Post 116 Constitution

CONSTITUTION of Fuquay-Varina Post 116,
Department of North Carolina, AMERICAN LEGION


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 Fuquay-Varina Post 116, The American Legion,
Department of North Carolina.

Article II—Objects

Section 1. The objectives 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. 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. All disciplinary actions shall be conducted in accordance with the Constitution and By-Laws of the Department of North Carolina.

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 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

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Constitution of Fuquay-Varina, Post 116, NC Page 2

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—Executive Committee

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 the 15 elected 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: Commander, 1st Vice-Commander, 2nd Vice-Commander, Adjutant, Finance Officer, Chaplain, Historian, Service Officer and two (2) Sergeant-at-Arms, Judge Advocate and four (4) Officers at Large.

Section 3. All officers 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.

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 duesshall 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.

Article VII— Auxiliary and Program Recognition

Section 1. American Legion Auxiliary -This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of Post 116, Fuquay-Varina, NC, The American Legion. Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.

Section 2. Sons of the American Legion– This Post recognizes the SAL Squadron 116 as a program of the Post. Membership in the squadron shall be as prescribed by the National Constitution of the Sons of the American Legion and the Squadron’s activities shall be ordered as set forth in the Squadron’s Constitution and By-Laws as approved by the Post.

Section 3. American Legion Riders– This Post recognizes the ALR Chapter 116 as a program of the Post. Membership in the Chapter shall be as prescribed by the National Resolution and Department ALR Committee Regulations. The Chapter’s activities shall be ordered as set forth in the Chapter’s Regulations as approved by the Post.

Section 4. American Legion Cruisers– This Post recognizes the ALC 116 as a program of the Post. Membership in this group shall be as prescribed by the regulations of the Post and pending subsequent recognition and approval by National and/or Department adhere to those requirements. The group’s activities shall be ordered as set forth in the group’s Regulations as approved by the Post.

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Article VIII

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 North Carolina, 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 Post meeting by vote of two-thirds of the members of said Post attending such meeting, providing the proposed amendment shall have been submitted in writing and read at the next preceding meeting of said Post, and providing, further, written notice shall have been given to all members at least 15 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. Membership votes on amendments, as with all meetings of the Post, shall require a quorum as defined by the Department Constitution and By-Laws, for the conduct of the business of the Post.

This Constitution is adopted by the vote of the membership of Fuquay-Varina, Post 116, at the
March 12 2015 membership meeting and signed into effect by the Post Commander and Post
Adjutant. With adoption and filing with Department this document supersedes all previous
/s/ 3/19/2015
Anthony Smith, Post 116 Commander Date
/s/ 3/19/2015
James M Triplette, Sr. Post 116 Adjutant Date