THE AMERICAN LEGION DEPARTMENT OF TEXAS

1 THE AMERICAN LEGIONDEPARTMENT OF TEXASU niform Code of Procedure forDisciplinary ActionsRevised July 12, 2018 Table of ContentsTitle of Expelling, Suspending or Reprimanding Members of the AMERICAN Overview of the Steps in the Step 1 - Accuser Files Affidavit of Charges with the Post Accuser Files Affidavit of Members of the Same Specific Statute of Not Members of the Same Step 2-Adjutant Prepares a Citation and Presents to Sergeant-at-Armsfor Method of Alternate Server of Affidavit of Charges Attached to Return of Adjutant s Record of Step 3 - Sergeant-at-Arms Serves the Definition of Serving the Complete Return of Service Confirm Sufficient Affidavit in Support of

2 Citation by Serving by Publication in Step 4 - Accused Defaults by Not Appearing or Answering Chargesin Step 5 - Post Executive Committee Sets Trial Date; Pretrial Set Trial Date; Summons Motion for Motion to Designation of Step 6 - Sergeant-at-Arms Summons Prospective Jurors for Summon Less Than 18 Jurors Step 7 - The Jury is At Least 18 Jurors Draw First Set Up Courtroom for Voir Distribution of Juror Swear in Voir Dire by Judge Voir Dire by Voir Dire by Challenge for Peremptory Jurors and Swear in Step 8 - Post Judge Advocate Presides Over the Courtroom Set Up For Open Make a Cost of Suggested Step 9 - Jury Deliberates and Renders Jury Verdict Guilty Beyond a Reasonable Doubt.

3 2/3 Verdict Form for Each Suggested Step 10 - Post Verdict Not Disciplinary Order for Guilty Distribution of Disciplinary Step 11 - Court of (1) (2) Duties of (a) (b) Adjutant s Record of Procedure For Perfection of (1) File Letter of (a) 30-day Time (b) Extension of Deadline to (2) Compile Transcript and Adjutant s Record of (a) Accused Must Pay for (b) Post Judge Advocate to (3) DEPARTMENT Adjutant Dockets (4) Hearing on Appeal Pre-Hearing (1) Appellate File May Be (2) Pre-Hearing (3) May File (4) Judges and Judge Advocate to Receive Hearing (1) Record of (2) Call To (3) Motions (4) Decided Based on Procedural (5) Appellate (6) Appellate (1) Motion for (2) Response; Render Declaratory Judgment on Interpretation of Post Constitution and Revocation, Cancellation or Suspension of Post 18A.

4 Initiation of File With DEPARTMENT Signed Under Contents of Serve Post With Commence Charge May Be Filed By Rejection of Charge Cannot Be Resolution of DEPARTMENT Executive Contents of Contents of Amendment of Serve on Method of Service on Summons of Post Required to Answer Amended Legal Duties of Judge Hearing and Rules of Closed or Open Session; Witnesses Right to Confront Oral Continuation of Record of Report of Subcommittee to DEPARTMENT Executive File Report With Report To Be Post Representative May Partial Refusal to Take Notice of National Commander Appoints TEXAS National Executive Committeemen Excluded From Meeting of Deliberation of Subcommittee No Further Taxing of of of Forms and National By-Laws in Article IV, Section 2 states: Section 2.

5 Members may be suspended or expelled from the LEGION only upon a propershowing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conductunbecoming a member of The AMERICAN LEGION . All charges must be made under oath in writingby the accusers, and no member in good standing shall lose his membership until given a fair trialby the Post or DEPARTMENT in such manner and form as the DEPARTMENT By-Laws and DepartmentExecutive Committee shall prescribe. The National By-Laws in Article IV, Section 3 states: Section 3. Any member who has been suspended or expelled has the right of appeal to hisDepartment Executive Committee, or to the DEPARTMENT Convention, according to the provisions inthe By-Laws of such DEPARTMENT .

6 The decision of the DEPARTMENT shall be final. The Uniform Code of Procedure for the Revocation, Cancellation or Suspension of PostCharters, adopted by the National Executive Committee in 1941 prescribes the process for bringingdisciplinary charges against a post, the trial and any Expelling, Suspending or Reprimanding Members of the AMERICAN LegionA. Overview of the ProcessStep 1. Accuser files Affidavit of Charges with the Post 2. Adjutant prepares a Citation and presents to Sergeant-at-Arms for 3. Sergeant-at-Arms serves the 4. Accused defaults by not appearing or answering charges in 5.

7 Post Executive Committee sets trial date; Pre-Trial 6. Sergeant-at-Arms summons prospective jurors for 7. The jury is 8. Post Judge Advocate presides over the 9. Jury deliberates and renders 10. Post-Verdict 11. The Steps in the Process1. Step 1 Accuser Files Affidavit of Charges with the Post Adjutanta. Accuser Files Affidavit of Charges. To start a disciplinary proceeding, theAccuser must file a sworn Affidavit of Charges (Form 1) in triplicate with the PostAdjutant that recites in great detail the facts asserting the offense committed by Members of Same Post. The Accuser or Accusers must be members of the samepost as the Specific Charges.

8 In the Affidavit of Charges, the Accuser or Accusers shall setforth the charges of disloyalty, neglect of duty, dishonesty or conduct unbecominga member of The AMERICAN LEGION , fully and simply describing the facts of theoffense sufficiently so that the Accused may properly prepare a Statute of Limitations. The Affidavit of Charges must be filed within one yearof the incident or it will be barred by Not Members of the Same Post. An Accuser who is not a member of the postof the Accused may cause charges to be filed by the District, Division or DepartmentCommander through the Post Commander of the Step 2 - Adjutant Prepares a Citation and Presents to Sergeant-at-Arms for Servicea.

9 Citation. The Post Adjutant shall prepare a Citation (Form 2) that requires theAccused to appear at the next regular post meeting, provided that the Accused willhave 15 days between the date the Accused is served and the date of the regularmeeting. If the Accused will not have at least 15 days notice, not counting the dayof service or the day of the meeting, then the Adjutant should include the date of thefuture regular meeting that will provide the Accused at least 15 days Addressee. The Citation should be addressed to the Sergeant-at-Arms and signedby the Method of Service. The Citation should direct the Sergeant-at-Arms topersonally serve the Accused by personal delivery or to serve the Accused byCertified Mail, Return Receipt Requested (CMRRR).

10 If served by CMRRR, the dateof service will be the date the Accused signed the green card. If someone other thanthe Accused signed the green card, Service has not been Alternate Server of Citation. If the Sergeant-at-Arms is not available to servethe Accused, or if the Sergeant-at-Arms has an actual or appearance of a conflict ofinterest , any member of the Post in good standing can be directed to effect Affidavit of Charges Attached to Citation. The Citation should be attached tothe Affidavit of Charges to be served on the Return of Service. The Adjutant shall also prepare a Return of Service (Form 3)to be completed by the Sergeant-at-Arms, or other member in good standing, whenservice is effected by personal delivery, or by the person who mails the Citation andAffidavit of Charges Adjutant s Record of Documents.