CONSTITUTION AND BY-LAWS OF
THE BOSTON TERRIER CLUB OF AMERICA, INC.
CONSTITUTION
ARTICLE I
Name and Objectives
Section 1. The name of the Club shall be the Boston
Terrier Club of America, Inc.
Section 2. The objectives of the Club shall be:
a. To encourage and promote quality in the breeding
of purebred Boston Terriers, and to do all possible to bring their natural
qualities to perfection;
b. To encourage the organization and development of
affiliated Boston Terrier clubs in those localities where there are sufficient
fanciers of the breed to meet the requirements if the American Kennel Club;
c. 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 Boston Terriers shall be judged;
d. To do all in its power to protect and advance the
interests of the breed and to encourage sportsman-like competition at dog
shows and obedience trials;
e. To conduct sanctioned matches, 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 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 objects.
BY-LAWS
ARTICLE I
Membership
Section 1. Eligibility. There shall be
the following categories of members:
a. Individual persons, eighteen years of age or older, who subscribe to the purposes of this Club and who are in good standing with The American Kennel Club. Individual members shall enjoy all the privileges of membership, including the right to vote and hold office.
b. Life Members. Life membership may be conferred upon such members in good standing for a minimum of twenty (20) consecutive years, as have been determined to have rendered extraordinary service to the welfare of the Club and the breed. Life membership may be conferred following either the recommendation by the Board of Directors of the Boston Terrier Club of America, or by recommendation by written petition endorsed by a total of 5 members and either such recommendation shall be approved by a favorable vote of 75% of the members present and voting at the next Annual Meeting. Life members shall be exempt from the payment of annual dues, and shall hold all privileges of regular membership. Members of the Club accorded Life Membership prior to the adoption of these By-Laws shall not have their Life Memberships retroactively affected.
c. Honorary Members. Honorary Membership may be conferred upon such individuals who have rendered meritorious service in the interest of the Boston Terrier. Honorary membership shall be conferred in the same manner provided for recommendation and election in ARTICLE I, Section 1b. Honorary Members shall be exempt from the payment of annual dues, and shall not be eligible to vote or hold office. A member of the Club who receives Honorary Membership may continue to enjoy full membership privileges by continuing to pay annual dues.
d. Affiliate Specialty Clubs. Geographically local Boston Terrier clubs shall be eligible for Affiliate Club Membership at such time as a club shall be accredited for the holding of B Sanctioned events under The American Kennel Club rules. A copy of the applicant club's constitution and by-laws plus a brief resume of the organizational development of the club and a current membership roster must be placed on file with the Recording Secretary of the Boston Terrier Club of America Recording Secretary at the time of application for Affiliate Club Membership. Payment for one year's dues must accompany the application. Yearly membership rosters from each member club must be placed on file thereafter with the Recording Secretary. No amendment to the constitution and by-laws of an Affiliate Specialty Club adopted by that club shall become effective until it has been approved by the Board of Directors of the Boston Terrier Club of America.
e. Associate Specialty Club. Geographically local Boston Terrier clubs who are in the formative stages and who have not yet been accredited for the holding of B-sanctioned events under the rules of The American Kennel Club and any Boston Terrier Club of a foreign country shall be eligible for Associate Specialty Club membership upon application and submission of the applicant club's by-laws, a brief resume of the organizational development or history of the club, a current membership roster and list of officers, and payment of the membership fee as defined in Section 2 hereof. Associate Specialty Clubs shall be non-voting members.
f. Foreign Members. Individuals who are eighteen years of age or older and who are citizens of countries other than the United States are eligible for membership in the Boston Terrier Club of America. Dues for foreign members shall be the same as dues for individual members, except that an additional amount may be added for postal expenses. Foreign members may participate in Club events and may vote in Club elections and other matters. However, foreign members cannot be counted in determining a quorum, cannot hold office, and cannot vote on the breed standard.
Section 2. Dues. Membership dues shall be twenty ($20.00) dollars per individual member, fifty ($50.00) dollars per Affiliate Specialty Club and ten ($10.00) dollars per Associate Specialty Club per year, payable on or before the first day of July of each year. At the discretion of the Board of Directors, the dues amounts may be set from year to year without further amendment, up to, but not to exceed a maximum of fifty ($50.00) dollars per individual member, one hundred ($100.00) dollars per Affiliate Specialty Club and twenty ($20.00) dollars per Associate Specialty Club per year. The yearly deadline for such Board action shall be January 1st, and in any year when the Board has not acted to change the dues by January 1st, the currently effective dues shall continue for the ensuing year. Any individual or club elected to membership after April 1 shall be exempt from payment of dues for the following year. By April 15 of each year, the Treasurer shall send to each individual member, each Affiliate Specialty Club and each Associate Specialty Club a statement of the dues for the ensuing year. A member whose dues are not paid for the current year shall not be entitled to vote on any matter.
Section 3. Election to Membership. Each applicant for membership shall apply on a form approved by the Board of Directors. This form shall state that the applicant agrees to abide by the Constitution and By-Laws of the Club 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.
Applications shall be mailed to the Corresponding Secretary, who shall submit them within 30 days of receipt to the Board of Directors, which is the body responsible for considering applications for membership. Except as noted below, all applicants will be considered and the membership vote taken within 75 days of the submission of such applications to the Board of Directors. Applicants will be elected either by secret ballot at any meeting of the Board of Directors or by a secret ballot vote of the Board of Directors by mail. Affirmative votes of 2/3 of the Directors at a meeting of the Board or 2/3 of the entire Board voting by mail, shall be required to elect an applicant. No applications for membership shall be acted upon by the Board of Directors during the time period between the close of the nominations for the Annual Election and the close of the Annual Election at the Annual Meeting.
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 to membership by a favorable vote of 75% of the members present.
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 Corresponding 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 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 or Affiliate Specialty Club be entitled to vote at any Club meeting, if the 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.
Section 2. Dues. Membership dues shall be twenty ($25.00)
dollars per individual member, fifty ($50.00) dollars per Affiliated Specialty
Club and ten ($10.00) dollars per Associate Specialty Club per year, payable
on or before the first of July of each year. At the discretion of the
Board of Directors, the dues amounts may be set from year to year without
further amendment, up to, but not to exceed a maximum of fifty ($50.00) dollars
per individual member, one hundred ($100.00) dollars per Affiliated
Specialty Club and twenty $20.00) dollars per Associated Specialty Club per
year. The yearly deadline for such Board action shall be January 1st,
and in any year when the Board has not acted to change the dues by January
1st, the current effective dues shall continue for the ensuing year.
Any individual or Club elected to membership after April 1st shall be exempt
from payment of dues the following year. By April 15th of each year,
the Treasurer shall send to each individual member, each Affiliated Specialty
Club and each Associate Specialty Club a statement of the dues for the following
year. A member whose dues are not paid for the current year shall not
be entitled to vote on any matter.
Section 3. Election to Membership. Each applicant for membership
shall apply on a form approved by the Board of Directors. This form
shall state that the applicant agrees to abide by the Constitution and By-Laws
of the Club 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 for the current year.
Applications shall be mailed to the Corresponding Secretary, who shall
submit them within 30 days of receipt to the Board of Directors, which is
the body responsible for considering applications for membership. Except
as noted below, all applicants will be considered and the membership vote
taken within 75 days of the submission of such applications to the Board
of Directors. Applicants will be elected by either secret ballot vote
of the Board of Directors or by a secret ballot vote of the Board of Directors
by mail. Affirmative votes of 2/3 of the Directors at a meeting of
the Board or 2/3 of the entire Board voting by mail, shall be required to
elect an applicant. No applications for membership shall be acted upon
by the Board of Directors during the time period between the close of nominations
for the Annual Elections and the close of the Annual Elections at the Annual
Meeting.
An applicant 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 to membership by a favorable vote of
75% of the members present.
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 corresponding 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 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 or Affiliate Specialty Club be entitled
to vote at any Club meetings, if the 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
Section 1. Annual Meeting. The Annual Meeting of the Club
shall be held between April 1st and May 30th in conjunction with the Club’s
rotating site Annual Specialty Show, at a place, date and hour designated
by the Board of Directors. Written notice of the Annual Meeting shall
be mailed by the Corresponding Secretary to each member at least sixty (60)
days prior to the date of the meeting. The quorum for the Annual Meeting
shall be 10% of the members in good standing. Each Affiliate Specialty
Club shall count as one member and shall be entitled to cast one vote by
and accredited representative chosen by that club on all matter acted upon
at the Annual Meeting.
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
of Directors who are present at a meeting of the Board or who vote by mail
and shall be called by the Corresponding Secretary upon receipt of a petition
signed by 10% of the members of the Club who are in good standing.
Such meetings shall be held at such place, date and hour as may be designated
by the Board of Directors. Written notice of each meeting shall be
mailed by the Corresponding Secretary at least 14 days prior to the meeting.
The notice 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. Each Affiliate Specialty Club shall count
as one member and shall be entitled to cast one vote by an accredited representative
on matters voted upon at a special Club meeting.
Section 3. Board Meetings. A meeting of the Board of directors
may be held immediately following or in conjunction with the Annual Meeting
and Election. Other meetings of the Board of Directors shall be held
at such times and places as are designated by the President or by a majority
vote of the entire Board. Written notice of each such other meeting
shall be mailed by the Corresponding Secretary to each member of the Board
at least 14 days prior to the date of the meeting. The quorum
for a Board Meeting shall be a majority of the Board voting in person or
by mail, FAX, or telephone conference call.
Section 4. Conduction of Board Business. The Board of Directors
may conduct its business by mail or FAX through the Recording Secretary.
Business may also be conducted by telephone conference call provided all
members of the Board are notified by mail at least 10 days in advance of
the proposed business. All actions of the Board of Directors, including,
if appropriate, a tally of the voting for each item approved or disapproved,
must clearly be set forth in minutes which shall be prepared by the Recording
Secretary and mailed to all Board members within 15 days of the meeting.
These minutes will then be subject to approval by the entire Board of Directors
in accordance with the provisions of Article IX, Section 2.
ARTICLE III
Directors and Officers
Section 1. Board of Directors. The Board shall be comprised
of the President, Vice-President, Recording Secretary, Corresponding Secretary,
Treasurer and 6 other persons, all of whom shall be members in good standing
and who are residents of the United States. All officers and members
of the Board of Directors shall be elected for no more than three successive
2-year term in the same office. The President, Recording Secretary
and 3 Board members shall be elected in Odd numbered years at the Club’s
Annual Meeting, as provided for in ARTICLE IV. The Vice-President,
Corresponding Secretary, Treasurer, and 3 Board members shall be elected
in even-numbered years. The Board of Directors shall be responsible
for the general management of the Club’s affairs.
Section 2. Officers. The Club’s officers, consisting of the
President, Vice President, Recording Secretary and Treasurer shall serve
in their respective capacities, both with regard to the Club and its meetings.
a. President. 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
particular specified in these By-Laws.
b. Vice-President. The Vice-President shall have
the duties and exercise the powers of the President in case of the President’s
death, absence or incapacity. He or she may be assigned other duties
by the Board of Directors.
c. Recording Secretary. The Recording Secretary
shall keep a record of all meetings of the Club, and shall send copies of
the minutes of these meetings to each Board member, Affiliate Specialty Club
and Associate Specialty Club within 30 days of such meeting. Club meeting
minutes shall be made available to all individual members upon written
request accompanied by a self-addressed, stamped envelope. He or she
shall keep a record of all Board meetings, and send copies of the minutes
of these meetings to all Board members within 30 days of such meetings.
Board meeting minutes shall be made available to individual members, Affiliate
Specialty Clubs and Associate Specialty Clubs upon written request accompanied
by a self-addressed, stamped envelope. He or she shall send out
ballots as required, and shall keep a record of all matters as prescribed
by the Board. He or she shall maintain an up-to-date name and address
of all Club members.
d. Corresponding Secretary. The Corresponding
Secretary shall have charge of all correspondence of the Club, except that
designated in ARTICLE III, Section 2c. He or she shall notify members
of meetings, notify new members of their election to membership, notify officers
and directors of their election to office, and carry out such other duties
prescribed in these By-Laws.
e. Treasurer. The Treasurer shall collect and
receive all moneys 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.
His or her books shall at all time be open to the inspection of the Board
and he or she shall report at every meeting on the condition of the Club’s
finances and every item of receipt or payment not before reported.
At the Annual Meeting he or she shall render an account of all money received
and expanded during the previous fiscal year. The Treasurer shall be
bonded in such amount as the Board of Directors shall determine, and
his or her books shall be reviewed annually by a committee which shall be
appointed by the Board of Directors at the time of the Annual Meeting.
This committee shall consist of three members in good standing, one of whom
shall be a Board member.
f. Delegate to the American Kennel Club. The
Delegate to the American Kennel Club shall be elected and serve as the official
delegate of the Club to the American Kennel Club. He or she may be
elected in either an odd-numbered or even numbered year; there shall
be no limitation on the number of successive 2-year terms he or she may serve.
He or she may attend and participate in Board meetings, but he or she shall
not be an Officer or voting Board member nor shall any incumbent voting Officer
or Board member be eligible to hold the position of Delegate.. He or she
shall attend Delegate’s Meetings of the American Kennel Club and report on
those meetings. He or she shall act as a liaison between the Board
and the American Kennel Club, and assume all other duties normally appurtenant
to this position. He or she shall not serve as Delegate until duly
approved by the American Kennel Club, and shall continue to serve until his
or her successor is duly approved by The American Kennel Club.
Section 3. Vacancies. Any vacancies occurring on the Board of Directors
or among the Officers during the year shall be filled by a majority vote
of the remaining members of the Board of Directors, except that a vacancy
in the office of President shall be automatically filled by the Vice-President,
and the resulting vacancy in the office of Vice-President shall be filled
by the Board of Directors. A vacancy replacement shall complete the
remaining of the term of the office left in the vacant position.
ARTICLE IV
The Club Year, Voting, Nominations, Elections
Section 1. Club Year. The Club’s fiscal year shall begin
on the 1st day of July and end on the 30th day of June. The Club’s
official year shall also shall begin on the 1st day of July and end on the
30th day of June. The officers and directors who are elected at the
Annual Meeting will take office or assume their positions on July 1.
Each retiring officer shall turn over to his or her successor in office all
properties and records relating to that office by July 31. The Delegate
to the American Kennel Club shall assume his or her position as such time
as his or her credentials shall be approved by the American Kennel Club Board
and favorably voted on at a Delegates’ Meeting.
Section 2. Voting.
a. At the Annual Meeting or at Special Meetings of
the Club, voting shall be limited to those members in good standing who are
present at the meeting. However, the Annual Election of officers and
directors, amendments to the Constitution and By-Laws, and changes in the
Standard for the breed, which shall be decided by written ballot cast by
mail. In addition, the Board of Directors may decide to submit other
specific questions for decision of the members by written ballot cast by
mail.
b. Each Affiliate Specialty Club shall count as one
member, and shall be entitled to cast one vote by an accredited representative.
In matters to be voted upon from the floor at the Annual Meeting or Special
Meetings of the Club, the duly accredited representative of an Affiliate
Specialty Club shall represent that club. In matters to be voted upon
by written ballot cast by mail, the membership of a voting Affiliate Specialty
Club shall direct the secretary or corresponding secretary of its club to
execute the desired vote on the written ballot and return the ballot in the
required manner.
c. Voting by proxy shall not be permitted.
Section 3. Annual Meetings. The election of officers and
directors shall be conducted by mail ballot in accordance with the provisions
of this ARTICLE. To be valid, ballots must be received at the designated
time prior to the meeting by either the Recording Secretary or an independent
professional firm engaged by the Board of Directors prior to the election.
a. Independent Professional Firm. Prior to the
election, the Board of Directors may, if desires, engage the services of
an independent professional firm whose function shall be the receipt, counting
and tabulation of the Annual Election ballots. This firm shall file
with the Recording Secretary a notarized report of the tally of votes received
by every candidate on the ballot. The sealed, notarized tally report
should be delivered no later than March 31 of each year where there is balloting
for the Annual Election. The envelope shall remain sealed until opened
during the Annual Meeting. The Board shall be responsible for the delivery
of the sealed tally report to the Annual Meeting at which it is scheduled
to be opened, and the results announced.
b. Inspectors of Election (Ballot Committee).
In the event an independent professional firm is not retained in connection
with the Annual Election, three Inspectors who are members in good standing
and who are neither members of the current Board nor candidates on the ballot,
shall count the ballots. These inspectors shall be chosen by members
present at the Annual Meeting. The Ballot Committee shall tally the
votes received by candidates for each office or position and report the results
of the tally to the membership. The person receiving the largest number
of votes for each position shall be declared elected.
c. Announcement of the results of the Annual Election
at the Annual Meeting. At the Annual Meeting for the election
of certain officers and directors, and the Delegate to The American Kennel
Club when applicable, the election ballot tally as provided in ARTICLE IV,
Section 3a and 3b, shall be announced to the attending membership.
The person receiving the largest number of votes for each position on that
year’s ballot 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 same manner provided in ARTICLE III, Section 3.
d. Announcements of the Results of the Annual Election
to the Entire Membership. The results of the Annual Election may be
published in the newsletter or other publication of the Boston Terrier Club
of America, provided such publication occurs within 30 days of the announcement
of the results at the Annual Meeting. If the results cannot be published
in that time period, then notification shall be mailed to each member within
30 days of the announcement of the results at the Annual Meeting. If
the tally report from the independent professional firm shall, for any reason,
not be delivered in time for announcement at the Annual Meeting, the results
shall be published or mailed to each member within 30 days of receipt of
that tally by the Recording Secretary.
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 November
1st. The Committee shall consist of three members from different areas
of the United States of America, and two alternates, all members in good
standing, no more than one of whom may be a member of the current Board of
Directors. The Board shall name a chairman for the Committee.
The Nominating Committee may conduct its business by mail, telephone or FAX.
a. The Nominating Committee shall nominate from among the eligible
members one candidate for each office, director’s position or Delegate to
the American Kennel Club open for election for that year in accordance with
the provisions of ARTICLE III, Section 1 and ARTICLE III, Section 2f.
The Nominating Committee shall procure in writing the acceptance of each
nominee so chosen. The Committee should consider the geographical representation
of the membership on the Board to the extent that it is practicable to do
so. By December 15th, the Committee shall submit its slate of candidates
to the Recording Secretary who shall mail the list, including the full name
of each candidate and the name of the State in which he or she resides, to
each member of the club on or before January 1st, so that additional nominations
may be made by members if they so desire. On or before
January 1st, the Recording Secretary shall also mail to each member a notice
which shall state that written petitions for additional nominations may be
submitted according to the provisions set forth in ARTICLE IV, Section 4b.
b. Additional nominations of eligible members may be made by written
petition addressed to the Recording Secretary and received at his or her
regular address on or before February 1st, signed by five members and accompanied
by the written acceptance of each such additional nominee signifying his
or her willingness to be a candidate. No member shall be a candidate
for more that one position.
c. If no valid additional nominations are received by the Recording
Secretary on or before February 1st, NO balloting will be required or conducted.
Rather, the Nominating Committee’s slate shall be declared elected at the
time of the Annual Meeting.
d. If one or more valid additional nominations are received by
the recording Secretary on or before February 1st, he or she shall on or
before February 20, mail to each member in good standing a ballot listing
all nominees for each position in alphabetical order with the names of the
States in which they reside, together with a blank envelope and a return
envelope addressed to the Recording Secretary or independent professional
firm marked “BALLOT” and bearing the name of the member to whom it was sent.
So that the ballots may remain secret, each voter, after marking his or her
ballot, shall seal it in the blank envelope, which, in turn, shall be placed
in second envelope addresses to the Recording Secretary or independent professional
firm. These ballots must be returned to either the Recording Secretary
or the independent professional firm by March 20. The Ballot Committee
or independent professional firm shall check the returns against the list
of members whose dues are paid for the current year, prior to the opening
of the outer envelope and remove the blank envelopes. The Ballot Committee
or independent professional firm shall certify the eligibility of the voters
from an up-to-date membership list supplied by the Recording Secretary, and
shall also certify the results of the voting. The report of the independent
professional firm of the results of the election and the appropriate certification
shall be provided in a sealed envelope to the Recording Secretary by March
31st. The sealed envelope will be opened and the results of the election
shall be announced at the Annual Meeting and in writing to the members as
provided in ARTICLE IV, Section 3c and 3d.
ARTICLE V
Committees
Section 1. Standing and Special Committees. The Board
may each year appoint standing committees to advance the work of the Club
in such matters as dog shows, sanctioned matches. Specialty shows, obedience
trials, the Breed Standard, member education, membership, trophies, annual
prizes and other matters which appropriately may be served by committees.
The specific committees and their respective functions may be listed in the
Club’s Standard Rules or Policies and Procedures. With the exception
of the Nominating Committee and the Affiliate Specialty Club Advisory Committee,
such committees shall always be subject to the final authority of the Board.
Special committees may also be appointed to aid the Board of Directors on
projects to promote the welfare and improvement of the Boston Terrier and
other particular projects.
Section 2. Affiliate Specialty Club Committee. One standing
committee shall be the Specialty Club Advisory Committee.
a. Affiliate Specialty Club Representative. Each year,
within 60 days of its own Annual meeting, each Affiliate Specialty Club shall
submit to the Recording Secretary, by mail, the names and address of its
nominees for Delegate (or Representative) and Alternate Delegate (or Alternate
Representative) to the Affiliate Specialty Club Advisory Committee.
The Alternate may only serve officially in the event the Delegate cannot,
for any reason, carry out his duties. If an Alternate is to replace
an official Delegate, either in a temporary or permanent capacity for the
year, the Affiliate Specialty Club must notify the Board of Directors, through
the Recording Secretary, either by telephone or in writing. Telephone
notification must be confirmed in writing within 7 days. The Advisory
Committee, once complete, may select its own chairman.
b. Purpose and Function of the Advisory Committee.
The purpose of this committee shall be primarily to provide liaison between
the Affiliate Specialty Clubs and the Board of Directors in all matters of
Affiliate Club interest. This committee may also adopt resolutions
relating to Boston Terrier Club of America issues.
Section 3. Termination of Appointment. Any committee appointment
may be terminated by a majority vote of the full membership of the Board
of Directors upon written notice to the appointee; however, the Board may
not appoint successors to the Affiliate Specialty Club Advisory Committee
Delegates or the Alternate Delegates.
ARTICLE VI
Discipline
Section 1. American Kennel Club Suspension. Any member who
is suspended from 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 interest of the Club
or the breed. Written charges with specifications and endorsed by the
complainant and no less than 2 additional members in good standing must be
filed in duplicate with the Recording Secretary together with a deposit of
fifty ($50.00) dollars which shall be forfeited if such charges are not sustained
by the Board or a Committee following a hearing. The Recording Secretary
shall promptly send a copy of the charges to each member of the Board or
present them at the next Board Meeting, if practicable. The Board shall
first consider whether the actions alleged in the charges, if proven, might
constitute conduct prejudicial to the best interest of the Club or the breed.
If the Board considers that the charges do not allege conduct which would
be prejudicial to the best interest 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 entire Board or a Committee
consisting of not less than three members of the Board, not less than 3 weeks
nor more than 6 weeks thereafter. The Recording Secretary shall promptly
send one copy of the charges to the accused member by certified mail together
with a notice of the hearing and as assurance that the defendant may personally
appear in his or her own defense and bring witnesses is he or she wishes.
Section 3. Board Hearing. The Board or Committee shall have
complete authority to decide whether counsel or other representative may
attend the hearing, but both complainant and defendant shall be treated uniformly
in that regard. In the event any member of the Board is the complainant
or defendant, he or she shall be ineligible to participate as a Board or
Committee member with respect to the matter. Should the charges be
sustained after hearing all the evidence and testimony presented by complainant,
the Board or Committee 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, or until the next Annual Meeting if that shall occur
after six months. And, if it deems punishment sufficient, it may 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
or her fellow members at the ensuing Annual Meeting or other 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 Recording Secretary. The Recording
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 the recommendation of the Board or Committee as provided
in Section 3 of this ARTICLE. Although the defendant shall have the
privilege of appearing in his or her own behalf, no evidence will be taken
at this meeting. The President shall read the charges and the findings
and recommendations, and shall invite the defendant, if present, to speak
on his or her own behalf. Those present at the meeting shall then vote
by secret written ballot on the proposed expulsion. A 2/3 vote of those
present and voting at the Annual Meeting shall be necessary for expulsion.
If expulsion is not so voted, such portion of the suspension as may remain
shall stand.
ARTICLE VII
Amendments
Section 1. Amendments to the Constitution and By-Laws and to the
Standard for the breed may be proposed by the Board of Directors or by written
petition addressed to the Recording Secretary signed by twenty percent of
the membership in good standing. Amendments proposed by petition shall
be promptly considered by the Board of Directors and must be submitted to
the members with recommendations of the Board by the Recording Secretary
for a vote within four months of the date when the petition was received
by the Recording Secretary.
Section 2. The Constitution and the By-Laws and the Standard for
the breed may be amended at any time provided a copy of the proposed amendment
has been mailed by the Recording Secretary to each member in good standing
on the date of mailing, 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 not less than 30 days after the date of mailing by which date
the ballots must be returned to the Recording Secretary to be counted.
To assure secrecy of vote, the dual-envelope method of ballot procedures
as provided for in ARTICLE IV, Section 4d shall be used for the voting
upon such proposed amendments. The favorable vote of 2/3 of the members
in good standing who return valid ballots within the time limit shall be
required to effect any such amendment.
Section 3. No amendment to the Constitution and By-Laws or to the
Standard for the breed 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 the purpose 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 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 the last Meeting
Report of President
Report of Vice-President
Report of Recording Secretary
Report of Corresponding Secretary
Report of Treasurer
Report of Committees
Election of Officers and Board (at Annual Meeting)
Election of New Members
Unfinished Business
New Business
Welfare of the Club
Adjournment
Section 2. At meetings of the Board of Directors, the order of
business, unless otherwise directed by majority vote of those present, shall
be:
Roll Call
Reading of minutes of last meeting
Report of Recording Secretary
Report of Corresponding Secretary
Report of Treasurer
Report of Committees
Unfinished Business
Election of New Members
New Business
Adjournment
ARTICLE X
Parliamentary Authority
Section 1. 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 By-Laws
and any other special rules of order the Club may adopt.
Adopted November 24, 1996 and May 3, 1997
Approved by the American Kennel Club January 21, 1997 and May 27, 1997