These By-Laws are corrected and updated as per changes properly presented to
the membership at the required number of Post meetings and passed
respectively at meetings on Tuesday, March 1, 1960; September 3, 1963; March
6, 1972; October 1973; February 4, 1975; August 3, 1976; February 1, 1983;
April 5, 1988; June 4, 1991; August 2, 1994; March 3, 1998; October 2, 2001;
and December 6, 2005, January 2, 2007, February 6, 2007.
Gilbert C. Grafton Post #2,
The American Legion
Department of North Dakota
ARTICLE I – MEMBERSHIP AND DUES
Section 1. Any person eligible for membership in The American Legion shall
be eligible for membership in this Post.
Section 2. Membership in this Post shall be acquired by application through
any other member. Applications may be investigated and either approved or
disapproved by a committee consisting of the Post First Vice Commander, Post
Adjutant, and Post Chaplain. If such application is disapproved, it shall be
referred to the next regular meeting of the Post by the Post Commander with
reasons for the disapproval of the same. Such applications may then be
approved by a two-thirds (2/3rds) vote of the membership present at said
Section 3. Effective January 10, 2007, annual dues for the membership in
this Post shall be twelve dollars and fifty cents ($12.50) for 2007 and for
the yearly dues thereafter. Dues shall be payable in advance upon
application for membership. Post dues shall be in addition to Department and
National dues. The fiscal year of the Post shall be from 1 July to 30 June
of each and every year.
ARTICLE II - NATURE
Section 1. This Post shall be absolutely non-partisan and shall not be used
for the dissemination of partisan principles or for the promotion of the
candidacy of any person seeking public office or preferment.
Section 2. There shall be no limitation upon the right of any member on
account of race, creed, or political beliefs.
Section 3. There shall be no limitation upon the right of any member to the
right of free speech at any meeting of the Post or at any and all official
meetings of the post executive committee.
Section 4. The right shall be reserved to any member of this Post to impeach
any other member for misconduct, non-Americanism, treason to State or
Nation, disloyalty, or for non-conformity with the rules and regulations of
The American Legion and of this Post.
Section 5. The manual of court martial of the United States of America shall
govern all impeachment proceedings. The Commander of the Post shall appoint
members to a general court martial to try any and all cases. Such a court
shall consist of members of this Post and not holding office in the Post.
ARTICLE III – ADMINISTRATION
Section 1. The elective officers of this Post must be current members of
this post and shall be the Post Commander, Post First Vice Commander, Post
Second Vice Commander, Post Third Vice Commander, Post Adjutant, Post
Historian, Post Finance Officer, Post Chaplain, Post Sergeant-at-Arms, Post
Assistant Sergeant-at-Arms, and five Executive Committee Members all of whom
shall be elected annually by a plurality of the paid-up membership casting
valid ballots and provided for in sub-paragraph (h) hereof. The date of said
election shall be the first Tuesday in May of each year and such duly
elected officers shall be installed at the first regular meeting in June of
each year. Said officers shall continue to hold office until their
successors are duly elected and qualified. No person shall hold more than
one elective office, except as provided for in sub-paragraph (g) hereof. The
duties of said elective officers shall be as follows:
(a) The Post Commander shall preside at all meetings of this Post and shall
be deemed the Executive Officer thereof.
(b) The Post Vice Commanders shall in the order, first, second, and third,
be vested with all of the duties of the Post Commander during the latter’s
absence or inability to act or when any of the senior Post Vice Commanders
are absent or unable to act.
(c) The Post Adjutant shall have responsibility for all of the secretarial
duties in connection with this Post and shall be the custodian of the
official seal of the Post. Said Post Adjutant shall purchase a fidelity bond
in an amount to be determined by the Executive Committee. The premium on all
officers of this Post shall be paid by the Post.
(d) The Post Finance Officer shall have the general duties of Treasurer of
this Post. It shall be their duty to keep accurate accounts of all receipts
of moneys and expenditures of this Post and shall disburse no unapproved
moneys of this Post except upon approval by a two-thirds (2/3rds) majority
of the paid-up members present at a regular stated meeting. The Finance
Officer has the authority to pay all recurring expenses and bills of the
Post without prior approval of the Executive committee providing that new
financial obligations are not incurred. The Finance Officer may approve
current nonrecurring bills, and special disbursements, providing they do not
exceed Two Hundred Dollars ($200.00) without the approval of the Executive
Committee. The Executive Committee shall have the power to approve and order
payment of merchandise, supplies, and labor necessary for Club operations
and recreational activities of this Post and require the Finance Officer to
pay for them from Post#2 funds.
(e) The Post Chaplain shall have the general duties of a Chaplain including
visiting the sick and distressed and conducting the last rites over members
who have answered the “call” and are laid to rest by this Post, taking up
the sword in defense of honor, love, and purity.
(f) It shall be the further duty of the Post Commander and Post Adjutant,
upon express order and direction of the Executive Committee, to execute and
deliver all deeds, transfers, and conveyances of the property of this Post,
both real and personal, and to execute and deliver all contracts and other
instruments for and on behalf of this Post.
(g) The Offices of the Post Adjutant and Post Finance Officer may be
combined and held by the same person. The Post Commander, Post Adjutant and
the Post Finance Officer may receive such compensation for the faithful
performance of their respective duties at a rate of $100, $200, $200 per
month, respectively or as determined by the Executive Committee, subject to
approval of a two-thirds (2/3rds) majority of the paid up membership present
at a stated meeting of the Post.
(h) At the first regular meeting of the Post in the month of February each
year, the Post Commander shall appoint a nominating committee of not less
than five (5) members nor more than seven (7) members, which shall bring in
a report of prospective candidates for all offices, which report will be
presented at the first regular meeting in March of each year. At the March
meeting, when this report is submitted, additional nominations for the list
may be submitted from the floor. Immediately following nominations which
have been submitted by report of the committee or from the floor, such list
shall be posted on the post bulletin board of the Post.
The procedure outlined for the nominating committee or for entering names on
the nomination list shall in no way preclude nominations from the floor at
the first regular meeting in April of each year. The Post Commander having
determined there are no further nominations shall, following passage of a
proper motion, declare the nominations closed, instruct the adjutant to
provide the committee on elections, provided for in sub-paragraph (i)
hereof, with a list of properly nominated candidates for the various
offices. The Commander shall announce at the meeting the date on which
balloting by the membership shall occur.
(i) The regular election of Post officers as are properly nominated in
accordance with sub-paragraph (h) hereof, shall take place on the first
Tuesday in May of each year. The Commander shall appoint a committee of
election of at least five (5) members who shall be responsible for fixing
the time and place of the election and to make rules and provisions for
conducting the election. The committee shall perform any acts not
specifically provided for herein as are necessary to properly conduct such
The committee will prepare a notice of date, time, and place of election and
prepare a list of the nominated candidates for office. Such notice to be
mailed to all members who are in good standing as of March 31 of each year.
Such notice to be mailed no less than seven (7) days prior to the date of
(j) Casting of absentee ballots will be allowed fifteen (15) days prior to
the annual election date. Members, to cast an absentee ballot, must present
themselves at Post #2 Headquarters and present a current paid-up membership
card, which will be punched, and the members name and card number will be
entered in the election register. The members will mark their ballots and
place them in a plain envelope which will be sealed. The sealed ballots and
voting register will be turned over to the elections committee on the
morning of the election.
If a member cannot appear at Post #2 Headquarters because of confinement or
long distances from the office, the member may request a ballot by mail.
When such ballot is returned to the office it will be sealed in a plain
envelope and the member’s name and card number will be entered in the
elections register. Such ballots and election register to be handled as in
The Post Executive Committee, on receipt of proper certificate of election
from the committee on elections shall sit as a canvassing board and if
otherwise in order, notify each elected officer of the date, time, and place
of installation of officers.
(k) No person employed by the Post or the Club and being paid more than the
sum of Five Hundred Dollars ($500) per month shall hold or be appointed to
the following elective officers: Post Commander or Executive Committee. Any
other elected officer who is employed by the Club and serves on the
Executive Committee shall be a non-voting member when actions concerning the
operation and recreation activities of the Club are presented to the
Executive Committee for approval. The Commander, Adjutant and Finance
Officer who may receive compensation from the Post, are not considered
employees under this subsection.
Section 2. Executive Committee
(a) The Executive Committee of this Post shall consist of Post Commander,
Post First Vice Commander, Post Second Vice Commander, Post Third Vice
Commander, Post Adjutant, Post Finance Officer, five elected Executive
Committee Members, and the immediate Past Post Commander, who shall
automatically succeed to the Executive Committee following the expiration of
his/her term of office, and following the election and qualification of
his/her successor. The Executive Committee shall manage the business and
preserve the assets of this Post. It will meet monthly, and also on call of
the Post Commander or of any four or more members of said Executive
Committee. Notice of such meeting shall state the date, time, and place
thereof and shall be served personally on each member of said Executive
Committee, or shall be mailed, e-mailed or telephoned to their address on
the records of this Post at least twenty-four (24) hours before the meeting.
Such notice need not state the business to be transacted at said meeting. No
notice need be given of an adjourned meeting of the Executive Committee.
Meetings of the Executive Committee may be held at such place or places in
the City of Fargo as the Executive Committee may determine or as may be
specified or fixed in the respective notices or waivers thereof. The
Executive Committee may fix its own rules of procedure. A majority of the
members of said Executive Committee shall be necessary to constitute a
quorum and in every case the affirmative vote of a majority of its
membership shall be necessary for the approval of any action authorized by
said Executive Committee. It shall keep a record of its proceedings and
report same to the Post at the next regular meeting thereof.
(b) Any member of the Executive Committee who fails to attend three
consecutive regular Executive Committee meetings, shall, without further
act, automatically forfeit their membership on the Committee subject to the
right of the Executive Committee upon its own motion and by a two-thirds
(2/3rds) vote of the members present and voting to reinstate such member
within thirty (30) days thereafter.
(c) In the event a vacancy occurs on the Executive Committee, the Executive
Committee shall appoint a member to the vacancy until the next regular
annual election of officers.
Section 3. The Executive Committee shall assist the Club Manager, through
the Committee member appointed by the Commander, in the management,
operation, and recreation activities of the Club, and shall have full power
to conduct the activities of the Club, including payment of bills necessary
for its operation, the right to apply for and secure for this Post any and
all City, State, and Federal permits or licenses necessary to the proper
conduct and operation of said Club activities.
Whenever by death, resignation, or other reasons a vacancy shall occur in
any office of the Post, except that of Post Commander, such a vacancy shall
be filled by the Executive Committee. A majority vote of said Executive
Committee shall be sufficient and it shall report its selection at the next
regular meeting of the Post. In the event of a vacancy occurring in the
office of the Post Commander. the Post First Vice Commander shall assume the
position, and the position of the Post First Vice Commander then be filled
by the Executive Committee as provided.
ARTICLE V – MEETINGS
Section 1. Robert’s Rules of Order shall govern all meetings and assemblies.
Section 2. There shall be twelve (12) regular stated meetings of this Post
held during each year and such special meetings as shall be called by the
Post Commander. The regular meetings shall be held on the first Tuesday of
ARTICLE VI – MEMORIAL DAY
American Legion uniforms shall be worn, if available, on Memorial Day and
when designated by the Post Commander to honor our fallen comrades.
This post shall at all times be subject to and bound by the Constitution and
By-Laws of the National American Legion and the Department of North Dakota
of said American Legion, so far as the same may be applicable to this post.
ARTICLE VIII – AMENDMENTS
These By-Laws may be amended by a majority vote of the members present at
two successive regular monthly meetings.
Know all by these presents that we, the undersigned, constituting the
Officers and Executive Committee of Gilbert C. Grafton Post #2, the American
Legion, Department of North Dakota, do hereby certify that the above and
foregoing By-Laws were adopted as the By-Laws of the said fraternal
corporation at a meeting thereof called and held for that purpose on the 6th
Day of February, 2007, and the that the same now constitute the By-Laws of
|Keith Kerbaugh, Commander