KUVASZ CLUB OF AMERICA CONSTITUTION And BY-LAWS
ARTICLE 1 - NAME AND PURPOSE
The official name of the club shall be the
KUVASZ CLUB OF AMERICA.
The purpose of the club shall be:
(a) To encourage and promote quality in the breeding of purebred Kuvasz.
(b) To encourage the organization of independent regional Kuvasz Clubs in localities which meet the requirements of the American Kennel Club.
(c) To encourage acceptance of the Kuvasz Standard as approved by the American Kennel Club as the only standard by which the Kuvasz shall be judged.
(d) To protect and advance the interests of the breed and encourage sportsmanlike competition at dog shows and obedience trials.
(e) To conduct sanctioned matches, specialty shows, and obedience trials, tracking tests and any other events permitted under the rules of the American Kennel Club.
The Club shall not be conducted or operated for profit. No part of any profits or remainder of residue from dues or donations to the Club shall inure to the benefit of any member or individual.
ARTICLE 1 ~ MEMBERSHIP
SECTION 1. Eligibility
There shall be three types of memberships which shall be open to all persons who are in good standing with the American Kennel Club and who subscribe to the purposes of this club.
(a) Regular Membership: Open to all residents of the United States of America, who are eighteen (18) years of age or older. Regular members in good standing may vote and hold office.
(b) Associate Membership: Open to all non-United States of America residents who are eighteen (18) years of age or older. Associate members cannot vote, cannot hold office, and do not count in determining a quorum. Dues for Associate Members are set at a rate to cover printing and postal expenses.
(c) Junior Membership: Open to all persons between ten (10) and seventeen (17) years of age. Junior Members cannot vote, cannot hold office, and do not count in determining a quorum. A Junior Member shall convert to either a Regular or Associate Member upon his or her eighteenth (18th) birthday.
SECTION 2. Dues
Membership dues shall be determined by the Board of Directors. Dues are payable on or before the first (1st) day of January of each year. During the month of November, the Treasurer shall provide each member a statement of dues for the ensuing year.
SECTION 3. Application for membership
Each applicant for membership shall apply on a form approved by the Board of Directors. The application shall provide that the applicant agrees to abide by this Constitution, By-Laws and policies of the Kuvasz Club of America and the rules of the American Kennel Club. The application shall carry the endorsement of two (2) Regular Members in good standing. The application shall include dues payment for the current year.
Applications will be considered at the next meeting of the Board of Directors following publication of applicants to the membership. Applicants may be elected by secret ballot at any meeting of the Board of Directors or by secret vote of the Directors by mail.
Affirmative votes of two thirds (2/3) of the voting Board shall be required to approve an applicant.
An application which has been rejected by the Board of Directors may be presented by one of the applicant's endorsers at the next Annual Meeting of the Club. The Club may elect such applicant by favorable vote of seventy-five percent (75%) of the members present.
SECTION 4. Termination of Membership
Membership may be terminated by any of the following:
(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 (1st) day of each fiscal year.
(b) Lapsing: A membership will be considered lapsed and automatically terminated if the member's dues remain unpaid by March first (1st) of the fiscal year. However, upon written request and a showing of good cause, the Board of Directors may grant an extention not exceeding thirty (30) days.
(c) Expulsion: A membership may be terminated by expulsion as provided in Article VI.
SECTION 5. Good Standing
A member is considered in "Good Standing" as provided in this Constitution and By-Laws whose dues are paid for the current year and whose membership has not been terminated as provided in Article 1 (4) nor the subject of disciplinary proceedings as provided in Article VI. No member shall represent that he or she is expressing a position of the Kuvasz Club of America without the express approval of the Board of Directors. Violation of this provision may constitute conduct prejudicial to the best interests of the Club and may be cause for discipline as provided in Article VI.
ARTICLE II ~ MEETINGS
SECTION 1. Annual Meetings
The Annual Meeting of the Club shall be held in conjunction with the Club's Specialty Show. If the Club Specialty Show is not held on a given year, the Annual Meeting shall be held between the first (1st) of March and the thirty first (31st) of May at a place, date and hour designated by the Board of Directors. Written notice of the Annual Meeting shall be provided by the Secretary to each member at least thirty (30) days prior to the date of the meeting. A quorum shall be ten per cent (10%) of the regular members in good standing.
SECTION 2. Special Meetings
Special meetings may be called:
(a) By the President,
(b) By a majority of the Board of Directors,
(c) By the Secretary upon receipt of a petition signed by ten percent (10%) of Regular Members of the Club who are in good standing.
The person(s) calling the special meeting shall specifically state the business to be conducted at the special meeting. If by petition, the meeting shall be held on a date selected by the Board of Directors within sixty (60) days of receipt of the petition.
Written notice of a special meeting shall be provided to all members by the Secretary at least fourteen (14) days prior to the meeting. The notice shall state the date, location, time and business to be conducted at the meeting. The special meeting shall be limited to the business stated in the notice. A quorum shall be ten per cent (10%) of the Regular Members in good standing.
SECTION 3. Board Meetings
Meetings of the Board of Directors shall be held at such times and places as designated by the President or by a majority of the Board. Notice of Board meetings shall be provided by the Secretary to each Board Member at least fourteen (14) days prior to the meeting. A quorum for a Board meeting shall be a majority of the Board.
SECTION 4. Manner of Business
The Board of Directors may conduct it's business and or meetings in person, by mail through the Secretary, or by any other form of telecommunication.
ARTICLE III ~ DIRECTORS AND OFFICERS
SECTION 1. Board of Directors
The Board of Directors shall be comprised of the President, Vice-President, Secretary, Treasurer and five (5) other persons, all of whom shall be Regular Members in good standing.
The office of the President, Treasurer, Delegate to the American Kennel Club and Board seat numbers two (2) and four (4) shall be elected for a two (2) year term on even numbered years as provided in Article IV and shall serve until their successors are elected. The office of Vice-President, Secretary and Board seats number one (1), three (3) and five (5) shall be elected for a two (2) year term on odd numbered years 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 the 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 have the duties and powers normally appurtenant to the office of President in addition to those particularly specified in the Constitution and By-Laws. The President shall preside at all meetings of the Club and of the Board.
(b) The Vice-President shall have the duties and powers normally appurtenant to the office of Vice-President in addition to those particularly specified in the Constitution and By-Laws. The Vice-President shall assume the duties and exercise the powers of the President in event of the President's inability to perform his or her duties.
(c) The Secretary shall keep a record of all meetings of the Club and of the Board of Directors and of all votes taken, and all matters of which a record shall be ordered by the Club. The Secretary shall have charge of all correspondence, notify members of meetings, notify applicants of their acceptance or rejection of membership, notify Officers and Directors of their election to office, maintain a roll of the members of the Club, and carry out such other duties as are prescribed in the Constitution and By-Laws.
(d) The Treasurer shall collect and retain all monies due or belonging to the Club. The Treasurer shall pay all debts and obligations of the Club. The Treasurer shall maintain all Club monies in a financial institution designated by the Board in the name of the Club. The Treasurer's books shall at all times be open to inspection by the Board of Directors and to Regular Members in good standing upon written request. The Treasurer shall report to the Board at all meetings the condition of the Club's finances. At the Annual Meeting, the Treasurer shall render a written accounting of all monies received and expended during the previous fiscal year. The Treasurer may be required to be bonded in an amount determined by the Board of Directors.
(e) The Delegate to the American Kennel Club shall attend the quarterly meetings of the American Kennel Club and report to the Board of Directors.
SECTION 3. Vacancies
(a) Any Officer or Director of the Board who misses three (3) Board meetings during a Club year without good cause may be removed from office by a majority vote of the Board of Directors.
(b) Any vacancies occurring on the Board during the Club year shall be filled for the duration of that term by a majority vote of all the remaining members of the Board. A vacancy in the office of the President shall be filled by the Vice-President and the resulting vacancy in the office of Vice-President shall be filled by a majority vote of the Board.
THE CLUB YEAR * VOTING * NOMINATIONS * ELECTIONS
SECTION 1. Club Year
(a) The Club's fiscal year shall begin on the first (1st) day of January and end on the thirty-first (31st) day of December.
(b) The Club's official year shall begin on the first (1st) day of January and end on the thirty-first (31st) day of December.
SECTION 2. Voting
Voting shall be limited to Regular Members in good standing. Voting for the election of Officers and Directors, Amendments to the Constitution and By-Laws, and Amendments to the Standard for the Breed shall be decided by written ballot. Voting by proxy shall not be permitted. The Board of Directors may decide to submit other specific questions for decision of the members by written ballot.
SECTION 3. Annual Election
The election of Officers and Directors and Delegate to the American Kennel Club shall be conducted by secret ballot. Ballots to be valid must be received by the Secretary on or before the fifteenth (15th) of November. Ballots shall be opened and counted by three (3) inspectors of election who are Regular Members in good standing. Ballots shall be counted by the first (1st) of December. The Secretary shall notify all candidates of election results on or before the fifteenth (15th) of December. Inspectors may not be members of the current Board of Directors nor nominees of the ballot. Inspectors shall be elected by a majority of the Board. The Board may however, by a majority vote, designate an independent professional firm to send, receive and count the ballots. Any independent professional firm designated by the Board shall be required to adhere to Election deadlines set forth in Article IV. The person receiving the largest number of votes for each position shall be declared elected. If any nominee, at the time of his or her election, is unable to serve for any reason, such nominee shall not be elected and the vacancy so created shall be filled by the new Board of Directors in the manner provided by Article III, Section (3). The elected Officers and Directors shall take office on the first (1st) day of January following the election. Each retiring Officer shall turn over to his or her successor all properties and records relating to that office within thirty (30) days after the election.
SECTION 4. Nominations and Ballots
A Nominating Committee shall be chosen by the Board of Directors before the first (1st) of July. The Nominating Committee shall consist of five (5) Regular Members in good standing, no more than one (1) of whom shall be a member of the current Board of Directors. The President shall appoint a chairperson for the Committee. The Nominating Committee may conduct its business in person, by mail, or any other form of telecommunication. The Nomination procedures are as follows:
(a) The Nominating Committee shall nominate one (1) candidate for each available office. The Committee shall
procure the written acceptance of each nominee. The Committee should consider the geographical representation of the membership on the Board to the extent that it is practicable to do so. The committee shall submit its list of nominees to the Secretary on or before the first (1st) of August. The Secretary shall provide the list of nominees to each Regular Member on or before the fifteenth (15th) of August and shall provide written notice of the right to additional nominations as set forth in Article IV (4) (b).
(b) Additional Nominations may be made by written petition by five (5) Regular Members in good standing. Petitions for additional nominations and written acceptance of the nominee must be received by the Secretary on or before the first (1st) of October.
(c) If no additional nominations are received by the Secretary, the Nomniating committee's list of nominees shall be declared elected and no Balloting will be required.
(d) If additional nominations are received by the Secretary on or before the first (1st) of October, the Secretary shall, on or before the fifteenth (15th) of October, mail to each Regular Member in good standing, a ballot listing all of the nominees for each position in alphabetical order, along with a resume from each nominee, together with a blank envelope and return envelope addressed to the Secretary 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 the second envelope addressed to the Secretary. The Inspectors of the election shall check the return envelopes against the list of members in good standing prior to opening the outer envelopes and removing the blank envelopes. The Secretary shall certify the eligibility of all voters as well as the results of the voting.
(e) Nominations shall not be made in any manner other than as provided in Article IV.
(f) No person may be a nominee in a club election who is not a Regular Member in good standing. No person shall be a nominee for more than one (1) position.
ARTICLE V ~ COMMITTEES
The President, with approval from a majority of the Board of Directors, may appoint the committee chairpersons to advance the purposes of the Club in any field which may well be served by committees. Committee actions shall be subject to the final approval of the Board of Directors.
Any committee appointment may be terminated by a majority vote of the full membership of the Board of Directors. The Board of Directors may appoint successors to those persons whose service has 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 be automatically suspended from the privileges of this Club for a like period.
SECTION 2. Charges
(a) 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 money deposit determined by the Board of Directors which shall be forfeited if such charges are not sustained by the Board following a hearing.
(b) The Secretary shall promptly send a copy of the charges to each member of the Board of Directors. The Board shall consider whether the allegations, if proven, constitute conduct prejudicial to the best interests of the Club or breed.
(c) If the Board finds that the allegations do not allege conduct prejudicial to the best interests of the Club or of the breed, it may refuse to take further action.
If the Board finds that the allegations, if proven, constitute conduct prejudicial to the best interest of theClub or breed it shall set a date for a hearing not less than three (3) weeks nor more than six (6) weeks thereafter. The hearing shall be conducted by the Board of Directors or by a Committee which is comprised of a minimum of three (3) Board Members.
(d) The Secretary shall promptly send a copy of the charges and notice of the hearing to the defendant and the complainant by certified mail. The notice shall contain the date, time and location of the hearing and shall provide that the defendant and complainant may appear on his or her own behalf and present witnesses and evidence.
SECTION 3. Board Hearing
(a) Representation: The Board or Committee shall have authority to decide whether legal counsel may attend the hearing, but both complainant and defendant shall be treated uniformly in that regard.
(b) Decision and Recommendations: Upon hearing all the evidence, the Board or Committee shall reach a decision. The decision including findings, recommendations and penalty, if any, shall be put in written form and filed with the Secretary. The Secretary shall provide the complainant and defendant with a copy of the decision.
(c) Suspension: The Board or Committee may, by a majority vote of those present at the hearing, suspend the defendant from any and all privileges of the Club for a period of six (6) months from the date of the hearing or until the next Annual Meeting if that will occur after six (6) months. Suspension shall not restrict the defendant's right to appear before fellow members at the Annual Meeting if expulsion is recommended by the Board or Committee.
SECTION 4. Expulsion
If, upon hearing all evidence, the Board or Committee deems suspension insufficient, it may also recommend expulsion. Expulsion of a member may be accomplished only at the Annual Meeting following a hearing and upon the recommendation of the Board of Directors or Committee as provided in Section 3 of this Article. The defendant may appear on his or her own behalf though no evidence shall be taken at the Annual Meeting. The President shall read the charges, as well as the decisions, findings and recommendations of the Board and the Defendant shall be permitted to make a statement on his or her behalf prior to balloting. The meeting shall then vote by secret written ballot on the proposed expulsion. A two-thirds (2/3) vote of those present at the Annual Meeting shall be necessary for expulsion. If expulsion is not so voted the suspension shall stand.
ARTICLE VII ~ AMENDMENTS
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 Secretary signed by twenty percent (20%) of the regular membership in good standing. Amendments proposed by petition shall be 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 is received by the Secretary.
A copy of the proposed amendment shall be mailed by the Secretary to each regular member in good standing, accompanied by a ballot on which each voter may indicate a choice for or against the amendment. Dual envelope procedures as described in Article IV, 4 (d) shall be followed in handling such ballots. A notice shall accompany the ballot which shall specify a date not less than thirty (30) days after the date of mailing by which date the ballots must be returned to the Secretary. Ballots shall be counted by the Secretary. A favorable vote of two-thirds (2/3) of the regular members in good standing who return valid ballots within the time limit shall be required to effect any such amendment.
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
The Club may be dissolved at any time by the written consent of not less than two thirds (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. After payment of any outstanding debts, the property and assets of the Club shall be donated to a charitable organization for the benefit of dogs selected by the Board of Directors.
ARTICLE IX ~ ORDER OF BUSINESS
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:
Minutes of the last meeting
Report of President
Report of Secretary
Report of Treasurer
Report of Committees
Election of Officers and Board (at Annual Meeting)
Election of new members
At meetings of the Board, the order of business, unless otherwise directed by a majority vote of those present, shall be as follows:
Reading of minutes of the last meeting
Report of Secretary
Report of Treasurer
Report of Committees
Election of new members
ARTICLE X ~ PARLIAMENTARY AUTHORITY
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 other special rules of order the Club may adopt.
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