August 08, 2022

National judge advocate shares must-read American Legion materials

By The American Legion
Dispatch

Seavey reiterates the importance for Legionnaires to read the 2022 Officer’s Guide and Manual of Ceremonies.

During the June virtual Training Tuesday session, American Legion National Judge Advocate Mark Seavey discussed legal issues regarding the Legion’s Constitution and By-Laws, trials and Form 990. Throughout the training, Seavey reiterated the importance for Legionnaires to read the 2022 Officer’s Guide and Manual of Ceremonies (download at www.legion.org/publications under Internal Affairs), as well as their department/post Constitution and By-laws. 

“Departments should put their Constitution and By-laws online,” Seavey said during the training. “This allows members to understand what’s going on, what say they have, (and it will) cut down on questions that we (national) don’t have any ability to control.”

He also reminded listeners that the Officer’s Guide and Manual of Ceremonies provides a step-by-step guide on the practice and procedure in the expulsion or suspension of a member in The American Legion. “If you have a question about a trial, read this (manual) first,” Seavey said, adding that there must be 15 days between the time you served the person with their charges and the time that the next regularly scheduled meeting for that post is. “It has to be 15 days; don’t come to me with 14.”

With the Form 990, “If you do not file Form 990 in a three-year window, the IRS can revoke your tax-exempt status,” Seavey said. “That means for the previous three years anything that went through your post, you will now have to pay taxes on. I have seen IRS bills come due to a post for over $200,000.” 

If a post needs to contact the IRS regarding this form, please email legal@legion.org.

Listen to the recorded session at www.legion.org/training/training-tuesdays.

 
  • Dispatch