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BY-LAWS
Current Revision Approved by Membership
3/12/96
Proposed - Oct. 1992
Revised - August 3, 1993
Approved - September 1993
EKBTC - 10/3/93
AKC - 10/25/93
USKBTC - 1994
CONSTITUTION OF THE
EMPIRE KERRY BLUE TERRIER CLUB, INC.
ARTICLE I
Name and Objectives
SECTION 1. The name of the Club shall be the Empire Kerry Blue Terrier
Club, Inc.
SECTION 2. The objectives of the Club shall be:
(a) to encourage and promote quality in the breeding of pure-bred Kerry
Blue Terriers and to do all possible to bring their natural qualities to
perfection;
(b) to 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 Kerry Blue Terriers shall be judged;
(c) to do all in its power to protect and advance the interests of the
breed by encouraging sportsmanlike competition at dog shows and obedience
trials;
(d) to conduct sanctioned and licensed specialty shows and obedience
trials under the rules of The American Kennel Club.
SECTION 3. 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. 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 objectives.
EMPIRE KERRY BLUE TERRIER CLUB, INC.
BY-LAWS
ARTICLE I
Membership
SECTION 1. Eligibility: Membership is open to all persons 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. There shall be three types of
membership:
1. Active Members -- Persons over eighteen years of age, with voting
rights;
2. Junior Member -- Persons under eighteen years of age who shall have all
the privileges of membership but shall not serve on the Board of Governors
and shall not have the right to vote;
3. Honorary Members -- Persons with membership conferred at the discretion
of the Board of Governors. Such members shall have privileges of full
membership and will not be required to pay annual dues. However, in order
to vote and/or hold office, they must pay dues.
4. Associate Members - Persons must be over 18 years of age, can
participate in all club activities but cannot hold office, make metions or
vote and would be excluded from the quorum at all meetings. They
(Associate Members) would pay dues at a decreased rate.
SECTION 2. Dues: Membership dues shall be payable on or before the 1st day
of April each year. No active member may vote whose dues are not paid for
the current year. During the month of February each member will be sent a
statement of dues, by the membership chairperson, for the ensuing year.
SECTION 3. Election to Membership: Each applicant for membership shall
apply on a form as approved by the Board of Governors and which shall
provide that the applicant agrees to abide by this 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 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 Membership
Chairperson, published in the notice for the first meeting of the Club
following its receipt and will be voted upon, by secret ballot, at that
meeting by the members present. The affirmative vote of two thirds of the
present and voting members at that meeting shall be required to elect the
applicant. Applications for membership that have been rejected by the Club
shall not be accepted for reconsideration sooner than six months after
such rejection.
SECTION 4. Termination of Membership: Memberships 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 debts to the Club and
they become incurred on the first day of each fiscal year;
(b) by lapsing. A membership will be considered 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) by expulsion. A membership may be terminated by expulsion as provided
in Article VI of these by-laws.
ARTICLE II
Meetings and Voting
SECTION 1. Club Meetings: Meetings of the Club shall be held within the
greater New York City area at such hour and place as may be designated by
the Board of Governors. There will be a minimum of six club meetings each
year, the schedule for which will be published following the annual
meeting. Written notice of each such meeting shall be mailed by the
secretary at least 10 days prior to the date of the meeting. The quorum
for such meetings shall be 15% 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 receipt of a petition signed by five
members of the Club who are in good standing. Such special meetings shall
be held within the greater New York City area at such place, date and time
as may be designated by the person or persons authorized herein to call
such meetings. Written notice of such a meeting shall be mailed by the
Secretary at least 5 days and no 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 Governors shall be
held within the greater New York City area at such time and place as
designated by the Board. There will be a minimum of six Board Meetings
each year. Written notice of each such meeting shall be mailed by the
Secretary at least ten days prior to the date of the meeting. The quorum
for such a meeting shall be a majority of the Board.
SECTION 4. Special Board Meetings: Special meetings of the Board may be
called by the President, or 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 within the greater New York City area at
such place, date and time as may be designated by the person authorized
herein to call such meeting. Written notice of such meeting shall be
mailed by the Secretary at least 10 days and no 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 dues paying 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 III
Governors and Officers
SECTION 1. Board of Governors: The Board shall be comprised of the
President, Vice-President, Secretary, Treasurer and five other persons all
of whom shall be members in good standing and all of whom shall be elected
for one-year terms at the Club's annual meeting as provided in Article IV
and shall serve until their successors are elected. General management of
the Club's affairs shall be entrusted to the Board of Governors.
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:
(a) The President shall preside at all meetings of the Club and of the
Board, and shall have the duties and powers normally appurtenant 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 absence or incapacity;
(c) The 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. He or she shall have charge of the correspondence, notify members of
special meetings, and carry out such other duties as are prescribed in
these by-laws;
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(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 designated by the
Board, in the name of the Club. The books shall at all times be open to
inspection of the Board and he or she shall respond to them at every
meeting the condition of the Club's finances and every item of receipt or
payment not before mentioned; and at the annual meeting he shall render an
account of all monies received and expended during the previous fiscal
year. An annual audit shall be conducted prior to the annual meeting by a
committee of three members chosen by the Board, only one of whom shall be
a Board member.
SECTION 3. Vacancies: Any vacancies occurring on the Board or among the
offices 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 IV
The Club Year, Annual Meeting, Elections
SECTION 1. Club Year: The Club's fiscal year shall begin on the first day
of April and end on the 31st day of March. 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 March at which time officers and governors 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 for each office receiving
the greatest number of votes shall be declared elected. The remaining five
positions on the Board shall be filled by the five candidates who receive
the greatest number of votes.
SECTION 4. Nominations: Only a member in good standing may be a candidate
in a club election. During the month of November the Board shall select a
Nominating Committee consisting of three members and two alternates, not
more than one of whom may be a member of the Board. The Secretary shall
immediately notify the nominees and alternates of their selection. The
Board shall name a Chairperson for the Committee and it shall be the
Chairperson's duty to call a committee meeting.
(a) The Committee shall nominate one candidate for each office and five
candidates for the five 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 by February 1.
(b) Upon receipt of the Nominating Committee's report, the Secretary shall
notify each member in writing of the candidates so nominated, by February
15.
(c) Additional nominations may be made at the annual meeting by any member
in attendance provided that the person so nominated does not decline when
his or her name is proposed, and provided further that if the proposed
candidate is not in attendance at this meeting, the proposer shall present
to the Secretary a written statement from the proposed candidate
signifying his willingness to be a candidate. No person may be a candidate
for more than one position.
(d) Nominations cannot be made in any manner other than as provided in
this section.
ARTICLE V
Committees
SECTION 1. The Board may each year appoint standing committees to advance
the work of the Club in such matters as specialty shows, obedience trials,
trophies, annual prizes, membership, and other fields which may be well
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 it on particular projects.
SECTION 2. Any committee appointment may be terminated by a majority vote
of the Board upon written notice to the appointee, and the Board may
appoint successors to these persons whose services have been terminated.
ARTICLE VI
Discipline
SECTION 1. American Kennel Club Suspension: Any member who is suspended
from the privileges of The American Kennel Club 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 $100 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 interest 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 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 a
notice of the hearing and an assurance that the defendant may personally
appear in his or her own defense and bring witnesses if he or she 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 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 case, the suspension shall not restrict the
defendant's right to appear before his fellow members at the ensuing Club
meeting which considers the Board's recommendation. Immediately after the
Board has reached a decision, its finding 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 proceeding 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 of expulsion. 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 majority vote of those present and voting at the meeting
shall be necessary for expulsion. If expulsion is not so voted, the
Board's suspension shall stand.
ARTICLE VII
Amendments
SECTION 1 Amendments to the constitution and by-laws may be proposed by
the Board of Governors or by written petition addressed to the Secretary
signed by twenty percent of the membership in good standing. Amendments
proposed by such petition shall be promptly considered by the Board of
Governors 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 by a 2/3 vote 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 VIII
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 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. Rather, after payment of the debts
of the Club, its property and assets shall be given to a charitable
organization selected by the Board of Governors for the benefit of dogs.
ARTICLE IX
Order of Business
SECTION 1. At meetings of the Club the order of business as far as the
character and nature of the meeting may permit shall be as follows:
Roll Call
Minutes of Last Meeting
Report of President
Report of Secretary
Report of Treasurer
Reports of Committees
Election of Officers and Board of Governors (at annual meeting)
Election of new members
Unfinished business
New business
Adjournment
SECTION 2. At meetings of the Board, the order of business, unless
otherwise directed by majority vote of those present, shall be as follows:
Reading of minutes of last meeting Report of Committees
Report of Secretary Unfinished Business
Report of Treasurer New Business
Adjournment
ARTICLE X
Procedures not governed by these By-Laws shall adhere to Robert's Rules of
Order.
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© 2003 Empire Kerry Blue Terrier Club.
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