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ARTICLE I
Name
Section
1. The Post existing under these By-Laws is to be known as Droody-Cain Post No. 145, The American Legion of Louisiana.
Section 2.
The objects of the post are set forth in the Consitution.
ARTICLE II
Section 1.
The Government and Management of the Post are entrusted to an Executive Committee of 10 (ten) or more members, to be
known as the "Executive Committee.
Section2.
The Executive Committee shall consist of three (3) members at large in addition to the officers of the Post and shall be elected
annually as set forth under the provisions of Article III of the By-Laws.
Section 3. The Post Executive Committee shall hire such empolyees as may be necessary or delegate hiring authority;
aurthorize and approve all expenditures; require adequate bonds from all persons having custody of Post Funds; hear the reports
of Post Committee Chairman; and have charge of, and be responsible for, the management of affairs of this Post.
ARTICLE III
Nomainations and Elections
Section 1 Before proceeding to an election, nominations shall
be accepted from the floor at the General Membership Meeting prior to the election and at the election meeting. Only Members
of the Post can make nominations or vote at an election. The Post Sergeant at Arms shall verfiy membership by checking
membership cards or Post membership roster and shall require members and guest to sign in prior to the election. No
name shall be placed in the nomination without the consent of the nominee. Any voting member may make nominations from
the floor. Nominations require no second, but a second is complimentary to the candidate. When voting by ballot, one may be
elected without having been nominated, subject to getting the required number of votes at the election. The
elective ballot alone elects. Mistakes made in nominating do not invalidate elections, as you may vote for whom you please,
regardless of nominations.
Nominations from the floor may be closed by two-thirds vote, or the commander may close the nominations
by unanimous (common) consent of the assembly (no one objecting). If for any reason it is desired to reopen nominations
it may be done by the majority vote.
A member may be nominated for more than one office, however a person may not hol;d more than one elected
Office.
Section 2. Written notice will be given to each member of the
Post not less than thirty (30) days before the election. All Elected Post Officers shall be chosen, by a majority vote at
a regular meeting of the Post or at a special meeting of the Post called for said purpose to be held not more than forty-five
(45) days nor less than ten (10) days preceding the Department Convention. When three or more members are running for
one office and one member does not receive a majority vote, a run off will be held between the two members that recieved
the most votes. Voting shall be written secert ballot. Ballots shall be given to identified voting members only. The
voter shall write the name of choice on the ballot. The indenity of the voter must not be indicated in any
way, as a ballot is a secert vote. An unmarked (blank) ballot is just a scrap of paper and is not counted
in elections.
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The commander shall appoint and Election Committee of at least three members that have not
been nominated as an officer. The Election Committee has no authority to make any changes in the election ballot or
mark it in any way. The vote cast for each office must be preserved in such a manner that if the election is questioned the
vote may be verified by a recount. The Election Committee places the voted ballots in a sealed packet, together with its report
(signed by at least a majority of the Election Committee). and delivers the packet, sealed, to the Adjutant. This sealed packet
shall not be opened except by order of the assembly for the purpose verifing the vote or destorying the packet. The
assembly may vote to destory the ballots after the election.
The form of the report of the Elections Committee
for each office to be filled is as follows (Example): " For Commander number of votes cast 30; necessary for election 16;
Brown received 19; Jonas10; Green received 1." After the vote for each office has been read by a member of the
Election Committee (the largest vote for each has been cast must be reported.
Officers shall be inducted into Office no more than forty-five (45) days after the elections.
Officers elected by the Post serve until their successors are chosen and inducted into office.
Section 3. In the event that a vacany exits in the Office
of Post Commander the Post Adjutant shall issuse within five (5) days of the vacancy a written call for a meeting of
the Post Executive Committee, which must be held no earlier than three (3) nor than ten (10) days after issuance of the notice.
The Post Adjutant shall preside at this meeting until the Post Executive Committee Chooses a temporary chairman. Immediately
after his election, the temporary chairman shall as presiding Officer procliam as the next order of business the nominations
and elections to fill the vacancy in the Office of Post Commander. The election of the Post Commander shall be held at a special
meeting of the Post, to be called by the presiding Officer of the Executive Committee. This meeting shall be held no later
than thirty (30) days or less than ten (10) days after writen notifaction is given to all Post members.
ARITCLE IV
Post
Organization
Section 1 The Officers of the Post shall be as follows;
Post Commander, First-Vice Commander, Second-Vice Commander, Post Adjutant, Post Finance Officer, Post Historian, Post Chaplin,
Post Service Officer, Post Sergeant at Arms, Post Judge Advocate, and Three (3) Members at Large to serve as Executive Committee
Members. All Officers shall be elected, except for vacancies that occur after election of Officers, which will be appointedby
the Post Commander. A person may not hold more than one elected Office.
Section 2. The Post shall provide a certified copy of its Constiution
and By-Laws to Department Headquaters and shal;l submitt ti the Department Headquarters a Certified Copy of all Amendments
thereof within thirty (30) days of adoption.
Section 3. In the event the Post Commander is absent from a Post
Metting or an Executive Meeting The First-Vice Commander will act temporarily for him.
Section 4. All Officers may suceed themself an unlimited number of
times.
Section 5. All Officers elected or appointed shall be subject
to removal from Office by two-thirds (2/3) vote of the Executive Committee and radification by two-thirds (2/3) vote of the
members present at the next regular Post meeting. Pending such ratification the removed Officical shall be suspended
from exercising any duties or prerogatives of any official in the American Legion.
Section 6. Any elected or appointed Officerof his Post who is absent
from three (3) consecutive meetings (i.e., Excutive Committee meeting, General Membership meeting and Excutive Committee meeting)
shall forfeit his appointment of said Office, unless the absence is excused by the Post Commander or Post Adjutant after notification
of reason for absence.
ARTICLE V
Duties of Officers
Section 1. 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 affiars
of the Post, and such Officer shall be the Chief Excutive Officer of the Post and Chairman of the Post Executive
Committee. He shall approve all orders directing the disbursement of funds and appoint all necessary committees, subject to
the ratification of the Post Executive Committee. He shall also, perform such other duties as are the usually incident to
the office as outlined in the American Legion Officer's Guide.
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