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   AMERICAN LEGION AUXILIARY

UNIT #21

 

CONSTITUTION

AND

BY-LAWS

2009-2010

 

DEPARTMENT OF OREGON

126 Atlantic Lane

                                        McMinnville, Oregon 97128

TABLE OF CONTENTS

                                         PREAMBLE.

                                                  CONSTITUTION.

                                                    Article I – Name. 

                                                     Article II – Nature. 

                                         Article III – Object 

                                         Article IV – Eligibility.

                                         Article V – Unit Officers.

                                         Article VI- Fiscal Year 

                                  Article VII- Amendments. 

                                               BYLAWS 

                                   Article II- Dues. 

                                              Article III- Unit Meeting. 

                                              Article IV- Election. 

                                   Article V- Committee. 

                                              Article VI- Transfers. 

                                              Article VII- Discipline.

                                              Article VIII- Parliamentary Authority.

                                              Article IX-Amendments. 

                                                          Standing Rules. 

PREAMBLE

 

        For God and Country, we associate ourselves together for the following purpose: 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 s during 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 participate in and contribute to the accomplishment of the aims and purposes of The American Legion; to consecrate and sanctity our association by our devotion to mutual helpfulness.

 

Section 1. The object of the American Legion Auxiliary, McMinnville Unit #21 , Department of Oregon shall be as stated in the preamble of the Constitution.

Article IV – Eligibility

Section 1. Membership in the American Legion shall be limited to the mothers, wives, daughters, sister, granddaughter, great-granddaughters, grandmothers, stepdaughters and adopted daughters of members of The American Legion. And to the mothers, wives, daughters, sister, granddaughter, great-granddaughters, grandmothers, stepdaughters and adopted daughters, of all men and women who were in the Armed Forces of the United States during any of the following periods: April 6, 1917 to Nov. 11, 1918: Dec. 7, 1941 to Dec. 31, 1946: June 25, 1950 to Jan. 31, 1955: Feb. 28, 1961 to May 7, 1975: Aug. 24, 1982 to July 31, 1984: Dec. 20, 1989 to Jan. 31, 1990: Aug. 2, 1990 to the date of cessation of hostilities as determined by the Government of the United States, all dates inclusive, or who, being citizens of the Untied States at the time of their entry therein, served on active duty in the armed forces of any of governments associated with the Unites States during any of the said periods and died in the 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.

Senior membership shall be composed of member 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.

  1. Junior membership shall consist of that group under the age of eighteen years, whose actives 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.
  2. 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, Secretary, Treasurer, Chaplain, Historian, and Sergeant-at-Arms, who shall serve until their successors are duly installed or as otherwise provided by Auxiliary President. (Or a combination of some of these officers)

                                                                       Article VI- Fiscal Year

Section 1. The fiscal year shall be the same as that of the Department of Oregon
   

                                                                   Article VII- Amendments

Section 1. This Constitution may be amended by a two-thirds vote of the members present at a regular Unit meeting, provided the proposed amendments shall 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.

                   

                                                                            BYLAWS

Article I- Duties of Officers

Section 1. Duties of the Unit President: It shall be the duty of the President to preside at all meeting of the Unit; 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 Unit Vice President: The Vice President shall, when called upon, assist the President, and in her absence, perform her duties, and shall succeed her in office in case of death, resignation or removal from office,

Section 3. Duties of the Unit Secretary: It shall be the duty of the Unit Secretary to record the proceedings and transaction of all meeting of the Units, to act as custodian of all books, papers and records, to keep a record of names and addresses of the members; 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 correspondence sent and received and perform other duties as shall be required of her by the President.

Section 4. Duties of the Unit 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 on e general fund. She shall keep and accounting of her receipts and expenditures, making a monthly report thereon and such other reports as may be deemed necessary by the Unit. Her accounts shall be audited annually. She shall pay all current bills before transferring funds, books, and papers belonging to the Unit to her successor.

Section 5. Duties of the Unit Chaplain: It shall be the duty of the Unit Chaplain to offer prayer at the opening and closing of each meeting, and to perform such other duties as the President may direct.

Section 6. Duties of the Unit Historian: It shall be the duty of the Unit Historian to compile historical records of the Unit and make a report to the Department.

Section 7. Duties of the Unit Sergeant-at-Arms: It shall be the duty of the Sergeant-at-Arms to preserve order at the meetings of the Unit and to perform such other duties as requested by the President.

 

Section 8. Where deemed necessary, a Recording Secretary and Corresponding Secretary may be elected to carry on the duties normally performed by the Unit Secretary. 

Section 9. The office of Secretary may be combined with that of the Treasurer and call “Secretary-Treasurer”.

                                                                            Article II- Dues

Section 1. The annual membership dues of the Unit shall be $30.00 for Seniors and $7.00 for Junior paid annually, and shall include the Department and National per capita.

Section 2. A member failing to pay annual dues, including the Unit, State and National assessments, by Jan. 31, shall be classed as delinquent and shall be suspended from all membership privileges; provided, however, such suspended member shall be notified in writing by the Secretary of the Unit of such suspension prior thereto. Payment of back dues, after suspension, shall reinstate such member to active membership. Any member delinquent to Dec. 31 of the year of the 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.

                                                                       Article III- Unit Meeting

Section 1.  The regular meeting fo the McMinnville Unit #21 shall be held on the third Tuesday of each month, unless otherwise specified, and shall be called to order at 6:00pm The months of June, July and August are used for informal meetings if needed. 

Section 2. An annual meeting of the Unit shall be held in the month of May each year for the purpose of electing officers and receiving annyual reports.

Section 3. Special meeting of this Unit may be called by the President or upon written request of three members in good standing.

Section 4. Four members in good standing, two of, which will be elected officers, shall constituent a quorum at any meeting of the Unit.
                                                                             Article IV- Election

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 the votes cast shall be necessary to elect.

Section 2. Delegates and alternates to a Department Convention shall be elected at a Unit meeting duly called for that purpose not less than two weeks prior to the convention. Alternates shall have their priority in order of their election.

Section 3. All officers shall be elected annually at a meeting duly called for that purpose. The Secretary may be either elected or appointed according to the rules prescribed by the department.

Section 4. The first slate of nomination for offices will be in the month of March; the final slate of nomination for offices and the casting of votes for offices will be in the month of April. Installation of elected offices shall be in the month of May.
                                                                           Article V- Committee

Section 1. The Unit President for the papoose of auditing the Treasurer’s accounts at the close of each term, and making a report of the audit to the Unit shall appoint an auditing committee composed of two members.

                                                                           Article VI- Transfers

Section 1.  Transfers of member shop from one Unit to another in the American Legion Auxiliary Department shall be upon application of the member to, and acceptance by the other Unit, in conformity with National and Department Constitution and Bylaws.

                                                                           Article VII- Discipline 

Section 1. For any violation of the Unit, State or National Constitutions, or of The American Legion, any member may be expelled from membership or any officer removed from office by two-thirds of the vote cast 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 have been 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 an 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 written consent of the Department Executive Committee.

Section 3. Liabilities: No member of group of members shall subject the Unit to liability without authorization of the Unit.

                                                          Article VIII- Parliamentary Authority

Section 1. The Unit organization shall be governed by “Roberts Rules of Order, Newly Revised”, on all points not covered by this Constitution and Bylaws.

                                                                          Article IX-Amendments

Section 1. These Bylaws may be amended by a two-thirds vote of the members present at regular Unit Meeting, provided the proposed amendments shall have been read at the previous Unit meeting.

Section 2. These Bylaws shall be automatically amended to conform to the National and Department Constitution and Bylaws and Standing Rules of the American Legion Auxiliary. 

NOTE: The National Constitution and acts of the National Conventions constitute the fundamental law of the Auxiliary and the Department Constitutions. The acts of the Department Convention and the Department Executive Committees must conform to them or be rendered null and void. Similarly, the Constitution of a Unit must conform to the Constitution of the Department in which it is located. Any provision of a Unit Constitution, which conflicts, with the Constitution of the Department or any action of the Department convention or the Department Executive Committee is invalid and without effect. In a few Departments the adoption of a uniform Unit Constitution and Bylaws prescribed by the Department in mandatory.

                                                                           Standing Rules
 
Standing rules are rules and regulations for the guidance of an assembly, which have been adopted, the same as a resolution. They are usually administrative in nature. A Standing Rule may be amended or rescinded by two-thirds vote, or if notice has been given a majority vote.
Standing Rules are usually adopted from time to time, as they are needed, in the form of resolutions. These rules are more detailed than the Constitution and Bylaws. They are to be used to clarify, but must remain in agreement with the Constitution and Bylaws. 
 
1) The Unit Tresurer, Unit President, and Unit Secretary are authorized to sign check for disbursement of funds from the Unit treasury. All check must be signed by two of the three authorized signers. 
 
2) All members responsible for Unit funds shall be bonded through the blanket fidelity bond and the Unit will pay the annual premium to the Department Headquarters. 
 
3) The Unit Vice President will be responsible for submitting information to the proper person for the monthly newsletter. 

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