Post By-Laws

ARTICLE I

NAME AND LOCATION

Sec. 1. By virtue of charter granted, this Post shall be known as Carter-Smith Post No. 5867

Veterans of Foreign Wars of the United States.

Sec. 2. The location of this Post shall be in the community known as Lakeside, County of

San Diego, State of California.

ARTICLE II

SUBORDINATION

Sec. 1. The supreme power of this association is vested in the National Convention, and this

Post shall be at all times governed by the constitution and By-Laws of the Veterans of

Foreign Wars of the United States, the By-Laws of the Department of California, orders

issued by the authority of the National Convention, National Council of Administration and

the Commander-in-Chief of the Veterans of Foreign Wars of the United States, the

Department Convention, Department Council of Administration, and the Commander of the

Department of California. For the purposes of this Article and Section, Resolutions adopted

by the National convention are held to be lawful orders.

ARTICLE III

MEETINGS

Sec. 1. Place: The regular meeting place of this Post shall be at 12650 Lindo Lane, Lakeside,

Calif., 92040. The Post may change its meeting place in accordance with the provisions of the National By-Laws.

Sec. 2. Day and Time: The regular meeting time of this Post shall be on the 2nd Wednesday

of every month. The appointed day and time of regular meetings may be changed by two-
thirds (2/3) vote of the members present at any regular meeting. The Post members and

the Department commander shall be notified of any change of the appointed day and/or

time of the regular meeting. The Post Newsletter and website shall be the official

publications of the Post for delivering such communications to the members.

Sec. 3. Special meetings may be called in accordance with the provision of the National By-

Sec. 4. Quorum: Five (5) members in good standing shall constitute a quorum for the transaction of business.

ARTICLE IV

MEMBERSHIP

Sec. 1. Membership in the Post, eligibility to, application for, acquiring and maintenance of,

loss of and discipline shall be in accordance with the National By-Laws.

Sec. 2. The admission fee of this Post shall be a one-time $10.00 fee, payable in accordance with the National By-Laws.

Sec. 3. The dues of this Post shall never be less than the amount required to cover the

Department and National dues. The dues of this Post can be raised at any stated meeting of

the Post, provided notice of such intent has been given in the Post Newsletter and passed

by a majority of the members present. The dues increase will go into effect for the next dues year.

ARTICLE V

Sec. 1. Eligibility to, nomination, election or appointment, installation and term of office,

shall be in accordance with the provisions of the National By-Laws.

(a) The officers of the Post will consist of a Commander, Senior Vice Commander,

Junior Vice Commander, Quartermaster, Adjutant, Chaplain, Judge Advocate, Surgeon and three (3) Trustees.

(b) Elected officers will consist of the Commander, Senior Vice Commander, Junior

Vice Commander, Quartermaster, Chaplain and three trustees.

(c) Appointed officers will consist of at least an Adjutant, Judge Advocate, Surgeon,

Officer of the Day, Service Officer and Guard to be appointed as prescribed in Section 216 in

the Manual of Procedure.

Sec. 2. The duties of all officers shall be those prescribed by National and Department By-
Laws. Lawful orders as the Post may direct and these By-Laws in this Article may hereafter provide.

ARTICLE VI

COMMITTEES AND DUTIES

Sec. 1. All Committees and their chairmen, unless otherwise provided, shall, as promptly as

possible after installation in office, be appointed by the Commander and as such shall serve

at his/her pleasure. The Post Quartermaster, by virtue of his/her office, shall be treasurer

of all committees handling funds. The Quartermaster shall not be a voting member of any

committees he/she sits on. The Quartermaster is required to be present at those meetings,

only to give financial advice and to collect monies.

Sec. 2. The Standing Committees of the Post shall be as follows:

(a) Membership – Quartermaster and Jr. Vice Commander along with three (3) members appointed by the Commander.

(b) Relief – Chaplain and Service Officer

(c) Buddy Poppy – Three (3) members appointed by the Commander and a courtesy

member from the Ladies Auxiliary, non-voting.

(d) Publicity and New Media – Chairman.

(e) Youth Activities – Chairman.

(f) House – Commander, Sr. Vice Commander, Jr. Vice Commander, Quartermaster

(nonvoting), and three (3) members appointed by the Post Commander. The House

Committee will elect a Chairman from the (3) appointed members.

(g) Americanism – Chairman.

(h) Safety – Surgeon.

Sec. 3. House Committee

(a) The Committee shall be responsible for all matters related to the Post property

including the operation of the Post Canteen.

(b) Trustees shall not serve on the Committee. In addition, the Commander, Sr. Vice

Commander, Jr. Vice Commander, and Post Quartermaster, by virtue of their offices,

shall be members of the Committee. The Quartermaster will not vote on money matters, but will advise.

(c) The Committee shall be responsible for the cleanliness and upkeep of the facility and the equipment therein.

(d) The House Committee is to receive a copy of all sub-rentals of the Post from the Hall Manager.

(e) The Committee may authorize such expenditures for minor emergency repairs and

janitor supplies as may be necessary for the preservation and protection of the

Post’s quarters and its equipment, provided that the total amount so expended between any regular meetings not exceed $700.

(f) All monies received by the Committee, or persons under its control, through sub-
rental of the Post facility or other sources shall be deposited with the Quartermaster.

(g) All expenditures of the Committee shall be made only by regular voucher, check

drawn, or electronic payment by the Post Quartermaster, and properly approved by the Post Commander.

(h) The Committee shall ensure that records of all its receipts and expenditures are kept

and reviewed. They shall, at every meeting of the Post, report all monies received

and all expenditures made since the last meeting.

(i) The Post may adopt rules and regulations governing the conduct of members in the

Canteen. The Post Newsletter and website are the official publications of the Post

and will be used to deliver appropriate information to the members among other information vehicles.

(j) The Post Quartermaster, by virtue of his/her office, shall be the treasurer of the Committee.

(k) In the case a vacancy occurs, the Post Commander will be responsible for appointing

a new member immediately and will not wait for the election cycle to fill the void.

(l) Quorum: Three (3) members in good standing shall constitute a quorum for the

transaction of business.

ARTICLE VII

CONTROL OF SUBSIDIARY UNITS

Sec. 1. Any activity, unit, or clubrooms sponsored, conducted, or operated by the Post,

incorporated separately from the Post or unincorporated, shall operate under Post rules

and regulations. Any organization not following the rules and regulations, or requirements

made by Post personnel, will be subject to rejection for future use of the facility.

Sec. 2. Funds derived from any of the above shall be custody of the Post Quartermaster.

Sec. 3. All money, property, and assets of every kind; as well as all records in connection

therewith used, held, and owned by any of the activities noted above is the property of the

Post and must be placed in the care and custody of the Post Quartermaster.

Sec. 4. For purposes of this Article, the Ladies Auxiliary to the Veterans of Foreign Wars is

regulated by Articles XI and XII respectively of the National By-Laws and Manual of

Procedure of the Veterans of Foreign Wars and respective By-Laws, Rules and Regulations.

ARTICLE VIII

EXPENDITURE OF FUNDS

Sec. 1. Expenditure of funds shall be made only after prior authorization by the Post, and

on proper voucher drawn by the Quartermaster and approved by the Commander. All

checks for the expenditures of Post funds shall be numbered in sequence, the name of each

check corresponding with the voucher authorizing the same. All electronic expenditures of

funds will be properly tracked and reported by the Quartermaster.

Sec. 2. The adoption of this Article shall constitute authorization by the Post for the

payment of bills, when and as due, for monthly rental, public utility service, postage, janitor

service, and janitor’s supplies such as items necessary for Post and Canteen operations, and

minor emergency repairs authorized by the House Committee. Amounts to be paid for

monthly rental and for janitor service shall have been previously established by the Post.

Sec. 3. No other payments or expenditures shall be made except on the specific

authorization of the Post on each and every case.

ARTICLE IX

COMPENSATION

Sec. 1. No compensation shall be paid to any officer of this Post for his/her services as such

officer, except as hereafter, may be provided.

Sec. 2. For services rendered, the Post may, by majority vote, give compensation

commensurate with the office of Quartermaster as may be determined and specified by vote of the Post.

ARTICLE X

FUNDRAISING PROMOTIONS

Sec. 1. This Post shall solicit funds of donation only by prior vote of the members agreeing

to the proposition. The Post shall not solicit funds or donations or otherwise engage in

fundraising activities or projects outside the immediate geographical area of the community or Post.

Sec. 2. This Post shall not enter into any agreement with a promoter for the purpose of

raising funds unless the said promoter shall have first furnished a good and sufficient

surety bond in a principle sum sufficient to give the Post ample protection in the particular

circumstances. The said bond shall be subject to the approval of the Judge Advocate, bear

the endorsement of the Commander and be kept in the possession of the Quartermaster.

The bond will be conditioned on the payment to the Post Quartermaster of all monies due

to the Post as a result of the solicitation within a 30-day period, then surety will be

determined to be discharged, otherwise the bond will remain in full force and effect. If the

bond cannot be furnished, all collections shall be made by the members of the Post

sponsoring the campaign or entertainment and said funds shall be paid to a bonded officer

of the Post who shall hold the funds in his/her custody pending proper pro rata distribution.

Sec. 3. Fundraising organizations or individuals conducting solicitations, activities, or

projects for a profit shall not be engaged or used by the Post for such purpose unless such

engagement is made by written agreement between the Post and the organization or

individuals providing the services. The form of any such written agreement must be

submitted to the District Commander for review at least 30 days prior to the Post entering into any such agreement.

ARTICLE XI

SOLICITATIONS, ETC.

Sec. 1. Unless previously authorized by a majority vote of the Post, no solicitations or ticket

sales shall be permitted in the Post quarters.

Sec. 2. The House Committee shall confine approved solicitations or ticket sales to stated

meeting of the Post and social functions in and around the Post facility.

ARTICLE XII

MISCELLANEOUS

Sec. 1. One copy of the By-Laws shall be issued to each elected/appointed officer of this

Sec. 2. Every member of this Post shall keep the Adjutant and Quartermaster advised of

his/her current address by promptly reporting any change.

Sec. 3. In all Post procedures not provided for the National Constitution and By-Laws or

these Post By-Laws, Demeter’s Manual shall be the authority, and it shall be the duty of the

Judge Advocate, in an advisory way, when called upon to do so by the Commander, to

advise the Commander of the proper rule or rules.

ARTICLE XIII

SPEECHES

Sec. 1. No member will be permitted to speak on any one subject (pro or con) more than

twice; and the first time will be no longer than 5 minutes; and the second time will be no

longer than 3 minutes, with the exception of a committee report. Visiting guests, who have

a message to impart, may be given a longer time.

ARTICLE XIV

AMENDMENTS

Sec. 1. The By-Laws shall become effective after the adoption by this Post, and when and if

reviewed by the Commander-in-Chief of the Veterans of Foreign Wars of the United States.

Sec. 2. These By-Laws may be amended by the Post by a two-thirds (2/3) vote of the

members present at a stated meeting thereof provided, however, such amendments must

have been read at the preceding stated meeting and notification must have been provided

for all members 20 days in advance of the contents of the amendments, and date on which

proposed are to be presented for adoption.

Sec. 3. These By-Laws shall be reviewed as needed to ensure they are in compliance with

the Congressional Charter and By-Laws of the National Headquarters, By-Laws of the

Department of California, and the needs of the Post.

These By-Laws were adopted, subject to the approval of the Commander-in-Chief and

Commander of the Department of California of the Veterans of Foreign Wars of the United

States on this 13th day of August 2014, at a regular general meeting of this Post in the

Community of Lakeside, County of San Diego, State of California.

Carter-Smith Post 5867

Veterans of Foreign Wars of the United States

Steven Williams, Commander