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 perpetuate a One Hundred Americanism; to preserve the memories in incidents of bar associations in all 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 goodwill 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.
Section 1. The name of this organization shall be J. Q. Adams post No. 0223, The American Legion.
Section 1. 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 Department Constitutions of the American Legion.
Section 1. This post is a civilian organization and membership therein does not affect or increase liability for military or police service.
Section 2. The American Legion, Department of Texas, shall be nonpolitical and shall not be used for the dissemination of partisan principles nor 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/her military or naval title in any meeting of this post.
ARTICLE IV—ELIGIBILITY AND MEMBERSHIP
Section 1. Any person shall be eligible for membership in THE AMERICAN LEGION who was a member of the Army, Navy, Marine Corp, Coast Guards, or Air Force of the UNITED STATES and assigned to active duty from April 6th, 1917 to November 11th, 1918; and December 7th, 1941 to present day for the cessation of hostilities towards the government of the UNITED STATES; or being a citizen of the UNITED STATES at the time of his entry therein, served on active duty in the armed forces of any of the governments associated with the UNITED STATES during any of said periods; provided, however, that such service was terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject themselves to military discipline or unqualified service.
Section 2. There shall be no form or class of membership except active membership. Membership shall be only through a Post, and dues shall be paid annually or for life.
Section 3. Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the Post Executive Board.
Section 4. All applications for membership in transfers into this post shall be acted upon at the next Post General Membership meeting following the making of such application or transfer and shall as such meeting be accepted rejected or referred for further investigation and consideration if a majority of the members present at the post general membership meeting cast their vote against the acceptance of such application and such application shall be recorded as rejected.
Section 5. No person may be a member at any time of more than one Post in The American Legion.
Section 6. No person has been expelled by a post shall be admitted to membership in another post without the consent of the expelling post, except that where such consent has been denied by such posts, he made then appealed to the Executive Committee of the Department of expelling posts for permission to be admitted to membership in another post, and shall be ineligible for membership until such permission is granted.
Section 7. Each post will be the judge of its own membership, subject only to the restrictions of the National and Department Constitution and By-Laws.
Section 8. Transfers. Any member in good standing, to include members of Headquarters Post 345, moving or transferring to a Post near their home shall be transferred using The American Legion Member Data Form, completed by the new Post, without additional payment of dues. The new post shall be the judge of its own membership in accordance with ARTICLE III, Section 5, Department of Texas Constitution and By-Laws. Dues already paid shall remain with the original post and the transfer shall be complete upon issue of a new membership card.
Section 9. A member of this post may only be disciplined in accordance with the Department Uniform Code of Procedure and Supplement 1.
Section 10. If a member is expelled in a disciplinary proceeding, their membership will be suspended until their final appeal is heard and a decision is rendered, and if they are expelled by that decision, they shall not be eligible for membership in this Post for one year from the date of expulsion, and to be reinstated they must submit an application for reinstatement in the same manner in which memberships are approved in this Post
Section 11. If a member has been determined ineligible for membership by the Post. The Post will notify the Department Adjutant at once in writing so that their name can be forwarded to National Headquarters for removal from membership roll. If the member will not furnish proof of eligibility within 30 days of a written request, only through certified mail with return receipt requested, is not eligible for membership in THE AMERICAN LEGION.
ARTICLE V-- OFFICERS
Section 1. Administrative affairs of this post of the American Legion shall, except may be otherwise provided by the By-Laws, be under the supervision of a post executive committee which shall consist of at least (4) members in addition to the Officers of the Post. The term of office members of the Post Executive Board 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 this post shall be a Post Commander, a Vice Commander, an Adjutant, a Finance officer, a Judge Advocate, a Historian, a Chaplain, a Sergeant at Arms, a Service Officer, and such other officers as may be deemed necessary by this organization.
Section 3. A nominating committee shall be appointed by the post 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.
Section 4. All Officers an Executive Committee Member shall be elected annually, by majority vote on written ballots, at a post meeting held not less than fifteen (15) days prior to the Department Convention, and shall be installed not later than the first regular post meeting in October following their election. 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. any Post Officer or Post Executive Committee Member may be removed for cause by the Post Executive Board, a two-thirds (2/3) vote of said Committee being necessary to affect such removal. The membership shall be entitled to be present at the post executive committee meeting without voice or vote. The decision of the Post Executive board shall be subject to the approval or reversal by the Post membership at the next regular post meeting where a quorum is present.
Section 5. The duties of the Officers and Executive Committee Members shall be those usually appertaining to such Officers or Committee Member, and as further provided in the By-Laws of this Post.
Section 6. All Officers and Executive Committeemen are expected to attend the regular meetings of the post and post executive committee. Failure of any Officer or Executive Committee Member to attend three (3) successful meetings, without reasonable cause having been furnished the Post Commander or any Post Officer shall be cause for forfeiture of said office. The Post Executive Board shall decide when an officer's failure to attend three successful regular business meetings, without reasonable cause having been furnished to the Post Commander, or any Post Officer shall be cause forfeiture of said office. The Post Executive Board shall decide when an officer by their failure to attend three (3) successive business meetings as forfeited their 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 the case of a vacancy of any Officers, or Executive Board member for any cause, the said vacancy can be filled at any regular meeting, provided at least fifteen (15) days’ notice of such election has been given to the members.
Section 1. The revenue of this post shall be derived from annual membership dues and from other such sources as may be approved by the post executive board and approved 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 Department and National annual membership dues within thirty (30) days from receipt thereof for each paid member of the post.
ARTICLE VII—CHARTER MEMBERS
Section 1. Member who joined this Post prior to the issuance of permanent charter shall be known as Charter Members.
ARTICLE VII—AMERICAN LEGION AUXILLARY
Section 1. This post recognizes an auxiliary organization to be known as the Auxiliary Unit of J. Q. Adams Post No 223, The American Legion.
Section 2. Membership in the Auxiliary shall be as prescribed by the National Headquarters, and Department of Texas Constitutions and By-Laws of The American Legion.
Section 1. This constitution is adopted subject to the provisions of the National and Department Constitutions of The American Legion. Any amendment two said National Constitution or Department Constitution which conflicts 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 (2/3) of the members of said Post attending such regular meeting; provided that the proposed amendment shall have been submitted in writing to the Post Executive Board 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 an 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 fifteen (15) days in advance of the date with 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, (after first complying with ARTICLE VI, Section 6, Department Constitution), least or otherwise disposed of, where control of said property is involved, at any regular meeting by a vote of two-thirds (2/3) 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 Post Executive Board it there be a Post Executive Board, and further after approval by a majority of the Board of Trustees let there be a Board of Trustees, and read at the preceding regular meeting of the Post, an provided further notice shall have been given to all members by Mail at least fifteen (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 is posted on the Post bulletin board in the same time limit prior to the actual voting on the proposal.
Section 2. No real estate owned by this Post, or trustee at this Post will be sold or used as collateral for a loan without the approval of the Department Executive Committee or where time is the essence the Department Commander who shall report said action to the next Department Executive Committee meeting.
Section 3. Any Post whose real estate becomes encumbered with a lien will notify the Department Adjutant within 7 days of receiving notice of lien.
Section 4. Upon purchasing real estate, the Post will notify the Department of Texas.
Section 1. This post may sponsor a Sons of American Legion Squadron, such Squadron once formed, shall be subject to the rules, regulations and supervision of this Post as may be promulgated by the Post Executive Board and ratified by the Post Membership, and which shall not be in conflict with the rules and regulations set up for the Sons of the American Legion by the National Executive Committee, The American Legion.
Section 2. Said SAL Squadron223 may adopt its own Constitution and By-Laws, subject to approval of same by the Post Executive Board. Until Sal Squadron 223 adopts its own Constitution and By-Laws, it shall be governed by this Post rules and regulations, and by the recommended Constitution and By-Laws of a SAL Squadron as has been approved by the Department Executive Committee, The American Legion, Department of Texas.
Section 3. Once created, this Post may cease its sponsorship SAL Squadron 223 for good cause such as failure to maintain a minimum membership of at least ten (10) members, failure to function, participating in illegal activities, immoral or opposed to our form of Government, and the American way of life, and by the discretion of the Post Executive Board, subject to ratification by the Post Membership.
Section 4. This Post may sponsor a Legion Riders Chapter. Such Chapter, once formed, shall be subject to the rules, regulations and supervision of this Post as may be promulgated by the Post Executive Board and ratified by the Post Membership.
Section 5. Said Legion Riders Chapter 223 may adopt its own Constitution and By-Laws, subject to approval of same by the Post Executive Board. Until Legion Riders Chapter 223 adopts its own Constitution and By-Laws, it shall be governed by post 223 rules and regulations.
Section 6. Once created, this Post may cease its sponsorship of Legion Riders Chapter 223 for good cause such as failure to maintain a minimum membership of ten (10) members, failure to function, participating in illegal activities, immoral, or opposed to our form of Government and the American way of life, and by the discretion of the Post Executive Board, subject to ratification by the Post Membership.
Section 7. The Members of the Legion Riders Chapter 223 must be a member of this Post.