Post News and Updates

CONSTITUTION

Of

Bicentennial Post No. 1976, Inc.

The American Legion

Department of Virginia

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 one hundred percent Americanism; to preserve the memories and incidents of our association in all 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; and 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 Constitution of The American Legion and Constitution of the Department of Virginia.

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 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 office, shall hold any elective office or any appointive office in this Post. 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.

Section 4: No military emblem of present or prior rank shall be permitted on the cap or uniform of any member of this Post. The emblem denoting branch of service is authorized to be worn on the cap.

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 gender, sexual orientation, race, color, religion, or national origin.

Section 3: Application for membership shall be made as prescribed by The American Legion.

Section 4: Any member of this Post may be expelled or suspended for cause in accordance with the provisions outlined in the By-Laws of the Department of Virginia.

Section 5: 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, the Adjutant and the Club Manager/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. The Adjutant shall be selected by the incoming Commander and approved by the incoming Executive Committee.

Section 3: All officers, except for the Post Adjutant, shall be elected annually and 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 a two-thirds vote by the Executive Committee.

Section 4: Every member of this Post that is 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 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, 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 – THE 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 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 the National Executive Committee of the American Legion.

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 conflicts 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 in said 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 on.

HOUSE RULES

Published and Promulgated by the

House Committee

As amended on the 20th day of January 2022.

ARTICLE I
Definitions

Section 1.  Member, as applied to the House Rules, shall mean any Legionnaire, Auxiliary, or Sons of the American Legion squadron of Bicentennial Post 1976 in good standing.  A member in good standing is defined as one who has paid his/her annual dues by 1 January of the applicable year.

Section 2.  Social Quarters include the Club Room and The Tom Weston Memorial Hall.

Section 3.  Meeting Facilities include the Social Quarters and the second floor Conference Room.

Section 4.  Post Home includes all the premises and grounds utilized by Post 1976, including any building(s) thereon.

Section 5.  Management, as applied to the House Rules, shall refer to the Club Manager (when on duty) and bar managers on duty (Manager on Duty).

Section 6.  House Committee is the committee appointed in accordance with the Post Bylaws to oversee the Operation of the Social Quarters and condition of all Post grounds, including the Island.

Section 7.  Minor is any person under the age of 21 in accordance with the Virginia Alcohol Board of Control (ABC) Laws/Regulations.

Section 8.  Guest is anyone who is not a member of Post 1976 or a member in good standing of any other American Legion Post, Auxiliary Unit or Sons of the American Legion Squadron.

Section 9.  Food Service Manager is any person certified in accordance with the requirements of the Fairfax County Health Authority, and who is in possession of a valid Food Handlers Certificate.  Such person shall be responsible for enforcing the Food Service Regulations of Fairfax County.

ARTICLE II

Persons Permitted in the Social Quarters

Section 1.  Except as stated elsewhere in these rules, the following persons shall be admitted:

• Any member of the American Legion possessing his/her current American Legion card and his/or her spouse or significant other.
• If not in possession of your current American Legion card, you must be signed in by a member.
• Any member of the American Legion Auxiliary showing his/her current card and his/her spouse or significant other.
• Any member of the Sons of the American Legion showing his current card and his spouse or significant other.
• All members are required to show his/her current American Legion card during the timeframe of January 1^st to 31^st, and at any point subsequent to those dates.

Section 2.  A member in good standing of Post 1976 shall be allowed to bring guests into the Social Quarters at any time.  All guests will be signed in by their sponsor, in the, “Sign in Log,” at the bar.  The sponsoring member is responsible for determining membership eligibility with respect to these provisions and will encourage his or her guest(s) to join the American Legion or its recognized affiliates.

Members shall be wholly responsible for the conduct of their guests.  The House Committee, as appropriate, will address issues resulting from guests’ misconduct.

All members who enter The American Legion are required to present their Membership Card to the Manager on Duty when requested.

Section 3.  Guests are not permitted to remain in the Social Quarters after the sponsoring member has left, unless another member in good standing signs them in.  Guests are permitted to sign for a winning pull-tab bowl.

Section 4.  No persons under the age of 18 will be permitted in the Social Quarters after 9:00 PM, except on nights of Special Post functions, or as deemed appropriate by the Manager on Duty.  An adult member must accompany all persons under the age of 18 and is responsible for their behavior.  No persons under the age of 18 will be seated at or lounge around the bar.

ARTICLE III

Beverages

Section 1.  All alcoholic (distilled, fermented, or carbonated) beverages brought into the Social Quarters—or kept in lockers—must be labeled with the member’s name and will be brought to the manager on duty for dispensing.  No alcoholic beverages, mixers, or other items sold in the Post Social Quarters may be brought in, except at the discretion of the Club Manager.

Section 2.  No alcoholic beverages will be served to minors, (persons under the age of 21), nor will they carry any alcoholic beverages to any person in the Social Quarters.

Section 3.  Alcoholic beverages purchased or mixed in the Social Quarters may not be carried out of the building.

Section 4.  Alcoholic beverages may be purchased outside the building (no glass bottles) at Special Functions, and must be consumed on the Post Grounds.  The Post must obtain a Special Events license from the ABC to sell alcoholic beverages outside the building.

ARTICLE IV

Dress Code

Section 1.  Members and guests must be neatly and appropriately dressed at all times.  Basically, any clothing deemed inappropriate by management is not permitted.  This would include clothing that is overly suggestive or revealing or in bad taste.  Examples of inappropriate dress are as follows (NOTE: this is not intended to be all-inclusive list):

• Bare chests, bellies, backs or feet
• Swimwear
• Any outerwear with vulgar or offensive slogans
• Oversized tank tops
• Holey cut-offs with insides of pockets showing

All members and guests are expected to dress so as not to offend any other member or guest.

Section 2.  The management reserves the right to specify particular dress for special occasions.

Section 3.  Members and guests are required to clean their shoes/boots to avoid tracking mud and/or seasonal materials (e.g. salt, sand, etc.) into the Social Quarters.

Section 4.  The final decision as to what constitutes proper dress rests with the management.

ARTICLE V

Conduct

Section 1.  No alcoholic beverage will be sold to anyone who, in the estimation of the Manager on Duty, is under the influence of alcohol.  Indications of intoxication shall include but not be limited to: loud or boisterous behavior, aggressive behavior, taunting and/or harassment of patrons or management, and use of profane or personally insulting language.

Section 2.  The Manager on Duty has the right, and is duty bound to refuse service to anyone whose conduct is, in the opinion of the Manager on Duty, detrimental to any person(s), the Post, or The American Legion.  This includes comments directed toward patrons, which may be considered as personal attacks with respect to sex, race, creed, religion, or personal lifestyles.

Section 3.  Proper language should be used at all times.  Loud, profane, vulgar or abusive language, or conduct prejudicial to good order, shall constitute grounds for removal from the Social Quarters.  Members are requested to refrain from loud and boisterous conduct when leaving the Post Home.

Section 4.  The Manager on Duty may order anyone to leave the building who, in his/her judgment, has violated one or more of these rules and/or has engaged in conduct that is detrimental to the Post, or any person.  Any person failing to depart the Post when so directed may be evicted by the Manager on Duty by whatever means he/she deems appropriate including, but not limited to enlisting aid from non-involved members to effect a low-key removal to involvement by the County Police in extreme cases.

Section 5.  Members and guests will not interfere with the duties and direction of the Manager on Duty.  Any complaints about the operation of the Social Quarters or conduct of its employees or members shall be brought to the attention of the Manager on Duty or the House Committee in writing.  At no time will a member be allowed to verbally challenge another member in the Social Quarters.  Any suggestion or criticism concerning the operation of the Social Quarters shall be submitted to the House Committee where it will be given due consideration in writing.

Section 6.  Members or guests not seated at the bar are requested to go to the service area to be served.  This procedure facilitates the checking of membership cards and enhances service.  If empty seats at the bar area are available, there is no need to go to the service area upon entering.

Section 7.  Members and guests on Post sponsored trips are expected to abide by the same rules of conduct as if they were in the Post.  Examples of Post sponsored trips would include sporting events, Atlantic City trips, golf tournaments, etc…

Section 8.  To avoid damage to installed equipment, members or guests are not permitted to operate the room divider, window blinds, heating system, or alarm system unless properly trained in their operation and requested to do so by the Manager on Duty.

Section 9.  Any member or guest who is deemed by the Manager on Duty to have violated any House Rule, must be reported to the Club Manager in writing. The Club Manager will bring the infraction to the attention of the House Committee for possible disciplinary action.  Such member may be suspended from privileges of the Post, by the Manager on Duty for the remainder of the 24-hour operational cycle.  Any further disciplinary action will be addressed under Section 10 of this Article.

Section 10.  Complaints or formal charges must be filed in writing with the House Committee within five (5) days of the event.  Upon receipt of a written complaint, the House Committee will review the complaint and notify the accused in writing within ten (10) days.  The accused will have a maximum of seven (7) more days to prepare his/her response.  If the accused fails to show or respond to the complaint within the allotted timeframe outlined in this section, he/she forfeits the right to appeal a House Committee decision. If the accuser fails to show or respond to the complaint within the allotted timeframe outlined in this section, he/she forfeits the right to appeal a House Committee decision.  The accused and accuser meet separately with the House Committee with any witness(s).  After this time, the House Committee will meet with the accuser and the accused to determine if any, or further disciplinary action is warranted.  After hearing all evidence relating to the matter, the House Committee will take action as deemed necessary to preserve discipline in the Post.

Section 11.  Any member disciplined under Section 10 above, shall have the right to appeal.  The member will appeal to the Executive Committee, who will meet at its earliest convenience to hear the appeal.  If appealed, disciplinary action will begin after the Executive Committee’s decision.  The decision of the Executive Committee is final.

ARTICLE VI

Club Management

Section 1.  The operation of the Post Home shall conform to the provisions of the Virginia Alcohol Board of Control (ABC) Laws/Regulations.

Section 2.  All purchases in the Social Quarters will be on a cash basis only.

Section 3.  Subject to the approval of the Manager on Duty, Post members in good standing may cash a personal check not to exceed $300.00 during any given shift based on availability of cash funds on hand.  A $35.00 service charge will be assessed the member for any returned check.  Any person who has had two (2) returned checks will be denied further check cashing privileges. Any person denied check-cashing privileges can petition the House Committee in writing to request reinstatement of check cashing privileges.  If returned checks are not redeemed within 30 days, Social Facility privileges shall be suspended until such payment has been remitted in cash, to include the applicable service charge(s).

Section 4.  When the Post is sponsoring a special function, the management reserves the right to suspend bar operations in the Social Quarters, however the Post will remain open.

Section 5.   No member, guest, or outside entity shall leave vehicles, boats, trailers, etc. on the Post Property for a period of time exceeding 72 hours.  Towing will be enforced at the owner’s expense.

Special circumstances may dictate a longer period only with the approval of the House Committee and/or special meeting of the Post Officers (minimum of 3) as can be assembled in time to address the need for an extension beyond this “Rule of 72.”

Section 6.   No member or guest shall be allowed to remain in vehicles on Post property on a regular basis during hours when the Post is closed.  The Post property is zoned commercial and should not be used as a residence.

ARTICLE VII

Hours of Operation

Section 1.  The hours of operation of the Social Quarters will be Sunday through Tuesday, 10:00am to 7:00pm, and Wednesday to Saturday from 10:00am to 10pm with the discretion of the Manager on duty and special events.

Section 2.  At the discretion of the Manager on Duty, the closing hour may be extended.

Section 3.  Last call will be 20 minutes prior to closing.  At that time no new games (such as pool, darts, etc.) will be started and games in progress must be completed within the 20-minute time.

ARTICLE VIII

Use of the Pool Table, Dartboards, and other Equipment

Section 1.  The pool table, dartboards, and any other gaming devices in the Post are for entertainment purposes.  Personal gambling in any form is prohibited.

Section 2.  The pool table, gaming devices, and dartboards may be closed at the discretion of the management, or by direction of the House Committee, for special events.  These devices may be closed or off limits for any other event deemed appropriate by the House Committee or Executive Committee.

Section 3.  Do not move the pool table, gaming devices, and dartboards without the prior approval of the House Committee.

Section 4.  Disposition, including the sale, donation, or disposal, of any Post supplies or equipment, including:

• the pool table
• dartboards
• audio-visual equipment
• office equipment and furnishings
• conference room furnishings
• Social Quarters tables, chairs, and bar stools, or kitchen supplies and equipment will require authorization from the House Committee.

Section 5.  The personal computer located in the first floor Meeting Room is available for all members to use.  This personal computer cannot be used for activities such as on-line gambling sites, pornography sites, etc.

ARTICLE IX

Sound Control

Section 1.  Members are requested to respect the rights of other members when playing the sound system, including the juke box.

Section 2.  The Manager on Duty will control the volume for all electronic devices.  The choice of what is to be shown and/or played on all audio/visual equipment will be determined by the majority of patrons on hand and not employees of the Post.

Section 3.  At the discretion of the Manager on Duty, based on his/her evaluation that the majority of the Legion patrons are watching a television event, electronic devices may be turned down or off so as not to interfere with the majority.

ARTICLE X

Kitchen Operations

Section 1.  Applicable Fairfax County Food Service Regulations shall govern food service activities.  Open-toe shoes are prohibited in the kitchen.

Section 2.  Preparation of food in the kitchen must be under the supervision of a Food Service Manager who is certified by the Fairfax County Health Authority.  This manager is responsible to ensure that food-handling personnel are trained in and adhere to sanitary food-handling procedures and proper methods of food protection.

Section 3.  Smoking or consumption of alcoholic beverages in the kitchen is prohibited.

Section 4.  Volunteers using the kitchen are responsible for ensuring that all cooking appliances, counters, utensils, etc., are thoroughly cleaned and stored in their proper place at the end of their use.

Section 5.  Food that is brought into the Post for pick-up by another member will be properly packaged and clearly marked with the members name and stored in a box marked “Member Name.”  This box will be located on the lower shelf of the wire-shelving unit in the walk-in cooler.

ARTICLE XI

Use of Post Home Meeting Facilities

Meetings such as the General Membership meeting will be held in the Club Room and the Tom Weston Memorial Hall.  Committee meetings and other small group gatherings can be held in the second floor Meeting Room.  The second floor Offices are reserved for the use of the individuals assigned as occupants.

ARTICLE XII

Use of Post Social Quarters

Section 1.  You must be a member of American Legion Post 1976 for one (1) year before you are permitted use of the Tom Weston Hall for special events.  Use of Tom Weston Hall for special events will be administered by the Club Manager.

Section 2.  The Post does not permit animals in the Post Building, with the exception of trained and certified guide dogs, hearing dogs, and service dogs. In accordance with Commonwealth of Virginia statute:

• A guide dog assists someone who is completely or partially blind with navigation and other tasks. A guide dog must be in a harness.
• A hearing dog is trained to alert its handler, through touch, to sounds that indicate danger and other sounds to which the handler should respond. A hearing dog must be on a blaze orange leash.
• A service dog is trained to do work or tasks for the benefit of a person with a disability. The work the dog does must be directly related to the person’s disability. The type of work these dogs might do includes retrieving items, alerting the handler to allergens, assisting the handler during a seizure, and interrupting impulsive or destructive behavior. A service dog must be in a backpack, harness, or vest that identifies it as a trained service dog.

ARTICLE XIII

Changes to the House Rules

Section 1.  The House Committee must approve any additions, deletions, and changes to the above House Rules. The approved amended house rules are submitted to the Executive Baord for approval

Section 2.  The above House Rules are approved as amended this 13^th day of March, 2018.  In addition, this document supersedes any and all previous versions of the American Legion Post 1976 House Rules.

_______________________                                       ___________________

Eugene Kimbrell                                                       Bill Timmons

Third Vice Commander (Acting)                              Committee Member (AL)

Chairman, House Committee

_______________________                                       ____________________

Joe Fidd                                                                    Joyce Landry

Committee Member (AL)                                          Committee Member (AL Aux)

_________________________                                   _____________________

Mila Robinson                                                          Mike Trujillo

Committee Member (Riders)                                     Committee Member (SAL)