AMERICAN LEGION POST 964
LAKE ZURICH, ILLINOIS
B Y – L A W S
Revision of April 2017
ARTICLE – I
Section 1 – This post, existing under these By-laws, is to be known as Lake Zurich Post 964, The American Legion, Department of Illinois.
ARTICLE – I I
Section 1 – The Government and Management of the Post is entrusted to the Executive Committee consisting of the Officers and Committee Members as outlined in Article V of the Post Constitution.
Section 2 – The Officers of this Post shall be elected annually along with the five (5) Trustees per Article V of the Post Constitution.
Section 3 – All officers and Executive Committee Members, except Service Officer, Adjutant, shall be elected by ballot, and the candidate or candidates receiving the highest number of votes at the election as outlined in Article IX – Section 3 shall be deemed elected to the respective Office for which they were a candidate.
Section 4 – All vacancies existing in the Executive Committee, or in any office of the Post for cause other than the expiration of the term, shall be filled by a majority vote of the remaining of the Committee except as provided for in Article IV. (The 1st or 2nd Vice-Commander shall automatically assume the Chair of Commander.) A person so appointed shall hold office for the unexpired term of the member of the Committee or Officer whom he/she succeeds. A vacancy shall exist when an Executive Committee Member or Officer is absent from his/her post for a period considered detrimental to the interest of the Post by the Executive Committee. Said period shall be failure to attend three (3) consecutive Executive Committee meetings or three (3) consecutive Regular Post meetings, unless with prior approved absence or authorized by members present. Before removal, the person in question shall be notified by registered mail within ten (10) days of the last missed meeting that their absence has put him/her into delinquency.
Section 5 – The Legion Building shall be under the direction of The House Committee Chairperson and committee. The House Committee shall consist of a chairperson plus four other members selected or having volunteered from the general membership.
Section 6 – The House Chairperson shall direct the day-to-day business of the affairs of the building. All emergency repairs to the building or bar equipment are day-to-day business of the House. The House Chairperson shall appoint or hire such employees or vendors as are deemed necessary, with approval of the House Committee, to complete such repairs or replacement of equipment. He/she shall purchase all replacement supplies, and shall contract for building rentals under rules set by the House Committee.
Section 7 – The House Committee shall oversee the House. They shall recommend to the Executive Committee an annual budget of possible future or planned expenditures. They shall also, from time to time, make recommendations for the addition or changing of such rules.
Section 8 – The House Committee shall choose from among themselves a Chairperson. This shall be done upon the Installation of Officers or at the Regular Post Meeting in August, whichever comes first. The Chairperson of the House Committee shall make a monthly report to the Executive Committee.
Section 9 – The Post House Person will be in charge of cleaning and maintaining the interior of the Post Home and Bar on a daily basis or when so required. The Post House Person will be responsible to purchase all cleaning, day to day paper goods and maintenance products required to keep the Post Home in a clean and orderly manner. The Post House person will be provided a credit card to be used only for the above mentioned product purchases as required. All receipts will be given to the Post Finance Officer to proper disposition. From time to time, the Post House Person shall arrange for and supervise outside contractions performing normal or approved maintenance to the Post or its equipment approved by the Post House Committee.
Section 10 – The Bar Rules and Regulations will be posted in the bar in a prominent location and updated as required following State and Local Laws and Regulations, as they apply.
Section 11 – The Commander shall appoint a three (3) person committee, one (1) of which he/she will appoint as Chairperson, and of which one (1) will be a member of the Executive Committee for the purpose of operation the Bar and Video Gaming. They will be known as the Bar and Video Gaming Committee and are responsible for the day to day operation of the Public Bar and Video Gaming at the Post. The names of all three (3) members of this committee will appear on all local and state licenses that pertain to the operation of the Bar and Video Gaming in the Post. The Post Commander will be a member of this committee.
Section 12 – The Bar and Gaming Committee shall work with the Post Finance Officer to put together a report on all income and disbursements to the Executive Committee and General Membership Meetings every month. They will seek prior approval to purchase all items not considered normal daily operating All Bar and Video Gaming funds are the property of the Legion Post. expenses. The Bar Income shall be turned over to the Post Finance Officer at the end of each day for deposit in the Post Bar Account on a weekly basis. The Video Gaming and ancillary machine income received from the Video Vendor shall be given directly to the Post Finance Officer upon receipt from vendor semi-monthly and deposited in separate accounts per the Illinois Gaming Board guidelines.
Section 13 – The Bar and Gaming Committee shall put together a list of Bar Rules and Regulations which should include the best business practices, Bar Manager(s) duties, responsibilities and normal day-to-day safe Post Bar operations for our patrons and employees alike. The committee shall consist of a chairperson plus four other members selected or having volunteered from the general membership.
Section 14 – All Special Events and Hall Rentals are considered to be fund-raising events and all proceeds from such events are neither financially nor organizationally related to the Bar or Video Gaming operations or accounts. Each request for a Post 964 sponsored Special Event or Rental is to be submitted separately on the Special Events and Hall Rental Request Form. Each Request will be reviewed by the Post Bar Manager and the Post Finance Committee before any advertising or financial commitments are to be made.
ARTICLE III – 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 the Post Commander within ten (10) days after Installation of New Officers or within ten (10) days after the Regular August meeting, whichever shall come first. Thereafter, the Post Executive Committee shall meet at least every thirty (30) days or as called for in Article 8 Section 6 of these by-laws.
Section 2 – The Post Executive Committee shall have final approval of all employees appointed or contracted by the House Committee. They shall authorize and approve all major expenditures and may require adequate bonds from all persons having the custody of Post Funds. Their approval level shall be $500.00 (Five-Hundred Dollars.) They will also forward approved expenditures, in excess of $500.00 (Five-Hundred Dollars), to the general membership for adoption. Further, they may hear reports of Committee Chairpersons who were requested to attend Executive Committee meetings and generally have charge of and be responsible for the management of this Post.
Section 3 – The Post Executive Committee shall be made up of the Post Commander, Sr. Vice Commander, Jr. Vice Commander, Adjutant, Finance Officer, Chaplain, Sgt.-at-Arms, Judge Advocate and the five (5) Trustees. The Post Commander is the Chief Executive Officer and Chairman of the Executive Committee.
ARTICLE IV – DUTIES OF POST OFFICERS
Section 1 - Post Commander - It shall be the duty of the Post Commander to preside at all meetings of the Post and Post Executive Committee and to have general supervision over the business and affairs of the Post and such Officer shall be Chief Executive Officer of the Post. He/She 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 make recommendations for the ensuing year, which shall be read at the annual meeting and a copy thereof shall immediately be forwarded to the Department Adjutant. He/She shall appoint all special committees and their chairpersons not specifically named in the By-laws. He/She shall perform such other duties as directed by the Post. Unless otherwise provided for, he/she shall co-sign all checks for disbursement of funds.
Section 2 - Post 1st Vice Commander - He/She shall be addressed as “Senior Vice Commander “. He/She shall be Chairperson of the Membership Committee. He/She shall also assist the Commander in any function that the Commander deems necessary. If the Commander is absent from any meeting, the 1st Vice Commander shall assume the duties of the Commander at said meeting. In the event of the resignation or demise of the Commander the 1st Vice-Commander shall assume all duties and privileges of the Post Commander for the duration of the existing term of office. He/She shall be a voting member of the Post Executive Committee.
Section 3 - Post 2nd Vice Commander - He/She shall be addressed as “Junior Vice-Commander”. The Junior Vice-Commander shall be Chairperson of the Entertainment Committee. All special entertainment and Fund Raising Programs shall be presented to the Executive Committee through the Jr. Vice-Commander. He/She shall be a member ex-officio of any special committee set up by the Commander for the purpose of entertainment or fund raising. In the event of the resignation or demise of both, the Commander and Sr. Vice-Commander, the Jr. Vice –Commander shall assume the duties and privileges of the Post Commander. He/She shall further assist the Commander in any function the Commander deems necessary and is a voting member of the Post Executive Committee.
Section 4 - Post Adjutant - The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keeping such records as the Department and National Organizations may require, render reports of membership annually or when called upon at a meeting, and under the direction of the Commander and handles all correspondence of the Post. He/She shall be a voting member of the Post Executive Committee.
Section 5 - Finance Officer - The Finance Officer of the Post shall have charge of all finances and shall see that they are safely deposited in some local bank or banks and shall report, when called upon by the Commander, at a regular or Executive Committee meeting the condition of the finances of the Post. He/She shall sign all checks disbursing the moneys of the Post. He/She shall furnish such surety bond in the sum as shall be fixed by the Post Executive Committee. He/She shall be a voting member of the Post Executive Committee.
Section 6 - 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 offices as may be determined by the Post Executive Committee.
Section 7 - Post Chaplain - The Post Chaplain shall be charged with the spiritual welfare of the Post Comrades and will be Officer Divine, with non-sectarian service in the event of dedications, funerals, public functions, etc. and adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time. He/She shall be a voting member of the Post Executive Committee.
Section 8 - 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/her by the Post Commander or Executive Committee. He/She shall be in charge of the Color Guard at all functions and parades. He/She shall be a voting member of the Post Executive Committee.
Section 9 - Service Officer - The Post Service Officer is responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted them by law. He/She shall serve as Chairperson of the Veterans Affairs and Rehabilitation or Service Committee. He/She will also work with the Children and Youth Committee and Hospital and Visitation Committee. He/She shall be a voting member of the Post Executive Committee.
Section 10 - Judge Advocate - The Post Judge Advocate is the advisor for conducting Post business and is knowledgeable in Robert’s Rules of Order. American Legion protocol may be called upon by the Commander to perform Post Elections or conduct disciplinary procedures as directed. He/She is the Chairperson of the Post Constitution and By-Law and Internal Affairs Committees. The Judge Advocate is an elected officer position and shall be a voting member of the Post Executive Committee.
ARTICLE V – DELEGATES
Section 1 – Delegates and Alternates to the National Department or District Conventions shall be elected by the Post at the regular Election of Officers. Based on current membership, Commander and Adjutant are automatically delegates.
ARTICLE VI – APPOINTMENTS
Section 1 – The Post Commander, immediately upon taking office each year shall appoint the following standing committees: Membership, Finance, Legal, Publicity, Service, Visiting, Americanism and Athletics. Such standing committees shall consist of such members, and unless otherwise provided for the Chairman thereof, as shall be designated by the Post Commander
Section 2 – Post Commander shall appoint an Adjutant and Service Officer as provided for in Article V of the Post Constitution.
Section 3 – 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. Chairperson to be the Sr. Vice-Commander.
Section 4 – Liaison Committee. To oversee all activities of the Post in connection with Veterans, their families and dependents. Chairperson to be the Service Officer.
Section 5 – Entertainment and Fund Raising Committee. The Entertainment and Fund Raising Committee shall have charge of all matters of promotions of club advantages and arrangements for social activities. Chairperson to be the Jr. Vice-Commander.
Section 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.
Section 7 – Legal Committee. The Legal Committee shall be charged with the legal supervision of internal Post affairs. Chairperson to be the Post Judge Advocate.
Section 8 – Publicity Committee. The Publicity Committee shall be charged with preparation of public support of the Legions program by establishment of proper contact with the American Legion Magazine, Department and National Legion news service and by local publicity of Post progress and activities.
Section 9 – Rehabilitation and Service Committee. The Rehabilitation and Service 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. The Chairperson to be the Service Officer
Section 10 – Visiting Committee. The Visiting Committee is charged with the visiting and comforting of members and their families when sick or bereaved and with visiting ex-servicemen in nearby hospitals. Chairperson to be the Chaplain.
Section 11 – Americanism Committee. The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship, make 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.
Section 12 – Athletic Committee. The Athletic Committee shall be charged with the promotion of physical development and clean sports by organization of Post Athletic teams, recreation and Athletic program of the community.
Section 13 – Disaster Relief Committee. With the consent and advice of the Constituted Authorities, a permanent Post Committee on Home Defense and Disaster should be organized.
Section 14 – Sons of the American Legion Committee. The committee shall have oversight of the operations of the Post’s Squadron of the Sons of the American Legion.
Section 15 – Child Welfare Committee. The 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 and 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 world war Veteran shall be in need of the necessities of life” and “a square meal for every child”.
Section 16 – Defense Committee. The committee shall work with and coordinate Legion efforts with the Local Defense Council on matters pertaining to national, civilian and home defenses, also 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 17 – The Commander shall appoint all special committees and their chairpersons as deemed necessary by the Post or Executive Committee.
ARTICLE VII – RESOLUTIONS
Section 1 – All resolutions of state or national scope presented to this Post by a member of this Post or Committee thereof shall merely embody the opinion of this Post on the subject and copy of the same shall be forwarded to the Department Headquarters for its approval before any publicity is given or action other than passage by the Post is taken.
ARTICLE VIII – MEETINGS
Section 1 – The Regular Meetings of the Post shall be at 7:00 P.M. held at the Legion Home on the Second (2nd) Friday of each month at which may be transacted such business as may be properly brought up for action. Such meetings may be converted to entertainment meetings when a motion is made from the floor and passed to suspend any or all regular business of the meeting.
Section 2 – The Post Commander or seven (7) Members of the Executive Committee shall have the power to call a special meeting of the Post provided that the requirements of Section 3 are adhered to.
Section 3 – A special meeting may be called for upon the written request of any ten (10) members of the Post in good standing. Said request is to be presented to the Commander or Adjutant. The Commander shall cause the Adjutant, or the Adjutant when as notified, shall give notice of the meeting called for by mailing a notice thereof to all members of the Post at least five (5) days prior to the date of such meeting. The notice shall state the purpose of the meeting and no business other than that for which the meeting is called shall be transacted at the ‘Special’ meeting.
Section 4 – At least Four (4) Post Officers or Trustees and Six (6) Members shall constitute a quorum at any regular or special meeting.
Section 5 – The Post Executive Committee shall meet on the second (2nd) Friday of each month at 6:30 P.M. at the Legion Home.
Section 6 – The Commander, or when in writing, five (5) members of the Executive Committee may call a special meeting of the Executive Committee. The Commander or Adjutant shall notify each member of the Committee of the meeting at least three (3) days before the meeting by person contact. They shall advise, at the meeting, as to any member of the Committee that could not be contacted.
Section 7 – Seven (7) members of the Executive Committee shall constitute a quorum at any Executive Committee meeting or Special Meeting.
Section 8 – The Adjutant shall keep a permanent record of the roll call of Officers and trustees at all meetings of the Post Executive Committee.
Section 9 – The normal order of business at all Regular and Executive Committee meeting shall be: Ceremonial opening according to Legion Hand Book.
1.Roll call of Officers.
2. Reading of the minutes of the last Executive Board and Regular Meetings.
3. Application for membership.
4. Election and appointments.
5. Report of Officers and Committee Chairmen.
6. Unfinished business.
7. New business.
8. Good of the American Legion
9. Ceremonial closing according to the Legion Hand Book.
Section 10 – All business under each of the ten (10) subtitles of Section 9, shall be conducted pursuant to Robert’s Rules of Order.
ARTICLE IX – VOTING
Section 1 – All members of the Post in good standing shall be eligible to vote at all elections on all matters brought to the floor of any and all regular or special meetings. A member shall not be eligible if his dues and/or assessments are not paid by February 1 of the current membership year. Said members voting privileges shall commence thirty (30) days after the payment of said dues and/or assessments.
Section 2 – A new member joining this Post shall not be eligible to vote on any matter or in any election until thirty (30) days after the acceptance of said new member into Lake Zurich Post 964 of the American Legion.
Section 3 – Procedure for the election of Officers and Executive Committee Members:
A – The Commander shall appoint an uneven number of Past Commanders or members as a Nominating Committee in the month of April of the current year.
B – The nominating committee at the following May meeting shall place in nomination the names of candidates for election to Post Offices for the following year of Office: Commander, 1st Vice Commander, 2nd Vice Commander, Finance Officer, Post Historian, Post Chaplain, Sergeant-at-Arms and Judge Advocate.
C – At the annual meeting in June the Commander shall call for nominations from the floor for any Officers or Trustees for terms of office other than the original list of Officers put forth by the Nominating Committee as noted in Section B, above.
D - An election by ballot for Officers and Committee Members for the following terms of Office (see section 3, paragraph B, above) shall be held at the closing of nominations from the floor.
E – Should this conflict or if not in time to certify the new Officers in time to attend The Annual Department of Illinois Convention: A) shall be in March: B) shall be In April: C) shall be in May. In the event this must occur, the Adjutant shall Inform the membership by mail in the month of March as to nominations and Election being moved up one (1) month.
Section 4 – Officers and Trustees elect shall assume their Offices upon the installation by the proper authority. District, Division or Department Officers or Past Commanders of the Post shall be installed at the General meeting in the month of August of the current year, or as designated above, whichever comes first.
ARTICLE X – NOTICE
Section 1 – Every member shall furnish the adjutant with his/her current address, telephone number and e-mail address, if available.
Section 2 – The Adjutant shall not furnish the phone number of any member to anyone but the Executive Committee, and then only for official business.
Section 3 – The Post Adjutant shall cause notice of the Annual Election to be given at least two (2) weeks prior hereto.
ARTICLE – XI
Section 1 – This Post or its members shall not incur or cause to be incurred any liability or obligation whatever which shall subject to liability any Post, subdivision, group or members of the American Legion, or any other individuals, corporations or organization
ARTICLE – XII
Section 1 – These By Laws may be amended at any Regular Post meeting by a vote of two-thirds (2/3rds) of the membership of said Post attending such Regular meeting, provided that the proposed amendment shall have been submitted in writing and read at the three (3) preceding Regular meetings of said Post, and provided further that written notice shall have been given to all members at least fifteen (15) 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
Section 1 – Upon the adoption of these amendments to the Constitution and By-laws of Post 964 of the American Legion they shall supersede any and all previous rules and regulations called for in the previous minutes of the Post or its Executive Committee which shall conflict with these Amendments.
These By-Laws, revised and promulgated per Article XII, Section I, have been adopted and approved: 9 Jun 2017
Tom Marciciak ______________________
Chairman, Constitution and By-law Committee
By-Laws Committee Members:
Bob Pugh, Finance Officer __________________________
Bob Bucher, Adjutant_______________________________
Eliseo Lopez, Chaplain _____________________________
Scott Wagoner, Jr.Vice Commander___________________