Guardians and Defenders of Freedom
AMVETS Post #77,
A Place Where ALL Veterans Can Call Home
Uniform Post Constitution and By-Laws for the AMVETS
Guardians and Defenders of Freedom
AMVETS Post #77, INC.
Constitution
PREAMBLE
We, the American Veterans who have served or are serving in the Armed Forces of the United States and since World War II, fully realizing our responsibility to our community, to our State, and to our nation, associate ourselves for the following purpose: To uphold and defend the Constitution of the United States; to safeguard the principles of freedom, liberty, and justice for all; to promote the cause of peace and goodwill among nations; to maintain inviolate the freedom of our Country; to preserve the fundamentals of democracy; to perpetuate the friendship and associations of these veterans; and to dedicate ourselves to the cause of mutual assistance, this by the Grace of God.
ARTICLE I - NAME
The name of this organization shall be the Guardians and Defenders of Freedom, AMVETS Post#77 and it shall be hereinafter referred to as the Post.
ARTICLE II - AIMS
The aims and purposes of this organization are as follows:
1) To serve our County in peace as in war; to build and maintain the welfare of the United States of America toward lasting prosperity and peace for all inhabitants.
2) To encourage, in keeping with the policies of our Government, the establishment of a concrete plan to secure permanent international peace and to assist in the maintenance of international peace.
3) To inspire in our membership a sense of responsibility and to develop leadership for the preservation of our American democratic way of life.
4) To help unify divergent groups in the overall interest of American democracy.
5) To train our youth to become purposeful citizens in a democracy with full knowledge of responsibilities as well as the privileges of citizenship.
6) To cooperate with all duly recognized existing veterans organizations in the furtherance of the aims of the veterans who have served or are serving in the Armed Forces of the United States during and since World War II.
7) To insure the orderly return of the veteran to civilian life by protecting the veteran’s rights as an individual while still in uniform.
8) To expedite and assist in the rehabilitation of the veteran by maintenance of employment services, sponsoring educational opportunities, and providing counsel insurance, housing, recreation, personal problems, hospitalization and veterans benefits.
9) To act as a liaison agent between the veteran and the Government.
10) To Provide an organization to encourage fellowship among all American veterans who have served or are serving in the Armed Forces of the United States during and since World War II.
11) To keep the public forever reminded that the veterans of world War II, Korea, Vietnam, and those serving in the Armed Forces of the Unites States thereafter fought or served to preserve peace, liberty, and democracy of their nation.
ARTICLE III – MEMBERSHIP
Section 1. Any person who served or is currently serving in the Armed Forces of the
Section 2. Any American citizen, as an American Citizen, who served in the Armed Forces of an allied nation of the
Section 3. No person who is a member of or who advocates the principles of any organization believing in, or working for the overthrow of the United States Government by force, and no American citizen or permanent resident alien in the United States, one of its territories, possessions or District of Columbia who refuses to uphold and defend the Constitution of the United States, shall be privileged to become or continue to be a member of this organization.
Section 4. All United States Reservist and National Guardsmen who are now serving or have been honorably discharged since
Section 5. There shall be but one form of membership and that shall be active, regular membership.
Section 6. No person shall be a member of more than one Post at any one time. No person expelled by one Post shall be eligible for membership in any other Post without the consent of the expelling Post or the consent of the State Executive Committee after hearing an appeal.
Section 7. The Post shall be the judge of its own membership, subject to the provisions of the Constitution and By-Laws of the National and Department Organizations.
Section 8. Membership shall be on a calendar year basis and shall run from January 1 through December 31.
Section 9. Eligibility for membership and the rights and privileges of members shall be as provided in the Constitution and By-Laws of AMVETS and the terms of membership and requirements for holding office within AMVETS shall not be discriminatory on the basis of race, color, religion, sex or national origin.
ARTICLE IV – OFFICERS
Section 1. Officers of Post #77 shall consist of a Commander, not more than three Vice Commanders, an Adjutant, a Finance Officer, a Provost Marshall, a Judge Advocate, a Public Relations Officer, a Chaplain, a Historian, three trustees (where and when applicable), and such other officers as may be prescribed by the Constitution and By-Laws. Elected officers of Post #77 shall consist of the Commander, not more than three Vice Commanders, an Adjutant, a Finance Officer, a Provost Marshall, and a Judge Advocate.
Section 2. No officer of Post #77 can be an employee of the Post, since such employment could be a conflict of interest.
Section 3. Nominations and elections of officers shall be held annually at the May annual and stated meeting. Nominations shall be made from the floor at the regularly stated or general meeting.
ARTICLE V – EXECUTIVE COMMITTEE
The elected and appointed officers of Post #77 as well as the immediate past Post Commander shall constitute the Executive Committee which will be charged with the administrative affairs and property of the Post. The Executive Committee shall formulate the policy of the organization for approval by the members.
Section 1. A) Any member in good standing of Post #77 may file charges against an officer that same post. Said charges must be notarized and submitted in writing to the Post Executive Committee.
B) Charges may be filed on an officer or a post for any one or more of the following reasons:
1. Failure to comply with any obligation imposed on members under the constitution and by-laws;
2. Any violation of law that reflects unfavorably on the name of AMVETS Post #77;
3. Any other conduct unbecoming an AMVET;
4. Ineligibility for membership at time of acceptance into membership; or
5. Procurement of membership by fraud or deception
C) Upon receipt of said charges, the Post Commander shall, within five (5) days, send
a copy thereof by certified mail to the officer complained about, together with notice fixing a date, place, and time of a hearing to be held not less than thirty (30) days after said date of mailing.
Section 2. Said charges shall be heard by the Post Executive Committee, at which hearing, the officer complained about shall have the right to be represented by counsel and to cross-examine the accuser or accusers and witnesses presented against the officer. No officer against whom charges have been preferred or who has preferred charges on another officer, shall sit in judgment on any panel hearing or deciding the matter.
Section 3. The Post Judge Advocate shall prosecute the charges and the attendance of a court reported shall be permitted.
Section 4. A) The presiding officer of said Executive Committee shall decide all questions as to the relevancy of evidence and the regularity of the proceedings.
B) The presiding officer shall be the Post Commander, unless charges are against said commander, then the First Vice Commander shall preside.
Section 6. If charges are sustained, the officer shall be deemed guilty thereof and the officer presiding at the hearing shall then put forth the question or removing the officer from office.
Section 7. If the officer is removed from office by majority vote of the Post Executive Committee, the officer shall be filled according to provisions of Article VII of AMVETS Post #77’s Constitution and By-laws. Said removed officer may appeal the decision of the post Executive Committee to the State Hearing and Grievance Committee or the Department of Indiana’s State Executive Committee. Said appeal must be submitted in writing to the State Commander or Executive Director no later than fifteen (15) days after the imposition of the penalty.
Section 8. The decision of the appellate body shall be binding and final.
ARTICLE VII – OFFICER VACANCIES
Section 1. In the event of a vacancy in the office of Post Commander, the First Vice Commander shall temporarily succeed to that office. Within 45-days, AMVETS Post #77, at a regularly scheduled general monthly meeting shall nominate and elect a person to complete the unexpired term of the Post Commander.
Section 2. In the event of a vacancy in any other of Post #77 AMVETS post office9s) regardless of the reason for such vacancy, except as set forth in Article VII, Section 1, the Commander shall appoint a post member to fill the vacant office. Such appointment shall be in compliance with all qualifications and restrictions regarding the holding of said office as set forth in any other article of this Post #77 Constitution and By-Laws or standing rules of the post, except the requirement of election. On approval of the Post Executive Committee, the appointee shall assume all duties and responsibilities pertaining to the office as though elected.
Aside from any other requirements imposed by the Department or National Constitution and By-Laws, Post #77 shall:
A) Furnish National and Department Headquarters with a certified list of current Post #77 officers not later than July 15, of each year.
B) Provide a written statement to the National organization that the Post has/has not filed an IRS Form 990 with the Internal Revenue Service for the fiscal year.
C) Furnish National Headquarters with a copy of the Post’s current Constitution and By-Laws or certify on the Change of Officers Form that the copy on file has not been altered, changed or amended.
D) Be fully paid up in all accounts with National Headquarters.
E) Have a minimum of ten (10) members in good standing at all times.
Section 2. Within thirty (30) days of notice to surrender its charter resulting from disciplinary or voluntary action, AMVETS Post #77 will close all bank accounts and deliver to the State Department or national organization all Post records, property, and assets.
ARTICLE IX – SUBORDINATE ORGANIZATIONS
Section 1. A) A subordinate organization of AMVETS Post #77 may be established only by a provision of this Constitution.
B) All subordinate organizations membership qualification must be consistent with the aims and purposes of AMVETS and Post #77.
Section 2. All AMVETS subordinate organizations shall follow the same membership year and pay membership dues in concert with Post #77.
Section 3. All subordinate organizations shall be under the jurisdiction of AMVETS Post #77 whose name it bears.
Section 4. A) A two-thirds (2/3) vote of the Post #77 members present at a stated meeting is required to approve and form a subordinate organization.
B) Post #77 members must be given written notice of such meeting a minimum of fifteen (10) days prior to the proposed formation.
Section 5. No fund raising activities can be sponsored by the subordinate organization without the approval of AMVETS Post #77’s Post Executive Committee.
Section 6. Public fund raising activities or any fund raising activities in excess of $2,500.00 require the prior approval of the Department of Indiana.
Section 1. AMVETS Post #77 recognizes a subordinate organization known as the AMVETS Ladies Auxiliary.
Section 2. A) Membership eligibility in the Ladies Auxiliary is limited to the mothers, wives, and grandmothers, regardless of age, and to daughters, sisters, and granddaughters not less than eighteen (18) years of age.
B) Mothers and widows, regardless of age, and daughters, sisters and granddaughters not less than eighteen (18) years of age of deceased veterans who would have been eligible for membership in AMVETS Post#77, are eligible to join the auxiliary.
C) Female veterans who are also members of AMVETS Post# 77 are eligible to join the auxiliary.
D) Any auxiliary member who qualifies and joins as a member under the criteria in Section 2, (a), (b), or (c), shall be allowed to remain as an auxiliary member so long as she remains a member in good standing.
E) Post #77’s Commander and/or Post Adjutant shall determine membership eligibility of the veteran through whom the auxiliary member has made application.
F) The auxiliary of Post #77 shall submit to the Post’s Finance Officer on a semi annual basis a complete itemized report of the financial standing of the auxiliary.
G) Any female veteran who is not eligible for AMVETS Post #77 shall not be eligible for membership in the Post’s auxiliary.
Section 3. AMVETS Post #77 recognizes a subordinate organization to be known as the Sackettes, a fun and honor organization of the Post’s auxiliary.
Section 4. Membership in the Sackettes shall be limited to members in good standing of Post #77’s auxiliary.
Section 5. The Sackettes of Post #77 shall submit to the Post’s Finance Officer on a semi- annual basis a complete itemized report of the financial standing of the Sackettes.
ARTICLE XI – SAD SACKS
Section 1. AMVETS Post #77 recognizes a subordinate organization known as AMVETS Post #77 Sad Sacks.
Section 2. Membership in Sad Sacks shall be limited to members in good standing of AMVETS and Post #77.
Section 3. The Sad Sacks of Post #77 shall submit to the Post’s Finance Officer on a semi- annual basis a complete itemized report of the financial standing of the Sad Sacks.
ARTICLE I – QUORUM
Section 1. At all regular and special meetings of AMVETS Post #77, at least five (5) Post members shall be present which will constitute a quorum, providing at least one (1) elected officer is present to preside over the meeting.
Section 2. A quorum of Post #77’s Executive Committee shall consist of at least five (5) members of the committee.
ARTICLE II – COMMITTEES
Section 1. The following standing committees shall be appointed by the Post Commander with the approval of the Executive Committee: Membership, Programs, Veteran’s Welfare, Americanism, Finance and Legislative. The Commander of Post #77 shall appoint a Chairman and such members of the Post to each committee as are necessary to accomplish the Post objectives.
Section 2. Temporary committees may be appointed by Post #77 Commander to expedite projects for the good and welfare of Post #77.
ARTICLE III – POST MEETINGS
Section 1. There shall be three (3) types of Post meetings: the regular or stated meeting, special meetings, and the Post’s annual meeting.
Section 2. The Executive Committee shall make a concerted effort to meet at least once a month prior to the regular or stated meeting.
Section 3. Post #77’s annual and stated meeting shall be conducted at a time and place as designated in the standing rules.
Section 4. All meetings and all matters and proceedings not otherwise provided for herein shall be conducted pursuant to Robert’s Rules of Order.
Section 1. Officers of Post #77 shall consist of a Commander, not more than three Vice Commanders, an Adjutant, a Finance Officer, a Provost Marshall, a Judge Advocate, a Public Relations Officer, a Chaplain, a Historian, three trustees (where and when applicable), and such other officers as may be prescribed by the Constitution and By-Laws. Elected officers of Post #77 shall consist of the Commander, not more than three Vice Commanders, an Adjutant, a Finance Officer, a Provost Marshall, and a Judge Advocate.
Section 2. Nominations and elections of officers shall be entertained at Post #77’s annual and stated meeting which will be held in May of each calendar year.
Section 3. AMVETS National Organization and Department of Indiana Headquarters shall be notified of the election of new officers within thirty (30) days, and no later than July 15, after the said elections have been completed.
Section 4. The term of office for newly elected and appointed officers shall be from July 1 to June 30, and they shall be administered their oath of office prior to assuming the duties of their respective offices.
Section 5. All elected or appointed officers of AMVETS Post #77 are required to attend two (2) consecutive regular or stated membership meetings in a three (3) month period unless excused in advance by the Post Commander or in case of an emergency. Any officer that fails to meet this requirement will be removed from office without further action, notification or hearing. The vacated position shall be filled within the guidelines described in the Post Constitution Article II, Section 2.
ARTICLE V – FINANCE
Section 1. The total annual dues of AMVETS Post #77 shall be set at $25.00 of which $11.00 per member shall be paid to National, $9.00 to the Department of Indiana and Post #77 shall retain $5.00. The balance shall be deposited in the Post’s general funds account.
Section 2. Life Member dues of AMVETS Post #77 shall be set at $150.00 of which $75.00 is remitted to National Headquarters, $37.50 is forwarded to the Department of Indiana and Post #77 shall retain $37.50. The balance shall be deposited in the Post’s general funds account.
Section 3. All fund raising activities must be approved in advance by Post #77’s Executive Committee. If a fund raising activity requires entering into a contract or if anticipated gross revenues are expected to exceed $2,500.00, a copy of the proposed fund raising program must be transmitted through the Department to the National Headquarters for approval.
Section 4. An annual budget shall be prepared by the finance officer and submitted to Post #77’s Executive Committee for approval. Accurate books and records of accounts activities maintained by the finance officer shall be subject to inspection and regulation by the Post Executive Committee at all reasonable times.
Section 5. Post #77’s Finance Officer shall render a report of receipts and disbursements at each regular or stated meeting of the Post. The Finance Officer is also responsible for filing an IRS Form 990 with the District Director of the Internal Revenue on or before the 15th day of the fifth month following the close of the annual accounting period. In the case of AMVETS Post #77, this date would be the May 15th of each year. A statement as to whether a 990 has/has not been filed with the IRS must be given in writing to the Department and National Headquarters. Post #77’s fiscal year ends on December 31 of each year.
ARTICLE VI – RESOLUTIONS
Section 1. All resolutions adopted by Post#77 shall be forwarded to the Department of Indiana Headquarters.
Section 2. A simple majority of members present is required to pass any resolution.
ARTICLE VII – AMENDMENTS
Date Signature of Post Judge Advocate
Date Signature of Post Adjutant
