of Joseph Loeffler Post #1006, Brentwood, New York 11717-4677
631-435-9636
Section 1.
The name of this organization shall be the Joseph Loeffler Post #1006 Inc. of the American Legion, Dept. of N.Y. Suffolk County.
Section 2.
The Post Headquarters shall be located at 198 1st Street, Brentwood New York 11717; all notices and documents addressed to the Post shall be sent to these Headquarters.
Section 1.
This post is a civilian organization; membership therein does not effect nor increase liability for military or police service. Rank does not exist in the legion; no member shall be addressed by his military or naval title in any conversation or meeting of the legion.
Section 2.
The American Legion shall be absolutely non-political and non-sectarian and shall not be used for the dissemination of partisan principles, nor for the promotion of candidacy of any person seeking public office or preferment. No candidate for, or incumbent of, a remunerative elective office shall hold office in this Post; provided that members of Post, Department or National shall not be affected.
Section 3.
Each member shall perform his full duty as citizen according to thier own conscience and understanding.
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Section 1.
The objects and purposes of this Post shall be promotion of its principles as set forth in the preamble, and the National, Department of New York, and Suffolk County Committee Constitution and By-Laws of The American Legion..
Section 1.
An individual is eligible for membership in The American Legion only if the individual-(1) has served in the Armed Forces of (A) the United States at any time during- (i) the period of April 6, 1917, through November 11, 1918; or (ii) any time after December 7, 1941; or (B) a government associated with the United States Government during a period or time referred to in subsection (A) of this section and was a citizen of the United States when the individual entered that service; and (2) was honorably discharged or separated from that service or continues to serve honorably during or after that period of time; provided, however, that such service shall have been 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 themselves to military discipline or unqualified service.* (C) The language "or continued honorably after any of said periods" refers to those remaining in service after the date terminal at which time eligibility may be established by all veterans having honorable active service during such periods, regardless of whether they have been discharged or stay on in the service.
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Section 2.
Application for membership shall be made in writting under such regulations as may, from time to time, be prescribed by the Post Executive Committee and approved by the County Committee whenin this Post is located. All applications for membership accompanied by service discharge papers shall be referred to the Membership Committee who shall report their findings to the Executive Committee. Upon approval of eligibility, the application accompanied by the dues shall be presented to the Post at a regular meeting and shall be acted upon at such meeting. A majority vote of the Post shall be necessary for acceptance.
Section 3.
There shall be no form or class of membership except an active membership, and dues shall be paid annually or for life.
Section 4.
No person may be a member at any one time of more than one Post.
Section 5.
Members may be suspended or expelled from this Post of The American Legion only after providing the member due process and a 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 writting by the accusers. No member in good standing shall lose their membership until given a fair trial in such manner and form as The Department of New York By=Laws and 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 their ineligibility to membership either in the post, or in The American Legion.
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.
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Section 7.
No person, who has been expelled from The American Legion by a Post, and such expulsion reported by the Department to the National Headquarters within thirty (30) days, 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, such person may then appeal to the Executive Committee of the Department of the expelling Post for permission to the admitted to membership in another Post, and 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 the membership by a two-thirds vote of the Executive Committee and a majority vote of the Post; provided, however, that they shall make payment of any arrears in their dues from the time of the expulsion or suspension, and also other regular dues which have been payable in the interval between their expulsion or suspension and their reinstatement.
Section 9.
Any member in good standing desiring to transfer from this Post to another Post is entitled to a verificatin from this Post stating their membership therein and duration thereof, and the date to which their dues are paid.
Section 1.
The members present at the annual meeting to be held at the meeting in May, shall elect a Post Commander, Three Vice Commanders, Treasurer, Adjutant, Chaplain, Sgt. At Arms and Historian.
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Section 2.
Such Officers shall take office immediately upon installation and shall serve for one year, provided that such term of office for any officers or officer may be terminated by resignation or removal for causes hereinafter provided.
Section 3.
If a vacancy occurs in the office of the Commander, an emergency meeting shall be called by the Executive Committee and they shall appoint one of the three Vice Commanders as acting Commander until the next regular Post meeting when nominations will be in order. Nominations shall be limited to the three Vice Commanders: elections shall be held at the regular meeting following nominations and decided by a majority vote of the members present.
Section 4.
The absence of any elected officer from more than three consecutive Post meeting a year for any cause other than illness, death in family or leave of absence granted by a vote of the membership at a regular Post meeting, shall be an automatic cause for a vacancy to occur.
Section 5.
Impeachment proceedings shall be followed as outlined by the Department of the State of New York.
Section 6.
All newly elected Post Officers, Officers of the Board of Directors, appointed officers and officers elected to fill a vacancy will produce their DD214 or Honorable Discharge, providing said discharge contains all required service information necessary to verify eligibility as stated in Article IV, Section 1 of the Post Constitution, to the Adjutant within 10 days of their election or appointment, so that the adjutant can certify same.
Section 6A.
No member shall hold the position of Board of Director until such member has held a Post Officer position for a minimum of one full term.
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Section 7.
Candidates for Post elected officers shall be nominated at the February and March meetings. Elections will be held at the April meeting, with the installation of Officers in May, and in between the election in April and the installation in May, each outgoing Officer shall provide training and a turnover to the duly elected Officer.
Section 1.
The revenue of this Post shall be derived from the payment of dues, and from other sources as are approved by the majority of members present at any regular meeting.
Section 2.
This post shall pay the National and Department dues for all members.
Section 1.
Joseph Loeffler Post #1006 Inc., American Legion recongnizes an Auxiliary organization known as "The American Legion Auxiliary of the Joseph Loeffler Post #1006., 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 and thereafter approved by this Department of The American Legion.
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Section 1.
This Post recognizes the Sons of the American Legion organization known as the Sons of the American Legion Squadron of the Joseph Loeffler Post #1006 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.
Section 1.
This constitution is adopted subject to the constitution of the National organization and the constitution of the Department of New York, and the constitution of the Suffolk County organization.
Section 2.
Any further amendments to the National, Department or County constitution shall automatically cause this constitution to be amended to conform thereto. Such amendments shall be made by the Post.
Section 3.
This constitution may be amended at any regular 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 further provided written notice, including a copy of the proposed amendment shall have been sent to all members in good standing at least ten days in advance of the date when such amendment is to be voted upon.
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Section 4.
Any amendments or changes to this Constitution shall not take affect until first having been approved by the Suffolk County Committee and the Department Executive Committee.
Section 1.
The Government of this post shall be it's members.
Section 2.
The Executive Committee shall consist of duly elected officers, the Board of Directors and active Past Commanders.
Section 3.
Each member in good standing shall have one vote. Only members in good standing shall be eligible to vote at a Post election or be eligible for election to office.
Section 4.
Special elections to fill vacancies shall be held in accordance with Article V, Section 3, of the Constitution.
Section 1.
The Commander shall preside at all meetings of the Post and shall have general supervision over all business sffairs of the Post. They shall be Chief Executive Officer of the Post for one year, and shall make recommendations for the ensuing year.
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Section 1A.
The amount of the Post Commander's expense account shall be $1,000.00 per year, and shall remain in effect for each following Commander, until amended by the Post membership at a regular Post meeting.
Section 2.
The Commander shall be a member of the Board of Directors without power to vote during his term in office.
Section 3.
When the Commander is absent, he shall select a Vice Commander to assume his duties until he returns.
Section 4.
The duties and chairperson-ships of all Vice Commanders shall be assigned by the Commander.
Section 5.
The Adjutant shall have charge of all meeting minutes and all correspondence and records of the Post. The Adjutant shall keep record of all officers at each regular meeting.
Section 6.
The Treasurer shall be charged with the custody of funds in the general fund and the savings account, deposit them in a local bank in the name of the Post and report monthly the true condition of the Post treasury. Treasurer shall co-sign with the Commander for any disbursements for $250.00 or over. Treasurer shall be covered by a bond as provided by Article XIII of the Department By-Laws.
Section 7.
The Chaplain shall perform such divine and non-sectarian services as may be deemed necessary, adhering to such ceremonial rituals as may be recommended by National and Department Headquarters.
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Section 8.
The Sergeant-at-Arms shall preserve order at all times at Post meetings, and shall perform such duties as may be requested by the Commander. And also such duties as may be mentioned in the American Legion manual.
Section 9.
The Historian shall keep a history of the Post events.
Section 10.
The Board of Directors shall consist of Seven members elected annually to serve a three year term, vacancies shall be filled as the need arises; no more than three shall be elected during any given election; nominations for Board of Directors shall open at meeting in August. Elections will be held at meeting in October. Five members shall cosstitue a quorum, and so be it. "RESOLVED" The Board of Directors sall consist of Five members elected annually to serve a three year term, vacancies shall be filled as the need arises;no more than three shall be elected during any given election; nominations for Board of Directors shall open at meeting in August. Elections will be held at meeting in October. Three members shall constitute a quorum, and so be it.
Section 10A.
No member shall hold the position of Board of Director until such member has held a Post Officer position for a minimum of one full term.
Section 10B.
The Board of Directors shall be reponsible for the maintenance, upkeep and care of the building and grounds. They shall be respondsible to the Post for the caretaker or other persons employed on or about the premises.
Section 10C.
Duties of the Board of Directors; to mange and operate the premises in so far as it relates to the use of the main hall and bar. They shall have full authority for the use of the building for an and all affairs except regular meetings of the Post. They shall draw up a set of House Rules and submit them at a regular meeting of the Post for approval and adoption. They shall be solely respondsible for their enforcement. They shall render a report monthly in writting showing profit and loss for the previous month's operation. They shall create one special fund and make one separate bank account and pay all bills incurred by them. They shall turn over to the Post, monthly monies that are in excess of operation expenses. The Board of Directors books shall be audited semi-annually. They shall have the power to order minor repairs and to purchase supplies for the Post to the sum of $1000.00 for any item. Any repairs or supplies exceeding that amount must be authorized by the Post.
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Section 10D.
The Board of Directors shall be reponsible for all expenses incurred on the building of the Joseph Loeffler Post #1006,Inc.
Section 1.
The delegates to the annual Suffolk County Convention shall be elected together with the alternates at a regular meeting at least 10 days prior to the County Convention and shall serve for one year.
Section 2.
The delegates to the annual State Convention shall be determined by the members submitting their names to the Commander to be sent to the County Convention for approval at the meeting in May. Expenses awarded shall be decided upon by the Post membership in its regular or special meetings. Said expenses shall be awarded to only those delegates and alternates who attend at least three Department meetings at the Convention.
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Section 1.
The Post Commander shall appoint such special officers and committees necessary to conduct Post activities or as may be authorized by members in regular or special meetings. Such appointments shall be subject to ratification at a regualr meeting. A post Judge Advocate shall be appointed.
Section 2.
He may remove such appointees. These officers shall act as chairman of their respective committees and shall have the power to appoint members of their committees.
Section 3.
All appointments shall terminate with the close of the Commanders' term of office, unless termination prior to that time by resignation or removal.
Section 4.
The Post Commander shall be Ex Officio member of all committees.
Section 5.
Each committee chairman must present a complete written fiscal report of the activities of his committee, and same to be presented at the meeting proceeding the final meeting wherein the Commander of that year presides.
Section 6.
The Commander will appoint a Three member Screening Committee for all monetary expenditures for the floor. After reviewing all such expenditures, the committee will make it's recommendations known to the Commander; who shall forward such recommendations to the membership for action.
Section 7.
Appointed Officers are subject to verification of eligibility as required by Article V, Section 6 of the Constitution.
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Section 1.
No individual Legionnaire, unless specifically previously authorized by proper body, shall have the right to speak in the name of the American Legion, Department of New York, Suffolk County or his Post. His individual action is full and unhampered, being that of an American Citizen, but shall not represent such actions to be that of the Legion Organization.
Section 2.
This Post shall not act on matters pertaining to territory or people outside the community of Brentwood. If and when the Post becomes active on matters more extensive than that of Post jurisdiction, such Post pronouncement and acivity shall be in accord with the previously determined polices of the state and National Organizations, and shall be referred through the Suffolk County Committee for action.
Section 3.
Failure of any Legionnaire to observe the principles set forth in this article shall be sufficient for investigation and disciplinary action of the Post.
Section 4.
Members may be suspended or expelled from the Legion only upon a proper showing of cause. Charges must be based upon disloyalty, neglect of duty, dishonesty or other conduct unbecoming a member of the American Legion. All charges must be made in writing under oath by the accuser, and no member in good standing shall lose his membership until given a fair trial in such manner and form as the Department Executive Committee shall prescribe.
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Section 1.
Regular meetings of this Post shall be held on the second Friday in each month at 7:30 P.M. Such meetings are for transacting Post business but may be converted for entertainment at the discretion of the Post. "FURTHER RESOLVED" Let it be Regular meetings of this Post shall be held on the second Friday in each month at 7:00 PM. Such meetings are for transacting Post business but may be converted for enterainment at the discretion of the Post.
Section 2.
Special meetings may be called upon written request of ten members or at the discretion of the Commander in an emergency. Notice of special meeting shall be mailed by the adjutant to each member in good standing.
Section 3.
Ten members excluding the Commander constitute a quorum. "FURTHER RESOLVED" Let it be Eight members excluding the Commander constitute a quorum, and so be it.
Section 1.
All monies received from any source, except dues shall be allocated as follows; 10% to Hospital and Welfare fund, all monies over $400.00 in the general fund to be deposited in the building fund.
Section 2.
All proceeds remaining from Post dues after remittance to County shall be deposited in the General Fund.
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Section 1.
The dues of this Post shall be $39.50 a year, until amended by the Post membership at a regular Post meeting when deemed necessary. "FINALLY RESOLVED" The dues of this Post shall be determined/amended by the Post membership at a regular Post meeting as deemed necessary, and so be it.
Section 2.
The dues of this Post shall become due and payable in advance of October 20th of each year.
Section 3.
The Post shall have the power to issue a membership card to accommodate such members as may be temporarily embarrassed or may be permanently incapacitated by reason of ill health.
Section 1.
The order of business and rules of procedures of all meetings shall be prescribed by the American Legion Manual of Ceremonies.
Section 2.
Roberts Rules of Order, Newly Revised, shall apply in all cases not covered by.
Section 1.
All resolutions of County, State, or National scope adopted by this Post shall be forwarded to the County Executive Committee and shall merely embody the opinion of this Post on the subject.
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Section 2.
No resolution shall be presented to the County until it has been submitted to the Post in writing for approval, revision and recommendations.
Section 3.
Any amendments or changes to these By-Laws shall not take affect until first having been approved by the Suffolk County Committee and the Department Executive Committee.
These Constitution and By-Laws of American Legion Post No. 1006 were approved/revised at a regular meeting of the Post Membership on the 13th day of August, 2021.
xRobert Kampel.
ROBERT KAMPEL
POST COMMANDER
Dated 3/8/22
xSharon Hoover
SHARON HOOVER
POST ADJUTANT
Dated 3/8/22
xThomas Wagner
THOMAS WAGNER
POST JUDGE ADVOCATE
Dated 3/8/22
The above Constitution and By-Laws or revisions thereto for American Legion Post No. 1006 are approved.
xThomas Wagner
THOMAS WAGNER
POST JUDGE ADVOCATE
Dated 3/8/22
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