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CONSTITUTION OF THE DEPARTMENT OF DELAWARE, THE AMERICAN LEGION, INC.
PREAMBLE
For God and Country, we associate ourselves together for the following purposes:
To uphold and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate a one hundred percent Americanism; to preserve the memories and incidents of our associations in the Great Wars; to inculcate a sense of individual obligation to the community, state and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to posterity the principle. of justice, freedom and democracy, to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.
ARTICLE I NAME
The name of this organization shall be the "Department of Delaware, The American Legion, Inc.”
ARTICLE II NATURE
Section 1. The American Legion is a civilian organization; membership therein does not affect or increase liability for military or police service. Rank does not exist in the American Legion. No member shall be addressed by his military or naval title in any convention or meeting of The American Legion.
Section 2. The Department of Delaware, The American Legion, Inc. shall be absolutely non-political, and shall not ‘be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.
Section 3. Each member shall perform his full duty as a citizen according to his own conscience and understanding. ARTICLE III ELIGIBILITY
Section 1. Membership in the Department of Delaware, The American Legion, Inc., shall be restricted to those declared eligible by the National Constitution of the American Legion.
ARTICLE IV DEPARTMENT ORGANIZATION
Section 1. The Department of Delaware, The American Legion, Inc. shall be organized to District and local units termed “Posts”.
Section 2. Those who desire to form a Post shall make application for a temporary charter to the Commander of the Department of Delaware, The American Legion, Inc. who shall submit the application to the Department Executive Committee. If the Executive Committee approves the application, it may recommend to the National Commander and the National Adjutant that a temporary charter be issued, providing the membership of the new post shall be twenty-five (25) or more charter members.
Section 3. The minimum membership of a chartered Post is fixed at fifteen (15) members in good standing.
Section 4. No Post shall be named after any living person.
Section 5. A Post receiving a temporary charter must abide by the terms and conditions as set forth in said temporary charter and shall uphold the declared principles of The American Legion and shall conform to and abide by the regulations and decisions of the Department of Delaware and of the National Executive Committee, or other duly constituted National governing body of The American Legion.
Section 6. After a temporary charter has been in effect for a probationary period of at least ninety (90) days, application for a permanent charter may be made. Such probationary period shall not exceed one year upon the termination of which the Department Executive Committee shall determine whether or not a permanent charter shall be issued or denied and the action of the Department Executive Committee in such regard shall be final.
Section 7. All charters shall be countersigned by the Department Commander and the Department Adjutant.
ARTICLE V DEPARTMENT CONVENTION
Section 1. The Legislative body of the Department shall be a Department Convention to be held annually at a place and time to be fixed by the vote of the preceding convention, or, in the event that the preceding Convention does not fix a time and place, the Department Executive Committee by a majority vote of its members present shall do so.
Section 2. In the Department Convention, each Chartered Post shall be entitled to two delegates and to one additional delegate for each fifty members, or major fraction thereof, whose current dues have been received by the Department Adjutant thirty days prior to the date of said convention and to one alternate for each delegate. The delegates of the Department Convention shall be chosen by the vote of each Post. No Post shall be allowed to cast its vote or votes by proxy.
Section 3. Each delegate shall be entitled to one vote. The vote of each Post shall be equal to the total number of delegates to which each Post is entitled. The vote of any delegate absent and not represented by an alternate shall not be cast.
Section 4. Alternates shall have all the privileges of delegates except that of voting. However an alternate may vote when the alternate is representing a delegate who is not present.
Section 5. The following Department and National Officers shall be delegates-at-large to Annual Department Convention:
Department Commander Department First Vice Commander Department Second Vice Commander Department Adjutant Department Finance Officer Department Judge Advocate Department Chaplain Department Historian Department Service Officer Department Sergeant-At-Arms One District Commander for each District National Executive Committeeman Alternate National Executive Committeeman
And with the right to vote there at, in the year in which they serve, to be exercised by them in their Posts, and to all District Caucuses at which any election provided for in this Constitution shall be held and at which their respective Posts may be entitled to vote; provided, however, that nothing contained herein shall give to any such persons the right to more than one vote. The failure of any Post to properly register its delegation shall not deprive such Department Officers and National Officers of the Department of his or her right to vote, provided he, himself, or she, herself, is properly registered as a delegate.
Section 6. All Past Department Commanders, while in good standing in their respective Posts, shall be delegates for life to all Department Conventions with vote, to be exercised by them with their respective Posts, and to all District Caucuses at which any election provided for in this Constitution shall be held and at which their respective Posts may be entitled to vote; provided, however, that nothing contained herein shall give to any such persons the right to more than one vote. The failure of any Post to properly register its delegation shall not deprive such Past Department Commander of his or her right to vote, provided he, himself, or she, herself, is properly registered as a delegate.
Section 7. A quorum shall exist at a Department convention when a majority of the Posts are represented by duly elected delegates or alternates.
Section 8. The rules of procedure of the Department convention shall be those set forth in Robert’s Rules of Order, as modified by the Rules Committee.
ARTICLE VI DEPARTMENT OFFICERS
Section 1. The Department officers shall consist of the following:
A. Department Commander Department First Vice Commander Department Second Vice Commander Department Adjutant Department Finance Officer Department Judge Advocate Department Chaplain Department Historian Department Service Officer Department Sergeant-At-Arms B. Any Assistant Department Officer nominated each year by the Department Commander and approved by the Department Executive Committee or the Department Convention. C. One District Commander for each District. D. Commissioner of Veterans Affairs. E. Such other Officers as may be created by the Department Convention.
Section 2. The National officers of the Department of Delaware, The American Legion, Inc. shall consist of: National Executive Committeeman Alternate National Executive Committeeman
These National officers shall be elected as prescribed in Article VI, Section 4a of this Constitution.
Section 3. At each Department Convention there shall be elected the following officers: a Department Commander, a Department First Vice-Commander, a Department Second Vice-Commander, District Commanders, District Vice-Commanders, a Department Chaplain, a Department Historian, and a Department Sergeant-At-Arms. 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 4. The Department Convention shall:
Elect a National Executive Committeeman and an Alternate National Executive Committeeman in those years when required by the terms of office of the National Executive Committeeman and Alternate National Executive Committeeman, as fixed by the National Constitution. Ratify the elected District Commanders, District Vice-Commanders, and Department Executive Committeemen for each District. Ratify any change in District organizational structure; such change not to be effective until after the Department Convention which ratifies such change.
Section 5. Each District in Caucus not more than twenty days prior to the convening of the Department Convention shall elect one at-large representative to the Department Executive Committee for each 1,000 members or major fraction thereof in the said District. The membership strength of said District for this purpose shall be computed as paid up membership in the Department Headquarters at the close of business on the 30th day prior to the convening of the Department Convention or as of July 1st in each year, which ever date shall first occur. In the event, any District shall have less than its first and only unit of 1,000 members, it shall nevertheless be entitled to elect one at-large representative to the Department Executive Committee. No more than two (2) at-large representative positions to the Department Executive Committee shall be held at any one time by members of any one Post.
Section 6. Each District Commander and District Vice-Commander shall be nominated and elected by the Posts in his or her District at a District caucus called for that purpose. Each District Commander shall enjoy the authority to establish a District Organization and By-Laws, not in conflict with the National and Department Constitution and By-Laws. In the event of the death, or inability of the District Commander to perform the duties of his office, the District Vice-Commander will assume the office of District Commander. In the event of a vacancy during the term of office of the District Vice-Commander, for any reason, such vacancy shall be filled by the Department Executive Committee upon nomination by the District Posts. Any such appointment shall be for the un-expired term of office only.
Section 7. No member of the Department Executive Committee shall hold offices or appointments which would entitle him or her to more than one vote.
Section 8. All Officers elected by the Department Convention shall serve until the adjournment of the succeeding Department Convention, except the National Executive Committeeman and the Alternate National Committeeman, who shall serve for terms of two (2) years.
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; provided, however, that in the event of a vacancy in the National Executive Committeeman, the Alternate National Executive Committeeman shall succeed to such office for the un-expired term.
In the event the Department Commander is absent from the Department Convention, meeting of the Department Executive Committee, or from any other meeting where his presence is requisite, but no vacancy in the office exists, the Department First Vice-Commander shall act temporarily for him.
Section 9. All persons having custody of funds shall be bonded in an amount determined by and subject to the approval of the Department Executive Committee.
ARTICLE VII DEPARTMENT EXECUTIVE COMMITTEE
Section 1. Between Department Conventions the administrative power of the Department shall be vested in a Department Executive Committee, which shall be composed of the following:
The Department Commander, the Department Vice-Commanders, the Department Chaplain, the Department Historian, the Department Sergeant-At-Arms, the immediate three Past Department Commanders, the National Executive Committeeman and the Alternate National Executive Committeeman. The District Commanders, District Vice-Commanders, and Department Executive Committeemen. The Department Adjutant shall serve as secretary and the Department Judge Advocate shall be the legal advisor to the Department Executive Committee. All Department and District Officers and voting members shall attend all meetings of the Department Executive Committee. The voting members of the Department Executive Committee shall be: Department Commander and Vice-Commanders; Department Chaplain; Department Historian; Department Sergeant-At-Arms; National Executive Committeeman; District Commanders; Department Executive Committeemen; and the immediate three Past Department Commanders who are in good standing in their respective Posts; provided, however, that nothing contained herein shall give to any such persons the right to more than one vote. In the absence of the District Commander for reasons of health, indisposition or inability to attend any meeting of the Department Executive Committee, the District Vice-Commander of the respective district shall be recognized and given the right to vote in the absence of the District Commander. In the absence of the National Executive Committeeman for reasons of health, indisposition or inability to attend any meeting of the Department Executive Committee, the Alternate National Executive Committeeman shall be recognized and given the right to vote. The term of office of all members of the Department Executive Committee shall commence immediately upon their qualified election or appointment and shall end when their successors have been duly elected or appointed.
Section 2. At the first meeting of the Department Executive Committee, following the Department Convention, the Committee shall act upon the following:
A. Incoming Commander’s appointment of a Department Adjutant, a Department Finance Officer, a Department Judge Advocate, and Assistant Department Officers nominated by the Department Commander, such officers to hold office at the pleasure of the Department Commander, when confirmed by the Department Executive Committee. B. At such first meeting, the Department Executive Committee shall also act upon the incoming Commander’s appointment of a Department Service Officer, who shall hold office until his or her resignation, inability to act, or dismissed by the Department Executive Committee. C. The Department Executive Committee shall determine the remuneration, if any, of officers appointed under this section, subject to available funds.
Section 3. The Department Executive Committee shall meet on call of the Department Commander, and the Department Commander shall call a meeting of the Department Executive Committee on written request by one/third of the members thereof. A majority present of the total Department Executive Committee entitled to vote shall constitute a quorum.
Section 4. The Department Executive Committee shall formulate and adopt By-Laws, which shall prescribe the duties and functions of the Department Officers. Such By-Laws shall be adopted by a two-thirds vote of the voting members of the Department Executive Committee and shall be subject to amendment in either one of the following ways:
First: The Department Executive Committee may amend the By-Laws by a two thirds vote of the voting members thereof; provided, that all amendments to the By-Laws originating in the Department Executive Committee shall lay over for a period of thirty (30) days after submission.
Second: Any Post may submit an amendment to the By-Laws which amendment the Department Executive Committee shall submit by referendum to the local Posts, and such amendments may be adopted by a majority vote of all Posts.
Third: The By-Laws may be amended by the Department Convention in the manner provided for in Article XVII of this Constitution.
Section 5. All Past Department Commanders, except the immediate three (voting members) Past Department Commanders, shall be ex-officio members of the Department Executive Committee for life, without vote; provided, however, that said Past Department Commander is in good standing within his or her respective Post.
Section 6. Between normally scheduled Department Executive Committee meetings actions requiring immediate attention may be handled via e-mail by the Department Adjutant or other designated officer with printed copies of the responses of the voting members of the Department Executive Committee being kept for record purposes. The action taken shall be made a part of the next following normal Department Executive Committee meeting minutes.
ARTICLE VIII CHARTERED POST ORGANIZATION
Section 1. The officers of the Post shall be as follows: a Post Commander, one or more Vice-Commanders, a Post Adjutant, a Post Finance Officer, a Post Historian and Publicity Officer, a Post Chaplain, a Post Service Officer, a Post Children & Youth Officer, and such other officers as the Post shall determine. The office of Post Adjutant, Post Finance Officer and Post Service Officer or any two (2) thereof may be held by one person if the Post so desires, and all officers except the Post Commander and Post Vice-Commander may be appointed by the Post Commander if the By-Laws of the Post shall so provide.
Section 2. Each Post shall submit a copy of its Constitution and By-Laws to Department Headquarters and shall further submit to Department Headquarters a copy of all amendments thereto within thirty (30) days of adoption, and the Constitution and By-Laws of each Post, and amendments thereto, shall be subject to the approval of the Department Executive Committee.
ARTICLE IX FINANCE
Section 1. The revenue of the Department of Delaware, The American Legion, Inc. shall be derived from annual membership dues and from such other sources as may be approved by the Department Executive Committee.
Section 2. The amount of such dues shall be determined by each Department Convention for the ensuing year.
Section 3. Dues fixed by the National Convention and fixed by the Department Convention shall be collected by each Post and forwarded to the Department Adjutant. The Department Adjutant will consolidate the dues and send a check from the dues account to the National Finance Officer. He will notify the Department Finance Officer of the amount and break down within 48 hours so that monies from the Department General Fund Account can be electronically transferred to cover the dues account.
Section 4. Revenue generated by programs other than dues (example: Hawaiian Fling, All Occasion Cards. etc.) may be under the control of the chairman of that program. Deposits and disbursements of these monies will be at the discretion of the chairman under the guidance of the Department Executive Committee. The chairman will forward monthly and annual reports to the Department Financial Officer for inclusion in the Department Finance Reports for annual audits.
ARTICLE X DISCIPLINE
Section 1. The Department Executive Committee 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 within 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 shall provide for the government and administration of a Post during its suspension or upon revocation of its charter.
Section 3. An appeal may be made to and acted upon by the Department Convention for any disciplinary measure or suspension ordered by the Department Executive Committee, except a suspension pending action by the National Executive Committee, on the revocation of a Post’s Charter; provided, that the filing of an appeal shall not suspend the action of the Department Executive Committee until the Department Convention has acted upon it.
ARTICLE XI CHANGE OF RESIDENCE
Section 1. Any member in good standing in a post of this Department, removing from his Post, shall be entitled to receive a certificate from his Post stating his membership and the duration thereof.
ARTICLE XII THE AMERICAN LEGION AUXILIARY
Section 1. The Department of Delaware, The American Legion, Inc. recognizes an auxiliary known as “American Legion Auxiliary, Department of Delaware.”
Section 2. Membership in the American Legion Auxiliary, Department of Delaware shall be restricted to those declared eligible by the National Constitution of The American Legion.
Section 3. The auxiliary shall be governed, in this Department of The American Legion, by such rules and regulations as may be prescribed by the National Executive Committee and thereafter approved by this Department of The American Legion.
ARTICLE XIII RATIFICATION
Section 1. All acts performed under prior existing constitutions are hereby ratified and confirmed.
ARTICLE XIV AMENDMENTS
Section 1. This Constitution may be amended by a two-thirds vote of the delegates present at any Department Convention, provided that notice of such proposed amendment shall have been mailed or delivered to each Post within the Department at least thirty (30) days prior to the annual Department Convention at which the vote thereon is taken.
ARTICLE XV INTERPRETATION
Section 1. Should any controversy or question arise with reference to the interpretation or definition of this Constitution or By-Laws herein provided for, the matter shall be referred to the Department Judge Advocate through Department Headquarters for decision.
Section 2. Any other controversy or question arising within the Department may be referred to the Department Judge Advocate by the Department Commander or the Department Executive Committee through Department Headquarters for his decision.
Section 3. Any decision of the Department Judge Advocate rendered pursuant to the above provisions shall be final and binding upon all agencies of The American Legion in the Department of Delaware unless revoked by action of the Department Executive Committee.
Section 4. The Department Executive Committee at its first meeting following the rendering of the decision appealed from, may in its discretion revoke or amend any ruling of the Department Judge Advocate complained of by any party at interest in such appeal.
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This document includes the amendments adopted July 13, 2008 at the 90th annual convention of the Department of Delaware, The American Legion, Inc.
This document includes the amendments adopted July 10, 2010 at the 92nd annual convention of the Department of Delaware, The American Legion, Inc.
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The American Legion Department of Delaware Constitution updated 7-10-10 |