THE AMERICAN LEGION

DEPARTMENT OF WASHINGTON
POST # 79
CONSTITUTION
Article
IV— Executive Committee
Article VI — Delegates to District and Department
Article
X — American Legion Auxiliary
Article
XI — American Legion Riders
Article
XIII — Rules of Procedures
Renton – Pickering Post No. 79
THE AMERICAN LEGION
Department of Washington
Preamble
FOR GOD AND COUNTRY
WE ASSOCIATE OURSELVES
TOGETHER FOR THE
FOLLOWING PURPOSES:
To uphold and defend the
Constitution of the United States of America; to maintain law and order; to
foster and perpetuate a one hundred percent Americanism; to preserve the
memories and incidents of our associations in the Great Wars; to inculcate a
sense of individual obligation to the community, state and nation; to combat
the autocracy of both the classes and the masses; to make right the master of
might; to promote peace and good will on earth; to safeguard and transmit to
Posterity the principles of justice, freedom and democracy; to consecrate and
sanctify our comradeship by our devotion to mutual helpfulness.
Section 1: The name of this organization shall be Renton
– Pickering Post No. 79, The American Legion, Department of Washington
Section 1: The objects and purposes of this Post shall be
to promote the principles and policies as set forth in the foregoing preamble,
and the National and Departmental Constitutions of The American Legion.
Section
1 : This Post is a civilian
organization and membership therein does not affect or increase liability for
military or police service.
Section 2: This organization
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.
Section 3: Rank does not exist in The American Legion;
no member shall be addressed by his military or naval title in any meeting of
this Post.
Section 1: The administrative affairs of this Post of
The American Legion shall, except as may be otherwise provided by the By-Laws,
be under the supervision of an Executive Committee which shall consist of 7
members. In those cases where an
individual may hold one or more positions listed in Section 2, he or she will
be entitled to only one vote. The term
of office of members of the Executive Committee shall be for one year.
Section 2: There shall be a Post Executive Committee
composed of the Commander, First Vice-Commander, Vice Commander, Second Vice
Commander, Adjutant, Finance Officer, Service Officer, Judge Advocate,
Historian, Sergeant-at-Arms, and Junior Past Commander.
Section 1: The officers of this Post shall be a Commander,
a First Vice-Commander, a Second Vice-Commander, an Adjutant, a Finance
Officer, a Historian, a Chaplain, Service Officer, a Judge Advocate, and a
Sergeant-at-Arms, and such other officers as may be deemed necessary by this
organization. The Junior Past Commander
shall 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. The duties of
elected officers shall be specified by the By-Laws.
Section 2: All elected officers shall be elected
annually for a one year term, and shall hold office until their successors are
duly installed or as otherwise provided.
Any officer may be removed for inefficiency by the Executive Committee,
a two-thirds vote of said committee being necessary to effect such removal.
Section 3: Every member of this Post in good standing
shall be eligible to hold office in this Post.
Section 4: Nominations, elections, and installations
shall be specified by the By-Laws.
Section 5: The provisions for automatic vacating of
office and filling of vacancies shall be specified in the By-Laws.
Section 1: This Post is entitled to and shall elect and send the
appropriate number of Delegates and Alternates (as established by the District Constitution) to the 11th District Spring Conference for the purpose of presenting the Post Annual Report, and of casting the Post’s vote for the District Commander, Vice Commander, and such other officers as may be authorized for the coming year, and for any other District business brought before the delegates at the meeting.
Section 2: If other District Conferences are duly
convened and Post delegates are specified by District or Department, their
election and certification shall be as specified for the Spring Conference.
Section 3: The Post is entitled to at least one Delegate
and one Alternate to the Department Convention.
Additional delegates shall be specified in the Department
Constitution. The outgoing Post
Commander shall automatically be the first delegate.
Section 4: The Post Adjutant shall use the form provided
by Department for certifying the names of the Delegates and Alternates, so
elected immediately following the election, and mail to the Department Adjutant
without delay.
Section 1: Any person shall be eligible for membership
in the American Legion, and in this Post, who:
(a)
Was a member of any branch of
the United States Armed Forces and assigned to active duty during any period so
specified by the U.S. Congress and promulgated in the National and Department
Constitution and/or By-Laws.
(b)
Being a United States citizen
at the time of entry therein, served on active duty in the armed forces of any
of the governments associated with the United States in the same periods,
provided, that:
(c)
Such service was terminated
by honorable discharge or separation or continued under honorable conditions
after such period; and
(d)
No person shall be entitled to
membership who, being in such service during any such period, refused on
conscientious, political, or other ground to subject himself/herself to
military discipline or unqualified service.
Section 2: Every new applicant for admittance to
membership shall present to the Post Adjutant, for inspection and approval, an
honorable discharge or a certified copy thereof and any or all proofs which
must serve to fully satisfy the Post Adjutant as to the applicant’s eligibility
before such membership may be presented to the Post and before approval for
membership into the Post is granted and given.
Section 3: Each applicant
for membership in the Post shall present a completed official membership
application or transfer form, together with the current dues, for a vote by the
Post membership.
Section 4: All applications for membership shall be
acted upon at the next Post meeting following the making of such application,
and shall at such meeting, be accepted, rejected or referred for further
investigation and consideration. If a
majority of the members cast their vote against the acceptance of said
application, then the application shall be recorded as rejected.
Section 5: Each application for membership in this Post
shall be voted on as required by the By-Laws, and Post Adjutant shall maintain
records of each member showing address, phone, email address, branch of
service, serial number, date of enlistment, date of discharge, type of
discharge, annual dues status, and years of continuous membership.
Section 6: In keeping with the National and Department
Constitutions, this Post shall be the judge of it’s own membership, subject to
the provisions of it’s Constitution and By-Laws, except that, no person who is
a member of an organization which has it’s aim the overthrow of the United
States Government by force or violence or who subscribes to the principles of
any group opposed to our form of government shall be eligible to become or
remain a member.
Section
7: Post Membership. Under the provisions
of the National and Department Constitutions, no person may be a member of this
Post who is also a member of another Post, and no person who has been expelled
by a Post of the American Legion shall be admitted to membership in this Post
without the consent of the expelling Post.
Section
8: Form or Class of Membership.
There shall be no form or class of membership except an active
membership; and dues shall be paid either annually or for life.
Section 9: The
amount of dues and any initiation and/or reinstatement shall be fixed by the
Post By-Laws.
Section 10: Any
member of the Post may be expelled or suspended from the Post in accordance
with the Post By-Laws.
Section 1: Regular and special meetings of the Post
shall be specified in the By-Laws, and all members shall be notified of
scheduled meetings.
Section 2: Meetings of the Executive Committee shall be
specified by the By-Laws.
Section 3: A quorum at a Post meeting, regular or
special, is required as prescribed in the By-Laws.
Section
1: The revenue of this Post
shall be derived from membership or initiation fees, from annual membership
dues and from such other sources as may be approved by the Post Executive
Committee.
Section 2: The amount of such membership or initiation
fees and the amount of such annual Post dues shall be fixed and determined by
this Post.
Section 3: The Post shall pay to Departmental
headquarters the National and Departmental a per capita amount established by
the Department and National of the annual membership dues for every member of
the Post.
Section 1: This Post
recognizes an auxiliary organization to be known as the Auxiliary Unit of
Renton – Pickering Unit # 79, The American Legion. This organization is authorized and shall
operate in compliance with the National and Department Constitutions of both
the American Legion and the American Legion Auxiliary. No activity of that Unit shall conflict with
activities of the Post, and the Post shall encourage and cooperate with the
Unit in all of its activities.
Section 2: Membership in the Auxiliary shall be as
prescribed by the National Constitution of the American Legion Auxiliary.
Section 1: This Post
recognizes an affiliation with the organization known as the “Snoqualmie Riders”
of Renton–Pickering Post # 79, The American Legion. The affiliation with this organization is
authorized and the organization shall operate in compliance with the National
and Department Constitutions of both the American Legion and American Legion
Riders. No activity of that organization
shall conflict with activities of the Post, and the Post shall encourage and
cooperate with the organization in all of its activities.
Section 2: Membership in the Riders shall be as
prescribed by the National Constitution of the American Legion Riders.
Section
1: This Constitution is adopted
subject to the provisions of the national Constitution of The American Legion
and of the Department Constitution of the Department of Washington, The
American Legion. Any amendment to said
National Constitution or Department Constitution which is in conflict with any
provisions hereof shall be regarded as automatically repealing or modifying the
provisions of this Constitution to the extent of such conflict.
Section 2: This Constitution
may be amended at any regular Post meeting by vote of two-thirds of the members
in attendance provided a quorum is present, and provided the proposed amendment
shall have been submitted in writing and read at the preceding regular meeting
of said Post, and providing, further, 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 Constitution is to be voted upon.
At the meeting in which the amendment(s) are read and voted upon, an
opportunity for questions and discussion will be provided prior to the vote.
Section 1: On all
matters not specified in the Constitution, the Post By-Laws, the Post Officers
Guide and Manual of Ceremonies, the Department or National Constitution and
By-Laws, the Roberts Rules of Order shall govern.
This revised Constitution was 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