Constitution & Bylaws Commission
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BYLAWS RESOURCES
Post Bylaws
- Sample Post Bylaws – Word (9-25-2024)
- Guide Writing Post Bylaws, Word | PDF With a template. (08-2022)
- Guide Writing Bylaw Amendments, PDF (03-2022)
Constitution and Bylaws Commission Operational Guide (10-2022)
District Bylaws
- Sample District Bylaws, Word (11-6-2024)
Department Bylaws
- Department Constitution & Bylaws – PDF (11-6-2024)
National Bylaws
POST FIDELITY BOND RESOURCES
First, what is a fidelity bond?
There are several types of “bonds”, and this article is about the fidelity bond every post should have. Many people think of a fidelity bond as crime insurance that protects your post against financial loss caused by dishonest officers. Starting July 1, 2022, the Department will no longer be providing this coverage for a variety of reasons.
Why will you need a fidelity bond?
Because of changes to the Department of California bylaws. Prior to the June 2021 Department Convention, the Department Bylaws said this about a post obtaining a bond.
2020 Department Bylaws, ARTICLE 5 – ORGANIZATION POSTS
“Article V, Section 16. Each post shall pay annually to the Department of California, the bill for the bond of its Officers and such per capita tax levied by the Department Convention, plus the per capita tax levied by the National Organization. Posts will pay such per capita tax in full within thirty (30) days of receipt of payment of annual dues received from a post member.”
The fee each post was paying annually for their fidelity bond was $10. Once received, the department handled the process of bonding our posts. At the 2021 Department Convention, a number of changes to the Bylaws were approved. Among the changes was the section pertaining to posts being bonded. Which now reads:
2021 Department Bylaws, ARTICLE 5 – POSTS
“Article V, Section 9. The Post Finance Officer and any officers and/or positions charged by the Post Bylaws with the responsibility of handling Post funds should be bonded under a blanket bond.”
The new Bylaws wording “should be bonded”, in essence, makes having a fidelity bond for your post an option. Not many post leaders are aware of this change in the department bylaws and how it requires posts to purchase a fidelity bond on their own. This may be a good topic to discuss with your Post Executive Committee.
Post with smaller monetary assets will need less while those with more, will need more coverage. How much coverage the Post wants should be decided by the Post membership at the recommendation of the Executive Committee. You should check your Post bylaws for expenditures.
Will your post need a fidelity bond? The answer is: most likely.
How do I get my Post Bonded?
One good place to start would be your Post insurance agent. If your agent doesn’t carry fidelity bonding, they might know a reliable company that does, though there are companies that carry both, they might be able to get a better deal bundling a fidelity bond in with your other coverage. It doesn’t hurt to ask.
If you do not have liability insurance or an agent, there are many resources available from an online search on “how to obtain fidelity bond for non-profit organizations”. You might want to consider talking to at least three or more companies to compare rates and services. Asking them about their claim filing process could prove to be valuable. Researching each company for complaints (including the Better Business Bureau at www.bbb.org) could save you some problems in the future should you need their services. In any case, starting to research what you’ll need and how to get it sooner as opposed to later will help you to protect your Post better when the time comes to switch over to your own bonding. Once you select a company, you will have to have it voted on by the Post membership.
Please know that your Post is currently covered for up to $10,000.00 by the Department until June 30, 2022. After that, your Post will need to secure its own bonding to protect its monetary assets.
Resource Update:
Department Commander Autrey James has made contact through National for those Posts needing help securing a Fidelity Bond next year. NFP Insurance agency provides both Fidelity Bonding as well as Post Insurance using competitive rates. You can contact them through Chris Phillips at (317) 808-7262 or at chris.phillips@nfp.com.
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Mark L. Rice
Constitution and Bylaws Commission Chairman, DOC
“Bylaws should be renewed every 5-7 years or whenever there is a major change in the Post operations or function.”
PROPOSED BYLAW CHANGES
When changes to the department bylaws are proposed, the changes are posted here for Convention Delegates and Legionnaires to review.
Post Bylaws Training
POST BYLAWS
Post Bylaws are very important documents that define much of how we conduct business within every post. Because the bylaws of the Department of California and The American Legion are routinely modified to meet current challenges, post bylaws must be adapted to comply with changes made to the department and national bylaws.
Post Bylaws in The American Legion define and guide how we conduct business as we pursue success. They must maintain consistency with national and department bylaws. All levels of leadership must understand and maintain compliance with our bylaws.
Department Bylaws
CONSTITUTION AND BY-LAWS: To recommend to the Department changes necessary or advisable for the better operation of the Department and such other duties as are delegated to it by the Bylaws of the Department. The Department Judge Advocate shall serve as an ex-officio member of the Constitution and Bylaws Committee.
