BY-LAWS

BY-LAWS

WHITEHEAD-MUZZALL POST 7392

VETERANS OF FOREIGN WARS

OF THE UNITED STATES

ARTICLE I

Name and Location

Section 1 – NAME

The charter name of this Post shall be Whitehead-Muzzall Post 7392, Veterans of Foreign Wars of the United States, and the name of the corporation is Whitehead-Muzzall Post 7392, Veterans of Foreign Wars of the United States, Inc.

Section 2 – LOCATION

This Post shall be located in Oak Harbor, Island County, State of Washington.

ARTICLE II

Objects and Subordination

Section 1 – OBJECTS

The objects and purpose of this Post shall be those prescribed in the Congressional Charter, By-Laws, and Manual of Procedure of the Veterans of Foreign Wars of the United States.

Section 2 – SUBORDINATION

The supreme power of this organization is vested in the National Convention and this Post at all times shall be governed by the Congressional Charter and By-Laws and Manual of Procedure of the Veterans of Foreign Wars of the United States, the By-Laws of the Department of Washington, lawful orders issued by the authority of the National Convention, National Council of Administration, and the Commander of the Department of Washington. For the purpose of this article and section, resolutions adopted by the National Convention are held to be lawful orders.

ARTICLE III

Membership Fees and Dues

Section 1 – MEMBERSHIP

Eligibility to, application for, acquiring of, maintenance of, and loss of, membership and discipline pertaining thereto, shall be in accordance with the provisions of the National Congressional Charter, By-Laws and Manual of Procedure of the Veterans of Foreign Wars of the United States.

Section 2 – MEMBERSHIP FEES

The Dues and initiation fees in the Post shall be set at $10.00 above the Department and National dues requirements combined.

ARTICLE IV

Meetings

Section 1 – PLACE

The regular Meeting place of this Post shall be at 3037 N. Goldie Road, Oak Harbor, Washington.

Section 2 – TIME OR LOCATION

The stated Meeting of the Post shall be held on the first Monday of each month to be called to order at 7:00 P.M., except if the first Monday falls on a holiday, the Meeting will be the following Monday. The appointed day and time of regular meetings may be changed by a two-thirds vote of the members present at any regular meeting. The Post members and the Department Commander shall be notified of any change of appointed day and/or time of the regular meeting. The change of location, Meeting place, or name of Post shall be governed by the National By-Laws and Manual of Procedure of the Veterans of Foreign Wars of the United States

Section 3 – SPECIAL MEETINGS

Special Meetings may be called in accordance with the provisions of the National By-Laws and Manual of Procedure of the Veterans of Foreign Wars of the United States.

Section 4 – QUORUM

(a) Six (6) active members in good standing shall constitute a quorum for the purpose of transaction of business.

(b) Meetings will be conducted in accordance with the rules of order as set forth in Section 1004 of the National Manual of Procedure.

ARTICLE V

Officers and Duties

Section 1 – OFFICERS

The officers of this Post, their eligibility to, nomination, election or appointment, installation, and term of office shall be in accordance with the provisions of the National By-Laws and Manual of Procedure of the Veterans of Foreign Wars of the United States.

Section 2 – VACANCIES

Vacancies in office may be declared and shall be filled in accordance with the provisions of the National By-Laws and Manual of Procedure of the Veterans of Foreign Wars of the United States.

Section 3 – DUTIES

The powers and duties of all officers shall be such as prescribed by the National By-Laws and Manual of Procedure of the Veterans of Foreign Wars of the United States, the By-Laws of the Department of Washington, all lawful orders from National and Department of Washington Headquarters, as the Post may direct, or as these By-Laws may hereinafter provide.

ARTICLE VI

Committees and Duties

Section 1 – STANDING COMMITTEES AND DUTIES

The Standing Committees of the Post shall be as follows:

(a) Membership Committee

(b) Relief and Rehabilitation Committee

(d) Building Committee

(e) House Committee

(f) Recreation Land Committee

(g) Fundraising Committee

(h) Other Committees that may be established by the Post

The Post Quartermaster shall be Treasurer of all Committees handling funds.

Section 2 – APPOINTMENT OF COMMITTEES

All Standing Committees of the Post and their Chairpersons, unless otherwise provided by the National By-Laws and Manual of Procedure, shall be appointed by the Post Commander promptly following his installation in office, and they shall serve at his will and pleasure. Committee Chairmen, with the exception of the Relief Committee, will vote only in the case of a tie vote.

Section 3 – SPECIAL COMMITTEES

Special Committees as necessity may require, may be authorized by the Post or the Post Commander.

Section 4 – EXECUTIVE COMMITTEE

(a) The Executive Committee shall consist of the Post Commander, Senior Vice Commander, Junior Vice Commander, Judge Advocate, House Committee Chairman, Recreation Land Committee Chairman, and Adjutant. They shall meet at the call of the Commander, who will be the Chairman, upon notice in respect thereto from the Adjutant, who will be the secretary of the committee, or upon written notice from any three members of this committee. This committee shall be advisory only. Acting upon any matters which may be referred to them by action of the Post, for their consideration and recommendation, and also for such recommendation as the Committee may deem advisable to suggest to the Post for its consideration. Said Committee shall be without authority to act independently for the Post without the specific authority from the Post to do so.

(b) By-Laws shall be studied and reviewed by this Committee within 90 days of the installation of Officers. Written report shall be submitted to the Post Floor at the September Post Meeting.

Section 5 – RELIEF COMMITTEE

(a) The Relief Committee shall consist of four (4) members: the Service Officer, Chaplain, Surgeon, and the Adjutant. The Chairman shall be the Service Officer.

(b) The Service Officer shall investigate all cases of sickness and distress requiring pecuniary assistance and shall determine whether a Comrade or the family (as the case may be) is entitled to relief and if so, from what fund.

(c) The Service Officer shall, at each regular Meeting, furnish the Adjutant an itemized report of expenditures of the Post funds incurred since the last Post report, the same to be read in total only, by the Adjutant and be available for inspection by any member requesting same.

(d) The Service Officer and one other member of the Relief Committee shall approve all expenditures from the Post Relief Fund and shall have the power to expend monies from said Fund in the amount not to exceed two hundred fifty ($250.00) dollars without a vote of the Post. Any contemplated expenditures in excess of two hundred fifty ($250.00) dollars must first be approved by the Post before payment can be made by the Quartermaster.

Section 6 – MEMBERSHIP INVESTIGATING COMMITTEE

This Committee shall consist of the Senior Vice Commander as Chairperson and any two (2) members in good standing that he may select. Their duties shall be to investigate applicants for membership to ensure that they are eligible and proper persons to become members of the Post, and shall recommend their election or rejection by endorsement upon the application.

Section 7 – BUILDING COMMITTEE

This Committee shall consist of five (5) members. The Commander shall appoint the Chairperson. The Chairperson will select four (4) remaining members, to be ratified by the Commander. Their duties shall be to plan the expansion and construction of any portion of the Post Home. All construction in the Post Home shall be planned and submitted to the Post Floor for approval. When construction of any portion of the Post Home is completed, they shall turn over this portion to the Canteen and House Committee for maintenance.

Section 8 – RECREATION LAND COMMITTEE

This Committee shall consist of a Chairperson appointed by the Commander. The Chairperson shall appoint three (3) other members to be approved by the Commander. Their duties shall be to plan and recommend to the Post Floor, construction and improvements to the recreation land and facilities. They shall also maintain these facilities. They shall be responsible for maintaining law and order in the campsite and recreation area. Campsite resident manager shall be responsible for enforcement of camping fees.

ARTICLE VII

Funds and Finances

Section 1 – FUNDS

The finances of the Post shall be kept in the following separate funds:

(a) National and Department Dues Fund

(b) National Application Fee

(d) Post Relief Fund

(e) Post Dues Reserve Fund

(f) Scholarship Fund

(g) Any other such special Funds as may be created by action of the Post Floor.

Section 2 – DIVISION OF FUNDS

Any money received, unless dedicated to a certain Fund shall be deposited to the General Fund. In the case of dues, Per Capita Tax, and application fees, the proper funds will be credited before division is made.

Section 3 – POST PROPERTY

Personal/Real Property belonging to the Post can be sold only:

(a) After notification in writing to advise all members of pending sale of said property

(b) When authorized by a two-thirds majority vote of the members present at a regular Post Meeting, provided written notice of such proposed action has been given to each member of the Post ten (10) days prior to the Meeting at which the proposed action is to be considered.

Validation of sale of Real Property must be voted approval at two (2) consecutive Meetings. Breakage of property will be reported in writing to the Post Quartermaster for removal from inventory records.

Section 4 – EXPENSE ACCOUNT

(a) Expense account of the Post Quartermaster will be three hundred ($300.00) dollars per month, plus postage to accomplish his official duties. By majority vote at a regular Post Meeting, the sum may be changed because of time and workload.

(b) Expense account of the Post Commander will be set at four hundred ($400.00) dollars per annum, to be used for the entertainment of visiting dignitaries and for appreciation of special efforts made on behalf of the Post.

(c) Membership. Any Post member signing up ten (10) new or reinstated members will have the next year’s National and Department Per Capita dues paid for by the Post. If a Life Member, ten ($10.00) dollars will be awarded.

(d) Expenses of the Post Service Officer shall be submitted at a Post Meeting, payment to be approved by the Post Floor.

(e) Expenses for delegates to Department Convention and special affairs are to be figured at lodging costs up to seventy-five ($75.00) dollars per day, receipt required, and thirty (.30) per mile, per vehicle, for three (3) delegates, consisting of the Post Commander or his/her representative, the Post Senior Vice Commander, and the Post Quartermaster. Attendance at meeting/event is required, to be verified by senior delegate. Mileage will be determined by senior delegate.

ARTICLE VIII

Miscellaneous

Section 1 – COMMITTEE DUTIES

The duties of all committees not specifically provided for in these By-Laws will be those prescribed by the National By-Laws and Manual of Procedure and the lawful orders, as the Post Commander may direct, or as these By-Laws may provide.

Section 2 – BY-LAWS AMENDMENTS

Unless otherwise provided for in Post By-Laws, these By-Laws may be amended by the Post by a two-thirds vote of the members present at a stated meeting subject to approval of Washington State Liquor Board, Washington State Gambling Commission, and provided such amendments shall not conflict with the Congressional Charter, National By-Laws, Manual of Procedure, Ritual or laws and usages of the Veterans of foreign Wars of the United States or the By-Laws of the Department of Washington and that such amendments shall be forwarded through channels and reviewed by the Department Commander and the Commander-in-Chief before becoming effective. Such amendments must have been read at the preceding stated meeting and each member notified at least seven (7) days in advance. The contents of the amendments and the date on which the proposed amendments are to be presented for adoption will be published in the Post newsletter

ARTICLE IX

House Committee

Section 1:

The House Committee shall be entrusted by the Post Membership to oversee the business affairs of the Club. It shall consist of six (6) members, four (4) of whom shall be elected by the Post Members. The electives shall be two (2) Two Year and two (2) One Year terms. The remaining two (2) members shall be appointed by the Post Commander, for a period of One Year. The Chairperson shall be appointed by the House Committee and will vote only when necessary to break a tie. Four (4) members must be in attendance to form a quorum. The Post Quartermaster shall be a non-voting member for the purpose as stated in Section 10. The Post Commander or his direct representative will attend House Committee Meetings as a non-voting member.

Section 2:

(a) The House Committee shall hire the Club Manager. No member of the House Committee shall serve as Manager except that, the House Committee Chairperson may serve in the event of the Manager’s scheduled or unforeseen absence, for a period not to exceed fourteen (14) days. After said period, the House Committee shall hire an interim Manager.

(b) In the event that the House Committee Chairperson deems it necessary to conduct business within the Post Home when the Manager is not available, he/she will first contact Post Commander or Senior Vice Commander and as many members of the House Committee as possible as to his/her intention. In the event that any of the above contacted members object to the Chairman’s action, no further action will be taken by the House Committee Chairman. In the event the actions are approved by the above members, the Chairman will not proceed without the presence of a Post Member designated by the Post Commander or Senior Vice Commander. The Chairman must state all business he/she intends to conduct.

(c) The House Committee Chairman shall obtain a mixologist (tips) permit, health card, and attend State Gambling classes as required.

Section 3:

The Manager shall hire other personnel as necessary; however the House Committee shall set the wage structure for all employees including the Manager.

Section 4:

The Manager or Duty Manager shall be responsible to the House Committee for the conduct of the club patrons. The House Committee shall set the standards of conduct for patrons. Said standards shall be reasonable and in full compliance with applicable Washington State gambling and liquor laws.

Section 5:

If any Member or guest feels that he or she has been expelled or harshly dealt with because of any act of Club employees or volunteers, he/she may appeal their decision to the House Committee. Said notice of appeal shall be in writing and served upon the Club Manager and the House Committee Chairperson within seventy-two (72) hours of said incident. The House Committee will arrange for a hearing within seven (7) days of receiving appeal. The person appealing shall be notified in writing at least 24 hours prior to the date and time of said hearing. It is hereby deemed to be an obligation of the Membership to appear before such Committee if requested, because the good order of the Club cannot otherwise be protected.

Section 6:

The House Committee shall have the authority to suspend all Club Privileges of any member or guest for whatever time shall be deemed proper, subject to appeal by the Post Member/sponsor, to the Post Membership, no later than the next regularly scheduled Post Meeting.

Section 7:

Violation or permitting violation, of any of these rules shall be deemed sufficient cause for the discharge of the Club Manager. If the House Committee fails to act upon proof of such violations, the Post Membership may initiate action for the recall of the House Committee.

Section 8:

Any member of the House Committee may be removed for failure to attend two (2) consecutive meeting of the House Committee without just cause.

Section 9:

The House Committee shall keep accurate records, open to inspection by Post Members at all reasonable times.

Section 10:

The Quartermaster, by virtue of his office, shall be Treasurer of the House Committee.

Section 11:

The House Committee Meeting will be comprised of three (3) segments: (1) Business; (2) Manager’s report; (3) Good of the Order. Any person who is ruled out of order by the Chairperson may be asked to leave the meeting. No alcoholic beverages will be consumed at the meeting.

Section 12:

The House Committee may allot up to one thousand ($1,000.00) dollars for emergencies concerning operational equipment, or emergency building repairs.

Section 13:

The House Committee and the Club Manager shall assume responsibility for all new equipment purchased for canteen use, including maintenance.

ARTICLE X

Club/Canteen

Section 1:

Eligibility for admittance to the Club premises is as follows:

(a) Members. A Member in good standing in the VFW, Ladies or Men’s Auxiliary of the VFW, must display an official dues receipt card for the calendar year upon the request of any Club employee. Any member who does not have an official dues receipt card in his/her possession must be signed in as a guest.

(b) Guests. Any Member in good standing may sponsor guests. All guests must be signed in the guest log with a legible, legal signature. The sponsor will be held responsible for the conduct of his/her guests and must remain on the premises while his/her guests are present. Any person who is eligible to apply for Membership in the VFW, Ladies or Men’s Auxiliaries, may be signed in as a guest, no more than three (3) times during the calendar year. A person must be twenty-one (21) years of age to be served alcoholic beverages.

Section 2:

The Club operation is not the prime concern. Post functions take priority and the Club is complimentary. Club activities shall be coordinated through the Club Manager and, if outside activities are included, the Recreation Land Committee.

Section 3:

All Club books and records shall be subject to quarterly audit by the Post Trustees or a qualified accountant approved by them.

Section 4:

The Club Manager shall keep an accurate approved set of records and accounts. At no time will Club records or funds be removed from the Post home except to deposit funds into the bank, or present records to the Post accounting firm.

Section 5:

The Club Manager shall be allowed to spend up to five hundred ($500.00) dollars for emergencies concerning operational equipment and/or emergency building repairs.

Section 6:

All income and profits shall be deposited within 48 hours, or the next working day in the case of a long weekend, in the name of the Post and in no other name.

Section 7:

The Club Manager shall turn over to the Post Quartermaster, at least monthly, all net profits and property acquired in excess of seven thousand ($7000.00) dollars over and above obligated funds.

Section 8:

At least once a month, the Club Manager shall furnish the House Committee Chairman and the Post Quartermaster a complete written profit and loss statement. All expenditures shall be supported by bills and vouchers.

Section 9:

The Club Manager shall furnish a position description for each paid position in the Club, to be approved by the House Committee, one copy to be retained by the House Committee and one copy for the Manager’s file.

Section 10:

Club Rules:

(a) No boisterous foul language/racial slurs will be tolerated.

(b) No one will be subjected to abusive language or harassment, physically or verbally.

(d) No employee shall consume alcoholic beverages while on duty.

(e) Employees shall extend equal, courteous and prompt service to all patrons.

(f) Club employees shall not play games of chance, i.e. pull-tabs, punch boards, etc., while on duty or day of duty. Rolling of dice for music shall be permitted.

(g) Pull tabs will not be removed from the main canteen area.

Section 11:

The Club Manager has the full responsibility for the operation of the Club. The Manager will report to and answer directly to the House Committee Chairman. The Manager will receive instructions only by the direction of the House Committee Chairman.

Section 12:

The Club Manager shall be responsible for the enforcement of Club Rules and all applicable Washington State liquor and gambling laws. The Manager may deny Club privileges to any member or guest violating any Club Rule or Washington State liquor or gambling laws, for a period not to exceed the next regularly scheduled House Committee meeting (with a quorum), when the House Committee will take appropriate action. If the House Committee fails to hold a meeting prior to the next Post Meeting, the Post Membership shall take appropriate action. A log will be kept on all patrons who are refused service showing date, time and reason. In the event of the Manager’s absence, the senior bartender on duty will have the above responsibilities and authority to deny Club privileges for the remainder of that day only. If no derogatory action is taken during the shift, a notation in the log denoting no problems will be entered.

Section 13:

No Post Member shall instruct any Club employee in performing their duties, except the House Committee Chairman in the event of the absence of the Club Manager. In the event the House Committee Chairman takes action, a full report will be provided to the Manager and House Committee within forty-eight (48) hours of the incident. Any complaint about any Club employee must be presented to the Manager who will provide a copy to the House Committee Chairman. Said complaint must be legibly written, dated and signed by the complainant. Complainant will be notified of action taken.

Section 14:

Check cashing policy:

(a) A Member or guest may cash personal checks only as approved by the Club Manager or Duty Manager. In order for a guest to cash a check, the sponsor’s name and membership number must be on the check.

(b) Out of town checks may be approved for VFW Members only.

(d) Returned checks and service charges shall be redeemed within 96 hours of notification, or Member/guest shall be denied Club privileges until said checks and service charges are paid in full, unless other arrangements are made with the Club Manager. NSF checks not redeemed within 14 days will be turned over to the Quartermaster for collection.

ARTICLE XI

By-Laws in Effect

These By-Laws shall become effective after adoption by this Post and after review by the Commander of the Department of Washington and Commander-in-Chief of the Veterans of Foreign Wars of the United States. All Standing Rules heretofore existing are hereby repealed. Wherever these By-Laws or subsequent amendments may be found to be in conflict with the present or any future National By-Laws and By-Laws of the Department of Washington, the latter shall prevail and be binding upon this Post as though written herein.

These By-Laws were adopted, subject to the review of the Commander-in-Chief and the Commander of the Department of Washington, Veterans of Foreign Wars of the United States on this 4^th day of December, 2006, at a regular meeting of the Post in the City of Oak Harbor, and County of Island, State of Washington.

Reviewed and approved April 09, 2007

For the Commander in Chief

John J. McNeill, Jr.

Assistant Adjutant General

By Kevin C. Jones, Deputy Director

Administrative Operations