AMERICAN LEGION AUXILIARY
UNIT # 238
CONSTITUTION, BYLAWS, STANDING RULES
2009-2010
AMERICAN LEGION AUXILIARY UNIT # 238
CONSTITUTION, BYLAWS, STANDING RULES
2009-2010
PREAMBLE:
For God and Country, we associate ourselves together for the following purposes:
To uphold and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate a one hundred percent Americanism; to preserve the memories and incidents of our associations during the Great Wars; to inculcate a sense of individual obligation to 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 participate in and contribute to the accomplishment of the aims and purposes of the American Legion; to consecrate and sanctify our association by our devotion to mutual helpfulness.
CONSTITUTION
ARTICLE 1 - NAME:
The name of this organization shall be American Legion Auxiliary, Safety Harbor, Unit #238, Department of Florida.
ARTICLE II - NATURE:
Section 1: The American Legion Auxiliary is a civilian organization of women.
Section 2: The American Legion Auxiliary 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 - OBJECT:
Section 1: The object of the American Legion Auxiliary, Safety Harbor Unit #238, Department of Florida, shall be stated in the Preamble of the Constitution.
ARTICLE IV - ELIGIBILITY:
Section 1: Membership in the American Legion Auxiliary shall be limited to the mothers, wives, daughters, sisters, granddaughters, great-granddaughters and grandmothers of members of the American Legion, and the mothers, wives, daughters, and sisters, granddaughters, great-granddaughters and grandmothers of all men and women who were in the Armed Forces of the United States during any of the following periods: (Step relatives are eligible in some cases)
World War 1: (04/06/1917 - 11/11/1918)
World War 2: (12/07/1941 - 12/31/1946)
Korean War: (06/25/1950 - 01/31/1955)
Vietnam War: (02/28/1961 - 05/07/1975)
Grenada/Lebanon: (08/24/1982 - 07/31/1984)
Panama: (12/20/1989 - 01/31/1990)
Persian Gulf War: (08/02/1990 – to the date of cessation of hostilities as determined by the Government of the United States)- 2 -
All dates inclusive, or who, being citizens of the United States at the time of their entry therein, served in active duty in the Armed Forces of any of the governments associated with the United States during any of said periods, and died in line of duty or after honorable discharge; and to those women who of their own right are eligible for membership in The American Legion.
Section 2: There shall be two classes of membership, Senior and Junior.
A. Senior membership shall be composed of members over the age of eighteen years; provided, however, that a wife under the age of eighteen years, who is eligible under Section 1 of this article, shall be classed as a Senior member.
B. Junior membership shall consist of that group under the age of eighteen years, whose activities shall be supervised by the Senior membership. Upon reaching the age of eighteen years, Junior members shall automatically be admitted into Senior membership with full privileges.
C. Dues of both classes shall be paid annually or for life.
ARTICLE V - UNIT OFFICERS
Section 1: The unit shall elect annually a President, First Vice-President, Second Vice-President, Treasurer, Chaplain, Historian, three (3) Executive Board Members, and Sergeant-at-Arms. The incoming President shall appoint the Secretary.
ARTICLE VI - EXECUTIVE COMMITTEE:
Section 1: There shall be an Executive committee which shall consist of the officers and three (3) additional members-at-large elected by the Unit. The term of office for members of the Executive Committee shall be for one year.
ARTICLE VII - FISCAL YEAR
Section 1: The fiscal year shall be the same as that of the Department.
ARTICLE VIII - AMENDMENTS
Section 1: This Constitution may be amended by a two-thirds vote of the members present at a regular meeting, provided the proposed amendments have been read at the previous meeting.
Section 2: Amendments not having been previously read may be adopted by the unanimous vote of the members present.
Section 3: This Constitution shall be automatically amended to conform to the National and Department Constitution and Bylaws and Standing Rules of the American Legion Auxiliary.- 3 -
BYLAWS
ARTICLE I - EXECUTIVE COMMITTEE
Section 1: Between meetings the government and management of Unit #238 shall be entrusted to the Executive Committee and all proceedings of said Committee should be presented to the Unit at the next meeting for approval.
Section 2: A vacancy existing in the Executive Committee for any cause other than the expiration of a term shall be filled by a majority vote of the entire committee. A person so elected shall hold office for the unexpired term of the member she succeeds.
Section 3: One-third of the members of the Executive Committee shall constitute a quorum.
Section 4: The Executive Committee shall meet once a month on the first Tuesday, one half hour before the regular meeting. Special meetings may be called by order of the President or by written request of at least three (3) members of the Executive Committee.
Section 5: The Executive Committee except in the case of the President shall fill vacancies in office between elections.
Section 6: Any officer staying away from (3) three consecutive meetings without valid reason will be asked to resign her office, however, if the officer does not voluntarily give her resignation when asked, the unit cannot remove her from office unless they bring her up on charges; the office vacated for this reason shall be filled as prescribed in (5) above. (Per Article VIII, Discipline, Section 1.)
ARTICLE II - DUTIES AND POWERS OF OFFICERS
Section 1: Duties of the President: It shall be the duty of the President to preside at all meetings of the Unit and Unit Executive Committee; to enforce strict observance of the Constitution and Bylaws; to appoint members of the standing committees; to create such other committees and appoint members thereof as she deems advisable; to perform such other duties as custom and parliamentary usage require; and to appoint all officers not otherwise provided for.
Section 2: Duties of the Vice-President: The first and second Vice-President in order named shall, when called upon, assist the President and in her absence perform her duties, and shall succeed her office in case of death, resignation, or removal.
Section 3: Duties of the Secretary: It shall be the duty of the Secretary to record the proceedings and transactions of all the meetings of the Unit; to act as custodian of all books, papers, and records; to keep a record of names and addresses of the members, showing the source of their eligibility; to send out such notices as are directed by the President: to process the correspondence of the Unit; to keep on file in a comprehensive manner copies of all the correspondence sent and received; and perform such other duties as shall be required of her by the President.
Section 4: Duties of the Treasurer: It shall be the duty of the Unit Treasurer to receive all money belonging to the Unit and to account for them. She shall maintain two separate funds, namely a General and a Poppy Fund. All poppy donations shall be place in the Poppy fund and be used to assist the veteran and his/her children. She shall keep an accounting of her receipts and expenditures, making a monthly report thereon and such other reports as may be deemed necessary by the Unit Executive Committee. Her accounts shall be audited annually. She shall pay all current bills before transferring all funds, books, and paper belongings to the Unit to her successor.- 4 -
Section 5: Duties of the Historian: It shall be the duty of the Unit Historian to compile historical records of the Unit and to make a report to the Department.
Section 6: Duties of the Sergeant-at-Arms: It shall be the duty of the Sergeant-at-Arms to preserve order at the meeting of the Unit and such other duties as may be prescribed by the President.
Section 7: Duties of the Chaplain; It shall be the duty of the Chaplain to offer prayer at the opening and closing of each meeting, and perform such other duties as the President may direct.
Section 8: When deemed necessary, a Recording Secretary and a Corresponding Secretary may be elected to carry on the duties normally performed by the Secretary.
Section 9: The office of Secretary may be combined with that of Treasurer and called "Secretary-Treasurer."
ARTICLE III - DUES
Section 1: The annual membership dues of Unit #238 for Senior members shall be twenty dollars ($20.00) per year, which include the Department and National per capita.
Section 2: A member failing to pay her annual dues, including the Unit State and National assessments by January 31, shall be classed as delinquent and shall be suspended from all membership privileges. Payment of back dues, after suspension, shall reinstate such member to active membership. Any member delinquent to December 31 of the year of delinquency shall automatically be dropped from the rolls and may be reinstated only by paying all back dues or by re-establishing eligibility and making application as a new member.
Section 3: The annual membership dues for Junior members shall be six dollars ($6.00) per year, which will include the Department and National per capita.
ARTICLE IV - UNIT MEETINGS
Section 1: The regular meeting of Unit #238 shall be held on the first Tuesday of each month, and shall be called to order at 7:30 p.m. An Executive Committee shall meet once a month on the first Tuesday at 7:00 p.m.
Section 2: An annual meeting of Unit #238 shall be held in the month of April each year for the purpose of receiving reports.
Section 3: Special meeting of Unit #238 may be called by the President, by a majority of the Executive Committee, or upon written request of five (5) members of the Unit.
Section 4: Five (5) members shall constitute a quorum at any meeting in the Unit.
ARTICLE V - ELECTIONS
Section 1: Election may be by voice vote if there is only one candidate, but where there is more than one candidate for the same office, election shall be by ballot and the majority of votes cast shall be necessary to elect.
Section 2: Delegates and Alternates to a Department Conference Convention shall be elected at a Unit meeting duly called for that purpose not less then two (2) weeks prior to the convention. Alternates shall have priority in the order of their election.
Section 3: All Officers and Executive Committee members shall be elected annually at a meeting duly called for that purpose no more than sixty (60) days prior and not less than fifteen (15) days prior to the Department Convention. The Secretary is appointed by the incoming President.- 5 -
ARTICLE VI - COMMITTEES
Section 1. The Unit shall have the following standing Committees: Americanism, Auxiliary Emergency Fund, Cavalcade of Memories, Children & Youth, Community Service, Constitution & Bylaws, Education, Girls State, Junior Activities, Leadership, Legislative, Membership, National Security, Past Presidents Parley, Poppy, Public Relations and Veterans Affairs and Rehabilitation.
Section 2. A Nominating Committee composed of three members shall be elected for the purpose of presenting a slate of officers for the ensuing year.
Section 3. An Audit Committee composed of three members, shall be elected by the members, for the purpose of auditing the Treasurer's accounts at the close of each term, and making a report of the audit to the Unit.
Section 4. A Budget Committee composed of three members, shall be elected by the members for the purpose of presenting a budget for the ensuing year.
ARTICLE VII - TRANSFERS
Section 1: Transfers of membership from one Unit to another in the Department shall be upon application of the member to, and acceptance by, the other Unit, in conformity with National and Department Constitutions and Bylaws.
ARTICLE VIII – DISCIPLINE
Section 1. For any violation of the Unit, State or National Constitutions, or for conduct improper and prejudicial to the welfare of the Auxiliary or to the American Legion any member may be expelled from membership or any officer removed from office by two-thirds vote at a Unit meeting duly called for that purpose, said expulsion or removal to be binding only in the event said member or officer shall be given at least fifteen (15) days notice in writing by the Unit Secretary of the charges and the hearing thereon. Either party may have the right of appeal to the Department Executive Committee, and their action thereon shall be final. The expense of said appeal shall be borne by the appellant.
Section 2. Neither this Unit in the Department or any member thereof shall circularize any other Unit or member thereof without the consent of the Department Executive Committee.
Section 3. Liabilities: No member or group of members shall subject this Unit to liability without authorization of the Unit.
ARTICLE IX – PARLIAMENTARY AUTHORITY
Section 1. The Unit organization shall be governed by "Robert's Rules of Order, Newly Revised," on all points not covered by this Constitution and Bylaws.
ARTICLE X – AMENDMENTS
Section 1: These Bylaws may be amended by two-thirds vote of the members present at a regular Unit meeting, provided the proposed amendments shall have been read at the previous Unit meeting.
Section 2: Amendments not having been previously read may be adopted by the unanimous vote of the members present.
Section 3: The Bylaws shall be automatically amended to conform to the National and Department Constitutions and Bylaws and Standing Rules of the American Legion Auxiliary.- 6 -
_________________________________________________________
Margaret A. Reed
_________________________________________________________
Robin Zelinsky, Constitution and Bylaws Chairman
_________________________________________________________
Lee Cameron, Secretary
Voted and Dated: 1/02/2010, Corrected 3/1/.2010
Approved by:
Department Constitution and Bylaws Chairman
-------------------------------
Dated- 7 -
STANDING RULES
ARTICLE I - UNIT MEETINGS
Section 1: Any Unit member present at the American Legion Post #238 on a regular meeting night shall attend the meeting or leave the premises.
Section 2: No alcoholic beverages will be allowed during any meeting.
Section 3: Any member that is intoxicated at any meeting will be asked to leave the premises.
ARTICLE II - MEMBERSHIP
Section 1: A Committee of (3) three members shall study the membership applications to determine if they are made out correctly before submitting for approval.
Section 2: No member of this Unit shall solicit members of other Auxiliary Units.
ARTICLE III – ELECTIONS
Section 1. Election may be voice vote if there is only one candidate, but where there is more than one candidate for the same office, election shall be by ballot and the majority of votes cast shall be necessary to elect.
Section 2. All officers and executive board members shall be elected annually at a meeting called for that
purpose. The Secretary is appointed by the incoming President.
A. A Nominating Committee of three shall be elected by the members with all names of the candidates for the committee on the ballot and a chairman so designated at least (30) thirty days preceding the date
for nominations for the election. They will present a qualified slate of nominees willing to accept the
position for which nominated. Consent of each candidate shall be obtained to nominate. Nominating
Committee member(s) may also be a nominee. The President may not serve on the committee.
B. Names of the nominees will be presented to the floor at the April and/or May Regular Meetings. Nominations will be accepted from the floor at both nomination meetings. At this point, nominations will be closed. The election will then be held at the Regular June Meeting.
C. In order to participate in the election of the Unit officers, a member shall have paid her dues for the current
fiscal year in which the election is held.
D. Unit officers shall be installed coincident with Post rulings and shall be entered upon their duties immediately.
E. All Auxiliary members living in Florida, except Junior members, will be notified by mail forty-eight (48) hours
prior to the election of the Unit officers.
F. Any member in good standing can run for any office, as in agreement with National & Department Bylaws.
ARTICLE IV - FINANCES
Section 1: Donations to a member in need of financial assistance shall be limited to one hundred dollars ($100.00) from our Unit Treasury. If greater financial need is said necessary, a fundraiser shall be considered and voted upon by the unit members for this particular cause.- 8 -
ARTICLE V – DELEGATES
Section 1: Delegates and Alternates to a Department Conference or Convention shall be elected at a Unit meeting duly called for that purpose not less then two (2) weeks prior to the convention. Alternates shall have priority in the order of their election.
Section 2: Delegates and alternates who are elected to represent Unit #238 at a Department
Conference or Convention will follow all instructions given. The Unit will determine the reimbursement of expenses encumbered by their attendance.
Section 3: If registration fees and accommodations for Department Conference or Convention for a delegate from Unit #238 are paid by this Unit, the delegate must then attend and offer a report at the subsequent meeting.
ARTICLE VI – ADMINISTRATION
Section 1. A copy of the monthly financial statement shall be given to the President and to the Secretary. The President or the First Vice-President and Treasurer shall sign all checks authorizing disbursement of monies for the Unit. The treasurer shall pay all authorized bills assigned by the President or the Secretary and shall retain those authorizations for the records. All financial accounts shall be audited annually by an appointed committee of three (3) members. She shall pay over and deliver to her successor all monies, vouchers, books and papers belonging to the Unit within one week following the installation of her successor.
Section 2. The names and phone numbers of the Executive Committee will be prominently displayed at
Post 238.
Section 3. Standing Rules can be adopted by a majority vote of members present without previous
notice.- 9 -
_________________________________________________________
Margaret A. Reed, President
_________________________________________________________
Robin Zelinsky, Constitution and Bylaws Committee Chairman
_________________________________________________________
Lee Cameron, Secretary
Voted and Dated: 1/02/2010, Corrected 3/14/2010
Approved by:
Department Constitution and Bylaws Chairman
-------------------------------
Dated