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COMMANDER'S MESSAGE    

   

   

BY - LAWS

Struck-Klandrud Post #336

2021-2022

 

ARTICLE I - NATURE SECTION 1

The Post existing under these By-Laws shall be known as Struck-Klandrud Post 336, the American Legion, Onalaska, Wisconsin, Department of Wisconsin.

 

SECTION 2

 

The objectives of this Post are set forth in the Constitution of the American Legion.

 

SECTION 3

 

Changes made to the National Constitution affecting the By-Laws of Post 336 will automatically supersede these By-Laws. These changes will be incorporated at the next revision of said By-Laws.

 

ARTICLE II - MANAGEMENT/ELECTIONS SECTION 1

The government and management of the Post are entrusted to an Executive Committee.

 

1.  The Executive Committee shall consist of all elected Post Officers, the Post Adjutant, Post Judge Advocate, and the senior members chairpersons of the House and Building Committees.  Elected Officers shall be defined in Article III of the By-Laws.

 

  1. The Executive Committee shall meet monthly to review Post operations.

 

2.  The Post Executive Committee has the sole authority to establish guidelines for any and all public representations promoting Struck-Klandrud Post 336 Onalaska, WI., including but not limited to, social media such as Web pages, Facebook, Twitter accounts and other such social media outlets, newsprint, television, and radio.  The person or persons designated to maintain, create or access any such media is at the discretion of the Executive Committee.

 

SECTION 2

 

The officers of the Post shall be elected annually at a regular scheduled meeting in May, and installed into office at the regular scheduled meeting in June.  All election of Officers shall be by ballot, except the Post Adjutant and Post Judge Advocate.  Officers’ positions for yearly elections are the following:  Commander, First Vice Commander, Second Vice Commander, Third Vice Commander, Post Finance Officer, Post Historian, Post Chaplain, Post Sergeant at Arms, and Post Service Officer, Building Committee chairman and House Committee chairman and selected second member. If no candidate receives a majority of cast votes, a runoff vote between the two candidates receiving the most votes will be conducted. The candidate then receiving the majority shall be declared the winner.

 

  1. The Post Adjutant shall be appointed by the Commander.

 

2.  The Post Judge Advocate shall be appointed by the Commander.

 

3.  Standing Committees shall be appointed as defined by Article V of the Post By-Laws.

 

SECTION 3

 

  1. Nominating The Elections Committee shall consist of the Second Vice-Commander, the Third Vice-Commander, and the Sergeant at Arms.  The Elections Committee shall report to the assembly only all nominations approved by a majority of the Committee and ask for a second from the floor.  Nominations from the floor are in order after the Nominating Elections Committee has reported.

 

  1.  A candidate for office must be a paid member of Post 336 in good standing.

 

  1. If membership dues are not paid by January 1 of each calendar year, said member becomes delinquent.  If dues have not been paid by February 1, the member is suspended.  Reinstatement to the Post may occur upon a vote of the body and payment of dues.  Membership for non- payment continues until June, at which time the member is dropped from the roll by Constitutional mandate and the membership is forfeited.  Any member in good standing may vote in Post 336 elections.  In order to be a member in good standing, he/she must have paid their dues for the year in which the election is taking place.

 

SECTION 4

 

All vacancies existing in any Office of the Post from any cause, other than the expiration of the term, may be filled at the discretion of the Commander.  A vacancy shall exist when an officer and/or a committee member is absent from their post for three consecutive unexcused meetings in a fiscal year

 

ARTICLE III - DUTIES OF OFFICERS SECTION 1

POST COMMANDER:  Shall be the Chief Executive Officer of the Post and shall have general supervision over the business and affairs of the Post.

 

1.  The Post Commander is elected for a term of one year.

2.  The Post Commander shall preside at all meetings of the Post.

 

3.  The Post Commander shall approve all orders directing the disbursement of funds.  In the absence of the Finance Officer, the Post Commander shall have the authority to sign all checks disbursing the funds of the Post.

 

4.  The Post Commander shall make recommendations for the ensuing year, which shall be read at the August regular meeting, and a copy thereof immediately forwarded to the Post Adjutant.

 

5.  Immediately upon becoming Post Commander, the Post Commander shall review and make recommendations to the body to bring the By-Laws up to date.

 

6.  The Post Commander shall designate a successor only when authorized by the body.

 

7.  The Post Commander shall be responsible for the publication of a monthly newsletter, which will be mailed or e-mailed to all Legion members, Auxiliary members, and SAL members.  Newsletters will be composed in the true spirit of the American Legion.

 

A.  The Post Commander shall appoint a Newsletter Editor.

B.  The Post Commander shall, with the Newsletter Editor, review and approve all articles submitted for publication.

 

8.  The Post Commander shall receive a monthly stipend to help defray costs incurred in the performance of his/her duties.  The amount of the this stipend is voted on by the Executive Committee.  The current monthly stipend, voted on and passed on March 11, 2019, January 11, 2021, henceforth will shall be $100.00 $200.00.

 

9.  The Post Commander may request an audit of the Post financial accounts at any time.

 

SECTION 2

 

POST VICE-COMMANDERS

 

FIRST VICE-COMMANDER:  Shall assume and discharge the duties of the Office of the Commander in the absence or disability of the Post Commander, or when otherwise called upon by the Post Commander.

 

1.  The First Vice Commander shall be an additional Officer listed and authorized, including the Post Commander and Finance Officer, on all signature cards and operating licenses.

 

2.  The First Vice Commander shall be the membership chairperson and shall appoint a membership committee.

 

3.  Article VII, Section I, regarding awards.  There are no duties assigned under this article and section.

 

4.  The First Vice Commander will perform other duties as determined by the Post Commander.

 

SECOND VICE-COMMANDER:  Shall assume and discharge the duties of the Office of Commander in the absence or disability of the Post Commander and the First Vice-Commander, or when called upon by the Post Commander.

 

1.  The Second Vice Commander shall be responsible for Americanism, Children and Youth; and activities which include Badger Boys State, Youth Governs the County Day, School Awards, Terry Eggen Memorial Scholarship, and other children and youth including Boys Scouts, and the Venture group.

 

2.  The Second Vice Commander shall be the supervisor of advertising and public relations for the Post.

 

3.  See Article VII, Section 2, regarding awards.

 

4.  The Second Vice Commander will perform other duties as determined by the Post Commander.

 

THIRD VICE-COMMANDER:  Shall be Supervisor of the Sons of the American Legion (SAL) and review the activities, finances, and By-Laws of the SAL Squadron.  In the event a Third Vice-Commander is not elected, these duties will revert to the Second Vice-Commander.

 

1.  The Third Vice Commander is responsible for the quartermaster duties.

 

2.  In the absence of the Sergeant at Arms, the Third Vice Commander shall assume the Sergeant at Arms duties.

 

3.  The Third Vice Commander will perform other duties as determined by the Post Commander.

 

SECTION 3

 

POST ADJUTANT: S hall 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, and; submit all reports as required by Department and National Organizations.

 

1.  The Post Adjutant, under the direction of the Post Commander, will handle all correspondence of the Post.

 

2.  The Post Adjutant shall have and maintain membership rosters in conjunction with the First Vice-Commander and furnish said roster to those designated by the Post Commander.

 

3.  The Post Adjutant will keep all correspondence and records current for a period of two years, and at the termination of said period transfer said records to the Post Historian.

 

4.  The Post Adjutant shall be responsible for Legislative Activities.

 

5.  The Post Adjutant shall perform other duties as determined by the Post Commander.

 

 

SECTION 4

 

POST FINANCE OFFICER:  Shall have charge of Post Finances and shall serve on the Building and House Committees.

 

1.  The Post Finance Officer shall report once per month at the regular meeting the condition of the Post finances, with such recommendations as deemed necessary or expedient.

 

2.  The Post Finance Officer shall sign and disburse checks for the Post, with his/her backup being the Post Commander and the First Vice-Commander.  The Post Finance Officer, in the absence of the bar manager, will handle all accounts, deposits, and disbursed bar funds.

 

3.  The Post Finance Officer shall obtain a surety bond in the amount of $10,000.00 for all Post Officers and paid employees.

 

4.  The Post Finance Officer shall furnish an annual report to include all income and expenditures for the fiscal year at the regular August meeting.

 

5.  The Post Finance Officer shall be the Chairperson of the Finance Committee, as needed, to address Post concerns.

A.  The Finance Committee shall be composed of:  the Post Commander, the First Vice Commander, the Finance Officer, the Adjutant, and two members at-large in good standing as appointed by the Post Commander.

 

B.  The Post Finance Officer shall be responsible for monthly audits of the Post finances.

 

6.  The Post Finance Officer shall notify the Executive committee immediately of any financial shortfalls, discrepancies, or shortages of funds.

 

7.  See Article VI, paragraph 10 for additional duties.

 

8.  The Post Finance Officer shall perform other duties as determined by the Post Commander.

 

9.  The Post Finance Officer shall receive a monthly stipend to help defray costs incurred in the performance of his or her duties.

 The amount of the this stipend is voted on by the Executive Committee.  The current monthly stipend, voted on and passed on March 11, 2019, January 11, 2021, henceforth will shall be $100.00 $200.00.

 

SECTION  5

 

POST HISTORIAN:  Shall be charged with the individual records and incidents of the Post and Post members; shall perform such other duties as may properly pertain in the Office as may be determined by the Post Commander; shall receive from the Adjutant all correspondence and records over two years old as defined in Article III, Section 3, of these By-Laws.  If needed, a reviewing committee, appointed by the Post Commander, shall review the aforementioned records for historical value, and determine which correspondence and records shall be retained permanently by the Post Historian.

 

1.  The Post Historian shall perform other duties as determined by the Post Commander

 

SECTION  6

 

POST CHAPLAIN:  Shall be charged with the spiritual welfare of the Post Comrades and will offer divine, but non-sectarian service in the event of dedications, funerals, public functions, etc.  Shall adhere to such ceremonial rituals as are recommended by the National and Department Headquarters.

 

1.  The Post Chaplain shall be responsible for Graves registration.

 

2.  The Post Chaplin shall perform other duties as determined by the Post Commander.

 

SECTION 7

 

POST SERGEANT AT ARMS:  Shall preserve order at all meetings and shall perform such other duties as may be required from time to time as assigned by the Post Commander; shall arrange the meeting hall and shall assist the Post Commander and Post Adjutant in the preliminary arrangement for the each meeting, and; act as the custodian of the Colors and shall be in charge of the Color Detail during the presentation and retirement ceremonies of the Colors.

 

1.  The Post Sergeant at Arms shall maintain sufficient records to assure only authorized members attend meetings.

 

2.  The Post Sergeant at Arms will see that the POW chair ceremony will be accomplished at all meetings.

 

3.  The Post Sergeant at Arms will be responsible for ceremonial activities.

 

4.  In the absence of the Sergeant at Arms, duties will be the responsibility of the Third Vice- Commander.

 

5.  The Post Sergeant at Arms shall perform other duties as determined by the Post Commander.

 

SECTION 8

 

POST SERVICE OFFICER:  Shall be responsible for bringing to the attention of all veterans and their dependents the rights and benefits granted to them by law; shall utilize the expert services available through Legion channels as well as those of other agencies in this locale; shall maintain a current Service Officer’s Manual and have all necessary forms for claims available; is charged with the visiting and comforting of members and their families when sick or bereaved, and; is responsible to visit ex-servicemen and women in nearby hospitals.

 

1.  The Post Service Officer shall furnish the names of any deceased members to the Post Adjutant, who will then forward the names to the Department Adjutant within thirty days, with instructions to include said name on the Last bugle Roll Call.

 

2.  The Post Service Officer shall be reimbursed as directed by the body for expenses incurred in the performance of required duties.

 

3.  The Post Service Officer shall be responsible for Veterans Affairs and Rehabilitation.

 

4.  The Post Service Officer shall perform other duties as determined by the Post Commander.

 

SECTION 9

 

POST JUDGE ADVOCATE:  The primary duty of the Post Judge Advocate is to supply professional advice, as a practicing attorney, in the conduct of Post business or to procure proper counsel.

 

1.  The Post Judge Advocate is the guardian of the constitution of the Post government.

 

2.  The Post Judge Advocate is to provide valuable assistance to other Post committees and Officers regarding Post business and their execution of duties.

 

3.  The Post Judge Advocate is to be available to assist with matters relating to education and naturalization laws as pertaining to Post Americanism work.

 

4.  The Post Judge Advocate shall assist Post officers and committees with the office holders of local government.

 

5.  The Post Judge Advocate may request an audit of Post financial accounts annually.  This is to be done just before the election of officers.

 

6.  The Post Judge Advocate is appointed by the Commander.

 

7.  The Post Judge Advocate shall perform other duties as determined by the Post Commander.

 

SECTION 10

 

BUILDING COMMITTEE

 

1.  The Building Committee shall consist of three five elected Members, the Finance Office, and the current Post Commander.  One Member shall be elected each year for a three year term. Three members will serve three-year terms with one member elected per year.  Two members will serve two-year terms, alternating every other year.  The Committee will elect a chairperson who shall preside at all meetings.

 

2.  All buildings, grounds, and other property shall be under the supervision of the Building Committee.

 

3.  The Building Committee shall be authorized, for building and grounds repairs, to spend up to $ 1,500.00 per month for non-essential building maintenance, subject to the Executive Committee approval, without need for prior approval of the membership.  For purposes other than routine building  maintenance, approval of major repairs/replacement will go before the membership for funding.

 

4.  See Article VI for additional duties.

 

5.  The Building Committee shall perform other duties as determined by the Post Commander.

 

SECTION 11

 

HOUSE COMMITTEE

 

1.  The House Committee shall consist of six voting elected Members and tThe current Post Commander. and six elected committee members comprise the voting members. The current Post Commander votes only as a tiebreaker in the event of a tied vote by the elected members.  A quorum shall be met with 50% of the voting members plus one being present.  Two voting members are elected annually for a two-year term.  In addition, there are non-voting members who may include, if not elected as House Committee Members, the Post Finance Officer, the Post Adjutant, the Post Building Committee Chairperson, and the Post Bar Manager.  The House Committee will elect a chairperson who shall preside at all meetings.  The House Committee chairperson will be the liaison to the bar manager. 

 

2.  The House Committee shall be responsible for the care of the bar and the hall, including, but not limited to, equipment, regulation of general rules, and the appointment and supervision of the Bar Manager.

 

3.  The House Committee shall provide a code of conduct for the bar and hall areas.  This is to be published and posted.

 

4.  The House Committee shall perform other duties as determined by the Post Commander.

 

ARTICLE IV - DELEGATES

 

Delegates and alternates to any Convention shall be elected by the body at a regular meeting prior to the date of said Convention.  The Post Commander, First Vice-Commander, and Post Adjutant All elected officers are automatic delegates.  Delegate’s expenses shall be approved by the Post at a regular meeting prior to any Convention.  Appointments can be made by the Post Commander if there are any vacancies.  The Post Commander, prior to reimbursement of expenses paid by any Post delegate related to the convention, will verify that the delegate actually attended all required scheduled activities.  The failure of the delegate to attend scheduled activities will be cause to forfeit any or all payments of expenses.  The expenses include the lodging and registration.  The Post will also pay a per diem for food expenses of $50.00 per day.  Receipts are required for the lodging and meals.

 

1.  The Post Commander will act as Chairperson of the Post Delegates at the State Convention for his/her year of command.

 

2.  The number of allowed Delegates and alternates will be determined by the Department headquarters as set by the current year’s membership total.  The verification of delegates is done by the Post Adjutant prior to Convention registration.

 

ARTICLE V - APPOINTMENTS

 

1.  The Post Commander, immediately upon taking Office each year, shall make the following appointments:  Post Adjutant, Post Judge Advocate, and Post Honor Guard Commander.

 

2.  Also, such oOther appointments as deemed necessary by the Post Commander.

 

ARTICLE VI - POST OPERATIONS AND REGULATIONS

 

BUILDING AND GROUNDS

 

1.  All Buildings, Grounds, and other property shall be under the supervision of the Building Committee.  Refer to Article III, Section 10, of these By-Laws.

 

2.  Maintenance of the Building and grounds shall be under the supervision of the Building Committee.

 

3.  Only the Post Commander or the Post Bar Manager shall have authorization to approve rental of the Legion Building, Ball Grounds, and Activity Center.  Toilet facilities will be additional and optional for rental of the Activity Center.

 

4.  Ball Ground rentals shall be separate from the Activity Center rentals.  The Ball Grounds shall be available for rental as determined through the Legion Baseball Committee with final Executive committee approval.

 

5.  Post main Hall (minus kitchen) and the Activity Center will be available for use to non- members and organizations, provided the buildings are not scheduled for use by the American Legion, the Auxiliary, and/or the SAL.  Rental fee for use of any Post facility will be as stipulated on the Rental Contract, which must be executed prior to use of the facility.  All Legion members, Auxiliary members, and SAL members in good standing for at least one year, shall be able to rent the facilities at a reduced rate as stipulated on the Rental Contract.

 

6.  Buildings or facilities will be available for use to supervised youth group organizations, without charge upon eligibility and availability as determined.  Rental contracts will be annotated to reflect gratis use.

 

7.  Liquor and beer will not be allowed to be brought into Legion Buildings and onto Grounds for any function.  All liquor and beer must be dispensed over the Bar in accordance with local and state laws.  Beer may be dispensed for functions but must be obtained through the bar at a rate decided by the Post Bar manager, with concurrence of the House Committee.

 

8.  All rentals received for the Buildings, Ball grounds, and other facilities, shall be deposited into the general fund after expenses have been paid, as prescribed by the Contract.

 

9.  Legion property shall not be removed from Legion grounds without authorization of the Post Bar Manager or elected Post Officer, Building Committee member or Post Commander.  A signed in/out log is required prior to removal.  Any item damaged or not returned shall be the the responsibility of the user.

 

10.  The Building Committee and Post Finance Officer shall be responsible for securing adequate insurance for buildings, grounds, and other property.  Public and products liability insurance shall be required for Legion activities regardless of location.  The Building Committee shall review all the insurance immediately after the installation of officers each June and report their findings and recommendations at a regular meeting.  The insurances may be contracted on a bid basis and covered in one policy.

 

ARTICLE VII - AWARDS/SCHOLARSHIPS SECTION 1

AWARDS

 

1.  Past Commanders, Past Presidents, and SAL Past Commanders awards night will be held annually.

 

2.  Presentation of awards shall be presented at a regular meeting.

 

3.  Only one “Legionnaire of the Year” and one “Friend of the American Legion” award is to be issued in any given year.

 

  1. Special Awards, other than those covered by 1 through 3 above, may be authorized by the body at a regular meeting.

 

  1. Membership awards shall be presented in accordance with State guidelines.

 

 

 

 

SECTION 2

 

SCHOLARSHIP

 

To be named The Terry Eggen American Legion Memorial Scholarship. Scholarship to be in the amount of $750.00. The scholarship will be awarded annually from available Scholarship Trust Funds. The Trust Fund is not to be used for any other award.

 

1.  The Second Vice-Commander will be responsible for the appointment of a three-member Scholarship Selection Committee. This Committee will review applications and select the best application for receiving the Scholarship.

 

2.  The selection of applications will be in accordance with criteria established by the Post.

 

SECTION 3

 

AMERICANISM

 

The American Legion Americanism Award will be given annually to four High School students; one male and one female, selected from The Onalaska Public and Onalaska Luther High Schools.

 

  1. The Second Vice-Commander will be responsible for review of applicants for the award.

 

  1. The selection of recipients will be in accordance with criteria established by the Post.

 

3.  One Americanism Medal, a Certificate of Achievement, and one Cash Award in the amount of $200.00 will be awarded to each student.

 

  1. Funds for these awards will be provided from the General Post Funds ( unless otherwise stipulated).

 

ARTICLE VIII - RESOLUTIONS

 

All Resolutions of State or national scope presented to this Post by a members or reported to this Post by a Committee, shall merely embody the opinion of this Post on the subject. A copy of the same shall be forwarded to the State Headquarters for its approval before any publicity is given, or action other than mere passage by the Post is taken.

 

 

ARTICLE IX - MEETINGS

 

The Regular meeting of this Post shall be held at the Post Hall on the Second Monday of the month, except during the month of July when no Regular meeting is scheduled.  Meetings will start promptly and at the time set by the body.  Business properly brought up for action will be transacted at this time.  Meetings may be converted into entertainment meetings as may be deemed advisable by the Officers of the Post.

 

1.  The Post Commander shall have the power to call a special meeting of the post upon a minimum of 72-hour notification to the membership.

 

2.  Upon written request of five % of the membership, the Post Adjutant or Post Sergeant at Arms shall call a special meeting of the Post upon a minimum of 72-hour notification to the membership.

 

3.  Ten % of the membership shall constitute a quorum at a special meeting.

 

ARTICLE X - RULES OF ORDER

 

All proceedings of this Post shall be conducted under and pursuant to Roberts Rules of Order.

 

ARTICLE XI - AMENDMENTS

 

These By-Laws may be amended by a motion and second at any regular meeting.  Each member shall be notified by the monthly Newsletter as to the nature of the changes and informed that a final vote will be taken at the next regular meeting for adoption or rejection upon the recommendation of the By-Laws Revision Committee.

 

ARTICLE XII - LIMITATIONS OF LIABILITIES

 

The Post shall not incur, or cause to be incurred, any liability for obligations whatever which shall subject any Post, Sub-Division, Groups, Members of the American Legion, or other Individuals, Corporations, or Organizations to said liability unless otherwise previously approved in accordance with these By-laws.

 

 

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POST ADJUTANT                                                       DATE                                      

 

 

 

POST COMMANDER                                                  DATE                                      

 

 

 

 

 

 

 

 

 

 

 

 

 


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