Section 1: The Post existing under these By-Laws is to be known as Renton – Pickering, Post No. 79, The American Legion, of the Department of Washington.

Section 2: The objects of this Post are as set forth in the Constitution.

Article II — Management

Section 1: The government and management of the Post are entrusted to an Executive Committee of a maximum of nine elected members, unless an individual holds more than one office.

Section 2: The officers of the Post shall be the Post Commander, First Vice-Commander, Second Vice-Commander, Adjutant, Finance Officer, Service Officer, Chaplain, Historian, Judge Advocate, and Sergeant-at-Arms. All elections of officers shall be by ballot and the candidate or candidates receiving the highest number of votes shall be elected to the respective office or offices for which they are candidates. The Junior Past Commander shall also be considered an elected officer, except that succession to that office is automatic when a Commander completes his/her term of office and is succeeded by a new Commander.

Section 3: The Executive Committee shall be composed of the Commander, First Vice-Commander, Second Vice-Commander, Adjutant, Finance Officer, Service Officer, Historian, Judge Advocate, Sergeant-at-Arms, and the Junior Past Commander. The Commander of the Post shall be chairman of the Executive Committee, and the Adjutant shall act as the secretary. Any member of the Post in good standing may attend meetings of the Executive Committee, but shall have no vote.

Section 4: The Executive Committee shall be appointed annually at the May Post Meeting and take office following the annual Department Convention.

Section 5: An officer who is absent for three consecutive meetings of the Post may be declared to have forfeited his elective office by the Executive Committee. Except that his/her absence is due to a business engagement, or connected with the American Legion, or for good cause. The officer should notify the Commander prior to absence to be excused. The Commander shall fill such vacancy by appointment, subject to the approval of the Executive Committee.

Section 6: The elected officers, employees and other agents of this Post shall be eliminated from personal liability under Chapter 212 of the 1987 Washington Sessions Laws, which amended RCW 23A.12.020, 24.03.025 and 24.06.025. Under this law the Post will indemnify these persons for any conduct except intentional misconduct, knowing violation of law, illegal dividends, or loans where these persons personally received a benefit in money services to which they were not legally entitled.

Article III — Post Executive Committee

Section 1: The Post Executive Committee shall meet for organization and such other business as may come before it at the call of the Post Commander within ten (10) days after the installation of the new officers. Thereafter the Post Executive Committee shall meet at the call of the Commander at least monthly or as often as said Commander may deem necessary. The Commander shall call a meeting of the Post Executive Committee upon the joint written request of three or more members of said Post Executive Committee, and three members of the committee shall constitute a quorum thereof.

Section 2: The Post Executive Committee shall hire such employees as may be necessary; shall authorize and approve all expenditures; shall require adequate bonds from all persons having the custody of Post funds; shall hear the reports of Post committee chairs; and generally, shall have charge of and be responsible for the management of the affairs of this Post.

Section 3: As appointed by the Commander, three (3) members of the Executive Committee shall function as an Audit Committee, to provide an annual audit of the accounts of the Finance Officer. They will report their findings to the Executive Committee, and to the Post membership at the annual meeting which is the first meeting which follows the Department Convention.

Article IV — Election of Officers

Section 1: Officers of Post # 79 will be nominated at the regular meeting in April. At this meeting the Nominating Committee will present recommendations as the initial nominations. Nominations from the floor will also be accepted.

Section 2: Officers of Post # 79 shall be elected at the regular meeting in May.

Section 3: The Officers Guide and Manual of Ceremonies, Chapter IV – Nominations and Elections, shall be the final authority for the conduct of elections.

Section 4: Whenever a vacancy shall occur, the Commander shall fill such vacancy by appointment. Said appointment will serve until the next election of Officers of the Post.

Article V — Vacancy in Office

Section 1: Any Post office shall automatically be declared vacant in the event that the officer neglects his/her responsibility in any of the following ways:

(a) Absent from three (3) or more consecutive meetings without an excuse acceptable to the Post Executive Committee.

(b) Dues not paid as specified.

Section 2: Filling of a vacancy will occur as follows:

(a) In the case of a vacancy in the office of commander, the First Vice-Commander shall immediately succeed to the office of commander upon announcement of the vacancy, with the First Vice-Commander automatically then vacated.

(b) In the case of a vacancy in the office of the First Vice-Commander, the Second Vice-Commander shall immediately succeed to the office of First Vice-Commander on announcement of the vacancy, with the office of Second Vice-Commander then automatically vacated.

(c) In the case of a vacancy of any other office, the commander shall fill such vacancy by appointment. Said appointment to serve until the next election of officers.

Article VI — Duties of Officers

Section 1: Duties of Post Commander. It shall be the duty of the Post commander to preside at all meetings of the Post and to have general supervision over the business and affairs of the Post, and such officer shall be the chief executive officer of the Post. The commander shall make an annual report covering the business of the Post for the year, and recommendations for the ensuing year, which shall be read at the annual meeting and a copy thereof immediately forwarded to the Department adjutant. The commander shall perform such other duties as directed by the Post. The commander’s name will be on file with the Post banking institution.

Section 2: Duties of First Vice-Commander. The First Vice-Commander shall assume and discharge the duties of the office of commander in the absence or disability of, or when called upon by the Post commander.

Section 3: Duties of Second Vice-Commander. The Second Vice-Commander shall assume and discharge the duties of the office of First Vice-Commander in the absence or disability of the First Vice-Commander.

Section 4: Duties of Adjutant. The adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings, keep such records as the Department and National Organizations may require, render reports of membership annually or when called upon at a meeting, and under direction of the commander handle all correspondence of the Post.

Section 5: Duties of the Finance Officer. The finance officer of the Post shall have charge of all finances and see that they are safely deposited in a local bank or banks and shall report once a month to the Executive Committee the condition of the finances of the Post, with such recommendations as may deem expedient or necessary for raising funds with which to carry on the activities of the Post. The finance officer shall sign all checks disbursing the monies of the Post for general operating expenses. The finance officer shall sign all other check concerning Post business after approval of the expenditures by the Executive Committee. The finance officer will prepare the financial records of the Post and ensure they are ready for Audit by the Executive Committee and will make such information available for all Post members at reasonable times and upon request. The finance officer will insure that an annual IRS Tax Form 990 is filed when required in a timely manner. The finance officer will insure that the non-profit property tax exemption is kept current.

Section 7: Duties of the Service Officer. The service officer will assist members and such other veterans as may request assistance in the prosecution of all claims to the government. The service officer will have charge of all problems relating to the welfare of members of this Post. The service officer will conduct all investigations and administer all relief, including the expenditures of funds provided under the State Indigent Soldiers and Sailors Relief Act. The service officer will maintain close liaison with Department Service Officer and will also coordinate Post activities as may be related to Veterans hospitals and homes in the vicinity of the Post.

Section 6: Duties of Historian. The historian shall prepare and keep a true chronological record of the Post activities, and prepare a Post History Book as prescribed in the Officers Guide and Manual of Ceremonies.

Section 7: Duties of Chaplain. The duties of the chaplain shall be as are usual for that office as prescribed by the Officers Guide and Manual of Ceremonies. All services are nonsectarian.

Section 8: Duties of Sergeant-at-Arms. The sergeant-at-arms shall preserve order at meetings and shall perform such other duties as may be from time to time assigned by the Post Executive Committee and as are prescribed by the Officers Guide and Manual of Ceremonies.

Section 9: Duties of the Judge Advocate. The judge advocate shall supply professional advice in the conduct of the post business or to procure proper counsel. The judge advocate shall be available to the service officer for legal advice and to the Americanism committee on matters relating to education and naturalization laws. The judge advocate and legal committee are charged by the suggested post constitution with the duty of auditing post financial accounts. This should be done annually just before the election of officers or more frequently at their discretion.

Section 10: Duties of Junior Past Commander. The junior past commander shall share with the current commander the experiences of the previous year, and the lessons learned.

Article VII— Delegates

Section 1: Delegates and alternates who represent the Post at the Department Convention of The American Legion, shall be elected by ballot by the Post at a regular meeting of the Post to be held at least forty (40) days prior to date of such Convention.

The election shall be by majority vote of those present at the meeting.

Article VIII — Membership

Section 1: Application for membership may be accepted with written application on the prescribed form accompanied by the annual dues, and satisfactory proof of eligibility. The report of the Post Adjutant shall be submitted to the membership for consideration and approval.

Section 2: All applications for membership shall be acted upon at the next Post meeting following the making of such application. The application shall be accepted, rejected, or further referred for investigation and consideration.

Section 3: Each Post is the judge of its own membership. If three (3)or more members cast their vote against the acceptance of said membership, then said application shall be recorded as rejected. A rejection shall not again be considered until after expiration of six (6) months from the date of such application.

Section 4: Eligibility for membership in this Post shall be confined to persons qualified under eligibility clause of the constitution of this Post.

Section 5: Post dues shall be $35.00 as changed by yearly vote, on a yearly basis.

Section 6: A member whose dues are not paid by June 30^th is delinquent. A member whose dues remain unpaid on July 1^st shall be suspended from all privileges of membership. Dues not paid on June 30^th shall cause membership to be forfeited.

Section 7: A forfeited membership may be reinstated by vote of Post membership and payment of dues for the year in which reinstatement occurs.

Section 8: A paid member may transfer to this Post by making application to the Adjutant. On receipt of said application, it shall be submitted to the membership for consideration and approval. The Adjutant shall then cause a transfer to be issued.

Section 9: A member may be suspended or expelled from this Post only upon proper showing of just cause, based on disloyalty, neglect of duty, dishonesty, or conduct unbecoming of the Legion. Charges must be made under oath in writing, and a copy provided to the member concerned. Such member shall be afforded a fair trail as specified by the Department Executive Committee, and shall be given the opportunity to defend against charges at a regular meeting of the Post. A vote of two-thirds of members present provided a quorum is present is required for expulsion.

Section 10: The Post shall pay the annual dues of any member of the Post upon reaching fifty (50) continuous years of membership.

Section 11: The Post shall pay the annual dues of any active duty service member who is member of the Post in good standing.

Article IX — Meetings

Section 1: Regular meetings of Post # 79 shall be held on the second Thursday of the month at 6:00 PM at the Post Headquarters on 38625 River Street in Snoqualmie unless otherwise noted.

Section 2: The Annual Meeting of Post # 79 shall be the first regular meeting following the Department Convention.

Section 3: Regular meetings of the Executive Committee shall be held 6:00 PM on the Tuesday immediately prior to regular Post meetings which are held on the second Thursday of the month.

Section 4: The Post commander or a majority of the Executive Committee shall have power to call a special meeting of the Post at any time.

Section 5: Upon the written request of five members, the Executive Committee shall call a special meeting of the Post.

Section 6: A quorum of seven (7) members shall be required at Post or special meetings. A quorum at an Executive Committee requires the presence of three (3) members of the appointed Executive Committee.

Section 7: No alcoholic beverages will be consumed at any of the Post meetings.

Article X — Appointments

Section 1: The Post commander, immediately upon taking office each year, shall appoint the following standing committees as needed: Americanism, Ceremonials, Children and Youth, Economic, Finance, Foreign Relations, Graves Registration and Memorial, House and Entertainment, Legislative, Membership, Public Relations, Veterans Affairs and Rehabilitation, National Security, Sons of The American Legion and Visiting or VAVS. Such standing committees shall consist of such members, and the chair thereof, as shall be designated by the Post commander.

Section 2: As needed, special committees shall be appointed by the Post commander to accomplish specified tasks not covered by standing committees.

Article XI — Rules of Order

Section 1: All proceedings of this Post shall be conducted under and pursuant to Roberts’ Rules of Order, except as herein otherwise provided.

Article XII — Policy

Section 1: All resolutions, motions, or proposals relating to or affecting the general policy of the Post shall not be submitted to a vote on the same date read. A notice shall be posted in the Post Newsletter prior to a vote by membership at the next meeting.

Article XIII — Resolutions

Section 1: All resolutions of state or national scope presented to this Post by a member or reported to this Post by a committee shall merely embody the opinion of this Post on the subject and copy of same shall be forwarded to the Department headquarters for its approval before any publicity is given or action other than mere passage by the Post is taken.

Article XIV — Notices

Section 1: Every member shall furnish the Post adjutant with an address for mailing and an email address if they have one.

Section 2: The Post adjutant shall cause notice of the annual election to be given at least two weeks prior thereto.

Article XV — Limitations of Liabilities

Section 1: The Post shall incur, or cause to be incurred, no liability nor obligation whatever which shall subject to liability any other Post, subdivision, members of The American Legion, or other individuals, corporations or organizations.

Article XVI — Amendments

Section 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 preceding regular meeting of said Post: and, provided, further, that written notice shall have been given to all members at least fourteen days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the By-Laws is to be voted upon.

Article XVII — Other Matters

Section 1: Any matters relating to the business of the organization, not specified by these By-Laws, must be referred to the Executive Committee for the determination or adjustment thereof.

CERTIFICATION

These revised By-Laws were presented to the Post # 79 membership at the regular Post meeting on Thursday, December 10, 2009 and a quorum was present.

Certified:

________________________ _________________________

Steven D. Fenton, Richard DeWitt,

Commander Adjutant