Department Resolutions 2021

TALMN Resolution Number: 2021-1

Received: 8 February 2021

Originating Source:  Department Service Officer, Jeremy Wolfsteller, The American Legion Dept. Minnesota

Subject: The National Personnel Records Center Pandemic Response Regarding The Department  of Veterans Affairs Records Requests.

WHEREAS, The National Personnel Records Center (NPRC) is one of the National Archives and Records Administration’s (NARA) largest operations employing 1,000 personnel, and

WHEREAS, they are the central repository of personnel-related records for both the military and civil services of the United States Government, and

WHEREAS, their mission is to provide world class service to government agencies including the Department of Veterans Affairs, military veterans and their family members, former civilian Federal employees, the general public, and

WHEREAS, due to the COVID-19 pandemic, the National Personnel Records Center is closed except for emergencies regarding medical treatments, burials, or homeless veterans seeking admittance to a homeless shelter, and

WHEREAS, the National Personnel Records Center has not had sufficient on-site staff since March 2020 to respond to many other important requests due to the emergency executive order, including requests from the Department of Veterans Affairs related to veteran’s compensation or pension benefits, and

WHEREAS, the National Personnel Records Center plays a critical role in VA’s claims developmental process providing the Agency with military records requests, and

WHEREAS, the VA is approaching a claims inventory of 500,000 with over 200,000 claims backlogged pending over 125 days due to The National Personnel Records Center inability to virtually fulfill VA’s records request for military records prior to 2000, and

WHEREAS, modem military service records from the year 2000 to current are maintained electronically, most requests submitted to The National Personnel Records Center involve veterans who separated from the military prior to year 2000 that are only available in paper or microfilm formats, which require on-site access, now therefore it be

RESOLVED, by The American Legion, Minnesota, Department Executive Committee by email vote on 10 February 2021, that the National Personnel Records Center be provided the proper PPE to maintain a sufficient number of onsite staff to fulfill VA’s records requests pertaining to VA benefits while helping reduce VA’s claims inventory and backlog, and be it further

 RESOLVED, That the National Personnel Records Center provide a specific team of staff to digitize     veterans’ records for those who served prior 2000 so in the future staff can continue to fulfill VA’s record requests virtually for all era of veterans, and be it finally

RESOLVED, that, this resolution be forwarded to the National Executive Committee for their concurring action.

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DISTRIBUTED to: DEC                      DATE: 9 February 2021                        BY: Email

ACTION: Sent for a vote                      VOTE DATE: 10 February 2021         

RESULTS: Adopted

FORWARD ACTION: To NEC & National Library                  DATE: 11 February 2021

TALMN Resolution Number: 2021-2

Received: 12 February 2021

Originating Source:  District 7 Executive Committee

Subject: Membership Credit be Given immediately to Districts & Posts for Transferring Direct Mail Solicitation Members (DMS) and other Holding Post (MN Post 1982) At Large Members into Local Posts.

 WHEREAS, The American Legion was chartered and incorporated by Congress in 1919 as a patriotic veterans’ organization devoted to mutual helpfulness; and 

 WHEREAS, the American Legion prides itself as the largest wartime Veteran’s organization dedicated to mentoring youth and sponsorship of wholesome programs in our communities; and

 WHEREAS, membership is the backbone that allows The American Legion continued devotion to our fellow service members and veterans; and 

 WHEREAS, the American Legion encourages individuals to become members of the post that they desire and that can best serve both that individual’s preference and the overall goals and objectives of The American Legion; and 

WHEREAS, members that are recruited through the National Direct Mail Solicitation (DMS) program and other programs (i.e., electronic sources, web sites, etc.) are retained by the National & Department Holding Posts; and 

WHEREAS, National Resolution #16, dated May 4-5, 2016 stated “Departments have the ability to transfer Legionnaires from their headquarters post into a local post and give said posts credit for a new member during that membership year, which in turn provides a huge incentive for posts to actively pursue these members…” (included for reference), and

WHEREAS, National Resolution #34, dated October 14-15, 2020 RESOLVED: “6. Departments will receive immediate credit toward its national membership goals for DMS members who have paid dues for the upcoming year and transfers into a local/traditional post on or after July 1 of each membership year;” (included for reference) and

WHEREAS, National Resolution #34, dated October 14-15, 2020 finally RESOLVED: “That all departments are strongly urged and encouraged to make a good faith effort to engage, renew or transfer as many DMS-acquired members as possible from their department headquarters posts as it is in the best interests of the entire American Legion to do so.” (included for reference), and

WHEREAS, Maryland Department Adjutant Russell Meyers discussed Department Holding Post members during his presentation on Post Administration (see video available @ Training Tuesdays | The American Legion – seen at approximately 31-minute mark) and mentioned that some departments give districts & posts credit for these state-level holding post member transfers and some departments did not give credit, and

WHEREAS, failure to give districts and posts credit under the current membership year for DMS or other MN Post 1982 (At Large) members that are transferred into local posts would in fact serve as a deterrent to actively recruit these members; and 

WHEREAS, Article V Section 3 of The American Legion National Constitution states; coded DMS members acquired in each membership year shall count toward the respective department’s delegate strength 30 days out from the National Convention; and

WHEREAS, allowing districts and posts to count transferred Holding Post members in their membership counts would increase their chances of reaching their membership goals for the year; and 

WHEREAS, the American Legion encourages early payment of membership dues and allows members to pay dues for the upcoming year beginning July 1 of the current year; and

WHEREAS, Districts and posts have the ability to transfer Legionnaires from their Department At Large post into a local post and give said posts credit for a new member during that membership year, which in turn provides a huge incentive for posts to actively pursue these members; now, therefore, be it 

RESOLVED, by the District 7 Executive Committee of The American Legion in a meeting via electronic means on February 10, 2021, that districts and posts be afforded the same privileges with Direct Mail Solicitation (DMS) and other MN Post 1982 (At Large) member sources that are transferred into local posts through the District Revitalization Program, lists obtained from MyLegion.org or through the request of the member; and, be it further

RESOLVED, that districts and posts receive immediate credit toward its department membership goals for DMS and other MN Post 1982 (At Large) members who have paid dues for the upcoming year and transfers into a local post on or after July 1; and, be it further

RESOLVED, that no monies will be transferred to individual departments for individuals who have renewed as a first- or second-year member under the DMS Program, rendering this action, if approved, revenue neutral to the National and/or Department organizations, and thus, requiring no action from the Finance Commission; and be it finally

RESOLVED, that this resolution be forwarded to the Department Adjutant for consideration and action by the Department of Minnesota Convention regularly convened at Redwood Falls, MN on July 14-17, 2021 or the next available Department Executive Committee meeting.

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DISTRIBUTED to: Resolutions Committee (DEC)                    DATE: _6 Mar 21_______ BY: _Department_

ACTION: Recommended by Convention Committee to Pass        

VOTE DATE: 15 Jul 21                                                                                             RESULTS: _ P – F – R – S _ 

(other action________________________)

FORWARD ACTION: Department Minnesota Convention       DATE: 14-17 July 2021

 P=Passed – F=Failed – R=Received & Recorded – S=Sent Back

TALMN Resolution Number: 2021-3

Received: 18 February 2021

Originating Source:  The following resolution originated from American Legion Post 39

Subject: LEGION AND VFW FACILITY IMPROVEMENT LEGISLATION

WHEREAS, MN Statute 349.12 Subd. 25 Lawful Purpose (22) allows for legal gambling to expend no more than five percent of their gross profits from the previous year for the repair, maintenance, or improvement of real property and capital assets owned by the organization; and

WHEREAS, an expansion of a building or bar-related expenditures are not allowed; and

WHEREAS, other charitable gambling entities, such as hockey associations, due to the nature of their charitable purpose can build capital assets (i.e., Ice Sheets) in support of their missions; and

WHEREAS, many Posts own older facilities which have outdated and inefficient HVAC systems and other equipment; and

WHEREAS, these older systems result in increased utility and operating costs borne by the Post; and

WHEREAS, many Posts or do not offer full ADA access and are not in compliance; and 

WHEREAS, many veterans have mobility issues that enhanced ADA measures would mitigate; and

WHEREAS, due to the age of the facilities, many Posts lack safety features of newer buildings; and

WHEREAS, most Posts lack the resources to make the large capital improvements needed to remain viable and vital in thei9r communities for the years ahead; and

WHEREAS, the COVID pandemic crisis has further stressed financially strapped Posts while at the same time COVID highlighted the need to expand service to outdoor serving areas; and

WHEREAS, the current financial hardships may cause numerous veteran service organizations to permanently close their doors thus limiting the valuable community services and donations provided by Posts; and

WHEREAS, American Legion and VFW Posts provide meaningful and substantial monitory support to their communities; and

WHEREAS, Post bar, restaurant and hall services are vital and affordable options to the community, while providing the livelihood for the organization; and

WHEREAS, a large, multi-year capital investment effort is needed to ensure Posts remain a continued presence and vital resource to communities for years to come; therefore, be it

RESOLVED, by Post #39 that the State Legislature of Minnesota should amend its statute to allow American Legion and VFW Posts to spend up to 50% of their annual net profits for capital improvements for the next ten years; and, be it further

RESOLVED, that American Legion and VFW Posts be allowed to expand their facilities and improve bar and restaurant areas to better serve their communities in a modern, safe, and ADA compliant facility; and, be it further

RESOLVED, that this will allow veteran service organizations to make needed improvements to their facilities to ensure they remain viable and valued assets and employers within their communities for decades to come; and, it be finally

RESOLVED, that this resolution be forwarded to 4th District and 5th District for concurring action and if passed be forwarded to American Legion Department of Minnesota for concurring action.

Approved by Harry Johnson                                   Attested to Marvin Ostrum

Commander – Post 39                                            Adjutant – Post 39

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Approved by Joseph Jansen                                  Attested to Mike Ash

Commander – 4th District                                        Adjutant – 4th District

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DISTRIBUTED to: Resolutions Committee (DEC)                  DATE: _6 Mar 21_            BY: Department

ACTION: _Failed__________________________________  VOTE DATE: 6 March 21

 **RESULTS: P – F – R – (other action_________________________)

FORWARD ACTION: _____________________________  DATE: ______________

**P=Pass – F=Fail – R=Received & Recorded

Resolution 2021-4:  Was sent back for approval at the District level.

TALMN Resolution Number: 2021-5

Received: 18 February 2021

Originating Source:  The following resolution originated from American Legion Post 489

Subject: Amend MN Statute 349.12

The following resolution was approved by George Bergem Post 489 in Underwood at a regularly scheduled meeting:

WHEREAS, many older veterans’ organizations facilities need to be updated to comply with Americans with Disabilities Act (ADA); and

WHEREAS, the average age of membership in these facilities has reached a level that we need to respond more to our member’s needs for entrance/exit, bathroom and safety features; and

WHEREAS, too many of our facilities lack the resources to make the capital improvements needed to allow continued viability in our communities; and

WHEREAS, the current pandemic has further stressed these facilities financially; and

WHEREAS, many of these facilities are the only venue in small cities that can provide needed assistance; and

WHEREAS, these facilities are a major contributor to the area youth and veteran needs; now, therefore, be it

RESOLVED, the State Legislature of Minnesota amend MN Statute 349.12 to allow Veteran Organizations to spend up to 50% of annual net profits for capital improvements.

Approved by Frank McKenize                         Attested to Scott Rochl

Commander – Post 489                                  Adjutant – Post 489

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Approved by Steve Sundstrom                       Attested to Dennis Henkemeyer

Commander – 9th District                                Adjutant – 9th District

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DISTRIBUTED to: Resolutions Committee (DEC)                  DATE: _6 Mar 2021_       BY: Department

ACTION: _Read and passed by DEC Vote____________   VOTE DATE: 6 March 21

**RESULTS: P – F – R – (other action________________________)

TALMN Resolution Number: 2021-6

Received: 18 February 2021

Originating Source:  The following resolution originated from American Legion Post 548

Subject: Lawful Purpose Definition Minnesota Statutes 2020, section 349.12, subdivision 25.

Lawful Purpose Definition Minnesota Statutes

 Support resolution to amend the Lawful Purpose Definition Statutes to enact language authorizing licensed veteran’s organizations to; repair, maintain, or improve real property and capital assets funded by means of 50% of gross profits from lawful gambling.

RESOLUTION 1

The following Resolution originated by American Legion University of Minnesota Post 548, the 5th District of Minnesota.

______________________________________________________________________

 Lawful Purpose Definition Minnesota Statutes 2020, section 349.12, subdivision 25

 THE LEGISLATURE OF THE STATE OF MINNESOTA

WHEREAS, Licensed veteran’s organizations of Minnesota have contributed to the benefit and well-being of the citizens of Minnesota for more than 100 years; and

WHEREAS, licensed veteran’s service organizations, have a vested interest in the success of their local community; and

WHEREAS, licensed veteran’s organizations of Minnesota have regularly contributed to civic interests; and

WHEREAS, licensed veteran’s organizations require a safe environment to continue to host and to serve their community therefore, a secure facility is indispensable; and

WHEREAS, all resources should be brought to bear, including profits from lawful gambling, to repair, maintain or improve their facility as it is vital to the continued success of their programs; now, therefore be it

RESOLVED, American Legion University of Minnesota Post 548 advocates for the Legislature of the State of Minnesota to take measures to ensure all Lawful Purpose Definition Statutes enact language authorizing licensed veteran’s organizations to; repair, maintain, or improve real property and capital assets funded by means of 50% of gross profits from lawful gambling; and, be it further

RESOLVED, this resolution be forwarded to the Department of Minnesota Executive Committee with utmost haste for concurring action; and, be it finally

RESOLVED, this resolution, if approved, be forwarded to the Legislature of Minnesota for immediate and concurring action.

Approved by Catherine Bauer                                             Attested to Curt Norenberg

Commander – Post 548                                                      Adjutant – Post 548

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Approved by Wade Larson                                                  Attested to Raymond Eiden

Commander – 5th District                                                     Adjutant – 5th District

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DISTRIBUTED to: Resolutions Committee (DEC) DATE: 6 Mar 21    BY: Department

ACTION: Recommended by Committee to Reject  VOTE DATE: 6 March 21 **RESULTS: P – F – R (other action_________________)

FORWARD ACTION: ____________________________DATE: ______________

**P=Pass – F=Fail – R=Received & Recorded

TALMN Resolution Number: 2021-7

Received: 18 February 2021

Originating Source:  The following resolution originated from American Legion Post 555

Subject: LEGION AND VFW FACILITY IMPROVEMENT LEGISLATION

The following Resolution is backed by the American Legion Falldin Post #555, 5th District of Minnesota.

At the regular Post meeting of Feb. 11, 2021, Falldin Post #555 of Minneapolis, Minnesota the following Resolution was adopted.

WHEREAS, MN Statute 349.12 Subd. 25 Lawful Purpose (22) allows for legal gambling to expend no more than five percent of their gross profits from the previous year for the repair, maintenance, or improvement of real property and capital assets owned by the organization; and

WHEREAS, an expansion of a building or bar-related expenditures are not allowed; and

WHEREAS, other charitable gambling entities, such as hockey associations, due to the nature of their charitable purpose can build capital assets (i.e., Ice Sheets) in support of their missions; and

WHEREAS, many Posts own older facilities which have outdated and inefficient HVAC systems and other equipment; and

WHEREAS, these older systems result in increased utility and operating costs borne by the Post, and WHEREAS many Posts do not offer full ADA access and are not in compliance; and

WHEREAS, many veterans have mobility issues that enhanced ADA measures would mitigate; and

WHEREAS, due to the age of the facilities, many Posts lack safety features of newer buildings; and

WHEREAS, most Posts lack the resources to make the large capital improvements needed to remain viable and vital in their communities for the years ahead; and

WHEREAS, the COVID pandemic crisis has further stressed financially strapped Posts while at the same time COVID highlighted the need to expand service to outdoor serving areas; and

WHEREAS, the current financial hardships may cause numerous veteran service organizations to permanently close their doors thus limiting the valuable community services and donations provided by Posts; and

WHEREAS, American Legion and VFW Posts provide meaningful and substantial monetary support to their communities; the American Legion supports programs, such as, Oratorical Contest, Boys State, Legion baseball and gives assistance to local schools; and

WHEREAS, Post bar, restaurant and hall services are vital and affordable options to the community, while providing the livelihood for the organization; and

WHEREAS, a large, multi-year capital investment effort is needed to ensure Posts remain a continued presence and vital resource to communities for years to come; now, therefore, for it

RESOLVED, by Post #555 that the State Legislature of Minnesota should amend its statute to allow American Legion and VFW Posts to spend up to 50% of their annual net profits for capital improvements for the next ten years; and, be it further

RESOLVED, that American Legion and VFW Posts be allowed to expand their facilities and improve bar and restaurant areas to better serve their communities in a modern, safe, and ADA compliant facility; and, be it further

RESOLVED, that this will allow veteran service organizations to make needed improvements to their facilities to ensure they remain viable and valued assets and employers within their communities for decades to come; and, be it finally

RESOLVED, that this resolution be forwarded to 4th District and 5th District for concurring action and if passed be forwarded to American Legion Department of Minnesota for concurring action.

Approved by Donovan Orttel                                           Attested to Raymond Eiden

Commander – Post 555                                                  Adjutant – Post 555

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Approved by Wade Larson                                             Attested to Raymond Eiden

Commander – 5th District                                                Adjutant – 5th District

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DISTRIBUTED to: Resolutions Committee (DEC) to reject      DATE: 6 Mar 2                            BY: Department

ACTION: Resolutions Committee (DEC)     VOTE DATE: 6 March 21

RESULTS: P – F – R (other action _________________________)

FORWARD ACTION: _____________________________  DATE: ______________

**P=Pass – F=Fail – R=Received & Recorded

TALMN Resolution Number: 2021-8

Received: 18 February 2021

Originating Source:  The following resolution originated from American Legion Post 555

Subject: CONGRESSIONLLY CHARTERED VETERANS ORGANIZATIONS PROPERTY TAX EXEMPTION RESOLUTION

The following Resolution is backed by American Legion Falldin Post # 555, the 5th District of Minnesota. At the regular Post meeting of Feb. 11, 2021, Falldin Post # 555 of Minneapolis, Minnesota the following the resolution was adopted.

WHEREAS, The mission of The American Legion is to ‘help Veterans, their families and the community’; and

WHEREAS, the programs of The American Legion often need monetary assistance for the success of these programs; and

WHEREAS, American Legion Posts with Post homes come under financial hardships when excessive monies are needed for the purpose of paying real estate taxes for these buildings; and

WHEREAS, the community would benefit greatly from the Post being able to donate more to the American Legion programs and community projects effecting the community around the Post home; and

WHEREAS, the American Legion is a nonprofit organization chartered by the United States Congress on September 16, 1919 for the purpose of ‘helping Veterans, their families and the community’; now, therefore be it

RESOLVED, that the American Legion, Department of Minnesota in a special Executive Committee meeting assembled in St. Paul, MN urges and requests that the Minnesota State Legislature immediately pass Senate File 259 and House File 0182 to exempt Veterans organizations from property taxation for the betterment of our community, state and all Veterans.

Approved by Donovan Orttel                                           Attested to Raymond Eiden

Commander – Post 555                                                  Adjutant – Post 555

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Approved by Wade Larson                                             Attested to Raymond Eiden

Commander – 5th District                                                Adjutant – 5th District

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 DISTRIBUTED to: Resolutions Committee (DEC)                  DATE: _6 Mar 2021_       BY: Department

ACTION: _Read & passed by DEC_____________               VOTE DATE: 6 March 21

**RESULTS: P – F – R (other action_______________________)

FORWARD ACTION: _MN Senate & House of Rep. ___     DATE: _9 Mar 2021_

**P=Pass – F=Fail – R=Received & Recorded

Resolution number: 2021-9

Received: 13 April 2021

Title: Create Department Media and Communications Committee

Author: Post 406

WHEREAS, An American Legion, Department of Minnesota 1992 Resolution established the Public Relations Committee as a permanent committee; and

WHEREAS, the Public Relations Committee has become ineffective in the role of communicating the mission of The American Legion; and

WHEREAS, the Covid-19 pandemic has spawned a stay-at-home order and caused a cessation of a great deal of activity in districts and posts within The American Legion, Department of Minnesota; and

WHEREAS, the 2019-2020 Department Commander established an Ad Hoc committee designated the COVID-19 Ad Hoc committee to facilitate post and district work electronically using the Zoom platform; and

WHEREAS, technology has progressed and increased the number of methods to provide information to our members, other Veterans and their families as well as the community; now, therefore, be it

RESOLVED, at the April 8, 2021 meeting of Christie-DeParcq Post 406, that the Public Relations Committee be dissolved in favor of the establishment of the Minnesota American Legion Media and Communications Committee; and be it further

RESOLVED, that the Media and Communications Committee be established beginning in the Legion year 2022 (2021-2022); and be it further

RESOLVED, that the Media and Communications Committee have four (4) members with 4,3,2,1 year term, the Committee with elect its own chairman; and be it further

RESOLVED, the Department Commander, Department Adjutant, Department Membership Director and Department Communications Director for the Department of Minnesota American Legion shall be Ex-Officio members of the Media and Communications Committee; and be it further

RESOLVED, the Media and Communications Committee will work with the Department Communications Director/Editor of The Legionnaire to provide support for media resources; and be it finally

RESOLVED, that the budget resources for the current Public Relations Committee shall transfer to the new Media and Communications Committee.

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Adopted:

Ira Dorfsman                                               James Hassing, Adjutant

Commander, Post 406                               Adjutant, Post 406

DISTRIBUTED to: Resolutions Assignment Committee      DATE: 14 Jul 21                BY: Department

ACTION: Committee Recommended to Pass      VOTE DATE: 15 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: _____________________________DATE: ___________________

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

Resolution number: 2021-10

Received: 19 April 2021

Title: Length of Convention

Author: Department of Minnesota Legion College

Title:      A resolution to eliminate the requirement from the Department Constitution that the Department Convention last a minimum of three days

By:         MNALC 2021

Whereas,The Constitution and By Laws of the American Legion Department of Minnesota, Article 7 Department Officers Section 2, the first sentence states, “The Commander, Vice Commanders, Chaplain, and SGT at Arms shall be elected annually by the Department Convention, said election shall be held on the third day of convention,” and

Whereas, the current constitutional requirement for a 3-day convention makes it difficult for younger Legion members to participate due to work schedules, child care issues, and the costs of meals and lodging for the convention, now therefor be it

RESOLVED: by the 2021 Class of the Minnesota American Legion College that the verbiage in Article 7, Section 2 be changed to read, “said election to be held on the last day of the convention,” and be it finally

RESOLVED: this resolution be forwarded to the Minnesota Department Adjutant, to be reviewed by the Resolutions Committee, for a vote at Department Convention.

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Adopted:

 DISTRIBUTED to: Resolutions Assignment Committee      DATE: 14 Jul 21

BY: Department

ACTION: Recommended by Committee to Pass    VOTE DATE: 15 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: _____________________________DATE: ______________

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

Resolution number: 2021-11

Received: 20 April 2021

Title: Legionville Name Change

Author: Legionville Board Member William Gordon

Title: Name change of “Legionville School Safety Patrol Training Center” to “Legionville Educational Center” 

Summary: The name of the school relates to a time when children where trained and worked as volunteer “Safety Patrol Monitors” at their schools in the hallways and on street corners to assist other students crossing and getting to class and home. 

A large percentage of the schools in the State of Minnesota have replaced these student Safety Patrol Monitors with Adult Safety Officers. The name change will reflex the already expanding modern safety curriculum and allow us to continue our mission for future generations.

Author: William C. Gordon Jr. St. Michael 1st Vice Commander // 10th District Legionville Chairman / 10th District Wright County Vice Commander

Whereas: The name of “Legionville School Safety Patrol Training Center” refers to an outdated and no longer used student safety patrol positions in a majority of the schools in the State of Minnesota, and

Whereas:  eliminating the words “School Safety Patrol Training Center” from the name of the camp, will remove the confusion often encountered by many parents and educators trying to understand our mission and the reason they should support the camp and send campers, and

Whereas:  this name change will reflect our unique current up to date safety curriculum and youth camp actives provided, and

Whereas:  the camp provides an extremely diverse safety educational program to all ages in a variety of subjects, now therefore it be

 Resolved: that Patrol Safety Training be reduced and offered to only those students attending schools that continue to have student Safety Patrol monitors, and be it further

Resolved: that updated curriculum be expanded on the following subjects such as walking to and from school safety, stop arm crossing safety, bus rider safety, bus stop safety, bicycle safety, shooting sports safety, for firearms and bows, swimming safety, fishing safety, small boat safety, first aid/cpr training to align the curriculum to the new name, “Legionville Education Center”, and be it further

Resolved: that this name change to “Legionville Education Center” be approved by the Legionville Governing Board of Directors at its next meeting and forwarded to the Department of Minnesota Executive Committee for concurring action, and be it finally

Resolved: upon approval by the Department of Minnesota Executive Committee that this resolution and all administrative corrections be submitted to the Minnesota Secretary of State to amend, change, and update the current rules of incorporation filed in January 2010 and approved in April of 2010.

Motion by Dennis Henkemeyer to vote on the resolution, seconded by Betty Jass. By electronic vote, email, the resolution was adopted by the Legionville Board members 19 April 2021.

DISTRIBUTED to: Resolutions Assignment Committee      DATE: _14 July 2021___                BY: Department

ACTION:Judge Advocate recommended Sent Back, Not required

VOTE DATE: 15 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: _____________________________DATE: __________________

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

Resolution number: 2021-12

Received: 21 May 2021

Title: Purchase Made in America

Author: Post 406

Purchasing “Made in America”

Origin: Post 406, 4th District Department of Minnesota

Submitted by: 4th District Department of Minnesota

WHEREAS, The Preamble to the Constitution of The American Legion states “To Foster and Perpetuate a one hundred percent Americanism…”, and

WHEREAS, Americanism is one of the four pillars of The American Legion, and

WHEREAS, a portion of all post member’s dues to The American Legion, Department of Minnesota are designated to programs of The American Legion, Department of Minnesota, and

WHEREAS, the economy of the State of Minnesota and the United States would benefit from requirement that all merchandise purchase by The American Legion, Department of Minnesota be made in America, therefore, now, be it

RESOLVED, at the April 15, 2021 meeting of Christie DeParcq Post 406, that all money raised either through membership dues or by donations to The American Legion, Department of Minnesota (at Post, District, County or Department level) shall be spent on merchandise only made in America whenever feasible and, be it finally

 RESOLVED, that this resolution is forwarded to The American Legion Department of Minnesota for concurring action.

Approved by                                             Attested to

Ira Dorfsman                                            James Hassing

Commander                                             Adjutant

Concurred by 4th District during a meeting on May 12, 2021.

Approved by                                                   Attested to

Joseph Jansen                                                Michael Ash

Commander                                                    Adjutant

DISTRIBUTED to: Resolutions Assignment Committee      DATE: 14 July 2021       BY: Department

ACTION: Committee Recommended to Send Back  VOTE DATE: 14 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: _______________________DATE: ___________________________

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

Resolution number: 2021-13

Received: 21 May 2021

Title: Proclamation Endorsing Law Enforcement Agencies in the State of Minnesota

Author: The American Legion Department of Minnesota Executive Committee

Title:  Proclamation Endorsing Support for Law Enforcement Agencies in the State of Minnesota

Summary: The American Legion Department of Minnesota supports our law enforcement agencies in the state of Minnesota. We support Police Departments, Sheriff’s Offices, Minnesota State Patrol, Department of Natural Resources, Minnesota Department of Corrections, Minnesota Bureau of Criminal Apprehension and other law enforcement agencies.

Author: The American Legion Department of Minnesota Executive Committee

WHEREAS; The American Legion and the Department of Minnesota wholeheartedly stands by the second clause of our Preamble that states “To Maintain Law and Order”, and

WHEREAS; the Department of Minnesota, it’s districts and posts annually seek out Law Enforcement Officers who go above and beyond the call of duty to honor at its various conventions and gatherings, and

WHEREAS; the current political climate in some cities in Minnesota, including Minneapolis and St Paul, is calling for law enforcement agencies to be defunded or disbanded altogether, and

WHEREAS; we are a Nation of Laws and where there are laws, there must be individuals whose task it is to enforce those laws and bring to justice those persons who would choose to live and act contrary to those laws, now therefore it be

RESOLVED; The American Legion Department of Minnesota reaffirms its support and expresses its gratitude to the Law Enforcement Agencies in the State of Minnesota and, be it further

RESOLVED; The Department of Minnesota encourages our Districts and Posts to recognize and support their local law enforcement agencies and, be it finally

RESOLVED; this resolution be forwarded to The American Legion Department of Minnesota Convention floor in session 15-17 July for adoption and upon adoption this resolution is distributed to every Post in the Department by the Department staff.

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DISTRIBUTED to: Resolutions Assignment Committee      DATE: _14 July 2021___                BY: Department

ACTION:  Recommended by Committee to Pass as Amended

VOTE DATE: 15 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: _____________________________DATE: ___________________________

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

The American Legion

Department of Minnesota Executive Committee Meeting

Held on

March 6, 2021

Resolution

_____________________________________________________________________________

 Resolution No.: _2021-14_

Received: 8 Mar 21

Title: Updated Department Training Committee Structure

Origin: Department of Minnesota Training Committee

WHEREAS, The American Legion, Department of Minnesota has a Training Committee divided into two sub-committees of Department Legion College and MyLegion.org sub-committees; and

WHEREAS, the Training Committee has had time to review the structure of the Training Committee and it’s sub-committees and found this committee structure to be too restrictive and inefficient to the training committee objectives; now, therefore, be it

RESOLVED, by the Department of Minnesota Training Committee of the American Legion in a Special Meeting assembled virtually on February 26, 2021, that the Training Committee will have seven (7) members which will be responsible for developing and administrating Department of Minnesota Legion College and MyLegion.org in addition to all other training that maybe necessary for a well-trained American Legion Membership and their mission; and, be it further

RESOLVED, that the incoming commander will appoint the members of the training committee for (1) 5-year term, (1) 4-year term, (1) 3-year term, (1) 2-year term, (3) 1-year term, with the committee electing their chairman at their organizational meeting following department convention; and, be it further

RESOVED, the Training Committee will have the authority to maintain a list of instructors to assist them in training throughout the Department of Minnesota; and, be it finally

RESOLVED, that this resolution be forward to the American Legion Department of Minnesota Executive Committee on March 6, 2021 for concurring action. _________________________________________________________________________________________________  

Training Committee on Resolution Recommendation             

Approved: __X_

Rejected: ____

Referred to: Department of Minnesota Executive Committee

March 6, 2021 located at LaCresent, MN

Other Action: ____

Committee, Vice Chairman, Name and Signature:

__________________________________________

Michael Ash, Vice Chairman

Training Committee, Department of Minnesota

_________________________________________________________________________

DISTRIBUTED to: Resolutions Assignment Committee      DATE: 14 July 21                BY: Department

ACTION: Recommended by Committee to Pass    VOTE DATE: 15 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: _____________________________DATE: _______________

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

Resolution number: 2021-15

Received: 8 June 2021

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

Author: Paul Edwards, Executive Board Member, Post 627, Nisswa, MN

A Resolution to clarify and restate the intent of Article II, Section 2 of the National American Legion Constitution and By-Laws. Written by Paul Edwards, Executive Board Member, Post 627, Nisswa, MN.

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 Billie Brown Post 627 of Nisswa, MN, in regular meeting assembled on February 16, 2021, that Article II, Section 2 of the National Constitution be amended to state, “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 forwarded to the 6th District Adjutant for presentation to the 6th District Executive Board in regular meeting assembled at Park Rapids on March 21, 2021 for consideration and action to include presentation at the 6th District Convention to be convened at Nisswa, MN on June 3 – 5, 2021, and be it further

RESOLVED, that upon approval this resolution be forwarded to the Department of Minnesota Convention to be regularly convened at Redwood Falls, MN on July 15 – 17, 2021 for consideration and action, and be it further

RESOLVED, that upon approval this resolution be forwarded to the National Adjutant for submission to the National Resolutions Committee for action and presentation at the National Convention, regularly convened at Phoenix, AZ on August 27 – September 2, 2021.

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Approved                                                                                                                                                                   Attested

Susan Edwards                                                                                                                                                         Bobbi Braden

Post 627 Commander                                                                                                                                            Post 627 Adjutant

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Approved by vote of the delegates at the 6th District Convention on June 5, 2021 at Nisswa, MN

Paul Edwards                                                                                                                                           Susan Edwards

District Commander                                                                                                                               District Adjutant

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DISTRIBUTED to: Resolutions Assignment Committee      DATE: 14 July 21               BY: Department

ACTION: Recommended by Committee to Pass       VOTE DATE: 15 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: To National Convention  DATE: 22 Jul 21

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

Department of Minnesota Resolution Number: 2021-16

Received: 11 June 2021

Author: Department Service Officer, Jeremy Wolfsteller.

Subject: Inequity in The Veterans Health Administration Emergency Medical Transportation                       Authorities

WHEREAS; The Veterans Health Administration (VHA) is the largest integrated health care system in the United States, providing care at 1,293 health care facilities, including 171 VA Medical Centers and 1,112 outpatient sites of care of varying complexity (VHA outpatient clinics) to over 9 million Veterans enrolled in the VA health care program, and

WHEREAS; the Veterans Health Administration states during a medical emergency a veteran should immediately seek care at the nearest emergency department (ED), a medical emergency is an injury, illness, or symptom so severe that a delay in seeking immediate medical attention would be reasonably expected to be hazardous to life or health, and

WHEREAS; the Veterans Health Administration has two legal authorities under which emergency treatment in a community facility may be paid for by VA: Unauthorized Emergency Treatment (Service-connected)–Title 38 United States Code (U.S.C.) §1728 and Unauthorized Emergency Treatment (Nonservice-connected)–Title 38 U.S.C. §1725, both laws include land or air ambulance transportation in the emergency episode of emergency care for payment, and

WHEREAS; the passage of the VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 “VA MISSION ACT” gives eligible Veterans greater access to health care in the community including covering the costs for episodes of Authorized Emergency Treatment under a regulation change in Title 38 Code of Federal Regulations (CFR) §17.4020(c), although emergency medical transportation is NOT part of the emergency episode of care and is sent to the local Beneficiary Travel Office to determine eligibility for VA to pay, and

WHEREAS; the Veterans Health Administrations Beneficiary Travel eligibility states Veterans must meet the following administrative requirements to qualify for authorized transport: Have a service-connected disability or combined rating of 30% or more, or be in receipt of VA pension, or previous calendar year income does not exceed maximum VA pension rate, or projected income in travel year does not exceed maximum VA pension rate or travel is in connection with service connected disability or travel is for compensation & pension exam, or travel is to obtain a service dog, or travel relates to VA transplant care and VA clinician documents that special mode transportation is medically required, and

WHEREAS; VA’s Amended regulation changes under the MISSION ACT 38 (CFR) 17.4020(c) states that VA will determine veteran eligibility under this regulation first before considering for reimbursement under 38 (USC) 1725 or 38 (USC) 1728, with VA’s extensive community care network via Optum, majority of emergency episodes of care are authorized under this regulation leaving hundreds of thousands of veterans with unpaid emergency medical transportation bills because not all veterans are eligible for beneficiary travel, now, therefor be it

 RESOLVED; that the Veterans Health Administration amend regulation 38 (CFR) 17.4020(c) to include medical emergency transportation both air and land to the episode of emergency care, and be it further

 RESOLVED; that Beneficiary Travel eligibility be removed from regulation 38 (CFR) 17.4020(c) for determining VA payment when a veteran has a medical emergency in the community that requires air or land emergency transportation and, be it finally

 RESOLVED; that if passed at The Department of Minnesota Convention, July 15-17, 2021 this resolution be forwarded to The American Legion’s National Convention in Phoenix, Arizona August 27-September 2, 2021 for concurring action.

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DISTRIBUTED to: Resolutions Assignment Committee           DATE: _14 July 2021___            BY: Department

ACTION: Recommended by Committee to Pass       VOTE DATE: 15 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: To National Convention      DATE: 22 Jul 21

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

RESOLUTION NO. 2021-17

Received: 11 June 2021

SUBJECT: RESOLUTION TO FORM AN AD HOC COMMITTEE TO RESEARCH AND RECOMMEND A COURSE OF ACTION ON REDISTRICTING WITHIN THE DEPARTMENT

The following Resolution originated by Falldin Post #555 from the 5th District at its Post meeting on June 10, 2021 and was adopted by the 5th District and is submitted for consideration by the 2021 Department Convention to be held in Morton, MN on

July 14-17, 2021.

WHEREAS, The American Legion, Department of Minnesota chartered in 1919; and WHEREAS, the first National Convention was held in Minnesota in 1919; and WHEREAS, The Department of Minnesota is organized into 10 Districts; and

WHEREAS, these 10 Districts were formed based on the 10 Congressional Districts found in 1930; and

WHEREAS, Congressional districts are redistricted ever ten years based on populations shifts according to the US Census; and

WHEREAS, The American Legion, Department of Minnesota Districts have remained the same since; and

WHEREAS, The American Legion, Department of Minnesota District membership population (as well as eligible veterans within those Districts) has changed in the intervening 90 years; and

WHEREAS, The American Legion, Department of Minnesota Districts are facing challenges regarding membership, participation, active leadership, and geographical issues of the Districts; now, therefore be it

RESOLVED, By Falldin Post No. 555, 5th District, Department of Minnesota, The American Legion, in regular meeting assembled in Minneapolis, June 10, 2021, That…

The Commander of The American Legion, Department of Minnesota establish an ad-hoc committee to research the opportunities and problems of redistricting or not redistricting within the Department of Minnesota, and be it further

RESOLVED, That this ad hoc committee meet with past and present District Leadership to gather input and opinion from the leadership on the opportunities

and difficulties of redistricting or not redistricting the Department of Minnesota, and be it further

RESOLVED, that this ad hoc committee include discussions with the rest of the Department of Minnesota American Legion Family (The American Legion Auxiliary, The Sons of The American Legion, The American Legion Riders) to gather similar thoughts on opportunities and difficulties in redistricting or not redistricting, and be it further

RESOLVED, that this ad hoc committee prepare a report for the Spring 2022 Department Executive Committee meeting analyzing these opportunities and difficulties of redistricting or not, and provide a recommended course of action based on the findings within that report, and be it finally

RESOLVED, that The American Legion, Department of Minnesota Department Executive Committee take these recommendations and take action to prepare the Department of Minnesota American Legion Family for the next 100 years of service.

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DISTRIBUTED to: Resolutions Assignment Committee       DATE: _14 July 21           BY: Department

ACTION: Recommended by Committee to Reject    VOTE DATE: 15 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: ___________________DATE: ___________________________

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

Department of Minnesota Resolution Number: 2021-18

Received: 16 Jun 2021

Author: Department Service Officer, Jeremy Wolfsteller.

Subject: Elimination of the Gulf War Presumptive Sunset Date

WHEREAS; VA presumes that certain disabilities were caused by military service, because of the unique circumstances of a specific Veteran’s military service, and if a presumed condition is diagnosed or in certain instances undiagnosed in a Veteran in a certain group, they can be awarded disability compensation, and

WHEREAS; Veterans were coming back from service in the Southwest Asia theater of operations, they were experiencing unexplained illnesses and symptoms, as Congress passed S.2358 – Persian Gulf War Veterans Act of 1998 directing VA to administer a presumptive list of illnesses for Gulf War veterans under 38 CFR § 3.317, and

WHEREAS; for VA purposes, the Persian Gulf War refers to service in the Southwest Asian theater of military operations beginning on August 2, 1990, at the present time, the period for the Persian Gulf War extends to December 31, 2021, which means that service members who have served in the Southwest Asia theater of military operations after September 2001 are eligible for benefits under VA’s Gulf War presumption, and

WHEREAS; Veterans in the following groups may qualify for “presumptive” disability benefits, former prisoners of war who have a condition that is at least 10 percent disabling, Vietnam Veterans who were exposed to Agent Orange and served in the Republic of Vietnam between Jan. 9, 1962, and May 7, 1975, Atomic Veterans exposed to ionizing radiation and who experienced one of the following, participated in atmospheric nuclear testing, occupied or were prisoners of war in Hiroshima or Nagasaki, served before Feb. 1, 1992, at a diffusion plant in Paducah, Kentucky, Portsmouth, Ohio or Oak Ridge, Tennessee, served before Jan. 1, 1974, at Amchitka Island, Alaska, Gulf War Veterans who served in the Southwest Asia Theater of Operations that have a condition that manifested to a level of at least 10 percent disabling for a period of 6 months or longer by Dec. 31, 2021, and

WHEREAS; the only presumptive period which VA administers that has a sunset date is the Gulf War era, stating conditions must manifest to a level of 10% disabling for a period of 6 months or longer by December 31, 2021, for a veteran to receive service-connected disability compensation, now, therefor be it

RESOLVED; That VA amends 38 CFR § 3.317, removing the Gulf War presumptive sunset date and make it indefinite, and be it finally

RESOLVED; that if passed at The Department of Minnesota Convention, July 15-17, 2021, this resolution be forwarded to The American Legion’s National Convention in Phoenix, Arizona August 27-September 2, 2021 for concurring action.

—————————————————————————————–

DISTRIBUTED to: Resolutions Assignment Committee   DATE: 14 July 21           

BY: Department

ACTION: Recommended by Committee to Pass         VOTE DATE: 15 Jul 21

**RESULTS: P – F – R – S (other action__________)

FORWARD ACTION: To National Convention  DATE: 22 Jul 21

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

Department of Minnesota Resolution Number: 2021-19

Received: 21 Jun 2021

Author: Department Service Officer, Jeremy Wolfsteller.

Subject: Include in-Network Emergency Care Providers to VA’s Locator Tool Website

WHEREAS; The Passage of the VA MISSION Act of 2018, Veterans now have better access and greater choice in their health care through in-network community providers via improved eligibility criteria, with the new eligibility criteria going into effect in June 2019 after final regulations were published, and

WHEREAS; VA added language in its community care regulations during the MISSION Act revisions to include authorizing emergency treatment, specifically, 38 CFR 17.20(c) which applies only to emergency treatment furnished to a covered veteran by an in-network emergency room provider and does not affect eligibility for, or create any new rules or conditions affecting, reimbursement for emergency treatment under section 1725 or 1728 of title 38, United States Code, and

WHEREAS; under the conditions set forth in this regulation VA may authorize emergency treatment after it has been furnished to a covered veteran, for purposes of this paragraph (c), “emergency treatment” has the meaning defined in section 1725(f)(1) of title 38, United States Code, VA may only authorize emergency treatment under this paragraph (c) if the covered veteran, someone acting on the covered veteran’s behalf, or the eligible entity or provider notifies VA within 72-hours of such care or services being furnished and VA approves the furnishing of such care or services under paragraph (c)(3) of this section. (3) VA may approve emergency treatment of a covered veteran under this paragraph (c) only if the veteran is receiving emergency treatment from an eligible entity or provider, the notice to VA complies with the provisions of paragraph that it is submitted within 72 hours of the beginning of such treatment, and

WHEREAS; VA created a Locator Tool via website for enrolled veterans to find “in-network” community providers to help veterans find the closest place of treatment, and

WHEREAS; VA has not updated its locator tool to reflect the recent 2019 regulation changes which include in-network community emergency care providers, now, therefor be it

RESOLVED; VA should improve its transparency with veterans by adding a list of in-network emergency care providers to its locator tool website so veterans can find an in-network emergency room closest to them in case of a medical emergency knowing VA will cover the episode of care if notified within 72 hours, and be it finally

 RESOLVED; that if passed at The Department of Minnesota Convention, July 15-17, 2021, this resolution be forwarded to The American Legion’s National Convention in Phoenix, Arizona August 27-September 2, 2021 for concurring action.

—————————————————————————————–

DISTRIBUTED to: Resolutions Assignment Committee           DATE: _14 July 2021___            BY: Department

ACTION: Recommended by Committee to Pass   VOTE DATE:16 Jul 21

**RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: National Convention        DATE: 22 Jul 21

**P=Pass – F=Fail – R=Received & Recorded – Sent Back

Resolution of Lozar-Mrace-Loushin Post 248, Ely, MN

 

WHEREAS, Minnesota American Legion Post 248 is one of 38 Minnesota 8th District Posts; and

 

WHEREAS, many Minnesota 8th District Posts are located in Northeastern Minnesota communities; and

 WHEREAS, economic development and job growth in Northeastern Minnesota community’s lags behind the rest of the state; and

 

WHEREAS, the Preamble to the Constitution of the American Legion calls for it “to uphold and defend the Constitution of the United States of America to maintain law and order”, American Legion Post 248 supports a constitutional process under existing law for the development of proposed copper- mining; and

 

WHEREAS, the development of proposed copper-nickel mining projects and the expansion of iron mining operations in Northeastern Minnesota will stimulate economic development and provide employment for Minnesota military veterans and their families, now therefore be it

 

 RESOLVED, that Ely Post 248 supports the environmentally friendly and safe development of copper-nickel mining projects and the expansion of ferrous mining operations that will provide jobs for Minnesota military veterans and their families; and be it further

RESOLVED, that this Resolution is to be forwarded to the Minnesota Department Convention for concurring action in 2021; and be it finally

 RESOLVED, this Resolution of support for the development of copper-nickel mining projects and the expansion of ferrous mining operations in Northeastern Minnesota is to be presented to our elected officials, both State and Federal.

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DISTRIBUTED to: Resolutions Assignment Committee DATE: _14 July 2021___     BY: Department

ACTION: Recommended by Committee to Reject  VOTE DATE: 16 July 2021

*RESULTS: P – F – R – S (other action_______________________)

FORWARD ACTION: _____________________________DATE: ___________________

**P=Pass – F=Fail – R=Received & Recorded – Sent Back