ARTICLE VII – NOMINATION AND ELECTION OF
POST OFFICERS AND EXECUTIVE COMMITTEEMEN
Section 1.
A Nominating Committee shall consist of the immediate past Commander, who shall serve as the Chairman thereof, the Chairman of the Membership Committee and the Second Vice Commander. In the event the immediate past Commander is deceased, disabled or otherwise unable to so act, the Adjutant shall serve in lieu thereof and the Chairman of the Membership Committee shall act as the Chairman of the Nominating Committee.
Section 2.
The Nominating Committee shall, at the regularly scheduled Membership Meeting in May, present a list of not less than one (1) qualified nominee for each elected position. At the regular membership meeting in May, the Commander shall read the Nominating Committee’s list of candidates and receive additional nominations from the floor. Subject to confirmation that all nominations made from the floor are qualified, those candidates set forth on the Nominating Committee list and those nominated from the floor at the May meeting shall be the candidates for the positions for which they were nominated except where only a single candidate is nominated for whom the Adjutant may cast a single unanimous vote. The names of the candidates for each elected position shall be printed on a ballot for vote at the June meeting of the Post. No nominee’s name may be placed on a ballot without first having secured his willingness to accept the position if elected thereto. Individual nominees for the office of the Post Commander, Vice Commander, Post Finance Officer, Adjutant or at large Executive Committeeman should have been a member of the Post for at least twenty-four (24) months or have attended Legion College or Legion College extension prior to the June meeting at which the election will be conducted.
Section 3.
The election shall be held during the regularly scheduled Post meeting in June. Absentee Ballots will be provided to the following members upon written request thereby: hospitalized and homebound members, members on active duty in the regular military and Reservists and National Guardsmen on active duty. Absentee Ballots must be received at the Post not later than 5:00 P.M. on the date of the election. The Post Judge Advocate shall distribute and collect Absentee Ballots and shall secure them until the date of the election, whereupon they will be turned over to be counted. The Commander shall appoint three (3) members in good standing to collect and count the ballots on Election Day. None of these individuals may be candidates for any position on the ballot.
ARTICLE VIII – MEETINGS
Section 1.
Regular monthly meetings of the Post shall be held on the THIRD MONDAY of the month, at 6:45 o’clock P. M. at the facilities of the Post, or at such other location as the Executive Committee shall designate, provided written notice of any location other than the facilities of the Post is supplied to each member of the Post at least ten (10) days in advance of the date therefore. No other Notice shall be required.
Section 2: All meetings of the Post shall be conducted under and pursuant to the latest edition of Roberts Rules of Order.
Section 3. Eight members in good standing shall constitute a quorum for the transaction of business at any regular or special meeting of the Post.
ARTICLE IX – DUES
Section 1. The Executive Committee shall annually, as soon after the close of the preceding calendar year as is possible, review the financial situation of the Post. The Executive Committee shall periodically submit a recommendation regarding the amount of dues for future calendar years, which shall be voted on by the membership. Dues are due October 20th of each year for the succeeding year.
Section 2. A member whose dues for the current year have not been paid by January first shall be classed as delinquent. If his dues are paid on or before February first, his delinquency shall terminate.
If he is still delinquent after February first, he shall be suspended from all privileges. If he is still under such suspension on June thirtieth of such year, his membership in The American Legion shall be forfeited. A member so suspended or whose membership has been so forfeited may be reinstated to active membership in good standing by vote of the Post and payment of current dues for the year in which the reinstatement occurs. Provided, however, that the Post, may waive the provisions hereof, upon payment of dues for the year in which reinstatement occurs, with reference to former members whose failure to pay dues occurred while on active military service.
ARTICLE X – MISCELLANEOUS PROVISIONS
Section 1. Books and Records: The Post shall keep an original or duplicate record of the proceedings of the meetings of the members and the Executive Committee; the original or a copy of its Charter, Constitution and By-Laws, including all amendments thereto to date certified by the Adjutant of the Post; and an original or a duplicate Membership Register, giving the names of the members and showing their respective addresses and other details of the membership of each. The Post shall also keep appropriate, complete and accurate books or records of account. The records provided for herein shall be kept at the Post.
Every member shall, upon written demand under oath stating the purpose thereof, have a right to examine, in person or by agent or attorney, during usual hours during which the Post is open, for any proper purpose, the Membership Register, books and records of account and records of the proceedings of the members and Executive Committee and to make copies or extracts therefrom at the member’s cost. A proper purpose shall mean a purpose reasonably related to the interest of such person as a member in the Post. In every instance where an attorney or other agent shall be the person who seeks the right to inspection, demand under oath shall be accompanied by a Power of Attorney or such other writing, which authorizes the attorney or other agent to so act on behalf of the member. The demand under oath should be directed to the Post Adjutant at the regular office of the Post.
Section 2, Real Estate: The Post shall make no purchase of real property, nor sell, mortgage, lease away or otherwise dispose of its real property, unless authorized by a vote of two-thirds (2/3) of the members eligible to vote thereon at any regular or special meeting, provided notice of the same has been forwarded to each member at least ten (10) days in advance of said meeting.