Spring DEC Meeting March 10-11 MODESTO - … DEC Meeting • March 10-11 • MODESTO ......

CALIFORNIA LEGIONNAIRE • January/February 2001 1

Spring DEC Meeting • March 10-11 • MODESTO

donations of $5,000 to the Disaster &Emergency Relief Fund and $5,000 toRehab, and Post 21 Commander FredWalton (LOWER INSET) presented $1,000 tothe D&ER Fund on behalf of District 5.

Vol 71 No 3 Official Publication of the American Legion Department of California Jan/Feb 2001

CALIFORNIA CALIFORNIA’S ADJUTANT SEARCH IS OVER!A candidate has been selected

and will be named soon. Thanks toall those who applied!

Spreading the word about veteransPost 283 member visits elementary schools to educate youngsters

Emil Wroblicky, past commander of Palisades Post283, spoke to 14 classes

in six elementary schools in hisvicinity over a two-week periodaround Veterans Day 200.

For each class, he screeneda videotape, “America’s Veter-ans,” then talked to the childrenabout veterans and the day we setaside to honor them.

Comrade Wroblicky wasboth amused and impressed bysome of the answers he receivedfrom kids attempting to explainVeterans Day - many thought itmeant a day to honor “pet doctors.”

“War veterans are the menand women who have been incombat - gone to war,” ComradeWroblicky told the children. “Weborrow vocabulary from the warexperience when describingother kinds of veterans, like vet-eran ballplayers, who have beenin the ‘trenches.’

“Vets are the men whofought in World War II, Korea,Vietnam, or Desert Storm, and

Post 283’sEmil Wroblicky made therounds of his local schoolsto remind kids of the impor-tance of Veterans Day.[photo by Susan Schell ofthe Palisadian-Post]

women who served as nurses andsacrificed just as much forAmerican freedom. They aremost likely your neighbor, afriend, or your father or grandfa-thers. There are currently 25 mil-lion World War II vets in theUnited States now in their 70sand 80s, but 15,000 of those dieevery day. In 15 to 20 years, therewill be none left. When I was 10years old, I could remember 80-

and 90-year-old Civil War vet-erans.”

The students were eager tolearn, as well as to tell abouttheir own parents and grand-parents who were veterans.

Comrade Wroblicky re-ceived more than 100thank-you notes from thestudents for his presenta-tions, two of which areshown here.

Salinas Post 31 hosts January’sCalifornia Commission Call-InThe Saturday morning of Jan.6 — first of two days of theJanuary Commission Call-In —found a packed house at SalinasPost 31.

Commissions and commit-tees went into the sessions im-mediately after the opening re-marks by Department Com-mander Floyd Martin. Thechairman of each session wasasked to draw up one-year andfive-year plans of operation forhis or her group. CommanderMartin and his traveling staff vis-ited every session of every groupto check the lay of the land.

After the opening session

on Sun., Jan. 7, eachchairman made a briefstatement to the (once againpacked) house of CaliforniaLegionnaires.

As the audience lookedon, donation checks werepresented to CommanderFloyd, who then passed themon to Adjutant Charlie, whokept notes for himself toremember to the pass themon to the comptroller. Theyall arrived successfully.

The meeting concludedwith much accomplished —a job well done by all inattendance.

All the white caps break for recess (TOP)— but of course, Controller Woo holds theincentive for all to return for the closingsession (BELOW). Post 283 Adjutant HaroldTattan (UPPER INSET) presented his post’s

IN THIS ISSUE …Commanders on the move

National Commander RaySmith spent a week road-tripping around the state withDepartment CommanderFloyd Martin. Find out whatall they got up to … — pg. 3

New Department By-LawsCalifornia recently got aretooled set of guidelines forserving God & Country. If yousquint, you can read them allin this special four-pageinsert — starts on pg. 5

France Says “Thank You!”If you served in the liberation,you’ve got a medal coming;claim it with Service OfficerTerry Tracy’s form — pg.5

Four Chaplains Day is comingRelive the heroic story behindthe Legion’s Feb. observanceceremonies — pg. 9

Department Calendar of EventsDON’T MISS ADJUTANT

CHARLIE’S RETIREMENTBASH — MARCH 10!

— full calendar on pg 12

AND MUCH, MUCH MORE!

2 January /February 2001 • CALIFORNIA LEGIONNAIRE

REUNION NOTICES

NOTE: California Legionnaire does notendorse or authenticate any of thesenotices and takes no responsibility for thehonesty or actions of their sponsors. Becautious about sending money to anyperson or agency you contact throughthese notices. Notices are published asspace permits and may rejected for anyreason by the Editor.

MAY

China-Burma-India WWII Veterans Assn“All-West” ReunionMay 2–6, 2001 — Albuquerque, NMInfo: Melvin D. McMullen, 120 West 49th St.,San Bernardino CA 92407-3202Please include name, address, phone, name ofyour CBI unit and locations you servedoverseas.

USS Steinaker DDR/DD 863 Annual ReunionMay 3–6, 2001Oceanfront Inn, Virginia Beach, VAReservations 800-548-3879Info: Bill Combs, 3856 LaSalle Dr., # 103,Virginia Beach, VA 23456EMAIL [email protected]

49th Fighter Group Association ReunionMay 10–14, 2001 — San Antonio, TXInfo: Cipriano F. Guerra Jr, Lt. Col.-Ret, 13151N. Hunters Circle, San Antonio, TX 78230

WWII Patrol Craft Sailors Assn ReunionMay 17–19, 2001 — Holiday Inn, Omaha, NE(for all classes of PCs, SCs, PGs, PGMs, PYs,YPs, PEs & PFs)Info: Dick Elmendorf, 1320 Lantern Court,Elizabethtown, KY 42701 TEL 270-737-3974

JUNE

551st/552nd/553rd AEW&C WingsJoint ReunionJune 28–July 1, 2001Tinker Air Force Base, Oklahoma City, OKAll members of the 552nd AEW&C of McClellanAFB and all former & present AWACScommunity members are also welcome.Info: Dean Boys, Committee Chairman, RR3Box 193, Shelbyville, IL 62565TEL 217-774-4998 FAX 217-774-4227EMAIL [email protected]

JULY

USS Brinkley Bass (DD-287) 16th AnnualReunionJuly 25–31, 2001 — Fort Mitchell, KYInfo: Bob Shetron, 347 W. Leeside St.,Glendora, CA 91741 TEL 626-335-4034

AUGUST

China-Burma-India WWII Veterans Assn54th National ReunionAug. 27–Sept. 2, 2001Biltmore Hotel, Oklahoma City, OKInfo: Melvin D. McMullen, 120 West 49th St.,San Bernardino CA 92407-3202Please include name, address, phone, name ofyour CBI unit and where you served overseas.

SEPTEMBER

USS Everett F. Larson (DDR/DDR 830) ReunionSept. 5–9, 2001 — Louisville, KYInfo: Tom Nordquist, 7455 Winding Way,Tipp City, OH 45371 tel 937-667-9208EMAIL [email protected]

USS Robert A. Owens (DDK/DDE/DD 827)ReunionSept. 13–16, 2001 — Baltimore, MDInfo: Larry Wethington, 7470 Waterford Dr,# 301, Mason, OH 45040-8670 TEL 513-336-7944

OCTOBER

USS Salisbury Sound (AV-13) ReunionOct. 11–13, 2001 — Branson, MOInfo: Marian Bruce, 813 Branding Iron SE,Albuquerque, NM 87123TEL 505-293-3841 EMAIL [email protected]

OTHER

1st Brigade (Separate) 101st AirborneDivisionViet Nam, July 1965 – Jan 1968Quarterly newsletter; brigade history inprogress, 8th Bi-Annual Reunion in 2002.Info: Ivan Worrell, PO Box 675, Sweetwater,TN 37874-0675 TEL/FAX 423-337-5983EMAIL [email protected] www.101stabdiv1stbrigade.com

Andrews Sisters anecdotes wantedI am currently researching and writing abiography of the Andrews Sisters, the popularsinging act of the late 1930s through the early1950s. I am interested in hearing thereminiscences of people who met them, sawthem perform, knew them personally or simplyremember their popularity during their heyday.Contact: Harry Nimmo, 51 Potomac St., SanFrancisco, CA 94117EMAIL [email protected]

THE AMERICAN LEGIONDEPARTMENT OF CALIFORNIA

Veterans Memorial Building401 Van Ness Avenue, Room 117

San Francisco, CA 94102Phone (415) 431-2400 Fax (415) 255-1571

DEPARTMENT COMMANDERFloyd Martin

EDITORDonald A. Drumheller

PUBLISHING COMMISSIONAREA 1 Donald A. Drumheller (521-6)

CHAIRMAN 916-331-8171AREA 2 John A. O’Leary (340-9)

510-237-3661AREA 3 Berton G. McColl (16-11)

VICE CHAIRMAN 209-931-9246AREA 4 Thomas Walsh (8-17)

818-246-1152AREA 5 Robert H. MacDonald (731-22)

858-271-1643AREA 6 Margaret L. McIntosh (442-18)

818-287-0139TECHNICAL ADVISERS

John M. Lighthill (149-22)Lawrence E. Joyner (238-26)

PUBLICATION POLICYCalifornia Legionnaire is the official publication

of The American Legion Department of California.

Printing offices are located at Herald Printing,

5650 Alder Ave, Sacramento, California.

Publishing/editing offices are located at 401 Van

Ness Ave, Room 117, San Francisco, CA 94102.

We welcome inquiries concerning any aspect of

California Legionnaire. Publishing dates are July,

September, November, January, March and May,

along with special editions from time to time.

California Legionnaire is distributed to all Cali-

fornia American Legion members from their an-

nual dues. Nonprofit Standard Mail (A) is paid at

Sacramento, California, and at additional offices.

The contents of California Legionnaire will re-

flect the policies and activities of The American

Legion. Advertisement consistent with American

Legion policies may be accepted or declined or

edited at the Editor’s discretion. All advertising is

subject to current postal regulations concerning

such advertisement and nonprofit mail distribution.

All other materials submitted for publication in

California Legionnaire are subject to approval by

the Editor and the Department Commander, and

may be published or rejected without notice to the

author. Unsolicited submissions become the sole

property of California Legionnaire and will be ed-

ited for length, grammar and style considerations.

Materials will not be returned unless a self-ad-

dressed return envelope with sufficient postage is

provided.

PLEASE SEND CHANGE OF ADDRESSAND DECEASED NOTIFICATIONS TO:

THE AMERICAN LEGIONDepartment of California

401 Van Ness Ave., Rm. 117San Francisco, CA 94102-4587

DO NOT DIRECT THEM TO THE EDITOR

Adjutant’s Column

Odds and Endspersonnel, nothing more or less. It is notthe staff’s job or place to interpret or pre-empt the actions of Department officers,commissions or committees. If officers,commissioners or chairpeople fail toinform the staff of their actions and needsfor communication with the body of ourorganization, that’s where the problemreally begins. The same can be said aboutCalifornia Legionnaire; there is noreporting staff, so if the editor isn’tinformed about events of interest, thechance of their being reported is aboutthe same as for other unsentcommunications.

The San Francisco Four Chaplains’Service will be held Saturday afternoon,Feb. 10, at 2 p.m. at St. Mary’s Cathedral,corner of Gough & Geary. This event isalways special. If at all possible, plan onattending.

The Spring DEC is just around thecorner, March 10–11 in Modesto. Thehost post’s breakfasts alone are worth thetrip. This is where the business of yourdepartment is transacted. It is your chance

to promptyour dis-trict com-mander tosound offon your be-half. Forthose ofyou who aspire to future officer posi-tions, it is a chance to learn firsthand howyour Legion works.

The Las Vegas InformationConference, usually held in September,has been rescheduled for this comingMarch 30–April 1. The Riviera is stillheadquarters hotel and meeting center.

Speaking of conferences, theNational Washington Conference inD.C. begins the Monday morningfollowing our DEC in Modesto. As thecommander, the adjutant, the legislativechair and other Legionnaires fromCalifornia must attend — we have a newcast to meet and greet — the scrambleto get there on time for the openingmeetings should be entertaining.

By Charles T. AllemannDepartment Adjutant

By the time you read this column, theSenate should have confirmed Tony

Principi as secretary of veterans affairs.For once, the veterans get a break: asecretary who really knows the territory.It is a beginning, but still a lot must bedone with the VA system, especially itsattitude. The VA exists for veterans andbecause of veterans. Tony Principi knowsthis.

The recent commission call-in inSalinas brought out a recurring theme inthe commission chairpersons’ Sundayfinal reports: there is a lack ofcommunication between commissionsand Legionnaires. However, I agree thatcommunication is a two-way street. Moreoften than I like, members of thedepartment staff are taken to task andblamed for any lack of communicationby Department.

Let’s clear the air. The departmentstaff is not DEPARTMENT. They are staff


From the Commander’s Desk

Two commanders take on the California highwaynext day, we found ourselves headingsouth to Merle Reed Post 124. The city ofDelano provided a police escort (lightsand sirens) through downtown to the post,where the mayor officially greeted us.From Delano, we traveled to West Covinato Chilelli Memorial Post 888 for lunchand some excellent entertainment. Dinnerthat evening was at Palisades Post 283,again with some wonderful entertainment.The next morning we were cruisingNewport Harbor, courtesy of NewportHarbor Post 291. After our cruise, awonderful luncheon was provided. Thatnight, we dined exquisitely at HollywoodPost 43; what a beautiful museumassembled by Hollywood. Finally, wewere off to the San Diego vicinity forvisits to Albert J. Hickman Post 460,Lincoln Deming Post 468, Alpine Post258, Dennis T. Williams Post 310 for awonderful lunch. After lunch, we receivedthe grand tour of the Chula Vista VeteransHome. What a wonderful new facility, andsuch dedicated staff. The last stop in theafternoon was San Dieguito Post 416.Dinner the last night of our tour was at J.B. Clark Post 149 in Escondido. A specialthank-you to District Commander LarryJohnson for all his efforts. During these

travels, our NECman Dan Hetherington,Department Sergeant-at-Arms CharlesWilliams, Department Historian GeorgeBriggs and my aide Alan Lennoxaccompanied me. It was a great week, andCommander Smith thoroughly enjoyed it.

Commander Smith has threepriorities: membership, the national

By Floyd MartinDepartment Commander

Happy holidays and a prosperous andjoyous New Year to all!

In this time of joy and family, pleasegive a thought and prayer for ourservicemen and women serving today infaraway places. Hopefully, the brightnessof the season will shine on them and theirfamilies. This is also a time to rememberour POW/MIAs. I sincerely hope and praythat our new president and hisadministration will place a high priorityon our quest for answers. Let us renewour commitment to be relentless in thismission.

Several weeks ago, I had the pleasureof escorting our National CommanderRay G. Smith and his aide Frank Stanselthroughout California. It was a very busybut enjoyable outing. Our trip started inNapa with a visit to Yountville VeteransHome. The red-carpet treatment wasappreciated. Next stop was a visit to mypost, Amador Post 108, for dinner. The

Post EverlastingFrederic F. CampagnoliFrederic F. Campagnoli transferredpeacefully to Post Everlasting on Jan. 5,2001 in San Francisco. He was adjutantof Galileo Post 236 and legal adviser tothe Department of California and hadrecently been appointed to representCalifornia in the American LegionNational Legislative Council.

Comrade Campagnoli was born July20, 1917, in San Francisco, where helived his whole life. He served in the U.S.Navy as Lieutenant Senior Grade and wascaptain of the lead minesweeper thatcleared the path for invasion forces atOkinawa.

Comrade Campagnoli was agraduate of Galileo High School, theUniversity of California at Berkeley andthe Boalt School of Law at the Universityof California at Berkeley. He practicedlaw for 55 years and was a member ofthe Olympic Club for over 50 years. Hegave tirelessly of himself to numerouscharities and causes; among others, heserved on the board of trustees of the WarMemorial Opera House in San Francisco,where he was instrumental in buildingDavies Symphony Hall. He also servedas legal counsel to the Italian Consulatefor many years and was knighted as acavalieri of the Republic of Italy in 1986.

A memorial mass for ComradeCampagnoli will be celebrated in February(date to be announced). Donations may bemade to the American DiabetesAssociation, Little Sisters of the Poor, LittleChildren’s Aid or the charity of your choice.

Yountville Veterans Home cited in woman’s deathDoctor summoned too long after fall, state health agency finds

Two days later, she died.The home faces a fine of $90,000. The

facility may appeal the fine and citation, butmust immediately come up with a plan tocorrect the problems that led to the death.

Veterans home officials could not bereached for comment Monday, a stateholiday.

The citation was the latest in a seriesof censures of the state’s veterans homes.

In November, a state hearing officerupheld two AA citations and $50,000 infines against the veterans home inBarstow.

In one case, a 76-year-old man diedwhen he choked on a piece of broccoli.The man’s vision was failing, he sufferedfrom stiffness in his hands and refused towear his dentures because of pain. Thehearing officer agreed with theDepartment of Health Services that theveterans home had failed to take intoaccount these conditions in preparing hismeals.

In the other case, a 78-year-old mandied after going into a diabetic coma. Thehearing officer upheld the allegation thatno one notified the man’s doctor that hisblood sugar levels had shot up. The facilityalso failed to properly maintain its bloodsugar testing equipment.

The Barstow home narrowly avertedthe possibility of losing its license bygetting three AA citations in one year.Another citation against the home hadbeen finalized in October 1999, a littlemore than 12 months before the hearingofficer finalized the two more recent ones.

In July, the Barstow home lost itsfederal certification and its eligibilityfor reimbursement from Medicare andMedi-Cal.

The AA citations are relatively rarein other long-term care facilities. In 1999,the most recent year for which statisticsare available, the Department of HealthServices issued 23 AA citations in themore than 1,400 long-term care facilitiesit licenses.

The quality of care at Yountville hasalso been subject to criticism from stateand federal agencies. In 1999, the stateDepartment of Social Services found thehome deficient in its handling of clientswith dementia. The home needed to havefenced yards, exit alarms, more stafftraining and care plans for each residentwith dementia, the department said.

Copyright © The Sacramento Bee.Reprinted by permission. See this storyonline at <http://www.capitolalert.com/news/capalert06_20010116.html>

By John HillSacramento Bee Capitol Bureau

SACRAMENTO, Jan. 16 — In another rebukeof the troubled California Department ofVeterans Affairs, the veterans home inYountville has been cited for poor qualitycare in the death of a 76-year-old resident.

Despite the woman’s history of falls,the veterans home never came up with aplan to prevent falls and failed to superviseher, according to the state Department ofHealth Services, which issued the “AA”citation — the most severe possible.

On Aug. 7, the woman was foundoutside the home in her overturnedwheelchair. She was given an ice pack fora headache, but later complained ofnausea and started vomiting.

The Department of Health Servicessays it could find no documentation thather doctor was notified of her worseningcondition. When the doctor saw her afterher condition had deteriorated — morethan nine hours after the initial fall — hediagnosed a blood clot on the brain andhad the woman airlifted to a hospital.

The time it took to detect the clot “hassimply been too long to hope thatoperative intervention would be of anybenefit,” a doctor at the hospital noted.

Disaster & Emergency Relief fund, andthe Children & Youth Fund. I assured himthat California would respond to hisrequests — please help keep theseexcellent programs viable.

Again, thank you all for the wonderfulhospitality during the nationalcommander’s visit.

LEFT TO RIGHT: Department Commander Floyd Martin and Joan de Munbrun, aresident of the California Veterans Home at Chula Vista, visit with National CommanderRay Smith during his tour of California. Comrade de Munbrun was the second femaleadmitted to the Chula Vista home and is currently organizing a Legion post there.


American Legion Auxiliary

Thoughts for the new millenniumBy Sue HookerDepartment Auxiliary President.

Happy New Year to all! I hope that theholidays were kind to each of you.

Not that I am complaining but it wasvery nice to take a week off to Christmasshop, decorate and have the flu. Myschedule has been very full of visitationsand what a delight that has been. Thegenerosity of the Auxiliary members ofCalifornia is overwhelming. I certainlyhad my Christmas well before the actualdate. Being able to visit with the districtsand hear the reports of the chairmen andthe units has been a wonderful experience.The number of good deeds done — andthe original ways thought of to do thosegood deeds — is very encouraging. Yes,our ranks may be getting smaller, but theeffort is still there. Making sure that“Every Day is Veterans Day” is definitelythe thinking of the Auxiliary, and through

volunteers, made it aspecial time for ourveterans!

As I stated, thevisitations have been a greatexperience for me and mytraveling companions. They haveallowed me the opportunity to see someareas of our great state that I might nothave seen otherwise. Traveling to the farnorth, I was amazed at the beauty of thelandscape and felt very welcome by themembers of District 1. Each visit has beenunique. I was so pleased to be able toattend the annual Candlelight Service forthe POWs and MIAs presented once againby Past Department President MargaretQuinones and members of the 18thDistrict. What a beautiful service, and awonderful way to remind us to neverforget.

It was also and honor for me to be ableto attend not one but two dinners, wel-

the holidays, those amazingrepresentatives and deputies at theveterans facilities, along with all the other

coming American LegionNational Commander RaySmith to California — oneevent at Amador Post 108,

District 11, and the other atDelano Post 124, District 15.

Both very nice events, made evennicer by NEC Dan Hetherington and hiswife Jeanine allowing me to accompanythem.

As I write this, plans are ready for theMid-Year DEC for the Auxiliary onJanuary 13–14 at the Holiday Inn PlazaPark in Visalia. Our most honored guestwill be Patty Cooper, National WesternDivision Vice President from Oregon. TheDEC is always a perfect opportunity toregroup and prepare for the comingmonths leading to our Convention in June.

Once again, a very big THANK YOUto all the districts I have visited — andsoon I will be on the road again to meetwith the remainder.

Department Vice Commander Representing Women

Making a better life for veteransBy Marian LandisVC Representing Women

Traveling the state as vice commanderrepresenting women has given me the

chance ofa lifetime to meet the mostwonderful people. Your response has beengreat, and each visit has been a learningtime for me.

I know we all know this already, but weall need to understand how important it isfor us to back our VA hospitals, clinics andveterans homes, as well as those veteranswho need them. we get so busy with ourdaily lives, we tend to put off doing our part.We need each of you. We all have specialtalents we can share, not only on holidaysbut year-round. We need everyone to sharein making a better life for our veterans.

A number of new community-basedoutpatient clinics have recently beenapproved by Congress. They are:

1. Escondido (SD)2. South Central Los Angeles3. San Gabriel Valley4. Corona5. Whittier

These will give some of you closervolunteer locations near your homes.When the new clinics open, please don’thesitate to ask them if you can volunteer.

Talk about being proud: our SALDetachment of California came down tothe Chula Vista Veterans Home during theFleet Week Saturday Celebration andpresented four large barbecue grills andfour complete computers (printers, etc.).To Commander Bedell, Senior ViceCommander Alvarez and all SALmembers, thank you for the wonderful jobyou are doing. It was an honor to be therewith you.

Don’t forget my scholarship program

for women Legionnaires and/or childrenof and/or grandchildren of WomenLegionnaires. Letters went out to alldistrict and area commanders inNovember explaining the program.Scholarship awards will be in the amountof $500. The number of awards will bedetermined by the resources available tothe fund as of May 1.

I’m sure there are some posts withactive women Legionnaires that I haven’theard from. Please call me, and I’ll set upa visitation time.

My upcoming 2001 schedule, so far:Feb. 7: Theodore Roosevelt Post 21 10: Legion Day, San Diego VA Hospital 24: National Auxiliary President’s visit, Post 149Mar 10: Modesto DEC

24: Ventura Post 339, Area 6 meeting 30-31: Nat’l Info Conference, Las VegasApr 11: Jane Delano Post 235 16: Hollywood Post 43 28: East Bay Womens Post 379

(Oakland)?: Jackie Robinson Post 252

A short reminder: I want to give aplaque to a deserving Woman Legionnaireof the Year at Convention in June. Tonominate your choice, write a 200-word(or less) letter telling me of her work withthe Legion; if you have a photo, pleaseinclude it, too. This is a great way torecognize a loyal, hardworking member.Get your nominations to me by May 20so I have time to make a selection and havethe plaque made.

2001 DEPARTMENT BY-LAWS PULL-OUT SECTIONThe Department of California’s By-Laws to theAmerican Legion Constitution, first ratified in1928, were recently revised to accommodatethe modern era. Starting on the page 13 of thisPDF file, a four-page pull-out contains the fulltext of the revised By-Laws. A printed bookletof the new By-Laws is available fromDepartment for a nominal fee.

National Executive Committee

NEC happeningsBy Dan HetheringtonNational Executive Committeeman

Since my last column, much hashappened. Mid-December saw us

traveling with National Commander RaySmith on his visit to California. Manythanks to all the posts that hosted thenational commander.

After getting home, I became awarethat Santa’s visit was getting very closewith no shopping done. Never fear, Santamade it, and I hope he was good to all ofyou, too.

Now to the serious part: France isissuing a certificate to honor WWII

veterans who par t icipated in theliberation of France. For moreinformation, see Service Officer TerryTracy’s report oand application form npage 7 or visit the informational websiteat <http://www.info-France-USA.org>.

On Nov. 1, 2000, the President signedPL 106-419. This legislation provides fora variety of benefit program changes,education assistance, health provisions,medical administration, constructionauthorization, real property matters,compensation, pension, insurance,housing, employment and memorialaffairs provisions for veterans. It alsoestablishes a new program of benefits,

including health care and monetaryallowance, for children of women VietNam veterans born with certain birthdefects resulting in physical or mentaldisability and associated with service inViet Nam.

Women veterans are the focus of thenew American Legion Guide. This bookletcovers a range of concerns facingAmerica’s 1.2 million women veterans. Toobtain a copy, contact VA&R DeputyDirector Jackie Garrick ACSW/CSW/CTS at 202-263-2989. Please, ladies, takeadvantage of this information — youearned it.

In closing, I hope each and every oneof you are having a great New Year. Keepworking membership, and help to get usseated in the front at National Convention.Happy New Year and God bless!


By Department Service Officer Terry Tracy

Bush Nominates LegionnairePrincipi to Head Veterans Affairs

REHABILITATIONREHABILITATIONREHABILITATIONVETERANS AFFAIRS AND

WASHINGTON, DC, Dec. 29, 2000 — Presi-dent-Elect George W. Bush today an-

nounced his nominationof Anthony Principi Jr.for secretary of veter-ans affairs.

Comrade Principibelongs to theDepartment of Alaska’sBlair Post 17 in Kodiak. He served asdeputy VA secretary in 1989 and was theacting VA secretary afterthe resignation of EdwardJ. Derwinski in 1992.Comrade Principi’srèsumè also includesstints as counsel to theSenate Veterans AffairsCommittee and as defensecounsel for the U.S. Navy.

Comrade Principigraduated from the U.S.Naval Academy in 1967and earned the BronzeStar and Navy CombatAction medal in riverpatrols along the MekongDelta during the VietnamWar. He later earned a lawdegree from Seton HallUniversity. ComradePrincipi and his wife of 30years, Elizabeth, herself aVietnam veteran and aformer Navy lawyer, havethree sons, two of whomare in the U.S. Air Force.

Comrade Principichaired the Commissionon Servicemembers and VeteransTransition Assistance that two years agocalled for numerous reforms supported bythe American Legion, such as restoring theGI Bill to its original World War II buyingpower, creating incentives for federalcontractors to hire veterans and providing

lifetime health care for military retirees.***

The Bush-Cheney administrationshould have easy access to the Legion’sinput: also today, Gov. Bush announcedLegion National Adjutant Robert W.Spanogle’s appointment to the newadministration’s transition advisory teamand National Commander Smithdispatched Legislative, National Security,

and Veterans Affairs & Rehabilitationstaffers to brief administration analysts onissues affecting America’s 25 millionveterans and their families.. The briefingtook place at the Department of VeteransAffairs headquarters here prior to theannouncement of Principi’s nomination.

France issues certificate to honor WWII GIs

This article will cover a subject ofexclusive interest to those World War

II veterans who had service in Francebetween the period of June 6, 1944through may 8, 1945, and whoparticipated in the liberation of France. Ifyou fit that description, the Frenchgovernment wants to honor you with acertificate.

This certificate is meant to express the

gratitude of the French people to theAmerican soldiers, and other allies, whoparticipated in the Normandy landing andthe liberation of France. Honorees will bethose who served in French territory,including French territorial waters orairspace in 1944-45. The certificate isbeing offered only to livingveterans, and none will beissued posthumously.

On behalf of the Frenchauthorities, those whoqualify will be receiving thecertificate through theFrench Consuls located herein the United States. The applicant mustprovide proof of service in Francebetween 6/6/44 and 5/8/45, such as a copyof a DD214 or Certificate of Service.

For additional application(s) and alisting of French consulates in the UnitedStates, contact one of California’s threeAmerican Legion Rehab offices, locatedin San Diego, Los Angeles and Oakland.Applications are also available through theU.S. Department of Veterans Affairs [800-827-1000], from your state/countyveterans service office or from the FrenchEmbassy’s website at www.info-france-usa.org.How to get the Embassy of France’s“Thank You America” Certificate

Please follow the instructions

carefully and return this form to yourVeterans Association or nearest ConsulateGeneral of France.Instructions

1. Please complete the form in blockletters and print legibly.

2. Please attach any document

showing proof of service in France betweenJune 6, 1944 and May 8, 1945. Thedocuments attesting your record of servicewill not be returned. Please send copies.

3. Please do not telephone. The reviewof applications may take several weeks.Veterans or their representatives will becontacted directly if necessary.

4. The decision to honor World WarII combatants applies only to livingveterans who served on French territoryand in French territorial waters andairspace in 1944 - 1945. The certificatewill not be awarded posthumously.

5. Please send the application eitherto your veterans association if sorequested or to the nearest ConsulateGeneral of France.

NATIONAL INFORMATION CONFERENCE 2001Las Vegas, NV, March 30-April 1, 2001 at the

Riviera Hotel and Casino, 2901 Las Vegas Blvd.South. Make your reservations early! Call 1 (800)634-6753 or (702) 794-9412 and mention theAmerican Legion to receive the group rate.

#RECOMMENDATION

For the Certificate to Recognize the Allied Soldiers Who Took Part in the NormandyLanding and Contributed to the Liberation of France 1944–1945

Last Name First Name Middle Initial: _

Date of Birth _________________

Street Address _______________________________________________________

City State Zip Telephone: _

Major Combat Unit (Army, Division, Navy ship, Coast Guard vessel, Numbered Air Force):

World War II Serial Number ___________________________________________Duration(s) of armed service on French territory, airspace or waters during WorldWar II and dates (year, month and day; please attach copy of military records):

Dates of service: from _________________ until __________________

Where did you serve in France? ________________________________________

If this form is prepared by a third person, please indicate that person’s name, addressand phone number here:

To be completed by the veteran:

I, ___________________________, the undersigned, declare on my honor that theinformation contained on this form and on the attached copies is exact.

Done at ______________________ on ________________, 2000/2001.

Signature of the veteran _______________________________________________

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Vacaville Citizens Dedicate Monument to VeteransSubmitted by Fred BarnesDistrict 5 Scribe

Residents of Vacaville, “a grateful community,” gathered to pay tribute to

veterans from all walks of life on VeteransDay, Nov. 11, 2000.

The highlight of the day-long eventwas the unveiling of a monumentdedicated by the city of Vacaville to honorveterans. Keynote speaker was Lt. GeneralWalter S. Hogle Jr., commander of the15th Air Force stationed at Travis AirForce Base.

“This tells me there’s a sense ofpatriotism here and it shows that theveterans who served aren’t forgotten,” saidGen. Hogle, referring to the audience ofapproximately 1,000 attendees.

Members of Rago Christopher Post165 and Auxiliary Unit 165 of Vacavillewere instrumental as advisers to the citystaff and participated in the ceremonies.Leading the main honor guard was Post 165Commander John Angier, followed closelyby the Legion-sponsored Boy Scout Troop195 and Cub Scout Pack 195 honor guardsof Vacaville. Girl Scouts distributedprograms and flags to the gathering.

Three Vanden High School students— Boys State delegate Robert Selfaison,Girls State delegate Erin Gentili and RyanEberli, son of Auxiliary Unit 165President Kelli Eberli — read a poem byFather Denis O’Brien of the U.S. MarineCorps, “What is a Veteran?”

District 5 Service Officer Jeff Jewellunveiled the monument as PresidentEberli thanked the City of Vacaville andall the veterans groups who helped tobring this monument to fruition.

“I feel proud to be a citizen ofVacaville and a veteran,” Comrade Jewellsaid. “It makes veterans feels welcome inVacaville, and I hope other communitieswill do the same or something similar tohonor all veterans.” The new monumentis located by the Main Street Creekwalkin Vacaville.

One veteran who wasn’t forgotten wasretired Air Force LT. Co. Fred Pelser, aB-26 navigator who was shot down overNorth Korea in 1951 and held as a prisonerof war for 714 days. He was chosen byTravis officials to receive the Korean WarMedal, making Col. Pelser one of the firstrecipients of 5,000 medals to be awardedto retired veterans.

Brig. Gen. Thomas Kane, commanderof the 60th Air Mobility Wing at Travis,said the Korean War Medal was originallyoffered by the Republic of Korea in 1951to United Nations forces serving in Korea,but a U.S. law at the time prohibited thewearing of medals issued by foreigngovernments. Congress amended that lawin 1954.

About 15 community service groupsset up booths for the event, such as theNorthern California System of ClinicsMobile Clinic Van, which provided freeflu shots to veterans. Other groups present

inc ludedt h eCaliforniaDepartmento fVeteransA f f a i r s ,S o l a n oC o u n t yVeteransServices,Amer icaT h a n k sY o uVeteransDay CardP r o j e c t ,Police Athletic League and, of course,Post 165, which signed up three newmembers.

The day-long festivities concluded withan appearance by actor/singer WilfordBrimley, a former U.S. Marine and a KoreanWar-era Veteran, who performed with theU.S. Air Force of the Golden West“Commanders” Jazz Ensemble.

Post 303 dedicatesmemorial in El CajonOn Nov. 11, the El Cajon City Counciland El Cajon Post 303 dedicated a WarMemorial honoring the men and womenof East County who have fought to protectour freedom. The memorial is a five-sidedgranite marker that bears the insignias of

the five branches of the U.S. armedservices. It is located in the plaza betweenEl Cajon City Hall and the East CountyPerforming Arts Center.

Post 303 Commander Clyde Landpresided over the dedication ceremony.The program included speeches by ElCajon Mayor Mark Lewis and others. TheRev. Jim Edwards, U.S. Navy, gave theinvocation, followed by Jessica Kloorsinging the National Anthem. The SanDiego Navy Color Guard presented thecolors, and Boy Scout Troop 362 led theaudience in the Pledge of Allegiance. CitaWelsh of the Viejas band of KumeyaayIndians performed a Native Americanblessing of the flag and the memorial. —submitted by Post 303 Adjutant Jack V.Carter

KABC-TV’s Bob Banfield wins PR awardBy Joanne EvansPost 595 Adjutant

Robert Banfield of KABC-TV Channel 7in Los Angeles has been awarded theDepartment of California’s 2000-01 PublicRelations Award for television.

Perris Post 595 Commander Iral Evans,who nominated Banfield for the honor lastJune, presented him with the award on Dec.2 at the Moreno Valley Mall.

Banfield devotes much of his time toserving the community, and he has alwayssupported the Legion’s programs. He hascovered many events involving children andyouth during his broadcasting career,including the Firefighter “Spark of Love”Toy Drive for the last two years. In fact, Bobwas signing autographs for shoppers whodonated new toys for underprivilegedchildren when Commander Evans surprisedhim with the award.

Bob thanked Commander Evans and theAmerican Legion Department of Californiafor considering him for the award.

Bob Banfield of KABC-TV 7 (LEFT) receives the DepartmentPublic Relations Award from Post 595 Commander Iral Evans

POST NEWS

The inscription on the Vacaville Veterans Memorial

Post 155 honors Veterans Day

Colton Post 155 organized a Veterans Day parade on Nov.11, 20000, for the city of Colton. Above, the Sea Cadetsfrom the ROTC of Rialto High School march in the parade.— submitted by Post 155 Adjutant Steven G. Emery


POST NEWS

District 18 reaches out to West Covina students

Post 21 Christmas fest salutes WWI vet Barcas

Post 637 recognizes Congressman OseAt the November 2000 meeting ofCitrus Heights Post 637,Commander Carol Watsonpresented a plaque to CongressmanDoug Ose recognizing his supportof the Flag Protection Amendment.The amendment to the U.S.Constitution would allow freedomfor individual jurisdictions toestablish penalties for defacing ordisgracing the American flag. Osesaid he considers the flag asignificant symbol of our processof government that deserves oursupport and protection.

Congressman Doug Ose and Citrus Heights Post637 Commander Carol Watson

Post 66’s Holt Scholarship Fund tops $30,000

The Frank C. Holt Memorial Scholarshipfund has taken a healthy leap forward,thanks to the efforts of San Luis ObispoPost 66 and the San Luis Obispo RotaryClub. The scholarship fund will go to ayoung man or woman active in athletics,school affairs (band, choir, drama groups)and community affairs. As of December2000, the fund had reached $31,900.

The fund’s namesake, Frank C. Holt,coached at San Luis Obispo High Schoolfrom 1928 to 1952, with a break forWorld War II from 1942–46. He was amember of Post 66 for over 50 years andspent nearly the same time as a memberof the Rotary Club. Comrade Holt passedaway in March 2000 at age 94. Tocontribute to the fund, contact Post 66.

LEFT TO RIGHT:San Luis Obispo

Post 66 Com-mander Ken Miller,

SLO Rotary ClubPresident John

Barnhardt, Post 66First Vice Com-

mander Bob Leeand SLO Rotary

Club member JackFelician.

Post 124 & Delano honor “Commander Smith Day”Merle Reed Post 124 and the city ofDelano surely rolled out the red carpetwhen National Commander Ray Smithand Department Commander FloydMartin passed through duringCommander Smith’s December trip toCalifornia.

The city of Delano provided amotorcade for the two Legion leaders, themayor of Delano officially proclaimedDec.12, 2000, to be “The AmericanLegion National Commander Ray G.Smith Day,” and the Delano Recorddevoted loads of coverage to the visit.

It was such a grand celebration, infact, that Post 124 Adjutant Lon Chaneyremains royally teed off that not one ofthree TV stations he invited from nearbyBakersfield showed up to cover the day’sevents. Accordingly, Adjutant Chaney sentbeautifully irate follow-up letters to hiscontacts the offending stations.

“Department Commander FloydMartin is the leader of over 141,000

veterans and National Commander RaySmith is the leader of over 2.8 millionveterans,” one letter said. “I sent outinformation requesting news coverage ofthis event to your office on 12/6/2000, 12/7/2000 and 12/9/2000. It appears asthough you and your television station andthe Bakersfield Californian do notconsider leaders of this staturenewsworthy, because you did not showup.…”

Hats off to Comrade Chaney forrefusing to accept this media snub in silence,and for taking time to express hisdissatisfaction with the guilty folks inwriting.

Here’s hoping his letters have someinfluence on:

- Ron Lewis of Channel 17 <[email protected]>,

- Joe Gomez of Channel 23 <[email protected]> and

- Jose Gasper of Channel 29 <[email protected]>.

Commander Terry Thurman of TheodoreRoosevelt Post 21 in Santa Rosawelcomed a large turn-out to the post’sannual Christmas party on Dec. 6.

Guest of honor was Post 21’s TomBarkas, 106, a veteran doughboy of WorldWar I. Tom and his wife of 73 years, Anna,93, were the special guests of CommanderThurman and District 5 Commander (and

Post 21 member) Fred Walton.Post 21 is proud to claim two veterans

of WW I as members: Comrade Barkasand Earl Murphy, 103, an “originalsubmariner” of the Navy. These two fineLegionnaires still represent the AmericanLegion in local community activities. —submitted by Post 21 Adjutant BudSimmons

In honor of Veterans day, District 18members put on an Americanism programfor eighth-grade history students atTraweek Middle School in West Covina.Students received flag etiquette booklets,flag bookmarks and flyers on the meaningand history of the American flag. Theysaw a demonstration of the folding of theAmerican flag and learned about themeaning of the POW/MIA flag. The video“What Is a Veteran?” was shown, followedby a question-and-answer session.

Representing District 18 were HerGarcia (280), Third Vice Commander BillWalker (180), District 18 Commander BillReed (790), District 18 Adjutant PeggyMcIntosh (442) and District 18Americanism Commission ChairmanEileen Krizansky (790).

The district has been invited back topresent another program for MemorialDay. Thanks to history teacher RalphBennewitz. —submitted by District 18Americanism Chairman Eileen Krizansky

Post 509 rises from the ashesAfter having burnednot once but twicein the last year,Fresno Federal Post509 will soon seehappy days again.Plans are in motionfor construction of anew hall for Post509. All contribu-tions are greatlyappreciated.

LEFT: architect’sdrawing and modelof the new Post 509.

REMEMBER: submitting your article to California Legionnaire on diskette or by email <[email protected]>increases your chance of publication by at least 77%!


Sailing through the darknessNewport Harbor Post 291and the American Legion Yacht Club join to offer blind neighbors a day on the water

By Penny HayesPost 291 Historian

Participating in the Sail for the Blindand Visually Impaired is a humbling

experience, I was told.Since I can’t sail very well and I can

see, it was hard for me to imagine a blindperson sailing a boat. But I’m open-minded.

The annual event began in 1990, whenBonnie Gibson and Bobbie Reed took 19blind people out on the 36-foot sloopStella Maris. In 1991, WORSA, theAmerican Legion Yacht Club (ALYC) andNewport Harbor Post 291 joined forces.This event has continued to grow to itspresent participation of at least 220 blindand visually-impaired, along withnumerous volunteers and escorts.

This year’s Sail took placeon Sat.,Oct. 21, at the American Legion Hall inNewport Beach. The ALYC served a hotbreakfast consisting of scrambled eggs,ham, and pancakes. Newport Beach FireDepartment (Stations 61 and 62)memmbers flipped the pancakes.Hundreds of fresh eggs were donated byNorm Jones, Jerry Murphy (Post 291 andALYC), and Barbara Hallet (ALYC andPost 291) kept the kitchen rocking to feedthe hungry crowd of about 350(conservative guess). Several dozenvolunteers helped with the foodpreparation and set-ups. Ron, the post’sbartender and Arturo, post assistant, keptcoffee brewing in the bar, while in themain hall, Paul, the post’s handyman, keptrolling out more tables and chairs toaccommodate guests. Entertainment waalso provided.

We can’t forget the incredible See-Eye-dogs. There were about a dozenfenced outside in a holding area. SandyMasino donated the fence. The dogs,mostly golden retrievers and a few black

retrievers, had a great time frolickinginside the fenced area like pups. It gavethem a break from their usual routine aswell. Each dog later received a goodie bagfull of dog treats donated by Trader Joes,Nutro-Max and Nutro Products, Petco ofCosta Mesa, Pet Smart of Fountain Valley,and Play It Again Sports.

The Orange County Sheriff ’sDepartment assisted in parking and dockmanagement. Of course, the NewportHarbor Patrol assisted in slip control andother assistance required keeping thisevent safe and “smooth sailing.” At least45 vessels participated. Some blind guestsactually got the chance to steer the boatswith assistance from the skippers.

Lido Isla Yacht Club donated dockspace, and Lido Sailing Club donated two30-foot Catalinas and two skippers. ALYCDirector and Judge Advocate RobertGoode served as Dockmaster, assisted byPost 291 Commander and ALYC RearCommodore Dennis Lahey. Other ALYCofficers — Mike O’Kelly, Cloyce Kelly,Jim Arnett and Max Smith — helped theguests board the boats and coordinated themany dock duties. It was a difficult taskcoordinating all these boats. As some leftthe slip, other boats took their place. Itwas a boat ballet.

Of course, several other volunteersfrom Post 291, SALS, Seagals, Women’sAuxiliary, WORSA and other individualsassisted in various activities.

The sail began around 11:00 a.m. Guestswere escorted to the docks to board theboats. I sailed on a 36-foot Catalina, theOcean Watch out of Long Beach. Herskipper was Byrna Welsh, along with ownerLinda Noel crewed by Maureen and Denise.Our guests were Chelsea Starr, Pat Kaiserand her husband, Rob Kaiser, who is blind,and their son Jesse. The weather was perfect— a strong prevailing wind made the sailboth exciting and challenging.

Children & Youth Commission

Meeting the needs of the 21st CenturyBy Ann M. Pina-BrownDepartment Commission Chairman

As we move into the 21st Century, wemust modify our programs to meet

the ever-changing needs of our youthpopulation and enlist the assistance ofestablished resources to help the AmericanLegion reach a larger area of involvement,promote patriotism and good citizenshipamong our children, publicize ourexcellent programs and availableresources through our printed materials,

and support the efforts of our posts,districts and areas who strive to meet thesegoals. Posts are urged to continue to meetthe needs of their individual communitiesand must become involved andknowledgeable of the physical, mental andspiritual needs of the children and veteransthey serve.

In visiting the various areas this year,I find posts are working with schools,hospitals and community organizations,promoting good citizenship, patriotism,and leadership while providing needed

assistance. Americanism and Children &Youth programs blend to make us avaluable asset in many communities.

Our vision for the future is continuedgrowth and strength in our establishedprograms, an active and aggressiveinvolvement in those activities whichpermit us to reach out to our underservedpopulation, and the families of theveterans we are committed to serve.

Three posts have recently beenrecognized for their programs benefitingyouth:

1. Warren McKeon Post 587,Foresthills: Bicycle distribution programinvolving several communities,accomplished in the pre-Christmasseason.

2. Smyth Bolter Post 58, Sonora: Atruck pull program benefited SpecialOlympics

3. Richard O. Reed Post 777:Recognized for their walkathon for theChildren’s Miracle Network and theirongoing support of the District 25 LegionFamily.

Newport Harbor wasbusy with all types of boats,providing a formidable taskfor our skipper Myrna, but she handledthe tight spots with assurance. Then sheturned over the wheel to Jesse and later toRob. I was amazed by how comfortableRob appeared with steering the vessel,feeling the wind on his face and knowingwhen to tack. As he listened to the manysounds on the water,he gathered clues asto what was happening around him.

Upon returning to the docks, a buffetlunch was served. Tony Cappa, MikeLombardi, and the Oasis Strummersprovided entertainment. Clyde Stout, asinger who is blind, played recordedmusic earlier. Clyde has been associatedwith this event for the past several years.

Shirley Van Buskirk, President ofWORSA, presided over the event. Sheintroduced the founders, Bonnie Gibsonand Bobbie Reed. Gift give-aways wereprovided adding fun to this event. Severalcompanies donated the gifts, whichincluded Starbucks Coffee (City ofOrange) Mountain Springs Water,National Federation of the Blind, EvanManufacturing and Sunpro Industries.

Food and otherdonations wereprovided byM a r i n a sG e n e r a l ,Ingardia Bros.,Inc., HorizonSales, Fred Ilg.CJA ComproSearch, Terriand Stanbrown, JacquesFrench Bakery,Ullman Sails,A l ’ sWo o d c r a f t ,Lido Sailing

Club and numerous cash donors.Packets with colorful sunglasses were

given to all participants. A touch and feeltable provided model boats and otheritems so the blind could get a better ideaof a boat’s components and how they worktogether.

It’s not possible here to address andthank everyone who participated inmaking this event a success. But I knowall theior efforts were greatly appreciated.

As for my own experience, I can nowsay I shouldn’t be nervous about sailingever again. After all, I can see.

But then again, maybe that’s thesource of my problem when it comes tosailing. I should just close my eyes andfeel the wind.

Sail for the Blind and Visually Impaired co-founders Bonnie Gibson (LEFT) and BobbieReed (BELOW)

Contributions fo rthe nextCALIFORNIA LEGIONNAIRE must

be on the Editor’s desk no laterthan MARCH 1 to appear in the

March/April issue!


Annual services honor the heroes of Four Chaplains’ DayFour Chaplains’ Day on Sat., Feb. 3,

highlights the American Legion’sobservance of Religious Emphasis Week.Representatives of the Catholic, Protestantand Jewish faiths will participate in theservice, which marks the 58th anniversaryof the night four heroic chaplains gave uptheir life belts so that others might livewhen the troop transport USS Dorchesterwas torpedoed off the coast of Greenland..

The annual Four Chaplains’ servicecommemorates one of the most selflessand heroic events of World War II.

At 12:55 a.m. on Feb. 3, 1943, as thetroop transport Dorchester steamedtoward Europe on a black night, a Germansubmarine’s torpedoes found their mark,sending the ship to the bottom quickly.

Aboard ship, hundreds of soldiers andsailors were thrown into panic as the shipbuckled and listed. Life jackets ran outbefore all could get one, and some

lifeboats were never launched because theship listed so badly. The cold oceanpromised death to those who jumpedwithout life jackets — and even to somewho did have them. Four chaplainsresponded to the panic and handed out lifejackets until they ran out. Then thechaplains took off their own jackets andput them on four other men.

As the ship slid beneath the waves,the chaplains were seen arm in arm inprayer — a Catholic, a Jew, a Methodistand a member of the Dutch ReformedChurch. The waves washed over them andthey were not seen again.

Remembered annually are CatholicChaplain John B. Washington, RabbiAlexander D. Goode, Methodist ministerGeorge L. Fox and Dutch ReformedChurch minister Clark V. Poling.

The Department of California’s offi-cial observance of Four Chaplains’ Day

takes place onFeb. 10 in SanFrancisco. Theinter-faith servicebegins at 2 p.m.in St. Mary’s Ca-thedral at the cor-ner of Gough St.and Geary Blvd.The Rev. DavidH. Romeis will

act as Master of Ceremonies, along withJewish, Catholic and Protestant clergy-men. This Bay Area observance will markits 36th anniversary.

Some posts, districts and larger citiesalso hold their own local services, includ-ing District 6, which will hold its obser-vance ceremony on Sun., Feb. 4. Posts,districts and veterans organizations posttheir U.S. flags and colors during theseservices, and the public is always invited.

FOUR CHAPLAINS DAY INTER-FAITH SERVICESDistrict 6 Service — Sun., Feb 4, 2 p.m.North Sacramento United Methodist Church650 El Camino (at Cantalier), two blocks west of Del Paso

Department of California Service — Sat., Feb. 10, 2 p.m.St. Mary’s Cathedral, 1111 Gough Street, San FranciscoNOTE: All posts, units and districts bringing colors come tothe front door of the cathedral by 1:30 p.m. for instructions.

The four chaplains: CatholicChaplain John B. Washington,Rabbi Alexander D. Goode,Methodist minister George L.Fox and Dutch ReformedChurch minister Clark V. Poling.

POW/MIA Committee

Remember our POWs on April 9By Joe S. AquinoDepartment Committee Chairman

Every April 9, our great nation paystribute to former prisoners of war, as

well as to POWs who failed to returnhome and those still missing in action.

Former Prisoners of War RecognitionDay falls on the anniversary of theinfamous Bataan Death March of WorldWar II, when the Japanese captured over50,000 Allied troops on the Bataanpeninsula in the Philippines in 1942. Theprisoners were forced to march some 70miles from Marivales, Bataan, to SanFernando, Pampanga, to be loaded intoboxcars like sardines for transport to POWconcentration camps. Casualties includedapproximately 18,000 Americans and11,000 Filipino scouts - a component ofthe U.S. Army since 1901 - as well asmany forces of the Commonwealth of thePhilippines.

This year on April 9, District 8 willhost its annual remembrance ceremonyunder the leadership of Department POW/MIA Committee Chairman Joe S. Aquino.Chairman Aquino is currently seeking

former POWs to participate as guestspeakers. Anyone interested inparticipating may call 415-431-5694 or650-873-5272.

Chairman Aquino gave a brief historyof the Filipino veterans of WWII at theDepartment Call-In on Jan. 6-7 in Salinas.About 70,000 of these veterans are stillwaiting for their benefits, especiallyMedicare, at VA hospitals. The majorityof these surviving veterans are now over80 years old. Chairman Aquino urgedLegionnaires to support these forgottenheroes of WWII by writing legislators andencouraging them to sponsor and/orendorse remedial action by the 107thCongress.

The third Friday of September is setaside to pay annual tribute to thoseservicemembers still missing in action onPOW/MIA Recognition Day. This pastSept. 15, more than 50 former POWs werefittingly honored by the San Francisco VAMedical Center. We were honored to havePast National Commander Bruce Thiesen,interim secretary of the CaliforniaDepartment of Veterans Affairs, as ourkeynote speaker.

MIAs return home after 30 years

Editor/PDC Don Drumheller snapped these photos at Hickam AFB inHonolulu, HI, on Nov. 20, 2000, at a ceremony marking the return of theremains of 21 U.S. MIAs from Laos.


DEPARTMENT OF CALIFORNIA MEMBERSHIP REPORT

Do you have your 2001membership card?Your membership affects our voice in Congress …

By Floyd MartinDepartment Commander

With the New Year in full swing, please check and see if youhave your 2001 membership card. I’m personally asking every

one of you who haven’t renewed your membership to please do so. Inan earlier issue of California Legionnaire, we declared war onmembership decline. This cannot be done without your cooperation.Not only do I want you to renew your membership, but I also wanteach of you to sign up one new member by March 1. Ours is a greatorganization, so please support the membership challenge.

In March, a delegation from the Department of California willvisit our elected officials in Washington. Be assured that our legislatorswill be aware of our membership status. I cannot overemphasize theimportance of the showing strong membership numbers prior to thesemeetings. Let’s have our voices heard in Washington!

How can the stateHow can the stateHow can the stateHow can the stateHow can the statewith the nation’swith the nation’swith the nation’swith the nation’swith the nation’slargest veteranlargest veteranlargest veteranlargest veteranlargest veteran

population population population population population bebebebebe rank rank rank rank rankededededed4444488888th in membership?th in membership?th in membership?th in membership?th in membership?

Clip this form and carry it to use when you recruit a new member

#

District Standings as of Jan. 20, 2001

The American LegionDepartment of California

CALIFORNIA LEGIONNAIRE • January/ February 2001 11

Presented as a Supplement to CALIFORNIA LEGIONNAIRE

Letters to the Editor

La Societe des

40 Hommes et 8 Chevaux

February Items

By Wm. E. Stiles, Grande Publiciste

I have just three dates to report; this time of year activities are few, comparedwith December.

February 16 – 18Fall Cheminot, Santa Clara, San Tomas 365 as host. Quality Suites Hotel will beHQ 3100 Lakeside Drive, (800) 345-1554 $89 + tax. Full breakfast for all imroom; dinner available on Friday the 16th $5, 6-8:30 p.m.; Karaoke to follow atMission city Post 564, 2120 Walsh Avenue. Registration and meeting at the Post.

May 18San Thomas 365 to install officers at Post 564, 6:00 p.m.; dinner, 7:00 p.m.;more information later.

April 7Humboldt 1504 Wreck; details later.

Little George (Child Welfare): Being unable to attend the October Cheminot, myrepresentative, Ray, presented all the information. Pins to be ordered at theCheminot; report forms are the same, so continue as you did last year. Closingdate for reports will be June 30.

Happy New Year to all . . . see you at Santa Clara.

Korean War Medal a scam?I applied for the “Korean War Service

Medal” in August 2000. I called the “AirForce Personnel Center” on December 6,2000 to find out why I had not yet receivedthe medal. I was told that the Koreangovernment had not shipped the medals tothe center as of December 6, 2000.

Being also a member of the Korean WarVets Association, when I received mySeptember/October publication I noticed anad for the direct sale of the Korean WarService Medal offered by Pieces of HistoryCo. of Cave Creek, AZ. I called the companyand was told that the medal was readilyavailable for the purchase price of $19.95plus $5.75 shipping and handling.

My tour of duty was ’52/’53, so there isno doubt of my entitlement.

I find this deceptive activity, if true, tobe highly demeaning and it certainly takesaway from the prestige and honor of beinga recipient of this medal.

Melvin D. GoiasSan Leandro

Can’t stand that smokeI want to applaud the veterans who

wrote letters to your paper about the “badsmoke” at Legion Posts, etc.

I went to the post at Imperial Beach,California, this year and the smoke was sothick I left after having one beer. That smokeis dangerous and not all that necessary. I ama new Legionnaire but I can’t handle that

smoke as I have sinus and breathingproblems.

James F. ThatcherImperial Beach

Gallo’s humor?Your article concerning the Gallo

research center (Sept/Oct 2000) wasinteresting and appropriate.

However, Ernest Gallo, at age 90+, iswell and alive and reports to work every day.

Parker BlakeRetired Gallo employee

Amending California’s Military andVeterans Code

A law will be coming before thelegislators in California that will affect notonly the American Legion, but theAuxiliaries as well: SB 86.

This is an act to amen Section 1197 ofthe Military and Veterans Code. Existing lawrequires that the board of directors of amemorial district established to maintainveterans buildings or memorials consist offive members. The new bill would requireeach member to be a veteran. It will requirea two-thirds majority vote to pass.

“The people of the State of Californiado enact as follows:

“Section 1. Section 1197 of the Militaryand Veterans Code is amended to read:

“1197, the board shall consist of fivemembers who shall be registered electorsresiding within the district or proposed

American Legion California Golden Boys State Commission

Boys State 2001 off to an early startBy Willmar “Bill” GraichenDepartment Commission Chairman

Happy New Year from the CaliforniaGolden Boys State Commission to

all posts in the Department of California.Thanks again to our Boys State

coordinator, Tammy Manini, and the restof the department staff for their quickresponse in getting the first Boys Statemailings out to all district chairmen.

All 948 delegate spots have beenassigned to capacity. Requests foradditional delegate spots have beencoming in. Thanks for the growing interestfrom schools in new localities.

Boys State 2001 Dates to RememberMarch 20 $230 registration fees due;

“yellow cards” must be in hands of districtchairmen

April 1 District chairmen to sendyellow cards and fees to Department.Missing deadline can result in forfeitureof balance of original quotas.

May 1 All “blue cards” must be in toDepartment

June 1 Refund Requests toChairman Graichen. NOTE: should sendalternates (All Boys State chairmen,please comply in a timely manner.)

Best wishes for a most successful2001 session.

Arizona vet plans Capitol demonstration todemand medical retirement benefitsFrank Kennemur of Chino Valley, AZ,who describes himself as a “retired anddisabled Special Forces soldier,” isorganizing a demonstration for Tues., May8, at the U.S. Capitol Building inWashington DC. He hopes to attract 5,000veterans “for the purpose of petitioningthe 107th Congress to restore ourretirement medical-care benefits, whichwere stolen by Congress on June 7, 1956.”

Kennemur calls his planned protest a“muster.” He also wants Congress to

provide the Federal Employees HealthBenefit Plan to all active-duty and retiredarmed forces members and to “repeal themeans testing” for health care from theU.S. Department of Veterans Affairs.

The muster is open to all veterans andcivilians concerned with national securityand the treatment of U.S. militarypersonnel. For more information, contactFrank E. Kennemur, PO Box 2429, ChinoValley, AZ 86323; TEL 520-636-8441;EMAIL <[email protected]>.

district at the time of their election and shallbe elected by the qualified electors of thedistrict.

“Each member shall be a veteran, asdefined in Section 940.

“Members shall serve withoutcompensation, but shall be entitled to actualand necessary expenses incurred in theperformance of duties.

“Section 2.This act is an urgency statutenecessary for the immediate preservation ofthe public peace, health, or safety within themeaning of Article IV of the Constitutionand shall go into immediate effect. The factsconstituting the necessity are:

“In order to require that each memberof the board of directors of a memorialdistrict be a veteran and to bring memorialboards into conformance with otherveterans’ boards in California as soon aspossible, it is necessary that this act takeeffect immediately.”

Senator Rico Oller, who has workeddiligently with the directors of the JennyLind Veterans Memorial Board for over twoyears, is sponsoring SB 86. Senator Ollerneeds your support; please call, mail or faxthe senator’s office to tell him you supportthis bill as soon as possible.

[Sen. Rico Oller, District Office, 1200Melody Lane, Ste. 110, Roseville, CA 95678;

TEL 916-783-8232; FAX 916-783-5487.]Memorial districts all over California

are falling into disrepair. Elected officialsdo not follow the law as prescribed in theCalifornia Military and Veterans Code. Inall too many cases, veterans memorial halls,whether in districts, cities or counties, aredeteriorating from lack of maintenance.

A current example is the Veterans Hallin Lafayette. The roof is leaking, windowsare falling out, and the elected officials arenot providing the funding requested. Theyare reneging on promises made when thebuildings were erected many years ago tohonor the veterans who served in the war.

The primary purpose of the veteransmemorial halls is for veterans organizationsto meet and conduct their business. Theduties of these same organizations are toassist fellow veterans, to promote patriotismin the schools and communities where theyare located.

Without veterans’ continued efforts toeducate and guide the young people inAmerica, patriotism and our freedoms andliberties as stated in the Constitution of theUnited States, will wither and die.

Edward D. AndersonPast Commander, Post 102Kirsten AndersonPresident, Auxiliary Unit 102


January

Jan 27–28Area 5 MeetingBrawley Post 60, 509 ‘G’ Street,Brawley

Sun., Jan 28Super Bowl Party, 12 noonPrunedale Post 593, 8300Prunedale North Rd, Prunedale

February

Sun., Feb. 4FOUR CHAPLAINS DAY SERVICEDistrict 6 Service, Sacramento,2 p.m.North Sacramento UnitedMethodist Church650 El Camino (at Cantalier),two blocks west of Del Paso

Sat., Feb. 10FOUR CHAPLAINS DAY SERVICESt. Mary’s Cathedral, 1111Gough Street, San Francisco, 2p.m.36th Anniversary Services for theDepartment of California [storyon pg 13]NOTE : All posts, units anddistricts bringing colors shouldbe at the front door of thecathedral by 1:30 p.m. forinstructions.

February 10–11Area 1 MeetingLinda Post 807, 5477 FeatherRiver Blvd., Marysville

Sun., Feb. 25District 5 Meeting, 10 a.m.Coffee & Donuts at 9AMJack London Post 489, VeteransMemorial Building,127 1st StWest, SonomaContact Bud Simmons at 707-522-9350 [email protected]: only three reserved

rooms are left at the Comfort Inn atpress time.

Sun., Feb. 25Black History Day Celebration, 3 –6 p.m.Guy Wynton Morris Post 710, 2181Highland Ave., San Bernardino

March

March 1Deadline for Eagle Scout of theYear nominations

March 9–11Spring D.E.C. MeetingModesto Post 74, 1001 S. SantaCruz Ave., ModestoHQ: Holiday Inn, 1612 Sisk Rd.,ModestoSingle/double/king $69/nightAll food 1/2 price when eating inHoliday Inn’s cafe — just displayyour room keyReservations: 800-HOLIDAY or209-521-1612 by Feb. 15(otherwise rooms go at standardpublic rate of $89)

Sat., March 10DEPARTMENT ADJUTANT CHARLEST. ALLEMANN’S RETIREMENTDINNER[part of Spring DEC weekend atModesto]No-Host Cocktails 6 p.m.; Dinner7 p.m$20 advance/$25 at door; contactChuck Wendt (PO Box 578921,Modesto, CA 95357) for more info.

March 17–18Area 5 MeetingSan Bernardino Post 14, 732 NorthSierra Way, San Bernardino

March 20Boys State registration fees due

March 24–25Area 6 Meeting

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Ventura Post 339, 83 S. Palm Street,Ventura

March 30–31Region 7 Information ConferenceRiviera Hotel & Casino, Las VegasReservations: $70 + taxes (by Feb. 26) —call 800-634-6753 and ask for AmericanLegion group rate

Fri., March 30American Legion Baseball Team BenefitCrab Feed Dinner/DanceFolsom Post 362, Folsom CommunityCenter, 50 Natoma St., FolsomNo-Host Cocktails 6 p.m.; Dinner 7 p.m.;Dancing 8 p.m.–midnight Silent Auctionplus drawings for cash and prizes every 5minutes throughout the eveningTickets: $30 — call Don McPeake at 916-983-1441

Sat., March 312nd Annual LuauLakewood Post 496, 5938 Parkcrest St,Long BeachDinner 5:30 p.m.; Floor Show - 7 p.m.$15 per person (includes a fantastic dinnerand floor show by the Alohi PolynisianDance Group)For tickets or more information, contactBill Clapp, 562-421-6148 [email protected]

April

April 7–8Area 3 MeetingJohn M. Armitage Post 170, 641 WestInyokern Road, Ridgecrest

May

May 12–13Area 1 MeetingChuela Post 92, 232 Broadway, McCloud

May 16Area 4 MeetingBert S Crossland Post 170, 1109 Van NessAve., Torrance

Department of California CALENDAR

The Wall ThatRemembersThe “Moving Wall,” a 1/2-scale replica of the VietnamVeterans Memorial inWashington DC, touredthrough California this pastautumn. Many came to reflectbefore the traveling memorial,including the unidentifiedfellows at left who came to seethe exhibit at Modesto.

Evans named PRVolunteer of the Year

Perris Post 595 Adjutant and PastDepartment Vice CommanderRepresenting Women JoanneEvans was awarded the PublicRelations Volunteer of the Yearaward in December. The awardrecognizes Comrade Evans’sdevotion to promoting theprograms and ideals of theAmerican Legion. NationalCommander Ray Smith (LEFT) andDepartment Commander Floyd

M a r t i npresentedthe awardduring then a t i o n a lcommander’svisit toCalifornia.Congratulations,ComradeEvans!


ARTICLES OF INCORPORATIONOF THE AMERICAN LEGIONDEPARTMENT OF CALIFORNIA

The American Legion, Department of California, is an Asso-ciation made up of constituent Members and subordinate bodiescalled Posts, has a periodical Convention and general assem-blage of Delegates, operates on the Federation Plan, has no fixedplace for the meeting of such Convention of Delegates and de-termines the place(s), from time to time, through its rules andcustoms of holding such Conventions and in accordance withit’s present Constitution and/or Bylaws, selects Officers and anExecutive Committee, which Executive Committee transacts thebusiness of such Association, during the period between suchannual Conventions; meetings of such Executive Committee arecalled for that purpose and are presided over by the Depart-ment Commander who acts as Chair thereof and the DepartmentAdjutant who acts in the capacity of Secretary.

On the 15th day of August, 1928, at the City of Stockton, inthe State of California, the Executive Committee of said Depart-ment of California met in regular session pursuant to the callduly and regularly made by the Department Commander andthe Department Adjutant in accordance with its present Consti-tution and/or Bylaws, at which meeting there was a quorumpresent and voting in accordance with the existing Constitu-tion and/or Bylaws of said Association. It was determined bysaid assemblage by vote of the necessary number of Membersaccording to said Constitution and/or Bylaws, the American Le-gion, Department of California, is desirous of forming aCorporation under the provisions of Division 1, Part 4, Title 12,of the Civil Code of the State of California, and thereupon byresolution duly and regularly presented and passed by said as-semblage in accordance with the provisions of the Constitutionand/or Bylaws of said Association, recommended to the StateConvention of the Department of California in regular annualsession at the City of Stockton, California, on the 15th day ofAugust, 1928, which Convention was duly and regularly calledand assembled, the adoption of Articles of Incorporation andthereupon by resolution duly and regularly presented and passedby said Convention in accordance with the Constitution and/orBylaws of The American Legion, Department of California, thefollowing were adopted as Articles of Incorporation of said As-sociation.

ARTICLE I

The name of this corporation shall be THE AMERICAN LE-GION, DEPARTMENT OF CALIFORNIA.

ARTICLE IIBy the preamble to the existing Constitution of said Asso-

ciation, a declaration of principles is made which is now herebyincorporated and made a part of these Articles, as follows:

PREAMBLE TO CONSTITUTIONFor 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 perpetuatea one hundred percent Americanism; to preserve the memoriesand incidents of our associations in the Great Wars; to inculcatea sense of individual obligation to the community, state andnation; to combat the autocracy of both the classes and themasses; to make right the master of might; to promote peaceand good will on earth; to safeguard and transmit to posteritythe principles of justice, freedom and democracy; to consecrateand sanctify our comradeship by our devotion to mutual help-fulness.

ARTICLE III

The purposes for which this Corporation is formed are, gen-erally, to carry out the principles as set forth in Article II hereofand to cooperate with The American Legion, a National Corpo-ration, formed conformably to the Act of Congress of the UnitedStates of America, under date of September 16, 1919, and inpursuance to said general purposes, to create a spirit of frater-nity among its Members and the association of those who arequalified to membership in accordance with the provisions ofthe Constitution and/or Bylaws of The American Legion and forsuch purposes to buy, own, lease or otherwise acquire real andpersonal property and to sell, convey in trust, mortgage, lease,let, hire, deed, convey, hypothecate or otherwise dispose of thesame and to do and transact such business as is permitted bythe provisions of Division 1, Part 4, Title 12, of the Civil Code ofthe State of California.

ARTICLE IVThe place where the business of the Corporation is to be

transacted between the dates of the annual Convention of thisCorporation, shall be at the City of San Francisco in the State ofCalifornia, provided; however, that the Directors or ExecutiveCommittee hereinafter provided for may from time to time, ina manner to be provided for by the Bylaws change the place oftransaction of such business temporarily, but the records of thisCorporation shall be kept and maintained at said City of SanFrancisco, provided further, that the Annual Convention of TheAmerican Legion, Department of California, shall be held at suchtimes and at such places as may be determined in accordancewith the Constitution and/or Bylaws of this Corporation.

ARTICLE VThe affairs of this Corporation shall be conducted by a Board

of Directors consisting of thirty-two (32) Members, which shallbe known as the Executive Committee of The American Legion,Department of California. Said Executive Committee, until themeeting of the Convention of said Department in San Diego,California, 1929, shall comprise the following membership:

Frank N. Belgrano Jr San FranciscoRobert Gardine PlacervilleArt L. Young OaklandKenneth Premo PortervilleCharles W. Wright Santa PaulaCharles Nice BrawleyMrs. Billie Schank HollywoodJames K. Fisk BerkeleyPhil Dodson So. PasadenaJohn R. Quinn Los AngelesThomas Williams UkiahJohn H. Young DunsmuirBen V. Curler SusanvilleH. I. Doty ColusaJames Maher NapaE. G. Funke Sacramento

Thereafter the members of said Executive Committee shallbe elected in the manner and for the term prescribed by theBylaws and Constitution of The American Legion, Departmentof California.

The foregoing Members of the Executive Committee consti-tuting the Board of Directors, were duly chosen in accordancewith the Constitution and/or Bylaws at the Convention; held atStockton, California, as herein before recited in the preamblehereto. Such additional and other Officers may be provided forin the Bylaws and Constitution and shall include a DepartmentCommander who shall act as Chair of the Board of Directors orExecutive Committee, and Department Adjutant who shall actas and perform the duties of Secretary of the Board of Directorsor Executive Committee. The Bylaws and Constitution shall pre-scribe the duties of each and all of the Officers of thisCorporation and may fix their compensation.

ARTICLE VIBylaws and a Constitution may be adopted and their alter-

ation, change, or amendment provided for in the manner thereinto be set forth respectively and the Bylaws and Constitutionheretofore adopted and now in force and effect shall be andconstitute the Bylaws and Constitution of this Corporation, untilchanged or amended as therein provided.

ARTICLE VIIMembers of this Corporation shall be those now included

in the membership of The American Legion, Department of Cali-fornia and such additional and other Members as mayhere-in-after be admitted in accordance with the Constitutionand/or Bylaws of said Department of California. Voting on theaffairs of the Corporation shall be by Delegates selected in amanner provided by the Constitution and/or Bylaws.

ARTICLE VIIIThis Corporation shall exist for the period of Fifty (50) years

from the date hereof and such further time as may be deter-mined according to law.

ARTICLE IXIndividual Posts, duly chartered and existing under the Con-

stitution and/or Bylaws of the Department, may incorporate forthe purpose of better enabling them to carry on their purposesand functions; provided, that in the Articles of Incorporation,in addition to the name “American Legion” there is given thename of the said Post Corporation distinguishing it from TheAmerican Legion, Department of California, and when so incor-porated, said individual Posts may hold and own property intheir own names and carry on their corporate affairs separatelyand distinct from this Corporation; provided however that noth-ing herein shall be construed so as to permit any Post, the Charterof which may have been granted by the State Department andthereafter revoked, from continuing to function as a Post withinThe American Legion, Department of California, nor shall itsmembers be entitled to the use of the emblem or insignia orany privileges of membership in The American Legion, Depart-ment of California, or The American Legion, the NationalOrganization, unless such Member shall thereafter lawfully be-come a Member of some regularly organized and existing Postin good standing.

ARTICLE XThis Corporation shall adopt a seal the form thereof to be

prescribed by its Constitution and/or Bylaws.IN WITNESS WHEREOF, the Presiding Officer and the Adju-

tant who performs the duties of Secretary of such Associationwho were present and taking part in the meeting at which theseArticles were adopted have pursuant to direction of said Con-vention hereunto subscribed the same this 27th day ofSeptember, 1928.

Frank N. Belgrano Jr.Department Commander, Presiding Officer.

James K. FiskDepartment Adjutant, Acting Secretary.

STATE OF CALIFORNIA ss. County of Sacramento—On the 27thday of September, 1928, before me a Notary Public in and forsaid County and State, personally appeared Frank N. Belgrano,

Jr. and James K. Fisk, known to me to be the persons who ex-ecuted the within and foregoing instrument and acknowledgedto me that they executed the same.

Amy B. Warner, Notary Public in and for said County andState. STATE OF CALIFORNIA ss. County of Sacramento[SEAL].

Frank N. Belgrano, Jr. and James K. Fisk, being first dulysworn upon their oaths each for himself and not one for theother, both depose and say:

That he subscribed and acknowledged the foregoing Articlesof Incorporation, by authority of The American Legion, Depart-ment of California.

The said Articles of Incorporation were duly adopted at a regu-lar Convention of Delegates duly and regularly elected of theDepartment of California, held in Stockton, California, on the 15thday of August, 1928. That said Convention of Delegates is the leg-islative body of The American Legion, Department of Californiaand that the proceedings had at said meeting were in accordancewith the Bylaws and Constitution of said Department and thatthe statements contained in the foregoing Articles and in thePreamble thereto are true to the best of their knowledge, infor-mation, and belief.

Subscribed and sworn to before me, AMY B. WARNER, a No-tary Public in and for the County of Sacramento, State ofCalifornia this 27th day of September, 1928. [SEAL] AMY B.WARNER Notary Public in and for the Said County and StateState OF CALIFORNIA DEPARTMENT OF STATE My commissionexpires August 28, 1932.

I, FRANK C. JORDAN, Secretary of State of the State of Cali-fornia, do hereby certify that I have carefully compared thetranscript, to which this certificate is attached, with the recordon file in my office of which it purports to be a copy, and thatthe same is full, true and correct copy thereof. I further certifythis authentication is in due form and by the proper Officer.

IN WITNESS WHEREOF, I have hereunto set [SEAL] myhand and have caused the Great Seal of the State of Californiato be affixed hereto this 27th day of September, A. D. 1928FRANK C. JORDAN Secretary of State By FRANK H. CORY, Deputy.

PREAMBLEFor God and Country, we associate ourselves together for

the following purposes: To uphold and defend the Constitutionof the United States of America; to maintain law and order; tofoster and perpetuate a one hundred per cent Americanism; topreserve the memories and incidents of our associations in theGreat Wars; to inculcate a sense of individual obligation to thecommunity, state, and nation; to combat the autocracy of boththe classes and the masses; to make right the master of might;to promote peace and goodwill on earth; to safeguard and trans-mit to posterity the principles of justice, freedom and democracy;to consecrate and sanctify our comradeship by our devotion tomutual helpfulness.

BY-LAWS OF THE AMERICAN LEGIONDEPARTMENT OF CALIFORNIA

ARTICLE I

HeadquartersPermanent headquarters of The American Legion, Depart-

ment of California, shall be at San Francisco, California or suchcity as designated by the Annual Convention of the Departmentor the Department Executive Committee.

ARTICLE IINatureSection 1. The American Legion is a civilian organization;

membership therein does not affect nor increase liability formilitary or police service. Rank does not exist in The AmericanLegion; no Member shall be addressed by his/her military titlein any Convention or meeting of The American Legion.

Section 2. The American Legion shall be absolutely nonpo-litical and shall not be used for the dissemination of partisanprinciples nor for the promotion of the candidacy of any personseeking public office or preferment.

Section 3. Each Member shall perform his/her full duty as acitizen.

ARTICLE IIIEligibilitySection 1. The eligibility for membership in The American

Legion shall be those dates and conditions set forth in ArticleIV, Section 1, of the National Constitution of The American Le-gion as amended.

Section 2. There shall be no form or class of membershipexcept an active membership, and dues shall be paid annuallyor for life.

Section 3. No person may be a Member at any time of morethan one Post.

Section 4. All candidates for membership into The Ameri-can Legion shall be voted upon by the membership of the Postat a regular meeting. A majority vote of those present and vot-ing shall elect or reject a candidate.

Section 5. No person who has been expelled by a Post, shallbe admitted to membership in another Post, without the con-sent of the expelling Post, except that where such consent hasbeen asked for and denied by such Post, he/she may then ap-peal to the Department Executive Committee for permission tobe admitted to membership in another Post, and shall be ineli-gible for membership until such permission is granted.

Section 6. That no Member of The American Legion in goodstanding, shall be excluded or denied membership because ofrace, creed, or color in any group affiliated with The AmericanLegion that used the prestige, name, or emblem of The Ameri-can Legion.

ARTICLE IVOfficersSection 1. The elected Officers of this organization shall be

the Commander, seven (7) Vice Commanders and Sergeant-at-

Arms. The appointed Officers shall be the Adjutant, Judge Ad-vocate, Chaplain, Historian, and Service Officer. Six (6) of theVice Commanders to represent the six (6) Areas of the Depart-ment, as set forth in Article VII, no two (2) from the same area,and the seventh (7th) Vice Commander will be elected at largefrom the whole Department to represent the Women Membersof the Department.

Section 2. DEPARTMENT COMMANDERThe Department Commander shall be the executive head of

The American Legion, Department of California, with full powerto enforce the provisions of the Department Bylaws and the man-dates of the Department Convention. He/she shall be the Chairof the Department Convention and the Department ExecutiveCommittee, and shall perform such other duties as are usuallyincident to the office. All orders for travel and the necessaryexpenses therewith connected shall bear the signature of theDepartment Commander.

Section 3. DEPARTMENT VICE-COMMANDERSThe Department Vice-Commanders shall act as representa-

tives of the Department Commander on all matters referred tothem by him/her, and shall on his/her request preside over themeetings of the Department Convention or Department Execu-tive Committee and perform such duties as are usually incidentto the office. Each Department Vice-Commander may appointan Adjutant, Chaplain, Sergeant-at-Arms and such other assis-tants as may be deemed necessary to assist in the performanceof his/her duties.

The Department Vice-Commanders shall at all times be avail-able for conference with the District Commanders of the Districtsof their respective Areas, and shall lend assistance for coordina-tion of their work of The American Legion in their respectiveAreas.

The seventh (7th) Vice-Commander shall represent theWomen Members of the Department and shall be especially del-egated to look after the welfare of the Women Members,furthering resolutions passed at the Department Convention orby the Department Executive Committee pertaining to the wel-fare of women veterans and keeping the record ofcorrespondence relating to resolutions and legislation pertain-ing to women veterans which shall be turned over to thesuccessor for completion of any unfinished business, all suchactivities being subject to the control and direction of the De-partment Commander.

Section 4. DEPARTMENT ADJUTANTThe Department Adjutant shall be charged with the admin-

istration of the policies and mandates of the DepartmentConvention, the Department Executive Committee and of theDepartment Commander. The Adjutant shall perform such otherduties as are usually incident to the office. He/she shall keep arecord of all meetings of the Department Convention and ofthe Executive Committee, and of the Advisory Council, and pre-pare the same for permanent record in a book for that purpose,and shall at each regular meeting at the direction of the Depart-ment Commander read the minutes of the previous meeting,and make such corrections as may be allowed. The Adjutant shallunder direction of the Department Commander, cause notice tobe given of all meetings. He/she shall further keep a record ofall Posts in the State, and shall obtain from such local Posts acomplete record of the personnel of such Posts. The Adjutantshall receive from the local Posts, all annual per capita tax andassessments that may be levied upon such Posts, and shall keepa record of all receipts of such money, and shall record in a bookkept for that purpose, the amount of such expenditure and thepurpose for which used and shall execute a voucher for the same.Subject to the direction and control of the Department Com-mander, the Adjutant shall have general charge of all paidpersonnel of the Department. The Adjutant shall also be autho-rized in the event of the death or resignation of the DepartmentCommander to summon the Department Executive Committeefor the election of his/her successor.

The Adjutant shall further render to the members of theDepartment Executive Committee such reports as may be pre-scribed by the Committee, and shall at all times keep all recordbooks in readiness for the auditing of his/her accounts.

Prior to his/her assuming the duties as such Officer, the De-partment Adjutant shall first execute and deliver to theDepartment Executive Committee for their approval and accep-tance, a surety bond in the penal sum of at least one hundredthousand dollars ($100,000) payable to: The American Legion,Department of California, for the faithful performance of his/her duties as such Officer, the premium of the bond to be paidout of the treasury of the Department.

Section 5. DEPARTMENT JUDGE ADVOCATEThe Department Judge Advocate shall advise the Department

Officers and the Department Executive Committee on all legalmatters, including the construction and interpretation of theDepartment Bylaws and the National Constitution and Bylaws.

The Judge Advocate shall be responsible for reviewing thelegalities of all Department contracts, including those of Com-missions and Committees, prior to their being signed and shallperform such other duties as are usually incident to the office.

Section 6. DEPARTMENT HISTORIANThe Department Historian shall collect from year to year all

records and data of value and interest for the Department Head-quarters of The American Legion, and shall compile during theirterm of office, a complete history of the year’s activities.

The Historian shall also assist District and Post Historiansso as to coordinate and unify the work of these Officials, andshall have such other duties as the Department Executive Com-mittee shall prescribe.

Section 7. CHAPLAIN and SERGEANT-AT-ARMSThe duties of the Chaplain and Sergeant-at-Arms shall be

such as are usually prescribed for such Officers at the Depart-ment Convention and at the Executive Committee meeting.

Section 8. SERVICE OFFICERThe Department Service Officer shall be responsible for su-

pervising the operation and staffs of the Department ServiceOffices in San Francisco, Oakland, Los Angeles and San Diego,and such other cities as may be designated and to perform suchadditional duties as are assigned.

William D. Finn San FranciscoAllison E. Schofield San FranciscoD. W. Pierson HaywardThomas M. Robinson BerkeleyE. F. Graffigna LodiFred L. Adams ModestoHerbert Sutton HollisterC. D. Willis LemooreClarence McCormick DinubaWilliam S. Main GoletaVan Hogan Los AngelesRalph W. Stewart Sierra MadreC. C. McGonegal BellWright Hubbard OwensmouthH. J. Caldwell OntarioCarl A. Jacobson Brawley

The American LegionDepartment of California By-Laws

as revised Jan 2001


Section 11. The District Council may provide in its Consti-tution and/or Bylaws that in the event that any District Officershall be absent for two (2) consecutive meetings of the DistrictCouncil without being excused by the Commander, the officewhich such District Officer occupies may be declared vacant bya majority vote at a regular District meeting of the Delegatespresent and voting after written notice to all the Posts that suchvote will be taken and the vacancy so created shall be filled inaccordance with the provisions of Article IX, Section 22, of theseBylaws.

Section 12. Each District Council in its Constitution and/orBylaws shall provide for the filling of any vacancy in an electiveoffice.

Section 13. This Article shall in no manner affect CountyCouncils now existing or hereafter organized except where Dis-trict and County are identical, in which case the County Councilshall be superseded in authority by the District Council.

Section 14. Every District in the Department shall upon therequest of the Department Constitution and By-Laws Commis-sion within ninety (90) days after the National Convention hasadjourned, submit to the Department Constitution and BylawsCommission, its Constitution and/or Bylaws, as the case maybe, and must make such revisions as are required by the Consti-tution and/or Bylaws of The American Legion, or The AmericanLegion, Department of California. The Department Constitutionand Bylaws Commission may permit each District to certify tothe Department Adjutant that it has an existing Constitutionand/or Bylaws that have been approved by the Department Con-stitution and Bylaws Commission and that the same have beenamended to conform to all changes made necessary by thechanges in the Constitution and/or Bylaws of the American Le-gion, or The American Legion, Department of California.

ARTICLE VIIAreasThere shall be six (6) Areas within the Department of Cali-

fornia composed of the Districts as set forth herein:AREA ONE - To consist of Districts Nos. 1, 2, 3, 4, 5, 6, 31,

comprising the Counties of Del Norte, Siskiyou, Modoc,Humboldt, Trinity, Shasta, Lassen, Tehama, Plumas, Mendocino,Glenn, Butte, Sierra, Lake, Colusa, Sutter, Yuba, Nevada, Placer,El Dorado, Sonoma, Napa, Yolo, Marin, Solano, and Sacramento.

AREA TWO - To consist of Districts Nos. 8, 9, 10, 13, 26, and28, comprising the Counties of San Francisco, Alameda, ContraCosta, San Mateo, Santa Clara, Santa Cruz, Monterey and SanBenito.

AREA THREE - To consist of Districts Nos. 11, 12, 14, 15, and27, comprising the Counties of San Joaquin, Calaveras, Amador,Alpine, Stanislaus, Tuolumne, Merced, Mariposa, Mono, Madera,Fresno, Kings, Tulare, Inyo and Kern, and a portion of Santa Bar-bara.

AREA FOUR - To consist of Districts Nos. 17, 19 and 23, be-ing in the County of Los Angeles.

AREA FIVE - To consist of Districts Nos. 21, 22, 25, 29 and30, comprising the Counties of San Bernardino, Orange, River-side, San Diego and Imperial.

AREA SIX - To consist of Districts Nos. 16, 18, 20 and 24,comprising the Counties of Ventura, San Luis Obispo, and por-tions of Santa Barbara and Los Angeles Counties.

ARTICLE VIIICounty CouncilsSection 1. Upon the request in writing to the Department

Commander of at least two-thirds (2/3) of the Posts in the Countyor Counties, representing at least two-thirds (2/3) of the paid upMembers in the County or Counties, a County Council shall beorganized. Membership in which shall be mandatory upon allPosts in the County or Counties.

Section 2. Within fifteen (15) days after receipt of such writ-ten request the Department Commander or his/her designatedrepresentative shall call a meeting of representatives of all Postsin such County or Counties to effect the organization of theCounty Council. Written notice of the meeting shall be given toall Posts thirty (30) days before the day set for the meeting. Rep-resentation of each Post at this meeting shall be determined onthe same basis as its representation in the last Department Con-vention.

Section 3. The County Council shall have such powers asmay be delegated to it by the Posts comprising it.

Section 4. The County Council shall have the authority tofile charges against any member Post in accordance with theprovisions of the Trial Manual of this Department as adoptedand as the same may be amended from time to time.

Section 5. The County Council shall have no powers notspecifically herein granted, except such as may be contained inits Constitution and/or Bylaws, which it is hereby specificallyauthorized to prepare, approve and submit to the Posts withinthe County, and which shall become binding and effective uponratification by two-thirds (2/3) of the Posts and membership insuch County Council.

Section 6. At any time upon the request in writing of two-thirds (2/3) of the Posts in the County or Counties, representingat least two-thirds (2/3) of the paid Members in such County orCounties, the Department Commander shall dissolve the CountyCouncil of that County or Counties, and all debts and financialobligations of the Council remaining unsatisfied, at the time ofthe dissolution shall be debts of each Post in the County or Coun-ties in proportion to each Post’s membership and the net assetsof the County Council, if any, shall be distributed among themember Posts in like proportion.

Section 7. No Constitution and/or Bylaws or any amend-ments thereto shall be in conflict with the adopted policy or theConstitution and/or Bylaws of The American Legion or TheAmerican Legion, Department of California.

Section 8. In each County Council there shall be such Del-egates as may be selected from each Post to represent that Postin the County Council, the number to be determined by therespective County Councils.

ARTICLE IXAdministrationSection 1. The legislative and appropriate body of the orga-

ARTICLE VOrganization - PostSection 1. The local unit shall be termed the “Post”, which

must have a minimum of fifteen (15), ten (10) of whom mustnot be Members of The American Legion at the time of signingthe application for the Charter, and five (5) of which may be, atthe time of the signing of the application for the Charter, Mem-bers of The American Legion, provided, however, that eachperson signing the application for the Charter who is at the timeof the signing of the application a Member of The AmericanLegion, shall at the time they sign, affix to the application astatement from the Post of which he/she is then a Member per-mitting them to sign such application, which said statement shallfurther provide that upon the acceptance of the application fora Charter, and the issuance of the temporary Charter to the newPost the said person is automatically transferred from the Postof which he/she is then a Member to the new Post. Such trans-fer, however, being subject to any other regulations or rulesconcerning transfer of Members. A group desiring a Charter shallapply to the Department of California upon prescribed forms.After receiving approval of the District as provided in Section 9of Article VI, a temporary Charter may be issued to a Post beforea permanent Charter is issued. During the time that the tempo-rary Charter is in effect and prior to issuance of a permanentCharter, the Department Executive Committee may revoke thetemporary Charter and upon such revocation of the temporaryCharter no permanent Charter shall ever be issued to such Post.

No Post shall be named after any living person. The Depart-ment Executive Committee is hereby empowered to refuse aCharter to any Post having a name, which may in the opinion ofsaid Committee, be derogatory to the best interests of The Ameri-can Legion and no existing Post shall hereafter adopt a new namewithout obtaining the approval of said Committee.

Each Post shall meet at least once each month during noless than ten (10) months of each year, and a quorum shall befixed at not less than five (5) members.

No special meeting shall be held by a Post unless notice bemailed to each member at least five (5) days prior to the time ofholding the meeting, giving the time and place of the meetingand the matter to be considered.

Section 2. The Officers of the local Post shall include thefollowing: Commander, First Vice-Commander, Second Vice-Commander, Adjutant, Finance Officer, Chaplain, Historian,Judge Advocate, Service Officer, and Sergeant-at-Arms. The Postmay also have a Third Vice-Commander, an Assistant Adjutant,and an Assistant Sergeant-at-Arms. At least the Commander andVice-Commanders shall be elected Officers and may not holdany of the other above offices in the Post; but, any other Officermay hold two (2) or more of the above offices.

Section 3. The office of Finance Officer and any other of-fices and/or positions charged by the Post Constitution and/orBylaws, with the responsibility of handling Post funds shall bebonded under a blanket bond to be purchased from DepartmentHeadquarters and billed to the respective Posts at cost.

Section 4. All Post Officers shall be elected for one (1) year,at a regular meeting during either April, May or June and shallbe impressively installed preferably by a ritual team, in accor-dance with the prevailing National Manual of Ceremonies, priorto the first (1st) day of September of that year. Any and all ap-pointed Officers shall have a term of not to exceed one (1) yearin office, and elective Committee Members shall have a termnot to exceed three (3) years.

Section 5. Nomination for Post elective positions shall bemade at regular meetings only, notice of which shall be given atthe previous regular meeting. The Post may require that writtennotice of the nomination meeting shall be sent to each Memberat least five (5) days prior to nomination meeting. All electionsshall be by written secret ballot and a majority of all votes castshall be required for the election of the Commander and Vice-Commanders. The other elective Officers and the ExecutiveCommittee of the Post, if any, may be elected by a plurality voteas the Post may determine.

Section 6. The Post may provide in its Constitution and/orBylaws that in the event that any Post Officer or Member of thePost Executive Committee shall be absent for three (3) consecu-tive meetings of the Post or of the Executive Committee, withoutbeing excused by the Post, Commander or Executive Commit-tee, such office may be declared vacant by a majority vote ofthose present and voting at a regular Post meeting held after awritten notice to all Members that such vote will be taken. Thevacancy so created shall be filled by election or appointment asthe same was originally filled.

Section 7. Each Post in its Constitution and/or Bylaws shallprovide for the filling of any vacancy in any elective office.

Section 8. Each Post shall pay annually to the Departmentof California, the bill for the bond of its Officers and such percapita tax as will be levied by each Department Convention, pluswhatever National per capita tax the National Organization mayhave levied. Posts will pay the State and National per capita taxin full for the year out of the first (1st) money received from itsMembers on or before the tenth (10th) of the month followingits receipt.

Section 9. Each Post shall keep books of account, and shallcause said books to be examined by a licensed accountant or acommittee of three (3) competent persons, none of whom shallbe the Commander, Adjutant, Finance Office or any other per-son charged with the responsibility of handling Post funds. Suchexamination shall be made within ninety (90) days followinginstallation of Post Officers, and for the period of the immedi-ate preceding fiscal year of the Post. Said fiscal year shall bedetermined by the Post. Each Post shall certify to the Depart-ment Adjutant prior to December First (1st) each year that suchan examination has been made and file the original thereof withthe Department Adjutant before the said date, with a copythereof to the District Commander of the District of said Post.The Department Commander, the Post Commander, or the PostExecutive Committee, may order an audit of the books of ac-count at such other times during the current year as may bedeemed advisable. Failure of the Post to meet any of the require-ments of this section within said times or any general or specialextension thereof shall be deemed a delinquency and the Del-

egates of such Post shall not be entitled to be accredited at theDepartment Convention. The certification to the Department Ad-jutant and the examination may be put on forms furnished bythe Department Adjutant’s office.

Section 10. The “California Legionnaire” shall be the officialpublication of the Department of California and shall be sent toeach Member of the Department without additional cost to suchMember.

Section 11. No transfer can be made unless applicant haspaid National and Department per capita tax for current yearand the Post dues for the current period. No charges shall bemade to applicant for the transfer. No dues shall be transferredwith the applicant. Posts accepting the applicant shall give creditfor dues already paid and applicant must pay the difference inPost dues if a different rate exists.

Section 12. Posts shall be prohibited from canceling Nationalor Department per capita tax on membership paid to the Depart-ment.

Section 13. The Department Constitution and Bylaws Com-mission shall approve a model Constitution and/or Bylaws forPosts, which shall be adopted, or modified and adopted by therespective Posts. No modifications or subsequent amendmentsshall be inconsistent in any particular, with the Constitution and/or Bylaws of The American Legion and of The American Legion,Department of California. Proposed amendments must be sub-mitted in writing at a regular meeting of the Post and read thereat.At the next regular meeting, or if postponed, at a subsequentregular meeting, the proposed amendment may be adopted by atwo-thirds (2/3) affirmative vote of those present and voting. ThePost may also require that no amendment be adopted unlessnotice be mailed to each Member, giving notice that an amend-ment will be presented for adoption and stating the time andplace of the meeting. Time for the giving of such notice shall bedetermined by the Post, but in no event shall such time be lessthan five (5) days. Provided, however, that after the adjourn-ment of any National or Department Convention the Constitutionand/or Bylaws of each Post shall stand amended to comply withall amendments, if any, adopted by either of said Conventions.Failure of the Post to so amend its Constitution and/or Bylawsshall not delay or modify the effect of such mandatory changes.

Section 14. Each Post shall, prior to receiving a permanentCharter, adopt Constitution and/or Bylaws, and submit the sameto the Department Constitution and Bylaws Commission, andany Post which shall not adopt a Constitution and/or Bylaws andsubmit the same to the Department Constitution and BylawsCommission within ninety (90) days after the granting of its tem-porary Charter shall automatically forfeit the same. No suchConstitution and/or Bylaws shall conflict with the adopted policyor the Constitution and/or Bylaws of The American Legion orThe American Legion, Department of California.

Section 15. All amendments to Post Constitution and/or By-laws hereafter adopted shall likewise be submitted to theDepartment Constitution and Bylaws Commission. No originalConstitution and/or Bylaws amendment thereto shall be in finalforce and effect until approved by the Department Constitutionand Bylaws Commission but shall be temporarily enforced pend-ing action thereon if not in conflict with the adopted policy orthe Constitution and/or Bylaws of The American Legion or TheAmerican Legion, Department of California.

Section 16. Every Post in the Department shall upon requestof the Department Constitution and Bylaws Commission withinninety (90) days after the National Convention has adjourned,submit to the Department Constitution and Bylaws Commissionits Constitution and/or Bylaws, as the case may be, and mustmake such revisions as are required by the Constitution and By-laws of The American Legion, or the Bylaws of The AmericanLegion, Department of California.

The Department Constitution and Bylaws Commission maypermit each Post to certify to the Department Adjutant that ithas an existing Constitution and/or Bylaws that have been ap-proved by the Department Constitution and Bylaws Commissionand that the same have been amended to conform to all changesin the adopted policy or the Constitution and/or Bylaws of TheAmerican Legion or The American Legion, Department of Cali-fornia.

Section 17. The Department Constitution and Bylaws Com-mission annually at the meeting of the Department ExecutiveCommittee immediately preceding the Department Conventionshall report to the Department Executive Committee the list ofPosts which have failed to comply with the provisions of Section16, Article V, of the Department Bylaws, and the Department Ad-jutant from such report shall notify the Convention CredentialsCommittee that the Delegates of the Post so listed are not en-titled to be accredited with the Department Convention untileach such Post shall have complied with the provisions of saidsection.

Section 18. Any person, group, organization, body or corpo-ration which used as any part of its name, the name of a Post ofThe American Legion, Department of California, and/or holds,retains, owns or controls all or any part of the physical assets,properties or facilities of such Post shall as a prerequisite to theuse of such name require that the governing body of such per-son, group, organization, body or corporation be elected by themembership of the Post involved, and that not less than one-third (1/3) of such governing body shall be elected in each Legionyear.

ARTICLE VIDistrictsSection 1. The following Districts are hereby created: Dis-

trict No. 1: Del Norte, Humboldt and Mendocino Counties.District No. 2: Siskiyou, Trinity and Shasta Counties. DistrictNo. 3: Modoc, Lassen, Sierra and Plumas Counties. District No.4: Yuba, Sutter, Colusa, Tehama, Butte and Glenn Counties.District No. 5: Lake, Sonoma, Marin, Napa and Solano Coun-ties. District No. 6: Sacramento and Yolo Counties. District No.8: San Francisco County. District No. 9: Contra Costa County.District No. 10: Alameda County. District No. 11: San Joaquin,Calaveras, Amador and Alpine Counties. District No. 12: Stani-slaus, Merced, Mariposa and Tuolumne Counties, and thatportion of Madera County lying north of the Fresno River, ex-cept that portion within the city limits of the City of

Madera that lies North of the Fresno River. District No. 13: SantaClara County. District No. 14: Fresno and King Counties, andthat portion of Madera County lying South of the Fresno River,and that portion within the city limits of Madera that lies Southof the Fresno River. District No. 15: Tulare County and thatportion of Kern County lying North and West of the TehachapiDivide, and that portion of Santa Barbara County known asCuyama Valley. District No. 16: Ventura and San Luis ObispoCounties in their entirety, and Santa Barbara County, except thatportion of Santa Barbara County known as Cuyama Valley. Dis-trict No. 17: Los Angeles County. District No. 18: Los AngelesCounty. District No. 19: Los Angeles County. District No. 20:Los Angeles County. District No. 21: Riverside County. DistrictNo. 22: San Diego County. District No. 23: Los Angeles County.District No. 24: Los Angeles County. District No. 25: San Ber-nardino County. District No. 26: San Mateo County. DistrictNo. 27: Mono and Inyo Counties, and that portion of KernCounty lying East of the Tehachapi Divide. District No. 28: SantaCruz, San Benito and Monterey Counties. District No. 29: Or-ange County. District No. 30: Imperial County. District No. 31:El Dorado, Nevada and Placer Counties.

In any District for which there are no District Officers electedfor the District as herein above comprised the Department Com-mander shall call an election to be presided over by such personas he/she may designate, at which election each Post in suchDistrict shall cast the same number of votes as it had at theprevious Department Convention.

Section 2. The District Officers of each District shall be asfollows: Commander, First Vice-Commander, Second Vice-Com-mander, Adjutant, Finance Officer, Judge Advocate, Chaplain,Sergeant-at-Arms, and Service Officer. Each District may have aThird Vice-Commander. The Commander shall appoint the fol-lowing: Adjutant, Finance Officer, Judge Advocate, Chaplain,Sergeant-at-Arms, Service Officer, and other Officers as the Dis-trict Constitution and/or Bylaws may provide.

DISTRICT COMMANDERSSection 3. The District Commander is the official represen-

tative of the Department Commander and of the DepartmentVice-Commander in which his/her District is located, and is theExecutive Officer of the District.

It is the duty of the District Commander to at all times co-operate with the Officers of the Posts and the County Councilin his/her District.

Each Post in the District at the request of the District Com-mander shall give satisfactory evidence that they maintain booksof account.

Each Post in the District shall officially invite the DistrictCommander to visit the Post at least once a year.

The District Commander shall lend their best efforts tostimulate Legion growth; to investigate all applications for newPost Charters and report to the District meeting at which theapplication of said Post is to be considered, the result of his/herinvestigation and recommendation thereon; to recommend therevocation of the Charter of a Post for good and sufficient rea-sons; to encourage the amalgamation of weak Posts into a strongand representative Post, and to promote inter-Post activities andrelations; to promote a spirit of cooperation among the Posts inhis/her District for the development of the principles of TheAmerican Legion.

DUTIES OF DISTRICT VICE-COMMANDERSSection 4. The District Vice-Commanders shall, in order of

their rank, perform the duties of and have the powers of theDistrict Commander when the latter Officer is unable to act orin the event of the removal, resignation or death of the DistrictCommander. It shall be the duty of each District Vice-Com-mander to at all times cooperate with the District Commanderand assist him/her in the performance of their duties.

DISTRICT COUNCILSSection 5. In each District there shall be a District Council

composed of the District Commander, First Vice-Commanderand Second Vice-Commander and such Delegates as may be se-lected from each Post, the number to be determined by therespective Districts, provided, however, that at the annual meet-ing as fixed by Article IX, Section 15, of the Department Bylaws,each Post shall be represented by the Delegates accredited tothe next following Department Convention.

Section 6. Delegates of the Posts to the District Councils oftheir respective Districts shall be elected or appointed as pre-scribed by the Constitution and/or Bylaws of their respectiveDistricts and shall serve for the term of one (1) year. The re-spective Posts shall fill vacancies in their delegation representingthe Post at the District Council Meeting in the same manner asDelegates are selected.

Section 7. Each District will have reserved thereto the rightto formulate its rules of procedure with regard to matters con-cerning the respective Districts or dealing with representation,assessments or rules concerning voting in such Districts.

Section 8. In addition to the Annual Meeting prescribed inArticle IX, Section 15, of the Department Bylaws, the Councilshall hold such regular or special meetings as may be deemednecessary.

No special meeting shall be held unless notice be mailed toeach Post and its Delegates at least ten (10) days prior to thetime of the holding of the meeting, giving the time and place ofthe meeting and the matter to be considered.

Section 9. Before a Charter is granted to a new Post saidproposed Post must receive the approval of a majority of theDelegates present and voting at a regular District Meeting, pro-vided, however, that the Department Executive Committee shallhave the right to review, pass upon, accept or reject any applica-tion for a Post within the Department, regardless of the actiontaken by the District. The District Commander must certify tothe Department Executive Committee the action taken by theDistrict on the application of the proposed Post.

Section 10. Each District Council shall adopt a Constitutionand/or Bylaws for the government of the business of the Dis-trict but no such Constitution and/or Bylaws shall conflict withthe adopted policy or the Constitution and/or Bylaws of TheAmerican Legion or The American Legion, Department of Cali-fornia.

DEPARTMENT BY-LAWS 2001 • page 2 of 4


nization shall be a Department Convention which shall be heldannually. The time and place of such Convention shall be fixedby a vote of a preceding Convention, but may not grant any datebeyond seven (7) years. In the event that a preceding Conven-tion has not fixed a time and place for the holding of the nextConvention, it shall be fixed by the Department Executive Com-mittee at least one hundred and twenty (120) days prior to thedate for which the Convention shall be called.

Section 2. The annual Convention [limited to a period offour (4) consecutive days, of which one (1) day shall be a Sun-day, the last two (2) of which shall be restricted to Legionbusiness only] shall be composed of Delegates and Alternatesfor each Post, each Post being entitled to two (2) Delegates andtwo (2) Alternates, and one (1) additional Delegate and one (1)additional Alternate for each fifty (50) Members or major frac-tion thereof paid up forty five (45) days prior to the date of theopening of the Department Convention. The vote of each Postregistering at the Convention shall be equal to the total numberof Delegates to which the Post is entitled.

Section 3. Each Post in the Department shall, at least twenty(20) days prior to the opening of the Annual Department Con-vention, elect Delegates and Alternates to such Convention, andshall certify such election to the Department Adjutant at leastfifteen (15) days prior to the opening of the Convention. Saidcertification shall be sent to Department Headquarters, and mustbe authenticated by the Post Commander and Post Adjutant.However, in case of failure to comply with the above, or in theevent of a conflict as to the legality of such elected Delegates,the Committee on Convention Credentials shall have the au-thority to accredit such Delegates as can establish their electionas Delegates and Alternates to the Convention.

No Delegate or Alternate from any Post shall be accreditedin the Department Convention unless all obligations to the De-partment existing thirty (30) days prior to the DepartmentConvention shall have been paid or satisfied and the Constitu-tion and/or Bylaws of the Post for which the Delegate or Alternatehas been elected shall have been approved by the DepartmentConstitution and Bylaws Commission prior to the convening ofthe Convention. Section 4. The Convention registration fee shallbe ten dollars ($10.00) for each Delegate to which the Post isentitled. The Adjutant shall bill each Post at the time the Post isnotified of the number of Delegates to which it is entitled. Saidsum shall be paid before the opening date of the Convention,and no Delegate shall be accredited if said sum has not beenpaid. Three dollars ($3.00) of said sum shall be made availableto the Convention City Corporation or such organizations as maybe charged with the management of the Convention upon thecondition that any surplus remaining after all expenses havebeen paid shall be paid into the Department to be held in afund to be used for subsequent Conventions to defray the ex-pense thereof.

Section 5. All Past Department Commanders, Past Depart-ment Adjutants, Members of the Department ExecutiveCommittee and all incumbent Officers, except the DepartmentAdjutant, who attend and register as such, shall be Delegates tothe Department Convention with voice and vote. Conventionregistration fee for such Delegate shall be waived by the Depart-ment.

Section 6. All Chairs of the Department Standing Commis-sions, if not elected as Delegates shall be Delegates of theDepartment Convention, but with no right to vote.

Section 7. A quorum at a Department Convention shall con-sist of a majority of the Posts partially or fully represented byduly elected Delegates or Alternates.

No Post shall be represented at the Department Conventionby proxy.

Section 8. Standing Committees of each Convention shallbe the following: Aeronautics and Aerospace; Agriculture, En-ergy and Natural Resources; Amateur Radio; Americanism;American Legion Baseball; Boys State; Children and Youth; Com-munity Service; Constitution and By-Laws; Convention City;Counter-Subversive Activities; Credentials; Disaster and Emer-gency Services; Finance; Foreign Relations and National Security;Housing; Law and Order; Leadership; Legislative; Membership;Naturalization; Oratorical Contests; Organization and Rules; Pub-lic Relations; Publishing; Resolutions; Resolution Assignment;Ritual; Scouting; Sons of The American Legion; Valley Forge; Vet-erans Affairs and Rehabilitation; Veterans Employment; Waysand Means; and such other committees as the Convention orthe Executive Committee shall deem fit.

The Credentials, Organization and Rules, and Resolution As-signment Committees, in order that the work of the Conventionbe expedited, shall be appointed by the Department Commanderin such number as he/she may deem advisable, from among suchDelegates as will be present in the city of the Convention priorto its convening.

Each Committee, except Credentials, Organization and Rulesand Resolution assignment, shall be composed of one (1) Del-egate from each District in the Department, the Member beingchosen by the Delegates from such District. In addition, the Chairand two (2) Members designated by him/her of each correspond-ing Department Standing Commission shall be ex officioMembers of such Convention Committees.

It is mandatory for all Convention Standing Committees,except Credentials, Organization and Rules, and Resolution As-signment, to organize and function on the first (1st) day of theConvention no later than 3:00 P.M.

All resolutions shall first be presented to the Resolution As-signment Committee, which said committee shall classify andassign such resolutions to the several appropriate committeeswithout recommendation.

After such resolutions shall have been so classified they shallbe returned to the Department Adjutant who shall retain themin his/her possession until called for and received by the Chairof the respective Standing Committee of the Convention towhich such resolution shall have been assigned.

Section 9. No Department citation shall be given to anyindividual or organization without prior approval of Delegatesin Convention assembled, or in the event of an emergency, andnot previously refused by the Delegates in Convention as-

sembled, by approval of two-thirds (2/3) of the Department Ex-ecutive Committee.

Section 10. At each Department Convention a budget shallbe prepared by the Convention Finance Committee, said bud-get after setting forth the allocation for specified items includingAdjutant’s salary, other salary items and the expenses and al-lowance for the Department Commander, shall also carry anitem for contingencies not otherwise provided for, such budgetto be presented to the Convention for its consideration. TheConvention shall have the right to modify the budget as so pre-pared and thereafter adopt said budget as prepared or as somodified. After the adoption of the said budget no funds of theDepartment in excess of the budget shall be expended withoutthe approval of a two-thirds (2/3) vote of the Executive Commit-tee and a majority vote of the Department Finance Commission,provided, however, that in the event the Finance Commissionby a majority vote shall disapprove of such expenditure in ex-cess of the budget, the Executive Committee by a three-fourths(3/4) vote may over-ride the action of the Finance Commissionand approve such expenditure and such action of the ExecutiveCommittee shall be final; provided further that in no event shallfunds of the Department be expended or disbursed in any fis-cal year in excess of the current income of the Department duringthat fiscal year unless such expenditures are expressly autho-rized to be made from the reserve funds as provided in ArticleXVIII, hereof. During the first (1st) six (6) months of each fiscalyear, ordinary Department expenses may be made on the basisof anticipated income. After January 1st of each fiscal year theaggregate expenditures of the fiscal year must never exceed theaggregate income actually received during said fiscal year un-less use of reserve funds are expressly authorized. In the eventthat it appears to the Executive Committee that the aggregateincome for the fiscal year will be less than the aggregate expen-ditures authorized by said budget it shall be the duty of theExecutive Committee, and it shall have authority from time totime to reallocate the income available for expenditures frombudget items in such manner as it shall deem for the best inter-ests of The American Legion. Such reallocation shall be madeby a two-thirds (2/3) vote of the Executive Committee with theapproval of the Department Finance Commission by a majorityvote, or by a three-quarters (3/4) vote of the Executive Commit-tee without the approval of the Finance Commission.

The fiscal period of the Department shall begin July 1st andend June 30th of the following year.

At the close of each fiscal period the books and records ofthe Department must be audited and a copy of said audit forth-with delivered to each Member of the Department ExecutiveCommittee. The Department Executive Committee or the De-partment Commander may order an audit of the books andrecords of the Department at such other times during any fiscalperiods as may be deemed necessary or advisable.

Section 11. Except as modified by the Bylaws, or by therules of the Convention regularly adopted, the rules of proce-dure at the Department Convention shall be those set forth inthe current edition of Robert’s Rules of Order, Newly Revised.

Section 12. There shall be a Department Advisory Councilto be composed of the Department Commander, the DepartmentJunior Past Commander, the Department Vice-Commanders andthe National Executive Committeeman, to be assembled at thediscretion of the Department Commander. The Department Ad-jutant shall be the Secretary of this Committee with voice andwithout vote.

Section 13. The Department Commander, the DepartmentVice-Commanders, and the Department Sergeant-at-Arms shallbe elected at the regular Department Convention and shall holdoffice until the close of the following Department Convention.

The election of the six (6) Vice-Commanders representingthe six (6) Areas of the Department shall be by vote of the Del-egates of the Posts of each specific Area, provided further thatthe Department Vice-Commander shall be a Member of a Postof the specific Area they are elected to represent. The seventh(7th) Vice-Commander shall be voted upon from the Departmentat large by all Delegates.

Section 14. The National Executive Committeeman and theAlternate National Executive Committeeman shall be elected ata regular Department Convention for a term of two (2) years.

Section 15. The District Commander and District Vice-Com-manders shall be elected at the Annual District Meeting heldwithin the District for which they are elected, said election totake place at least seven (7) days prior to holding of the AnnualDepartment Convention and not more than forty five (45) daysprior to such Annual Department Convention. The term of of-fice of the District Officers shall correspond with that of theelective Department Officers elected at the following AnnualDepartment Convention. The District representative on the De-partment Convention Standing Committees shall be elected atthe Annual Meeting and any vacancies shall be filled at the first(1st) caucus of the District Delegates held at the DepartmentConvention. At each such election, each Post shall vote by rollcall vote the same number of votes as each Post may vote at thenext following Department Convention. The Delegates accred-ited to the Annual District Meeting shall cast the votes of theirrespective Posts by roll call vote, such Delegates to be certifiedby the Post Commander and Adjutant to the District Commander.The result of each election shall be certified to the DepartmentAdjutant immediately upon the election of the District Com-mander and the District Vice-Commanders.

Section 16. The Department Adjutant shall furnish the vari-ous District Commanders with certified lists of any Postdelinquencies at least sixty (60) days prior to the DepartmentConvention. No Delegate from any Post shall be accredited atthe Annual District Meeting unless all Post obligations to De-partment and to the District Council to which it belongs shallhave been paid or satisfied at the time of the Annual Election,including the following:

A. The certification to the Department of the Officers electedand/or appointed by the Post for the current year.

B. The payment of Delegate fees to the Department Con-vention for prior years.

C. The payment of all bills contracted thirty (30) days prior

to the Annual District Meeting.D. The certification to the Department of an examination of

the Post books of account, as outlined in Article V, Section 9.E. The obtaining of all bonds required by Post Officers.F. The approval of the Constitution and/or Bylaws of the Post

and any amendments thereto by the Constitution and BylawsCommission.

G. The payment of all per capita dues or other monies duefrom it to the District Council.

Section 17. No elected Officer or Member of the DepartmentExecutive Committee shall be elected to the same office for two(2) successive terms.

Section 18. The Office of Chaplain should not be filled fromthe same denomination for two (2) successive terms.

Section 19. All elections at Department Convention shall beby roll call, each District reporting the total votes cast for eachcandidate by the Delegates of the Posts within the District.

Section 20. The Adjutant, Judge Advocate, Chaplain, Histo-rian and Service Officer shall be appointed each year by theDepartment Commander with the approval of the DepartmentExecutive Committee to serve until their successors are selectedor until removed by the Executive Committee upon recommen-dation of the Department Commander.

Section 21. A vacancy in an elective office of the Depart-ment, whether such vacancy occurs through death, or inabilityto act as the Department Officer, shall be filled by the Depart-ment Executive Committee. The Department Commander, or inthe event of a vacancy in that office, the Department Adjutantshall summon the Department Executive Committee to elect asuccessor to fill such vacancy for the balance of said term.

Section 22. Vacancies in the District offices shall be filled asprovided by the Constitution and/or Bylaws of that District.

Section 23. In case of death, resignation, removal or inabil-ity to act of the National Executive Committeeman, the AlternateNational Executive Committeeman shall automatically becomethe National Executive Committeeman to serve for the remain-der of the unexpired term.

The Department Executive Committee or the DepartmentConvention, at the first meeting after such vacancy occurs shallselect a successor to the Alternate National Executive Commit-teeman, for the remainder of the unexpired term.

Section 24. In case of death, resignation, removal or inabil-ity to serve as the Alternate National Executive Committeemanthe Department Executive Committee or the Department Con-vention at the first meeting after such vacancy occurs, shall electa successor to the Alternate National Executive Committeemanto serve for the remainder of the unexpired term.

ARTICLE XEXECUTIVE COMMITTEESection 1. The executive power shall be vested in a Depart-

ment Executive Committee to be composed of the DepartmentCommander, Department Junior Past Commander, DepartmentVice-Commanders, Department Sergeant-at-Arms, the NationalExecutive Committeeman and in the absence of the National Ex-ecutive Committeeman the Alternate National ExecutiveCommitteeman shall so serve. All Past National Commanders whoat the time of their election to such office were Members of theDepartment of California and continue as Members in good stand-ing in the Department of California, and the DistrictCommanders. The District First Vice Commander shall serve asalternate for the District Commander and in the absence of boththe District Commander and the District First Vice-Commanderthe District Second Vice-Commander shall so serve and in theabsence of District Commander, District First Vice-Commanderand District Second Vice-Commander the District Third Vice-Commander shall so serve. The Department Adjutant shall bethe Secretary of this Committee without voice or vote.

Section 2. The Executive Committee shall pass upon all mat-ters relating to the administration of the organization; to review,pass upon, accept or reject all applications for local Posts withinthe Department; to review, pass upon, accept or reject all auditsor reports of the business or accounts of the Department Adju-tant, and may at any time during its term of office call upon theDepartment Adjutant for a report of accounts or business trans-acted by him/her in the execution of his/her office.

Section 3. The Executive Committee shall meet for businesssessions within forty-eight (48) hours after adjournment of eachConvention, within forty-eight (48) hours prior to the conveningof each Convention, and in addition, at least once during eachhalf of each fiscal period of the Department, on call by the De-partment Commander, or any five (5) members of the ExecutiveCommittee. All such meetings shall be held at a time and placedesignated by the Commander except that if a meeting be calledby five (5) members of the Executive Committee and the Com-mander refuses or fails for ten (10) days after notice of such callto designate a time and place for such meeting the said five (5)members of the Executive Committee by unanimous action maydesignate such time and place.

Expenses of the Executive Committee Members attendingmeetings of the Committee shall be limited to transportationand per diem as fixed by the Executive Committee, provided thatno expense shall be allowed for attendance at meetings of theExecutive Committee held just previous to and immediately af-ter the Annual Department Convention. Travel expenses of PastNational Commanders who are Members of the Department Ex-ecutive Committee shall be computed from their home Post andnot their place of residence.

Section 4. Pursuant to the provision of the Uniform Code ofProcedure for the Revocation, Cancellation or Suspension of PostCharters, as adopted by The American Legion, Department ofCalifornia, and as the same may be amended from time to time,the Department Executive Committee may suspend; cancel orrevoke a Post Charter. Any Post failing to meet the conditions,obligations, duties or liabilities imposed upon it by the Consti-tution and/or Bylaws of the State or National Departments orfailing to pay its per capita or other monies due from the Post tothe National Department, State Department, County Council, ora District Council to which the Post belongs, or either of them orceases to function for six (6) months continuously as a Post ofThe American Legion, or voluntarily ceases to function as a Post

shall upon order of the Department Executive Committee curesuch default within the time fixed by the Department Execu-tive Committee in its order and upon failure of the Post so todo, the Post shall surrender its Charter for suspension or can-cellation. Upon failure to surrender the Charter proceedings shallbe immediately instituted for the revocation, suspension or can-cellation of such Charter as the particular facts may warrant.

Upon revocation, cancellation or suspension of the Charterof the Post such Post shall immediately cease operations andupon revocation or cancellation shall turn over its Charter tothe Department Commander and the Department is authorizedthrough the Commander or such other person as may be desig-nated by the Commander to take possession, custody and controlof all records, property and assets of such Post provided, how-ever that nothing herein contained is or shall be construed asobligating or requiring the Department to take over, assume, orbecome liable for any financial responsibility or obligation as tosuch property.

The Department Executive Committee shall make provisionfor the transfer of the Members of such Post to other Posts oftheir choice, subject to the consent and approval of the Post towhich said Member or Members may be transferred.

Section 5. At any Department Executive Committee Meet-ing, upon the affirmative vote of at least two-thirds (2/3) of thoseMembers of the Committee present and voting, any Membersof The American Legion, in good standing, shall be given theprivilege on the floor, so long as said Member speaks on thesubject before the Committee.

Section 6. Except as modified by the Bylaws, the rules ofprocedure in any Department Executive Committee meetingshall follow the current edition of Robert’s Rules of Order, NewlyRevised.

ARTICLE XICommissions and CommitteesSection 1. Subject to ratification by the Department Execu-

tive Committee, the Department Commander shall appoint theMembers of the Commissions of the Department.

Each Commission shall be so numerically composed that anequal number shall be selected from each Area. Each Commis-sioner shall serve a term of three (3) years, or until a successoris appointed.

PROVISO: Effective July 1, 2000 until June 30, 2001. Thefollowing six (6) member commissions: Agriculture, Energy andNatural Resources; Boys State; Children and Youth; CommunityService; Counter-Subversive Activities; Finance; Foreign Rela-tions and National Security; and Veterans Employment. TheCommissioners shall be appointed as follows: two (2) membersof each Commission shall be appointed to a term of three (3)years, two (2) members of each Commission shall be appointedto a term of two (2) years, and two (2) members of each Com-mission shall be appointed to a term of one (1) year.

The Department Commander and the Department Adjutantshall be ex-officio members of all Commissions.

Section 2. No person shall serve on the same DepartmentCommission for all or any part of more than three (3) consecu-tive terms; provided that any full term, which is less than athree (3) year term because of Convention action in creating;abolishing or reorganizing any Commission, shall be excludedfrom said three (3) consecutive terms. The Department Com-mander, subject to ratification of the Executive Committee mayremove any Members of any Commission who fail to performthe required duties of such Commission. The Department Com-mander may fill a vacancy caused by such action in the saidmanner as an original selection.

Section 3. With the exception of the Convention City Com-mission and the Finance Commission, an advisory board for eachCommission is hereby created. Each District Commander shallnominate a Member from his/her District to serve on each advi-sory board so created, the person so selected being the DistrictChair of that particular activity in his/her District, for one (1)year or until a successor is appointed.

Section 4. The Department Commander shall designate theChair and Vice Chair of each Commission, who shall serve atthe pleasure of the Department Commander.

Section 5. The following Commissions are the permanentCommissions of the Department of California, composed oftwelve (12) and six (6) Members.

TWELVE-MEMBER COMMISSIONAMERICAN LEGION BASEBALL: To foster the program of

The American Legion as regard to baseball; it shall prepare anannual budget of all its operations and shall include all fundsreceived and expended to be presented to the Finance Commis-sion which will be presented with the Department budget tothe Convention.

SIX-MEMBER COMMISSIONSAERONAUTICS and AEROSPACE: To promote civilian air ac-

tivities in the Department, including the building of modelairplanes, and if deemed advisable competition among personsso engaged. (Aviation in the military field shall be handled byNational Security.) To promote Aerospace research, and to keepThe American Legion advised of all activity in the field of Aero-space.

AGRICULTURE, ENERGY AND NATURAL RESOURCES: Topromote the development, supply, quality and environmentalconservation, applicable to food, agricultural resources, andenergy, through study of conditions and problems, and by work-ing in counsel with State agencies and leaders in their respectivefields; to implement an active forestry and youth environmen-tal orientation program, to monitor the energy policies applicableto the state, to promote energy conservation and circulate en-ergy policies as a program of The American Legion, Departmentof California.

AMATEUR RADIO: To assist in the development of amateurradio, and, to that end, to establish an amateur radio chainamong volunteer radio enthusiasts.

AMERICANISM: To develop the spirit of one hundred (100)percent Americanism among The American Legion and the citi-zens and residents of the State of California. To put into effectpolicies and programs of The American Legion; to coordinate



any overlapping of programs dealing with Americanism; and toestablish an overall program of Americanism. To act as a liaisonbetween the organization known as Boy’s & Girl’s Clubs ofAmerica and assist in sponsoring this activity in various com-munities. To coordinate the programs of the various Posts andDistricts in the Department with the public schools.

BOYS STATE: To operate Boys State for the development ofgood citizenship in the communities. Said Commission shallprepare an annual budget of all its operations and shall includeall funds received and expended to be presented to the FinanceCommission which in turn will be presented with the Depart-ment budget to the Convention.

CHILDREN AND YOUTH: To carry on the Child Welfare Pro-gram of The American Legion. To promote the program of theeducation of war orphans.

COMMUNITY SERVICE: To promote traffic safety amongthe residents of the State of California through education andother means to reduce the toll of deaths and injuries on thehighways and promote safe driving. To promote fire preventionamong the residents of the State through education and coop-eration with organized fire departments. To reduce the toll ofdeaths, injuries and property damage due to fire. To carry onthe Community Betterment Program of The American Legion.

CONSTITUTION AND BY-LAWS: To recommend to the De-partment changes necessary or advisable for the better operationof the Department and such other duties as are delegated to itby the Bylaws of the Department.

CONVENTION CITY: To investigate the facilities and finan-cial ability of cities placing a bid for a Department Convention;to recommend to the Department Convention the city best quali-fied to hold a Department Convention; and upon the Conventionbeing awarded to a city by the Department Convention; the De-partment Commission may become the Commander’s officialrepresentative, with the duties of coordinating all phases ofConvention activities with the convention city or corporation.

COUNTER-SUBVERSIVE ACTIVITIES: To assemble informa-tion concerning un-American activities and persons engagedtherein and make reports of such activities.

DISASTER AND EMERGENCY SERVICES: To organize theMembership of the Department into a cohesive unit and to fa-cilitate and improve cooperation with all law enforcementagencies concerning disaster relief.

FINANCE: To perform such duties as are delegated to it bythe Department Bylaws; generally care for the finances of theDepartment Convention and report to the Department Execu-tive Committee concerning the finances of the Department. TheFinance Commission shall prepare a proposed budget for eachCommission and Committee before each Department Conven-tion and shall submit the same to the Convention FinanceCommittee, using the Annual Report of the Personnel Commit-tee to establish salaries and benefits for all Departmentemployees. Said annual report of the Personnel Committee isadvisory only and not in any way binding on the Finance Com-mittee.

FOREIGN RELATIONS AND NATIONAL SECURITY: To pro-mote the program of The American Legion in regard to ForeignRelations and National Defense in all its phases.

HOUSING: To assist veterans of this State in their presentand future housing problems.

LAW AND ORDER: To foster, within the scope of AmericanLegion principles and policies, an affirmative program of respectfor and support of law and order in general and law enforce-ment agencies in the legitimate function and performance oftheir offices and duties, and further, that a sub-committee beappointed to formulate American Legion policies concerning theuse of narcotics and dangerous drugs.

LEADERSHIP: To encourage Members to utilize their innatepotentials, and develop within those potentials, the enthusi-asm to function for the best interest of The American Legion, atall levels.

LEGISLATIVE: To consider legislative matters, make recom-mendations to the Department Convention and the ExecutiveCommittee, and generally supervise the legislative program ofthe Department during the session of the State Legislature.

NATURALIZATION: To promote naturalization amongunnaturalized residents of the State of California; to urge thebroadening of the program now established in schools for theeducation of unnaturalized residents so that they can pass therequired tests for naturalization, including the teaching tounnaturalized persons of the history and background of theUnited States of America, and through the Posts and Districts tocooperate with the officials of the Naturalization Departmentof the United States and the courts when classes of persons arenaturalized.

ORATORICAL CONTESTS: To promote Department Oratori-cal Contests at Post, District, and Department levels and toconduct the Department finals of such contests.

PUBLIC RELATIONS: Through the media, of newspaper, ra-dio and other means of dissemination of news, to spread theprogram of The American Legion. To foster and maintain an ad-equate speakers bureau.

PUBLISHING: The Publishing Commission shall be totallyresponsible for setting the criteria of what will be published inthe “California Legionnaire.” The content of the “California Le-gionnaire” will reflect the policies, and activities of The AmericanLegion. The term of employment of the Editor will extend oneissue past the Department Convention. All editorials will besigned or approved by the Department Commander. All adver-tising consistent with American Legion policy will be accepted.The Publishing Commission shall be totally responsible for thesoliciting of competitive bids for the printing of the “CaliforniaLegionnaire” keeping in mind the financial aspects for the ben-efit of all California Legion Members. The PublishingCommission shall be responsible for documenting all policy andadministrative decisions made by the Commission; which shallbe forwarded in writing to the Department Adjutant as a matterof record. Candidates for statewide Legion office shall be givenequal space in the columns of the “California Legionnaire.” Com-missions paid to individuals or companies for advertising in the“California Legionnaire” will be made known upon the request

of any Member in good standing of The American Legion.RITUAL: To promote and teach the use of ritual in all Ameri-

can Legion meetings as described in the official NationalPublications, e.g. Officer’s Guide, to foster teams at all levels ofThe American Legion for initiatory and installation at meetings,and to lend military pageantry to American Legion functions,particularly at patriotic holiday ceremonies and parades, and atState and National Conventions and to supervise contests ofuniform bodies.

SCOUTING: To foster and promote the scouting programthroughout the State among the Posts of The American Legionof this Department, including such activities as the Boy Scouts,Sea Scouts, Explorer Scouts, Air Scouts, Cub Packs and GirlScouts.

S.A.L.: To promote the program of The American Legionwith the Sons of the Legionnaires.

VALLEY FORGE: The program is designed to send qualifiedCalifornia educators to Valley Forge for a one week intensiveworkshop which enables them to develop a prospectus to en-sure the “American way” so that our youth of today may have abetter understanding of both historic origins of their liberty andthe responsibilities of good citizenship required of them.

VETERANS AFFAIRS AND REHABILITATION: The Rehabili-tation Program of the Department shall be carried on under thesupervision of the Veterans Affairs and Rehabilitation Commis-sion throughout the entire Department. There shall be aDepartment Service Officer who shall be responsible for super-vision of the Department’s Service Program. He/she shall act inadvisory capacity to the Commission and shall coordinate thework of the staff in the San Francisco, Oakland, Los Angelesand San Diego Offices respectively and such other cities as maybe designated by the Commission. The Department Service Of-ficer or designated members of his/her staff shall be officialcontacts and representatives of The American Legion, Depart-ment of California with the Veterans’ Administration at Regionaloffices and Veterans Administration Hospitals. The duties of theService Officer and his/her staff shall be generally that of pros-ecuting claims and protecting the rights and privileges of allveterans, their dependents and survivors and to handle suchother matters as may properly be considered service work. TheService Officer and his/her staff shall cooperate with CountyService Officers, the Los Angeles County Service Departmentand the State of California Department of Veterans Affairs. Itshall be the policy of the Commission to encourage Posts andDistricts to select qualified and able Members to serve as Postand District Service Officers and to provide assistance to helpthem carry out their duties.

VETERANS EMPLOYMENT: To promote the program(s) ofemployment of veterans and to implement and to ensure thatveterans receive due consideration when applying for jobs forwhich they have earned preferential consideration through theirhonorable service to God and Country.

WAYS AND MEANS: The duties of this Commission shallbe, and confined to, the development of plans, ideas, and pro-motions to secure additional funds by and for the Department.All plans, ideas and promotions of said Commission must bepresented to the Department Commander and the ExecutiveCommittee for approval.

COMMITTEESSection 6. The Department Commander is empowered to

appoint all special committees that may be ordered by the De-partment Convention, Department Executive Committee,National Convention, National Executive Committee, or suchother committees that he/she considers necessary, and to ap-point the Chair and Vice Chair.

Section 7. MEMBERSHIP COMMITTEE The DepartmentCommander at the organizational meeting of the DepartmentExecutive Committee immediately following the adjournmentof the Annual Department Convention shall appoint a Member-ship Committee composed of seven (7) members, one (1)representative from each Area of the Department and one (1)representative from the Department at large, such representa-tive being designated as Chair and shall also have the title ofDepartment Director of Membership and be authorized to weara white American Legion cap. The duties of such Committeeshall be to foster and promote membership in The AmericanLegion, Department of California. An advisory board for suchMembership Committee shall consist of the seven (7) Depart-ment Vice-Commanders and the District First Vice-Commanderof each District of the Department.

All District First Vice-Commanders will be obligated to at-tend both the Fall and Spring Meetings of the DepartmentExecutive Committee; moreover, the attendees will be reim-bursed in accordance with the provisions of Article X, Section 3of the Department of California Bylaws.

Section 8. PERSONNEL COMMITTEE The Department Com-mander shall appoint a five (5) member committee which shallhave the duties of studying job classifications, salary schedules,employee benefits and all policy matters involving paid person-nel of the Department. The Committee shall meet at least onceeach year and shall present to the Department Commander andthe Finance Commission a report of its recommendations.

ARTICLE XIIApportionment and Election of Delegates to the National

ConventionSection 1. The Delegates and Alternates to the National Con-

vention shall consist of such number as is prescribed by ArticleV, Section 3 of the Constitution of The American Legion.

Section 2. The Delegates to the National Convention of TheAmerican Legion of California shall be elected from the Mem-bership of the Department in the following manner:

a. The Department Convention shall elect from the Mem-bership of the Department at the same time and in the samemanner provided for the election of Department Officers, five(5) Delegates-at-Large and as many more Delegates-at-Large andAlternate Delegates-at-Large to which the Department shall beentitled.

b. All other Delegates and Alternate Delegates to which theDepartment shall be entitled shall be elected from the Districts,

by the duly elected Delegates from such Districts. Such electionshall take place at the Annual District Meeting, and any vacan-cies shall be filled at a District Caucus at the DepartmentConvention. Each District shall elect one (1) Delegate and one(1) Alternate Delegate for each one thousand (1,000) paid-upmemberships and extra Delegates and Alternate Delegates shallbe apportioned to the Districts having the greater portion ofone thousand (1,000) Members provided that each District shallhave at least one (1) Delegate and one (1) Alternate.

c. Alternate Delegates elected from each District shall be des-ignated to serve in the place of absent Delegates, elected fromthe District, until the entire list of all said Alternates then presentfrom said District is exhausted.

Each District, when certifying its list of Alternate Delegates,elected from said District, may also certify in order of their elec-tion and the Alternates present shall then be designated in thatorder.

Except as above provided, Alternate Delegates shall be des-ignated to serve in the place of absent Delegates by the Chair ofthe Delegation, in accordance with the rules of the National Con-vention.

Section 3. The expenses of the Department Commander,the Department Junior Past Commander and the Adjutant toand from the National Convention shall be paid by the Depart-ment. The Department Adjutant shall act as the Secretary of theDelegation but shall not be a Delegate to the National Conven-tion.

Section 4. All Delegates and Alternates to the National Con-vention must obey the mandates of the Department Convention.

Section 5. The registration fee of all Delegates from thisDepartment to the National Convention shall be paid by theDepartment of California. The amount of such registration feeshall be included in the budget approved by the DepartmentConvention.

ARTICLE XIIIInitiative and RecallSection 1. Whenever ten percent (10%) of the Posts have

voted in favor of initiating any amendment to the Constitutionand/or Bylaws or a recall of a Department Officer, or referen-dum, the Department Adjutant shall certify this action to theDepartment Executive Committee, which shall direct the Adju-tant to prepare a ballot to be sent to all Posts in the Department.Upon this ballot shall appear the question of whether the Postfavors the proposed amendment, the recall of Department Of-ficer, or the referendum in question, as the case may be.

Section 2. Upon a two-thirds (2/3) vote of the Executive Com-mittee in favor of initiating any amendment to the Constitutionand/or Bylaws the Adjutant shall prepare a ballot to be sent toall Posts in the Department. Upon this ballot shall appear thequestion of whether the Post favors the proposed amendment.

Section 3. Matters submitted by initiative, referendum orrecall shall be decided by a majority vote of the voting strengthof the Posts, as determined by the preceding Department Con-vention; provided that any initiative, or referendum that is anamendment to the Constitution and/or Bylaws shall require thesame vote to pass as like amendments would require if presentedat the Department Convention.

ARTICLE XIVAuxiliariesSection 1. The American Legion recognizes an auxiliary or-

ganization to be known as “The American Legion Auxiliary”.Section 2. Membership in The American Legion Auxiliary

shall be limited to mothers, wives, daughters, sisters, and grand-daughters of Members of The American Legion, and to themothers, wives, daughters, sisters and granddaughters of all menand women who were in the Armed Forces of the United Statesduring those periods and conditions set forth in Article IV, Sec-tion 1, of the National Constitution of The American Legion, orwho, being citizens of the United States at the time of theirentry therein, served on active duty in the Armed Forces of anyof the governments associated with the United States duringany of said periods; and died in line of duty or after honorabledischarge; and to those women who of their own rights are eli-gible for membership in The American Legion.

Section 3. The Auxiliary shall be governed in this Depart-ment of The American Legion by such rules and regulations asmay be prescribed by the National Executive Committee andthereafter approved by this Department of The American Le-gion.

ARTICLE XVDelinquencies and SuspensionsSection 1. The dates of Delinquency & Suspension shall be

those dates and conditions set forth in Article IV, Section 4, ofthe National Bylaws of The American Legion.

The Posts may waive the provisions hereof upon paymentsof dues for the year in which the reinstatement occurs withreference to former Members who have been prevented frompayment of dues by reason of active military service.

ARTICLE XVIDiscipline of MembersSection 1. Each Post of The American Legion shall be the

judge of its own membership subject to the restrictions of theNational Constitution and Bylaws, except that no person who isa member of any organization which has for its aim the over-throw of the United States Government by force or violence, orwho subscribes to the principles of any group opposed to ourform of government, shall be eligible to become or remain aMember of The American Legion.

Section 2. Members of The American Legion who are Mem-bers of Posts of this Department shall be subject to disciplinaryaction as provided in the Trial Manual of the Department asadopted at a Department Convention and subsequent amend-ments thereto.

ARTICLE XVIIDisbursement of Department Funds

Section 1. All funds of the Department shall be depositedin insured bank accounts in the name of The American Legion,Department of California, and shall be withdrawn only on thejoint signature of any two (2) of the following four (4) persons,namely: the Department Commander, the Department Adju-tant, Comptroller, the Chairperson of the Department FinanceCommission or a member of said commission in lieu of the Chair-person, to be designated by the Chairperson of said Commissionfor said purpose with the approval of the Department Com-mander.

Said four (4) persons shall sign all signature cards for eachaccount in which funds of the Department are deposited andsaid bank shall be instructed that the signature of any two (2) ofsaid four (4) persons are required to withdraw funds provided;however, that only one (1) may be a Department employee.

Section 2. Said persons shall expend or disburse the mon-ies authorized to be expended or disbursed by the DepartmentConvention or the Department Executive Committee, within thelimits and subject to the restriction provided in Article IX, Sec-tion 10. Said person shall cause a record of all such expendituresand disbursements to be kept showing the amount thereof andthe purposes for which made and shall execute vouchers forthe same and furnish copies thereof to the Department Adju-tant.

Section 3. No Commission or Committee, or Memberthereof, may incur any bill in excess of or beyond the budgetapproved by the Convention or the Executive Committee, andshall not approve the expenditure of any funds in the name ofThe American Legion without prior approval of the Conventionor the Executive Committee.

Section 4. Before assuming their duties as such DisbursingOfficers, the Department Adjutant shall execute and deliver thesurety bond set forth in Section 4 of Article IV and the other ofsaid persons shall execute and deliver to the Department Ex-ecutive Committee for their approval and acceptance a suretybond in such penal sum as the Department Executive Commit-tee shall determine, payable to The American Legion,Department of California for the faithful performance of theirduties or be otherwise bonded by the Department by positionbonds in the minimum amount of one hundred thousand dol-lars ($100,000), the premiums of the bonds to be paid from thetreasury of the Department.

ARTICLE XVIIIReserve FundSection 1. There shall be deposited to the credit of the Re-

serve Fund one cent (1) from the per capita tax from eachMember, deposits are to be made not later than the first workday of the month following its receipt. On or before December31st of each year, the Department Finance Commission shallset aside to the credit of the fund a sum equal to at least fiftypercent (50%) of the net surplus of the Department of Califor-nia accruing during the preceding fiscal year. Such other amountsshall be credited to the fund as may, from time to time, be des-ignated by a Department Convention.

Section 2. The assets of the fund shall be invested and rein-vested in bonds of any government agency or savings depositsor savings certificates of deposit that are properly insured, andthe investments shall be made by the Department Commanderand Department Adjutant upon the approval by majority voteof the Department Finance Commission.

Section 3. The investments accruing to the fund shall becredited to the fund.

Section 4. None of the fund shall be expended, loaned orotherwise used except on direction of a Department Conven-tion or by a two-thirds (2/3) vote of the Department ExecutiveCommittee, at a regular or special meeting assembled, with theapproval of a majority of Department Finance Commission. Inthe event the Department Finance Commission shall disapprovesuch use of monies or other assets of the fund, the DepartmentExecutive Committee may by a three-fourths (3/4) vote, approvesuch expenditure or use and the decision of the DepartmentExecutive Committee so voted shall be final.

Section 5. The Reserve Fund shall not exceed five dollars($5.00) per capita in any one (1) year based upon the Member-ship of the Department at the preceding DepartmentConvention. Any sum in the fund in excess of such requirementsshall be forthwith transferred to the General Fund of the De-partment.

ARTICLE XIXAmendmentSection 1. This Constitution and/or Bylaws may be amended

by initiative proceedings or by submitting the proposed amend-ment to any regular Department Convention and securing atwo-thirds (2/3) vote, together with a majority vote of the Postsrepresented in the Convention.

Section 2. Any Department special committee appointed tostudy and revise the Department Constitution and/or Bylawsshall make known its recommendations for proposed changesto the Department Adjutant by February 1st of the year, andthe Adjutant shall duplicate the recommendations and mail themto each Post with a postmark date no later than March 1st, sothat Posts shall have time to study the changes and inform theirDelegates to Department Convention in regards to the proposedchanges. This requirement shall not be construed as to precludefurther Constitution and/or Bylaws changes that may be recom-mended by any Delegate or Commission at any DepartmentConvention.

Section 3. Any provision of this document shall be auto-matically amended to conform to any amendment adopted byThe American Legion at its National Convention or to the Na-tional Constitution and/or Bylaws of The American Legion whichsaid amendment affects this Department in its internal organi-zation.

Section 4. Hereafter all revisions to this document and itscomponent parts when printed by the Department, shall showall changes and amendments in italic type as adopted by theDepartment Convention immediately preceding.

END


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