CONSTITUTION of Bicentennial Post
No. 1976, Inc.
The American Legion
Department of Virginia
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 prosperity 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 Bicentennial Post No. 1976, Inc., The American Legion, Department of Virginia.
ARTICLE II – OBJECTIVES AND GOALS
Section 1: The objectives and goals of this Post shall be to promote the principles and policies as set forth in the forgoing 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 non-political and shall not be used for the dissemination of partisan principles or for the promotion of the candidacy of any person seeking public office or preferment. Membership in any of the Post standing committees shall not be affected.
Section 3: Rank does not exist in The American Legion; no member shall be addressed by a military or naval title in any meeting of this Post.
ARTICLE IV – MEMBERSHIP
Section 1: Eligibility for membership in this Post shall be as prescribed by the National Constitution of the American Legion.
Section 2: No eligible person shall be denied membership in this Post because of sex, sexual persuasion, race, color, religion or national origin.
Section 3: Application for membership shall be made IAW National and Department Constitution By Laws.
Section 4: Any member of this Post may be expelled for cause in accordance with provisions outlined in the By-Laws of the Department of Virginia.
Section 5: A member who has been expelled or suspended from this Post for any cause may be reinstated to membership by two-thirds vote of the membership present and voting in a General Membership 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 of this Post, without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, applicant 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 permission is granted.
ARTICLE V – OFFICERS
Section 1: The corporate functions and 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 the elected officers of the Post and the Adjutant/Administrator. The term of office of members of the Executive Committee shall be for one year. The 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, First, Second and Third Vice Commanders, a Finance Officer, a Historian, a Chaplain, a Service Officer and a Sergeant-at-Arms and such other officers as may be deemed necessary by this organization. The Adjutant/Administrator shall be selected by the incoming Commander and approved by the incoming Executive Committee.
Section 3: All officers, except the Adjutant/Administrator, shall be elected annually and they shall hold office until their successors are duly installed or as otherwise provided. Any officer or member of the Executive Committee may be removed for inefficiency by the Executive Committee, a two-thirds vote of said Committee being necessary to effect such removal, as well as 2/3 majority of the membership attending the General Membership meeting.
Section 4: Every member of this Post in good standing shall be eligible to hold office in the Post, except as otherwise provided in Article III, Section 2 hereof.
Section 5: The duties of officers and the members of the Executive Committee shall be those usually appertaining to such officers or positions 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 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 Executive Committee.
Section 3: The Post shall pay to Department 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 the issuance of the charter shall be known as charter members.
ARTICLE VIII – AMERICAN LEGION AUXILIARY
Section 1: This Post recognizes an auxiliary organization to be known as The Auxiliary Unit of Bicentennial Post No. 1976, Inc., 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: The Post recognizes a sub-committee and organization to be known as The Sons of the American Legion, Bicentennial Squadron Post 1976, Inc., The American Legion.
Section 2: Membership in the Sons of The American Legion shall be as prescribed in the National Constitution of the Sons of the American Legion.
ARTICLE X – AMERICAN LEGION RIDERS
Section 1: The Post recognizes a sub-committee and organization to be known as The American Legion Riders, Chapter 1976, Department of Virginia.
Section 2: Membership in the American Legion Riders shall be as prescribed in their Charter and regulations as issued by National Executive Committee of the American Legion IAW Department of Virginia, ALR sub-committee Constitution and By-Laws, and direction of the Internal Affairs Committee.
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 Virginia, 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 provision 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 and voting 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 written notice shall have been given to all members at least ten 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.
This Constitution, having been duly agreed to in open meeting dated 14 February 2012 by two-thirds of the members present, shall become effective at 00:01 (AM) Eastern Standard Time, on the 15th day of February 2012, in the year of our Lord.
s/Roy McCracken s/Mike Strickler
Roy McCracken Mike Strickler
Post Commander Post Adjutant