Text Box: PREAMBLE to the CONSTITUTION
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
The name of this organization shall be Brownsburg Lincoln Post No. 331, The American Legion, Department of Indiana.
ARTICLE II – OBJECTS
The objects and purposes of this Post shall be to promote the principles and policies as set forth in the foregoing preamble, and the National and Departmental Constitutions of The American Legion.
ARTICLE III – NATURE
Section 1.	This Post is a civilian organization and membership therein does not affect or increase liability for military or police service. 
Section 2. 	This organization shall be absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment. 
Section 3.  	Rank does not exist in The American Legion; no member shall be addressed by his/her military or naval title in any meeting of this Post.
ARTICLE IV – MEMBERSHIP
Section 1.  	Eligibility to membership in this Post shall be as prescribed by the National Constitution of The American Legion.
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.
Section 3. 	The Adjutant or the Commander shall verify all application for membership
Section 4.  	Any member of this Post may be expelled for cause by a two-thirds vote of the Membership present in a Post meeting after charges are preferred under oath in writing, and a fair trial where said member shall have the right to bring forth any witness to speak on their behalf is conducted.
Section 5.  	A member who has been expelled or suspended from this Post for any cause may be reinstated to membership by a two-thirds vote of the membership present in Post meeting, and the payment of current dues for the year in which the reinstatement occurs.
Section 6.  	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 denied by such Post, he/she may then appeal to the state Executive Committee of the Department of the expelling Post for permission to apply for membership in this Post, and shall be ineligible for membership until such permission is granted.
ARTICLE V – OFFICERS
Section 1.  	The administrative affairs of this Post of The American Legion shall, except as may be otherwise provided by the By-Laws, be under the supervision of an Executive Committee, which shall consist of two At Large Members (see section 7.) in addition to the officers of the post and the third (3rd) year Trustee. (See Section 6.) and the immediate Past Commander. The term of office of members of the Executive Committee shall be for one year except as provided in Section 7.  This Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.
Section 2.  	The elected officers of this Post shall be a Commander, a First Vice-Commander, a Second Vice-Commander, a Finance Officer, a Post Historian, a Post Chaplain, Post Service Officer and a Sergeant-at-Arms.

Section 3.  	All officers shall be elected annually and they shall hold office until their successors are duly installed or as otherwise provided. Any officer or executive committee member may be removed for neglect of duty or malfeasance of office upon the recommendation of the Executive Committee and a two-thirds vote of the membership at the second meeting after the recommendation of the Executive Committee. With such action, it shall be required that written notice of such action be presented to the Officer in question and a Special session of the Executive Committee be convened within fourteen (14) days to permit said Officer to appear to contest such action. Said Officer shall have the right to bring forth any witness to speak on their behalf. The Special Executive session, so called, shall finalize such action of removal from office by a two-thirds (2/3) vote and forward said recommendation to the membership. The removal of an Officer from office in this Post shall in no way be prejudicial to the rights of the individual so removed to his rights as a member of the American Legion.

Section 4.  	Every member of this Post, in good standing, shall be eligible to hold office in this Post and shall be entitled to run for any of the officer positions.
Section 5.  	The duties of officers and the executive committee shall be those usually appertaining to such officers or committee and as further provided in the By-Laws.
Section 6.	There shall be three (3) Trustees with the 3rd year trustee as a member of the Executive Committee. They shall be elected by a majority ballot, one (1) each year, to serve for three (3) years. The Trustees may not vote on items of request from the Trustees.

Section 7. 	There shall be two (2) “At Large Members of the Executive Committee” They shall be elected by a majority ballot, one (1) each year to serve for 2 years.

ARTICLE VI – FINANCE
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 Executive Committee.
Section 2.  	The amount of such membership or initiation fees and the amount of such annual Post dues shall be fixed and determined by this Post.
Section 3.  	The Post shall pay to Departmental headquarters the National and Departmental annual membership dues for every member of the Post.
ARTICLE VII – CHARTER MEMBERS
Those whose names are listed on the reverse side of our charter, granted May 1, 1921, are the charter members of the post.
ARTICLE VIII – AMERICAN LEGION AUXILIARY
Section 1.  	This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Brownsburg Lincoln Post No. 331, The American Legion.
Section 2.  	Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.
ARTICLE IX – SONS OF THE AMERICAN LEGION 
Section 1.  	This Post recognizes Sons of the American Legion Squadron 331 and acts as a supervising committee, through the designation of an official sponsor. 
Section 2.  	Membership in the Sons of the American Legion Squadron 331 shall be as prescribed by the National Constitution of the Sons of the American Legion.
ARTICLE X –AMERICAN LEGION RIDERS
Section 1.  	This Post recognizes The American Legion Riders 331 and acts as a supervising committee, through the designation of an official sponsor. 
Section 2.  	Membership in the American Legion Riders 331 shall be as prescribed by the National Constitution of the American Legion Riders.

ARTICLE XI – AMENDMENTS
Section 1.  	This Constitution is adopted subject to the provisions of the National Constitution of the American Legion and of the Department Constitution 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 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 vote of two-thirds of the members of said Post attending such regular meeting, providing the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post, and providing, further, notice shall have been given, in writing, to all members at least ten (10) 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 Constitution is to be voted upon.

The changes, having been proclaimed to the total membership via the Post 331’s newsletter, were approved by a majority of the membership present at the specified regular post meeting for final approval of said changes on April 23, 2012
Text Box: ARTICLE I
Section 1.	The post existing under these By-laws is to be known as Brownsburg Lincoln Post No. 331, The American Legion, Department of Indiana.
Section 2. 	The objects of this post are set forth in the Constitution.
ARTICLE II – MANAGEMENT
Section 1. 	The government and management of the post shall be entrusted to an Executive Committee.
Section 2. 	The Executive Committee, shall consist of two At Large Members and the third (3rd) year Trustee in addition to the elected and appointed officers of the post. Commander appointed officers and the Past Commander shall be non-voting members of the Executive Committee.
Section 3. 	All vacancies existing in the Executive Committee, or in an office of the post, from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the committee, and a person so appointed, shall hold office for the unexpired term of the member of the committee of the officer whom they succeed. A vacancy shall exist when a member or officer is absent from their post for a continuous period considered detrimental to the interest of the post by the Executive Committee.
ARTICLE III – POST EXECUTIVE COMMITTEE
Section 1.	Immediately upon installation, the new Post Commander, in consultation with the previous Commander, shall call a meeting of the old and new Executive Committees. Such meeting shall be convened within ten (10) days following the installation and prior to the June General Membership Meeting.  Said meeting will be for the purpose of effecting the transition of Post records, files, functions, equipment, monies and attending to such other business as may properly come before the Executive Committee.  Thereafter, the post Executive Committee shall meet at the call of the commander but no less than once every three months 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.  In the absence of the commander, the senior vice commander shall preside at the Executive Committee meeting or special meetings, as needed. Six members of the committee shall constitute a quorum. 
Section 2.	The post Executive Committee shall be in charge of and be responsible for the management of the affairs of Post 331; shall hire and set salaries for such employees as may be necessary; shall require adequate bonds from all persons having the custody of post funds; shall insure the insurance limits for the building, property and liability are in keeping with the current value and rates of the current market; shall hear reports of the post committee chairpersons; shall present said reports to the membership at the next regular meeting; shall make a report to the membership as to the affairs and general operation of Post 331 on the first meeting of each month; shall authorize and approve expenditures of fifteen-hundred ($1500) dollars or less; shall review all expenditure requests in excess of fifteen -hundred ($1500) dollars and present authorization for approval to the membership at a regular meeting, for final disposition.  (See Article IV, Section 4 pertaining to the Post monthly bills and finances.).  Employees of Post 331 shall not be eligible to hold an elected office of the post. Any member reporting to a committee or trustee, and receiving money for expenses, shall not be regarded as an employee of Post 331.
Section 3. 	Delegation of these functions to the Executive Committee is in no way intended to usurp the powers of the membership through regular Post meetings.  Rather, this allows the dull, routine, operational affairs of the Post to be resolved without distracting from Post meetings. Committee reports of general interest to members shall be given at Post meetings.
ARTICLE IV – DUTIES OF OFFICERS
Section 1. 	Duties of the Post Commander: 
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 such officer shall be the chief executive officer of the post. The commander shall make an annual report covering the business of the post for the year, and recommendations for the ensuing year, which shall be read at the annual meeting (See Article VIII, Section 1) and a copy thereof immediately forwarded to the department adjutant. The commander shall perform such other duties as directed by the post.
Section 2. 	Duties of the Vice-Commanders: 
The Vice Commanders 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. The first Vice Commander shall be the membership chairman, and the second vice commander shall be in charge of all post entertainment, trips, and functions, including dances.
Section 3. 	Duties of the Post Adjutant: 
The 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 the membership annually or when called upon at a meeting, and, under direction of the commander, handle all correspondence of the post.  The Adjutant shall be appointed by the Commander and serve at the pleasure of the Executive Committee.
Section 4. 	Duties of the Finance Officer: 
The finance officer of the post shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall report once a month, to the post, the condition of the finances of the post, with such recommendations as the finance officer may deem expedient or necessary for raising funds with which to carry on the activities of the post. The finance officer or their delegate, who will be appointed by the commander for a set time, shall sign all checks disbursing the moneys of the post. The finance officer shall furnish such surety bonds in such sum as shall be fixed by the post Executive Committee. The finance officer is responsible for the payment of ongoing monthly bills.
Section 5. 	Duties of the 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 6. 	Duties of the 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 7. 	Duties of the Sergeant-At-Arms: 
The Sergeant-at-Arms shall preserve order at all meetings and serve as the keeper of the Colors. The Sergeant-at-Arms shall validate membership and attendance at all meetings. The Sergeant-at-Arms will act as the official greeter of the Post and be familiar with all American Legion rituals. The Sergeant-at-Arms shall perform such other duties as shall be prescribed by the Post Executive Committee or the Commander.
Section 8. 	Duties of the Service Officer: 
The Service Officer shall be responsible for bringing to the attention of all post members and their dependents, the rights and benefits granted them by law, working with the community leaders in all matters relating to Americanism and government, with the emphasis on schools, hospitals, rehabilitation centers, etc.
Section 9. 	Duties of the Trustees: 
The duties of the trustees shall be to manage and keep in repair any and all property of the post, subject at all times to the instructions, orders and authority of the post. The trustees may authorize and approve expenditures of five hundred ($500) dollars or less for the repair of post property during any given month; all repairs of more than five hundred ($500) dollars must be approved by the Executive Committee subject to Article III, Section 2.
Section 10. 	Duties of the Judge Advocate: 
The Judge Advocate shall advise on the construction and interpretation of the Post Constitution and By- Laws. The Judge Advocate shall act as the parliamentarian at Post meetings, and shall perform such other duties as are usually incident to the office. The Judge Advocate shall be appointed by the Commander and  serve at the pleasure of the Executive Committee.
Section 11, 	Duties of the “At Large members of the executive committee” 
The “At large members of the executive committee” shall act as the official conduit between the general membership and the Executive Committee. It will be their responsibility to bring forward to the Executive Committee any concerns that affect the general membership.


ARTICLE V – DELEGATES
Section 1. 	Delegates and alternates to a department convention shall be approved or elected at the first post meeting held in May each year. Members shall be notified in the call of the meeting of this election. The results of the election or appointments of the delegates and alternates shall be sent immediately to Department Headquarters. The outgoing commander and adjutant and the incoming commander and adjutant shall be chosen as the first four delegates. Additional delegates and alternates shall be elected by ballot. The Department By-laws shall regulate the number of delegates and alternates.
Section 2. 	All delegates to the convention will receive payment for expenses, by the decision of the post.
ARTICLE VI – APPOINTMENTS
Section 1. 	The post commander, immediately upon taking office shall appoint the Adjutant, Judge Advocate, Club Manager, Audit and Policy Committees and may appoint the following standing committees: Canteen, Americanism, Ceremonials, Children and Youth, Economic, Finance, Foreign Relations, Graves Registration and Memorial, House and Entertainment, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, National Security, Sons of The American Legion, American Legion Riders, and Visiting or VAVS.  Such standing committees shall consist of such members, and the chairman thereof, as shall be designated by the post commander, as needed. The Commander may act as a non-voting ex-official member to any committee.
Section 2. 	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.
Section 3. 	Ceremonials Committee 
The principal duty of the Ceremonials Committee is to insure that all new members are properly initiated. The committee must also concern itself with proper presentation of other rituals outlined in the Manual of Ceremonies—burial detail and the wearing of Legion regalia.
Section 4. 	Children and Youth Committee
The Children and Youth Committee shall be charged with aid and service to children of veterans, cooperating with other agencies in the community; laboring for the betterment of child conditions and - in coordinating services and agencies in the community for the above purposes. To act as intermediary for the needy child of a veteran in obtaining the fulfillment of the Legion’s pledge that “no child of a war veteran shall be in need of the necessities of life” and “a square deal for every child”. 
Section 5. 	Economic Committee
The Economic Committee is primarily concerned with local employment programs, Veterans preference, government employment and reemployment rights.
Section 6. 	Finance Committee 
The Finance Committee shall be charged with the administration of the financial policy, preparation of the budget recommendations, and supervision of receiving, disbursing, and accounting of all post funds.
Section 7.	Foreign Relations Committee 
The Foreign Relations Committee has become active as America has recognized its responsibility as a world leader. Maintaining and securing world peace and friendship abroad through community endeavors have become essential as any aspect of treaty law.
Section 8. 	Graves Registration and Memorial Committee 
The duties of this committee involve recording of gravesites and complete information on veteran’s burial in cemeteries assigned to the post. Special assistance can be given the service officer in providing flags, headstones, or proper interment in national cemeteries.
Section 9.	House and Entertainment Committee 
The House and Entertainment Committee shall have charge of promotion of club advantages and arrangement for social activities, committee shall be chaired by the Second Vice Commander and shall be in charge of all post entertainment, trips, and functions, including dances.
Section 10. 	Legislative Committee 
The Legislative Committee needs to have the knowledge of what is going on in Congress - - what we favor or oppose, and should be ready to initiate action in support of our position when requested by the national or department organization.
Section 11. 	Membership Committee 
The Membership Committee shall have charge of all matters pertaining to the membership of the post, including the procuring of new members, reinstatements and eligibility of members.
Section 12.	Public Relations Committee 
The Public Relations 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 service and by local publicity of post programs and activities.
Section 13. 	Veterans Affairs and Rehabilitation Committee 
The Veterans Affairs and Rehabilitation 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.
Section 14. 	Security Committee 
The Security Committee shall work with, and coordinate, Legion efforts with the Local Civil Defense Council on matters pertaining to national, civilian and home defenses. It shall 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. 	Sons of the American Legion Committee 
This committee shall have supervision over the operations of the post’s squadron of the Sons of The American Legion. No member of this committee shall be a member of the Sons of the American Legion.
Section 16,        American Legion Riders Committee
This Committee shall have supervision over the operations of the post’s American Legion Riders. No member of this committee shall be a member of the American Legion Riders.
Section 17.	Veterans Affairs Visiting Committee
This 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 18. 	Canteen Committee
The commander shall appoint a Canteen Committee, to consist of three (3) or more, and one (1) Executive Committee member. This committee shall have the responsibility of operating the area of the post declared the Canteen Area, policing the Canteen Area and also maintaining the conduct of the members and guests while in the Canteen Area. Failure of members or guests to abide by Canteen rules will result in action by the Canteen Committee against the members or guests right to be in the canteen for periods of time of one (1) month to permanent removal of canteen privileges. This committee shall make a written report to the Executive Committee, which in turn shall read same report to the membership at the second regular scheduled meeting of each month. Any said members of this committee may be replaced by two-thirds (2/3) vote of the Executive Committee. The Canteen Committee will make available, by posting, the rules of conduct for the Canteen Area.
Section 19.   Policy Committee  
This committee shall be responsible for reviewing all post policies each year and making changes subject to approval of the Executive Committee.
Section 20. 	Audit Committee
This committee shall be responsible for the audit of all post accounts each year and making recommendations to the Executive Committee for operations. 
Section 21.	The Post Commander may appoint any other committees deemed necessary to successfully carry out the Post programs.
ARTICLE VII – RESOLUTIONS
All resolutions of state or 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 a 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 post shall be held at the Legion Home on dates and times set by the membership, at which time may be transacted such business as may properly be brought up for action; such meetings may be converted into entertainment meetings, as may be deemed advisable by the officers of the post. The last meeting in April shall be considered the Annual Meeting.
Section 2. 	The Post Commander or a majority of the Executive Committee shall have the power to call a special meeting of the post at any time.
Section 3. 	Upon the written request of 25 members, the Executive Committee shall call a special meeting of the post.
Section 4. 	Twelve (12) members, which shall consist of at least four (4) members of the Executive Committee which must include at least two (2) elected officers of the post, shall constitute a quorum.
Section 5. 	A nominating committee, appointed by the commander, shall conduct post elections. Volunteers for office will be accepted until the final meeting in April. The final meeting in April will be dedicated to nominations from the floor as well as Annual Meeting presentations. Nominees for office shall be present to accept or decline the nomination, or shall have forwarded to the nominating committee in written form, the acceptance of running for the nominated office.
Section 6. 	The election shall be held at dates and times set by the committee but no later than the first meeting in May. Installation of the officers shall be held the week following the election. The outgoing commander shall indicate the date of the installation. All arrangements for the installing officer or officers shall be the duty of the outgoing commander and adjutant.
Section 7.	2012 ELECTION. The 2012 election of “At large members of the executive committee” shall provide that the member receiving the highest number of votes shall be the first (1st) year member and the member receiving the second (2nd) highest number of votes shall be the second (2nd) year member. Starting with the 2013 election one “At Large Member of the Executive Committee” shall be elected each year to serve a two (2) year term.
ARTICLE IX – DONATIONS
All donations of Money, Material or Facilities require membership approval and all donations with a value greater than $500 require membership approval at two (2) successive regular meetings
ARTICLE X – NOTICES
Section 1. 	Every member shall furnish the post adjutant with their 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 XI – RULES OF ORDER
All proceedings of this post shall be conducted under and pursuant to Roberts’ Rules of Order, except as herein otherwise provided.
ARTICLE XII – LIMITATIONS OF LIABILITIES
Section 1. 	This post shall incur, or cause to be incurred, no liability nor obligations whatever which shall subject to liability any other post, subdivision, group of persons, members of the American Legion, or other individuals, corporations, or organizations.
Section 2. 	No member, group of members or committee shall subject this post to any liability or obligation whatever without authorization of the post
ARTICLE XIII – AMENDMENTS
These By-laws may be amended at any regular meeting by a vote of two-thirds of the members of said post attending such regular 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 notice shall have been given, in writing, to all members at least ten (10) 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.

The changes, having been proclaimed to the total membership via the Post 331’s newsletter, were approved by a majority of the membership present at the specified regular post meeting for final approval of said changes on April 23, 2012.
CONSTITUTIONBYLAWS