The Constitution and By-Laws of Highland Post 201, The American Legion, Department of Kentucky, as set out herein, are in full force and effect, being the Revised Constitution and By-Laws adopted and ratified by the General Membership on December 14, 2002.
ARTICLE I - NAME
Section 1. The name of this organization shall be "Highland Post 201, The American Legion, Department of Kentucky."
ARTICLE II - OBJECTIVES
Section 1. The objectives and purposes of this Post shall be to promote the principles and policies as set forth in the foregoing Preamble, and the National and Department Constitutions of the American Legion.
ARTICLE III - 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. This organization shall be absolutely non-political and shall not be used for the dissemination of partisan principles or for the promotion of the candidacy of any person seeking public office or preferment. However, any member may serve on an appointive committee.
Section 3. Rank does not exist in The American Legion. No member shall be addressed by his/her military title in any meeting of this Post.
ARTICLE IV - MEMBERSHIP
Section 1. Eligibility for membership in this Post shall be as prescribed by the national Constitution of the American Legion.
Section 2. Application for membership shall be made in writing to any member of this Post in good standing under such regulations as may be prescribed by the Post Executive Committee and ratified by the membership at a regularly scheduled meeting. All applications for membership of veterans never having previously been a member of Highland Post 201 shall include a copy of DD214 or other suitable forms verifying honorable discharge and a signature of a member of this Post in good standing.
Section 3. Any member of this Post may be expelled upon the proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty, or conduct unbecoming a member of the American Legion. All charges must be made under oath in writing by the accusers and no member in good standing shall lose his/her membership until given a fair trial by the Post or Department in accordance with the uniform code ofprocedure as prescribed by the National Executive Committee.
Section 4. A member who has been expelled or suspended from this Post for any cause may be reinstated to membership by a two-thirds vote of the membership present in a Post meeting; provided, however, that they shall make payments of any arrears in his/her dues at the time of the expulsion or suspension, and also other regular dues which have been payable in the interval between his/her expulsion or suspension and his/her reinstatement; or may apply for membership as a new member.
Section 5. No person, who has been expelled by a Post shall be admitted to membership in Highland Post 201 without the consent of the expelling Post except that where such consent has been asked for and denied by such Post, he/she may then appeal to the Department Executive Committee or the Department Convention of the expelling Post for permission to apply for membership in this Post, and shall be ineligible for membership in this Post until such permission is granted.
ARTICLE V - OFFICERS
Section 1. The administrative affairs of this Post will except as may be otherwise provided for by the By-Laws, be under the supervision of an Executive Committee, which will consist of the five elected members, all current elected officers of the Post, and all Past Post Commanders while in good standing in this Post, however, a Post Commander who serves two or more consecutive terms shall not be entitled to a vote as a Past Commander while serving as Commander. The term of office of the members of the Executive Committee will be for one (1) year. Any member of the Post Executive Committee not present at (3) three consecutive regular Executive Committee Meetings, without a valid excuse, shall be removed from the Executive Committee for the balance of the current legion year. In the case of an elected member being removed for non-attendance, the Post Commander will replace such member, subject to approval of the Executive Committee and Post general body. This Post in its By-Laws, may provide for such other standing committees as the business of the organization may require. The Business Manager shall attend all meetings of the Executive Committee with voice but no vote; attendance at special meetings will be at the discretion of the Commander.
Section 2. The Officers of this Post shall be: a Commander, one or more Vice-Commanders, an Adjutant, a Finance Officer, a Chaplain, a Service Officer, a Historian, a Sergeant-at-arms, a Judge Advocate, and such other officers as may be deemed necessary by this Post. Elected Officers of this Post shall be the Commander, Vice-Commanders, Chaplain, and Sergeant-at-Arms. The newly elected Commander will appoint all other officers. The appointments are to be approved by the Executive Committee and General Membership at their next regular scheduled meetings.
Section 3. All Officers and members of the Executive Committee shall be elected annually and they shall hold office until their successors are duly installed, or as otherwise provided. Any Officer or member of the Executive Committee may be removed for inefficiency by the Executive Committee by a two-thirds vote of said Committee.
Section 4. Every member in good standing will be eligible to hold office in this Post.
ARTICLE VI - FINANCE
Section 1. The revenue of this Post shall be derived from annual membership dues and from such other sources as may be approved by the Post Executive Committee with final approval by the Post general body.
Section 2. The amount of annual Post dues shall be fixed and determined by the Executive Committee and approved by the Post general body.
Section 3. The Post shall pay to department headquarters the national and the department annual per capita fee for every member of the Post.
ARTICLE VII - CHARTER MEMBERS
Section 1. Members who joined this Post prior to the issuance of its charter shall be known as charter members.
ARTICLE VIII - AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an auxiliary organization known as the Auxiliary Unit of Highland Post 201, The American Legion, Department of Kentucky.
Section 2. Membership in the Auxiliary shall be as prescribed by the national Constitution of the American Legion.
Section 3. This Post further recognizes an organization known as the Sons of the American Legion. Membership shall be as prescribed by the national organization.
Section 4. This Post recognizes a uniformed group, known as The Highland Guard.
ARTICLE IX - AMENDMENTS
Section 1. This Constitution is adopted subject to the provisions of the National Constitution of The American Legion and the Constitution of The American Legion, Department of Kentucky. Any Amendment to said national constitution or department constitution which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this constitution to the extent of such conflict.
Section 2. This constitution may be amended at any general body meeting by a two-thirds vote of members of said Post attending such general body meeting; provided that the proposed amendment shall have been submitted in writing and read at the next preceding general meeting of said Post, and provided further that written notice shall have been given to all members at least (15) fifteen 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 constitution is to be voted upon.