CONSTITUTION OF THE Captain Mark "Tyler" Voss POST 313 Boerne, TX 78006 "A Centennial Post"
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 percent Americanism; to preserve the memories and incidents of our 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 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 help.
ARTICLE I – POST NAME This American Legion Post existing under this Constitution is to be known as Captain Mark "Tyler" Voss Post 313, Boerne, Texas. This Post has been designated “A Centennial Post,” having been chartered during the Centennial Year of the founding of The American Legion (1919-2019).
ARTICLE II – AUTHORITY, PURPOSE AND MISSION Section 1. This Post was chartered on May 16, 2019 by the National American Legion through its American Legion Department of Texas as an IRS Code 501(c)(19) Federal Non-Profit Veteran organization and thereby being exempt from taxes on Post “related income” under the American Legion Group Exemption Number (GEN) 0925.
Section 2. This Post received its Certificate of Formation from the Secretary of State of Texas on November 19, 2019 confirming the Post as a Domestic Non-Profit Corporation and thereby being exempt from payment of State Franchise Tax and State Sales Tax levied on purchases made on behalf of the Post, except for purchases of alcohol.
Section 3. The Purpose of this Post is to promote the principles and policies as set forth in the foregoing Preamble and the National American Legion and Department of Texas Constitutions and By-Laws.
Section 4. The Mission of this Post is to improve the quality of life of our fellow veterans, their families, and our community.
ARTICLE III – THE FOUR PILLARS OF SERVICE This Post is an integral part of the National American Legion, Department of Texas, and is involved in implementing all aspects of the Four Pillars of Service of The American Legion. These Four Pillars of Service embody the principled rationale for Post activities and programs on which the members of this Post expend their time, energy, service, and resources. The Four Pillars of Service committees are:
a.Veterans Affairs & Rehabilitation. This committee assists veterans in pursuing claims, understanding their rights and obtaining their benefits. Committee members also visit veterans who are sick, disable, or residing in assisted living facilities, and provide comfort to members’ families in illness and bereavement.
b. Children and Youth. This committee engages ensures children of veterans in need of care and protection receive proper and timely service and aid, extends connections to verified organizations and facilities providing services for children and youth, and maintains programs that meet the needs of youth in the local community.
c.Americanism. This committee sees to inspire love of country and good citizenship through patriotic observances, flag etiquette, civic instruction in schools, the Americanization of immigrants, community service, and youth activities such as Boys State, Boy Scouts, Oratorical Contests, School Award Medals, and American Legion Baseball.
d.National Security. This committee engages in community emergency preparedness, promotes public safety, and supports local and nation civilian defense projects.
ARTICLE IV – NATURE OF POST ORGANIZATION Section 1. The American Legion Captain Mark "Tyler" Voss Post 313, Boerne, Texas is a tax exempt, non-profit civilian organization and membership therein does not affect or increase liability for active duty military, retired military or other honorably discharged military personnel.
Section 2. The American Legion and this Post are absolutely nonpolitical and Post meetings, formal or informal, shall not be used for advocating of partisan principles, dissemination of partisan materials, or for the promotion of the candidacy of any person seeking public office or preferment. Section 3. Military rank does not exist in The American Legion or in this Post. No member shall be addressed by his/her military title in any meeting, activity or function of this Post. Members are considered as comrades-in-arms and each member is valued for his/her military service and sacrifice.
ARTICLE V -- CHARTER MEMBERS Members who joined this Post prior to May 16, 2019, the effective date of this Post’s Permanent Charter, shall be known as “Charter Members” with all honors, rights and privileges as prescribed by the Post Executive Committee and approved by the Post membership.
ARTICLE VI– ELIGIBILITY AND MEMBERSHIP Section 1. An individual is eligible for membership in The American Legion and this Post only if the individual has served in the Armed Forces of the United States at any time during the period of April 6, 1917 through November 11, 1918 or during any time period after December 7, 1941 to the present; OR who was a citizen of the United States when the individual entered and served on active duty in the armed forces of any government associated with the United States during any of said periods; AND was honorably discharged or honorably separated from that service; PROVIDED, HOWEVER, that no person shall be entitled to membership who, having refused to be in or having been in any such service during any of said periods, and refused on conscientious, political or other grounds to subject themselves to military discipline or unqualified service. (See the Legion Act of 2019, Public Law 116-35 effective July 30, 2019)
Section 2. There is no form or class of membership except active membership in The American Legion.
Section 3. No person may be a member at any one time of more than one Post in The American Legion. A member of any Post may transfer membership to another Post. Dues shall be paid annually or for life.
Section 4. Each Post shall be responsible for judging the conduct of its own membership, subject to the restrictions of the National and Departmental Constitution and By-Laws.
Section 5. A member in “Good Standing” means a member having a current American Legion membership card or being shown on the Post roster as being current on payment of dues. Any member of the American Legion in “Good Standing” transferring to this Post, to include members of National Headquarters Post 345, shall not be required to pay any additional dues. Dues already paid shall remain with the original Post and the transfer shall be complete upon issuance and receipt of a new American Legion Membership Card.
ARTICLE VII – MANAGEMENT OF POST AFFAIRS Section 1. The daily administrative affairs of this Post, except as may be otherwise provided by the By-Laws, shall be entrusted to the Post Executive Committee which shall consist of twelve (12) (or more) elected officers and not more than seven (7) at large members. Each elected Post Officer shall also be an Officer or Director of the incorporated Post organization of the same name. Elected Post Officers shall be voting members of the Post Executive Committee.
Section 2. The Elected Officers of this Post shall include the Post Commander, 1st Vice Commander, 2nd Vice Commander, 3rd Vice Commander, Post Adjutant, Post Finance Officer, Post Judge Advocate, Post Historian, Post Chaplain, Post Sergeant at Arms, Post Service Officer, and Post Media/Public Relations Officer. Additional Officers may be appointed by the Post Commander if confirmed by two-thirds (2/3) vote of the Post Executive Committee and ratified by the Post membership. Post Officers shall hold their offices for one (1) year or until their successors, elected or appointed, are duly confirmed or installed.
Section 3. The at large members of the Post Executive Committee shall include the President of the Post’s American Legion Auxiliary Unit, the Commander of the Post’s Sons of the American Legion Squadron, the Director of the Post’s American Legion Riders Chapter, and the four Chairpersons of the Four Pillars standing committees. Each at large member of the Post Executive Committee shall serve on the Post Executive Committee until the next Annual Election of Post Officers at which time the Post Executive Committee will be reconstituted with the newly elected Post Officers and at large members of the Committee. At large members of the Post Executive Committee may continue to serve after the next Annual Election of Post Officers as long as he/she continues to be the President, Commander, or Director of one of the three American Legion sponsored organizations or the Chairman of a Four Pillars standing committee. Sponsored organization leaders who are members of the Post (or their appointed Post Liaisons) will serve as voting members of the Post Executive Committee.
Section 4. The Post Executive Committee shall at all times be responsive and accountable to the General membership of the Post and shall provide a monthly report to the membership at a regular meeting on the activities of the Post for information or approval. Any Post member in “Good Standing” shall be entitled to be present at any Post Executive Committee meeting and speak to the Post Executive Committee members when recognized by the Commander or other person who is in charge of the meeting who may determine a time limit for speaking by a Post member. A Post member who is not a member of the Post Executive Committee meeting shall not be entitled to vote at any such meeting.
ARTICLE VIII -- RULES OF ORDER All proceedings of this Post shall be conducted in accordance with Robert's Rules of Order, Newly Revised, unless otherwise provided herein. Post members may rely on the Post Judge Advocate for interpretation of these Rules as they might apply in any particular situation.
ARTICLE IX - ELECTION OF POST OFFICERS Post Officers shall be elected in May by majority vote on written ballots at a regular membership meeting held not less than fifteen (15) days prior to the Department Convention. The newly Elected Officers shall be installed not later than the first regular meeting in October following their election. Only those Post members in “Good Standing” shall have the privilege of being a candidate or voting in the election of Post Officers.
ARTICLE X-- FINANCE Section 1. The revenue of this Post shall be derived from annual membership dues, contributions, grants, and from other such sources or activities authorized by law, as may be approved by the Post Executive Committee and ratified by the Post membership.
Section 2. A raffle event may not be sponsored or conducted by this Post until the Post has existed for the preceding three (3) years. (See Texas Business Organizations Code, Section 2002.003 (b))
Section 3. The Post shall forward all initial or annual membership dues received to The American Legion National Headquarter through the American Legion Department of Texas within thirty (30) days of receipt thereof.
Section 4. The Post may pay all initial or annual dues collected to The American Legion by electronic funds transfer (EFT); however, all other transactions shall be made by check or debit card in accordance with the By-Laws of this Post.
Section 5. The Post will furnish an appropriate surety bond to any Post member who has or will have custody of Post funds.
Section 6. The Post may furnish Directors and Officer’s Liability Insurance for members of the Post Executive Committee who are also Officers or Directors of the Post Corporation.
Section 7. The Post Federal IRS and Texas Tax Fiscal Year (FY) is from January 1 through December 31. Filing of tax returns and tax payments are due on May 15 after the end of the FY.
Section 8. IRS Tax Form 900 (Return of Organization Exempt from Tax) or IRS Form 900-T (Exempt Organization Business Income Tax Return) is to be used for annual reporting of income related to Post business. Form 990-T, Schedule M, is to be used for unrelated business income of the Post.
Section 9. As an IRS Code 501 (c) (19) Non-Profit Organization, the Post is exempt from the payment of Federal Tax on Post Related Income and from State Franchise and Sales Taxes on purchases made on behalf of the Post, except for taxes on alcohol.
Section 10. A Tax Exempt Certificate will be provided to the seller when a purchase is made on behalf of the Post. If the seller will not accept the Tax Exempt Certificate, the Post should request a refund of the sales tax paid from the State Comptroller.
ARTICLE XI – RESOLUTIONS All resolutions of State or National scope passed by a majority of the Post membership must first pass by two-thirds (2/3) vote of the Post Executive Committee, and shall constitute only the opinion or recommendation of this Post on the subject. A copy of the resolution shall be forwarded to the Department Headquarters for its review and approval before any publicity is given or action other than passage by the Post.
ARTICLE XII -- AMENDMENTS Section 1. This Constitution is adopted subject to the provisions of The American Legion National and Department Constitutions. Any amendment to National Constitution or Department Constitution which is in conflict with any provisions herein shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict. Anything not covered by this Post’s Constitution shall be governed by the Constitutions of The Department of Texas or The National American Legion.
Section 2. This Constitution may be amended in whole or in part at any regular meeting by a majority of the members of said Post attending such regular meeting; provided the proposed amendment shall first have been approved by two-thirds (2/3) vote of the Post Executive Committee, provided the proposed amendment shall have been submitted in writing and read at the preceding regular meeting of the Post; and provided further, that written notice shall have been given to all members at least fifteen (15) days in advance of the date when such amendment is to be voted upon, notifying Post members that at such meeting a proposal to amend the constitution is to be voted upon.
ARTICLE XIII -- REAL PROPERTY Section 1. Real property owned by the Post may be sold, leased or otherwise disposed of after first complying with the Department and National Constitution and By-Laws and following the procedures provided by the Department Adjutant. Approval shall be by a two-thirds (2/3) majority of the Post Executive Committee, a two thirds (2/3) vote of the majority of the Board of Trustees, if there is a Board of Trustees, and by a vote of two-thirds (2/3) of the Post members in attendance at a regular meeting. The proposal shall have been submitted in writing, and read at the preceding regular meeting of the Post. Written notice shall have been given all members at least fifteen (15) days in advance of the date when the proposal is to be voted upon. The notice shall also be given in the local press and radio and posted on the Post bulletin board at the same time prior to the membership being given notice the proposal is to be voted upon.
Section 2. No real estate owned by this Post or Trustee of this Post will be used as collateral for a loan without the approval of the Department Executive Committee or, where time is of the essence, the Department Commander, who shall report said action for ratification at the next meeting of the Department Executive Committee.
Section 3. If the Post owns real estate which becomes encumbered with a lien, the Post will notify the Department Adjutant of such action within 7 days of receiving notice of the lien.
ARTICLE XIV SPONSORSHIP OF APPROVED ORGANIZATIONS OR PROGRAMS Section 1. This Post sponsors organizations or programs whose mission supports The American Legion Four Pillars of Service. To be sponsored by this Post, an organization or program must be recognized and approved by The American Legion and must allow direct involvement in its activities by members of this Post. Unless otherwise specified by The American Legion, any such sponsored organization or program will retain its generic name (e.g., Boy Scout Troop) but add: to it “Sponsored by the Captain Mark "Tyler" Voss Post 313, Boerne, Texas“. The President, Commander, Director or leader of any such sponsored organization or program must be a member in “Good Standing” of this Post.
Section 2. The Post may terminate its sponsorship of an organization or program for good cause such as failure to maintain a minimum membership or failure to function in a way not intended, or participating in activities considered illegal, immoral, or opposed to our form of Government or the American way of life. Termination of a sponsored organization or program shall be determined by a two-thirds (2/3) vote of the Post Executive Committee, and ratification by the Post membership at a regular meeting of the Post.
ARTICLE XV – SOCIAL MEDIA AND THE INTERNET Section 1. All members of this Post and all participants in the organizations or programs of this Post are required to adhere to the Social Media Guidelines promulgated by the Department of Texas. (See Department of Texas Forms at https://txlegion.org/forms/. Section 2. Applicants for social media accounts and registrants of domain names for this post or its programs are serving as agents of this post and ownership of these accounts and domain names are vested in the post. Applicants or registrants should obtain approval from the Post Executive Committee to establish a domain name or social media account. Applicants or registrants shall, upon demand, transfer the account or domain name to another individual designated by the Post Executive Committee.
Section 3. All Post related email messages shall contain the following Confidentiality Notice:
CONFIDENTIALITY NOTICE All post related e-mail messages, including any attachments, are for the sole use of the intended recipient(s) and may contain confidential or proprietary information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, immediately contact the sender by reply e-mail and destroy all copies of the original message. If you respond to this Post related email, PLEASE USE ONLY THE "REPLY BUTTON." By doing so, you are replying only to the sender of the message, not to anyone else. If you wish to reply to additional members, please do so by manually entering the members email addresses.