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

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Rules of Conduct and Disciplinary Actions

In addition to the rules posted below this post has now adopted a 'NO COLORS' rule! Only 'colors' allowed in this post are military based MC's ie, Legion Riders, Patriot Guard Riders, Leathernecks, etc.  Any infraction to this code the Legion and it's officers will enforce their right to ask that person to remove said 'colors' or leave the premises. 
 

Guy E. Shelley Jr. American Legion Post 974

And

Home Association

 Rules of Conduct and Disciplinary Actions

 June 11, 2012

 Section I – Responsibilities:

This ‘Rules of Conduct and Disciplinary Actions’ document applies to all Guy E. Shelley Jr. American Legion Post 974 members [regular, sons, auxiliary, or social] on our post property and at all other veterans establishments.

The Home Association Board will be responsible for all disciplinary actions except as ruled by the Legion Executive Committee.

Proper attire for all Members [legion, sons, auxiliary, and social] and guests.

a.    No see through attire unless appropriate undergarments are worn.

b.    Shoes, sandals, or other protective footwear is required.

c.    Short shorts, where buttocks are exposed are forbidden.

d.    Attire with obscene or profane printing or writing is forbidden.

The Person in Charge [PIC] is the bartender on duty.  The PIC HAS THE AUTHORITY FOR ENFORCEMENT OF THE RULES OF CONDUCT.  All other persons shall report infringements of the Rules of Conduct to the PIC.  If necessary, and when called upon, all Post members present will assist in enforcing these rules when requested by the PIC.

We ask that both members [legion, sons, auxiliary, and social] and employees of the Canteen comply with and enforce these policies and rules.  Self-correcting or self-policing is the simplest form of government.  However, Canteen staff members have an obligation to both the Post and other patrons to take corrective action when violations occur.  Unacceptable conduct that is brought to the attention of the Board of Directors could result in a written warning, suspension of privileges, or termination of Canteen privileges.

The Board of Directors is the governing body for operation of the Post Canteen.  The Board of Directors may modify or amend these rules and policies from time to time as the situation dictates.  As a friendly reminder, Canteen rules and policies may be posted in the Post Canteen.

The PIC will notify the President of the Home Association and fill out an incident report before the end of their shift of and reportable incident.  All other members [regular, sons, auxiliary, or social] have twenty four [24] hours to submit and incident report.  The President shall inform the Legion Executive Committee as soon as possible of any Incident Report involving bodily injury, Post/personal property damage or theft, illegal substance abuse, illegal activities, Police or Fire Department involvement, and/or any other incident deemed detrimental to the Post.

Absolutely no alcoholic drinks of any kind may be brought onto or taken from Post premises, Canteen, or Pavilion. Prescribed beverages for medical purposes are exempt from the rules.

No lethal weapon of any type, concealed with or without a concealed carry permit, or openly carried, may be brought in the Legion Hall or Canteen areas.  Concealed weapon as paraphrased by Pennsylvania statutes, governing weapons and firearms, means any dirk, metallic knuckles, sling shot, billie, tear gas gun, chemical weapon, or any other deadly weapon carried from ordinary sight of other people.  Carrying of the small common folding pocket knife is not addressed by the Statute.  By state law, weapons may be left locked in your parked car.

All patrons have the right to request an Incident Report from the bartender or an officer of the Post at anytime.  All Incident Reports submitted by patrons will be reviewed by the Home Association Board at the next regularly scheduled Home Association Board meeting.  Should a patron forgo an Incident Report they may appear before the Home Association Board, at a regularly scheduled Home Association Board meeting, to state their issues.

Any individual involved in an Incident Report has the right to appear before the Home Association Board and/or Legion Executive Committee to question and/or appeal any disciplinary decisions.

Any Incident Report not covered by this document will be addressed on an individual basis by the Home Association Board, at the next regularly scheduled Home Association Board meeting, for appropriate action.

All Incident Reports must be signed and dated by the submitter(s).  Provide as much pertinent information as necessary to completely describe the incident being reported. Include the names of all parties involved and witnesses.

Any questions regarding this document should be brought before the Home Association Board at a regularly scheduled Home Association Board meeting.

Section II – Conduct and Disciplinary Actions:

The following are general areas of conduct that will require an Incident Report to be filed for review by the Home Association Board and/or Legion Executive Committee.  These areas should not be construed to be all inclusive.  Other areas may require an Incident Report to be filed for review by the Home Association and/or Legion Executive Committee.  These will be handled on an individual basis.  There are two [2] classifications of these offenses that will be reviewed by the Home Association Board.

 MAJOR OFFENSES:

a)    A major offense is defined as any one or more of the following actions.

1.    Any act of physical violence that results in or could have resulted in injury to persons on Post property.

2.    Any act of intentional and/or malicious damage to Post property or personal property on Post premises.

3.    Any act or contribution to such an act that could potentially result in legal liabilities to the Post and/or its members, [inclusive of any violation of State or Federal law, and statutes governing sexual harassment].

4.    Any violation of the rules banning concealed/lethal weapons inside the Canteen or Post.

5.    Theft including but not limited to the unauthorized taking or giving away: currency or legal tender; any Canteen or Post property; consumables from the kitchen or Canteen; beverages or meals without paying for them.

6.    Intentional unlawful threats by word or act to do violence to a Post member [regular, sons, auxiliary, or social]. Guest or a Post member, or employee.

b)    The following rules shall apply to an individual judged as having committed a major offense:

1.    1st Offense – 1-year suspension of Canteen privileges followed by 3-years’ probations.  Any offense that is committed involving a concealed or deadly weapon of any kind will be treated as stated in [2] below in addition to any State weapons violations imposed by the State of Pennsylvania.

2.    2nd Offense – Indefinite – revocation of Canteen privileges.

3.    Failure to reimburse Post 974 for damages within specified time frame shall result in indefinite suspension.

Any person that is given an indefinite suspension and/or is currently on suspension may reapply for Canteen privileges one time a year after a period of five [5] years from the date of the suspension.  The approval by the Board must be a 2/3 majority for reinstatement.

MINOR INFRACTIONS:

a)    A minor infraction is defined as any violation of the Rules of Conduct not categorized as a major offense.  Also falling under this definition is behavior that includes vocally inciting other patron[s] into a position where they resort to verbal outbursts and conduct unbecoming of a Legionnaire, Sons of Legionnaire, Auxiliary, or Social member.

b)    The following rules shall apply to an individual judged as having committed a minor infraction.

1.    1st Offense – Up to a 40 day suspension of Canteen privileges, followed by one-year probation, from date of incident.

2.    2nd Offense – 180 days suspension of Canteen privileges followed by two-year probation, from the date of incident.

3.    3rd Offense – Three year suspension of Canteen privileges followed by two years’ probation, from the date of the incident.

4.    Any incident in a probation period shall automatically go to the next Offense degree level.

Disciplinary hearings:

1.    In the event charges are brought against a post member for major offense[s] or minor infraction[s] of these Post Rules as defined above, the accused member [legion, sons, auxiliary, or social] shall be required to respond to a Disciplinary hearing conducted by the Board of Directors of the Post.  In no case will such hearing take place less than ten [10] daysw from the date of notification unless waived by the accused.

2.    The accused will receive proper written notification of the charges made against them and the date, time, and place of the hearing surrounding the matter[s].  Notification shall include instructions in preparations for the hearing.  Proper Notification shall be defined as Return Receipt USPS or personal delivery of such letter to the individual by Person in Charge or Post Officer.  Failure of accused to appear in front of Post Board, after proper notification, can result in suspension without appearance.

3.    Members [legion, sons, auxiliary, or social] of Major/Minor offenses are suspended from the Canteen until advised by the Board that the suspension is rescinded.

4.    Probation – Any person under sentence of probation by the Board shall be under the supervision of the Board.  The Board may revoke such sentence of probation and impose suspensions as set forth in these articles without benefit of further hearing on the matter.

Intoxication –

Any patron who appears to be intoxicated by the PIC will not be served alcoholic beverages.

Coffee, soft drinks and/or food will be made available to the patron.  Every attempt will be made to insure the patron has safe transportation to his/her home.  If necessary, a Taxi will be called.

Regularly repeated incidences of intoxication by the patron will be brought to the attention of the Home Association Board for possible action.  The offender will be asked to calm down or be ‘flagged’.  If the problem continues, the offender will be ‘flagged’ and told to vacate Post property IMMEDIATELY for the evening.  Every attempt will be made to separate all individuals involved to prevent a physical altercation.

The Home Association Board will convene a meeting as soon as possible and review the incident to determine the total period of suspension.  Offenders will be notified of the meeting and are encouraged to attend.  Offenders will be notified verbally and in writing of the Home Association Board’s decision.  Any damages caused as a result of the altercation are the responsibility of the offenders involved.

Post/personal property damage or theft –

Any patron intentionally causing damage to and/or theft of Post/personal property will be immediately suspended and told to vacate Post property.  Depending on the severity of the damage or theft as determined by the Board, charges could be pressed and a Police report submitted.  Every attempt will be made to protect Post/personal property from damage or theft.  Every attempt will be made to recover stolen Post/personal property.

Illegal Substances –

Any individual[s] who possess, uses or traffics in illegal substances on Post property will immediately be told to vacate Post property.  Any incident of illegal substance possession, use or trafficking will be reported to the appropriate authorities.

Post Privileges will be immediately and indefinitely suspended for the individual[s] involved.  These actions jeopardize our Post licenses and will not be tolerated.

Illegal Activities –

Any individual[s] who participate in illegal activities on Post property will immediately be told to vacate Post property.  Any incident of illegal activity will be reported to the appropriate authorities.

Post privileges will be immediately and indefinitely suspended for the individual[s] involved.  These actions jeopardize our Post licenses and will not be tolerated.

Other Behavior Unbecoming a Post Member –

Any patron involved in behavior unbecoming a Post member [legion, sons, auxiliary, or social] will be sited in an Incident Report, if not covered above.  The Incident Reports will be handled on an individual basis by the Home Association Board.  Disciplinary actions will be commensurate with the offense and may include suspension of Post privileges.

Section III – General:

When ‘flagged’, an offender will IMMEDIATELY vacate Post property.  A patron who is ‘flagged’ will have any unfinished drink removed.

The Pennsylvania Liquor Control Board rules/laws will apply in all cases and will take precedence.

The Home Association Board will notify any offender, verbally and in writing, of any decisions involving suspension of Post privileges.

An offender under suspension must stay off Post property and may not use any Post services or participate in any Post functions.  An offender under suspension will be allowed into the Post only to attend meetings of their organization.  The offender must vacate Post property immediately after such meetings.

All 2nd and subsequent Incident Reports filed on an individual, regardless of category, will be reviewed by the Home Association Board for final action which may supersede the above disciplinary actions.

Any incident that results in bodily injury, property damage, or theft may be reported.  Police or Fire Department involvement will be reviewed by the Home Association Board and/or Legion Executive Committee for final action which may supersede the above disciplinary actions.

In any case of Police or Fire Department involvement, all patrons should be cooperative with and follow the directions of these officials.  No patron shall present them self as an agent of the Post.  Post officers will inform officials of their position but will not represent the Post.  The Home Association Board and/or Legion Executive Committee will determine the representatives of the Post should it become necessary. 

Section IV – APPROVAL

These Rules of Conduct and Disciplinary Actions have been approved by the Home Association Board, the Legion Executive Committee, and the General [Legion] membership on and are effective as of this date.  Original signatures by Tim Sentz, Home Association President and Commander, attested by James R. Grove, Home Association Secretary and Adjutant, are filed in the Post Records.  These rules will remain in effect until revised or revoked.

 

                       

 

 

 

 

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