| FOR GOD AND COUNTRY |
SERVING THE COMMUNITY, STATE
AND NATION
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16th District By-Laws
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Article I Section 1 The name of this organization shall be the Sixteenth District, The American Legion, Department of Illinois. Section 2 The District Headquarters shall be located in the city and home of the elected District Commander, and shall be changed accordingly each year. Article II Nature Section 1 Nature of the 16th District shall be as defined in the Department of Illinois Constitution. Article III Jurisdiction Section 1 Jurisdiction of the 16th District shall be as defined in the Department of Illinois Constitution. Article IV Eligibility Section 1 Elligibility for membership in the District shall be governed by the provisions of the National Constitution of The American Legion. Section 2 There shall be no form of membership except active membership. Article V Legislative Organization Section 1 The Legislative Body shall be the Sixteenth District Convention, to be held annually at a time and place to be fixed by the District Comander with approval of the District Executive Committee in accordance with the rules of The American Legion, Department of Illinois. Each Convention shall adopt its own rules of Order. Section 2 The District Adjutant, at the direction of the District Commander, shall issue a call for the District Convention not less than 30 days prior to the opening day of said convention. Section 3 At the District Convention, each Post shall be entitled to one delegate and one alternate for each 100 members or major fraction thereof, whose current dues for Post membership have been received by the Department Treasurer, ten days prior to the meeting of the Convention, provides that such delegates and alternates shall be members of the Post electing them. Section 4 Each delegate shall be entiteld to one vote. The Vote of any delegate absent, and not represented by an alternate, shall be cast by the majority of the delegates present from the Post. In the absence of both a delegate or an alternate , then the vote will be represented by the county in which teh post is located. Section 5 A certified list containing the names and addresses of the Convention Delegates and Alternates shall be sent to the District Convention. Section 6 A quorum shall exist when ten percent (10%) of the Posts of the District are represented by delegates or alternates present. Section 7 No appointed officers of the Sixteenth District, The American Legion, Department of Illinois shall be elligible for membership in the District Convention, except as provided in Section 3 of this Article. Section 8 Each accredited delegate and alternate shall be entitled to receive, without charge therefor, the official convention badge and credentials; however this does not preclude the payment of fees,as set by the host Post to defray the expense of said items. Section 9 Only accredited delegates and alternates shall be eligible for appointment to any Convention Committee. Section 10 One copy of each resolution to be presented to the District Convention shall be presented to the District Adjutant on the day of the Convention; or at any prior District meeting; except resolutions affecting changes in the Constitution and by-lawsof the District; which resolutions shall be presented to the District Adjutant no less than 30 days prior to the opening of the Distrrict Convention, who shall mail a copy of the resolutions proposing changes in the District Constituion to the Posts of the District no less than 10 days prior to the opening of the Convention. Section 11 All resolutions presented by the District Convention shall be drawn in such form as that resolution was adopted by the Sixteenth District, The American Legion, Department of Illinois, in convention assembled. Article VI Section 1 The District Convention shall elect a District Commander, District Sr. Vice-Commander, District Jr. Vice-Commander and District Finance Officer. The District Convention shall elect delegates and alternates to the National Convention of The American Legion. Section 2 The District Commander shall be a member of the 3rd Division Executive Committee and shall be the District Executive Committeeman on the Executive Committee of The American Legion, Department of Illinois. Section 3 Upon the death, resignation or removal from the District, of any District Officer, The executive Committee of the District shall name a successor to fill the vacant office, which procedure shall be governed by Sec 4 of Article VII of the Department Constitution. Section 4 The District Commander, District Sr. Vice-Commander, District Jr. Vice-Commander and District Finance Officer, all Past District Commanders and all County Commanders, to be cast with their respective Posts. Section 5 Elective officers shall take office on adjournment of the ensuing Department Convention. with the exception of the Distric Commander, no other District elective officer shall succeed himself in the same office. The District Commander shall be eligible for re-election to succeed himself for an additional term of one year. Prior to their election, candidates for office are required to have attended 2 District meetings within the past year, and all moneys due to the district from their respective Post shall have been paid. Section 6 With the approval of the District Executive Committee, the District Commander shall appoint a District Chaplian, a Sergeant-at-Arms,a District Adjutant, a District Judge Advocate and such assistant Sergeant-at-Arms as may be deemed necessary, who shall hold office at the pleasure of the appointing officer. Section 7 If possible, no more than one of the elected officers shall be from the same county. Artcle VII Section 1 Between meetings and conventions, the administrative powers shall be vested in the Sixteenth District Executive Committee which shall be composed of the District Commander, District Sr. Vice-Commander, District Jr. Vice-Commander and District Finance Officer, the County Commanders of the counties within the Sixteenth District. The immediate Past District Commander who shall have the right to vote for 1 year. All past District Commanders shall be exofficio members of the District Executive Committee with a voice but no vote. Section 2 The District Executive Committee shall meet as provided by article 9, section 2, for the purpose of selecting members to represent the District on Department Commissions and committees, on which the District is authorized to have an member, and also to select the District Committee Chairman for the ensuing year, and thereafter, The District Executive Committee shall meet at the call of the District Commander. The District Commander shall call a meeting upon the written request of three members of the executive committee. Section 3 A majority of the voting members of the District executive Committee shall constitute a quorum. Section 4 The executive Committee shall have the power to fill vacancies in any office until the succeeding District Convention, except as is herein otherwise specified. Section 5 The District Commander shall be Chairman, and the Senior Vice-Commander shall be the Vice-Chairman of the District Executive Committee. Secton 6 The District Commander is empowered to appoint such special Committees as may be ordered by the District Convention, District Meetings, District Executive Committee or the Department Executive Committee with the appointees to any such committees being approved by the District Executive Committee. Article VIII By-laws Section 1 The District Convention shall have authority to adopt by-laws not inconsistant with the provisions of the Constitution, which said by-laws shall contain the parlimentary rules of the Convention and subsequent meetings. The by-laws adopted at one Convention shall constitute the temporary rules of the next succeeding convention until the report of the Convention Rules and Credentials Committee is submitted thereto adopted. Article IX Meetings Section 1 Four District meetings shall be held annually at a time and a location to be adopted by the District Commander with the approval of the* District Executive Committee.* Section 2 (a) The District shall have a convention and a caucus as required by the Department of Illinios Constitution. (b) A District organizational meeting shall be held prior to the Third Division organizational meeting. (c) The Fall, and Spring meetings shall be at the call of the District Commander.* (d) Other special meetings shall be called by the District Commander with the consent of the District Executive Committee or by three voting members of the District Executive Committee; adding notice of such special meetings will bw made at least fifteen (15) days prior to the meeting. * as ammended May 22, 2005 At convention DePue, Il. Article X Finance Section 1 The Finance Officer shall be custodian of all funds of the District and rendor a report at each meeting. Section 2 The funds of the District shall be used for any American Legion Program as directed by the membership at any regular meeting of the District. Section 3 The District Commander shall appoint an audit Committee at the Convention to so audit the Financial records of the Sixteeenth District in regards to receipts and expenditures and report the assembled delegates at the annual Convention as to the correctness of the financial records of the Sixteenth District. If any expenditures are incurred at the annual District Convention the obligation will be paid by following the District Convention by the current Finance Officer and Audit Committee will attest to the correctness of the financial records following said payment. No other financial transaction will be allowed until the incoming Finance Officer is in charge of the Sixteenth District Finance Records. Section 4 The fiscal year of the Sixteenth District, The American Legion, Department of Illinois shall be from Convention to Convention.
Article XI Qualification and Ammendments Section 1 In the event that any of the Articles of the Constitution of the Sixteenth District, The American Legion, Department of Illinois is inconsistant with the Constitution of The American Legion, Department of Illinois or the National American Legion, the Constitution of The American Legion, Department of Illinois andthe National American Legion shall take precedence. Section 2 Any area of activity of The American Legion which is not referred to in the Constitution of the Sixteenth District, The American Legion, Department of Illinois shall be governed by the Constitutions of The American Legion, Department of Illinois and the National American Legion. Section 3 This Constitution may be ammended at any District Convention by the affirmation vote of two-thirds of the total authorized representation providing that the resolution proposing such amendment has been properly presented as set forth in article V Section 10 of this Constitution.
1 Robert's Rules of Order shall govern all meetings when not covered by the Constituion and By-laws of the District, Department or National. Speeches shall be limited to five minutes and one time to each member or delegate. Meetings shall be conducted as provided in the ritual. 2 A quorum of 20%of the Posts in the District is required at all meetings. No business shall be transacted until a quorum has been found to be present. Nothing shall be tabled at the District Convention. 3 A roll call vote shall be by Post in order as printed in the membership report, with the unit rule Prohibited, when three Posts demand a roll call vote. Each Post shall conductits own roll call. 4 The Convention shall have the following Commitees:
5 Only resolutions in writing, in proper form shall be considered by the Convention. 6 Assessment is established at five cents ($.05) per member and is based on the prior years membership. 7 All Nominations shall be preferred by counties as listed in the membership report, in sequence. If a county has no candidate, the next county in line has the opportunity to propose a candidate. 8 The District Convention shall elect the proper amount of delegates and alternatesto the National Convention, and such delegates and alternates shall be allocated as follows:
No delegate shall succeed themselves unless by majority vote. No delegate shall be elected a National Delegate unless they have attended two District meetings in the preceding year. When the delegate from a county cannot function, the first alternate from that county shall function. The first general alternate shall function as follows:
9 At the District Convention and meetings, each delegate shall be entitled to a vote. The vote of any delegate absent and not represented from the Post by an alternate shall be cast with teh majority of the delegates of that Post. The vote of absentee Posts shall be cast with the majority of the delegates from the county in which the Post is located. 10 Rules may be suspended by a two-thirds vote of the Convention.
Adopted at the Sixteenth District Convention held at Wyoming, Illinois on June 12,1983. Amended at the Sixteenth District Convention held at Delavan, Illinois on June 8,1997. Amended at the Sixteenth District Convention held at Galva, Illinois on May 22, 2005. Amended at the Sixteenth District Convention held at Galva, Illinois on May 1, 2011. |
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