ARTICLE I Names and Objects
SECTION 1 The name of the Club shall be the North Dakota Sports Spaniel Club.
SECTION 2 The object of the Club shall be:
a) to encourage and promote quality in the breeding of pure-bred spaniels and to do all possible to bring their natural qualities to perfection;
b) to urge members and their breeders to accept the standard of the breed as approved by the American Kennel Club as the only standard of excellence by which spaniels shall be judged;
c) to do all in its power to protect and advance the interests of the breed by encouraging sportsmanlike competition at field trials;
d) to conduct sanctioned and licensed field 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 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 bylaws as may be required to carry out these objects.
BYLAWS
ARTICLE I Membership
SECTION 1 Eligibility
There shall be two types of membership, one open to all persons eighteen (18) years of age and older and a second junior membership open to all persons under the age of eighteen (18). All members must be in good standing with the American Kennel Club and 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.
SECTION 2 Dues
Membership dues shall not exceed $30.00 for an Adult membership and $10.00 for Juniors (less than eighteen years of age) per year, payable on or before the 1st day of January each year. No member may vote whose dues are not paid for the current year. During the month of December, the Treasurer shall send to each member a statement of dues for the ensuing year.
SECTION 3 Elections 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 bylaws 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 secretary and each application is to be read at the first meeting of the Club following its receipt. At the next club meeting the applications will be vote upon and affirmative votes of 2/3 of the members present and voting by secret ballot at that meeting shall be required to elect the applicant.
Applicants for membership who have been rejected by the club shall not re-apply within six (6) 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 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 thirty (30) days after the first day of the fiscal years; however, the Board may grant an additional thirty 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 or 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 bylaws.
ARTICLE II Meetings and Voting
SECTION 1 Club Meetings
Meetings of the Club shall be held each month in the greater Bismarck area 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 ten (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 receipt of a petition signed by five (5) members of the Club who are in good standing. Such special meetings shall be held within the greater Bismarck 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 postmarked at least 5 business 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 each month within the Greater Bismarck area, at such hour and place as may be designated by the Board. Written notice of each such meeting shall be mailed by the Secretary postmarked at least five (5) business 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, and shall be called by the Secretary upon receipt of a written request signed by at least three (3) members of the Board. Such special meetings shall be held within the greater Bismarck area at such place, date, and hour as may be designated by the person authorized herein to call such meeting. Written notice of such meeting shall be mailed by the Secretary postmarked at least five (5) business days and not more than ten (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 meting 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 officers and two (2) other persons 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 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.
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 bylaws.
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 matters of which a record shall be ordered by the Club; 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 bylaws.
d) The Treasurer shall collect and receive all monies due or belonging to the Club. Monies shall be deposited 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 a report shall be given at every meeting of the condition of the Club’s finances and every item of receipt or payment not before reported; and at the annual meeting an accounting shall be rendered of all monies received and expended during the previous fiscal year. The Treasurer shall be bonded in such amount as the Board of Directors shall determine.
e) The offices of Secretary and Treasurer may be held by the same person in which case the Board shall be comprised of five (5) persons.
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 call for that purpose, except that a vacancy in the office 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 1st day of January and end on the last 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 January at which Officers and Directors for the ensuing year shall be elected by secret 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 the successor in office all properties and records relating to that office within thirty (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 position 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 November, the Board shall select a Nominating Committee consisting of three (3) members and two (2) alternates, not more than one of whom may be a member of the Board. The Secretary shall immediately notify the committee and alternates of their selection. The Board shall name a Chairperson for the committee and it shall be such person’s duty to call a committee meeting which shall be held on or before December 15th.
a) The committee shall nominate one candidate for each office and position on the Board, and, after securing the consent of each person so nominated, shall immediately report their nominations to the Secretary in writing.
b) Upon receipt of the Nominating Committee’s report, the secretary shall before January notify each member in writing of the candidates so nominated.
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 their 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 willingness to be a candidate. No person may be a candidate for more than one (1) 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 specialty shows, obedience trials (field 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 it on particular projects.
SECTION 2
Any committee appointment may be terminated by a majority vote of the full membership if 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 automatically shall be suspended from the privileges of the Club for a like period.
SECTION 2 Charges
Any member may prefer charges against a member for alleged misconduct prejudicial to the best interests for the Club or the breed. Written charges with specifications must be filed in duplicate with the Secretary together with a deposit of $20.00 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 for a hearing by the Board not less than three (3) weeks nor more tan six (6) weeks thereafter. The Secretary shall promptly send one (1) 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 own defense and bring witnesses if he 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 record. 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 (6) 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 the Club membership 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 Expulsions
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 the Article. Such proceeding may occur at a regular or special meeting of the Club to be held within sixty (60) days but not earlier then thirty (30) days after the date of the Board’s recommendation of the expulsion. The defendant shall have the privilege of appearing in his/her own behalf, though no evidence shall be taken at this meeting. The President shall read the charges and the Board’s finding and recommendation, and shall invite the defendant, if present, to speak in his/her own behalf if he/she wishes. The members shall then vote by secret ballot on the proposed expulsion. A two-thirds 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 bylaws may be proposed by the Board of Directors or by written petition addressed to the Secretary signed by twenty (20) percent 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 (3) months of the date when the petition was received by the Secretary.
SECTION 2
The constitute and bylaws 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 (2) weeks prior to the date of the meeting.
ARTICLE VIII Dissolution
SECTION 1
The Club may be dissolved at any time by the written consents 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 member 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
SECTION 1
At a meeting 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, Reports of President, Secretary, Treasurer, and Committees (in this order); Election of Officer 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 the last meeting, Reports of Secretary, Treasurer and Committees, unfinished business, new business, and 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 bylaws and any other special rules of rules the Club may adopt.