The American Legion, Department of Colorado
Tri-Lakes Post 9-11
Constitution
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 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 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 AND PURPOSE
Section 1. The name of this organization shall be American Legion Tri-Lakes Post 9-11. The American Legion—Department of Colorado
Section 2: The purposes of this Post shall be to promote the principles and policies as set forth in the foregoing Preamble, and the National and Departmental Constitutions of The American Legion
ARTICLE II – NATURE
Section 1. This Post is a civilian organization, and membership therein does not affect or increase liability for military or police service.
Section 2. The organization shall be absolutely non-political and shall not be used for dissemination of partisan principles and shall not be used 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 title in any meeting of this Post.
ARTICLE III – MEMBERSHIP
Section 1. Any person may become a member of this Post who is eligible for membership in The American Legion 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 for life.
Section 3. Application for membership in this Post shall be made on an official American Legion Membership Application form.
Section 4. Applications for membership shall be reviewed to verify the eligibility of the candidates. Applications of eligible candidates shall be presented to the membership, which shall vote for acceptance, rejection, or referral for further consideration. A majority vote of the membership present shall be required for acceptance of candidates for membership. Candidates accepted for membership must provide proof of eligibility, DD Form 214, etc. A candidate not receiving such majority vote shall be recorded as rejected, and his or her application for membership shall not again be considered until after the expiration of six months from the date of such rejection.
Section 5. A member, whose dues for the current year have not been paid by January 1st, shall be classed as delinquent. If their dues are paid on or before February 1st, they shall be automatically reinstated. If still delinquent after February 1st, they shall be suspended from all privileges of membership. If still under suspension on June 30th of each year, membership in The American Legion shall be forfeited.
Section 6. Any member of this Post may be expelled or suspended from this Post for cause by two-thirds vote of the members present, in the presence of a quorum, after charges are preferred in writing and under oath, and after a fair trial upon the charges. Grounds for expulsion of members and procedures to be followed shall be as prescribed in Article XII, Section 1 of the Constitution of The American Legion, Department of Colorado.
Section 7:
- (a) A member who has been expelled or suspended from this Post under provisions of Sections 5 or 6 above, may be reinstated to membership by a two-thirds vote of the membership present in a Post meeting, and by payment of current dues for the year in which the reinstatement occurs.
- (b) 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 requested and denied, the expelled member may then appeal to the State Executive Committee of the Department of the expelling Post for permission to apply for membership in this Post, and shall be ineligible for membership until such permission is granted.
ARTICLE IV – GOVERNMENT
Section 1. The officers of this Post shall be a Commander, a Senior Vice Commander, a Junior Vice Commander, an Adjutant, a Finance Officer, a Chaplain, an Historian, a Sergeant-at-Arms, a Judge Advocate, and such other Officers as deemed necessary by the organization.
Section 2: The administrative affairs of this Post shall, except as may be otherwise provided by the By-Laws, be under the supervision of the Executive Committee. This Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.
Section 3: Every member of this Post in good standing shall be eligible to hold office in this Post.
Section 4: Officers of this post shall be elected annually for a term of one year, and shall hold office until their successors have been elected and installed.
Section 5: Any officer may be removed from office for inefficiency or dereliction of duty by a two-thirds vote of the Executive Committee.
Section 6: The duties of officers and the Executive Committee persons shall be those usually pertaining to such offices or committee persons and as further provided in the By-Laws.
Section 7: When any elective or appointive office of this post becomes vacant, a replacement will be appointed by the Commander with the consent of the Executive Committee. Officers so appointed to fill vacancies shall serve until a successor has been elected in accordance with Section 4 of this article.
ARTICLE V – BOARD OF TRUSTEES
Section 1. The Board of Trustees shall be incorporated as the official body representing The American Legion Tri-Lakes Post 9-11, Department of Colorado in all legal and binding agreements. The Board is empowered to enter into contracts, mortgages, and other fiscal instrumentalities as the official authority of the Post. The Board derives its power to act on behalf of the Post by approval of resolutions authorizing the pertinent activity. The authority may be limited only to the action to be taken, the best method of action to be determined by the Board.
Section 2: All members of the Board of Trustees shall be bonded and governed by State and Federal regulations pertaining to the administration of sound business practices. It shall further be the responsibility of all members of the Board of Trustees to act judiciously in the execution of all duties to enhance the image of The American Legion.
Section 3: Selection for membership to the Board of Trustees and conduct of meetings of the Board of Trustees shall be governed by the By-Laws of The American Legion Tri-Lakes Post 9-11.
ARTICLE VI – FINANCE
Section 1. The revenue of this Post shall be derived from annual membership dues and from such other fund raising activities as may be approved by the Executive Committee.
Section 2: The amount of such annual membership dues shall be established by the Executive Committee subject to approval by a majority vote of the members present at a regular Post meeting. Any proposed change in the amount of such annual membership dues will be announced in writing to the members by email or correspondence not less than thirty days prior to the date of the meeting at which a vote will be taken.
Section 3: The Post shall pay to Department Headquarters the National and Department annual per-capita membership dues for every member of the Post.
Section 4: Financial records of the Post shall be audited annually following receipt of the financials for the period ending 30 June. The audit shall be conducted by a committee consisting of the incumbent Judge Advocate (Chairman) and the newly-elected Senior Vice Commander and the old and new Finance Officers. Results of the audit shall be reported to the membership at the regular Post meeting immediately following the completion of the audit.
ARTICLE VII – CHARTER MEMBERS
Section 1: Members who joined this Post prior to December 29, 2005 as signatories of the temporary charter or members who joined this Post prior to August 1, 2006 shall be known as Charter Members.
ARTICLE VIII – AUTHORITY AND 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 Colorado, The American Legion. Any amendment to said National or Department Constitution which is in conflict with any provision of the Constitution shall be regarded as automatically repealing or modifying such provision of this Constitution to the extent of such conflict.
Section 2: Any proposed amendment to the Constitution must be scrutinized by the Constitution and By-Laws Committee prior to being submitted for reading at a regular Post meeting. Upon passing this scrutiny, this Constitution may be amended at any regular Post meeting by a vote of two-thirds of the members present and voting, providing that the proposed amendment shall have been submitted in writing and read at the preceding regular Post meeting, and providing further that written notice by email or correspondence shall have been given to all post members at least thirty days in advance of the date when such amendment is to be voted upon, notifying members that at such a meeting a proposal to amend the Constitution is to be voted upon.