The following articles, sections and pages constitute the official Constitution and Bylaws of The American Legion, Department of Mexico, as
adopted by Department Convention on August 2, 1952 in Mexico, D.F., Mexico. Revisions and/or amendments were made in Conventions in 1953,
1954, 1957, 1959, 1960, 1962, 1965, 1966, 1967, 1974, 1975, 1978, 1984, 1988, 1993, 1995, 1996, 2000, 2001, 2002, 2004, and at Chapala, Jalisco, Mexico June 13 & 14, 2007
CONSTITUTION
of
The American Legion Department of Mexico
PREAMBLE
For God & Country, We Associate Ourselves Together For The Following Purposes:
To Uphold & Defend The Constitution Of The United States Of America;
To Maintain Law & Order; To Foster & Perpetuate A One-Hundred Percent Americanism;
To Preserve The Memories & Incidents Of Our Associations In The Great Wars;
To Inculcate A Sense Of Individual Obligation To The Community, State & Nation;
To Combat The Autocracy Of Both The Classes And The Masses;
To Make Right The Master Of Might; To Promote Peace & Good Will On Earth;
To Safeguard & Transmit To Posterity The Principles Of Justice, Freedom & Democracy;
To Consecrate & Sanctify Our Comradeship By Our Devotion to Mutual Helpfulness.
ARTICLE I - NAME
Section 1. The name of the organization shall be The American Legion Department of Mexico.
Section 2. The Department of Mexico is an integral part of The American Legion as provided in The National Constitution and Bylaws.
Section 3. The Department Headquarters shall be located at the Post of the Department Commander or where he directs.
ARTICLE II - PURPOSE
Section 1. The purpose of this organization is to adhere to and promote the principles and policies of The American Legion as set forth in its National Constitution and Bylaws.
Section 2. This organization in non-political and non-sectarian and shall never be used for the dissemination of partisan propaganda; or the promoting of any partisan propaganda or the promoting of any person’s candidacy for public office.
ARTICLE III - ELIGIBILITY
Section 1. Eligibility for membership in The American Legion Department of Mexico shall be the same as prescribed for membership in the National Constitution.
Section 2. No person, who has been expelled by a Post, shall be admitted to membership in another Post, without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, he may then appeal to the Executive Committee of the Department of the expelling Post for permission to be admitted to membership in another Post, and shall be ineligible for membership until such permission is granted.
ARTICLE IV - DEPARTMENT CONVENTION
Section 1. A Department Convention shall be held annually. It shall be called at a date not more than three (3) months nor less than thirty (30) days prior to the National Convention.
Section 2. In case of emergency, the Department Commander may change the date and/or site of the annual Department Convention after receiving approval of any change by Department Executive Committee members representing a majority of Posts within the Department and representing at least one-half (1/2) of the Department membership.
ARTICLE V - DEPARTMENT OFFICERS
Section 1. The Department officers shall be Commander, First Vice Commander, Second Vice Commander, Finance Officer, Judge Advocate, Historian, Chaplain, Sergeant-At-Arms, Adjutant, and Service Officer. Such other Assistant officers as may be deemed necessary may be appointed by the Department Commander and ratified by the Department Executive Committee
Section 2. With the exception of the Department Commander, a member of the Department of Mexico may serve in a Post and Department office simultaneously. The Department Commander shall serve only in that office and must resign any other office; no person shall be reelected to a consecutive term of that office. No one shall hold two (2) elected Department level offices at the same time. The Department Adjutant shall serve in that office and no other Department level office.
ARTICLE VI – DEPARTMENT EXECUTIVE COMMITTEE
Section 1. There shall be a National Executive Committeeman and an Alternate National Executive Committeeman.
A. The NEC and Alternate shall be Department Officials.
B. These officials shall not be deemed to hold Department level offices.
Section 2. The Department Executive Committee shall be composed of the Department Commander, First Vice Commander, Second Vice Commander, Adjutant, Finance Officer, Judge Advocate, Historian, Chaplain, Sergeant-At-Arms, Service Officer and as many Department Executive Committeemen as there are Posts in the Department, and the Commanders of Posts within the Department, the National Executive Committeeman or Alternate National Executive Committeeman and Past Department Commanders, all of must be members in good standing of a Post within the Department of Mexico. All shall be members with vote.
Section 3. All Chairmen of Committees, the Department Custodian and Assistant officers who may be appointed from time to time shall be members of the Department Executive Committee without vote.
ARTICLE VII - AUXILIARY
Section 1. The American Legion Auxiliary is the recognized auxiliary organization of The American Legion, Department of Mexico.
ARTICLE VIII - AMENDMENTS
Section 1. The Department Constitution may be amended at any Department Convention by a vote of two-thirds (2/3) of th4e authorized, registered delegates, provided:
a. The proposed amendment to the Department Constitution has been presented to the Department Judge Advocate and the Department Adjutant postmarked at sixty (60) days prior to the Department Convention and distributed to all Posts within the Department by the Department Adjutant at least thirty (30) days prior to the Department Convention. A proposed amendment may be further amended without further notice by a two-thirds (2/3) delegate vote provided it not increase the modification proposed by the amendment;
and
All proposed amendments shall be read at the Department Convention at least one (1) hour prior to being voted upon;
and
All proposed amendments presented from the floor without prior notice shall require unanimous vote of approval.
Section 2. All approved amendments shall become effective upon adjournment of the Department Convention unless otherwise provided therein.
Section 3. All Posts within the Department shall be notified by the Department Adjutant of all changes in and to the Department Constitution. All Posts within the Department shall change their Constitution to conform as soon as practical.
Section 4. Any conflict between the Department Constitution and the National Constitution shall be resolved in favor of the National Constitution.
__________________________________________________________________________
BYLAWS
of
The American Legion Department of Mexico
ARTICLE 1 - DEPARTMENT EXECUTIVE COMMITTEE
Section 1. The Department Executive Committee between Conventions shall possess the administrative powers of the Department of Mexico. Additionally, the Department Executive Committee shall:
a. Hold meetings at least three (3) times between Department Conventions and more if necessary. The place and date of said meetings shall be determined by the Department Commander after consultation with the Executive Committee members, so that as many as possible will be able to attend. The first and last meeting shall be held within twenty-four (24) hours after and before the annual Department Convention.
b. Have authority to require the Department Commander to convene the Committee upon written request signed by at least one-fourth (1/4) of the Department Executive Committee voting members. The Department Commander may, by his order, call the Executive Committee to convene.
c. Have one (1) vote per member. No person shall have additional votes by right of holding multiple Department offices. A Department officer may give his proxy only to another Department officer. For non-Department officers, a proxy shall be permitted when presented in writing, naming a personal representative who is in good standing from any Post in the Department, signed by the absent Executive Committee member and attested to by his Post Adjutant or Commander. A proxy holder may exercise only proxies from his own and one (1) other Post. Absent Past Department Commanders may give a proxy only if serving as an elected Post Commander, the elected Department Executive Committeeman, or Department officer with vote. A proxy may be given by a member present at the Department Executive Committee meeting; such proxy may be attested to by any DEC member present except the person receiving the proxy. Proxies are non-transferable. A proxy constitutes attendance. An Alternate shall take preference over a proxy.
d. Be required to attend a specified number of Department Executive Committee meetings. If any Department Executive Committeeman, without valid cause, fails to attend two (2) consecutive official meetings of said committee, and is not represented by virtue of a proxy or alternate, after the presence of a quorum has been determined the Department Executive Committee may declare a vacancy and elect a Committeeman-At-Large to be installed. The Department Adjutant shall advise the absent member’s Post of said action and call for the election of a replacement prior to the next Department Executive Committee meeting.
e. Authorize all Department investments and the hiring and salaries of any employees it may deem necessary to properly conduct the business of the Department. All employees of the Department shall report to, and be under the supervision and jurisdiction of, the Department Adjutant. The employment of Department employees may be terminated by the Department Adjutant or by order of the Department Executive Committee.
f. Set the Convention registration fee at its Winter meeting. In the event the preceding Department Convention Delegates did not select the site, then the Department Executive Committee shall do so; the exact date shall be fixed by the Department Executive Committee no less than two (2) months in advance of the Department Convention date.
g. Authorize, based upon the recommendation of the Department Finance Committee, the necessary forms and cause to be instituted such systems of accounting which will enable a review and reconciliation of all Department income and disbursements upon notice within a reasonable time.
h. Review and approve the proposed annual budget recommended by the Department Finance Committee. The adopted budget shall remain in effect regardless of administration change, subject to change at a future meeting of the Department Executive Committee.
i. Have meetings of the Executive Committee, except when in Executive Session, open to any member of the Department in good standing.
j. Declare, upon request of any member of the Department Executive Committee, an Executive Session whereby all those attending who are not voting members shall be excused. Any decisions made during an Executive Session shall be announced when the Executive Committee meeting again becomes open.
k. Have the authority to terminate any appointment made or approved by it and reverse any decision made by the Department Commander with a two-thirds (2/3) vote of those present.
l. Have the authority at any meeting with a quorum present, by a two-thirds (2/3) vote, to add, delete or amend the Appendix—Policies and Procedures providing such change shall not alter or be in conflict with the Constitution or Bylaws of the Department of Mexico.
m. Not conduct any Department business in the absence of a quorum. Be credited with having a quorum when one-third (1/3) of the total voting Executive Committee members are either present or represented by an authorized proxy, including Past Department Commanders present at the meeting; representing one-half (1/2) of the Posts representing at least fifty percent (50%) of the Department membership. Department Executive Committee members holding multiple voting offices shall be counted only once. Past Department Commanders shall be counted only if present.
Section 2. All questions affecting the election, eligibility and conduct of the National Executive Committeeman or Alternate, or of Department officers, or members of the Department Executive Committee, shall be referred to and determined by the Executive Committee of the Department, which shall be the final authority thereon.
ARTICLE II - DUTIES OF OFFICERS
Section 1. DEPARTMENT COMMANDER: The Department Commander shall be the Executive Head of the Department of Mexico with full power to enforce the provisions of the Department Constitution and Bylaws, the decisions of the Department Executive Committee, the will of the Delegates to Department Conventions, and shall serve as an ex-officio member of all Department Committees without vote. Additionally, the Department Commander shall:
a. Serve as the Chairman of Department Executive Committee meetings and the Department Convention.
b. Make a mid-year report to the Department Executive Committee and an annual report to the Department Convention.
c. Approve all emergency expenditures not contained within the approved Department budget, or in excess of budgeted amounts, after consulting with the Department Finance Officer and at least three (3) members of the Department Executive Committee when the
d. See that unbudgeted expenses do not exceed two percent (2%) of the annual budget. These unbudgeted expenses must be approved by the Department Executive Committee at its next meeting. All expenditures over two percent (2%) of the total approved budget which are approved by the Department Executive Committee shall in effect amend the annual budget.
e. Ensure that the extraordinary expenses without Executive Committee approval be reimbursed.
f. Perform such other duties as are usually incident to the office.
Section 2. DEPARTMENT VICE COMMANDERS: The Department Vice Commanders shall act as representatives of the Department Commander on all matters referred to them by him. Additionally the Department Vice Commanders shall:
a. Perform such duties as assigned to them by the Department Commander and the Department Executive Committee.
b. Be responsible for increasing Department membership. The First Vice Commander as Chairman of the Membership Committee shall be responsible for membership development and Post activities in Mexico and the Second Vice Commander shall be responsible for same in Central America.
c. Perform such other duties as are usually incident to the office.
Section 3. DEPARTMENT ADJUTANT: The Department Adjutant is responsible for recording in writing all proceedings of Department Conventions, Executive Committee meetings, and other meetings as directed by the Department Commander or the Department Executive Committee; no legal or official instrument of writing is authentic without the Adjutant’s attestation. Additionally, the Department Adjutant shall:
a. Attend all meetings of the Department Executive Committee and the Department Convention, acting as secretary, recording the proceedings and distributing within thirty ( 30 ) days the minutes of such to all attending, voting members of the Department Executive Committee and any Department member who may request one.
b. Be responsible for sending to the Department Finance Committee a copy of the Department budget within thirty (30) days of its approval.
c. Keep an accurate list and prepare a Directory containing address and telephone numbers (including email and/or Fax, if available) of all Department Officers, Department Executive Committeemen, Post Commanders, Post Adjutants, Past Department Commanders, Department Committee Chairmen and Post Headquarters, distributing said Directory to each Post and to all members of the Department Executive Committee within thirty (30) days following the Department Convention.
d. Superintend the authorized printing of all Department documents, proceedings and the like.
e. Receive all petitions, reports, appeals, returns and other communications directed to the Department and its officers and committees, and shall ensure they are distributed and acted upon, filed and preserved in an orderly manner.
f. At the completion of his term in office, submit necessary current files, seal and similar items required for Department business to the incoming Department Adjutant and send all other Department files to the designated Custodian of the permanent files.
g. Perform such other duties as are usually incident to the office and as may be assigned by the Department Commander or the Department Executive Committee.
Section 4. DEPARTMENT FINANCE OFFICER:
The Department Finance Officer shall be the Custodian of all monies received by the Department from any source and shall account for all transactions. Additionally, the Department Finance Officer shall:
a. Present the proposed annual budget recommended by the Department Finance Committee for Department Executive Committee approval at its third meeting, held in the winter. The budget and the fiscal accounting year shall commence on 1 May and end on 30 April the following year.
b. Be authorized to make disbursements within the limits of the budget approved by the Department Executive Committee and make disbursements on emergency items approved by the Department Commander .
c. Issue a financial statement consisting of a balance sheet and a statement of revenue and expenditures showing current balances and actual year-to-date budget figures as of the last day of the month prior to the date required herein for transmittal of same to voting members of the Department Executive Committee, to members of the Department Finance Committee at least fifteen (15) days prior to the date of the Department Executive Committee meeting.
d. Make an annual report to the Department Convention as of the close of the fiscal year.
e. Deliver for audit to the Chairman of the Department Finance Committee, or his representative, all financial documents and records; checkbooks, deposit slips, bank statements and his annual finance report at the Department Executive Committee meeting held immediately prior to the annual Department Convention.
f. Perform such other duties as are usually incident to the office and as may be assigned by the Department Commander or the Department Executive Committee.
Section 5. DEPARTMENT JUDGE ADVOCATE: The Department Judge Advocate shall advise Department officers and the Executive Committee on legal matters occurring within the Department. Additionally, the Department Judge Advocate shall:
a. Interpret the National and Department Constitutions and Bylaws, Policies and Procedures, Uniform Code of Procedure and any similar Department rules or regulations, and all other legal matters brought before him.
b. Preside at the appellate review of a member who appeals his expulsion or suspension to the Department Executive Committee.
c. Serve as parliamentarian at Convention and Department meetings.
d. As an advisor on legal matters, not rule or make decisions, giving only opinions and interpretations. Only the Department Commander can rule or make decisions, subject to the will of the Department Executive Committee and Convention.
e. Perform such other duties as are usually incident to the office and as may be assigned by the Department Commander or Department Executive Committee.
Section 6. DEPARTMENT HISTORIAN: The Department Historian shall keep a history of the principal events pertaining to the activities of the Department of Mexico. Additionally the Department Historian shall:
a. Perform such other duties as are usually incident to the office and as may be assigned by the Department Commander or the Department Executive Committee.
Section 7. DEPARTMENT CHAPLAIN: The Department Chaplain shall be charged with the spiritual welfare of the Department. Additionally, the Department Chaplain shall:
a. Open and close official Department meetings with non-sectarian prayers.
b. Perform such other duties as are usually incident to the office and as may be assigned by the Department Commander or the Department Executive Committee.
Section 8. DEPARTMENT SERGEANT-AT-ARMS: The Department Sergeant-At-Arms at all official Department meetings shall carry all messages between the Department Commander and any other Department Officers or members. Additionally, the Department Sergeant-At-Arms shall:
a. Maintain order and decorum in official meetings and as directed by the Department Commander.
b. Be responsible for care and presentation of the Department colors.
c. Escort guests as needed.
d. Perform such other duties as are usually incident to the office and as may be assigned by the Department Commander or the Dept. Executive Committee.
Section 9. DEPARTMENT SERVICE OFFICER: The Department Service Officer shall provide assistance to members and veterans, or their dependents or survivors, in obtaining rights or benefits granted them by law, or in cases of distress or death. Additionally, the Department Service Officer shall:
a. Maintain contact with the United States Embassy, Consulates or Consular Offices for their assistance in such matters falling within his responsibilities.
b. Process requests for U.S. flags for survivors of deceased members.
Perform such other duties as are usually incident to the office and as may be assigned by the Department Commander or Department Executive Committee.
ARTICLE III- DEPARTMENT COMMITTEES
Section 1. Standing Department Committees are:
a. Americanism
b. Children and Youth
c. Constitution and Bylaws
d. Finance
e. Foreign Relations
f. Legislative
g. Membership
h. Public Relations
Section 2. The Department Commander annually shall appoint, subject ot ratification by the Department Executive Committee, the following standing Committee Chairmen:
a. Americanism
b. Children and Youth
c. Foreign Relations
d. Legislative
e. Public Relations
Section 3. Composition and duties of the Department Standing Committees shall be:
a. The Constitution and Bylaws Committee Chairman shall be the Department Judge Advocate. The Committee shall recommend to the Department Commander, Executive Committee and Delegates to the Department Convention changes and corrections in the Department Constitution and Bylaws. The decision on which recommended changes and corrections to adopt rests with the elected Delegates to the Department Convention.
b. The Finance Committee shall be composed of five (5) members, no two (2) members to be appointed from the same Post. The member appointed each year by the incoming Commander shall be appointed for a full five (5) year term, or until removed by a vote of the Department Executive Committee. The member serving his final year shall serve as Chairman. The Department Finance Officer shall be an ex officio member without vote.
c. The Chairman of the Finance Committee shall recommend to the Department Executive Committee action to be taken on the proposed budget set by and as recommended by the Finance Committee.
d. The Chairman of the Finance Committee shall report to the Department Executive Committee that financial records have been transferred to the incoming Department Finance Officer for review. Within thirty (30) days the incoming Finance Officer shall report to the Chairman of the Finance Committee the results of his audit of the previous year’s accounting records, who may order them sent to the Custodian or to a Committee audit.
e. Duties of other Standing Committees shall be the same as those of the corresponding National Committee as far as they concern the Department of Mexico.
f. All Committees of the Department shall report to the Department Executive Committee and the Convention in writing.
Section 4. The Nominating Committee Chairman shall be the Department Commander and the Committee shall consist of all Post Commanders, or his representative. Post Commanders may submit by letter to the Department Commander, prior to the Winter Department Executive Committee meeting, their recommendations for the official Department slate. The Department Adjutant shall circulate to the members of the Executive Committee and Posts the slate of officers selected by the Nominating Committee. The selections in no way restricts nominations being made from the floor of the annual Department Convention by any registered delegate.
Section 5. There shall be a Credentials and Rules Committee at the Department Convention composed of the Department Judge Advocate as Chairman and all Past Department Commanders who are registered present. In the absence of at least three (3) members, the Department Commander may appoint other persons to make up a committee of three (3).
a. The Post Delegate Chairmen present to ratify such appointments.
Section 6. The Standing Committees of the Department shall serve as Department Convention Committees, if requested.
Section 7. Any Committees to serve during the Department Convention, not otherwise herein provided for, may be appointed by the Department Commander, subject to ratification by the Department Executive Committee.
Section 8. The Department Commander annually shall appoint, subject to ratification by the Department Executive Committee, any Special Committee he may deem necessary.
a. At the time of appointment of any Special Committee and prior to ratification, its duties must be specified in writing, presented to and approved by the Department Executive Committee annually.
b. All Special Committees shall report to the Department Executive Committee and the Convention in writing. Failure to submit reports will be cause for the Department Executive Committee to declare the committee disbanded and rescind the appointment of its members.
Section 9. All Committee Chairmen shall nominate their committee members and have them ratified by the Department Executive Committee.
ARTICLE IV – PAST DEPARTMENT COMMANDERS
Section 1. All Past Department Commanders in good standing in their respective Posts shall be members of the Department Executive Committee.
ARTICLE V - NATIONAL EXECUTIVE COMMITTEEMAN
Section 1. One (1) National Executive Committeeman and one (1) Alternate National Executive Committeeman shall be elected by the Delegates at the Department Convention in even years.
Section 2. The Alternate National Executive Committeeman to act only in the absence of the National Executive Committeeman.
ARTICLE VI - DEPARTMENT CONVENTION
Section 1. The Department Convention shall be the legislative body of the Department and shall be composed of the following:
a. The Department Commander and the Department Executive Committee, all without vote unless duly elected by their Post as a Delegate to the Convention, or, in the case of the Department Commander only, if necessary to break a tie vote.
b. The authorized number of duly-elected Delegates from the Posts within the Department. A Post may elect as many Alternate Delegates as it has authorized Delegates.
c. Past Department Commanders who attend, pay the registration fee, and are members in good standing of a recognized Post shall be voting Delegates at the Department Convention and may vote a qualified proxy from his own Post Delegates. However, their vote, and the vote of any qualified proxies they hold, shall not be counted unless they are present on the floor of the Convention at the time of the vote.
Section 2. At the Department Convention each Post having a minimum of ten (10) members shall be entitled to two (2) Delegates for the first fifteen (15) members and one (1) additional Delegate for each additional twenty five (25) members, or major fraction thereof, in excess of the first fifteen (15) members. The total Post membership for Delegate strength is determined to be those whose current annual dues payment was sent and has been received by the Department Adjutant before the Department Convention.
|
Paid Membership | Delegates Authorized |
| 1 - 9 | 0 |
| 10 - 27 | 2 |
| 28 - 52 | 3 |
| 53 - 77 | 4 |
| 78 -102 | 5 |
| 103 -127 | 6 |
| 128 -152 | 7 |
| 153 -177 | 8 |
| 178 -202 | 9 |
| 203 -227 | 10 |
| 228 -252 | 11 |
| 253 -277 | 12 |
| 278 -302 | 13 |
| 303 -327 | 14 |
Section 3. For the purpose of delegate strength, a member will be counted in the Post to which annual dues were paid.
Section 4. Each member elected by a Post as a Delegate or an Alternate Delegate shall:
a. Be a member in good standing of the Post represented.
b. Be provided with a certification from the Post Adjutant so stating.
c. Deliver the certification form, any Post proxies of absent qualified Delegates and registration fee receipts for said Delegates to the Department Adjutant. Without such action a Delegate cannot be admitted as a qualified voting member of the Convention.
Section 5. To be a qualified Convention Delegate, payment for the current dues of such shall have been received by the Department Adjutant prior to the Department Convention, and registration fees, as set by the Department Executive Committee for the Convention, shall have been paid upon registering. Such a qualified Delegate may cast votes of other such qualified Delegates of their Post provided they possess and present an authorized proxy for the qualified Delegate absent at the time of the vote. Proxies are free to all qualified registered Delegates. If a Post is unable, due to economics or distance, to send its authorized Delegates to a Department Convention, the Post may transmit a proxy, certification form and the convention registration fee to qualify such authorized non-attending delegates to the Department Adjutant for voting as instructed therein by the Credentials and Rules Committee. A qualified Delegate absent from the Convention floor not represented by an Alternate and who has not given a proxy to another qualified Post Delegate, shall be voted with the majority of the qualified Post Delegates. An authorized proxy vote shall be deemed an individual vote; no major group in any Post shall deprive a minority group or individual the right to cast an independent vote. An Alternate takes preference over a proxy.
Section 6. Any Convention registration fee set by the Department Executive Committee shall be paid by each person attending the Convention.
Section 7. A quorum for the Department Convention shall be constituted with representation from at least one-third (1/3) of the active Posts within the Department representing at least sixty (60) percent of the total authorized Delegate votes in the Department, present or represented by proxy. An Alternate Delegate shall take preference over a proxy. No vote shall come before the Convention unless and until a quorum is present, which shall be clearly documented in the Convention minutes.
Section 8. The Department Commander shall preside at the Department Convention; he may call upon the First or Second Vice Commanders to preside at any time. If the Department Commander is absent at the opening of the Convention, the First Vice Commander shall act in the Department Commander’s place. If the First Vice Commander is not available, the Second Vice Commander will preside. If none of these officers are present, the Department Adjutant shall preside while the Convention as a whole elects a presiding officer.
Section 9. Annual dues for Department purposes shall be fixed for succeeding years at each annual Department Convention. In the event of failure of the Department Convention to act, the then-current dues shall remain in effect.
Section 10. The annual Department Convention may reverse any decision made by the Department Commander and/or the Department Executive Committee with a simple majority of eligible votes.
Section 11. The Convention Delegates shall select the site and tentative date of the following year’s Convention.
Section 12. The election of Department officers followed by the election of the National Executive Committeeman and alternate when required, and the Delegates in the National Convention shall be the last items of business transacted at the Department Convention.
ARTICLE VII – ELECTION OF DEPARTMENT OFFICIALS
Section 1. The Department Convention shall elect in order a Commander, First Vice Commander, Second Vice Commander, Finance Officer, Judge Advocate, Historian, Chaplain, Sergeant-At-Arms and the Department members on the National Executive Committee. The Department Delegates to the National Convention shall be the last to be elected. Upon completion of the elections, the retiring Convention Chairman, or any officer designated by him, shall administer to each newly elected officer and Executive Committeeman the following oath of office.
“I, __________, do solemnly pledge that I shall faithfully and impartially perform the duties of the office in The American Legion, Department of Mexico, that I am about to assume. I further pledge that I am not a member of nor do I subscribe to the principles of any group opposed to our form of government.”
Thereupon, and not until having taken such oath, shall the newly elected officers and Executive Committeemen be deemed qualified to assume their duties. The newly elected Department Commander shall assume his duties immediately upon being installed; other newly elected officers and Post representatives on the Department Executive Committee shall assume their duties the moment the Department Convention is adjourned. The National Executive Committeeman and Alternate National Executive Committeeman shall assume their duties in accordance with the National Constitution.
Section 2. All Department officers, the Post representatives on the Department Executive Committee and all appointees, unless otherwise specified, shall serve a term of one (1) year. The term of office for the National Executive Committeeman and Alternate National Executive Committeeman shall be two (2) years. All other Department officers, the Executive Committeemen, and all appointees, unless otherwise specified, shall serve a term of one (1) year.
Section 3. If the annual Department Convention fails to meet or elect and install Department officers at the appointed time, those in office, elected or appointed, shall continue and exercise full authority until their successors are duly elected or appointed and installed.
Section 4. An elected officer of the Department of Mexico may be removed from office for disloyalty, neglect of duty, dishonesty, and conduct unbecoming a member of The American Legion, Department of Mexico, by a two-thirds (2/3) vote of the Department Executive Committee present and voting.
Section 5. In case of vacancy of office due to death, removal from office or resignation of the Department Commander, the Department Adjutant shall advise the Department First Vice Commander, who shall assume the office of the Department Commander for the remainder of the unexpired term of office. If for any reason the First Vice Commander cannot assume the office of the Department Commander, the Second Vice Commander shall assume it. Anyone who ascends to the office of Commander has not been elected to that office, therefore, he shall vacate any other office held and be eligible for election to the office of Commander at the next Convention. If neither Vice Commander is willing or able to ascend to the office, the Department Adjutant shall immediately call a meeting of the Department Executive Committee, which shall elect any member of the Department in good standing to serve the remainder of the unexpired term of office.
Section 6. In the event of a continuing disability of the Department Commander, the First Vice Commander shall be recognized as Acting Department Commander and the Department Adjutant will so inform all Posts within the Department.
Section 7. Vacancies in Department offices, other than Department Commander which shall be filled as provided for in Section 5, shall be filled by election by the Department Executive Committee. Any member of the Department shall be eligible. All Posts shall be notified by the Department Adjutant of each election.
Section 8. A person elected to fill a vacant position shall assume duties immediately after taking the oath of office.
Section 9. At the first session of the Department Executive Committee, the Department Commander shall appoint a Department Service Officer and such Assistant Service Officers necessary; a Department Adjutant and, if determined necessary, an Assistant Department Adjutant as Department Custodian. He shall also appoint the Chairmen of all standing and Special Committees, not otherwise provided for herein. All appointments made by the Department Commander shall be ratified by two-thirds (2/3) vote of the Department Executive Committee present. The appointees shall be installed by oath by the Department Commander or any person designated by him.
ARTICLE VIII - NATIONAL CONVENTION DELEGATES
Section 1. Delegates and Alternates to the National Convention shall be elected by Department Convention Delegates. The National Executive Committeeman is automatically a Delegate and the Department Commander and Department Adjutant are always elected as Delegates. Registration fees for Delegates and Alternates shall be paid by the Department. Travel expenses of the Delegates and Alternates to the National Convention shall be paid as determined by the Department Convention.
ARTICLE IX - MEMBERSHIP
Section 1. Membership shall only be through an active Post of the Department of Mexico.
Section 2. A member in good standing of The American Legion who moves from the vicinity of his Post shall be entitled to a certification of his membership and the duration thereof. He may become a member of any Post within the Department of Mexico without additional payment of dues for the period for which payment already has been made. The dues already paid shall remain with the Post from which transfer is being made. The right to transfer, however, does not carry the right to be accepted by a Post.
Section 3. Membership dues shall be fixed and collected by each individual Post.
Section 4. National dues as determined by the National Convention shall be forwarded by the Department of Mexico in accordance with the National Constitution.
Section 5. All applications for membership shall be acted upon at the next post meeting following the making of such application. The Post members shall vote to accept, reject, or refer for further investigation and consideration. If a majority vote against acceptance of said application, it shall be recorded and treated as rejected.
ARTICLE X - POSTS
Section 1. Posts shall be formed as prescribed by the National Bylaws. At least ten (10) prospective or transferring members shall be required to initiate action to form a Post in the Department of Mexico.
Section 2. No Post shall have the right to withhold or divert annual National or Department dues or monies.
Section 3. Department Executive Committee approval shall be required for any loan solicited by a Post in the name of The American Legion.
Section 4. All monies collected for National or Department Headquarters shall promptly be forwarded to the Department Adjutant. He will deposit them in a bank and account for them to the Department Finance Officer.
Section 5. Posts shall elect a Commander and other officers as specified by their Constitution. The election and installation by oath of Post officers and its Department Executive Committeeman and Alternate shall not be later than the first meeting following their election nor later than the regular Post meeting immediately preceding the Department Convention. Likewise Department Convention Delegates and Alternates shall be chosen not less than two (2) weeks before the Convention or in any manner specified by any Post Constitution.
Section 6. The Post Adjutant shall transmit to the Department Adjutant the names of Post officers elected and appointed for the ensuing year within thirty (30) days of their assuming office, and shall certify their eligibility to be members of The American Legion as prescribed by the eligibility requirements of the National Constitution.
Section 7. The revocation, cancellation or suspension of Post charters shall be in accordance with the Uniform Code of Procedure for such action as adopted by the National Executive Committee of The American Legion.
ARTICLE XI – DISCIPLINE OF A LEGIONNAIRE
Section 1. Each Post shall be the judge of its own membership, in accordance with applicable provisions of the National Constitution and Bylaws.
Section 2. The procedures for expulsion or suspension shall be those set forth in the Uniform Code of Procedure as approved and adopted by the Department Executive Committee. To ensure due process for all, no deviation from the prescribed procedures is authorized.
Section 3. Any member who has been expelled or suspended by a Post has the right of appeal to the Department Executive Committee. The decision of the DEC is final.
ARTICLE XII - SUBORDINATE UNITS
Section 1. The subordinate units of the Department of Mexico shall be local Posts, chartered by the National Executive Committee, and Sons of The American Legion.
ARTICLE XIII - SURETY BOND OF OFFICERS
Section 1. All Department and Post officers handling The American Legion monies shall furnish a bond properly executed by a surety company authorized to do business in an area of the Department of Mexico. The bond should be for an amount equal to the estimated annual revenue of the Department or Post. The premiums shall be paid by Department or Post. The original bond shall be kept in the custody of the Department or Post Commander, who shall not handle Department or Post funds.
Section 2. The Department Executive Committee, at its first meeting, shall have the power of dispensing with the Department surety bond requirement should it deem such action to be in the best interest of the Department and may extend the right to waiver this bond to the Posts as well.
ARTICLE XIV - RULES OF ORDER
Section 1. All proceedings of The American Legion, Department of Mexico, shall be conducted under and pursuant to Robert’;s Rules of Ortder, newly revised, except as herein otherwise provided.
Section 2. Abstaining from a vote does not affect a quorum, e.g., if a quorum is present, it is present; or the count of voting members present. A person who initially abstains from voting may later vote on the same issue if the initial vote does not decide the issue and another vote is called for.
ARTICLE XV - AMENDMENTS
Section 1. The Department Bylaws may be amended at any Department Convention by a vote of two-thirds (2/3) of the authorized, registered delegates, provided:
a. The proposed amendment to the Department Bylaws has been presented to the Department Judge Advocate and the Department Adjutant postmarked at least sixty (60) days prior to the Department Convention and distributed to all Posts within the Department by the Department Adjutant at least thirty (30) days prior to the Department Convention. A proposed amendment may be further amended without further notice by a two-thirds (2/3) Delegate vote provided it not increase the modification proposed by the amendment; and
b. All proposed amendments shall be read at the Department Convention at least one (1) hour prior to being voted upon; and
c. All proposed amendments presented from the floor without prior notice shall require an unanimous vote of approval.
Section 2. All approved amendments shall become effective upon adjournment of the Department Convention unless otherwise provided therein.
Section 3. All Posts within the Department shall change their Bylaws to conform as soon as practical.
Section 4. Any conflict between the Department Bylaws and the National Bylaws shall be resolved in favor of the National Bylaws
DEPARTMENT OF MEXICO POLICIES AND PROCEDURES
1. GENERAL
a. The Department of Mexico is one of such chartered by The American Legion and one of its few foreign Departments. The Department of Mexico is a member and supporter of the group of Foreign and Outlying Departments and Posts of The American Legion (FODPAL). As a foreign Department currently headquartered in Mexico, with Posts in Mexico and Central America, Legionnaires must remember they are guests of their host countries and are subject to their laws. As Legionnaires, nothing we do or say should offend, in any way, our host countries or their citizens. Department members represent The United States and The American Legion in Mexico and Central America and in the communities where Legionnaires and their families live and visit. Whatever said or done can reflect on the United States and The American Legion.
b. The Department of Mexico is subject to the National Constitution and Bylaws, its contents are mandatory. The Department of Mexico, insofar as possible, adheres to "The American Legion Officer's Guide." This Guide should be followed as closely as possible in all Department and Post ceremonies.
c. A Department Commander is urged to call upon Past Department Commanders and Officers as well as present Officers for points of views and advise before making any decisions that may adversely affect the Department.
2. HOST NATION LAWS
The Department of Mexico and its Posts shall not knowingly disobey the laws of its host
country applying to its operations and activities.
3. DEPARTMENT FINANCE POLICIES AND PROCEDURES
a. Two (2) signatures shall be required on each Department check, one (1) of which will be the Department Finance Officer and the other whomever the Department Commander may direct with the approval of the Department Executive Committee. The last signature on the check will only be made when the check has been completely filled in. Both persons signing a check shall be responsible for its use.
b. Department checking accounts shall be used for Department business only. Both deposits and checks shall be accompanied by proper documentation. Expenditure documentation shall be controlled with the number of the check that is issued in payment.
c. At the winter DEC meeting, the Finance Committee will meet and shall prepare a tentative budget for the coming year based upon the past year's expenses. The Budget Year is from May 1 to April 30. The Committee Chairman shall present this tentative budget to the Department Executive Committee for approval and explain any recommendations, additions, and changes being proposed. This proposed budget, as approved, may be amended by the Department Executive Committee at any Executive Committee meeting by a two-thirds (2/3) vote.
4. MEMBERSHIP TRANSMITTALS AND DUES
a. All Membership dues transmittals from Posts shall be sent in duplicate to the Department Adjutant, as soon as possible, and no later than fifteen (15) days following receipt of same. All dues checks shall be in U.S. dollars drawn upon a U.S. bank.
b. The Department Adjutant shall sign and return to the submitting Post one (1) of the copies to verify that the membership dues transmittal has been received by Department. The Department Adjutant will forward the Department membership dues transmittal with a copy to the Department Finance Officer who will send a Department check in the correct amount to cover the membership dues transmittal to National.
c. All membership dues shall be payable as of 20 October of the current year for the following year and shall be in arrears and classified as delinquent if not paid by 1 January. If membership dues for the current year are paid by 1 February, the delinquent member shall automatically be reinstated. If membership dues are in arrears after 1 February a delinquent member shall be suspended from all privileges. If membership dues are still unpaid after June 30th, membership in The American Legion shall be forfeited. A member so suspended or whose membership has been so forfeited may be reinstated to active membership in good standing by vote of the Post members and payment of current dues for the year in which the reinstatement occurs.
5. DEPARTMENT EXECUTIVE COMMITTEE OFFICERS
a. The Department Commander shall be the Chairman and the Department Adjutant shall serve as Secretary. Any temporary vacancies in these offices shall be filled in accordance with the Department Bylaws.
6. DEPARTMENT OFFICIALS, CHAIRMEN & EXECUTIVEMEN-AT-LARGE
a. It shall be the duty of Department officials to be knowledgeable of, abide by and uphold the Department Constitution and its Bylaws.
b. Department Committee Chairmen shall be named by the incoming Department Commander with the assistance of the outgoing Department Commander and any other members of the Department he wishes to call upon.
The Executive Committeemen-At-Large elected to represent a Post shall communicate
with said Post to ascertain their concerns to be presented at the next Committee meeting and voting instructions. Failure to perform is cause for removal.
7. DEPARTMENT DELEGATES TO THE NATIONAL CONVENTION
a. Elected Delegates to the National Convention shall meet following the close of the Department Convention to select a Chairman and a Secretary, usually, but not necessarily, the Department Commander and Department Adjutant, and to assign duties to members of the Delegation, such as Pre-Convention Committees: the Department Hospitality Suite, Parade Chairman, obtaining hats for the Parade, giveaways, contacting other organizations that can be helpful at the Convention and the like. Details can be provided by those Department members who have attended previous Conventions.
8. DEPARTMENT CALLS AND AGENDA FOR OFFICIAL MEETINGS
a. The Department Adjutant shall send, or cause to be sent, a Call and an Agenda to all Posts within the Department, postmarked not less than forty-five (45) days prior to a Department Executive Committee meeting and the Department Convention. Each Post shall provide a copy to its Past Department Commander(s), Department Executive Committee member and alternate. It is recommended that it be posted on the Post bulletin board. Revisions to the agenda may be made with a majority vote.
9. DEPEPARTMENT CODE OF PROTOCOL FOR OFFICIAL MEETINGS
a. The ceremonial services of The American Legion shall be conducted with the solemnity befitting the dignity of this organization.
b. No one shall be admitted during opening, initiation, or closing ceremonies of Department and Post meetings.
c. No one shall ever pass between the flags and the station of the Commander.
d. A member entering a meeting room after the meeting has begun shall salute the Colors before taking a seat.
e. No one shall leave the meeting room during a prayer, the obligation, or during a period of silence. At any other time a member desiring to be excused from the meeting room while the meeting is in progress shall salute the Colors and then leave.
f. The Colors, when in position, shall be positioned at either side and just in front of the Department or Post Commander's station. The host country flag shall be on the Department Commander's right, the U.S. flag to the left of the host country Colors, and The American Legion flag(s) to the left of the U.S. Colors. No flag shall be to the right of the host country flag (see example).
Commander's Station
Host Country Flag
U.S. Flag National Legion/Department Post Flags
g. The Sergeant-At-Arms is responsible for the proper displaying of flags.
h. The POW/MIA flag is placed on an empty chair to the side and ahead of the other flags.
10. DEPARTMENT DECORUM
a. No member of the Department Executive Committee, or other person except the Secretary and his Assistants, shall visit or remain in the immediate vicinity of the Secretary's table while yeas and nays are being called or counted.
b. No member shall speak more than twice upon the same subject without permission of the Chairman; nor more than once until every member choosing to speak shall have spoken.
c. No question shall be debated until it has been propounded by the Chair, and the mover shall have the right to explain his views before any other speaker.
d. When the Chair calls the question, any member who has not spoken on the matter may speak to the question prior to the vote.
e. In case the Chair does not, any member of the Department Executive Committee during any debate, even though already having spoken previously, may rise and speak to the orders of the Department Executive Committee, if they be transgressed, but if the Chair stands up at any time, he is the first to be heard.
f. Whenever a division of vote is to be determined on any question before the Department Executive Committee, the Presiding Officer may determine the division by:
1) Voice vote--with right of recourse to a teller or roll call vote, if requested, or necessary as determined by Chair.
2) Teller vote--voters identify how they are voting by raising their hands or standing at the direction of the chair, who counts or directs others to do so
3) Roll call vote--vote made and counted as name or other designation of voter is called in order by the chair or an assistant. May be called for by the Chair or such vote shall be taken upon request of three (3) voters.
4) On any Voice or Teller vote, any member of the Department Executive Committee shall, upon request, have his vote recorded.
11. DEPARTMENT EXECUTIVE COMMITTEE ORDER OF BUSINESS
a. The Department Executive Committee order of business shall be:
Call to Order
Posting of the Colors/Hand Salute
Invocation
Placement of the POW/MIA Empty Chair
Pledge of Allegiance/Preamble
Roll Call/Determination of Quorum
Introduction of Guests or New Members
Reading of the Minutes of Previous Meeting
Dispose of Letters or Communications
Receive Reports of Department Officers
Receive Reports of Department Committees
Receive Resolutions, Motions and/or Petitions
Receive Post Reports
Old Business
New Business
For the Good of the Legion
Benediction
Retiring the POW/MIA Empty Chair
Retiring of the Colors
Hand Salute/Adjournment |
b. Vacancies in office shall be filled according to the Bylaws immediately following the determination of a quorum, before the reading of the Minutes of the previous meeting.
12. DEPT. LETTERS AND COMMUNICATIONS
a. Letters and communications addressed to the Department Executive Committee or the Department Commander, Department Adjutant or any other Department Officer and by them referred to the Department Executive Committee shall be read by the Department Adjutant. Such letters or communications shall be disposed of in one of the following ways:
1) By a motion to accept. Such a motion shall have the effect of approving the subject matter and should include specific instructions for further disposition, i.e., by instructions to the Department Commander, the Department Adjutant or other appropriate Department officers; by referring it for action to appropriate Department Committees; or any other appropriate instructions for handling.
2) By a motion to receive and file. Such a motion shall denote neither approval nor disapproval of the subject matter and shall require no action by Department beyond an acknowledgement of receipt of the communication if such is required.
3) By a motion to reject or decline. Such a motion shall mean disapproval and should include specific instructions for disposition.
13. DEPARTMENT REPORTS FROM POSTS, COMMITTEES & OFFICERS
a. All reports from Posts, Department Officers, Committee Chairmen, the National Executive Committeeman and the like, shall be given in writing to the Department Adjutant before they are read at the Department Executive Committee meetings or at the Department Convention. The reports should be typewritten whenever possible.
14. DISPOSITION OF REPORTS
a. Reports of Department officers and Posts shall be acted upon directly, except that by direction, a report of any officer or Post may be referred to an appointed subcommittee for study and report thereon later during the same meeting. A report from a Department officer or Post shall not be altered, amended or rejected. No action shall be taken on a Financial Report submitted by the Department Finance Officer until the Finance Committee recommends the action to be taken.
b. Reports of Department officers and Posts shall be disposed by motions as follow:
1) By a motion to approve the report.
2) By a motion to disapprove the report. Such motion shall have the effect of disapproving any or all statements in the report, but such motion shall prevail only in the event that a memorandum setting forth the objection(s) to the report shall have been adopted.
3) To receive and file the report. a negative vote on motions 1) and 2) above shall automatically cause the report to be received and filed.
c. Reports of Department Committees and sub-Committees shall be received and shall then be subject to disposition on the following motions:
1) To approve the report.
2) To receive and file the report.
3) To recommit the report. Such action shall return the report to the Committee of origin for further study and report and may be accompanied by specific instructions.
4) To commit the report to a special sub-Committee. Such action shall contemplate specific study and such sub-Committee shall return the report with a recommendation.
5) To commit to the Committee of the Whole. Upon adoption of such a motion, the Department Executive Committee or Convention shall resolve itself into a Committee of the Whole and may thereafter alter or amend the report in whole or part. The results of such action, however, shall again be submittted to the Department Executive Committee or Convention for final disposition.
15. COMMITTEE OF THE WHOLE
a. When the Department Executive Committee shall resolve itself into the "Committee of the Whole," the Department Commander shall leave the Chair and appoint a Chairman to preside over the Committee of the Whole.
b. The Committee of the Whole shall consider and report on such subjects as may be committed to it by the Department Executive Committee. The rules of the Department Executive Committee shall be observed in the Committee of the Whole as far as they are applicable. The proceedings in the Committee of the Whole shall not be recorded in the minutes of the Department Executive Committee except so far as they are reported to the Department Executive Committee by the Chairman of the Committee of the Whole.
16. FORM OF DEPARTMENT RESOLUTIONS
a. Resolutions which shall be offered as the direct action of the Department Executive altered, amended or rejected. No action shall be taken on a Financial Report submitted by the Department Finance Officer until the Finance Committee recommends the action to be taken.
b. Reports of Department officers and Posts shall be disposed by motions as follow:
1) By a motion to approve the report.
2) By a motion to disapprove the report. Such motion shall have the effect of disapproving any or all statements in the report, but such motion shall prevail only in the event that a memorandum setting forth the objection(s) to the report shall have been adopted.
3) To receive and file the report. a negative vote on motions 1) and 2) above shall automatically cause the report to be received and filed.
c. Reports of Department Committees and sub-Committees shall be received and shall then be subject to disposition on the following motions:
1) To approve the report.
2) To receive and file the report.
3. To recommit the report. Such action shall return the report to the Committee of origin for further study and report and may be accompanied by specific instructions.
4) To commit the report to a special sub-Committee. Such action shall contemplate specific study and such sub-Committee shall return the report with a recommendation.
5) To commit to the Committee of the Whole. Upon adoption of such a motion, the Department Executive Committee or Convention shall resolve itself into a Committee of the Whole and may thereafter alter or amend the report in whole or part. The results of such action, however, shall again be submitted to the Department Executive Committee or Convention for final disposition.
15. COMMITTEE OF THE WHOLE
a. When the Department Executive Committee shall resolve itself into the "Committee of the Whole," the Department Commander shall leave the Chair and appoint a Chairman to preside over the Committee of the Whole.
b. The Committee of the Whole shall consider and report on such subjects as may be committed to it by the Department Executive Committee. The rules of the Department Executive Committee shall be observed in the Committee of the Whole as far as they are applicable. The proceedings in the Committee of the Whole shall not be recorded in the minutes of the Department Executive Committee except so far as they are reported to the Department Executive Committee by the Chairman of the Committee of the Whole.
16. FORM OF DEPARTMENT RESOLUTIONS
a. Resolutions which shall be offered as the direct action of the Department Executive Committee or Convention shall be prepared in appropriate form containing such informative preamble in the form of "Whereas" followed by statements of fact and shall conclude with a Resolve clause or clauses which shall specifically set forth what statement or declaration is to receive action of the Department Executive Committee or Convention. Such Resolving clause or clauses shall contain the following leading language:
"RESOLVED, By the Department Executive Committee (or Department Convention) of the Department of Mexico, of The American Legion, in regular (or special) meeting assembled in (City of meeting), on (date or dates). That....et cetera....and be it further
RESOLVED, That....et cetera."
b. Resolutions of Posts which shall have received favorable action by their respective Post Executive Committees and which have endorsement thereof in resolution form shall be acted upon by the Department Executive Committee or Convention in the form of a final Resolving clause as appears in a. above.
17. DEPARTMENT EXECUTIVE COMMITTEE MEMBERS PRIVILEGE
a. Any member of the Department Executive Committee shall be privileged to present a resolution in his own right in any of the following ways:
1) Under a proper order of business, in which case the subject matter shall be germaine.
2) Under new business.
3) Upon unanimous consent of the Department Executive Committee at any session of such committee at an appropriate interval in the order of business.
4) Under a suspension of the rules.
DEPARTMENT SUBCOMMITTEE ON RESOLUTIONS
A Subcommittee on Resolutions consisting of at least three (3) Past Department Commanders, named by the serving Department Commander, shall prepare recommendations for action on all Resolutions submitted to the Department Convention.
The Subcommittee shall have the cooperation of all Department Officers and the Department Executive Committee to obtain such information, facts and advice as it may deem necessary to carry out its responsibilities and duties.
The Subcommittee on Resolutions shall have authority to alter, re-draft or substitute for any resolution submitted to it, provided, however, that the Subcommittee on Resolutions shall report the original resolution and its reason for any change.
19. DEPARTMENT SUSPENSION OF RULES
a. No standing rule, policy or order of the Department Executive Committee shall be suspended except by a vote of two-thirds (2/3) of the members present.
20. PERMANENT FILES
An Assistant Adjutant shall be Custodian in charge of the permanent files. Any member in good standing may review, but not remove, the permanent files with prior approval of the Department Commander or the Department Executive Committee. If requested, copies shall be provided at cost.
21. DEPARTMENT OFFICER NOMINATIONS
The Nominating Committee should always take into consideration the experience of the candidates that they are nominating.
The following are suggested requirements for the nomination of the Department Commander and the Department Vice Commanders:
Five years as a member of a Post in the Department of Mexico.
Two years experience as a Post Officer (either elected or appointed) or a member of the Post Executive Committee.
Two years experience as a Department Officer (either elected or appointed) or a member of the Department Executive Committee.
In all instances, the Nominating Committee should try to bring active members “up through the ranks” after they have gained experience at the Post level.
It is also recommended that all candidates for nomination to the office of Department Commander and Department Vice Commander shall have completed the American Legion extension Course.
It is further recommended that all Department officers who have not completed this course, should do so during their term of office.
FORM OF AMENDMENT PRESENTATION:
The following standardized method of presentation shall be used for all proposed amendments to delete by striking out or to add by inserting.
Identify which is to be amended, the Constitution, Bylaws, Uniform Code of Procedures or the Policies and Procedures, include the appropriate Article, Section and/or subsection, then present the amendment as follows:
Use the prefix, EXISTING: followed by the entire existing text of the section shall be written/typed, the words to strike out shall be within enclosing parentheses ( ). If thee are no strike outs, write/type only the words, EXISTING, no strike outs.
Use the prefix, PROPOSED: followed by the entire proposed text of the section as amended shall be written/typed, the words written/typed, the words inserted shall be within enclosing parentheses ( ). If there are no insertions, write type only the words, PROPOSED, no insertions.
REASON(S): The reason(s) for the amendment shall then be stated.
Proposed amendments to the Constitution and Bylaws presented to the Constitution and Bylaws Committee shall be distributed to all Post in accordance with the Constitution, Article VII and the Bylaws, Article XV; Sections 1, subsections a.
Proposed amendments to the Uniform Code of Procedures and the Policies and Procedures shall be presented to the Department Executive Committee in accordance with Bylaws, Article XI, Section 2 and Bylaws, Article I, Section 1, subsection I.
DEPARTMENT COMMITTEE ON AMENDMENTS
The Committee on Amendments shall be the members of the Constitution and Bylaws Committee. In accordance with Bylaws, Article III, Section 2, subsection a, the committee shall review all proposals presented in accordance with the Articles on Amendments, submitted whenever, however and from whomever and report its recommendations to the Delegates at the Department Convention of action to be taken on each proposal, prior to a vote.
The Committee shall have the cooperation of all officials of the Department Executive Committee to obtain such information, facts and advice as it my deem necessary to carry out its responsibilities and duties.
The Committee shall recommend to approve; to further amend, as redrafted by the Committee or by the Delegates; to commit to the Committee for further study or reject the proposal, with the reasons(s) for its recommendation. The original amendment and its reason(s) shall be reported.
___________________________________________________________________
DEPARTMENT OF MEXICO UNIFORM CODE OF PROCEDURE
I. REVOCATION, CANCELLATION OR SUSPENSION OF POST CHARTERS
a. The American Legion, Department of Mexico, shall follow the Uniform Code of Procedure for the Revocation, Cancellation or Suspension of Post Charters adopted by the National Executive Committee and as currently amended, all of which is part hereof by reference as if copied herein.
II. SUSPENSION OR EXPULSION OF A MEMBER OF THE AMERICAN LEGION, DEPARTMENT OF MEXICO
a. Pursuant to the provisions of Section 2 and 3, Article VI of the National Bylaws and to ensure due process, no member of the Department of Mexico shall be suspended or expelled from membership in The American Legion unless and until all the provisions and legal protections included in the subsequent sections and subsections have been scrupulously followed.
Section 1. Process
a. The accuser(s) shall be members of the same Post as the accused, except that any Legionnaire may cause charges to be filed through the Department Commander to the Post Commander of the accused for an incident involving the accuser(s) and occurring at any Department of Mexico or The American Legion activity outside of, or within the jurisdiction of the Post of the accused.
b. The first procedure in all actions pertaining to suspension or expulsion from membership in The American Legionof a member of the Department of Mexico in good standing shall be the filing of written charges in triplicate alleging disloyalty, neglect of duty, dishonesty, or conduct unbecoming a member of The American Legion. Such allegation or allegations, properly verified by sworn affidavit of the accuser or accusers, shall be filed with the Adjutant of the Post of the accused.
Section 2. WRIT--WHEN WRITTEN CHARGES ARE FILED
a. The Post Adjutant upon having received properly executed charges against a Post member, shall issue a writ, signed by him, directed to the Post Sergeant-At-Arms (or some other member of the Post in good standing) commanding him to summon the accused to appear at the Post meeting place at the next regular meeting--providing fifteen (15) days have intervened--to deny or admit the allegation(s) in the charges. A copy of the Uniform Code of Procedures shall be provided the accused to advise him of his rights.
Section 3. CHARGES
a. The accuser or accusers shall set forth a charge or charges of disloyality, neglect of duty, dishonesty or conduct unbecoming a member of The American Legion in terms of simplicity and comprehensibility in order that the accused shall have an opportunity to properly prepare a defense. No other charge or charges than those listed by The American Legion in its Constitution and Bylaws, as listed in the sentence immediately above, shall be authorized.
Section 4. SERVICE/RETURN
a. It shall be the duty of the Sergeant-At-Arms, or the member appointed in his place, to serve the writ so issued, delivering to the accused a copy of the charges filed. The server shall annotate upon a copy of said writ delivered the time and manner of serving it and immediately thereafter file the same with the Post Adjutant.
Section 5. UNDELIVERED WRIT
a. Whenever it shall appear by return of an undelivered writ by the Post Sergeant-At-Arms or his substitute that the accused has not been located fifteen (15) days, or more, previous to the regular Post meeting after filing of charges, the Post Adjutant, at the request of the accuser, shall issue another writ and so on until service has been made.
Section 6. FAILURE TO MAKE RETURN
a. If the Post Sergeant-At-Arms or his substitute to whom a summons is delivered shall neglect or refuse to make return of same within the time limit specified in Section 4., above, the Post Adjutant shall issue another summons directed to some other member in good standing of the Post for service upon the accused as required herein.
Section 7. SERVICE BY PUBLICATION
a. Whenever the accuser shall file with the Adjutant of the Post in which the charges are pending, an affidavit showing that the accused has left the country, or with due inquiry cannot be located, or is concealed within the country so that a writ cannot be served, and stating the place of residence of such accused, if known, or that upon diligent inquiry the place of residence of the accused cannot be ascertained, the Adjutant shall cause publication to be made in the city where the Post is located and if there be no newspapers published in said city, then in the city where the Post is located, or in the nearest city where a newspaper is published, containing notice of the pendency of such charges before said Post, the name of the accused and that of the accuser(s), and the time and place of the hearing of such charges. Within ten (10) days of the first publication of such notice the Post Adjutant shall send a copy thereof by mail addressed to the address as stated in the affidavit from the accuser(s) or to the last known address of the accused; said notice shall be published at least once each week for three (3) successive weeks. All cost for said publications is the responsibility of the accuser(s).
Section 8. ACCUSED TO ENTER HIS APPEARANCE
a. Before the accused defends in his own person, or through his counsel, he shall enter his appearance by filing with the Post Adjutant a written response to the charge or charges alleged on or before the date of the regular Post meeting to which he has been summoned to appear.
Section 9. FAILURE TO ANSWER
a. If the accused fails to enter his appearance to the Charge or Charges in the manner and form required as set forth in Section 8., above, the charge or charges which, certified to by the Post Adjutant, shall be forwarded to the accused and the accuser(s), and to the Department Adjutant for necessary action to remove the confessed accused from membership in The American Legion.
Section 10. DATE OF TRIAL
a. If the accused enters his appearance by filing a response to the charge or charges preferred, the process necessary for suspension or expulsion shall automatically be continued until a trial date is set by Post Executive Committee. All concerned shall be notified of the place, time, and date of the trial by the Post Adjutant.
Section 11. CONTINANCE
Either the accusers(s) or the accused may apply for a continuance (postponement) before the date set for the trial, however, it shall be accompanied by a written motion,. supported by affidavit, of the party so applying. Good and substantial cause shall exist before said motion is granted. The presiding Judge Advocate shall rule on said motion.
Section 12. TRIAL-POST JUDGE ADVOCATE TO PRESIDE
a. The Post shall conduct the trial and the Post Judge Advocate shall preside at the trial. He shall have the power and authority to rule upon the materiality and relevance of all the evidence presented. He shall swear I witnesses prior to their giving testimony, and shall have general power to prescribe the necessary rules and regulations for orderly procedure to said trial. The Oath shall be: Do you solemnly swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Section 13. POST JUDGE ADVOCATE VACANCY
In case of death, removal, resignation or disability of the Post Judge Advocate, it shall
be the duty of the Post Commander, when duly notified by the Post Adjutant, to appoint a special Judge Advocate to fill the vacancy. Such special Judge Advocate shall have authority, rights and power of a duly elected Judge Advocate.
Section 14. POST OFFICERS AND EXECUTIVE COMMITTEE AS JURORS
a. The Post Officers and members of the Post Executive Committee shall act as the jury panel to ascertain with the guidance of the Post Judge Advocate, the truth of the charges preferred. Their province is strictly limited to questions of fact, and within that province they are further restricted to the exclusive consideration of the matter that has been proven by evidence produced during the trial. The Jury decision shall be reduced to writing and filed with the Post Adjutant, who, in turn, shall enter same in the Post records. The jury shall consist of not less than six (6) members.
Section 15. CAUSES FOR CHALLENGE
If any member on the jury panel shall state that he cannot fairly and impartially
reach a verdict based solely upon the evidence produced during the trial, and the presiding Judge Advocate shall be satisfied of the truth of such statement, said member or members shall not be selected to serve as a juror for the trial.
Section 16. PEREMPTORY CHALLENGE
a. lEach party shall be entitled to the challenge of two (2) prospective Jurors without showing cause for such challenge.
Section 17. WHEN A POST HAS NO EXECUTIVE COMMITTEE
a. When a Post has no Executive Committee the presiding Judge Advocate shall direct the Post Sergeant-At-Arms to summon six (6) members of the Post to sit as Jurors. If any of the first group so summoned fail to qualify as jorors, the presiding Judge Advocate shall instruct the Post Sergeant-At-Arms to continue to summon Post members until six (6) are obtained.
Section 18. DUTY OF POST SERGEANT-AT-ARMS
If any member of the jury panel is challenged peremptorily or for cause, or if any Post
Officer, or member of the Executive Committee shall be absent from said trial the presiding Judge Advocate shall direct the Post Sergeant-At-Arms to summon a sufficient number of members of the Post to quality and serve as jurors in their place.
Section 19. INSUFFICIENT POST MEMBERS TO FILL JURY PANEL
When the membership of a Post, through cause or otherwise, is insufficient in number to
make a full panel for the jury service, the trial shall be continued (postponed) until the next trial date as set by the presiding Judge Advocate. The Post Adjutant within five (5) days thereafter shall transmit such information to the Post Commander, who shall cause the Post Sergeant-At-Arms to summon a sufficient number of members of The American Legion, Department of Mexico, calling upon other Posts for assistance as may be necessary.
Section 20. POST SERGEANT-AT-ARMS NOT PRESENT OR CHALLENGED
a. If the Post Sergeant-At-Arms is not present at said trial or upon objection of either party to his summoning a sufficient number of Post members to fill any existing jury panel or jury vacancies, the presiding Judge Advocate shall appoint a special Sergeant-At-Arms to summon the necessary members.
Section 21. AMENDMENTS
a. At any time before a final decision, in the course of the trial, appropriate amendments and motions may be submitted and may be allowed by the presiding Judge Advocate consistent with good order and due process.
Section 22. DELIBERATIONS AND ORDERS
a. At the conclusion of the trial, the trial Jurors shall retire, deliberate and vote on the charge or charges against the accused. A two-thirds (2/3) vote of the members sitting and voting in the affirmative shall be required to suspénd or expel the accused as a member of The American Legion in good standing. The vote shall be announced by the presiding Judge Advocate and the action of the jury shall be in writing, certified to by the Judge Advocate, who shall advise the accused of his right to appeal a conviction to The Department Executive Committee. A copy of the jury's written decision shall be delivered to the accused and the accuser(s) and a copy shall be forwarded to the Department Adjutant by the Post Adjutant.
b. The Department Adjutant shall notify all Posts in the Department of Mexico and National Headquarters in writing of all members expelled by all Posts in the Department, but not until the result of any appeal is known.
III. APPEALS
a. If the accused is not suspended or expelled from membership in The American Legion, such action shall be final and no appeal can be taken therefrom.
Section 1. RIGHT OF APPEAL
a. Any member who has been suspended or expelled has the right of appeal to his Department Executive Committee, in accordance with the National Constitution and Bylaws.
b. A member who has been suspended or expelled has thirty (30) days after the end of the trial to convey in writing to the Department Adjutant the intent to appeal to the Department Executive Committee. The communication shall include a copy of the jury decision certified by the Judge Advocate presiding at the trial.
Section 2. APPEAL PROCEDURE
a. The Department Adjutant upon receipt of a proper notification of an intent to appeal shall in turn inform the Commander of the involved Post, who shall cause to be compiled a written record of facts leading to the trial, evidence presented at the trial and any other available material or information which would help reviewers understand what transpired. It shall be the duty of the Judge Advocate who presided at the trial to examine the compiled record and to certify as to its correctness before sending it to the Department Adjutant, who in turn shall consult with the Department Commander and Department Judge Advocate on how best to present the same to the Department Executive Committee.
b. If an appeal is directed to the Department Executive Committee, the Department Commander shall decide whether to include the appeal on the agenda of the next scheduled meeting of the Department Executive Committee or call a special meeting of such.
Section 3. DELIBERATIONS BY DEPARTMENT EXECUTIVE COMMITTEE
a. The Department Executive Committee may call upon the Department Judge Advocate for advice or any assistance he may be able to provide. The Department Executive Committee may call upon the Department Judge Advocate for advice or any assistance he may be able to provide.
b. Deliberations by the Department Executive Committee may at its discretion be limited to the record provided by the involved Post or it may grant oral argument by either party, or representative of either party, or they may establish any rules or procedures which in their judgment will best enable them to reach a fair and impartial decision.
Section 4. DECISION
a. The decision of the Department Executive Committee shall be final with no right of further appeal, and in writing. Both parties shall be provided copies of the decision.
Section 5. EFFECT OF DECISION
a. If either the suspension or expulsion is reversed, the member automatically becomes a member in good standing of the Post and reinstatement upon the Post membership roll is mandatory. Any Post failing to comply is subject to having its charter suspended or revoked.
______________________________________________________________________
The American Legion Department of Mexico
National Convention Policy/Procedure & Dues Payments
National Convention Items normally in the Budget:
National Convention: Budgeted amounts are approximations as no way to determine ahead exact airfare and hotel as budget determined at the Winter Department Executive Committee well before the election and appointment of Commander and Adjutant with no way to research ahead the costs from their point of origin to the National Convention.
Regardless of what is budgeted, these costs should be paid in full unless limit is set.
COMMANDER/ADJUTANT AIRFARE: Each to receive one round-trip airfare coach (economy) ticket from the closest, most convenient airport to their residence going to the city where the convention is located.
1. When not traveling directly to and/or from the Convention site they will be allowed the cost of what the ticket would have been had they done so.
2. If driving, rather than mileage, they will be allowed the cost of the round-trip airfare (economy) coach ticket.
COMMANDER/ADJUTANT TAXI/LIMOUSINE: This is to help cover taxi fare to and from the airport, coming and going, round trip—not to exceed a total of $25 USD each.
1. If the cost is greater, which it is likely to be, it is not the responsibility of the Department to pay a larger amount.
2. National always puts the foreign Departments in the Headquarters hotel so convenient to the Convention Center, breakfast and committee meetings. No other ground transportation costs are paid by Department.
COMMANDER/ADJUTANT HOTEL AT CONVENTION: Assuming they will room together this is half the total cost of the room each; includes room rate plus all applicable taxes.
1. If they do not share a room they still receive half the cost of the room plus all applicable taxes each.
2. Cost of the room does not include servibar, room service, parking, hospitality tips to housekeeping, laundry service, or other additional optional expenses.
3. If staying in a place other than the hotel assigned by National, rate to be paid is half the basic cost of the room with tax (each), not to exceed what it would have been at the assigned hotel. Hotel room is paid for a maximum of six nights. Longer stays, before or after the Convention, are personal expense.
COMMANDER/ADJUTANT PER DIEM: This is presently based on $30 USD per day each for a maximum of six days. Per Diem requires no receipts or accounting. If expenses exceed or are under this amount it is not recorded. No additional money is available from Department for food/entertainment, etc.
DELEGATE REGISTRATION: This is the amount charged by National for our allowed Delegates and Alternates. Currently this is $15 USD each for Delegates and Alternates. Registration folders and badges are picked up by the Adjutant (or Delegation Secretary), passed out to those present. National requires payment for all Legion Delegates and any Alternates attending (based on membership) and the National Executive Committeeman, whether present or not. No one is allowed in the Convention Hall, Emblem Sales or Exhibit area without a registration badge—Delegate, Alternate or Guest. Department does not pay for Guest badges.
PARADE CAR RENTAL: One-day rental rate for one car to be used in the Sunday parade (to include cost of insurance, mileage, gas, etc. as applicable). A convertible is first choice. If anyone in the Department wishes to have the car additional time, this cost will be theirs personally. Department is only liable for expenses during the maximum 24-hour period they have possession of the car for the purpose of using it in the parade. Space in the car during the parade is allotted first to those unable to walk the parade route.
CONVENTION HOSPITALITY: This is the expense incurred if there is a combined Foreign & Outlying Departments & Posts of the American Legion (FODPAL) Party. If there is no FODPAL party to contribute to, the Commander/Delegates may choose to open a room or other site, not involving any expense to the Department, to select guests for small gatherings. This usually entails some liquor and snacks (plus napkins, glasses, etc.).
1. If the Commander/Delegate uses his room, or other location, Department of Mexico Delegates and those attending from our Department, should be aware and invited to these gatherings. Gatherings using Department funds should be planned ahead as to times and locations, with all present notified and invited.
2. Hospitality funds may not be used in a public bar or restaurant, treating those available, no matter their title or office. This would be considered a personal expense. No spontaneous hospitality at Department expense.
ASSOCIATION EXPENSES/DUES: Should be in the budget; can be paid during the National Convention. If not, must be paid during the Fall meetings at National Headquarters that are required for Commander, Adjutant, and National Executive Committeeman to attend.
These associations include, but are not necessarily limited to, Western Caucus, Southern Bloc, and FODPAL as well as assessments for floral wreaths, etc., sometimes levied to all members of these groups, for use during such services as Memorial Day and Veterans Day ceremonies.
DEPARTMENT RESOLUTIONS
Resolution regarding Tampico Post One--2001
WHEREAS The American Legion Tampico Post was represented at the Legion’s first National Convention, and
WHEREAS The Tampico Post was a charter member of the Department of Mexico when it was created in 1920, and
WHEREAS Tampico Post 1 has been closed as an active Post in this Department, therefore be it
RESOLVED by the 82nd Annual Convention of The American Legion Department of Mexico, meeting in Mazatlan, Sinaloa on June 8 & 9, 2001, that Post MX01 be maintained on the roll of The American Legion Department of Mexico, and be it further
RESOLVED that Post MX01 shall be designated as the Department’s Headquarters Post—without representation in the DEC, and be it finally
RESOLVED that the Headquarters Post shall receive the memberships of veterans recruited to form any new Post until the Post is issued a Temporary Charter from the National Executive Committee.
________________________________________________________
Resolution regarding sending our past minutes to the National Library--2002
WHEREAS, the National Historian has requested that Departments provide the Library of The American Legion with copies of minutes from the various Department Conventions and meetings of the respective DECs, be it
RESOLVED, By the Department Convention of the Department of Mexico of The American Legion, in regular meeting assembled in Chapala, Jalisco, Mexico on June 7 and 8, 2002, That the Department Adjutant will prepare for delivery to the National Librarian a copy of the minutes of each DEC meeting and of the annual Convention, and be it
FURTHER RESOLVED, That the Adjutant shall deliver these documents to the National Librarian on the occasion of the annual Commanders and Adjutants meeting held in Indianapolis in conjunction with the Fall Meetings of The American Legion.
FROM FEBRUARY 10, 2001 DEC MINUTES
Sally Bennett asked to make a report of the Emergency Fund For Posts In Distress which has herself, John Hayes and Paul Badgley as administrators for the $1,111.76 USD donated to the Department by Tampico Post One:
COMMITTEE FOR TAMPICO MONEY: At the October DEC meeting, a committee was formed of three people, John Hayes, Sally Bennett, Paul Badgley and ratified. I met with John Hayes on February 6th and both committee members agreed on each point.
BACK GROUND: In the year 1976-1978, $5,000 was taken from a savings account for the Annuity. Financially, a sound move, however leaving about $3,000 in the savings account, as John Hayes referred to as Department Emergency Fund.
The committee felt Posts would and should take care of their members needing financial help for illness and other items. The Department might in the future because of financial crises, banks or otherwise need the money with the possibility of other donations to be solvent.
RECOMMENDATION TO THE D.E.C.: The committee recommends to the DEC that the money be put in the savings account for a Department future financial crises and the name Dr. Grossman - Tampico – Trust selected by committee member Sally Bennett be put in place. Discussion. Trust becomes a Memorial Fund. Ray Robbins felt rules are needed for authorization of use, who can draw funds, and what circumstances allow them to be used. Sally said the wording in this document was very seriously and carefully thought out and should not be changed. Art Jennings moved the money in the emergency fund be disbursed with the unanimous approval of all three committee members plus the Department Commander and Department Finance Officer and be part of the present savings fund. Seconded by Sam Pelzman. Discussion. Approved,
_________________________________________________
|