Division By-Laws

These By-Laws were duly voted on and accepted,

 a quorum being present,

at the April 2004 Monthly Meeting

The Executive Committee strongly solicits any comments or recommended changes you may have regarding these By-Laws

JUBAIL MEMORIAL DIVISION

CHINA POST 1

THE AMERICAN LEGION

BY-LAWS

 Article I

Section 1. The Division existing under these By-Laws is to be known as Jubail Memorial Division China Post 1, the American Legion, Department of New York

Sec 2 The objectives of this Division are as set forth in the Constitution.

Article II – Management

Section 1. The government and management of the Division is entrusted to an Executive Committee of seven members to be known as the “Executive Committee”.

Sec. 2. The Executive Committee shall be elected annually during November, and take office at the second meeting following that election. All elections of officers and executive committee members shall be by ballot. The candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates.

Sec. 3. All vacancies existing in the Executive Committee, or in any office of the Division from any cause other then the expiration of term, shall be filled by a majority of the remaining members of the committee, and a person so appointed shall hold office for the unexpired term of the member of the committee or officer who was succeeded. A Vacancy shall exist when a member or officer is absent from the Division for a continuous period considered detrimental to the interest of the Division by the Executive Committee.

Article III – Division Executive Committee

Section 1. The Division Executive Committee shall meet for organization and such other business as may come before it at the call of the Division Commander within 10 days after the installation of the new officers. Thereafter the Division Executive Committee shall meet at the call of the Commander at least every month and as often as said Commander may deem necessary. The Commander shall call a meeting of the Division Executive Committee upon the joint written request of three or more members of said Division Executive Committee: four members of the committee shall constitute a quorum thereof.  No matters subject to the Executive Committee may be voted upon unless a quorum of elected Division officers is present. Only the elected officers of the Division shall have voting authority on the Executive Committee. No voted by proxy are permitted by members of the Executive Committee.

Sec. 2 The Division Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having custody of Division funds; shall hear the reports of the Division committee chairs: and generally, shall have charge of and be responsible for the management of the affairs of this Division.

Article IV – Duties of Officers

By enactment of these Division By-Laws, The Jubail Memorial Division establishes seven (7) elected officers and their duties and responsibilities are as follows:

Section 1. Division Commander   Acts as Chief Executive Officer of the Division. Presides at all Division meetings and social functions. Supervises and directs elected and appointed Division officers, Chairs the Division Executive Committee. Ensures Division compliance with all the rules and regulations as stated in the National, Department, Post and Division constitutions and By-Laws. Ensures that the Division operating budget is prepared, presented to the membership, and directs disbursements of funds in accordance with the approved budget guidelines. Responsible to the Division membership for the planning and conducting of all Division activities. Appoints, instructs, and reviews progress of the nominations and elections committee, with the advice and consent of the Executive Committee. Acts as China Post 1 Division liaison with other groups and organizations.

Sec. 2. First Vice Commander Serves as assistant to the Division Commander. Presides at meetings and conducts such business as necessary in the absence of the Commander. Assists all elected and appointed officers as required.

Sec 3. Adjutant Records prepares and publishes all minutes. Accepts, for the Division files, periodic reports of Division officers and regular and Ad Hoc committees. Handles correspondence, as required, with China Post 1 headquarters and divisions. Prepares and distributes copies of all Division business meeting minutes, Executive Committee meeting minutes, Division audit reports, membership lists, and other special reports as may be necessary for the China Post 1 files and records.

Sec 4. Treasurer Receives all Division funds. Handles all banking activities in conjunction with the Commander and Adjutant. Prepares and maintains all Division financial records. Prepares and submits to the Division membership quarterly financial statements. Chairs the Budget Committee. Coordinates with the Audit Committee on the annual audit and provides assistance as required.

Sec 5 Vice-Commander - Membership Receives, processes and forwards to China Post 1 headquarters, all applications for membership approved by the Executive Committee. Maintains up-to-date Division rosters. Provides mailing labels to members of the Executive Committee for membership mailings. Advises the Division Commander and the Executive Committee on membership matters. Directs Division membership recruitment activities.

Sec 6 Vice-Commander – Social Activities Responsible for securing locations for meetings and social functions, developing programs, arranging catering, establishing costs, meetings set up and clean up. Chairs the annual Fourth of July and Chinese New Year or Double Ten event.

Sec 7 Vice-Commander – Fund Raising Responsible for developing fund raising programs, collecting revenues and delivering the proceeds to the Treasurer. Assists in the preparation of the annual budget.

Sec 8 The Division Commander, with the advice and consent of the Executive Committee may add appointed positions or establish Ad Hoc committees as he deems appropriate at the time. Appointed officers or committee chairmen will automatically become non-voting members of the Executive Committee. In addition to the above elected officers, established in Sections one (1) through seven (7) above, these By-Laws establish these appointed positions and their duties are as follows:

Sec. 9. Sergeant –at-Arms   Controls membership behavior at meetings and social events. Maintains Division property and submits and annual property inventory report. Welcomes visitors and guests at meetings.

Sec. 10. Chaplain Acts as the Division’s ceremonial and services officer. Responsible for leading or directing commemorative services and welcoming new members. Responsible for alerting the Executive Committee on all health and welfare conditions within the membership. Makes hospital visits and sends cards and flowers as directed by the Executive Committee and/or membership.

Sec, 11 Photographer   Assures that all official functions are recorded for the Post and Division archives. Assists in Division history matters.

Sec. 12 Historian Acts as Division historian. Records all major events both electronically and hard copy.

Sec 13. Assistants to Officers Within thirty (30) days of assuming office, the following officers shall appoint an assistant with the advice and consent of the Executive Committee. This requirement shall apply to the Adjutant, Treasurer, Vice-Commander-Membership, Vice-Commander-Social Activities, Vice-Commander-Fund Raising, Sergeant-at-Arms, Chaplain and Photographer. The assistants to the officers named above, shall become knowledgeable of the office and assume the duties of the incumbent during his absence. When acting for an incumbent elected officer, the assistant shall exercise the full authority and responsibilities of the office. Such authority shall include voting rights on the Executive Committee.

Article V – Delegates

Section 1. Delegates and alternates to a department convention shall be elected by ballot by the Division at a regular meeting of the Division to be held at least 20 days prior to the date of such convention.

Article VI – Appointments

Section 1 The Division Commander, immediately upon taking office each year, shall appoint the following standing committees:

Sec. 2 Americanism Committee The Americanism Committee shall be charged with the inspiration of patriotism and good citizenship by arrangements for proper observance of patriotic occasions, encouragement of patriotic and civic phases of instruction in schools; Americanization of aliens, combating anti-American propaganda by education of the general public in American ideals through public forums, etc., and activities for community and civic betterment.

Sec.3 Ceremonials Committee   The principal duty of the Ceremonials Committee is to insure all new members are properly initiated. The committee also concerns itself with proper presentation of other rituals outlined in the Manual of Ceremonies-burial detail and the wearing of Legion regalia.

Sec.4 Children and Youth Committee Shall be charged with the aid and service of children of veterans, cooperating with other established agencies in the community; laboring for the betterment of child conditions and in coordinating services and agencies in the community for the above purposes. To act as intermediary for the needy chills of a veteran in obtaining the fulfillment of the Legion’s pledge that “no child of a war veteran shall be in need of the necessities of life” and “a square deal for every child”.

Sec. 5 Economic Committee The Division Economic Committee is primarily concerned with local employment programs, Veteran’s preference,  government employment and re-employment rights.

Sec. 6 Finance Committee The Finance Committee shall be charged with the administration of the financial policy, preparation of budget recommendations and, supervision of receiving, disbursing and accounting of all Division funds.

Sec. 7 Foreign Relations Committee This committee has become active as America has recognized its responsibility as a world leader. Maintaining and securing world peace and friendship abroad through community endeavors have become as essential as any aspect of treaty law.

Sec. 8 Graves Registration and Memorial Committee The duties of this committee involve recording of grave sites and complete information on veterans’ burial in cemeteries assigned to the Division. Special assistance can be given the service officer in providing flags, headstones or proper internment in national cemeteries.

Sec. 9 House and Entertainment Committee The House and Entertainment quarters promotion of club advantages and arrangement for social activities.

Sec. 10 Legislative Committee The Legislative Committee needs to have knowledge of what is going on in Congress-what we favor or oppose, and should be ready to initiate action in support of our position when requested by the national or department headquarters.

Sec 11 Membership Committee   The Membership Committee shall have charge of all matters pertaining to the membership of the Division, including the procuring of new members, reinstatements and eligibility of members.

Sec. 12 Public Relations Committee The Public relations Committee shall be charge with the promotion of public support of the Legion’s program by the establishment of proper contact with The American Legion Magazine, department and national Legion news service and by local publicity of Division programs and activities.

Sec. 13 Veteran’s Affairs and Rehabilitation Committee The Veterans Affairs and Rehabilitation Committee shall supervise all matters pertaining to service to comrades in the prosecution of all claims against the United States or state government, employment, relief, etc.

Sec. 14 Security Committee The Security Committee shall work with and coordinate Legion efforts with the Local Civil Defense Council on matters pertaining to national, civilian and home defenses, community activities for the defense of the nation and the security of the American home.

Sec. 15 Sons of the American Legion Committee This committee shall have supervision over the operation of the Division squadron of the Sons of the American Legion.

Sec. 16 Visiting or VAVS Committee This committee is charged with visiting and comforting members and their families when sick or bereaved and with visiting ex-service personnel in hospitals.

Such standing committees shall consist of such members, and the chair thereof, as shall be designated by the Commander.

Article VII – Charter Members

Section 1. Members who joined this Division prior to November 11, 1919

(Or members who joined prior to the issuance of this Division’s charter) shall be known as charter members.

Article VIII – Membership Requirements

Section 1.  Current membership in China Post No. 1 is mandatory for membership in this Division.

Sec. 2 The Division encourages and supports the American Legion National Life Membership Program. The Division’s participation in said program will be in accordance with the Department and Post guidelines.

Article IX – American Legion Auxiliary

Section 1. This Division recognizes an auxiliary organization to be known as the Auxiliary Unit of Jubail Memorial Division China Post 1 of the American Legion.

Sec. 2 Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.

Article X – Committees

Section 1 Standing committees, whose members will be proposed by the Division Commander and confirmed by the Executive Committee and shall serve until the installation of new officers. Membership of standing committees shall be composed of at least three (3) members of the Division. The Executive Committee is not considered a standing committee as described above.

The Nominations and Election Committee is a standing committee whose members shall be members of the Division. Committee members cannot stand for elected office.

The Finance and Budget Committee is a standing committee whose members shall be members of the Division

The Treasurer, by virtue of his position, is a member of this standing committee and shall serve as the chairman

Other membership of this committee is not restricted by current of former position.

The responsibilities of this committee include:

                             Preparation of a listing of internal controls

Presentation of the budget, suggested dues, and listing of internal controls to the Executive Committee for endorsement and membership approval on an annual basis

The Audit Committee is a standing committee whose members are appointed from outside the current Executive Committee for the purpose of conducting an annual review of the Division’s Statement of Financial Position (assets and liabilities), Statement of Operations ( income and expenses), and evaluating internal controls. The Audit report should be completed and reported to the Finance and Budget Committee, the Executive Committee, and the membership within ninety (90) days of each fiscal year.

Sec.2 Other committees, at the discretion of the Division Commander, may be appointed on an Ad Hoc basis on specific subjects or situations. Such committees’ authorities for other than expenditures, which are governed by the specific sections of the By-Laws, shall be delegated by the Division Commander. In no case will these committees authority exist beyond the Division year of their appointment.

Article XI – Elections

Section 1.  Eligible nominees shall, prior to being presented to the Division membership for Division office, have paid national and local dues and agreed to serve for a full term, circumstances permitting.

Sec. 2 The Executive Committee shall select and appoint members to serve as the Nominating and Election Committee. The responsibilities of this committee include:

Identify members who may be willing to serve as Division officers

Prepare a list of candidates who have been contacted and who have agreed to serve for a full term if elected

Present the list of candidates to the Executive Committee, in care of the Division Commander, prior to the Special Nominating Business Meeting

Include on the list additional eligible members nominated from the floor at the Special Nominating Business Meeting

Prepare ballots including absentee ballots, issue ballots to qualified voters, count the ballots and present the election results validated by signatures of committee members

Sec.3 The Executive Committee shall establish the month for Division elections at any time during their term of office, but should be early enough to accommodate the schedule of election activities as follows:

At a quarterly Business Meeting prior to the elections, the Nominating and Elections Committee is to be introduced and Division officer’s duties and responsibilities reviewed.

One (1) month prior to elections, a Special Nominating Business Meeting is called for the purpose of introducing candidates as selected by the Nominating and Elections Committee, and to accept additional nominations from the membership.

Sec.4 Voting At the election meeting, voting shall be by secret ballot. The quorum required to conduct an election shall be one third (1/3) of the membership of record (members voting by absentee ballot are considered to be present for quorum purposes). If no quorum exists, present Division officers shall remain in office with full authority until a new election meeting can be scheduled. Installation of officers shall be in accordance with current China Post 1 regulations.

 Sec 5. Absentee and Proxy Voting Proxy voting is NOT allowed. Requests for absentee ballots shall be made to any member of the Nominating and Elections Committee any time after nominations are closed (one (1) month prior to the election meeting). Absentee ballots shall be returned to any member of the Nominating and Elections Committee in a sealed envelope, prior to the election meeting. Absentee ballots shall be opened and counted at the time of the ballot count.

Article XII – Meetings

Section 1. The Division membership shall meet on a regular basis for social and business purposes. Advance notification of at least one (1) week shall be given to all members as to place, time and agenda for each meeting.

Sec.2 There shall be at least one Business Meeting per quarter and as many Social Meetings as desired by the membership.

Sec.3 The Executive Committee shall meet prior to each Business Meeting to establish a meeting agenda, hear petitions from members and conduct routine business.

Sec.4 At least fifteen (15) percent of the membership must be present to constitute a quorum to conduct business.

Sec.5 The Division Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Division at any time.

Sec.6 Upon the written request of four (4) members, the committee shall call a special meeting of the Division.

Article XIII – Dues

Section 1.  Annual Division Dues shall be recommended by the Budget and Finance Committee to the Executive Committee and to the Division membership for approval at the first regular Business Meeting of the membership year. The amount of the annual dues shall be equal for all members and payable in Saudi Riyals.

Sec.2 Members wishing to maintain active status in the Division must pat their dues by February. Members who have been placed on inactive status will be notified in writing by the Vice Commander-Membership, and if they later wish to return to active status, must pay dues as if they were a new member.

Sec.3 Dues for new members will be prorated based upon the number of months remaining in the membership year and rounded to the nearest five (5) Saudi Riyals.

Article XIV – Notices

Section 1. Every member shall furnish the Division with an address for mailing.

Sec.2 The Division adjutant shall cause notice of the annual election to be given at least two (2) weeks prior thereto.

Article XV –Rules of Order

Section 1. All proceedings of this Division shall be conducted under and pursuant to Robert’s Rules of Order, except as otherwise provided.

Article XVI – Limitations of Liabilities

Section 1. The Division shall incur, or cause to be incurred, neither liability nor obligation whatever which shall subject to liability any other Division, subdivision, members of The American Legion, or other individuals, corporations or organizations.

Article XVII – By-Laws and Amendments

Section 1. These By-Laws may be amended at any time at a regular Business Meeting by a two-thirds (2/3) vote of the membership of record, providing that advance written notice of thirty (30) days has been given to all members that an amendment is to be considered and that a copy of the proposed amendment is included with the notification. Absentee ballots are allowed, must be received by a member of the Executive Committee prior to the beginning of the Business Meeting. Proxy voting is NOT allowed.

Sec. 2.  Requests for amendments presented at a membership meeting will be held for a minimum of thirty (30) days, or until the next quarterly Business Meeting. They will be subject to the membership notification procedure as provided in Article XII, Section 1, above.

Sec.3 These By-Laws may be suspended at any regular Business Meeting by a three-quarters (3/4) vote of the membership in attendance, provided that such suspension does not violate the Amendment, Quorum, or Voting provisions of these By-Laws.

Article XIX –Relationship with Ancillary Bodies

Section 1. The Division recognizes and encourages ancillary bodies such as the Auxiliary, Sons of the American Legion, and others that may be recognized by the Division from time to time. The Division shall defer to the Division By-Laws, as amended, on this subject.

Sec. 2 Friends of China Post 1.

Article XX – Special Provisions

Section 1   No officer or member of this Division shall sell, convey, mortgage, or dispose of and Division property, except by and under specific direction of the Executive Committee and in accordance with all applicable provisions of these By-Laws and/or those of the Division

Sec.2 The names, addresses, and any information about Division members are maintained by the Division and are to be used by members only. Any publication of information applicable to the Division or Post derived from these sources is not allowed without specific written authority of the Division Commander