Proposed Amendment 2019-CA-10

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A proposed change to the State Constitution and Bylaws, Article VII, Section 1, subsection c, which now reads:

“The Vice Commanders shall perform such duties as may be required of them by the Department Commander or the Department Executive Committee.  For the purpose of administration by the Vice Commanders, the various Districts shall be grouped into “Zones” as follows:  Zone 1 – the 1 and 16 Districts; Zone 2 – the 2, 3, 4, and 5 Districts; Zone 3 – the 6, 7, 8, 17 and 18 Districts; Zone 4 – the 9, 10 and 19 Districts; Zone 5 – the 11 and 12 Districts.  The Vice Commander representing each “Zone” shall represent the Department in the Districts comprising the “Zone” from which he was elected, and it shall be his duty to attend all District Conventions within his “Zone”, so far as possible, and to initiate construction programs and policies for the furtherance of the interest of the Posts therein.  Immediately upon their installation, they will elect one of their group as Chairman.  The Vice Commanders shall not be eligible to serve two (2) consecutive years.”

To be amended by:

removing “as follows:  Zone 1 – the 1 and 16 Districts; Zone 2 – the 2, 3, 4 and 5 Districts; Zone 3 – the 6, 7, 8, 17 and 18 Districts; Zone 4 – the 9, 10 and 19 Districts; Zone 5 – the 11 and 12 Districts.

so that when amended, Article VII, Section 1, subsection c, shall read:

“The Vice Commanders shall perform such duties as may be required of them by the Department Commander or the Department Executive Committee.  For the purpose of administration by the Vice Commanders, the various Districts shall be grouped into “Zones.”  The Vice Commander representing each “Zone” shall represent the Department in the Districts comprising the “Zone” from which he was elected, and it shall be his duty to attend all District Conventions within his “Zone”, so far as possible, and to initiate construction programs and policies for the furtherance of the interest of the Posts therein.  Immediately upon their installation, they will elect one of their group as Chairman.  The Vice Commanders shall not be eligible to serve two (2) consecutive years. The districts and zones will be determined by the DEC and published in the DEC Manual each year. ”

Proposed Amendment 2019-CA-9

Print version

A proposed change to the Department Constitution and By-Laws, Article III Section 1 Which now reads:

Section 1. “Any person shall be eligible for membership in The American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and assigned to active duty at some time during any of the following periods: April 6, 1917 to November 11, 1918; December 7, 1941 to December 31, 1946: June 25, 1950 to January 31, 1955; February 28, 1961 to May 7, 1975; August 24, 1982 to July 31, 1984; December 20, 1989 to January 31, 1990; August 2, 1990 to “open”, all dates inclusive, or who, being a citizen of the United States at the time of his entry therein, served on active duty in the armed forces of any governments associated with the United States during any of said periods; provided, however, that such service shall have been terminated by honorable discharge, honorable separation or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.” (Amended August 5, 1956: August 6, 1960: October 2, 1966: July 20, 1975: October 5, 1998)

To be Amended by:

Removing all of current Article III Section 1 and replacing with: Eligibility to membership in The American Legion shall be as prescribed by the National Constitution and Bylaws of The American Legion.

So that when amended, Article III, Section 1,shall read:

Eligibility to membership in The American Legion shall be as prescribed by the National Constitution of The American Legion.

Proposed Amendment 2019-CA-8

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A proposed change to the Department Constitution and ByLaws, Article VI Committees, Section 1 Which now reads:

The following permanent Department Standing Committees and Subcommittees are hereby authorized:

Americanism and Community Service

                              Subcommittee:  Law & Order

                              Subcommittee:  Scouting

               American Legion Baseball

               American Legion Boys’ State    

               Children and Youth

               Education and Scholarship

               Finance/Personnel

               Internal Affairs

Subcommittee:  Constitution and By-Laws

               Legislative

               Media & Communications

Membership

               National Security and Foreign Relations

                              Subcommittee:  Blood, Eye and Vital Organ Bank

                              Subcommittee:  POW/MIA

               Permanent Time and Place/Resolution Assignment     

Post Development

               Reconnect

               Veterans Affairs and Rehabilitation

                              Subcommittee: V.A.V.S./V.H.V.S.

               Veterans Employment & Education

To be amended by:

Adding the Permanent Subcommittee to Veterans Affairs and Rehabilitation: Heroes to Hometown

So that when amended, Article VI, Section 1, will read:

Section 1: The following permanent Department Standing Committees and Subcommittees are hereby authorized:

Americanism and Community Service

                              Subcommittee:  Law & Order

                              Subcommittee:  Scouting

               American Legion Baseball

               American Legion Boys’ State    

               Children and Youth

               Education and Scholarship

               Finance/Personnel

               Internal Affairs

Subcommittee:  Constitution and By-Laws

               Legislative

               Media & Communications

Membership

               National Security and Foreign Relations

                              Subcommittee:  Blood, Eye and Vital Organ Bank

                              Subcommittee:  POW/MIA

               Permanent Time and Place/Resolution Assignment            

               Post Development

               Reconnect                        

               Veterans Affairs and Rehabilitation

                              Subcommittee: V.A.V.S./V.H.V.S.

                              Subcommittee: Heroes to Hometown

               Veterans Employment & Education

This Ad-Hoc Subcommittee is a vital and functional part of The Department of Michigan American Legion and recognizing our Hometown Veterans throughout the State of Michigan.  Through Ad-Hoc Chairman Brown, his support of our Local Hometown Veterans, his continued work with the Veterans Affairs and Rehabilitation Committee ensures recognition where recognition is due. 

Proposed Amendment 2019-CA-7

Print version

A proposed change to the Department Constitution and Bylaws, Article VI Committees, Section 1 which now reads:

The following permanent Department Standing Committees and Subcommittees are hereby authorized:

Americanism and Community Service

                              Subcommittee:  Law & Order

                              Subcommittee:  Scouting

               American Legion Baseball

               American Legion Boys’ State     

               Children and Youth

               Education and Scholarship

               Finance/Personnel

               Internal Affairs

Subcommittee:  Constitution and By-Laws

               Legislative

               Media & Communications

Membership

               National Security and Foreign Relations

                              Subcommittee:  Blood, Eye and Vital Organ Bank

                              Subcommittee:  POW/MIA

               Permanent Time and Place/Resolution Assignment        

Post Development

               Reconnect

               Veterans Affairs and Rehabilitation

                              Subcommittee: V.A.V.S./V.H.V.S.

               Veterans Employment & Education

 

To be amended by:

Adding the Permanent Subcommittee to Reconnect: Homeless Veterans

So that when amended, Article VI, Section 1, shall read:

Section 1: The following permanent Department Standing Committees and Subcommittees are hereby authorized:

Americanism and Community Service

                              Subcommittee:  Law & Order

                              Subcommittee:  Scouting

               American Legion Baseball

               American Legion Boys’ State     

               Children and Youth

               Education and Scholarship

               Finance/Personnel

               Internal Affairs

Subcommittee:  Constitution and By-Laws

               Legislative

               Media & Communications

Membership

               National Security and Foreign Relations

                              Subcommittee:  Blood, Eye and Vital Organ Bank

                              Subcommittee:  POW/MIA

               Permanent Time and Place/Resolution Assignment

               Post Development

               Reconnect

                              Subcommittee:  Homeless Veterans                       

               Veterans Affairs and Rehabilitation

                              Subcommittee: V.A.V.S./V.H.V.S.

               Veterans Employment & Education

This Ad-Hoc Subcommittee has become and continues to be a vital and functional part of The Department of Michigan American Legion.  It has also become a staple in the Community in the Support of our Homeless Veterans.  This Committees’ close Support of the Reconnect Committee and Likewise from Reconnect to The Homeless Veterans Task force makes the Reconnect Committee the right choice as the Supported Committee to ensure its growth and continued support of the Vital Mission of ensuring that no Veteran is without a home.

Proposed Amendment 2019-CA-6

Print version

A proposed change to the Department Constitution and Bylaws, Article VI Committees, Section 1 Which now reads:

The following permanent Department Standing Committees and Subcommittees are hereby authorized:

Americanism and Community Service

                              Subcommittee:  Law & Order

                              Subcommittee:  Scouting

               American Legion Baseball

               American Legion Boys’ State        

               Children and Youth

               Education and Scholarship

               Finance/Personnel

               Internal Affairs

Subcommittee:  Constitution and By-Laws

               Legislative

               Media & Communications

Membership

               National Security and Foreign Relations

                              Subcommittee:  Blood, Eye and Vital Organ Bank

                              Subcommittee:  POW/MIA

               Permanent Time and Place/Resolution Assignment            

Post Development

               Reconnect

               Veterans Affairs and Rehabilitation

                              Subcommittee: V.A.V.S./V.H.V.S.

               Veterans Employment & Education

To be amended by:

Adding the Permanent Subcommittee: Legion Riders

So that when amended, Article VI, Section 1, shall read:

Section 1: The following permanent Department Standing Committees and Subcommittees are hereby authorized:

Americanism and Community Service

                              Subcommittee:  Law & Order

                              Subcommittee:  Scouting

               American Legion Baseball

               American Legion Boys’ State        

               Children and Youth

               Education and Scholarship

               Finance/Personnel

               Internal Affairs

Subcommittee:  Constitution and By-Laws

Subcommittee:  Legion Riders

               Legislative

               Media & Communications

Membership

               National Security and Foreign Relations

                              Subcommittee:  Blood, Eye and Vital Organ Bank

                              Subcommittee:  POW/MIA

               Permanent Time and Place/Resolution Assignment            

               Post Development

               Reconnect

               Veterans Affairs and Rehabilitation

                              Subcommittee: V.A.V.S./V.H.V.S.

               Veterans Employment & Education

Allowing the Standing Subcommittee to Organize, represent and continue to grow the Legion Riders of the Department of Michigan American Legion.

Proposed Amendment 2019-CA-5

Print version

A proposed change to the Department Constitution and Bylaws, Article V, Section 4, subsection b, which now reads:

“All committee members shall be appointed and may be removed for cause by the Department Commander, with the approval of the Department Executive Committee.  The Department Commander shall name the Chairman of each committee to serve until the next Department Convention.

No Legionnaire may be appointed to serve on more than one regular standing appointive Department committee at any one time.”

To be amended by:

removing “No Legionnaire may be appointed to serve on more than one regular standing appointive Department Committee at any one time.”

And adding:

“Members that are on mandated committees (Permanent Time and Place), or serving in an Alternate or Assistant position on the Department Executive Committee may also serve on an appointive Department Committee but not in a Chairmanship, with the exception of the Permanent Time and Place Chairman, who may serve in that role.

No member shall receive per diem and travel pay more than once per call, regardless of the number of committees they serve on.”

So that when amended, Article V, Section 4, subsection b, shall read:

“All committee members shall be appointed and may be removed for cause by the Department Commander, with the approval of the Department Executive Committee.  The Department Commander shall name the Chairman of each committee to serve until the next Department Convention.

Members that are on mandated committees (Permanent Time and Place), or serving in an Alternate or Assistant position on the Department Executive Committee, may also serve on an appointive Department committee but not in a Chairmanship, with the exception of the Permanent Time and Place Chairman, who may serve in that role.

No member shall receive per diem and travel pay more than once per call, regardless of the number of committees they serve on.”

Proposed Amendment 2019-CA-4

Print Version

A proposed change to the Department Constitution and By-Laws, Article VI Section 2 Which now reads:

Section 2: The Executive Committee of the Department shall consist of the officers of the Department, the immediate Past Department Commander and National Executive Committeeman, together with District Commanders, as hereinafter provided. The Department Commander shall serve as the Chairman of the Department Executive Committee.

To be amended by: Correcting and defining the members of the Department Executive Committee

So that when amended, Article VI, Section 2, shall read:

Section 2: The Executive Committee of the Department shall consist of the officers of the Department, the immediate Past Department Commander and National Executive Committeeman, together with the Vice Commanders, District Commanders, as hereinafter provided. The Department Commander shall serve as the Chairman of the Department Executive Committee.   

Proposed Amendment 2019-CA-3

Print Version

A proposed change to the Department Constitution and Bylaws, Article VI Section 1, now reads:

The Department organization shall consist of the following officers: a Department Commander, Five (5) Vice Commanders, Department Adjutant, Department Finance Officer, Department Judge Advocate, Department Historian, Department Chaplain and Department Sergeant-at-Arms.              

To be amended by:

Correcting and defining the members of the Department Organization

So that when amended, Article VI, Section 1, shall read:

Section 1: The Department organization shall consist of the following officers: The Department Commander, Vice Commanders, District Commanders, Department Adjutant, Department Finance Officer, Department Judge Advocate, Department Historian, Department Chaplain and Department Sergeant-at-Arms.        

Proposed Amendment 2019-CA-2

Print Version

A proposed change to the Department Constitution and ByLaws, Article IV Organization, Section 4 Posts, Subsection n. now reads:

The Department Executive Committee, after notice and hearing, may suspend or recommend for revocation, the charter of a Post which violates the National Constitution and Bylaws of The American Legion, or the Department By-Laws or which fails adequately to discipline any of its members for any such violation, and may provide for the government and administration of such Post or the membership thereof, during such suspension or upon such revocation. The Department Executive Committee shall provide the method for suspending or recommending the revocation of the charter of a Post.

To be Amended by:

Adding: Constitution and between Department and By-Laws

Adding: Once the Department Executive Committee has ordered the revocation of a charter the Department, acting through either the Department Commander or the Department Adjutant shall act as Power of Attorney for the Post for the purpose of surrendering or otherwise properly conveying or properly disposing of all property of every description, including but not limited to all assets both real and financial.

So that when amended, Article IV Organization, Section 4 Posts, Subsection n. shall read:

The Department Executive Committee, after notice and hearing, may suspend or recommend for revocation, the charter of a Post which violates the National Constitution and Bylaws of The American Legion, or the Department Constitution and By-Laws or which fails adequately to discipline any of its members for any such violation, and may provide for the government and administration of such Post or the membership thereof, during such suspension or upon such revocation. The Department Executive Committee shall provide the method for suspending or recommending the revocation of the charter of a Post. Once the Department Executive Committee has ordered the revocation of a charter the Department, acting through either the Department Commander or the Department Adjutant shall act as Power of Attorney for the Post for the purpose of surrendering or otherwise properly conveying or properly disposing of all property of every description, including but not limited to all assets both real and financial.

Proposed Amendment 2019-CA-1

Print version

A proposed change to the Department Constitution and ByLaws, Article IV Organization, Section 4 Posts, Subsection k. now reads:

Any Post of the Department failing to meet the obligations imposed upon it by the National Constitution and By-Laws, or Department By-Laws, or ceasing to function for six months as an American Legion Post, or neglecting to pay the per capita tax due to the National, Department and District organizations, shall, upon the order of the Department Executive Committee, surrender its charter, together with all property of every description, including official insignia and records belonging to the Department; provided the Commander of the District wherein the Post in question is located shall have consulted with the last known Post Commander and Adjutant; has been assured that each Post member on the current roster has been notified by receiving a copy of each notice of the intention to file for charter cancellation; has made a thorough survey of the assets of the Post, both real and financial, and has notified Department Headquarters, in writing, not later than ten (10) days prior to the next official meeting of the Department Executive Committee, that the District Commander recommends the consideration of the cancellation of the questioned Post’s charter.

To be Amended by:

Add: Constitution and between Department and By-Laws

Changing: ….”surrender its charter, together with all property of every description including…” to

“surrender its charter together with all property of every description, including but not limited to all assets both real and financial, and”

Adding: Once the Department Executive Committee has ordered the surrender of a charter the Department acting through either the Department Commander or the Department Adjutant shall act as Power of Attorney for the Post for the purpose of surrendering or otherwise properly conveying or properly disposing of all property of every description, included but not limited to all assets both real and financial”

So that when amended, Article IV Organization, Section 4 Posts, Subsection k. shall read:

Any Post of the Department failing to meet the obligations imposed upon it by the National Constitution and By-Laws, or Department Constitution and By-Laws, or ceasing to function for six months as an American Legion Post, or neglecting to pay the per capita tax due to the National, Department and District organizations, shall, upon the order of the Department Executive Committee surrender its charter together with all property of every description, including but not limited to all assets both real and financial and official insignia and records belonging to the Department; provided the Commander of the District wherein the Post in question is located shall have consulted with the last known Post Commander and Adjutant; has been assured that each Post member on the current roster has been notified by receiving a copy of each notice of the intention to file for charter cancellation; has made a thorough survey of the assets of the Post, both real and financial, and has notified Department Headquarters, in writing, not later than ten (10) days prior to the next official meeting of the Department Executive Committee, that the District Commander recommends the consideration of the cancellation of the questioned Post’s charter. Once the Department Executive Committee has ordered the surrender of a charter the Department acting through either the Department Commander or the Department Adjutant shall act as Power of Attorney for the Post for the purpose of surrendering or otherwise properly conveying or properly disposing of all property of every description, included but not limited to all assets both real and financial.