AMERICAN LEGION

SELMER H T MYREBOE POST 245

PO Box 678, Poulsbo, WA 98370 

(360) 328.8715

POST BYLAWS

Revised and Adopted

 

TABLE OF CONTENTS

 

PREAMBLE                                                                                                                Page 3

ARTICLE I          Post 245 Name                                                                             Page 3

ARTICLE II         Objective                                                                                      Page 3

ARTICLE III        Discrimination                                                                            Page 3

ARTICLE IV        Members                                                                                       Page 4

ARTICLE V         Post Organization                                                                        Page 6

ARTICE VI          Post Officers                                                                                 Page 7

ARTICLE VII       Executive Committee                                                                 Page 13

ARTICLE VIII      Committees                                                                                 Page 14

ARTICLE IX        Finance                                                                                          Page 14

ARTICLE X         Discipline                                                                                       Page 15

ARTICLE XI        Meetings                                                                                       Page 16

ARTICLE XII   Department Convention                                                                Page 17

ARTICLE XIII              Parliamentary Procedures                                                 Page 17

ARTICLE XIV      Miscellaneous                                                                                Page 18

ARTICLE XV   Masculine and Feminine Genders                                                  Page 18

ARTICLE XVI      Amendments                                                                                  Page 18

CERTIFICATION PAGE                                                                                                 Page 19

 

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 all wars;

To inculcate a sense of individual obligations 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.

 

                   ARTICLE I

NAME

The name of this organization shall be the “American Legion, Selmer H T Myreboe Post 245." It may be referred to as "Post" or "Post 245”. The Post is duly constituted by Charter from the National Organization of The American Legion, dated 22 Feb 2024 and was organized as a nonprofit corporation under the laws of the State of Washington on 22 Feb 2005.

    ARTICLE II

OBJECTIVE

The objective of Post 245 shall be to abide by and promote, stimulate, and coordinate the programs of The American Legion and Department Bylaws of the American Legion, Department of Washington.

                ARTICLE III

DISCRIMINATION

Discrimination, intimidation, verbal assault, harassment, intolerance, bigotry, and bullying are antithetical to the values of the American Legion and Selmer H T Myreboe Post 245.  It is unacceptable within the Legion community. This

Post seeks to affect this through a policy of non-discrimination, which prohibits discrimination based on race, religion, color, sex, age, ancestry, disability, marital status, sexual orientation, former rank, and volunteer/employee status.  

Sexual harassment will not be tolerated by Post 245 nor by its members.  Examples of conduct that may constitute sexual harassment include, but are not limited to the following: 

1. Unwelcome, unwanted, unsolicited verbal, or written propositions. 
2. Obscene or suggestive remarks, gestures, or jokes of a sexual nature or about genders specific traits. 
3. Unwelcome and intentional physical behavior such as kissing, hugging, pinching, back rubs, pats on the butt, or “accidental” brushing another individual  
4. Displaying or circulating photographs or other materials and objects that are sexually suggestive or that demean or display hostility toward an individual because of the individual’s gender. 
5. Any other unlawful verbal, non-verbal or physical advances and/or harassment.  
6. Discussion of sexual acts.  
7. Impeding or blocking another person’s physical movements. 

All the above shall apply to text messages, audio, and electronic communications such as telephone calls, voice mail, and emails. 

ARTICLE IV

MEMBERS

        Section 1. Eligibility  

1. Any person who meets the eligibility requirements for membership as established in the National Constitution of the American Legion is eligible for Post Membership
2. No person shall be eligible for membership in Post 245 while that person is a member of another post.
3. No person who has been expelled from any post is eligible for membership without a vote of two thirds (2/3) of the members present at a membership meeting.
4. There shall be one class of membership: Active.
5. Members may choose to pay a one-time fee or utilize a time payment plan to gain a Paid Up for Life membership.  Rates and forms are available at mylegion.org for either electronic submission or printed form.  

       Section 2. Application  

1. Application shall be made in writing and be accompanied by payment of the first year's dues, and proof of eligibility (DD-2l4 or equivalent).  
2. The receipt shall serve as a provisional membership card until the application is acted on.  
3. Membership applications shall be acted on at the next Executive Committee meeting.  
4. If membership is not approved the application fee will be refunded.

       Section 3. Transfers 

A Legionnaire may transfer their membership from another post upon written application, proof of eligibility for membership, and payment of the current year's dues.

        Section 4. Suspension and Expulsion.

1. A member may be expelled or suspended from the Post and the American Legion only after a fair trial with the right to appeal; Reasons for suspension or expulsion are disloyalty, neglect of duty, dishonesty or conduct unbecoming a member of the American Legion. The trial shall be conducted using the procedures in the current edition of the American Legion Officers Guide and Manual of Ceremonies.
2. A member whose dues are not current is automatically suspended and all privileges are revoked. The member shall be reinstated by the Adjutant or Finance Officer upon payment of dues.
3. Any member who has been suspended or expelled from this Post has the right to appeal to the Department Executive Committee (DEC), whose decision shall be final. The member must file the appeal within 40 days of the suspension or expulsion. 

       Section 5. Dues  

1. Annual dues shall be established by the Executive Committee. Changes in dues shall be in five (5) dollar increments. The maximum increase in dues in any year shall be no more than $15.00. The Executive Committee shall notify the membership of the next year’s dues no later than September 1 of each year.
2. The Post Membership may grant Life Membership to any member in good standing for outstanding service to the Post. The Post shall pay the Post dues for Life Members if the member is a member in good standing of the Post.
3. The Post Membership may vote to pay the full dues for Post members who are active-duty military or first responders if those members request that the Post do so by November 30th of each year.
4. Dues are paid annually and are due on July 01 of the current calendar year.  If a member’s dues are not paid prior to January 01 of the following year that member becomes delinquent.  After that date if the dues are not paid by February 01 the member is suspended.  Thirty (30) days prior to June 30 the Post Adjutant shall give written notice of the removal from the rolls as of June 30.
5. The Executive Committee may vote to pay the annual dues of various members such as World War II, Korean War, etc.

ARTICLE V

 POST ORGANIZATION 

1. The minimum membership for a Department of Washington Post shall be fifteen qualified persons. 
2. Selmer H T Myreboe Post 245 is named after a World War I veteran. He was a charter member of the first American Legion Post in Poulsbo, Washington.  Post 88 was the first American Legion Post in Poulsbo. 
3. All elective Post 245 Officers shall be elected annually at the Post general membership meeting held not more than 30 days prior to the annual Department Annual Convention. The Post Officers so elected shall be installed in their respective offices not more than 30 days after the adjournment of the Department Convention. 
4. All other Post Officers shall be appointed by the Post Commander and confirmed by the Post Executive Committee.
5. Immediately following the election of Post officers, the Post Adjutant shall notify the Department Adjutant of the names, addresses, e-mail addresses, and telephone numbers of all Post officers and shall include the date of the election. Additionally, the Post Adjutant shall certify the eligibility of each officer. This shall include the officer’s position elected to, full name, military service eligibility, and dates of service. 
6. All elective officers of Post 245, Delegates, and Alternate Delegates to the Department Convention shall be elected annually at a Post meeting and shall be certified to the Department Headquarters not more than 30 days nor less than 10 days prior to the next Department Convention.

Certification to be made on forms furnished or prescribed by the Department of Washington. 

7. Any officer of the Post, elective or appointive, may be reprimanded, suspended, or removed from office for any of the reasons herein above set forth as a basis for suspension or expulsion of members and by the same procedure outlined in Article IV, Section 4 above.
8. Post 245 shall use and follow the Officer's Guide and Manual of Ceremonies. 
9. A quorum shall be determined by the Post 245 Bylaws and in accordance with RCW-24-03-A565. 
10. Post 245 shall utilize Generally Accepted Accounting Procedures to account for funds of the Post. 
11. Post 245 shall maintain minutes of all Post meetings. 
12. The Membership Director shall maintain the membership records of the     Post. 
13. The books, records, and accounts of the Post shall be made available for inspection by the Post Commander or their designee(s) when requested in connection with formal charges. 
14. As Post members pay their dues, the Membership Director shall transmit membership funds via mylegion.org to the National

Headquarters.  The Membership Director shall ensure membership cards are received by the member in the most expeditious means possible. 

15. Post 245 shall hold regularly scheduled monthly meetings each year. 
16. Post 245 shall participate in 3rd District Meetings and Conferences and shall provide reports to the 3rd District officers as requested. Post 245 shall send a delegate or delegates to represent the Post at each District Conference.
17. Department of Washington Executive Committee shall decide questions arising under this section. The Post 245 Bylaws will be considered effective upon on a vote of approval by the Post 245 membership. 

ARTICLE VI

OFFICERS

    Section 1:  Officers of the Post.  

1. The elected officers of Post 245 shall be Post Commander, First Vice Commander, Second Vice Commander, Executive Committee Director, Finance Officer, Post Adjutant, and Membership Director.
2. The appointed officers of Post 245 shall be: Post Chaplain, Post Historian, Sergeant-at-Arms, and Resource Officers.

    Section 2: Duties of Post Officers.  

The officers of Post 245 shall have the following responsibilities and duties:

Post Commander.

1. Is the chief executive officer of the Post and the chair of the Post Executive Committee.
2. Provides general supervision over the business and affairs of the Post.
3. The Post Commander shall approve all orders directing the disbursement of funds.
4. In conjunction with the Finance Officer, make recommendations to the Executive Committee and the members of fund raising activities and/or opportunities.
5. The Post Commander shall perform such other duties as directed by the Executive Committee.

First Vice Commander. 

1. The First Vice Commander shall assume and discharge the duties of the office of Post Commander in the absence or disability of, or when called upon by the Post Commander.  
2. The First Vice Commander shall perform such other duties as directed the Executive Committee.
3. The First Vice Commander is a voting member of the Executive Committee.

Second Vice Commander.  

1. The Second Vice Commander shall assume the duties of the office of Post

Commander in the absence or disability of the Post Commander and First Vice Commander, or when called upon to do so by the Post Commander.  

2. The Second Vice Commander will also be responsible for meeting programs.
3. The Second Vice Commander is a voting member of the Executive Committee.

             

Post Adjutant.

1. The Adjutant shall be a voting member of the Executive Committee.
2. The Post Adjutant shall have charge of and keep a full and correct record of all proceedings of all meetings.
3. Shall keep such records as the Department or Washington and National Headquarters may require.
4. Shall submit all annual reports as required by National Headquarters or the Department of Washington. 
5. The Adjutant shall also be responsible for preparations and completion of new member initiation into the Post.
6. Shall handle all correspondence of the Post and establish an electronic file of same.

Finance Officer.

1. The Post Finance Officer shall be a voting member of the Executive Committee.
2. The Finance Officer shall be responsible for all Post 245 finances in accordance with these bylaws  and shall
3. Deposit funds in appropriate Post 245 banks accounts, savings accounts or investment accounts as directed by the Executive Committee.
4. Provide a monthly accounting or all expenditures and investments to the Executive Committee and Post membership.
5. Make recommendations to the Executive Committee and the membership for raising of funds with which to carry on the activities of the Post.
6. Prepare the proposed annual Post Budget for presentation to the Executive Committee in January each year.
7. Maintain all Post fiscal records in condition for audit.
8. The Finance Officer shall be bonded, and the Post will be responsible for any fees associated with the bond.
9. The Finance Officer shall insure that liability insurance and errors and omissions insurance is obtained and maintained to protect Post 245 and the Post officers.

Post Chaplain.

1. The Chaplain is appointed by the Post Commander and approved by the Executive Committee.
2. The Post Chaplain shall be responsible for guiding the spiritual welfare of Post 245 members.
3. Will offer nonsectarian service for dedications, funerals, public functions, etc.
4. The Post Chaplain shall perform their duties in accordance with such ceremonial rituals as set forth in the current edition of the Officers Guide and Manual of Ceremonies and the Chaplain’s Prayer Book.

Post Historian.  

1. The Post Historian is appointed by the Commander and confirmed by the Executive Committee.
2. The Post Historian shall be charged with the documentation recording of unofficial and official proceedings of Post 245 members.

Resource Officer.

1. Post Resource Officers are appointed by the Post Commander and confirmed by the Executive Committee.
2. Post 245 Resource Officers shall be available to assist Veterans and their families with VA disability claims, aid and assistance for veterans and/or spouses in need in home care, nursing home or assisted living, widow/widower benefits, and burial benefits. 
3. The Executive Committee shall designate a Senior Resource Officer to oversee the operations of the office.
4. The Senior Resource Officer shall keep abreast of changes in policy emanating from the National Headquarters or the Department of Washington.

Sergeant-at-Arms.

1. The Sergeant-at-Arms is appointed by the Post Commander and approved by the Executive Committee.
2. The Sergeant-at-Arms shall preserve order at all meetings and ensure the completion of such standard ceremonial functions as may be appropriate for meetings of Post 245.
3. Shall perform such other duties as may be from time to time assigned by the Executive Committee.

Executive Director.

1. The Executive Director is a voting member of the Executive Committee
2. Functions as the direct representative of the members acting in the membership’s best interest in all matters before the Executive Committee.

Membership Director.

1. 1. The Membership Director shall serve as a voting member of the Executive Committee
   2. Shall serve as the primary member responsible for management of membership renewals, member transfers, and membership questions.
   3. Shall develop and maintain a reporting method by which membership activity is tracked and reported.
   4. Shall assist the Adjutant with administrative matters as needed.

    Section 3:  Candidate Nominations. 

1. 1. Candidates for elected officer positions of the Post 245 leadership structure shall be solicited by a Nomination Committee.
   2. The Post Commander shall name three (3) members in good standing to the Nomination Committee not later than the regular meeting in March of each year.
   3. The committee chairman will report the candidates nominated for each office at the meeting in April of each year.
   4. Nominations will also be taken from the floor, at both April, May, and June (prior to the election) meetings.
   5. Any member in good standing of Post 245 may be nominated and elected to an officer position.
   6. Each nominee must willingly commit to serve in the position they are nominated for.
   7. No candidate may be nominated to more than one elected position.

    Section 4.  Election of Officers.  

1. 1. Election of Post 245 elected officers shall occur during the regularly scheduled meeting in the month of June of each year.  The election of officers shall be scheduled as the first order of business at that meeting, to ensure that the election process is completed without undue haste or coercion of the members.
   2. Nominations from the floor will be called for and closed properly before each first ballot is called for.  Self-nomination is permissible.
   3. Elections shall be for one position at a time and the results of the election for that position determined and announced prior to moving to the next position.
   4. If there is only one nominee for a position, election may be by voice vote or show of hands.
   5. Otherwise, election shall be by secret ballot with each member casting a single ballot.
   6. A team of tellers of at least two members in good standing who are not standing for election will be responsible for tallying ballots and announcing the results.
   7. In the event of a tie, a revote will be required.  In the event of a second tie vote for the office, the election will be resolved by a flip of a coin.
   8. The common election process shall continue until all elections are completed.

    Section 5.  Appointment of Officers.

 

1. 1. All appointed officer positions are appointed by the Post Commander and confirmed by the Executive Committee.
   2. Appointed officers serve at the pleasure of the Executive Committee.
   3. No individual may be appointed without a willing commitment to serve.

 

    Section 6.  Term/Assumption of Office.

 

1. 1. Elected Officers shall serve for a term of one year, beginning at the close of the Department Convention.
   2. Elected Officers elected in June shall be installed into their offices 30 days prior to the Department of Washington Convention or within 30 days after the convention.
   3. Appointed officer terms begin at the time of their confirmation by the Executive Committee.
   4. There are no limits on the number of terms that an appointed officer may serve.
   5. No appointed officer may serve in more than one appointed office unless the office is essential to the normal operation of Post 245 and has been vacant for 6 months.

 

     Section 7.  Resignations and Vacancies.

 

1. 1. A vacancy shall exist when an officer is absent from the Post for a continuous period considered detrimental to the interest of the post by the Executive Committee.
   2. A vacancy of the Post Commander position shall be filled by automatic promotion of the First Vice Commander.
   3. A vacancy of the First Vice Commander position shall be filled by automatic promotion of the Second Vice Commander position.
   4. A vacancy of the Second Vice Commander officer position and all other non-commander positions of the Post from any cause other than the expiration of the term shall be filled by a majority vote of the voting members of the Executive Committee.
   5. The individual so appointed shall hold office for the unexpired term of the member of the office they are appointed to.
   6. Any Post 245 officer member may resign without question.
   7. All officer resignations shall be in writing with a specified effective date and submitted to the Executive Committee for action.

ARTICLE VII

EXECUTIVE COMMITTEE 

 

1. The executive power is vested in the Executive Committee of Post 245 between the regular Post membership meetings. The legislative power shall be vested in the Executive Committee.  
2. The Post Commander shall have no vote except in the case of a tie vote.
3. Appointed officers as designated in Article VI, Section 1, subparagraph of these Bylaws shall be appointed by the Post Commander.  The

Executive Committee shall confirm or reject all such appointments.  

4. All appointed officers hold office at the pleasure of the Executive Committee. 
5. The duties and responsibilities of said officers is outlined in Article VI of these Bylaws. The Executive Committee shall determine and prescribe additional duties and powers for said officers not specifically delineated in the Post Bylaws. 
6. The Executive Committee shall require from the Finance Officer a full and complete report of Post 245’s financial health on a quarterly basis beginning each calendar year with the January Executive Committee meeting.
7. The Post Commander shall in consultation with the Executive Committee have the power to fill vacancies of any appointed officer position. 
8. The Executive Committee shall be empowered to transact all essential business of the Post not otherwise provided for in these Bylaws. 
9. A simple majority of the voting members of the Executive Committee shall constitute a quorum. 
10. All officers of the Post and members of the Post Executive Committee shall be subject to charge and trial before the Executive Committee for the same causes and in the same manner as are Post members as set forth in Article IV Section 4 of these Bylaws. They shall have the same right of appeal to the Department of Washington Executive Committee. Pending the hearing of any appeal from a decision and order of the Executive Committee suspending or removing from office any officer of the Post or of the Executive Committee shall be filled temporarily from the Post active membership. 
11. All meetings of the Executive Committee are open to any member except when the Executive Committee meets in closed session.  The committee will report the result of a closed meeting. 

ARTICLE VIII

COMMITTEES 

1. The Commander shall appoint such committees as required to fulfill specific duties such as an Audit and Budget Committee and Nominating Committee.
2. ADHOC committees shall be appointed by the Commander deemed necessary to carry on work of the Post or to plan for special events.
3. The Commander shall serve as an ex-officio member of all committees except for the Audit and Budget Committee and the Nominating Committee.

ARTICLE IX

FINANCE 

1. The revenue of Post 245 shall be derived from annual per capita return of membership dues paid on a calendar year basis, investment income, bank savings accounts and donations.  Any other revenue sources must be reviewed by the Executive Committee and submitted to the membership for approval by majority vote. 
2. The amount of annual membership dues shall be determined by the

Executive Committee. And approved by majority vote of the membership.

3. The annual dues shall be collected by the Membership director or Adjutant and transmitted via mylegion.org to the National Headquarters within fifteen (15) days of receipt. 
4. The Post shall purchase fidelity insurance for all employees, volunteers, and Post Officers who handle money, and such insurance shall be in the amount approved by the Post Executive Committee and paid by the Post. 

 The fiscal year of Post 245 shall be from January 1st through December 31st of each calendar year. 

6. The Commander shall appoint an Audit and Budget Committee consisting of the Finance Officer as chairman, Adjutant, Second Vice Commander, Membership Director, and one member-at-large at the November membership meeting, 
7. The Audit and Budget Committee shall perform a complete fiscal audit and prepare a budget for the next fiscal year. The committee’s report shall be presented to the Executive Committee at the January Committee meeting for approval.
8. The Post shall maintain a general bank checking account for daily operational expenses.

 

ARTICLE X

DISCIPLINE

1. Members may be suspended or expelled from Post 245 and from The American Legion only upon proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty, conduct prejudicial to the good name of The American Legion, or conduct unbecoming a member of The American Legion. All charges must be specific and made under oath, in writing, and signed by the accuser. No member in good standing of Post 245 shall lose membership until given a fair trial by the Executive Committee. 
2. No person who has been expelled by Post 245 shall be entitled to membership in another Post without the consent the Post 245 Executive Committee.
3. When permission to join another is denied by the Post 245 Executive

Committee that person may appeal to the Department of Washington

Executive Committee for permission to apply for membership in another Post but shall be ineligible for membership until such permission is granted. 

4. No person who is a member of an organization which has for its 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 of The American Legion. 

  Any officer of the Post 245, elected or appointed, may be reprimanded,

suspended, or removed from office for any of the reasons herein above set forth as a basis for suspension or expulsion of members and by the same procedure outlined in paragraph 3. 

6.  All officers of the Post 245 Executive Committee shall be subject to charge and trial before the Executive Committee for the same causes and in the same manner as are Post members as set forth in paragraph 1 above. They shall have the same right to appeal to the Department of Washington Executive Committee. Pending the hearing of any appeal from a decision and order of the Department of Washington Executive

Committee suspending or removing from office any officer of the Post 245 Executive Committee shall be filled temporarily from the Post 245 member in good standing.

 

ARTICLE XI

MEETINGS  

1. Regular membership meetings shall be held at least once per calendar month at the Post. The Executive Committee shall establish the meeting date and time and shall notify the membership of the same.  The Adjutant shall provide written notice of the upcoming meeting to the members.  Written notice shall include but not be limited to electronic notification such as email or text.  
2. Meetings may be cancelled by a vote of the general membership not later than two weeks before the proposed meeting to be cancelled.  
3. Special membership meetings may be called by the Commander, majority of the Executive Committee, or by written request of ten members in good standing. A meeting may not be held until 48 hours after written notice has been provided to the members.  Written Notice shall include but not be limited to electronic notification such as email or text message.  Attendance at the meeting constitutes a waiver of the notice requirement.  
4. The Executive Committee shall meet when called by the Commander.  Meetings may be called by the Commander or at least four members of the Board.  Meetings may not be held unless 48 hours prior written notice has been provided to the Board members.  Written Notice shall include but not be limited to electronic notification such as email or text message.  Attendance at the meeting constitutes a waiver of the notice requirement.

  Participation by electronic means. With the agreement of the

Commander, a member may participate in a Post or Executive Committee meeting by electronic means, including but not limited to telephone and video conferencing. The member participating electronically must be able to hear all the proceedings, and all the members physically present must be able to hear that member.  

6. During a declared national health crisis, local or state disaster where it is inadvisable to hold meetings the Executive Committee may suspend all Post meetings until it is safe to resume them.  
7. Post 245 shall hold a minimum of 10 membership meetings per year.  The Executive Committee shall announce by the most expeditious means when no membership meeting will be held.

 

ARTICLE XII

DEPARTMENT CONVENTION 

1. The legislative body of The American Legion Department of Washington shall be the annual Department Convention.  Post 245 shall elect delegates and alternate delegates to the annual convention.  The number of authorized delegates and alternates shall be based on current Post 245 membership as determined by the Department.
2. Each Post 245 delegate shall have one vote.  The vote of any absent delegate and not represented by an alternate delegate shall be cast by a majority of the delegates present from Post 245. 
3. The Post shall reimburse Convention delegates for registration fees and room fees.

ARTICLE XIII

PARLIMENTARY AUTHORITY

The most current revised edition of Robert’s Rules of Order shall govern the Post in all cases to which they are applicable, is which they are not in conflict with they Bylaws or standard procedures of the Post.