Post 81 Bylaws
E. Roger Montgomery Post 81
The American Legion
Department of New Hampshire
Section 1. The Post existing under these By-Laws
is to be known as E. Roger Montgomery Post 81, The
American Legion, Department of New Hampshire.
Section 2. The objects of this Post are as set
forth in the Constitution.
Section 1. The government and management of the
Post are entrusted to an Executive Committee of
twelve (12) members, to be known as the
Section 2 The Officers of this post shall be
nominated at the first regular meeting in March of each year.
No further nominations shall be made or accepted
for the ensuing year following the meeting designated
herein for the making of such nominations,
except in case of a vacancy in any office.
Section 3. The Executive Committee shall consist
of nine (9) Officers as described under Article IV of
these By-Laws and three (3) additional members
known as “The Executive Board”. Together with the
officers of this Post, they shall be elected
annually at a regular or special meeting in April and take
at the next meeting following that of the
All elections of officers and executive
committeemen shall be by ballot. The candidate or candidates
receiving the highest number of votes shall be
elected to the respective office for which they were
Section 4. All vacancies existing in the
Executive Committee, or in any office of the Post from any cause
other than the expiration of the term, shall be
filled by a majority vote of the remaining members of the
Executive Committee. The person so appointed
shall hold office for the un-expired term. The Executive
Committee, by majority vote, may declare a
vacancy exist if a co-member is absent for three (3)
consecutive meetings with out a valid reason or
fails to fulfill his/her obligations as outlined in these By-
Laws. His/her replacement will be as described
above in this section.
Section 5. Three (3) Officers will be authorized
to sign checks for the Post. They will be selected by
majority vote of the Executive Committee at the
first meeting following the installation of officers. The
Commander will call this meeting within 7 days
after the installation of officers. The Executive
Committee may add to or remove from the list of
authorized check signers at any regular or special
meeting by majority vote. Traditional candidates
are, but not limited to, the Finance Officer, the
Commander and the Post Adjutant. Those appointed
must be readily available if the need arises. Two
authorized signatures will be required for all
checks written in excess of $500.00 for any reason.
Page 1 of 6 E. Roger Montgomery, Post 81 By-Laws
Article III—Post Executive Committee
Section 1. The Post Executive Committee shall
meet for organization and such other business as may
come before it at the call of the Post commander
within seven (7) days after the installation of the new
officers. Thereafter the Post Executive
Committee shall meet at the call of the commander or on a
schedule to be determined by the Executive
Committee and posted on the Post bulletin board.
The commander shall call a meeting of the Post
Executive Committee upon the joint written or verbal
request of five or more members of said Post
Executive Committee; seven (7) members of the committee
shall constitute a quorum thereof.
Section 2. The Post Executive Committee shall
have sole authority to hire or fire such employees as may
be necessary. It shall authorize and approve all
expenditures. It shall require adequate bonds for all
persons having the custody of or access to Post
funds. It shall hear the reports of Post committee chairs. It
shall have charge of and be responsible for the
management of the affairs of this Post.
Section 3. No member of the Executive Committee
may vote on any issue before the Committee that
could be construed as a conflict of interest. A
majority of the Executive Committee shall rule on any issue
that is brought fourth as a conflict of interest
to determine if said conflict exist.
Section 4. All members of the outgoing Executive
Committee are required by these By-Laws to make
themselves available for a period of 30 days
after the election to ensure a smooth and orderly transition.
Non-compliance shall be deemed grounds for
Article IV—Duties of Officers
Section 1. Duties of Post Commander: It
shall be the duty of the Post commander to preside at all
meetings of the Post and to have general
supervision over the business and affairs of the Post. The Post
Commander shall be the Chief Executive Officer
of the Post. The Commander shall approve all orders
directing the disbursement of funds. He/she
shall make an annual report covering the business of the Post
for the year, and recommendations for the
ensuing year. This report shall be read at the annual meeting
and a copy thereof immediately forwarded to the
Department Adjutant. The Commander shall perform
such other duties as directed by the Post.
Section 2. Duties of 1 st Vice-Commander:
The 1st vice-commander shall assume and discharge the duties
of the office of commander in the absence or
disability of, or if called upon by the Post commander.
He/she shall chair committees as assigned by the
Section 3. Duties of 2 nd Vice Commander:
The 2nd vice-commander responsibilities parallel
those of the 1st Vice-commander. He/she shall assume
and discharge the duties of the office of
commander in the absence or disability of, or when called upon
by the Post commander. He/she shall chair
committees as assigned by the Commander.
Section 4. Duties of Post Adjutant: The
adjutant shall issue proper notices of he Post and keep a
record of all meetings of the Post and Executive
Board. He/she shall conduct all correspondence
pertaining to and shall perform such other
duties as are incident to the Post. He/she shall keep records of
Post membership including the names and
addresses of all members.
Page 2 of 6 E. Roger Montgomery, Post 81 By-Laws
Article IV—Duties of Officers (cont.)
Section 5. Duties of the Finance Officer:
The finance officer of the Post shall have charge of all
obligations of the Post. He/she shall see that
Post funds are safely deposited in a local bank or banks.
He/she shall report once a month to the
Executive Committee the condition of the finances of the Post.
He/she shall make such recommendations as deemed
expedient or necessary for controlling expenses or
raising funds with which to carry on the
activities of the Post. He or she shall give a report of the
finances at the regular Post Meeting and a full
report at the annual meeting of the Post. The Finance
Officer shall prepare for signature or sign all
checks (if authorized under Article II, Section 4) disbursing
the monies of the Post. He/she shall obtain such
Surety Bonds or Employee Dishonesty Insurance in an
amount that will be determined by the Executive
Section 6. Duties of Post Historian: The
Post historian shall be charged with the individual records and
incidents of the Post and Post members. He/she
shall perform such other duties as may properly pertain to
the office as may be determined by the Post
membership or the Executive Committee.
Section 7. Duties of Post Chaplain:
The Post chaplain shall be charged with the
spiritual welfare of the Post comrades. He/she shall offer
divine but nonsectarian service in the event of
dedications, funerals, public functions, etc. He/she shall
adhere to such ceremonial rituals as are
recommended by the National or Department Headquarters.
Section 8. Duties of Sergeant-at-Arms:
The sergeant-at-arms shall preserve order at meetings and shall
perform such other duties as may be assigned by
the Post Executive Committee.
Section 9. Duties of Judge Advocate :
He/she shall advise the Officers of the Post and the Executive
Board on all matters regarding the Constitution
and interpretation of the Post Constitution and By-Laws.
He/she shall perform other duties as are
incident to the Office. His/her rulings shall be binding unless
until the District or Department Judge Advocate
over rules them.
Section 1. Delegates and alternates to a
Department convention shall be elected by ballot by the Post
membership at a regular meeting of the Post.
Said meeting shall be held at least 20 days prior to the date
of such convention. The Commander may appoint
delegates to any unfilled positions.
Section 1. The Post commander, immediately upon
taking office each year, shall appoint
Committee majority approval)
the following Committees:
Section 2. The Canteen Committee: The
Canteen Committee will be appointed by the Commander and
shall consist of three (3) post members. Two
members must be officers as described in Article IV,
sections 1 through 5. The third member may be a
current member or a member of the Executive
Committee. The SALs & Auxiliary will also
appoint one (1) member each to serve on the Committee.
Their roll will be limited to participating in
meetings and offering advice and suggestions. They may not
supervise Post employees.
The Post Lounge, Hall facility and employees are
to be supervised and managed by Post Officers on the
Canteen Committee. This committee is to oversee
the day-to-day operation of the entire Post facility. The
Lounge and function hall must generate revenues
sufficient enough to pay their cost to operate as well as
provide additional funds to maintain the entire
Page 3 of 6 E. Roger Montgomery, Post 81 By-Laws
Article VI—Appointments (cont.)
The Post Finance Officer will be a part of the
committee or work closely with the committee. He/she shall
report the financial status at the regular
monthly meetings or at a special meeting if called upon.
The Canteen Committee will recommend pricing for
all services provided by the Post to the Executive
Committee at regular or special meetings for
consideration and voting. The Canteen Committee is
authorized to spend only those funds that have
been authorized by the Executive Committee. Request for
additional funds must be presented to the
Executive Committee at a regular or special meeting.
Section 3. Auditing Committee: The
Commander shall annually appoint an Auditing Committee
consisting of three current members of the Post.
Said committee shall carefully examine and audit the
books, records and accounts of the outgoing
Finance Officer, Adjutant and all other officers and
committees who may receive or disburse Post
funds. All financial records must be available for
immediate review by the Auditing Committee upon
request. A written report of the audit shall be
submitted to the Commander prior to the second
Executive Committee meeting following the installation
of officers. The Executive Committee at its
discretion may hire a qualified accountant to examine the
books, records and accounts of any officers or
Section 4. Finance Committee: The
Commander shall annually appoint a Finance Committee consisting
of a Chairman, two (2) members of the Executive
Committee and at least one (1) representative from the
general membership. The Finance Officer should
be one of the committee members. It shall be the
responsibility of the Finance Committee to
conduct hearings and prepare a budget to guide the Post in its
fiscal affairs for the ensuing year. It shall be
the further duty of this committee to meet regularly with the
Finance Officer to review the financial affairs
with respect to the current budget and revenues. A copy of
the Post accountant’s financial report shall be
presented to the Executive Committee monthly.
Section 5. Additional Committees: The
Commander and Executive Committee shall determine which
additional committees listed below would best
serve the post and community needs and appoint them
accordingly. Their duties are as outlined in the
Officers Guide Manual. They are: Americanism,
Ceremonials, Children and Youth, Economic,
Finance, Foreign Relations, Graves Registration &
Memorial, House and Entertainment, Legislative,
Membership, Public Relations, Veterans Affairs and
Rehabilitation, National Security and Sons of
The American Legion.
Section 1. All resolutions of state or national
scope presented to this Post by a member or reported to this
Post by a committee shall merely embody the
opinion of this Post on the subject. A copy of same shall be
forwarded to the Department headquarters for its
approval before any publicity is given or action other
than mere passage by the Post is taken.
Section 1. The regular meeting of the Post shall
be held at the Post on a schedule to be determined by the
Executive Committee and posted on the Lounge
All business properly brought up for action may
be transacted. A Quorum of seven (7) officers must be
present and vote on all financial issues greater
Section 2. The Post commander or a majority of
the Executive Committee shall have power to call a
special meeting of the Post at any time.
Page 4 of 6 E. Roger Montgomery, Post 81 By-Laws
Article VIII—Meetings (cont.)
Section 3. Upon the written request of 15
current members, the Executive Committee shall call a special
meeting of the Post within ten (10) days of the
request being received by the Commander or acting
Commander. Those requesting a special meeting
shall state the agenda in their request. The meeting will
be limited to that agenda.
Section 4. Seven (7) Executive Committee members
shall constitute a quorum unless otherwise specified
in these By-Laws.
Section 1. All members shall furnish the
Post Adjutant with their address for mailing purposes along with
telephone numbers and e-mail address if
Section 2. The Post Adjutant shall post
notice of the Annual Elections on the Post Bulletin board at
two weeks before the nominations and election of
the incoming officers.
Section 3. No notice is required to be given for
regular meetings of the Post or Executive Committee
unless otherwise required by these By-Laws.
Section 4. Two (2) weeks notice must be given to
request any change to these By-Laws. This written
notice must include the language of the change
being requested and be presented to the Commander or
Adjutant. The request will be handle as part of
the next regular meeting. Any request to change these By-
Laws, if approved at that meeting, will require
a notice to the Post membership be given at least two
weeks (2) prior to the next regular scheduled
meeting. A two-thirds vote of current members attending
will be required for the change to be made.
Article X—Rules of Order
Section 1. All proceedings of this Post shall be
conducted under and pursuant to Roberts’ Rules of Order,
except as herein otherwise provided.
Article XI—Limitations of Liabilities
Section 1. The Post shall incur, or cause to be
incurred, no liability nor obligation whatever which shall
subject to liability any other Post,
subdivision, members of The American Legion, or other
corporations or organizations.
Article XII—Paid Employees
Section 1. The Committee known as The Canteen
Committee , as outlined in Article VI Section 2, shall
supervise all Post part time employees. This
committee will recommend hiring and or firing to the
Executive Committee at a special Executive
Committee meeting. The Canteen Committee will present job
descriptions and hourly salary recommendations
to the Executive Committee for review and final
approval. Only the Executive Board with a quorum
of seven (7) Officers present is empowered to hire,
fire or alter the hourly wage. Said wage must
always be equal to or greater than what the state and federal
laws require. The Executive Committee will set
the frequency of the pay periods.
Page 5 of 6 E. Roger Montgomery, Post 81 By-Laws
Article XII—Paid Employees (cont.)
The Post shall hire no full time employees or
offer any benefits or bonuses to its part time employees
other than their regular hourly rate of pay. All
Employees are “At Will” employees under the labor laws
of the State of New Hampshire.
Section 2. Officers of the Post (as defined
under Article IV, Section one (1) through nine (9), shall not be
hired as employees of the Post. The three (3)
Executive Committee members are also not eligible under
State Liquor Laws to be hired as paid employees.
All Officers may however, volunteer their time without
compensation, to fill any open positions.
Section 1. These By-Laws may be amended at any
regular Post meeting by a vote of two-thirds of the
members attending provided that the proposed
amendment shall have been submitted in writing, read and
approved at the previous regular meeting as
outlined in Article IX, Section 4. And further, that written
notice shall have been given to all members at
least 10 days in advance of the date when such amendment
is to be voted upon, notifying said members that
at such meeting a proposal to amend the By-Laws is to
be voted upon. No further amendments or changes
may be made from the floor at the meeting held to hold
These By-Laws for E. Roger Montgomery Post 81,
The American Legion, Department of New
Hampshire, were approved on November 19,
2003 by the Post membership at a regular meeting.
Current List of Officers
Page Maintained By:
December 19, 2015