Helderberg Bernese Mountain Dog Club of NY
CONSTITUTION
SECTION 1. Club Name.
The name of the Club shall be the Helderberg Bernese Mountain Dog Club of NY.
SECTION 2. Club Objectives.
The objectives of the Club shall be to:
a. encourage and promote quality in breeding of purebred Bernese Mountain Dogs and to do all possible to bring their natural qualities to perfection;
b. urge members and breeders to accept the standard of the breed as approved by The American Kennel Club as the only standard of excellence by which Bernese Mountain Dogs shall be judged;
c. do all in its power to protect and advance the interest of all breeds of pure-bred dogs and to encourage sportsmanlike competition at dog shows, matches, draft tests, and obedience trials;
f. conduct sanctioned matches, dog shows, draft tests, and obedience trials under the rules and regulations of The American Kennel Club and the Bernese Mountain Dog Club of America.
SECTION 3. Not For Profit Operation.
The Club shall not be conducted or operated for profit and no part of any profits or remainder or residue from dues or donations to the Club shall inure to the benefit of any member or individual.
SECTION 4. Adoption of By-Laws.
The members of the Club shall adopt and may from time to time revise such by-laws as may be required to carry out these objects.
Helderberg Bernese Mountain Dog Club of NY
BY-LAWS
ARTICLE 1
Membership
SECTION 1. Eligibility.
There shall be both individual and family memberships open to all people eighteen years of age and older who are in good standing with The American Kennel Club and who subscribe to the purposes of this Club.
While membership is to be unrestricted as to residence, the Club’s primary purpose is to be representative of the breeders and exhibitors in its immediate area.
Individual Membership - is open to all persons 18 years of age and older. Individual members enjoy all privileges of the club including the right to vote and hold office.
Family Membership - Is open to 2 individuals residing in the same household, who are 18 years of age and older. Each family member enjoys all privileges of the club including the right to vote and hold office and shall be treated as an separate individual member in all aspects except for the payment of club dues as provided in Article 1 Section 2 of these By-Laws.
Associate Membership - Open to any interested party. An Associate Member may not vote, hold office, sponsor, nominate nor second any motion. An Associate Member shall be informed of all club meetings and activities and shall receive the newsletter. The reduced dues rate will be 50% of that charged for individual membership. NOTE: In order to resume status of a Regular Membership (single or family) an Associate Member must complete the membership process, including the re-signing of the Code of Ethics.
SECTION 2. Dues.
Membership dues shall not exceed $20 per year for individual membership and $30 for family membership. Dues are payable on or before the first day of May of each year. No member may vote whose dues are not paid for the current year. During the month of February, the Treasurer shall mail a notice of dues for the ensuing year to each member.
SECTION 3. Election to Membership.
Each applicant for membership shall apply on a form as approved by the Board of Directors and which shall provide that the applicant agrees to abide by these constitution and by-laws and the rules of The American Kennel Club. The application shall state the name, address, and occupation of the applicant and it shall carry the endorsement of two unrelated members in good standing. Accompanying the application, the prospective member shall submit dues payment for the current year. All applications are to be filed with the Secretary and each application is to be published in the first issue of the club’s newsletter issued after receipt of the application. At the next Club meeting the application will be voted upon and affirmative votes of ¾ of the members present and voting at that meeting shall be required to elect the applicant. Applicants for membership who have been rejected by the Club may re-apply six months after such rejection with the endorsement of two new sponsors who are unrelated and members in good standing.
SECTION 4. Termination of Membership.
Membership may be terminated by:
a. Resignation. Any member in good standing may resign from the Club upon written notice to the Secretary; but no member may resign when in debt to the Club. Dues obligations are considered a debt to the Club and they become incurred on the first day of each fiscal year.
b.Lapsing. A membership will be considered as lapsed and automatically terminated if such member’s dues remain unpaid 90 days after the first day of the fiscal year; however, the Board may grant an additional 90 days of grace to such delinquent members in meritorious cases. In no case may a person be entitled to vote at any Club meeting whose dues are unpaid as of the date of that meeting.
c. Expulsion. A membership may be terminated by expulsion as provided in Article 6 of these by-laws.
ARTICLE 2
Meetings
SECTION 1. Club Meetings.
Meetings of the Club shall be held in each month the greater Albany, NY area at such place and hour as may be designated by Board of Directors.
Written notice of each such meeting shall be mailed by the club Secretary or published in the club newsletter at least 10 days prior to the date of the meeting. The quorum for such meetings shall be 20 % of the members in good standing.
SECTION 2. Special Club Meetings.
Special Club meetings may be called by the President or by a majority vote of the members of the board who are present and voting at any regular or special meeting of the board; and shall be called by the Secretary upon request of a petition signed by five members of the club who are in good standing. Such special meetings shall be held in the greater Albany, NY area at such place, date and hour as may be designed by the person or persons authorized herein to call such meetings. The Secretary must mail written notice of such special meeting at least 5 days and not more than 15 days prior to the date of the meeting, and said notice shall state the purpose of the meeting, and no other Club business may be transacted thereat. The quorum for such a meeting shall be 20% of the members in good standing.
SECTION 3. Board Meetings.
Meetings of the Board of Directors shall be held in the greater Albany, NY area at such hour and place as may be designated by the Board of Directors. Written notice of such a meeting shall be mailed by the Secretary at least 5 days prior to the date of the meeting. The quorum for such a meeting shall be a majority of the Board. There will be a minimum of six (6) Board meetings per year.
SECTION 4. Special Board Meetings.
Special meetings of the Board maybe called by the President, and shall be called by the Secretary upon receipt of a written request signed by at least three members of the Board. Such special meetings shall be held in the greater Albany, NY Area at such place, date and hour as may be designed by the person authorized herein to call such meeting. Written notice of such a meeting shall be mailed by the Secretary at least 5 days and not more than 15 days prior to the date of the meeting. Any such notice shall state the purpose of the meeting and no other business shall be transacted thereat. A quorum for such a meeting shall be a majority of the Board.
SECTION 5. Voting.
Each member in good standing whose dues are paid for the current year shall be entitled to one vote at any meeting of the Club at which the member is present. Proxy voting will not be permitted at any club meeting or election.
ARTICLE 3
Directors and Officers
SECTION I. Board of Directors.
The Board shall be comprised of the President, Vice-President, Secretary, Treasurer, all of whom shall be elected for one (1) year terms. There will also be three other persons, all of whom shall be elected for two (2) year terms. All will be elected at the Club’s annual meeting as provided in Article IV and shall serve until their successors are elected. The club's most recent Past President shall also serve as a voting member of the Board of Directors.
Each member of the board including the most recent Past President shall be entitled to one vote at any meeting of the Board at which the member is present. Proxy voting will not be permitted at any Board meeting.
General management of the Club’s affairs shall be entrusted to the Board of Directors. All the Board members shall be members in good standing.
SECTION 2. Officers.
The Club’s officers, consisting of the President, Vice-President, Secretary and Treasurer shall serve in their respective capacities both with regard to the Club and its meetings and the Board and its meetings. The officers shall be elected for one year terms at the Club’s annual meeting as provided in Article 4 and shall serve until their successors are elected.
a. The President shall preside at all meetings of the Club and of the Board, and shall have the duties and powers normally applicable to the office of President in addition to those particularly specified in these by-laws.
b. The Vice-President shall have the duties and exercise the powers of the President in case of the President’s death, absence or incapacity. The President and Vice-President may not serve more than two (2) consecutive terms.
c. The office of Secretary may be divided into a Recording Secretary and a Corresponding Secretary in which case the Board shall be comprised of the officers and two other persons. Other articles or sections of these by-laws that reference the term Secretary refer to the Corresponding Secretary. The Corresponding Secretary shall act as an officer of the board and shall have the entitlements thereof, as provided in Article 3 Section 1. The Corresponding Secretary shall have charge of the correspondence, notify members of meetings, notify new members of their election to membership, notify officers and directors of their election to office, keep a roll of the members of the Club with their addresses and carry out such other duties as are prescribed in these by-laws. The Recording Secretary shall act as an officer of the board and shall have the entitlements thereof, as provided in Article 3 Section 1.The Recording Secretary shall keep a record of all meetings of the Club and of the Board and of all matters of which a record shall be ordered by the Club and carry out such other duties as are prescribed specifically to the Recording Secretary in these by-laws.
d. The Treasurer shall collect and receive all monies due or belonging to the Club. He or she shall deposit the same in a bank approved by the Board, in the name of the Club. The Treasurer’s books shall be at all times open to inspection of the Board and the Treasurer shall report to them at every meeting the condition of the Club’s finances and every item of receipt or payment not before reported; and at the annual meeting the Treasurer shall render an account of all monies received and expended during the previous fiscal year. The board may direct that the Treasurer be bonded in an amount determined by the board. The expenses associated with the bonding of the Treasurer shall be borne by the club.
e. The offices of Secretary and Treasurer may be held by the same person. In which case the Board shall be comprised of the officers and four other persons.
SECTION 3. Vacancies.
Any vacancies occurring on the Board or among the officers during the year shall be filled until the next annual election by a majority vote of all the then members of the Board at its first regular meeting following the creation of such vacancy, or at a Special Board Meeting called for that purpose; except that a vacancy in the office of President shall be filled automatically by the Vice-President and the resulting vacancy in the office of Vice-President shall be filled by the Board.
ARTICLE 4
The Club Year, Annual Meeting, Elections
SECTION 1. Club Year.
The Club’s fiscal year shall begin on the 1st day of May and end on the 30th day of April. The Club’s official year shall begin immediately at the conclusion of the election at the annual meeting and shall continue through the election at the next annual meeting.
SECTION 2. Annual Meeting.
The annual meeting shall be held in the month of April at which Officers and Directors for the ensuing year shall be elected by secret, written ballot from among those nominated in accordance with Section 4 of this Article. They shall take office immediately upon the conclusion of the election and each retiring officer shall turn over to his or her successor in office all properties and records relating to that office within 30 days after the election.
SECTION 3. Elections.
The nominated candidate receiving the greatest number of votes for each office shall be declared elected. The nominated candidates for other positions on the Board who receive the greatest number of votes for such positions shall be declared elected.
SECTION 4. Nominations.
No person may be a candidate in a Club election who has not been nominated. During the month of December, the Board of Directors shall appoint three members and two alternates to serve on the nominating committee not more than one of whom may be a member of the Board. The Board shall designate one of the nominating committee members to serve as chairperson of the nominating committee. It shall be the duty of the Chairperson to call and schedule committee meetings.
a. The Committee shall nominate one candidate for each office and candidates for the other positions on the Board, and after securing the consent of each person so nominated, shall immediately report their nominations to the Secretary in writing no later than January 15th.
b. Upon receipt of the Nominating Committee’s report, the Secretary shall before February 15th notify each member in writing or publish the list of the candidates so nominated in the club’s newsletter.
c. Additional nominations may be made, in writing to the Secretary at the March club meeting.
d. Nominations cannot be made at the annual meeting or in any manner other than as provided in this Section.
Committees
SECTION 1. Committee Appointments.
The Board of Directors shall appoint standing committees to advance the work of the Club in such matters as rescue, shows, obedience trials, trophies, annual prizes, membership and other fields which may well be served by committees. Such committees shall always be subject to the final authority of the Board. Special committees may also be appointed by the Board to aid on particular projects.
SECTION 2. Appointment Termination.
Any committee appointment may be terminated by a majority vote of the full membership of the Board upon written notice to the appointees; and the Board may appoint successors to those persons whose services have been terminated.
ARTICLE 6
Discipline
SECTION 1. American Kennel Club Suspension.
Any member who is suspended from the privileges of The American Kennel Club automatically shall be suspended from the privileges of this Club for a like period.
SECTION 2. Charges.
Any member may prefer charges against a member for alleged misconduct prejudicial to the best interests of the Club or the breed. Written charges with specifications must be filed in duplicate with the Secretary together with a deposit of $ 25 which shall be forfeited if such charges are not sustained by the Board following a hearing. The Secretary shall promptly send a copy of the charges to each member of the Board or present them at a Board Meeting, and the Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of the Club. If the Board considers that the charges do not allege conduct, which would be prejudicial to the best interests of the Club, it may refuse to entertain jurisdiction. If the Board entertains jurisdiction of the charges it shall fix a date of a hearing by the Board not less than 3 weeks nor more than 6 weeks thereafter. The Secretary shall promptly send one copy of the charges to the accused member by certified mail, return receipt together with a notice of the hearing and an assurance that the defendant may personally appear in their own defense and bring witnesses if the defendant wishes.
SECTION 3. Board Hearing.
The Board shall have complete authority to decide whether counsel may attend the hearing, but both complainant and defendant shall be treated uniformly in that regard. Should the charges be sustained, after hearing all the evidence and testimony presented by complainant and defendant, the Board may, by a majority vote of those present, reprimand or suspend the defendant from all privileges of the Club for not more than six months from the date of the hearing. And, if it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such cases, the suspension shall not restrict the defendant’s right to appear before his or her fellow-members at the ensuing Club meeting which considers the Board’s recommendations. Immediately after the Board has reached a decision, its findings shall be put in written form and filed with the Secretary. The Secretary, in turn, shall notify each of the parties of the Board’s decision and penalty, if any.
SECTION 4. Expulsion.
Expulsion of a member from the Club may be accomplished only at a meeting of the Club following a Board hearing and upon the Board’s recommendation as provided in Section 3 of this Article. Such proceedings may occur at a regular or special meeting of the Club to be held within 60 days but not earlier than 30 days after the date of the Board’s recommendation. The defendant shall have the privilege of appearing in his or her own behalf, though no evidence shall be taken at this meeting. The President shall read the charges and the Board’s findings and recommendations, and shall invite the defendant, if present, to speak in his or her own behalf if he or she wishes. The meeting shall then vote by secret written ballot on the proposed expulsion. A 2/3 vote of those present and voting at the meeting shall be necessary for expulsion. If expulsion is not voted, the Board’s suspension shall stand.
ARTICLE 7
Amendments
SECTION 1. Proposed Amendments.
Amendments to the constitution and by-laws may be proposed by the Board of Directors or by written petition addressed to the Secretary signed by twenty percent of membership in good standing. Amendments proposed by such petition shall be promptly considered by the Board of Directors and must be submitted to the membership with recommendations of the Board by the Secretary for a vote within three months of the date when the petition was received by the Secretary.
SECTION 2. Amendment Approval.
The constitution and by-laws may be amended by a secret vote of 2/3 of the members present and voting at any regular or special meeting called for the purpose, provided the proposed amendments have been included in the notice of the meeting and mailed to each member at least two weeks prior to the date of the meeting.
ARTICLE 8
Dissolution
SECTION 1. Dissolution.
The Club may be dissolved at any time by the written consent of not less than 2/3 of the members. In the event of the dissolution of the Club other than for the purposes of reorganization, whether voluntary or involuntary or by operation of law, none of the property of the Club nor any proceeds thereof nor any assets of the Club shall be distributed to any members of the Club but after payment of the debts of the Club, its property and assets shall be given to a charitable organization for the benefit of dogs selected by the Board of Directors.
ARTICLE 9
Order of Business
SECTION 1. Club Meetings order of business
At meetings of the Club, the order of business, so far as the character and nature of the meeting may permit, shall be a follows:
1. Roll Call
2. Minutes of last meeting
3. Report of President
4. Report of Secretary
5. Report of Treasurer
6. Reports of Committees
7. Election of Officers and Board (at annual meeting)
8. Election of new members
9. Unfinished business
10. New business
11. Adjournment
SECTION 2. Board of Directors Order of Business.
At meetings of the Board, the order of business, unless otherwise directed by majority vote of those present, shall be as follows:
1. Reading of minutes of last meeting
2. Report of Secretary
3. Report of Treasurer
4. Reports of Committees
5. Unfinished business
6. New business
7. Adjournment
ARTICLE 10
Parliamentary Authority
SECTION 1. Standard.
The rules contained in the current edition of “Robert’s Rules of Order, Newly Revised,” shall govern the club in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any other special rules of order the club may adopt.