THE AMERICAN LEGION
MONTGOMERY – PLANT – DUDLEY
POST NO. 10 - WAUSAU, WI
Department of Wisconsin
POST CONSTITUTION
Effective November 21, 2023
Preamble
For God and Country, we associate ourselves together for the following purposes: (1) to uphold and defend the Constitution of the United States of America; (2) to maintain law and order; (3) to foster and perpetuate a one hundred percent Americanism; (4) to preserve the memories and incidents of our associations in the Great Wars; (5) to inculcate a sense of individual obligation to the community, state and nation; (6) to combat the autocracy of both the classes and the masses; (7) to make right the master of might; (8) to promote peace and good will on earth; (9) to safeguard and transmit to posterity the principles of justice, freedom and democracy; (10) to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.
ARTICLE I – LEGAL FORMATION AND NAME
The Post’s legal formation is based on Wisconsin Department of Financial Institution, Wisconsin Statutes 188 – Fraternal Societies, paragraph 188.08 - Corporate powers of American Legion. The name of this organization is registered by the American Legion National organization, and in concurrence with the Department of Wisconsin, as American Legion Montgomery-Plant-Dudley Post 10, Wausau, WI.
ARTICLE II – OBJECTIVES/PURPOSES
To promote the principles and policies as set forth in the foregoing preamble, 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 nonpolitical 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 3. Rank does not exist in The American Legion. No member will be addressed by his or her military rank or 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.
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 shall be verified for eligibility by the Post Adjutant. Accepted applications are to be presented to the membership at the next Post meeting following the acceptance of the application.
Section 4. Section IV discipline of member shall be governed by Article IX, Section 3 of the American Legion of Wisconsin Constitution and Bylaws: Discipline or suspension of a member and the procedure for discipline of a member as set forth in Article XII of the Bylaws of the American Legion Department of Wisconsin.
Section 5. A 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 Post meeting, and the payment of current dues for the year in which the reinstatement occurs.
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, except that where such consent has been asked for and denied by such Post, may then appeal to the state Executive Committee of the Department of the expelling Post for permission to apply for membership in this Post, and shall be ineligible for membership until such permission is granted.
ARTICLE V – OFFICERS
Section 1. The administrative affairs of the 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 three (3) member Trustees in addition to the officers of the Post. The term of office of members of the Executive Committee shall be for two years, excluding the Trustee’s. This Post, by its By-Laws, may provide for 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, Adjutant, Finance Officer, Chaplain, Judge Advocate, Service Officer, Liaison Officer, Historian, Senior Sergeant at Arms, Junior Sergeant at Arms, and three (3) Trustee’s. All members desiring to be elected shall be nominated from the floor at two meetings preceding the annual election
Section 3. The Past Commander is an Officer of the Post and a member of the Executive Committee, with full voting privileges. That position is not an elected position, rather an automatic appointment by virtue of the office held the proceeding term.
Section 4. All officers and Executive Committee members shall be elected bi-annually, excluding the Trustees. The Officer’s term in office is served concurrent with the fiscal year dates of the Post. Any officer or Executive Committee member may be removed for inefficiency by the Executive Committee with a two-thirds vote of the Executive Committee being necessary to effect the removal.
Section 5. Every member of this Post in good standing shall be eligible to hold office in this Post.
Section 6. The duties of the officers and the Executive Committee shall be those usually assigned to Post officers or Executive Committee and as further provided in the By-Laws.
ARTICLE VI – FINANCE
Section 1. The revenue of this Post shall be derived from membership or initiation fees, from annual membership dues and other sources as approved by the Post Executive Committee.
Section 2. The amount for membership or initiation fees and the amount of the annual dues shall be fixed and determined by this Post.
Section 3. The Post shall pay to Departmental headquarters the National, Departmental, District, and County annual membership dues for every member of the Post.
Section 4. All persons who have responsibility for the property and money of the Post, including the Commander, 1st Vice Commander, Adjutant, Finance Officer, and Honor Guard Commander shall be bonded under a blanket bond with a responsible security company in such sums as determined necessary and proper by the Executive Committee. The Post shall pay the cost of the bond.
Section 5. The Post Adjutant and Finance Officer are responsible for ensuring the Post property, both structural and personal, including any special riders for equipment under the care, custody and control of the Post are secure and insured. The Post shall pay the cost of the insurance.
ARTICLE VII – REAL ESTATE DISPOSAL PROCEDURE
No real estate owned by this Post or trustee of this Post will be sold, disposed of or have its title encumbered without a majority vote of the members present at a regular meeting of the post after written notice delivered to the members at least thirty (30) days prior to any meeting at which a vote to sell, dispose or encumber the real estate will occur.
ARTICLE VIII – AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an auxiliary organization to be known as the Auxiliary Unit of The American Legion, Montgomery – Plant-Dudley Post 10.
Section 2. Membership in the Auxiliary shall be prescribed by the National Constitution of the American Legion Auxiliary.
ARTICLE IX– SONS of AMERICAN LEGION
Section 1. Post 10 supports the National American Legion program, the Sons of American Legion (S.A.L). Although a program within the Post, it has its own membership and organization structure in its entirety.
Section 2. The Sons organization is known as a Squadron at our level. Our Squadron pairs with our Post and its charter is contingent upon the Post 10’s charter. The Squadron can determine the extent of their services to the community, state and nation. They are permitted flexibility in planning programs and activities to meet their needs, but must remember S.A.L.’s mission: to strengthen the four pillars of The American Legion. Therefore, the Squadron’s campaigns must place an emphasis on preserving American traditions and values, improving the quality of life for our nation’s children, caring for veterans and their families, and teaching the fundamentals of good citizenship.
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 Wisconsin, The American Legion. Any amendment to said National Constitution or Department Constitution, which is in conflict with any provision hereof, should 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 Membership meeting by a vote of two-thirds majority of the members attending the announced regular meeting. The proposed amendment(s) shall be submitted in writing, posted and read at two (2) preceding regular meetings of the Post. Written notice will be provided to all members of the proposed amendment either through printed or electronic media. The notice will be at least 30 days in advance of the date when the amendment(s) will be voted upon. The notification will include the proposed amendment verbiage, plus the date, time, and location of the forthcoming meeting the proposal will