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BY-LAWS OF THE DEPARTMENT OF DELAWARE, THE AMERICAN LEGION, INC.
ARTICLE I DEPARTMENT EXECUTIVE COMMITTEE
Section 1. The Department Executive Committee shall meet at least six times during each Legion year, the first meeting to be held immediately after each Department Convention at which Department officers have been elected; the second prescribed meeting shall be held at such time and place as the Department Executive Committee may designate. The Department Commander shall call a special meeting upon the written request of one-third of the members of the Department Executive Committee. Special meetings may also be held upon reasonable notice at the call of the Department Commander.
Section 2. The Department Commander shall name such committees as he shall deem advisable, subject to ratification by the Department Executive Committee, at its next meeting succeeding the appointment; but no recess appointment shall be valid - or effective where ratification has been previously refused by the Executive Committee. Chairmen of sub-committees where ever possible, will automatically be appointed as members of the major committee covering their sub-committee assignment.
Section 3. Vacancies (a) In case of death, resignation or removal for any cause of any member of the Department Executive Committee, the vacancy shall be filled by the Department Executive Committee, unless otherwise provided for by the Constitution. (b) The Department Executive Committee shall declare a vacancy to exist in any elected or appointed office of the Department Executive Committee for either of the following reasons: Missing two (2) consecutive regular meetings of the Department Executive Committee, without a valid reason acceptable to the Department Executive Committee. Failure to function in fulfillment of the obligations of the elective office in which he (or she) is serving. (c) All appointments made under this section shall be limited to fill only the un-expired term of office.
Section 4. On all questions effecting the election, eligibility and conduct of the National Executive Committeeman from the Department to the National Executive Committee, or of Department Officers or members of the Department Executive Committee, the Department Executive Committee shall be the final authority thereon.
Section 5. Upon the recommendation of The Department Commander, the Department Executive Committee shall provide for the appointment and employment of such officers and employees as may be needed for the administration of the affairs of The American Legion and prescribe their duties and emoluments. All employees, so far as practicable, shall be members in good standing to The Department of Delaware, The American Legion.
Section 6. A majority of the voting members shall constitute a quorum of The Department Executive Committee.
Section 7. A majority of those members voting shall decide the question, abstention votes shall not be counted.
ARTICLE II DUTIES OF OFFICERS
Section 1. DEPARTMENT COMMANDER: The Department Commander shall be the executive head of The Department of Delaware, The American Legion, with full power to enforce the provisions of the National Constitution and By-Laws of The American Legion, The Department Constitution, The Department By-Laws, and the will of the Department Convention. He shall be the Chairman of the Department Convention and of The Department Executive Committee. He shall appoint all necessary committees, subject to the ratification of The Department Executive Committee, and shall perform such other duties as are usually incident to the office.
Section 2. DEPARTMENT VICE-COMMANDERS: The Department Vice-Commander(s) shall perform such duties as may be assigned to each of them by the Department Commander, subject to the approval of The Department Executive Committee. The Department Vice-Commander(s) shall, on the request of The Department Commander, preside over the meeting of The Department Convention, or The Department Executive Committee, and perform such duties as are usually incident to the office.
A. In the event of the death, or inability of The Department Commander to perform the duties of his office, The Department First Vice-Commander will assume the office of Department Commander. In the event of the death or inability of the said Department First Vice-Commander to so assume the office of Department Commander, The Department Second Vice-Commander will assume said office.
Section 3. DEPARTMENT DISTRICT COMMANDERS: The Department District Commanders shall perform such duties as may be assigned to each of them by these By-Laws, or The Department Commander, subject to the approval of The Department Executive Committee, and shall perform such other duties as are usually incident to the office.
Each District Commander shall be the presiding officer of the District Council of the District and shall call meetings of the council at least once every thirty (30) days and at such other times as may be necessary to carry out Department programs. The District Council shall consist of the District Commander, and District Vice-Commander, three (3) members, and three (3) alternates from each Post in the District, and such members of The Department Executive Committee who belong to a Post in the District. The purposes of the District Council shall be as follows:
To promote membership in The Department of Delaware, The American Legion. To further the programs and policies of The Department, as approved by The Department Executive Committee. To serve as a training ground for developing American Legion leadership.
Section 4. DEPARTMENT ADJUTANT: The Department Adjutant shall be charged with the administration of the policies and mandates of The Department Convention, The Department Executive Committee and the Department Commander. He shall perform such other duties as are usually incident to the office; for example:
He shall attend all meetings of The Department Executive Committee and act as Secretary thereof. He shall, under the direction of The Department Commander, cause notice to be given of all meetings of The Department Executive Committee, and of The Department Convention. He shall conduct the correspondence of The Department, keep the records of The Department Organization, including a record of the Posts within the Department and the officers of each such Post. He shall receive from the posts all annual Department and National dues and assessments. The Department Adjutant will forward a check to the National Finance Officer, in accordance with Article IX, Section 3, of the Constitution of The Department of Delaware, The American Legion.
Section 5. DEPARTMENT FINANCE OFFICER: The Department Finance Officer shall be the Custodian of the general funds of The Department Organization; and shall sign all checks disbursing the funds of The Department Organization for the payment of routine bills, and shall pay other bills upon vouchers fully itemized and approved for payment by The Department Executive Committee, and shall make reports upon the condition of The Department Treasury when called for by The Department Commander or The Department Executive Committee, and shall receive all annual Department dues and assessments, giving his receipt therefore.
The disbursements by The Department Finance Officer shall be subject to and in accordance with and under the instruction of The Department Executive Committee.
The accounts of The Department Finance Officer shall be audited annually within 30 days after the end of the fiscal year, June 30th and the report of the Audit shall be given to the members of The Department Executive Committee within 60 calendar days.
The Department Finance Officer shall be furnished a surety bond as hereinafter prescribed and he shall perform such other duties as are usually incident to the office.
Section 6. DEPARTMENT JUDGE ADVOCATE: The Department Judge Advocate shall advise The Department Officers and The Department Executive Committee on all legal matters, including the construction and interpretation of The Department Constitution and By-Laws, and shall perform such other duties as are usually incident to the office.
Section 7. DEPARTMENT HISTORIAN: The Department Historian from year to year shall collect all records and data of value and interest for The Department Headquarters and shall compile a complete history of the year’s activities during his term of office. He shall also assist Post Historians so as to coordinate and unify the work of these officials and he shall perform such other duties as The Department Executive Committee may prescribe.
Section 8. DEPARTMENT CHAPLAIN: The Department Chaplain shall perform such divine and non-sectarian services as may be necessary, adhering to such ceremonial rituals as may be recommended by National Headquarters from time to time.
Section 9. DEPARTMENT SERGEANTS-AT-ARMS: The duties of The Department Sergeant-At-Arms shall be those usually incident to the office.
Section 10. DEPARTMENT SERVICE OFFICER: The duties of the Department Service Officer will be as directed by the Department Commander and the Department Executive Committee, within the provisions of the National Organization. The Service Officer must know how to utilize the expert services available through Legion channels, as well as those of other agencies. The Service Officer’s report should be a standing part of every Executive Meeting. The Department Service Officer’s daily duties will fall under the direction of the Department Commander and the Department Executive Committee.
Section 11. Commissioner of Veterans Affairs: The American Legion Commissioner of Veterans Affairs shall be nominated by the Department Executive Committee and shall be selected to serve by the Governor. The commissioner shall be responsible for communicating the desires of the membership to the commission and to bring back to the membership information as to the activities of the commission.
Section 12. In case of a vacancy in any such elective Department office occurring after the Department Convention, except as otherwise provided herein, The Department Executive Committee shall fill such vacancy for the un-expired term of said office.
ARTICLE III CHARTERS
Section 1. The Department Executive Committee, by its own action, or upon recommendation of the applicable District Commander, may suspend, cancel or revoke a Post charter. The action taken by The Department Executive Committee shall be final and conclusive unless an appeal is taken to the National Executive Committee with thirty (30) days from the date of said suspension, cancellation or revocation. The action taken by the National Executive Committee upon appeal shall be final.
Section 2. The Department Executive Committee may, upon recommendation by the applicable District Commander, order the suspension of a charter for a period not to extend beyond the closing of the next succeeding Department Convention, as a disciplinary measure, or pending action relative to final revocation.
Section 3. Unless otherwise provided herein any Post failing to meet the obligation imposed upon it by the National and Department Constitutions and By-Laws, or failing to function for six (6) months as an American Legion Post, or voluntarily choosing not to function as a Post, or merging with one or more Posts, or refusing to pay The Department and National per capita dues, or under such other conditions as might make such action necessary, upon order of The Department Executive Committee, shall surrender its charter for cancellation. Upon failure to surrender such charter, immediate steps shall be taken by The District Commander for its revocation, suspension or cancellation.
Section 4. Upon revocation, cancellation or suspension of the charter of a Post in The Department of Delaware, The American Legion, said Post shall immediately cease operations and upon revocation or cancellation shall turn over its charter to The District Commander or the Department Executive Committee. The Department Executive Committee is authorized, empowered and directed by and through its duly authorized agent, to take possession, custody and control of all of the records, property and assets of said Post; provided, however, that nothing herein contained shall be construed as requiring The Department of Delaware, The American Legion, to take over or assume any financial responsibility concerning said Post. The Department Executive Committee may provide for the transfer of the members in said Post to other Posts of their choice, subject to the approval of such other Post, or to The Department Headquarters Post, established hereby for this purpose, and operated in accordance with a Post Constitution, approved by The Department Executive Committee.
Section 5. Any proceedings taken by a District Commander or The Department Executive Committee with a view of suspending, canceling or revoking a Post Charter shall be in accordance with the rules and regulations provided in the “Uniform Code of Procedure for the Revocation, Cancellation and Suspension of Post Charters”, adopted by the National Executive Committee of The American Legion.
ARTICLE IV DISCIPLINE OF POSTS AND POST MEMBERS
Section 1. Each Post of The Department of Delaware, The American Legion, shall be the judge of its own membership, subject to the restriction of the National and Department Constitution and By-Laws, except that no person, who is a member of an organization which has for its aim the overthrow of the United States Government by force or violence, or who subscribes to the principles of any group opposed to our form of government, shall be eligible to become or remain a member of The American Legion.
Section 2. Unless otherwise provided herein, members may be suspended or expelled from The American Legion only upon a proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of The American Legion. All charges must be made under oath in writing by the accusers, and no member in good standing shall lose his membership until given a fair trial in the following manner, to wit:
After consultation with the applicable District Commander, and at a meeting called for such purpose, after ten days written notice directed to all members of such Post, the charges shall be tried by the Post as a whole, and for the purpose of such trial the Post Judge Advocate shall represent the prosecution and the member charged shall have the right to select his own counsel. All members of the Post present at the meeting shall have a right to vote on the question of the guilt or innocence of the person charged and shall constitute the jury in the case, excepting the person charged, the member making the charges, the counsel for both the prosecution and defense, together with the presiding officer of the trial who shall be the Post Commander, or some member appointed by him. A member may be found guilty and expelled on a vote of three-fourths of all present at said meeting.
Section 3. Unless otherwise provided herein, any member who has been reprimanded, suspended or expelled has the right to appeal to The Department Executive Committee. The decision of said Committee shall be final.
Section 4. A member whose dues for the current year have not been paid by January first, shall be classed as delinquent. If his dues are paid on or before February first, he shall be automatically reinstated. If he is still delinquent after February first, he shall be suspended from all privileges. If he is still under suspension on June thirty of such year, his membership in The American Legion shall be forfeited. A member so suspended or whose membership has been forfeited may be reinstated to active membership in good standing by vote of the Post and payment of current dues for the year in which reinstatement occurs. Provided, however, the Post may waive the provisions hereof, upon payment of dues for the year in which reinstatement occurs, with reference to former members who have been prevented from the payment of dues by reason of active military service.
ARTICLE V DEPARTMENT POLICIES
Section 1. The policies of The Department of Delaware, The American Legion, shall always be subject to those of the National Organization and subject to such provisions as shall be determined by The Department in convention assembled or by referendum to local Posts.
ARTICLE VI MONIES AND COLLECTIONS
Section 1. All Department, District and Post officials handling American Legion monies shall be properly bonded with a good and solvent bonding and surety company, as surety, to cover double the average amount of money handled in a single year. The bonds provided to Department Officials shall be approved by The Department Judge Advocate and The Department Executive Committee; those provided to District Officers shall be approved by the District Council; and those provided by the Post Officials shall be approved by the Judge Advocate or Legal Officer of the Post and the Post Executive Committee, or such other official or officials as The Department of Delaware, The American Legion, may designate.
Section 2. The Department Executive Committee, when deemed advisable, shall detail District Commanders, special auditors, or both to investigate the membership rolls and financial statements of any Post within the Department.
Section 3. Any Post within the Department which surrenders its charter, while having paid-up members on its membership roll, shall pay a special assessment of $1.00 per transferred member to The Department to defray the administrative cost of transferring any such member to an active Post in The Department. This assessment may be waived by The Department Executive Committee upon hardship request by the applicable District Commander.
ARTICLE VII AMENDMENTS
Section 1. These By-Laws may be amended as provided for by Article VII, Section 4 of The Department Constitution.
This document includes the amendments adopted July 14, 2007 at the 89th annual convention of the Department of Delaware, The American Legion, Inc. |