CONSTITUTION OF
MEMORIAL 39, POST 43, AMERICAN LEGION
TULLAHOMA, TENNESSEE
DEPARTMENT OF TENNESSEE
(Approved 22 October 2024)
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 association in all wars
To inculcate a sense of 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 goodwill 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 AND PURPOSE
1. In memory of the thirty-nine men from Coffee County who died in World War I, the Post existing under this Constitution and these By-Laws is to be known as: Memorial 39, Post 43, The American Legion, Department of Tennessee.
2. The objects and purposes of this Post of The American Legion shall be to promote the principles set forth in the Preamble and policies established in the National and Department Constitutions of The American Legion.
3. A. This Post is a civilian organization and membership therein does not affect nor increase liability for military or police service.
B. This Post shall be absolutely non-political 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.
C. Rank does not exist in The American Legion; no member shall be addressed by their military title in any meeting of this Post or at any District, Department, or National convention.
ARTICLE II
MEMBERSHIP
1. Any person shall be eligible for membership in THE AMERICAN LEGION who was a member of the Army, Navy, Marine Corps, Coast Guard, Air Force, or Space Force of the United States and assigned to federal active duty at some time in accordance with the eligibility dates (Public Law 116-35; April 6, 1917 to November 11, 1918 and December 7, 1941 to a time later determined by the Federal government) consistent with the National Constitution and By-Laws of The American Legion; or who, being a citizen of the United States at the time of their entry therein, served on active duty in the armed forces of any of the governments associated with the United States during either of said eligibility periods; provided, however, that such service shall have been terminated by honorable discharge separation, or continued honorably after either of said periods; provided further, that no person shall be entitled to membership who, being in such service during either of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.
2. Applicants for membership in this Post shall produce and exhibit, if required, evidence of eligibility and application for membership shall be made in writing on forms furnished by this Post, under such regulations as may be, from time to time, prescribed by the National Headquarters of The American Legion and this Post.
3. Any member of the Post may be disciplined by expulsion or suspension by a two-thirds (2/3) vote of the Executive Board after charges have been preferred under oath, in writing and a due process, fair trial had upon the charges by the Executive Board and processed according to Department Constitution Article XI.
4. A member who has been expelled or suspended from this Post for any cause may be reinstated to membership by a two-thirds (2/3) vote of the membership present at a Post meeting at which a quorum is present; provided, however, that such person shall make payment of any arrears in their dues at the time of the expulsion or suspension and also other regular dues which have been payable in the interim period between his expulsion or suspension and his reinstatement.
5. No person who has been expelled by another Post of The American Legion 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, they may then appeal to the 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.
6. There shall no form or class of membership except an active membership, and dues shall be paid annually, for multiple years, or for life, which includes Honorary Life membership. For both memberships, dues shall be paid annually. The Post shall pay all dues for designated Honorary Life members. Paid Up For Life members are excluded from annual dues.
7. No person may be a member at any time of more than one Post of The American Legion.
ARTICLE III
MANAGEMENT
1. The government and management of Memorial 39, Post 43, American Legion. Tullahoma. Tennessee, is entrusted to and vested in the Executive Board composed of 5 members, consisting of the Commander, Adjutant, Post Finance Officer (PFO), and Post Service Officer (PSO), elected as provided for in Article IV herein after, and one at-large member by vote of the membership of the Post for a term of one year, from July 1 to June 30. At meetings of the Executive Board, each member of the Board shall be entitled to one vote and four members of the Board shall constitute a quorum.
2. Every member of the Post in good standing shall be eligible for election to the at-large seat on the Executive Board, except members who are candidates for Commander, Adjutant, Finance Officer, and Post Service Officer, or members who occupy and hold the office of immediate past Commander, who are exofacial members of the Executive Board.
3. All vacancies occurring and existing in the Executive Board from any cause other than the expiration of term of office, shall be filled by a majority vote of the members of the Post at the next regular meeting of the Post, and a person so elected to fill a vacancy on the Executive Board shall hold office for the unexpired term of the member of the Executive Board who he succeeds. Vacancies shall exist when a member of the Executive Board is absent from their post for three consecutive meetings without a valid excuse.
4. Regular meetings of the Executive Board shall be held at the Post home on the fourth Tuesday of each month, or at such times as determined by the Commander and/or a majority of the Executive Board.
5. Special meetings of the Executive Board shall be held at such times and places as determined by the Commander or a majority of the Executive Board.
6. The Executive Board shall have the general management and control of the Post business and affairs and shall exercise all the powers that may be exercised or performed by the Post under the Certificate of Incorporation, the statutes, the Constitution and the By-Laws.
7. The Executive Board shall hire such employees as may be necessary for the efficient and proper operation of the Post and the Post home; shall authorize and approve expenditures of funds as herein provided; shall require adequate fidelity bonds, the premiums of which shall be paid out of Post funds, of all persons having custody of Post funds; and shall generally have charge of and be responsible for the management of the affairs of the Post.
8. The Executive Board is expressly prohibited from authorizing, approving, or expending Post funds in an amount in excess of $1,500.00 per single disbursement and from selling, mortgaging, encumbering, alienating, or disposing of capital equipment or assets having a fair market value in excess of $750.00. When expenditures of Post funds exceeding $1,500.00 or disposition of capital equipment having a fair market value exceeding $750.00 appears to be required, the Executive Board shall determine the need there for, and make recommendations to a general meeting of the membership of the Post, either at a regular or special meeting called for that purpose at which meeting the Post membership shall act upon the recommendation of the Executive Board.
9. The Executive Board is expressly prohibited from selling, mortgaging, encumbering, alienating, or making disposition of real estate of the Post, regardless of the value of said real estate, without prior approval of the majority of the membership as herein provided. When sale, mortgage, encumbrance, alienation, or disposition of real estate owned by the Post appears to be required, feasible, or advantageous to the Post, the Executive Board shall notify the members of the Post in writing as defined in Article III, Section 6 of the By-Laws to this Constitution not less than ten days in advance of the meeting at which the proposed recommendation of the Executive Board pertaining to real estate is to be submitted to the membership. Any action taken on the sale, mortgage, encumbrance, alienation, or disposition of real estate owned by the Post shall be by a majority vote of the membership of the Post present and voting after such written notification and at the regular meeting or special meeting called for that purpose.
ARTICLE IV
ELECTION OF OFFICERS
1. The officers of this corporation and Post of The American Legion shall consist of a Commander, Adjutant, Finance Officer, and Post Service Officer, all of whom shall be nominated by a Nominating Committee elected for that purpose as herein provided or by nomination from the floor and elected by a majority vote of the membership present and voting at the regular annual election of the Post. In general, the regular annual election shall be held at the Post home on the fourth Tuesday of the month prior to Department’s Annual Convention meeting. In rare cases, elections shall be held one month prior (April) in order to allow sufficient time for incoming officers to be certified at the Department level prior to the annual Department convention. This normally occurs during the month of May but may be changed to April by vote of the membership. Should currently serving officers agree to serve another one-year term, they may be elected by acclamation from the membership present at the regular annual election.
2. The Nominating Committee consisting of three members shall be elected upon nominations from the floor at the regular meeting of the Post held on the fourth Tuesday of March unless currently serving officers agree to serve another one-year term. Nominees for election to the Nominating Committee receiving the highest number of votes shall be declared to constitute the Nominating Committee. Each member present and voting for the election of the Nominating Committee shall be entitled to vote for 3 nominees.
3. The Nominating Committee shall post on the bulletin board at the Post home, not later than the Third Tuesday in April, its nominations for the respective offices to be elected, including nominations for the at-large member of the Executive Board, and shall report its said nominations for the respective offices to be elected, including nominations for the at-large member of the Executive Board, to the general regular membership meeting of the Post held on the fourth Tuesday of April , at which meeting, nominations may also be made from the floor. During years when officer certification is required by mid- May, elections shall also be held in April.
4. All candidates for the offices of this Post as provided for in Paragraph l above shall be elected by majority vote. The at-large member from the Post to the Executive Board shall be the candidate receiving the highest number of votes for the office. The results of the election shall be promptly reported to the Department Headquarters.
5. Every member of this Post in good standing shall be eligible to vote and hold office in this Post.
6. Any member of this Post who shall be absent on the date of the annual election of officers and the three members-at-large to the Executive Board, solely by reason of being confined at home or in a hospital on account of illness or injuries or who is unable to go the Post Home to cast their vote, may vote by absentee ballot by delivering or mailing a sealed ballot to the Chairman of the Election Committee. All requests for absentee ballots shall be submitted in writing no later than seven days prior to the election.
7. If no candidate receives a majority vote for any given office of the Post, a special run-off election shall be held to select between the two candidates receiving the highest number of votes for that office, no later than three weeks after the regular election. Officers must be certified at least five days prior to the Department Convention.
ARTICLE V
DUTIES OF OFFICERS
1. The Commander shall preside at all meetings of the Post and of the Executive Board, of which he shall be Chairman. They shall have general supervision over the business affairs and administration of the Post. He shall be the Chief Executive Officer of the Post. He shall approve all orders directing the disbursement of funds, as provided herein, and shall make an annual report and recommendation for the ensuing year which shall be read at the regular meeting in June or July each year. They shall appoint members of standing committees and special committees as may be necessary to carry on the business of this Post. They shall seek the advice and counsel of the Executive Board in naming the personnel of the committees and officers aforesaid. He shall perform such other duties as directed by the Executive Board.
2. First Vice Commander primary duty is membership and retention. They should develop a yearly plan for recruiting and retaining members. Their role is also to execute a plan to conduct the Buddy Checks twice a year. The vice commander should be familiar with the ceremonial protocol for regular meetings and be expected to assume and discharge the duties of the office of the commander in their absence.
3. The Post Adjutant shall serve as the administrative officer for the post and have charge of and keep a full and correct record of the proceedings of all meetings of the Post; keep such records as the District, Department of Tennessee and the national organization may require, render reports of membership at the direction of the Post Commander, and handle all correspondence of the Post. They shall keep the records of the Post, including the list of members, their addresses, and telephone numbers. They shall furnish the Finance Officer with the name of all members of the Post and shall advise him of all transfers and changes affecting a member. The Post Adjutant is the only officer authorized to utilize MyLegion.org to process memberships online, make Post 2000 transfers, update member status, and track member online dues payments unless other members such as the Commander and Finance Officer are authorized in writing to the National Headquarters annually.
4. The Finance Officer shall be subject to the control of the Executive Board and be charged with the collection and custody of all funds of the Post including all dues, and shall keep accounts and report thereon at each regular meeting of the Post. Their accounts shall be audited annually. He shall pay all bills and accounts when audited and approved by the Executive Board.
5. The Post Service Officer shall be trained and ready to assist veterans in need of assistance with Veterans Affairs, veterans in distress, families of veterans in need, widows and orphans of veterans and other relatives as approved by the Commander. They shall manage the Veterans Resource Center at the Post Home should one exist.
ARTICLE VI
AUTHORITY TO EXECUTE LEGAL INSTRUMENTS
The Commander of the Post shall have full power to execute in the name of the Post and deliver all deeds of conveyances, notes, mortgages and legal instruments necessary to put into effect the legal affairs of the Post, whenever he has been so instructed by the Post, and said instruments shall be attested by the Adjutant of the Post. The Commander and Adjutant shall sign all proposed Resolutions submitted from the Post to the Department Resolutions Committee.
ARTICLE VII
AMENDMENTS
This Constitution may be amended at any regular Post meeting by a vote of two-thirds (2/3) of the members of said Post attending such regular meeting; provided, however, that the proposed amendment shall have been first submitted in writing and read at the next proceeding regular meeting of said Post, and provided further that written notice shall have been given to all members at least five days in advance of the date when such amendment is to be read, considered and voted upon, notifying said members that at such meeting, a proposal to amend the Constitution is to be voted upon.
BY-LAWS OF
MEMORIAL 39, POST 43, AMERICAN LEGION
TULLAHOMA, TENNESSEE
DEPARTMENT OF TENNESSEE
ARTICLE I
COMMITTEES
The Commander, immediately upon taking office each year, may appoint members for the standing committees: Americanism, Boys' State, Burial Squad, Child Welfare, Community Service, Employment, Legislative, National Defense, Oratorical Contest, Rehabilitation, Safety, and Subversive Activities.
ARTICLE II
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 of the resolution and a copy of said resolution shall be forwarded to the Department Headquarters for its approval before any publicity is given thereto or action, other than passage by the Post.
ARTICLE Ill
POST MEETINGS
1. Memorial 39, Post 43, American Legion, Tullahoma, Tennessee, shall meet regularly on the Fourth Tuesday of each month at the Post home, except when otherwise designated by the Executive Board
2. The Commander or a majority of the Executive Board may call special meetings of the Post.
3. Upon written request of six members, the Commander or Executive Board shall call a special meeting of the Post.
4. Six members shall constitute a quorum for the transaction of business at any meeting of the Post.
5. In the absence of the Commander and the Adjutant at any meeting, the membership of the Post shall elect a presiding officer.
6. Each member shall furnish the Adjutant an address to which all correspondence, documents, and written notices may be sent and the same shall be held to have been duly sent when mailed to him at the address so furnished or shall be considered duly served upon a member when posted on the Bulletin Board at the Post home or included in the Post Newsletter.
7. Five days previous notice shall be given of all meetings of the Post and previous notice shall be given of all meetings of the Executive Board.
ARTICLE IV
ORDER OF BUSINESS
The regular order of business of this Post shall be:
Salute Colors
Invocation - Opening
Posting of POW/MIA Cover
Pledge of Allegiance
Reading of Preamble
Reading of Minutes of previous meeting
Introduction of guests and new members
Committee Reports
Unfinished business
New business
Invocation - Closing
Salute Colors
Adjourn
ARTICLE V
DUES
1. Annual dues shall be an amount as determined and announced by the Executive Board. This in addition to the amount of the annual dues assessed by the Department of Tennessee and the National Executive Committee, and said annual dues shall be due and payable in advance by October 20 of the year prior to the calendar year. Members become delinquent if dues are not paid by January 1 and suspended (ineligible to vote) if dues are not paid by February 1. Members are dropped from active rolls if dues are not paid by June 30.
2. There shall not be any initiation fee or special dues for Post purposes unless authorized by said Post at a regular meeting and approved by a majority vote of the members present and voting, with a quorum.
3. Any member failing to pay any amount due the Post, including his annual dues by February 1 of any current year, shall be suspended from all privileges in this Post.
ARTICLE VI
DISTRIBUTION OF CONSTITUTION AND BY-LAWS
A copy of the Constitution and By-Laws of Post 43 shall be available for each member of the Post requesting one.
ARTICLE VII
RULES OF ORDER
All proceedings of this Post shall be conducted under and pursuant to Robert's Rules of Order except as herein otherwise provided.
ARTICLE VIII
LIMITATIONS OF LIABILITY
1. This Post shall incur or cause to be incurred no individual liability or obligations whatsoever which shall subject to liability for any other Post. subdivisions, group of members, members of The American Legion, or other individuals’ corporations. or organizations.
2. Neither the Commander, Adjutant, nor any officer or member of the Executive Board, nor any member of this Post, shall be individually liable for any indebtedness incurred by or in the name of the Post, or pursuant to the authority of -48-102-40l to 48-102-405, inclusive, Tennessee Code Annotated. 7
ARTICLE IX
POST ACTIVITIES
1. This Post may operate and conduct social affairs and functions in the Post home or any Post 43-sponsored event which shall be for the benefit of members, their guests and the local community. Such social affairs and functions shall be under the supervision, direction and management of the Executive Board, and as otherwise provided herein.
2. The American Legion family and its programs strive to set a positive image in the community. While the consumption of alcohol is not generally prohibited, being intoxicated is prohibited during any Post 43-sponsored event. Memorial 39, Post 43 of Tullahoma, holds no legal liability of any member who is found guilty in the court of law of being intoxicated in public and/or while operating a motor vehicle. Legion family members and/or program participants failing to conduct themselves accordingly, may face disciplinary action and result in member expulsion and/or the charter can be suspended, canceled, or revoked according to Department Constitution Article XI.
ARTICLE X
AMENDMENTS
These By-Laws may be amended by the same procedure and with the same restrictions as specified in Article VII of the Post 43 Constitution.