MERCER COUNTY AMERICAN LEGION CONSTITUTION & BY-LAWS

Transcription

1 MERCER COUNTY AMERICAN LEGION CONSTITUTION & BY-LAWS AS ADOPTED JULY 18, 1975 AND AS AMENDED THROUGH JANUARY 2018

2

3 MERCER COUNTY COMMITTEE American Legion Department of New Jersey CONSTITUTION Adopted July 18, Effective July 18, 1975 The text incorporates all amendments through January, 2018 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 per cent 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. ARTICLE I --- NAME The name of this organization shall be Mercer County Committee, American Legion, Department of New Jersey. ARTICLE II --- PURPOSE The purpose of this organization is to coordinate and unify the work and activities of the Posts of the American Legion located in Mercer County, New Jersey, and exercise a general supervision over such Posts, in accordance with the Constitution and By- Laws of The American Legion, Department of New Jersey. ' ARTICLE III --- NATURE Section 1. This is a civilian organization and has no formal connection with any military or police authority of the United States of America, the State of New Jersey, or any of its political subdivisions. Section 2. The organization shall be absolutely non-political and non-sectarian, 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. ARTICLE IV-- MEMBERSHIP Section 1. The membership of the Mercer County Committee consists of one delegate and one alternate from each American Legion Post in Mercer County, New Jersey, and Page 1

4 one additional delegate and one additional alternate for each fifty (50) members for whom National, Department, and County per capita taxes have been paid. Section 2. The number of delegates to which a Post is entitled shall be determined as of the close of business on a date fifteen calendar days immediately preceding the County Convention each year. Section 3. The delegates so determined and an equal number of alternates, as well as delegates-at-large shall constitute the membership of the Mercer County Committee, until the next County Convention. Section 4. American Legion Posts chartered in Mercer County, New Jersey, between County Conventions, shall be entitled to one delegate and one alternate at all meetings of the Committee until the next County Convention. Section 5. Past County Commanders while in good standing in a Post in Mercer County shall be delegates-at-large of the Mercer County Committee with vote. Page 2 ARTICLE V--- OFFICERS Section 1. The chief administrative officers of this Committee shall be a Commander, a Senior Vice-Commander, a Junior Vice-Commander, a Finance Officer and a Sergeant-at- Arms. These officers shall constitute the trustees of the Corporation. These offices shall be filled only by election, except in the event that the office of Commander shall be vacant, the Senior Vice-Commander shall immediately assume the office, and in the event the office of Senior Vice-Commander shall be vacant, the Junior Vice-Commander shall immediately assume the office. Section 2. The Committee shall also elect a Department Executive Committeeperson. All elected officers must be delegates from their respective Posts. Section 3. The following Officers, who must be delegates, alternates, or delegates-atlarge from their respective Posts, shall be appointed by the Commander, with the approval of the Committee, to hold office at his/her pleasure: an Adjutant, an Historian, a Service Officer, a Chaplain and a Judge-Advocate ARTICLE VI --- MEETINGS Section 1. Regular meetings of the Mercer County Committee, American Legion shall normally be held throughout the year at various Posts in Mercer County, New Jersey, on the third Friday of each month, except in May and June, at 7:30 PM. (As amended October 2017 and effective January 2018) Section 2. The County Convention, or annual meeting of the Mercer County Committee, shall be held at a date, time and place to be determined by the Mercer County Committee. The Installation Night shall follow at a date, time and place to be determined by the Mercer County Committee. Section 3. Special meetings of the County Committee may be called by the County Commander, at his/her discretion, and must be called by the County Commander, within thirty days of a written request signed by one or more delegates from each of a

5 majority of the Posts in Mercer County, New Jersey. To call a special meeting, a minimum of ten days notice shall be given to all delegates, alternates, and delegatesat-large stating the purpose, or purposes, for which the meeting is called. No other business than that for which the meeting was called shall be transacted. ARTICLE VlI--- FINANCES Section 1. Revenues shall be derived from per capita taxes levied on each post in Mercer County, New Jersey, and such other sources as may be approved by the Mercer County Committee. Section 2. All expenditures shall be made only upon authorization by a majority of those present and voting at a regular meeting, special meeting, or annual meeting of the Mercer County Committee. Section 3. Per Capita taxes on each Post shall be levied at a County Convention, to be effective at an ensuing point in time, and to remain in effect, until changed. To set a per capita tax, an affirmative vote of two-thirds of the delegates present at a County Convention is required. ARTICLE VIII--- AUXILIARY Mercer County Committee, American Legion, Department of New Jersey recognizes as its auxiliary organization, American Legion Auxiliary of Mercer County, Department of New Jersey. Joint meetings with the Auxiliary of Mercer County may be arranged at any time, and at least one joint meeting shall be held every year. ARTICLE IX--- AMENDMENTS Section 1. This Constitution is adopted subject to the provisions of the Constitution and By-Laws of the American Legion, and of the Constitution and By-Laws of the American Legion, Department of New Jersey, and is completely subsidiary thereto. Any amendment to said constitutions or by-laws which is in conflict with any provisions hereof automatically repeals or modifies the provisions of this Constitution to the extent of such conflict. Section 2. This Constitution may be amended at any regular meeting or County Convention by vote of two-thirds of the delegates present and voting at such meeting, providing that the proposed amendment shall have been submitted in writing and approved at the next preceding regular meeting, and, providing further, that written notice shall have been given to all delegates, alternates and delegates-at-large at least seven days in advance of the date when such amendment is to be voted upon, notifying them that at such meeting a proposal to amend the Constitution is to be voted upon. Page 3

6 BY-LAWS The text incorporates all amendments through May, PREAMBLE The purpose of these By-Laws is to provide a framework for democratic control of the affairs of the Mercer County Committee, American Legion, Department of New Jersey, in accordance with its Constitution. ARTICLE I --- CONDUCT OF MEETINGS Section 1. All meetings and proceedings shall be conducted in accordance with Robert s Rules of Order, except as herein otherwise provided. Section 2. The County Commander shall preside at all meetings. In his/her absence, the Senior Vice-Commander or Junior Vice-Commander shall conduct the meeting. Section 3. A quorum shall consist of at least one delegate from each of the majority of Posts in Mercer County, New Jersey. Section 4. Any member of the American Legion or the American Legion Auxiliary may attend any regular meeting of the Mercer County Committee, but only delegates, alternates, and delegates-at-large have the right to make motions, to debate, and to vote. Persons, not members of either organization, may be invited to attend meetings to make presentations, to receive awards, to observe, or for other reasons. Section 5. All voting on motions shall be by voice. If the voice vote is inconclusive, a roll call of Posts shall be taken and each Post shall cast one vote per delegate, alternate, and delegate-at-large present, up to the number of delegates and delegates-at-large to which each Post is entitled. All motions are passed upon the affirmative vote of a majority of those present and voting. Section 6. The order of business at a regular meeting shall be: 1. Roll call of Officers and Posts 2. Reading and approval of minutes of previous meetings 3. Reports of Officers and Committees 4. Communications 5. Unfinished business 6. New business 7. Elections 8. Good of the Legion and announcements 9. Adjournment Page 4

7 ARTICLE II --- ELECTION OF OFFICERS Section 1. The Department Executive Committeeperson shall hold office for a period of three years and shall be the Member at Large of the Department Executive Committee for the Mercer County Committee. Candidates for this office shall have previously served as a county or district Commander of the American Legion. The election shall take place at the County Convention of 1976 and every third year after that. The newly elected Department Executive Committeeperson shall take office at the close of the Department Convention following his/her election to office. In the event of a vacancy in this office, an election shall be held to fill the office for the unexpired term only. Such election shall be held at a meeting of the Mercer County Committee called for that purpose, providing that written notice shall have been given to all delegates, alternates, and delegates-at-large at least ten days in advance of the date of the meeting. When elected for an unexpired term, a Department Executive Committeeperson shall take office immediately. Any Department Executive Committeeperson who shall have served three consecutive terms, the first of which may have been an unexpired term, shall be ineligible to serve in that office for the ensuing three years, but after that period is eligible to serve for three more consecutive terms. Section 2, The County Commander, the Senior Vice-Commander, the Junior Vice- Commander, the Finance Officer, and the Sergeant-at-Arms shall be elected at the County Convention to hold office for a period of one year. Nominations for office shall be made at the County Convention. Election shall be by roll call of Posts, as described in Article I, Section 5, of these By-Laws, and the candidate receiving the highest number of votes shall be declared elected to the respective office. Each office shall be balloted for separately. In the event of a vacancy in the office of Senior Vice-Commander, Junior Vice-Commander, Finance Officer, or Sergeant-at- Arms, an election shall be held to fill that office for the unexpired term only. Such election shall be held at the next regular meeting following the announcement of the vacancy. In the event of the disability or inability to serve of any elected or duly appointed officer, such disability or inability to serve lasting for at least 30 days, the County Commander may appoint a replacement for said officer, subject to the approval of the Mercer County Committee. At such time as the duly appointed or duly elected officer is again able to resume his/her duties the person appointed to serve as a replacement shall relinquish said office and the duly appointed or duly elected officer shall resume the duties of his/her office. Section 3. The five county officers elected at the County Convention shall be installed at a special meeting, known as Installation Night. All terms of office shall begin at that time irrespective of whether the member is formally installed that night. All terms of office of previously elected officers shall expire at that time. When elections are held to fill an unexpired term, the successful candidate shall take office immediately. Section 4. No officer shall be elected at the County Convention or at a regular meeting unless physically present at the time of the election at that meeting, or in Page 5

8 the alternative, the Post of which he/she is a member, has previously submitted a resolution endorsing his/her candidacy for the office. Section 5. Any of the six elective offices shall become vacant upon the resignation of the member, his/her death, or loss of status as a delegate from a Post in Mercer County, New Jersey. Any officer, who shall fail to attend three consecutive regular meetings, without giving a written justifiable excuse therefor, in advance, shall have vacated his/her office. Any officer who shall accept an elective or appointive remunerative office in the (national) American Legion or The American Legion, Department of New Jersey, shall have vacated his/her office. ARTICLE III --- APPOINTMENT OF OFFICERS & COMMITTEE CHAIRPERSONS Section 1. From among the delegates, alternates, and delegates-at-large to the Mercer County Committee, the Commander shall appoint, with the approval of the Committee, to hold office at his/her pleasure: an Adjutant, an Historian, a Service Officer, a Chaplain and a Judge-Advocate. Section 2. From among the delegates, alternates, and delegates-at-large to the Mercer County Committee, the Commander shall appoint the chairperson of all committees except Baseball and Parade established by these By-Laws or by action of the Mercer County Committee, to hold office at his/her pleasure. In the event that a committee chairperson receives remuneration by virtue of his/her position, then his/her appointment must be approved by the Mercer County Committee. Section 3. All appointed officers and committee chairpersons holding office on Installation Night by virtue of appointments made by the outgoing Commander, shall continue in that office, at the pleasure of the newly-installed Commander, for a period of ninety days from Installation Night, at which time the appointments automatically expire, unless renewed. ARTICLE IV--- DUTIES OF OFFICERS Section 1. The Department Executive Committee person represents the Mercer County Committee at all meetings of the Department Executive Committee. At all regular meetings he/she reports the actions and activities of the Department and keeps the Committee informed on all programs of the American Legion. He/she shall perform such other duties incident to this office that may be assigned by the Committee. Section 2. The County Commander shall preside at all meetings, shall manage the affairs of the Committee between meetings, be the spokesperson for the Committee, and see that the provisions of the Constitution and By-Laws of the American Legion, the Department of New Jersey, and the Mercer County Committee, are properly administered. He/she is the designated alternate to the Department Executive Committeeperson at all meetings of the Department Executive Committee. He/she shall appoint all officers and committee chairmen in accordance with Article III of these By-Laws. At the expiration of his /her term of office he/she shall arrange for the installation of his/her successor. As soon as practical after his/her successor has Page 6

9 been installed, he/she shall turn over all property (including the corporation seal), books, records, and keys of the Mercer County Committee in his/her possession to his/her successor. He/she shall perform all other duties assigned to him/her by these By-Laws or by the Committee, or incident to the office. Section 3. The Senior Vice-Commander shall assume and discharge the duties of the office of Commander, in the absence or disability of, or when called upon by the Commander. The Senior Vice-Commander and the Junior Vice-Commander shall perform any duties assigned to them by these By-Laws or by the Commander. Section 4. The Finance Officer shall have charge of all funds of the Mercer County Committee. He/she shall keep full and complete records of all financial transactions in accordance with procedures set forth in these By-Laws and prescribed from time to time by the Mercer County Committee. He/she shall place all funds in local insured banks or insured financial institutions and present a detailed report of the financial condition at every regular meeting. All checks and all withdrawals of funds and all promissory notes shall be signed by the Finance Officer and countersigned as provided herein. He/she shall furnish such surety bond in such sum as shall be fixed by the Mercer County Committee, and the annual premium shall be paid from Committee funds. Section 5. The Sergeant-at-Arms shall preserve order at all meetings, maintain control of the County colors, see that none but delegates, alternates and delegates-at-large participate in debates and vote at meetings, and perform such other duties as may properly pertain to the office. Section 6. The Adjutant shall have charge of and keep a full and accurate record of all the proceedings at all meetings of the Mercer County Committee, which shall be the property of the Committee. He/she shall keep such records as the Department and the National organization may require. He/she shall file and preserve all reports and records, maintain a complete and accurate roll of all delegates and alternates, attend to all correspondence and cause notice to be given of all meetings. He/she shall be concerned with financial operations of the Committee in accordance with procedures set forth in these By-Laws, and prescribed from time to time by the Mercer County Committee. He/she shall perform such other duties as may properly pertain to the office. In the absence of the Commander, the Senior Vice-Commander, and the Junior Vice-Commander, he/she shall assume and discharge the duties of the Commander. Section 7. The Historian shall collect from year to year all records and data of value and interest to the Mercer County Committee, and shall compile during his/her term of office a complete history of the year's activities. He/she shall also assist Post Historians and coordinate their efforts. He/she shall perform any duties assigned to him/her by the Commander, which may incidentally apply to his/her office. Section 8. The Service Officer shall coordinate the work of the Service Officers and Service Committees of the American Legion Posts in Mercer County, New Jersey. He /she acts as an intermediary between the Department Service Officer and Post Service Officers. Page 7

10 Section 9. The Chaplain shall have charge of the spiritual welfare of the members and offer divine, but non-sectarian, services, at meetings, dedications, and public functions, adhering to such ceremonial rituals as are recommended by the American Legion or the Department of New Jersey, and perform such other duties, pertaining to his/her office, as may be, from time to time, required. Section 10. The Judge-Advocate shall advise the Mercer County Committee on all legal matters, including the construction and interpretation of the Constitution and By- Laws, and shall perform such other duties as are usually incident to the office. ARTICLE V --- COMMITTEES Section 1. The Membership Committee shall consist of a Chairperson, appointed by the Commander, and all Mercer County American Legion Post membership chairpersons. This committee shall seek to encourage eligible veterans to join and maintain membership in the various Posts in Mercer County, New Jersey, to keep all membership records as required by national and department offices, and to keep track of the per capita taxes levied on each Post. Section 2. The Audit Committee shall consist of a Chairperson and two other members appointed by the Commander, from the delegates, alternates, and delegates-at-large from three different Posts. No member of the Audit Committee shall hold any other elective or appointive office in the Mercer County Committee, as listed in Article IV, above. The appointments shall be made at or before the regular meeting immediately preceding the County Convention, but, in no event, less than thirty days preceding the County Convention. The Audit Committee shall audit the record books and clear the accounts of the outgoing Finance Officer. Once constituted, the Audit Committee shall continue until discharged by the Mercer County Committee. Section 3. The Baseball Committee shall consist of the Chairperson, a Secretary, a Treasurer, and a representative from each Post in Mercer County American Legion. This Committee shall organize, promote, and operate the American Legion Baseball program in accordance with the rules, regulations, and policies of the respective Department and National American Legion Baseball. organizations. The Chairperson shall be elected from among the delegates, alternates, and delegates-at-large to the Mercer County Committee, for a three-year term, at the County Convention, and shall take office on the Installation Night following his/her respective election. In the event that the office of Chairperson becomes vacant, an election to fill the office for the unexpired term shall be held at the next regular meeting. If necessary, the Commander can appoint an interim Chairperson until the next regular meeting of the Mercer County Committee. Each Post in the Mercer County American Legion and each Post in Mercer County American Legion Baseball league shall appoint, from among its members, a representative and several alternates, to hold office at its pleasure. The Post is responsible for notifying the County Adjutant and the County Baseball Committee Chairperson, in writing, each time it appoints a representative or alternate, and whenever the term of a representative or alternate expires. Page 8

11 From among the delegates, alternates, and delegates-at-large to the Mercer County Committee, except for its Chairperson, the Baseball Committee shall appoint a Secretary and a Treasurer, to hold office for a period of one year from the date of appointment, and until a successor shall have been appointed and qualified. The Secretary shall have charge of and keep a full and accurate record of all the proceedings at all meetings. He/she shall keep such records as the Mercer County Committee, and as the Department and National American Legion Baseball organizations may require. He/she shall preserve all records for the Committee, and when the Committee determines the records are no longer needed, shall turn them over to the County Adjutant for disposition. The Treasurer shall have charge of all funds of the Baseball Committee. He/she shall keep full and complete records of all financial transactions in accordance with procedures set forth by the national, department, and county organizations. He/she shall place all funds in local insured banks or insured financial institutions and present a detailed report of the financial condition at every meeting of the Baseball Committee and every meeting of the Mercer County Committee. All checks and all withdrawals of funds and all promissory notes shall be signed by the Treasurer, and countersigned by the Chairperson. He/she shall furnish a surety bond in such sum as shall be fixed by the Mercer County Committee, and the premium therefor shall be paid from the funds of the Baseball Committee. The surety bond, or memorandum therefor, shall, at all times, be in the hands of the County Finance Officer. At all Committee meetings, decisions shall be made by majority vote, with each Post entitled to one vote. The Chairperson, or presiding officer, shall only vote to break a tie. At each regular meeting, and at the County Convention, the County Adjutant shall note any changes in personnel of the Baseball Committee since the previous county meeting. Section 4. The Parade Committee shall consist of a Chairperson, Vice-Chairperson, and a representative from each Post in Mercer County. This Committee shall organize, promote, and make arrangements for parades and other patriotic observances sponsored or participated in by Mercer County Committee. Upon recommendation of the County Commander, the Mercer County Committee shall appoint, from among the delegates, alternates, and delegates-at-large a Chairperson and a Vice-Chairperson to serve one year. Section 5. Other standing committees may be established by the Mercer County Committee, which shall specify their size and scope. The Commander shall appoint the chairperson of all committees and may appoint other members of the committee or request the chairperson to recruit the other members of his/her committee. Committee members, other than the chairperson, need not be delegates, alternates, or delegates-at-large, but must be members of an American Legion Post in Mercer County, New Jersey. Page 9

12 ARTICLE VI --- FINANCES Section 1. The fiscal year of the Mercer County Committee shall run from May 1st through April 30th. Section 2. The Finance Officer shall have charge of all funds of the Mercer County Committee and shall keep full and complete records of all financial transactions. He/she shall place all funds in local insured banks or insured financial institutions and present a detailed report of the financial condition at every regular meeting. Section 3. All checks and all withdrawals of funds and all promissory notes shall be signed by the Finance Officer and countersigned by the Commander or one of the two Vice-Commanders. Section 4. No check shall be drawn on any account nor shall any withdrawal of funds be made for any expenditure authorized by the Mercer County Committee unless the Finance Officer is presented with a duly certified written voucher. Section 5. Duly certified written vouchers may be either "bill of charges" or "payment orders". When a vendor furnishes goods or services to the Mercer County Committee and submits a bill of charges, the member who received the goods or services on behalf of the Committee shall certify to the correctness of the charges by his/her statement, signature, and date. The Adjutant must then certify by his/her statement, signature, and date, that this particular member was authorized to incur such obligation for the Committee. When the Committee authorizes a member to spend funds for certain purposes and intends to advance the funds, then the member shall draw up a payment order specifying the purpose and the payee, which may be himself/herself, to whom the check or checks shall be drawn, and signs and dates the document. The Adjutant must then certify by his/her statement, signature, and date, that such advance of funds has been authorized by the Committee. Section 6. When auditing the record books of the Finance Officer, the Audit Committee shall verify that there is an offsetting duly certified written voucher for every canceled check and every check outstanding at the time of audit. In any case where there is no offsetting voucher, the Finance Officer shall pay from his/her personal funds to the Mercer County Committee an amount equal to the canceled or outstanding check. If such payment is not made within ten days of a demand by the Audit Committee, then the Adjutant shall be notified to enforce a claim on the surety bond. Section 7. An application for a surety bond for the Finance Officer shall contain a copy of the By-Laws, and the insurance company must be willing to bond according to the condition set forth therein. The surety bond, or memorandum of a surety bond, for the Finance Officer shall be in the hands of the Adjutant. No Finance Officer shall be given access to the funds of the Committee until his/her surety bond (or memorandum therefor) has been filed with the Adjutant. In the event that a Finance Officer cannot obtain a surety bond, he/she shall immediately resign his/her office. Page 10

13 Section 8. After consultation with the other elected officers, the Commander shall present a budget of expected revenues and expected expenditures for the current fiscal year, together with budgeted and actual revenues and expenditures of the previous fiscal year, at the first or second regular meeting after Installation Night. The Committee may accept the budget as presented, or make changes in it, at that meeting, or subsequent meetings. Section 9. Expenditure of funds for the current fiscal year shall be in accordance with the adopted budget. Whenever a motion for the expenditure of funds is on the floor, no vote shall be taken until the Adjutant has read the pertinent parts of the adopted budget and the Finance Officer has reported on the pertinent revenues and expenditures of the current fiscal year. In the event that either the Adjutant or the Finance Officer cannot comply with this requirement, then the motion shall automatically be tabled to the next meeting, or in the alternative, if three-fourths of the delegates present and voting shall vote affirmatively, the motion shall have passed. ARTICLE VII --- NEW POSTS Section 1. All applications for charters for American Legion Posts to be located within Mercer County, New Jersey must be submitted to the Adjutant, who shall announce the receipt of such applications at the first regular meeting thereafter. The Judge Advocate shall then investigate the application, as to the eligibility of the persons signing said application, as to the compliance with the Constitution and By-Laws of the American Legion, and the Department of New Jersey, as to the need, and likely success, of such a Post, and as to any other matter of concern or interest to the Mercer County Committee, or to any Post in Mercer County, New Jersey. Section 2. At the first regular meeting after the announcement of an application for a new Post, the Judge Advocate shall make his/her report and recommendations in writing. Any Post may also submit, in writing, its recommendations concerning the application. After hearing the recommendations from the Judge Advocate and the various Posts, the Mercer County Committee shall vote its approval or disapproval of the application. Section 3. Within ten days of this meeting, the Adjutant shall forward such application together with the recommendation of the Mercer County Committee for approval or disapproval and a statement of its reasons therefor to the Department Executive Committee for further action. At the same time he/she shall furnish a copy of the communication to the Department Executive Committee to the applicant Post. ARTICLE VIII --- CHARGES AGAINST POSTS & LEGIONNAIRES Section 1. Charges of conduct or activities prejudicial to the American Legion may be preferred by one Post against another Post or by a member of one Post against a member of another Post. Such charges and specifications must be in writing and must be served on the defendant Post or Legionnaire. Certified copies of the charges and Page 11

14 specifications must be filed with the Adjutant, together with proof that the defendant Post or Legionnaire has received the original documents. Section 2. To hear and adjudicate the charges, the County Commander shall call a special meeting at a time and place that the defendant Post or Legionnaire can be expected to attend. Notice of the time and place of this special meeting must be served on the defendant at least fifteen days in advance. Section 3. At this special meeting, which may be adjourned from time to time, the Mercer County Committee shall hear from the complainants, from the defendants, and from any witnesses willing to testify. After all testimony has been taken, the Committee shall decide by secret written ballot whether or not the charges have been sustained. Delegates from the complainant and defendant Posts shall not participate in this decision. In order to sustain the charges, two-thirds of the eligible delegates, present and voting, must vote in the affirmative. Section 4. If the charges are sustained against a Post, then the Committee shall recommend to the Department of New Jersey that the charter of the Post be revoked, or it may take some lesser disciplinary action. If the charges are sustained against a Legionnaire, then the Committee shall recommend to his Post that he be expelled from the American Legion, or it may take some lesser disciplinary action. If the charges are not sustained, then the case is dismissed, the matter is closed, and the complainant and defendant must be notified of this fact immediately. ARTICLE IX--- AMENDMENTS Section 1. These By-Laws are adopted subject to the provisions of the Constitution and By-Laws of the American Legion, and of the Constitution and By-Laws of the American Legion, Department of New Jersey, and are completely subsidiary thereto. Any amendment to said constitutions or by-laws which is in conflict with any provisions hereof automatically repeals or modifies the provisions of these By- Laws to the extent of such conflict. Section 2. These By-Laws may be amended at any regular meeting or County Convention by vote of two-thirds of the delegates present and voting at such meeting, providing that the proposed amendment shall have been submitted in writing and approved at the next preceding regular meeting, and, providing further, that written notice shall have been given to all delegates, alternates, and delegates-at-large at least seven days in advance of the date when such amendment is to be voted upon, notifying them that at such meeting a proposal to amend the By-Laws is to be voted upon. Page 12

15 STATEMENT OF INCORPORATION Mercer County Committee, American Legion, Department of New Jersey was incorporated on January 16, 1975 under the Laws of the State of New Jersey, as an organization not for pecuniary profit, with its permanent address at War Memorial Building, Trenton, New Jersey 08608, and its registered agent as the Adjutant. Incorporation is recorded in Volume 88, Page 593, in the Mercer County Clerk's office, Trenton, New Jersey. We certify this to be the official copy of the Constitution and By-Laws of the Mercer County Committee, American Legion, Department of New Jersey, as adopted on July 18, 1975, and as amended through May, ATTEST: Date: Commander Neil Harris DEC Salvatore Torre Henry J. Frank, Chairman Constitution & By-Laws Committee Page 13