The American Legion Department of Tennessee

THE SONS OF THE AMERICAN LEGION DETACHMENT CONSTITUTION DETACHMENT OF TENNESSEE
 
PREAMBLE
Proud possessors of a priceless heritage, we male descendants of veterans of all wars, associate ourselves together as “Sons of The American Legion” 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 true spirit of Americanism; to preserve the memories of our former members and the association of our members and our Forefathers 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 goodwill on earth; to safeguard and transmit to posterity the principles of justice, freedom, and democracy, to consecrate and sanctify our friendship by our devotion to mutual helpfulness; to adopt in letter and spirit all the great principles for which the American Legion stands and to assist in carrying on for God and Country.
 
ARTICLE I
Name
Section 1. The name of this organization shall be the “Sons of The American Legion,” Detachment of Tennessee.
Section 2. The Detachment Headquarters of the Detachment of Tennessee shall be located at the site of the Department of Tennessee Headquarters, and at such residence as is occupied by the current Detachment Commander.
 
ARTICLE II
Nature
Section 1. The Sons of The American Legion, Detachment of Tennessee, is a civilian organization. Membership therein does not affect nor in any way increase liability for military or police service.
Section 2. The Sons of The American Legion, Detachment of Tennessee, shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person or group seeking public office or preferment.
Section 3. The Sons of The American Legion, Detachment of Tennessee, shall be absolutely non-sectarian.
Section 4. Each member shall perform his full duties as a citizen according to his own conscience and understanding in accordance with the law, and not according to the dictates of the Sons of The American Legion, Detachment of Tennessee.
 
 
 
ARTICLE III
Organization
Section 1. The local unit of the Sons of The American Legion is the Squadron. Each Post of The American Legion, Department of Tennessee may sponsor no more than one (1) Squadron of the Sons of The American Legion. With approval of the Department of Tennessee, Squadrons sponsored by those Posts shall be organized into the Detachment of Tennessee.
Section 2. The organization of the Detachment and Squadrons of the Sons of The American Legion Detachment of Tennessee shall conform with regulations of the Department of Tennessee, regulations of the National Executive Committee of The American Legion, and the National Constitution and Bylaws of the Sons of The American Legion.
Section 3. The Sons of The American Legion shall be organized on a local basis, under a sponsoring Post, and shall bear the name of said sponsoring Post as follows: “Sons of The American Legion Squadron of Post #                                            , Department of Tennessee.”
Section 4. The Detachment of Tennessee shall have jurisdiction over the Squadrons within the Detachments geographic area, subject to such limitations as may be prescribed by The American Legion, Department of Tennessee.
Section 5. The Sons of The American Legion, Detachment of Tennessee shall be regulated by such rules as prescribed by the National Executive Committee of the Sons of The American Legion, and by such restrictions as may be prescribed by the Department of Tennessee.
 
ARTICLE IV
Eligibility
Section 1. All male descendants, adopted sons and stepsons of members of The American Legion, and such male descendants of Veterans who died in service during World War I, and December 7, 1941, to date as set forth in ARTICLE IV, Section 1, of the National Constitution of The American Legion or who died subsequent to their honorable discharge from such service shall be eligible for membership in the Sons of The American Legion, Detachment of Tennessee.
Section 1. All male descendants, adopted sons and stepsons of members of The American Legion, and such male descendants of Veterans who died in service during World War I, World War II, the Korean War, the Vietnam War, Lebanon/Grenada, Panama, and the Persian Gulf War, during the delimiting periods set forth in ARTICLE IV, Section 1, of the National Constitution of The American Legion or who died subsequent to their honorable discharge from such service shall be eligible for membership in the Sons of The American Legion, Detachment of Tennessee.
Section 2. There shall be no form or class of membership except an active membership.
 
ARTICLE V
Legislative Body
Section 1. The legislative body of the Detachment of Tennessee shall be the Detachment Convention, to be held annually in conjunction with The American Legion, Department of Tennessee Convention and all acts of this legislative body shall be subject to the approval of the Department Executive Committee of The American Legion.
Section 2. The Department of Tennessee Headquarters shall issue a call to the Detachment Convention, to the Detachment Headquarters not less than 60 days prior to said Convention. This call shall be by letter or publication in such periodical as is available to the Detachment of Tennessee.
Section 3. Each Squadron shall be entitled to one vote for their Charter and one vote for each 10 members or major part thereof, as such membership is received by the Detachment not less than 30 days prior to such called Detachment convention. Any Squadron must have a minimum of ten paid members in order to be given such votes at the Detachment convention. Such Squadrons as have not paid ten memberships not less than 30 days prior to such called convention shall be ineligible to vote. Each Squadron shall be entitled to one vote per qualified delegate, and such qualified delegate shall be able to cast all votes applicable to his Squadron, providing that delegate is current in membership and his fee is paid as required. When a registration fee shall be required and not paid by said delegate, then said delegate shall be ineligible to vote and his Squadron shall forfeit the right of casting their vote.
Detachment votes designated as “at-large” votes may only be cast by such designated Detachment members, and in their absence, such “at-large” votes may not be cast by his Squadron.
Section 3. Each Squadron shall be entitled to one vote for their Charter and one vote for each 10 members or major part thereof, as such membership is received by the Detachment not less than 30 days prior to such called Detachment convention. Any Squadron must have a minimum of ten paid members in order to be given such votes at the Detachment convention. Such Squadrons as have not paid ten memberships not less than 30 days prior to such called convention shall be ineligible to vote. Each Squadron shall be entitled to one vote per qualified delegate, and such qualified delegate shall be able to cast all votes applicable to his Squadron, providing that delegate is current in membership, his fee is paid as required, and delegate's squadron has certified current officers not less than five business days prior to the announced date of Detachment convention. When a registration fee shall be required and not paid by said delegate, then said delegate shall be ineligible to vote and his Squadron shall forfeit the right of casting their vote. Detachment votes designated as "at-large" votes may only be cast by such designated Detachment members, and in their absence, such "at-large" votes may not be cast by his Squadron.
Section 4. Delegates from three (3) Squadrons shall constitute a quorum.
Section 5. The Detachment Executive Committee shall provide a uniform "Code of Procedure" for the orderly organization and operation of all meetings and business of the Detachment with continuing power of revision and said rules shall be applicable at all meetings unless it is amended, suspended, or repealed by a two-thirds vote of registered delegates at a Detachment Convention or Mid-Winter Conference.
Section 6. All Past Detachment Commanders, current in membership, shall be delegates to the Detachment convention and shall have one (1) “at-large” vote to be cast with their respective Squadrons. All Detachment Officers, elected or appointed, shall be entitled to one (1) “at-large” vote and shall be automatic delegates. No past Detachment Commander or current officer of the Detachment shall cast more than one “at-large”.
 
ARTICLE VI
 Detachment Officers
Section 1. The Detachment Convention shall nominate and elect a National Executive Committeeman, Alternate National Executive Committeeman and Detachment Commander, to be elected by the Convention as a whole by delegate vote based on membership 30 days prior to the convention. At a Division Caucus conducted at the Convention, there shall be a Vice Commander elected for each of the 3 grand divisions of the Department, to be nominated and elected by delegates from their respective division based on membership 30 days prior to the convention.
Section 2. Candidates for Vice Commander and District Commander shall be eligible if the person is a member of a Sons of The American Legion Squadron, in good standing within his respective Division or District from which to be elected.
Section 3. District Commanders shall be nominated and elected at their District Conventions held in their respective Districts a minimum of 30 days prior to the Detachment Convention. A District Commander’s Report form must be completed and submitted to Detachment Headquarters not less than 15 days prior to the Detachment Convention. Form shall include names and contact information of newly elected District officers. Form shall be completed and signed by the Detachment and Department Officers responsible for conducting the District Convention. Section 4. The Detachment Commander, by and with approval of the Detachment Executive Committee, shall appoint a Detachment Adjutant, Finance Officer, Detachment Chaplain and Sergeant- At-Arms. He may also, with approval of the Detachment Executive Committee, appoint such other officers as deemed necessary. In the absence of a suitable candidate for Detachment officers other than; Detachment Commander, Detachment Finance Officer, Detachment Adjutant, National Executive Committeeman or Alternate National Executive Committeeman, the Detachment Commander with approval of the Detachment Executive Committee, may appoint officers to fill said term.
Section 5. The elected and appointed Detachment Officers shall be elected, and or appointed within such guidelines as already set up by The American Legion, Department of Tennessee.
Section 6. No Detachment Officer, elected or appointed, shall assume duties of office until they have been properly installed at the immediate Detachment Convention. Such Detachment Officers shall serve until the adjournment of the succeeding Detachment Convention following their election and thereafter until their successors are chosen. Any vacancy occurring either by nonperformance of duties or absence from two consecutive Detachment meetings, shall be filled by the Detachment Commander, by and with approval of the Detachment Executive Committee. Such actions as may designate nonperformance of duties shall be determined by the Detachment Executive Committee.
Section 7. The Detachment Commander, with the approval of the Detachment Executive Committee, shall have the privilege of appointing a Detachment Membership Chairman, Commission and Committee Chairmen, and other appointments as he shall deem necessary.
Section 8. The Sons of The American Legion, Detachment of Tennessee shall recognize such individuals designated by the Commander, Department of Tennessee, as Liaison/Advisors to the Detachment and that designated person or persons shall serve as ex-officio members of all such committees or commissions of the Detachment Organization. Such persons shall serve as advisors only and shall have no voting power unless he is also a member of the Sons of The American Legion, Detachment of Tennessee and is appointed to such committee or commission by the Detachment Commander.
Section 9. The Department Commander and the Department Adjutant shall also serve as ex-officio members of all Detachment committees and commissions as advisors to the Detachment organization, if that is their wish.
Section 10. In fulfilling their duties and responsibilities, the Detachment officers, both elected and appointed, shall be responsible to the Detachment Executive Committee, the Department Executive Committee, or to a subordinate body they designate.
Section 11. Any elected Detachment officer shall also be able to serve as an appointed Detachment officer if deemed necessary by the Detachment Commander, with the exclusion of the Detachment Commander serving in two offices.
 
ARTICLE VII
Detachment Executive Committee
Section 1. The Detachment Executive Committee shall be composed of; The Detachment Commander, the three Vice Commanders, the two immediate past Detachment Commanders, the National Executive Committeeman, the Alternate Executive Committeeman, and the District Commanders. A majority of those officers will constitute a quorum of the Detachment Executive Committee.
Section 2. The Detachment Executive Committee shall meet at least twice each year, at Mid-Winter Conference and The Detachment Convention. It shall meet immediately prior to these meetings to consider any resolutions or proposed amendments to the Constitution and Bylaws of the Detachment of Tennessee. It shall further meet immediately following the Detachment Convention to approve the appointments of the newly elected Detachment Commander. Between scheduled Detachment Executive Committee meetings at the Detachment Convention and Mid-Winter Conference, such business as may be deemed necessary by the Detachment Commander or Department Commander may be conducted by mail, phone or e-mail. Between Detachment Conventions, the administrative powers of the Detachment shall be vested in the Detachment Executive Committee and all actions of the Executive Committee shall be subject to the approval of The American Legion, Department of Tennessee Executive Committee.
Section 3. The Detachment Executive Committee shall also meet on the call of the Detachment Commander or on the written request of three (3) Squadrons at any time during the year for sufficient reason to it appearing and as shall be approved by the Department Commander of The American Legion.
ARTICLE VIII
Detachment Organization
Section 1. The Detachment of Tennessee shall be comprised of the three Divisions, ten Districts, and Squadrons within their respective geographic areas, which shall coincide with and in no way conflict with the boundaries of The American Legion Department of Tennessee.
Section 2. Division and District Commanders shall act as liaison between the Detachment Organization and the Squadrons for the purposes of promoting the programs of the Sons of The American Legion.
Section 3. The Detachment Executive Committee shall define the powers of such intermediate groups, but in no event shall such powers invade the prerogatives now vested in the Squadron or Detachment.
Section 4. Districts shall be subordinate to the Detachment Executive Committee and shall function only as long as there are two active Squadrons in said District.
 
ARTICLE IX
Squadron Organization
Section 1. Those who desire to form a Squadron of the Sons of The American Legion shall make application for a charter to the Post Commander of the local Post in which they reside. Upon approval of the Post Commander, the application shall be forwarded to the Department Commander, and upon their approval, shall be forwarded to the National Headquarters of The American Legion where the charter may be issued by the National Commander and the National Adjutant of The American Legion in the same manner prescribed for the issuance of charters for Posts of The American Legion.
Section 2. The minimum membership for the formation of a Squadron of the Sons of The American Legion shall be ten (10).
Section 3. A Squadron of the Sons of The American Legion, Detachment of Tennessee failing to transmit any membership (zero members) for a period of two consecutive years shall be deemed inactive and shall be removed from the active membership report. If said Squadron remains inactive for a third year (three consecutive years), the Detachment Commander with a 2/3 majority of the Detachment Executive Committee, and approval of The American Legion, Department of Tennessee Executive Committee, shall revoke the charter of said Squadron.
Section 4. There shall be no more than one Squadron of the Sons of The American Legion in any Post. Squadrons may be organized into sections according to age, but all sections shall be active and have equal rights and participation in that Squadron.
Section 5. Squadron Officers of the Sons of The American Legion shall consist of a Commander, Vice Commander, Adjutant/Finance officer and such officers as may be deemed necessary, and contained in the Sons of The American Legion, National Constitution ARTICLE IX Section 4. In the event there is not a suitable candidate for Squadron Officers other than Commander, Adjutant and Finance officer, such offices shall remain vacant.
Section 6. Officers of the Squadron shall be elected annually, and the date of such election should conform if possible, with the annual election of Post officers of The American Legion. Squadron Officers shall be subject to the approval of the Executive Committee of the sponsoring Post.
Section 7. Squadron meetings shall be held no less than once monthly in accordance with the ritual of the organization.
Section 8 be added to read as follows; All Squadron officers for the ensuing year shall be certified to The American Legion Department of Tennessee headquarters, no less than five business days prior to the announced date of the Detachment Convention. Certification shall be made on forms furnished or prescribed by the Department of Tennessee, provided that no squadron and or squadron delegate shall have voting rights until such election and certification
 
ARTICLE X
Finances
Section 1. The revenue of the Sons of The American Legion, Detachment of Tennessee shall be derived from annual dues and from such other sources as may be approved by the Department Executive Committee of The American Legion or the person or persons as are designated by the Department Executive Committee of The American Legion.
Section 2. The annual per capita dues shall be payable October 20 of each year, for the succeeding year. Such funds shall be transmitted to the Department Adjutant, charged with the custody of such funds and shall be held and accounted separately from all other funds as may exist within said Department or Detachment if so designated. A member whose dues for the current year have not been paid by January 1, shall be classed as delinquent. If his dues are paid on or before February 1, he shall be automatically reinstated. If he is still delinquent after February 1, he shall be a member with no voice or vote, suspended from all privileges.
 
 
Resolutions Approved by the 2020 Department Executive Committee, February 9, 2020 to Amend the June 2, 2020 edition of the Detachment of Tennessee Constitution and Bylaws:
SAL 2020-05, Amend Article V Section 3 of the Sons of The American Legion Detachment of Tennessee Constitution
SAL 2020-06, Amend Article IX of the Sons of The American Legion Detachment of Tennessee Constitution