Constitution of the American Legion Riders of Colorado
Preamble
For God and Country, we associate ourselves together for the following purposes:
To participate in parades and other ceremonies, that, are within the aims and purposes of the American Legion, to promote motorcycle safety. To provide a social atmosphere for The American Legion family member, and to use our programs to support other motorcycle organizations, and most of all our veterans, veterans homes, and hospitals.
ARTICLE I
NAME
Section 1: Name: The name of this organization is The American Legion Riders of Colorado.
ARTICLE II
OBJECT AND NATURE
Section 1: Object: To participate in parades and ceremonies that is within the aims and purposes of The American Legion. To provide a social atmosphere for The American Legion family, and use our programs to support our veterans and to keep alive the memory of our POW/MIA’s
Section 2: Safety and Support: To promote patriotic programs, community service projects and programs concerning national security. To promote motorcycle safety; to support other motorcycle organizations.
Section 3: Civilian Organization: The American Legion Riders of Colorado is a civilian organization. Membership therein does not affect nor increase ability for military or police service. Rank does not exist in The American Legion Riders. No member shall be addressed by military title in any Legion Riders meeting.
ARTICLE III
ORGANIZATION
Section I: Department Committee: The American Legion Riders of Colorado is recognized as a program of the American Legion, Department of Colorado and is divided into districts as outlined in the Department Constitution and Bylaws, within the state of Colorado.
Section 2: Committee: The American Legion Riders of Colorado will operate as a program of the American Legion Department of Colorado, under administrative jurisdiction as provided for under the Department Constitution and Bylaws.
Section 3: Districts Recognition: Each District will be a local unit of The American Legion Riders of Colorado in the District in which it is located. Each District must be authorized by the American Legion Riders of Colorado State Board. Membership at the District level is as prescribed under membership eligibility.
Section 4: District Constitution and Bylaws: No District may adopt a Constitution and Bylaws that are in conflict with the provisions of the American Legion Riders of Colorado’s Constitution and Bylaws.
Section 5: District Revocation District authorization to operate The American Legion Riders within a District may be suspended, cancelled or revoked for good cause shown, based on a recommendation from The American Legion Riders of Colorado State Board, with the approval of The American Legion Department of Colorado Executive Committee.
Section 6: State Officers: The officers of The American Legion Riders of Colorado State, shall be as follows, and shall be called The American Legion Riders of Colorado State Board:
State President
State Vice-President
State Secretary
State Treasurer
Sergeant-At-Arms
State Road Captain
District Committeeman (14)
Appointed Chaplin
Section 7: District Officers: The District Officers of each American Legion Riders District in Colorado will be as follows:
District President
District Vice-President
District Secretary
District Treasurer
Sergeant-At-Arms
District Committeeman
The six above are the minimum required to start a District. The District may add the following officers at their discretion:
District Road Captain
District Road Lieutenant
District Color Guard Captain
District Historian
District Chaplin
Or any others deemed necessary and approved by the District Board.
Section 8: State Elections shall be held in conjunction with the current practice of The Department of Colorado American Legion. Therefore newly elected officers for the State Board will assume their office after the annual state convention in June of the elected year.
Section 9: District Elections: The positions of District President, District Vice President, District Secretary and District Treasurer, will be elected by members of the District Riders for a term of two years.
Section 10: Requirements to Hold Office District Officers must be the owner/operator of a motorcycle and a member in good standing of an American Legion post, Auxiliary unit or a Squadron of the Sons of the American Legion. State Officers must also be an owner/operator of a motorcycle and a member in good standing with the American Legion Riders and of a post of the American Legion.
ARTICLE IV
MEMBERSHIP
Section 1: Eligibility: Any person may become a member of the American Legion Riders of Colorado that meets the following criteria:
Must be a member in good standing of a Legion Post, a Unit of the American Legion Auxiliary, or a Squadron of The Son’s of the American Legion, and be at least 21 years of age.
All new applicants must appear before a District Board to express their interest in wanting to join the American Legion Riders of Colorado.
A sponsor will be appointed to new applicants upon approval for membership by the District Executive Board
Motorcycle Owner: To be a member of The American Legion Riders of Colorado you must be a registered owner of a motorcycle of at least 500cc that is operational.
Upon approval of applicant, dues will be collected accordingly as set by the American Legion Riders District Board.
Legion Riders are expected to comply with all Colorado State Laws regarding licensing and insurance requirements to operate a motorcycle.
Section 2: Patch Requirements: New members may receive a patch with the following:
New member will be eligible to receive an organizational patch immediately; the new member will be on probation for ninety (90) days. The sponsor is responsible to ensure the new member participates at meetings and events during this time.
At the end of the ninety days the sponsor’s liability will be relinquished and the new member will be issued their new district patch upon review of the American Legion Riders of Colorado District Board.
All members will be reviewed semi-annually for active participation in events with the American Legion Riders of Colorado by District Board.
No dual patches will be worn by any members. Also no items such as pins, patches etc., will be worn on or above the American Flag (No exceptions)
**SEE ATTACHED IILUSTRATION**
NOTE: A patch will be recalled from any member who brings discredit to The American Legion Riders or the American Legion Department of Colorado at events, meetings, and/or in public, due to lack of participation in the Riders programs and activities. All properties belonging to The American Legion Riders of Colorado will be returned without reimbursement.
Section 3: Attire: The American Legion Riders of Colorado being a unique entity of the American Legion, members will be uniform in their appearance and dress. The following items must be uniform:
Vests: all vests will be either black or brown leather, black or blue denim.
Patches: See Attached diagram.
Headgear: The recognized headgear for official functions (i.e. meetings, runs, events, convention) for the American Legion Riders will be the black beret and/or black ball cap with the American Legion Riders Emblem or any American Legion authorized cap.
Section 4: Retirement of General Membership: A member of the American Legion Riders will be eligible for retirement after seven (7) years of continuous service in good standing. All General Membership applicants who want to retire will submit their request for retirement to their District Executive Board. After review and approval, the American Legion Riders State Board will be notified. The dues of the retired member will be reduced to $7.50 per capita.
Section 5: Retirement of State and District Officers: An officer will be eligible for retirement after five (5) years of continuous service in good standing. All District and State officers who want to retire will submit their request for retirement to their respective Executive Boards for approval. After review and approval the dues of the retired officer will re reduced to $7.50 per capita.
Section 6: Resignation: If a member resigns from the American Legion Riders of Colorado, all properties belonging to the American Legion Riders of Colorado must be returned at such time with no reimbursement.
Section 7: Reinstatement: A member who has resigned from the riders and turned in their patch and then wishes to be reinstated shall submit in writing a request for reinstatement to the District Executive Board. The request for reinstatement shall be decided by a majority vote of the District Executive Board.
ARTICLE V
FINANCE
Section 1: Source of Revenue: The revenue of the American Legion Riders of Colorado shall be derived from membership dues, and /or other revenues generated from various functions of the American Legion Riders Program. The American Legion Riders of Colorado State Board may raise funds for the conduct of its activities and the payment for travel of its Officers.
Section 2: Dues: The district Secretary or Treasurer with proof of membership eligibility will collect dues, which includes a per capita set by the American Legion Riders State Board, and will forward that per capita to the State Treasurer.
Section 3: Fiscal Year: The fiscal year of the American Legion Riders of Colorado and all subordinate units shall commence on the First day of January and end on the thirty first day of December of that year.
ARTICLE VI
AMENDMENTS
Section 1: This Constitution is adopted subject to provisions of the National Constitution of The American Legion and of the Department Constitution of the Department of Colorado, American Legion, any amendment to said National Constitution or Department Constitution, which is in conflict with any provisions hereof shall be regarded as automatically repealing or modifying the provisions of this Constitution to the extent of such conflict.
Section 2: This constitution may be amended at any regular meeting of the American Legion Riders of Colorado provided 30 days written notice shall have been given to the membership in advance of the date the proposed Bylaws and Constitution changes that is to be voted on. A two-thirds vote of those present at a District meeting is required. Results will be brought to the State Board meeting, in writing, by the District Committeeman. Votes will be tallied and results recorded and presented at that meeting.
ARTICLE VII
REPEAL AND SAVING CLAUSE
Section 1: This constitution, adopted at The American Legion Riders of Colorado held in Pueblo, Colorado on Sunday November 14, 2004, supersedes and takes the place of all earlier Constitution and Amendments thereof and the same, and all Bylaws adopted hereunder, are hereby revoked and annulled
By Laws of the American Legion Riders of Colorado
ARTICLE I
NAME
Section 1: Name: The name of this organization is the American Legion Riders of Colorado.
Section 2: The nature and objectives of this organization are set forth in the Constitution of the American Legion Riders of Colorado.
ARTICLE II
State Headquarters for the American Legion Riders of Colorado
Section 1: State Headquarters: For the American Legion Riders of Colorado shall be maintained at the American Legion Department of Colorado, which is located at 7465 East lst Ave. Suite D. Denver, CO 80230.
Section 2: All property of the American Legion Riders of Colorado will be stored at American Legion Department of Colorado Headquarters.
ARTICLE III
GOVERNMENT
Section 1: Quorum: A quorum of the American Legion Riders of Colorado State Board will consist of six (6) voting members.
Section 2: Parliamentary Authority: In all cases where the American Legion Riders of Colorado has issues that are not covered in the Constitution and the Bylaws of the American Legion Riders, the issues will be covered by Robert’s Rules of Order newly revised.
ARTICLE IV
THE AMERICAN LEGION RIDERS OF COLORADO, STATE BOARD
Section 1: State Board Officers: The American Legion Riders of Colorado will have their own officers as indicated below and elected by all members of the Legion Riders in Colorado. The American Legion Riders membership will nominate and elect the State Board at the annual Department Convention every two years.
State President
State Vice-President
State Secretary
State Sergeant at arms.
State Treasurer
State Road Captain
District Committeeman (14) Appointed at the District level.
Section 2: Nominations, Elections, and Term of Office:
A. Nominations for positions on the State Board will be announced at the January quarterly meeting.
B. The vote will be conducted 30 days prior to the annual Department Convention, in each district and be tallied. The District Committeeman will carry the vote of the general membership to be cast at the Department Convention meeting during the annual convention. A copy of the vote sheet from each District will be provided to the State Secretary for file purposes. Votes from all Districts will be tallied and a winner announced at that meeting. The State Secretary will send out official results to all Districts within 48 hours of the end of convention.
C. Term of office for State Board Members will be 2 years.
Section 3: Vacancies on the State Board: Except as otherwise provided in this constitution and Bylaws, the state President may, but is not obligated to fill any of the positions where a vacancy occurs on the State Board in accordance with article III Section 10 of the Constitution, except for the District Committeeman, who will be replaced by their respective District.
Section 4: Meetings: The State Board of the American Legion Riders of Colorado will meet quarterly. The State Board of the American Legion Riders of Colorado will meet quarterly. The District Committeeman from each District will cast one vote. The President, or in his absent, his Designee, from his District, will cast one vote. All members of the State Board will have one vote. There will be an annual meeting of the American Legion Riders membership, and the State Board held jointly at The American Legion Department Convention each year.
There will be quarterly meetings of the State Board and District Representatives in January, April, July, and October every year. The place of the meeting to be determined by the State Board on a per meeting basis.
Special Meetings may be called by the State President, or on the written request of three members of the State Board. The purpose of any special meeting must be stated in the call for the meeting.
Section 5: Duties of Officers of the American Legion Riders of Colorado State Board:
Duties of the State President
Duties of the State Vice-President
: The State Vice President shall assume and discharge the duties of the State President in the absence or disability of or when called upon by the State President, he will succeed to the office and have all the powers and duties of the State President. He shall, upon request of the State President attend monthly meetings of the Districts and perform such other duties as are usually incident to the office.: The State President is the Chief Executive Officer of The American Legion Riders of Colorado State Board. He shall carry out and enforce the Constitution and Bylaws of the American Legion Riders of Colorado. He shall appoint all sub-committees. He shall preside at quarterly or special meetings of the American Legion Riders of Colorado State Board. The State President shall provide an annual report at Mid Year conference.
.
Duties of the State Secretary:
Duties of the State Treasurer:
The State Treasurer shall receive and account for all monies of the American Legion Riders of Colorado and shall keep complete and accurate books of the account. He shall pay out of the funds of The American Legion Riders of Colorado State Board only on orders of the Board and retain such orders as vouchers. He shall make a monthly statement available to the American Legion Riders State Board and the General Membership. To this end the State Treasurer is herby vested with all such authority as deemed to carry out the duties of the State Treasurer of the American Legion Riders of Colorado State Board. All monies of the program will be maintained in a two (2) signature checking account.The State Secretary shall record all proceedings of the American Legion Riders of Colorado State Board. The State Secretary shall keep a full and accurate account of membership rosters and minutes from the State Board. The secretary is charged with conducting his office in an efficient and businesslike manner, in the best interest of The American Legion Riders of Colorado State Board. He shall give notice of the state board meetings and special meetings to the Districts, and to that end, he is herby vested with all such authority as deemed to carry out the Duties of the State Secretary.
Duties of the State Sergeant-at-Arms:
Duties of the State Road Captain:
Duties of the District Committeeman:
It shall be the duty of each District Committeeman to be the liaison between American Legion Riders State Board and the District and to assist the District President in the performing of their duties and the carrying out of the American Legion Riders of Colorado programs in the Districts and to perform such other duties as may be assigned to him.
The State Road Captain will maintain a file of disclaimers from the District Road Captains on a monthly basis. He shall advise The American Legion Riders of Colorado State Board on upcoming monthly events, places, times and dates (i.e. Flyers, information on runs, changes and or updates) as provided by District Road Captains. He shall appoint District Road captains to tail rider positions during state sponsored runs. He shall be responsible for creating and updating "Road Rules" through the State President and The American Legion Riders of Colorado State Board.The Sergeant-At-Arms will assist the State President to ensure that all rules that are set forth in this constitution and Bylaws are followed and adhered to. The State Sergeant-At-Arms will maintain order at all The American Legion Riders of Colorado State Board meetings, he shall have the authority to enforce the Constitution and Bylaws and road rules at all events of the American Legion Riders of Colorado. The State Sergeant-At-Arms has the right to bring immediate State Board action upon any violation of these Constitution and Bylaws.
ARTICLE V
AMERICAN LEGION RIDERS OF COLORADO DISTRICT ORGANIZATION
Section 1: Districts: The Districts for the American Legion Riders of Colorado are the same as indicated for each Legion District in Colorado as outlined in Article V of the Department of Colorado Constitution, Revised June 28, 2003.
Section 2: District Officers: The officers of the District are indicated in Article III Section 7 of the American Legion Riders of Colorado, Constitution. The District may appoint such other officers as deemed necessary. All officers upon acceptance of a position must familiarize themselves with and understand Department of Colorado American Legion Riders Constitution, Bylaws and protocol.
Section 3: Nominations, Elections and term of office: District Officers shall be nominated at the regular November meeting. Elections will be held at the regular December meeting. Elected officers will serve for a term two years and shall hold office until their successors have been elected and qualified. Their term of office shall commence in January.
Section 4: Vacancies: The District President with the approval of the American Legion Riders District Board shall fill all vacancies in District Offices in accordance with Article III Section 10 of the Constitution... The person selected is to serve the balance of the term of the officer he succeeds. If any District Officer shall cease to be a member of that District, the District President may declare his office vacant and fill the same as herein provided.
Section 5: Duties of the District President: The District President shall have general supervision over his District. He shall endeavor in all ways to promote membership and participation in the programs of the American Legion Riders of Colorado and the American Legion, American Legion Auxiliary, and The Sons of the American Legion. He shall preside at all District American Legion Riders Meetings. He shall address The American Legion Post/District Executive Committee of the status of his District American Legion Riders programs and events which affect his District. He shall perform such other duties as enjoined upon him by this Constitution and Bylaws. The District President will not have a vote in meetings except to break a tie vote.
Section 6: Duties of the District Vice-President: The District Vice-President in the event of the death, resignation, or disability, of the District President shall succeed to the office and have and possess all the powers and duties of the District President; and shall perform such other duties as required of him by the American Legion Riders District Board.
Section 7: Duties of the District Secretary: The District Secretary will keep a full and accurate record of all meetings of the American Legion Riders District. The District Secretary will maintain a current list of member’s names, addresses and phone numbers to include renewals and new members; also each members current Legion, Auxiliary, and The Son’s of The American Legion membership status. The District secretary will provide this information on a quarterly basis to the State Secretary.
Section 8: Duties of the District Treasurer: The District treasurer shall faithfully keep all monies of the District coming into his hands and account thereof; and shall keep such books and records as are necessary and proper in the performance of their duties. He shall disburse funds as directed by the American Legion Riders District Board.
Section 9: Duties of the District Sergeant-At-Arms: The District Sergeant-At-Arms will assist the District President to ensure that all the rules of the District American Legion Riders of Colorado meetings and functions are followed. He shall introduce special guests, and new members to the membership. He will have the authority to enforce road rules as needed at the District level. He shall also have the right to generate immediate District Board action upon violation of the American Legion Riders of Colorado Constitution or Bylaws. He will assist the State Sergeant-At-Arms at all state events and functions.
Section 10: Duties of the District Road Captain: The District Road Captain will be responsible for the following: Disclaimers, route safety, places, times, dates, and flyers. He shall appoint tail riders as needed to ensure the safety of the District membership during a run. He will also be responsible for consulting the State Road Captain on creating and updating "Road Rules" through approval of the District President and the American Legion Riders of Colorado State Board. He shall provide a semi-annual report and copy of Disclaimers to the State Road Captain to include flyers, information on runs, changes and/or updates in his District.
Section 11: Revenue of Districts: District may raise funds for the conduct of its activities, and for the payment of the necessary travel expense of its officers; from dues imposed on members of the Districts or from other sources. District American Legion Riders of Colorado funds will be kept in a two-signature checking account. The District Officers will be the only check signers of the checking account.
Section 12: District By Laws: Each District will provide Bylaws for the government of the affairs of the District. They will not conflict with the Constitution and By Laws of The American Legion Riders of Colorado. A copy of the District Constitution and By Laws will be forwarded to the State Secretary of The Riders State Board.
Section 13: Expenses of District Officers: The expenses incurred by District Officers to attend State Board meetings and/or other state functions will be funded at the discretion of the District.
ARTICLE VI
DISCIPLINE
Section 1: Suspension or Expulsion of Members: Each district may suspend or expel a member upon charges of disloyalty, neglect of duty, dishonesty, or other conduct unbecoming a member of The American Legion Riders of Colorado. All charges must be made in writing and will be served personally or by mail addressed to the accused at their last known address at least five (5) days prior to a hearing and service shall be complete upon mailing. Notice of the day, time and place of the hearing will be served with the charges. The hearing will be held at a regular or special meeting of the American Legion Rider of Colorado District Board, in which the accused is a member. The decision of the American Legion Riders District Board will be final. A record of the proceedings will be kept on file with the District Secretary and a copy provided to the Secretary of the State Board. The accused may appeal the District’s decision within ten (10) days in writing to the American Legion Riders State Board. That appeal will be heard upon record only, without evidence or hearing, and the decision of the majority of the State Board will be final. This suspension or expulsion will only be for membership in the American Legion Riders of Colorado and not The American Legion, The American Legion Auxiliary, or Son’s of the American Legion.
Section 2: Removal or Other Punishment of District Officers: The American Legion Riders District Board may suspend or expel a member upon charges of disloyalty, neglect of duty, dishonesty, or other conduct unbecoming a member of The American Legion Riders of Colorado. All charges must be made in writing and will be served personally or by mail addressed to the accused at their last known address at least five (5) days prior to a hearing and service shall be complete upon mailing. Notice of the day, time and place of the hearing will be served with the charges. The hearing will be held at a regular or special meeting of the American Legion Riders District Board, in which the accused is a member. The decision of the American Legion Riders District Board will be final. A record of the proceedings will be kept on file with the District Secretary and a copy provided to the Secretary of the State Board. The accused may appeal the District’s decision within ten (10) days in writing to the American Legion Riders State Board. That appeal will be heard upon record only, without evidence or hearing, and the decision of the majority of the State Board will be final. This suspension or expulsion will only be for membership in the American Legion Riders of Colorado and not The American Legion, The American Legion Auxiliary, or Son’s of the American Legion.
Section 3: Removal or Other Punishment of State Board Officers: The American Legion Riders of Colorado State Board may suspend or expel a State Board Officer upon charges of disloyalty, neglect of duty, dishonesty, or other conduct unbecoming a member of The American Legion Riders of Colorado. All charges must be made in writing and will be served personally or by mail addressed to the accused at their last known address at least five (5) days prior to a hearing and service shall be complete upon mailing. Notice of the day, time and place of the hearing will be served with the charges. The hearing will be held at a regular or special meeting of the American Legion Riders of Colorado State Board. The decision of the American Legion Riders State Board will be final. A record of the proceedings will be kept on file with the State Board Secretary. The accused may appeal the State Board’s decision within ten (10) days after the decision, in writing to the Department Executive Committee. The person appealing shall, within twenty (20) days after the decision, or as soon thereafter as is possible if the record cannot sooner be completed, file the record of the proceedings on the hearing with the Department Adjutant. The Department Commander, the Department Adjutant, or the Chairman of the Department Executive Committee shall then promptly call a meeting of said Committee to consider the appeal. The appeal shall be heard upon the record only, without further evidence or hearing, and the decision of the majority of said Committee, in the presence of a quorum, shall be final. Said Committee may impose the same, or greater or lesser punishment, or acquit the accused. The cost of the record on appeal shall be paid, before the same is filed, by the appellant. In the event said Committee shall reverse the decision, the appellant, if he be the accused, shall be reimbursed such cost by the American Legion Riders of Colorado State Board.
ARTICLE VII
DISSOLUTION
Section 1: In the event of dissolution of the American Legion Riders of Colorado, the membership will assign all assets to the Department of Colorado in accordance with the Section (501)(c) (19) of the Internal Revenue Code. None of the funds shall inure to the benefit of individual members.
ARTICLE VIII
AMENDMENTS
Section 1: The Bylaws may be amended at any regular meeting of the American Legion Riders of Colorado provided 30 days written notice shall have been given to the membership in advance of the date the proposed By law changes are to be voted on. A two-thirds vote of those present at a District meeting is required. Results will be brought to the State Board meeting, in writing, by the District Committeeman. Votes will be tallied and results recorded and presented at that meeting.
Final approved of the Constitution and Bylaws by The American Legion Department Executive Committee on this day, June 26th 2007. Submitted by Christopher F Bell Bylaw chairman, American Legion Riders of Colorado.