The CONSTITUTION of the AMERICAN LEGION AUXILIARY Unit 470 Fishers
PREAMBLE TO THE CONSTITUTION OF THE AMERICAN LEGION AUXILIARY
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 in all 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 sanctify our association by our devotion to mutual helpfulness.
ARTICLE I - Name
The name of this organization shall be the American Legion Auxiliary, Lowell Beaver Unit No. 470, Department of Indiana.
ARTICLE II - Nature
Section 1. The American Legion Auxiliary is a civilian organization.
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 any appointive remunerative office in the Department of Indiana or any Unit thereof, provided that members of the Unit, Department, or National standing or special committees shall not be affected.
ARTICLE III - Object
The object of the American Legion Auxiliary, Lowell Beaver Unit No 470, Department of Indiana, shall be as stated in the Preamble of the Constitution.
ARTICLE IV - Eligibility
Section 1. Eligibility for membership in The American Legion Auxiliary is determined by The American Legion. The eligibility requirements from The American Legion governing documents shall be provided as follows and shall be updated as appropriate.
(1) grandmothers, mothers, sisters, spouses, and direct and adopted female descendants of members of The American Legion; and
(2) grandmothers, mothers, sisters, spouses, and direct and adopted female descendants of all men and women who served in either of the following periods: April 6, 1917 to November 11, 1918; and any time after December 7, 1941: who, being a citizen of the United States at the time of their entry therein, served on active duty in the Armed Forces of any of the governments associated with the United States during either eligibility periods and died in the line of duty or after honorable discharge;
(3) grandmothers, mothers, sisters, spouses and direct and adopted female descendants of all men and women who were in the Armed Forces of the United States during either of the following periods: April 6, 1917 to November 11, 1918; and any time after December 7, 1941 who served on active duty in the Armed Forces of the United States during either eligibility periods and died in the line of duty of after honorable discharge; and
(4) 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 age eighteen (18) and older; provided, however, a member eligible under Section 1 of this article, and who is under the age of eighteen (18) years and married shall be classified as a Senior.
(b) Junior membership shall be comprised of members under the age of eighteen (18) years, whose activities shall be supervised by the Senior membership. Upon reaching the age of eighteen (18), Junior members shall automatically be admitted into Senior membership with full privileges.
( c ) Dues of both classes shall be paid annually or for life.
Section 3. There shall be no form of membership except active membership.
ARTICLE V - Officers
Section 1. The Unit shall elect annually a President, First Vice President, Second Vice President, Secretary, Treasurer, Chaplain, Historian, and Sergeant-At-Arms. Any officer missing three (3) consecutive meetings shall be replaced by the President with a letter of notification. The President will appoint a unit Parliamentarian.
ARTICLE VI - Executive Committee
Section 1. There shall be a Unit Executive Committee which shall consist of the Unit Officers, the past Unit President, and (2) two members elected at large by the Unit.
ARTICLE VII - Fiscal Year
Section 1. The Fiscal year shall be the same as that of the Department.
Section 2. The Fiscal year shall be 16 June to 15 June of the following year.
ARTICLE VIII - Amendment
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.
The BYLAWS of the AMERICAN LEGION AUXILIARY - Unit 470 Fishers, IN
ARTICLE I - EXECUTIVE COMMITTEE
Section 1. Between meetings, the government and management of this Unit shall be entrusted to the Executive Committee and all proceedings of said committee shall be presented to the Unit at the next meeting for approval.
Section 2. A vacancy existing in the Executive Committee from 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 whom she succeeds.
Section 3. A majority of the members of the Executive Committee shall constitute a quorum.
Section 4. Special meetings may be called by order of the President, or on written or electronic request of at least three (3) members of the Executive Committee. Uniform notice of such special meetings shall be given to all members of the Executive Committee; and, except in extreme emergency, shall be given at least forty-eight (48) hours in advance. At special meetings only business specified shall be transacted.
ARTICLE II - DUTIES AND POWERS OF OFFICERS
Section 1. Duties of the Unit President: It shall be the duty of the President to preside at all meetings of the Unit and the 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 there of 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 the order named 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.
Section 2a. The Second Vice President of Unit 470 shall be the Entertainment Chairman.
Section 3. Duties of the Secretary – It shall be the duty of the Secretary to receive and answer official mail under the direction of the President; to keep on file, in a comprehensive manner, copies of all correspondence sent and received; and to send and give notice of all meetings. It shall be the duty of the Secretary to record the proceedings and transactions of all meetings of the Unit; and to keep all books, papers and records that are needed to carry on the working of the office and care for the archives of the Unit. The Secretary is hereby vested with such authority as it is necessary to carry out the duties of the office successfully for the good of the American Legion Auxiliary.
Section 4. Duties of the Treasurer – It shall be the duty of the Treasurer to receive all monies belonging to the Unit and account for them. The Treasurer shall pay the bonding fee as determined by the Department Office. The Treasurer shall maintain two (2) separate funds, namely a General Fund, and Poppy Fund. All Poppy donations shall be placed in the Poppy Fund and be used to assist the Veteran and his/her children. The Treasurer shall keep an accounting of the receipts and expenditures, making an annual report thereon and such other reports as may be deemed necessary by the Unit Executive Committee. The accounts shall be audited annually. All current bills shall be paid before transferring all funds, books, vouchers and papers belonging to the Unit to the successor.
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 meetings of the Unit; the advancement and retirement of the Unit colors and POW/MIA flag, and such other duties as 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, and to notify Department of any deceased members on a monthly basis. Chaplain will send get well cards for illnesses or surgeries to Post 470 ALA members and upon the death of a Post 470 ALA member (to their family), members spouse, child, sibling, or parent will send a memorial card and gift up to $25 to the member. Chaplain may also be asked to send same items to other Post 470 members as seen fit and requested by the President and officers.
Section 8. The appointive officer shall be the Unit Parliamentarian. The Unit Parliamentarian shall, when requested, advise on any questions of Parliamentarian procedures.
Section 9. Where deemed necessary, a Recording Secretary and a Corresponding Secretary may be elected to carry on the duties normally performed by the Secretary.
Section 10. The Office of Secretary may be combined with that of Treasurer and called "Secretary-Treasurer”.
Section 11. All books, papers, and records shall be retained by the Auxiliary indefinitely or no less than seven (7) years.
Section 12. At time of newly elected officers, all books are to be turned over to the new officers.
ARTICLE III - Dues
Section 1. The annual membership dues of this Unit shall be paid annually or for life and shall include the Department and National per capita. Dues are payable annually; beginning July 1 to September 15 for early-bird payments. All dues are to be paid by December 31.
Section 2. A member failing to pay annual dues, including the Unit, Department, and National assessments by January 31, shall be classified 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 the delinquency shall automatically be dropped from the rolls and may be reinstated by only paying back dues or by reestablishing eligibility and making application as a new member.
ARTICLE IV - Unit Meetings
Section 1. The regular meetings of the American Legion Auxiliary, Unit 470, Fishers, IN shall be held on the first Monday of each month, unless otherwise specified, and shall be called to order at 6:30pm.
Section 2. An annual meeting of this Unit shall be held in the month of May of each year for the purpose of electing officers and receiving annual reports.
Section 3. Special meetings of this Unit may be called by the President, by a majority of the Executive Committee, or upon written request of three (3) members of the Unit.
Section 4. Five (5) members shall constitute a quorum at any meeting of the Unit.
Section 5. Electronic meetings and voting may be held during an emergency situation or at any time a Unit’s officers deem necessary. Notification of an electronic meeting and/or voting must be sent to each member of the Unit via email or regular mail if no email address is available and shall contain an agenda and any documents that participants will need to reference in advance so that participants can follow the flow of the meeting and/or voting procedure. Minutes of the electronic meeting must be created as well as recording the motions and votes.
Section 6. There shall be an American flag and an American Legion Auxiliary flag displayed at all Unit meetings.
Section 7. There shall be a POW/MIA flag displayed in a place of honor at all Unit meetings until there are no longer any POW/MIAs.
ARTICLE V - Committees
Section 1. A Unit Executive Committee which shall consist of the Unit Officers, the retiring Unit President, and two additional members elected at large by the Unit. The Parliamentarian shall be ex officio, a member without vote.
Section 2. Past Presidents in good standing in Unit 470 shall attend Executive Committee meetings for life. They shall receive the official call to meetings and may participate in the committee deliberations. They shall have no vote.
Section 3. A vacancy existing in the Executive Committee from any cause other than expiration of term shall be filled by a majority vote of the entire Executive Committee. A person so elected shall hold the office for the unexpired term of the member she succeeds.
Section 4. The Unit shall have the following Core Committees: Americanism, Children & Youth, Constitution and Bylaws, Membership, National Security, Audit, Veterans Affairs and Rehabilitation, and such other mission and member/organizational support committees as provided in the Standing Rules: It will be the responsibility of the Unit members appointed to these standing committees to oversee programs assigned to them, to complete any reports and submit them through the Unit Secretary before the due dates.
Section 1. Officers for American Legion Auxiliary, Unit 470, Fishers, IN, shall be nominated in April, elected in May, and installed in June prior to Department Convention. Officers shall assume their respective offices in June, upon completion of their installation.
Section 2. Elections shall be by ballot, and a majority of the votes cast shall be necessary to elect. An exception shall be made when the number of nominees does not exceed the number to be elected. In such case, election shall be by declaration. To be eligible to participate in the annual May election of Unit officers, an individual must be a member in good standing, and shall be carded by the Sergeant-At-Arms at the May meeting prior to elections.
Section 3. A vacancy existing in any elective office other than the President, for any cause other than the expiration of term of office, shall be filled for the unexpired term by a majority vote by the remaining members of the Executive Committee. In case of a vacancy due to resignation, removal or for any cause other than expiration of term of President, the vacancy shall be filled by the First Vice President or Second Vice President in order named. In the event that a Vice President cannot fill the position of President, the office shall be filled by a majority vote by the remaining members of the Executive Committee for the unexpired term.
Section 4. All nominated and elected officers shall be members in good standing with the American Legion Auxiliary, Unit 470, Fishers, IN.
Section 5. All records and papers pertaining to the office held shall be turned over to the newly elected officer immediately following installation or at the Close of Books, whichever shall occur first.
ARTICLE VII - Delegates
Section 1. Delegates and alternates to the Department of Indiana Convention shall be the newly elected President and Secretary. The First Vice President will be the designated alternate. In the event that they cannot attend, or there is a need for more than two delegates, delegates can be elected at a Unit 470 meeting duly called for that purpose not less than three weeks prior to the convention. Alternates shall have priority in the order of their election. One delegate plus one additional delegate for each one hundred members or major fraction thereof whose current dues have been paid and received by the Department thirty (30) days prior to Convention. Each delegate shall be entitled to one vote. Delegates and Alternates elected shall have expenses paid as governed by the Unit Bylaws and Standing Rules if the Treasury allows.
Section 2. Other unit members who have dues paid may attend the convention as a guest, without voting privileges. If the convention is held in the Indianapolis area, the Unit will not reserve a room. Funds permitting, the Unit will pay for registration fees, luncheon and dinner if desired by the delegates, alternates, and guests. If the convention is held outside of the local area, funds permitting, the Unit will pay for one room rent and above expenses for delegates who attend the convention who will have a vote.
Section 3. Any other conferences or expenses will be considered and voted on at a regular Unit meeting.
ARTICLE VIII - Transfers
Section 1. Transfer of membership from one Unit to another in the Indiana Department shall be upon application of the member to, and accepted by, the other Unit, in conformity with National and Department Constitutions and Bylaws.
ARTICLE X - Discipline/Liabilities
Section 1. For any violation of the Unit, State, or National Constitutions, or for conduct improper and prejudicial to the welfare of the Auxiliary of 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 have been given at least fifteen 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 nor 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 XI - 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 XII - Dissolution of Unit
Section 1. A two-thirds (2/3) vote of members present at a regular meeting is needed to relinquish the Unit Charter, with advanced written notice to the membership.
Section 2. All Unit records and remaining monies shall be immediately forward to the Department Headquarters.
ARTICLE XII - Amendments
Section 1. These Bylaws may be amended by a two-thirds (2/3) vote of the members present at the 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. These Bylaws shall be automatically amended to conform to the National and Department Constitutions and Bylaws and standing rules of the American Legion Auxiliary.
ARTICLE X1II
Officers and members of the American Legion Auxiliary are forbidden by National Convention resolution for circularize or distribute the names and address of any Unit members of the American Legion Auxiliary except in carrying out the duties of their offices. The list of members with their addresses should NEVER be given to another organization or commercial firm.
Dated:____________________________________________
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Rhonda Cree, President
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Amanda Prince, Secretary