1. The American Legion Constitution The Foundation of your Organization Dan Morea Joseph Mondello

2. American Legion Constitution The constitution is the foundation of the Post and the By Laws are the specifics of implementing the constitution. You are encouraged to take notes, refer to the officers’ guide and review your Post, County, or District Constitution and By Laws. Our goal is to help you leave motivated enough to help the organization stay current appeal to both experienced and new member.

3. The American Legion Constitution In order to provide continuity, success, fairness, pro- activity, as well as the tradition which has created and maintained the largest Veterans Service Organization in the world providing service to the Community, State, and Nation and defense of the Constitution of the United States of America. Along with the aforementioned to continue and improve our advocacy for veterans and their dependents of all eras. QUESTION: Does the Department of NY prescribe such constitution to our posts?

4. The American Legion Constitution The Preamble of the American Legion should be at the beginning of every Post’s constitution. ARTICLE I NAME Section 1 provides the formal name of the Post and where the Post home is located.

5. The American Legion Constitution ARTICLE II OBJECTS This section should provide a statement as outlined in the American Legion of the current edition. Its content basically states that the objects and purposes of this post shall be to promote the principles and policies as set forth in the foregoing preamble and the National and Department Constitutions of the American Legion.

6. The American Legion Constitution ARTICLE III NATURE This article prescribes that the post is a civilian organization and membership does not affect nor increase liability for military or police service. Rank DOES NOT EXIST in the American Legion. And no member shall be addressed by his or her military or naval title during a meeting or convention of this organization.

7. ARTICLE II Section II The American Legion Constitution This section states that the American Legion is absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor the promotion of candidacy of any person seeking public office or preferment. QUESTION: What does the term preferment refer to in Article II Section II?

8. ARTICLE IV MEMBERSHIP The American Legion Constitution Any person shall be eligible for membership in the American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard, or Air Force of the United States and assigned to active duty at some time during any of the following periods: December 7, 1941 to December 31, 1946 June 25, 1950 to January 31, 1955 February 28, 1961 to May 7, 1975 August 24, 1982 to July 31 1984 December 30, 1989 to January 31, 1990 August 2, 1990 to the end or cessation of hostilities as determined by the Congress of the United States of America.

9. ARTICLE IV MEMBERSHIP Continued All dates inclusive or who being a citizen of the United States at the time of his or her entry therein, served on active duty in the Armed Forces of any of the governments associated with the United States during any of the said periods, provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorable after any of sid periods, provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political, or other grounds to subject himself or herself to military discipline or unqualified service.

10. ARTICLE IV MEMBERSHIP Continued NOTE: Section 1 can simply read “Eligibility to membership in Post shall be as prescribed by the National Constitution of the American Legion”. Section II: Application for membership shall be made in writing under such regulations as may from time to time be prescribed by the Executive Committee, and approved by the County Committee wherein the post is located.

11. ARTICLE IV MEMBERSHIP Section II Continued All applications for membership accompanied by service discharge papers shall be referred to the Membership Committee, who shall report their findings to the Executive Committee. Upon approval of eligibility, the application accompanied by dues shall be presented to the Post at a regular meeting and shall be acted upon at such meeting. A majority vote of the members of the Post members present shall be necessary for acceptance.

12. ARTICLE IV MEMBERSHIP Continued Section III: All applications for membership shall be acted upon at the next Post meeting following the making of such application and shall at such meeting, be accepted; rejected or referred for further investigation and consideration. If a majority of the members cast their vote against the acceptance of said application, then such application shall be recorded as rejected. Prior to proceeding with this process it is recommended that the Post check with the Department Constitution and By Laws.

13. ARTICLE IV Constitution Section IV: Any member of Post __ may be expelled for cause by a two-thirds vote of the Executive Committee after charges are preferred under oath in writing, and a fair trial occurs on the same. Prior to proceeding with this process it is recommended that the Post check with the Department Constitution and By Laws.

14. ARTICLE IV Constitution Section V: A member who has been expelled or suspended from Post __ for any cause, may be reinstated to membership by a two- thirds vote of the membership present in the meeting, and the payment of current dues for the year in which the reinstatement occurs.

15. ARTICLE IV Constitution Section VI: No person expelled from a Post shall be admitted to membership in another Post without the consent of the expelling Post. If denied the candidate may appeal to the Department Executive Committee for permission to be admitted to membership in another Post and shall be ineligible until such permission is granted.

16. ARTICLE V – OFFICERS The American Legion Constitution Section I: The administrative affairs of the Post of the American Legion shall, except as may otherwise be provided by the By Laws, be under the supervision of an Executive Committee which shall consist of __ members in addition to the officers of the Post. The term of office of members of the Executive Committee shall be for one year. The Post, by its By Laws may provide for such other Standing Committees as the business of the organization requires.

17. ARTICLE V – OFFICERS The American Legion Constitution Section II: The officers of the Post _____ shall be a commander, a vice-commander, and adjutant, a finance officer, a Post historian, a Post chaplain, Post service officer and a sergeant at arms and such other officers as may be deemed necessary by this organization, who shall be nominated from the floor at the meeting preceding the annual election.

18. ARTICLE V – OFFICERS The American Legion Constitution Section III: All officers and Executive committeemen shall be elected annually, and they shall hold office until their successors are duly installed or as otherwise provided. Any officer or Executive committeeman may be removed for inefficiency by the Executive Committee, a two thirds vote of said committee being necessary to effect such removal.

19. ARTICLE V – OFFICERS The American Legion Constitution Section IV: Every member in good standing and eligible for position requirements (such as eligibility for bonding) shall be eligible to hold office in Post _____. Section V: The duties of officers and the Executive Committee shall be those usually appertaining to such officers or committee and as further provided in the By Laws of the Post __.

20. ARTICLE VI – FINANCE The American Legion Constitution Section I: The revenue of the Post shall be derived from membership or initiation fees, from annual membership dues and from such other sources as may be approved by the Post Executive Committee. Section II: The amount of such membership or initiation fees and the amount of such annual Post dues shall be fixed and determined by the Post. Section II: Post __ shall pay to Departmental Headquarters the National and Departmental Annual Membership dues for every member of the Post.

21. ARTICLE VII Charter Members The American Legion Constitution Members who joined Post __ prior to the issuance of the Post Charter shall be known as Charter Members. NOTE: The matter of charter members for permanent charter is left to the decision of the Post Members.

22. ARTICLE VIII The American Legion Auxiliary Section I: The Post recognizes an auxiliary organization known as Auxiliary Unit _____ (POST NAME AND NUMBER) of the American Legion. Section II: Membership in the Auxiliary shall be as prescribed by the National Constitution of the American Legion Auxiliary.

23. ARTICLE IX – AMENDMENTS The American Legion Constitution Section I: The constitution is adopted subject to the provisions of the national constitution of the American Legion and the Department Constitution of the Department of New York. Any amendment to said National Constitution or Department Constitution which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.

24. ARTICLE IX – AMENDMENTS Continued Section II: This Constitution may be amended at any regular Post meeting by a vote of two-thirds of the members attending such regular meeting, providing the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post and providing, further, written notice shall have been given to all members at least __ days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the Constitution to be voted upon.

25. The American Legion By Laws Article I: The Post existing under these by laws is known as _____ of the Department of New York. Article II: Management Section I: The government and management of the Post is entrusted to an Executive Committee of Post __ members, to be known as the Executive Committee.

26. The American Legion By Laws Continued Section II: The Executive Committee shall consist of __ members in addition to the officers of the post and together with other officers of this Post shall be elected annually on (DATE) and take office at the meeting following that of the election. All election of officers and Executive Committee persons of the executive board shall be by ballot and the candidate or candidates receiving the highest numbers of votes shall be elected to the respective office or officers for which they are candidates.

27. The American Legion By Laws Article II continued Section III: All vacancies existing in the Executive Committee, or in any office of the Post from any cause other than the expiration of the term, shall be filled by a majority vote of the remaining members of the committee or officers. A vacancy shall exist when a member or officer is absent from the Post for a continuous period considered detrimental to the interest of the Post by the Executive Committee.

28. The American Legion By Laws Article III Section I: The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post commander within 10 days after installation. Section II: The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having custody of funds; shall hear the reports of Post committee chairs; and generally, shall have charge of and be responsible for the management of the affairs of the post.

29. The American Legion By Laws Duties of Officers Article IV Section I: Duties of the Post Commander. He or she shall preside at all meetings of the Post and to have general supervision over the business and affairs of the Post, and as such shall be the chief executive officer of the Post. The Commander shall approve all orders directing the disbursement of fund and shall make an annual report covering the business of the Post for the year; which shall be read at the annual meeting and a copy of thereof immediately forwarded to the Department Adjutant. The Commander shall perform such other duties as directed by the Post.

30. The American Legion By Laws Article IV Section II: Duties of the Vice Commander The Vice Commander shall assume and discharge the duties of the Commander in the absence or disability of, or when called upon by the Post Commander. Section III: Duties of the Adjutant The Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National Organizations may require, render reports of membership annually or when called upon at a meeting, and at the direction of the Commander handle all correspondence of the Post.

31. The American Legion By Laws Article IV Duties of Officers Section IV: Duties of the Treasurer The Treasurer of the Post shall have charge of all finances and see that they are safely deposited in some local bank of banks and shall report once a month to the Executive Committee the condition of the finances of the Post, with such recommendations as may deem expedient or necessary for raising funds, with which to carry on the activities of the Post. The treasurer shall sign all checks disbursing the monies of the Post, and shall furnish such surety bonds in such sum as shall be fixed by the Post Executive Committee.

32. The American Legion By Laws Article IV Duties of Officers Section V: The Post Historian shall be charged with the individual records and incidents of the Post and Post members and shall perform such other duties as may properly pertain to the office as may be determined by the Post or the Executive Committee. Section VI: Duties of the Post Chaplain The Post Chaplain shall be charged with the spiritual welfare of the Post comrades and will offer divine but nonsectarian service in the event of dedications, funeral, public functions, etc. adhere to such ceremonial rituals as are recommended by the National or Department Headquarters from time to time.

33. The American Legion By Laws Article IV continued Section VII: The Sergeant At Arms shall preserve order at meetings and shall perform such other duties as may be from time to time assigned by the Post Executive Committee.

34. The American Legion By Laws Article V Delegates Delegates and alternates to County and Department Conventions shall be elected by ballot by the Post and at a regular meeting of the Post at least 20 days prior to the date of such convention.

35. The American Legion By Laws Article VI Appointments Section I: The Post Commander each year upon taking office shall appoint the following standing committees: Americanism, Ceremonial, children and youth, economic, finance, foreign relations, graves and registration, house and entertainment, legislative, membership, public relations, veterans affairs and rehabilitation, homeland security, Sons of the American Legion, VAVS. Such standing committees shall consist of such members, and the chair thereof shall be designated by the Post Commander.

36. The American Legion By Laws Article VI Committees Section II: Americanism Committee shall be charged with the inspiration of patriotism. Section III: Ceremonial Committee. Section IV: Children and Youth. Section V: Economic Committee. Section VI: Finance Committee. Section VII: Foreign Relations Committee. Section VIII: Graves, Registration and Memorials Committee. Section IX: House and Entertainment Committee.

37. The American Legion By Laws Article VI continued Section X: Legislative Committee Section XI: Membership Committee Section XII: Public Relations Committee Section XIII: Veterans Affairs and Rehabilitation Committee Section XIV: Homeland Security Committee Section XV: Sons of the American Legion Committee Section XVI: VAVS Committee

38. American Legion By Laws Article VII Resolutions All resolutions of State or National scope presented by this Post by a member or reported to this Post by a Committee shall merely embody the opinion of this Post on the subject and copy of the same shall be forwarded to the Department Headquarters for its approval before any publicity is given or action other than mere passage by the Post is taken.

39. The American Legion By Laws Article VIII Meetings Section I: The regular meeting of the Post shall be held at the Post home on _____ at which may be transacted such business as may properly be brought up for action; such meetings may be converted into entertainment meetings, as may be deemed advisable by the officers of the Post. Section II: the Post Commander or a majority of the Executive Committee shall have the power to call a special meeting of the Post at any time. Section III: Upon written request of __ members, the committee shall call a special meeting of the Post. Section IV: __ members shall constitute a quorum.

40. The American Legion By Laws Article IX: Notes Section I: Every member shall furnish the Post Adjutant with an address for mailing. Section II: The Post Adjutant shall cause notice of annual election to be given at least two weeks prior thereto.

41. The American Legion By Laws Article X Rules of Order All proceedings of the Post shall be conducted under the pursuant “Roberts Rules of Order”, except as provided by the officers’ guide and Post By Laws. Article XI Limitation of Liabilities The Post shall incur, or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other Post, subdivision, members of the American Legion or other individuals, corporations or organizations.

42. The American Legion By Laws Article XII Amendments These By Laws may be amended at any regular Post meeting by a vote of two-thirds of the members of said Post attending such regular meeting. Provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post, and, provided further that amendment is to be voted upon, notifying said members that at such meeting a proposal to amended the By Laws is to be voted upon.

43. The American Legion By Laws Article XIII Membership Dues and Delinquency Section I: Legion membership is annual, the Legion year beginning January 1 to December 31. Dues are payable October 20 in advance. Section II: If dues are not paid by January 1 of each calendar year, the member becomes delinquent. If dues have not been paid by February 2, the member is suspended, but nevertheless a member with no privilege except that of reinstatement by vote of the Post and payment of dues; and dues not being paid, such membership continues for five months, to June 30, at which time the member is dropped from the rolls by constitutional mandate and membership is forfeited.

44. The American Legion By Laws Article XIV Membership Resignation A member may resign from the Post at any time while dues are paid and can thereafter join another Post as a new member, in which event the continuity of Legion membership is broken, and upon resignation the Post is not required to rebate any part or portion of the member dues.

45. The American Legion By Laws Article XV Transfer of Membership Section I: The only method of transferring from one Post to another so the continuity of the membership in the Legion is not broken is by formal transfer, which is available only to members in good standing. Section II: The right to transfer does not carry the right to be accepted by any Post. Section III: A member of a Post may not move the membership to another Post and retain continuous membership without the formality of a transfer. Being a member of more than one Post at one time is a violation of the Constitution.

46. The American Legion By Laws Article XV Transfer of Membership Section IV: On transfer there shall be no transfer of funds derived from dues, etc. The accepting Post shall recognized the fact of dues having been paid to the Post from which the transfer is sought. Then the accepting Post may collect from the transfer in member the excess dues prorated from the date of acceptance to the end of the current Legion year.

47. Thank you !!!!