Resolutions of the 2024 Department of Minnesota Convention

By Mike Maxa

Note: The Department Executive Committee passed two resolutions before the Appreciation Rally at Montgomery Post 79 in March. Resolution No. 2024-06 extends burial benefits to veterans who had opted for a plaque or urn. Resolution No. 2024-07 broadens eligibilty for VA loans. They were reported upon in the April issue and already have been forward to National HQ. Resolution No. 2024-01 was a modification to the Department Strategic Planning Committee the DEC approved in 2023.

 

Department of Minnesota Resolution No. 2024-02

Resolution No.: 2024-02

Date Received: 18 October 2023

Title: Assessing the Effects of Anthrax Vaccinations on Veterans, Service Members and National Guard Personnel

Author: Department Servicer Officer Ray Kane and Assistant Department Service Officer Janet Lorenzo

WHEREAS, anthrax is a potentially lethal infectious disease caused by the Bacillus anthracis bacteria, and

WHEREAS, military personnel, including veterans, may be at an increased risk of exposure to anthrax due to their service and occupational duties, and

WHEREAS, the anthrax vaccination was a preventive measure employed by the armed forces to protect personnel against the potential threat of anthrax, and

WHEREAS, concerns have been raised regarding the potential effects of the anthrax vaccination on the health and well-being of veterans who have received the vaccine, and

WHEREAS, it is essential to comprehensively assess and understand the short-term and long-term effects of the anthrax vaccination on veterans in order to provide appropriate medical care and support, Now, therefore, be it

RESOLVED, By The American Legion Department of Minnesota urges the U.S. Department of Veterans Affairs (VA), the Veterans Health Administration (VHA), the Department of Defense (DOD), the Food and Drug Administration (FDA), and the Department of Health (DOH) to initiate a thorough and independent investigation to evaluate the effects of anthrax vaccinations on veterans, and be it further

RESOLVED, That the investigation shall aim to assess the short-term and long-term health outcomes associated with the anthrax vaccine in veterans, including any potential side effects or adverse reactions, and be it further

RESOLVED, That the investigation will consider the medical records, experiences, and testimonies of veterans who have received the anthrax vaccine, as well as relevant scientific research and literature on the subject with the US Department of Veterans Affairs Office of Research and Development, and be it further

RESOLVED, That the findings of the investigation shall be made publicly available in a timely manner, ensuring transparency and accessibility for both veterans and the general public based on the investigation’s outcomes, and be it further

RESOLVED, That responsible governmental authorities shall take necessary steps to provide appropriate medical care, support, and guidance to veterans who may have been affected by the anthrax vaccination, and be it finally

RESOLVED, that this resolution be forwarded to the National Adjutant of the American Legion for presentation to and action by the American Legion National Executive Committee in session at the spring meetings in Indianapolis, IN.

 

Department of Minnesota Resolution No. 2024-03

Resolution No.: 2024-03

Date Received: 6 November 2023

Title: Clarify and restate the intent of Article II, Section 2 of the National American Legion Constitution and By-Laws.

Author: Paul Edwards, Department of Minnesota Vice Commander

WHEREAS, the charter of the American Legion states under § 21706. Political activities, “The corporation shall be nonpolitical and may not promote the candidacy of an individual seeking public office”, and

WHEREAS, Article II, Nature, Section 2 states, “The American Legion shall be absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment”, and

WHEREAS, The American Legion uses political methods in support of its legislative agenda and priorities to support the four pillars of the American Legion, and

WHEREAS, The American Legion has Legislative Committees and Chairs at the national, department and district levels whose function it is to use political methods to work with federal and state legislators to support The American Legion’s policies, legislative agenda, and programs, and

WHEREAS, many Legionnaires interpret Article II, Section 2 to mean that Legionnaires are forbidden to hold or express a political opinion on any topic, and

WHEREAS, the definition and interpretation of the word “political” has changed since the Constitution was first written, now therefore be it

RESOLVED, by the members of the Department of Minnesota Executive Board in regular meeting assembled that Article II, Section 2 of the National Constitution be changed from, “The American Legion shall be absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.” To read “The American Legion shall use political tools and methods in pursuit of legislative action to support the furtherance of its legislative priorities and agendas but shall be absolutely nonpartisan and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment” and be it further

RESOLVED, that this resolution be presented for consideration to the Department of Minnesota Convention to be convened at Wilmar, Minnesota on July 11-13, 2024, and be it finally

RESOLVED, that upon approval this resolution be forwarded to the National Adjutant for presentation and consideration at the National Convention to be held New Orleans, LA, on August 23-29, 2024.

 

Department of Minnesota Resolution No. 2024-04

Resolution No.: 2024-04

Date Received: 8 November 2023

Title: Supporting Operation Green Light for Veterans Constitution and By-Laws.

Author: MN American Legion College 14 October 2023 Class

 

WHEREAS, the American Legion Posts and all affiliated entities, have great respect, admiration, and the utmost gratitude for all the men and women who have selflessly served our country and this community in the Armed Forces; and

WHEREAS, the contributions and sacrifices of those who served in the Armed Forces have been vital in maintaining the freedoms and way of life enjoyed by our citizens; and

WHEREAS, the American Legion Posts and all affiliated entities, seeks to honor individuals who have made countless sacrifices for freedom by placing themselves in harm’s way for the good of all; and

WHEREAS, veterans continue to serve our community in the American Legion, Veterans of Foreign Wars, religious groups, civil service, and by functioning as County Veterans Service Officers in 29 states to help fellow former service members access more than $52 billion in federal health, disability and compensation benefits each year; and

WHEREAS, approximately 200,000 service members transition to civilian communities annually; and

WHEREAS, an estimated 20 percent increase of service members will transition to civilian life in the near future; and

WHEREAS, studies indicate that 44-72 percent of service members experience high levels of stress during transition from military to civilian life; and

WHEREAS, active military service members transitioning from military service are at a high risk for suicide during their first year after military service; and

WHEREAS, the National Association of Counties encourages all counties, parishes and boroughs to recognize Operation Green Light for Veterans; and

WHEREAS, the American Legion Posts and all affiliated entities, appreciates the sacrifices of our United States military personnel and believes specific recognition should be granted; therefore, be it

RESOLVED, with designation as a Green Light for Veterans County, the American Legion Posts and all affiliated entities, hereby declares through the month of November as a time to salute and honor the service and sacrifices of our men and women in uniform transitioning from active service; therefore, be it further

RESOLVED, that in observance of Operation Green Light, the American Legion Posts and all affiliated entities, encourages its citizens in patriotic tradition to recognize the importance of honoring all those who made immeasurable sacrifices to preserve freedom by displaying green lights in a window of their place of business or residence from November 6th through the 12th, 2024, therefore, be it finally

RESOLVED this resolution be forwarded the Department of Minnesota for approval at the Department Convention held in Wilmar MN July 11-13, 2024 and upon approval be forwarded to the National American Legion for approval at the Nation Convention be held in New Orleans, August 23-29, 2024.

 

Department of Minnesota Resolution No. 2024-05

Resolution No.: 2024-05

Date Received: 8 November 2023

Title: Electronic Recognition Certificates

Author: MN Legion College, 14 October 2023 Class

WHEREAS, The American Legion, which is an organization decreasing in membership and whose membership is greatly valued, and it is the goal of the American Legion to increase and maintain membership, and the American Legion should recognize the value of its members years of service and show appreciation of achievement, and

WHEREAS, Emblem Sales carries recognition certificates for very low cost, the loss of sales would be offset by saved wages, employee benefits, material handling savings and efficiency increase by not carrying this low dollar item, and therefore be it

RESOLVED electronic certificates be made available free of charge to posts, and these certificates be available through the myLegion.org website with years of service, and these certificates carry the uploaded signature of the National Commander in a manner comparable to our current membership cards, and be it further

RESOLVED this resolution shall be approved and forwarded to the Minnesota Department Convention held July 11-13, 2024, in Wilmar, Minnesota and therefore be it finally

RESOLVED the approved resolution be forwarded to the American Legion National Convention held August 23-29, 2024, in New Orleans, Louisiana.

 

Department of Minnesota Resolution No. 2024-08

Resolution No.: 2024-08

Date Received: 30 April 2024

Title: Paid Up for Life Pricing Structure

Author: MN American Legion College April 2024 Class

WHEREAS, The American Legion is committed to encouraging veteran membership into perpetuity by offering Paid Up for Life (PUFL) memberships, and

WHEREAS, the current American Legion PUFL membership is based upon a member’s age according to legion.org which states “Age is the primary component used in the new pricing structure…”, and

WHEREAS, the flat rate would increase the number of PUFL memberships and assist the American Legion in achieving their goals, and

WHEREAS, the current PUFL membership rates actually work contradictorily towards encouraging PUFL membership now, therefore, be it

RESOLVED, this Resolution would significantly benefit veterans by providing them with a flat rate of $750 for all PUFL memberships, and be it further

RESOLVED, that the approved resolution be forwarded to the Department Adjutant for presentation to the Minnesota Department of the American Legion in convention assembled at Willmar, Minnesota on July 11 through 13, 2024; and be it finally

RESOLVED, that the resolution be approved and forwarded to the National Adjutant for presentation to the National Legion in convention assembled at New Orleans, Louisiana on August 23 through 29, 2024.

 

Department of Minnesota Resolution No. 2024-09

Resolution No.: 2024-09

Date Received: 30 April 2024

Title: Burial Equity for Guard & Reserve Act 2021

Author: MN American Legion College April 2024 Class

WHEREAS, some reserve and guard veterans are true veterans even though they do not qualify fully for all the benefits as the veteran definition used federally for a standard for burial in a National Veteran Cemetery; and

WHEREAS, we feel the Legion should support all members of the guard and reserves, their spouses, and children to be eligible for burial at state owned veteran’s cemeteries; and

WHEREAS, Public law 117-103 known as The Burial Equity for Guards and Reserves Act signed into law by the President on March 15, 2022 (see attached) allows states to establish a condition for a grant to allow certain Guard, Reserves, and Reserve Officer’s Training Corps individuals and their dependents to be interned in state cemeteries if the state so wishes; and

WHEREAS, guard and reserve veterans put on the uniform, made themselves available to be called to active duty as needed, put their families under the same stresses of time away for training to be able to serve our country, and were under the same call up and stop loss orders as those who had served on active duty; and therefor be it

RESOLVED, that the American Legion College Department of Minnesota class held at Camp Ripley on April 25 through April 28, 2024 that the American Legion Department of Minnesota strongly support, advocate, and lobby to lawmakers in Minnesota and any relevant Minnesota state entities to expand burial qualifications in Minnesota State Veteran cemeteries as permitted by the Burial Equity for Guards and Reserves Act, and be it finally

RESOLVED, that upon approval this resolution be forwarded to the Department Adjutant for presentation to the Minnesota Department of the American Legion in convention assembled at Wilmar, Minnesota on July 11 through July 13, 2024.

 

Department of Minnesota Resolution No. 2024-10

Resolution No.: 2024-10

Date Received: 30 April 2024

Title: Medical Records Filed with the VA & NPRC-MPR

Author: MN American Legion College April 2024 Class

WHEREAS, currently the veteran’s military medical records are only sent to the National Personal Records Center, Military Personnel Records (NPRC-MPR) in St. Louis, Missouri; and

WHEREAS, currently, a veteran must submit a Form VA 10-5345A to obtain their records; and

WHEREAS, this will streamline the process for the Veteran Administration to obtain veterans’ medical service records; and

WHEREAS, veterans’ medical records may have errors, omissions, and/or irregularities that the veteran can efficiently correct prior to their submission to their local Veterans Administration; and

WHEREAS, this will provide the opportunity for the veteran to update, correct, and modify their medical service record for their local VA; therefore, be it

RESOLVED, upon separation from the military, all veterans be given the opportunity to have a copy of their military medical records sent to the Veterans Administration Center of their choice, as well as the National Personal Records Center – Military Personnel Records (NPRC-MPR) be it further

RESOLVED, by the American Legion College Class April 25-28, 2024, be it further

RESOLVED, that upon approval this resolution be forwarded to the Department of Minnesota for presentation and consideration at the Department Convention in Willmar, MN July 2024 be it finally

RESOLVED, upon approval this resolution be forwarded to the National Adjutant for presentation and consideration at the National Convention, in New Orleans, Louisiana August 2024

 

Department of Minnesota Resolution No. 2024-11

Resolution No.: 2024-11

Date Received: 8 May 2024

Title: Membership Annual Dues Increase

Author: Department Finance Committee

WHEREAS, The American Legion is an organization of War Veterans who have dedicated themselves to the service of the Community, State and Nation; and

WHEREAS, This service is performed through The American Legions Four Pillars; and

WHEREAS, Membership is the driving force of The American Legion, Department of Minnesota; and

WHEREAS, Membership is declining and the income from membership dues is declining to perform The American Legion’s basic programs; and

WHEREAS, It is the recommendation of the Department Finance Committee, in meeting held at the Elk River Post 112, Elk River MN on September 19, 2023, and briefed to the Executive Committee on October 26, 2023, that a dues increase is necessary for the 2025 membership year in order to ensure long term solvency for the Department of Minnesota; now, therefore be it

RESOLVED, The American Legion, Department of Minnesota Finance Committee, recommends a $3.00 increase in Department dues for the 2025 membership year effective at the close of the 105th American Legion Department of Minnesota convention and, be it finally

RESOLVED, This resolution is sent to The American Legion, Department of Minnesota, 105th convention assembled in Willmar MN, Jul 11-13, 2024, for concurring action.

 

Department of Minnesota Resolution No. 2024-12

Resolution No.: 24-12

Date Received: 20 May 2024

Title: Female Wearing of The American Legion Cap Exceptions

Author: Rev. Kelley Adelsman, 3rd District, Dept. of MN American Legion

WHEREAS, The American Legion Officer’s Guide and Manual of Ceremonies defines female Legionnaires exceptions of wearing The American Legion cap: “Female Legionnaires should wear their caps in the manner prescribed for women in the armed forces. This is suitable for most situations, but taste and common sense should prevail. By American Legion tradition, a

female Legionnaire may leave her cap on during the Pledge of Allegiance, the National Anthem, prayer and meals.”; and

WHEREAS the need for equality in decision-making, leading and managing for women veterans in The American Legion has yet to be achieved, and

WHEREAS in 1993 women were finally allowed to fly in a combat role in the United States (U.S.) Armed Forces; and

WHEREAS in 2016 all combat roles finally became available to women, and

WHEREAS, in 2020 the U.S. Navy issued the same style, type of headgear/hat to females as male counterparts; and

WHEREAS, females serving in the U.S. Armed Forces: active duty, Reserve component or National Guard do not have any gender exceptions in observing headgear etiquette; and

WHEREAS, The American Legion observes equality but has this exception for ‘taste and common sense’, which are vague subjective terms, to female Legionnaires; and

WHEREAS, The American Legion’s current cap removal exceptions for females of when to

render honor and politeness is a barrier and a step back in customs to the female veterans who have finally attained the right to serve alongside their male counterparts in the United States Armed Forces, now, therefore be it

RESOLVED, to remove language in The American Legion Officer’s Guide and Manual of Ceremonies separating female uniform cap practices different from males, such as: ‘Female Legionnaires should wear their caps in the manner prescribed for women in the armed forces. This is suitable for most situations, but taste and common sense should prevail. By American Legion tradition, a female Legionnaire may leave her cap on during the Pledge of Allegiance, the National Anthem, prayer and meals’ and be it further

RESOLVED, this resolution be forwarded to the Department Adjutant for presentation to the Minnesota Department of The American Legion convention assembled at Willmar, Minnesota on Jully 11-13, 2024; and be it finally

RESOLVED, that the resolution be approved and forwarded to the National Adjutant for presentation to the National American Legion in convention assembled at New Orleans, Louisiana on August 23-29, 2024.

 

Department of Minnesota Resolution No. 2024-13

Resolution No.: 2024-13

Date Received: 11 June 2024

Title: National Convention Delegate Allotment

Author: Department Finance Committee

WHEREAS, The American Legion Department of Minnesota gives each department district an allotment to help offset costs for their elected delegates to attend the national convention, and

WHEREAS, The current formula, as outlined in the 1949 mandate in the department constitution and bylaws which states “That the Department shall contribute toward the delegates to National Conventions on the basis of two delegates for the first four thousand members or major fraction thereof in each District and one additional delegate for each additional four thousand members or major fraction thereof in each District plus the regular delegates-at-large,” is outdated, and

WHEREAS, With the decline in membership, the current formula creates inequities across the districts and its delegates, and

WHEREAS, As it currently reads, a district that is authorized two delegates receives two allotments per the amount as established by the department finance committee, and a district that is authorized ten delegates based on their membership could have only three allotments, and

WHEREAS, This creates a substantial difference in the dollar amount each individual delegate receives from their respective districts, which is notably unfair, now, therefore be it

RESOLVED, The 1949 mandate in the department constitution and bylaws “That the Department shall contribute toward the delegates to National Conventions on the basis of two delegates for the first four thousand members or major fraction thereof in each District and one additional delegate for each additional four thousand members or major fraction thereof in each District plus the regular delegates-at-large” be rescinded; and be it further

RESOLVED, That the national convention delegates of the American Legion, Department of Minnesota, as elected by their respective districts are provided an allotment, at an amount set by the Department Finance committee, to help offset expenses at the national convention and, be it further

RESOLVED, That all allotments be provided to individual delegates, both district and at-large delegates, for equal amounts establishing equality for each delegate attending the national convention and, be it finally

RESOLVED, That a copy of this resolution be sent to The American Legion, Department of Minnesota, in convention assembled in Willmar, Minnesota, July 11-13, 2024, for concurring action.

 

Department of Minnesota Resolution No. 2024-14

Resolution No.: 2024-14

Date Received: 18 June 2024

Title: Reduce Training Committee Members

Author: Department Training Committee

WHEREAS, Resolution 2020-1 established the Training Committee consisting of eight (8) members assigning three (3) to be responsible for MyLegion.org training and five (5) members to serve as a committee to establish a Legion College, including curriculum, date, and place of training, and

WHEREAS, a resolution passed by Executive Committee at La Crescent, MN confirmed the makeup of the Training Committee at seven (7) members and established that the entire committee had responsibility for both the College and MyLegion.org, and

WHEREAS, the Department of Minnesota Legion College has conducted five (5) sessions at Camp Ripley with great success proven by a number of students who have moved into more responsible positions in the American Legion at post, district and department levels, and

WHEREAS, seven (7) staff members has proven to be more than necessary, adding unnecessary expense to the operation of the college, in the form of per diem, mileage and cost of lodging, and

WHEREAS, necessary training that falls outside the expertise of the assigned staff has been conducted by experts in their field such as the Department Judge Advocate, the Department Service Officer, a suicide prevention counselor and others, now therefore be it

RESOLVED, that the assigned number of staff members of the Department of Minnesota Legion College be reduced from seven (7) to six (6), and be it further

RESOLVED, that the assigned staff members will serve for (1) 5-year term, (1) 4-year term, (1) 3-year term, (1) 2-year term, and (2) 1-year terms, with the committee electing their own Committee Chair, and be it finally

RESOLVED, that a copy of this resolution be sent to The American Legion, Department of Minnesota, in convention assembled in Willmar, Minnesota, July 11-13, 2024, for concurring action.

 

Department of Minnesota Resolution No. 2024-15

Resolution No.: 2024-15

Date Received: 25 June 2024

Title: VA Pension Program

Author: Department Service Officer Ray Kane

WHEREAS, The Veterans Affairs’ Veterans Pension program provides monthly payments to wartime Veterans who meet certain age or disability requirements, and who have limited income and net worth within certain limits, and

WHEREAS, net worth requirements are laid out under § 3.274 and does not have an annual income in excess of the applicable maximum annual pension rate specified in § 3.23; and (vi)(A) is age 65 or older, and

WHEREAS, your yearly family income and net worth must meet certain limits set by Congress, and your net worth includes all personal property you own (except your house, your car and most home furnishings), minus any debt you owe, and your net worth includes the net worth of your spouse, and

WHEREAS, you must be at least 65 years old or have a permanent and total disability or be a patient in a nursing home for long-term care because of a disability or are getting Social Security, Disability Insurance, or Supplemental Security income, and

WHEREAS, when a Veteran or spouse is in receipt of VA Disability Pension, the VA currently does not have a limit on how far back the VA can look regarding income on running awards, and

WHEREAS, the Social Security look back period begins the date of one’s Medicaid application for long-term care, and generally speaking, the “look back” is 60 months, {5 years}, and

WHEREAS, the Social Security Administration redetermines eligibility and benefit amounts of most recipients once every 1 to 6 years, and when you report a change that affects eligibility or payment (for example, marriage), they may review your record for other factors of eligibility such as income or resources for Social Security Supplemental Income program, and

WHEREAS, the Internal Revenue Service has a 3-year lookback for general audits, and

WHEREAS, the VA can and has caused severe hardship with the income look back having no limits going back as far as 30 years, now, therefore be it

RESOLVED, that the National Organization of The American Legion appeal to the US Veterans Affairs to put in place a 5 year look back for income, and be it further

RESOLVED, that this resolution be forwarded for Presentation to the Department of Minnesota Convention July 11-13, 2024 in Willmar, MN. for adoption, and be it finally

RESOLVED, that this resolution be forwarded for presentation to the American Legion National Convention August 27-29, 2024, in New Orleans, LA for consideration and adoption.