The Auxiliary Unit #1006

       of Joseph Loeffler Post #1006, Brentwood, New York 11717-4677
631-435-9636

 

 

Constitution


 
ARTICLE I     NAME
Section 1.
The name of this organization shall be The American Legion Auxiliary Unit of Joseph Loeffler Post #1006, The American Legion, Dept. of New York,Inc.

 

ARTICLE II     OBJECTS

Section 1.
To serve the American Legion in all its activites, to support it in all its interests, and to promote its welfare, to hold in sacred remembrance the names of all who gave their lives in defence of civilization in the Great Wars; to lend its united efforts to the task of impressing the minds of the youth of our land, and through them the generations to come, with the necessity of a staunch and steadfast support of the Constitution of the United States, with a deep, abiding love and reverence for our Flag and all it represents, so that the noble sacrifice and service to the whole world, by those who are now forming The American Legion, may not have been rendered in vain.

 

ARTICLE III     NATURE

Section 1.
The American Legion Auxiliary is a civilian organization of women.

 

Section 2.
The American Legion Auxiliary shall be absolutely non-political and shall not be used for dissemination of partisan principles not for the promotion of the candidacy of any person seeking public office or preferment.

 

ARTICLE IV     ELIGIBILITY

Section 1.
Membership in the American Legion Auxiliary shall be limited to mothers, wives, daughters, sisters, granddaughters, great-granddaughters, and grandmothers of all men and women in the Armed Forces of the United States and assigned to active duty at some time during any one 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: December 22, 1961 to May 7, 1975: August 24, 1972 to July 31, 1984: December 20, 1989 to January 31, 1990: August 2, 1990 until a date of cessation of hostilities, 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.

 

Section 2.
There shall be two classes of membership, Senior and Junior.
(a) Senior membership shall be 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 1 of this Article shall be classed as a Senior member.
(b) 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 to Senior membership with full privileges.
(c) Dues of both classes shall be paid annually or for life.

 

Section 3.
No person may be a member at any one time of more than one Unit.

 

Section 4.
No person, who has been expelled by a Unit shall be admitted to membership in another Unit without the consent of the expelling Unit, except, that where such consent has been asked for and denied by such Unit, she may then appeal to the Department Executive Committee for permission to apply for membership until such permission is granted.

 

ARTICLE V     UNIT OFFICERS

Section 1.
The Officers of a Unit shall be a President, a First Vice President, Second Vice President, a Secretary and a Treasurer. These Officers with not less than three (3) additional elected members shall comprise the Unit Executive Committee. These Officers shall be elected at a regular or special meeting in May and shall be installed in May or June, this is to become effective in May and June, 1967.

 

ARTICLE VI     POWERS

Section 1.
This Auxiliary Unit shall be subject to all provisions of the National and Department Constitutions of the American Legion Auxiliary.

 

ARTICLE VII     AMENDMENTS

Section 1.
Amendments to this Constitution may be made at any meeting of the Auxiliary Unit by a two-thirds vote of the members present, provided that a notice of the proposed amendment has been given in the call of the meeting, provided the amendment has been read at the previous regular meeting and further provided that this Constitution shall not amended to confict with any rules or regulations adopted by the National or State Department American Legion Auxiliary.

 

Section 2.
The Executive Committee of this unit shall have full power to amend this Constitution whenever it is necessary to immediately conform to any changes in the National or State Department Constitution.

 


 

By-Laws

 

ARTICLE I     ADMINISTRATION

Section 1.
Between meetings, the administration affairs of this Unit shall be under the supervision of an Executive Committee, which shall consist of at least three elected members in addition to the Unit Officers (President, two Vice Presidents, Secretary and Treasuer).

 

ARTICLE II     POWERS

Section 1.
This Auxiliary Unit shall have have full power to admit candidates for membership.

 

Section 2.
Members may be suspended or expelled from the Unit only upon proper showing of cause. Charges shall be based upon disloyalty, neglect of duties, dishonesty and conduct unbecoming a member of The American Legion Auxiliary.
All charges must be under oath, in writing, by the accusers and no member in good standing shall lose her membership until given a fair trial, in such manner and form as the National Executive Committee has prescribed.

Section 3.
The Unit Executive Committee shall be empowered to remove any officer who does not satisfactorily fill her respective position or any member who is a disturbant factor of a Unit.

 

ARTICLE III     ELECTIONS

Section 1.
The annual election of Offficers, members of the Executive Committee and members of the Suffolk County Committee shall be held at a regular or a special meeting in May and prior to the County Election.

 

Section 2.
When a vacancy occurs in the Executive Committee in any office of the Unit or in the County Committee, it shall be filled by a majority vote of the members present at the next meeting. A person so elected shall hold office for the unexpired term of her predecessor.

Section 3.
Installation of Officers shall be in May or June and prior to the County Election and annual reports shall be read.

 

ARTICLE IV     DUTIES OF OFFICERS

Section 1.
President:It shall be the duty of the President to preside at all meetings of the Auxiliary Unit and Executive Committee.She shall be its Chief Executive Officer, exercising a general supervision over the welfare and interest of the Unit and shall perform such other duties as pertain to her office. She shall be a member ex-officio of all committees. The President, with the Secretary, shall decide upon all matters for publication.

 

Section 2.
Vice President: It shall be the duty of the Vice President, in her order, to act for the President in her absence or disability. It shall be her duty to keep in touch with activities and progress of the Unit.

 

Section 3.
Secretary:It shall be the duty of the Secretary to record all proceedings of the Unit and of the Executive Committee meertings, to keep all books that are needed to successfully carry on the work of the office, to receive and answer all official mail under the direction of the President, to send and give proper notice of all meetings, to care for the archives of the Unit and keep a record of all money received from all members for per capita assessments or other sources, She is hereby vested with such authority as is necessary to carry out her duties successfully for the good of The American Legion Auxiliary.

Section 4.
Treasurer:It shall be the duty of the Treasurer to receive all money belonging to the Unit and deposit same at such bank institutions as shall be designated by the Unit. All disbursements shall be made only upon order signed by the President. The Treasurer's books shall be open for inspection at all times and shall be audited quarterly. All persons shall be bonded by a National policy payable through Department Headquarters.

 

ARTICLE V     DUTIES OF COMMITTEES

Section 1.
Every Commitee Chairman shall present a report upon request of the Unit President and shall send an annual report to the County Chairman of her respective committee when called upon. Each committee shall follow closely the plan outlined by the Department Chairman of her committee.

 

Section 2.
Veterans Affairs and Rehabilitation and Committee on Children and Youth: The Veterans Affairs and Rehabilitation and Committee on Children and Youth shall have jurisdiction over the giving of relief to indigents, funerals of members and their relatives, care of the families of exservicemen and compensation.

Section 3.
Historian: It shall be the duty of the Historian to prepare for posterity the records of the Unit and to make a report at the annual meeting.

Section 4.
Chaplain: It shall be the duty of the Chaplain to conduct divine but non-sectarian service at all meetings of the Unit as required. She shall keep a record of all deaths and shall perform such other duties as are prescribed by the President.

Section 5.
Sergeant-at-Arms: It shall be the duty of the Sergeant-at-Arms to guard the door, allowing no one to enter during the opening, the initiation or the closing ceremonies and to perform such other duties as the President may direct.

Section 6.
Color Bearers: It shall be the duty of the Color Bearers to have charge of the flags and perform whatever ceremonies are customary in meetings of the Unit.

Section 7.
Finance: The Finance Committee shall have general supvision over the financial affairs of the Unit, shall approve all bills and audit the books of the Treasurer.
    (a) Each Unit shall include the sum of forty cents with the annual dues for each of its members to the Departtment Valentine gifts for hospitalized veterans.
    (b) The Fiscal year shall begin June 1st and end May 31st.

Section 8.
Membership: The Membership Committee shall have supervision over the procuring of new members and the reinstatement of members.

 

ARTICLE VI     DUES

Section 1.
The dues of Senior members shall be $15.00 per year; from such dues the Treasurer shall pay to the Department Treasurer for each of its Senior members, the sum of Eight dollars and eighty cents. Distribution of these dues shall be as follows: two dollars and seventy-five cents for Department (fifty cents of which shall be in a special fund to defray the expenses of the ten District Presidents, including necessary and actual expenses of District Conferences, with the provision that any all social expenses shall not be the responsibility of the Department); and five dollars for the National Organization for Senior members which shall include subscription to the National News; fifty-five cents for Department and National Rehabilitation taxes and fifty cents to the County Treasurer.

 

    (a) The dues of Junior members shall be $5.00 per year. Each Unit shall pay to the Department Treasurer for each of its Junior Members the sum of two dollars and sixty-five cents. Distribution of these funds shall be as follows: seventy-five cents to the Department, one dollar and twenty-five cents for the National Organization; forty cents for Department Rehabilitation taxes and twenty-five cents to the County Treasurer.

 

ARTICLE VII     PENALTIES

Section 1.
Annual dues shall be payable following Convention for the succeeding calendar year.A member failing to pay such annual dues by January 31st shall be classd as delinquent and shall be suspended from all membership privieges, provided, however, such suspended member shall be notified by the Secretary of the Unit in writing of such suspension prior thereto. Payment of back dues after suspension shall reinstate such member to active membership. Any member delonquent to December 31st of the year of delinquency shall automatically be dropped from the rolls and may not thereafter be reinstated without the payment of all past dues or by reestablishing eligibility and making application as a new member.

 

 

Section 2.
An officer failing to attend three consecutive meetings without a reasonable excuse, shall be notified by the Secretary and the office be declared vacant by the President. The Secretary shall announce at each meeting the absent officers. This shall also apply to the members of the Executive Committee.

 

ARTICLE VIII     TRANSFERS

Section 1.
Any member in good standing in a Unit shall be entitled to transfer to another Unit. Any member in good standing wishing to tranfer to another Unit must present to the new Unit her current membership card. Upon acceptance of the transfer applicant by the new Unit, the Unit Secretary will complete the Certificate of Transfer. The member then shall be entitled to active membership in said Unit. No dues shall be transfered.

 

ARTICLE IX     NOTICES

Section 1.
Every member shall furnish to the Secretary an address to which all notices and documents may be sent and the same shall be held to be duly sent to or served upon a member when posted or otherwise mailed to her at the address so furnished.

 

Section 2.
Three days previous notice shall be given of all meetings of this Auxiliary Unit and three days previous notice of all meetings of the Executive Committee except when elections occur.

Section 3.
When elections take place, five days previous notice shall be given members, specifying that an election is to be held.

 

ARTICLE X     UNIT MEETINGS

Section 1.
Regular meetings of this Unit shall be held on the second Tuesday of each month at 7:00 o'clock.

 

Section 2.
Special meetings of this Unit may be called by the President, a majority of the Executive Committee or upon written request of eight members of the Unit.

Section 3.
Eight members shall constitute a quorum at any meeting of the Unit.

Section 4.
Unit meetings shall not be held at the same time as County meetings.

 

ARTICLE XI     EXECUTIVE COMMITTEE MEETINGS

Section 1.
The Executive Committee shall meet at the call of the President or upon written request of at least four members of the Committee.

 

Section 2.
Two members shall constitute a quorum of the Executive Committee.

 

ARTICLE XII     DEPARTMENT CONVENTION

Section 1.
This Auxiliary shall be represented in Department Convention by one delegate and one alternate for the first ten paid up members, and one additional delegate and one alternate for each additional one hundred members or major fraction thereof, whose dues have been paid thirty days prior to the date of the Department Convention. The delegates and alternates shall be elected at a regular or special meeting of the Unit to be held not less than two weeks before the Convention. The immediate Junior Past President of the Unit shall become the first delegate elected.

 

Section 2.
It is recommended that each County give expense money to their delegates and alternates to Department Convention.

 

ARTICLE XIII     COUNTY COMMITTEE

Section 1.
Representation in the Suffolk County Committee shall be in accordance with the Department Constitution. President of this Unit and two members for the first ten members and one additional member for each additional fifty members or major fraction thereof.

 

ARTICLE XIV     APPOINTMENTS

Section 1.
The President immediately upon taking office, shall appoint a Chaplain, Historian, Sergeant-at-Arms and Color Bearers who shall serve for one year or until their successors are chosen.

 

Section 2.
The President shall appoint the following standing committees: Veterans Affairs and Rehabilitation, Children and Youth, Finance, Membership and such other committees as the Department requires.

 

ARTICLE XV     LIMITATION OF LIABILITIES

Section 1.
This Unit shall not incur or cause to be incurred any liabilities or obligations whatever which shall subject to liability any other Unit, Post, sub-division, Department Organization, Committee or group of members of The American Legion Auxiliary or The American Legion.

 

ARTICLE XVI     RESOLUTIONS

Section 1.
All resolutions of State and National scope presented to this Unit by a member or reported to this Unit by a Committee shall merely embody the opinion of this Unit on the subject, and a copy of the same shall be forwarded to Department Headquarters for its approval before publicity is given or action, other than mere passage of this Unit is taken.

 

ARTICLE XVII     RULES

Section 1.
The rules of procedures of this Auxiliary Unit shall be those set forth in "Robert's Rules of Order Newly Revised." except as otherwise expressly provided therein.

 

ARTICLE XVIII     AMENDMENTS

Section 1.
Amendments to these By-Laws may be made at any meeting of the Auxiliary Unit by a two-thirds vote of the members present, provided that notice of the proposed amendment has been given in the call of the meeting, provided that the amendment has been read at the previous regular meeting, and further provided that this Constitution shall not be amended to conflict with any rules or regulations adopted by the National or State Department American Legion Auxiliary.

 

Section 2.
The Executive Committee of this unit shall have full power to amend these By-Laws whenever it is necessary to immediately conform to any changes in the National or State Departmwnt By-Laws.



The foregoing Constitution and By-laws has been updated to include all revisions to the Constitutiion and By-Laws approved on 16, May, 2000 as approved by committee and membership. Approved by Andrea Smykowski, President and Carolyn Brown, Secretary.

Approved June 29, 2001 by Charlotte Deiavan, Department of New York Constitution and By-Laws Chairman, American Legion Auxiliary.

 


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