ByLaws

Table of Contents 

Page 1 Article I -- Organization 

Article II – Management 

Page 2 Article III -- Duties of Officers 

Page 3 Article IV -- Elections and Appointments of Post Officers 

Page 5 Article V -- Finances 

Page 7 Article VI -- Disciplinary Action 

 Article VII – Resolutions 

Page 8 Article VIII – Meetings 

 Article IX – Notices 

 Article X - Rules of Order 

 Article XI – Limitations of Liability 

 Article XII – Properties 

Page 9 Article XIII – Amendments 

 Signatures of Post Commander and Adjutant 

Article I -- Organization 

Section 1. The post existing under these Bylaws is to be known as Gary Streeter Post 

No. 108 (“Post”), Department of Arizona. 

Section 2. The objects of this Post are as set forth in the Constitution. 

Article II -- Management 

Section 1. The government and management of the Post is entrusted to a Committee 

to be known as the Post Executive Board or E-Board consisting of not more than 

twelve (12) members. 

Section 2. The E-Board under the direction of the Post Commander shall consist of 

the Post Commander, the 1st Vice Commander, the 2nd Vice Commander, Adjutant, 

Finance Officer, Chaplain, Sergeant-at-Arms, Service Officer, Judge Advocate, and 

three additional persons. These additional persons shall be the Immediate Past Post 

Commander and two (2) Members at Large elected by the general membership. In 

the event the immediate Past Post Commander is unable to act, or holds another 

office on the E-Board, the Commander can appoint any Past Post 108 Commander 

to this position. Per Robert's Rules of Order, the Post Commander has no vote, 

except in the case of a tie vote. 

Section 3. All elections of officers and executive committeemen shall be by ballot 

and the candidate or candidates receiving the highest number of votes shall be 

elected to the respective office or offices for which they are candidates. 

Section 4. All vacancies existing in the Executive Committee, or in any office of the 

Post, from any cause other than the expiration of the term, shall be filled by a 

majority vote of the remaining members of the committee, and a person so elected 

shall hold office for the unexpired term of the member of the committee or officer 

whom he succeeds. A vacancy shall exist when a member or officer is absent from 

his/her Post for a continuous period considered detrimental to the interest of the Post 

by the Executive Committee. 

Section 5. The Post E-Board shall meet at the call of the Post Commander with a 

minimum of five (5) days’ written (or e-mail) notice or upon a written request of at 

least four (4) members of the E-Board. 

Section 6. Four (4) members of the E-Board shall constitute a quorum thereof. 

Section 7. The Post E-Board shall hire such employees as necessary, shall authorize 

and approve all expenditures, shall require adequate bonds from all persons having 

custody of Post funds, and shall have charge of, and be responsible for, the 

management of the affairs of this Post. 

Section 8. A majority vote of those present, and/or voting, will prevail in all E-Board 

meetings and a record of all motions, votes and business transactions must be 

recorded and entered into the minutes of such meetings. Votes via e-mail shall be 

allowed and shall be considered an E-Board meeting. 

Section 9. The Post Commander shall report all decisions of the E-Board to the 

membership not later than the next succeeding regular Post meeting unless otherwise 

provided for in these Bylaws. The Post meeting minutes shall record 

recommendations of the E-Board and final disposition by the membership. 

Section 10. All decisions of the E-Board must be approved by the general 

membership at a regular scheduled meeting, unless otherwise provided for in these 

Bylaws. 

Article III -- Duties of Officers 

Section 1. The presiding Officers of this Post are the Post Commander, 1st Vice 

Commander, 2nd Vice Commander, in that order named except when the presiding 

Officer requests some other member to officiate temporarily during the meeting. 

Section 2. The Commander shall preside over all meetings of the Post and the 

meetings of the E-Board and have general supervision over the business and affairs 

of the Post. Such officer shall be the Executive Officer of the Post. He/she shall 

approve all orders directing the distribution of funds and he/she shall perform such 

other duties as directed by the E-Board. 

Section 3. The 1st Vice Commander, in conjunction with the Post Adjutant, shall be 

Co-Chairman of the Membership Committee. He/she shall assume and discharge the 

duties of the office of Commander in the absence or disability of, or when called 

upon by, the Post Commander. 

Section 4. The 2nd Vice Commander, in the absence of both the Commander and 

1st Vice Commander, shall preside at all meetings and/or when called upon. He/she 

shall direct fundraisers, flag retirements, flag ceremonies, and assist the Post 

Commander at all public ceremonies and presentations. His/her primary 

responsibility shall be as directed by the Commander. 

Section 5. The Post Adjutant shall have charge of keeping a full and correct record 

of all proceedings at all meetings, keep such records as the Department and National 

organizations may require, render reports of membership annually or when called 

upon at a meeting. The Post Adjutant, in conjunction with the 1st Vice Commander, 

shall be Co-Chair of the Membership Committee. Under the direction of the 

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

Adjutant shall be responsible to prepare and submit the document(s) listed below by 

the due date as defined in Appendix III. 

o The Consolidated Post Report (CPR) 

Section 6. The Finance Officer shall be subject to the control of the E-Board and be 

charged with the collection and custody of Post funds. This includes all funds of the 

Post, and shall keep its accounts, report thereon at any meeting of the E-Board, and 

to all regularly scheduled membership meetings. An audit shall be performed by two 

(2) members of the E-Board and a Member at Large when the office changes 

personnel, or before the incoming Finance Officer takes control of the Post funds, 

records and annually thereafter. 

Section 7. The Finance Officer shall also maintain a cash on hand fund in the amount 

not to exceed $150.00 to cover immediate expenditures that arise, the need to make 

change during meetings, etc. 

Section 8. The Finance Officer shall be responsible to prepare and submit the 

document(s) listed below by the due date as defined in Appendix III. 

o The Arizona Corporation Commission Entity Form 

o The Arizona Secretary of State Veterans Service Organization Registration 

Statement. 

o IRS: 990 N (e-Postcard) Exempt Organizations Select Check 

Section 9. The Judge Advocate, whose primary duties shall be the interpretation of 

the Constitution and Bylaws of Gary Streeter Post 108, provide advice on Robert's 

Rules of Order, and advice on obtaining local counsel, when applicable. 

Article IV -- Elections and Appointments of Post Officers 

Section 1. All elective officers of this Post must be elected annually by secret ballot 

at the membership meeting in the month of May. Elected Officers shall be Post 

Commander, 1st Vice Commander, 2nd Vice Commander, Finance Officer and two 

(2) Members at Large. The Chaplain, Adjutant, Sergeant-at-Arms, Service Officer 

and Judge Advocate are appointed by the newly elected Commander. All 

appointments shall be approved by the E-Board. All appointed positions serve at the 

pleasure of the Commander. 

Section 2. All persons nominated for any office must be a member in good standing 

of this Post at the time of nomination. 

Section 3. The Post Commander shall start the nomination process beginning with 

the March meeting and ending with the May meeting. Members may nominate any 

member in good standing including themselves. Prior to submitting anyone’s name 

in nomination for any of the Post’s elected offices, the person being nominated must 

acknowledge they are willing to serve in that position, if elected, for the coming 

year. All nominations to be made for the Good of the Order. 

Section 4. The Post Commander may appoint a Nominating Committee consisting 

of three (3) eligible members at the March general meeting. If appointed, the 

Nominating Committee shall assemble a list of eligible members who are willing to 

serve in one of the Post’s elected Officer positions for the ensuing year. The 

Nominating Committee shall make its report at the regularly “scheduled” May 

meeting. The Commander shall invite any further nominations for those elected 

offices from the floor. Prior to submitting anyone’s name in nomination for any of 

the Post’s elected offices, that person must know that the nominee will serve in that 

position, if elected, for the coming year. All nominations to be made for the Good 

of the Order. 

Section 5. A member cannot be nominated for more than one office. 

Section 6. The election of officers shall be in the following order: Commander, First 

Vice Commander, Second Vice Commander, Finance Officer, and the two (2) 

Members at Large. 

Section 7. The nominee who receives the most votes for a particular office shall be 

declared elected to that office or position. 

Section 8. All elected officers will take the oath of office, be installed, and assume 

office immediately following the election. 

Section 9. The Post Commander, immediately upon taking office each year, shall 

appoint the following standing committees: Boys State, ALLECA, and such other 

committees as the Post may form. 

Article V -- Finances 

Section 1. The finances of Gary Streeter Post 108 of The American Legion shall be 

derived as follows: 

A. By payment of dues and donations from membership. 

B. By public and private entertainment, amusements, shows, contests, bingo games, 

clubrooms, flag services, hall rentals, or any other activity whatsoever from which 

revenue may be obtained, in accordance with the provisions and restrictions imposed 

by The American Legion National Headquarters and/or the Department of Arizona 

Headquarters. 

C. By bequest, gift, will or donation, and from other sources. 

All monies accruing to the Post as defined in subsections A and B shall be recorded 

in a separate accounting, deposited in a local bank or banks, and may be expended 

in any manner by authority of the Post Commander and Post E-Board, and the 

consent of the membership for the support of the Post activities, and for the 

maintenance of Post property and records. 

Section 2. All monies accruing to the Post, as defined in subsection B and C above, 

shall be accounted for in a separate line item and deposited in a local bank or trust 

institution for future use. 

Section 3. The revenue of, and for this Post, must be given in keeping to the officially 

elected Post Commander, Post Finance Officer, or 1st Vice Commander. These 

officers shall be bonded. 

Section 4. Dues and fees for membership in The American Legion by and through 

the Gary Streeter Post 108, Department of Arizona, will be such an amount as may 

be fixed by the E-Board and approved by the general membership for any current 

year from which must be taken the per capita assessment as prescribed by The 

American Legion National Headquarters, the Department of Arizona and District 8. 

Section 5. In the instance of membership fees or dues, the Post Adjutant shall issue 

authorized official membership cards to applying members, with the support of the 

Membership Co-Chair. 

Section 6. The Post shall incur no indebtedness without the authority of the Post 

Commander, and not in excess of five hundred dollars ($500.00), without obtaining 

consent of the E-Board for recommendation and back to the floor for consent of its 

members. 

Section 7. Expenditures of revenue, finances and money in control of the Finance 

Officer over $500.00 shall also require the signature of the Post Commander or 1st 

Vice Commander, if the Commander is not immediately available. 

Section 8. No disbursement of Post funds shall be made to any person, individual, 

firm, business or corporation without an itemized invoice for the amount claimed. 

Section 9. Finances invested through an Investment Advisor Service (if utilized), 

shall be under the control of a Board consisting of the Post Commander, 1st Vice 

Commander and the Post Finance Officer, to make immediate decisions based on 

sound recommendations of the Financial Advisor. 

Section 10. The report of funds received and expended, current indebtedness, if any, 

and funds on hand, including all revenues as defined in Section 1, must be made 

available to the membership by the Finance Officer at a regular monthly meeting of 

the Post. This report shall be recorded in the minutes of that meeting. 

Section 11. Reimbursement for Department Convention and Conference Expenses. 

A. It shall be the duty of the Post Commander and the Post Finance Officer to reserve 

from the Post finances each year the sum of up to $500.00 each to reimburse both 

the current Commander and Adjutant, or, in case of their inability to attend, their 

alternates, to defray their authorized out-of-pocket expenses while attending the 

annual Department Convention, wherever convened. 

B. The same amount shall be made available to reimburse the outgoing Past 

Commander, when applicable, so they may mentor the current Commander at the 

Department Convention. 

C. The same $500.00 amount shall be reimbursable to only the current Commander 

and Adjutant for the purpose of attending the Fall Conference, wherever convened. 

 D. Reimbursable expenses include lodging, including applicable taxes, for the actual 

dates of the convention/conference at the advertised rate, meals actually consumed, 

and actual fuel costs. Receipts must be submitted to justify all expenses. 

E. The above stated reimbursements shall be provided only if adequate funds are 

available in the Post treasury. 

Article VI -- Disciplinary Action 

Section 1. Removal from elected office - The E-Board shall have the power to 

remove from office any elected officer who is convicted, after a fair trial by the EBoard, 

of malfeasance, misfeasance or nonfeasance of office, and/or conduct 

unbecoming a member of The American Legion. 

Section 2. Removal from appointive office - The Post Commander shall have the 

power to remove from any office any appointed officer who serves at the pleasure 

of the Commander. 

Section 3. Suspension of Expulsion of Post Members - The E-Board may suspend 

or expel a Post member from The American Legion after providing the member due 

process and a proper showing of cause. Charges shall be based upon disloyalty, 

neglect of duty, dishonesty, and/or conduct unbecoming a member of The American 

Legion. All charges must be made under oath in writing by the accusers, and no 

member in good standing shall lose their membership until given a fair trial by the 

Post E-Board. 

Section 4. Censure by the E-Board - In lieu of suspension or expulsion, censure by 

the E-Board may be selected as appropriate action. 

Article VII -- Resolutions 

Section 1. All resolutions of state or national scope presented to this Post by a 

member, or reported to this Post by a committee, shall merely embody the opinion 

of this Post on the subject and copy of same shall be forwarded to the department 

headquarters for its approval before any publicity is given or action other than mere 

passage by the Post is taken. 

Article VIII -- Meetings 

Section 1. The regular meeting of the Post shall be held at the Post Home or a 

location known and conveyed to the membership at least once a month, at which 

may be transacted such business as may properly be brought up for action. 

Section 2. The Post Commander or a majority of the Executive Committee shall have 

power to call a special membership meeting of the Post at any time. 

Section 3. Upon the written request of 10% of the general membership, the Executive 

Committee shall call a special meeting of the Post. 

Section 4. Ten members shall constitute a quorum. 

Article IX -- Notices 

Section 1. Every member shall furnish the Post Adjutant with his or her mailing 

address and e-mail address for notification purposes. 

Section 2. The Post Adjutant shall cause notice of the annual election to be given at 

least two weeks prior thereto. 

Article X -- Rules of Order 

Section 1. All proceedings of this Post shall be conducted under and pursuant to 

Roberts’ Rules of Order, except as herein otherwise provided. 

Article XI -- Limitations of Liabilities 

Section 1 .This Post shall incur, or cause to be incurred, no liability nor obligations 

whatever which shall object to liability any other post, subdivision, group or men, 

members of The America Legion, or other individuals, corporations or 

organizations. 

Article XII -- Properties 

Section 1. Real estate properties to be obtained or disposed of by the Post shall be 

approved at a regular Post meeting by a vote of two-thirds of the members of said 

Post attending the regular meeting: provided that written notice shall have been 

given to all members at least 15 days in advance of the date when such transaction 

is to be voted upon, notifying said members that at such meeting a proposal to obtain 

or dispose of real estate properties is to be voted upon.