CONSTITUTION

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 a d 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 the organizations hall be American Legion Auxiliary, of McMinnville, Unit #21, Department of Oregon.

Article II - Nature

Section 1:  The American Legion Auxiliary Unit #21 is a civilian organization of families

Section 2:  The American Legion Auxiliary shall be non-political of any person seeking public office or any appointive remunerative office in the Department of Oregon, Unit #21 or any Unit thereof provided that members of the Unit, Department of National standing or special committees shall not be affected.

Article III - Object

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 Auxiliary is determined by The American Legion.  Membership is limited to the following:

1. grandmothers, sisters, spouses, and direct and adopted female descendants of members of The American Legion; and
2. grandmothers, mothers, sisters, spouses, and direct and adopted 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 or after honorable discharge; and 
3. to those 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

1. Senior membership shall be composed of members over the age of eighteen years; provided, however, that a wife/husband under the age of eighteen years, who is eligible under Section 1 of this article, shall be classed as a Senior member.
2. 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.  
3. Dues for both classes shall be paid annually or for life.
4. 
   

Article V - Unit Officers

Section 1:  The Unit shall elect annually a President, Vice President, Secretary, and Treasurer.  Appointed positions include Membership, Sergeant at Arms, Chaplain and Historian, and 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.

Article I - Duties 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; 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 they deem 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 Vice President shall, when called upon, assist the President and in their absence, perform their duties, and shall succeed their 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 them by their President.  To send monthly meeting minutes to available email addresses of members.

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 accent for them.  They shall maintain one general fund, with recording of committed funds etc.  They shall keep and account all receipts and expenditures, making a monthly report thereon and such other reports as may be deemed necessary by the Unit.  Their accounts shall be audited annually.  They shall pay all current bills before transferring funds, books, and papers belonging to the Unit to their successor.  There must be a minimum of 2 signatures on Unit checks written.

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 perform such other duties as the President may direct.

Section 6:  Duties of the 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 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:  Duties of the Membership:  It shall be the duty of Membership Coordinator to track new and existing members.  To coordinate with the Treasurer to handle incoming dues and monies sent to ALA State for membership.  To keep a record of names and addresses of the members; send upcoming birthday information to Post Adjutant.  Communicate with members of dues owed, change of address, transfers, and name changes.

Section 9:  The office of Secretary may be combined with that of the Treasurer or Membership and be called “Secretary-Treasurer” or “Secretary-Membership”.

Section10:  Eboard, will consist of all elected and appointed officers.  And will meet when deemed necessary by the unit President.

Article II - Dues

Section 1:  Membership runs June to March to be paid for the upcoming year.  (Ex:  Payment in 2024 after June 30th are for 2025 dues).  The annual membership dues of the Unit shall be $40,00 for Seniors and $8.00 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 June 30, shall be classed as delinquent and shall be suspended form all membership privileges provided, however, such suspended member shall be notified in writing, phone or email by the Secretary or assignee of the Unit of such suspension prior thereto.  Any member delinquent to March 31 of the year of the delinquency shall automatically be dropped from the rolls and may be reinstated by re-establishing eligibility and making application as a new member.  Members may opt to pay back due to complete continuous years.  All American Legion families will be notified of dropped membership.

Article III - Unit Meetings

Section 1:  The regular meeting for 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 annual reports.

Section 3:  Special meeting of the 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 constitute a quorum at any meeting of the Unit.

Article IV - 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 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.  Alternatives shall have their priority in order of their election & paid, active members.

Section 3:  All officers shall be elected annually at a meeting duly called for that purpose.

Section 4:  The first slate of nomination for offices will be in the month of February; 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.  All elected officers assume their duties as soon as elected, at the close of the meeting or convention at which they were elected, or as provided for in the Bylaws.  Installation is not necessary to assume the duties of the office.

Section 5:  Nomination will be by voice, and/or paper and given to the nomination chairman.

Article V - Committees

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

Article VI - Transfers

Section 1:  Transfers of membership 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 the office by two-thirds of the vote case 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 or group of members shall subject the Unit to liability without authorization of the Unit.

Article VIII - Parliamentary Authority

Section 1:  The Unit organization should 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 the 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 is mandatory.

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 resolution.  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 Treasurer, Unit President and Unit Secretary are authorized to sign checks for disbursement of undos from the Unit treasury.  All checks 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. American Legion Auxiliary Unit 21 is not responsible for any damage, accident or personal injury arrived from representing Auxiliary Unit 21.
4. Absence of officers approved or unapproved more than 3 meetings in a row, may be removed from their duties.
5. to be PIC (Person in Charge) of a function, members must be up to date on dues and active in meetings and activities.
6. Members attending Convention must be active and participating in a majority of activities for the Auxiliary.
   1. Delegate(s) must attend all meetings (unless pre-approved by Unit Officers)
   2. Monies given to Delegates for Convention may only be utilized for Convention expenses. (Lodging no, Convention dinners).
   3. Receipts for expenses will be required and any excess monies returned to Unit 21.  
   4. No more than 4 Unit members will receive compensation.
7. Unit 21 may sponsor a Girl/Boy Scout Troop or Pack using Unit 21 EIN number.  Troop/Pack must have its own bank account and hold harmless Unit 21 in all aspects.
8. Unit members must have pre-approval (noted in meeting minutes or other written form) before buying any items that require reimbursement.
9. Bingo (using Post 21 Legion EIN #) will give 15% of bingo proceeds to Unit #21 Auxiliary monthly.
10. Scholarship funds may be used by vote on resources other than gifting directly to student applicants (i.e. trade schools, trade practice in high schools, funding for trade businesses who hire qualified candidates for supplies etc)