Constitution of the American Legion Auxiliary Department of Florida

PREAMBLE

For God and Country, we associate ourselves together for the following purposes:

“To uphold and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate a one hundred percent Americanism; to preserve the memories and incidents of our associations during the Great Wars; to inculcate a sense of individual obligation to the community, state and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to posterity the principles of justice, freedom and democracy; to participate in and contribute to the accomplishment of the aims and purposes of The American Legion; to consecrate and sanctify our association by our devotion to mutual helpfulness.”

ARTICLE I

Sec. 1. The name of this organization shall be American Legion Auxiliary, Department of Florida.

ARTICLE II

NATURE

Sec. 1. The American Legion Auxiliary is a civilian, patriotic service organization of women who support the mission of the American Legion.

Sec. 2. The American Legion Auxiliary shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.

ARTICLE III

ELIGIBILITY

Sec. 1. Membership in the American Legion Auxiliary shall be limited to the grandmothers, mothers, sisters, wives and direct and adopted female descendants (daughters, granddaughters and great granddaughters) of members of The American Legion; and to the grandmothers, mothers, sisters, wives, and direct and adopted female descendants of all men and women who were in the Armed Forces of the United States 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 the date of cessation of hostilities 15 as determined by the Government of the United States; all dates inclusive or who, being citizens of the United States at the time of their entry therein, served on active duty in the Armed Forces of any of the governments associated with the United States during any of said periods, and died in line of duty or after honorable discharge; and to those women who of their own right are eligible for membership in The American Legion.

Note: The wording above for Constitution Article III, Section 1, was adopted at the August 2013 National Convention under a proviso that delays enactment upon the Legion’s adoption of corresponding changes to its governing documents. Until The American Legion enacts this wording, the previous wording remains in effect, as follows:

Membership in the American Legion Auxiliary shall be limited to the mothers, wives, daughters, sisters, granddaughters, great- granddaughters and grandmothers of members of The American Legion; and to the mothers, wives, daughters, sisters, granddaughters,  great- granddaughters and grandmothers of all men and women who were in the Armed Forces of the United States 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 the date of cessation of hostilities as determined by the Government of the United States; all dates inclusive or who being citizens of the United States at the time of their entry therein, served on active duty in the Armed Forces of any of the governments associated with the United States during any of said periods, and died in line of duty or after honorable discharge; and to those women who of their own right are eligible for membership in The American Legion.

Sec. 2.There shall be two classes of membership, senior and junior:

1. Senior membership shall be the group, composed of members over the age of eighteen years; provided however, that a wife under the age of eighteen years, who is eligible under Section I of this article shall be classed as a senior member.
2. Junior membership shall consist of that group under the age of eighteen years, whose activities shall be supervised by the senior membership. Upon reaching the age of eighteen years, junior members shall automatically be admitted into senior membership with full privileges.
3. Dues of both classes shall be paid annually or for life.

ARTICLE IV

ORGANIZATION

Sec. 1.The American Legion Auxiliary, Department of Florida, shall be composed of duly constituted Units which shall be organized into Districts according to the Districts of The American Legion, Department of Florida.

ARTICLE V

DISTRICTS

Sec. 1. The Department shall be divided into Districts with boundaries and designations in accord with those provided for by The American Legion, Department of Florida.

Sec. 2. The Department President and the District Presidents within their Districts shall have the power to call conferences of Units.

Sec. 3.With the exception of the elections of a District President and a Delegate and an Alternate Delegate to the next National Convention, no District Conference shall have the right to take any legislative action or to bind the Department, District or Units, and any action taken shall be considered advisory.

Sec. 3a No Districts shall have their own Constitution and Bylaws.

Sec. 3b The District President will be the keeper of all funds of the District.

Sec. 4. District Conferences shall be composed of members from each chartered Unit in the District, except the District Constitutional Conference, which shall require delegates and alternates provided by Sec. 5.

Sec. 5.In addition to any other conference that may be held in the Districts of the Department, there shall be held in each District, a District Constitutional Conference. This conference shall be composed of delegates and alternates. Each chartered Unit shall be entitled to two delegates and two alternates. It shall be entitled to one additional delegate and one additional alternate for each fifty (50) members or major fraction thereof. Each Unit shall have as many votes as it is entitled to elected delegates. The vote of any delegate absent and not represented by an alternate delegate shall be cast by the majority of the delegates present from her Unit. The President of the District shall have a vote as presiding officer. The membership of the Units is to be taken from the membership bulletin last issued by the Department Headquarters.

Sec. 6.Thirty (30) percent of Units in a District, represented at such conference by duly designated delegates shall constitute a quorum.

ARTICLE VI

DEPARTMENT CONVENTION

Sec. 1. The legislative body of the American Legion Auxiliary, Department of Florida, shall be the Department Convention to be held annually. If ample facilities are not provided, this need not be in conjunction with the convention of The American Legion, Department of Florida. Executive Committee approval is necessary for time and place of said Auxiliary Department Convention.

Sec. 2. All resolutions sent to the Department Convention shall be drawn in proper form so as to provide that the resolution was adopted by the American Legion Auxiliary, Department of Florida, in Convention assembled, and that any such resolution not drawn in such form shall be returned by the Department Headquarters to the sponsor for correction. All resolutions shall be presented to the Department Headquarters at least six weeks prior to the Department Convention. The Convention may, however, by a two-thirds vote of the delegates present, waive the time requirement in the case of an emergency resolution. An emergency resolution shall be presented by the Chairman of three Unit delegations. Resolutions adopted by a Department Convention shall be bulletined to the Department Officers, the Unit Presidents, incoming Constitution and Bylaws Chairman immediately following the close of said Convention.

Sec. 3.Each chartered Unit shall be entitled to two delegates and two alternates. It shall also be entitled to one additional delegate and additional alternate for each fifty members or major fraction thereof whose current Department and National dues have been received by the Department Secretary-Treasurer 15 days prior to the holding of the Department Convention. Each Unit shall have as many votes as it is entitled to registered delegates. All Department Officers and Past Department Presidents whose dues have been received by the Department Secretary-Treasurer 15 days prior to holding the Department Convention shall be entitled to their own vote in the Department Convention. The vote of any delegate absent and not represented by an alternate delegate shall be cast by the majority of the delegates present from her Unit. The votes shall be equal to the Department Officers and Past Department Presidents in good standing and attending the Convention and the delegates or alternates properly certified.

Sec. 4.The Department Officers and Past Department Presidents as provided in Section 3, shall be Delegates-at- Large to the Department Convention with vote to be exercised with their respective Units.

Sec. 5.A quorum shall exist at the Department Convention when thirty percent of the Units of the Department are represented, as provided above.

ARTICLE VII

OFFICERS

Sec.1.
The Department Officers shall be President, 1st Vice President, 2nd Vice President, 3rd Vice President, Chaplain, Historian, Parliamentarian, District Presidents (one from each District), Secretary-
Treasurer, Sergeant-At-Arms, National Executive Committeewoman and Alternate National Executive Committeewoman.

Sec. 2.
As a formality, the Department Executive Committee at its first meeting following the Department Convention shall ratify a Department Secretary-Treasurer who shall be appointed by the Department President upon the recommendation of the Department Finance Committee. This Department Secretary-Treasurer will be the same employee of the Department of Florida as in the previous year, unless there has been cause for removal. When a vacancy occurs, the Department Secretary-Treasurer shall be selected by the Department Finance Committee from duly qualified applicants and recommended to the Department President for appointment. The Department Secretary-Treasurer may be removed for cause by a majority vote of the Department Executive Committee.

Sec. 3. The Department Sergeant-at-Arms and the Department Parliamentarian shall be appointed by the Department President and approved by the Department Executive Committee.

Sec. 4. All elected officers, except District Presidents, shall be elected at each Annual Convention and shall hold office until the next Annual Convention. The officers of this Department shall be installed at the annual Department Convention.

Sec. 5. No person shall be eligible for re-election to the office of Department President, Department 1st Vice-President, Department 2nd Vice-President, and Department 3rd Vice-President. No Unit shall have an endorsed candidate for the office of Department President in succession. District Presidents shall not be eligible for the same office for more than two terms in succession. No Unit shall endorse a candidate for District President who has not served as Unit President for at least six months.

Sec. 5a The Department Chaplain and the Department Historian shall serve a one year term and shall be eligible for re-election.

Sec. 6. Unless otherwise provided for, vacancies in elected offices occurring between annual conventions shall be filled by the Department President and ratified by a majority vote of the Department Executive Committee.

Sec. 7. In the event of the resignation, death, or inability to serve of the National Executive Committeewoman, a new National Executive Committeewoman shall be appointed by the Department President and ratified by a majority vote of the Department Executive Committee. This member shall be a Past Department President due to her past experience in this position. (See Standing Rules, Article II, Section 1).

ARTICLE VIII

EXECUTIVE COMMITTEE

Sec. 1.There shall be a Department Executive Committee composed of the Department Officers, the Past Department Presidents and the Chairmen of the following committees: Americanism, Auxiliary Emergency Fund, Cavalcade of Memories, Children and Youth, Community Service, Constitution and Bylaws, Education, Finance, Girls State, Leadership, Legislative, Membership, National Security, Past Presidents Parley, Poppy, Public Relations, and Veterans Affairs and Rehabilitation.

ARTICLE IX

FISCAL YEAR

Sec. 1.The fiscal year of the Department of Florida shall be from July 1st to June 30th.

ARTICLE X

AMENDMENTS

Sec. 1.This constitution may be amended at any Department Convention by a vote of two-thirds of the total authorized representation thereat, provided that the proposed amendments shall have been submitted through the Department Headquarters to the Units and members of the Department Executive Committee by mailing same to them at least thirty (30) days prior to the convening of the next Department Convention; provided further, it may be amended by unanimous vote at any Convention without notice; and provided further, that all proposed amendments shall be read at a regular session of the Convention at least twenty-four hours before the vote is taken thereon.