Menominee American Legion Post 146



Section 1:   The Post existing under these by-laws shall be known as Menominee American Legion Post 146, Department of Michigan.

Section 2:   The objects of this Post are set forth in the Constitution.


Section 1:   The officers of this Post shall be a Commander, three Vice Commanders, Adjutant, Finance     Officer, Chaplain, Historian, Judge Advocate, two Sargent at Arms and the immediate Past Commander.

Section 2:   No officer shall receive any compensation for any service rendered to this Post in their official capacity with the exception of the Adjutant, and the Finance Officer, whose compensation if any, shall be determined by the Executive Committee.


Section 1:   A nominating and elections committee consisting of three (3) members shall be appointed by the Post Commander at a meeting no less than 90 days nor more than 120 days prior to the annual Department Convention. This committee shall prepare a list of candidates for each office of the Post. Insofar as possible the committee should nominate at least two (2) persons for each office. It shall, prior to the election, prepare ballots for the ensuing election and act as tellers at such election. If only one person has been nominated for all offices, no ballot will be required.

Section 2:   The nominating and elections committee shall submit the names of the candidates at the regular meeting not less than 60 days, or more than 120 days prior to the annual department Convention, for Post action. The presiding officer at this meeting shall call for nominations from the floor. Upon closing of nominations, no member other than those nominated, shall be candidates for office at the election meeting.

Section 3:   Election of officers and the members of the Executive committee shall be held at the next regular Post meeting. Candidates receiving the highest number of votes shall be elected to the respective office for which they are a candidate.

Section 4:   Members may vote absentee ballot up to 20 days prior to the election. There shall be a list indicating the number of ballots issued. This list will need to be numbered, with records kept indicating   who received a ballot. Ballots are not to be numbered so as to maintain secrecy.

Section 5:   Officers and committee persons elected shall assume office on July 1st and serve until June 30th annually, or until their successors are elected and dully installed or as otherwise provided. The newly elected Post Commander shall be a delegate to the Department convention and shall attend the same as a delegate. Newly elected officers shall be installed no later than 45 days after the close of the Department Convention, and all officers shall have paid their dues for the year of their term of office prior to their installation.

Section 6:   All vacancies existing in any office of the Post or the Executive committee for any cause other than expiration of the term shall be filled by the majority vote of the remaining members of the Executive committee. A person so appointed shall hold office for the unexpired term of the member of the committee or officer who is succeeded.

Section 7:   No one member can run for more than one (1) elected office at a time.


Section 1:   The responsibility of governing and managing the Post is entrusted to an Executive Committee of 12 members to be known as the "Executive Committee."

Section 2:   The Executive Committee shall consist of the Commander, three (3) Vice Commanders, the immediate past Commander, Adjutant, Finance Officer, and five (5) members at large. The members at large shall be elected together with the other officers of the Post annually. All members shall have one vote each.

Section 3:   The Commander shall act as chairperson of the Executive Committee.  The Adjutant shall keep audio and written minutes of all meetings of the Executive Committee, and they shall be preserved in the same manner as the Post minutes.

Section 4:   The Executive Committee shall meet for organization and such other business as may come before it at the call of the Commander within ten (10) days after installation of new officers. Thereafter the Executive Committee shall meet at the call of the Commander at least monthly, and as often as said Commander may deem necessary. The Commander shall call a meeting of the Post Executive Committee upon the written request of three (3) or more members of said Post Executive Committee. Eight (8) members of the Executive Committee shall constitute a quorum.

Section 5:   The Executive Committee shall hire such employees as necessary.

Section 6:   The Executive Committee shall authorize and approve all expenditures out of budget, and insure adequate bonds for all persons required to be bonded. The Executive Committee is to determine who shall be bonded, bond amounts, and hear reports of Post Committee chairpersons.

Section 7:   The Commander may require all members of the Executive Committee, when in the Commander’s opinion such action is necessary, to vote by mail, text and/or e-mail vote. If a vote is implemented, each response must be forwarded to all members of the Committee. The voting shall be considered closed in no more than three (3) business days, provided a majority of members of the committee have returned to the Chairman their votes by that time, or it shall be considered closed at any time prior thereto and when all the members have returned their votes. In the event one-third (1/3) members of the committee objects in writing, the matter shall not be decided and will be considered as the first order of business at the next regular meeting or special meeting and the Commander shall notify the committee of the action taken.

 Section 8.   All mail, texts and emails shall be recorded and preserved in the same manner as the Post minutes.


(All specific duties of Officers should be in accordance with the current American Legion Officers Guide)

Section 1:   It shall be the duty of the Commander to preside at all meetings of the Post, and to have general supervision over the business affairs of the Post, and shall be the Chief Executive Officer of the Post. The Commander shall present an annual report covering the business of the Post for the year, and make recommendations for the ensuing year. Said report shall be read at the annual meeting in June and a copy forwarded to the Post Adjutant. The Commander shall perform other duties as directed by the Executive Committee. In the absence of the Finance Officer, the Commander shall have the authority to sign all checks dispersing monies of the post.

Section 2:   The Vice-Commanders shall assume and discharge the duties of the office of Commander when called upon by the Commander or Executive Committee. They shall be assigned other duties as requested by the Commander.

Section 3:   The Adjutant shall keep a full and correct audio and written record of all Post meetings, and distribute all correspondence received by the Post. In the absence of the Finance Officer and the Commander, the Adjutant shall have the authority to sign all checks dispersing monies of the post.

Section 4:   Duties of the Finance Officer. The Finance Officer of the Post shall have charge of all finances of the Post, and see that they are safely deposited in a local bank or banks as designated by the Executive Committee. The Finance Officer shall report the condition of the finances of the Post once a month to the Executive Committee and to the Post with such recommendations as may be
deemed necessary. The Finance Officer shall sign all checks dispersing monies of the Post and shall furnish such surety bonds in such sums as shall be fixed by the Executive Committee.

Section 5:   Duties of the Chaplain. The Chaplain shall be charged with the spiritual welfare of the Post members, and will offer divine, but non-sectarian, services in the event of dedications, funerals, public functions, and adhere to such ceremonial rituals that are recommended by National or Department of Michigan Headquarters.

Section 6:   Duties of the Historian. The Historian shall collect and safeguard individual records, incidents, and noteworthy activities of the Post. The Historian shall perform other duties as may properly pertain to the office.

Section 7:   Duties of the Judge Advocate. The Post Judge Advocate shall have charge of the legal affairs of the Post and shall be the Post parliamentarian. All claims against the Post shall be referred to the Judge Advocate

Section 8:   Duties of the Sergeants-at-Arms. The Sergeants-at-Arms shall preserve order at all meetings, and shall perform other duties as may be assigned to them by the Post Commander or the Executive Committee.


Section 1:   The Standing Committees of this Post shall be the following: Americanism, Activities, Athletics, Child Welfare, Club, Kitchen, Finance, House, Membership, Service & Welfare, and Sick and Funeral.  All Committees except the Club Committee should consist of at least 3 Legion members. Standing Committees shall not have more than 50% of Post Executive Committee members on it, with a maximum of three members.

Section 2:   Americanism Committee. This Committee shall be charged with inspiring patriotism and good citizenship by providing for the proper observance of patriotic occasions and by planning for other events emphasizing Americanism. It shall cooperate with the Department of Michigan and the National organization in their Americanism programs.

Section 3:   Activities Committee. This Committee, shall be charged with promoting Post social events, including arranging for and conducting parties and similar events.

Section4:   Athletic Committee. This Committee shall be charged with the management of youth baseball and any other youth athletics the Post may sponsor.

Section 5:   Child Welfare Committee. This Committee shall be charged with the child welfare programs of the Post.

Section 6:   Finance Committee. This Committee shall be charged with the responsibility of preparing the Post's annual budget for the Executive Committee and Posts approval and see that it is adhered to.

Section 7:   House Committee. This committee, shall be charged with the maintenance of this Post. They shall see that all necessary repairs are made promptly and efficiently. They shall also recommend major building renovations to the Finance Committee for inclusion in the annual budget.

Section 8:   Membership Committee. This Committee shall have charge of all matters pertaining to the membership of the Post.

Section 9:   Service and Welfare Committee. This Committee shall be responsible to bring awareness to all Post members and their dependents the rights and benefits granted to them by law. The chairman of this committee shall be the Post Service Officer.

Section 10:   Sick & Funeral. This committee, chaired by the Chaplain, is charged with visiting and comforting members and their families during illness or bereavement. The Chaplin shall be in charge of a memorial service at funerals.  

Section 11:  The Kitchen Committee shall oversee the food, and obtain all contracts and leases pertaining to the kitchen.  No one using the kitchen for personal gain shall be the Chairman of the Kitchen Committee.

Section 12:  The Commander, upon taking office, shall appoint a chairman for each standing committee except the Club Committee. The Commander may assign the Vice-Commanders responsibility for the function of various committees. The Commander may replace an appointed committee chairman whenever it is deemed necessary.

Section 13:   Each committee chairman shall upon appointment, select their own committee members    

Section 14:   From time to time the Commander may appoint special committees as may be deemed necessary. (I.E. Bylaws Committee, Standard Operating Procedure, creation/review committee)

Section 15:   The Commander shall be an ex-officio member of all committees.

Section 16:   All committee Chairmen or their designate shall submit a written report each month to the Executive Committee, and present a verbal report at the regular meeting.


Section 1:   The Post Club shall be under the authority of the Club Committee consisting of Six (6) Legion members. Two (2) Legion members shall be appointed by the Commander, with the approval of the Executive Committee, in July of each year for a three (3) year term. The Club Committee shall also include One (1) American Legion Auxiliary and One (1) Sons of the American Legion member with full voting rights.

Section 2:   The Club Committee shall elect its chairman. The Chairman shall attend all meetings of the Executive Committee.

Section 3:   The Club Committee shall elect one of its members as vice chairman who shall act as chairperson in the event of the chairpersons’ absence.

Section 4:   The Club Committee shall elect a secretary who shall keep a permanent record of the committee's meetings.

Section 5:   All members of the Post, American Legion Auxiliary, and Sons of the American Legion, and their guests shall be eligible for all privileges of the Menominee American Legion bar, providing they abide by the rules set forth by the Club Committee.

Section 6:   The Club Committee shall conduct the bar operations according to their by-laws which shall be approved by the Executive Committee.

Section 7:   The Club Committee checking account is not to exceed $7500.00.  Overages are to be transferred to the Club Committee savings account each month.  Each Quarter, the Club Committee will write a check to the Legion’s general account for any amount over $7500.00 in the Club Committee savings account.

Section 8:   The use of the Post facilities is to be coordinated by the bar manager/Club Committee chairman. Fees for any use of the Post facilities are to be determined by the Club Committee with approval of the Executive Committee.


Section 1:   The Finance Officer shall render a written report showing the financial condition of the Post at all regular meetings of the Post.

Section 2:   The Chairperson of any Special Committee shall give a report of their Committees' activities at all regular Executive Committee, and the monthly meeting of the Post.

Section 3:   The Club Committee shall render a financial report at all regular meetings of the Post.

Section 4:   The Commander or Executive Committee may request reports as needed.


Section 1:    The regular meeting of the Post shall be set annually by the members of the Post, and placed in the Standard rules of the Post

Section 2:   The Commander or majority of the Executive Committee shall have the power to call a special meeting of the Post at any time, this meeting shall be posted at the Club and by electronic means, and held within (5) weekdays.

Section 3:   Upon the written request of eleven (11) members of the Post, the Commander shall hold a special meeting of the Post.  Eleven (11) members shall constitute a quorum. This meeting shall be posted at the Club and by electronic means, and held within (5) weekdays.

Section 4:   The Post shall conduct, open, and close its local meetings as per National “Officer’s Guide and Manual of Ceremonies" or it’s succeeding publication.

Section 5:   Any officer or committee member who has missed 3 unexcused meetings may be dismissed by the commander.

Section 6: The annual meeting of the post shall be held in June.  


Section 1:   All proceedings of this Post shall be conducted in accordance with Robert’s Rule of Order, Newly Revised.


Section 1:   The standing funds of this Post shall be the general fund, club fund, and charity game fund.

Section 2:   Money and expenditures in the General Fund shall pertain to all Post operations.  Money and expenditures in the Club Fund shall pertain exclusively to Bar operation. Money and expenditures in the Charity game fund shall pertain exclusively to the Pull Tab machine. Any excess money in the Charity game fund shall be deposited in the General Fund, with the amount to be determined by the charity game fund chairman.  

Section 3:   Disbursements from the general fund shall be made by check or an electronic transfer signed or authorized by either the Finance Officer, Commander, or Post Adjutant.

Section 4:   Disbursements from the club fund shall be made by check or an electronic transfer signed or authorized by the club manager, or the club chairperson.

Section 5:   Disbursements from the charity games account shall be made by check signed by the ticket Chairperson or Commander

Section 6:   The Commander shall be charged with the appointment of an audit committee, consisting of three (3) members in good standing, for the purpose of auditing the Posts financial accounts. This shall be done at the end of the Posts fiscal year or more frequently as deemed necessary by the Executive Committee. The Executive Committee shall approve the appointments and have the right by a simple majority vote, to request an audit at any time. If the Executive Committee deems it necessary, they may, by a two-thirds majority vote of those present, engage in an outside auditor.

Section 7:   Disbursements for conferences and conventions must include an itemized list of expenditures, including but not limited to, registration, lodging, and actual fuel costs (not mileage)


 Section 1:   Expenditures out of budget, not to exceed $150.00 may be made by Officers or Committee Chairpersons when the same is urgent, and it is necessary to be made prior to the next meeting of the Executive Committee, provided such expenditures be approved by the Commander. In all other cases Officers and Committee Chairpersons will apply to the Executive Committee for the authority to
make expenditures.

Section 2:   The first meeting in May of each year shall be designated a "budget meeting" at which the Executive Committee will be presented a proposed budget for the fiscal year (July 1st to the succeeding June 30th) for their approval. Such budget items approved by the Executive Committee and the Post shall be considered money appropriations approved for expenditure and no further approval of the Post shall be required.

Section 3:   The power to borrow money, in the name of and on behalf of the Post, and/or issue in the name of and upon behalf of this Post a note, bond, mortgage, or any other evidence of indebtedness, is reserved exclusively to the Post, and shall not be exercised by any Officer, Committee, Committee Chairman, or members of the Post, unless first recommended by the Post Executive Committee at a duly held regular or special meeting. No evidence of debt shall be exercised by any officer, committee, committee chairman or member of the Post, unless first recommended by the Post Executive Committee.


Section 1:   The annual membership dues shall be determined by the Executive Committee upon recommendations of the Finance Committee and approved by the Post. Department of Michigan and National Organization dues shall be payable upon receipt.


Section 1:   The Post Commander at an Executive Committee meeting prior to such convention or conference shall appoint delegates and alternates to any convention or conference.

 Section 2:  Delegates must give a full report at the next available meeting to receive reimbursement for expenses.


Section 1:  This Post shall be a member of the Upper Peninsula Association of Legion Posts and annual dues in that organization shall be paid each year.


Section 1:  The American Legion funeral service shall be made available to all Legionnaires and shall be conducted in accordance with American Legion Ritual.


SECTION 1:   Standing Rules of the Post shall be developed to provide instruction and information on the operation and management of all aspects of business of the Post not covered in the preceding constitution or by-laws, and shall be approved by the Executive committee.

SECTION 2:   Standing Rules of the Post should be developed for, and by each standing committee.

SECTION 3:   All Standing Rules of the Post shall be considered to be necessary for the efficient, and proper operation of the Post.


Section 1: The post shall follow the procedures of the Department of Michigan for Trial of a Member/Officer found in the Department Executive manual and on the Department website.


Section 1:  These By-Laws are adopted subject to the provisions of the By-Laws of the National Organization and the By-Laws of the Department of Michigan. Any amendment that is in conflict with any provisions thereof shall be regarded as automatically repealing or modifying the provisions of these By-Laws to the extent of such conflict.

Section 2:   Bylaws are to be amended following the same procedure as defined by Article X, Section 2 of the Constitution,     


This Constitution and By-laws was adopted by a unanimous vote at a regular meeting of
Menominee Post 146 on the 10th day of April,2022


Signed by:






Finance Officer



In witness we hereby endorse our names on the date above.


Executive Committee


Executive Committee


Executive Committee


Reviewed and accepted by Department of Michigan on the 14th Day of June, 2023

Signed by:


Department Judge Advocate


Department Adjutant