ARTICLE I -
Club Name and Charter
SECTION 1. The name of the Club shall be Three Rivers Bernese Mountain Dog Club.
SECTION 2. The charter of the Three Rivers Bernese Mountain Dog Club shall be:
a) to provide for the care and welfare of Bernese Mountain Dogs;
b) to educate Bernese Mountain Dog owners, exhibitors, breeders, and judges on the
history, development, natural qualities, and working abilities of the breed;
c) to encourage and promote quality in the breeding of pure-bred Bernese Mountain
Dogs and to do all possible to bring their natural qualities to perfection;
d) 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 the Bernese
Mountain Dogs shall be judged;
e) 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.
SECTION 3. The Club shall not be conducted nor operated for profit. No part of any
profits, remainder, or residue from dues or donations to the Club shall be used 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 required to carry out the Club’s charter.
BY-LAWS
ARTICLE I -
Membership
SECTION 1. Eligibility. There are three types of Club Memberships available:
1) Family membership 2) Individual membership and 3) Junior membership.
Juniors members must be between the ages of 8 and 18 and not already part of a member family. Junior members are not eligible to vote or hold office. All members must be in good standing with The American Kennel Club and subscribe to the purpose of this Club.
While membership is to be unrestricted as to residence, the Club’s primary purpose is to
be representative of the owners, exhibitors, and breeders in its immediate area.
SECTION 2. Dues / Fees. Membership dues shall be determined by the Board of Directors and
stated on the Membership Application. During the month of November, the Treasurer shall send to each member notification of his/her dues for the ensuing year. An annual, non-member newsletter subscription fee of $15 is applicable.
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 the Three Rivers Bernese Mountain Dog Club’s Constitution, By-Laws, and Code of Ethics and the rules of The American Kennel Club. The application shall state
the name, address, and occupation of the applicant and must be endorsed by two
unrelated members. Accompanying the application, the prospective member shall submit
a nonrefundable application fee of $15. The prospective member will receive the Club’s newsletter during the application period.
All applications are to be filed with the Secretary and each application is to be read at the first meeting of the Club following its receipt. At this point, the applicant becomes a prospective member. After a waiting period of six months, but not longer than one-year, the prospective member will be voted upon by the membership via secret ballot. The prospective member will leave the room during the voting process. Election to membership requires affirmative votes by ¾ members present and voting. After election to membership, the member shall submit his/her dues payment for the current year, as specified on the Membership Application.
Applicants for membership who have been rejected by the Club may not re-apply within six months after such rejection. Those applicants re-applying for membership shall be endorsed by two new unrelated sponsors.
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 the fiscal year.
b) Lapsing - A membership will be considered as lapsed and automatically be
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 special 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 VI
of these By-Laws.
ARTICLE II -
Meetings and Voting
SECTION 1. Club Meeting. Meetings of the Club shall be held within the Greater Pittsburgh area on or around the 17th of every other month, at such hour and place as may be designated by the Board of Directors. Written notice of each such meeting shall be mailed by the Secretary at least 10 days prior to the date of the meeting. If the Club regularly distributes a newsletter to its members, notice of the Club meeting may be published in that newsletter in lieu of special notice mailed by the Secretary. The quorum for such meetings shall be 20% of the members in good standing.
SECTION 2. Special Club Meeting. 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 meeting shall be held within the Greater Pittsburgh area at such place, date, and hour 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 not more than 15 days prior to the date of the meeting, and said notice quorum for such a meeting shall be 20% of the members in good standing.
SECTION 3. Board Meeting. Meeting of the Board of Directors shall be held every other
month within the Greater Pittsburgh area one hour before regular Club meetings or as determined by the Board of Directors. The quorum for such a meeting shall be a majority of the Board.
SECTION 4. Special Board Meeting. Special meeting of the Board may be 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 meeting shall be held within the Greater Pittsburgh area at such place, date, and hour as may be designated by the person authorized herein to call such a meeting. Notification of such meeting shall be communicated by the Secretary at least 5 days and no more than 10 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 he/she is present. Proxy
voting will not be permitted at any Club meeting or election.
ARTICLE III - Directors and Officers
SECTION 1. Board of Directors. The Board shall be comprised of the President, Vice-
President, Secretary, Treasurer and five Directors, all of whom shall be members in good standing. The Officers shall be elected for 2-year terms and the Directors shall be elected for two-year terms at the Club’s annual meeting as provided in Article IV and shall serve until their successors are elected. No one person shall hold the same office for more than two elected terms. General management of the Club’s affairs shall be entrusted to the Board of Directors. The Board is granted the authority to make any discretionary decisions not specifically provided by The Constitution and By-Laws.
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 death, absence, or incapacity.
c) The Secretary shall keep a record of all such meetings of the Club and of the Board and of all matters of which a record shall be ordered by the Club. He/she shall be in 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 prescribed in these By-Laws.
d) The Treasurer shall collect and receive all moneys due or belongings to the Club. He/she shall deposit the same in a bank designated by the Board, in the name of the Club. His/her books shall at all times be open to inspection by the Board. During every meeting, the Treasurer shall report the condition of the Club’s finances and every item of receipt or payment not before reported. At the annual meeting, the Treasurer shall render an account of all moneys received and expended during the previous fiscal year. The Treasurer shall be bonded in such amount as the Board of Directors shall determine.
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. The exception being that a vacancy in the office of President shall be filled automatically by the Vice-President.
The Board shall fill the resulting vacancy in the office of Vice-President.
ARTICLE IV -
The Club Year, Annual Meeting, Elections
SECTION 1. Club Year. 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 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 December 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.
SECTION 3. Elections. The nominated candidate receiving the greatest number of votes for
each office shall be declared elected as directors. The five 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 August, 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 committee persons and alternates of their selection. The Board shall name a Chairperson for the Committee and it shall be his/her duty to call a committee meeting, which shall be held on or before September 17th.
a) The Committee shall nominate one candidate for each office and a candidate for each
open Director position, and after securing the consent of each person so nominated,
shall immediately report their nominations to the Secretary in public.
b) Upon receipt of the nominating Committee’s report, the Secretary shall, before
October, notify each member in writing of the candidates so nominated. If the Club
regularly distributes a newsletter to its members, notice of candidates may be
published in that newsletter in lieu of special notice mailed by the Secretary.
c) Additional nominations may be made at the October meeting by any member in
attendance provided that the person so nominated does not decline when his/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/her willingness to be a candidate. No person may
be a candidate for more than one position.
d) Nominations cannot be made at the annual meeting or 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 matches, rescue, breed standard study, and other fields which
may well be served by committees. Such subcommittees 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 appointed may be terminated by a majority vote for the full membership of the Board upon written notice to the appointee; and the Board may
appoint successors to those 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 or in violation of the Club’s Code of Ethics. 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 following a hearing. The Secretary shall promptly send a copy of the charges to each member of the Board or present them at the 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 enter jurisdiction. It 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 registered mail, together with a notice of the hearing and an assurance that the defendant may personally appear in his/her own defense and bring witness(es) if he/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 the complainant and defendant, the Board should be 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 is 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/her 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/her own behalf, though no evidence shall be taken at the meeting. The president shall read the charges and the Board’s findings and recommendations, and 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 so voted, he Board’s 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 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 distributes 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 meetings of the Club, the order of business, so 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 Vice-President
Report of Secretary
Report of Treasurer
Report of Committees
Election of Officers and Board (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 Secretary
Report of the Treasurer
Report of Committees
Unfinished business
New business
Adjournment
(Robert’s Rules of order shall be followed to the extent that they are not inconsistent with
these By-Laws.)
TRBMDC Constitution Revisions
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Rev. 1 dated June 13, 2003 – Revisions included the following:
Membership fees removed from TRBMDC Constitution and inserted on Membership Application.
Dues shall be determined of the Board of Directors. Board of Directors granted authority to make decisions not specified in the Constitution. Other minor edits/clarifications incorporated.
Rev.1 approved by TRBMDC membership in June, 2003 Club Meeting.
Rev. 0 dated November, 1991 – Original Constitution
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