WELCOME TO THE AMERICAN LEGION

America's Largest Veterans Service Organization

myLegion.org Icon
Social IconsSocial IconsSocial IconsSocial IconsSocial Icons

CONSTITUTION AND BYLAWS RETURNED THIS RESOLUTION BACK TO THE POST FOR FURTHER STUDY

Resolution Number:  2018-001

Title: Revise the Constitution and By-Laws of the Department of Tennessee

Origin:  Johnson County Post 0061

Submitted By: Department Constitution and By-Laws Committee: Robert W. Hensley, Chairman; James Patterson and Nancy Harper, members

 

            WHEREAS, THE AMERICAN LEGION, Department of Tennessee Constitution and By-Laws was last revised June 26, 2004 and

 

            WHEREAS, The Department Executive Committee, by unanimous vote, in called meeting at Mid-Winter Conference on February 3, 2018, directed the Constitution and By-Laws Committee to submit a proposed revision of said Constitution and By-Laws; and

 

            WHEREAS Department Commander, Bobby Ferrell, reported to the Mid-Winter Conference attendees, during the Saturday business session on February 3, 2018 that the Department Executive Committee directed the Constitution and By-Laws Committee to submit a proposed revision to said Constitution and By-Laws; and therefore, be it

 

            Resolved, that the Constitution and By-Laws Committee did review the Constitution and By-Laws of THE AMERICAN LEGION, Department of Tennessee, Revised June 26, 2004, and found many discrepancies that needed to be removed and/or amended, such as Constitution ARTICLE X-A, Finance, The Walter D. Griffin Memorial Trust, Section 1 through Section 14; and therefore, be it

 

            Resolved, being a Department Executive Committee Resolution, there is no requirement the proposed Resolution be submitted by an American Legion Post, but by the Department Executive Committee appointed committee directly to the Department Executive Committee; regardless, American Legion Post 0061, Mountain City, Tennessee, did on December  7, 2018, review subject proposed revision to the Department’s Constitution and By-Laws by the Department Constitution and By-Laws Committee adopt and submit a copy of the proposed revision submitted as follows:

 

 

 

PREAMBLE

For God and Country, we associate ourselves together for the following purposes:

 To uphold and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate a one-hundred-percent Americanism; to preserve the memories and incidents of our association in the Great Wars; to inculcate a sense of individual obligation to the community, state and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to posterity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.

 

 

 

 

CONSTITUTION

ARTICLE I

NAME

 

Section 1.  The name of this organization shall be THE AMERICAN LEGION, Department of Tennessee.

 

Section 2.  Department Headquarters of THE AMERICAN LEGION, Department of Tennessee is located at 318 Donelson Pike, Nashville, Tennessee 37214.

 

ARTICLE II

NATURE

 

Section 1.  THE AMERICAN LEGION, Department of Tennessee, is a civilian organization; membership therein does not affect nor increase liability for military or police service. Rank does not exist in the Legion; no member shall be addressed by a military or naval title in any convention or meeting of the Legion.

 

Section 2.  THE AMERICAN LEGION, Department of Tennessee, shall be absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.

 

ARTICLE III

ORGANIZATION

 

Section 1.     THE AMERICAN LEGION, Department of Tennessee, shall be organized into three (3) Divisions; East, Middle and West. Each Division will be further divided into Districts and Posts, as hereinafter provided.

 

ARTICLE IV

ELIGIBILITY

 

Section 1.  Any person shall be eligible for membership in THE AMERICAN LEGION who was a member of the Army, Marine Corps, Navy, Air Force or Coast Guard of the United States and assigned to federal active duty at some time in accordance with the eligibility dates consistent with the National Constitution and By-Laws of THE AMERICAN LEGION; or who, being a citizen of the United States at the time of his entry therein, served on active duty in the armed forces of any of the governments associated with the United States during either of said eligibility periods; provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably during or after either of said periods; provided further, that no person shall be entitled to membership who, being in such service during either of said periods, refused on conscientious, political or other grounds to be subjected himself to military discipline or unqualified service.

 

Section 2.  There shall be no form or class of membership except an active membership, and dues shall be paid annually or for life.

 

Section 3.  No person may be a member at any one time of more than one Post.

 

Section 4.  No person, who has been expelled by a Post, shall be admitted to membership in another Post without the consent of the expelling Post. The person expelled may appeal to the Department Executive Committee for permission to apply for membership in another Post and shall be ineligible for membership until such permission is granted.

 

ARTICLE V

DEPARTMENT CONVENTION

 

SECTION 1. (a)  The legislative body of this organization shall be a Department Convention, to be held annually at a place to be fixed by vote of the preceding convention. In the event that the preceding convention does not fix a place, a majority vote of the Department Executive Committee, hereinafter provided for, shall decide upon the meeting place and set the dates for said convention. The Department Executive Committee shall fix the time for said convention.

 

 (b)  The Department Commander will serve as Department Convention Chairman and the Department Adjutant will serve as Department Convention Secretary.

 

Section 2.  The election of the Department Commander and the Division Commanders shall be held annually at the Department Convention.  At the Department Convention, each chartered Post of THE AMERICAN LEGION in the state shall be entitled to five (5) delegates and five (5) alternates; provided the Post has in good standing the fifteen (15) members required for Charter. One (1) additional delegate and alternate are authorized for each additional fifteen (15) members or major fraction thereof. Post membership will be calculated by adding the current paid Post members to those Post 2000 transfers completed during the current renewal year. No delegate shall be seated unless current annual dues have been received by the Department Adjutant prior to Post delegate selection. Delegates shall be chosen at Post meetings not less than one (1) week before the Department Convention.

 

Section 3.     Each registered delegate shall be entitled to one (1) vote. The vote of any registered delegate absent and not represented by an alternate shall be cast by the majority of the registered delegates from the affected Post. There shall be no unit rule. Alternates for registered delegates shall have all the privileges of registered delegates.

 

Section 4.  A quorum shall exist at a Department Convention when there is a minimum of one (1) delegate or alternate from each of the Posts that are present and qualified to vote, regardless of whether the Posts represented have all of the delegates or alternates to which they are entitled present or only a fractional part thereof. Once the Convention is called to order and roll-call is performed, it shall be determined whether a quorum exists. Should a quorum not exist, the Convention will recess, and the Chairman and Secretary of the Convention will make every effort to contract Posts that can, without delay, travel to and become a qualified delegate to the Convention, and in turn, provide sufficient delegates to constitute a quorum. If, after a reasonable time, this effort fails to produce a quorum, the Department Commander will adjourn the Convention.

 

Section 5.  The rules of procedure at the annual Department Convention shall be those set forth in this Constitution and By-Laws.

 

SECTION 6.  All resolutions to be considered at a Department Executive  Committee meeting or a Department Convention, except resolutions to amend the Department Constitution and By-Laws, shall be submitted to the Department Adjutant at least twenty (20) days in advance of the meeting or convention at which they are to be considered, and by the Department Adjutant to the Chairman of the Resolutions Committee at least fifteen (15) days in advance of the meeting or convention at which they are to be considered, unless these time limits are waived by a majority vote of the Resolutions Committee. The Constitution and By-Laws Committee or the Resolutions Committee may initiate a resolution to the Department Executive Committee at the Mid-Winter Conference or the Department Convention as a Committee Resolution. The Department Executive Committee may also initiate a resolution as a committee resolution at the Mid-Winter Conference or to the Department Convention.

 

Section 7.  All resolutions, except those by the Department Executive Committee, the Constitution and By-Laws Committee and the Resolutions Committee, presented to the Resolutions Committee, must have the approval of the respective Posts submitting the resolution. Such resolutions must be signed by both the Commander and the Adjutant of the submitting Post. In the absence of the Commander or Adjutant, a Post Vice-Commander may sign in their stead.

 

Section 8. (a) All resolutions, with the exception of resolutions to amend/revise the Constitution and By-Laws, must be submitted to the Convention through and by the Resolutions Committee.

 

 (b)  Resolutions to amend/revise the Constitution and By-Laws will be submitted in accordance with Article XIV, Section 4 and 5.

 

ARTICLE VI

NATIONAL EXECUTIVE COMMITTEEMAN

 

The National Executive Committeeman (NEC) and an Alternate National Executive Committeeman (ANEC) shall be elected biennially by the Department Convention at the convention preceding the expiration of the terms of the presently elected incumbents. In case of the death, resignation or removal of the National Executive Committeeman, the Alternate Committeeman shall serve as the acting NEC for the unexpired term, or until the next succeeding Department Convention. In case of the death, resignation or removal of both the Committeeman and the Alternate Committeeman, the Department Commander shall appoint a successor to the office of Acting National Committeeman, who shall serve until the next meeting of the Department Convention and/or until a successor is elected. The position of Alternate Committeeman shall remain vacant until the next Department Convention.

 

ARTICLE VII

DEPARTMENT OFFICERS

 

Section 1.  At the Department Convention there shall be nominated and elected a Department Commander, who cannot serve until properly installed at the same Department Convention. The Department Commander will be limited to one (1) term in office unless otherwise provided. At the Division caucuses conducted during the annual Department Convention, there shall be a Department Vice-Commander for each of the three (3) Divisions nominated and elected, who cannot serve until properly installed at the same Department Convention. The Department Commander shall be nominated and elected by the convention as a whole, but each Department Vice-Commander shall be nominated and elected by a caucus of the delegates from each respective Division.

 

Section 2.  The Department Vice-Commanders and the District Commanders shall be eligible for election if they are a member in good standing in an American Legion Post within their respective Division or District.

 

Section 3. District Commanders shall be nominated and elected at their respective District Convention held in their respective Division(s) at least thirty (30) days prior to the Annual Convention, but cannot serve until properly installed at the next immediate Department Convention. All elections conducted for Department Commander, National Executive Committeeman, Alternate National Executive Committeeman, Department Vice-Commanders, and District Commanders will be held on a delegate basis, with voting strength based on current paid membership plus those Post 2000 transfers completed during the current membership cycle as of the day of the nomination and election.

 

Section 4. The Department Commander and Department Vice-Commanders should have a resolution recommending nomination submitted by their respective Post to the Department Adjutant not later than one-hundred-twenty (120) days prior to the next immediate Department Convention. Resolutions recommending nomination must be signed by the candidate’s Post Commander and Post Adjutant. If the Post Commander or Post Adjutant is the nominee or in the absence of one (1) of these Officers, a Post Vice-Commander will sign in lieu of said officer.  In case of extenuating circumstances;  i.e, candidate fails to meet eligibility requirements, candidate later declines nomination, etc, nominations shall be accepted from the floor, provided nominee(s) meet eligibility requirements. Candidates for District Commander should submit a nominating resolution signed by their Post Commander and Post Adjutant. If the candidate is the Post Commander or Post Adjutant, a Post Vice-Commander will sign in lieu of the candidate. The Nominating Resolution should be submitted to the Department Adjutant not later than one-hundred-twenty (120) days prior to the next immediate District Convention. If no resolution is submitted, the Department Adjutant shall take nominations from the floor. Nominations shall be taken from the floor with or without a nominating resolution.

 

Section 5. The Department Commander will assign a Past Department Commander or a Past Department Vice-Commander to conduct the nominations and elections in each of the three (3) Divisions: East, Middle and West. The Department Adjutant will conduct all elections at the subordinate District Conventions.

 

Section 6. (a) The term of office for all department officers shall begin at the adjournment of The Department Convention at which they were installed and shall end upon the adjournment of the next succeeding Department Convention or until their successors are duly appointed or elected and installed. Upon the death, resignation or removal of the Department Commander, a special-called meeting of the Department Executive Committee will be convened to appoint an Acting Successor Commander until the scheduled Department Executive Committee meeting at the Mid-Winter Conference or until the Department Convention, whichever comes first, and appoints or elects a successor Department Commander. All vacancies for other Department officers, not otherwise provided for, shall be appointed by the Department Commander.

 

 (b)     An Acting Department Commander who serves less than sixty (60) days at anytime prior to the Department Convention, he shall be eligible to be a candidate for a full term as Department Commander at any future Department Convention.

 

Section 7.  Each District Commander will appoint a District Adjutant, a District Membership Chairman and other District Officers as deemed necessary; and said appointed District Officers shall be officially recognized the Department as District Officers while they are performing their duties within the confines of their respective Districts.

 

Section 8. (a)  All Past Department Commanders and all Past Department Adjutants, while in good standing in their respective Posts, shall be members for life of the Department Executive Committee, without vote; and shall be life delegates to all Department Conventions, with vote, to be exercised with the approval of their respective Posts.

 

(b)      All Past Department Commanders with voice and no vote on the Department Executive Committee and in good standing with their respective Post, and not serving on the Department Finance Committee, Constitution and By-Laws Committee or Resolutions Committee, and who are present for roll-call and are present for the entire called Department Executive Committee meeting will be allowed expense round-trip mileage from their respective Posts within the Department of Tennessee, based on the rate authorized by the Department Executive Committee.

 

Section 9. (a)  A Department Adjutant and Finance Officer shall be elected by two-thirds (2/3) of the voting members of the Department Executive Committee. Such Adjutant and Finance Officer shall serve a probationary period of two (2) years, after which such Department Adjutant and Finance Officer shall serve without tenure. The Department Adjutant and Finance Officer shall serve subject to removal only when two-thirds (2/3) of the voting members of the Department Executive Committee determines it to be for cause and in the best interest of THE AMERICAN LEGION. Vacancies occasioned by death or resignation or such removal as designated above shall be filled in the same manner as original election was made.

 

(b)  The Department Executive Committee and the elected Department Adjutant and Finance Officer may, by contract, delineate the duties, responsibilities and compensation of such Department Adjutant and Finance Officer, provided that no term of such contract shall be in conflict with, or in derogation of, the duties and responsibilities of the Department Adjutant and Finance Officer and same are set forth in the Constitution and By-Laws of THE AMERCIAN LEGION, Department of Tennessee.

 

(c)  All persons having the custody of funds shall have adequate bonds which shall be approved by the Department Executive Committee.

 

Section10. An Assistant Department Adjutant/Programs Director, hereinafter referred to as Assistant Adjutant, if elected by the Department Executive Committee, shall operate under the supervision of The Department Adjutant.

 

Section 11.   The Department Commander shall, following election and installation, appoint a Department Chaplain, a Department Judge Advocate, a Department Historian, a Department Service Officer, a Department Membership Chairman, a Department Sergeant-at-Arms, and other such officers and Committee Chairmen, required to perform the mission of THE AMERICAN LEGION, Department of Tennessee. Committee Chairmen will appoint the members of their respective Committee, except as otherwise provided for in this Constitution and By-Laws.

 

Section 12. (a) The Department Commander shall, following election, appoint members to the Department Finance Committee, consisting of five (5) members: two (2) from the East Division, two (2) from the Middle and one (1) from the West, for a three (3) year term as terms expire. The Department Commander will choose one (1) of the members to serve as the Chairman during his administration.

 

(b)  It shall be the duty of the Department Finance Committee to consider all matters pertaining to finance and appropriations and all such appropriation requests and make a careful study of any and all matters pertaining to the finances of the Department of Tennessee; to advise with the Department Adjutant and Finance Officer with reference to Department funds; and to check all receipts and expenditures and submit recommendations to the Department Executive Committee for final action.

 

(c) There shall be a Personnel Committee to review and hear grievances of the full-time employees of the Department of Tennessee. Before any employee shall be terminated, said employee shall have the right of appeal to the Personnel Committee and then to the Department Executive Committee. The Personnel Committee shall be composed of the Department Commander, Immediate Past Department Commander and the Department Judge Advocate. The Department Judge Advocate shall be Chairman and a permanent member of the Committee. The decision of the Department Executive Committee shall be final.

 

(d)  The Department Commander shall appoint members to the Constitution and By-Laws Committee, consisting of three (3) members: one (1) from the East Division, one (1) from the Middle and one (1) from the West. The Department Commander will choose one (1) of the members to serve as the Chairman. The committee’s term of office will coincide with the remainder of the Department Commander’s term, or as otherwise provided for.

 

(e)  The Department Commander shall appoint members to the Resolutions Committee, consisting of three (3) members: one (1) from the East Division, one (1) from the Middle and one (1) from the West. The Department Commander will name one (1) of the members of his choice to serve as the Chairman. Their term of office will coincide with the remainder of the Department Commander’s term, who appointed them, or as otherwise noted.

 

(f)  American Legion Boys State shall have a Trust consisting of three (3) Legionnaire Trustees, one (1) of which will be elected by the Department Executive Committee, to manage the affairs of THE AMERICAN LEGION, Department of Tennessee, Boys State, between meetings of the Department Executive Committee and the week Boys State convenes. The Department Adjutant will be a permanent member of the Trustees. The member elected by the Department Executive Committee will serve as Vice-Chairman of the Boys State Trustees and as Vice-Chairman of Boys State. The third member of the Trustees will be appointed by the Department Commander and will serve as the Boys State Chairman and as Trustee Chairman. The Chairman’s term of office will coincide with the Department Commander’s term. The elected Trustee’s term of office will be for three (3) years. The Department Executive Committee will be the Board of Directors for American Legion Boys State in the Department of Tennessee. The Boys State Chairman will appoint a Boys State Director and Boys State Counselors. The Boys State Director should be a paid current member of THE AMERICAN LEGION, Department of Tennessee or a paid current member of the Sons of THE AMERICAN LEGION, Department of Tennessee (SAL).

 

(g)  The Department Commander shall appoint a Public Relations and Media and Communications Committee Chairman. The Chairman will appoint one (1) member from each of the two (2) Divisions, not of the Chairman’s Division. The Committee will be responsible for providing awareness of THE AMERICAN LEGION advocacy of the four (4) pillars: National Security, Americanism, Children and Youth, and Veterans to the veteran and civil communities. Announce through local media outlets all American Legion, Department of Tennessee awards: Oratorical, Boys State, JROTC, Eagle Scout, EMT of the year, Firefighter of the year, Law Enforcement Officer of the year, etc.

 

ARTICLE VIII

DEPARTMENT EXECUTIVE COMMITTEE

Section 1.  Between Department Conventions, the administrative power shall be vested in the voting members of the Department Executive Committee, which shall be composed of nineteen (19) members, which include the Department Commander, the three (3) Department Vice-Commanders, the National Executive Committeeman, the Alternate National Executive Committeeman, the three (3) immediate Past Department Commanders, and the ten (10) District Commanders. Upon receiving a formal call-in from the Department Headquarters, the expense of the voting members of the Department Executive Committee, Department Judge Advocate, Department Sergeant-at-Arms, the five (5) members of the Department Finance Committee, the three (3) members of the Department Resolutions Committee and the three (3) members of the Constitution and By-Laws Committee, shall be based on the mileage rate, or the best airline rate, or the least expensive of the two (2), from the individual’s Tennessee American Legion Post, as authorized by the Department Executive Committee and will be allowed reimbursement for one (1) day, as authorized by the Department Headquarters Call, in actual attendance. Individuals must be present for roll-call and remain for the entire length of their respective Called meeting and must stay at the hotel/motel designated by the Department Executive Committee in order to be eligible for claiming expenses and a copy of hotel/motel bill must be submitted in order to claim the authorized daily lodging expense.

 

Section 2.  Ten (10) members shall constitute a quorum of the voting members of the Department Executive Committee, except as otherwise provided for in this Constitution and By-Laws.

 

Section 3. The Department Judge Advocate shall be present in an advisory capacity at all meetings of the Department Executive Committee and at Conference and Convention business sessions on the same basis as members of the Department Executive Committee.

 

Section 4.  The newly elected Department Commander shall Call the newly appointed Department Membership Chairman, the newly elected Department Vice-Commanders and District Commanders to their first meeting and orientation session immediately following the adjournment of the Department Convention or the next day following the adjournment. Therefore, the newly elected Department Commander, the three (3) Department Vice-Commanders, the ten (10) District Commanders, and the newly appointed Department Membership Chairman, who were elected/appointed and installed during the most recent Department Convention for the ensuing year and who are present for the entire first meeting and orientation session will be allowed one-way mileage expense from the meeting and orientation session location to the member’s respective Tennessee American Legion Post of record. The lodging expense of one (1) night at the Department Executive Committee designated hotel/motel, if a night was stayed and a hotel/motel receipt is submitted, will be allowed.

 

ARTICLE IX

POST ORGANIZATION

 

Section 1. Those who desire to form a Post shall make application for a temporary charter to the Department Commander or the Department Adjutant. When such application, properly executed, is approved by the Department Commander or by the Department Executive Committee, the temporary charter will be issued by the National Commander and the National Adjutant.

 

Section 2.  The minimum membership of a post shall be fifteen (15) members.

 

Section 3.  A temporary charter shall be granted and shall state that it is granted on the recommendation of the Department Executive Committee and on the following terms and conditions:

 

(a)  All acts heretofore duly and properly taken for the formation of the above-named post are recognized and confirmed by the National Executive Committee.

 

(b)  The above-named Post shall uphold the declared principles of THE AMERICAN LEGION and shall conform to and abide by the regulations and decisions of the Department Executive Committee and of the National Executive Committee, or other duly constituted national governing body of THE AMERICAN LEGION.

 

(c)  This charter is subject to revocation by the National Executive Committee on the recommendation of the Department Executive Committee.

 

Section 4. After a temporary charter has been in effect for a probationary period of at least ninety (90) days, application for a permanent charter may be made. Such probationary period shall not exceed one (1) year upon the termination of which the Department Executive Committee shall determine whether a permanent charter shall be issued or denied, and the action of the Department Executive Committee shall be final.

 

Section 5. All charters shall be countersigned by the Department Commander and the Department Adjutant.

 

Section 6. Permanent charters may be suspended, cancelled or revoked by the Department Executive Committee as provided hereafter in Article XI and as in the National By-Laws.

 

Section 7. No Post shall be organized or chartered by THE AMERICAN LEGION, Department of Tennessee, which is named for any living person, political party, any business or industrial corporation, profession, firm, partnership, fraternal or religious society or business association, and whose membership shall be derived from, confined or restricted to, membership of such parties, societies, partnerships, professions, political parties, or employees of such business or industrial corporations.

 

Section 8. The officers of the local Post shall be:

 

(a)  Post Commander

 

(b)  One or more Post Vice-Commanders

 

(c)  One or more Post Adjutants

 

(d) Post Finance Officer

 

(e) Post Service Officer

 

(f) Post Membership Chairman, if not assigned to the Post First Vice-Commander

 

(g) Such other officers as the Post shall deem necessary that are contained in the Officers Guide and Manual of Ceremonies, under Post Officers

 

(h) A Post Executive Committee composed of such odd number of members as is provided in the Constitution and By-Laws adopted by such Post, and in addition thereto, the Post Commander, Post Vice-Commander(s) and the Post Adjutant(s) who shall be ex-officio members of said Committee.

 

Section 9. The Post Rules of Procedure shall supplement the Constitution and By-Laws in any area of procedure not covered by the Post Constitution and By-Laws.

 

Section 10. All officers of the Post for the ensuing year shall be elected and certified to the Department Adjutant not later than five (5) days prior to the first day of the announced dates of the next Department Convention. Certification to be made on forms furnished or prescribed by the Department. No delegate of any Post shall be seated until such election and certification.

 

Section 11. (a) All Post Homes shall be properly identified with appropriate signs; preferably with THE AMERICAN LEGION emblem.

 

(b) Except that as provided in Article XI, Section 3(b), no Post Home or other real property owned by a Post shall be encumbered or sold, except by majority vote of current paid members at a regular or special meeting of the Post, upon ten (10) days written notice of such proposed action, to the entire membership of said Post. The Department Adjutant must be notified as soon as possible, but not later than ten (10) business days after Post decision on subject action. Notification will be in writing with copy of receipt(s) proving disposition of Post assets and/or funds. Letter must be signed by current paid Post Commander, or in his absence, the current paid Post Adjutant. In the absence of both the Post Commander and the Post Adjutant, the letter must include a signature list of all current paid Post members, noting their votes- Yes or No.

 

ARTICLE X

FINANCE

 

Section 1. The revenue of THE AMERICAN LEGION, Department of Tennessee, shall be derived from annual membership dues and such other sources as may be approved by the National and Department Executive Committees. Such revenue will be reported in the Department Mid-Winter profit and loss statement and the five (5) year Financial Plan prepared at the Department Convention.

 

Section 2. The amount of such annual dues shall be determined by each National Convention and Department Executive Committee for the ensuing year.

 

Section 3. The annual dues shall be collected by each Post and the Department and National portions will be forwarded to the Department Adjutant and Finance Officer at least once each week and prior to each National deadline. The Department shall retain the Department dues and transmit to the National Treasurer the National dues. At no time, except by joining or renewing online, will dues remitted to the Department exceed fifteen (15) days.

 

            Section 4.  Annual membership dues shall be paid by October 20 of each year prior to the start of the next calendar year. Legion membership is annual. The Legion year being from January 1 to December 31. Post, Department and National dues shall be paid for the full year, irrespective of the month in which the member shall join the local Post. Membership dues collected at a local Post include Department and National dues.  Membership is not considered current until paid and transmitted to all three (3) levels. If membership dues have not been paid by January 1 of each calendar year, the member becomes delinquent. If dues have not been paid by February 1, the member is suspended, becoming a member with no privilege to vote or hold office, except by reinstatement by vote of the Post and payment of dues. Dues not being paid, such membership continues without privileges for a period of five (5) months, to June 30, at which time the member is dropped from the roll by Constitutional mandate and the membership forfeited. Continuous years membership will be lost unless forfeited year’s dues are paid with succeeding year(s) dues.

 

ARTICLE XI

DISCIPLINE

 

Section 1. The Department Executive Committee may, after fifteen (15) day’s notice and a hearing, if requested, suspend, cancel or revoke a Post Charter. The action taken by the Department Executive Committee shall be final and conclusive unless an appeal is taken to the National Executive Committee within thirty (30) days from the date of said suspension, cancellation or revocation. The action taken by the National Executive Committee, upon appeal shall be final.

 

Section 2. Any Post failing to meet the obligations imposed upon it by the Constitution and By-Laws, or ceasing to function for six (6) months as an American Legion Post, or voluntarily ceasing to function as a Post, or merging with one (1) or more other Posts, or refusing to pay the Department and National per capita dues, or under such other conditions as might make such action necessary, shall upon order of the Department Executive Committee, surrender its charter for cancellation. Upon failure to surrender such charter, immediate steps may be taken for its revocation, suspension or cancellation.

 

Section 3. (a) Upon revocation, cancellation or suspension of the charter of a Post in the Department of Tennessee of THE AMERICAN LEGION, said Post shall immediately cease operations and surrender its charter to the Department Commander or Department Executive Committee.  The Department Executive Committee is authorized, empowered and directed by and through its duly authorized agents to take possession, custody and control of all the records, property and assets of said Post; provided, however, that nothing herein shall be construed as requiring the Department of Tennessee to assume any financial responsibility as to such property. Said Department Executive Committee may provide for the transfer of the members in said Post to other Posts of their choice, subject to the approval of such other Post, and shall take all necessary and proper steps and proceedings to close the affairs of such Post.

 

(b) The Department Executive Committee is authorized and empowered to take control of such assets as may exist to be held, however, for the benefit of the Department or the Posts in the area as their rights may appear.

 

(c) Should any Post, as a result of internal problems, fail to have a minimum compliment of officers, either by resignation, neglect or refusal to serve, for carrying on the Post business, the Department Commander or Department Adjutant shall be authorized to appoint temporarily the necessary officers for the purpose of conducting the affairs of the Post until such time as officers may be duly elected. The Department Commander or the Department Adjutant will investigate any/all received written/signed complaint(s) of Post impropriety. The Staff Judge Advocate will advise the Department Commander on any/all legal issues.

 

Section 4.  Each Post of THE AMERICAN LEGION, Department of Tennessee, shall be the judge of its own membership, subject to the restrictions of National and Department Constitutions and By-Laws.

 

Section 5.  The Department Adjutant and the Department Executive Committee, as  custodians of lists of Commanders and Adjutants, are prohibited from furnishing such lists to anyone for political or commercial purposes. This provision also applies to local Posts in the handling of their Post records.

 

ARTICLE XII

CHANGE OF RESIDENCE

Section 1.  Any members in good standing desiring to transfer their membership shall be entitled to a certificate from the current Post stating the status of their membership and the duration thereof.

 

ARTICLE XIII

AUXILIARIES

Section 1. THE AMERICAN LEGION, Department of Tennessee, recognizes an auxiliary organization known as The American Legion Auxiliary, organized and governed in accordance with the regulations of the National Constitution, and other organizations recognized by the national organization of THE AMERICAN LEGION. The members of a section 501(c) (19) auxiliary that is related to a Post are a separately formed organization and recognized as tax exempt and, therefore, the auxiliary members are not considered members of a Post.

 

Section 2. Membership in The American Legion Auxiliary will be as presented in the National Constitution, ARTICLE XIII, Section 2.

 

ARTICLE XIV

AMENDMENTS

Section 1. This Constitution may be amended or revised at the Department Convention by a two-thirds (2/3) vote of the duly qualified delegates, provided that any proposed amendment or revision shall be read at the Mid-Winter Conference preceding the annual Convention, and said proposal is approved by the Department Executive Committee at said Conference, and the Department Commander will announce at the General Session that a resolution to amend or revise the Department Constitution and By-Laws has been approved by the Department Executive Committee and published in “The Tennessee Legionnaire” prior to being voted upon at the next annual Convention.

 

Section 2.  The Department Executive Committee is empowered and authorized to amend or revise this Constitution by a two-thirds (2/3) vote of its members, to conform to any changes made at any time in the National Constitution of THE AMERICAN LEGION when said amendments or revisions cannot, in the opinion of a majority of the Department Executive Committee, be deferred to the next annual Convention of the Department of Tennessee. The action of said Committee shall be placed before the next annual Department Convention for ratification according to the provisions of Section 1 of this Article.

 

Section 3. In the event of any conflict between the provisions of the National Constitution and By-Laws and the Department Constitution and By-Laws, the National Constitution and By-Laws shall prevail.

 

Section 4.  All proposed amendments and/or revisions shall be submitted through the Department Adjutant to the members of the Department Constitution and By-Laws Committee and then to the Department Executive Committee. Proposed amendments and/or revisions shall be in the hands of the Department Adjutant forty (40) days prior to the Mid-Winter Conference. The Department Adjutant shall forward the proposed amendments and/or revisions to the Department Constitution and By-Laws Committee at least thirty (30) days in advance of the Mid-Winter Conference. After review, the Department Constitution and By-Laws Committee will report the proposed amendments and/or revisions, with a recommendation, to the Department Executive Committee at the Mid-Winter Conference. It may be amended by a unanimous vote at any Department Convention without prior notice.

 

Section 5. No proposed amendment and/or revision shall be submitted through the Department Adjutant to the members of the Department Constitution and By-Laws Committee and then to the Department Executive Committee and then considered by the Department Convention, unless the proposed amendment and/or revision shall have first received the formal endorsement of a Post. Initiation by the Resolutions Committee, Department Executive Committee, or Department Constitution and By-Laws Committee will  not require Post endorsement.  Proposed amendments, and/or revisions, received from a Post, must receive the formal endorsement of the Department Executive Committee prior to being presented to the Department Convention for consideration.

 

Section 6.  The Department Adjutant for the Department of Tennessee is hereby authorized to make any and all changes, at any time necessary, to The American Legion, Department of Tennessee, Constitution and By-Laws that are grammatical and/or clerical in nature and do not affect policy as written.

 

 

 

 

BY-LAWS

ARTICLE I

DEPARTMENT EXECUTIVE COMMITTEE

 

Section 1. It shall be the duty of the Department Executive Committee to pass upon all matters relative to the administration of this organization; to review, pass upon, accept or reject all audits of reports of the business and accounts of the Department Adjutant and Finance Officer as to the proper and safe investment of the Department funds; and the Department Executive Committee may at any time call upon the Department Adjutant and Finance Officer for a report of accounts and of all business transacted in the execution of the office. The Department Executive Committee shall have the power to remove for cause any officer from office, but said officer shall not be removed unless two-thirds (2/3) of the members of said Committee shall vote in favor of such removal.

 

Section 2. (a)  The Department Executive Committee shall meet in a called business session at the annual Mid-Winter Conference and at any time upon call of the Department Commander or of any seven (7) voting members of the Department Executive Committee.

 

(b)  Minutes will be kept and retained by the Department Adjutant for all Called meetings of the Department Executive Committee, Department Finance Committee, business session of the Mid-Winter Conference and the business session of the Department Convention. Minutes will be written, typed or electronically recorded for future reference. All minutes are permanent and are subject to be reviewed by the Department Executive Committee.  The Department Commander may indicate minutes to be kept at any other Department meeting(s).

 

Section 3.  Any matter relating to the business of this organization not specified in these By-Laws shall be referred to the Department Executive Committee for the determination and adjustment thereof. If an immediate decision is needed, it will be rendered by the Department Commander or the Department Adjutant and reported to and ratified by the Department Executive Committee.

 

Section 4.  The Department Executive Committee shall elect the Department Adjutant and Finance Officer by two-thirds (2/3) vote of the Committee at the annual Department Convention at which the Department Executive Committee, whose duty it shall be to elect a Department Adjutant and Finance Officer, shall have been elected; and it shall be the duty of the Department Executive Committee to hold such election immediately following its own election and qualification. After the initial election of the Department Adjutant and Finance Officer, said officer will serve a probationary period of two (2) years; after which said officer shall serve without tenure.

 

Section 5. The Department Executive Committee shall have the power to enter into contract with the Department Adjutant and Finance Officer for a salary or compensation for the services of the officer, also computer and other office expenses for the faithful performance of required duties, within the limitations of the Constitution and By-Laws of the Department of Tennessee as the said Committee, may regard as expedient and proper. It is expressly understood that the Department Executive Committee retains the power to remove the Department Adjutant and Finance Officer for cause at any time before the expiration of the contract period.

 

Section 6. All questions affecting the election, eligibility for office and conduct of Department Officers shall be referred to and determined by the Department Executive Committee. All questions affecting the election, eligibility for office and conduct of Post Officers shall be referred to and determined by the Executive Committee of the Post involved, which shall be the final authority thereon; except in the suspension or expulsion of a Post member’s Legion membership, which shall be in accordance with the National By-Laws, Article IV, Sections 1 through 4 and this Constitution, ARTICLE XI, Section 4. The Department Judge Advocate will advise the Department Executive Committee if questions arise. 

 

ARTICLE II

DEPARTMENT OFFICERS

 

SECTION 1. DEPARTMENT COMMANDER: The Department Commander shall be the executive head of THE AMERICAN LEGION, Department of Tennessee, with full power to enforce the provisions of the Department Convention as the Chairman of the Department Convention and the Department Executive Committee. When the Department Executive Committee is not in session and it becomes necessary for policy decisions to be made for the immediate welfare and continuance of good order of the Department, which normally fall within the purview of that body, the Department Commander shall have the power incident to the office as the elected Chief Executive of the Department to make such decisions and promulgate such orders necessary to carry on the purposes of the Department, insure necessary discipline, compliance with National and Department Constitutional regulations and fill vacancies of Officers and Committee Chairmen within the Department, subject to the review and approval of the Department Executive Committee at the next regular or special meeting of such body. The Committee Chairmen shall appoint members of their respective committees, except as specified in this Constitution, ARTICLE VII, Sections 12 (a), 12 (d) and 12(e). The Department Commander shall perform such other duties as are usually incident to the office.

 

Section 2. (a) DEPARTMENT VICE-COMMANDERS: The three (3) Department Vice-Commanders shall act as representatives of the Department Commander on all matters so referred to them, and shall, on the request of the Department Commander, preside over meetings at the Mid-Winter Conference, or the Department Convention or the Department Executive Committee, and shall perform such other duties as are usually incident to said office, including, but not limited to, providing supervision and assistance to the District Commanders within their respective Division. In the event the Department Commander is unable to serve temporarily, the Department Vice-Commander in the Division from which the Commander was elected shall temporarily assume for such time, the duties of the Department Commander until the Department Commander returns or until the Department Executive Committee meets or until the Department Convention, whichever comes first and elects or appoints a successor Department Commander.

 

(b)  If the Department Commander is unable to resume the duties of office for any reason, within sixty (60) days of the first day of absence, a special Called meeting of the Department Executive Committee will be convened to appoint a successor Department Commander until the next Mid-Winter Conference or the next Department Convention, whichever comes first.  An Acting Department Commander who serves less than sixty (60) days prior to the next Department Convention shall be eligible to be a candidate for Department Commander for a full term at any future Department Convention.

 

(c)  DEPARTMENT DISTRICT COMMANDERS: The Department District Commanders shall act as representatives of the Department Commander and the Department Vice-Commanders on all matters referred to them by such officers, and shall perform such other duties as are usually incident to such office; including, but not limited to assisting their respective Post Commanders.

 

Section 3.  DEPARTMENT ADJUTANT AND FINANCE OFFICER:

(a)  The Department Adjutant and Finance Officer shall be responsible to the Department Commander, the Department Executive Committee and the Department Convention for the proper administration of their respective policies and mandates.  The DAFO shall supervise the Headquarters staff, including the Assistant Department Adjutant, secretarial and clerical personnel; be responsible for the care and maintenance of the Department & Headquarters building and the provided Legion staff vehicles;  will be responsible for the preparing of programs, agendas and allied materials for conventions, conferences, orientation sessions, seminars, etc. The DAFO shall seek and acquire bids for future Mid-Winter Conference and Department Convention sites and present such bids to the Department Executive Committee for approval.  The Department Adjutant will prepare and disseminate information and reports required by the National Organization and will act as liaison officer between the Department staff and National Headquarters staff. The Department Adjutant shall keep a record of all current officers for the Post, Department and National Organization with correct addresses, phone numbers and email addresses and keep the same information on all Department and National Committee appointeesThe DAFO will serve as a liaison between THE AMERICAN LEGION, Department of Tennessee and other organizations, corporations, representatives of governmental bodies, general public and the media. The Department Adjutant shall be responsible for the editing, printing and distribution of “The Tennessee Legionnaire.” The Department Adjutant shall keep a record of the membership of each Post in the Department and will be responsible for the collection of the annual per capita dues for the Department and National Organization.  All Department Officers and committee chairmen seeking information and services of the Department Headquarters staff, except Department Commander, will make their request(s) to the Department Adjutant.

 

(b)  The DAFO shall keep the Department Finance Committee Chairman advised as to the status of Department investments and will invest or re-invest specified amounts of Department funds in such types of securities and/or financial institutions as agreed upon with the Department Commander and the Department Finance Committee Chairman.

 

(c) The DAFO shall render to each member of the Department Finance Committee an annual record of receipts and disbursements of the preceding year and shall keep all such records in readiness at all times for inspection and auditing of all accounts. The DAFO shall sign all checks, disbursing funds of the Department and shall make periodic reports of such expenditures and the financial condition of the Department to the Department Finance Committee. The DAFO shall furnish a surety bond in the amount prescribed by the Department Executive Committee. The surety bond will be paid from Department funds.

 

(d)  The Department Adjutant shall receive such compensation or salary for services rendered and other expenses as the Department Executive Committee may deem appropriate.

 

(e) The Department Adjutant shall publish a quarterly financial statement in “The Tennessee Legionnaire” listing revenues and expenditures and shall perform such other duties as are usually incident to the office.

 

Section 4. (a)  ASSISTANT DEPARTMENT ADJUTANT: The Assistant Adjutant shall be under the direct supervision of the Department Adjutant and assisting the Adjutant in any manner the Adjutant may deem necessary.

 

(b)  In the absence of the Department Adjutant, the Assistant will be in charge of the staff and perform duties as may be necessary.

 

(c) The Assistant Adjutant shall have completed the American Legion Education Institute (ALEI) course offered by the National Organization and the Department Basic Training Course. The Assistant Adjutant shall spend an extensive amount of time in the field working with the Posts in an effort to solve problems, create interest and develop leadership, which shall entail visiting with community leaders and attending meetings of civic, school, fraternal and religious groups explaining the purposes, principles and programs of THE AMERICAN LEGION.

 

(d)  The Assistant Adjutant shall work with American Legion Boys State Trustees, Chairman, Director and Staff.

 

(e)  The Assistant Adjutant will work closely with the Chairman of American Legion Baseball and act as liaison between the Chairman and the National Director and will assist the Chairman in contracting facilities and fields for the Department Senior and Junior baseball tournaments.

 

(f)  The Assistant will work closely with the Oratorical Chairman and visit high schools and work with principals, forensic, Debate Club, English or history teachers in an effort to encourage local participation in THE AMERICAN LEGION High School Oratorical Contest.

 

(g)  The Assistant Adjutant will work closely with the Chairman of JROTC and assist in promoting Post(s) involvement for JROTC Cadet of the Year nominations and awards.

 

(h)  The Assistant Adjutant will work closely with the Chairman of Junior Shooting Sports and promote Junior/Youth Shooting Programs for shooting safety and competition.

 

Section 5.  DEPARTMENT JUDGE ADVOCATE:  The Department Judge Advocate shall advise the Department Officers and the Department Executive Committee on all legal matters and Legion protocols, including the construction and interpretation of the Department Constitution and By-Laws, and shall perform such other duties as are usually incident to the office.

 

Section 6 (a) DEPARTMENT HISTORIAN AND AWARDS BOARD CHAIRMAN: The Department Commander shall appoint the Department Historian and Awards Board Chairman, who will be one and the same. The Department Historian shall collect from year-to-year all records and data of value and interest for the Department, and shall compile a complete history of the year’s activities. The Department Historian shall also assist Post Historians so as to coordinate and unify the work of these officials, and shall have such other duties as the Department Executive Committee shall prescribe.

 

(b)  The Department Awards Board will consist of a Chairman (Department Historian) and three (3) other members, one (1) member from the East Division, one (1) member from the Middle Division and one (1) member from the West Division. Members will be appointed by the Department Commander. The Awards Board, on notice, will meet at a date other than the Mid-Winter Conference or the Department Convention to review and select winners not determined by a fixed contest. Subject awards will be presented at the next immediate Department Convention or the following Mid-Winter Conference. The Awards Chairman and members will be authorized round-trip mileage from their respective Post Home to the Awards Board meeting location.

 

Section 7.  SERGEANT-AT-ARMS: The Sergeant-at-Arms shall assist the Department Commander and Department Adjutant with all Department meetings, including Department Executive Committee meetings. The Sergeant-at-Arms will take charge of the colors and all equipment and see that the auditorium or meeting room is set up in accordance with instructions from the Commander and/or Adjutant. The Sergeant-at-Arms will be available for assignments during all business and social functions. The Sergeant-at-Arms shall have the authority to appoint such assistants from time to time, as may be necessary, to assist in the performance of all duties, subject to the approval of the Department Commander.

 

Section 8.  DEPARTMENT CHAPLAIN:  The Department Chaplain shall perform such divine services as may be necessary, adhering to such ceremonial rituals as may be recommend by National and Department Headquarters from time to time.

 

Section 9.  DEPARTMENT EDITOR:  The Department Adjutant shall be the Department Editor and will edit “The Tennessee Legionnaire,” performing all duties incident thereto.

 

Section 10.  DEPARTMENT MEMBERSHIP CHAIRMAN: The Department Membership Chairman will promote and advise on all “Retention, Renewal, Revitalization and Reconnect” membership activities and services within the Department. The Membership Chairman shall oversee and advise all Post, District and Division Membership Chairmen. He shall report, at least monthly, to the Department Commander, the status of membership activities of all Division, District and Post Membership Chairmen. The Membership Chairman shall coordinate with the Department Adjutant and the Department Public Relations Chairman to publish items of interest pertaining to membership in THE AMERICAN LEGION to local news and media outlets throughout the Department.

 

Section 11.  The Department Commander and the Department Adjutant will determine Department standing committees.

 

Article III

MONIES AND COLLECTIONS

Section 1.  All Department and Post officials handling American Legion monies shall be properly bonded with a good and solvent surety company as surety to cover double the average amount of money handled in a single year.

 

Section 2. (a)  The premium on the bond of the Department Adjutant and Finance Officer shall be paid out of the treasury of this organization.

 

(b)  The bonds provided for by the Department and Post officials shall be approved by the respective Department Executive Committee and the Post Executive Committee.

 

Section 3. (a)  In cases of delinquencies in the payments of amounts due Department Headquarters, actions shall be taken at once by the proper officials to bring about a speedy and complete settlement.

 

(b) The Department Commander shall, should it be deemed necessary, detail an auditor(s) to investigate the membership and financial records of any Post within the Department and report the findings of said audit to the Department and Executive Committee for actions, if necessary.

 

ARTICLE IV

DELEGATES

Section 1. The delegates and alternates to represent this Department at the National Convention shall be elected by the Department Convention.

 

Section 2.  One (1) delegate and one (1) alternate shall be elected by each District at its caucus at the Department Convention for each unit of members for which the Department is allowed one (1) delegate and one (1) alternate under the National Constitution, exclusive of fractional part of the unit, upon nomination submitted to the Department Convention by each respective District caucus.

 

Section 3.  Any additional delegates and alternates allowed by the National Constitution and By-Laws shall be elected at large by the Department Convention; provided the Department Commander and Department Adjutant shall be delegates at large, and the Department Commander shall be Chairman of the Department delegation to the National Convention.

 

ARTICLE V

DEPARTMENT EXECUTIVE COMMITTEE MEETINGS

Section 1.  At least five (5) days written notice shall be given all members of the Department Executive Committee of any regular or special meeting of the Department Executive Committee. Such notice shall be mailed to the address of record in the Department Adjutant’s office. No business shall be transacted at any special or call meeting of the Department Executive Committee, except such as shall be specifically stated in the call, or business of a routine nature which may be proper to come before such meeting.

 

ARTICLE VI

DEPARTMENT OFFICERS CAPS

Section 1.  Department Officers authorized to wear white American Legion caps in the Department of Tennessee are: Department Commander, Department Adjutant, Three (3) Division Vice-Commanders, Judge Advocate, Historian, Sergeant-at-Arms, Chaplain, Membership Chairman, Service Officer and Department Finance Committee Chairman. Department Officers authorized to wear the blue and white caps are the District Commanders and all appointed District Officers; however, the appointed District Officers are not authorized to wear the blue and white cap while outside their respective Districts.

 

Section 2.  All white caps and District Commander’s blue and white caps and calling cards will be provided and paid from Department funds. All appointed officers, not otherwise noted, will pay for their own hats and calling cards, if they want them.

 

ARTICLE VII

AMENDMENTS AND REVISIONS

 

Section 1.  These By-Laws may be amended or revised at the Department Convention of THE AMERICAN LEGION by a two-thirds (2/3) vote of the duly qualified delegates thereto, provided that any proposed amendment or revision shall have been read at the Mid-Winter Conference preceding the annual Convention and published in “The Tennessee Legionnaire” prior to being voted upon at the annual Department Convention.

 

Section 2.  All proposed amendments and/or revisions shall be submitted through the Department Adjutant to the members of the Department Constitution and By-Laws Committee and then to the Department Executive Committee. Proposed amendments and/or revisions shall be in the hands of the Department Adjutant forty (40) days prior to the Mid-Winter Conference. The Department Adjutant shall forward the proposed amendments and/or revisions to the Department Constitution and By-Laws Committee at least thirty (30) days in advance of the Mid-Winter Conference. After review, the Department Constitution and By-Laws Committee will report the proposed amendments and/or revisions, with a recommendation to the Department Executive Committee at the Mid-Winter Conference. It may be amended by a unanimous vote at any Department Convention without prior notice.

 

Section 3. No proposed amendment and/or revision shall be submitted through the Department Adjutant to the members of the Department Constitution and By-Laws Committee and then to the Department Executive Committee and then considered by the Department Convention, unless the proposed amendment and/or revisions shall have first received the formal endorsement of a Post. Proposed amendments and/or revisions, received from a Post, must receive the formal endorsement of the Department Executive Committee prior to being presented to the Department Convention for consideration. Amendments and/or revisions initiated by the Department Resolutions Committee, the Department Constitution and By-Laws Committee or the Department Executive Committee will not require the formal endorsement of a Post.

 

Section 4.  If amendment(s) or revision(s) are approved, the Department Adjutant and Finance Officer will, within five (5) business days after adjournment of the Department Convention, contract to have a new Department Constitution and By-Laws printed in an acceptable format. Prior to being printed, the Department Adjutant will review the draft copy for errors and make grammatical/clerical corrections. Final approved copy will be printed within thirty (30) days from the contracted date. Approved amendments or revisions must be implemented by a complete document and indicate edition date. Once the final approved copy has been printed and received by the Department Adjutant, each Post will be issued two (2) copies, one (1) copy to each member of the Department Executive Committee (voting and non-voting), one (1) copy to the Department Judge Advocate, one (1) copy to each Department Chairman/Director, one (1) copy to the Department Sergeant-at-Arms, one (1) copy to the Department Chaplain, thirty (30) copies to THE AMERICAN LEGION, Department of Tennessee Auxiliary, twenty (20) copies to the Sons of The American Legion, Department of Tennessee and one (1) copy to each member of the full-time staff of the Department Headquarters. Additionally, a minimum of five hundred (500) copies will be maintained at Department Headquarters for future use.

 

Section 5. In the event of any conflict between the provisions of the National Constitution and By-Laws and the Department Constitution and By-Laws, the National Constitution and By-Laws prevail.

 

ARTICLE VIII

AMERICAN LEGION RIDERS (ALR)

 

  THE AMERICAN LEGION Riders was formed to promote the aims and purposes of THE AMERICAN LEGION, as family-oriented motorcycling activities for members of THE AMERICAN LEGION, The American Legion Auxiliary and Sons of the American Legion. Members of the American Legion Riders will void any perception of being a club or gang. Rider membership is for the enjoyment of motorcycles, comradeship and furthering American Legion programs. There is a separate, subordinate Department of Tennessee Constitution and By-Laws for the American Legion Riders, spelling out the specifics for acquiring a Post American Legion Riders charter and specifying other Department requirements. The major objectives of American Legion Riders are two-fold: 1. Promote membership in the Legion Family and 2. Raise funds for The American Legion Legacy Scholarship fund or other veteran assistance programs designated by the National Commander of THE AMERICAN LEGION. Failure to do either may result in the Rider charter being cancelled. The Department Executive Committee is the final authority to cancel any Legion Rider Post Charter in the Department of Tennessee. The decision of the Department Executive Committee will be final.

 

__________________________________________________________________________________________

 

RESOLVED by Post 0061, THE AMERICAN LEGION, Department of Tennessee, that the proposed revised Department Constitution and By-Laws, submitted by Robert W. Hensley, representing the Department Constitution and By-Laws Committee, on December  7, 2018, to American Legion Post 0061 in Mountain City, Tennessee, be adopted by the Department Executive Committee as proposed.

 

 

 

 

This is to certify that the above resolution to revise THE AMERICAN LEGION, Department of Tennessee Constitution and By-Laws proposed by the Department Constitution and By-Laws Committee and submitted by said Committee Chairman, Robert W. Hensley, was adopted by American Legion Post 0061 on November _______ 2018, at _____________________________.

 

 

 

______________________________________                    _________________________________________

Frank Bass                                                                     Patti Young

Commander                                                                   Adjutant

Johnson County Post 0061                                              Johnson County Post 0061

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


TOP