CONSTITUTION

THE AMERICAN LEGION

THIRTEENTH DISTRICT, OHIO



PREAMBLE

For God and Country, we associate ourselves together for the following
purposes:

To uphold and defend the Constitution of the United States of America;
to maintain law and order; to foster and perpetuate a one hundred per cent
Americanism; to preserve the memories and incidents of our associations in the
Great Wars; to inculcate a sense of individual obligation to the community,
state, and nation; to combat the autocracy of both the classes and the masses;
to make right the master of might; to promote peace and good will on earth;
to safeguard and transmit to posterity the principles of justice, freedom, and
democracy; to consecrate and sanctify our comradeship by our devotion to mutual
helpfulness.


ARTICLE I
NAME

The name of this organization shall be The Thirteenth District Council of
The American Legion, Department of Ohio, but for Department purposes, shall
be known as The Thirteenth District, Department of Ohio.

ARTICLE II
PURPOSES

The objects and purposes of this organization shall be to promote the
principles and the policies set forth in the foregoing Preamble, and in the
National and the Department of Ohio Constitutions and By-Laws of The
American Legion.

ARTICLE III
MEMBERSHIP

Every Post in The Thirteenth District shall be a member of this
organization.

ARTICLE IV
MEETINGS
Section 1. The Legislative body of this organization shall be known as
The Thirteenth District Council and delegates thereto shall be elected by each
Post in the Thirteenth District. The meetings of the delegates shall be as
provided in The Department Constitution, Thirteenth District Constitution, or on
call of the District Commander.


( 1 )
Section 2. There shall be eight (8) District Council Meetings held each
year. In addition there shall be three (3) District Conferences known as Fall,
Winter, and Spring Conferences, and The Annual Convention.



Section 3. There shall be a District Convention held annually, which
shall meet at least fifteen (15) days prior to the Department Convention. At
this District Convention, there shall be held the election of delegates to the
National Convention of The American Legion, District Officers, and members of
the District Executive Committee.



Section 4. Written notice of all District Meetings, Conferences, and the
Annual Convention shall be sent to all delegates, and to each Post Adjutant at
least ten (10) days prior to such meetings.


ARTICLE V
REPRESENTATION

Section 1. At all District Council Meetings, Conferences, and the Annual
District Convention, each Post shall be entitled to one (1) delegate and one (1)
alternate for the first twenty-five (25) members, two (2) delegates and two (2)
alternates for sixty-six (66) members, and one (1) additional delegate and alternate
for each one hundred (100) members, paid-up fifteen (15) days prior to the date
of the Thirteenth District Annual Convention. The vote of each Post shall be
equal to the total number of delegates to which the Post is entitled, providing
they are registered at the meeting. The names of the said delegates and
alternates, including Past District Commanders, shall be certified by each Post, to
the District Commander at least five (5) days prior to the District Convention.

Section 2. All Past Department Commanders of Ohio, while in good
standing with their respective Posts in the Thirteenth District, shall be life
delegates to all Meetings, Conferences, and Conventions of the Thirteenth District,
and with equal vote and privileges of any other delegate, except that they shall
not be entitled to an alternate.

Section 3. All Past District Commanders, while in good standing with
their respective Posts, shall be delegates to all District Meetings, Conferences,
and Conventions with equal vote and privileges of any other delegate, to be
exercised with their respective Posts, except that they shall not be entitled to an
alternate.

Section 4. The delegates elected by each Post to represent the Post at
the District Convention shall represent the Post at all District Council Meetings
during the ensuing year, unless otherwise replaced by Post action.


( 2 )
Section 5. A quorum at all District Meetings, Conferences, and the
Annual Convention shall consist of the duly qualified representatives of the Posts
present and registered.

ARTICLE VI
ELECTIONS

Section 1. The officers elected at the Annual District Convention shall be
the District Commander, District 1st Vice Commander, District 2nd Vice
Commander, and District Finance Officer. The Commander with the approval
of the Executive Committee, shall appoint an Adjutant, Chaplain, Sergeant-At-
Arms, Historian, Judge Advocate, and such other District Officers as may be
necessary. The District Commander with the approval of the Executive
Committee, shall also appoint all Standing or Special Committees Chairpersons.



Section 2. The terms of the District Officers shall be for one (1) year
or until a successor has assumed office. When a vacancy in the office of
the District Commander occurs, the District 1st Vice Commander shall succeed to
that office. If a vacancy in the office of District 1st Vice Commander
occurs after the Department Convention and before the next succeeding District
Convention, the District Commander by and with the consent of the Department
Executive Committee, shall appoint a member of a Post in the District to fill
the vacancy, such appointment shall be for the remainder of the term only.

If the vacancy occurs after the District Convention and before the next
succeeding Department Convention, an election shall be held at the Department
Convention at a meeting of the official delegates from the Posts of the District
concerned called for that purpose by the District Commander. When a
vacancy in the office of the District 2nd Vice Commander or the District
Finance Officer occurs, the District Commander, by and with the consent of the
District Executive Committee, shall call for a special election to be held at a
Regular Council Meeting within thirty (30) days, providing fifteen (15) days have
elapsed since the vacancy occurred.

Section 2a. No District Commander shall be elected to two (2)
successive terms. Only one (1) member of any Post can serve as Commander,
1st Vice Commander, 2nd Vice Commander, or Finance Officer during the same
term of office.

Section 3. The election of Officers, Executive Committee Members, and
National Delegates shall be by written ballot, unless the candidate running for
any office is unopposed.
Nominations and Seconds for any office may be made by any delegate to
the Convention, a majority of the votes cast shall be necessary to elect, but in
cases of
more then two (2) candidates running for the same office, and majority not
being secured by any candidate, then the candidate having the lowest number of
votes shall be considered eliminated and a re-vote taken on the remaining
candidates. This procedure shall be followed until one (1) candidate receives
the necessary vote.

( 3 )
The Commander and Commander-elect shall serve as delegates to the National
Convention.

Section 4. Any member of The American Legion in good standing shall
be eligible for election to a District Office or to the District Executive
Committee. Appointive offices may be from the District membership at large.
Only two (2) members of any Post can be elected to the nine (9) members
serving on the Executive Committee. Any member in good standing can be
elected as a National Delegate.



Section 5. The Posts of the Thirteenth District shall be divided into
Divisions. Such grouping shall be made annually by the District Commander,
with the approval of the District Executive Committee. Posts having enrolled
quota membership by Veterans Day, November 11th of the prior year shall be
known as Honor Posts. The District Commander shall appoint in each
Division, a Division Commander, who shall visit and inspect Posts, and report
annually to Department Headquarters through the District Commander, on or
before March 1st of each year.

ARTICLE VII
EXECUTIVE COMMITTEE



Section 1. Between District Council Meetings and Conferences, the
administrative powers of the Thirteenth District Council shall be vested in the
District Executive Committee to consist of the District Commander, District Vice
Commanders, District Adjutant, District Finance Officer, Immediate Past
Commander, and the nine (9) members elected at the Annual Convention. No
Post shall be permitted more than two (2) elective members on this committee.
In the event any Post should have in nomination more than two (2) candidates,
the two (2) receiving the highest number of votes shall be the ones to serve.

Section 2. At the Annual District Convention, three (3) members in good
standing shall be elected as members of the Executive Committee for a term of
three (3) years. In the event a vacancy occurs in the District Executive
Committee, the District Commander, with the approval of the District Executive
Committee, shall appoint a member from a District Post to serve until the next
District Convention, at which time a member shall be elected to serve the
remainder of that particular term. No elected members of the District
Executive Committee may succeed themselves.

Section 3. A quorum of the District Executive Committee shall consist of
eight (8) members.

Section 4. Meetings of the District Executive Committee shall be held on
the
call of the District Commander, or upon written request of five (5) or more
members of the committee, addressed to the Adjutant.

( 4 )

Section 5. The District Commander shall preside at all meetings of the
District Executive Committee, or, in the absence of the Commander, the District
1st Vice Commander shall preside. In the absence of both the Commander
and the 1st Vice Commander, the 2nd Vice Commander shall preside.

Section 6. Disloyalty, dishonesty, neglect of duties, or conduct unbecoming
a member of The American Legion will be subject to charges as provided for
in the Department Constitution and By-Laws.

Section 6a. Resignations and Vacancies. The resignation of an Executive
Committee Member shall happen in one (1) of the following manner: 1)
Written notice presented to the Commander, 2) Verbal resignation to the
members in Regular Meeting, 3) The absence for three (3) consecutive
meetings without prior notification and approval by the members at a Regular
Meeting. All vacancies shall be filled in accordance with the provisions
contained in ARTICLE VII, Section 2.

Section 7. The Executive Committee shall provide for the appointment,
employment, or dismissal of an Executive Secretary. The District Office,
including The Flag Department shall be in charge of, and under the supervision
of the Executive Secretary. His / her duties shall include the day to day
administration of the District Office including the employment or discharge of
office employees; however, all of his / her activities shall be subject to the
ratification and / or approval of the Executive Committee.

Section 7a. The District Commander may appoint an Office Manager of
their choosing with the approval of the Executive Committee.

Section 8. The District mailing list consisting of the names of all
members of Posts in the Thirteenth District, shall be under the sole control of
the District Executive Committee and shall not be used for other than American
Legion purposes unless expressly authorized by the Executive Committee.


ARTICLE VIII
FINANCES


Section 1. Each member Post of The Thirteenth District shall pay to the
Thirteenth District Council, an annual per capita assessment. The payment of
this assessment shall be made the same time annual dues are paid by the
member. A proposed change to the current assessment of record, as may be
recommended by the Finance Committee, with the approval of the Executive
Committee will require thirty (30) day written notification to each delegate and
Post prior to the general membership meeting, where it will be acted upon and
shall require approval of two-thirds (2/3) of the total delegates registered at such
meeting.



( 5 )
Section 1a. Any member who has paid his current years dues to
Department of Ohio Post 888 will not obligate the Post in the Thirteenth District
to which he is transferring, in that year, to a District per capita assessment.


Section 2. Per capita assessment shall be paid directly to the Thirteenth
District Council, and such assessment shall be used for the operation of the
Thirteenth District Council Office and for other such administrative expenses as
are designated and authorized by the Thirteenth District Executive Committee.

Section 3. All funds received by the District Council shall be deposited
in a Cleveland Banking Institution approved by the Executive Committee and
shall be disbursed by the approval of the Executive Committee. Financial
records of all receipts and disbursements shall be maintained, and a financial
statement shall be submitted at each meeting of the District Executive Committee
and District Council.

Section 3a. With the exception of The Thirteenth District American
Legion, Department of Ohio Reserve Fund, no District funds shall be disbursed
unless the item has been: 1) Budgeted and approved by the Finance
Committee, 2) Approved by the Thirteenth District Executive Committee, 3)
Approved by a majority vote of the Thirteenth District Council.

Section 4. All disbursements of District funds shall be by check signed
by
two (2) of the three (3) following named District Officers: 1 ) District
Commander, 2 ) District 1st Vice Commander, 3 ) District Finance Officer.

Section 5. The District Finance Committee shall set aside annually, a
sum for the purpose of establishing a Membership Campaign Fund, for use by
the District 1st Vice Commander in promoting membership in the District.

Section 6. Officers and employees of The Thirteenth District Council
whose duties involve the handling of monies shall be covered by proper bond.

Section 7. There shall be a District Finance Committee which shall fix,
budget, and audit all disbursements of The Thirteenth District. Its decisions
shall be subject to the approval of the District Executive Committee. Two-
thirds (2/3) vote of the Executive Committee is required to overrule the Finance
Committee.

Section 8. The District Finance Committee shall consist of five (5)
members of The American Legion in the Thirteenth District. The District
Commander and District Finance Officer shall be members of the committee
during their term of office. The remaining three (3) members of the Finance
Committee, none of whom shall be members of the Thirteenth District Executive
Committee shall be appointed by the District Commander with the consent of
the District Executive Committee, each to serve for a term of three (3) years.
The term of one (1) appointed member shall expire each year.



( 6 )
Each member of the Thirteenth District Finance Committee shall hold office until
their successor is duly appointed.


Section 9. The District Finance Committee shall meet within one (1)
week after the beginning of the fiscal year, August 1st. It shall elect its
Chairman and adopt such rules of procedure as it deems necessary. It shall
be the responsibility of the outgoing Commander and his Committee to prepare
a tentative budget prior to
August 1st. The Finance Committee shall finalize the budget no later than
November 1st of each year. At its meeting, the committee shall prepare a
budget for the operation of the Thirteenth District Council during the ensuing
fiscal year. It is authorized and directed to meet at such times during the
year as the Chairman of the committee deems essential or desirable.


Section 10. There is hereby created a Thirteenth District Council Reserve
Fund, the purpose of which shall be to aid the administration of the District
Council, at such time in the future as an emergency, or emergencies may so
reduce the District Councils income. This fund shall be invested and held
under the direction of the District Executive Committee. This Reserve Fund
can be disbursed upon recommendation of the District Finance Committee with
approval of two-thirds (2/3) vote of the District Executive Committee. The
District Finance Committee shall, with the approval of the District Executive
Committee, at the close of each fiscal year, put into the District Council
Reserve Fund any surplus accruing to the District General Account.

ARTICLE IX
AMENDMENTS


This Constitution may be amended, or repealed unless otherwise provided
for in this Constitution, by any District Council Meeting, Conference, or
Convention by a two-thirds (2/3) vote of the total delegates certified, provided
that the proposed amendment has been read at a preceding District Council
Meeting, Conference, or Convention and that written notice of such intended
action has been sent to each delegate and Post at least fifteen (15) days prior
to the meeting at which such proposed action will be taken. Any such
proposed amendment may be amended by a two-thirds (2/3) vote of the total
delegates registered at such meeting, providing it does not increase the
modification proposed by this amendment.


All proposed amendments to this Constitution shall be referred to the
Constitutional Amendments Committee for review and recommendations:
Revisions to the proposed amendments proposed at the District Meeting shall be
referred to the Constitutional Amendments Committee for review and
recommendation before same may be adopted by the meeting and provided
further such revisions to amendment, when found to be in order by the
Constitutional Amendments Committee, may be adopted by vote at the meeting
without further notice to the delegates or Posts. Amendments may be
proposed only by a Post or the District Executive Committee.
( 7 )

The rules of procedure at all meetings of the Thirteenth District shall be
as set forth in Roberts Rules of Order Newly Revised (RONR), unless modified
by the
National or Department of Ohio Constitutions of The American Legion, or
otherwise provided for in this Constitution or Rules and Order of Business
adopted at the Annual District Convention.



All resolutions submitted for adoption shall be referred to the Resolutions
Committee before such resolution may be adopted at a meeting. Resolutions
may be submitted only by a Post or the District Executive Committee.



This Constitution is adopted subject to the provisions of the National and
Department of Ohio Constitutions.



Any amendments to the National or Department Constitution which are in
conflict with the provisions hereof shall be regarded as automatically repealing or
modifying the provisions of this Constitution to the extent of such conflict.





Revised - July 11, 2007
Approved by Department of Ohio July 20, 2007



















( 8 )





























( 8 )



THE AMERICAN LEGION



THIRTEENTH DISTRICT



CONSTITUTION

























































REVISED



JULY 11, 2007




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