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American Legion
Post 143 – Methow Valley

Bylaws

Methow Valley Post 143:

Add to Article XXI, Section 1, the following statement: The proposed amendment shall be distributed to all Post members no less than 30 days prior to the final vote, with notice of the times, dates, and location of the first reading and final vote.

Bylaws revisions of Methow Valley Post 143, as approved on May 8, 2014, at Methow Valley, Washington.

Reviewed this 20th day of May, 2014.

David I. Gedrose
Department Judge Advocate
The American Legion, Department of Washington

Under the provision Article XXV Section 2 of The American Legion Washington Bylaws the foregoing Constitution and Bylaws are reviewed and endorsed effective this date. This page will be attached as the
last page of the approved document.

Approved for implementing effective this 21st day of May, 2014

Approved by Dale F. Davis
Department Adjutant
The American Legion, Department of Washington

ORGANIZATION

This body, as a Post having received authority by Charter from the National Organization of the American Legion to organize as a Post thereof within the State of Washington, does adopt the following by-laws:

NAME

The name of this organization shall be Post 0143 Methow Valley, The American Legion, Department of Washington. Post 0143 Methow Valley is to be incorporated under the laws of the State of Washington.

ARTICLE I – Officers

l. The officers of this Post shall be as follows: Commander, 1st Vice Commander, 2nd Vice Commander, Adjutant, Finance Officer, Historian, Chaplain, Sergeant at Arms. The officers of this Post will compose the Executive Committee which is the Board of Directors for this non-profit corporation.

2. The annual nomination of Officers shall be opened on the regular meeting night of April of each year and shall be closed at the regular meeting in May. The election of Officers shall be at the regular meeting night of May each year. The Officers so elected shall be installed on the regular meeting night of the meeting in June. The Post Adjutant shall immediately certify to the Department Headquarters, the list of Officers so elected and installed. Contingency as to payment
of current Post dues, as covered under Article XVI, Paragraph 2, to be in full force and effect. Provided, however, that no newly elected Post Officer, regardless of the date of election or installation, shall assume the duties of his/her Office earlier than the first day following the close of the Annual Department Convention.

3. No candidate for nomination or election to, and no incumbent of, any remunerative elective public Office shall hold any Office in this Post of the American Legion, and the declaration of candidacy for a remunerative elective public office by any person who is an Officer of this Post of the American Legion shall operate automatically to vacate his/her Office in this Post, provided that membership of Post standing or special committees shall not be affected.

4. Certification of service record Officers elected shall include the names, addresses, e-mail addresses, and telephone numbers of all the post officers and shall include the date of election. In addition, the Post Adjutant shall certify the eligibility of each to be members of The American Legion. Such certification shall include the office, name, military service eligibility, dates of active duty. Until such certification is received and approved by Department Headquarters, qualification for Office elected cannot be granted.

5. In the event of a vacancy in an elective Office, such vacancy shall be filled by appointment by the Post Commander until a special election has been called for such purpose. Such election to be held not more than thirty (30) days after the vacancy is declared.

ARTICLE II – The Post Commander

1. The Post Commander shall preside at all meetings of the post. He/She shall perform all other duties usually associated with the chief officer of an organization.

ARTICLE III – The Post Vice Commanders

1. The Post Vice Commanders, in the absence or disability of the Post Commander, shall perform the duties of the Post Commander, according to seniority.

ARTICLE IV – The Post Adjutant

1. The Post Adjutant Officer shall keep a record of all meetings of the Post, and shall prepare the same for permanent record in a book kept for that purpose and shall at each regular meeting read the minutes of the previous meeting, and make such corrections as may be allowed. He/she shall, under the direction of the Post Commander, cause notice to be given of all meetings.

2. The Post Adjutant will keep current, individual membership: (Publication-Department­ Post-Individual) and will mail cards, with remittance for the National and Department per capita tax, to Department Membership, The American Legion Department of Washington weekly.

ARTICLE V – Finance Officer

I. The Post Finance Officer shall receive and disburse all Post funds as authorized by majority vote at regular meetings. He/she shall keep a record of all receipts of money, and when disbursements are made he/she shall enter and record the amount of such expenditure and the purpose for which used. He/she shall sign all checks and vouchers.

2. The standard uniform accounting system on forms prescribed by the National Headquarters of The American Legion and available from National Emblem Sales will be maintained. unless more suitable records are kept.

3. Prior to assuming his/her duties as such Officer, the Post Finance Officer shall execute and deliver to the Post for their approval and acceptance, a surety bond in such penal sum as the Post may decide, payable to the Post 0143 Methow Valley, The American Legion Department of Washington, for the faithful performance of his/her duties as such Officer, the premium on said bond to be paid out of the treasury of the Post.

4. Upon request of the Post Commander, the Post Finance Officer is to turn over records for audit.

ARTICLE VI – The Post Historian

1. The duties of the Post Historian shall be to keep a complete history of the Post from its inception.  He/she shall make an annual report to the Post at its annual meeting.

ARTICLE VII – The Post Chaplain

1. The duties of the Chaplain shall be as usual in that office.

ARTICLE VIII – Sergeant at Arms

1. The duties of the Sergeant at Arms shall be to assist the Commander during the Post· meetings. To arrange the meeting hall, to take charge of the Color Detail in Posting and Retiring of the colors, to introduce all new Legionaries and guests, and to maintain order.

ARTICLE IX – The Post Service Officer

1. The duties of the Service Officer shall be to assist Veterans in the prosecution of claims with the Government and shall have charge of problems relating to the welfare of all Veterans.

ARTICLE X – The Post Executive Committee

1. It shall be the duty of the Post Executive Committee to act as a general advisory board to the Post Commander.

ARTICLE XI- Absenteeism

1.Post Officers absenting themselves for more than three successive meetings thereof, without obtaining permission from the Commander, or without having previously obtained leave of absence, shall, except in case of serious illness, be deemed vacated and the vacancy shall be filled by the Post as in other cases of vacancies in offices of the Post. If leave of absence is granted, the Post in its discretion, appoint a substitute from the members of the Post to act during such absence.

ARTICLE XII – Assuming Office

1.Any member of the Post in good standing shall be eligible to hold any office in this Post.

2.No newly elected Post Officer, regardless of the date of election or installation, shall assume the duties of his office earlier than the first day following the annual Department Convention, except that a member elected as a replacement by the..membership at a regular meeting shall assume office at the next regular meeting.

ARTICLE XIII- Order of Business

1.The following shall be the order of business at this Post:

     1.Reading of the minutes of previous meetings
     2.Introduction of guests and new members
     3.Committee reports
     4.Balloting on applications
     5.Sick call, relief, and unemployment
     6.Unfinished business
     7.Initiation of candidates
     8.New business (and correspondence)
     9.The good of the American Legion (The membership shall be permitted to make any suggestions of any kind, character or description, save on Religion or Partisan Politics).

ARTICLE XIV- Committees

1.The following standing Committees shall be appointed by the Post Commander, the size of each Committee is left to the discretion of the Post Commander:

     1.Americanism
     2.Children and Youth Activities
     3.Education
     4.Membership
     5.Publicity
     6.Budget Committee
     7.Veterans Services and Rehabilitation
     8.National Security

And other such Committees as may be necessary from time to time.

2. A Service Officer shall be appointed by the Post Commander with the approval of the Post Quorum at a regular meeting.

ARTICLE XV – Meetings

l. The meetings of the Post shall be held at the Post Home unless in cases of emergency, the Post Membership designates another place of meeting. The Post shall hold a minimum of 10 regular meetings each year where a quorum exists and minutes are taken.

2.The regular meetings of the Post shall be held on the second Thursday of each month unless by special action, at a regular scheduled meeting of the Po , a meeting is dispensed with on account of a holiday or other good reason and shall be called to order at a regularly scheduled time as set in advance by the membership at a regular meeting of the Post.

3.Special meetings may be called at any time by the Post Commander or upon written demand of any five members of the Post. As much advance notice of the special meeting shall be given as the circumstances allow.

4. A quorum shall exist at any meeting of this Post when there is a total of three (3) members present.

5. The annual meeting of the Post shall be the first regular meeting following the Department Convention.

ARTICLE XVI – Dues

1. The annual dues for membership in this Post shall be $35.00 per year until amended by the Post O143 membership at a regular meeting.

2. All elective and appointed Post Officers will tender current dues to the Post Adjutant Officer not later than sixty days following their installation in office. Officers elected in the May regular meeting must have their dues paid before the Department Convention. Any elective or appointed Post Officer not so tendering his/her current dues, will under the provisions of these by-laws automatically vacate his/her official position.

3. The funds of this Post shall not be pledged to support any money raising venture managed or controlled by any private promoter. Any Officer violating this order shall be removed from his/her office.

ARTICLE XVII – Eligibility

1. Applicants for membership upon presenting evidence of eligibility as provided for in Article ill, paragraph (1) of the Constitution of The American Legion, Department of Washington, will be balloted upon in regular Post meeting upon second reading or written application for membership giving required service eligibility’s and accompanied by the sum covering one year’s dues in this Post. A majority voice vote will approve membership.

ARTICLE XVIII – Suspension or Expulsion of Members

1. Members may be suspended or expelled from the American Legion or this Post only upon proper showing of cause. Charges may be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of the American Legion. The charges must be made under oath in writing, and no member in good standing shall lose his membership until given a fair trial in such a manner and form as the Department Executive Committee shall approve. A copy of the charges shall be given to the member concerned and he shall be given an opportunity to be heard upon the charges at a regular meeting of the Post. A vote of two thirds of the members present at such meeting shall be required to expel the member concerned.

2. Any member who has been suspended or expelled has the right of appeal to the Department Executive Committee provided such expulsion and decision of the Department Executive Committee shall be final.

ARTICLE XIX- Use of Legion Name and Insignia

1.This Post will at all times comply with the National Constitution and Mandates of the National Conventions and National Executive Committee as to the use of the Legion name and Insignia as copy-righted and patented under laws of the United States.

ARTICLE XX – Delegates to Department Convention and Spring Conference

1.Delegates and alternates to the Department Convention shall be elected by ballot by the Post at a regular meeting of the Post to be held at least 45 days prior to the start of the Department Convention provided that notice of the pending election has been given at the meeting immediately prior to the scheduled election of delegates. The Post Adjutant to certify immediately to Department Headquarters on form provided the names of such delegates and alternates elected. Number of such delegates and alternates to be elected as provided by the Department Constitution.

2.One delegate and one alternate to the Spring District Conference shall be elected by ballot by the Post at a regular meeting of the Post to be held at least 45 days prior to the start of the Spring District Conference, provided, that notice of the pending election has been given at the meeting immediately prior to scheduled election of delegates; for the purpose of casting the vote of this Post for Commander and Vice Commander of the 9th District. The Post Adjutant to certify to the District Commander in the office at least five (5) days previous to the date of the Spring Conference the names of delegate and alternate so elected.

3.A report, whether written or oral, will be given at the discretion of the Post Commander.

ARTICLE XXI -Amendments

1.These by-laws may be amended at any regular Post meeting by a vote of two thirds of the members of said Post attending such regular meeting: Provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post. The proposed amendment shall be distributed to all Post members no less than 30 days prior to the final vote, with notice of the times, dates, and locations of the first reading and final vote.

ARTICLE XXII- Adoption of By-laws

1. These by-laws are hereby adopted as the by-laws of this Post and each and all thereof is subject to the provisions of the National Constitution and by-laws of the American Legion and the Department of Washington, The American Legion.

2. Any provision of any amendment of said National Constitution or by-laws or Department Constitution which is in conflict with any provision hereof shall be regarded as automatically repealing or modifying the provisions of these by-laws to the extent of such conflict.

     1. The current edition of Robert’s Rules of Order Newly revised shall prevail whenever an issue occurs that is not covered by these by-laws.

     2. Definition of Post. The term Post used in these by-laws refers specifically to those activities and programs which deal directly with the Membership and  
Post 0143 Methow Valley operations which are approved in the annual budget.

     3. Interpretation. Any disagreement with regards to the interpretation of these by-laws shall be settled by the membership which shall write an interpretation
that reflects the view of a majority of the members in attendance at the meeting.

     4.  Post 0143 Methow Valley will comply with the National Constitution of The American Legion.

END OF BY-LAWS

Tristan B. Gilbert
Commander, American Legion Post 0143
08 May 2014

Erick G. Tillberg
Adjutant, American Legion Post 0143
08 May 2014