THE AMERICAN LEGION DEPARTMENT OF TEXAS

CONSTITUTION

OF EL PASO EASTWOOD POST NO. 36

EL PASO, TEXAS


PURPOSE
The purpose of this organization is to foster and to perpetuate a one hundred percent Americanism, to preserve the memories and incidents of our association in the Great Wars; to inculcate a sense of individual obligation to the community, state, and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to posterity the principles of justice, freedom, and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness; to maintain law and order, a representative form of government, and to uphold and defend the Constitution of the United States and of the State of Texas.

ARTICLE I - NAME
Section 1. The name of the organization shall be El Paso Eastwood Post No. 36, The American Legion, Department of Texas. The charter of incorporation was filed in the office of the Secretary of the State of Texas under Charter No. 002762755-1. The Supplemental charter issued by the National American Legion is hereby adopted as the charter of this Post.


ARTICLE II - OBJECTS
Section 1. The objects and purposes of this Post shall be to promote the principles and policies as set forth in the foregoing purpose and the National and Departmental Constitutions of The American Legion.
ARTICLE III - NATURE
Section 1. This Post is a civilian organization, and membership therein does not affect or increase liability for military or police service.
Section 2. This organization shall be absolutely non-political and shall not be used for the promoting or retarding 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/her military or naval title in any meeting of this Post.

ARTICLE IV-MEMBERSHIP
Section 1. Eligibility to membership in this Post shall be as prescribed by the National Constitution of The American Legion and the Constitution and By-Laws of The American Legion under the provisions and authority granted by the Department of Texas Constitution Article Post Section 6 and By-Laws of the American Legion, Department of Texas, and as further stated in this Constitution and By-Laws.

Section 2. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Committee.

Section 3. All applications for membership in a Post shall be acted upon at the next Post Membership meeting following the making of such application, and shall at such meeting, be accepted, rejected, or referred for further investigation and consideration. If a majority or more of the Post Membership cast their vote against the acceptance of such application, then such application shall be recorded as rejected.

Section 4. Any member of this Post may be expelled for cause by two-thirds (2/3) vote of the Executive Committee after charges are preferred under oath in writing, and a fair trial is had upon the same, under the rules and regulations of the Department of Texas and the Uniform Code of Procedure of the Department of Texas and Article IV, National By-Laws of The American Legion.

Section 5. If the accused is convicted, his/her membership is suspended until his/her final appeal is heard and a decision is rendered; and if he/she is expelled by the decision, he/she shall not be eligible for membership in this Post for one year from the date of expulsion, and then only in the event his/her application for reinstatement is approved in the manner in which memberships are approved in that Post.

Section 6. No person who has been expelled by a Post shall be admitted to membership in this Post, without the consent of the expelling Post, until after a year has elapsed since his/her expulsion, and then only in event his/her application for reinstatement is approved in the manner in which memberships are approved in that Post.

ARTICLE V - OFFICERS
Section 1. The administrative affairs of this Post of The American Legion shall, except as may be otherwise provided by the By-Laws, be under the supervision of an Executive Committee which shall consist of at least two members in addition to the Officers of the Post. The tenure of office of members of the Executive Committee shall be for 1 year. This Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.

Section 2. The officers of is Post shall be:
Commander 1st Vice Commander
2d Vice Commander 3d Vice Commander
Adjutant Finance Officer
Judge Advocate Post Historian
Post Chaplain Sergeant-at-Arms
Service Officer
and such other officers as may be deemed necessary by this organization.

Section 3. A nominating committee shall be appointed by the Executive Committee, who shall report their nominations to the regular monthly meeting next preceding the annual election of officers. Nominations may also be made from the floor at such meeting, and again at the meeting for the annual election. The Nominating Committee shall verify that all nominees are in good standing with this Post and their qualifications are met by presenting a copy of their DD Form 214 or other separation document to the committee prior to their nomination.

Section 4. All Officers and Executive Committee persons shall be elected annually by majority vote on written ballots, at a Post meeting held in June and installed at a special meeting, as may be designated by the Executive Committee, as soon as practical after the annual election, but not later than 30 June . A member of Post 36 may authorize proxy voting for him/her self or by another member of the same Post in the General Election, said proxy shall be in writing and signed by a member issuing the ballet. Only those members holding current calendar year membership cards shall have the privilege of vote in the election. They shall hold office until their successors are duly installed or as other wise provided. Any Officer or Executive Committee person may be removed for cause by the Executive Committee, a two-thirds (2/3) vote of said Committee being necessary to effect such a removal. An Officer once removed from any Post Office is permanently ineligible or bared from holding or serving in any office of the Post. The membership shall be entitled to be present at the Post Executive Committee meeting without voice or vote. The decision of the Post Executive Committee shall be subject to the approval or reversal of the post membership at the next regular Post meeting where a quorum is present.
Section 5. The duties of Officers and the Executive Committee shall be those usually appertaining of such Officers or Committee persons and as further provided in the By-Laws.

Section 6. Officers and Executive Committee persons are expected to attend the regular meetings of the Post and the Executive Committee. Failure of any Officer or Executive Committee person to attend three successive meetings, without reasonable cause having been furnished the Adjutant or Commander, shall be cause for forfeiture of said office. The Executive Committee shall decide, when an Officer by his/her failure to' attend three successive business meetings has forfeited his/her right to continue in office, when or whether to declare such office vacant, and when to order an election to fill the vacancy.

Section 7. In case of vacancy in any office for any cause, the said vacancy shall be filled at any regular meeting by the appointment of the Post Commander and approved by a majority of the Executive Committee in attendance; the appointed officer will hold that position until the regular post election in June.

ARTICLE VI-FINANCE
Section 1. The revenue of this Post shall be derived from membership or initiation fees, from annual membership dues, and from other such sources as may be approved by the Executive Committee and sanctioned by the Post.

Section 2. The amount of membership or initiation fees and the amount of annual dues shall be fixed and determined by this Post.

Section 3. The Post shall pay to Department Headquarters the National and
Departmental annual membership dues not more than 30 days from receipt thereof for
every member of the Post.


ARTICLE VII-CHARTER MEMBER
Section 1. All members listed as Charter Members of EI Paso Post Number 36 and all members listed as Charter Members of the former Eastwood Post Number 553, shall be Charter Members of this Post.

ARTICLE VIII-AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of El Paso Eastwood Post No. 36, The American Legion.

Section 2. Membership in the Auxiliary shall be as prescribed by the National and Department of Texas Constitution and By-Laws of The American Legion.

ARTICLE IX-AMENDMENTS
Section 1. This Constitution is adopted subject to the provisions of the National Constitution of The American Legion, Department of Texas. Any amendment to said National Constitution or Department Constitution which is in conflict with any provisions 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 meeting by a vote of two-thirds of the members of said Post attending such regular meeting; provided that the proposed amendment shall have been submitted in writing to the Executive Committee in session and approved by it; or if rejected, in whole or in part, it may be taken to a regular Post meeting on a minority report; and provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post; and provided further, that written notice shall have been given to all members at least 5 days in the advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the Constitution is to be voted upon.

Section 3. Anything not covered by this Constitution shall be governed by the Constitution of the Department of Texas.

ARTICLE X-REAL PROPERTY
Section 1. Real property owned by the Post may be sold, leased, or otherwise disposed of, where control of said property is involved, at any regular meeting by a vote of two-thirds of the Post members attending a regular meeting, provided that the proposal shall have been submitted in writing, after approval by a majority of the Executive Committee, if there be an Executive Committee, and further after approval by a majority of the Board of Trustees, and read at the preceding regular meeting of the Post, and provided further that notice shall have been given all members by mail at least 15 days in advance of the date when such proposal is to be voted upon and that notice is given in the local press and radio and that it is posted on the Post bulletin board in the same time limits prior to the actual voting on the proposal. Prior to any action taken concerning real property being sold, leased, or otherwise disposed of, the Post Commander shall notify the American Legion, Department of Texas, of the proposed action.

THE AMERICAN LEGION

BY-LAWS

DEPARTMENT OF TEXAS

OF EL PASO EASTWOOD POST NO. 36

EL PASO, TEXAS


ARTICLE I -NAME

Section 1.

The Post, existing under these By Laws, is to be known as EI Paso Eastwood Post No. 36, The American Legion, Department of Texas.

Section 2.

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

ARTICLE II -MANAGEMENT

Section 1.

The government and management of the Post is entrusted to an Executive Committee which shall consist of at least two members, whose duties shall be set forth by the Commander and Executive Committee, in addition to the Officers of the Post and shall be elected annually as provided in Article V, Section 4, in the Constitution; and all shall take office immediately upon installation. The previous year's Post Commander, if not re-elected, shall also be a non-elected officer of the Committee with rights to vote.

Section 2.

The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander within 10 days after the installation of the new officers, but not later than 30 June. At that time the Executive Committee shall formulate a budget for their term of office and present it at the next general membership meeting for approval Committee. Thereafter, the Post Executive Committee shall meet at the call of the Commander at least once per month and as often as said Commander shall deem necessary. The Commander shall call a meeting of the post Executive Committee upon the joint written request of three or more members of said Post Executive Committee; a majority of the members of the Committee shall constitute a quorum thereof.



Section 3.

The Post Executive Committee shall approve the hire and fire of such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of Post funds; shall cause all funds to be placed in the hands of the Adjutant and Finance Officer for deposit and accounting purposes; shall hear the reports of Post Committee Chairpersons, and generally, shall have charge of and be responsible for the management of the affairs of the Post. At the end of each fiscal year, an audit committee shall be appointed with the Judge Advocate as Chairperson to conduct a complete audit of Post records before turning them over to the new Finance Officer. Except for the hiring and firing of employees, and matters of discipline, all actions of the Executive Committee will be submitted for approval to the membership at the next regular membership meeting.

ARTICLE III-DUTIES OF OFFICERS

Section 1. Duties of the Post Commander:

It shall be the duty of the Post Commander to preside at all meetings of the Post and to have general supervision over the business and affairs of the Post, and such Officer shall be the Chief Executive Officer of the Post. He/She shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the Post for the year, and recommendations for the ensuing years, which shall be read at the annual meeting; and a copy thereof immediately forwarded to the Department Adjutant. He/She shall see that the Post Constitution and these By-Laws are observed. He/She shall Chair the Convention City Committee. He/She shall perform such other duties as are directed by the Post.

Section 2. Duties of the 1st Vice Commander:

The 1st 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. He/She shall also be responsible for and chair the Membership Committee to procure new members, reinstatements and affirm the eligibility of members.

Section 3. Duties of the 2d Vice Commander:

In the absence of both the Commander and 1st Vice Commander, as described in Section 2 of this Article, the 2d Vice Commander shall perform the duties therein described for the 1st Vice Commander. He/She will also be responsible for and chair the Entertainment Committee who shall have charge of all matters pertaining to the arrangement of social activities and entertainment for the Post.

Section 4. Duties of the 3d Vice Commander:

In the absence of the Commander, 1st and 2d Vice Commander, as described in Section 2 of this Article, the 3d Vice Commander shall perform the duties therein described for the 1st Vice Commander. He/She will also be responsible for and chair (1) the Americanism Committee who is charged with the inspiration of patriotism and good citizenship by arrangement for proper observance of patriotic occasions; encouragement of patriotic and civic phases of instruction in schools; the Americanism of aliens, combating the anti American propaganda by education of the general public in American ideals through public forums, etc.; and activities for community and civic betterment; (2) the Children and Youth Committee who are charged with aid and service to 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. The Child and Youth Committee shall act as intermediary for needy veterans' children in obtaining the fulfillment of the Legion's pledges that "no child of a war veteran shall be in need of the necessities of life" and "a square meal for every child."

Section 5. Duties of the Post Adjutant:

The Adjutant shall have charge of and keep full and correct record of all proceedings of all meetings; keep such records as the Department and National Organizations may require; issue membership cards; handle certificates of transfer; render reports of membership annually or when called upon at a meeting; and under direction of the Commander, handle all correspondence of the Post. He/she will have charge of the Membership Finances of the post derived from dues and designated donations. The membership fund shall be used principally for membership administration, cost associated with the Texas Boy's State program including registration and travel expense, JR ROTC medals, financial support for the Service Officer and Chaplain activities and Legion supported contributions. All checks for the disbursement of Post funds will be signed by a combination of the Commander, Adjutant, Finance Officer, or other officers as designated by the Executive Committee. An annual budget of membership funds will be developed and submitted to the Executive Committee for approval not later than the second Executive Meeting of the new fiscal year. A finance report of membership funds of the past fiscal year will be submitted at the same meeting. He/She shall comply with Article V, Section 5, and Department Constitution.

Section 6. Duties of the Finance Officer:

The Post Finance Officer shall have charge of the Post finances related to the operation and maintenance of the Post Home or Club. and assure that they are deposited safely in local banks or other financial institutions, and shall report the condition of Post finances in writing not later than the 10th of each month in a profit and loss statement format with such recommendations as he/she may deem expedient or necessary for raising of funds with which to carry on the activities of the Post. He/She shall appoint an Assistant Finance Officer, with the approval of the Executive Committee. All checks for the disbursement of Post funds will be signed by a combination of the Commander, 1st Vice-Commander, Finance Officer, Assistant Finance Officer, or other officers as designated by the Executive Committee. There shall be no pre-signed checks signed by any officer of this Post at any given time. The Finance Officer shall furnish such surety bonds as shall be fixed by the Post Executive Committee. He/She shall be responsible for and chair the Finance Committee, which is charged with the administration of the finance policy, and accounting of all Post funds. The financial statement should be in dollar amounts to clearly show profit and loss.

Section 7. Duties of the Judge Advocate:

The Judge Advocate shall provide professional advice in the conduct of the Post business or to procure proper counsel. He/She shall be the Chairperson of any committee concerning the Constitution or By-Laws revision. He/She shall be in charge of the annual audit of the Post financial account as set forth in Section 3, Article II, of these By-Laws. He/She shall be responsible for the orderly conduct of disciplinary procedures. He/She shall be the chairperson of the Legislative Committee.


Section 8. Duties of the Post Historian:

The Historian shall be charged with the individual records and incidents of the Post and Post members, and shall perform such other duties as may properly pertain to the office as may be determined by the Post Commander or Executive Committee. He/She shall comply with the Post Officer's Guide of the American Legion, recommendations of National or Department Headquarters, and needs of the Post.

Section 9. Duties of the Post Chaplain:

The Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but. non-denominational or sectarian service in the event of dedications, funerals, public functions, etc., and adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time.

Section 10. Duties of the Sergeant at Arms:

The Sergeant at Arms shall preserve order at all times and at all meetings, and shall perform such other duties as may be from time to time assigned to him/her by the Post Commander or Executive Committee. He/She shall have charge of the Post Colors, and shall not display or permit them to be displayed without specific authority of the Post Commander. He/She shall chair the National Security Committee.

Section 11. Duties of the Service Officer:

The Service Officer shall comply with the Post Service Officer's Manual, the Post Handbook of The American Legion, recommendations of National and Department Headquarters, and needs of the Post. He/She shall chair the Veterans Affairs and Rehabilitation Committee.

ARTICLE IV -DELEGATES

Section 1. Delegates and alternates to a Department, Division or District Convention shall be elected by written ballot by the Post at a regular meeting of the Post to be held not less than 15 days prior members to the date of such convention. However, the Post by two-thirds vote of the members present may authorize the Commander to appoint said delegates. The Post Commander shall immediately upon their election or appointment designate the chairperson.

Section 2. Each duly registered delegate shall be entitled to one vote. The Post casts its vote through the Pro-rata rule; that is, all Post votes shall be divided equally to its registered delegates with any left over votes being carried by the Post's Chairperson of the Delegation. The vote of any absent registered delegate shall be apportioned and shared on a Pro-rata basis among the registered delegates present from this Post. A registered delegate is one who has received his/her credentials after his/her registration fee has been paid. Alternates for delegates shall have all the privileges of registered delegates except that of voting.

Section 3. The Chairperson of the Delegation shall cast the entire delegate vote on any convention matter after first polling the delegates present so as to reflect the vote of each delegate.

ARTICLE V-DUES-FISCAL YEAR

Section 1. Annual dues shall be as prescribed by the Post and shall be payable on or before January 1st of the following year. Paid-up current members in good standing have the option of renewing their annual membership with waiver of the initiation cost (EARLY BIRD) provided their membership is renewed on or before November 11th of the current year. All new members and current members not renewing prior to November 11th shall pay the full membership price. A member becomes delinquent for non-payment of dues on January 1st of the New Year.

Section 2. The fiscal year shall end with the installation of the newly elected officers, and the new fiscal year shall begin as the new Officers assume their duties, but no later than June 30th.

Section 3. The newly elected officers shall be installed at a regular or special meeting, as may be designated by the Executive Committee, as soon as practical after the annual election, but no later than June 30th following their election, and according to Section IV, Article V, of the Post Constitution.

Section 4. The Chairperson of the Membership Committee may recommend to the Executive Committee the names of members whose dues shall be paid by the Post with reasons for such recommendations. The Executive Committee shall have the power to approve or reject such recommendations.

ARTICLE VI-POST COMMITTEES
APPOINTMENTS

Section 1. The Post Commander immediately upon taking office each year shall appoint such standing committees as he/she deems necessary for the efficient operation of the Post, such as those listed in the Post Officer's Guide; he/she shall also appoint such other committees he/she finds to be necessary from time to time. The Post Commander shall designate all of such committees.

ARTICLE VII-RESOLUTIONS

Section 1. All resolutions of State or National scope presented to the Post by a member or reported to the 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 and special meetings of the Post shall be held at the premises of the Post, or as otherwise designated by the Post Commander, at which place may be transacted such business as may properly be brought up for action, approve the minutes of the previous meeting and minutes of all Executive Committee meetings since the last deemed advisable by the officers of the Post. Procedure at regular meetings shall comply with the current Manual of ceremonies; such meetings may be converted to entertainment meetings as may be deemed advisable by the officers of the Post.

Section 2. The regular business meetings of the Post shall be as determined by the Post. Other business or social meetings may be held as directed by the Post Commander and Executive Committee.

Section 3. The Post Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post any time.

Section 4. Upon the written request of a signed petition of not less than six of the members in good standing of this Post delivered to the Commander, requesting a special meeting of the Post, the Commander shall call the said special meeting within not less than 7 days nor more than 14 days after receipt of the said petition. In the said petition shall be stated the purpose for which the meeting is requested, and matters not pertaining to said purpose for the meeting shall not be considered at said meeting. In notices given to the membership of said meeting, the subject matter to be discussed shall be stated. The Post Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post, and the notice of the call for this meeting sent to the membership shall contain the subject matter to be discussed at the said meeting, and the said meeting shall not discuss other matters not pertaining to said notice.

Section 5. At least six members in good standing shall constitute a quorum at any regular or special meeting of the Post.

ARTICLE IX-NOTICES

Section 1. Every member shall furnish the Post Adjutant with his/her address for mailing purposes. Notices sent to the last known address should constitute legal notice.

Section 2. The Post Adjutant shall cause written notice of the annual election to be given at least 30 days prior thereto.

ARTICLE X-RULES OF ORDER

Section 1. All proceedings of this Post shall be conducted under and pursuant to Robert's Rules of Order, Newly Revised, except as herein otherwise provided.

ARTICLE XI-LIMITATION OF LIABILITIES

Section 1. This Post shall incur, or cause to be incurred, no liability nor obligations whatsoever which shall subject to liability any other Post, subdivision, group of men or women, members of The American Legion, or other individuals, corporation, or organization.



ARTICLE XII-AMENDMENTS

Section 1. These By-Laws may be amended at any regular Post meeting by a vote of two-thirds of the members of said Post attending such regular meeting provided that the proposed amendment shall have been submitted in writing to the Executive Committee in session and approved by it; or if rejected in whole or in part, it may be taken to a regular Post meeting on a minority report, and provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post; and provided further, that written notice shall have been given to all members at least 5 days in advance of the date when such amendment is to be voted upon, notifying all said members that at such meeting a proposal to amend the By-Laws is to be voted upon.

ARTICLE XIII-BOARD OF TRUSTEES

Section 1. The Board of Trustees shall consist of three members and serve on the Executive Committee with right to vote. They shall serve as 1st, 2nd, and 3rd, year trustees. No member of said Board shall be eligible to succeed himself/herself. One member of the Board (3rd year Trustee) shall be elected during the annual Post General Elections. At the conclusion of the Post fiscal year, the position of the 1st year trustee shall be filled by the 2d year Trustee with the 3d year Trustee filling the vacant 2d year Trustee position. The 1st year Trustee shall be the Chairperson of the Board, and the 3d year Trustee shall be the Recorder for the Board. Members of the Board shall hold no other elected office in this Post. If a member of the Board of Trustees fails to attend, in person, three consecutive meetings of the Post, without a valid cause, his/her place shall be declared vacant. Such vacancies in the Board of Trusties shall be filled by election by the Post Executive Committee, upon nomination by the Post Commander.

Section 2. The duties of the Board of Trustees shall be to serve as the Audit Committee and shall advise the Executive Committee regarding disposition, accountability, and maintenance of Post properties and regalia.

Section 3.Furthermore, the duties of the Board of Trustees shall be to take care of all Trust Funds (if there be any) and all properties, real, personal or mixed, the legal title to which is now vested, or may hereafter vest, in the Post, or which may be offered to and accepted by the post. Real Property owned by the post may be sold only after first complying with the post Constitution.

Section 4. No changes, alterations or additions to the real property of the Post shall I be made without the prior approval of the Board of Trustees; final approval after recommendation Committee and the post.
Section 5. The board of trustees shall act as a Building and Grounds Committee for the purpose of rental of said property on a temporary basis and/or otherwise handle use of said property; subject to the final approval of the Post Executive Committee. The post Executive Committee may assign such other duties to the Board of Trustees, as it deems advisable.