executive Board. A majority of the members of the board shall constitute a quorum thereof. The Executive Board shall make an annual calendar in December for the following year. This calendar shall have the primary events the club will center upon.

Section 2 The Post Executive Board shall authorize and approve all expenditures not otherwise authorized by these bylaws. Non-budgeted expenditures will be approved by the members present at the next meeting of Post 298. May require adequate bonds from all persons having the custody of Post funds, paid for by Post 298; and generally shall have charge of and be responsible for the management of the affairs of the Post.

Section 3 Object and purpose of the Death Benefit Fund

(a) The object and purpose of this article is to provide for the maintenance of a Death Benefit Fund to be administered and disbursed for the benefit of members of Marion Post #298, Incorporated: and to establish rules to govern the control of the fund. This fund shall be administered by the Executive Board.

(b) Eligibility for benefits: Members of Marion Post #298 of The American Legion, who shall have joined the post on or after July 20, 1943 and who are in good standing and are fully paid for the calendar year, will be entitled to an accumulated credit of Ten Dollars ($10.00) per year of continuous, uninterrupted and consecutive membership in Post #298. A member must have been a continuous member of Marion Post #298 for five (5) years; this constitutes a minimum payment of Fifty Dollars ($50.00). The Maximum benefit to which any member may be entitled under the provisions of this Article shall be the sum of One Hundred Dollars ($100.00).

(c) The benefits provided for in this article shall be paid within thirty days after the Adjutant has received sound and sufficient evidence of the death of a member. No claim for a benefit shall be valid unless proof of the death is furnished within one year of the date of death.

(d) The benefit shall be paid to the next of kin of the veteran, to any member of his family the estate executor may designate or to the executor or administrator of the veteran's estate. The committee shall not be obligated to pay benefits unless funds are available for that purpose.

(e) The Finance Officer shall keep a detailed record of the securities held in the fund. The Adjutant shall notify the Finance Officer upon the death of a qualifying member and the payment of benefits shall be accomplished in the form of a check.

(f) History: The benefits to be paid by the Death Benefit Fund shall be payable from a fund established by a resolution adopted at the regular meeting of Marion Post #298, held on August 30, 1948. At this meeting the corporation by formal resolution approved the purchase of Series E, United States Government Bonds having a maturity value of Seven Thousand Dollars ($7,000.00). The Fund shall receive such additional amounts as shall come into its hands from time to time until the principal of the fund totals Fifteen Thousand Dollars (15,000.00) or such larger amount as shall hereafter be found to be necessary for the purposes of the Fund.

Article IV - Meetings

Section 1 The regular meetings of the Post shall normally be held at the Post Headquarters on the second Monday of each month at which may be transacted such business as may properly be brought up for action. Day may be changed as events dictate and if so will be published in the post newsletter.

Section 2 The Post Commander or a majority of the Executive Board shall have power to call a special meeting of the Post at any time.

Section 3 Upon written request of twenty (20) members of the Post, the Executive Board shall call a special meeting of the Post.

Section 4 Twenty (20) members in attendance at a regularly called meeting shall constitute a quorum.

Article V - Election of Officers

Section 1 There shall be a nominating committee with the Junior Past Commander as the Chairperson upon his/her approval; otherwise the Executive Committee shall appoint the nominating Chairperson. The Chairperson may appoint other members to the nominating committee.

Section 2 First call for nomination of elective officers shall be held at the regular May meeting, Second call will be held at the June meeting. Third call, election, and installation of said officers shall be held at the July meeting. Their terms of office shall begin on the day following the close of the annual Department Convention of this organization

Section 3 The Post Adjutant shall cause notice of the annual nomination, the annual election and any amendment to the Constitution and by-laws to be given by mail to all members at least two (2) weeks prior thereto.

Section 4 All elections of Post officers shall be by ballot and the candidate or candidates in good standing of Post 298 receiving the highest number of votes shall be elected to the respective offices for which they are candidates for a term of one (1) year.

Section 5 No member shall hold the office of the Post Commander or Post First Vice-Commander or Post Second Vice-Commander for more than one consecutive year, unless there is no nomination for that office.

Section 6 All vacancies existing in the executive board, or in any office of the Post for any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the executive board, and approved by the membership in attendance at the next meeting of Post 298. A person so appointed shall hold office for the remaining term of the member of the committee or officer who he succeeds. A vacancy shall exist when a member or officer is absent from this Post for a continuous period considered detrimental to the interest of the Post by the executive board.

Section 7 The existing officers and committees shall hold their offices and position as described in these bylaws or until the next annual election.

Section 8 The following shall be officers of Post 298: Commander, Adjutant, First Vice-Commander, Second Vice-Commander, Finance Officer, Service Officer, Chaplain, Sergeant At Arms, Historian, Chairperson of the Building and Grounds Corporation Committee, Chairperson of the Marion Veterans Club Corporation Committee, and four other elected members shall constitute the Executive Board.

Section 9 Any officer of Post 298 may be removed from office for just cause by a three-fourths vote of the membership in good standing at the Post meeting, provided thirty days notice in writing of the date of the hearing shall be given to the officer before such vote for removal from office shall be taken.

Section 10 Any elected committee person may be removed for inefficiency or misconduct by a three-fourths vote of the members present at any regular meeting of Post 298.

Article VI - 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 of the Post, and shall be the Chief Executive Officer of the Post.

Section 2 Duties of First Vice-Commander: The First Vice-Commander shall be the chairperson of the membership committee. He/she shall assume and discharge the duties of the office of the Post Commander in his/her absence or disability or when called upon by the Post Commander.

Section 3 Duties of Second Vice-Commander: The Second Vice-Commander shall be the chairperson of the entertainment committee. He/she shall assume and discharge the duties of the office of the Post Commander when both the Post Commander and First Vice-Commander are absent or disability or when called upon by the Post Commander. The Second Vice-Commander shall have $2,000.00 working capital and shall report on this fund at each regular meeting of Post 298. All moneys exceeding $2,000.00 shall go to the General Fund.

Section 4 Duties of the 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 Organization may require, render reports of membership annually or when called upon at a meeting and under direction of the Executive Board, handle all correspondence of the Post. He/she shall be responsible to sign all checks and disburse the moneys of the Post in the prolonged absence of the Finance Officer.

Section 5 Duties of the Finance Officer; The Finance Officer of the Post shall have charge of all receiving and disbursing of Post funds other than prescribed by these bylaws. He/she shall see that all moneys are safely deposited in some local bank or banks. He/she shall report to the general membership at the regular Post meeting the condition of the finances of the Post with such recommendation as may be deemed expedient or necessary for raising funds with which to carry on the activities of the Post. He/she shall prepare a projected annual budget in September for review and approval by the Executive Board and approval by the general membership.

Section 6 Duties of Post Historian: The Post Historian shall be shall be the chairperson of the Public Relations committee and is charged with recording 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 Executive Board

Section 7 Duties of Post Chaplain: The Post Chaplain shall be charged with the spiritual welfare of the Post Comrades and will offer divine but nonsectarian service in the event of dedications, funerals, public functions etc. and adhere to such ceremonial rituals as are recommended by Department or National Headquarters from time to time.

Section 8 Duties of the Sergeant At Arms: The Sergeant At Arms shall preserve order at all meetings, assume the command of the color guard and firing squad, be responsible for all matters of flag etiquette and shall perform other duties as may be from time to time assigned to him/her by the Post Executive Board.

Section 9 Duties of the Service Officer: The Post Service Officer shall be chairperson of the Service Committee and is responsible for visits to ailing comrades and bringing to the attention of all veterans and dependents the rights and benefits granted them by law.

Section 10 Duties of the Audit Committee: The Audit Committee shall be the four elected members from the Executive Board. The Post Commander will name one of them as chairperson. They shall audit the Post finances and books at the end of each calendar year or change of Finance Officer and report to the general membership. It shall be a written report. After reading the report the chairperson will make a motion for the report to be accepted into record.

Article VII - Delegates

Section 1 Commander, Delegates and Alternates elected to the Department Convention shall attend subject to the approval of the Post membership.

Section 2 Commander, Delegates and alternates elected to the National Convention shall attend subject to the approval of the Post membership.

Section 3 Travel expenses are budgeted for the Commander to attend the Department and National conventions. Any excess funds shall be divided among other elected delegates attending.

Article VIII - Appointments

Section 1 Appointments: The Post Commander shall be the chairperson of the Executive Board and may appoint the following officers and standing committees: Children and Youth, Americanism, Membership, Entertainment, Public Relations, Service, Constitution and By-Laws, Judge Advocate, and any other deemed necessary for the smooth operation of the Post. The Executive Board shall approve all appointees.

Section 2 Duties of Children and Youth Chairperson: The Children and Youth Chairperson shall coordinate events to provide patriotic, flag etiquette and civic instruction in schools, youth activities such as Boys State, Boy Scouts, Oratorical Contest, School Award Medals, Baseball, and other similar community service.

Section 3 Duties of Judge Advocate: The primary duty of the Judge Advocate is to supply professional advice in the conduct of the Post business or to procure proper counsel. He/she is the guardian of the constitutional form of the Post government. The Judge Advocate can supply valuable assistance to other Post committees and officers. He/she should be available to the Service Officer for legal advice and to the Americanism committee on matters relating to education and naturalization laws. Any Post committee can benefit from the Judge Advocate's contacts with the office holders of local government.

Section 4 Duties of Constitution and By-Laws Committee: The Constitution and By-Laws Committee shall be appointed when need arises, or to review the bylaws every even numbered year. The First Vice Commander shall chair the committee. They shall prepare all amendments to the constitution and by-laws of the Post before the same are presented to the Executive Board and then the Post General Membership for approval to amend the constitution or by-laws of the Post.

Article IX - Committee Responsibilities

Section 1 Duties of The Marion Veterans Club Corporation Committee: will operate in accordance with the by-laws of Marion Post #298, The American Legion, Department of Iowa. The responsibility of the Marion Veterans Club includes: hiring such employees as may be necessary, general operation and order of the Veteran's Club bar, and reporting finances to the General Membership at each monthly meeting. All bookkeeping requirements for taxation purposes, Liquor Licenses, and Gambling Licenses will be maintained and these fees paid by this committee. The Veterans Club shall have $10,000 working capital and shall report on this fund at each regular meeting of Post 298. All moneys exceeding $10,000 shall go to the General Fund.

(a) The Veterans Club Corporation Committee shall consist of 6 members, elected at the time of the Marion Post 298 membership general election.

(b) All members shall be elected for two (2) year terms.

(c) There will be six (6) members elected in 1994 and three (3) members elected each year thereafter.

(d) The members of the Veterans Club Corporation Committee shall nominate and elect from their own membership a Chairperson, a Vice-Chairperson, a secretary and a treasurer. These members of the Veterans Club Committee shall be the officers of the Marion Veterans Club Corporation. A meeting must be held within 30 days of the election that is called as a corporate meeting for the purpose of internal committee nomination and recording in formal minutes.

(e) Any expenses (other than operating expenses or emergencies) above $500 must be approved by the General membership.

Section 2 The Building and Grounds Corporation Committee is to provide regular maintenance of the building (inside and outside), all equipment and grounds. In addition, the duties include improving the building and/or grounds as needed.

(a) The Committee shall consist of 11 members; the outgoing commander and 10 members from the general membership.

(b) All Committee members shall be elected for two (2) year terms, with the exception of the outgoing commander, which will change each year. 5 members from the general membership will be elected at the time of the Marion Post 298 membership general election with half of the 10 members replaced each year.

(c) The outgoing commander has the option of accepting or declining this position and in such case another member will be elected from the General Membership for his/her one year term.

(d) The members of this Committee shall nominate and elect from their membership a Chairperson, a Vice-Chairperson, Secretary and Treasurer.

(1) The Treasurer shall make monthly reports to the Marion Post 298 general membership meeting regarding the allotted money and committee activities for the month.

(e) Except in the event of an emergency, expenditures by the Committee in excess of $2000.00 for a single item of repair, maintenance, building addition, or the like will be prior approved by the Post Executive Committee and the General Membership.

Section 3 Duties of Service Committee: The Service Officer shall be chairperson of this committee. To be concerned with Veteran employment, veteran contacts, visits to ailing comrades, on the job training and pensions. This committee also is responsible for maintaining contact with members of the Armed Forces from the community served by the Post.

Section 4 Duties of Public Relations Committee: The Historian shall be chairperson of this committee. The Committee is to promote public support of the Legion's programs through publicity of Post programs and activities in local newspapers or on radio, TV, etc.; by keeping the membership informed on American Legion programs in general through contact with the American Legion News Service, other news services, and publish a Post newsletter.

Article X - Meeting Protocol

All proceedings of this Post shall be conducted under Robert's Rules of Order.

Article XI -Liability

This Post shall incur or cause to be incurred no liability or obligation whatever which shall subject to liability any other Post, subdivision group of persons, members of the American Legion or other individual's, corporations or organization.

Article XII - Amendments

Amendments These by-laws may be amended at any regular Post 298 meeting by a vote of two-thirds of the members of said Post attending such regular meeting provided that the proposed amendment shall have been submitted in writing and read at the next proceeding regular meeting of the Post and provided, further, that written notice shall have been given to all members 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 by-laws is to be voted upon.

Article XIII - Auxiliary

Section 1. The Post recognizes an auxiliary organization to be known as "The American Legion Auxiliary Unit 298."

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

Article XIV - Sons of the American Legion

Section 1. The Post recognizes an auxiliary organization to be known as "The Sons of the American Legion Squadron 298."

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

Article XV - Prior Bylaws

Section 1 All existing by-laws of American Legion Post 298 and all committees, which have been adopted or enacted prior to this date, are hereby repealed.

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