PREAMBLE
Proud possessors of a priceless heritage, we male descendants of veterans of the Great Wars, associate ourselves together as "Sons of The American Legion" 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 true spirit of Americanism; to preserve the memories of our former members and the associations of our members and our forefathers 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 masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to posterity the principles of justice, freedom and democracy; to consecrate and sanctify our friendship by our devotion to mutual helpfulness; to adopt in letter and spirit all of the great principles for which The American Legion stands; and to assist in carrying on for God and Country.
ARTICLE 1: NAME
The name of this organization shall be The Sons of the American Legion Squadron ("SAL Squadron 435" or "The Squadron"), attached to Post 435, Department of Minnesota.
ARTICLE 2: NATURE AND PURPOSE
Section 1
SAL Squadron 435 is a civilian organization. Membership therein does not affect nor increase liability for military or police service.
Section 2
SAL Squadron 435 shall be non-sectarian and it shall be absolutely nonpolitical. It shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person or group seeking public office or preferment.
Section 3
Each member shall perform his full duty as a citizen according to his own conscience and understanding in accord with the law.
ARTICLE 3: ORGANIZATION
Section 1
SAL Squadron 435 is organized as a subordinate body of the Sons of the American Legion, Detachment of Minnesota, and under the sponsorship and jurisdiction of Minneapolis - Richfield Post 435 ("Post 435"), Department of Minnesota, The American Legion.
Section 2
SAL Squadron 435 shall be governed by such written rules and regulations as may be prescribed by the National Executive Committee of The American Legion, by such written rules and regulations as may be prescribed by the Detachment Headquarters, approved by the Department Executive Committee of the American Legion, and by such written rules and regulations as may be prescribed by Post 435, not inconsistent with those prescribed by the National Organization.
Section 3
Except as prescribed in Article 3, Section 2, SAL Squadron 435 shall be governed first by this Constitution and By-laws, and second by the various rules and motions which may be passed, enacted, and properly recorded by it's Executive Committee ("The Committee") or its General Membership ("Membership").
ARTICLE 4: MEMBERSHIP
Section 1
All male descendants, adopted sons and stepsons of members of The American Legion, and such male descendants of veterans who died in service during World War I, or since December 7, 1941, during the delimiting periods set forth in Article IV, Section I., of the National Constitution of The American Legion, or who died subsequent to their honorable discharge from such service, shall be eligible for membership in the Sons of The American Legion.
Section 2
A member whose dues for the current year have not been paid by January first shall be classed as delinquent. If his dues are paid on or before February first, he shall be automatically reinstated. If he is still delinquent after February first, he shall be suspended from all privileges. If he is still under such suspension on June thirtieth of such year, his membership in the Sons of The American Legion shall be forfeited. A member so suspended or whose membership has been so forfeited may be reinstated to active membership in good standing by vote of the Squadron and payment of current dues for the year in which reinstatement occurs. Provided, however, that the Squadrons, Detachments, and the National Organization may waive the provisions hereof, upon payment of dues for the year in which reinstatement occurs, with reference to former members who have been prevented from the payment of dues by reason of active military service.
Section 3
Any Member of SAL Squadron 435 may be disciplined, ejected, suspended, or expelled for unbecoming conduct, refusal to obey the lawful rules of The Squadron or the lawful instructions of The Executive Committee, or any other cause considered by The Executive Committee of The Squadron to be detrimental to the Squadron's welfare. A majority vote of The Executive Committee shall be necessary for expulsion. An expelled member may demand a hearing before a regular or special club meeting, at which a 2/3rds majority vote of Members of the Squadron voting shall be necessary for final expulsion. The Member must be given a minimum of fourteen (14) days advance written notice of The Executive Committee meeting or special club meeting.
ARTICLE 5: MEETINGS
Section 1
General Membership Meetings shall be held monthly as documented in the by-laws. The Commander may, with the approval of the Executive Committee, reschedule any regular notice monthly of meeting the reschedule when a is holiday given at or any other regular substantial Membership conflict meeting. exists, provided The Annual that Meeting one month's and Squadron Elections shall be held in April. Executive Committee meetings shall be held quarterly or when the Chairperson or any three (3) or more Executive Committee Members calls them.
Section 2
Robert's Rules of Order shall govern all meetings.
If Robert's Rules of Order conflicts with The Constitution, then The Constitution shall prevail.
ARTICLE 6: OFFICERS
Section 1
The following Officers shall constitute the Executive Committee; 1) Squadron Commander: 2) First Vice-Commander; 3) Second Vice-Commander; 4) Adjutant; 5) Finance Officer; 6) Sergeant-at-Arms; 7) Historian; 8) Chaplain, 9) the Immediate Past Commander. The voting members of the Executive Committee shall be: 1) Squadron Commander; 2) First Vice-Commander; 3) Second Vice-Commander; 4) Adjutant; 5) Finance Officer; and 6) the Immediate Past Commander.
Section 2
The following Officers of the Squadron shall be elected by nomination and ballot at the April Meeting and shall take office on the first day of the month of July following their election. 1) Squadron Commander: 2) First Vice-Commander; 3) Second Vice-Commander; 4) Adjutant; 5) Finance Officer; 6) Chaplain. Nominations shall be accepted at the General Membership Meeting in the months of February and March preceding the April Meeting, of may be accepted from the floor at the April Meeting. In care of a tie vote of the office, a second ballot shall be cast to break the tie, in which vote only the candidates involved in the tie shall be voted upon. If a second ballot results in a tie, a flip of a coin shall break the tie.
Section 3
The newly elected Squadron Commander shall appoint 1) a Historian, 2) a Sergeant At Arms, as well as any chairs, and committees that may be needed. This appointment shall be ratified by the newly installed Executive Board.
Section 4
The Post 435 SAL Advisor will certify and approve all elected SAL Officers in writing no later than the last day of the month of April.
Section 5
The serving term for all officers will be for one (1) year.
Section 6
Vacancies among all officers shall be filled by appointment by the remaining Voting Members of The Executive Committee and then ratified by the Membership at the next General Membership Meeting office until by the a simple majority present and voting. Such appointee shall hold that term of the of office Members expires.
Section 7
Any member of The Executive Committee may be removed from office by a vote of two-thirds (2/3) of the Members present and voting at any regular meeting of The Squadron, subject to the approval of the Post 435 SAL Advisor.
Section 8
If any member of The Executive Committee shall miss unexcused two (2) consecutive Executive Committee Meetings, the office shall automatically be declared vacant and the vacancy filled according to Article 5, Section 5. Nothing in this section shall prevent the re-appointment of the person whose office was declared vacant.
ARTICLE 7: EXECUTIVE COMMITTEE
Section 1
EXECUTIVE COMMITTEE: The Executive Committee of The Squadron shall have general control of the policies and activities of The Squadron and may approve or disapprove Membership applications of The Squadron already approved by the First Vice-Commander, provided that good cause exists for the disapproval. A Quorum for Executive Committee meetings shall be any three (3) of its six (6) Voting Members.
Section 2
A simple majority vote of any Executive Committee Quorum shall govern the actions of The Executive Committee in all non-financial matters and in matters that do not relate to the conduct of official business with Post 435, The Detachment, or The National Organization.
Section 3
The Finance Officer may reimburse properly receipted reasonable expenses incurred by any Member of the Executive Committee for Squadron Business up to $100.00. The Executive Committee must approve by a simple majority vote all expenditures over $100.00 that are not pre-approved expenditures. The Finance Officer may, at the written direction of the First Vice-Commander, receive and disburse funds for payment of Membership dues to the Detachment of Minnesota without additional Executive Committee Authorization.
Section 4
The Executive Committee shall report at each Regular Squadron Meeting on Executive Committee activities since the last meeting of the Squadron. Such report must include the minutes of any committee meetings.
ARTICLE 8: OFFICERS DUTIES
Section 1
COMMANDER: The Commander presides at all meetings, calls special meetings, and generally presides over and supervises the Squadron's activities, plus meetings with committees. He shall maintain good relations and meet regularly with the Post 435 Advisor who may be assigned to the Squadron.
Section 2
FIRST VICE-COMMANDER: The First Vice-Commander performs the duties of the Chairperson when the Chairperson is absent. He shall direct efforts towards managing matters of recruiting new Members, and managing the enrollment status and Membership records of current Members. He shall authorize the Finance Officer to receive and disburse membership payment funds as appropriate. At each General Membership Meeting, the First-Vice Commander shall give a simple report stating:
- The number of Paid and Active Members in The Squadron.
- The number of New Members who have joined The Squadron.
- Any problems or issues involving Membership processing with The Detachment.
Section 3
SECOND VICE-COMMANDER: The Second Vice-Commander is primarily responsible for patriotic observances and activities, planning and developing Squadron recreational activities, maintaining good relations with Post 435, and for the coordination and oversight of fund raising events as may be authorized by The Executive Committee.
Section 4
ADJUTANT: The Adjutant shall be the official correspondent of the Squadron. He shall keep the minutes of the Squadron and of The Executive Committee. All written records, logbooks, ledgers, reports, and all other Squadron Documents are the property of The Squadron and the charge of The Adjutant and such documents must be surrendered to him immediately upon demand. The Adjutant shall file copies of the minutes in the Squadron Office (if there is a physical location) or provide access to them.
Section 5
FINANCE OFFICER: The Finance Officer is responsible for all financial records and transactions of the Squadron according to the format specified by The Executive Committee, shall account for all funds received, expenses paid, and make the necessary financial reports at the monthly meetings. All Squadron financial records are the property of The Squadron and must be made available immediately upon request by The Executive Committee.
Section 6
SERGEANT AT ARMS: The Sergeant-at-Arms shall be charged with the responsibility of preserving order at all Squadron Meetings and he shall be given custody of the Squadron Colors. He shall perform such other duties as are usually incidental to the office, including representing the Squadron at community events and presentations.
Section 7
HISTORIAN: The Historian shall collect from year to year all data of value and interest to the Sons of The American Legion and The American Legion, and shall compile during his term of office a complete history of the year's activities.
Section 8
CHAPLAIN: The Chaplain shall perform such divine and non-sectarian service as may be necessary, adhering to such ceremonial rituals as may be prescribed by the National Membership and Post Activities Committee of The American Legion.
ARTICLE 9: DUES
Section 1
Changes in the annual dues for the Club for the next Membership Year may be made annually at the January Regular Membership Meeting. Such change must pass by a simple majority vote of the Membership present and voting. Membership Dues may not increase by more than $5.00 in any given year over and above any increase mandated by The Detachment or The National Organization.
ARTICLE 10: RULES AND MOTIONS
Section 1
In accordance with Robert's Rules of Order, rules and motions may be offered by either The Board or by the General Membership. Those Rules and Motions that, if passed, remain in force and effect for a given period of time shall be referred to as " The By-Laws of Squadron 435" ("The By-Laws"). The updating and maintenance of The By-Laws are the responsibility of the Adjutant, who will maintain an organized book of all By-Laws passed by The Board and/or The Membership. All Members are obligated to obey and abide by The Standing Rules in all matters of Squadron Business. In the event of a conflict between The By-Laws and The Constitution, The Constitution shall prevail.
Section 2
In order to maintain the financial stability of The Squadron and to ensure that all of it's financial obligations are met. The Executive Committee shall have the responsibility and the authority to either confirm or to veto any motion from the General Membership that would or may require The Squadron to disburse more than $200.00. Such confirmation or veto must be made within three (3) business days of the motion and such vote must be made according to Article 7, Section 3 of The Constitution. The General Membership may override a vote of The Executive Committee not to spend by a 2/3rds vote of Members present and voting at any General Membership Meeting, providing The Squadron will still have adequate cash reserves as per Article 11, Section 8.
Section 3
The Commander, First Vice-Commander, Adjutant, Finance Officer, Post 435 Finance Officer, and the Post 435 Manager shall be authorized possession and use of a key to the Post 435 SAL Squadron Office. The Commander, The First Vice-Commander, and the Finance Officer shall keep all Membership, and financial instruments and records under further lock and key within the SAL Squadron Office (if a physical location is available). It shall be the responsibility of the Adjutant to ensure that security is kept and all keys are accounted for and in order. Any Officer who resigns or is removed from office must immediately surrender to The Adjutant all keys in his possession.
ARTICLE 11: SQUADRON FUNDS AND FUND RAISING
Section 1
The Fiscal Year of The Squadron shall run from July 1st to June 30th
Section 2
The Squadron Finance Officer shall maintain a separate accounting of Squadron Funds raised by 1) Membership Dues and Fees; and; 2) Fundraising Activities.
Section 3
All Squadron Funds will be managed through the Squadron 435 Expense Order System. Any Squadron member with a valid expense can submit an expense form to the Squadron Finance Officer. The Squadron Finance Officer will complete and submit properly signed and completed Expense Orders to Squadron 435 Adjutant, and the Finance Officer will ensure that the Squadron's General Ledger is properly updated to record any and all Expense Order transactions. The Commander, the First Vice-Commander, and the Finance Officer shall be the only authorized Squadron signatories for Squadron checks. All checks will have two authorized signatures. All Squadron cash shall be deposited in the Squadron 435 account according to established Squadron 435 procedures.
Section 4
Members of SAL Squadron 435 may run fundraising events for any legitimate Squadron purpose, provided that they have the authorization of The Executive Committee for any fundraising event, and that the Second Vice-Commander oversees the conduct of the event. Members must submit a simple budget proposal for any proposed fundraising event, including projected costs, income, and net profits. Prior to the authorization or the start of any fundraising activity. The Squadron Executive Committee must approve by majority vote the beneficiary or beneficiaries of the funds raised. The Post 435 Executive Committee and Post 435 Gambling Manager must approve all Squadron-approved fund raising events. Once approved, funds raised form any given event may not be redirected to any other purpose.
Section 5
Each July, the Finance Officer shall prepare a Budget Report for The Executive Committee that forecasts the funds that are or will be available to the Squadron for gifts, grants, and donations to non-profit organizations in its several communities. The Budget Report will cover the current fiscal year. The Finance Officer will prepare the Budget Report with assistance from the Commander, the First Vice-Commander, and the Adjutant. The Budget Report will itemize all forecasted expenses and costs. The Budget Report shall not forecast nor include monies that may be received from Fund Raising Activities as described in Article 11, Sections 2 and 4. The Budget Report shall serve as the financial basis for budgeting and determining gifts and grants for the fiscal year.
Section 6
No firm commitment to disburse Gifts or Grants may be made and no actual disbursement may be made for any Gift or Grant until such time as 1) The Board has authorized the disbursement; and 2) Sufficient cash is on hand to make the disbursement.
Section 7
At all times The Squadron will retain cash on-hand equal to 1/6"^ of its gross forecasted Squadron Membership dues and fees for the current fiscal year, or of the actual dues and fees received for the current fiscal year, whichever is greater. These funds will be retained as an emergency reserve and to ensure the good credit and cash flow of The Squadron. Any vote by The SAL Executive Committee to spend funds from this reserve must be approved by a vote of 2/3rds of the Members present and voting at any SAL General Membership Meeting.
Section 8
In order to receive a Gifts Report gift or grant, all requestors must submit a brief written letter or proposal to The Squadron Executive Committee requesting Gifts or Grants. The request must include what the funds will be used for, the amount requested, and a description of the benefit the Gifts Report Funds will bring to the recipients and/or their constituents. All Gifts and Grants will require a vote of Majority of The Squadron Executive Committee for passage and then they must be approved by a simple Majority vote of Members present and voting at any Squadron General Membership Meeting. The Squadron Commander will accept requests for Gifts or Grants at any time throughout the fiscal year.
ARTICLE 12: AMENDMENTS
Section 1
Amendments to The Constitution may be proposed by resolution of the Executive Committee, setting forth the proposed amendment(s) and directing that they be submitted to the Members at a regular Membership meeting for adoption, or they may be proposed by The General Membership by means of a signed petition of ten (10) Members in good standing. Said petition must be delivered to the Adjutant who shall verify its authenticity and then deliver it to the Squadron Commander for presentation and consideration at the next Squadron General Membership Meeting. Any proposed amendment to The Squadron Constitution, once proposed to the membership for adoption, shall automatically be tabled for one (1) month, or until the next regular Membership Meeting so it may be considered and discussed by The Membership. A vote of 2/3rds of the members present and voting at the first Squadron General Membership Meeting following the proposal of the amendment shall be required for adoption.
Section 2
Notice of any proposed Amendments and the date of the scheduled adoption vote shall be prominently posted at The Post 435 Legion Hall. in the Post 435 Newsletter, and on the Post Family 435 Website.
Section 3
The Original Copy of the Constitution and By-Laws of the Minneapolis Richfield Post 435 Sons of the American Legion Squadron shall be signed by The Squadron Commander and by The Squadron Adjutant when approved by the Members. It shall be kept and preserved by The Squadron Adjutant as proof of its own authenticity. No other copy shall supersede the signed original in its authority and its accuracy. The Board shall make a copy of The Constitution available to any Member who requests one.
It is hereby certified that this Constitution and By-Laws of the Minneapolis Richfield Post 435 Sons of the American Legion Squadron are those adopted at the General Membership Meeting held on October 21, 2020.
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Nils Hudyma Commander, SAL Squad 435 |
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Shawn Davis Adjutant, SAL Squad 435 |
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I hereby certify that this Constitution and By-Laws has been approved and accepted by the Post 435 Executive Committee.
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Adam Seamans Commander, American Legion Post 435 |
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REVISION HISTORY
Initial Adoption Date April 21, 2003
Revised October 21, 2020
Revised Adoption Date November 1, 2020