The American Legion

Department of Colorado

 Constitution of the Fourth District

 

Article 1 – Name

The name of this organization is the Fourth District, The American Legion, Department of Colorado

   

Article –2 – Nature

This organization is a component part of The American Legion, Department of Colorado, and has and possesses no powers, duties, or obligations excepting those conferred upon or possessed by it by virtue of the Constitution of the Department of Colorado, and by the by-laws and mandates thereof. It is entirely non-political and it shall not be used for the dissemination of partisan principles or for the promotion of the candidacy of any person seeking public office or preferment.

   

Article – 3 Territorial Jurisdiction

This District shall comprise the geographical area and be composed of the posts assigned to it from time to time by and in the Constitution of The American Legion, Department of Colorado.

   

Article – 4 Government

Section - 1 OFFICERS

The officers of this District shall be those prescribed by the Constitution of the American Legion, Department of Colorado, and such others as the District Convention or District Executive Committee may from time to time create. Their duties shall be those set forth in said Constitution.

   

Section - 2 ELECTION AND TERM OF OFFICE

Officers of this District shall be elected annually at the District Convention, for a term of one year and shall hold office until their successors have been elected and qualified. Term of office shall commence at the closing of the Department Convention next held after their election. Vacancies in any office shall be filled by the District Executive Committee and said Committee shall appoint persons to fill offices created under the authority of Section-1 of this Article, to serve until the District Convention shall elect persons to fill the same.

   

 

 

Section - 3 DISTRICT CONVENTION

The annual convention of this District shall be held at least 30 days prior to the Department Convention of each year, at such place within the District as the District Convention shall determine, and if the District Convention shall not make such determination of such place within the District, the District Executive Committee shall determine.

 

Section - 4 DISTRICT CONFERENCE

An annual District Conference shall be held in accordance with the provisions of the Department Constitution, at such place within the District, as the District Executive Committee shall determine.

 

Section - 5 DELEGATES TO DISTRICT CONVENTION AND CONFERENCES

At District Conventions each post in this District shall be entitled to two (2) delegates (at large) and one (1) delegate for each ten (10) members, or major fraction thereof, the membership of each post for the purpose of this section to be calculated on the basis of membership thereof as paid into and received by the Dept. Adjutant as of the last Dept. membership Report, prior to the Convention. The District Commander, Vice Commanders, Adjutant, and Finance Officer shall be entitled to one (1) vote at the Convention. There shall be no limitations of delegates at District Conferences; to the end that there shall be as large an attendance at such conferences as is possible.

 

Section - 6 VOTING AND QUORM

Each delegate shall be entitled to one (1) vote. Voting by proxy shall not be permitted, and the vote of any delegate absent shall be cast by the majority of delegates present from his/her post. A quorum of the Convention shall consist of a minimum of one delegate from each of the majority of the posts represented and qualified to vote at the Convention.

     

ARTICLE – 5 REVENUE

The revenue of the District shall be derived from sources permitted by the Department Constitution. The power to determine the amount of revenue needed and the sources from which the same shall be derived shall be determined by the district Executive Committee, with the right reserved to the District Convention to alter, amend, or repeal any action of the District Executive Committee in this regard.

 

ARTICLE – 6 BY- LAWS

The District Executive Committee shall have the power to make, alter, amend, and repeal by-laws for the government of the District, not inconsistent with this Constitution or with the Department Constitution.

 

ARTICLE – 7 AMENDMENTS

This Constitution may be amended at any District Convention by a two-thirds vote of the delegates present, in the presence of a quorum.

     

   

The

 American Legion 

Department of Colorado

 BY-LAWS OF THE FOURTH DISTRICT

   

ARTICLE – 1 GOVERNMENT

 

Section 1 – OFFICERS

The officers of this District shall consist of a District Executive Committeeman, a Commander, a Senior Vice Commander, a Junior Vice Commander, an Adjutant, a Finance officer, and a Historian. The offices of Chaplain, and sergeant-at-Arms may be elected at the discretion of the District Convention delegates.

 

Section 2 – EXECTIVE COMMITTEE

The District Executive Committee shall consist of the elected officers named in Section-1 of this Article, and also the Past Commander.

 

Section 3 – ELECTION AND TERM OF OFFICERS

With the exception of the Department Executive Committeeman, officers of this District shall be elected annually at the District Convention, for a term of one year, as provided in Section-2, Article-4 of the District Constitution. The Department Executive Committeeman shall be elected at the District Convention for a term and at a time provided for in the Constitution of the Department of Colorado. The Commander shall, at least 60 days prior to the Convention, appoint a nominating Committee of five or more members, who will report their recommendations to the District Convention. All nominees must be bona fide members in good standing in their Posts with all dues paid to date. Nominations from the floor shall be received after the Nominating Committee’s report.

 

Section 4 – DELEGATES TO DISTRICT CONVENTION

The Commander shall, at least 30 days prior to the District Convention, appoint a Credentials Committee consisting of three (3) or more members, who shall inspect the last Department Membership Report prior to this Convention and audit the per-capita dues paid into the District prior to the District Convention in accordance with Section-10, Article X, Constitution of the Department of Colorado, and Section-5 & 6, Article IV, Constitution of the Fourth District, and at the proper time shall report to the District Convention  the number of votes to which the several Posts and the District Officers are entitled in the District Convention.

       

Section 5 – RESOLUTIONS COMMITTEE

The Commander shall, at least 30 days prior to the District Convention, appoint a Resolutions Committee consisting of five (5) or more members. All resolutions for consideration of the Convention shall be first submitted to this committee. No resolution shall be considered on the floor unless it has been approved or rejected by the Resolutions Committee, with the exception of resolutions

emanating from or within the jurisdiction of other Convention Committees and germane to their respective purposes.

 

Section 6 – CONSTITUTION AND BY-LAWS COMMITTEE

The Commander shall, at least sixty (60) days prior to the District Convention, appoint a Constitution and By-Laws Committee, consisting of three (30 or more members. All proposed amendments of the Constitution and By-laws, including any alteration, repeal, or amendment made by the District Executive Committee, shall be referred to the Committee as soon after appointment as possible, and the Committee shall report thereon to the Convention either favorably or unfavorably. This Committee shall initiate and present to the Convention any amendment or addition to the constitution or By-Laws which they deem to be for the general welfare or more efficient administration of District Four.

 

Section 7 – RULES AND ORDER OF BUSINESS

The Commander shall, at least five (5) days prior to the District Convention, appoint a Rules and Order of Business Committee, consisting of three (3) or more members who shall formulate rules for government of the Convention, including the order in which the several matters to be brought before the Convention shall be considered, and report upon the opening of the business session of the Convention.

   

ARTICLE – 2   REVENUE & FINANCE

 

Section 1 – REVENUE AND BUDGET

The Commander shall, at least sixty (60) days prior to the District Convention, appoint a Revenue and Budget Committee, consisting of five (5) or more members two of whom shall be the District Finance Officer and one other member of the District Executive Committee, who shall report their estimate of the per-capita dues to be imposed on the Posts in order to raise the funds required to conduct District activities and necessary travel of it’s officers, and shall draw a budget for the ensuing year to be approved, rejected, or amended by the District Convention

 

Section 2 – FINANCE OFFICER

The District Finance officer shall be bonded in the amount of two thousand dollars ($2000.00), the premium to be paid from District funds. The Finance Officer shall make a detailed report to the District Executive Committee covering the District’s financial condition on the first day of August, November, and February, and to the District Convention as of the date of the Convention.

 

Section 3 – AUDITING OF FINANCIAL RECORDS

The Commander shall, at least ten (10) days prior to the District Convention, appoint an Audit Committee, consisting of three (3) or more members, who shall audit the outgoing Finance Officer’s accounts and records, and report their findings to the District Executive Committee within ten (10) days after the District Convention.

             

ARTICLE – 3   DELEGATE TO NATIONAL

 

DELEGATE AND ALTERNATE TO THE NATIONAL CONVENTION

The Incoming District Commander shall be the District delegate and the Outgoing Commander shall be the District Alternate to the National Convention. In case that either or both decline the delegation because of inability to attend the National Convention, the District shall then elect an eligible replacement who will attend the Convention See Section 1 (b), Article VI Constitution of the Department of Colorado.

   

ARTICLE - 4 REIMBURSEMENT OF EXPENSE TO DISTRICT OFFICERS

 

Section 1 - DEPARTMENT CONVENTION AND DISTRICT CONFERENCE

The outgoing and incoming District Commander, Adjutant, Finance Officer and Department Executive Committeeman (D.E.C.) shall be reimbursed for expenses as follows;

            A. Outgoing and Incoming Commander             $200.00

            B. Adjutant                                                                $150.00

            C. Department Executive Committeeman          $150.00

 

Section 2 - POST VISITATIONS

All District Officers will be reimbursed for attending Post visitations at the rate of $0.30 per mile. This includes any other required District functions.

 

Section 3 - COMMANDER INCIDENTALS

The District Commander shall be reimbursed up to $200.00 for incidental expenses.

 

 

 

 

 

The above BYLAWS were approved by a majority vote on 24, April 2005 at

The District-4 Spring Convention.

 

 

 

Attested: _____________________________________       

Incoming District - 4 Commander

 

 

 

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