I know there has been a lot of concern about what lies ahead over the next two and a half months. Department headquarters and the Constitution & Bylaws Commission have been working on this for a few weeks now and are trying to help all our posts and districts get through this pandemic while taking care of business. There are a few things I’d like to clarify for you at this time.
What is happening with convention? On April 25, the Department Executive Committee will be meeting to discuss all options and make a decision at that time what we’re going to do about the Department convention. They will be looking at what we must do and the best way to achieve it. Several critical issues will be addressed. Regardless of the convention decision pending, we all still have business that we are required conduct in order to maintain our non-profit corporate status. It is what we must do.
What about National’s recommendation? National headquarters understands that each department and post are separate functioning entities. There are National Constitution and Bylaws we must follow in order to conduct the business of The American Legion. They also understand that the freedom of choice is a sacred thing to Americans and to all legionnaires and this is protected in our bylaws on all levels. This is why they made a recommendation, which the NEC is voting on.
What are we supposed to be doing? Your first point of reference are your bylaws. They are there to guide you and protect the integrity of your post and your membership’s right to choose. We have been working on trying to create vehicles by which you can fulfill the needs of your post and its bylaws.
You should be doing everything you can to conduct the elections that are required by your bylaws. You can be creative in how you do this, but you must follow your bylaws. If your post membership wants to keep its current officers in place, then nominate and reelect them. Sometimes an officer wants to stay on board and sometimes they need to step aside. Sometimes someone else is ready and willing to take on the job. Soon, our daily life will start to return to some degree of normalcy, and we should be prepared to keep things moving along.
Department Bylaws Article V, Section 9 states: Post elections shall be held annually, at a regular meeting during either April or May. Elective and appointed officers will serve for one year and shall be installed by a ritual team or a past commander, in accordance with the National Manual of Ceremonies, prior to the first (1st) day of September following the annual post elections.
What about Department? Department needs to fulfill its obligations under its bylaws. A big part of this is regardless of the status of convention, all posts are still required to conduct a minimal amount of business. All reports must still be turned into Department on time. If you are late with something, still submit it as soon as you can, but please get it done!
How can I get some help? Your first avenue is to contact your district commander or adjutant for assistance. If you need training, visit the Training Request Form Page and fill out a request form. If you have any questions about your bylaws or how to work on them, feel free to contact either your area commissioner or me.
There will also be an online training session on bylaws this coming Sunday, April 19 at 2 p.m. Information on how to check in will be available soon. Visit the Online Training Page for past training sessions and materials.
Autrey James has done a detailed breakdown of what the bylaws and the California Corporate Code says about the issue. You can find his analysis here.
Author: Mark Rice
Mark Rice served as an Air Force Medic during Vietnam and Desert Storm. He is the Chair of the Constitution and Bylaws Commission and is a 28-year Legionnaire of Post 383 in Fair Oaks.
