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Our By-Laws


Prescott - Bayens Post 83, Dept. of Wisconsin

 Post By-Laws


Article I

Section 1.  The Post existing under these By-Laws is to be known as Prescott – Bayens Post 83, American Legion Dept. of Wisconsin.

Sec. 2.  The objectives 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 of .......6........ members, to be known as the “Executive Committee.”

Sec. 2.  The Executive Committee shall consist of ........3.....non officers in addition to the officers of the Post (Cmdr. – 1st Vice Cmdr. – Adjutant/Finance Officer).  These members along with the Post officers are elected bi-annually at the Post meeting in May.  Post officers will be formally sworn in at the Sheboygan County Council Meeting in June, and take office at the meeting next following that of the election.  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.

Sec. 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 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 succeeded.  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 Committee.

Article III – Dues

Section 1.  The Post dues shall be $40.00 per year.  Dues may be changed upon a request of the Executive Committee, and a vote by the membership at a regular Post meeting. 

Section 2.  A member shall be automatically suspended if he/she fails to pay dues by February 15th of each year.  Members in arrears will be notified by the Adjutant of their deficiency by February 1st.  On March 15th, all suspensions for dues unpaid shall be considered delinquent and membership shall be forfeited.

Section 3.  Members suspended, and membership forfeited may be re-instated upon payment of delinquent dues, with a recommendation of the Executive Committee.



Article IV—Post Executive Committee

Section 1.  The Post Executive Committee shall meet for organization and such other business as may come before it after post elections.  The Committee Chairperson will notify the Post Commander prior to the next regular post meeting of any business discussed and that needs the attention of the membership.  Thereafter the Post Executive Committee shall meet at the call of the Commander at least every post meeting and as often as said Commander may deem necessary.  The Commander shall call a meeting of the Post Executive Committee upon the joint written request of three or more members of said Post Executive Committee, 4.......... members of the committee shall constitute a quorum thereof.

Sec. 2.  The Post Executive Committee ; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of Post funds; shall hear the reports of Post committee chairs; and generally, shall have charge of and be responsible for the management of the affairs of this Post.  It shall be the duty of this committee to consider questions regarding policy affecting the present and future activities of the Post.  It shall also make such recommendations as it deems necessary for the good of the Post.





Article V—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 and affairs of the Post, and such officer shall be the chief executive officer of the Post.  The commander 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 Department adjutant.  The commander shall perform such other duties as directed by the Post.

Sec. 2.  Duties of Vice-Commander.  The 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.

Sec. 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.


Sec. 4.  Duties of the Finance Officer/Treasurer.  The finance officer/treasurer 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 Executive Committee the condition of the finances of the Post, with such recommendations as may deem expedient or necessary for raising funds with which to carry on the activities of the Post.  The finance officer/treasurer shall sign all checks disbursing the monies of the Post, and shall furnish such surety bonds in such sum as shall be fixed by the Post Executive Committee.

Sec. 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.

Sec. 6.  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., adhere to such ceremonial rituals as are recommended by the National or Department headquarters from time to time.

Sec. 7.    Duties of Sergeant-at-Arms.  The sergeant-at-arms shall preserve order at meetings and shall perform such other duties as may be from time to time assigned by the Post Executive Committee.


Article VI—Delegates

Section 1.  Delegates and alternates to a Department convention shall be elected by ballot by the Post at a regular meeting of the Post to be held at least 20 days prior to the date of such convention.


Article VII—Appointments

Section 1.  The Post Commander, upon taking office each year, shall appoint the following standing committees as deemed needed by Post 83, Dept. of Wis.:  Americanism, Ceremonials, Children and Youth, Economic, Finance, Foreign Relations, Graves Registration and Memorial, House and Entertainment, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, National Security, Sons of The American Legion and Visiting or VAVS.  Such standing committees shall consist of such members, and the chair thereof, as shall be designated by the Post commander.

Sec. 2.  Americanism Committee.  The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance 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.

Sec. 3.  Ceremonials Committee.  The principal duty of the Ceremonials Committee is to insure all new members are properly initiated.  The committee also concerns itself with proper presentation of other rituals outlined in the Manual of Ceremonies—burial detail and the wearing of Legion regalia.



Sec. 4.  Children and Youth Committee.  Shall be charged with aid and service to children of veterans, cooperating with other established agencies in the community; laboring for the betterment of child conditions and in coordinating services and agencies in the community for the above purposes.  To act as intermediary for the needy child of a veteran in obtaining the fulfillment of the Legion’s pledge that “no child of a war veteran shall be in need of the necessities of life” and “a square deal for every child.”

Sec. 5.  Economic Committee.  The Post Economic Committee is primarily concerned with local employment programs, Veterans’ preference, government employment and re-employment rights.

Sec. 6.  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.

Sec. 7.  Foreign Relations.  This committee has become active as America has recognized its responsibility as a world leader.  Maintaining and securing world peace and friendship abroad through community endeavors have become as essential as any aspect of treaty law.

Sec. 8.  Graves Registration and Memorial Committee.  The duties of this committee involve recording of grave sites and complete information on veterans’ burial in cemeteries assigned to the Post.  Special assistance can be given the service officer in providing flags, headstones or proper interment in national cemeteries.

Sec. 9.  House and Entertainment Committee.  The House and Entertainment quarters promotion of club advantages and arrangement for social activities.

Sec. 10.  Legislative Committee.  The Legislative Committee needs to have a knowledge of what is going on in Congress—what we favor or oppose, and should be ready to initiate action in support of our position when requested by the national or Department organization.

Sec. 11.  Membership Committee.  The Membership Committee shall have charge of all matters pertaining to the membership of the Post, including the procuring of new members, reinstatements and eligibility of members.

Sec. 12.  Public Relations Committee.  The Public Relations Committee shall be charged with the promotion of public support of the Legion’s programs by the establishment of proper contact with The American Legion Magazine, Department and national Legion news service and by local publicity of Post programs and activities.

Sec. 13.  Veterans Affairs and Rehabilitation Committee.  The Veterans Affairs and Rehabilitation committee shall supervise all matters pertaining to service to comrades in the prosecution of all just claims against the United States or state government, employment, relief, etc.

Sec. 14.  Security Committee.  The Security Committee shall work with and coordinate Legion efforts with the local Civil Defense Council on matters pertaining to national, civilian and home defenses.  It shall 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.

Sec. 15.  Sons of The American Legion Committee.  This committee shall have supervision over the operations of the Post’s squadron of the Sons of The American Legion.

Sec. 16.  Visiting or VAVS Committee.  This committee is charged with visiting and comforting members and their families when sick or bereaved, and with visiting ex-service personnel in hospitals.


Article VIII—Resolutions

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 any publicity is given or action other than mere passage by the Post is taken.


Article IX – Financial Administration

Sec. 1 – Budget – It shall be the duty of each committee to determine their budget for the upcoming year by December 1st.  These budget requests will be forwarded to the Executive Committee for review and implementation.  The budget will also include Post donations to various charitable organizations to which the Post has donated to in previous years.  The budget will be brought to the membership for a vote.  If the budget does not pass, it will be referred back to the Executive Committee for further review, and then brought back to the membership at the next regular meeting for approval.




Financial Administration continued


Sec. 2. – Appropriations – The Post from time to time may make additional appropriations for expenditures of money not provided for in the Post budget.  Motions involving appropriations of funds shall be handled as outlined in the following Sections. 

Sec. 3. - Motions for expenditures of less than $200 may be approved if 2/3 of the membership present approves the motion and on the Financial Officers recommendation that these funds are available.

Sec. 4. – Motions for expenditures greater than $200, but less than $500 must be forwarded to the Executive Committee for approval.  The Executive Committee may meet after the meeting to review the request if the timeframe warrants such action.  If time is not a significant factor, the motion will be discussed and brought to the membership at the next regular meeting.

Sec. 5. – Motions for expenditures of more than $500 will be forwarded to the Executive Committee for discussion.  If the Executive Committee approves the motion, a ballot must be sent to each member of the Post for approval and 2/3 of the membership must approve the request.

Sec. 6. – Purchases – No purchase shall be made by any officer or committee unless it has been approved in the budget.  If the purchase is not budgeted, refer to the preceding sections for motions on appropriations.

Sec. 7. – Payment of bills shall be made by the Financial Officer with checks that have been signed by the Post Commander and the Finance Officer.


Article IX—Meetings

Section 1.  The regular meeting of the Post shall be held at the Post Home on the fourth Tuesday of the month, at which may be transacted such business as may properly be brought up for action; such meetings may be converted into entertainment meetings, as may be deemed advisable by the officers of the Post.  No meetings will be held during the months of July and August unless a special meeting is called for by the Commander or the Executive Committee.  10 day notice must be sent to the membership prior to any such special meeting.

Sec. 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.

Sec. 3.  Upon the written request of .......4........ Members, the committee shall call a special meeting of the Post.

Sec. 4.  .......15........ members shall constitute a quorum.

Sec. 5.  An Annual Banquet/Meeting shall be held each year with time and place and cost determined by the Executive Committee.  Post Auxiliary and SAL members shall be invited.  Members of the Post, Auxiliary and SAL may bring one guest to this event.  Business will include reports by the Commander, Adjutant and other officers as needed.


Article X—Notices

Section 1.  Every member shall furnish the Post adjutant with an address for mailing.

Sec. 2.  The Post adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.

Article XI—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 XII—Limitations of Liabilities

Section 1.  The 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 XIII—Amendements

Section 1.  These By-Laws may be amended at any regular Post 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 preceding regular meeting of said Post; and, provided, further, that written notice shall have been given to all members at least ......14......... 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 By-Laws is to be voted upon.


Article XIII – Repeal of previous by laws

All by laws previously adopted by the Post are hereby repealed.




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