NEW BY-LAWS ARE CURRENTLY IN REVIEW AT THE POST WITH FINAL APPROVAL PLANNED FOR MARCH 2025:
OLD BY-LAWS
BRONSTED-SEARL POST #93 OF THE AMERICAN LEGION
CONSTITUTION
ARTICLE I
The name of this post shall be Bronsted-Searl Post of the American Legion, State of Wisconsin, Number 93 of Tomahawk, Lincoln County
ARTICLE II
OBJECTS OR NATURE OF ORGANIZATION
For God and Country, we associate ourselves together and among the specific objects we shall strive to accomplish are the following:
- To uphold and defend the Constitution of the United States and the State of Wisconsin,
- To maintain law and order,
- To foster and perpetuate a one hundred percent Americanism,
- 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 safeguard and transmit to posterity the principles of justice, freedom, and democracy,
- To preserve a strict, non-partisan, non-sectarian attitude while working toward higher ideals and principles,
- To preserve the memories and incidents of our association in the Great Wars
- To keep ever fresh the memories of those who wait to welcome us “Across the Bar,”
- To consecrate and sanctify our comradeship by our devotion to mutual helpfulness and by brotherly love
ARTICLE III
LIMITATION OF POWERS
No articles or sections of this Constitution or By-Laws shall be in force and effect if found to conflict with the National Constitution or in conflict with the Constitution of the Wisconsin State Branch of the American Legion. If found to be in conflict, the Constitution and By-Laws of the National or State Organization of the said American Legion shall govern where same are clearly intended to apply to this Post.
ARTICLE IV
MEMBERSHIP
Section 1
The following persons shall be eligible for membership in this organization:
- Persons who were in the military or naval service of the United States during the periods as prescribed by the National American Legion.
- Persons who served in the military or naval service of any of the Governments associated with the United States during the Great Wars, if they were citizens of the United States at the time of their enlistment and are citizens at the time of their application, or having so served, have since become citizens of the United States,
- Persons who separated from their service under terms amounting to dishonorable discharge, and except also those persons who refused to perform their military duties on the ground of conscientious of political obligation are NOT eligible for membership in this organization
Section 2
All questions relative to the good standing of a member shall be determined by a majority vote of all the members of the Executive Committee.
Section 3
Each member shall be entitled to but one vote, and no member shall be represented in any capacity by a proxy.
Section 4
Every member in good standing shall be eligible to hold any office or be a member of any committee.
ARTICLE V
Section 1
Elective officers of the Post, elected annually, shall be as follows:
- One Post Commander
- One Post 1st Vice Commander
- One Post 2nd Vice Commander
- One Post Adjutant
- One Post Finance Officer
- One Post Historian
- One Post Chaplain
- Two Sergeants at Arms
Section 2
The appointive officers of the Post shall be those who hereafter may be provided by Post action at any regular meeting, or at any special meeting properly called.
Section 3
All elective officers shall be elected by ballot at the annual general meeting, or at an adjourned meeting thereof.
Section 4
All appointive officers shall be appointed by the Post Commander
Section 5
All officers shall hold office for one year, or until their successors have been duly elected, appointed, and have qualified.
ARTICLE VI
VACANCIES OF OFFICES
Section 1
All vacancies in elective offices shall be filled by the Executive Committee for the period of the vacancy.
Section 2
Vacancies in appointive offices shall be filled by the Post Commander for the period of the vacancy.
ARTICLE VII
COMMITTEES
The following shall be the standing committees of the Post:
- Executive Committee
- Finance Committee
- Nominating Committee
- Membership Committee
- Grievance Committee
- Reception and Entertainment Committee
- Publicity and Educational Committee
- Memorial Committee
ARTICLE VIII
AMENDMENTS
Section 1
This Constitution and any By-Laws provided hereunder shall be amended only by a two-thirds vote of the members present at an annual, regular, or a special meeting provided the following:
- The proposed amendment has been submitted in typewritten form for consideration of a meeting of the membership at least two weeks prior to the date of the meeting at which it is to be voted on.
This Constitution may also be amended upon a two-thirds vote of all members of the Post taken by mail at any time provided the following:
- The proposed amendment shall be printed in typewritten form and sent to each member of the Post at least three weeks prior to the day appointed for the count to be made of such vote.
Section 2
Proposed amendments in writing may be submitted by any member at any meeting, provided that any amendment to be voted upon by mail, shall be first submitted to the Executive Committee for approval or disapproval. If approved, the Executive Committee shall instruct the Post Adjutant to prepare the necessary information, instructions, ballots, and otherwise supervise the vote by mail upon the proposed amendment.
BY - LAWS
ARTICLE I
Section 1
The annual meeting of the Post will be held on the first regular meeting of the month of July in each year, at which time a concise but complete report will be made to the Post by the Post Adjutant, Post Finance Officer, Post Historian, Post Chaplain, and by the Chairman of each committee. Each report will be called for in such order as the Post Commander may deem desirable. Each report to be verified as provided in these By-Laws. If provision be made for verification, the election of officers shall be part of the order of business at the annual meeting.
Section 2
The regular meeting of the Post shall be held on the 3rd Tuesday evening of each month
Section 3
Special meetings of the Post shall be called by the Post Adjutant at the request of the Post Commander upon written request of a majority of the Executive Committee, or upon written request of ten percent of the members of the Post in good standing.
Special meetings shall only be called by notice in writing, addressed and mailed to each member of the Post, giving the place, the hour, and the object of the meeting. No other object or matter that that stated in the call shall be taken up in the special meeting.
The notice of special meeting shall be mailed not later than three days before the day set for the special meeting.
Section 4
Meetings of the committees where not otherwise provided for in these By-Laws, may be called by the Post Commander or by the Executive Committee.
Section 5
At all meetings of members and of committees, each member shall have but one vote.
All Sons of The American Legion Squadron 93 members who are in good standing are allowed the same voting rights and privileges as American Legionnaire members except for the following restrictions:
- No votes will be counted for Sons of The American Legion members under the age of 16 for general votes. No votes will be counted for Sons of The American Legion members under the age of 18 and/or still enrolled in High School or a GED program for votes pertaining to Scholarships.
- Furthermore, no Sons of The American Legion members can hold an officer position with Post 93.
ARTICLE II
ORDER OF BUSINESS
The order of business of all meetings of the Post shall be in the following order:
- Calling of the roll, or such ritualistic work as may be prescribed by the Executive Committee.
- Reading and action on minutes of previous meetings.
- Action on applications for membership.
- Introduction of new members.
- Reports of officers and committees, and action thereon.
- Communications.
- Unfinished business.
- New business.
- Election of officers.
- Presentation of papers, addresses, etc.
- Closing ritual.
ARTICLE III
THE OFFICIAL AND FISCAL YEAR
Section 1
The official year shall begin on the first day of July and end on the 30th day of June, both dates inclusive.
Section 2
The fiscal year shall correspond with the official year.
ARTICLE IV
MEMBERSHIP FEES AND DUES
Section 1
There shall be no membership fee for admission as a member to this Post.
Section 2
The amount of annual dues will be set by a vote of the majority of the membership present at an authorized meeting. There will be no proration of dues for the partial year in which they are paid.
Section 3
The membership fee may accompany the application for membership or may be paid within a reasonable time after election to membership.
Section 4
Suspension of membership for non-payment shall result if any member fails to pay his annual dues within six months after being put on notice that his dues remain unpaid. This notice shall indicate that he stands in danger of forfeiting his membership in the Post if his dues are not paid by a specified default date. A second final notice may be sent just prior to the default date named, but it is not obligatory. A member who has forfeited his membership can only be reinstated by the Executive Committee after a full settlement of delinquent dues are paid or reinstated by a majority vote of the membership during a meeting of the Post. This majority vote of the membership may set conditions to the reinstatement.
ARTICLE V
EXPULSION
Section 1
The expulsion of any member may be made by the unanimous vote of all members of the Executive Committee, or by a two-thirds vote at any meeting of the membership. No one shall be so expelled without first having been invited to appear in his /her own defense and may be accompanied by counsel, However, it shall be unnecessary to invite any member to appear if the charges against him/her have been proven in a court of law.
Section 2
Grounds for expulsion shall exist when in the judgement of the Executive Committee, or of the Post, a member shall have so conducted himself, or herself, in such a manner as to discredit or tend to discredit the Post.
ARTICLE VI
TERMINATION OF MEMBERSHIP
Termination of membership may result from forfeiture, expulsion, or transfer of membership.
ARTICLE VII
DUTIES OF OFFICERS
Section 1
Post Commander
The duties of the Post Commander are the following:
- Preside over the meetings of the Post.
- Inspect and approve the warrants issued by the Post Adjutant.
- Appoint all appointive officers, tellers and committees not otherwise provided for in this Constitution and By-Laws.
- Direct the affairs of the Post for its successful conduct under this Constitution and By-Laws, and in accordance with such legislation as shall be passed by the Executive Committee.
- Do and perform such other duties as is usual to such office.
Section 2
Post Vice-Commanders
The duties of the Post Vice-Commanders shall be to assume the duties of the Post Commander when the latter shall:
- Invite the Post Vice-Commander to so act
- Be absent from his duties
- Be deceased, and until the Executive Committee shall has filled the vacancy.
If both the Post Commander and the Post Vice-Commanders shall be absent, then the members assembled may elect a temporary Post Commander pro-tem.
Section 3
Post Adjutant
The duties of the Post Adjutant are as follows:
- Shall keep a correct journal of all the proceedings of the Post and Executive Committee.
- Keep a permanent file of all reports, present and read all such data or reports as directed from time to time by the Post Commander or Executive Committee.
- To act for and on behalf of the Post Commander at any time upon direction by the Post Commander.
- Make an annual report.
- Collect all dues, fines, assessments and contributions and provide receipts for each. Turn such monies over to the Post Finance Officer.
- He shall keep his accounts at all times in such a manner as to be ready for inspection by the Post Finance Committee.
Section 4
Post Finance Officer
The duties of the Post Finance Officer are as follows:
- Shall take charge of all funds of the association, and to dispose of same as the Executive Committee may direct.
- Pay all bills against the Post after proper warrants for the same have been issued by the Post Adjutant and countersigned by the Post Commander.
- Keep an accurate account of all funds received and disbursed.
- Make annual report of all funds of the association, and at such other times and places as requested by the Post Commander or by the Executive Committee.
The Post Finance Officer shall furnish a bond for the faithful performance of his duty if directed by the Executive Committee. The cost of which shall be paid out of the funds of the Post.
Section 5
Post Historian
The duties of the Post Historian are as follows:
- Shall be charged with the duty of compiling and keeping continuously a complete record of the history of the Post and its members.
- The historical data shall be entered in its completed and approved form into a bound volume.
- All original drafts which are to be later entered in a permanent record shall be approved by the Executive Committee.
- Shall make reports at such times as directed by the Post Commander, or by the Executive Committee.
Section 6
Post Chaplain
The Post Chaplain shall perform the usual duties pertaining to that office, and such other duties as shall be assigned to him by the Executive Committee.
Section 7
Appointive Officers
The duties of all appointive officers shall be prescribed by the Post Commander
ARTICLE VIII
DUTIES AND FUNCTIONS OF COMMITTEES
Section 1
Executive Committee
The Executive Committee shall be composed of seven members, and shall consist of the Post Commander, Post 1st Vice-Commander, Post 2nd Vice-Commander, the Post Adjutant, and three members elected by the membership at the annual meeting of the Post.
The members of the Executive Committee shall also be the Legal Trustees of the Post with all the duties, powers, and responsibilities incident thereto. These duties, powers and responsibilities include the holding of title of real estate and the control and management of said real estate.
The Executive Committee shall elect the chairman thereof, but no officer of the Post shall be eligible for that position.
The Post Adjutant shall be ex officio secretary of the Executive Committee and shall keep a record of all the proceedings of said committee.
It shall be the duty of the Executive Committee to supervise and legislate all matters not otherwise provided for in this Constitution and By-Laws.
It shall also be the duty of the Executive Committee to make such recommendations from time to time as they may deem necessary for the benefit of the Post, such as:
- to add to or take away from all standing committees, such as powers and duties as it shall determine.
The Executive Committee shall have charge of all matters affecting legislation. No resolution shall be presented to the membership concerning state legislation without first having the approval of a majority of the members of the Executive Committee.
The Executive Committee shall have the power and authority to create and to delegate to subcommittees chosen from any members of the Post such duties as it may determine necessary for the efficiency and best interest of the committee. These delegations to be appointed by the Chairman of the Executive Committee.
The Executive Committee shall have the power and authority to delegate to officers of the Post such duties as it may determine necessary for the efficiency and best interest of the Post. These delegations to be appointed by the Chairman of the Executive Committee.
It shall be the further duty of the Executive Committee to provide for the election of delegates necessary for any purpose and to see that they are elected in accordance with the provisions of the State Constitution and By-Laws.
Meetings of the Executive Committee may be called at any time by the Post Commander, the Chairman of the Executive Committee, or by the Post Commander upon written request of ten per cent of the members of this Post. Said request to state the object for which said meeting is requested.
It shall be the duty of the Executive Committee to fill all vacancies that may occur in offices of the Post, and officers so appointed shall serve for the unexpired term of the officer for whose place he has been appointed. The appointee shall conform to all the requirements of said office.
The Post Commander shall fill any vacancy in the terms of the three elective members of the Executive Committee, and members so appointed shall serve for the unexpired term of the committeeman for whose place he has been appointed.
Section 1.2
Sons of The American Legion 18 years of age and older may serve on any Committee with exception to the Executive Committee.
Section 2
Finance Committee
The Finance Committee shall be composed of three members, one of which shall be the Post Finance Officer with the other two being appointed by the Post Commander, with the appointments being duly reported to the Post Adjutant.
The Chairman of the Finance Committee shall be elected by the Finance Committee, but the Post Finance Officer shall not be eligible.
It shall be the duty of the Finance Committee to audit the books of the Post Finance Officer, and of the Post Adjutant, and to make a written report of the audit(s) with any findings at the annual meeting.
The Post Finance Officer shall not be present during the examination of records of his office but shall remain where he can be consulted by the committee and shall render any assistance requested by the other members of the committee.
Meetings of the Finance Committee shall be called by the Chairman at such times, and for such purposes as he may designate, or as he may be instructed by the Executive Committee.
Vacancies on the Finance Committee shall be filled by appointment of the Post Commander. The member so appointed shall serve for the unexpired term of the committeeman for whose place he has been appointed.
Section 3
Nominating Committee
The Nominating Committee shall consist of three members appointed by the Executive Committee, with these appointments being duly reported to the Post Adjutant.
The Chairman of the Nominating Committee shall be elected by the Nominating Committee from among their members.
It shall be the duty of the Nominating Committee to select and recommend two nominations for each of the elective Post offices and report these nominations at the annual meeting.
The nominations for elective Post offices shall be made, published, and posted by the Nominating Committee at least three weeks before the annual meeting in such places and by such means as the Executive Committee shall determine.
Vacancies on the Nominating Committee shall be filled by appointment of the Executive Committee. The member so appointed shall serve for the unexpired term of the committeeman for whose place he has been appointed.
Section 4
Membership Committee
The Membership Committee shall consist of three members, the Chairman of which shall be appointed by the Post Commander and the two other members shall be appointed by the Chairman of the Membership Committee. These appointments shall be duly reported to the Post Adjutant.
The Chairman of the Membership Committee shall be elected by the Membership Committee from among their members.
The Membership Committee shall be charged with the duty of developing and recommending to the Executive Committee ways and means to increase the membership in the Post. When the Executive Committee adopts a plan of procedure, the Membership Committee shall be charged with carrying the same into effect.
Meetings of the Membership Committee may be called by the Chairman of the Executive Committee.
Vacancies on the Membership Committee shall be filled by the Chairman of the Membership Committee. The member so appointed shall serve for the unexpired term of the committeeman for whose place he has be appointed.
Section 5
Grievance Committee
The Grievance Committee shall consist of five members appointed by the Post Commander, with the appointments being duly reported to the Post Adjutant.
The Chairman of the Grievance Committee shall be elected by the members thereof.
The duty of the Grievance Committee shall be the following:
- Receive and investigate complaints,
- Review evidence on complaints.
- Once the Grievance Committee has reviewed all evidence with respect to the complaint received, a written report shall be submitted to the Executive Committee for final action. This report at a minimum shall include:
- A statement of the complaint
- A review of all the evidence received and reviewed, including any transcripts of interviews conducted.
- Final conclusions and recommendations to the Executive Committee.
Meetings shall be called by the Chairman of the Grievance Committee, or by the Commander of the Post at such times as either shall determine.
Vacancies in the Grievance Committee shall be appointed by the Post Commander. The member so appointed shall serve for the unexpired term of the committeeman for whose place he has been appointed.
Section 6
Reception and Entertainment Committee
The Reception and Entertainment Committee shall consist of five members.
The Chairman shall be appointed by the Post Commander. The remaining four members shall be appointed by the Chairman of the Reception and Entertainment Committee. These appointments shall be duly reported to the Post Adjutant.
It shall be the duty of the Reception and Entertainment Committee are as follows:
- to develop ways and means to promote social interaction and goodwill among members.
- To submit their recommendations to the Executive Committee for final approval and action.
- To supervise and conduct all entertainment, receptions, and other functions of a social nature to which they have been instructed to supervise and conduct by the Executive Committee.
- To supervise and conduct such social functions as shall be individually authorized by a direct vote of the membership in meeting assembled.
- To recommend activities which shall be for the good of the Post.
- To recommend restraint of all social or individual membership activities which shall in any way tend to injure the good name and usefulness of the Post.
Meetings of the Reception and Entertainment Committee may be called by the Chairman thereof, or by the Post Commander.
A vacancy in the Chairmanship of the Reception and Entertainment Committee shall be filled by the Post Commander. All other vacancies in said committee shall be filled by the Chairman of the Reception and Entertainment Committee. Members so appointed shall serve for the unexpired portion of the term of the committeeman for whose place he has been appointed.
Section 7
Publicity and Educational Committee
The Publicity and Educational Committee shall consist of three members appointed by the Post Commander. These appointments shall be duly reported to the Post Adjutant.
The Chairman of the Publicity and Educational Committee shall be elected by the members thereof.
The duties of the Publicity and Educational Committee shall be to develop ways and means to promote growth in the following:
- Membership of the Post
- Of the ideal of justice, freedom, democracy, and brotherhood.
- Of a sense of individual responsibility implied in one hundred percent American citizenship.
- A spirit of non-partisanship and non-sectarianism.
- Plans of helpfulness to the members regarding vocational training and educational advancement.
The Publicity and Educational Committee shall submit their recommendations to the Executive Committee for final approval and action. The Committee shall supervise and execute such plans as may be adopted and assigned to them by the Executive Committee.
Meetings of the Publicity and Educational Committee may be called by the Chairman thereof, or by the Post Commander.
A vacancy in the Publicity and Educational Committee shall be filled by the Post Commander. The member so appointed shall serve for the unexpired term of the committeeman for whose place he has been appointed.
Section 8
Memorial Committee
The Memorial Committee shall consist of four members, two of which shall be appointed by the Post Commander. The remaining two members shall be appointed by the Chairman of the Memorial Committee. These appointments shall be duly reported to the Post Adjutant.
The Chairman of the Memorial Committee shall be the member first named by the Post Commander.
The duties of the Memorial Committee shall be to recommend to the Executive Committee, ways and means for the following:
- How to foster and encourage the Post membership and the general public to preserve due respect for any days set aside by the National or State Government in memory of departed veterans.
- To consecrate and sanctify such days by proper presentation of the ideals for which all would be willing to make the “Supreme Sacrifice”.
- To combat any tendency to make such days mere thoughtless holidays.
- To assist the Grand Army of the Republic, the Spanish War Veterans and other kindred organizations in every way possible.
- To aid and comfort the family of departed comrades.
- To offer the services of the Post upon such occasions.
- To take the responsibility of any opportunities to promote the objects herein stated when duty dictates, or by invitation.
It shall be the duty of the Memorial Committee to supervise and execute all plans adopted and referred to it by the Executive Committee in reference to the above objects.
Meetings of the Memorial Committee may be called by the Chairman thereof, or by the Post Commander.
A vacancy in the Memorial Committee shall be filled by the Chairman thereof. However, vacancy in the Chairmanship thereof shall be filled by the Post Commander. The member so appointed shall serve for the unexpired term of the committeeman for whose place he has been appointed.
ARTICLE X
SALARIES AND EXPENSES
There shall be no salaries paid to any officer or member of this Post except as the Executive Committee shall recommend, with the membership in the meeting assembled approving by a majority vote thereof.
ARTICLE XI
APPLICATION FOR MEMBERSHIP AND FORM ATTENDING ADMISSION
Application for membership shall be made in accordance with the rules prescribed by the Executive Committee.
Any form of ritual used for the admission of members shall be prescribed by the Executive Committee.
ARTICLE XII
INSTALLATION OF OFFICERS AND COMMITTEEMAN
Any form of ritual used in the installation of officers or committeeman shall be prescribed by the Executive Committee.
ARTICLE XIII
MOTIONS AND RESOLUTIONS
All motions and resolutions offered for consideration at any meeting of the Post, or of any committee of the Post, shall be produced in writing before being voted upon if it has been requested in writing by any member of the body deliberating upon same.
ARTICLE XIV
QUORUMS
Section 1
A quorum at any meeting of the membership shall be a majority of the members present at such meeting, unless otherwise provided in the Constitution and By-Laws.
Section 2
A quorum of any committee shall be a majority of the members of the committee, unless otherwise provided in the Constitution and By-Laws.
Section 3
Any number in attendance at a meeting of the membership or of the committee, and being less than a quorum, shall have the power to adjourn from time to time to a given place, and at a given date.
A quorum shall consist of seven members at a meeting of the membership.