THE AMERICAN LEGION POST 980 PLUM BOROUGH CLUB BY-LAWS As amended May 2019 7824 SALTSBURG ROAD PITTSBURGH, PENNSYLVANIA 15239-1728 ARTICLE I - CLUB IDENTITY Section 1 The Club existing under these by-laws to be known as "POST 980", incorporated under the laws of Pennsylvania on 7 June 1978. ARTICLE II - CLUB EXECUTIVE BOARD Section 1 The management of the Club is entrusted to a Board. This governing body shall be known as "the Executive Board". Section 2 The Executive Board shall be all elected officers of the Post, the 4 elected Members at Large and the outgoing Commander. Section 3 The Executive Board will meet at least once a month and as often as the Commander deems necessary. A meeting of the Executive Board shall be called upon a joint written request to the Commander of four or more members thereof. Eight members of the Board shall constitute a quorum thereof. Section 4 The Executive Board shall make recommendations to the Post membership for their approval by vote and perform such duties as are specified in these by-laws. The Board shall be subject to the orders of the Post membership and none of its acts shall conflict with the action approved by the membership. The Board will hear reports of committee chairpersons. They will plan the direction of the Club and analyze reports for the progress of present and future programs. Section 5 The Executive Board shall have the authority to approve the purchase of any major item or contract that is $2,000.00 or less. All funds above $2,000.00 must be approved by the membership prior to use. In extreme emergencies, at least five (5) Executive Board members must be contacted and approve the use of funds above the allotted amount. This will be reported as such at the next membership meeting. Section 6 The Executive Board will have final determination on the compensation, hiring and dismissal of all employees. In the case of a dismissal, a member of the Executive Board must attend and appear at any and all hearings concerning that case. Section 7 The Executive Board shall abide by these by-laws and shall have full authority to ensure that all members accept and obey all laws and rules of the Club. ARTICLE III - DUTIES OF OFFICERS Section 1 It shall be the duty of the Post Commander to preside at all meetings of the Club. He/she shall have general supervision over the business and affairs of the Club. He/she shall serve as the Chairman of the Executive Board. The Commander shall make a report of Post activities at each monthly membership meeting. He/she shall make an annual report in April of each year. This report will cover the past year's progress and activities of the Post and make recommendations for the future. He/she shall perform such other duties as directed by the membership. He/she shall sign or countersign all contracts and other instruments that are authorized by the Executive Board or membership. Section 2 All other members of the Board shall perform such other duties as the Commander may direct. ARTICLE IV - MANAGEMENT Section 1 The National Headquarters of the American Legion encourages the operation of a social club for the entertainment, enjoyment and welfare of all the membership. It is a source of revenue that supports Post functions, our charities and aide for hospitalized veterans. Section 2 The bar and bar area will be managed by the Steward (also referred to as Manager). The kitchen and dining area will be managed by the Kitchen Manager. This does not preclude one individual from holding both positions at the direction of the Executive Board. Section 3 The Post Commander shall oversee all managers and present management reports to the Executive Board. Section 4 Manager(s) shall be under written contract. The Executive Board and each manager, or their representative, shall be the negotiating parties. Section 5 Managers will be bonded in the amount designated by the Finance Officer and the Executive Board. Section 6 Managers will report to the Commander on the matters of daily operations, planned functions and monthly reports. Monthly reports will consist of all activities of their sections, inventory, use of funds and other pertinent information that is within the scope of their responsibility, as directed by the Commander. Section 7 Managers shall have the authority and control of their sections. He/she shall ensure that all affairs of the Club are carried out in a businesslike manner. ARTICLE IV - MANAGEMENT (continued) Section 8 The Steward will ensure that the bar operation is in strict compliance with all P.L.C.B. rules and regulations, and that of any local authority. Section 9 The Kitchen Manager will ensure that all areas of the kitchen and dining areas are maintained in a manner that health, fire and safety regulations are adhered to at all times. He/she will ensure that all food handlers have a current medical exam. Section 10 Managers shall recommend, to the Commander, the hiring and dismissal of all personnel under their Supervision. Section 11 Managers will ensure that all employees will abide by the uniform and/or dress code. Employees will be honest and shall be courteous to all guests. Section 12 Managers will have a current detailed job description for each position under their supervision. Each employee shall have a copy of their job description to ensure that they have been informed as to their responsibilities. Section 13 Employees shall file a report, to their manager, of any incidents that occur while they are on duty. If such incidents involve a member, the report will include the member's name, their club number, witnesses and a brief description of the incident. Managers shall forward reports that involve members to the Executive Board through the Post Commander. Section 14 All Special Committee Chairpersons shall coordinate the needs for their functions through Club Managers as it pertains to their operations. Section 15 Hours of operation and all other policies of the Club, Kitchen area and Meeting room will be determined by the Executive Board. Section 16 Salaries and hourly wages for all employees shall be reviewed annually, in the month of April, by the Executive Board. The criteria to be used in determining compensation may be the progress and proceeds of the social areas, the length of service, job performance and recommendations from Manager(s). ARTICLE V - MEMBERSHIP Section 1 The membership of the American Legion Club shall consist of four (4) types, Regular Members, Sons of the American Legion members, Social members and American Legion Auxiliary members. Section 2 Applications for Social membership, who must be age 21 or older, shall be accepted only with the recommendation of a Regular member who shall attest to the person's creditable character and deserving consideration. Applicant must be approved by the at least three members of the Executive Board. If the applicant is rejected, all fees tendered will be refunded. Section 3 SAL members, ALA members and Social members shall be extended all of the privileges and courtesies in the Club to which Regular members are entitled. SAL members, ALA members and Social members cannot attend Post meetings and shall have no vote in governing the Post, nor shall they be eligible for any office, whether appointed or elected. Section 4 The number of Social members accepted shall be regulated and determined by the Executive Board. Section 5 SAL members, ALA members and Social members may express their opinions or recommendations regarding the operation of the Club's business by presenting them, in writing, to the Post Adjutant. The Post Adjutant shall then present the correspondence to the Executive Board. Section 6 It shall be the duty of all members to report at once, to the Executive Board, any objection to an application for membership. It shall also be the duty of all members to support the Post in its Veterans Affairs program, obey all rules and regulations and display proper behavior in the Club and at all Club functions and to report, in writing and within thirty days, any change of address or phone number to the Club. Section 7 The annual dues for Social members of the Club are payable as of October 1st, but not later than December 31st, for the following calendar year. Entrance to the Club will be denied when dues are not current. Section 8 It will be the duty of any member who may desire litigation against the Club, according to our by-laws, to first present their case to the Executive Board and make every effort through the Executive Board to arrange a satisfactory settlement. Any member must exhaust their administrative remedies before taking court action. Section 9 A member introducing a guest is responsible and liable for any injury and all damage done in and about the building and property by such guest. This also includes any Club function off the premises. The visitor/guest must leave with the member. ARTICLE V - MEMBERSHIP (continued) Section 10 At no time shall any officer or member harass or threaten any employee or other member in a sexual, mental or physical manner. If a complaint or a report of this nature is made, all parties must appear before the Executive Board or face suspension. Section 11 Any member who attempts to pass on false and/or unfounded statements concerning our Club, our Officers or another Member must be reported and shall appear before the Executive Board. Failure to appear will be automatic suspension. Section 12 Members shall not remove any documents, equipment or items that are property of Post 980 from the building. If official business items are removed, member shall sign a receipt to the Post Adjutant as to the date of return. Post Adjutant must follow up on the return of any and all items. ARTICLE VI - FINANCE Section 1 The proper control of funds of the Club is always a critical area that requires proper management to ensure the growth of our Club and adequate funding for all of its functions. Section 2 The Bar Manager (Steward) and the Kitchen Manager shall be responsible for the proper maintenance and recording of all transactions for their particular accounts. The amount of $5,000.00 for the Bar Account and $2,000.00 for the Kitchen Account shall be established as a reserve to those accounts. At the close out at the end of each month, any excess funds over the reserve amount shall be transferred into the General Fund. Any funds less than the reserve amount will be transferred from the General Fund into that account. ARTICLE VII - AMENDMENTS Section 1 These by-laws may be amended at any regular Post meeting by a two-thirds vote of the members present provided the following criteria has been met: 1. The proposed amendments shall have been submitted in writing and read at the preceding regular meeting. 2. Prior to membership vote, proposed amendment shall be reviewed by the Legal Committee for its legality. ARTICLE VIII - DISCIPLINE Section 1 The Executive Board shall be the agent in which all disciplinary problems are reviewed and investigated to determine their recommendations for a hearing or to resolve the matter by having the complainant and the accused reach an agreement. The committee shall convene within ten days after receipt of an incident report or a complaint. Section 2 When a hearing is to be held, all parties involved must appear before the Board. All witnesses shall be requested to appear, but may refuse without being criticized by the Board. Section 3 Members may be suspended from the Club only upon a proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of this Club. All charges must be made under oath in writing by the accusers and no member in good standing shall lose his/her membership until given a fair hearing by the Executive Board. Section 4 A hearing by the Executive Board cannot legally establish the guilt of the accused, as understood in a court of law. It can only establish his/her guilt as affecting the Club's judgment of his/her fitness for membership. If the Executive Board finds a member guilty, the member must turn over membership and key cards to the Commander. Section 5 A member has the right that allegations against his/her name shall not be made except by charges brought on reasonable ground. If a member is thus accused, he/she has the right to due process - that is, to be informed of the charge and given time to prepare their defense, to appear and defend their self and to be fairly treated. Section 6 If the suspension is upheld, the member's name and days of suspension will be listed on the bulletin board. Section 7 A hearing will be confidential; neither Board members nor any member involved in the hearing has the right to make public the charge or any other information of which a suspended member has been found guilty. To make any of the facts public may constitute libel and this will be considered a serious offense. APPENDIX - HOUSE STANDING RULES The Executive Board may make a change to these Standing Rules with no amendment to the by-laws being necessary. Section 1 The Bar Room may be open from 7:00 am to 3:00 am everyday of the year, including Sundays and Holidays. No intoxicating beverages are to be consumed between the hours of 3:00 am and 7:00 am as per PENNSYLVANIA LIQUOR CONTROL BOARD. Section 2 Normal operating hours of the bar will be as stated: Monday through Thursday 10:00 am to 2:00 am Friday 10:00 am to 3:00 am Saturday 9:00 am to 3:00 am Sunday 8:00 am to 12:00 am Section 3 Closing hours may be flexible if patronage is not profitable to remain open. Last call will be made fifteen (15) minutes prior to closing. All patrons MUST leave at closing time. Section 4 Only the bartender on duty or a Post Officer shall be permitted to open the outside door for any person not using a key card. Section 5 Members are permitted a maximum of six (6) guests at any one time. When a person visits for a third time as a guest, that guest must apply for a membership (excluding spouses and special events). Guests are not permitted to purchase alcoholic beverages. Section 6 Every member introducing a guest is liable for any injury and all damage done in and about the building and property by such guest(s). The guest must leave with the member. Section 7 Any member ringing the doorbell to enter, instead of using their assigned key card, must donate twenty-five (25) cents to the Hospitalized Veterans Fund. Section 8 Names of suspended members shall be posted on the Club bulletin board. Section 9 Dress code shall be enforced as posted in the Club. Section 10 Any member or guest entering the Club who appears to be intoxicated, will not be served and will be asked to leave. Section 11 Any member who is not in good standing due to arrears in fines, dues or otherwise indebted, will not be permitted to be in the Club. Section 12 Use of profane language, intoxication and conduct unbecoming is strictly prohibited. Any member involved in such actions shall be reported and must appear before the Executive Board. Section 13 All members must produce their membership card when requested by either the bartender or an Officer of the Club. Section 14 If a member is asked by the bartender on duty to leave and refuses the police may be called as a last resort to remove that person from the premises. The offending member shall be suspended until the next meeting of the Executive Board. Section 15 Any Member or Officer affiliated with our Club may be removed or suspended for the following causes: 1. Dishonesty 2. Immoral conduct 3. Tending to reflect discredit upon the Club. Section 16 No person under twenty-one (21) years of age is permitted at the bar. Section 17 No person under eighteen (18) years of age is permitted in the bar room.. Section 18 One (1) free drink shall be offered on a member's birthday. Section 19 All Regular members in the bar room MUST attend regular or special meetings or LEAVE the premises. Exceptions to this rule may be approved by the Commander. Section 20 The Executive Board has full authority and is required to strictly enforce the preceding rules.