The American Legion
Dean Mendenhall Chapter
Provo Post 13
BY-LAWS
DEAN MENDENHALL PROVO POST #13
ARTICLE I:Government & Management of Post.
The government and management of this post is entrusted of an Executive
Committee consisting of twelve members.
ARTICLE II: Elected Officers are Ex-Officio Members of the Executive Committee.
The elected officers of the post as provided in its Articles or Incorporation shall
be ex-officio members of the Executive Committee, and shall also constitute the Board of
Trustees of the Post.
ARTICLE III: Election of Officers.
All post officers shall be elected annually at the last meeting in June to serve for
one year or until their successors have been duly elected and qualified. PROVIDED,
however, that the members of the Executive Committee elected especially to that position
shall be elected for a term of four years in staggered terms as provided by the Articles of
Incorporation.
ARTICLE IV: Nominations to office.
Not less than one month prior to election of officers, and upon written notice by
regular mail of not less than five days given to all members in good standing, a
nominating meeting shall be held at which not less than two candidates shall be
nominated to fill each position to be filled at the succeeding post election. PROVIDED,
that by unanimous vote of the post this rule may be suspended, and any one nominee,
elected at the nominating meeting by acclamation.
ARTICLE V: Voting – Majority Vote Elects.
Voting at Post Election Meetings shall be by secret ballot. The Commander may
Appoint Judges of Election to distribute, collect and count the ballots. A majority of the
votes cast at such election shall be necessary to elect any officer, and in case there are
three or more candidates for any one office, and not one of them receives a majority upon
the first ballot, the one receiving the fewest votes shall be eliminated and successive
ballots taken until one candidate has received a majority of the votes cast.
ARTICLE VI: Installation of Newly Elected Officers.
Officers of the post duly elected to office as provided herein, shall be formally
installed at the next succeeding post meeting, and not later than the 15th day of
September
ARTICLE VII: Vacancies:
Vacancies occurring in any elected office shall be filled in the manner provided in
the Articles of Incorporation.
ARTICLE VIII: Failure of Elected Officers to Perform-Vacancy.
If any elected officer of the post shall, without just cause or excuse, fail for a
period of one month to attend and perform the duties of his office, the Executive
Committee, at a meeting specially called by the Commander for such purpose, and after
giving notice to the delinquent officer by registered mail of such meeting and the purpose
thereof, may declare a vacancy as in provided generally or the filling of vacancies.
ARTICLE IX: Treasurers Bond.
The Executive Committee is vested with authority to fix an the amount of the
Treasurer’s bond, and may change the penal amount thereof from time to time as such
changes may be necessary to guaranty full, but not excessive, coverage for all pot moneys
coming into his hands. Premiums upon Corporate Surety Bonds shall be paid by the post.
ARTICLE X: Meetings of Executive Committee.
Within ten days after a post election the Executive Committee shall meet upon the
call of the Post Commander for organization and to transact such post business as may be
brought before it. At such meeting, the Executive Committee shall make such
assignments to the members thereof as it shall deem for the best interest of the post. The
executive Committee, thereafter, shall meet, at the call of the Commander, not less
frequently than once each month, and as much oftener as the best interests of the post
may require.
ARTICLE XI: General Authority of Executive Committee.
The Executive Committee shall hire such employees as may be for the best
interest of the post. It shall authorize and approve all expenditures; require bonds from
all persons handling post moneys; shall hear and may approve reports of all committee
chairmen and may require, at its discretion, the presentation of such reports to the post for
approval; call for audit of all post records and appoint or hire such auditors as may be
necessary; may in its name and by majority vote prefer charges of misconduct against any
officer or member of the post; shall be responsible for the management and the affairs of
the post; shall hear and act upon recommendations of the retiring Post Commander.
Before taking action against any officer or member of the post charged with misconduct
or inefficiency as provided by the Articles of Incorporation, it shall refer such complaints
to the legal committee for study, investigation and recommendation, and shall proceed to
conduct hearing thereon only when such action is advised by the legal committee.
ARTICLE XII: Duties of Officers.
Section 1. Post Commander
The Post Commander shall be the chief executive officer of the post, and
as such, it shall be his duty to preside at all post meetings and all meetings of the
Executive Committee, and of the Board of Trustees, and all public ,meetings conducted by the
post. He shall exercise supervision over all officers, committees, employees and agents of
the post. He shall approve all orders directing disbursement of post funds. At the
conclusion of his term of office, he shall make a formal written report of the activities of
the post during his tenure of office, and shall make such recommendations for the future
welfare of the post as he may deem advisable. His report, after approval of the post, shall
become part of the permanent records of the post, and where recommendations are made therein
for the future welfare of the post, such recommendations shall be re-read at the next
succeeding meeting of the Executive Committee.
Section 2. Vice-Commanders
The First and Second Vice-Commanders in that order, shall, in the
absence of the Commander, or by his directions, exercise all of the
powers, and discharge all of the duties of the Commander. They shall
accept and discharge such supervisory assignments as shall be
determined by the Executive Committee, and in the order named, in the absence,
death or disqualification of the Commander, the First Vice-Commander
shall become Post Commander, and the Second Vice-Commander shall become
First Vice-Commander.
Section 3. Post Adjutant
The Adjutant shall have charge of and keep a full and correct record of
all proceedings of all meetings of the post, of the Executive Committee
and of the Board of Trustees. He shall keep all records required by the
post, the Department and the National organizations, and shall render a
regular annual report of his activities to the post and such reports to the
Executive Committee as may be called for by it. He shall, under direction of
the Commander handle all post correspondence. He shall separately keep
in permanent form, minutes of the post, minutes of the Executive
committee, and minutes of the Board of Trustees.
Section 4. Finance Officer
The Finance Officer shall have charge of all post finances, and see that
they are safely deposited in some local bank or banks. He shall report monthly to
the Executive Committee the condition of post finances, and may make such
recommendations as he deems advisable for improvement of post finances. He
shall sign all checks for disbursement of post funds. He shall furnish surety bond
as shall be required by the Executive Committee.
Section 5. Post Historian
The Post Historian shall keep and preserve all records and incidents of
general interest to the post and of individual post officers, and shall perform such
further assignments as shall be given him by the Executive Committee.
Section 6. Post Chaplain
The Post Chaplain shall be responsible for the spiritual welfare of the post
and post members, and will offer divine but non-sectarian service at dedications,
funerals, public functions, etc., adhering to such ceremonial rituals as are
recommended by the National or Department headquarters. He shall accept such
additional assignments as may be directed by the Executive Committee.
Section 7. Sergeant-at-Arms
The Sergeant-at-Arms shall preserve order at all meetings of the post, the
Executive Committee and he Board of Trustees and shall perform such other
duties as may be directed by the Executive Committee.
Section 8. Board of Trustees
The Board of Trustees shall control the purchase, construction, the use and
the management of all post property, and may receive and open bids for
construction, alterations, use and repair thereof, and may negotiate, award,
execute and enforce contracts pertaining to the purchase, construction, use and
management thereof in any form which the members deem necessary or
advisable. PROVIDED, that no post property shall be sold, conveyed, mortgaged,
hypothecated or leased for a longer period than one year except by special
authority of the post given at a meeting duly called as provided by the Articles of
Incorporation. It may appoint such special committees, agents, inspectors and
architects as the members deem necessary or advisable, and fix the compensation
thereof, which compensation shall become post obligations. Prior to its execution
of any contract respecting post property it shall obtain the approval of the legal
committee.
ARTICLE XIII: Delegates-Election.
Delegates to all district and Department conventions shall, unless this rule be
suspended by unanimous vote of the post, be elected by ballot by the post at a regular
post meeting. Meeting to elect delegates shall be held not less than thirty days before the
date of such convention.
ARTICLE XIV: Committees-Appointment.
Section 1. Standing Committees
The Commander, immediately upon his induction into office each year,
shall appoint the following standing committees whose duties and powers shall be
as follows:
(a) Membership Committee.
The Membership Committee shall consist of a chairman who may
be an executive officer of the post, and such number of members as he
shall deem necessary or advisable, which committee shall be in charge
of all membership activities of the post, and shall be specifically
charged with the responsibility of fulfilling the quota of membership
assigned to the post by the Department.
(b) Finance Committee.
The Finance Committee shall be charged with the administration
of the financial policy, preparation of the budget, recommendations and
supervision of receiving, disbursing and accounting for all post funds,
including any which may be obtained in any manner for building,
alteration, repair, use or management of post property. PROVIDED,
however that all determinations of matters coming specially within the
jurisdiction of the Board of Trustees as set forth in Article XII, Section 8,
of these By-Laws, shall be binding upon the Finance Committee as to
policy.
(c) Legal Committee.
The Legal Committee shall consist of three members, not less than
one of whom shall be an attorney-at-law duly qualified and practicing
within Provo City. The Legal committee shall be charged with the
solution of all legal problems in which the post is interested, and their
conclusion as to the validity or legality of any act or proposal of any
officer, board, committee or agent of the post shall be binding upon such
officer, board, committee or agent thereof. Before any contract or
agreement affecting post affairs is entered into, such contract or agreement
shall be referred to, and approved in writing by the Legal Committee. The
Legal Committee shall conduct such investigations of law and fact as it
shall deem advisable and may refuse to approve any proposed contract or
agreement until and unless the post officers and, or, those dealing with the
post have supplied, in such form as it shall direct, all information and data
required by it. It shall promptly investigate and report to the Executive
Committee upon any complaint made against an officer or member
charging such officer or member with misconduct or inefficiency, and
shall recommend or refuse its recommendation to the Executive
committee for hearing thereupon, as it may deem proper.
(d) Publicity Committee.
The Publicity committee shall consist of as many members as the
Commander may deem advisable. It shall be charged with the promotion
of public support for the post and the Legion generally, and shall establish
proper contacts with the American Legion Monthly, the Utah Legionaire,
Department and National Legion News Service and the local publicity
agencies, and shall be in charge of the post’s public programs and
activities in the nature of public relations.
(e) The Service Committee.
The Service Committee shall consist of the Service Officer and as
many members as the Commander may deem advisable. It shall supervise
all matters pertaining to service to comrades in the prosecution of all just
claims against National, State and Local governments which have
established benefits for veterans. It shall be charged with all matters
concerning employment, relief and welfare of members and their families.
(f) Visiting Committee.
The Visiting Committee shall be charged with the visiting and
comforting of members and their families in distress, and with visiting and
encouraging ex-service men in near-by hospitals.
(g) Americanism Committee.
The Americanism Committee shall consist of as many members as
the Commander shall deem advisable. It shall be charged with the
inspiration of patriotism and good citizenship of all the people of the
community, by arrangements for proper observance of patriotic occasions;
encouragement of objective instruction in civil government in schools;
arrangements for Americanization of aliens; combating anti-American
influences by education of the general public in American idealisms
through supplying speakers at public meetings and celebrations; the
teaching of American ideals through the schools, churches and civic
organizations; and carrying on of activities for community and civic
betterment. In time of national emergency, It shall be its duty to cooperate
with all other veteran and civic organizations for the detection,
surveillance and safe handling of all persons known or suspected to be
anti-American in their leanings and philosophies. It shall study
administration in government, and shall use its influence to obtain
thorough, honest and efficient administration of community, school
district, state and national affairs. It shall make report to the post and seek
assistance of its full membership in any community, school district, state
or national issue when in its judgment such full assistance will be
beneficial to the public at large.
(h) Athletic Committee.
(i)
The Athletic Committee shall consist of as many members as the
Commander may deem necessary or proper. It shall be charged with the
promotion of physical development and sportsmanship of the post athletic
teams, recreation, etc., by cooperation with, and support for all general
community athletic and recreational activities, and the institution and
maintenance of such post athletic activities as it shall deem is for the
welfare of the community, and the public at large.
(i) Veterans Counsel.
The Commander shall be ex-officio member of the Veterans
Counsel of Provo City, and by and with the advice and consent of the
Executive Committee, he shall appoint and certify to the County Clerk of
Utah County, and to the Veterans Counsel, such additional members as the
Post shall be entitled to under the provisions of the charter of the counsel.
The Post’s representatives upon the Veterans Counsel may bind the post in
all administrative matters of the counsel to the same extent and purpose as
all other veteran organization members upon the counsel are permitted by
their respective organizations to bind their respective organizations, but no
further. All matters calling for post appropriation or post activity with the
counsel shall be referred to the post for approval or rejection.
ARTICLE XV: Resolutions.
All resolutions of state or national scope presented to this post by a member, or
upon the recommendation of a committee, shall embody the mere opinion of the post on
the subject stated. A copy of such resolution shall be forwarded to the Department
headquarters for approval before any publicity, beyond the fact that such resolution has
been adopted, in given to the subject matter of the resolution, or before any other action is
taken thereupon other than mere passage of the resolution.
ARTICLE XVI: Post Meetings.
Section 1. Regular Meetings
Regular meetings of the post shall be held at the Legion Home, or Veterans
Room on the third Wednesdays of each month. Except as specially provided by the
Articles of Incorporation or these by-Laws, all matters concerning the post may
be brought up for discussion and action at any regular meeting. Any regular
meeting, at the discretion of the Commander, may be converted into an
entertainment meeting. Executive meetings can be held 30 minutes - prior to regular
meetings to (Article X)
Section 2. Special Meetings
The Commander, or a majority of the Executive Committee shall have
power to call special meetings of the post whenever they deem the best interests
of the post will be served thereby.
Section 3. Members may have Special Meetings Called
The Commander shall call a special meeting of the post at a suitable time,
wherever not less than five members present to him a written request duly signed
by the members requesting such meeting, and stating the purpose and subject
matter to be taken up and acted upon at such meeting.
Section 4. Notice of Meetings
No notice need be, but at the discretion of the Executive Committee, may
be, given to all members of the post of the holding of regular post meetings.
Notice of special meetings of the post, unless otherwise provided by the Articles
of Incorporation or these By-laws, shall be given for not less than five (5) days to
each member of record, by regular mail.
Section 5. Quorum
Total members in attendance shall constitute a quorum and the total members
being present at any regular or special meeting may transact all business properly coming before
the meeting.
ARTICLE XVII: Members to keep current, record of address.
Each member of the post shall be individually responsible for keeping his true and
correct address upon the post records, and shall inform the post adjutant promptly of any
changes thereof.
ARTICLE XVIII: Rules of Order.
Roberts’ Rules of Order shall be the procedural law governing the proceedings of
this post, except in such matters as are required by Department or National order, or by
the provisions of the Articles of Incorporation or these By-laws.
ARTICLE XIX: Amendments.
These By-Laws may be amended at any regular post meeting by a two-thirds vote
of the members present. PROVIDED, that such proposed amendment has been submitted
in writing and read at the post meeting next preceding the meeting at which the vote is
called, and PROVIDED FURTHER, that written notice of the substance of such proposed
amendment has been given to all members in good standing not less than five (5) days
before such meeting at which such proposed amendment is to be voted upon.
Adopted June 7, 1950.
Amended and Approved: January 29, 2013 (Quorum Post 13 Members)
Signature on File Commander
Randy D. Edwards
Attest:
Signature on File Adjutant
Bart Johnson
