KINGS MOUNTAIN POST

No.24, Inc.

409 EAST MARKET STREET

JOHNSON CITY, TENNESSEE 37601

BY-LAWS

Article I – Election of Officers

PARA-1 The Commander in January shall ask the members of the Executive Committee for nominations to serve on the Nominating Committee. The Commander shall not appoint the Nominating Committee nor be a member of it.

PARA-2 In February the Executive Committee shall appoint a Nominating Committee of three (3) members. The Nominating Committee should give thoughtful consideration to each candidate and secure his/her consent first. Members of The Nominating Committee may be nominated for office without resigning from said Committee.

PARA-3 At the regular April Meeting, the Nominating Committee shall present its nominations for the coming year to the Executive Committee. The presiding officer at the regular April membership meeting shall announce the nominations from the Nominating Committee and open nominations from the floor. Nominations from the floor must receive a second, and the person being nominated must have agreed to serve prior to being nominated. The presiding officer shall give ample time to receive nominations from the floor, but when the next matter comes before the members, the nominations are closed and not subject to be reopened without a two-thirds (2/3) majority vote of the members present.

PARA-4 The nominations will be for Commander, First Vice-Commander, Second Vice-Commander and Third Vice-Commander. In the event there is more than one (1) nomination for any office, the names shall be placed on a ballot and voted on at the regular May membership meeting you. The place, time, date and procedure will be as outlined in Article VI, PARA-2.

PARA-5 If there are no other nominations except the ones made by the nominating committee, then they shall be voted on by the members at the regular May membership meeting by voice or hand vote and those receiving the majority vote shall be declared elected.

PARA-6 In the event any nominee declines to stand for election, the presiding officer at the regular meeting in May shall declare nominations for that office re-opened, and shall receive further nominations from the floor, after which the nominee or nominees shall be voted on by hand show and the person receiving the majority of votes shall be declared elected.

PARA-7 The newly elected Commander in June shall appoint a Chaplain, a Judge Advocate, an Historian, a Service Officer, a Sergeant-At-Arms. The Executive Committee shall elect an Adjutant and a Finance Officer. The Commander may appoint such other officers as the Executive Committee may approve.

PARA-8 In the month of April after the nomination of officers set forth above, there shall be nominations from the floor for election of member(s) at-large whose term(s) have expired or to fill vacancies. The membership shall elect two (2) at-large member(s) to the Finance Committee as Trustees for a two (2) year term each to be staggered.

PARA-9 If there is a vacancy in any office of the Executive Committee, the Commander shall appoint a member to fill the vacancy with consent of the Executive Committee.

PARA-10 Elected and appointed officers of the Executive Committee shall hold office until their successor(s) are duly elected and qualified.

Article II – Executive Committee

PARA-1 The Governing Body of this Post shall be the Executive Committee composed of the duly elected and appointed officers of the Post.

PARA-2 Any elected officer of this Post shall have the approval of the Executive Committee before his/her name can be placed in nomination for any higher office as stated in the Constitution.

PARA-3 The Executive Committee is empowered to assign duties and responsibilities to all officers, standing committees, and temporary committees for the purpose of efficient supervision of activities of the Post.

Article III – Duties of Officers

The duties of the Officers of the Post shall be those duties set forth in the American Legion Officer’s Guide as amended from time to time.

Article IV - Post Meetings

PARA-1 The Installation of officers shall take place at the regular meeting in June, and certified to the Department Adjutant not later than the 20th day of June of that year.

PARA-2 The regular meeting of the Post shall be held on dates to be fixed by a vote of the Post members at the regular June meeting each year. The Executive Committee may for good reason, change the date of any scheduled meeting.

PARA-3 A meeting of the Post may be called by any Executive Committee member or in writing by five (5) members to consider a specifically identified subject(s). Notice of the meeting must be given pursuant to Article XI of the Constitution of the Post.

PARA-4 No less than twelve (12) members of the membership of the Post shall constitute a quorum at any regular meeting of the Post.

PARA-5 All meetings of the Post shall be conducted according to the Post, Department, and National Constitutions and By-Laws and the current edition of the Officer’s Guide and Manual of Ceremonies supplemented by Roberts Rules of Order, were not in conflict.

Article V – Executive Committee Meetings

PARA-1 A regular meeting of the Executive Committee shall be held before each Post meeting at such time and place as the Committee may determine at a previous meeting. Special meetings of Executive Committee may be called by the Commander or any two (2) members of the Committee, as it deemed necessary with at least two days’ Notice, except for emergencies which may be held pursuant to Article VII, PARA. 4 of the Constitution.

PARA-2 Six (6) members of the Executive Committee shall constitute a quorum.

Article VI - Fees and dues

PARA-1 There shall be no admission fee.

PARA-2 Membership dues shall be set at the beginning of each fiscal year, unless changed by Department and National Headquarters.

Article VII – Method of Voting

PARA-1 The business of this Post shall be transacted by voice vote, except for the election of officers, which shall be by ballot when there is more than one nomination. Members at a meeting, upon a majority vote, may require a vote by ballot on any matter.

PARA-2 For election of officers, the voting date, time, place and procedure is as follows. Voting date shall be the same day as the regular June Post meeting. The time to vote shall be from 1400 hrs. to 1745 hrs. at the Post. The Sergeant-At-Arms will check current membership cards as members enter and sign in. The Adjutant will then issue the member a ballot for voting. The member will vote his/her choice of candidate(s) and deposit the ballot in a box. (labeled Ballot Box), located at the head table. Voting will be monitored by the Sergeant-At-Arms and at least one non-member. The First Vice-Commander, another non-elected and not running for office Executive Committee Member and a Post member will count the ballots after which the Adjutant or Judge Advocate will read the results.

Article VIII – Committees

Two (2) At-Large members will serve as Trustees. The Trustees will hold Legion Property in Trust and manage said property as authorized by the Executive Committee. The Trustees’ terms shall be staggered.

Article IX – Finance Committee

PARA-1 The Finance Committee, chaired by the Finance Officer, shall be composed of the Finance Officer and the two Trustees. The Finance Committee shall have supervision of the finances of the Post. The purpose of this Committee is to create, manage and maintain permanent continuing fiscal procedures, policies, and records of the finances of the Post in a manner approved by the Executive Committee.

The Post insurance policy shall include embezzlement coverage of at least $50,000.

The Finance Committee shall make recommendations upon request of the Commander or Executive Committee regarding any expenditure or contract. All Post checks and approval of disbursements shall require two signatures, one of a member of the Finance Committee and one of a member of the Executive Committee.

PARA-2 At the Executive Committee meeting in the month of July, the Finance Officer will inform it of the financial institutions’ names, locations and account numbers of any and all accounts containing Post funds. From time to time the Executive Committee shall approve and` the Commander shall sign a letter addressed to all financial institutions holding Post funds advising the institutions of those members having check signing authority. No Post monies shall be deposited in a financial institution without the prior written consent of the Executive Committee.

PARA-3 All bills shall be paid one week prior to posted due date.

PARA-4 A written reason shall be presented to the Executive Committee by the Finance Committee when a withdrawal from a savings account is necessary. No withdrawal from a Post savings account shall be made without approval in writing by the Executive Committee and withdrawal shall be made jointly by a trustee and a member of the Executive Committee.

PARA-5 All finance records shall be kept at the Post Home. Only the Finance Officer and Finance Committee shall have access to Finance records. Two members of the Finance Committee may call for a Finance Committee meeting for the purpose of business or review of Finance records, notice having been given three (3) days in advance of such meeting and said report shall be given at the next regular Executive Committee meeting.

PARA-6 The Trustees shall also have complete control of such property as allotted to them by the Executive Committee, until relieved of such control. The Trustees will manage said property to keep it in good condition and will report to the Executive Committee as needed or as required

PARA-7 A monthly financial statement shall be given to Post members and the Executive Committee at their regular meetings. The report shall be oral and a typed report shall be given to the Executive Committee. Such report can help in the annual report for auditing Post finance records.

Article X – Additional Duties of Officers and Committees

PARA-1 The First Vice-Commander shall appoint a Membership Committee of which he/she shall be Chairperson. The Membership Committee shall be responsible for securing members along with all members of the Post. All membership applications and dues shall be turned over to the Post Adjutant.

PARA-2 The Second Vice-Commander shall appoint and chair a Program Committee. It shall be the duty of this committee to furnish programs at Post Meetings and other occasions as the Commander may request.

PARA-3 The Third Vice-Commander appoint and chair a Kitchen Committee that shall maintain and supply the kitchen and prepare and serve meals as the Commander may request. The Kitchen Committee shall coordinate with the Trustees regarding the kitchen equipment.

PARA-4 The Commander shall appoint such other standing and temporary committees as may be necessary and empower them to act. These committees shall transact such business and make such reports and recommendation as may be delegated to them by the Commander and or Executive Committee.

Article XI – Resolutions

PARA-1 Motions or resolutions, if offered at a Post meeting, shall be referred to the Executive Committee, which may refer the matter to another committee. After giving due consideration of the matter, the Executive Committee shall timely submit its recommendation to the Post. The Post shall submit the matter to the members for a vote.

PARA-2 Any appeal for charitable or other contributions to be made by the Post or its members as Legionnaires shall conform to the procedure prescribed in PARA-1 of this Article and Standard Operating Procedure.

Article XII – Amendments

These By-Laws may be amended at any regular meeting of the Post at which a quorum of Twelve (12) members are present and by a two-thirds (2/3) vote of the members present. Notice of an amendment of the By Laws shall be given in writing to the members not less than 30 days prior to said meeting. Notice of the meeting to amend the By Law shall contain a copy of the Article to be amended and the proposed amendment. No amendment of the By-Laws shall be made that is not in harmony with the Post Constitution, Department or National By-Laws.

By-Laws Approval:

_(original signed)_________ _(original signed)_________

Commander Adjutant

Bryan Lauzon Michael J Metzner

_(original signed)_________ _(original signed)_________

Jon Coward Anthony M Hlavac

Trustee Financial Officer

Approved by two thirds majority of a quorum in excess of 12 members on

April 9, 2018

_(original signed)_________

Michael J Metzner, Adjutant