BERNESE MOUNTAIN DOG CLUB OF SOUTHERN CALIFORNIA, INC
BY-LAWS
ARTCLE I
Membership
Section 1. Eligibility:
Section 2. Dues: A schedule of dues and initiation fee shall be established by the Board of Directors annually and may be changed as necessary. The schedule of dues and initiation fees shall include rates for Regular Membership and Junior Membership. In no case will Regular Membership annual dues exceed $25.00 without the approval of the Club membership as set forth in Article VII, Section 2. Applicants for membership after August 1 shall pay half the annual dues. A reduction of 50% of the Regular dues shall be given to each additional Regular Member in the same household after the first Regular Member. Junior members shall pay one half the established Regular Membership. An initiation fee shall also apply and in no case shall exceed the amount established for Junior Membership. No club privileges will be honored for any member not in good standing. During the month of November the Treasurer shall send to each member a statement of his dues for the ensuing year. Dues shall be payable on or before the first day of January each year.
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. Accompanying the application, the prospective member shall submit dues payment for the current year. Applicants may be elected at any meeting of the Board of Directors or by written vote of the Board of Directors by mail. Affirmative votes of 2/3 of the entire Board voting by mail, or 2/3 of the Directors present shall be required to elect an applicant.
An application which has received a negative vote by the Board may be presented by one of the applicant's endorsers at the next annual meeting of the club, and the club may elect such applicant by a favorable vote of 75% of the members present.
Section 4. Termination of membership: Membership may be terminated: a. by 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. By lapsing. A membership will be considered as lapsed and automatically terminated if such members dues remain unpaid 90 days after the first day of the fiscal year; however, the Board may grant an additional 90 days grace to such delinquent member in meritorious cases. In no such case may a person be entitled to vote at any club meeting whose dues are unpaid as of the date of the meeting. c. By expulsion. A membership may be terminated by expulsion as provided in Article VI of these By-Laws.
ARTICLE II
Meetings
Section 1. Annual Meeting: The annual meeting of the Club shall be held at a place, date and hour designated by the Board of Directors. Written notice of the Annual Meeting shall be mailed to each member by the Secretary at least 30 days prior to the date of the meeting. The quorum for the Annual Meeting shall be 10% of the members in good standing.
Section 2. Election Meeting: An election meeting shall be held on or after December 1, and before December 15 at a place, date and hour designated by the Board of Directors for the sole purpose of counting mailed ballots, in accordance with Article IV, Section 3.
Section 3. Special Club Meetings: Special Club Meetings may be called by the President or by a majority vote of the Board who are present at a meeting of the Board or who vote by mail, and shall be called by the Secretary upon receipt of a petition signed by 10% of members of the Club in good standing. Such meetings shall be held at such place, date, and hours as may be designated by the Board of Directors. Written notice of such meeting shall be mailed by the Secretary at least 14 days and not more than 30 days prior to the meeting. The notice of the meeting shall state the purpose of the meeting, and no other Club Business may be transacted. The quorum for such a meeting shall be 10% of the members in good standing.
ARTICLE III
Directors and Officers
Section 1. Board of Directors: The Board shall be comprised of the President, Vice President, Secretary and Treasurer, and five other members, all of whom shall be members in good standing with residency in the United States. They shall be elected for one-year terms at the Club's election meeting as provided in Article IV and shall serve until December 31.
General management of the Club's affairs shall be entrusted to the Board of Directors.
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.
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, except that the vacancy in the office of President shall be filled automatically by the Vice President, and the resulting vacancy in the office of the Vice President shall be filled automatically by the Board.
ARTICLE IV
The Club Year, Voting, Nominations, Elections
Section 1. The Club's fiscal year shall begin on the 1st day of January, and end on the 31st day of December. The Club's official year shall begin the first day of January, and continue through December 31. The elected Officers and Directors shall take office on January 1st, and each retiring officer shall turn over to his successor in office all properties and records relating to that office within 30 days after the election.
Section 2. Voting - At the Annual Meeting or at a special meeting of the Club voting shall be limited to those members in good standing who are present at the meeting, except for annual election of Officers and Directors and amendments to the Constitution and By-Laws which shall be decided by written ballot by mail. Voting by proxy shall not be permitted. The Board of Directors may decide to submit other specific questions for decision of the members by written ballot cast by mail.
Section 3. Annual Election - At the meeting for the election of Officers and Directors, the vote shall be conducted by ballot. Ballots to be valid must be received by the Secretary before the opening of the meeting. Ballots shall be counted at the meeting by three inspectors of election who are members in good standing and who are neither members of the current Board nor candidates on the ballot and who shall be chosen by the members present at the meeting. The person receiving the largest number of the votes for each position shall be declared elected. If any nominee at the time of the meeting is unable to serve for any reason such nominee shall not be elected and the vacancy so created shall be filled by the New Board of Directors in the manner provided by Article III, Section 3.
Section 4. Nominations and Ballots - No person may be a candidate in a Club election who has not been nominated in accordance with these By-Laws. A nominating Committee shall be chosen by the Board of Directors before August 15. The Committee shall consist of three members and two alternates, all members in good standing, no more than one of whom may be a member of the current Board of Directors.
ARTICLE V
Committees
Section 1. The Board may each year appoint standing committees subject to their final authorization to advance the work of the club in such matters as dog show, obedience trials, trophies, annual prizes, membership, and other fields which may well be served by committees.
Section 2. Any committee appointment may be terminated by a majority vote of the full membership of the Board upon written notice to the appointee, and the Board may appoint successors to those positions whose service has been terminated.
ARTICLE VI
Discipline
Section 1. American Kennel Club Suspension - Any member who is suspended from the privileges of the AKC shall automatically 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 $10 which shall be forfeited if such charges are not sustained by the Board or a Committee following a hearing. The Secretary shall promptly send a copy of the changes 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 or the breed. If the Board considers that the charges do not allege conduct which would be prejudicial to the interests of the Club or the breed, it may refuse to entertain jurisdiction. If the Board entertains jurisdiction of the charges, it shall fix a date of hearing by the Board or a committee of not less than three members of the Board, not less than three weeks or more than six weeks thereafter. The Secretary shall promptly send one copy of the charges to the accused member by registered mail together with the notice of the hearing and an assurance that the defendant may personally appear in his defense and bring witnesses if he wishes.
Section 3. Board Hearing - The Board or Committee 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 evidence and testimony presented by the complainant and defendant, the Board or Committee may by a majority vote of those present suspend the defendant from all privileges of the Club or not more than six months from the date of the hearing, or until the next Annual Meeting if that will occur after six months. And if it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall not restrict the defendant's right to appear before his fellow members at the ensuing Club meeting which considers the recommendation of the Board or Committee. Immediately after the Board or Committee 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 decision and penalty if any.
Section 4. Expulsion - Expulsion of a member from the Club may be accomplished only at the Annual Meeting of the Club following a hearing and upon recommendation of the Board or Committee as provided in Section 3 in this article. The defendant shall have the privilege of appearing in his own behalf though no evidence shall be taken at this meeting. The President shall read only the charges and the findings and recommendation, and shall invite the defendant, if present, to speak in his own behalf. The meeting shall then vote by secret ballot on the proposed expulsion. If expulsion is not so voted, the suspension shall stand.
ARTICLE VII
Amendments
Section 1. 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 20% of the membership in good standing. Amendments proposed by such petition shall be promptly considered by the Board of Directors and must be submitted to the members 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. The Constitution and By-Laws may be amended at any time provided a copy of the proposed amendment has been mailed by the Secretary to each member accompanied by a ballot on which he may indicate his choice for or against the action to be taken. The notice shall specify a date the ballots must be returned to the Secretary to be counted. The favorable vote of 2/3 of the members in good standing whose ballots are returned within the time limit shall be required to effect any such amendment.
Section 3. No Amendment to the Constitution or By-Laws that is adopted by the Club shall become effective until it has been approved by the Board of Directors of the American Kennel Club.
ARTICLE VIII
Dissolution
Section 1. 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 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 IX
Order of Business
Section 1. At the meetings of the Club, the order of business so far as the character and nature of the meeting may permit shall be as follows:
10. Adjournment
Section 2. At a meeting of the Board, the order of business, unless otherwise directed by majority vote of those present shall be as follows.
Section 3. Order of Business - At meetings of the club, Robert's Rules of Order shall be followed to the extent they are not inconsistent with these By-Laws.