Constitution of Gerald Pitts Post 473
Barryton, MI
Department of Michigan
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 associations 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 posterity 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 Gerald Pitt Post 473 The American Legion, Department of Michigan.
Article II—Objects
Section 1: The objects and purposes of this Post shall be to promote the principles and policies as set forth in the foregoing 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 nonpolitical 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.
Section 3: Rank does not exist in The American Legion; no member shall be addressed by his military or naval title in any meeting of this Post.
Article IV—Membership
Section 1: Eligibility to membership in this Post shall be as prescribed by the National Constitution of The American Legion.
Section 2: Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Committee.
Section 3: All applications for membership shall be acted upon at the next Post meeting following the making of such application, and shall at such meeting, be accepted, rejected or referred for further investigation and consideration. If a majority of the members cast their vote against the acceptance of said application, then such application shall be recorded as rejected.
Section 4: This Post shall be the judge of its own membership, subject to the restrictions of the National and Department Constitution and By-Laws. Any member of this Post may be expelled for cause by a two-thirds vote of the Executive Committee after charges are preferred under oath in writing, and a fair trial had upon the same. This Post shall refer to and comply with the Rules of Procedure for the Trial of Post Members and/or Post Officers as approved by the Michigan Department Executive Committee.
Section 5: A member who has been expelled or suspended from this Post for any cause may be reinstated to membership by a two-thirds vote of the membership present in a Post 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 in this Post, without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, 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 such permission is granted.
Article V—Officers
Section 1: The 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 three (3) members at large in addition to the officers of the Post. The term of office of members of the Executive Committee shall be for one year. This Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.
Section 2: The officers of this Post shall be; a Commander, a First Vice-Commander, a Second Vice- Commander, an Adjutant, a Finance Officer, a Post Historian, a Post Chaplain, Post Service Officer, Post Judge Advocate and a Sergeant-at-Arms, and such other officers as may be deemed necessary by this organization, who may be nominated from the floor at the meeting preceding the annual election.
Section 3: All officers and executive committeemen shall be elected annually, and they shall hold office until their successors are duly installed or as otherwise provided. Any officer or executive committeeman may be removed for inefficiency by the Executive Committee, a two-thirds vote of said committee being necessary to effect such removal.
Section 4: Every member of this Post in good standing shall be eligible to hold office in this Post.
Section 5: The duties of officers and the executive committee shall be those usually appertaining to such officers or committee and as further provided in the By-Laws.
Section 6: This Post shall hold the annual election of Post Officers not less 30 (thirty) days nor more than 120 (one hundred twenty) days prior to the annual Department Convention. The newly elected or appointed Post Officers shall be installed not later than 45 (forty-five) days after the close of the annual Department Convention, and all Post Officers shall have paid their dues for the year of their term of office by the time of their installation.
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 Post 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 Post.
Section 3: The Post shall pay to Departmental headquarters the National and Departmental annual membership dues for every member of this Post.
Section 4: The Post shall pay to the District such annual per capita dues as may be properly assessed.
Article VII—Charter Members
Section 1: Members who joined this Post prior to November 11, 1919 or members who joined this Post prior to the issuance of 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 Gerald Pitt Post 473, The American Legion.
Section 2: Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.
Article IX—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 Michigan, 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 provisions 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 such regular meeting, providing the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post, and providing, further, written notice shall have been given or mailed or e-mailed to the last known address of all members at least Thirty (30) 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.
By-Laws of Gerald Pitts Post 473,
Barryton, MI
Department of Michigan
Article I
Section 1: The Post existing under these By-Laws is to be known as Gerald Pitt Post 473, The American Legion, Department of Michigan.
Section 2: The objects of this Post are as set forth in the Constitution.
Section 3: A copy of the Post Constitution and By-Laws shall be available to all members of the Post at the Post and on the Post website. The Post Constitution and By-Laws may be provided to members on other formats, if available at the members request and cost.
Article II—Management
Section 1: The government and management of the Post shall be entrusted to an executive committee.
Section 2: The Executive Committee shall consist of three (3) members-at-large in addition to the officers of the Post, thirteen (13) total and together with such other officers of this Post shall be elected annually at the June meeting and take office at the meeting next following that of the election. All elections of officers and executive committeemen shall be by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates.
Section 3: All vacancies existing in the Executive Committee or in any office of the Post from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the committee, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer who succeeded. A vacancy shall exist when a member or officer is absent from the Post for a continuous period considered detrimental to the interest of the Post by the Executive Committee.
Article III—Post Executive Committee
Section 1: The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post commander within 10 days after the installation of the new officers. Thereafter the Post Executive Committee shall meet at the call of the Commander as often as said Commander may deems necessary. The Commander shall call a meeting of the Post Executive Committee upon the joint written request of three or more members of said Post Executive Committee; Seven (7) members of the committee shall constitute a quorum thereof.
Article IV—Duties of Officers
Section 1: Duties of Post Commander. It shall be the duty of the Post commander to preside at all meetings of the Post and to have general supervision over the business and affairs of the Post, and such officer shall be the chief executive officer of the Post. The Commander shall approve all orders directing the disbursement of funds and shall sign all checks issued by the Post. The Commander shall perform such other duties as directed by the Post.
Section 2: Duties of First Vice-Commander. The first Vice-Commander shall assume and discharge the duties of the office of Commander in the absence or disability of, or when called upon by the Post commander. He/she shall perform such other duties as are customary of the office.
Section 3: Duties of the Second Vice-Commander. The second Vice-Commander shall assume and discharge the duties of the office of Commander in the absence or disability of, or when called upon by the Post Commander and First Vice-Commander. Shall supervise the entertainment activities of the Post and shall perform such other duties as are customary of the office.
Section 4: Duties of Post Adjutant. The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National Organizations may require, perform the duties of membership chair in the Chairs absence, and render reports of membership annually or when called upon at a meeting, and under direction of the Commander handle all correspondence of the Post. The Adjutant shall perform such other duties as may be directed by the Post.
Section 5: Duties of the Finance Officer/Treasurer. The Finance Officer/Treasurer of the Post shall have charge of all finances and see that they are safely deposited in some local bank or banks and shall report once a month to the Executive Committee the condition of the finances of the Post, with such recommendations as may deem expedient or necessary for raising funds with which to carry on the activities of the Post. The Finance Officer/Treasurer shall sign all checks disbursing the monies of the Post, and shall be furnished such surety bonds in such sum as shall be fixed by the Post Executive Committee and shall perform such other duties as may be determined by the Post.
Section 6: Duties of Post Historian. The Post historian shall be charged with the individual records and incidents of the Post and Post members, and shall perform such other duties as may properly pertain to the office as may be determined by the Post or the Executive Committee.
Section 7: Duties of Post Chaplain. The Post chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian service in the event of dedications, funerals, public functions, etc., adhere to such ceremonial rituals as are recommended by the National or Department headquarters from time to time and shall perform such other duties as directed by the Post
Section 8: Duties of Post Service Officer. The Post Service Officer (PSO) is charged with the responsibility of being the initial point of contact regarding Veteran benefits and issues by providing basic information and assistance. It is critically important for the PSO to work with a professional Department Service Officer (DSO) and ensure any paperwork submitted by the Veteran is forwarded to the DSO in a timely manner, to ensure proper benefit service. While familiarity with VA laws and regulations pertaining to filing claims, as well as the policies and guidelines established by the National VA&R Commission are helpful, what is most important of a PSO is to coordinate efforts and assist the Veteran or dependent to work with an accredited American Legion DSO.
Section 9: Duties of the Post Judge Advocate. The Post Judge Advocate shall advise on the interpretation of the National, Department or Post Constitution and By-Laws when called upon. He/she may also serve as the ex officio parliamentarian at all meetings and shall perform such other duties as are customary of the office.
Section 10: Duties of Sergeant-at-Arms. The Sergeant-at-Arms shall be in charge of the colors and setup of the meeting room, preserve order at meetings and shall perform such other duties as are customary of the office and as may, from time to time, be assigned by the Commander or Executive Committee
Article V—Delegates
Section 1: Delegates and alternates to a Department convention shall be elected by ballot by the Post at a regular meeting of the Post to be held at least twenty (20) days prior to the date of such convention.
Article VI—Appointments
Section 1: The Post commander, immediately upon taking office each year, may appoint such officers as may be prescribed and the following Standing Committees: Americanism, Ceremonials, Children and Youth, Economic, Finance, Foreign Relations, Graves Registration and Memorial, House and Entertainment, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, National Security, Sons of The American Legion and Visiting or VAVS. Such standing committees shall consist of such members, and the chair thereof, as shall be designated by the Post commander.
Section 2: Membership Committee. The 1st Vice Commander shall chair the membership committee and together with the Post Adjutant shall have charge over all matters pertaining to membership including procuring new members.
Section 3: Building Committee. The Building Committee shall have charge of all matters pertaining to the care and upkeep of the Post building.
Section 4: Entertainment committee. The Second Vice Commander is in charge of the Post entertainment and social activities.
Article VII—Resolutions
Section 1: 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 and copy of same shall be forwarded to the Department headquarters for its approval before any publicity is given or action other than mere passage by the Post is taken.
Article VIII—Meetings
Section 1: The regular meetings of the Post membership and Executive Committee shall coincide and shall be held at a place and time established in the Post Standing Rules, at which may be transacted such business as may properly be brought up for action at which time such meetings may be converted into entertainment meetings as may be deemed advisable by the officers of the Post.
Section 2: The Post commander or a majority of the Executive Committee shall have power to call a special meeting of the Post at any time
Section 3: Upon the written request of ten (10) Post members, the Executive Committee shall call a special meeting of the Post.
Section 4: Seven members present at a meeting shall constitute a quorum.
Section 5: This Post shall conduct, open and close its local meetings as per the national “Officer’s Guide and Manual of Ceremonies” or its succeeding publication.
Article IX—Notices
Section 1: Every member shall furnish the Post adjutant with a mailing/email address and phone number for notices.
Section 2: The Post Adjutant shall cause notice of the annual election to be given at least two (2) weeks prior thereto by mail, e-mail, on the Post website, or posted at the Post.
Article X—Rules of Order
Section 1: All proceedings of this Post shall be conducted under and pursuant to Robert’s Rules of Order, Newly Revised; except, as herein otherwise provided.
Article XI—Limitations of Liabilities
Section 1: The Post shall incur, or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other Post, subdivision, members of The American Legion, or other individuals, corporations or organizations.
Article XII—Amendments
Section 1: These By-Laws may be amended at any regular Post meeting by a vote of two-thirds of the members of said Post attending 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 thirty (30) days in advance of the date when such amendment is to be voted upon, notifying said members at the address, email, or phone number given that at such meeting a proposal to amend the By-Laws is to be voted upon.
These amended By-Laws are officially adopted on ____/____/_______
__________________________________________________ Adjutant
Name here
__________________________________________________ Commander
Name here
Rev. June 2025
