ARTICLE I - NAME, OBJECTIVES and ORGANIZATION
SECTION 1 The name of this organization shall be THE AMERICAN LEGION, DEPARTMENT OF HAWAII (hereafter, the Department) and shall be located in Honolulu, Hawaii.
SECTION 2 The objectives of The American Legion shall be as set forth in the Preamble to this Constitution. The American Legion is a non-political, civilian organization of the people who have served honorably in the Armed Forces of the United States.
ARTICLE II - ELIGIBILITY
SECTION 1 Eligibility for membership shall be established in the National Constitution of The American Legion. There shall be no class of membership except an active membership with dues paid annually or Paid-up-for-life (PUFL).
SECTION 2 No person may be a member at any one time of more than one Post.
ARTICLE III - OFFICERS AND THEIR ELECTION
SECTION 1 The delegates of the Department Convention shall elect, in odd numbered years, a National Executive Committeeman and an Alternate National Executive Committeeman for a two year term.
SECTION 2 The delegates of the Department Convention shall elect each year,
a. A Department Commander
b. A Department Senior Vice Commander
c. Seven Department Vice Commanders, one each representing Honolulu District No. 1; Leeward Oahu District No. 2; Windward Oahu District No. 3; Island of Hawaii District No. 4; Maui, Molokai, Lanai District No. 5; and Kauai District No. 6; and Australia-New Zealand District No. 7.
SECTION 3 The elected Officers shall be installed and take office immediately after adjournment of the Convention at which they were elected and shall serve until their successors are elected and installed. All Officers as well as Members of Commissions and Committees of the Department, who cannot perform their duties should resign, otherwise the office may be declared vacant and filled by the Department Commander. The Department Commander, with the concurrence of a majority of the Executive Committee may remove any elected Officer who neglects his duties to The American Legion at any level provided charges are written and the elected Officer removed retains all rights of appeal.
SECTION 4 The Department Commander shall appoint a Department Adjutant, Chaplain, Sergeant-at-Arms, Finance Officer, Judge Advocate, Historian, Service Officer and Membership Chairman. They shall take office immediately after their appointment and ratification by the Executive Committee.
SECTION 5 The Department Executive Committee shall consist of all officers specifically named in ARTICLE III, Sections 2 and 4, the National Executive Committeeman, Past National Officers, Past Department Commanders in good standing and one Department Executive Committeeman elected from each Post in good standing with the Department. When a member’s Post is no longer in good standing, that member’s position on the Executive Committee shall be deemed vacant.
SECTION 6a Members who wish to stand for election to the offices of Department Commander and Department Senior Vice Commander will be deemed eligible candidates only if they have served as Commander at the Post or District level for at least one complete term.
SECTION 6b Candidates for National Executive Committeeman and Alternate National Executive Committeeman will be deemed eligible candidates only if they have served as Department Commander, Department Senior Vice Commander or District Vice Commander for at least one complete term.
SECTION 6c Candidates for District Vice Commanders will be deemed eligible candidates only if they have served as Commander at the Post level for at least one complete term.
SECTION 7 A member may hold as many appointive positions as is deemed reasonable and in keeping with his abilities, but may hold only one elective position at department level at any one time.
ARTICLE IV - MEETINGS
SECTION 1 The Convention, which shall convene annually, is the governing body of The Department. The location of the convention shall be established by the preceding Convention using a procedure whereby two consecutive Conventions will be held on Oahu while a third may be held elsewhere in the Department. The time shall be set by the Executive Committee, but not less than three weeks prior to the convening of the National Convention. When the Convention does not select a location or the Convention cannot be accommodated at the location selected, the Executive Committee shall establish both date and location.
SECTION 2 The Executive Committee is the governing body of the Department between Conventions and shall meet at the place of the Convention within twenty-four hours of the adjournment of the Convention. Thereafter, the Executive Committee shall meet at the call of the Department Commander but at least once every two months.
SECTION 3 The Department Executive Council, consisting of the Commander, Senior Vice Commander, Adjutant, Finance Officer, and Judge Advocate may meet prior to each Executive Committee meeting but function only to expedite matters before the full Committee.
SECTION 4 When attending official Legion meetings or ceremonies or as official guests at patriotic and civil functions or when officially representing The American Legion on public occasions, the Legion cap, uniform and regalia should be worn by Legionnaires. They should not be worn at religious, social and other non-appropriate gatherings. For all ceremonies, the uniform shall be an official American Legion cap with optional coat and tie or Post shirts. The Official Legion Cap was established by the National Executive Committee, Resolution 58 in 1964 and may be obtained from National Emblem Sales. Post caps are blue, Department caps are white, and National caps are red. The left (emblem) side of the cap can only contain The American Legion Emblem and gold lettering identifying the Post, District or Department (Posts under the jurisdiction of Department of Hawaii shall have “HAWAII” embroidered on left side of cap). American Legion or Military insignia and/or decorations must be attached on the right side of the cap. Fraternal or civil organization insignia shall not be worn on American Legion caps.
ARTICLE V - AMENDMENTS
SECTION 1 The Constitution may be amended at any Department Convention by a vote of two-thirds of the registered delegates present, provided that the proposed amendments shall have been submitted to the Department Adjutant at least sixty days prior to the convening of the next Department Convention and that the Department Adjutant then submit to all Posts a copy of the proposed amendments at least thirty days prior to the Convention. Amendments shall become effective upon approval.