OFFICIAL
The Constitution and By-Laws of The American Legion Pablo J. Cortez Post 26, Department of Arizona, as
set out herein, is in full force and effect and represents actions taken by the membership at regular meetings
of Mesa Post 26; adopted 1949, 1951, 1968, 1975, 1981, 1983, 1986, 1987, 1992, 1996, 2002, 2004, 2005,
2010, 2012, 2013, 2015, 2016, 2019 and 2023.

PLEDGE OF ALLEGIANCE
I pledge allegiance to the Flag of the United States of America
and to the Republic for which it stands,
one Nation under God, indivisible,
with Liberty and Justice for all.

Amended March 2023
THE AMERICAN LEGION
PABLO J. CORTEZ
POST 26
DEPARTMENT OF ARIZONA
505 WEST SECOND AVENUE
MESA, ARIZONA 85210

C-O-N-S-T-I-T-U-T-I-O-N
P-R-E-A-M-B-L-E
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 helpfulness;

Amended March 2023

ARTICLE I--NAME
Section 1. The name of this organization shall be “The American Legion Pablo J. Cortez
Post 26, Department of Arizona”. Amended March 2023.
Section 2. The American Legion Pablo J. Cortez Post 26, Department of Arizona shall
be located in the city of Mesa, Arizona. Amended March 2023.

ARTICLE II--OBJECTIVES
Section 1. The objectives and purposes of this Post shall be to promote the principles
and policies as set forth in the foregoing Preamble, and the National and Departmental
Constitution of The American Legion.

ARTICLE III--NATURE
Section 1. This Post is a civilian organization and membership therein does not affect or
increase liability for military or police service. Rank does not exist in The American Legion;
and no member shall be addressed by their military or naval title in any meeting of this Post.
Section 2. This Post shall be absolutely nonpolitical and shall not be used for
dissemination of partisan principles nor for the promotion of candidacy of any person
seeking public office or preferment.

ARTICLE IV--MEMBERSHIP
Section 1. Eligibility for membership in this Post shall be as prescribed by the National
Constitution of The American Legion.
Section 2. There shall be no form or class of membership except an active membership
with a recognized Post within the Department.
Section 3. No person shall be a member of more than one Post.
Section 4. All applications for membership shall be acted upon at the next Post meeting
and shall be accepted, rejected, or referred for further consideration. If a majority of the
members present cast their vote against the acceptance of said application, then such
application shall be rejected. A rejected application shall not again be considered until six (6)
months from the date of the rejection.
Section 5. Members may be suspended or expelled from the Legion only upon a proper
showing of cause. Charges shall be based upon disloyalty. neglect of duty, dishonesty, and
conduct unbecoming of a member of The American Legion. All charges must be made under
oath in writing by the accusers, and no member in good standing shall lose his membership
until given a fair trial by the Post. The fair trial shall be in the same manner for the removal of
elected Post officers in Article III, Section 10 of these By-Laws.
Section 6. Any member who has been suspended or expelled has the right to appeal to
their Department Executive Committee or to the Department Convention according to the
provisions in the By-Laws of such Department. The decision of the Department shall be final.

Amended March 2023
Section 7. No person who has been expelled by any Post shall be admitted to
membership into this Post without the consent of the expelling Post, except that where such
consent has been asked and denied by expelling Post. They may then appeal to the
Executive Committee of the Department of the expelling Post for permission to apply for
membership in this Post and shall be ineligible for membership until such permission is
granted.
Section 8. Effective 1 January (amended 01/2013) of each membership year, if current
dues have not been paid, the member will be suspended with all privileges denied until
current dues are paid.

ARTICLE V--OFFICERS
Section 1. The elected Officers of this Post shall be a Commander, a Senior Vice
Commander, a Junior Vice Commander, a Sergeant-at-Arms, five (5) Executive
Committeemen, a Club Committee Chairman, and other such officers as may be deemed
necessary by this organization. Nominations and elections of the aforementioned officers
shall be as provided in the By-Laws. Amended March 2023.
Section 2. The administrative affairs of this Post shall be under the supervision of the
following elected officers of this Post: Commander, Senior Vice Commander, Junior Vice
Commander. Sergeant-at-Arms, and five (5) executive Committeemen, herein known as the
"Executive Committee." Amended March 2023.
Section 3. The management of the Social Club operations of this Post shall, except as
may be otherwise provided by the By-Laws, be under the supervision of the Club
Committee.
Section 4. Any member of this Post in good standing shall be eligible to hold office
except for Social Club employees.

ARTICLE VI--FINANCE
Section 1. The revenue of this Post shall be derived from annual membership dues and
from such other sources as may be approved by the Post Executive Committee.
Section 2. The amount of such annual membership dues shall be as determined by this
Post.
Section 3. The Post shall pay to the Department Headquarters the National and
Department per capita tax for every member of this Post.

ARTICLE VII--AMERICAN LEGION AUXILIARY
Section 1. This Post recognizes an Auxiliary organization to be known as “The American
Legion Auxiliary of Pablo J. Cortez Unit #26”. Amended March 2023.
Section 2. Membership in the Auxiliary Unit shall be as prescribed by the National
Constitution of The American Legion.

Amended March 2023
ARTICLE VIII--AMENDMENTS
Section 1. This Constitution as adopted is subject to the provisions of the National
Constitution of The American Legion, and of the Constitution of the Department of Arizona,
The American Legion. Any amendment to the National Constitution or Department
Constitution which conflicts with any provisions hereof shall be regarded as automatically
repealing or modifying the provisions of this Constitution to the extent of such conflict.
Section 2. This Constitution may be amended at any regular Post General Meeting,
providing that the proposed amendment shall have been submitted in writing, read at the
next regular meeting, and that written notice shall have been given to the Post membership
at least ten (10) days in advance of the meeting that the amendments will be voted upon.
Written notice will be considered given when it is communicated by means of mail, email, the
Post's bulletin board, Website, or Social Media Accounts. A two-thirds (2/3) majority vote of
Post members present is necessary to amend this Constitution. Amended March 2023.

Amended March 2023
POST BY-LAWS

ARTICLE I--POST MANAGEMENT

Section 1. The administration of this Post is entrusted to the Post Commander with the
Executive Committee. Amended March 2023.

ARTICLE II--POST LOUNGE MANAGEMENT
Section 1. The management of the Social Club of this Post is entrusted to the Club
Committee whereas the Post Commander with the Executive Committee has oversight of the
Club Committee decisions. Amended March 2023.

ARTICLE III--NOMINATIONS AND ELECTIONS
Section 1. The elective officers shall be nominated annually from the floor during the
March and April membership meetings. All nominated members will need to be a member of
Post 26 for twelve months and in Good Standing. Amended March 2023.
Section 2. Election of officers shall be by written ballot held between the current (amended
10-2015) clubroom opening hours which will be 8AM to 6PM on the first regular meeting in
May. Prior written notice of voting date and times will be given to the Post membership. Elected
officers shall be installed at the next regular meeting. The newly elected officers shall take
office immediately upon adjournment of the Department Convention.
Section 3. The Post officers that will be nominated and elected in accordance with Section
1 and 2 of this Article, shall be Post Commander, Senior Vice Commander, Junior Vice
Commander, Sergeant-at-Arms, five (5) Executive Committeemen. All terms shall be for one
(1) year. Amended March 2023.
A. Deleted March 2023.
B. Deleted March 2023.
Section 4. The candidate(s) receiving the highest number of votes shall be elected to the
respective offices. The total ballots will be reported in accordance with Article IV, paragraph
7, Post Commander's Handbook reads in part, "The form of the report of the Elections
Committee for each office to be filled is as follows: (example), For Commander - number of
votes cast - 30; Brown received - 19; Jones received - 10; Green received - 1; (The highest
number of votes for each office stated first.)." In counting the ballots every name for which a
vote has been cast must be reported. The number of spoiled ballots shall be reported.
A. A voter error that spoils only a portion of the ballot shall not invalidate any
correctly voted portion. The Election Committee shall report a spoiled ballot for such office but
shall nevertheless tally the remaining properly voted portions of the ballot.
Section 5. No member may nominate more than one (1) candidate for the same office.
Section 6. A member nominated for one Post office may not be nominated for another
Post office unless they first withdraw their name from the previous nomination.

Amended March 2023
A. A Post officer may be nominated for any Post office pursuant to the provision
of this Article; however, prior to accepting the nomination he must immediately resign his
office, provided his present term would extend beyond the date he would assume the office
for which he is a candidate.
Section 7. No member's name shall be placed in nomination for a Post office if not
present, except where a written consent from the nominee is presented to the floor stating
their acceptance thereof.
Section 8. No member's name shall be withdrawn from nomination for a Post office if not
present, except where a written consent from the nominee is presented to the floor stating
their rejection of nomination thereof.
Section 9. A Nominating Committee may be appointed by the Post Commander; however,
no member of this Committee may be a candidate for any office in the Post. If constituted, the
Committee shall present its recommendations to the floor prior to any other nominations for
Post office.
Section 10. Any elected post officer or member may be removed from office by the following
procedure: A typewritten, signed formal written request to remove the officer/member shall be
presented to the Executive Committee. If the Executive Committee approves the signed formal
written request by a majority vote of those present, they shall, within ten (10) days, in person,
by registered mail, or by email, notify the officer/member of the pending action, and shall
schedule a Special Membership meeting. Amended March 2023.
A. If the complainant is not satisfied with the action of the Executive Committee,
they may request to present the complaint to the membership at a regular Post meeting. If the
membership approves the signed formal written request by a majority vote of members
present, the Commander shall, within ten (10) days, in person, by registered mail, or by email,
notify the officer/member of the pending action, and shall schedule a Special Membership
meeting. Amended March 2023.
The question of removal shall be considered at a Special Membership meeting called for that
purpose. A majority vote of the members present shall be necessary for removal. The Post
Commander, Sr. Vice Commander, Jr. Vice Commander, Sgt of Arms and Executive Board
Committeemen shall require a two-thirds (2/3) vote of the membership present at the special
membership meeting for removal. Amended March 2023.

ARTICLE IV--ELECTIVE OFFICE VACANCIES
Section 1.
A. A vacancy shall exist whenever an officer of the Post is absent from his or her
duties for two (2) regular Post meetings in any elective year unless properly excused by the
Post Commander. The absence of the Commander may only be excused by the Executive
Committee. An elective year runs from July First (1) through June Thirtieth (30). Amended
March 2023.
B. A vacancy shall exist whenever an elective member of the Executive
Committee is absent from his or her duties for two (2) regular Committee meetings unless
excused by the Commander.

Amended March 2023
C. Moved to Article VI--Club Committee Section 3 March 2023.
Section 2.
A. In the event of a vacancy in the office of Post Commander, the Senior Vice
Commander shall automatically succeed as Post Commander, the Junior Vice Commander
shall automatically succeed as Senior Vice Commander, the Sgt at Arms shall automatically
succeed as Junior Vice Commander thereby creating a vacancy in the office of Sgt at Arms.
The vacant office of Sgt at Arms shall be filled by nomination and be appointed by approval of
the Commander with the Executive Committee. Amended March 2023
B. In the event that a vacancy simultaneously occurs in the office of the Post
Commander, Senior Vice Commander, Junior Vice Commander, and Sgt at Arms, the
Executive Committee shall appoint a Commander to implement the provisions of this Article.
Amended March 2023
Section 3. A vacancy occurring in any other elected Post office shall be filled by
nomination and be appointed by approval of the Commander with the Executive Committee.
Amended March 2023
Section 4. . Deleted March 2023.
Section 5. . Deleted March 2023.
Section 6. An elected officer who serves less than seven (7) full months in the office to
which he or she was elected shall not be considered a past officer unless his or her termination
of service was due to a medically certified illness or death.
A. An officer automatically succeeding to a vacant office shall be considered a
past officer in that position if he or she has served not less than seven (7) months.
B. Any service less than seven (7) months shall be applied to the office which he
or she was previously elected.

ARTICLE V--POST EXECUTIVE COMMITTEE
Section 1. The Post Commander shall officiate as Chairman at all meetings of the
Executive Committee. The Committee shall meet at the call of the Commander. The
Commander shall call a meeting of the Committee upon the joint written request of four (4) or
more members of the Executive Committee. Five (5) members of the Committee shall
constitute a quorum. Amended March 2023.
Section 2 The Committee shall authorize and approve the expenditure of funds
necessary for normal operation of the Post, shall require adequate bonds from all persons
handling monies of this post, shall hear reports of the Committee Chairman and, generally,
shall have charge of and be responsible for the management of the affairs of this Post,
including all property, real and otherwise.
Section 3. The Finance Officer shall serve ex-officio as a member of the Executive
Committee, but without a vote.

Amended March 2023
Section 4. . Deleted March 2023.
ARTICLE VI--CLUB COMMITTEE
Section 1. The Club Committee shall consist of four (4) American Legion Family
members. The Post Commander will appoint one (1) Legionnaire member. The Auxiliary
President will appoint one (1) Auxiliary member. The Sons of the American Legion
Commander will appoint one (1) SAL member. The Legion Riders President will appoint one
(1) ALR member that cannot be the same member that will be appointed by any of the other
American Legion Family entities. The Chairman of the Club Committee shall be elected by the
Post Membership whereas this position will be open to any American Legion Family Member.
The Club Committee shall meet at the call of the Club Committee Chairman or the Post
Commander. Three (3) Committeemen shall constitute a quorum. Amended March 2023.
Section 2. A monthly report of all actions of the Club Committee shall be made to the
Post.
Section 3. A vacancy shall exist whenever a member of the Club Committee is absent
from his or her duties for two
(2) regular meetings unless excused by the Chairman. Amended

March 2023.
ARTICLE VII--DUTIES OF ELECTED OFFICERS
Section 1. The Post Commander shall be the Chief Executive Officer of the Post. He or
she shall preside at all meetings and shall have general supervision over the business affairs
of the Post. He or she shall request a property and fiscal inventory to be taken within fifteen(15)
days after the close of the fiscal year. He or she shall present an annual report at a regular
meeting in June, covering the business of the Post for the preceding year with
recommendations for the ensuing year. The Post Commander can be reimbursed for
expenses incurred in the execution of his or her duties up to $300 upon approval of the
Executive Committee. He or she shall perform such other duties as directed by the Post
Executive Committee and/or Post Membership. Amended March 2023.
Section 2. The Senior Vice Commander shall assume and discharge the duties of the Post
Commander at the request, absence, or disability of the Commander. He or she shall be the
Chairman of the Membership Committee and be responsible for the procuring and
presentation of new members, the reinstatement of delinquent members, investigating the
eligibility of any prospective member and all matters pertaining to membership. He or she shall
perform such other duties as delegated by the Commander or by the Post Executive
Committee and/or Post Membership. Amended March 2023
Section 3. The Junior Vice Commander shall assume and discharge the duties and
responsibilities of the Post Commander in the absence. or disability of both the Commander
and the Senior Vice Commander. He or she shall be Chairman and be responsible for the
social activities of the Post and shall perform such other duties as delegated by the
Commander or by the Post Executive Committee and/or Post Membership. Amended March
2023
Section 4. The Sergeant-at-Arms shall be responsible for preparing the Post room for
regular meetings. He or she shall be the official custodian of the colors and assure that they

Amended March 2023
are property posted and retired at all Post functions. He or she shall be responsible for
preserving order at all Post meetings and throughout the Post building. He or she shall perform
such other duties as delegated by the Commander or by the Post Executive Committee and/or
Post Membership. Amended March 2023
Section 5. The five (5) Executive Committeemen shall be charged with the following duties
and responsibilities: Amended March 2023.
A. Reviewing and monitoring all Post expenditures that comes before the
Executive Committee, including but not limited to, those actions of the Club Committee and
the Bingo Committee that require approval of the general membership; these matters shall
include salary, bonuses, and renovations etc.
B. All other Post matters which require action from the floor.
C. Monitoring Post home grounds for upkeep, wear and tear of equipment, and
shall report directly to the Executive Committee.
D. Any other duties delegated by the Commander or by the Post Executive
Committee and/or Post Membership. Amended March 2023
Section 6. The Club Committee shall be charged with the duties and responsibilities as
provided in Article VIII Sections 1-7.

ARTICLE VIII--CLUB COMMITTEE
Section 1 Hereinafter the Social Club Room shall be referred to as the Post Lounge.
Section 2. The Post Lounge shall be operated under full compliance of all local and state
liquor law regulations, including but not limited to permitting and licensing. A copy of the rules
and regulations local and state agencies shall be incorporated into the Post Constitution and
By-Laws by reference, giving title of document and date of the latest revision. In addition, the
Lounge shall be operated in accordance with the Department Club Committee and the Post
Constitution and By-Laws. All emergency repairs more than $1,000 shall be approved by the
Executive Committee.
Section 3. Upon adjournment of the Department Convention the Committee shall meet
and select a Club Committee Vice Chairman. The Club Committee Chairman shall preside at
all Committee meetings and shall act as spokesman for the group to the Executive Committee.
He or she shall assign duties to each member and is to assure that each member takes an
active part in the activities of the Club Committee. The Club Committee Vice Chairman shall
in the absence or disability of the Club Committee Chairman, continue to discharge the duties
of the Club Committee Chairman until such time as is warranted by the nature of the absence.
The Club Committee Vice Chairman shall perform such other duties as directed by the Club
Committee Chairman.
A. Deleted March 2023.

Amended March 2023
Section 4. On the last Sunday of each quarter (March, June, September, December) the
Committee shall make a complete inventory of lounge supplies and stock on hand. The
Committee shall assure that an adequate money reserve is maintained for change and other
purposes required in the daily operation of the lounge.
Section 5.
A. Selection of the Post Bar Manager shall be made by the Club Committee and
presented to the Executive Committee for review and approval, and a majority vote of the
members present at the next regular Post meeting.
B. The Bar Manager shall select an Assistant Bar Manager to act in the place of
the Bar Manager in case of illness, death, or other extenuating reason(s).' In the absence of
the Bar Manager, for any of the reasons noted above, the Assistant Bar Manager shall replace
him or her and continue to exercise the duties of the Bar Manager. He or she will serve on an
interim basis until such time as the Committee confers and makes a recommendation.
Selection of the new Bar Manager shall be approved by the Executive Committee. (Statement
Deleted March 2023.) The Assistant Bar Manager shall perform such other duties deemed
necessary by the Bar Manager. Amended March 2023
C. The Bar Manager shall employ the personnel required to properly operate the
lounge. All orders or instructions pertaining to lounge policy shall be communicated to the
Assistant Bar Manager as well as to all bartenders and other lounge employees.
D. Deleted (10/2013).
Section 6. Imposition of disciplinary action by the Club Committee. The American Legion
Family members may have their club privileges suspended upon a proper showing of cause
to the Club Committee. Charges can range from physical to verbal harassment of employees
to fellow patrons; any use of vulgarity in the club, fraudulent behavior and/or conduct
unbecoming of a member of the American Legion Family. Charges must be written and signed
to be considered. A fair trial shall be held in accordance with National, Department and District
rules and regulations. Amended March 2023
Section 7. All Committee actions shall be reported at the membership meeting each
month, except during the recess months, July and August. The Committee shall perform such
other duties as delegated by the Commander or by the Post Executive Committee.

Amended
March 2023
ARTICLE IX--APPOINTMENTS
Section 1. Immediately upon taking office, the Post Commander shall appoint the
following Post officers: Adjutant, Chaplain, Finance Officer, Historian, Judge Advocate and
Service Officer. He shall also appoint a Chairman of the following standing Committees:,
Americanism. Athletic, Auditing, Bingo, Legislative, Awarded Life Membership and Publicity.
He or she may appoint other Committee Chairmen as he or she deems necessary.
Section 2. All appointments made pursuant to the provisions of Section I must be
approved by the Executive Committee. Any elected Post Officer may serve in any appointed
position, except Finance Officer, and still retain their elected officer.

Amended March 2023
Section 3. Any appointed officer or Committee Chairman or Committeeman may be
removed from office by the Commander upon a majority approval of the Executive Committee.
(A vacancy shall automatically exist whenever an appointed officer or Committee Chairman is
absent from two (2) regular meetings in any elective year unless properly excused by the Post
Commander.) Amended March 2023.
Section 4. The Adjutant shall keep an accurate record of the proceedings at all Post
meetings and shall maintain all records required by the Department and National
Organization. He or she shall handle all correspondence under the direction of the
Commander. He or she shall be adequately bonded in the amount established by the
Executive Committee and prior to taking office shall present proof of proper bonding to the
Executive Committee. He or she shall perform such other duties as directed by the Post
Commander or by the Post. The Post Adjutant can be reimbursed for expenses incurred in
the execution of his or her duties up to $300 upon approval of the Executive Committee. The
Adjutant shall be compensated in an amount as determined by the Executive Committee.
Section 5. The Chaplain shall be charged with the spiritual welfare of the Post. He or she
will conduct divine, on-sectarian services for dedications, funerals and other occasions when
requested. He or she will adhere to the ceremonial rituals set forth by the Department and
National orders and directives. He or she shall be responsible for visiting and comforting Post
members and their families in time of sickness or bereavement and shall arrange for veterans
in hospitals to be regularly visited. He or she may, with the approval of the Executive
Committee, appoint necessary assistants. He or she shall perform such other duties as
directed by the Commander or by the Post.
Section 6. The Finance Officer shall have charge of the Post and Social Club finances
and shall be responsible for the safekeeping and proper deposits of all monies turned over to
him or her. He or she shall be required to maintain all financial or business records necessary
for a complete audit. He or she shall be the official custodian of all legal documents and of the
inventories of all Post property. He or she shall obtain necessary safety deposit boxes in a
reliable bank for the safekeeping of such records.
A. The Finance Officer shall be responsible for the proper filing of all tax forms
and the payment of taxes due.
B. The Finance Officer shall present to the Executive Committee at their first
meeting in July a Bingo budget for the coming fiscal year.
C. The Finance Officer shall be adequately bonded in the amount established by
the Executive Committee and prior to taking office shall present proof of a proper bonding to
the Executive Committee.
D. The Finance Officer shall be compensated in an amount as determined by the
Executive Committee.
E. The Finance Officer shall report each month to the Executive Committee and
the general membership on the financial state of the Post with recommendations pertaining to
the raising or disbursing of Post funds.
F. The Finance Officer shall report each month to the Club Committee and the
general membership on the financial state of the Social Club.

Amended March 2023
G. Within fifteen (15) days after the close of the fiscal year, the Finance Officer
shall make all business and financial records available to the Auditing Committee for audit. He
or she shall, if ordered by the Executive Committee or the general membership, make the
aforementioned records available to a designated Certified Public Accountant for audit.
In the absence or disability of the Finance Officer, the Commander, with the advice and
consent of the Executive Committee, may appoint a Finance Officer Pro Tempore, to serve
until the Finance Officer is able to resume his or her duties.
The Finance Officer shall perform such other duties as delegated by the Post Commander or
by the Executive Committee. Amended March 2023.
Section 7. The Historian shall be responsible for compiling a history of the Post. He or she
shall be charged with the collection and preservation of the records of Post incidents and the
records of individual members that would contribute to this undertaking. He or she shall
perform such other duties as directed by the Post Commander or by the Post.
Section 8. The Judge Advocate shall advise the Post Officers and the Executive
Committee on all legal matters, including the interpretation of the Post Constitution and By-
Laws. He or she shall perform such other duties as directed by the Post Commander or by the
Post.
Section 9. The Service Officer shall assist worthy comrades, and/or their families in
processing Veterans claims. He or she shall help within the guidelines established by the Post
in matters concerning rehabilitation, employment, relief and child welfare. He or she may. With
the approval of the Executive Committee, appoint necessary assistants. He or she shall
perform such other duties as directed by the Post Commander or by the Post.
Section 10. The Americanism Committee Chairman shall be responsible for the promotion
of programs that would encourage good citizenship and participation. He or she shall offer
assistant to local schools and community organizations to encourage a proper observance of
patriotic occasions. He or she shall perform such other duties as directed by the Post
Commander or by the Post.
Section 11. The Auditing Committee shall cosmist of two (2) members and a Chairman.
They shall complete an audit of the Post and Social Club financial records within thirty (30)
days after the close of the fiscal year. The Chairman shall make his or her report directly to
the Executive Committee at their next regular meeting after the audit. The Chairman shall
perform such other duties as directed by the Post Commander or by the Post.
Section 12. The Bingo Committee Chairman shall be responsible for supervising all Bingo
events sponsored by the Post and shall assure that the activities are conducted within the
guidelines as directed by the Arizona Bingo Commission. He or she shall determine that
adequate supplies are on hand and that the required equipment is in good repair. He or she
shall properly account for all monies derived from Bingo and provide safekeeping until turned
over to the Finance Officer. He or she shall preside over all meetings of the Bingo Committee
and shall hold meetings of the Bingo Committee periodically for reviewing all matters
pertaining to Bingo. He or she shall perform such other duties as directed by the Post
Commander or by the Post.

Amended March 2023
Section 13. The Legislative Committee Chairman shall inform the membership of all
proposed or pending legislation at the State or National level that might be pertinent to
Veterans and shall advise the membership as to the position of The American Legion
concerning such legislation. He or she shall perform such other duties as directed by the Post
Commander or by the Post.
Section 14. The Awarded Life Membership Committee shall be composed of the Executive
Committee, until such time there are at least five (5) living members who have been awarded
a Life Membership by the-Post to serve on the Awarded Life Membership Committee, thereby
replacing the Executive Committee.
A. The minimum essential requirements for consideration for an "Awarded Life
Membership" shall be:
1. Fifteen (15) years continuous membership in The American Legion.
2. Ten (10) years continuous active service in this Post. Active service is
defined as a service rendered to this Post as an Officer or as a member of an active committee.
B. A nomination for a Life Membership Award may only be made by a member of
this Post and shall be directed to the Committee for investigation and recommendation. A
nomination shall not be considered unless it is typewritten and contains a resume of the
nominee setting forth the essential service required for the Award.
C. The Committee shall meet prior to the first regularly scheduled Post meeting in
November of each year and, in addition, may meet at the discretion of the Post Commander
after notification is mailed fourteen (14) days prior to the date of the special meeting.
Thirty (30) percent (%) of the Committee shall constitute a quorum. Voting shall be by secret
ballot and a simple majority of those present is necessary for a recommendation. All
Committee meetings shall be in camera and the names of nominees presented to the
Committee shall not be disclosed until properly recommended to the Executive Committee or
to the membership at a regularly scheduled meeting.
D. Deleted March 2023.
Section 15. The Publicity Committee Chairman shall be responsible for promoting public
support of The American Legion programs. He or she shall establish liaison with The American
Legion Magazine, the National and Department news services, local newspapers and other
media to assure proper publicity for Post activities.
ARTICLE X-EMPLOYEES (added 10/2013)
Section 1. All employees will be on payroll with the exception of any contractors who will
be issued a 1099 at the end of the year. No employee contract will be considered longer then
monthly unless the employee has a signed contract with the Post that states otherwise. All
contracts will be approved and signed by the Post Commander and Executive Committee.
Amended March 2023.
Section 2. All employees will be considered “part-time” employees with no paid vacation
time.


Amended March 2023
Section 3. All employees can be terminated with a fourteen (14) day notice for any reason
unless the employee has a signed contract with the Post, or due to a discrimination allegation
or protection under federal law, such as whistle blowing. Amended March 2023.
Section 4. The following are considered “employees” of American Legion Post 26:
Amended March 2023.
A. Club Employees.
1. Bartenders can be terminated by the Club Manager with a majority approval
of the Club Committee. Amended March 2023.
2. Club Manager can be terminated by the Club Committee with a majority vote
of the Club Committee and majority approval of the Executive Committee. Amended March
2023.
B. Bingo Employees.
1. Supervisors and Assistants can be terminated by the Bingo Manager with a
majority approval of the Executive Committee. Amended March 2023.
2. Bingo Manager can be terminated by the Commander with a majority
approval of the Executive Committee. Amended March 2023.
C. Office Employees.
1. The Adjutant, as an appointed officer of the Post, can be terminated in
accordance with Article IX, Section 3 of the Post Bylaws.
2. The Finance Officer.
a. If an appointed officer of the Post, then his/her termination will be in
accordance with Article IX, Section 3 of the Post Bylaws.
b. If the Finance Officer is a “non-officer”, he/she may be terminated by
the Commander with a majority approval of the Executive Committee. Amended March 2023.
D. Maintenance/Janitors/Contractors. These individuals may be terminated by the
Commander with a majority approval of the Executive Committee. Amended March 2023.
E. Kitchen Employees.
1. If the kitchen is under the direct operation of the Post, any employee can be
terminated by the Commander with a majority approval of the Executive Committee. Amended
March 2023.
2. If the kitchen is leased, the Commander can terminate the lease in
accordance with the terms of the lease with a majority approval of the Executive Committee.
Amended March 2023.
Section 5. If any employee/contractor has a written contract with American Legion Post
26, their termination will be in accordance with the written contract. If no terms are specified
in the written contract, the following will be a guideline in terminating any employee with a
contract: Amended March 2023.

Amended March 2023
A. A written complaint of violation will be made, signed by the one making the
complaint and signed by the employee in violation and filed in the offending employees
personnel file with the Finance Officer.
B. The employee in violation will be given a specified period of time to correct the
deficiency. Failure to correct the deficiency in the prescribed time will be noted in writing and
signed by the offender, to be included in their personnel file. If the deficiency has been
corrected, it will be noted in writing and signed by the offender and filed in their Personnel File.
C. After a third violation, the employee will be notified in writing that they are being
terminated in two weeks and signed by the employee and filed in their Personnel File.
ARTICLE XI--DEPARTMENT CONVENTION DELEGATES
Section 1. Delegates and alternates shall be selected at a regular meeting in a manner to
be provided by the Post, at least two (2) regular meetings prior to the Department Convention.
The Post Commander elect shall be a delegate ex-officio.
Section 2. The Post Commander shall be the Delegation Chairman. He or she shall be
responsible for briefing the delegation as to the business likely to be transacted at the
Convention and on the procedure that will be followed.

ARTICLE XII--RESOLUTIONS
Section 1. All resolutions passed or adopted by the membership must be approved by the
Department prior to publication or release.

ARTICLE XIII--MEETINGS
Section 1. Regular Post membership meetings shall be held on the third (3rd) Thursday
of each month except in July and August. The Executive Committee and Club Committee will
meet at least once a month on a date and time specified by the Commander or Executive
Committee Chairman. This meeting must be held prior to the regular Post membership
meeting scheduled for that month. Other Committee meetings will be held as necessary and
as directed by the Commander, or Committee Chairman.
Section 2. The Commander with the Executive Committee may call a meeting when
necessary to conduct emergency Post business. Amended March 2023
Section 3. Deleted March 2023.
Section 4. A regular Post meeting may be deemed to be an entertainment meeting or a
special membership meeting with proper notification.

ARTICLE XIV--RULES OF ORDER
Section 1. When not in conflict with the National, Department or Post Constitution and By-
Laws, Robert's Rules of Order, newly revised, shall be the guide to Parliamentary Procedure
and govern all meetings of this Post.

ARTICLE XV--LIMITATIONS OF LIABILITY

Amended March 2023
Section 1. This Post shall not incur, nor cause to be incurred, any liability or obligation that
might subject to liability any other Post, subdivision, group, members of The American Legion.
or other individuals, corporations or organizations.
Section 2. The Executive Committee:
A. Is generally responsible to the membership for the management of the
business and administrative affairs of the Post.
B. Will approve and authorize expenditures for Post operations.
C. Will require bonding of all persons handling or having custody of Post funds.
D. Will submit plans for expenditures more than one thousand dollars ($1.000) to
the membership at a regular Post General Meeting for approval.
E. Will approve contracts for goods or services as may be required for Post
operations.
F. Will have final authority for hiring or discharging Post employees, other than
Post employees required for the clubroom operation. The hiring and discharging of Clubroom
employees will be based on the decision and proper documentation of the Club Manager and
the Club Committee.
Section 3. All expenditures of Post money by the Service Officer must be approved by the
Executive Committee.
Section 4. Post Officers, whether elected or appointed, are prohibited from lending Post
monies, or Post property to anyone. Violation of this section shall be deemed sufficient cause
for immediate removal from office.
Section 5. No Post Officer, Committee Member, Post member, or employee, unless
otherwise authorized by these By-Laws, shall not encumber or indebt this Post unless
approval is recommended by the Executive Committee and is approved by a two-thirds (2/3)
vote of the Post members present at the regular Post membership meeting when the vote is
held. The Post membership shall be informed of the nature of the encumbrance or
indebtedness, and the date the vote will be conducted.

Amended March 2023
ARTICLE XVI--AMENDMENTS
Section 1. Recommendations for amendment(s) of the Post By-Laws shall be submitted
in writing and read at a regular Post membership meeting. A vote on the recommended
amendment(s) may be scheduled for a future regular membership meeting, provided that
written notice of the date of the vote is given to the membership at least ten (10) days prior to
the date of the vote. Notification will be considered given for the scheduled vote when it is
communicated by means of the mail, email, Post's bulletin board, Website, or Social Media
Accounts. A two-thirds (2/3) majority vote of Post members present is necessary to amend
the Post By-Laws. Amended March 2023.

ARTICLE XVII
Section 1. All conflicts arising from the interpretation or application of the Constitution and
By-Laws shall be referred to be resolved by the Executive Committee.
Section 2. Notification of special membership meetings shall be given vote when it is
communicated by means of mail, email, the Post's bulletin board, Website, or Social Media
Accounts The meeting shall be set not less than ten (10) days from the date of mailing. A
regular Post meeting may be deemed a special meeting with proper notification. Amended
March 2023.
Section 3. Quorums:
A. Five (5) Executive Committee members shall constitute a quorum. Amended
March 2023.
B. Three (3) members of the Club Committee shall constitute a quorum.
C. Thirty (30) percent of the Awarded Life Membership Committee shall constitute
a quorum.
D. Ten (10) (amended 10/2016) members shall constitute a quorum for a regular
or special Post meeting, provided that either the Post Commander or one (1) of the Vice
Commanders is present and shall preside.