ARTICLE I - NAME
Section 1. The Post, existing under these By-Laws, is known as "Highland Post 201, The American Legion, Department of Kentucky.
Section 2. The objectives of this Post are as set forth in the Constitution.
ARTICLE II - MANAGEMENT
Section 1. The Post Executive Committee shall consist of all Past Post Commanders while in good standing in this Post, the elected and appointed officers of this Post and five elected members. All past Post Commanders except the immediate Past Post Commander of Highland Post, in good standing, are members of the Executive Committee with voice, but no vote, and may not make or second a motion on said committee. The immediate Past Post Commander will be a member of the Executive Committee for one year with voice and vote and may make or second a motion on said committee. The elected officers shall be elected annually at the regular May meeting and along with the appointed officers be installed at the meeting next following that of the election. The Executive Committee shall be elected at the regular June meeting and shall be installed at that meeting with the elected and appointed officers. All elections of officers and members of the Executive Committee shall be by secret ballot and the candidates receiving the highest number of votes shall be elected to their respective office for which they were candidates. Tie votes shall be determined by lot.
Section 2. All vacancies existing in the Executive Committee or in any office of the Post except the office of Post Commander from any cause other than expiration of term shall be filled by a majority vote of the remaining members of the Committee with approval of the general body. A person so appointed shall hold office for the unexpired term of the person whom they succeed. A vacancy shall exist when a member or officer is absent from his/her position for a continuous period considered detrimental to the interest of the Post by the Executive Committee.
Section 3. In case of death or incapacitation of the Post Commander, the First Vice-Commander shall immediately become Post Commander and the vacancy in the office of the First Vice-Commander shall be filled by majority vote of the Executive Committee, subject to the approval of the general body.
ARTICLE III - POST EXECUTIVE COMMITTEE
Section 1. The Post Executive Committee shall meet at the call of the Commander, at least every month, 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; seven members of the Committee shall constitute a quorum. The Post Adjutant shall call the roll to determine whether a quorum is present. The Executive Committee shall vote on any and all issues before it by voice or by a show of hands at the discretion of the Post Commander or his/her representative. However, at the call for discussion, any member of the Executive Committee may request a roll call vote and such request shall be granted.
Section 2. The Post Executive Committee shall hire or shall delegate the authority to hire such employees as may be necessary for the efficient operation of the Post and will require adequate bonds from all persons having custody of Post funds. It will hear the reports of the Post Committee chairpersons and shall have charge of and be responsible for the management of the affairs of this Post and shall authorize and approve expenditures, except as provided for in other sections of By-Laws.
ARTICLE IV - DUTIES OF OFFICERS
Section 1. Duties of the Post Commander: The Post Commander is the chief executive officer of this Post. 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 Officers of the Post. He/She will perform such other duties as directed by the Executive Committee and general body.
Section 2. Duties of Vice Commanders: The Vice Commanders shall assume and discharge the duties of the office of the Commander in his/her absence or disability or when called upon by the Post Commander to do so. The Vice Commanders shall act as representatives of the Commander on all matters referred to them, and shall, at his/her request preside over general meetings and meetings of the Post Executive Committee.
Section 3. Duties of Post Adjutant: The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, also, such records as the department and national organization may require; render reports of membership when called upon at a meeting, and under direction of the Commander, handle all correspondence of the Post.
Section 4. Duties of Finance Officer: The Finance Officer of the Post shall have charge of such Post finances, as directed by the Post Executive Committee, and see that they are safely deposited promptly in some local bank or banks, reporting once per month to the Executive Committee the condition of the finances of the Post, with such recommendations as he/she may deem expedient or necessary for raising funds to carry on the activities of the Post. He/She may cosign all checks disbursing the monies of the Post.
Section 5. Duties of the Post Historian: The Post Historian shall be charged with keeping the individual records and incidents of the Post members, and shall perform such other duties as may properly pertain to the office or as may be determined by the Post or the Executive Committee.
Section 6. Duties of the Post Chaplain: The Post Chaplain shall be charged with the spiritual welfare of the Post members and will offer divine but non-denominational service in the event of dedications, funerals, memorials, public functions, etc., adhering to such ceremonial rituals as are recommended by the national or department headquarters.
Section 7. Duties of Sergeant-at-Arms: The Sergeant-at-Arms shall preserve order at all meetings and shall perform such other duties as may from time to time be assigned to him by the Post Executive Committee or Post Commander and he/she may, with the approval of the Commander, choose such assistants as he/she deems necessary.
Section 8. Duties of Judge Advocate: The Judge Advocate shall be the Legal Adviser to the Post Commander and whenever possible will be a licensed, practicing Attorney at Law.
Section 9. Duties of Service Officer: The Service Officer shall familiarize himself with all V.A. regulations regarding rights and privileges of veterans and shall be available to advise all veterans and their families concerning them, whether members or not; shall provide them with all necessary claim forms and will help in their preparation and filing; he/she shall cooperate with the Department Service Officer in any appeal cases; and shall make their-self and his/her services known to all funeral homes and nursing homes in the vicinity of the Post.
ARTICLE V - DELEGATES
Section 1. Delegates and Alternates to a Department Convention shall be selected by the general body at a regular meeting of the Post to be held at least 30 days prior to the dates of such convention.
ARTICLE VI - APPOINTMENTS
Section 1. The Post Commander, upon taking office each year appoints the following standing committees, subject to ratification by Post; Membership, House and Grounds, Post Activities, Finance, Publicity, Service and Rehabilitation, Visiting, Americanism, Athletic, SAL, Carnival, Carnival Commission, Life Membership, Bar, Nominations and Elections, Refreshments, Charitable Gaming, and such other committees as may be necessary, except as herein provided. Committees will consist of members and chairpersons appointed by the Post Commander. The Post Commander shall be an ex-officio member of each committee with exception of the Nominations and Elections committee.
Section 2. 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 the eligibility of prospective members, unless disapproved by the general body.
Section 3. House & Grounds Committee: The House & Grounds Committee will be charged with all matters pertaining to the care and condition of the Post grounds and facilities, with the cooperation of the Business Manager.
Section 4. Post Activities Committee: The Post Activitiescommittee will have charge of promotion of Post activities and arrangements for our social activities.
Section 5. Finance Committee: The Finance Committee will be charged with the receipt and review of all budget recommendations, and the distributing and accounting of all Post funds. Any request for Post monies in the amount of Three Hundred Dollars ($300.00) or more must be presented to the Finance Committee with three bids for recommendation to the Executive Committee, except for emergency repairs or replacements which shall be arranged for by the Post Commander in cooperation with the House and Grounds Chairman. The Finance Committee shall be charged with the preparation of a budget for the ensuing year based upon anticipated income, which shall be presented for approval at the September Executive Committee meeting.
Section 6. Publicity Committee: The Publicity 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.
Section 7. Service and Rehabilitation Committee: The Service and Rehabilitation Committee shall supervise all matters pertaining to service to veterans and their dependents in the prosecution of all just claims against the United States or State governments on employment, relief, etc.
Section 8. 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.
Section 9. Americanism Committee: The Americanism Committee shall be charged with the promotion of patriotism and good citizenship by arrangements for proper observance of patriotic occasions, encouragement of patriotic and civic phases of instruction in the schools. The Americanism Committee will also be responsible for obtaining high school candidates for both Boys State and Oratorical, along with presenting yearly Junior ROTC medals.
Section 10. Athletic Committee: The Athletic Committee shall be charged with the promotion of physical development and clean sportsmanship by the organization of Post athletic teams, recreation, etc., and by the cooperation and support in the general recreational and athletic programs of the community.
Section 11. Disaster Relief Committee: With the consent and advice of the constituted authorities, a permanent Post committee on home defense and disaster relief, may be organized at the discretion of the Commander.
Section 12. Sons of The American Legion Committee: The Sons of The American Legion Committee shall oversee the operation of the Post Squadron of the Sons of The American Legion (SAL).
Section 13. Welfare Carnival Commission: The Highland Post Welfare Carnival Commission shall be charged with the screening of requests and the recommendation to the Executive Committee for fair and equitable distribution of the Carnival proceeds available for grants. The final distribution of Carnival proceeds is to be approved by the Executive Committee. The Carnival Commission shall consist of three members, which are appointed by the Post Commander. Each member will be appointed for a three-year term. Each year a new Carnival Commission committee member will be appointed by the newly elected Post Commander replacing the committee member having served his/her three-year term.
Section 14. Defense Committee: The Defense Committee shall work with and coordinate Legion efforts with the local Defense Council on matters pertaining to national, civilian and home defenses; 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 15. Life Membership Commission: The Life Membership Commission shall review the performance of the Post membership and shall recommend to the Post Commander any members they consider being worthy of Life Memberships in the Post. The Life Membership Commission shall consist of three members, which are appointed by the Post Commander. Each member will be appointed for a three-year term. Each year a new Life Membership Commission committee member will be appointed by the newly elected Post Commander replacing the committee member having served his/her three-year term.
Section 16. Auditing Committee: The Auditing Committee consisting of a chairman and two Post members appointed by the Post Commander shall be responsible for conducting a yearly audit of the financial affairs of the Post and report its findings to the Executive Committee during the May meeting.
Section 17. Bar Committee: The Bar Committee consisting of a chairman and two Post members appointed by the Post Commander shall be responsible for assisting the Post Business Manager in the successful operation of Post Bars. Employed Bartenders report to the Post Business Manager, while volunteer Bartenders for special functions along with the Bingo’s, Fish Fry’s, etc. are responsible to the Chairman of the Bar Committee.
Section 18. Charitable Gaming Committee: The Charitable Gaming Committee shall consist of a chairman and such other members as required by Kentucky state charitable gaming laws. They shall supervise and be present at all charitable gaming events, as required by state law. They must be knowledgeable of all rules, regulations and paperwork requirements concerning bingo, raffles and special gaming functions.
Section 19. Refreshment Committee: The Refreshment Committee shall arrange for the serving of refreshments at the regular Post meeting and at such other meetings as may be designated by the Post Commander.
Section 20. Nominations and Elections Committee: The Nominations and Elections Committee shall consist of two members appointed by the Commander whose duties will be to gather nominations for upcoming elections and then to oversee the elections. The primary elections referred to are the election of officers and election of Executive Committee members.
Section 21. Carnival Committee: The Carnival Committee shall be responsible for all aspects of the yearly Post Carnival. Additional Carnival Committee members may be designated by the Chairman of the Carnival Committee as needed.
Section 22. All chairmen and employees of the Post are under the responsibility of the Commander and the Commander to the Executive Committee.
ARTICLE VII - RESOLUTIONS
Section 1. All resolutions of state and 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 VIII - MEETINGS
Section 1. The regular meetings of the general body of the Post will be held on the second Monday of each month in the Post home. Meetings will begin promptly at 6:30 P.M. Such business may be transacted as may be properly brought up for action by the general body. All actions taken by the Executive Committee at its most recent meeting shall be clearly stated in the minutes of that meeting. The reading of such minutes at a meeting of the general body and the approval as read or corrected by the body shall constitute the approval of all Executive Committee action covered in such minutes. Such meetings may be converted into entertainment meetings, as may be deemed advisable by the Officers of the Post.
Section 2. The Post Commander or any three elected members of the Post Executive Committee shall have the authority to call a special meeting of the Post Executive Committee at any time upon proper notice which is considered as 24 hours prior to the meeting. A quorum shall consist of seven members present of the Post Executive Committee.
ARTICLE IX - NOTICES
Section 1. Every member shall furnish the Post Adjutant with his/her address for mailing purposes.
Section 2. The Post Adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.
ARTICLE X - 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 XI - LIMITATION OF LIABILITIES
Section 1. This Post shall not incur, nor cause to be incurred, any liabilities or obligations whatsoever which shall subject to liability any other Post, subdivision, group, members of The American Legion, or other individuals, corporations or organizations.
ARTICLE XII - AMENDMENTS
Section 1. These By-Laws may be amended at any general body Post meeting by a vote of two-thirds of the membership 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 regular meeting of said Post; and provided, further, that written notice shall have been given to all members at least 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.