Northcutt-Laaker Post No. 292
The American Legion
Department of Indiana, Inc.
Date: May 12, 2011

Article I- Name

Section 1. The name of this corporation shall be "Northcutt-Laaker Post No. 292, The American Legion, Department of Indiana, Inc."

Article II- Purpose

Section 1.   The purpose of this corporation shall be: 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; To assist and provide for disabled and destitute war veterans, their widows and orphans; To rent, lease, purchase, hold, sell and convey such personal and real property as may be used or useful for the promotion of The American Legion.

Article III- Membership

Section 1- Eligibility.   Eligibility to membership in this Post of The American Legion shall be as prescribed by the national constitution of The American Legion.

Section 2- Application.   Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Committee. Members in good standing during the preceding year need not submit written applications.

Section 3- Transfers.   Any member of this Post shall be entitled to a transfer to another Post upon his request; therefore, provided all dues and obligations to his Post are fully paid at the time of such request.

Section 4- Suspension and Expulsion.   Members may be suspended or expelled from the Legion only upon a proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of The American Legion. All charges, notice and trial thereof shall be in accordance with the practice and procedure as prescribed by the National Constitution and By-Laws and the Department of Indiana Constitution and By-Laws.

Article IV- Meetings

Section 1-   The regular meeting of the Post shall be held at the clubroom, at the minimum of once a month on a date and time set by the Post Commander, at which may be transacted such business as may properly be brought up for action: such meetings may be converted into informal meetings, as may be deemed advisable by the officers of the Post.

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-   Seven {7} members shall constitute a quorum.

Article V- Officers and Elections

Section 1-Elective Officers.   The elective officers of this Post will consist of, a Commander, a 1st. Vice Commander, Finance Officer, and four {4} Trustees. All officers are elected for a period of one {1} year, except the Trustees, who shall be elected for a period of two {2} years, no more than two {2} to be elected in any one year. The previous Commander shall be automatically 2nd. Vice Commander.

Section 2- Delegates to Department Convention.   As many Delegates and Alternates to the Department Convention as are allotted to the Post by the Department Headquarters shall be elected by a majority vote of the Post.

Section 3- Nominations.   The Executive Committee shall prescribe the manner and procedure for nomination and election of all elective officers.

Section 4- Election.   Election of all elective officers shall be by ballot on a date and times selected by the Executive Committee. The date for such election shall be so fixed to enable the certification of newly elected officers to Department Headquarters within the time prescribed by it. Notice of said election shall be announced at a regular meeting and posted at the club room at a minimum of two {2} weeks before said election.

Section 5- Appointed Officers.   The Post Commander, immediately upon taking office each year, shall appoint the following officers: Post Adjutant, Post Chaplain, Post Sergeant-At-Arms, Post Service Officer and Post Membership Chairman.
{see Article VI- Officer's Duties}

Section 6- Vacancies.   In event of a vacancy in any appointed office, the Commander shall fill such vacancy by appointment.

Elective Vacancies.   A vacancy shall exist when an elected Officer is unable to fulfill his/her duties and obligations by disability, malfeasance, or by resignation. A vacancy shall exist when a member is derelict in performing his/her duties and/or is absent from this position for a continuous period considered detrimental to the interest of the Post by either the Executive Committee or from the floor during a regular general meeting. Absence through three (3) consecutive meetings may constitute cause for removal. Any vacancy existing on the Executive Committee shall be filled by appointment by the Executive Committee, subject to two-thirds {2/3} vote at next general meeting following vacancy for their approval. An appointed member shall hold office for the unexpired term of vacated office.

Written notification by the Adjutant or Post Commander, or Trustees in absence of Post Commander, to the Officer involved that his/her presence is requested at the next regular meeting shall be a pre-requisite to removal by the above procedure.

Article VI- Officer's Duties

Section 1-   All elective and appointed officers of this Post shall adhere to all prescribed duties as set forth in The American Legion Post Handbook.

Section 2- Elective Officers.

Post Commander.     It shall be the duty of the Post Commander to preside at all Regular and Executive Committee meetings of the Post and to have general supervision over the business and affairs of the Post, and such officer shall be the Chief Executive Officer of the Post. The Commander shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the Post for the year and immediately forward a copy thereof to the Department Adjutant.

1st. Vice Commander.    The 1st. Vice Commander shall assume and discharge the duties of the office of Commander in the absence or disability of, or when called upon by the Post Commander.

2nd. Vice Commander.     The 2nd. Vice Commander shall assume and discharge the duties of the office of Commander in the absence or disability of the Post Commander and the 1st. Vice Commander , or when called upon by the Post Commander.

Post Finance Officer.     The Post Finance Officer shall have charge of all Post finances and all Post income in excess of operational expenses and see that they are safely deposited into The Post's General Fund and shall report once a month to the membership the condition of the finances of the Post, with such recommendations as may deem expedient or necessary for raising funds with which to carry on the activities of the Post. The Post Finance Officer shall sign all checks disbursing the monies of The Post's General Fund.

Post Trustees.     {see Article VII- Executive Committee, Section 3- Duties.}

Section 3- Appointed Officers

Post Adjutant.     The Post Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National Organizations may require, render reports of membership annually or when called upon at a meeting, and under direction of the Post Commander handle all correspondence of the Post.

Post Chaplain.     The Post Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian 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.

Post Sergeant-At-Arms.     The Post Sergeant- At-Arms shall preserve order at meetings and shall perform such other duties as may be from time to time assigned by the Post Executive Committee.

Post Membership Chairman.     The Post Membership Chairman shall assist the Post Adjutant in all matters pertaining to securing annual dues, changing existing member's information and recruiting new Post members.

Post Service Officer.     The Post Service Officer shall be charged with assisting veterans in obtaining Veteran's Rights and Benefits; to record, mark and decorate graves of deceased veterans and to provide American Legion funeral services when requested.

Article VII- Executive Committee

Section 1-   The Executive Committee shall consist of seven {7} members. These members will be the duly elected Commander, four {4} Trustees, the Finance Officer and the Adjutant.

Section 2- Meetings.   The Executive Committee shall meet as often as its business requires or upon call of the Commander. Five {5} members shall constitute a quorum.

Section 3- Duties.   The Executive Committee shall be responsible for the management and affairs of the Post, including the home and club facilities. It is charged with the operation, repair, remodeling, new construction and maintenance of the Post home; hire and discharge of employees engaged in the operation of the home and club; make and enforce rules and regulations for the operation of the club facilities provided therein, and generally supervise and manage the building for the enjoyment of its members and the protection of its creditors. It shall have full control of the Post Home Fund. Any funds in excess of operating expenses of the home and its facilities shall be turned over to the Finance Officer, monthly for inclusion in the Post General Fund. It shall act as the fiscal and purchasing agents of the Post, except in the collection of annual Post dues. It is empowered to borrow money, execute mortgages, purchase real estate and equipment, pay interest charges and retire indebtedness. While in general, the Executive Committee directs the affairs of the Post, its decisions may at any Post meeting be reversed by a two-thirds {2/3} vote of the members present.

Article VIII- Committees

Section 1-   All committees shall be appointed by the Post Commander as the Post Commander deems necessary, and shall be answerable to the Post Commander for proper discharged of their duties.

Article IX- Committee Reports

Section 1-   All committees appointed by the Post Commander will report when its work has been completed, and shall make current reports when requested by the Post or the Post Commander.

Article X- Post Funds

Section 1- Dues.   All dues received from members shall be applied, first, to the payment of Department, National and District per capita dues, and second, the balance shall go into the Post's General Fund.

Section 2- Post.   All income of the Post in excess of operational expenses shall be given to the Finance Officer for deposit into the Post General Fund.

Article XI- Resolutions

Section 1- General Scope.   All resolutions of State or National scope presented to this Post by a member or reported to this Post by a committee shall embody the opinion of this Post and shall not be given publicity until approved by the Department Headquarters.

Section 2- Local Scope.   Resolutions of a local nature, when passed by the Post, shall constitute the official action of the Post on the subject matter thereof and shall be entitled such publicity as the Publicity Committee or the Post may deem proper.

Article XII- Military Funerals

Section 1-   The Post will furnish a military funeral with all personnel and equipment as prescribed by the National Constitution and By-Laws.

Article XIII- By-Laws

Section 1-   Amendments to these By-Laws shall be submitted by the Executive Committee to the membership at a regular meeting for approval by vote of two-thirds {2/3} of the members present. A two {2} weeks notice of this meeting shall be posted at the clubroom before said vote.

Section 2-   The signatures of the Post Commander and the Post Adjutant shall accompany these amendments for approval by the Department Judge Advocate.

Article XIV- Dues

Section 1-   Membership dues shall be set by a majority vote at any regular meeting.

Article XV- Charter Members

Section 1-   Members who joined this Post prior to May 26, 1920 {or members who joined this Post prior to the issuance of charter} shall be known as Charter Members.

Article XVI- American Legion Auxiliary

Section 1-   This Post recognizes an auxiliary organization known as The Auxiliary Unit Of Northcutt-Laaker Post No. 292, The American Legion, Department Of Indiana, Inc.

Section 2-   Membership in The Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.

Article XVII- Sons Of The American Legion

Section 1-   This Post recognizes a program known as The Sons Of The American Legion, Northcutt-Laaker Post No. 292.

Section 2-   Membership in The Sons Of The American Legion shall be as prescribed by the National Constitution of The American Legion.

Article XVIII- Amendments

This constitution is adopted subject to the provisions of the National Constitution Of The American Legion and of the Department Of Indiana, The American Legion. Any amendment to said National Constitution or Department Constitution, which is in conflict with any provisions hereof, shall be regarded as automatically repealed or modifying the provisions of this constitution to the extent of such conflict.

This is an official copy of The By-Laws for Northcutt-Laaker Post No. 292, approved by the membership on May 12, 2011, and filed with the Office of The Department Adjutant. All earlier versions of this document are null and void.