CONSTITUTION

1. The American Legion is a civilian organization; membership therein does not affect nor increase liability for military or police service. Rank does not exist in The American Legion; no member shall be addressed by their military or naval title in any convention or meeting of The American Legion.

2. The American Legion shall be absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking office or preferment.

3. Each member shall perform their full duty as a citizen according to His own conscience and understanding.

4. The use of the name and insignia of The American Legion shall be Confined to its membership. No member, Post, District, Area, or this Department shall lend such name or insignia to any person, firm or corporation for reward or otherwise.

1. That no person shall be a member of The American Legion unless they

served in the Naval, or Military Services of the United States of America at sometime 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; all dates inclusive, and August 2, 1990 until cessation of hostilities as determined by the U. S. Government, or who being citizens of the United States at the time of entry herein, served in the Military or Naval Services of any of the governments associated with the United States during said wars or hostilities; provided, however, that such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal date; "Act of Congress, approved December 38, 1950, Public Law 895." provided further, that no person shall be entitled to membership who, being in such service during either of said periods, refuse on conscientious, political or other grounds to subject themselves to military discipline or unqualified service.

2. There shall be no form or class of membership except an active membership. Dues shall be paid annually' or for life.

3. No person may be a member at any one time of more than one post.

4. No person, who has been expelled by a post, shall be admitted to membership in another post, without the consent of the expelling post, except that where such consent has been asked for and denied by such post, they may then appeal to the executive Committee of the department of the expelling post for permission to be admitted to membership in another post, and shall be ineligible for membership until such permission is granted.

1. The legislative body of the organization shall be a Department Convention to be held on or before the last day of June each year. The place of such convention shall be fixed by a vote of the presiding convention. provided that In the event the place is not fixed by the convention or for any reason a change is necessary, the Department Executive Committee is authorized to make such arrangements or to effect such changes. The time of the convention shall be fixed by a vote of the preceding convention. The time of the convention shall be announced by the Department Executive Committee at least sixty (60) days prior to date upon which the convention shall be held. to the Areas, Districts, Posts and general public.

2. The annual convention shall be composed of delegates and alternates from each post. Each post shall be entitled to two delegates and two alternates and to one additional delegate and one additional alternate for each fifteen members or major fraction thereof whose dues shall have been paid to the Department Treasurer thirty days prior to the date of the Department Convention. The vote of each post shall be equal to the total number of registered delegate to which the post is entitled.

3. The Convention Registration fee shall be fixed by the Department Executive Committee. Each delegate must register and pay his registration fee before he shall be entitled to vote on any matters placed before the Convention. The Department Adjutant shall notify each Post thirty days prior to the convention, as to the number of delegates and alternates which each Post is entitled. The registration fee shall be for the use and benefit of the post holding the convention and shall be paid prior to 10:00 am of the closing day of the convention; provided however, that the Convention Credentials Committee may seat any delegate whose

4. Each post shall elect delegates and alternates to the Department Convention at least twenty days prior thereto and shall certify their election thereto to the Department Adjutant at least fifteen days prior to the opening day of the Department Convention upon forms to be provided by the Department Adjutant. Certification forms must be authenticated by The Post Commander and the Post Adjutant, providing however, upon failure of the proper post officers to comply with the above provision the Convention Credentials Committee shall have the authority to seat such delegates as shall establish their election to the satisfaction of the Credentials Committee and shall have paid their registration fee.

5. The delegates and alternates to the Department Convention shall be chosen by each post.

6. The officers of the organization shall be a Commander, Vice- Commander, four (4) Area Commanders, (Area One, Two, Three and Four), election of each area commander shall be determined by those delegates represented from each individual district, Adjutant, Service Officer, Treasurer, Judge Advocate, Chaplain, Historian, Sergeant-at-Arms, and such assistants thereto as shall, from time to time, be appointed.

7. The executive authority of the organization shall be vested in the Department Executive Committee, to be composed of the Department Commander, Department Vice-Commander, National Executive Committeeman, Alternate NEC, the four Area Commanders, all District Commanders, and each retiring Department Commander, who shall serve for three years.

8. The Department Adjutant and the Department Treasurer shall be ex-officio members of the Department Executive Committee without vote. The Department Adjutant shall act as secretary of the Department Executive Committee. Past Department Commanders, while in good standing in their respective Posts, shall be members of the Department Executive Committee without vote and without travel compensation. All Executive Committee members with vote shall be entitled to travel pay to and from official Department Executive Committee meetings.

9. The Department shall be divided into four Areas as follows:

10. The Department shall be divided into nine Districts as follows:

11. The District Commander and District Vice-Commanders and the National Convention delegate and alternate of the respective Districts of the Department shall be elected either at the time and place of the Department Convention or at a District Convention called for that purpose by the District Commander at a time and place determined by the Executive Committee of said District and not less than thirty (30) days prior to the annual Department Convention. The District Commanders and District Vice- Commanders of the Districts of the Department of Utah shall be installed by a Department officer or past department officer in their respective offices at the Department Convention following their successive elections. They shall hold office for one year and until their successors are elected and installed.

12. The Legislative body of the District shall be a District Convention to be held annually. The time and place of the convention shall be determined by the District Executive Committee and thereafter by a vote of the preceding District Convention, provided however, that in event the District Convention does not fix the time and place the same shall be fixed by the District Executive Committee at least thirty (30) days prior to the time for which convention shall be called. Representatives of Posts at the first annual District Convention shall be upon the same basis as in the preceding department convention and thereafter the basis of representation shall be fixed by the preceding District Convention.

13. The Executive authority of the District shall be vested in an Executive Committee composed of the District Commander, District Vice- Commanders, District Treasurer, and the Post Commanders of all the Posts in the District. The District Adjutant shall be ex-officio member without voting and shall act as secretary of the Committee. One-third of those qualified to act shall constitute a quorum. The Executive Committee of the District shall hold regular meetings during the entire year. It shall be the duty of the District Commander to call said meetings and fix and determine the place and time thereof. A District Commander failing or refusing to comply with this requirement shall be subject to removal from office by the District Executive Committee. It shall be the duty of the Department Commander to call and hold the meeting of the District Executive Committee for the determination of the status of the District Commander for failing to comply with the mandate of this article. If the District Executive Committee shall remove the District Commander from office for neglect of duty under this article. it shall then elect his successor to hold the office for the balance of the term of the District Commander removed from office.

14. The officers of the Districts shall be District Commander, a District First Vice-Commander, a District Second Vice-Commander, a District Adjutant, a District Treasurer, a District Chaplain and a District Sergeant-at-Arms.

15. The District Legislative body, the District Executive Committee and the District officers of the districts shall have the same duties and powers within the districts as their respective counterparts have in the Department organization.

16. Districts may adopt Constitutions and By-laws not inconsistent with the Department or National Constitutions and said Constitution and By-laws shall be submitted to the Department Judge Advocate for approval before same shall be adopted by the District.

17. The Department Executive Committee may cause the annual inspection of any Post in the State to be made under the direction of the Commander of each District, who will report to Department Headquarters on or before March 1st of each year.

18. The Department Commander, Department Vice-Commander, and four Area Commanders shall be elected by the annual Department Convention by roll call vote to serve for a term of one (1) year or until their successors are elected and qualified. In the event there is but one (1) nominee for each of said offices, election may be made by acclamation upon motion duly made and seconded. When there are two (2) or more candidates for each office, the candidate receiving a majority vote of the delegates present in the convention hall shall be elected. The annual Department Convention, by rule incorporated in and a part of its rules for the government of the convention previously adopted by the convention, may provide that in the event there are more than two (2) candidates nominated for any of said

19. Vacancies in a Department office arising between conventions shall be filled by the Department Executive Committee unless otherwise provided herein or in the by-laws of the Department. In the event that any Department Commander, Department Vice-Commander, Area Commander or District officer shall absent themselves from the State of Utah for a period exceeding sixty (60) days, he shall submit his resignation from such office within a reasonable time after his departure from the State, and upon his failure to do so, such office shall be declared vacant and the vacancy filled.

20. All Past Department Commanders, all Department Executive Committee and all chairmen of Department Standing Committee and members of Department Commissions if not elected as delegates from their home post shall be ex-officio members of Department Executive Committee and/or the Department Conventions with voice but with no right to vote.

21. The Department Executive Committee shall appoint the Department Adjutant and the Department Service Officer, each to serve for a term of three (3) years or until his successor is appointed and qualified, or removed for good cause by the Department Executive Committee. The Department Adjutant and the Department Service Officer shall reside in the State of Utah.

22. The Department Executive Committee shall appoint a Judge Advocate of the Department and shall prescribe his duties.

23. The fiscal year Of the department shall be from June 1st to May 31st, of each year.

24. The financial affairs of the Department, shall be under the supervision and control of the Finance Commission, composed of five (5) members. One (1) member of the Finance Commission shall be nominated annually by the Department Commander for a term of five (5) years, to succeed the outgoing member of said Department Finance Commission. The nominations of the Department Commander to said commission shall be confirmed by the Department Executive Committee, provided however, the Department Commander shall have authority to make interim appointments subject to confirmation by the Department Executive Committee at its next regular meeting. Said interim appointees shall in the meantime possess the same authority as though their nomination had been immediately confirmed by the Department Executive Committee. All members of the finance commission must reside in the State of Utah. The members of the Finance Commission shall elect their own Chairman. The incoming Department Commander shall be an ex-officio member of the Department Finance Commission.

25. The Department Finance Commission shall prepare an annual Budget and submit the same together with detailed report of the financial activities of the Department, to the annual department convention for approval. The Department expenditures shall be approved by at least three (3) members of the Department Finance Commission prior to the issuance of a voucher by the Department Treasurer. No deficit shall be allowed, nor shall the Finance Commission authorize any expenditures in excess of the budget, and any and all expenditures in excess of the budget, and any and all deficits shall become personal obligations of the officer making the expenditure or of the members of the finance Commission approving the same. Prior to assuming their duties, and as a prerequisite to qualifying, the members of the Department Finance Commission shall furnish surety bond in the penal sum of $1,000.00, payable to The American Legion, Department Of Utah, for the faithful performance of their duties as such members. The Premium of said bond shall be paid out of the treasury of the Department.

26. A fund or the payment of traveling expenses of delegates to the National conventions of The American Legion is hereby created and the same shall consist of the Sum fifty cents ($.50) to be deducted and set aside from annual membership dues received by the Department. Said fund shall be held by the Department Treasurer in a designated "Travel Fund", and shall be disbursed by him as follows:

27: No Department delegate will receive more per diem reimbursement than those who may also be designated as Department delegates who are called to serve on Pre-National-Convention Committee assignment reimbursed by the National organization.

28. The Department Treasurer shall be appointed by the Department Commander, subject to the approval of the Department Finance Commission, to serve for a term of one (1) year, or until their successor shall have been appointed and qualified, or until said officer is removed for cause. The Department Treasurer shall reside in the State of Utah.

29. The Department Convention shall elect by roll call vote a National Executive Committeeman and an alternate who shall hold office for two (2) years from the time of the national convention until the second national convention

1. The local unit shall be termed the post. The minimum membership of a post shall be determined by the Executive Committee of the Department in whose area it lies. No post shall be received into this organization until it has received a charter. A post desiring a charter shall apply to the Department Commander. The application must be approved by the Department Executive Committee before such charter will be issued by the National Executive Committee. No post shall be named after any living person. Posts shall be formed as provided under the National Constitution and shall be governed on all matters of national and departmental finance as set forth in the National Constitution.

2. The officers of the local post shall include the following: Commander, First Vice-Commander, Second Vice-Commander, Adjutant, Treasurer, Historian, and Sergeant-at-Arms, provided that it shall be optional with the local post in combing the offices of Adjutant and treasurer.

3. Each Post shall pay annually to the Department organization such per capita tax as may be levied by each Department Convention, plus whatever national per capita tax the national organization may levy. All per Capita tax must be paid by each post within thirty (30) days after receipt of member's dues. No post shall have the right by resolution or other act to withhold or divert annual national or departmental dues collected or monies collected from approved sources of the national or departmental organizations. All monies collected for the departmental or the national headquarters shall be immediately forwarded to the Department Adjutant, to be by him accounted for and transmitted to the Department Treasurer.

4. Any member of a post desiring to transfer to another post shall be entitled to a transfer card to said other post provided all dues and assessments have been paid to date. The approval of his application by the receiving post places the member on their roster, but until this application for transfer is acted upon favorably by the receiving post and until such member shall have paid all dues, assessments or other monies owed to the issuing post, the membership remains with the post issuing the transfer car~ An official transfer form in good order must be submitted to the Department Adjutant, otherwise such transfer shall be deemed invalid. No person, who is not an active member of The American Legion in good standing, shall hold any office either elective or appointive or serve on any committee, in the Department of Utah in any Area or District of the Department, or in any post of the Department.

5. The Department Convention may approve a Uniform Constitution and By-laws, the adoption of which shall be advisory for all posts. Each post may add to the Uniform Constitution and by-laws in any manner not inconsistent therewith. Any constitution or by-laws or changes therein approved by the Department Convention shall become effective sixty (60) days thereafter and shall automatically supersede the existing constitution or by-laws of each post.

6. Each post of The American Legion shall be the judge of its own membership, subject to the provisions of the National and department constitution and by-laws.

7. Members may be suspended or expelled from the post only upon a proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and other conduct unbecoming a member of The American Legion. All charges must be made under oath in writing by the accusers, and no member in good standing shall lose their membership until given a fair trial in such manner and form as herein prescribed.

8. The post Executive Committee shall have the power to suspend or expel any member provided that such member shall be given at least fifteen (15) days written notice of the charge against them and shall be entitled to a hearing upon such charge before being subject to any disciplinary action.

9. Any Member who has been suspended or expelled has the right of appeal to their Department Executive Committee or to the Department Convention, according to the provisions in the by-laws of the department. The decision of the department shall be final.

10. All persons applying for membership or reinstatement who have not been regularly initiated into the American Legion shall be initiated into the post to which application is made by formal initiation.

11. A position form of fidelity bond shall be provided by the Department Adjutant to cover all officers of The American Legion responsible for post funds, the premium cost of such bond to be prorated among the posts of the department according to the number bonded in each post. The post Adjutant shall submit to the Department Adjutant the names of the post officers to be bonded and the bond premium shall be paid. Failure to pay the bond premium will automatically forfeit the post's right to be seated at the Department Convention.

12. Each post should hold regular meetings once a month during the except that in the months of July and August, they may, at the discretion of the post, be discontinued.

13.Post Executive Committees and officers of posts should hold regular meetings at least once a month during the entire year. Any post failing to comply with either of the above requirements for a period of three (3) consecutive months, may be liable to have its charter revoked.

14. All posts shall hold election of officers not less than thirty (30) days prior to the department convention. The officers so elected shall be installed by a present or past district or department officer₁ and shall assume office at the Department Convention and they shall hold office for one year, or until their successors are elected and qualified. The post adjutant shall report the names of all officers elected within ten (10) days after the elections.

15. Two or more posts may merge into one post upon compliance with, and approval of the merger by the Department Executive Committee.

16. The Department Executive Committee may have the duty to approve or disapprove all money raising projects of The American Legion posts within such municipality or suburbs before any of said projects are started or undertaken, except poppy sales, unless mutually agreed.

17. Posts may not solicit donations or money of any kind outside the jurisdiction of any post nor shall any post be permitted to solicit money or donations by employing in part or fully, fund-raising organizations or individuals or other entities, unless that post has first obtained the consent of the District Executive Committee or District Commander or District Convention, if district-wide, or the Department Executive Committee or Department Commander. Such consent, referred to immediately above, shall not be given unless the post is to receive fifty percent (50%) or more of the gross monies solicited. Jurisdiction shall be defined as the area in which the majority of the post's members reside.

18. The name of the post, name of an intermediate body, or the name of the department, or of the phrase, "The American Legion" shall not be used in connection with any club, entity or business ventures, or in furtherance of any venture of a commercial nature, unless said project is owned in its entirety and controlled solely by said post or intermediate body, and then, only after the approval of the department Executive Committee has first been obtained, or between Department Executive Committee meetings, approved by the Department Commander.

19. A post may not dispose of any real property, in the name of The

1. The Commander of the Department at least fifteen (15) days prior to the date of any annual or specially called Department Convention shall appoint a committee on rules and permanent organization composed of five (5) members and shall designate the chairman thereof. It shall be the duty of the committee on rules and permanent organization to formulate and present to the convention rules governing the permanent organization and procedure of the convention.

2. The committee on rules and permanent organization for each convention shall include in its code of rules a provision defining and determining the quorum necessary for such convention, which provision when approved by the convention shall conclusively determine the quorum necessary for the holding of a legally qualified convention.

1. The delegates and alternates to the national convention shall consist of such number as is prescribed by the national organization.

2. So long as the Department of Utah shall be entitled to nine (9) or more delegates to the national convention the said delegates shall be selected as follows:

3. The retiring Department Commander shall be the chairman of the

1. When a majority of posts have voted in favor of initiating any resolution or amendment to the by-laws or constitution, the Department Adjutant shall certify this action to the Department Executive Committee. Upon the verification of this vote the Department Executive Committee shall take the necessary steps to submit the resolution of amendment to the vote of the posts.

2. When a majority of the posts have voted in favor of the recall of any department officer or member of the Department Executive Committee, the Department Adjutant shall certiiy this action to the Department Executive Committee and upon the verification of their vote, the Department Executive Committee shall take the necessary steps to sent each post of this organization a recall ballot. Upon this ballot shall first appear the question of whether the post favors the recall of the officer in question and shall next contain any nominees for the office which have been sent to the Department Executive Committee in writing

3. Matter submitted to initiative or recall shall be decided by a majority vote of the posts, provided that any initiative that is an amendment to the by-laws or constitution shall require the same vote to pass as like amendments would require if presented at the convention.

4. When a majority of the posts within a district have voted in favor of the recall of any district officer or member of a district Executive Committee, and copy of the minutes of each of such posts, certified by the post commander to be a true copy of the minutes of such posts upon the action taken, the District Adjutant shall prepare and transmit to each post of the district a ballot upon which shall first appear the names of any nominees for the office which have been sent to the district executive Committee in writing, and shall then contain the certificate of the post commander whose signature shall be attested to by the post adjutant to the effect that no reconsideration has been had of the question of recall since the post certified the copy of its minutes as above provided. A majority of votes favoring recall shall be sufficient to vacate the office, and the person receiving the highest number of votes shall thereby succeed to the office thus vacated.

5. Any post officer, or member of a post executive committee may be recalled by a majority vote of the membership of the post, in the manner provided herein. Any member of a post may, at any regular meeting of the post, present a motion for the recall of such officer. If the motion receives a second, such motion shall be verified as to its wording and entered upon the minutes of the meeting, to be brought up at the next succeeding regular meeting. It shall then be the duty of the adjutant forthwith to notify by mail all members of the post then in good standing of the pendency of the motion, and that the same will be presented for action to the next succeeding regular meeting of the post. At such succeeding regular meeting of the post, the motion shall be read, and may be debated by the post before a vote is called thereon. A two-thirds majority vote of all members present at the meeting at which the vote is taken shall be necessary to recall such officer or member of the executive committee.

1. The American Legion, Department of Utah recognizes an auxiliary organization, to be known as The American Legion Auxiliary, Department of Utah.

2. Membership in the auxiliary shall be limited to the Mothers, wives, daughters, grand-daughters, great grand-daughters and sisters of the members of The American Legion, and to the Mothers, wives, daughters, grand-daughters, great grand-daughters and sisters of all men and women who were m the military or naval services of the United States between April 6, 1917 and November 11, 1918; between December 7, 1941 and December 31, 1946; June 25, 1950 to January 31, 1955; December 22, 1961 to May 7,1975; August 24, 1982 to July 31, 1984; December 20, 1989 to January 31, 1990; August 2, 1990 until cessation of hostilities as determined by the U.S. Government, all dates are inclusive; and died in line of duty or after honorable discharge, and to those women who of their own right are eligible to membership in The American Legion.

3. The auxiliary shall be governed in this department of The American Legion by such rules and regulations as may be prescribed by the national executive committee and thereafter approved by such department of The American Legion.

4. The department of Utah also recognizes the organization known as the Sons of The American Legion. Membership in the Sons of The American Legion shall be prescribed by the National constitution of the Sons of The American Legion.

3

( PLEASE SEE APPENDIX C )

( PLEASE SEE APPENDIX D )

( PLEASE SEE APPENDIX E )

A - The department Executive committee shall pass upon all matters pertaining to the administration of the organization, to review, pass up on, accept or reject all applications for local posts within the department.

B - The department executive committee shall meet for business session within twenty-four (24) hours after the adjournment of the annual department convention and shall also meet during the week of July, during the second week of December, during the month of March each year and immediately preceding the

C - Any local post not paying its per capita tax shall be notified of the fact by the department adjutant, and if at the end of three (3) months a settlement has not been made, the delinquent post shall be suspended from membership and can only be reinstated upon approval of majority vote of the executive committee and payment of all delinquent per capita tax due.

D - The department executive committee shall pass upon and approve the constitutions and by-laws of all local posts before being finally accepted or adopted by the local posts. Any posts, within sixty (60) days of receiving its charter, shall adopt a constitution and by-laws and submit the same to the department executive committee for approval. Any such constitution and by-laws shall not be binding or in effect as the basic laws of a post until approved. All amendments to post constitutions and by-laws shall also be submitted to the department executive committee before being finally adopted and accepted by the post.

E - The executive committee shall have authority in all matters affecting the maintenance of good discipline and good conduct throughout the department. It shall receive and act upon all complaints presented by the department commander, or any post of this department. The committee may, upon hearing, pursuant to such rules and regulations as herein prescribed, suspend or expel any member or members of any post for violation of the principles The American Legion, as declared in the national and department constitution of The American Legion. A post member or members so expelled or suspended, may, upon written request of at least twenty-five (25) American Legion members in good standing appeal from the decision of the executive committee to the department convention. Subject to the approval of the national executive committee, as required by the provisions of the national constitution, the department executive committee shall have the authority, as per the guidelines of the national constitution and by4aws, to revoke or suspend the charter of any post within this department, and shall further have authority to impose upon the posts, or upon the individual member thereof, such lesser penalties, not including fines, as it shall deem appropriate, provided written notice has been given the posts or individual members thereof, at least fifteen (15) days prior to such action being taken, and the post or individual involved shall be entitled to be represented at such meeting, or to otherwise make explanation.

F - There shall be the following standing commissions, in addition to the constitutional finance commission, Americanism commission, public relations commission, security commission, legislative commission, membership commission, rehabilitation commission, child welfare commission, department club committee and a department religious emphasis committee. Said commissions shall be composed of three (3) members, to be appointed as follows:

G - The department executive committee shall be and it is hereby empowered to assign duties and responsibilities to the said six (6) standing commissions, and shall from time to time to alter, modify, change, transfer and reallocate assigned duties and responsibilities of said commissions, for the purpose of effecting efficient supervision and coordination of the activities of the department.

H - Each commission be and it is hereby empowered to create such standing committees as said commission shall deem necessary and proper for the efficient operation of said commission, and to assign to each committee such duties and responsibilities as it may deem necessary, with power to alter, mo~, change, transfer and reallocate duties and responsibilities of said standing committees. Each commission shall have the authority to designate the size of each committee created and appointed by it, provided, however, that each committee appointment shall be approved by the department commander. The membership of each committee so created by the commission may be composed of any members in good standing of The American Legion , Department of Utah, who are nor officers, either elected or appointed, of the department, provided, however, commission members shall be ex-officio members of each committee created by said commission.

I - In the event that any member of such commission shall fail to function of perform their duties) they shall be replace at the discretion of the department commander, and such replacement appointment shall be confirmed at the next regular meeting of the department executive committee.

J - The department commander shall appoint such convention committees each year as he/she shall deem necessary and proper. The department commander shall have the authority to appoint such special committees to serve for a period not to exceed his respective term of office, and as may be authorized by the department convention and the department executive committee. A commander may further appoint such other necessary convention committees not otherwise provided for.

K - The department commander shall be an ex-officio member of each and all of the aforesaid (6) standing commissions.

L - Each commission shall meet individually at least three (3) times per year.

M - Reports of all standing commission meetings shall be filed with the department adjutant.

N - The department commander shall recommend and the department executive committee shall confirm the chairman of each commission and committee. The incumbents of all committees and commissions shall hold office until a successor is duly appointed. Should any member of a commission be temporarily unable to perform his duties or attend meetings of his commission, the department commander, with the written advice and consent of the department executive committee, may appoint a temporary commission member to serve m the

0 - Elective department officers shall serve until their successors are elected. Appointive officers, unless removed by the appointing power, shall serve until their respective appointed successors are confirmed by the department executive committee. No elected department commander, or vice-commander, shall be eligible to succeed himself in the same office.

A legionnaire is considered to be in uniform if wearing an official American Legion cap. Therefore, it is "not proper to wear an American Legion cap while eating a meal at an official American Legion or civic luncheon or dinner." In American Legion meetings the cap should be worn except during the moments of Prayer, Pledge of Allegiance, the National Anthem, and except when standing in silent reverence in memory of departed comrades, when the cap should be held with the right hand over the heart. The cap should be off while Eating. Legionnaires wishing to attach decorations and/or other official insignia to their caps are advised of the following: RESTRICTED: The left side, emblem side, of any American Legion cap cannot contain other than the official American Legion emblem, and lettering for post, district, area, department or national caps. Flag patches are available for wear on either shoulder, however, this patch should always be worn with the field of blue facing forward when walking. Most protocol

1. Club room hours and general operation shall be set to comply with State laws and Alcoholic Beverage Commission regulations.

2. To have club privileges and key card privileges a Legionnaire, auxiliary or SAL member must have a current year membership card January 1, to December 31, NO EXCEPTIONS.

3. A Legionnaire, auxiliary or SAL member is permitted to bring his/her guests as long as he/she is responsible for their conduct.

4. A member bringing guests will sign a "Guest Register Book." to be provided by the post, UPON ARRIVAL, for himself/herself as the sponsor of his/her guests.

5. Guests must arrive and depart with member unless said member, wishing to depart, arranges for another member to sponsor and sign in said guests again. A person waling into the post from the street and then asking a member, the club manager, assistants or hired employees, to sign him in, is not a bona fide guest, and is not to be signed in.

6. Any member or guest will leave the premises when requested to do so by authorized club personnel.

7. Club manager, his/her assistants or hired employees, have the privileges of refusing service to anyone who is in violation of these club rules or supplementary post club rules.

8. No member or guest shall secure beverage or merchandise for any person who has been refused service.

9. No alcoholic beverages or any other beverage may be taken in or out of the premises covered by license where State laws and ABC regulations so provide.

A. The club room may remain open if:

1. The post regular meeting room is in a building separate from the club room.

2. The post regular meeting room is in the same building as the club room and the meeting room and club room is separated by continuous floor to

B. Where the club room is closed is closed during a regular post membership meeting, no alcoholic beverages shall be served fifteen (15) minutes prior to the start of the meeting at which time all drinks and containers are to be removed prior to the start of the meeting. No alcoholic beverages shall be taken into the meeting or consumed during such meetings.

20. All persons shall conduct themselves in a proper manner while on premises.

21. The club manager, assistants, hired employees, house/bar committee, or any post officer shall be responsible for enforcing these rules.

22. Violation of any of the club rules shall be subject to ruling of the post governing body following the procedures of the Department of Utah, and penalty shall be prescribed therein.

1. In addition to the sanctions and procedures delineated herein for the violation of club rules, written charges may be brought for the expulsion or suspension of a member of The American Legion, Department of Utah, i.e., his basic American Legion privileges, under the provisions set out in the post constitution and also using the procedure set out herein.

2. The department commander, department vice-commander, and district commanders are hereby empowered to enter any post club room in the State of Utah, whether invited or not, upon receiving any complaint concerning violations of these club rules, and if reasonable cause exists, said above named department officers are empowered to:

A. Shut down the operation of said club room pending a hearing on the violation by the district executive committee, or if not, then by five (5) member panel of the post commanders in said district, appointed by the department commander or department vice-commander, who act as a jury, and said hearing to be held as soon as reasonable notice can be given and in no event later than twenty (20) days from the date of the closing, and such hearing to be held using as a guideline the practices and procedures set out concerning notice, due process, witnesses, fairness of trial, and further set out therein. The decision of the district executive committee or of the post commander panel shall, by majority vote, either sustain or overrule the closing of the club room. If the vote is to sustain the closing, such ruling body shall also prescribe the length of time said club room shall remain closed. In the event the post refuses to cooperate and shut down its dub room upon the reasonable request of the department commander, department vice-commander, or district commander, said department officers are empowered further to inform the Utah alcoholic Beverage Control Commission of such violation and/or bringing

B: There shall be a Department club committee appointed by the Department Commander with approval of the Department Executive Committee, and said Committee should consist of at least 3 members with one designated as chairman, who having some experience with club operations. Committee members will review all posts who have club operations at least once a year to determine if the club is operating according to Federal - State - Local and American Legion guidelines, All club operations will furnish the department committee a copy of the IRS,990 report to determine their physical responsibility each year of operation.