AMERICAN LEGION JOHN J. MORRIS POST 62 PEORIA, ARIZONA CONSTITUTION
PREAMBLE 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 association in all wars; to inculcate a sense of individual obligations 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 principals 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 the American Legion, Department of Arizona, John J. Morris Post 62, Incorporated.
ARTICLE II – OBJECTS
Section l. The objects 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 Constitution of the American Legion.
ARTICLE III – NATURE
Section 1. This Post is a civilian organization and membership therein does not affect or increase the liability for military or police service.
Section 2. This organization shall be absolutely non-political and shall not be used for dissemination of partisan principles or 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 or her military title in any meeting of the Post.
Section 4. No elected officer of John J. Morris Post 62 shall be a salaried employee with the exception of a temporary basis not to exceed a maximum of sixty (60) days.
Section 5. "He" is non-gender specific.
ARTICLE IV – MEMBERSHIP
Section l. Eligibility for membership in the Post shall be prescribed by the National Constitution of the American Legion.
Section 2. Application for membership shall be made utilizing the standard American Legion membership application form. Qualifications must be supported by applicant's documents reflecting Honorable Service, DD214 or equivalent.
Section 3. All applications for membership, new and transfers, shall be acted upon at the next General Membership Meeting following the making of such application and shall at such meeting be accepted, rejected or referred for further investigation and consideration. If twenty-five percent (25%) or more of the members cast their vote against the acceptance of said application, then said application shall be recorded as rejected. A rejected application shall not be reconsidered until after the expiration of six months from the date of such rejection.
Section 4. Any member of this Post may be expelled for cause by a two-thirds vote of the Executive Board after charges are preferred, under oath, in writing and a fair trial held on the same, providing further, that such trial shall be held in accordance with National and Departmental Rules and Regulations. This trial shall be chaired by the Post Judge Advocate except when he is the defendant, then the Commander.
Section 5. Any 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 a Post General Membership Meeting.
Section 6. No Person who has been expelled by the Post shall be admitted to membership in this Post without consent of the expelling Post, except that where such consent has been asked for and denied by such Post, he or she may appeal to the State Executive Committee of the Department of the expelling Post and shall be ineligible for membership until such permission has been granted.
Section 7. Nothing in Section 4, 5, or 6 shall deny an applicant who has been rejected or expelled to appeal to the American Legion Department of Arizona, as provided for in Article XI of the Department Constitution.
Section 8. Life Membership. A member who shall have rendered distinguished service to the Post or the American Legion, provided that mere service as an officer, committeeman or employee of the Post shall not of itself constitute distinguished service as referred to herein, may be considered for nomination. This nomination of a member for election to Life Membership shall be in writing and shall set forth in detail the distinguished service(s). This information shall be given to the Life Membership Committee for their consideration and nomination. The Committee shall have the authority to investigate the nomination. Nominees selected will have no knowledge of their selection until such time as a public announcement and presentation takes place at a special occasion sometime around March. A minimum of one to a maximum of four nominees may be selected annually. Final Committee decision will be made in February so that suitable arrangements for the presentation may be made in time.
ARTICLE V – OFFICERS
Section l. The administrative affairs of this Post of the American Legion, except as otherwise provided by the by-laws, shall be under the supervision of an Executive Board which shall consist of elected and appointed officers of the Post. The term of office of the members of the Executive Board shall be one year. The Post, by its by-laws, may provide for such other standing committees as the business of the organization may require.
Section 2. The elected officers of this Post shall be a Commander, First Vice Commander, Second Vice Commander, Finance Officer, and four Executive Committeemen as provided for in Article V, Section 1.
Section 3. The immediate Past Post Commander automatically becomes a member of the Executive Board but is not an elected officer, however, he has full voting privileges. In the event the Past Post Commander is not available to act as a member of the Executive Board, the next available Past Post Commander will serve on the Board. The current Bingo Manager shall automatically become a member of the Executive Board with full voting privileges.
Section 4. The Commander shall appoint an Adjutant, Chaplain, Color Guard Captain, Historian, Judge Advocate, Sergeant-At-Arms, and a Service Officer. The members present at the next General Membership meeting have right of rejection of any appointee by majority vote of those Post members present. (updated 16 May 2023 to add Color Guard Captain).
Section 5. The Commander shall, immediately upon election to office, schedule an organizational meeting to be held within ten (l0) days after the election. The appointed officers and committee chairs will be identified as a result of this meeting. Those names will be presented to the Executive Board and General Membership at the June meetings. Those approved will assume their duties at the time stipulated in Article V, Section 10.
Section 6. Every member of this Post in good standing shall be eligible to hold office in this Post. No member shall hold two elective Post offices at the same time but may hold one elective and one or more appointive offices. Post officers, elected or appointed, may be eligible to hold office in a higher body and such office may be held concurrently.
Section 7. The duties of the Officers and the Executive Committeemen shall be those usually pertaining to such Officers or Committeemen and as further provided in the Post By-Laws.
Section 8. All officers shall be elected annually and they shall hold office until their successors are duly installed or as otherwise provided.
Section 9. Any Officer or Executive Committeeman may be removed from office for cause by the Executive Board with a two-thirds affirmative vote recommending such removal from office to the floor of the next regular Post General Membership meeting and the membership ratifying the action of the Executive Board with a two-thirds affirmative vote of the members present. Any Executive Board Officer who is absent for two (2) consecutive meetings unexcused shall be automatically removed from office.
Section 10. Officers elected at the Post Annual Election must be installed into their respective offices as soon as possible after the election and will assume the duties of their office at the conclusion of the next Department Convention, following such elections.
ARTICLE VI – FINANCES
Section l. The revenue of this Post shall be derived from annual membership dues and from such other sources as may be approved by the Post Executive Board.
Section 2. The amount of such Post Membership dues shall be fixed and determined by the Post Executive Board subject to approval of the membership.
Section 3. The Post shall pay the Departmental Headquarters, and National annual membership dues for every member of this Post.
ARTICLE VII – CHARTER MEMBERS
Section l. Members who joined the Post prior to issuance of the permanent charter shall be known as Charter Members.
ARTICLE VIII – AMERICAN LEGION AUXILIARY
Section 1. The Post recognizes an auxiliary organization to be known as the Auxiliary Unit of John J. Morris Post 62, the American Legion.
Section 2. Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.
ARTICLE IX – SONS OF THE AMERICAN LEGION
Section 1. The Post recognizes a subsidiary organization to be known as Sons of the American Legion (SAL), Squadron 62.
Section 2. Membership in the Sons of the American Legion shall be as prescribed by the National Constitution of the Sons of the American Legion.
Section 3. The Constitution and By-Laws of the Squadron shall be in accordance with SAL National Directives and presented to the Post 62 Executive Board for approval.
Section 4. SAL members must abide by the Constitution and By-Laws of Post 62 when attending Post functions and utilizing Post facilities.
ARTICLE X – AMENDMENTS
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 Arizona, American Legion. Any amendment to said National Constitution or Department which is in conflict with any provision 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 regular Post General Membership meeting by a vote of the majority of the members of said Post attending such regular meeting, providing that the proposed amendment shall have been given to members at least 14 days in advance of the date when the amendment is to be voted on, notifying said members that at such meeting a proposal to amend the Constitution is to be voted on.
THE CONSTITUTION AND BY-LAWS REVISED AND UPDATED AS OF 14 DECEMBER 2022, AND ACCEPTED BY THE EXECUTIVE COMMITTEE AND POST GENERAL MEMBERSHIP ON 20 DECEMBER 2022. David S. Broyles - Adjutant Commander Tom McClain; Judeg Advocate Ken Ellison; Adjutant David S. Broyles.
AMERICAN LEGION JOHN J. MORRIS POST 62 PEORIA, ARIZONA BY-LAWS
Article I – Name.
Section 1. The Post existing under these by-laws will be known as the John J. Morris Post 62, Incorporated, The American Legion, Department of Arizona.
Article II – Objects.
Section 1. The objects of this post are set forth in the Constitution.
Article III – Management.
Section 1. The governance and management of this Post is entrusted to the Commander and the Executive Board.
Section 2. The Executive Board shall consist of the Commander, First Vice Commander, 2nd Vice Commander, Finance Officer and the four Executive Committeemen; all of whom are elected officers; the Past Commander, the Bingo Manager and the appointed officers.
Section 3. Every member of this Post in good standing shall be eligible to hold office in this Post. All officers and executive committeemen shall be elected annually, and they shall hold office until their successors are duly installed or as otherwise provided. Elected and appointed officers shall serve a term of one year on the Executive Board. The elected Commander shall serve no more than two (2) consecutive years as Commander. At the end of the two (2) years out of office, that individual may run for the office of Commander
Section 4. The Executive Board shall meet for organization and for such other business as may come before it at the call of the Post Commander within 10 days after the election of the new officers. Thereafter, the Post Executive Board shall meet at the call of the Commander at least once every month and as often as said Commander may deem necessary. The Commander shall call a meeting of the Post Executive Board upon the written request of nine (9) or more members of the Post Executive Board. One-half (50%) of the normal members present at a Board meeting shall constitute a quorum thereof.
Section 5. The Executive Board shall:
• Approve or disapprove actions taken by the Social Center Committee regarding hiring or terminating employees. This will occur at the first scheduled Executive Board meeting after the Social Center Committee has taken action.
• Approve and authorize expenditures for Post operations and maintenance. Day-to-day operations and maintenance are under the authority of the Social
• All expenditures above $1,000 must be approved by majority vote of the General Membership. An exception to this rule will be the emergency purchase of devices or facilities which could affect the health or safety of the membership.
• Have final approval for contracts, goods or services as may be required for Post operation.
• Have charge of and be responsible for management in all affairs of the Post.
• Hear the reports from all Committee Chairmen.
• Determine to what extent persons handling or having custody of Post or Social Center funds are bonded.
A decision made by the Executive Board which is discussed and disapproved by a majority of the members present at the Post General Membership meeting shall be returned to the Executive Board for review at their next meeting.
Article IV – Elections.
Section 1. The Annual Election will be conducted on the date of the Post General Membership meeting during the month of May. Voting hours will be between 7 AM and 6 PM. All candidates’ posters will be allowed at a location designated by the Post Commander.
Section 2. Election of the Commander, First Vice Commander, Second Vice Commander, Finance Officer, and the four Executive Committeemen shall be by
secret ballot. Members voting must show their Post membership card and sign in on the Membership register to be checked off the official Post Roster prior to voting. The ballots will be counted immediately following the election by the Ballot Committee in the presence of the Sergeant at Arms. The results will be entered in the minutes of the General Membership Meeting (GMM) and shall be kept as a permanent record.
Section 3. The election results will be presented to the Adjutant to be read, including the number of votes received by each candidate, at the Post general
membership meeting that night.
Section 4. Any member who will be absent from the immediate area on Election Day may vote by absentee ballot. Absentee ballots will be available one (1) week
after nominations of officers are closed. A written request to the adjutant must be made, signed and include your membership number.
Article V – Removal from Office.
Section 1. A vacancy will be declared whenever a member of the Executive Board incurs two (2) consecutive unexcused absences from the Executive Board or
General Membership meeting; when an elected officer submits a resignation; or as directed by in Article V, Section 9 of the Post Constitution. An excused absence is only granted by the Commander.
Section 2. Elected member will be replaced by an election held at a Post General Membership meeting. Nominations for vacancies will be taken at the Post General Membership meeting following a vacancy. If only one person is nominated, a hand vote is sufficient. Two or more nominations will result in a secret ballot and the results will be read by the Adjutant, including the number of votes for each individual nominated.
Section 3. The Commander will replace appointed officers at his/her discretion subject to rejection by a majority vote of the members present at the Post General
Section 4. Elected or appointed replacements will serve the duration of the applicable office.
Article VI – Duties of the Officers.
Section 1. Commander: It shall be the duty of the Post Commander to preside at meetings of the Post and to have general supervision over the business and affairs of the Post. He/she shall approve all orders directing disbursement of funds and make an annual report covering the business of the Post for the year and make recommendations for the ensuing year, which shall be read at the last presiding meeting, and a copy thereof be immediately forwarded to the Department Adjutant. He shall perform such other duties as directed by the Post.
Section 2. First Vice Commander: The First Vice Commander shall assume and discharge the duties of the office of the Commander in the absence or disability of, or when called upon by the Post Commander. The First Vice Commander shall act as the Food Service Coordinator. The includes the coordination, in conjunction with the Volunteer Coordinator, of the housekeeping, janitorial and set up requirements to meet the established schedule of scheduled food service. The Post events shall have precedence over all other entities. This officer shall report directly to the Post Commander on all such functions. The Post Commander will provide a detailed job description to this officer. The First Vice Commander also coordinates with the Finance Officer regarding fiscal matters and to the Commander or his designee regarding matters associated with post activities. The First Vice Commander will serve as Membership Committee Chairman and other duties as outlined in the Officers Guide, American Legion.
Section 3. Second Vice Commander: It shall be the duty of the Second Vice Commander to assume and discharge the duties of the office of the Commander
or the First Vice Commander in the absence of, or when called upon by the Post Commander. This Officer will also coordinate with other entities within the Post to ensure that there is no overlap of special events. This includes the coordination, in conjunction with the Volunteer Coordinator, of the housekeeping, janitorial and set up requirements to meet the established schedule of the Social Center. The Second Vice Commander shall act as the Social Center Coordinator and be responsible for all special events held on Post property. This will include the scheduling of entertainment, hall rentals and any other special functions. The Post events shall have precedence over all other entities. The Officer shall report directly to the Post Commander on all such functions. The Post Commander shall provide a detailed job description to this Officer. The Second Vice Commander also coordinates with the Finance Officer regarding fiscal matters; and to the Commander or his designee regarding matters associated with Post activities. The Second Vice Commander will also function as the Chairman of the House Committee with special duties of coordinating (by delegation if so chosen), entertainment and fund-raising efforts, promote welfare and perform other duties as outlined in the Officers Guide, American Legion.
Section 4. Post Adjutant: The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the
Department and National organization may require, render reports of membership annually or when called upon at a meeting and under the direction of the
Commander, handle all correspondence of the Post.
Section 5. Finance Officer: The Finance Officer of the Post shall have charge of all finances and see that they are safely deposited in some local bank or banks
and shall report once a month to the Executive Board the condition of the finances of the Post with such other recommendations as he may deem expedient for their raising of funds with which to carry on the activities of the Post. The Finance Officer shall maintain a Reserve Fund of $150,000. This Fund will only be used in emergencies when no other funds are available. This Fund may not be used for building expansion, new construction, capital investments or anything not required for Post operation. Expenditures from the Reserve Fund shall require two thirds vote of the Executive Board and the General Membership. The Finance Officer will normally sign the checks disbursing the money of the Post. The Finance Officer will hire and discharge finance office personnel with consultation and approval of the Social Center Committee pending final action of the Executive Board.
Section 6. Historian: The Post Historian shall be charged with the individual records and functions of the Post and Post members and shall perform such duties
as may properly pertain to the office as may be determined by the Post of the Executive Board. The Historian will supervise all post public affairs activities.
Section 7. Chaplain: The Post Chaplain shall be charged with the spiritual welfare of the Post Comrades and will offer divine but nonsectarian service in the event of dedications, funerals, public functions; etc. Adheres to such ceremonial rituals as Post Everlasting as are recommended by the National and Department Headquarters from time to time. In addition to duties as described in the Officers Guide, the Color Guard and Honor Guard Committee Chairman shall meet and coordinate all activities for all requested ceremonies with the Chaplain.
Section 8. Sergeant at Arms. The Sergeant at Arms shall preserve order at all meetings and shall perform such other duties as may be, from time to time,
assigned to him/her by the Post Executive Board. The Sergeant at Arms will prepare meeting places to assure all devices and facilities relative to meeting
ceremonies are available for use.
Section 9. Service Officer: The Service Officer shall supervise all matters pertaining to service to Comrades in the prosecution of all just claims against the
United States or State Governments, employment, relief, etc. The Service Officer keeps the Post members appraised of Legislative action affecting the benefits and rights of Veterans.
Section 10. Judge Advocate: The Judge Advocate shall provide guidance to the Post concerning matters of a legal nature in Post operations, procure legal counsel when required to do so by the Executive Board, act as parliamentarian at Post meetings, and act as Chairman of the Post and Social Center Audit Committees. The Judge Advocate presides at all hearings or trials resulting from an expelled or suspended member requesting reinstatement.
Section 11 (added 16 May 2023): The Color Guard Captain shall coordinate with the Commander and Chaplain in regards to Memorials, Flag Raisings and any
other such events as requested or needed.
Section 12. Executive Committee persons: These four (4) elected Officers are Executive Board Members at Large representing the General Membership. A such, they are the voice of the General Membership in the conduct of Post affairs. They can expect to be a part of key committees and take the lead when required for special projects. They will have the responsibility for: a.) Flag disposal and; 2.) Post representation at the Northwest Valley Veterans Association (NWVVA) meetings each month.
Section 13. Duty Officer: Assigned at the discretion of the Commander. The purpose of this position is to provide on-site representation of Post 62 for the
comfort and convenience of the General Membership.
Article VII – Delegates.
Section 1. The Commander, Commander-Elect and Adjutant shall automatically be the first delegates to the Department Convention. The remaining delegates and alternates to be approved by the membership at the Post General Membership meeting to be held at least twenty (20) days prior to the date of such convention.
Section 2. Delegates may be reimbursed for certain expenses, providing they actively participate in Department Convention activities and sessions. Limits of
reimbursement will be established by the Executive Board and approved by the membership, however, any Post member who is either a Department or District
officer and is receiving reimbursement form the Department or District shall be ineligible for reimbursement from the Post. Delegates must attend daily sessions and all other meetings designated by the Commander to receive reimbursement. A written report on sessions must be given to the Adjutant prior to reimbursement with approval of the Commander.
Article VIII – Committees.
Section 1. These shall be appointed annually by the Post Commander, with the advice of the Executive Board, the following standing committees: Membership,
Life Memberships, House, Finance, Audit, Publicity, Service/Welfare, Americanism and such other committees as may be required and/or authorized by the Post. All standing committees will consist of a designated chairman and such other members as deemed appropriate hereof. These standing committees must
be approved by the General Membership. The Post Commander shall be an ex-officio member of all committees.
Section 2. Membership Committee: Chaired by the First Vice Commander, the Membership Committee shall be responsible for ensuring new members are
presented for acceptance at the next Post General Membership meeting after eligibility has been determined by the Adjutant and introducing new members for
initiation. Ensuring follow-up action is taken on delinquent members to determine reason for delinquency. Furnish membership reports to the Executive Board each month.
Section 3. Finance Committee: Chaired by the Finance Officer and will consist of four (4) other Post members. They shall be charged with the administration of the financial policy preparation of the budget, recommendation and supervision of receiving, disbursing and accounting of all Post revenues.
Section 4. Publicity Committee: The Publicity Committee, chaired by the Historian, shall be charged with the promotion of public support of the Legion’s program by establishment of proper contact with the American Legion magazine, Departmental and National News Service, and by local publicity of the Post programs and activities.
Section 5. Service Committee: Chaired by the Service Officer who shall supervise all matters pertaining to the service to Comrades in the prosecution of all claims against the United States or State government; employment relief, etc.
Section 6. House Committee: Chaired by the Second Vice Commander, and consisting of four (4) other non-Executive Board members that are nominated by
the Second Vice Commander and approved by the Commander, shall oversee the operations of the Post of the Post Home. The Chairman shall vote on issues as a tie-breaker only. The Committee will act as an avenue to bring members/s grievances or suggestions for change and improvement to the Executive Board.
They will monitor the state of repairs to Post facilities, equipment and building. They will recommend to the Executive Board alterations and changes to improve services to the membership. They will recommend changes in cost of food and beverages served in the post. The Executive Board will act on and respond to each recommendation made by the House Committee. The House Committee will meet as needed on the first Tuesday of every month at a time prescribed by the Second Vice Commander. The time of the meeting will be posted on the Social Center bulletin board for the benefit of the General membership.
Section 7. Social Center Committee: Chaired by the Post Commander and consisting of the First Vice Commander, the Second Vice Commander, and the
Finance Officer, this committee shall have oversight on all social functions within the confines of the Post. They will act in concert with one another. No single
committee member shall have the final authority without prior consultation of the other committee members. The Commander will break all tie votes. This committee shall also act in concert with the volunteer coordinator concerning housekeeping, bingo program, janitorial and set-up requirements. This committee shall also monitor the state of repairs to Post facilities, equipment and physical plant. They will recommend changes in the cost of food and beverages served at the Post for approval by the Executive Board and shall meet as necessary. The Social Center Committee will be responsible for the hiring and discharging of employees, subject to Article III, Section 5-A.
Section 8. Audit Committee: Chaired by the Judge Advocate and consisting of three (3) additional members appointed by the Commander, the committee shall conduct an audit of the financial records and accounts pertaining to all post activities within a thirty (30) day period immediately preceding the annual election. They shall present the results of the audit to the Executive Board for approval.
Section 9. Nomination Committee: The Nomination Committee Chairman will be appointed by the Commander as needed prior to the annual Post Election. The Chairman will select two (2) members to form a Nomination Committee. The Committee will establish a slate of candidates and present their recommendations to the General Membership on the third Tuesday of April at the scheduled membership meeting. The Nomination Committee is not a standing committee; the Chairman and members may change each year.
Section 10. Entertainment Committee: The Entertainment Committee shall consist of members of the House Committee and any others approved by the Second Vice Commander. The Committee will select forms of entertainment, such as bands, acts and other groups in support of Post and Social Center events.
Section 11. Life Membership: The Commander will be the Chair of this Committee consisting of two (2) Board Members and two (2) other non-Executive Board Members. All four (4) members to be chosen by the Commander and approved by the General Membership. This Committee will process the Life Membership nomination in accordance with Article IV Section 8 of the Constitution. If a member of the Committee is nominated, that person will abstain from participating in processing of that nomination.
Section 12. This Post shall be regarded as having a Post Color Guard, when said Color Guard consists of no less than four (4) members. The Captain of the Color Guard and Honor Guard shall coordinate all ceremonies and events with the Post Chaplain. The Color Guard shall have an Assistant to the Captain when the Captain is absent.
Article IX – Resolutions.
Section 1. All resolutions of State or National scope presented to this Post by a member or reported to this Post by committee shall merely embody the opinion of the Post on the subject and a copy of same shall be forwarded to the Department for its approval before any publicity is given or action other than mere passage by the Post is taken.
Article X – Meetings.
Section 1. The Executive Board meeting shall be held on the second (2nd) Tuesday of each month at 6 PM or as designated by the Commander with sufficient advanced notice. All business transactions and matters pertaining to the management of the Post will be acted upon during this meeting. A special meeting of the Board can be called by the Commander or at the written request of nine (9) or more Board members.
Section 2. The General Membership meeting shall be held on the third (3rd) Tuesday of each month at 6 PM or as designated by the Commander with sufficient advanced notice. Twenty (20) members/officers present at the meeting will constitute a quorum.
Section 3. The Commander, with the approval of the Executive Board and a majority vote of the General Membership in attendance at the General Membership meeting may cancel a meeting or meetings, provided sufficient advance notice is made.
Article XI – Notices.
Section 1. Every member shall furnish the Post Adjutant with their address for mailing purposes. All membership information shall be protected and used only for official Post business.
Section 2. The Post Adjutant shall cause notice to be given of the annual election meeting at least two (2) weeks prior thereto.
Article XII – 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 XIII – House Rules. The following House Rules are to guide the conduct of Post attendees.
• The facilities are for the current members and authorized guests only. All guests eligible for membership in the American Legion are asked to join.
Those electing not to do so will have visitation privileges discontinued after three (3) visits in one year. Guests not eligible to join do not have this
• Loud and boisterous language, profanity, physical alterations, verbal abuse or intent to do bodily harm will not be tolerated under any circumstances.
• Members will be responsible for the conduct of their guests, and guests must leave when the sponsor leaves.
• Gambling, as defined by Arizona State liquor laws, is strictly prohibited on Post property. There will be no exceptions to this rule.
• Check cashing privileges are limited to $50 per day for Post 62 members and $25 per day for visiting Legionnaires. No second party checks are accepted. Returned checks will be subject to a $30 processing fee, loss of check cashing and bar privileges. Bar privileges may be restored after
restitution is made.
• Bar tabs will be permitted with use of credit or debit cards only.
• Minors on the Post premises must be under the supervision of a parent or guardian at all times. This parent or guardian will be responsible for the
• Members or guests will not operate, adjust or manipulate Post cooling, heating or light fixtures not operate personal radios, tape players, or phone
recordings in the lounge or dining area.
• Only notices or information approved by the Social Center Committee, the Auxiliary President, the Squadron Commander and the Legion Riders
President will be posted on Post bulletin boards. All notices or information must be posted under the appropriate sections of the bulletin board.
• Members suggestions, comments or complaints will be directed in writing to a member of the House Committee.
• Last Call service will be thirty (30) minutes prior to the scheduled closing time. No more than two (2) drinks per customer may be on the bar at any
• Service shall be refused to any person as may be determined by the bartender(s) on duty.
• Recruitment of members for organizations other than the American Legion will not be permitted on Post premises.
• Paid Post employees will refrain from internal political lobbying. Such actions can result in dismissal from employment by this Post.
• Suspended members will not be authorized to participate in any Post function except Post Membership meetings.
• No person may enter the Social Quarters with a firearm, concealed or unconcealed, unless an officer of the law on duty, or hired security officer, or
member of the Post Color Guard or Post Honor Guard.
• There will be no smoking or vaping within the building at any time. There will be no chewing of tobacco products in American Legion Post 62, including
the bar area. Any chew material should be disposed of in proper containers prior to entering the Post.
• Post 62 is a private organization in the eyes of the law and is formed with this in mind. In that position, Post 62 House Rules state that any member or
guest that enters or uses Post 62 facilities has been made aware that Post 62 allows still photography, videoing, and recording of any and all activities
within the Post facilities without indemnification.
Article XIV – Disciplinary.
Section 1. A member’s Social Center privileges may be suspended for violation of House Rules. The period of suspension or other disciplinary action deemed appropriate will be determined by the House Committee, ratified by the Executive Board for vote of the General Membership present at the Post Membership meeting. A majority vote supports the House Committee and Executive Board actions.
Article XV – Limitations of Liabilities.
Section 1. No individual of the Post will be subject to liability for actions taken in the line of duty and management of the Post operations. We will stand in this regard as a Corporation and only be obligated as a Corporation.
Article XVI – Contracts.
Section 1. No Post member or employee will enter into a contract, written or verbal, which commits Post Funds without the approval of the Executive Board. This excludes normal operating requirements.
Article XVII – Amendments.
Section 1. These By-Laws may be amended at any regular Post General Membership meeting by a vote of the majority of members attending such meeting, provided that the proposed changes shall have been submitted in writing and provided further that written notice shall have been given to members as least fourteen (14) days in advance of the date when such amendment is to be voted on; notifying said members that at such meeting a proposal to amend the By-Laws is to be voted on.
Section 2. In the event a particular flaw of limitation identified and proven in a single article or section of these Post By-Laws is found through reasonable use and process, a mechanism to temporarily suspend the By-Laws by a majority vote of the membership is provided herein until such time By-Laws can be amended according to Article XVII, Section 1.
These By-Laws are revised and updated as of October 9, 2018; and Accepted by the Executive Committee and Post General Membership on December 18, 2018. Commander Tom McClain; Judge ADvocate Ken Ellison, Adjutant David S. Broyles.
Last Updated: 18 Apr 2023 – Article VI, Section 11 added; approved by GMM 15 May 2023
POLICY BRIEF & PURPOSE FOR SEXUAL HARASSMENT
Our sexual harassment policy aims to protect men and women in our company from unwanted sexual advances and give them guidelines to
report incidents. We will also explain how we handle claims, punish sexual harassment and help victims recover.
We won’t tolerate sexual harassment in our workplace in any shape or form. Our culture is based on mutual respect and collaboration. Sexual
harassment is a serious violation of those principles.
This policy applies to every person in our company (yes, Post 62 is a company) regardless of gender, sexual orientation, level, function, seniority, status or other protected. We are all obligated to comply with this policy.
What is sexual harassment?
Sexual harassment has many forms of variable seriousness. A person sexually harasses someone when they:
• Comment on someone’s looks, dress, sexuality or gender in a derogatory or objectifying manner or a manner that makes them uncomfortable.
• Make obscene comments, jokes or gestures that humiliate or offend someone.
• Pursue or flirt with another person persistently without the other person’s willing participation. Also, flirting with someone at an inappropriate time (e.g. in a team meeting) is considered sexual harassment, even when these advances would have been welcome in a different setting. This is because such actions can harm a
person’s professional reputation and expose them to further harassment.
The most extreme form of sexual harassment is sexual assault. This is a serious crime and our company will support employees who want to press
charges against offenders.
Our company’s rules on sexual harassment.
• No one has the right to sexually harass our employees. Any person in our company who is found guilty of serious harassment will be terminated, whether they are Executive Board members or assistants. Also, if representatives of our contractors or vendors sexually harass our employees, we will demand that the company they work for takes disciplinary action and/or refuse to work with this person in the future.
• Sexual harassment is never too minor to be dealt with. Any kind of harassment can wear down employees and create a hostile workplace. We will hear every claim and punish offenders appropriately.
• Sexual harassment is about how we make others feel. Many do not consider behaviors like flirting or sexual comments to be sexual harassment, thinking they are too innocent to be labeled that way. But, if something you do makes your colleagues uncomfortable, or makes them feel unsafe, you must stop.
• We assume every sexual harassment claim is legitimate unless proven otherwise. We listen to victims of sexual harassment and always conduct our investigations properly. Occasional false reports do not undermine this principle.
• We will not allow further victimization of harassed employees. We will fully support employees who were sexually harassed and will not take any adverse action against them. For example, we will not move them to positions with worse pay or benefits or allow others to retaliate against them.
• Those who support or overlook sexual harassment are as much at fault as offenders. Managers and Executive Board members especially are obliged to prevent sexual harassment and act when they have suspicions or receive reports. Letting this behavior go on or encouraging it will bring about disciplinary action. Anyone who witnesses an incident of sexual harassment or has other kinds of proof should report to the Executive Board.
How to report sexual harassment.
If you are being sexually harassed (or suspect another person is being harassed), please report it to [JAG or Executive Board member.] In serious cases like sexual assault, please call the police and inform the JAG that you plan to press charges. We acknowledge it’s often hard to come forward about these issues, but we need your help to build a fair and safe workplace for you and your colleagues.
If you want to report sexual harassment within our company, there are two options:
• Ask for an urgent meeting with your [JAG or Executive Board.] Once in the meeting, explain the situation in as much detail as possible. If you have any hard evidence (e.g. emails), forward it or bring it with you to the meeting.
• Send your complaint via email. If you address it to your supervisor, please cc JAG to the email and attach any evidence or information that can be used in the investigation. JAG and your supervisor will discuss the issue and contact you as soon as possible.
If you report assault to the police, our company will provide any possible support until the matter is resolved. In any case, we will ensure you are not victimized and that you have access to relevant evidence admissible in court, like security video footage or emails (without revealing confidential information about other employees.)
Sometimes, people who harass others do not realize that their behavior is wrong. We understand this is possible, but that doesn’t make the perpetrator any less responsible for their actions.
If you suspect that someone doesn’t realize their behavior is sexual harassment under the definition of this policy, let them know and ask them to stop. Do so preferably via email so you can have records. Please do not use this approach when:
• Your manager, an upper manager, investor or customer is the perpetrator.
• Sexual harassment goes beyond the boundaries of off-hand comments, flirting or jokes.
In the above cases, report to JAG as soon as possible.
Disciplinary action and repeat offenders.
Employees who are found guilty of sexual assault will be terminated after the first complaint and investigation.
Employees who are found guilty of sexual harassment (but not assault) the first time may:
• Be reprimanded.
• Get a “below expectations” performance review.
• See expected promotions and/or salary increases freeze for [a year.]
We may also transfer harassers or take other appropriate action to protect their victims. We will terminate repeat offenders after the second claim against them if our investigation concludes they are indeed guilty.
We apply these disciplinary actions uniformly. Employees of any sexual orientation or other protected characteristics will be penalized the same way for the same offenses.
Executive Board responsibilities
First and foremost, JAG and managers should try to prevent sexual harassment by building a culture of respect and trust. But, when sexual harassment occurs and an employee makes a complaint, both JAG and managers must act immediately.
Managers should talk to JAG and explain our company’s procedures to their team member who made the complaint.
When JAG receives a complaint that an employee harasses another employee, they will:
• Ask for as many details and information as possible from the person or people making the complaint.
• Keep copies of the report with dates, times and details of incidents and any possible evidence in a confidential file (separate from the personnel file.) JAG should update this file with all future actions and conversations regarding this complaint.
• Launch an investigation. If the matter is complex, the JAG person can defer to a more senior manager.
• Check if there have been similar reports on the same person. If there are, JAG should contact the perpetrator’s manager to let them know that their team member may get fired when the investigation is over.
• Inform the harassed employees of our company’s procedures and their options to take legal action if appropriate.
• Take into account the wishes of the harassed employee. Some might want the matter to be resolved informally and discreetly, while others might expect more radical actions (e.g. transferring the perpetrator.) JAG should consider the circumstances and decide on appropriate action.
• Contact the harasser and set up a meeting to explain the complaint and explicitly ask for this behavior to stop,...or,
• Arrange for mediation sessions with the two employees (harasser and perpetrator) to resolve the issue, if the harassed employee agrees...or,
• Launch a disciplinary process depending on the severity of the harassment. In cases of sexual assault or coercing someone to sexual favors under threats, we will terminate the harasser immediately. We will terminate employees who are found guilty in a court of law of sexually assaulting another employee, even if JAG has not conducted its own investigation.
JAG or managers must not, under any circumstances, blame the victim, conceal a report or discourage employees from reporting sexual harassment. If JAG or a manager behaves that way, please send an email to their own manager or the JAG explaining the situation.
We welcome any feedback or complaints about our procedures and how our employees handled each case.
Helping harassment victims
Apart from investigating claims and punishing perpetrators, we want to support the victims of sexual harassment. If you experience trauma, stress
or other symptoms because of harassment, consider:
• [Taking a few days of sick leave to restore your mental health.]
• [Asking your insurance provider whether they cover mental health services.]
• [Talking to our EAP (Employee Assistance Program) Officer to evaluate options.]
• [Speaking to our designated counselors.]
Your job and benefits will not be jeopardized or altered if you choose any of those options or other means to recovery.
Speak up, we listen
Sexual harassment can exhaust those who endure it. Speaking up about this issue is often tough for fear of not being heard, upsetting managers
and challenging corporate culture.
Please don’t let these fears deter you. Our company will do everything possible to stop sexual harassment and any other kind of harassment from happening, while supporting harassed employees.
We need to know what’s going on so we can act on it. And by raising your voice on this issue, you help our company create a happy workplace and thrive.
POLICY BRIEF & PURPOSE OF THIRD-PARTY HARASSMENT
Our third party harassment policy aims to address employee harassment coming from people outside of our company. We won’t tolerate this kind of behavior, even if it means having awkward conversations with partners or losing business. Ensuring our employees are safe in our workplace is our first priority.
In this policy, we indicate how to recognize harassment and how to report incidents. We also explain how we investigate claims and protect victims.
This policy applies to everyone outside our company including vendors, investors, customers, contractors, shareholders and any other people we are connected to or do business with.
We aim to protect every employee, intern or volunteer regardless of level, function, seniority, status or protected characteristics like race, gender and
Harassment is any kind of behavior that humiliates, victimizes or threatens a person, like directing racial slurs and making sexual advances. Even seemingly harmless actions, like a customer calling an employee constantly outside work for non-emergencies and without prior agreement, can constitute harassment. Innuendos, veiled threats and inappropriate or offensive jokes are all included in our definition.
Harassment can happen in-person, over the phone, via email or through a messaging app. It can come from strangers or people you know. Anyone who objectifies, threatens or ridicules our employees is a harasser. We will describe our rules for dealing with these behaviors.
are responsible for substantial revenue. This causes the customer’s behavior to go unpunished and continue.
Please don’t hesitate to report a customer (or a customer’s employee) if they behave inappropriately and make your life difficult. Reporting them means that they won’t harass you anymore and that we will also have the chance to protect other employees who would come in contact with the harasser.
Report the customer to JAG via email or in-person and inform your manager of your report. If you have emails or other evidence, please attach them or bring them to JAG’s office. JAG will investigate your claim and contact the customer to ask them to change their behavior.
If the customer is a business, our JAG will do the following:
• Contact that Post JAG and file a complaint against the person who harassed you.
• Explicitly ask for that behavior to stop.
• Ask the customer-company to assign another person as your contact. We will push for this solution in three cases:
o If the harassment from that person has happened before to you or your colleagues.
o If the incident of harassment was severe (like a threat of violence or an explicit request for a sexual favor).
o If you tell us you don’t feel comfortable working with this person anymore.
We will also discuss possible solutions on our end. For example, we may remove you from that person’s customer account and assign you to an account of equal worth. If you needed to interact with that person in specific cases, we may assign another employee to fill in for you at those times. We will not penalize you or retaliate against you in any way. your working hours, salary/wage or other benefits won’t be affected.
If the customer-company ignores our report, or if the incident of harassment happens again and the customer seems unwilling to deal with the person responsible, we will dissolve our contract with that customer.
If the customer is an individual, we will refuse our products/services until they correct their behavior.
Harassment from prospective customers
Salespeople and marketers interact with prospects every day. If any of these prospects harasses you:
• Drop all interactions with them (like answering calls and sending emails) and report this to your manager. If somebody harassed you via email, forward those emails to your manager and our JAG for reference.
• Leave immediately if someone harasses you at an on-site meeting. Please call your manager as soon as possible to let them know. Your manager will make sure that your performance metrics won’t be affected due to a prospect’s inappropriate behavior. For example, you don’t have to continue speaking to a harasser so that you hit your individual targets.
If a prospect’s behavior negatively affects your goals (like revenue targets), talk to your manager. They will do everything possible to resolve this issue like assigning you to other prospects or lowering your daily or weekly targets to account for the missed opportunity.
After speaking to your manager, please mark that prospect as unqualified, so other employees won’t attempt to contact them later. This will help
prevent other employees from being exposed to the prospect’s behavior.
Harassment from vendors and contractors
Our harassment and anti-violence policies apply to our vendors and contractors. We will communicate them in writing whenever we sign a
contract with another business. If an employee of vendor or contractor harasses you, please report directly to JAG. Our JAG will:
• Report the person who harassed you to the vendor’s HR department.
• Demand that either this person stops this inappropriate behavior immediately or the vendor assigns a different employee to that position, depending on the severity of the harassment.
If harassment continues after our intervention or our vendor ignores our report, we will dissolve our contract with this vendor.
Involving the police
Our company will involve the police if a harasser stalks, assaults or verbally/ physically threatens an employee. This applies to all possible third-parties from customers to investors. When harassers seem dangerous (for example, if a harasser refuses to leave the premises and threatens you with physical violence), call the police before reporting to JAG.
We have an open door policy and we encourage our employees to share their concerns and thoughts with us. However, sometimes employees may
not feel comfortable reporting on harassment, whether it has happened to them or a colleague. This is why we expect managers to always be alert
and ready to spot harassment towards their team members.
If you suspect one of your team members is being harassed, talk to them to get more information. Assure them that they won’t be penalized for
reporting harassment from any source and that our company is committed to protect them from harassment.
Inform JAG of your conversation and act immediately to protect your team members (like assigning someone else to interact with the person
who harassed them until JAG’s investigation is complete).
Managers must also make sure their team members’ metrics won’t be affected.
When JAG receives a report about third-party harassment, they must:
• Ask for as many details and information as possible from the person making the complaint.
• Keep copies of the report with dates, times and details of incidents and any possible evidence in a confidential file. JAG should update
this file with all future actions and conversations regarding this complaint.
• Launch an investigation. JAG should always maintain professionalism when communicating with third parties, while also showing that they take the matter seriously and want to protect our employees.
• Inform the harassed employees of our company’s procedures and provide legal advice if appropriate.
• Take into account the wishes of the harassed employee. If an employee says they don’t want to interact with a harasser again, JAG should consult with that employee’s manager to find a solution that won’t penalize the employee.
JAG or managers must not, under any circumstances, blame the victim, conceal a report or discourage employees from reporting harassment. If JAG or a manager behaves that way, please send an email to their own manager or a senior leader explaining the situation.
We welcome any feedback or complaint about our procedures and how our employees handled each case.
Helping harassment survivors
We want to support the victims of harassment. If you experience trauma, stress or other symptoms because of harassment, consider:
• [Taking a few days of sick leave to restore your mental health.]
• [Asking your insurance provider whether they cover mental health services.]
• [Talking to our EAP (Employee Assistance Program) Officer to evaluate options.]
• [Speaking to our designated counsellors.]
Your job and benefits will not be jeopardized or altered if you choose any of those options or other means of recovery.
Help us keep our workplace safe
We all work best in environments where we feel safe and happy. We can’t control the behavior of people outside of our organization, but we can act to stop it. Please let us know whenever you are being harassed or witness others being the victims of harassment, whether the perpetrator is a customer, an employee or a partner.
UNIFORM CODE OF PROCEDURE - DISCIPLINE OF POST 62 MEMBERS
September 19, 2023 (Appendix E)
This document is a step-by-step procedure on how to bring charges against a Legionnaire. It is a way to ensure that the Accused is given proper notice and a fair hearing/trial. It describes the key duties of the post officers regarding the hearing/trail and preparations for the hearing/trial.
The American Legion
As amended By Judge Advocate Ken Ellison and Adjutant David Broyles, Post 62 email@example.com
1. Determining the appropriate penalty requires the same degree of care as is used in the initial inquiry into the offense.
2. The decision on what penalty is appropriate for a particular offense should be made considering the following: (Further guidance follows the table)
a) The nature and seriousness of the offense and if it was committed maliciously or frequently repeated.
b) Past disciplinary record.
c) The consistency of the penalty with those imposed upon other incidents for the same or similar offenses in like or similar circumstances.
d) The mitigating circumstances surrounding the offense such as unusual tensions, personality problems, mental impairment (Post Traumatic Stress Disorder, (PTSD)), harassment, bad faith, malice, or provocation on the part of others involved in the matter. In addition to penalty, consideration should be given to providing information for Veterans Administration (VA) services.
TABLE OF OFFENSES AND PENALTIES
Offense (Cause of Action) Penalties
1. Indecent or immoral conduct on Post 62 premises. 1ST OFFENSE: 60 – day Suspension to forfeit of Member Privileges. 2ND OFFENSE: 120 – day Suspension to forfeit of Member Privileges. 3RD OFFENSE: 120 – day or Forfeit of Member Privileges for one year.
2. Loss of damage to, unauthorized use of, destruction of Post Property. 1ST OFFENSE: Reprimand to 30 – day Suspension. 2ND OFFENSE: 60 – day Suspension to forfeit of Member Privileges. 3RD OFFENSE: 120 – day or Forfeit of Member Privileges for one year.
3. Theft (actual or attempted), unauthorized possession of Post property. 1ST OFFENSE: Reprimand to forfeit of Member Privileges. 2ND OFFENSE: 60 – day Suspension to Forfeit of Member Privileges. 3RD OFFENSE: 120 – day or Forfeit of Member Privileges for one year.
4. Fighting, threatening, or inflicting bodily harm, physical resistance to proper authority. 1ST OFFENSE: 30 – day Suspension to Forfeit of Member
Privileges. 2ND OFFENSE: 120 – day Suspension to Forfeit of Member Privileges. 3RD OFFENSE: 120 – day Suspension or Forfeit of Member Privileges for one year.
5. Quarreling or inciting to quarrel, use of abusive or offensive language, horseplay which interferes with work or customers, disorderly conduct, offensive language to or abuse of subordinates or other members. 1ST OFFENSE: Reprimand to 30 – day Suspension. 2ND OFFENSE: 60 – day
Suspension to forfeit of Member Privileges. 3RD OFFENSE: 120 – day or Forfeit of Member Privileges for one year.
6. Rude, discourteous conduct, discourtesy to others. 1ST OFFENSE: Reprimand to 30 – day Suspension. 2ND OFFENSE: 60 – day Suspension to forfeit of
Member Privileges. 3RD OFFENSE: 120 – day or Forfeit of Member Privileges for one year.
7. Making false, malicious, or unfounded statements against other employees or members with disregard for, or intent to, damage their reputation, authority, official standing, or position. 1ST OFFENSE: Reprimand to Removal or forfeit of Member Privileges. 2ND OFFENSE: 30 – day Suspension to
Removal or forfeit of Member Privileges. 3RD OFFENSE: 120 – day or Forfeit of Member Privileges for one year.
8. Organizing, promoting, or assisting in gambling or betting on Post premises. 1ST OFFENSE: Reprimand to 5 – day Suspension. 2ND OFFENSE: Reprimand to 10 – day Suspension. 3RD OFFENSE: 30 – day Suspension to Removal or forfeit of Member Privileges
9. Use or sale of an illegal or dangerous drug on Post premises. 1ST OFFENSE: 90 – day Suspension to Removal or forfeit of Member
Privileges. 2ND OFFENSE: 180 – day Suspension to Removal or forfeit of Member Privileges. 3RD OFFENSE: Forfeit of Member Privileges
10. Discrimination, action or inaction based on race, color, religion, sex, national origin, age, or marital status which affects an employee or Member, making insulting or disparaging racial remarks. 1ST OFFENSE: 30 – day Suspension to Forfeit of Member Privileges. 2ND OFFENSE: 60 – day
Suspension to Forfeit of Member Privileges. 3RD OFFENSE: 120 – day or Forfeit of Member Privileges for one year.
11. Sexual harassment. 1ST OFFENSE: 90 – day Suspension to Removal or forfeit of Member Privileges. 2ND OFFENSE: 180 – day Suspension to
Removal or forfeit of Member Privileges. 3RD OFFENSE: Forfeit of Member Privileges.
12. Reprisal, restraint, coercion, or interference with employee/member for use of these penalties. 1ST OFFENSE: 60 – day Suspension to forfeit of
Member Privileges. 2ND OFFENSE: 120 – day Suspension to forfeit of Member Privileges. 3RD OFFENSE: 120 – day or Forfeit of Member Privileges for
1. This Table of Offenses and Penalties is intended for use as a suggested guide. It provides a generally accepted relationship between the more common instances of misconduct and the usual penalties assessed in seeking to correct the concerned member or to remove the member where that is warranted to maintain a member/family friendly post.
2. The first column in the table lists general offenses together with explanations of matters covered. No attempt has been made to list every possible cause for disciplinary action. Many of the offenses in the table combine closely allied matters in one statement connected by the word “or.” Choose a single specific offense and state the charge in words appropriate to the specific nature of the offense.
3. A charge statement should not be qualified with such words as “willful” or “deliberate” inasmuch as it may become necessary to prove intent on the part of the accused. Also, care must be used in deciding to charge a member with an offense that is also a crime (e.g., “theft”) since the legal elements of the crime may have to be proven.
4. The second, third, and fourth columns in the table list penalties and are to be used for subsequent offenses. Subsequent offenses need not be of the same type as prior offense in order to warrant a more severe penalty.
5. When a series of offenses have been committed and action could not have been taken on each before another was committed, a more severe penalty may be assessed for the combined offenses than would be appropriate for any one single offense.
6. When an additional offense occurs following issuance of either a proposal or notice of decision on a disciplinary action, several options are open:
a. Ignore the incident if its inclusion would not substantially strengthen the action or result in proposing a more severe action.
b. Include the new offense in an amended proposed notice if no decision letter has been issued.
c. If a decision letter has been issued, cancel it, and begin with a new proposal including all charges to date.
7. When different, significant offenses occur in combination at the same time, and each offense is worthy of a separate charge, a more severe penalty may properly be assessed. Do not use multiple charges (shot-gunning) stemming from a single incident, or closed related incidents, in an effort to support a more severe penalty. Use separate charges arising within the same incident only if they have a separate, independent existence.
8. Previous offenses used to support a more severe penalty; must be documented and been processed through this procedure.