Preamble to the S.A.L. National Constitution
Proud possessors of a priceless heritage,
we male descendants of veterans of the Great Wars,
associate ourselves together as “Sons of The American Legion” 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 true spirit of Americanism;
to preserve the memories of our former members and
the associations of our members and our forefathers
in all wars;
to inculcate a sense of individual obligation to
the community, state and nation;
to combat the autocracy of both the classes and 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 friendship by
our devotion to mutual helpfulness;
to adopt in letter and spirit all of the great principles
for which The American Legion stands;
and to assist in carrying on for God and Country.
ARTICLE I
Name
Section 1. The name of this organization shall be “Sons of The American Legion, Detachment of Minnesota”.
ARTICLE II
Nature
Section 1. The Sons of The American Legion, Detachment of Minnesota is a civilian organization. Membership therein does not affect nor increase liability for military or police service.
Section 2. The Sons of The American Legion, Detachment of Minnesota shall be absolutely non-political and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.
Section 3. The Sons of The American Legion, Detachment of Minnesota shall be absolutely non-sectarian.
Section 4. Each member shall perform his full duty as a citizen according to his own conscience and understanding in accordance with the law.
ARTICLE III
Organization
Section 1. The Sons of The American Legion, Detachment of Minnesota shall be organized as a Detachment of and a subordinate body to the National Organization of the Sons of The American Legion.
Section 2. The Sons of The American Legion, Detachment of Minnesota shall be organized in Districts identical to the Department of Minnesota under the jurisdiction of the corresponding Districts of The American Legion and in Squadrons under the jurisdiction of the local Posts of The American Legion and shall bear the name of the Post as follows: “Sons of The American Legion Squadron of _______________ Post No. _____ Department of Minnesota.
Section 3. The Department Executive Committee of The American Legion, Department of Minnesota shall have jurisdiction over all squadrons and Districts of the Sons of The American Legion organized by any Post or District of The American Legion in this Department.
Section 4. All Squadrons of The Sons of The American Legion, Detachment of Minnesota shall be governed by such rules and regulations as may be prescribed by the National Committee of The American Legion and by such rules and regulations as may be prescribed by the Detachment Headquarters, approved by the Department Executive Committee of The American Legion, not inconsistent with those prescribed by the National organization.
Section 5. The Detachment shall be divided into Districts, Counties or Areas to coincide with The American Legion, Department of Minnesota and organized under such rules and regulations as may be prescribed by the Department of Minnesota, Laws of The American Legion Committee, subject to the approval of the Department Executive Committee.
ARTICLE IV
Eligibility
Section 1. Any male descendants, adopted sons and stepsons of members of The American Legion, and such male descendants of veterans who died in service during World War I; World War II; the Korean War; the Vietnam War; Lebanon, Panama, and the Persian Gulf War; during the delimiting periods set forth in Article IV, Section 1, of the National Constitution of The American Legion, or who died subsequent to their honorable discharge from such service, shall be eligible for membership in the Sons of The American Legion.
Section 2. There shall be no form or class of membership except active membership.
ARTICLE V
Detachment Organization
Section 1. The legislative body of the Sons of The American Legion, Detachment of Minnesota shall be the Detachment Executive Committee. The actions of the Detachment Executive Committee must be ratified by the Department Executive Committee of The American Legion, Department of Minnesota.
Section 2. The Detachment Executive Committee shall consist of: Commander, 5 Vice Commanders, Adjutant, Chaplain, Historian, Finance Officer, Sergeant At Arms, Membership Director, Judge Advocate, Internal Affairs Chairman, Immediate Past Detachment Commander, 10 District Commanders, National Executive Committeeman, Alternate National Executive Committeeman, current National Commander (if a member in Minnesota), and all Past National Commanders from Minnesota.
Section 3. The Department of Minnesota Executive Committee shall appoint Department of Minnesota American Legion members to serve as advisors to the Detachment of Minnesota. They shall be ex-officio members of all committees or commissions of the Detachment of Minnesota Sons of The American Legion.
Section 4. The Detachment Executive Committee of the Sons of The American Legion shall meet at least twice each year. It shall meet immediately preceding the Detachment Convention to approve the agenda for the Detachment Convention, and immediately following the Detachment Convention to approve the Detachment Commander’s appointments. Section 5. The Detachment Executive Committee of the Sons of The American Legion without meeting may transact business by email, mail, telegraph, fax, computer or telephone on matters of urgency not involving new policy and on which action cannot be delayed until the next regular meeting. Fifteen (15) days shall be allowed for return, by email, mail, fax, computer, telegraph or telephone of the votes thereon by the Detachment Adjutant. The Detachment Adjutant shall notify the Detachment Commander of the results of the vote taken. The Detachment Executive Committee may also meet on the call of the Detachment Commander of the Sons of The American Legion, at the request of at least five (5) Detachment Executive Committee members, or on the written request of at least five (5) Squadrons at any time during the year for sufficient reason to it appearing.
ARTICLE VI
Squadron Organization
Section 1. Those who desire to form a Squadron of The American Legion shall make application to the Post Commander of the local Post of The American Legion in which they reside for application for Charter. Upon approval by the Post Commander the application shall be forwarded to the Commander of the Headquarters Detachment, and upon his approval a Charter shall be issued by the National Commander and the National Adjutant of The American Legion in the manner now prescribed in issuing of charters for Posts of The American Legion.
Section 2. The minimum membership for forming a Squadron of the Sons of The American Legion shall be ten.
Section 3. There shall be only one Squadron of Sons of The American Legion consisting of one or more sections for each Post of The American Legion.
Section 4. The Officers of each Squadron of Sons of The American Legion shall consist of: Commander, First Vice Commander, Second Vice Commander, Adjutant, Finance Officer, Sergeant-At-Arms, Chaplain and Historian.
Section 5. The Commander of the Post of The American Legion with which the Squadron is affiliated shall appoint of three or more Post members, to be known as “The Supervisory Committee” who shall supervise the activities of the Squadron.
Section 6. All officers and members of the Executive committee of each Squadron shall be elected annually for a term of one year by the members of the Squadron subject to final approval by the Supervisory Committee of the local Legion Post with which the Squadron is affiliated.
ARTICLE VII
Finances
Section 1. The revenue of Sons of The American Legion shall be derived from annual membership dues and from other sources as may be approved by the National Executive Committee and by the Department Executive committee of The American Legion.
Section 2. The amount of annual Detachment and District dues shall be in such amount as may be determined by the Detachment of Minnesota as approved by the Department of Minnesota Executive committee.
Section 3. The amount of annual Squadron dues, in addition to National, Detachment and District dues shall be determined by the Squadron.
Section 4. The annual dues shall be collected by each Squadron and transmitted through the Department of Minnesota to the National Treasurer of The American Legion. The annual Detachment dues shall be collected by each Squadron and transmitted directly to the Department of Minnesota.
Section 5. Annual dues shall be payable December 30th of each year.
ARTICLE VIII
Discipline
Section 1. The Detachment of Minnesota Executive Committee or the Department of Minnesota Executive Committee may suspend or revoke the charter of any Squadron of Sons of The American Legion which violates this Constitution or By-Laws, subject, however, to the approval of the Department Executive Committee of The American Legion Department of Minnesota.
ARTICLE IX
Amendments
Section 1. This Constitution may be amended by the delegates to the annual Detachment Convention of the Sons of The American Legion by a two-thirds vote of the membership present at any duly called meeting thereof comprising at least a quorum, and ratified by the American Legion Department Executive Committee.
Section 2. No such amendment shall conflict or be inconsistent with the National Constitution and By-Laws of the Sons of The American Legion.
Section 3. In the event of any inconsistency at any time between the provisions of the National Constitution and By-Laws and of the Detachment Constitution, the National provisions shall govern.
ARTICLE X
Annual Meeting
Section 1. A Detachment Convention shall be held annually for the purpose of electing Detachment Officers, passing resolutions, and for such other purposes as may be necessary.
The Detachment Commander of the Sons of The American Legion shall issue a Call to the Detachment Convention to each Squadron not less than sixty (60) days prior to the opening day of the Detachment Convention.
Section 2. Representation of the Detachment Convention shall be by Delegates elected by the Squadrons on the basis of one Delegate for each Squadron of ten members or less, and one additional Delegate for every 10 members or major fraction thereof whose Detachment dues have been received in the Detachment headquarters 30 days prior to the first day of the Convention for which they are chosen.
Section 3. Each Delegate shall be entitled to one vote. The vote of any Delegate absent and not represented by an Alternate shall be cast by the majority of the registered Delegates present from his Squadron. Alternates for Delegates shall have all of the privileges of registered Delegates except that of voting. Delegates from five (5) Districts shall constitute a quorum.
Section 4. Voting shall be done by a voice vote, except for Election of Officers. During elections, uncontested elections shall be by voice vote. Contested elections shall be by written ballot by Squadron. The Commander shall appoint tellers as necessary to count ballots and to insure that each Squadron has voted properly. The Commander shall announce the winner and give the total amount of votes if requested by any candidate for that office.
Section 5. All actions of the Detachment Convention are subject to ratification and approval of the Executive Committee of The American Legion, Department of Minnesota.
Section 6. Except as noted in these Constitution and By-Laws, the parliamentary authority shall be Roberts Rules of order, the most recent addition.
ARTICLE XI
Fall Conference
Section 1. A Detachment Fall Conference shall be held in conjunction with the Department of Minnesota American Legion Fall Conference. This Conference is for educational purposes only and no business is to come before the Body of the Sons of The American Legion Detachment of Minnesota for ratification or vote.
Section 2. All Officers of the Detachment of Minnesota Sons of The American Legion including Chairman and Committee members shall give information pertinent to their office or position for the educational advancement of the Body of the Sons of The American Legion Detachment of Minnesota.
ARTICLE XII
Suspension of Constitution
Section 1. No section of this Constitution may be suspended at any given time.
SONS OF THE AMERICAN LEGION
DETACHMENT OF MINNESOTA
BY-LAWS
ARTICLE I
Duties of Detachment Officers
Section 1. Detachment Commander: The Detachment Commander shall be elected by the Detachment Convention of Sons of The American Legion. He shall be the executive head of the Sons of The American Legion, Detachment of Minnesota, with full power of the Detachment Executive Committee. He shall be the Chairman of the Detachment Headquarters. He shall appoint as necessary committees and commissions subject to the ratification of the Detachment Headquarters, and shall perform such other duties as are usual and incident to the office.
Section 2. Detachment Vice Commanders: Five (5) Detachment Vice Commanders shall be elected at the annual Convention. The Detachment Vice Commanders shall act as representatives of the Detachment Commander on all matters referred to them by him, and shall, at his request preside over the meetings of the Detachment and perform other such duties as are usually incident to the office.
Section 3. Detachment Adjutant: The Adjutant shall be appointed by the Detachment Commander and shall with the assistance of The American Legion, Department of Minnesota, give notice of all meetings of the Detachment Executive Committee, shall conduct the correspondence and keep the records of the Detachment organization, including lists of names, serial numbers and addresses of all squadrons in the Detachment and lists of members, officers and committeemen, and shall keep the minutes of all Detachment meetings, shall notify the Detachment Officers and Committeemen of their appointment and subject to the direction and control of the Detachment headquarters and the Department Commander, shall have general charge and supervision of Detachment Headquarters and shall perform other such duties as are usually incident to his office.
Section 4. Detachment Finance Officer: The Detachment Finance Officer shall be elected at the annual Convention. The Detachment Finance Officer along with the Finance Committee shall propose a budget to the Detachment Executive Committeeman based on estimated income, and shall report on the condition of all of the Detachment Finances when called upon by the Detachment Commander, and shall perform such other duties as are usually incident to the office
Section 5. Detachment Chaplain: The Detachment Chaplain shall be elected by the Detachment Convention. The Detachment Chaplain shall perform such divine and non-sectarian services as may be necessary, adhering to such ceremonial rituals as may be recommended by National and Detachment Executive Committees from time to time. He shall also act in an advisory and supervisory capacity over Squadron Chaplains and perform other such duties as are usually incident to the office.
Section 6. Detachment Historian: The Detachment Historian shall be elected by the Detachment Convention. The Detachment historian shall collect from year to year all records and data available for the Detachment Headquarters and complete during his term of office the complete history of the year’s activities. He shall have advisory and supervisory powers over the Squadron Historians and perform other such duties as are usually incident to the office.
Section 7. National Executive Committeeman: The National Executive Committeeman shall be elected bi-annually (in the odd year) by the Delegates. He shall be elected from a list of names nominated by Squadrons at the Annual Detachment Convention. The National Executive Committeeman shall perform such duties as required of him by the National Constitution. He shall be the official representative of the Detachment of Minnesota on the National Executive Committee of the Sons of The American Legion. He shall serve as a member of the Detachment of Minnesota Executive Committee during his term of office.
Section 8. Alternate National Executive Committeeman: The Alternate National Executive Committeeman shall be elected bi-annually (in the even year) by the Delegates, during the opposite year of the National Executive Committeeman’s election. He shall be elected from a list of names nominated by Squadrons at the Annual Detachment Convention. The Alternate National Executive Committeeman shall assume the duties of the National Executive Committeeman, should he not be able to perform his duties or resign his office. He shall serve as a member of the Detachment of Minnesota Executive Committee during his term of office.
Section 9. Detachment Sergeant-At-Arms: The Detachment Sergeant At Arms shall be elected by the Detachment Convention. The Detachment Sergeant At Arms shall be in charge of the Detachment colors, serve as provost of the Executive Committee and the annual Convention. He shall perform other such duties as may be assigned to him by the Detachment Commander.
Section 10. Detachment Membership Director: The Detachment Membership Director shall be appointed annually by the Detachment Commander. The Membership Director shall be responsible for coordinating and promoting all membership programs in the Detachment of Minnesota, and shall serve on the Detachment Executive Committee.
Section 11. Detachment Judge Advocate: The Detachment Judge Advocate shall advise the Commander on questions of parliamentary procedure, review resolutions for the proper form, be a standing member of the Resolutions committee at Detachment Convention, serve as a parliamentary resource for all Squadrons in the Detachment, serve as a member of the Detachment Executive Committee and shall perform other such duties as assigned by the Detachment Commander.
Section 12. Immediate Past Detachment Commander: The immediate Past Detachment Commander shall serve as a member of the Detachment Executive Committee.
Section 13. Past National Commanders: All Past National Commanders and current National Commanders from the Detachment of Minnesota who are members in good standing shall serve as lifetime members of the Detachment Executive Committee.
Section 14. District Commander: All ten (10) District Commanders shall serve on the Detachment Executive Committee as their District’s representative and are entitled to the same privileges as all other Executive Committee Members.
ARTICLE II
Delegates to National Convention
Section 1. The Delegates to the National Convention shall include the outgoing Commander, the incoming Commander and the incoming Adjutant. Current National Officers and all Past National Commanders shall be Delegates by their own right.
Section 2. Additional Delegates shall be elected by the Detachment Executive Committee from the outgoing and incoming Detachment officers.
Section 3. Alternates shall be elected by the Detachment Executive Committee from a list of members nominated at the annual Detachment Convention.
Section 4. Should the delegate list remain incomplete, Alternates shall become Delegates in the order that they were elected until the entire slate of Delegates is full.
Section 5. Delegates and Alternates shall be elected by the Detachment Executive Committee meeting immediately following the Annual Detachment Convention.
Section 6. The outgoing Commander shall act as Chairman of the Delegation, and in his absence, the Chairman shall be elected by the Delegates attending the National Convention.
Section 7. The incoming Adjutant shall act as Secretary of the Delegation.
Section 8. The Chairman of the Delegation shall render a report of the National Convention to the next Detachment Executive Committee meeting following the Convention. A written copy of the report shall be delivered to the Historian for the purpose of record keeping.
Section 9. The Chairman of the Delegates shall have the power to appoint Delegates and Alternates to fill the Delegate strength of the delegation in the absence of a full slate of Delegates and Alternates from any member who attended the Detachment Convention. Alternates must be requested to serve as Delegates in the order of their election before any other members may be appointed as Delegates.
ARTICLE III
Detachment Executive Committee
Section 1. The quorum of the Detachment of Minnesota Executive Committee shall be at least half of the Executive Committee.
Section 2. The Detachment Commander will appoint members for Americanism, Public Relations and Veterans Affairs and Rehabilitation Committees, and any other committees that may be formed.
Section 3. The Detachment Executive Committee must approve all expenses not in the approved budget; or all monies that exceed the budget limit.
Section 4. The American Legion Department of Minnesota Executive Committee must ratify all decisions of the Sons of The American Legion Detachment Executive committee before they become final.
ARTICLE IV
Detachment Finance Committee
Section 1. The development and management of the Detachment’s annual budget and financial matters shall be the responsibility of a Detachment Finance Committee, comprised of the Finance Officer, Five (5) Representatives one from each of the companion Districts appointed by the Detachment Commander, the Detachment Adjutant, the Department Sons of The American Legion Advisors.
Section 2. The Five (5) District Representatives on the Finance Committee shall serve a term of five (5) years, with the exception of the initial appointments, which shall be for one (1), two (2), three (3), four (4) and five (5) years, respectively, to create a staggered expiration of terms. The Detachment Finance Committee Chairman shall be rotated yearly among the Five (5) District Representatives.
Section 3. An annual Sons of The American Legion Detachment of Minnesota budget must be approved and forwarded to the Department Sons of The American Legion Committee for presentation to and approval of the Department Finance and Department Executive Committees of the American Legion Department of Minnesota no later than thirty (30) days following the annual Sons of The American Legion Detachment of Minnesota Convention.
ARTICLE V
Amendments
Section 1. These By-Laws may be amended by a two-thirds vote of the delegates at the Detachment Convention and are subject to ratification by The American Legion.
Section 2. No such amendment shall conflict or be inconsistent with the National Constitution and by-Laws of the Sons of The American Legion.
Section 3. In the event of any inconsistency at any time between the provisions of the National Constitution and By-Laws and of the Detachment By-Laws, the National provisions shall govern.
Amended June 28, 1997 in Zimmerman, MN
Amended June 24, 2017 Sons of the American Legion Convention, in Legionville, MN