KINGS MOUNTAIN POST

No.24, Inc.

409 EAST MARKET STREET

JOHNSON CITY, TENNESSEE 37601

 

 

 

CONSTITUTION

 

 

Article I – Name

 

The name of this organization shall be Kings Mountain Post No. 24, Inc. of the American Legion, Department of Tennessee.

 

Article II – Objectives

 

The objectives of this organization shall be such as are set forth in the Preamble of the National Constitution of the American Legion.

 

Article III – Membership

 

There shall be but one class of membership. A member shall be a citizen of the United States, having served in the Armed Forces during the period of eligibility as determined by National Headquarters and having an Honorable Discharge and whose character is satisfactory to the Executive Committee. There shall be no honorary members.

 

Article IV – Meetings

 

This Post shall meet as provided in the By-Laws.

 


 

Article V - Officers

 

PARA-1 The appointing of the nominating committee shall take place in the month of January each year as provided in the By-Laws. A member of the nominating committee may be nominated for any office without resigning from said committee.

 

PARA-2 The nominating of officers shall take place in April.

 

PARA-3 The election of officers shall be held at the regular meeting in May.

 

PARA-4 The elected officers of this Post shall be a Commander, First Vice-Commander, a Second Vice-Commander and a Third-Vice Commander. The appointed officers of this Post shall be as stated in the By-Laws. All officers are members of the Executive Committee with voting rights, and the nomination, election for members at-large shall be as stated in the By-Laws.

 

PARA-5 The officers shall be installed at the regular meeting in June.

 

PARA-6 All officers of the Post shall serve following their installation in the month of June until their successor is elected and qualified.

 

PARA-7 The Executive Committee shall have the power to remove an officer for cause at any time by a two-thirds (2/3) vote. A quorum of six (6) members, excluding the officer to be removed, is required to be present at the meeting, and the meeting must be held upon ten (10) days’ Notice.

 

Article VI – Dues

 

Each member shall pay dues as prescribed in the By-Laws.

 

Article VII – Governing Body

 

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

 

PARA-2 The affairs of the Post shall be managed by the Executive Committee as it may deem proper, not inconsistent with this Constitution, the Post’s bylaws, and the Department and National Constitution and By-Laws of the American Legion.

 

PARA-3 The decisions of the Executive Committee in all Post matters shall be subject only to an appeal to the Post membership. A decision of the Executive Committee can only be overruled by a two-thirds (2/3) vote of the members present at a regular Post meeting. An appeal must be in writing to an officer supported by five members. Upon receipt of an appeal, Notice of such appeal must have been given by the Adjutant to all members of the Post at least ten (10) days in advance of such meeting.

 

PARA-4 If a matter cannot wait until the next Executive Committee Meeting, the Commander or a Vice Commander may call an emergency meeting of the Executive Committee upon reasonable notice for presentation of the matter. Upon 48 hours of the meeting Notice shall be given to the membership to the membership of the of the meeting and the decision of the Executive committee. At the next Regular Meeting of the Post, all matters coming before the Executive Committee in the emergency meeting shall be reviewed and discussed.

 

Article VIII - Suspension or Expulsion of Member

 

The suspension or expelling of a member from the American Legion will be according to the Officer’s Guide and the Manual of Ceremonies (Currently under Practice and Procedure in the Expulsion or Suspension of a Member).

 

Article IX - Real Property

 

No Post home or other real property owned by a Post shall be encumbered or sold, except by two-thirds (2/3) vote of the members at a regular or special meeting of the Post, upon ten (10) days Notice. Reference Post Operations Manual and Post Building Guide.

 

Article X – Avoidance of Politics

 

PARA-1 This Post shall not endorse or recommend any candidate for public office, elective or appointive and shall not discuss at any Post meeting the merits or demerits or such candidate.

 

PARA-2 The merits of any public question involving the social. economic, moral and physical welfare of the people may be fairly and intelligently studied and discussed before any Post meeting for the enlightenment of its members.

 

Article XI - Notice

 

All Notices shall be written or printed and if a notice of a meeting shall state the place, day and hour; and in the case of a special meeting, the purpose or purposes for which the meeting is called and the person or persons calling the meeting. Notices shall be delivered either personally, with evidence of receipt, by regular mail, or if agreed to in writing by email or facsimile, with evidence of delivery. If Notice is mailed, it shall be assumed to have been received and any Notice time period shall commence on the third day after the Notice is postmarked.

 

Article XII – Amendments

 

This Constitution may be amended or revised at any regular meeting by a two-thirds (2/3) vote with a quorum of twelve (12) members being present, upon Notice of at least ten (10) days in advance of the vote.

 

Article XIII – Conflict

 

PARA-1 In the event of any conflict between the provision of the Post, Department or National Constitution, the National Constitution and then the Department shall prevail.

 

PARA-2 No amendment or addition to this Constitution can be made that is not in keeping with the Department and/or National Constitution of the American Legion.

 

Constitution Approval:

 

 

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

Bryan Lauzon                              Michael J Metzner

Commander                               Adjutant

 

 

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

Jon Coward                                Anthony M Hlavac

Trustee                                      Finance Officer

 

 

 

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

 

April 9, 2018                              

 

_(original signed)_________

Michael J Metzner, Adjutant