Section 1 a “Blueprint” for the 21st Century Purpose
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II. MOTIONS Business is introduced by a motion, or by a resolution. The steps in making a motion and voting on it are as follows: 1. OBTAIN THE FLOOR—The member rises and addresses the presiding officer, as Mr. or Madame Commander, as the case may be and gives own name unless known by the commander. If the member is entitled to the floor, the chair repeats the name of the member. This recognition gives the member the right to speak. It is out of order for another member to stand before the member speaking has finished, or to remain standing after another has been given the floor. 2. MAKE THE MOTION—The member then states the motion or offers a resolution; for example, “I move that we take action to secure a playground for this community.” In order to state a motion properly, members of the organization should become accustomed to using the words “I move that” when introducing a motion. 3. SECOND THE MOTION—If anyone wishes the matter discussed and voted upon, a member says, “I second the motion,” without rising or addressing the Chair. If no member seconds it, immediately the Chair, except in small assemblies, repeats the motion and asks, “Is the motion seconded?” In small assemblies, where every member has evidently heard the motion, instead of repeating the motion, the Chair may say, “You have heard the motion; is it seconded?” If the motion is not then seconded, the Chair may say, “There being no second, the motion is not before the assembly.” (Note: Consult your parliamentary authority for the motions that do not require a second.) 4. STATE THE MOTION—After the motion is seconded, the Chair then states the motion; for example, “It has been moved and seconded that we take action to secure a playground for this community.” As this motion is debatable and amendable, the Chair should then immediately ask, “Are you ready for the question?” or “Is there any discussion?” If the motion is not debatable or amendable (consult your parliamentary authority on this point if in doubt), the Chair should then immediately put the question to vote. 5. DISCUSSION—After a motion has been stated by the Chair, it is before the assembly for consideration and discussion. Speakers to the motion must (1) be entitled to the floor, (2) address their remarks to the presiding officer, (3) be courteous in their language and Department, and avoid all personalities. The maker of the motion has the right to open and close the debate. Speakers must observe the rules of the organization as to the number of minutes and number of times they may speak on a question. The maker of a motion may vote against, but not speak against, the motion. Discussion must relate to the immediately pending question. (Note: Consult your parliamentary authority for the few exceptions by which a speaker may be interrupted after having been assigned the floor, also for the rules to guide the Chair when more than one person arises at the same time.) 6. PUT THE QUESTION—After sufficient opportunity has been given the debate, the Chair repeats the motion and says, “Are you ready for the question?” After waiting a moment, if no one claims the floor, the Chair then says, “All those in favor of the motion as stated, say aye. All opposed, say no.” 7. ANNOUNCE THE VOTE—The chair says, “The ayes have it, and the motion is adopted,” or “The noes have it, and the motion is lost,” as the case may be. In the event of a tie, the motion is lost unless the Chair votes in the affirmative in order to carry the motion. A tie loses because every question must be carried by at least a majority. If in doubt as to the result, the Chair calls for a rising vote, first for, and then against, the motion, asks the adjutant to count the votes, and then announces the results.
After the question has been stated to the assembly by the presiding officer, it may be desirable to change it in some way. A member may rise, address the Chair, and after being recognized by the Chair, say, “I move to amend the motion by adding the words (with proper supervision) after the word (playground).” After the motion to amend has been seconded, and the motion repeated as it will read if amended so all may understand the effect the amendment will have on the main motion, the Chair then calls for remarks on the amendment. The discussion is now upon the proposed amendment. After discussion is over, the Chair puts the question and calls for a vote on the amendment. For example, “The question is on adding the words (with proper supervision) to the motion we take action to secure a playground for this community. All those in favor of this amendment please say (aye), those opposed say (no).” After announcing the result of the vote on the amendment, the Chair will then restate the motion before the house, in its original form if the amendment has been lost, or as amended if the amendment has been carried and the vote is then taken upon the question in its final form (if no further amendments are offered). An amendment may be offered in any of the following forms: “I move to amend by inserting,” or “adding” if at the end of the motion; “I move to amend by striking out and inserting,” or “by substituting” in case of any entire resolution, by-laws or paragraph. Only one amendment of the first degree is permitted at a time when a motion or resolution is under consideration, but one amendment of that amendment—that is, an amendment of the second degree—is also in order. While there may be only one amendment of each degree pending at the same time, any number of them may be offered in succession after disposing of the prior amendment. An amendment must relate to the subject to be amended. The amendment of the second degree, if there is one before the assembly receives first consideration. After disposal, unless another secondary amendment is offered, the amendment of the first degree is then pending. After all amendments have been disposed of, the main motion as amended (or in its original form if all the amendments have been lost), is placed before the assembly for action. WHAT SHALL I DO? 1. To introduce business? Make the main motion. 2. To modify the motion? Amend, commit or refer. 3. To defer action? Postpone to a certain time; make a special order (require a two-thirds vote); lay on table. 4. To suppress or limit debate? Move the previous question (two-thirds vote); limit debate (two- thirds vote). 5. To suppress the question? Object to the consideration (two-thirds vote); Postpone indefinitely; lay on the table. 6. To consider a question a second time? Take from the table; reconsider; rescind. 7. To prevent action from becoming final? Reconsider and have entered on the minutes. 8. To reverse the decision of the Chair? Appeal. 9. To make a request for: Parliamentary inquiry; information; permission to withdraw a motion; reading papers; excused from duty; any other privilege. (See Roberts’ Rules of Order, 44 to 51.) 10. To correct a mistake? Rise to a point of order. A motion that’s been carried, lost, or Postponed indefinitely can’t be considered again during the same session except by a motion to reconsider the vote disposing of the question, or to rescind the action taken. The motion to reconsider can be made only by one who voted on the prevailing side. The motion to reconsider must be made on the same day or the calendar day (not counting Sundays or holidays) after the vote which is to be reconsidered was taken. Any member may second this motion. The motion to reconsider, if carried, annuls the vote already taken and brings the motion before the assembly again for action.
In case of doubts as to parliamentary procedure, or if difficult questions arise, such as to lay on the table, to Postpone, to limit debate, to reconsider, point of order, etc. consult the parliamentary authority. MOTIONS CLASSIFIED IN THE ORDER OF PRIORITY Privileged Motions Fix time to Adjourn To Adjourn **To recess Questions of personal privilege Call for order of business Subsidiary Motions Lay on table Previous question 2/3 *Postpone to definite time *Refer to Committee *Postpone *Amend Amendment *Amend Objection to Consideration 2/3 A Main Motion is used to bring before the meeting any particular subject for consideration of the assembly. NOTE *Are debatable—others are not. **Debatable only when no other motion pending. Those not marked with 2/3 require only majority vote. IV. NOMINATIONS AND ELECTIONS The choosing of officers for a Legion group is one of the most important functions. It means the choosing of leaders upon whose faithful service the success of the organization largely depends. Among the qualifications necessary for efficient official leadership is an understanding of the purpose of The American Legion; knowledge of the work and enthusiasm for it; a high sense of justice, fairness and courtesy; open-mindedness, moral courage and the ability to get along with other people. Officers should be chosen for their ability to perform the work of the office to which they are elected, and not because of their social prestige or because they want the office. Willingness to serve is not enough; fitness to serve must stand above every other consideration. A Nominating Committee reports to the assembly only nominees approved by a majority vote of the committee. No action is taken on the report of Nominating Committee. Nominations from the floor are always in order after Nominating Committee has reported. A nomination is only a statement of a preference and does not control the election in any way. When voting by ballot, one may be elected without having been nominated, subject to getting the required number of votes at the election. The elective ballot alone elects. Mistakes made in nominating do not invalidate elections, as you may vote for whom you please, regardless of nominations. Members of a Nominating Committee may be nominated for office without resigning from the committee. When printed ballots are used, names presented from the floor as well as the names presented by the nominating committee must be printed on the official elective ballot so there will be no discrimination among the candidates.
No nominations are made from the floor when nominations are by ballot, as all have had opportunity to nominate by ballot. The method of election best fitted to a particular group should be provided in the by-laws. These election rules must be strictly adhered to. If the election rules prove unsatisfactory, amend them. But abide by them as they are, until properly amended. Before proceeding to an election, it is customary for nominations to be made from the floor or by a Nominating Committee, or by ballot. The by-laws may prescribe the method, but if they do not, then the assembly by motion may choose the method of nominating. This motion is not debatable. Only members of the organization can make nominations or vote at an election. The by-laws should provide that no name shall be placed in nomination without the consent of the nominee. This prevents promiscuous nomination and withdrawals. Nominations from the floor may be made by any voting member. Nominations require no second, but a second is complimentary to the candidate.
If names of candidates are to be presented by a Nominating Committee, this committee should be named at least one month before election day and the by-laws should provide the method of appointing (or electing) the committee. The usual methods are election by the assembly, or election by the Executive Committee or part by the assembly and part by the Executive Committee. The commander should not appoint the Nominating Committee nor be a member of it. The Nominating Committee should give thoughtful consideration to the qualifications of each candidate for office and should secure the consent of the candidate before placing the name on the ticket. CLOSING NOMINATIONS Nominations from the floor may be closed by a two-thirds vote, or the commander may close nominations by unanimous (common) consent of the assembly (no one objecting). If for any reason it is desired to reopen nominations, it may be done by a majority vote (unless the by-laws limit the time for nominations). A member may be nominated for more than one office, unless the by-laws forbid. If elected to more than one office, the member must choose immediately on which office to serve. The other office (or offices) shall be filled according to the provisions of the by-laws, if simultaneous service in more than one office is forbidden.
Majority vote is necessary to elect if there is no by-law to the contrary. Plurality vote never elects except by special by-laws. A person ineligible to hold office at the time of election cannot be elected even by unanimous vote. The usual methods of election are by voice, or by ballot (a secret vote). The by-laws may provide that election shall be by ballot except when there is but one candidate for office, the election may be by voice. The ballot vote is the fairest vote when there is more than one choice for an office. When the by-laws require the vote to be taken by ballot, it is out of order to move that the adjutant or any other person shall cast the ballot of the assembly, as ballot vote is a secret vote and each voter must cast their own ballot.
The election to office may be by voice, and vote taken on each candidate separately, or the assembly may, by a majority vote, order the vote taken on the ticket as a whole when there is but one candidate for each office. ELECTION BY BALLOT Ballots should be given to identified voting members only. The names of candidates for each office may be printed or written on the ballot, or the voter may write the name of choice on the ballot. The identity of the voter must not be indicated in any way, as a ballot is a secret vote. If printed ballots are used, the names from the floor and those proposed by the Nominating Committee must be printed on the official ballot. Printed ballots cannot be used if nominations and elections take place at the same meeting. Instructions may be given to the assembly concerning the method of marking the ballot. An unmarked (blank) ballot is just a scrap of paper and is not counted in elections. The Election Committee has no authority to make any changes in the election ballot or mark it in any way. The vote cast for each office must be preserved in such manner that if the election is questioned, the voter may be verified by a recount. If printed ballots are used, the Election Committee places the voted ballots in a sealed packet together with its report (signed by at least a majority of the Election Committee), and delivers the packet, sealed, to the adjutant. This sealed packet shall not be opened except by order of the assembly or the board for the purpose of verifying the vote, or destroying the packet. If slips of paper are used for voting for each separate office, the votes cast for each office must be sealed in a separate packet and delivered to the adjutant in like manner. The form of the report of the Elections Committee for each office to be filled is as follows (Example): “For commander—Number of votes cast—30; necessary for election—16; Brown received—19; Jones received—10; Green received—1.” After the vote for all the offices has been read (the largest vote for each office stated first), the names of the committee members signing the report are read, the report is handed to the commander, and the reporting member sits. The commander announces who is elected. In counting the ballots, every name for which a vote has been cast must be reported. Newly-elected officers take their seats at the time prescribed in the by-laws. If there is no such rule, they are seated following election, or at the time established by usage as a precedent. When there is more than one vice-commander, they always should be numbered to establish their precedence when acting as commander pro tem.
Members contribute to the success of a meeting when they— 1. Come to order at once when the commander opens the meeting. 2. Give thoughtful attention throughout the business meeting and the program. 3. Rise to address the Chair, and wait to speak until recognized by the Chair. 4. Sit down at once when someone else has been given the floor. 5. Rise to make a motion, but remain seated in small assemblies when seconding the motion. 6. Write a long or involved motion and give to the adjutant, when asked to do so. 7. Rise when a rising vote is requested and remain standing until the vote is taken. 8. Vote on every question. 9. Limit their remarks to their rightful share of the time of the meeting and do not infringe upon the right of others. The floor should be given to one who has not spoken on the question, in preference to one who has spoken, if there is any question as to precedence. 10. Rise to make reports, remain seated during the discussion of the report. 11. Refrain from conversation during the meeting. 12. The courtesy of the floor may be granted to one who is not a member when it is desired to have such one speak during a business session. VI. PARLIAMENTARIAN A parliamentarian may be appointed if there is a member of the organization who is well informed on parliamentary law. It must be remembered the function of a parliamentarian is to express an opinion on the point in question when requested to do so. The presiding officer must state the ruling or decision based upon this advice. VII. AUTHORIZED BUSINESS Authorized and lawful business which the organization becomes responsible for can only be transacted at meetings regularly or specially called for that purpose at which meetings there is a quorum present. The notice for a special meeting must state the special business to be transacted, and no other business can be entertained. If no quorum is present, the motion to adjourn and to provide for an adjourned meeting are the only motions in order. If additional knowledge of Parliamentary Procedure is deemed necessary, Posts should refer to Roberts’ Rules of Order. These rules can be purchased from National Emblem Sales, American Legion National Headquarters, P.O. Box 1055, Indianapolis, IN 46206.
**Debatable only when no other motion pending. Those not marked with (2/3) require only majority vote.
Section 1. A charge that any Post should, for any good and sufficient cause, have its charter cancelled, suspended or revoked may be initiated by any intermediate body between the Post and the Department, or by any three Posts of the Department in which the Post accused is located. A charge may be withdrawn only with the consent of the Department Commander. Sec. 2. Such charge shall be filed with the Department Commander at Department Headquarters. Sec. 3. Such charge shall be in writing, and signed by the respective Commanders and Adjutants of the intermediate bodies or Posts, as the case may be, and sworn to before any officer authorized to administer oaths. Sec. 4. Three additional copies of such charge shall be filed with the original. The Department Commander shall forthwith cause one copy of such charge to be served on the defendant Post by delivering a true copy thereof to the Adjutant of said Post, as hereinafter provided. Sec. 5. Such charge shall include the following: a. A certified or attested copy of the resolution authorizing the filing of such charge. b. The full name and address of the Post against which the charge is made, as well as the full name and address of the Commander and Adjutant of such Post. c. A clear, concise and detailed statement of the facts upon which the charge is based.
have been violated. e. Affidavits or documents substantiating the charge may be attached. Sec. 6. After a charge has been filed, the Department Commander shall forthwith cause a full investigation of the facts to be made. After such investigation, the Department Commander shall file a report and recommendation with the Department Executive Committee for its action thereon at its next meeting. Sec. 7. Proceedings relating to the cancellation, suspension or revocation of a Post charter may also originate with either the Department Commander or the Department Executive Committee. Sec. 8. The action of the Department Executive Committee in rejecting any charge or charges against a Post shall be final.
Section 1. Should the Department Executive Committee determine by a majority vote that the Post should surrender its charter, said Department Executive Committee shall direct the defendant Post to surrender its charter for cancellation, and shall pass a resolution that unless the charter is so surrendered, prior to the date therein specified, a hearing and trial be held to determine whether the Post charter should be cancelled, suspended or revoked, and said resolution shall include the following: a. A statement that the Department Executive Committee has determined that a hearing and trial is warranted. b. Authorization and direction to the Department Commander and Department Adjutant to sign a formal complaint. c. The names and addresses of the members of the subcommittee before which the hearing and the trial is to be held.
Advocate who is to assist the committee. e. Authorization to the subcommittee to hire such stenographic or other help as may be necessary and to incur such expense as may be necessary. Said expense, including the cost of stenographic report of the trial when ordered to be transcribed by the subcommittee or the Department Executive Committee, shall be taxed as costs against the Department, complainants or defendant Post in such manner and amount as the Department Executive Committee shall prescribe. f. That the subcommittee shall report its written findings of fact and recommendation to the Department Executive Committee at its next meeting, provided, however, that if the hearing or trial is not completed, a partial report shall be made.
Section 1. In all cases, a formal complaint, in triplicate, shall be drawn by the Department Judge Advocate and signed by The American Legion, through its Department Commander and Department Adjutant, setting forth the following: a. A clear and concise statement of the facts upon which the charges are predicted. b. The origin of the charges. c. A copy of the resolution of the Department Executive Committee appointing the subcommittee and its assistants. d. A copy of the Uniform Code of Procedure for the Revocation, Cancellation or Suspension of Post Charters. e. The time within which an appearance or answer shall be filed by the Post, which shall be not less than 20 or more than 60 days from the date of the service of a copy of the complaint. f. The time and place for the hearing and trial, which shall not be more than 30 days after the date of the expiration of the time for the filing of the answer. Sec. 2. Any such complaint may be amended by the subcommittee of the Department Executive Committee in its discretion at any time upon such terms as may be deemed just in the opinion of the said subcommittee.
Section 1. The subcommittee shall cause a true copy of the complaint to be served on the defendant Post. Sec. 2. All complaints, orders and other process and papers of the subcommittee or the Department organization of The American Legion may be served personally, or by registered mail, or by leaving a copy thereof at the principle office or Headquarters of the intermediate body or Post, or place of residence of the person or officer to be served. The verified return by the individual serving the same showing service thereof in the manner herein provided, or the registry return receipt shall be proof of service. Sec. 3. All notices, orders, papers or other process which are to be served on the Department Headquarters of The American Legion, or the subcommittee appointed to conduct the trial, shall be deemed served if they are served on the Department Adjutant at Department Headquarters, said service to be made as herein above provided. Sec. 4. Witnesses may be summoned by a notice signed by either the special acting Department Judge Advocate, the Department Judge Advocate, or by a member of the subcommittee. V. Answer Section 1. The defendant Post shall file an answer to said complaint with the Department Judge Advocate at Department Headquarters within the time specified in the complaint. The answer shall contain a clear and concise statement of the facts which constitute its defense. Any charge or specification in the complaint which is not expressly denied or explained in the answer shall be deemed to be admitted. Sec. 2. In the event that the complaint is amended during the course of the hearing or trial, the defendant shall be furnished with a copy of such amendment, and may file an amended answer to the said amended complaint within five days thereafter.
Section 1. The subcommittee to hear and try and make written findings of fact and recommendations with reference to the matter of the cancellation, suspension or revocation of the Post charter shall be appointed by the Department Executive Committee and shall consist of not less than three (3) members of the Department Executive Committee. No member of the Post under investigation shall be a member of such subcommittee. Sec. 2. Should no member of the subcommittee be a lawyer, opinions on questions of law may be obtained from the Department Judge Advocate. Sec. 3. A majority of the members of the subcommittee shall constitute a quorum. If for any reason there is less than a quorum, the hearing shall be adjourned until a quorum is present. Sec. 4. The duties of the Department Judge Advocate or special acting Department Judge Advocate shall be to see that the trial is prompt, complete and thorough, make all arrangements for the hearings, the summoning of all witnesses and the production of all papers. He shall see that all the orders of the subcommittee shall be carried out. He shall examine and cross-examine all witnesses.
Section 1. The rules of evidence prevailing in courts of law and equity shall not be controlling. The subcommittee shall decide all questions arising as to relevancy of the evidence and the regularity of the proceedings. Sec. 2. The subcommittee may hold its hearings in closed sessions or may open them to the public. The subcommittee shall hear witnesses on oath or affirmation. Sec. 3. Any party to the proceeding shall have the right to appear at such hearing in person, by counsel or otherwise, subject to such reasonable restrictions as may be placed on this right by the subcommittee, and to examine and cross-examine witnesses and to introduce documentary or other evidence. Sec. 4. Stipulations of fact may be introduced in evidence with respect to any issues. Sec. 5. Objection to the conduct of the hearing shall be stated orally together with a short statement of the grounds of such objection and included in the stenographic report of the hearing. Sec. 6. Any party to the proceedings shall be entitled to a reasonable period at the close of the hearing for oral argument, which shall not be included in the stenographic report of the hearing. Briefs may be filed by the parties within the time fixed by the subcommittee. Sec. 7. In the discretion of the subcommittee, the hearings may be continued from day to day, or adjourned to a later date, or to a different place by announcement thereof at the hearing by the chairman or vice-chairman of the subcommittee or by other appropriate notices. Sec. 8. A stenographic report of the trial shall be made.
Section 1. The subcommittee, after it has completed its hearings, shall file the complete report of the proceedings had upon the trial, together with its written findings of fact and recommendations with reference thereto with the Department Adjutant not less than five (5) days before the next meeting of the Department Executive Committee, all of which shall be open to the inspection of all members of the Department Executive Committee, as well as representative or representatives of the defendant Post. Sec. 2. The Department Executive Committee shall consider said report and act thereon. Sec. 3. At the Department Executive Committee meeting at which the report of the said subcommittee is to be considered, one representative of the defendant Post may, within the discretion of the Department Executive Committee, be given the privilege of the floor for not more than one hour. Sec. 4. Should the subcommittee’s report be a partial report, the Department Executive Committee may continue the committee and authorize it to hold further hearings and present its final report at the next meeting of the Department Executive Committee.
Section 1. Should the Department Executive Committee refuse to cancel, suspend or revoke the charter of the Post, such decision shall be final and no appeal can be taken there from. Sec. 2. Should the Department Executive Committee, upon a report of its subcommittee, cancel, suspend or revoke the charter of the defendant Post, the defendant Post and the National Adjutant shall be notified by the Department Adjutant of the decision of the Department Executive Committee, which notice shall be mailed within five (5) days after such decision has been rendered. Should the defendant Post desire to appeal from the decision of the Department Executive Committee, it shall serve its notice of appeal, signed by the Post Commander and Post Adjutant, on the Department Adjutant at Department Headquarters within thirty (30) days from the date of said suspension, cancellation or revocation. Sec. 3. Upon receipt of said notice of appeal, the Department Commander shall immediately notify the National Commander of such appeal and shall cause the Department Judge Advocate, or acting Department Judge Advocate, and the subcommittee to submit all the papers and the complete record of the hearings to the National Commander. Upon receipt of the notice of appeal, the National Commander shall appoint a subcommittee of not more than five (5) nor less than three (3) members of the National Executive Committee for the purpose of hearing the appeal from the action of the Department Executive Committee. Sec. 4. The National Executive Committeeman, or alternate, from the Department of which the defendant Post is a part, shall not be eligible to serve on this committee. Sec. 5. This subcommittee of the National Executive Committee shall meet at least one day prior to the meeting of the National Executive Committee and to this committee the National Commander shall refer the complete record, in writing, of said proceedings with such exceptions thereto as are made by the defendant Post. Sec. 6. This subcommittee may make its recommendations merely from the records, or it may permit representatives of the Department or the defendant Post to appear and argue the matter before the committee, and it may, as such hearing of such appeal, take further evidence relating thereto under such rules and conditions as it may from time to time adopt. Sec. 7. This subcommittee shall review the cause and recommend to the National Executive Committee the action to be taken thereon. Sec. 8. The decision of the National Executive Committee, based upon the report of this subcommittee, shall be final and there shall be no appeal there from. Sec. 9. The cost of the proceeding may be retaxed as the National Executive Committee shall deem just and equitable. Practice and Procedure in the Expulsion or Suspension of a Member of The American Legion (May be revised and changed by subsequent action of the National Executive Committee.) National Judge Advocate’s Note Many Departments and Posts of The American Legion have failed to adopt a method of practice and procedure on the suspension or expulsion of a member. The following is not mandatory upon any Post or Department, but is submitted only as a guide or form to follow. It is approved by the National Executive Committee. A. Section 2 of Article IV of the By-Laws of The American Legion is as follows: “Members may be suspended or expelled from the Legion only upon a proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of The American Legion. All charges must be made under oath in writing by the accusers, and no member in good standing shall lose his membership until given a fair trial in such manner and form as the Department by-laws and Department Executive Committee shall prescribe.”
The first process in all actions of expulsion or suspension against a member of The American Legion in good standing shall be by filing with the adjutant of the Post written charges in triplicate, properly verified by affidavit of the accuser or accusers. II. Writ—When Returnable When Written Charges Are Filed The adjutant shall issue a writ dated upon the day it shall be issued and sign it, directed to the sergeant-at-arms (or some other member of the Post in good standing), commanding that person to summon the accused to appear at the Post meeting place at the next regular meeting (providing 15 days have intervened), to show cause why he should not be suspended or expelled (as the case may be). III. Service—Return It shall be the duty of the sergeant-at-arms, or the member appointed, to serve the writ so issued, by reading it to the accused and at the same time delivering to the member a verified copy of the charges filed. The person serving the writ shall endorse upon said writ the time and manner of serving it and immediately thereafter file the same with the Post adjutant. IV. Alias Writ Whenever it shall appear by the return that the accused is not found fifteen (15) days, or more, previous to the regular Post meeting, the adjutant, at the request of the accuser, shall issue another writ and so on until service is had. V. Failure to Make Return If the sergeant-at-arms, or the member to who a summons is delivered, shall neglect or refuse to make return of same within the time required in Paragraph 4, another summons shall be issued, directed to some other member in good standing for service as herein above set forth. VI. Service by Publication Whenever the accuser shall file with the adjutant of the Post in which the charges are pending, an affidavit showing the accused has gone out of the state or on due inquiry cannot be found or is concealed within the state so that process cannot be served upon the intended, and stating the place of residence of such accused, if known, or that upon diligent inquiry the place of residence cannot be ascertained, the adjutant of the Post shall cause publication to be made in the county where the Post is located and if there be no newspapers published in said county, then in the nearest newspaper published in the state containing notice of the pendency of such charges before said Post, the names of the accused and the accuser, and the time and place of the hearing of said charges. Within two days of the first publication of such notice, the adjutant of said Post shall send a copy thereof by mail addressed to the accused if the place of residence is stated in said affidavit; said notice shall be published at least once each week for three successive weeks. VII. Charges The accuser or accusers must be members of the same Post as the accused and shall set forth the charges of disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of The American Legion in terms of simplicity and understanding in order the accused may properly prepare a defense. VIII. Accused to Enter His/Her Appearance in Writing Before the accused defends in his/her own proper person, or through counsel, he/she shall enter an appearance by filing an answer to said charges on or before the date of the regular meeting to which the accused has been summoned to appear. IX. Failure to Answer If the accused fails to answer the charges, in manner and form as herein last set forth, the charges and matters and things therein stated shall be taken as confessed and the prayer for expulsion or suspension granted. X. Date of Trial Whenever the accused enters an appearance by filing an answer to the charges preferred, the entire proceedings shall automatically be continued until the next regular Post meeting, at which time the trial shall be had. XI. Continuance Either party may apply for a continuance before the day set for trial, however, it shall be accompanied by a written motion, supported by affidavit of the party so applying. Good and substantial cause must exist before said motion is granted. The presiding judge advocate shall pass on said motion. XII. Trial—Post Judge Advocate to Preside The Post judge advocate shall preside at the trial, and shall have the power and authority to pass upon the materiality and relevancy of all the evidence presented, and shall have general power to prescribe the necessary and reasonable rules and regulations for the orderly procedure of said trial. XIII. Post Judge Advocate Vacancy In case of death, removal, vacancy, resignation or disability of the Post judge advocate, it shall be the duty of the Department commander, when duly notified by the Post adjutant, to appoint a special judge advocate in the Department to fill the vacancy. Such special judge advocate so appointed shall have the authority, right and powers of a duly elected Post judge advocate. The Post shall bear the expenses of any special judge advocate. XIV. Post Officers and Executive Committee to Act as Jurors The Post officers and the Post executive committee are hereby selected as jurors to ascertain under the guidance of the judge advocate the truth of the charges preferred. Their province is strictly limited to questions of fact, and within that province they are still further restricted to the exclusive consideration of the matters that have been proven by evidence of the interested parties in the course of the trial. Their decision shall be reduced to writing and filed with the Post adjutant, who, in turn, shall enter the same in the Post records. XV. Causes of Challenge If any Post officer or any member of the executive committee, or any other member selected as a juror, shall state he/she cannot fairly and impartially render a verdict therein in accordance with the evidence, and the presiding judge advocate shall be satisfied of the truth of such statement, said member or members shall be challenged for cause. XVI. Peremptory Challenge Each party shall be entitled to challenge of two jurors without showing cause for such challenge. XVII. When a Post Has No Executive Committee When a Post has no executive committee, the presiding judge advocate shall direct the sergeant-at-arms to summon five members of the Post to sit as jurors in their place. XVIII. Duty of Sergeant-at-Arms If any member is challenged peremptorily or for cause, or if any Post officer or member of the Executive Committee shall be absent from said trial, the presiding judge advocate shall direct the sergeant-at-arms to summon a sufficient number of members of the Post to sit as jurors in their place. XIX. If Sergeant-at-Arms Not Present, etc. If the sergeant-at-arms is not present at said trial or upon objection of either party to the cause to the sergeant-at-arms summoning a sufficient number to fill the vacancies, the presiding judge advocate shall appoint a special sergeant-at-arms to summon the necessary persons to act as jurors. XX. Members Insufficient to Fill Panel When the membership of the Post, through cause or otherwise, is insufficient in number to make a full panel for jury service, the trial shall be continued until the next regular Post meeting. The Post adjutant, within five (5) days thereafter, shall transmit such information to the Department commander, who shall, before the next regular meeting of the Post, cause the sergeant-at-arms of said Post to summon a sufficient number of members of The American Legion from the body of the county in which the Post is located to fill the vacancies.
At any time before a final decision is made by the jury upon the trial of a member upon expulsion or suspension, amendments may be allowed by the presiding judge advocate upon such terms as are just and reasonable. XXII. Number Necessary to Expel or Suspend To expel or suspend a member of The American Legion in good standing, two-thirds of the members selected to sit as jurors shall vote in the affirmative. B. Section 3 of Article IV of the By-Laws of The American Legion is as follows: “Any member who has been suspended or expelled has the right of appeal to his Department Executive Committee, or to the Department convention, according to the provisions in the by-laws of such Department. The decision of the Department shall be final.”
Within forty (40) days after judgment of expulsion or suspension is made and recorded, the accused ONLY may take an appeal in manner and form as set forth in Section 3 of Article IV of the By-Laws last mentioned. II. Stenographic Report Either party demanding a stenographic report of the trial shall pay for the same, and when said report is completed, it shall be the duty of the presiding judge advocate, on appeal, to examine the same and if correct, officially certify to the correctness of such report, and the same shall be immediately filed with the Department adjutant, who, in turn, shall present the same to the Department Executive Committee or the Department convention officials, according to the by-laws of such Department. All matters and things contained in such stenographic report shall become a part of the record and shall be considered in the final decision by the Department. In addition to the stenographic report, all interested parties shall have the further right of appearing in person, or by counsel, and present further evidence and arguments upon such final hearing. III. Notice by Department Adjutant Upon Request When an appeal is taken by accused, in compliance with Section 3 of Article IV of the By-Laws of The American Legion, it shall be the duty of the accused to obtain from the Department adjutant the date of the Executive Committee meeting or Department convention and the exact time and place of such hearing on appeal. This notice should be given if possible at least ten (10) days before the meeting or convention. IV. Appeal—Department Judge Advocate to Preside Upon appeal the Department judge advocate shall preside at the trial, and shall have the power and authority to grant a continuance to either party if deemed for the best interest of the Legion; to pass upon the materiality and relevancy of all the evidence presented and shall have general power to prescribe the necessary and reasonable rules and regulations for the orderly procedure of said trial. V. No Further Appeal The decision reached by the Department Executive Committee or Department convention shall be final. VI. Effect of Decision Where an appeal is taken by the accused and the Department Executive Committee or Department convention sustains the appeal, the expelled member automatically becomes a member in good standing of said Post, and it is mandatory the adjutant reinstate said member upon the Post membership roll. Any Post failing to comply with this provision is subject to having its charter suspended or revoked. C. Section 4 of Article IV of the National Constitution of The American Legion is as follows: “No person who has been expelled by a Post shall be admitted to membership in another Post without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, he may then appeal to the Executive Committee of the Department of the expelling Post for permission to be admitted to membership in another Post, and shall be ineligible for membership until such permission is granted.”
Because resolutions adopted by your membership represent formal expressions of the official opinion or will of the Post, extreme care should be devoted to both their preparation and thought content. The following guidelines and suggestions relate primarily to the form your Post’s resolutions should take, rather than their content. However, when considering resolutions, keep in mind that any proposal transmitted beyond your Post and within the organization of the Legion must be “germane”—that is, closely related to the purpose for which The American Legion exists. Resolutions requiring county, District or Department consideration must be prepared and forwarded in accordance with their respective regulations and by-laws. A well-written resolution stands a better chance of getting favorable consideration at your county, District, or Department convention than a resolution that is vaguely worded, poorly documented and carelessly formulated. From the standpoint of the policies and practices of The American Legion as a whole, resolutions are all-important. The National Organization cannot act on a given problem in the absence of a controlling resolution; and, conversely, it must act on a matter when mandated to do so by a resolution that has been properly adopted by the National Convention or National Executive Committee. If your Post seeks to be a leader in the policies and practices of The American Legion, it can do so only through the resolution process. Post Procedures May Vary In some Posts, the member who moves the adoption of a resolution must present it in writing at the time the motion is offered. Other Posts follow the practice of assigning one member, or special committee, the task of drafting or editing those resolutions to be sent forward for convention consideration. However, it remains the responsibility of the Post Commander to make sure each resolution truly reflects the sense of the action taken by the Post—and is presented in the best possible form. Except for certain details (noted in the discussion of resolving clauses below) the National Organization has not established an official style guide for the preparation of American Legion resolutions. However, the National Executive Committee has expressed (Res. No. 20 and 21, May 1960) certain general considerations are applicable to all resolutions being forwarded for action by the National Organization as follows: 1. A resolution should contain “supporting documents,” and its intent should be clearly defined. 2. A resolution should be free of errors of fact and law. 3. A resolution should have material relevance to the purposes and programs of The American Legion. (On the latter point, the NEC specifically cautions Legion Posts to beware of becoming a channel through which non-Legion organizations seek to achieve their goals.) A resolution should deal with only one subject. Those that attempt to treat more than one subject are unwieldy to process at conventions, especially if they involve matters that do not fall within the jurisdiction of a single committee of the convention. They are generally rejected or amended to delete reference to more than one subject. Resolutions have two major parts, a preamble and a resolving section. Each consists of one or more clauses (sometimes called paragraphs) and the whole is read in its entirety, beginning with the preamble, as one continuous, complex sentence. The preamble sets forth the reasons for the resolution; the resolving section sets forth the intent of the resolution. Prepare Preamble Last Although it precedes the resolving section in appearance, the preamble of a resolution should be prepared after the resolving section has been put into final form. Once the intent of the resolution has been clearly stated, it is much easier to decide what statements need to be in the preamble to make clear the reasons for the resolution. Also, during committee or floor debate, a preamble is always amended last because changes in the resolution may require changes in the preamble. The resolving section of a resolution begins with the word “RESOLVED,” usually printed in capital letters and followed by a comma. Between this opening word and the statement of the intent of the resolution there should be inserted the following information: (1) identification of resolving authority: (2) the circumstance and place of the action; (3) the date of the action. The first word after this information would be “That” with a capital “T.” Example:
This clause, referred to as the “resolving clause” (similar to the “enacting clause” of a law), should be uniform for every resolution. For National Convention and National Executive Committee resolutions, the resolving clauses have been standardized as follows: “RESOLVED, by The American Legion in National Convention assembled in .......... (City and State) .........., .......... (Date) .........., That . . .” The word “That” immediately following the resolving clause introduces the clause, which is the object of the verb “RESOLVED.” It aids the reader to find the point at which the meat of the resolution begins; it aids the drafter of the resolution to launch a strong and unmistakable statement of intent. Examples: “RESOLVED, . . . That The American Legion shall sponsor and support legislation to . . .” “RESOLVED, . . . That The American Legion is opposed to repeal or weakening of . . .” Although each resolution should deal with only one subject, it is often necessary or desirable to attach additional clauses (or paragraphs) to a resolution’s resolving section in order to cover matters that are closely related to the main intent. This device is especially useful for spelling out the details of how and by whom the intent of the resolution is to be carried out or accomplished. Example:
“RESOLVED, That (etc.) . . . and be it further (add RESOLVED paragraphs as required) . . ., and be it finally “RESOLVED, That (etc.) . . .” As shown here, the identifying information is stated only once, in the first paragraph of the resolving section of a resolution, and is not repeated in subsequent paragraphs. A period is used only once—at the close of the last paragraph of the resolving section.
The preamble of a resolution is made up of one or more clauses (or paragraphs), each of which begins with “WHEREAS.” Two or more of these clauses are joined together by a semicolon followed by “and.” Example:
“WHEREAS, This service is performed through The American Legion’s basic programs; and (etc.)” Each clause in the preamble should contain a statement of fact that is logically related to the intent of the resolution and explains and justifies the need for the resolution. Accuracy of each statement in the preamble is critical because the intent must be based on fact not misinformation ("WHEREAS, Public Law 101-22 prohibits…" or "WHEREAS, Title 38, United States Code, authorizes…" or "WHEREAS, In Texas v. Johnson, 1989, THE united States Supreme Court rule…" clearly identifies the source). Double check facts and attempt to document the source as best as possible. Providing supporting materials along with the resolution would be helpful to respective reviewing commissions or committees. Each clause would stand alone as a complete sentence if the “WHEREAS” were removed and a period were used in place of the semicolon at the end. The final clause of the preamble is joined to the resolving section of the resolution by a semicolon (or colon), followed usually by the phrase “now, therefore, be it....” (acceptable variations in common usage are “therefore be it”; or simply “be it”). Example:
“WHEREAS, ..... (etc.) .....; and “WHEREAS, ..... (etc.) .....; now, therefore, be it “RESOLVED, by ..... (etc.) ....., That ..... (etc.) .....” (Note: The “WHEREAS” may be set out in capital letters, italics, underscored, etc., depending preference. When capitalized, it is usually followed by a comma, and then the first letter of the following word is capitalized.) There is no formula for deciding how many “WHEREAS” clauses a resolution should have. In general, the fewer the better, provided the reason or reasons for the resolution are adequately stated. Most of the good reasons for a resolution will have been stated during the debate for its adoption. Use them. It is not necessary, however, to refer in the preamble to every fact or circumstance that has a bearing on the intent of a resolution. Study the resolving section and get the exact purpose of the resolution firmly in mind. Then start writing down statements of fact which relate to this purpose. Organize them into a logical sequence (throwing out the weak or unnecessary ones), and then put a “WHEREAS,” in front of each, a semicolon at the end of each, plus the appropriate connecting word (“and”) or words (“now, therefore, be it”) for joining them to each other and the resolving section. Do not use a period in the preamble. When dealing with issues of legislative intent, do no use specific bill numbers, but rather address the legislative intent of the bill. Bills are subject to amendments; therefore, the legislative intent of the bill could change dramatically. (Note: Instead of "support H.R. 333," be more specific by saying "support legislation that, if enacted, would…"). Resolutions are important business to The American Legion. Write them with thought and care.
When considering the plans offered through The American Legion Life Insurance Program, it is important to remember these plans are for supplemental coverage only and are not meant to be the only coverage a member has. In addition, these plans are not meant to replace existing coverage. These plans are not designed to compete with individual/private insurance plans or employer benefit plans. As with any insurance coverage, members should carefully consider these plans and read and understand all materials received including rates, benefits, features, scheduled premium increase or benefit reductions.
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