CONSTITUTION AND BYLAWS
OF
AMERICAN LEGION AUXILIARY
Lopeman-Potts Unit 67 Inc.
Department of Maine
25 Depot St.
Bridgton, Maine 04009
Proposed June 12th 2023
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 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.
CONSTITUTION
ARTICLE I – NAME
The Name of this organization shall be American Legion Auxiliary Lopeman-Potts Unit 67, Inc., Department of Maine.
ARTICLE II – NATURE
Section 1: American Legion Auxiliary Lopeman-Potts Unit 67, Inc., is a civilian patriotic service organization that supports the mission of The American Legion.
Section 2: American Legion Auxiliary Lopeman-Potts Unit 67, Inc., shall be absolutely nonpolitical and shall not be used for dissemination of partisan principles nor for any promotion of the candidacy of any person seeking public office or preferment.
ARTICLE III - OBJECT
The object of the American Legion Auxiliary Lopeman-Potts Unit 67, Inc., Department of Maine, shall be as stated in the Preamble to 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 for 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, Secretary, Treasurer, Chaplain, Historian, Sergeant-at-Arms, Assistant Sergeant-at-Arms who shall serve until their successors are duly installed or as otherwise provided.
(or a combination of some of these officers.)
ARTICLE VI – EXECUTIVE COMMITTEE
There shall be an Executive Committee, which shall consist of all officers and two 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
The fiscal year shall be the same as that of the Department.
ARTICLE VIII – AMENDMENTS
Section 1: This Constitution may be amended by two-thirds (2/3) vote of the members at a regular meeting, provided the proposed amendment shall have been read at the previous meeting.
Section 2: Amendments not having been read at the previous meeting 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.
BY-LAWS
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 on the Executive Committee, from any cause other than 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 succeeded.
- Any Officer missing three (3) consecutive meetings without reporting that absence prior to said meeting and that absence being of a ligament nature, may be removed from office.
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 – MEMBERSHIP
Section 1: There shall be two classes of membership. Senior and Junior.
- Senior membership shall be the functioning, or active group, composed of members over the age of eighteen (18), however that a spouse under the age of eighteen who is eligible shall be classified as a senior member.
- Junior membership shall consist of that group under the age of eighteen (18) years of age whose activities shall be supervised by the Senior membership.
- Junior Members shall be automatically granted full Senior membership upon their eighteenth birthday.
Section 2: No candidate for membership shall not be admitted unless said member has been voted on and accepted by a simple majority of the membership.
Section 3: The application for membership for any eligible person (Constitution ARTICLE IV) shall be read at the first (1st) regular meeting following the receipt of said application.
ARTICLE III – 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 Unit Executive Meetings; to enforce strict observance of the Constitution and Bylaws; to appoint members of Standing Committees; to create such other committees and appoint members thereof as deemed advisable; to perform other such duties as custom and parliamentary usage required and to appoint all officers not otherwise provided for.
Section 2: Duties of the First Vice President – The First Vice President, Shall when called upon in assist the President and if absent, perform the duties of the office and shall succeed to the office in case of death, resignation or removal.
Section 3: Duties of the Second Vice- The Second Vice Officer shall make themselves familiar with Nation, Department and Unit Constitution and By-Laws. He or she shall rule on any conflict arising at a Unit Meeting pertaining to the Constitution and By-Laws.
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 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 directed by the President and to notify Department of any deceased members on a monthly basis.
Section 6: Duties of the Historian – It shall be the duty of the Historian to compile the historical records of the Unit and to 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 meeting of the Unit and to perform such duties as may be requested by the President. The Sgt at Arms shall be the keeper of the colors and be in charge of all ceremonial protocol.
ARTICLE IV– DUES
Section 1: The annual Senior membership dues of the Unit shall be six dollars above combined national and Department dues. The annual dues of the Junior membership shall be equal to the combined National and Department dues.
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 V – UNIT MEETINGS
Section 1: The regular scheduled meeting of American Legion Auxiliary, Lopeman-Potts Unit 67, Inc., shall be held once a month on the first Tuesday of the month. Meetings may be changed by a vote of members present at the prior meeting An Executive Committee meeting when called for by the Unit President .
Section 2: The number of members of a Unit that shall constitute a quorum at any regular scheduled meeting of the Unit shall be six (6), three of which shall be the Unit President, Treasurer, and Secretary as well as three general members.
Section 3: Special meetings of the Unit may be called by the President, by a majority of the Executive Committee, with the President notified, or upon written request of three (3) members of the Unit.
Section 4: Electronic meetings and voting may be held during an emergency situation or at any time the 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.
ARTICLE VI – ELECTION
Section 1: Elections shall be held annually. In order to participate in the election of the Unit Officers, a member shall have paid dues for the current fiscal year within which the election is held.
Section 2: Elections shall be by ballot, and a majority of the votes cast shall be necessary with the nominee declared. If there is only one person nominated for an office the ballot may be dispensed with and that nominee declared a winner by one vote to be cast by the Unit Secretary.
Section 3: All Officers and Executive Committee members shall be elected at a meeting duly called for the purpose not more than ninety (90) days prior, nor less than fifteen (15) days prior, to Department Convention
Section 4: The Unit shall notify the Department Secretary of the names and addresses of such newly elected officers, not less than ten (10) days prior to Convention, certification to be made on forms furnished by Department.
Section 5: Vacancies in office between annual elections shall be filled by the Executive Committee.
Section 6: Delegates and Alternates to District Constitutional Conference, or Department Convention shall be elected not less than two (2) weeks prior to the Conference or Convention. Alternates shall have priority in the order of their election.
ARTICLE VII – COMMITTEES
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 as my be deemed necessary.
ARTICLE VIII – TRANSFERS
Transfer of membership from one Unit to another in the Department of Maine shall be upon application of the member to, and acceptance by, the other Unit, in conformity with National and Department Constitution and Bylaws.
ARTICLE IX – DISCIPLINE
Section 1: For any violation of the Unit, Department, or National Constitution, or for conduct improper and prejudicial to the welfare of the Auxiliary or The American Legion, any member may be expelled from membership or any officer may be removed from office by a two thirds (2/3) 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 (15) days’ notice in writing by the Unit Secretary of the charges and the hearing thereon. Both parties may have the right to appeal to the Department Executive Committee, and their action thereon shall be final. The expenses of the said appeal shall be borne by the appellant.
Section 2: No member, or group of members, shall subject this Unit to liability without authorization of the Unit.
ARTICLE X – PARLIAMENTARY AUTHORITY
The Unit organization shall be governed by “Robert’s Rules of Order, Newly Revised” on all points not covered in National and/or Department Constitution and Bylaws.
ARTICLE XI – AMENDMENTS
Section 1: These Bylaws may be amended by two thirds (2/3) vote of the members present at a regular meeting, provided the proposed amendments shall have been read at a 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 automatically be amended to conform to the National and Department Constitution and Bylaws and Standing Rules of the American Legion Auxiliary.