BY-LAWS Highlands Ranch POST 1260, The AMERICAN LEGION Department of Colorado ARTICLE I SECTION l. The Post existing under these By-Laws is to be know as Highlands Ranch Post NO.1260, The American Legion, Department of Colorado, SECTION 2. The objects of this Post are as set forth in the Constitution. ARTICLE II - Management SECTION 1. The government of the Post is entrusted to an executive committee of five (5) members, in addition to the Commander, Adjutant and Finance Officer, known as the Executive Committee. SECTION 2. The Executive Committee shall be elected annually at the last regular meeting prior to the state convention and take office at the meeting next following that of the election. All elections of Officers and Executive Committeemen shall be by ballot and the candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates. SECTION 3. All vacancies existing in the Executive Committee, or in any office of the Post from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the Committee and a member so appointed shall hold office for the unexpired term of the member of the Committee or officer whom he succeeds. A vacancy shall exist when a member or officer is absent from his post for a continuous period considered detrimental to the interest of the Post by the Executive Committee. ARTICLE III - Post Executive Committee SECTION 1. The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander within ten (10) days after the installation of the new officers. Thereafter the Post Executive Committee shall meet at the call of the Commander as often as deemed necessary. The Commander shall call a meeting of the Post Executive Committee upon the joint written request of three (3) members of the Executive Committee of said Post. Four (4) members of the Executive committee shall constitute a quorum thereof. ARTICLE IV - Duties of Officers SECTION 1. Duties of Post Commander: It shall be the duty of the Post Commander to preside at all meetings of the Post and to have general supervision over the business and affairs of the Post, and such officer shall be the chief executive officer of the Post. He shall approve all orders directing the disbursement of funds and shall make an annual report covering the business of the Post for the year, and recommendations for the ensuing year, which shall be read at the annual meeting and a copy thereof immediately forwarded to the Department Adjutant. He shall perform such other duties as directed by the Post. SECTION 2. Duties of Vice-Commander: The 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 Post Commander. SECTION 3. Duties of Post Adjutant: The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National organizations may require, render reports of membership annually or when called upon at a meeting, and under direction of the Commander, handle all correspondence. SECTION 4. Duties of the Finance Officer/Treasurer: The Finance Officer/Treasurer of the Post shall have charge of all finances and see that they are safely deposited in some local bank or banks, and shall report once a month to the Post and Executive Committee the condition of the finances of the Post, with such recommendations as he may deem expedient or necessary for raising funds with which to carry on the activities of the Post. He shall furnish such surety bond in such sum as shall be fixed by the Post Executive Committee. SECTION 5. Duties of Post Historian: The Post Historian shall be charged with the individual records and incidents of the Post and Post members, and shall perform such other duties as may properly pertain to the office as may be determined by the Post or the Executive Committee. SECTION 6. Duties of the Post Chaplain: The Post Chaplain Shall be charged with the spiritual welfare of the Post members and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc., and adhere to such ceremonial rituals as are recommended by the National or Department headquarters from time to time. SECTION 7. Duties of the Sergeant-at- Arms: The Sergeant-at-Arms shall preserve order at all meetings, and shall perform such other duties as may be from time to time assigned to him by the Post Executive Committee. ARTICLE V - Delegates SECTION 1. Delegates and Alternates to a Department Convention shall be elected by ballot by the Post at the last regular meeting of the Post prior to said convention. ARTICLE VI - Appointments SECTION 1. The Post Commander, immediately upon taking office each year, shall request a short recess, to confer with the newly elected Post Officers, on the number of standing committees necessary to the proper operation of the Post. ARTICLE VII - Resolutions SECTION 1. All resolutions of State or National scope presented to this Post by a member, or reported to this Post by a committee, shall merely embody the opinion of this Post on the subject and copy of same shall be forwarded to the Department headquarters for its approval before publicity is given or action other than mere passage by the Post is taken. ARTICLE VIII - Meetings SECTION 1. The regular meeting of the Post shall be held at the Eastridge Recreation Center of Highlands Ranch or such place as the Post Commander shall designate on the fourth Tuesday of each month. The Post Commander may designate an additional meeting if necessary to transact Post business as may properly be brought up for action. Entertainment during the regular meeting will be prohibited until after the close of the regular meeting. SECTION 2. The Post Commander or a majority of the Executive Committee shall have power to call a special meeting of the Post at any time. SECTION 3. Upon the written request of five (5%) percent of members in good standing, the Executive Committee shall call a special meeting of the Post. SECTION 4. Ten (10%) percent of the paid-up members shall constitute a quorum. ARTICLE IX - Notices SECTION 1. Every member shall furnish the Post Adjutant with an address for mailing. SECTION 2. The Post Adjutant shall cause notice of the annual election to be given at least two weeks prior thereto. ARTICLE X – Rules of Order SECTION 1. All proceedings of this Post shall be conducted under and pursuant to Roberts’ Rules of Order, except as herein otherwise provided. ARTICLE XI – Limitations of Liabilities SECTION 1. The Post shall incur, or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other Post, subdivision, members of The American Legion, or other individuals, corporations or organizations. ARTICLE XII - Amendments SECTION 1. These By-Laws may be amended as conditions warrant. There shall be no amendments, changes, insertions, deletions and ratifications during any business meeting nor otherwise unless said amendments, changes, insertions, deletions and ratifications are approved by the majority of the paid-up membership in attendance. Any and all proposed amendments must be submitted in writing and a copy of such must be sent to all paid-up members at least seven (7) days in advance of the next regular meeting date when such amendment(s) is to be voted upon, with notification to all concerned that the prescribed meeting in part will be to vote on the proposed amendment(s). SECTION 2. Unless comments are received concerning the proposed amendments, as stated in writing, prior to the meeting stipulated for voting of same it will be assumed that the amendment(s) are agreeable as written by the paid-up membership. The amendment(s) then will be read to all in attendance enjoying the privilege of paid-up membership in the Highlands Ranch Post 1260 of The American Legion prior to voting on same. These amendment(s) will then be voted on and will become an internal part of the By-Laws upon the affirmative vote of the majority of the paid-up membership in attendance. If the majority votes against the proposed amendment(s) the By-Laws will remain as previously published. SECTION 3. Upon the simple majority of the proposed amendment(s) the By-Laws must be printed in its entirety with the date of the last revision, and posted to Post 1260 website. A paper copy will be made available upon written request to the Post Adjutant. It shall be at the pleasure of the Post Commander to authorize the signatures of the Post Executive Committee at the bottom of the approved By-Laws before publication. I HEREBY CERTIFY THAT THE FOREGOING BY-LAWS, CONSISTING OF FOUR PAGES, ARE THE BY-LAWS OF HIGHLANDS RANCH POST 1260, THE AMERICAN LEGION, DEPARTMENT OF COLORADO WHICH WERE ADOPTED BY THE EXECUTIVE COMMITTEE AND GENERAL MEMBERSHIP AT THE GENERAL MEETING ON THE ______ DAY OF_________________2009 Post Commander ___________________________________ Post Adjutant_______________________________________ Original Dated 28 July 2009 Page 4 of 4