Guy E. Shelley, Jr
American Legion Post 974
352 Marsh Run Road
New Cumberland, PA 17070
(717) 774-3149

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BY-LAWS

BY-LAWS OF THE
GUY E. SHELLEY, JR. AMERICAN LEGION POST 974
HOME ASSOCIATION, INC.

AMENDED FEBRUARY 2008
SUPERSEDES DOCUMENTS DATED:
SEPTEMBER 2001, APRIL 2003 AND NOVEMBER 2004

______________________________________________________________________________________________________________________

ARTICLE I
CORPORATION

SECTION 1. NAME:
The Name of the corporation will be:
GUY E. SHELLEY, JR. AMERICAN LEGION POST 974 HOME ASSOCIATION, INC.
SECTION 2. LOCATION:
The corporation will have as its principal offices:
352 Marsh Run Road
New Cumberland, PA 17070
SECTION 3. BYLAWS:
The Corporation will operate in accordance with these By-Laws.
SECTION 4. POST RELATIONSHIP:
The Home Association must be in compliance with the Guy E. Shelley, Jr. American Legion Post 974 By-Laws with respect to 'ARTICLE XI-HOME ASSOCIATION'.

The Home Association formed or continued pursuant to such authorization by the Post shall be a seprate NonStock Domestic NonProfit Corporation. It will be organized pursuant to the Pennsylvania NonProfit Corporation Law of 1988.

In no circumstance shall the Home Association or the Post be considered the agent, servant, workman, representative or employee of the other. Each shall manage its business and affairs and neither shall be obligated for the bills, debts or obligations of the other and the Post may not act as a surety or guarantor for the Home Association.

The Home Association may not utilize the symbol of or the designation "American Legion" without prior written consent of the American Legion.

The Home Association may not acquire or own real estate or fixtures attached thereto. The principal office and all regular activities of the Home Association shall be conducted at the facilities of the Post which shall be owned or leased by the Post and leased or subleased by it to the Home Association on such terms as the Post and Home Association shall agree.

No part of the net earnings of any Home Association may benefit any private member or individual.The Home Association may not ennage in political activities in support of any party or candidate.

The existance of the Home Association shall be perpetual subject to the right of this Post to terminate its authorization thereof. In such event, or in event of the dissolution of the Post or the loss of its Charter from The American Legion, the affairs of the Home Association shall bewound up and the Corporation dissolved.

SECTION 5. DISSOLUTION:
Upon dissolution of the Home Association, none of its assets may be distributed to any private member or individual, but such assets shall be transferred to this Post if a qualified tax exempt entity to recieve them, and if not, then to The American Legion, Department of Pennsylvania Inc. or if it should not be a qualified tax exempt entity to recieve the same, then to The American Legion.

ARTICLE II
OBJECTIVES

SECTION 1. OBJECTIVES:
The objectives of this Corporation are the maintenance of an organization for social enjoyments, to make and terminate leases for buildings, rooms, grounds or places and to provide those facilities for lawful games, amusements and social activities for its members.

ARTICLE III
MEMBERSHIP

Pursuant to the Guy E. Shelley, Jr. American Legion Post 974 By-Laws the Home Association may have different classes of members. However, only those members who are Regular American Legion members in good standing of this Post may have voting rights or hold an executive position, or other office therein. Any individual eligible for membership in this Post may not apply for membership in the Home Association other than membership in conjunction with membership in this Post.

Membership in the Corporation shall be comprised of persons who are members in the following groups:

SECTION 1. REGULAR MEMBER OF POST 974:
 A member in the Home Association Corporation shall be any member in good standing of the Guy E. Shelley, Jr. American Legion Post 974.

SECTION 2. AUXILIARY MEMBER OF THE LADIES AUXILIARY:
A member in the Home Association Corporation shall be any member in good standing in the Ladies Auxiliary of the Guy E. Shelley, Jr. American Legion Post 974.

SECTION 3. SONS OF THE AMERICAN LEGION GUY E. SHELLEY, JR. POST 974:
A member in the Home Association Corporation shall be any member in good standing in the Sons of the American Legion Guy E. Shelley, Jr. American Legion Post 974.

SECTION 4. SOCIAL:
A member in the Home Association Corporation shall be any member in good standing as a Social member of the Guy E. Shelley Jr. American Legion Post 974.

SECTION 5. DUTY:
It is the duty of the membership to voice their opinions on all business concerning this Corporation at regular meetings of the Corporation.

SECTION 6. VOTING:
Pursuant to the Guy E. Shelley, Jr. American Legion Post 974 By-Laws only Regular American Legion members in good standing of the Post shall be a voting member in good standing of the Home Association. Every Regular American Legion Application for membership in this Post shall also be an application for membership as a voting member in said Home Association.

SECTION 7. PRIVILEGES:
It is the responsibility of the Board of Directors to deny privileges of any member for due and just reason, as may be determined by the Board of Directors. The Board of Directors upon determination of individual cases may reinstate a member. An appeal of the decision of the Board of Directors may be presented at any regular meeting of this Corporation. Upon a majority affirmative vote of the Board of Directors present at said meeting the decision of the Board of Directors shall be reversed.

SECTION 8. MEMBERSHIP CARDS, FILE AND VERIFICATION:
Members of the Corporation, in good standing, shall be issued a Membership Card.

The names, addresses and Home Association Number of members of the Corporation will be maintained in a Membership File on the premises and accessed only by authorized persons. Said Membership File shall be available at all times. It shall be utilized to validate the membership of any member of the Corporation.

Upon request to a member, verification of membership may be made by any officer or employee of this Corporation who is on duty and in charge of the premises at that time, by either requesting to see a member's Membership Card, or, by verifying membership by requesting adequate form of indentification such as a driver's license and checking the Membership File for said member's name.

SECTION 9. GUESTS:
A guest is defined as an individual who is NOT a Regular American Legion, Auxiliary, SAL or Social member in good standing of Post 974 or a Regular American Legion, Auxiliary or SAL members in good standing of any other Post.

Regular American Legion, Auxiliary, SAL and Social members in good standing of Post 974,may bring up to four guests at any one time into the premises/facilities leased by this Corporation. Spouses of members do not need to be signed in when accompanied by the member. Spouses may not sign in guests.

Regular American Legion, Auxiliary or SAL members in good standing of othe Posts do not need to be signed in and may bring guests as outlined here.

The sponsor signing in guests will be responsible for their conduct at all times.

The sponsor must sign in all guests into the guest book and is responsible for any alcoholic purchases for said guests. Guests may NOT make alcoholic purchases at any time.

All guests must leave the Corporation's facilities with the sponsor signing them in.

After three visits to the Corporation's facilities, a guest must make application for membership to the Guy E. Shelley, Jr. American Legion Post 974 Home Association, Inc. for the category of membership to which they may be eligible if they reside within a fifty mile radius of the Corporation's facilities.

ARTICLE IV
MEETINGS


SECTION 1. REGULAR:
The regular meetings of all members will be held quarterly during the months of March, June, September and December. The June meeting shall be designated as the month for the nomination and election of the Corporation's Board of Directors. The President of this Corporation shall preside over all regular meetings of this Corporation, if available. A quorum of five (5) Board of Directors will be required to convene a regular meeting to conduct Corporation business.

SECTION 2. SPECIAL:
Special meetings of the membership may be convened by the President of the Corporation or upon call, in writing, and signed, by not less than seven (7)Corporation members.The Secretary will notify the Corporation membership by posting said notification at least five days, unless longer notice is required by law, prior to the meeting of the business to be transacted and only stated business of the Corporation will be acted upon, except by duly adopted resolution passed by a majority of the Board of Directors present at such meeting, and the consideration of additional business is declared. The President or Vice President of this Corporation must preside over all special meetings of this Corporation. A quorum of five (5) Board of Directors will be required to convene a special meeting to conduct Corporation business.

SECTION 3. BOARD OF DIRECTORS:
The Board of Directors will hold their regular meetings at a time established by the Board at least once per month. The President of this Corporation shall preside over all Board meetings of this Corporation, if available. A quorum of five (5) Board of Directors will be required to convene a Board meeting to conduct Corporation business.

SECTION 4. LOCATION:
All meetings of this Corporation shall be held at its principal offices.

SECTION 5. PROCEDURE:
The presiding officer of any meeting for the Corporation shall consult Robert's Rule of Order for operating procedures.


ARTICLE V
Board of Directors

SECTION 1. ELIGIBILITY:
Any Regular American Legion member of the Guy E. Shelley, Jr. American Legion Post 974 is eligible to be a member of the Board of Directors of this Corporation. The Board must be comprised of Regular American Legion members only. No member shall hold two elected offices on the Board of Directors.

SECTION 2. COMPOSITION:
The Board of Directors will have of a total of nine (9) member consisting of a President, Vice President, Secretary, Treasurer, and five (5) Directors. The Post Commander is automatically a Board member by his holding office. The Board may also allow one (1) Regular American Legion member, one (1) Auxiliary member, one (1) Sons of the American Legion  member and one (1) Legion Rider member as advisors. Advisors shall have NO voting rights.

SECTION 3. NOMINATION AND ELECTION:
The membership will nominate and elect, at the regular June meeting, a President, Vice President, Secretary, Treasurer, and five (5) Directors. Any member may nominate individuals for office provided said individuals are Regular American Legion member in good standing. Pursuant to the Guy E. Shelley, Jr. American Legion Post 974 By-laws only Regular American Legion members in good standing of this Post shall be a voting member in good standing of the Home Association and eligible to vote for Board of Directors.

SECTION 4. VACANCY:
In the case of a vacancy on the Board of Directors, the President will call a meeting for the purpose of electing a Director to fill said vacancy.

SECTION 5. REMOVAL FROM OFFICE:
Any member of the Board of Directors may be removed from office for cause shown upon the charges of seven (7) or more members. Charges must be submitted in writing, and signed, to a regular, special, or Board meeting, and approved by a majority of the Board of Directors at said meeting. The absence of any Board of Director member from three (3) consecutive meetings will constitute sufficient cause for removal from office by a majority vote of the remaining Board of Directors.

SECTION 6. SUPERVISION OF EMPLOYEES:
The Board of Directors will, by majority vote, have authority to employ officers, agents, and employees of this Corporation, and will fix the compensation that will be received by such officer, agents, and employees. The Board of Directors will have the authority to remove from a position any officer, agent or employee it is authorized to employ, provided a majority of the Board concurs.

SECTION 7. DELEGATION OF AUTHORITY:
The Board of Directors, by resolution, may delegate the power of management and supervision or all of a portion of the business of this Corporation to such individuals or committees as the Directors may determine, provided said individuals are Regular American Legion members.

SECTION 8. RULE OF THE CORPORATION:
At no time will any one Director assume the authority that is vested in the Board.

SECTION 9. TERM OF OFFICE:
The term of office of te Board of Directors will begin immediately following the installation of the Commander of Post and will continue for one year.

ARTICLE VI
DUTIES OF OFFICERS

SECTION 1. PRESIDENT:
It will be the duty of the President to preside at all meetings of te Board of Directors and at all regular and special meetings of the Corporation; to appoint all committees not otherwise provided for, and be an ex-officio member of all committees of this Corporation; to enforce a strict observance of the Laws of te Commonwealth of Pennsylvania, the By-Laws of this Corporation; to approve all orders drawn upon the Treasurer for the disbursement of money made and passed at a regular meeting of the Board of Directors; and he shall perform such other duties as the By-Laws of this Corporation may expect.

SECTION 2. VICE PRESIDENT:
It will be the duty of te Vice President to assist the President, and to preside in the absence of the President and to perform such duties as the By-Laws may require. In case of the vacancy in the office of the President, he will assume and carry out the duties of that office.

SECTION 3. PRESIDENT PRO TEMPORE:
In a case where the President and Vice President are absent, the remaining members will elect a President Pro Tempore who shall preside at said meeting. A quorum of five (5) Board of Directors will be required to convene said meeting to conduct Corporation business.

SECTION 4. TREASURER:
The Treasurer will receive all funds, securities, vouchers, and other properties of the Corporation pertaining to his office, and pay all current bills approved and designated by the Board of Directors at a regular or special meeting by petty cash or check with his signature and another authorized signature. He will keep accounts and perform such other duties as the By-Laws may require. He will deliver to his successor in office or to anyone designated by the Corporation all monies, books, and other property of the Corporation in his possession or under his control. Before entering upon his duties as Treasurer, he shall give good and sufficient bonds, or the Board of Directors may designate such larger amounts. He will give a financial report at each Corporation meeting.

SECTION 5. ASSISTANT TREASURER:
The Assistant Treasurer will be charged with the same duties as the Treasurer. He will make depositions, assist wit the financial reports; and be able to give these reports at the stated meetings. He will have the same bond in effect as the Treasurer. The Board of Directors shall appoint this assistant.

SECTION 6. SECRETARY:
The Secretary will keep in books or files properly prepared:
       1. A file for By-Laws of the Corporation and other Corporation legal documents.
       2. A record of each meeting of the Board of Directors, and each regular or special meetings of the Corporation membership.
       3. An order file.
       4. A correspondence file.

He will attest, by his signature, all actions of the Corporation; at all stated meetings given to the membership of the Corporation an Operations Statement of the past month; turn over to his successor all property of the Corporation in his possession; perform such other duties as the By-Laws of the Corporation may require.

SECTION 7. DIRECTORS:
It will be the duty of the Directors to assist the President and perform such other duties as the By-Laws of the Corporation may require. They will deliver to their successors in office all property of the Corporation in their possession or under their control.

ARTICLE VII
EMPLOYEES

SECTION 1. MEMBERSHIP:
Any male or female employee employed by the Corporation must be a member of the Corporation.

SECTION 2. RESPONSIBILITIES:
The employees of this Corporation shall acquaint themselves with and carry out the laws and rules of the Pennsylvania Liquor Control Board. They will be responsible for the purchase, sales, and distribution of all commodities in the premises/facilities of this Corporation, under the supervision of the Manager, the Board of Directors, or such other person or persons as the Board may from time to time designate, provided said persons are Regular American Legion members.

SECTION 3. DUTIES:
The duties of other agents or employees of this Corporation will be as prescribed by the Board of Directors, and shall include those responsibilities ordinarily incident to the obligations assumed by the employees.

ARTICLE VIII
AMENDMENTS

SECTION 1. FREQUENCY:
The Corporation's By-Laws may be amended only by the Board of Directors of this Corporation at any Board meeting.

SECTION 2. NOTICE:
All proposed amendments must be submitted in writing to, and reviewed by, the board of Directors. At the following meeting, a vote will be taken by the Board of Directors on the proposed amendment. Proposed amendments will be posted in the Corporation's  facilities at least thirty (30) days prior to the meeting at which the amendment is to be voted upon.

SECTION 3. QUORUM:
Any meeting at which an amendment is to be voted upon must have a quorum of five (5) Board of Directors present. An affirmative vote by a majority of the Board of Directors present shall be required to adopt a proposed amendment to the Corporation's By-Laws.

SECTION 4. PROCEDURE:
The presiding officer of any meeting for the Corporation shall consult Robert's Rules of Order for operating procedures.

ARTICLE IX
CORPORATE SEAL

SECTION 1.
The corporate seal of this Corporation will be, until otherwise ordered by the Board of Directors, an Impression upon paper as follows: Seal, Date approved, and Secretary Signature.


Approved by the Corporation's Incorporator on February 19, 2008, as the Corporation's amended operating By-Laws:

                                                                 ____Signature________
                                                                 Corporation President, Incorporator

SEAL

These By-Laws Approved by Unanimous Consent of the Board of Directors of the Corporation dated February 19, 2008 as attested to by the signature of the Secretary.

                                                                  ___Signature _____
                                                                  Corporation Secretary

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