CONSTITUTION

OF

KENNEDY-LATIMER POST #28, INC.

THE AMERICAN LEGION

DEPARTMENT OF MARYLAND

 

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 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 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 KENNEDY-LATIMER POST NO. 28, The American Legion Incorporated, Department of Maryland, hereinafter referred to as the Post.

 

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 Constitution of both Prince Georges County and the Southern Maryland District, and the national and departmental Constitution 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 nor for the promotion of 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 remunerative office in the Post , provided that members of Post standing committees shall not be affected.

 

Section 3. Rank does not exist in The American Legion; no member shall be addressed by his or her military 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 two-thirds of the membership present in a Post meeting or ten (10) or more members, whichever is more, cast their votes against the acceptance of said application, then such application shall be recorded as rejected. An application for membership may be submitted at any time.

 

Section 4. Any member of this Post may be disciplined for cause by a two-thirds vote of the trial board convened by the members present at the Executive Committee meeting in accordance with the Constitution and By-laws of the American Legion, Department of Maryland and this Post.

 

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, he or she 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 administration affairs of this Post, except as may be other wise provided by the By-laws, shall be under the supervision of an Executive Committee which shall consist of five (5) members, plus one (1) additional member for each additional fifty (50) dues-paying members of the Post over two hundred and fifty (250), all of whom shall be elected annually thereto, the elected officers of the Post and such Past Commanders thereof as shall be members of the Post in good standing thereof as shall be members of the Post in good standing. The additional elected members of the Executive Committee shall serve the term for which they were elected regardless of a drop in the Post membership after their election.

 

Section 2. The officers of this Post shall be a Commander, a First Vice-Commander, a Second-Vice Commander, and Adjutant, a Finance Officer, a Judge Advocate, a Chaplain, a Historian, a Physician, two Sergeants-at-Arms, two Color Bearers, and such other officers as may from time to time, be authorized by the Executive Committee or membership.

 

Section 3. All officers and executive committee members shall be elected annually at the regular Post meeting in June and they shall hold office until their successors are duly installed or as otherwise provided either herein or by the Post By-laws. Any officer or executive committee members may be removed for cause by two-thirds vote of the members present at the Executive Committee meeting.

 

Section 4. Every member of this Post in good standing shall be eligible to hold office in this Post, except as otherwise provided in Section 2, Article III, hereof.

 

Section 5. The duties of officers and the executive committeemen shall be those usually appertaining to such officers or committee members 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 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 the Post. The Post shall also pay to the Prince Georges County and Southern Maryland District those annual dues affixed by the organization.

 

ARTICLE VII ASSOCIATED ORGANIZATIONS

 

Section 1. This Post recognizes an auxiliary organization to be known as, Kennedy-Latimer Post No. 28, The American Legion Auxiliary.

 

Section 2. Membership in the Auxiliary shall be as prescribed by the American Legion Auxiliary.

 

Section 3. This Post recognizes the subordinate organization to be known as, Sons of the American Legion, Squadron 28.

 

Section 4. Membership in the Sons of the American Legion shall be prescribed by the Sons of the American Legion.

 

ARTICLE VIII - AMMENDMENTS

 

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 Maryland, The American Legion. Any amendment to said National Constitution which is in conflict with any provision 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 that the proposed amendment shall have been submitted in writing and read at the preceding regular meeting of said Post, and providing, further, that written notice shall be published in the Post Newsletter 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.