Article I - Name
Article II - Nature
Article III - Eligibility
Article IV - Department Organization
Article V - Election and Appointment of Department ...
Article VI - Subsidiary Organizations
Article VII - Department Executive Committee
Article VIII - Fiscal Year
Article IX - Finances
Article X - Discipline
Article XI - Penalties
Article XII - District Organization
Article XIII - Unit Organization
Article XIV - Unit Activities
Article XV - Amendments
Article XVI - Parliamentary Authority

Department of California Constitution

Article I

Name

The name of this organization shall be AMERICAN LEGION AUXILIARY, Department of California.

Article II

Nature

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

Section 2.
The American Legion Auxiliary shall be absolutely nonpolitical and shall not be used for the dissemination of partisan nor for the promotion of the candidacy of any person seeking public office or preferment. No candidate for nomination or election to, or no incumbent of, any remunerative elective public office, shall hold any elective office or appointive office in the American Legion Auxiliary or in any Department or Unit thereof provided that members of Unit, Department or National standing or special committees shall not be affected.

Article III

Eligibility

Section 1.
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, and great-granddaughters 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; (per National Mandate) 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 government associated with the United States during any of the said periods, and died in the line of duty or after honorable discharge; and to those women who of their own right are eligible to membership in The American Legion. Note: California laws entitle stepmothers, stepdaughters, and stepsisters to above eligibility. (2007)

Section 2.
Eligibility does not constitute acceptability.

Section 3.
Gold Star Members. Entitled to wear gold star pins, are mothers, wives, sisters, daughters, granddaughters, great granddaughters, and grandmothers of one who was regularly enlisted, drafted, inducted, or commissioned and who was accepted for and assigned to active duty in the Army, Navy, Marine Corps, Coast Guard, or Air Force of the United States at some time 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 3 1, 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 (per National mandate); all dates inclusive; or who being a citizen of the United States at the time of his entry therein served on active duty in the Armed Forces of any governments associated with the United States during any of the said wars or hostilities, and who did not refuse on conscientious, political or other grounds to subject himself to military discipline or unqualified service; or who was separated from service under circumstances amounting to dishonorable discharge which has been subsequently restored to an honorable status, and who died during such service or who died prior to June 2, 1921 (the legal termination of the war), with reference to service in World War I, or prior to April 28, 1952 (the legal declaration of peace by the United States government), with reference to service to World War II or on or before January 31, 1955 (the date set by the government of the United States as the termination of hostilities for compensative purposes), with reference to service during the war which commenced June 25, 1950, or on or before May 7, 1975, (the date set by the government of the United States in Public Law 93-52 for the termination of combat activities), with reference to service during the hostilities which commenced December 22, 1961, his death being attributed to his service. (1987) The foregoing applies also to the mother, wives, sisters, daughters, granddaughters, great granddaughters and grandmothers of men and women who died in line of duty in WWI, WWII, Korean Conflict, Vietnam Hostilities, Grenada/Lebanon and Panama. (2007)

Section 4.
There shall be two classes of membership, Senior and Junior.

A.      Senior membership shall be composed of members over the age of eighteen (18) years; provided however, that a wife under the age of eighteen (18) years, who is eligible under Section I of this article, shall be classed as a Senior member.

B.      Junior membership shall consist of that group under the age of eighteen (18) years, whose activities shall be supervised by the Senior membership.  Upon reaching the age of eighteen (18) years, Junior members shall automatically be admitted into Senior membership with full privileges.

C.      Dues of both classes shall be paid annually or for life. (2007)

Section 5.
No person shall at any time be a member of more than one (1) Unit.

Section 6.
Applicants for membership in the American Legion Auxiliary shall be voted upon as provided in the approved Unit Bylaws.  Applicants accepted as members shall be obligated or initiated and shall be entitled to a membership card and an Auxiliary pin.

Article IV

Department Organization

Section 1.
The legislative body of the American Legion Auxiliary, shall be the Department Convention, to be held annually, not to exceed four (4) successive days.  The time and place, to be the same as that of The American Legion; provided, an invitation is extended by them, adequate accommodations are available, and their convention is held prior to the National Convention.

In the event it is not feasible to hold a convention at the same place as that of The American Legion, the time and place shall be determined by a vote of the Executive Committee.

Section 2.
The annual convention shall be composed of regularly elected and appointed Department Officers, District Presidents, Past Department Presidents in good standing in their respective Units, chairmen of Department committees, members of the Department Finance Committee, Girls State Director, Junior Conference Director, Hospital Representatives, and regularly elected delegates and alternates from each Unit.  Each Unit shall be entitled to two (2) delegates and two (2) alternates for charter and one (1) additional delegate and one (1) alternate for each seventy-five (75) members or major fraction thereof, paid up in Department Headquarters forty-five (45) days prior to the opening of Department Convention. The vote of each Unit shall be equal to the total number of delegates to which the Unit is entitled, provided full registration fee has been paid for such delegates at the call of the Department Secretary/Treasurer prior to preconvention caucus. (1988)

No delegate or delegates from any Unit shall be seated in Department Convention or preconvention caucus unless all obligation to Department shall have been paid or satisfied.

Delegates from new Units whose application for charter shall have been signed by the Department President and forwarded to National Headquarters after designated membership closing date, but prior to the preconvention caucus and/or the Department Convention, and whose bylaws shall have been approved, and all other Department requirements have been met, shall be seated in delegation and Department shall allow increase in District voting strength. (Note: (A) Registration fee of Department Officers, Past Department Presidents, District Presidents, and chairmen of Department committees and all other accorded voice and vote must be paid. (B) Alternates, unless registering and serving in place of regular delegates, shall not be seated with the delegation.

Section 3.         
A quorum shall exist at Department Convention when one-third (_) of the Units in good standing are partially or wholly represented by duly elected delegates or alternates.

Section 4.         
Triplicate copies of amendments pertaining to the Constitution and Bylaws to be in Department Office not later than seventy-five (75) days prior to the opening of the following Department Convention. (1994)

A.         Resolutions pertaining to finance to be in the Department Office not later than sixty (60) days prior to the opening of the following Department convention. (1994)

B.      All resolutions other than the above must be in Department Office forty-five (45) days prior to the following Department Convention.  Exceptions to this may be made to allow the presenting of emergency resolutions not later than noon of the second day of convention. (1994)

C.      All resolutions will be numbered in Department, one (1) copy to be kept in the office files, the remaining resolutions to be sent to the Department Resolutions Chairman within five (5) days after being received by Department Office.  She in turn will direct them to their respective committees. (Note: Emergency resolutions are those which arise during the convention or after the date established for admitting them.)

Article V

Election and Appointment of Department Officers, One Member of the Finance Committee, District Presidents, and Vice Presidents, National Delegates and Convention Committees

Section 1.
The Department Convention shall elect annually a president, vice president, and one member of the Finance Committee.  Department Convention shall ratify the election of District Presidents and District Vice Presidents nominated and elected by convention delegates at District preconvention caucus to be held not earlier than forty-five (45) days nor later than fifteen (15) days prior to the opening of the following Department Convention. (1984)

A.      Voting in District preconvention caucus shall be by regularly elected delegates to Department Convention or alternates serving as delegates to the forthcoming Department Convention.  Department Officers, District Presidents, Past Department Presidents, Department Chairmen, Members of the Department Finance Committee, Girls State Director, Junior Conference Director, and Hospital Representatives in good standing in their respective Units shall be entitled to vote. (1994)

Section 2.        
Candidates seeking elective Department office or Junior Member of Finance Committee shall be nominated from the convention floor.

Section 3.         
When there is but one candidate for all offices and member of the Finance Committee, the nominees shall be elected viva voce.

A.      District roll call shall be taken to determine that a quorum is present at the time of roll call.

B.      Each District President shall be responsible to the convention to report the number of Units in good standing partially or wholly represented by duly elected delegates or alternates present in the delegation at the time of roll call.

Section 4.         
When there is more than one candidate for office or member of the Finance Committee, election shall be by written ballot.

A.         Procedure of election shall be written ballot cast by the delegated body.  Each delegate shall cast her ballot in a sealed individual District ballot box.  The District President and the District member of the Election Committee shall be in charge of said box.  When balloting is completed in each District, the District President and District member of the Election Committee shall deliver the ballot box to the Department Chairman of the Election Committee who shall publicly break each seal and deposit the contents into one large box.  This container shall remain on the platform in the convention hall until ballots from all Districts have been deposited.

B.      Said Election Committee shall consist of a chairman appointed by the Department President and one (1) member appointed from each District delegation by the District President. (1994)

C.      It shall be the duty of said Election Committee to count the ballots without regard to District groupings and the Election Committee Chairman shall announce the number of votes cast for each candidate.

D.      A majority of votes cast shall elect except in the case of National delegates and alternates, wherein a plurality Vote shall elect.

E.      When there is but one (1) candidate for office the ballot may be dispensed with and nominee elected viva voce.

F.       District roll call shall be taken for the purpose of obtaining voting strength of the convention. Each District President shall be responsible to the convention body that the number of votes cast shall not exceed the voting strength at the time of roll call. (1994)

G.      No one shall be permitted to enter or leave the meeting room during voting. (1994)

Section 5.         
Any member in good standing, present at convention or preconvention caucus, or who has given her written consent, is eligible to seek Department office.

Section 6.
Elective Department Officers, Junior Member of Finance Committee, District Presidents and District Vice Presidents shall be installed prior to and take office upon the adjournment of the Department Convention at which they were elected, or ratified; and serve until the adjournment of the succeeding Department Convention.

Section 7.         
The Department President shall appoint the following Department Officers: Chaplain, Historian, Parliamentarian, Sergeant-at-Arms, Marshal, and Musician.

Section 8.
In case of death, resignation, or removal of the Department President, the Vice President shall immediately succeed to the office; vacancies in all other Department elective offices and Finance Committee occurring between conventions shall be filled by the Department Executive Committee.

A.      In case of a vacancy in the office of Department Vice President or other elective office or the Department Secretary/Treasurer, the Department President is empowered to fill such vacancies by calling an emergency Executive Committee meeting or by a referendum vote of the Department Executive Committee within (30) days.  In the event of vacancies in both the Department President and Vice President offices, the Department Secretary/Treasurer is empowered to call a meeting of the Department Executive Committee or by a referendum vote within thirty (30) days. (1984)

B.      In case of vacancies in the offices of Department President, Department Vice President, and Department Secretary/Treasurer simultaneously, the Junior Past Department President, Department Parliamentarian, and the Department Finance Committee Chairman shall call an emergency meeting of the Department Executive Committee within (30) days of such vacancies.  This meeting shall be held in the Department Headquarters of the American Legion Auxiliary.

C.          Vacancy occurring in the office of District President shall be filled by the District First Vice President. A vacancy in the office of First Vice President shall be filled by the Second Vice President. Any other vacancy in the office shall be filled by vote of the District at a called meeting. Each Unit shall vote the value of previous convention voting strength, and shall report to the District President prior to election the names of those selected to cast said votes.  Department Officers, District Presidents, Past Department Presidents, Department Chairmen, Members of Department Finance Committee, Girls State Director, Junior Conference Director, and Hospital Representatives in good standing in their respective units in the District shall be entitled to vote.  Said election shall be ratified by the Department President.

Section 9.
The convention committees shall be composed of one (1) member from each District of the state, and shall be appointed by the District Presidents from Unit delegates and approved at the District preconvention caucus.  Any vacancy occurring after the preconvention caucus, shall be filled from the delegation appointment made by the District President, who shall notify the Department chairman in charge of the convention committee to which the delegate was appointed.

Section 10.
Delegates and alternates to National Convention shall be elected at Department Convention as prescribed by the National organization.  Each District will present the names of the elected delegate and/or alternate for ratification.  The privilege of further nominations, provided the number of delegates and/or alternates is under the designated number, shall be given to the Districts according to numerical membership. (1994)

Section 11.
The Department Convention shall elect annually five (5) delegates for charter and one (1) for each one thousand five hundred (1,500) members or major fraction thereof, and one (1) alternate for each delegate to the National Convention. Election shall be by ballot when the number of candidates exceeds the number designated.  A plurality vote shall elect. (1994)

Section 12.
When the number of candidates exceeds the designated number, election by ballot shall be held. (1994)

Section 13.
The retiring Department President shall automatically become the National Executive Committeewoman and National Security Chairman, and the Department President her alternate.  In case of vacancy in office of National Executive Committeewoman or alternate, her successor for the unexpired term shall be chosen by the Department Executive Committee. (1994)

Section 14.
All members seeking National office shall be endorsed at a Department Convention by a majority vote not more than two (2) years prior to the date they are to be a candidate for office.  Vote shall be by ballot. (1994)

Article VI

Subsidiary Organizations

Section 1.         
All subsidiary organizations of the American Legion Auxiliary shall be subject to regulation by action of the Department Convention or the Department Executive Committee of the American Legion Auxiliary.

A.         Subsidiary organization in the Department of California shall be the 8 et 40 Departmental, County Councils, and all other groups as may be organized under the name and jurisdiction of the Department of California.

B.      All proposed activities other than those approved by action of the Department Convention or Executive Committee of the American Legion Auxiliary, or in approved bylaws and/or standing rules, as provided in Section D must be approved by the Department President.

C.      An annual financial statement shall be submitted to the Department President thirty (30) days prior to Department Convention.  All persons handling funds in subsidiary organizations shall be bonded, said bond to be paid by the organization annually.

D.      The bylaws and/or standing rules of all subsidiary organizations shall be approved by the Department Constitution and Bylaws Chairman and signed by the Department President.  A copy shall be filed with the Department Constitution & Bylaws Chairman.  No bylaws, standing rules or amendments thereof shall be in conflict with the adopted Department or National Constitution and Bylaws.

E.      The names and addresses of all officers of subsidiary organizations shall be sent annually, following election, to the Department President of the American Legion Auxiliary.

F.       When by mutual consent, or on demand of the Department Executive Committee of the American Legion Auxiliary, any subsidiary organization is dissolved, said organization shall send to Department Headquarters all properties, records, and monies after organization indebtedness is paid; provided requirements of sponsoring organizations are met and the Salons of the 8 et 40 shall forward charter and material to Departmental Salon.

Section 2.        
County Councils.  It shall require a request to the Department President from the membership of a majority of the units of any county to organize a council within said county.  All councils shall maintain a continuous membership of a majority of said units at all times in order to function.

Article VII

Department Executive Committee

Section 1.
Between Department Conventions, the administrative power shall be vested in a Department Executive Committee, but without power to modify any previous Department Convention action. This committee shall be composed of the Department President, Department Vice President, Junior Past Department President, Past National President of the Department of California, District Presidents, Department Chairmen of Standing Committees, Members of the Finance Committee, Parliamentarian, Girls State Director, and Junior Conference Director. The Secretary/Treasurer and Parliamentarian shall be non-voting members of the Executive Committee and voting members of the Department Convention. (2007)

Section 2.
Past National Presidents, by virtue of distinguished service to the American Legion Auxiliary and to the Department of California shall be life members with voice and vote. (1994)

Section 3.
All other Department Officers and Past Department Presidents, in good standing in their respective units, shall be notified of time and place of meetings and be extended courtesy of being seated with voice but no vote. (1994)

Section 4.
Fifteen (15) members shall constitute a quorum for the purpose of transacting business. (1994)

Section 5.
The newly elected/appointed Executive Committee shall meet immediately following Department Convention. Whenever there is a vacancy in the office of Department Secretary/Treasurer, the Department President shall nominate a Department Secretary/Treasurer and the Department Executive Committee shall elect by majority vote.  She may be removed from office, for just cause, by majority vote of the Department Executive Committee.  She shall be a non-voting member of the Executive Committee and a voting member of the Department Convention. (1997)

Section 6.
The Department Executive Committee shall have the power to transact any business that would come before a Department Convention, if it becomes impossible to hold said convention.  When the Department Convention is not held, the Executive Committee must provide a method of permitting the units a voice and vote in nominating and electing officers. (1994)

Article VIII

Fiscal Year

The fiscal year of the American Legion Auxiliary shall be July 1st to June 30th.  The legislative year shall be from Department Convention to Department Convention.

Article IX

Finances

Section 1.
The revenue from this Department shall be derived from the annual dues of members and from such other resources as are approved by the administrative body.  All revenue shall be disbursed under budget control.  The Finance Committee will present the budget annually for approval by the convention delegates. (1994)

Section 2.
Per capita tax shall be payable in advance annually. National senior, five dollars ($5.00), Department senior, six dollars ($6.00), Auxiliary News assessment, one dollar ($1.00), National junior, one dollar and twenty-five cents ($1.25), Department junior, seventy-five cents (75¢).   (2003)

Section 3.
All Units in good standing shall pay a registration fee not to exceed ten dollars ($10.00) per delegate. Fee shall cover full voting strength of the unit prior to the District preconvention caucus. (2003)

Section 4.
All Department Officers and committee chairmen who disburse funds for this organization, shall be bonded through Department.  Each officer or chairman shall forward all books, canceled checks and supporting papers to headquarters for audit when requested to do so by the Department President, Department Secretary/Treasurer or Department Finance Committee. (1994)

Article X

Discipline

Section 1.
For any violation of Department or National Constitution or for conduct improper and prejudicial to the welfare of the Auxiliary or The American Legion, charges against Department Officers or District Presidents, except the Department President, shall be referred to the Department President, who shall appoint an investigating committee of five (5), and their majority vote of findings and penalties shall be submitted to Department Executive Committee for final decision; provided, however, that the accused may produce new evidence within (30) days, which shall be submitted to the Department Executive Committee, and their decision, by two-thirds (_) vote, shall be final.  Defendants shall be given fifteen (15) days previous notice before trial to prepare defense.

Section 2.
Charges against a Department President shall be made to Department Executive Committee through Department Secretary, and if charges are sustained, the Executive Committee shall appoint an investigating committee of five (5).  None of whom shall be members of Department Executive Committee, and their majority vote of findings and penalties shall be submitted to the Executive Committee for final decision; provided, however, that the accused may produce new evidence within thirty (30) days, which shall be submitted to Department Executive Committee, and their decision by two-thirds (_) vote, shall be final.

Section 3.
Charges affecting the election, eligibility, and conduct of officers or members of Units shall be referred to and determined by the members of the Unit involved, they to proceed in the same manner as prescribed by the Unit Handbook.

Article XI

Penalties

Section 1.         
In addition to the revocation as provided in the National Constitution, charters may be canceled, suspended, or a Unit placed on probation.  The Department Executive Committee may order the suspension of a charter for a period not to exceed beyond the closing of the next succeeding Department Convention, as a disciplinary measure, or pending action relative to final revocation, providing notice of such proposed action has been sent to the Unit from Department Headquarters, bearing the signature of the Department President, at least thirty (30) days prior to the Department Executive Committee meeting, and an opportunity is given for a hearing before action is taken. During the suspension of a charter, Department may provide for the government and administration of the Unit.

A.      Prior to suspension, a Unit may be placed on probation by the Department Executive Committee, or President, under the supervision of a committee of three (3), one (1) of whom shall be the District President, and two (2) appointed by the Department President. The Department Office shall notify the Unit immediately following the date of such probation. During probationary period, Unit shall be expected to continue all programs they have previously followed and shall be accountable to the Committee for a proper report when requested.

B.      A cancellation shall be in order where two or more Units merge, where a Unit voluntarily ceases to function, or under such other conditions as might make such action necessary with the Department.

Section 2.
Any Unit failing to meet the obligations imposed upon it by Constitution

and Bylaws, or by ruling of convention or Executive Committee, or ceasing to function from one Department Convention to the next as an American Legion Auxiliary Unit, or refusing to pay per capita tax due Department, District, and National organizations, shall, upon order of the Department President, surrender its charter.  Upon failing to surrender such charter, immediate steps may be taken for its revocation.

Section 3.
American Legion Auxiliary Units suffering revocation of their charter may appeal from the decision of the Department Executive Committee to the National Executive Committee, as hereinafter prescribed.

A.      Upon notice of appeal, the National President will, as provided in National Constitution, appointment a subcommittee of not more that five (5) members, nor less than three (3) members, of the National Executive Committee for the purpose of passing upon the action of the Department Executive Committee in revocation of said charter.  This committee shall meet at least one (1) day prior to the meeting of the National Executive Committee next following such revocation, and to this committee shall be referred the complete record, in writing, of said revocation, with such exceptions thereto as are made by the Unit of which charter has been revoked.  This committee shall review the case and recommend to the National Executive Committee the action to be taken thereon.

Article XII

District Organization

Section 1.
The officers of the Districts shall be President, First Vice President, Second Vice President, Junior Past President, Secretary/Treasurer, Historian, Chaplain, Sergeant-at-Arms, and such other officers as the President or the District may deem necessary. The District Secretary/Treasurer may be elected or be appointed by the District President. (Note: The office of Secretary/Treasurer may be divided. No person shall hold more than one District office at the same time.)

Section 2.
The District President and Vice Presidents shall be elected annually, not earlier than forty-five (45) days nor later than fifteen (15) days prior to the opening of the following Department Convention.

A.If the District of The American Legion shall invite the District to hold a joint preconvention caucus session, the District may accept the invitation if the election of delegates within the District has been completed and all other preconvention requirements are met.

Section 3.
Voting in preconvention District caucus shall be by regularly elected delegates to Department Convention or alternates, serving as delegates, to the forthcoming Department Convention, Department Officers, District Presidents, Past Department Presidents, Department Chairmen, Members of the Department Finance Committee, Girls State Director, Junior Conference Director, and Hospital Representatives in good standing in their respective Units.

A.         Registration fee covering full voting strength of the Unit must be paid prior to the District preconvention caucus.

Section 4.
Each District shall hold no fewer than two (2) nor more than twelve (12) meetings per year, including the preconvention caucus.

A.      When District Bylaws provide for a delegated District body, the District voting delegation shall be all District Officers, District Chairmen, and such others as the District Bylaws have accorded voice and vote.  All Department Officers, Past Department Presidents, Department Chairmen, Members of the Department Finance Committee, Girls State Director, Junior Conference Director, and Hospital Representatives in good standing in their own Units shall be voting members of said District.

B.      Unless District Bylaws provide for a delegated District body as in (A), all members of District present in District meetings shall be entitled to voice and vote, except in preconvention caucus.

C.      District preconvention caucus shall nominate and elect a delegate and/or alternate for National Convention, or by vote of the District delegates by caucus assembled at Department Convention.

Section 5.
A quorum shall exist at District meetings when one-third (_) of the Units in good standing are wholly or partially represented.

Section 6.
The District shall be financed by a District per capita tax not less than two cents (2¢) or more than fifty cents (50¢). This fund to be used for courtesies and operating expenses of the District. (2006)

A.      Said per capita tax shall be based on Unit membership forty-five (45) days prior to the opening of the Department Convention.  This tax shall be due September 1st, and delinquent February 1st, providing written notice has been mailed to the Unit prior to delinquency date.

B.      Units chartered after close of membership books shall pay District per capita tax on charter membership roll.

C.          Noncompliance with this rule shall forfeit the right of the Unit so delinquent, of their preconvention caucus and convention representation.

Section 7.
Each District shall have Bylaws to cover the needs of the District, so long as they do not conflict with the Department or National Constitution and Bylaws or rulings.  Districts may have standing rules to cover situations not covered by the bylaws, providing they do not conflict with the Department or National Constitution and Bylaws or rulings. District Bylaws and amendments before becoming effective must be approved by the Department Constitution and Bylaws Chairman, and signed by the Department President.  District shall submit two (2) complete copies of bylaws and four (4) signature pages or four (4) copies of proposed amendment bearing dates of first and second reading and signature of District President and District Constitution and Bylaws Chairman with proper spacing allowed for date and signatures of Department Constitution and Bylaws Chairman and Department President. Department Chairman will keep one copy for her file, send one (1) copy to Department Office file and return two (2) signature pages to District to be attached to District President’s file and to District Constitution and Bylaws file. (2003)

Section 8.
The Department of California, American Legion Auxiliary, shall automatically conform to the redistricting plans of The American Legion as to Districts.

Article XIII

Unit Organization

Section 1.
Those who desire to form an Auxiliary Unit of this Department shall make application for charter to Department President.  Application must be approved by the Commander and Adjutant of the Post to which the Unit is to be attached and certified by the District President.  Application must be accompanied by at least ten (10) properly executed senior applications and required Department and National per capita tax for each as well as a charter fee of ten dollars ($10.00). Charters must be closed thirty (30) days after they have been signed by the Commander and Adjutant of The American Legion Post.

A.      The minimum membership of a Unit shall at all times be ten (10) Senior members.

Section 2.
When a charter has been lost or destroyed, a duplicate can be secured on application to the Department Secretary and payment of charter fee; duplicate charter rolls can be obtained by the same procedure.

A.      A Unit cannot be reinstated under a charter which has been canceled or revoked.  It may, however, reorganize and apply for a new charter following the procedure outlined for the organization of new Units.

B.      The cancellation or revocation of a Post charter does not invalidate the charter of its Auxiliary Unit.  The Unit may continue to operate, bearing the name and number of the Post to which it was attached.

Section 3.
Any Unit, whose charter is surrendered or revoked, must return charter, records, properties, and all monies remaining to Department Headquarters after Unit indebtedness has been paid. (1994)

Section 4.
Units must hold not fewer than nine (9) monthly meetings in order to hold their charter, except where dispensations have been granted, as hereinafter provided in Article I Section 1. D., Department Bylaws.

Section 5.        
Temporary chairman should ask for nominations for following officers: President, First Vice President, Second Vice President, Secretary, Treasurer (offices of Secretary and Treasurer may be combined), and at least one (1) Executive Committeewoman. Upon their election, the permanent officers shall assume their duties and the President shall appoint chairmen of standing committees and such non­elective officers as are required by the Unit Bylaws.

Section 6.
Applications for Senior membership must be signed by applicants in person.  Junior applicants may have their membership blanks signed by their natural or legal guardian.

Section 7.
Annual dues shall be payable annually for the succeeding calendar year or for life.  A member failing to pay such annual dues by January thirty-first (31st) shall be classed as delinquent and shall be suspended from all membership privileges, provided, however, such suspended member shall be notified in writing by the Secretary of the Unit of such suspension prior thereto.  Payment of back dues, after suspension, shall reinstate such member to active membership.  Any member delinquent to December thirty-first (31st) of the year of delinquency shall automatically be dropped from the rolls and may not thereafter be reinstated without vote of the Unit, where the Constitution of the Unit requires a vote on application for membership and the payment of all past dues, or by reestablishing eligibility and making application as a new member.

A.      Each Unit shall remit the Department and National per capita dues promptly to the Department Secretary/Treasurer at least once a month. (1994)

Section 8.
Any member in good standing wishing to transfer 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 certification of transfer. The member shall then be entitled to active membership in said Unit.  No dues shall be transferred.

A.      Note: The term "good standing" is interpreted to mean that dues for the current year have been paid and the transferee holds a membership card for that year.

B.      No transfer certificates shall be used except those issued by the National American Legion Auxiliary.

Section 9.
A Unit member may withdraw providing her current dues are fully paid.  Upon withdrawal, however, she shall be prohibited from joining any other Unit as a new member during the remainder of the current year for which said dues are paid.  In the event a member wishes to remove her membership from one Unit to another during the current year, it shall be done by transfer and not by withdrawal.

Article XIV

Unit Activities

Section 1.         
Each Unit shall elect the following officers: President, First Vice President, Second Vice President, Secretary, Treasurer, and one (1) or more Executive Committeewoman. (The offices of Secretary and Treasurer may be combined.)

A.      The Historian, Chaplain, Sergeant-At-Arms, and such other officers as the Unit may deem necessary may be elected or appointed, provided Unit Bylaws shall specify which are appointive and which are elective, no member to hold more than one (1) elective office.

B.      Any member in good standing, present at the nomination or election meeting, or who has given her written consent, is eligible to seek office, provided that Units may limit the number of consecutive years a member may seek election to the same office.

Section 2.         
Unit officers shall be elected annually by majority vote, at a meeting designated by a vote of the Unit, provided, nominations and elections are held not earlier than April 1st or less than five (5) days prior to the opening of Department Convention. The Unit shall notify their membership and the District President of the time set for election. Officers shall be installed prior to September 1st.  Officers shall continue in office until successors are installed.

Section 3.
Units shall elect delegates and alternates to the Department Convention at least fifteen (15) days prior to the date set for the District preconvention caucus, but not earlier than April 1st.

Section 4.
The following are eligible to install: Present and past Department Presidents, present Department Officers, present and past District Presidents and Vice Presidents, past Department Executive Committeewomen, and Unit past Presidents.  Units are instructed to notify District President date of installation and name of installing officer.

Section 5.
The office of Treasurer in all Units shall be bonded, said bond to be paid annually to the ensuing calendar year.

Section 6.
Each Unit must follow uniform Bylaws as provided in the adopted duplicated sets of Unit Bylaws and to be governed by the Department Constitution. Revisions or amendments other than those that must conform to National and Department constitutions, before becoming effective must be approved by the Department Constitution and Bylaws Chairman and signed by the Department President. (2004)

A.      Each Unit shall maintain its Bylaws in a permanently bound book, or binder of substantial nature.  The book of approved Bylaws shall be kept by the Unit Secretary to be present at every meeting.

B.      All Unit Bylaws and Bylaw amendments shall be submitted for the approval of the Department Constitution and Bylaws Chairman and signature of the Department President.  Units shall submit two (2) complete copies of Bylaws and five (5) signature pages, or five (5) copies of proposed amendment, bearing dates of first and second reading and signature of Unit President and Unit Constitution and Bylaws Chairman with proper spacing allowed for date and signatures of Department Constitution and Bylaws Chairman and Department President.  After approval and signatures, the Department Bylaws Chairman will return three (3) signature pages to the Unit.  The Unit will place original copy in book of approved Bylaws, and forward one (1) copy to the District President and one (1) to the District Constitution and Bylaws Chairman. Department Constitution and Bylaws Chairman will keep a copy for Chairman’s file and forward one (1) copy to the Department Office file. (2003)

Section 7.
Each Unit shall invite the District President to attend at least one (1) regular business meeting each year.

Article XV

Amendments

Section 1.
This Constitution may be amended by any Department Convention by a two-thirds (_) affirmative vote of the delegates present and voting; provided that the proposed amendments shall have been submitted through the Department Office, to the Unit and personnel of the Department Convention sixty (60) days prior thereto.

Section 2.
All recommendations and resolutions proposed by any Department Officer, Department Chairman, Unit, District or delegates affecting changes in the Department Constitution must be channeled through the chairman of the Constitution and Bylaws, to be presented in accordance with the Department Constitution and Bylaws covering amendments.

Section 3.
An amendment not having been previously read and distributed as required in Section I., may be adopted by the unanimous vote of the convention body.

A.      When proposed amendments have been duplicated and submitted to the Units sixty (60) days prior to convention, as provided in Article XV, Section I., and additional copies are supplied to the delegation, at the time of registration, upon request, said duplicated amendments shall constitute the first reading and the vote shall be taken following the reading by the Department Constitution and Bylaws Chairman.

B.         Necessary amendments which are proposed after distribution of revisions to Units as required in Section 1., may be adopted by two-thirds (_) vote of the delegation provided they shall have been read at one meeting of the session prior to taking the vote.

Section 4.
This Constitution shall be automatically amended to conform to National Constitution.

Section 5.
The above methods of amendment apply in full to Department Bylaws.

Article XVI

Parliamentary Authority

Section 1.
The Department organization shall be governed by Robert's Rules of Order Newly Revised on all points not covered by the Department Constitution and Bylaws.

A.      She shall be a member ex-officio of all committees.

B.      The Department President shall sign Bylaws of all Units after approval of Department Constitution and Bylaws Chairman.

C.      The Department President shall call regular meetings of the Executive Committee and special meeting of Executive Committee upon written consent, or request, of not less than five (5) members of said committee.

D.      She shall be vested with authority to grant special dispensation to individual Units or Districts in extreme cases of emergency. Emergency shall be defined to mean epidemics, disaster or unusual climatic conditions when it shall become impossible to function according to Bylaws.

E.      She shall appoint the following Department Officers: Chaplain, Historian, Parliamentarian, Sergeant-at-Arms, Marshal, and Musician.

F.       She shall annually appoint the Girls State Director from nominees recommended by the Girls State Board of Directors or Girls State Committee.

G.      She shall appoint the chairman of the Girls State Committee.

H.      She shall appoint the chairman of the Convention Commission.

I.       She shall appoint the Junior Conference Director.

A.      She shall see that a record of all meetings of Department Convention and of the Department Executive Committee be kept.

B.      She shall, under the direction of the Department President, cause due notice to be given of all Department meetings.

C.      She shall attend the National Convention at the call of the President.

D.      She shall have the power of disbursing any or all of the money of Department for transacting of Department business budgeted under Administrative Fund, subject to ratification of Executive Committee.

E.      She shall have the power of disbursing money of special funds under direction of State Chairmen, subject to ratification of Executive Committee.

F.       She shall have the power of disbursing all other budgeted funds under supervision of Finance Committee, subject to ratification of Executive Committee.  No funds in excess of the budget shall be expended by the Department Secretary/Treasurer, except by authorization of the Department President and Department Finance Committee.  Provided, however, that at the time said money is expended or disbursed, she shall enter or record in a book kept for that purpose, and otherwise account for same. She shall at all times keep record books, ledgers, and accounts in readiness for auditing.

G.      The office of Department Secretary/Treasurer shall be bonded in a sufficient sum, to be decided upon by the Department Convention, as prescribed by National, the expense of same to be borne by Department.