BY-LAWS

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By-Laws

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CONSTITUTION AND BY-LAWS OF

THE AMERICAN LEGION

NATHANIEL ADAMS BLANCHARD POST NO. 1040

DELMAR, NEW YORK

THE AMERICAN LEGION, DEPARTMENT OF NEW YORK

__________________________

CONSTITUTION

CONSTITUTION PREAMBLE

For God and Country, we associate ourselves together for the following purposes. To

uphold and defend the Constitution of the United States of America, to maintain law and order:

to foster and perpetuate a one hundred percent Americanism: to preserve the memories and

incidents of our associations in the Great Wars: to inculcate a sense of individual obligation to

the Community, State, and Nation: to combat the autocracy of both the classes and the masses: to

make right the master of might: to promote peace and good will on earth: to safeguard and

transmit to posterity the principles of justice, freedom, and democracy: to consecrate and sanctify

our comradeship by our devotion to mutual helpfulness.

ARTICLE I – NAME AND HEADQUARTERS

Section 1. The name of this organization shall be NATHANIEL ADAMS

BLANCHARD Post No. 1040. The American Legion, Albany County, Department of New

York Inc. Organized September 1, 1930 and incorporated August 25, 1931 under the laws of the

State on New York as a Membership Corporation.

Section 2. The Post Headquarters shall be located at 16 West Poplar Drive, Delmar,

NY 12054; all notices and documents addressed to the Post shall be sent to these Headquarters.

ARTICLE II – OBJECTS

Section 1. The objects and purposes of this Post shall be to promote the principles

and policies set forth in the foregoing preamble, and the National, Department of New York, and

Albany County, Constitution and By-laws of The American Legion.

ARTICLE III – MEMBERSHIP

Section 1. Any person shall be eligible for membership in The American Legion who

was a member of the Army, Navy, Marine Corps, Coast Guard, or Air Force of the United States

and assigned to active duty at some time during any of the following periods:

April 6, 1917 to November 11, 1918 (WWI)

December 7, 1941 to December 31, 1946 (WWII)

June 25, 1950 to January 31, 1955 (Korea)

February 28, 1961 to May 7, 1975 (Vietnam)

August 24, 1982 to July 31, 1984 (Lebanon / Grenada)

December 20, 1989 to January 31, 1990 (Panama)

August 2, 1990 until the cessation of hostilities as determined by the Congress of The United

States of America. (Persian Gulf / Middle East / Southwest Asia / Somalia)

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All dates inclusive, or who being a citizen of the United States at the time of his entry therein,

served on active duty in the Armed Forces of any of the governments associated with the United

States during any of the said periods; provided, however, that such service shall have been

terminated by honorable discharge or honorable separation, or continued honorably after any of

said periods; provided, further, that no person shall be entitled to membership who, being in such

service during any of said periods, refused on conscientious, political, or other grounds to subject

himself to military discipline or unqualified service.

Section 2. Application for membership shall be made in writing under such

regulations as may, from time to time, be prescribed by the Post Executive Committee and

approved by the County Committee wherein this Post is located. All applications for

membership accompanied by service discharge papers shall be referred to the Membership

Committee, who shall report their finding to the Executive Committee. Upon approval of

eligibility, the application accompanied by the dues shall be presented to the Post Affairs

Committee at a regular meeting and shall be acted upon at such meeting. With a quorum, a

majority vote of the Post Affairs Committee shall be necessary for acceptance.

Section 3. There shall be no form or class of membership except an active

membership. Dues shall be paid annually or for life.

Section 4. No person who is a member of another Post may be a member of this Post.

Section 5. Members may be suspended or expelled from this Post of The American

Legion only upon proper showing of cause. Charges shall be based upon disloyalty, neglect of

duty, dishonesty, or other 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 membership until given a fair trial in such manner and form as The Department of New York,

Department Executive Committee shall prescribe. This action shall govern procedure whenever

charges are brought against any person at any time appearing upon the rolls of this Post as a

member, upon the grounds of his ineligibility to membership in the Post.

Section 6. Any member who has been suspended or expelled has the right of appeal

to the Department Executive committee in the manner prescribed by said Committee. The

decision of the department shall be final.

Section 7. No person, who has been expelled by a Post shall be admitted to

membership in this Post without the consent of the expelling Post, except that where such

consent has been asked for and has been denied by such Post, he may then appeal to the

Department Executive Committee for permission to be admitted to membership in the Post and

he shall be ineligible for membership until such permission is granted.

Section 8. A member who has been expelled or suspended from this Post for any

cause other than non-payment of dues may be reinstated to membership by a two-thirds vote of

the Executive Committee and a majority vote of the Post; provided, however, that he shall make

payment of any arrears in his dues from the time of the expulsion or suspension, and also other

regular dues which have been payable in the interval between his expulsion or suspension and

his reinstatement.

Section 9. Any member in good standing desiring to transfer from this Post to

another Post is entitled to a certificate from this Post stating his membership, the duration

thereof, and the date to which his dues are paid.

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ARTICLE IV – NATURE

Section 1. THE AMERICAN LEGION is a civilian organization and membership

therein does not affect or increase liability for military or police service. Rank does not exist in

The American Legion; no member shall be addressed by his military or naval title in any meeting

of the Post.

Section 2. THE AMERICAN LEGION shall be absolutely non-political and nonsectarian,

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.

Section 3. Each member shall perform his full duty as a citizen according to his own

conscience and understanding.

ARTICLE V – OFFICERS

Section 1. The Administration of the Post’s affairs, between meetings of the Post,

and except as may be otherwise provided in the By-laws of the Post, shall be under the

supervision of an Executive Committee, which shall consist of eight members, also known as

the Board of Directors, in addition to the elective officers of the Post. There are three Ex-officio

members of the Board of Directors which include the Commander, Past Commander and Finance

Officer.

Section 2. The elective officers of this Post shall be a Commander, three Vice-

Commanders, an Adjutant, Treasurer (Finance Officer), and Board of Directors (Executive

Committee). The Commander will appoint the Judge Advocate, Post Historian, Post Chaplain,

Service Officer and Sergeant-at-Arms.

Section 3. All elective officers and Board of Directors shall be elected in May and

installed in the month of June annually and they shall hold office until their successors are duly

installed or as otherwise provided. Terms of office for the Board of Directors shall be three year

terms. Director positions for election are staggered to three, three, and two per year.

Section 4. Every member of this Post, in good standing, shall be eligible to hold

office in this Post except as otherwise provided herein.

Section 5. The duties of officers and Board of Directors shall be those usually

appertaining to such officers or Board-men and as further provided in the By-laws.

ARTICLE VI – FINANCES AND DUES

Section 1. The revenue of this Post shall be derived from membership or initiation

fees from annual membership dues and from such other sources as may be approved by the Post.

Section 2. The minimum annual dues of individual members of the Post shall be set

by the National Organization and, in addition thereto, any amount charged as dues by any

intermediate body between the Post and Department of New York per member; the amount of

the Annual Post dues shall be as set forth in the Post By-laws.

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Section 3. The Post shall expeditiously collect the annual dues for its members and

shall pay to The American Legion, Department of New York such amount due to the National,

Department, District, and County Organizations.

Section 4. All monies received in any manner for welfare purposes of any nature by

the Post shall be deposited in a duly authorized banking institution and none of such monies shall

be withdrawn except for welfare purposes and, upon draft signed by the Treasurer of the Post

and drawn up by the Post Accountant.

Section 5. This Post shall not solicit another Post or County Organization for

purposes of financial aid or relief.

ARTICLE VII – AUXILIARY

Section 1. The Post recognizes an Auxiliary Organization knows as the Auxiliary

Unit of Nathaniel Adams Blanchard Post 1040 The American Legion.

Section 2. Membership in the said Auxiliary Organization shall be governed by such

rules and regulations as may be prescribed by the National Executive Committee of The

American Legion Auxiliary and thereafter approved by this Department of The American

Legion.

ARTICLE VIII – SONS OF THE AMERICAN LEGION

Section 1. This Post recognizes a Sons of The American Legion Organization known

as the Sons of the American Legion Squadron Nathaniel Adams Blanchard Post No. 1040, The

American Legion, Department of New York.

Section 2. Membership in the Sons of The American Legion shall be governed by

such rules and regulations as may be prescribed by the National Executive Committee of The

American Legion and thereafter approved by The Department of New York Executive

Committee.

ARTICLE IX – AMENDMENTS

Section 1. This Constitution is adopted subject to the provisions of the National,

Department, and Albany County Constitution and By-laws, The American Legion. Any

amendments to said National, Department, or County Constitution and By-laws which 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 regular Post meeting by a vote

of two-thirds of the members attending such regular meeting, provided that the proposed

amendment shall have been submitted in writing and read at a preceding regular meeting of the

Post, and provided further that written notice, including a copy of the proposed amendment shall

have been sent to all members at least ten days in advance of the date when such amendment is

to be voted upon.

Section 3. Whenever the pronoun “he” or any declination thereof is used in the

Constitution, it shall be deemed to include persons of both sexes.

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BY-LAWS

ARTICLE I – NAME AND OBJECTS

Section 1. The Post existing under these By-laws is to be known as Nathaniel Adams

Blanchard Post No. 1040, The American Legion, Department of New York Albany County.

Section 2. The objects of this Post are as set forth in the Constitution.

ARTICLE II – ADMINISTRATION

Section 1. The administration of the Post’s affairs, between meetings of the Post, and

except as may be otherwise provided in these By-laws, shall be under the supervision of the

Executive Committee (Board of Directors).

Section 2. The elective members of the Executive Committee together with the

elective officers of this Post shall be elected and installed in the month of June, annually. All

elections of officers and Executive Committeemen shall be by ballot and the candidate or

candidates receiving the highest number of votes shall be elected to the respective office or

offices for which they are candidates, and they shall hold office until their successors are duly

installed or as otherwise provided. Any elective officer or Executive Committeeman may be

removed from office, for disability, neglect of duty, or for conduct unbecoming a member of the

American Legion as deemed necessary by the Executive Committee after due notice and hearing

as provided by the Department Executive Committee, a two-thirds vote of said committee being

necessary to effect such removal.

Section 3. All vacancies existing in the Executive Committee, or in any office of the

Post from any cause other than the expiration of term of office shall be filled by a majority vote

of the remaining members of the committee, and a person so chosen shall hold office for the

unexpired term of the member of the committee or officer when he succeeds. A vacancy shall

exist when a member or officer is absent from his Post for three consecutive meetings if

considered by the Executive Committee to be detrimental to the best interests of the Post.

ARTICLE III – POST EXECUTIVE COMMITTEE (BOARD OF DIRECTORS)

Section 1. In accordance with the Certificate of Incorporation of the Post, the Board

of Directors of the Post shall consist of eleven members of this Post in good standing. The

Board of Directors shall act as and perform all the functions and duties of the Executive

Committee of the Post whenever the Executive Committee is referred to in the National,

Department or County Constitution and By-Laws. One of such directors shall be the Post

Commander; one of such directors shall be the Finance Officer, and after June 1, 1973 one of

such directors shall be the retiring Post Commander whose automatic term on the Board of

Directors shall be one year. The remaining directors shall consist of the present directors whose

term of office have not yet expired and those directors to be elected at the Annual Meeting of the

Post for three year terms to succeed those elected directors whose term has expired. Each year

thereafter three directors shall be elected to serve three year terms except that on each successive

third year two directors only shall be elected for three year terms so that the Board of Directors

shall consist of eleven members at all times.

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Section 2. Such Board shall elect its Chairman annually from one of its members

other than the Post Commander at its first meeting held after June 1 of each year. It shall be the

duty of the Chairman to preside over the meetings of the Board. He shall prepare copies of the

roster of the members of the Board, such roster showing the expiration date of the terms of office

of each of the directors and a copy of such roster shall be furnished to the Commander, the

Adjutant and to the Secretary of the Board of Directors, and a copy shall be affixed to the minute

book of the Adjutant and the Board Secretary. The Board of Directors shall also elect from its

members a secretary, or employ the Post Adjutant, who shall keep an accurate minute book of

the proceedings of such Board and shall forward a copy of such proceedings within one week

following each meeting to the Post Adjutant. If employing the Post Adjutant he is considered to

be a non-voting member of the Board of Directors.

The Board of Directors shall meet at least once a month or more frequently as called by

the Chairman or on written notice of any three members. Six members shall constitute a quorum

of the Board of Directors. Any member who fails to attend three consecutive meetings will

automatically cause a vacancy in his office unless such absence shall be excused for good cause

by vote of a majority of the directors. If a member of the Board of Directors ceases to be a

member in good standing of the Post, it shall automatically cause a vacancy in his office. In

addition, any member of the Board of Directors may be removed from such office for disability,

neglect of duty, or for conduct unbecoming a member of the Post upon two-thirds vote of the

members of the Board of Directors and ratification of their action by two-thirds of the members

present at the next regular meeting of the Post held after such action by the Board of Directors.

A vacancy of such Board shall be filled by a majority vote of the members present at a regular

meeting of the Board of Directors. Persons so appointed shall hold office until the next annual

meeting at which time a person shall be elected to the expired term of the member whom he

replaced.

ARTICLE III – A – POWERS AND DUTIES OF BOARD OF DIRECTORS

Section 1. The Board of Directors shall have charge of all of the Post property and

the management thereof. It shall be its duty to supervise and manage the Post properties,

facilities and services, to employ and supervise all employees, to supervise and manage all

necessary repair and renovations of Post property, to purchase all furniture, furnishings, fittings

and supplies, to supervise the collections of all receipts and income of the Post. The Finance

Officer shall maintain the Post funds in such separate accounts as directed by the Board of

Directors. The Board of Directors shall audit and certify before payment all bills and charges

assessed or incurred by the Post, with the excepted expenditures made by the Post Affairs

Committee within its authorized budget, which excepted expenditures shall be subject to such

controls as may be provided by the Board of Directors.

Section 2. At the beginning of its term and at the beginning of each fiscal year of the

Post, the Board of Directors shall cause a budget to be made for the ensuing year for conduct and

management of the Post. In connection with the preparation of such budget, the Post Affairs

Committee shall submit a budget for the approval of the Board of Directors for its activities

during the ensuing year. From time to time in the judgment of the Board of Directors, upon

resolution, it may direct the Finance Officer to pay over to the Post Affairs Fund for the use of

the Post Affairs Committee such amounts as in the judgment of the Board of Directors it may

deem proper.

Section 3. The Board of Directors may set aside and keep in a special fund in the

name of the Finance Officer, such monies as it may deem advisable as an amortization fund or

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emergency fund for future repairs or replacements of Post properties, with a maximum of

$1,000.00 per month without concurrence of membership.

Section 4. The Board of Directors may make such expenditures from funds other

than those set aside in the Post Affairs Fund as it shall deem advisable for the conduct of the

business of the Post and the maintenance or replacement of its physical properties or facilities,

provided, however, it shall make no expenditure or incur no obligation in excess of $10,000.00

without the approval of the membership at a regular meeting of the Post.

Section 5. The Board of Directors shall make rules and regulations for the use of the

Post facilities and shall make appropriate provisions for the enforcement thereof.

Section 6. The Board of Directors shall render to the Post an annual account at the

first meeting of the Post held in September of each year, showing the income and disbursements

of the Post during the preceding fiscal year and an accurate inventory of the assets or liabilities

of the Post.

Section 7. The Board of Directors shall cause an audit to be made immediately after

the close of the fiscal year of the Post of the Finance Officer’s books and accounts and shall

make a report thereof at the first meeting of the Post in September.

Section 8. The Board of Directors may appoint from its membership or members of

the Post, after consultation with the Commander, such committees as it may deem necessary to

carry out its functions.

ARTICLE IV – POST AFFAIRS COMMITTEE

Section 1. The Post Affairs Committee shall consist of the Commander as presiding

officer and three Vice Commanders, the Adjutant and Finance Officer, and such chairmen of

standings committees as shall be designated by the Commander as members of the Post Affairs

Committee. The Post Affairs Committee shall meet at least once each month and shall plan and

conduct the programs of the Post, its meetings, its public affairs. Its social events, community

and citizenship activities, and shall devote its energies to the conduct of such affairs of the Post

as will further the purposes and principals of the American Legion. It may expend from funds

set aside in its name, any sums within its budget approved by the Board of Directors, subject to

such controls as may be set up by the Board of Directors.

Section 2. A majority of members of the Post Affairs Committee shall constitute a

quorum.

Section 3. Any officer of the Post may be removed from office for disability, neglect

of duty, or for conduct unbecoming a member of the American Legion upon two-thirds vote of

the members of the Post Affairs Committee and ratification of their action by two-thirds of the

members present at the next regular meeting of the Post held after such action of the Post Affairs

Committee. The vacancy created by such action, or by death or resignation of any officer, shall

be filled by the Post Affairs Committee for the unexpired term of the office so vacated, with the

exception of a vacancy in the office of Commander which shall be filled by the Senior Vice

Commander, who thereupon shall automatically become the Commander for the unexpired term

of his predecessor.

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ARTICLE V – OFFICERS AND THEIR ASSIGNED DUTIES

Section 1. The officers shall consist of the Commander, a Senior Vice Commander

(First Vice), two additional Vice Commanders, Adjutant and Finance Officer, all of whom shall

be elected at the Annual meeting of the Post. Appointed Officers will be the Chaplain, Sergeantat-

Arms, Historian, Service Officer and Judge Advocate, all officers shall hold office for the

ensuing fiscal year or until their respective successors have been chosen and shall perform the

customary duties pertaining to their respective offices.

Section 2. Duties of Post Commander: It shall be the duty of the Post Commander to

preside at all meetings of the Post and Post Affairs Committee and to have general supervision

over the business and affairs of the Post. He shall approve all orders directing the disbursements

of funds and shall make an annual report covering the business of the Post for the year, and

recommendations for the coming year, which shall be read at the annual meeting and a copy

thereof immediately forwarded to the County Adjutant. He shall perform such other duties as

directed by the Post.

Section 3. Duties of Vice Commanders: The Vice Commanders shall, in the order of

their seniority, assume and discharge the duties of the office of Commander in the absence or

disability of, or when called upon by the Post Commander.

a. First Vice Commander: Shall be in charge of the Membership Committee, in

compliance to National recordkeeping. Shall be first in line of succession in

the absence of the Commander.

b. Second Vice Commander: Shall be in charge of Post sponsored events with

appropriate committees. Shall be second in the line of succession and shall be

in charge in absence of the Commander and First Vice Commander.

c. Third Vice Commander: Shall perform duties as assigned to him by the

Commander or the Executive Committee. Shall be third in the line of

succession.

Section 4. Duties of Post Adjutant: The Adjutant shall give due written (printed or

electronic) notice of all Special Meetings, and of all Post Affairs Committee meetings of the

Post. The Adjutant shall have charge of, and keep a full and correct record of, all proceedings of

all of all meetings, keep such records that the Department and National Organizations may

require, render reports of membership annually or when called upon at a meeting, and, under

direction of the Commander, handle all correspondence of the Post. He shall receive from the

Membership Chairman all names and contact information of elected new members of the Post.

Section 5. Duties of the Treasurer: The Treasurer (Finance Officer) shall, subject to

the control of the Board of Directors, be charged with the collection and custody of the funds of

the Post, shall have charge of all finances and see that they are safely deposited in a local bank or

banks and shall report, once a month, to the Executive Committee the condition of the finances

of the Post, with such recommendations as he may deem expedient or necessary for raising funds

with which to carry on the activities of the Post. He shall sign all checks disbursing the monies

of the Post. He shall furnish such surety bond in such sum as shall be fixed by the Post

Executive Committee.

Section 6. Duties of the Judge Advocate: The Judge Advocate duties will be to give

advice to officers and the Executive Committee in matters pertaining to their duties. No opinion

shall be rendered affecting Department or National policies of The American Legion until a

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conference is held with the Department Judge Advocate. Judge Advocates renders opinions

only.

Section 7. Duties of Post Historian: The Post Historian shall be charged with the

individual records and incidents of the Post and Post members, and shall perform such other

duties as may properly pertain to the office as may be determined by the Post or the Executive

Committee.

Section 8. Duties of Post Chaplain: The Post Chaplain shall be charged with the

spiritual welfare of the Post comrades and will offer divine, but non-sectarian service in the event

of dedications, funerals, public functions, etc., adhere to such ceremonial rituals as are

recommended by the National or Department Headquarters from time to time.

Section 9. Duties of Sergeant-at-Arms: The Sergeant-at-Arms shall preserve order at

all meetings. He shall also be charged with setting up the Post for membership meetings and

shall perform such other duties as may be, from time to time, assigned to him by the Post

Executive Committee.

ARTICLE VI – MEMBERSHIP AND DUES

Section 1 No person shall be eligible to membership in the Post unless he is eligible

to membership in the American Legion under the Constitution of the Department of New York

of the American Legion. Any person eligible to membership as aforesaid, may become a

member of this Post upon his election by the Post Affairs Committee and payment of dues for

the current year, and upon signing an enrollment card for membership in the American Legion.

Section 2. The amount of annual Post dues shall be thirty five dollars ($35.00),

payable in advance on the 20th day of August of each year. Annual dues amount may be changed

by a majority of the members attending a regular meeting disclosed to the membership for said

purpose, prior to that meeting.

From such dues the Post shall pay such sums per member as shall be prescribed by the

Constitution and By-Laws of the National, Department and County Organizations.

Section 3. A member whose dues for the current year have not been paid by January

first, shall be classed as delinquent. If his dues are paid on or before February first, he shall be

automatically reinstated. If he is still delinquent after February first, he shall be suspended from

all privileges. If he is still under such suspension on June thirtieth of such year, his membership

in THE AMERICAN LEGION shall be forfeited. A member so suspended or whose

membership has been so forfeited may be reinstated to active membership in good standing by

vote of the Post and payment of current dues for the year in which the reinstatement occurs;

provided, however, that the Post, Department, and National organizations may waive the

provisions thereof, upon payment of dues for the year in which the reinstatement occurs, with

reference to former members who have been prevented from the payment of dues by reason of

active military service.

Section 4. A member of this Post may be suspended or expelled from membership

only as provided for in the Constitution and By-Laws of the Department of New York.

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ARTICLE VII – FINANCES

Section 1. All Post monies shall be deposited in a duly authorized banking institution

as designed by the Post Executive Committee, and none of such monies shall be withdrawn

except upon draft or check drawn up by the Post Accountant and signed by the Post Treasurer.

Section 2. The fiscal year of the Post shall be from June 1st through the following

May 31st.

ARTICLE VIII – APPOINTMENTS

Section 1. The Post Commander, immediately upon taking office each year, shall

appoint the following standing committees: Membership, Finance, Legal, Publicity, Service,

Visiting and Americanism. Such standing committees shall consist of such members, and the

chairman thereof, as shall be designated by the Post Commander.

Section 2. Membership Committee shall be chaired by the 1st Vice Commander, and

shall have charge of all matters pertaining to the membership of the Post, including procuring of

new members, reinstatement, and eligibility of members.

Section 3. Finance Committee – The Finance Committee shall be chaired by the

Finance Officer and shall be charged with the administration of the financial policy, preparation

of budget recommendations, and supervision of receiving, disbursing, and accounting of all Post

funds.

Section 4. Legal Committee – The Legal Committee shall be charged with the legal

supervision of Post affairs and audit of Post financial accounts.

Section 5. Publicity Committee – The Publicity Committee shall be charged with the

promotion of public support of the Legion’s program by the establishment of proper contact with

The American Legion Magazine, Department, and National Legion news services, and by local

publicity of Post programs and activities.

Section 6. Service Committee – The Service Committee shall supervise all matters

pertaining to service to comrades in the prosecution of all claims against the United States or

State Governments, employment, relief, etc., and community welfare matters.

Section 7. Visiting Committee – The Visiting committee chaired by the Chaplain is

charged with the visiting and comforting of members and their families when sick or bereaved.

Section 8. Americanism Committee – The Americanism Committee shall be charged

with the inspiration of patriotism and good citizenship by arrangements for proper observance of

patriotic occasions; encouragement of patriotic and civic phases of instruction in schools;

Americanization of aliens; combating anti-American propaganda by education of the general

public in American ideals through public forums, etc., and activities for community and civic

betterment.

ARTICLE IX – MEETINGS

Section 1. The regular meetings of the Post shall be held at the Post Headquarters or

a place to be decided upon by the Post, on the 1st Monday of each month, at which may be

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transacted such business as may properly be brought up for action. Except during the months of

July and August when membership meetings are suspended and any regular meeting falling on a

holiday, which shall be held on the day following such holiday.

Section 2. The Post Commander or a majority of the Executive Committee shall have

power to call a special meeting of the Post at any time.

Section 3. Upon the written request of ten Post members, the Commander or the

executive committee shall call a special meeting of the Post.

Section 4. Thirteen members of the Post shall constitute a quorum for an official

meeting to take place. This will consist of a minimum of three Officers of the Post. (Resolution

#7 Approved 7 May 2012 and Adopted 1 June 2012)

Section 5. An annual meeting of the Post shall be held each May at the regular

membership meeting at which the annual reports of the officers shall be submitted, the election

of the next years slate of officers and such other business transacted as shall be found desirable.

ARTICLE X – ELECTION OF OFFICERS AND MEMBERS OF THE BOARD OF

DIRECTORS.

Section 1. The Post officers and members of the Board of Directors shall be elected

at each annual meeting of the Post.

Section 2. Any candidates for Post Commander must have held a minimum office

previously, of an elected Vice Commander for a minimum of one complete term.

Section 3. The candidates for elections shall be nominated in the following manner:

a. The Post Commander shall appoint a nominating committee no later than February 1st

which will present to the membership a slate of nominees for the meeting in April. No

member of the nominating committee shall be a candidate for elected office.

b. The nominating slate shall include one or more names for each office and for the

members of the Board of Directors.

c. Other names may be placed in nomination from the floor after the nominating

committee’s report is received.

Section 4. These names shall be presented for election by ballot at the annual

meeting providing nominees have agreed to accept the position they are nominated for.

Section 5. Should a tie vote be cast for any office, a new vote shall be taken until the

election is decided.

ARTICLE XI – NOTICES

Section 1. Each member shall furnish the Post Adjutant with an address for US

Postal mailing purposes and a current electronic address (e-mail, if available) and inform the

Adjutant of any change in such address.

Section 2. The Adjutant shall cause to be mailed or e-mailed to each member, at the

address furnished by such member, notice of meetings and each special meeting of the Post at

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least three days prior to such meeting, except as otherwise provided in the Constitution and Bylaws,

and all notices as required by the Constitution and By-laws.

Section 3. Notices of meetings at which nominations or elections of officers are to be

held shall specify that such nominations or elections are to be held at such meeting, and shall be

sent at least two weeks prior to each such meeting.

ARTICLE XII – RULES

Section 1. The order of procedure at meetings of this Post shall be governed by

Robert’s Rules of Order, Revised, except as otherwise provided herein.

ARTICLE XIII – LIMITATION OF LIABILITY

Section 1. This Post shall not incur, nor cause to be incurred, any liability or

obligation whatever which will subject to liability any other Post, Sub-division, group of men,

members of The American Legion, or other individuals, corporations, or organizations.

Section 2. With the exception of the expenditures herein above authorized to be

made by the Board of Directors and the Post Affairs Committee no expenditure shall be made or

obligation incurred by the membership of the Post except by a majority vote of the members

present at a regular or a special meeting of the Board of Directors.

ARTICLE XIV – CONFORMANCE TO THE PRINCIPALS OF THE AMERICAN LEGION.

Section 1. The Post shall uphold the declared principals of the American Legion,

shall conform and abide by the regulations and decisions of the New York State Organization

and the national Executive Committee or other duly constituted national governing bodies of the

American Legion.

ARTICLE XV – AMENDMENTS

Section 1. These By-laws are adopted subject to the provisions of the National,

Department, and Albany County Constitution and By-laws. Any amendments to said National,

Department or County Constitution and By-laws, which are in conflict with the provisions hereof

shall be regarded as automatically repealing or modifying the provisions of these By-laws to the

extent of such conflict.

Section 2. These By-laws may be amended at any regular Post meeting by a vote of

two-thirds of the members attending such regular meeting, provided that the proposed

amendment shall have been submitted in writing, and read at a preceding regular meeting of said

Post, and provided further, that written or electronic notice shall have been given to all members

at least ten 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.

Section 3. The Constitution and By-laws of this Post shall be reviewed every five

years dating from the latest amendment or resolution. This is to ensure compliance with

National, Department of New York, and Albany County Constitution and By-laws of The

American Legion.

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Section 4. Whenever the pronoun “he” or any declination thereof is used in the

Constitution, it shall be deemed to include persons of both sexes.

Adopted: February 1, 1960

Effective: June 1, 1960

Amended: February 20, 1967

Amended: April 6, 1970

Amended: January 2, 1973

Amended: September 7, 1976

Amended: September 4, 1979

Amended: December 5. 1994

Amended: November 28, 1998

Amended: March 31, 2008

Amended: May 7, 2012

Amended: November 4, 2013

ARTICLE XVI– RESOLUTIONS

RESOLUTION #1 – ADOPTED SEPTEMBER 7, 1976

Superseded by Resolution #5 adopted March 31, 2008

RESOLUTION #2 – ADOPTED SEPTEMBER 7 1976

Expired upon payment of the Post Building Mortgage in full.

RESOLUTION #3 – ADOPTED SEPTEMBER 4, 1979

RESOLVED that the Nathaniel Adams Blanchard Post #1040 apply for a license to operate

games of chance under the rules and regulations of the New York State Racing and Wagering

Board.

RESOLUTION #4 – ADOPTED DECEMBER 5, 1994

Superseded by Resolution #6 adopted March 31, 2008

RESOLUTION #5 – ADOPTED MARCH 31, 2008

Superseding Resolution #1 adopted September 7, 1976

BINGO COMMITTEE

1. The Bingo Committee will function as a committee under the direction of the Board of

Directors (Executive Committee). The Chairman of the Bingo Committee is to be

appointed by the Chairman of the Board of Directors after the approval of the majority of

the remaining Board Members. The Chairman of the Bingo Committee will, as required

by New York State law, receive, disburse and account for the funds of the bingo

operations.

2. A report will be prepared monthly by the Chairman of the Bingo Committee and be made

available to the membership.

3. The funds of the Bingo Committee are to be legally disbursed and to be reported to the

Board of Directors monthly along with the Finance Officer’s report. No expenditure for

maintenance and repairs may be disbursed without prior approval of the Board of

Directors.

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RESOLUTION #6 – ADOPTED MARCH 31, 2008

Superseding Resolution #4 adopted December 5,1994.

BELL JAR COMMITTEE

1. The Bell Jar Committee will function under the direction of the Board of Directors

(Executive Committee). The Chairman of the Bell Jar Committee is to be appointed by

the Chairman of the Board of Directors after the approval of the majority of the

remaining Board Members. The Chairman of the Bell Jar Committee will, as required by

New York State law, receive, disburse and account for the funds of the Bell Jar

operations.

2. A report will be prepared monthly by the Chairman of the Bell Jar Committee and be

made available to the membership.

3. The funds of the Bell Jar Committee are to be legally disbursed and to be reported to the

Board of Directors monthly along with the Finance Officer’s report. No expenditure for

maintenance and repairs may be disbursed without prior approval of the Board of

Directors.

RESOLUTION #7 – ADOPTED JUNE 1, 2012

Superseding Original By-Laws of this organization.

1. ARTICLE XI MEETINGS , Section 4:

Quorum for official meetings. Thirteen Members shall constitute a quorum. This will

consist of a minimum of three elected Officers of the Post.

ARTICLE XVII– CERTIFICATION OF CONSTITUTION AND BY-LAWS

IN WITNESS WHEREOF, we have made, signed, acknowledged, and filed these

CONSTITUTION AND BY-LAWS as approved by the Nathaniel Adams Blanchard Post #1040

membership.

DATED this 4th day of November, 2013.

Jeremy Martelle

Commander

Philip Giacone

Chairman Board of Directors

Lawrence Justice

Judge Advocate

______________________________________

Steven Riedel

Chairman By-Laws Committee

Michael Kanuk

Adjutant

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