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102 Glenwood Avenue, Easton, Maryland

Blake-Blackston Post #77

The American Legion, Inc.

Blake-Blackston Post #77

Talbot County Maryland

Constitution

Prepared and published by The American Legion Blake-Blackston

Post #77 and approved by two thirds of Post #77 members at its regular meeting

Constitution Committee

Walter W. Black, Jr  Chairman

James K. Camper

Frederick Davidson

Donna Dear

Wallace Gould

George Jenkins, Jr.

Willis Scott, Jr.

Larrier Walker

 

Editor and Publisher

James K. Camper Post #77 Adjutant

 

PREAMBLE

For God nnd Country, we associate ourselves together for the following purposes; to uphld and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate state one hundred percent Americanism;  to preserve the memories and incidents of our association of the Great Wars; to inculcate a sense of individual obligation to the community state and nation; to combat the autocracy of bith 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 prosperity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.  

Article 1- Name

Section 1.   The name of this organization shall be The American Legion, Blake-Blackston Post #77, Incorporated, hereinafter referred to as Blake Blackston Post #77 or Post #77

Section 2.   Post #77 shall be located in Talbot County, Maryland at such locations as may be approve by the Post #77 Executive Committee with approval of the Membership Body. 

         Article 11- Objectives  

Section 1.   The objectives and purposes of Post #77 shall be to promote the principles and policies as set forth in the in the for National and Department of Maryland, Inc, (hereafter referred to as the Department) Constitutions of The American Legion. 

Article 111- Nature

Section 1.   Post #77 is a civilian organization and membership therein does not affect or increases liability for military or police services'

Section 2.   Post 377 shall be absolutely non-political and shall not be used for the dissemination of partisan principles or for the promotion of the candidacy of any person seeking office or preferment.

Section 3.   Rank does not exist in The American Legion; no member shall be addressed by his or her military title in any meeting if Post #77.

Article IV- Organization

Section 1.   The American Legion, Department of Maryland, Inc, located in Baltimore, Maryland shall be organized into Districts as follows: Baltimore, Western Maryland, Mountain, Southern Maryland, North Eastern Shore, South Eastern Shore, and North Central Districts. Each District shall be one or more counties except Baltimore Districted shall be areas.

Section  2.   North eastern shore District consists of Caroline,Cecil, Kent, Queen Anne and Talbot Counties.

Section 3.   Post #77 shall be organized by having an Executive Committee consisting of elected and/or appointed officers and three t-Large members appointed by the Post #77 Commander and approve by the Executive Committee. Abdominally, all past Post, County, District, Department and National Commanders from Post #77 are permanent members of the Executive Committee with all rights and privileges.

Section 4.   No real estate or leasehold;d property belonging to Post #77 shall be sold or disposed of in any way or have its title encumbered in any manner without Post #77 notification in writing to the Commander of Talbot County, North Eastern Shore District and Department Commander, Inc. In turn, Post #77 shall obtain consent in writing from the Department of Maryland, Inc. Executive Committee authorizing to sell or dispose of said real estate or lease hold property belonging to Post #77. 

Article V- Eligibility

Section 1.   Eligibility for membership in Post #77 shall be as described by the National Constitution of The American Legion as chartered and approve by the Congress of the United States of America and as thereby amended from time to time.

Section 2.   Applicants applying for membership must have a completed American Legion Membership application form and shall be accompanied with a copy the DD Form 214 or other Proof of eligibility that my be accepted by the Department of Maryland.

Section 3.   Application for membership shall be acted upon at the next regular meeting following the making of such application, and shall be at such meeting be accepted, rejected or referred for further investigation or consideration.

Section 4.   There shall be no form of class of membership accept an active membership. Dues shall be paid annually or paid up for life. Social memberships are specifically prohibited.

Section 5.   No person shall hold membership in Post #77 while ho;ding membership in ny other Post of the American Legion. 

Section 6.   No person who has been expelled from the American Legion shall be admitted for membership in another Post without the consent of the authority which expelled her or him. The exception is when such consent has been sought and denied or  sought and not granted within a reasonable time thereafter. The applicant (s) for new membership may then appeal to the Department of Maryland, Inc. Executive Committee for permission to be admitted for membership in another Post. They shall be ineligible for membership until such permission is granted.

Section 7.   No member facing charges filed by a Post members shall be eligible for transfer to or from Post #77 until such  charge (s) have been adjudicated.  

Section 8.   No person who is a member of an organization which has as its aim to overthrow the United states Government by force or violence, or who subscribes to the principles of any group oppose to our form of government shall be eligible to become a member of Post #77.  

Article V1

Section 1.   The Annual corporate Meeting of the American Legion, Department of Maryland, Inc. shall be the Department Convention. The Convention shall be held annual at a time and place to be fixed by the action of the preceding Department Convention or by the department Executive Committee.

Section 2.   The Department Convention shall be comprised of representatives from each Post. Each Post having 15 members in good standing shall be entitled to  two delegates. Each Post having 26 members in good standing shall be entitled to three delegates and an additional delegate for each additional fifty members surpassing the first 26. Each Post shall be entitled to an alternate delegate for each delegate, as prescribed by the Department of Maryland, Inc., Constitution. 

Section 3.   Post #77 delegates to the Department Convention shall represent Post #77 at all District meetings and the District caucus.

Section 4.   Post #77 delegates to the Department Convention shall attend all activities listed in the Department Program Book

Section 5.   District Caucus; A Caucus shall be held by the North Eastern Shore District for the purpose of electing a District Commander, District Vice Commander, County Commander, Department Executive Committee persons, Delegates and Alternates to the National Convention and other Officers as stated in the Distract By-Laws.

Article V11- Officers

Section 1.   The administrative affairs of Post $77 shall be under the supervision of the Executive Committee with the exception as may be provided in the Post By-Laws. The term of office for the for the Executive Committee shall be for one year. Post #77 may provide for necessary committees as business requires.

Section 2.   Any member of Post #77 in good standing shall be eligible to hold office of an elected position of Post #77. 

Section3.   The officers of Post #77 shall be as follows; Commander, 1st Vice Commander, 2nd Vice Commander, Adjutant, Finance Officer, Historian, Service Officer, Chaplain, Staff Judge Advocate, and Sergeant At Arms.

Section 4.   The Post #77 Commander shall be elected for no more than six (6)  consecutive terms. Other eligible candidates can run for for the position of Commander during the six (6) year period. After serving six consecutive terms, the Post #77 Commander shall stand down for one (1) year before he/she can be elected again. The Post #77 Commander can be elected for more than six (6) consecutive terms if no other candidate is a candidate fir the Post Commander's position.

Sectiion 5.   There shall not be any term limits on the other elected positions.

Section 6.   Officers shall be elected and or appointed annually, and shall hold office until their successors are sworn in.

Section 7.   The duties and responsibilities of the officers and Executive Committee shall be as outlined in Post #77 By-Laws.

Section 8.   Post #77 officers for the enduring year shall e elected at least 20 days prior to the Department of Maryland, Inc., Convention and shall assumed their duties within 20 days after the close of the department convention.

                                                        Article V111 Finance 

Section 1.   The revenues of Post #77 shall be derived from annual membership dues and from other sources approved by Post #77 executive Committee and Membership.

Section 2.   The amount of Post #77 dues is determined by Post #77 Executive Committee with approval of Membership.  

Section 3.   Post  pays dues to the Department as determined by the Department Convention and the North Eastern Shore District as determined by the North Eastern Shore District.

Section 4.   Post #77 membership shall be paid by October 20th of each year.

Section 5.    The fiscal year of Post #77 shall run from July 1 through June 30. The annual financial audit of Post #77 shall be conducted by an Independent Financial Firm, independent accountant or the Post #77 staff Judge ADvocate Committee between July 1 and July 15 of each year.

Section 6.   All Post #77 members and employees handling money shall be bonded to cover the average amount of money handled in a single year.

Article 1X -Discipline

Section 1.   The Department Executive Committee after notice and hearing may suspend the charter of a Post which violates this Constitution or By-Laws and it may provide for the governance and administration of such Post during such suspension.

Section 2.   The Department Executive Committee shall designate, appoint and authorize a subcommittee to hear and make written findings of facts and recommendations with reference to the matter of cancelation, suspension or revocation of the charter of Post #77 after said Post shall have received due and proper notice of said hearing. Said Post shall make its written findings and recommendations to the department Executive Committee. 

Section 3.   The hearing of any cause involving the cancelation, suspension or revocation of Post #77 charter shall be had and held under the rules of procedures to be adopted by the Department executive Committee.

Section 4.   The Department Executive Committee after notice and hearing may discipline any members of the American Legion, Department of Maryland, Inc., of its own motion and without any other action which may be taken bythe post to which such member may belongs, where it appears that such member at the time of the conduct in question, was an officer of he American Legion, Department of Maryland, Inc,, as defined in the Constitution, or a National Convention, or a convention of of this Department convene at the time of such conduct aforesaid, or an officer of and District, County, or Post of this Department and that as such member was charged with knowledge of the programs of dishonest , or has conduct themselves in a manner unbecoming the position aforesaid which member holds or at the tine of such conduct did hold in the American Legion. Disloyalty shall include embracing or adhering to principles of any group oppose to the Constitution form of the United States of America, or  any group previously determined by the American Legion nationally or by he action of the Department of Maryland, Inc.to be the basic conflict with the purpose of  the American legion. Conduct unbecoming the incumbent of such positions in the American legion as herein above set forth shall mean only such conduct as is premeditatedly and deliberately calculated to bring The American Legion official action of the convention or The American Legion or the Department of Maryland, Inc., or any prohibit any member of The American or any official action of the conventions or Executive Committee thereof, or national or department officers thereof respectively, in there official incumbent capaciity, into public disrepute, reticule, or calumny. Nothing herein shall be construed in any manner to prohibit any member of The American Legion from expressing themselves freely and exhaustively in any debate at any Convention of The American Legion or at any official meeting of The American Legion, Department of Maryland, Inc., or its subordinate component bodies, nor from petitioning the National Executive Committee or the Excursive Committee of any Department of the American Legion for the redress of any grievance or the consideration or reconsideration of any policy, and any act of such nature so undertaken shall not be deemed evidence of understanding oof unbecoming conduct aforesaid or of disloyalty.

Section 5.   The Department Executive Committee shall designate, appoint, and aulhorize a sub-committee to hear and make written findingd of facts and recommendations with reference to the matter of disciplining any member of The American Legion, Department of Maryland, Inc., who falls in he category set out in the preceding section after such members shall have received due and proper notice of such hearing. Said subcommittee shall make its written findings and recommendations to the Department Executive Committee. Any members who is thee subject of possible disciplinary action shall be entitled to present their case before the Department Executive Committee as a whole  and shall be so advised by the sub-committee. 

Section 6.   The Department Executive Committee shall adopt rules of procedures for the hearing of any case involving discipline of a member by the Department Executive Committee, as set forth in Section 4 of this Article and is empowered hereby to provide for the suspension or expulsion of such members by s majority vote of said committee.

Article X- Charter Members

Section 1.   Original members of Post #77 formed in 1920 whose names appear on Post #77 original charter shall be known as Charter Members.  

Article X1 - Change of Residence

Any members in good standing at Post #77, moving from the Department of Maryland, Inc., shall be entitled to a certificate stating their membership therein and the duration thereof.

Article X11 - American Legion Auxiliary

Section 1.   The American Legion, Department of Mary;land, Inc., recognize auxiliary organizations known as 'The American Legion Auxiliary ".

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

Section 3.   The Auxiliary shall be governed by The Department of Maryland by such rules and regulations as may be prescribed by the National Executive Committee and thereafter approved by The Department of Maryland, Inc.,(as stated in the Department's constitution)

Article X111 - Talbot County Commander

Section 1.   The Talbot County Commander shall represent Talbot Post #70 and Blake Blackston Post #77 and shall be elected at he annual North Eastern Shore District Caucus by the Delegates from Post #77 and Post #77. To be eligible for the Talbot County position, at the time of the election, he/she shall be a member of Post #70 or Post #77.  

Section 2.   The Talbot County Commander holding office pursuant to this Article shall, as a matter right, be entitled to address the Department Executive Committee at any meeting thereof an any subject, provided the subject is in order and said commander has the to vote as a member of the Department Executive Committee.

Section 3.   As of the 1983 Convention, the Department of Maryland Constitution, Article V11, Section 1, gave the County/ Area Commanders the right to vote as a member of the Department Executive Committee. 

Article X1V - Parliamentary Procedure

Section 1.   Roberts.s rules of order newly revised edition shall govern the procedures at the Post meetings/committee meetings. Subjected however, to any governing procedures submitted by the (Rules Committee)of the (Department Convention) and duly ratified by such Convention; provided however that no rule shall act to deprive a member of the right to cast their vote as they see fit.

Section 2.   All meetings of Post #77 and all meetings of subordinate component bodies of Post #77 shall be governed by the procedure in Robert,s rules of order newly revised edition. 


Article XV - Amendments

Section 1.   This Constitution is adopted subject to the National Constitution of the American Legion and the Department Constitution of the American Legion Department of Maryland, Inc. Any amendments to the said national or department constitution which is in conflict with any provision thereof, 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 #77 meeting by a two thirds (2/3) vote of the members of Post #77 attending the meeting. THe proposed amendment shall then be submitted in writing and read at the next  regular meeting of Post #77. Furthermore, written notice shall have been given to all members at lease thirty (30) days in advance of the date in which such an amendment is to be voted on clearly notifying the members to such a meeting in which the proposed amendment (s) to the Constitution shall be voted on. 

Section 3.   This revisited Constitution shall take effect upon the vote of Post #77 membership at a regular scheduled Post #77 meeting, provided that Post #77 membership has been notified in writing at lease thirty days in advance that such vote shall be taken.

Article XV1 - Effective Date

Section 1.   This Post #77 Constitution shall take effect on December 13, 2014 and at that time provisions of all other Post#77 Constitution shall be hereby superseded.

Section 2.   Any amendments to this Constitution shall take effect after December 13, 2014 unless otherwise provided by such amendment.

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