District Two Constitution & Bylaws
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 association in all wars; to inculcate a sense of individual obligation to the community, state and nation; to combat both the atrocities of the classes and the masses; the make right the master of might; to promote peace and good-will on earth; to safeguard and transmit to posterity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness (Preamble to the American Legion National Constitution)
ARTICLE I-Name
Sec.1 This organization shall be known as District Two, The American Legion, Department of Maine.
ARTICLE II – Objective
Sec. 1. The objects of the organization shall be to promote acquaintance among the members of the American Legion within the District and State; to co-ordinate the activities of the Post of the District through conferences and exchange of ideas; to provide a means of co-ordinate expression for the posts of the District; and to perform all functions of the District as provided by the Constitution of the American Legion Department of Maine.
ARTICLE III- Membership
Sec. 1. Membership in this organization shall be through the affiliation of local Posts. Each active American Legion Post in District Two shall be a constituent member and shall be included within the active directing forces upon election of delegate to the District Two
ARTICLE IV-Delegates
Sec 1. Any member of any Legion Post in the District Two shall be entitled and are encouraged to attend any meeting of the District, and all Legion members shall be entitled to be heard in all matters that come up for discussion at the District Two meetings
Sec. 2. Each Legion Post in District Two shall be entitled to up to three official delegates to represent their Post at District meetings. (see bylaw IV)
ARTICLE V-Officers.
Sec 1. The Officers of the District shall consist of a Commander, a Vice Commander, an Adjutant, a Chaplain, a Finance Officer, a Service officer, an Americanism Officer, a Sergeant-at-Arms, and such other officers as the District Delegates may determine.
Sec 2. The duties of such officers shall be those usually performed by officers of similar character in the local Post and as indicated in Bylaws V.
Sec. 3. The Officers of the District may be assigned other duties and responsibilities at the discretion of the District Commander.
Sec. 4. All District Officers, except for the Adjutant and Finance Officer, shall hold their Elected Office for no more than three (3) consecutive years (not retroactive).
ARTICLE VI – Election of Officers
Sec 1. All Officers of the organization shall be elected each year as follows (see Bylaw VI):
1. Nomination of Officer shall be held at the first District two meeting of the calendar year
2. Election of Officer shall be held annually at the April Meeting.
3.. Those elected Officer (s) shall be installed at the June meeting and shall hold that office until the next annual meeting ( election and instillation), or, until their successor has been duly elected and Installed
ARTICLE VII - Removal of Officers
Sec 1. Removal of Officers shall follow Department of Maine Guidelines and procedures and bylaw VII.
ARTICLE VIII - Voting
Sec 1. The election of all Officers and all business questions shall be determined by the majority vote of Official Delegates present, provided that there is a quorum for the transaction of business. (see Bylaw VIII)
ARTICLE IX - Standing Committees
Sec. 1: The following shall be standing Committees:
1. Executive Committee
2. Finance Committee
3. Bylaws Committee
4. Membership Review Committee:
Sec. 2. The Executive Committee (EC) shall be composed of District Two Officers. It shall be the duty of the EC to work with the Department of Maine in securing the attention of the local Posts in important issues or questions, and to promote in every way possible the effectiveness of the local Post.
Sec 1. An annual assessment shall be levied upon each Post in District Two in the amount prescribed by the Finance Committee for the following year cycle.
ARTICLE XI Meetings
SEC 1. The Schedule and Frequency of District Meetings will be prescribed by the District Commander. (and as provided in Bylaw XI)
SEC 2. Each Post in District Two should provide delegates to all Scheduled meetings.
ARTICLE XII – General
SEC 1. The Articles and Bylaws of District Two shall be guided by the National Constitution and Department of Maine Constitution and Bylaws and shall when the above are amended be considered to supersede and govern the District Two Article (s) and bylaw (s) until such a time as they may be amended.
SEC 2. Any Articles not covered by the District Two Constitution Articles and Bylaws shall be governed by the Department of Manie Constitution and Bylaws.
ARTICLE XIII- Amendments
SEC. 1. District Bylaw Amendments in General: A majority of Delegates voting in person is considered a quorum for issues to be voted upon at the general meeting except for Articles and Bylaws amendments. Amendment issues require two-thirds of the total Delegates present at the meeting by live vote of approval plus a two-thirds vote of approval from the Executive Committee.
Sec 2. A permanent record of all changes and amendments to the District Constitution shall be dated and affixed to this document.
Sec. 3 The District Constitution and by-laws shall be reviewed on at least a triannual basis
commencing in 2021.
ARTICLE XIV - Robert’s Rules
SEC. 1. On any matter not covered in the Articles or Bylaws, Robert’s Rules of Order will prevail. Except as otherwise provided by the Articles or these Bylaws, all meetings of this Association shall be conducted in accordance with Robert’s Rules of Parliamentary Procedure. Any question regarding procedure of any meeting shall be decided upon by the Executive Committee after reference and guidance to the above referenced Rules. All Executive decisions
are final.
Bylaws
Preamble:
SEC 1. The Preamble to the Constitution of the American Legion shall be recited as part of the open ceremonies at all American Legion Meetings.
Bylaw I
(Blank)
Bylaw II
(Blank)
Bylaw III – Eligibility
SEC 1. See “Legion Act of July 30th ,2019 for specifics.
Bylaw IV- Delegates
Sec 1. The right to vote shall be limited to those District Two, Post Delegates present at the meeting. (see Article IV)
Sec 2. . Such Post delegates to the District meetings should to the extent possible, be a member of the Post Executive Committee and capable of speaking for the Post.
Sec. 3. The number of delegates from each District two Post shall be limited to no more then three. Additional Post members my attend District meeting in a non-voting capacity.
Bylaw V- Officers
SEC 1: Commander:
1. Shall be the District Two Representative to the American Legion Department of Maine Executive Committee (DEC) and represent the District Two in matters before the DEC.
1. Establishes the goals of the District for the coming year
2. On or before the 1st of October of each year, it shall be the duty of the District Commander to have printed and distributed to each Post and Department, a schedule of District Two meetings stating when and where such meetings are to be held.
3. Preside over all District Meetings and Functions.
4. Encourage Post within District Two to complete and submit all external reports to Department and National in a timely manner.
SEC 2: Vice Commander:
- Chair the District Membership Committee.
- Preside over District Two functions in the absence of / or the inability of the Commander to perform his duties as the District Commander.
- In the absence of the District Commander, represent District Two at the Department of Maine Executive Committee (DEC).
- Complete other such duties as designated by the District commander.
SEC 3: Adjutant:
1. Is responsible for all correspondence internally and externally in District matters and shall draft such response when necessary for the Commanders Signature unless the Adjutant has signature authority for specific correspondence.
2. Generate a District level membership and administrative status reports for review at membership meetings
3. Liaison with District Post on matters of recognition and awards.
4. Keep the minutes of each District Meeting and report out the same at the next meeting of the District.
5. Keep a record of all District Administrative items including but not limited to:
1. Correspondence
2. Minutes of all regularly convened and special meetings
3. Copies of all written reports to the District, including Financial reports.
4. Copies of Post reports to the District
5. District newsletters
.SEC 4: Finance Officer: Is responsible for financial health of District Two and shall:
1. Chair the Finance Committee.
2. Provide a written statement to the Commander reporting the finances of the District at each meeting.
3. Keep a copy of these reports for review and audit when required.
4. Based on the goals of the Commander and the District Executive Committee work with the District Finance Committee to establish a proposed budget for the year.
5.. Except for normal preapproved expenditures or acquisitions, all financial projects shall be approved by the District Executive Committee upon the advice of the Financial Committee
SEC 5: Service Officer:
1. Provide a liaison as needed between the Department and Post Service Officer (PSO).
2. Provide status reports at the District meetings of any assigned issues.
SEC 6: Americanism Officer:
1. Shall coordinate all aspects of the District’s National Youth Programs and brief the Membership on the status of such programs
2. Shall annually prior to the Dept. of Maine Oratorical Program competition, administer and conduct a District wide selection of the Oratorical Candidate representing District Two. The results of this competition will be forwarded to the Dept, of Maine Americanism Officer and Adjutant in the proscribed time.
3. Shall be the point of contact on all matters of U S Flag etiquette in the District.
SEC 7: Chaplain:
- Oversee and coordination with District Two Sgt. at arms for the annual Memorial Post Everlasting Ceremony.
- Send appropriate correspondence to District Two members who are in need of condolence or health wishes.
SEC 8: Sgt-at Arms:
1. Provide a secure environment at District Two meetings
2. Arrive in a timely manner prior to the designated meeting time to: Coordinate with the host Post for the set- up of the meeting area with the host Post to include appropriate
1. Seating
2. Lectern
3. POW/MIA Chair/table
4. Provide appropriate support at District ceremonies
3. Is the keeper of District Two flags and Banners
Bylaw-VI – Election of Officers
SEC 1: A non-standing committee constituted annual at the Fall meeting. The Officer Nomination Committee shall consist of two Officers from the District Two Executive Committee (other than the Commander), and three Delegates from the District Post and shall convened for the purpose of nominating a slate of Officers for the following year cycle.
1.. Such nominations must be made in a timely manner to allow to produce written ballots in support of Article VI.
2. Nominations from the floor may be made prior to the actual election.
3. Individuals can self- nominate
SEC 2. The number of District Officer that can be elected from each District Two Post shall be limited to no more than two (2) Officers in order to provide for a broad range of Post representation in the District.
Bylaws VII – Removal of Officers
SEC 1 Removal of Officers from a District Two Executive Committee may be accomplished under the following circumstances in compliance with Department policy:
1. Member resigns form their position
2. Member does not maintain current Post Membership (lapsed)
3. The Absence of an Officer from three (3) consecutive regular meetings of District Two without an excused absence, previously approved by the Commander, may be reason to declare the Office position to be vacant. At such a time the delegates may proceed to fill the vacancy.
4. Any District Two Officer may be removed from their respective positions for cause, for abuse of position, for conviction of any felony, for commission of misdemeanor involving narcotics, scheduled drugs, or substances, or other acts or conduct, otherwise prejudicial or not in the best interests of or the furtherance of the purposes of this organization.
1.All removals shall be conducted in accordance with the procedures established by the Department of Maine Constitution and Bylaws.
2. Such consideration for removal may constitute a need for an unscheduled District Executive Committee meeting depending on the circumstances.
SEC 2. The District Two Executive Committee may be tasked by the Department to investigate allegations of misconduct at the Post Leadership level and make recommendations to the Department (DEC) for resolution.
Bylaw VIII-Voting
Sec. 1. A quorum of District Two Post Delegates shall be necessary to hold an official vote on matters before the District Two meetings. (see delegates Article VI)
Sec 2. Quorum: The District Two Adjutant ( or in the absence of the District Adjutant, a designated District Officer) shall conduct a rollcall of District Two delegates present at the beginning of each meeting to determine if a quorum does or does not exist,
1. Before voting on any question, the District Adjutant (or the designated representative) shall announce the status that a quorum is present or not.)
2. A quorum of the Executive Committee shall be one more than half of the District Officers so installed by the District.
3. A quorum of District Two Post shall be one more than half of the number of Post currently active in the District. (The term Active shall mean: the District Two post is in good standing with the Department of Maine and shall not be considered active if their Post charter is suspended and / or are under the administrative control of the Department of Maine at the time of the meeting.)
SEC 3. All District Officers shall be elected by written ballot , and the person receiving the most votes for any office shall be declared elected.
1. The exception to the above policy shall be that if all Candidates on the slate are running unopposed, then an affirmation vote cast by the District Adjutant will suffice.
SEC 3. General Voting: On all matters other than Amending the District Constitution and bylaws a simple majority vote of delegates present shall be sufficient to pass a motion.
- In the case of Amendments to articles and bylaws a quorum of delegates must be present, and a 2/3 majority of delegates present shall be necessary for an amendment to pass.
Bylaw IX: Committees
SEC 1: The Executive Committee Shall be made up of District Two Officers (Article IX):
1. The District Two Executive Committee may meet more frequently between Official District to conduct the business of the District as needed that would be considered as an unscheduled and of an emergency nature.
2. Otherwise, shall meet in accordance with an annual schedule provided by the Commander for District meetings.
1.. The Executive Committee if warranted may meet on the same schedule as the regular meetings prior to the regular meeting.
3. A Quorum of the Executive Committee must be present to conduct business
4.. The Proceedings and result of all meeting shall be recorded and unless the results are of a classified nature, reported to the District at the next regularly convened meeting. If the information is classified or personnel, then a synopsis of the meeting will be provided.
Sec 2. Financial Committee:
- Shall meet at least annually and review the Finances of District Two on an Annual Basis and submit a proposed district budget at the May annual meeting that will support the needs and goals of the District.
- Review the Budget periodically as needed to make adjustments to support the programs and goals of the District.
- Make recommendations to the District Executive Committee to shift (or reassign) unused/ uncommitted funds as needed to support said programs and goals.
4. Meet annually to determine the dues assessment for each Post based on their respective membership. (See Article X)
5. Conduct or recommend fund-raising evets to support the District.
6. Make up of this Committee shall be the District Finance Officer (Chair) and at least two other Post Finance Officers as selected by the Executive Committee.
Sec 3. Bylaws Committee:
1. Shall be made up of the District Adjutant as chair of the Bylaws Committee and two or more District Post Officers, preferably Post Commanders
2. Shall meet at least triennially to review the Bylaws of the District and make a report out of finding to the Executive Committee.
3. Shall comply with Bylaw XII in its administration of proposed changes to the Articles and Bylaws.
4. The Bylaws Committee is the final interpretation of any Bylaw in dispute.
Sect 4: Membership Review Committee:
1. Composition of the membership committee shall be the District 1st Vice Commander, District Adjutant and one or more designated Post Officers
Bylaw X – Assessment
Sec 1. A part of the budget process, an annual assessment may be levied on each Post based on their previous year’s membership numbers. This assessment will be reviewed annually and recommendations as to amount (minimum and maximum totals) made to the Executive committee at the April Meeting.
Sec 2. The Executive Committee will review the Finance Committee’s recommended assessment and make recommendation as to the approval of the Proposed Annual Budget.
Bylaw XI- Meeting
SEC 1. The District Two Meetings will be characterized as Regularly Scheduled, Unscheduled (Emergent) or Electronic.
1. To the extent possible for regularly scheduled meeting, consideration should be given to allow the American Legion District One Auxiliary to cohost and participate in the venue at the same location.
2. To the extent possible, the Joint Districts meeting should be held at various Post locations in the District that can accommodate the venue and provide for a diversity of locations so that Post may be represented in the District.
SEC 2. Unscheduled or Emergent meetings: Any Executive Committee member may request that a meeting be held, and any four EC members may cause a meeting to be held.
1. If an unscheduled meeting is held, adequate and timely notice of such meeting and the topic of such meeting shall be given to the remaining EC Members.
2. If, for whatever reason, an Executive Committee member is unable to attend an unscheduled meeting, the EC Member shall be furnished with adequate information on the issue at hand in order that they may provide opinion on the matter.
3. For unscheduled meetings, Only the topic that brought about the meeting shall be discussed and or resolved.
4. Five EC Members, one of whom shall be the Commander, or if absent, the Vice Commander, are necessary for a quorum for an unscheduled meeting, on any issue designated to be voted upon by the Articles or Bylaws as requiring a quorum of Directors for resolution,
Sec 3. Electronic Meetings of the District Two Board of Directors: In the event of a declared Federal or State Emergency that precludes the Board of Directors from meeting in person, the Board has the option of meeting via an electronic social/business media platform provided that a quorum of the Board membership can meet online on that platform. Such meetings will conform to the normal order of business for a Board of Directors meeting.
Bylaw XII: Amendments
SEC. 1. District Two Articles and Bylaws may be amended via the following procedure:
1. All amendment proposals, from whatever source, shall be forwarded and reviewed by the Articles and Bylaw’s Committee.
2. After review by the Committee, and Committee chair, a report shall be forwarded to the Executive Committee with:
1. A Committee position report regarding the proposed amendment.
2. Expected impact on the proposed amendment.
3. Upon receipt of the proposed amendment(s) by the Directors and the accompanying reports, the Directors shall prepare a description of the proposed amendment to be sent to the District Post Commanders to share with Post Membership.
SEC. 2. Types of Amendments:
1. Procedural: amendments dealing with procedural matters may be amended after the proposal is reviewed by the Articles and Bylaws Committee and reported to the District Executive Committee and approved by that Committee
2. Substantive: Amendments dealing with substantive matters will be forwarded to the next regularly convened District Meeting for a Delegate Vote before the Amendment is implemented.
1. Such substantive Amendments to Article and Bylaws shall require that a quorum of delegates be present and a 2/3 vote for approval.
(see bylaw VII SEC. 3.1)
3. To the extent possible a 30-day notice shall be given to the District Post when substantive issues are to be voted on.
4. The District Two Adjutant will to the extent possible provide a 30-day notice by forwarding a copy of the proposed amendments to the Post Commanders of District Two for review, comment, and dissemination within their respective Post.
Sec 1: Except as otherwise provided by the Articles or these Bylaws, all meetings of this Association shall be conducted in accordance with Robert’s Rules of Parliamentary Procedure. 1. Any question regarding procedure of any meeting shall be decided upon by the Executive Committee
2. After reference and guidance to the above referenced Rules. All Executive decisions are final.