NECman: Entire Legion must learn the 4 rules

By Carl Moon
American Legion National Headquarters
Carl Moon

Our national commander, Dan Wiley, from Kansas, continues the Legion’s Mission of “Be the One” especially during the holiday season.

His personal theme is “Better Together,” which relates to all of the Legion Family members. Commander Wiley also asked that every Legion post do something to celebrate our country’s 250th anniversary

This coming year, participate in local parades, have an open house with family-friendly events, or join in with other community organizations to help make this a memorable celebration.

At the Fall NEC meeting in Indianapolis, National Judge Advocate Mark Seavey stressed two main issues. First, if anyone, from a post, district or department wants to contact his office about an issue, that:

  • You first review your respective constitution & bylaws, which in most cases, will address your concerns.
  • You know the four rules of an American Legion program. This applies to all programs and specifically the SAL.
  • You ensure leadership at all levels must be knowledgeable on what the rules governing veterans and nonprofit organizations are, and safeguard the integrity of our organization by ensuring that no person or group jeopardizes our future by operating in a manner not consistent with the laws and regulations set by Congress and the IRS.

I provided all district commanders, attending the Minnesota Fall Conference with a copy of Judge Seavey’s Legal Opinion and the Four Rules.

Department of Minnesota Judge Advocate Greg Colby also presented this very important legal issue at the Fall Conference.

Judge Seavey’s legal opinion with the four rules has been sent out to all department commanders, adjutants, judge advocates and NECmen. Find it by scrolling down.

All posts must have a copy of this and review it ASAP.

I want to thank everyone for the privilege of being your NEC for the 2025-27 membership years. I especially want to thank both Bill Barbknecht, Past NEC, and my favorite Legionaire, Past Alternate NEC Peggy Moon, for their guidance and support as I assume this new position.

Happy Thanksgiving, Merry Christmas, & Happy Year!

Carl Moon of Zimmerman Post 560 is the National Executive Committeeman for the Department of Minnesota.

 

The four rules of an American Legion program

By Mark Seavey, national judge advocate

Whether a program is chartered by a post, department or national, it is incumbent on The American Legion that we control the actions of that program to best meet the needs of our organization, provide oversight and protect the brand.

Therefore, when a body sets up a program, whether it’s a Sons of The American Legion squadron or an American Legion Riders chapter, the program itself must be answerable to the body which chartered it.

Rule No. 1: “Leadership.” All elected and appointed leaders must be confirmed by the parent organization after each selection, or as needed.

Rule No. 2: “Rules.” All bylaws, amendments and/or standing rules must be presented to the parent organization for confirmation and approval prior to use.

Rule No. 3: “Reports.” The program will provide to the parent organization: (a) monthly activities reports; (b) quarterly financial reports; (c) an annual financial statement; and (d) any additional report(s) requested by the parent organization.

Rule No. 4: “Controls.” The parent organization may provide the program with the employer identification number (EIN) and the tax-exemption status with the necessary financial controls over their usage. All program financial accounts must have a minimum of two (2) parental signatories appointed by the parent organization.

“Parent Organization” denotes an American Legion organization level as it relates to the program at the post, district, department and/or the national organization.

This will alleviate confusion and problems that sometimes occur when a program initiated in good faith by a parent organization gradually falls out of favor and begins to act as an independent body without answering to the parent affiliate. Any programs that use the name “American Legion” must follow these four rules so that national does not have to enforce intellectual property rights against a subsidiary organization using our name.