From time to time, Post 66 is informed by members that the district or department has made a new policy that Post 66 must follow. When this happens, we should probably look at such statements with a jaundiced eye, based on past experiences with similar statements. Post 66 is an independent non-profit corporation under California law and as such fall under 36 U.S.C. Section 21704.
The United States Code (U.S.C.) is a consolidation and codification by subject matter of the general and permanent laws of the United States. It is prepared by the Office of the Law Revision Counsel of the United States House of Representatives. The complete U.S. Code is found at https://uscode.house.gov/browse.xhtml
The 2023 Officer’s Guide (2023 Officers Guide) states:
“Please see 36 U.S.C. Section 21704: The Corporation (The American Legion) may provide guidance and leadership to organizations (departments) and local chapters (posts) … but may not control or otherwise influence the specific activities and conduct of such organizations (departments) and local chapters (posts).”
Post 66 is required to follow mandatory reporting requirements, policies and procedures that are clearly defined in The American Legion national and Department of California bylaws, to keep our American Legion Charter. However, the District and Department of California has no authority to “control or otherwise influence” how we conduct the business of Post 66. Our business is our business!
