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CONSTITUTION OF ST. STEPHEN POST NO. 221
OF
THE AMERICAN LEGION - - DEPARTMENT OF MINNESOTA
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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 inoculate 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.
Section 1. The name of this Organization shall be ST. STEPHEN POST NO. 221 OF THE AMERICAN LEGION, DEPARTMENT OF MINNESOTA.
ARTICLE II - OBJECTS.
Section 1. 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 Constitution 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 non-political, and shall not be for the dissemination of partisan principles, nor for the promotion of the Candidacy of any person seeking Public Office or preferment. No candidate for nomination or election to, or no incumbent of, any remunerative elective public office, shall hold any elective office or any appointive remunerative office in this Post of The American Legion, provided that members of Post Standing Committee shall not be affected.
Section 3. Rank does not exist in The American Legion; no member shall be addressed by his Military or Navel 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. All applications for Membership shall be acted upon at the next Post Meeting following the making of such application and shall, at such meeting, be accepted, rejected or referred for further investigation and consideration. If (25%) or more members cast their vote against the acceptance of said application, then such application shall be recorded as rejected. A rejected application shall not again be considered until after the expiration of six months from the date of such rejection.
Section 4. Any member of this Post may be expelled for cause by a two/thirds vote of the Executive Committee after charges are preferred under oath in writing, and a fair trial had upon the same.
Section 5. A member who has been expelled by a Post or suspended by this Post, for any cause, may be re-instated 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 re-instatement occurs.
Section 6. No person who has been expelled by a Post shall be admitted to membership in another Post, without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, he may then appel to the State Executive Committee of the Department, of the expelling Post, for permission to apply for membership in another Post, and shall be ineligible for membership until such permission is granted.
Section 7. Social Members: Any Veteran, not qualified for regular membership in The American Legion, who has honorably served a regular enlistment in the Armed Forces of the United States, can be granted a Social Membership in this Post, and will be issued a Courtesy Card providing that the application is presented to the Executive Committee by a member then in good standing, and said application for Social Membership receives a favorable three-fourths majority vote of all of the active members of the Executive Committee. The Social Member will be limited in his activities strictly as a Social Member, to the extent that said Social Member can not hold a Legion Office, can not vote at an Election of Officers, can not vote on any issues pertaining to Legion Affairs, and said Social Member can be expelled from the Post in the same manner as now applies to the regular Post Members. Qualifications of a Social Member shall not include members of the National Guard, nor members of the Army Reserve, nor members of the Armed Forces for a period of six months followed by a service in the Active Reserves. The Executive Committee shall have the full power to approve or reject an application for Social Membership, and when rejected, by a majority vote, of the Executive Committee, the application for Social Membership shall be deeded to be fully rejected and shall not be voted upon by the members of this Post.
ARTICLE V - OFFICERS.
Section 1. The Administrative Affairs of the 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 Junior Past Commander Member, in addition to the Officers of this Post. The term of Office of Members of the Executive Committee shall be for one year. This Post, by its By-Laws, may provide for such other standing Committees as the business of the organization may require.
Section 2. The Officers of this Post shall be a Commander, a Vice Commander, an Adjutant, a Finance Officer, a Post Historian, a Post Chaplin, Post Service Officer and a Sergeant-at-Arms, and such other Officers as may be deemed necessary by this Organization, who shall be nominated from the floor a the Meeting preceding the Annual Election.
Section 3. All Officers and Executive Committeemen shall be elected annually and they shall hold Office until their successors are duly installed or as otherwise provided. Any Officer or Executive Committeeman may be removed for inefficiency by the Executive Committee, a two/thirds vote of said Committee being necessary to effect such removal.
Section 4. Every member of this Post in good standing shall be eligible to hold office in this Post, except as otherwise provided in Section 2, Article III hereof.
Section 5. The duties of Officers and the Executive Committee shall be those usually appertaining to such Officers or Committeemen and as further provided in the By-Laws.
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 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.
Section 1. Members who joined this Post prior to November 11th, 1919, (or members who joined this Post prior to the issuance of Charter), shall be known as Charter Members.
Section 2. The matter of Charter Members for the Permanent Charter is left to the decision of the Post Members.
ARTICLE VIII - AMERICAN LEGION AUXILLARY.
Section 1. This Post recognizes an Auxilliary Organization to be known as the Auxilliary Unit of St. Stephen Post No. 221 of the American Legion.
Section 2. Membership in the Auxilliary shall be as prescribed by the National Constitution of the American Legion Auxilliary.
ARTICLE IX - 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 Minnesota, 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, provided that the proposed Amendment shall have been submitted in writing and read at the next preceding regular Meeting of said Post, and providing further, that Written Notice shall have been given to all membes at least ten days in advanve 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.
This Post Constitution was unanimously adopted on December 1st, 1959.
IN THE PRESENCE OF
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ST. STEPHEN POST NO. 221 OF THE
AMERICAN LEGION, DEPARTMENT OF
MINNESOTA
BY:____________________________
ALEX HLEBAEN - Commander
BY:____________________________
JOSEPH A. KOZEL - Adjutant
BY:____________________________
JOHN R. FERCHE - Finance Officer
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