CONSTITUTION AND BY-LAWS

THE ELMIRA KENNEL CLUB INC.
(Chemung County, New York)

 

ARTICLE I
NAME AND OBJECTIVES

 

Section 1 The name of the Club shall be called The Elmira Kennel Club, Inc. (hereinafter referred to as "the Club"), incorporated in the state of New York.

Section 2 The objectives of the Club shall be:

  1. To further the advancement of all breeds of purebred dogs;
  2. To do all in its power to protect and advance the interests of all breeds of purebred dogs, and to encourage sportsmanlike competition at dog shows, obedience trials, matches, and other events; and
  3. To conduct dog shows, obedience trials, sanctioned matches, and other AKC events, under the rules and regulations of the American Kennel Club.

Section 3 The Club shall not be conducted nor operated for profit and 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.

Section 4 The members of the Club shall adopt and may from time to time revise such By-Laws as may be required to carry out these objectives.

 

ARTICLE II
MEMBERSHIP

 

Section 1 Eligibility: There shall be the following types of memberships:

  1. Regular membership is open to all persons eighteen years of age and older, who are in good standing with the American Kennel Club and who subscribe to the purposes of this Club. While membership is unrestricted as to residence, the Club's primary purpose is to be representative of the breeders and exhibitors in its area.
  2. A Family (Household) membership is available for two adults (over 18) residing in the same household. Adults are each entitled to vote and hold office.
  3. Junior Membership is available for minors between the ages of 9 and 18. A junior membership automatically converts to a regular membership when the age of 18 is reached, the written portion of a membership application is completed and appropriate dues are paid. Junior members are not eligible to vote or hold office.
  4. A lifetime membership may be granted by the Club to those members with completion of twenty-five (25) years of membership. Lifetime members are entitled to vote and hold office.
  5. The April minutes shall publish a list of current members.

Section 2 Dues: Membership dues shall not exceed $15.00 single / $20.00 family per year, payable on or before the 1 st day of February of each year. Junior members are not required to pay dues. No member may vote whose dues are not paid for the current year. During the month of November the Treasurer shall send to each member a statement of dues for the ensuing year. Dues are considered to be paid up for lifetime members. In case of hardship, the club member should direct his concerns to the board. If an individual becomes a member in the months of November or December, their dues will cover the last quarter of the current year and the following year.

Section 3 Election to Membership: A prospective member must attend three regular Club meetings before applying for 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 Constitution and By-Laws and the rules of The American Kennel Club. The application shall state the name, address, and occupation of the applicant and it shall carry the endorsement of two members in good standing. Accompanying the application, the prospective member shall submit dues payment for the current year.

All applications are to be filed with the Secretary, in person, at a regular membership meeting. The name of each applicant is to be published in the general meeting minutes to be printed following receipt of the application. Any member who opposes the new membership should contact the Secretary in writing. The opposing member must appear at the next Board meeting to state his/her objection. The Board will then recommend approval or disapproval of themembership. At the next club meeting the application will be voted upon and an affirmative vote 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 may not reapply within 6 months after such rejection.

Section 4 Termination of Membership: Memberships may be terminated:

  1. 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. Obligations other than dues are considered a debt to the Club and must be paid in full prior to resignation.
  2. By lapsing. A membership will be considered as lapsed and automatically terminated if such member's dues remain unpaid for 90 days after the first day of the fiscal year. However, the Board may grant an additional 90 days of grace to such delinquent members in meritorious cases. In no case may a person be entitled to vote at any Club meeting whose dues are unpaid as of the date of that meeting.
  3. By expulsion. A member may be terminated by expulsion as provided in Article VII of these By- Laws.

Section 5 Reinstatement of Membership: Former members who have resigned or whose membership has been terminated must follow the procedure in Section 3 of this Article to re-apply for membership.

 

ARTICLE III
MEETINGS AND VOTING

 

Section 1 Regular Club Meetings: Regular meetings of the Club shall be held each month in the greater Elmira, New York, area, at such hour and place as may be designated by the Board of Directors. Notice of each meeting shall be provided by the Secretary by regular mail at least ten (10) days prior to the date of the meeting. The quorum for such meetings shall be twenty percent (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 of Directors 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 meeting shall be held in the greater Elmira, New York, area at such a place, date, and hour as may be designated by the person or persons authorized herein to call such meetings. Notice of such meetings shall be provided by the Secretary by regular mail at least five (5) days and not more than fifteen (15) days prior to the date of the meeting, and said notice shall state the purpose of the meeting. No other Club business may be transacted thereat. The quorum for such a meeting shall be twenty percent (20%) of the members in good standing.

Section 3 Board Meetings: Meetings of the Board of Directors shall be held at least six times a calendar year, within the greater Elmira, New York, area, at such hour, date and place as may be designated by the Board. Notice of such meeting shall be provided by the Secretary by regular mail at least five (5) 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 meeting shall be held in the greater Elmira, New York, area at such a place, date and hour as may be designated by the person(s) authorized herein to call such meetings. Notice of such meetings shall be provided by the Secretary by regular mail at least ten (10) days prior to the date of the meeting. Any such notice shall state the purpose of the meeting, and no other Club business shall be transacted therein. 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.

Section 6 All EKC members will receive their minutes by regular mail (The term “regular mail” as used in the by-laws refers to and includes United States Post Office mail (USPS) and e-mail). If an individual does not have e-mail access, the minutes will be mailed to them by United States Post Office mail.

Section 7 In order to receive communications via e-mail the member or board member must sign an authorization agreeing to this method of communication. Such authorization, which is revocable, will also release the club from any liability should the notification be received late or not received by the member or board member due to circumstances beyond the club’s control.

 

ARTICLE IV
DIRECTORS AND OFFICERS

 

Section 1 Board of Directors: General management of the Club’s affairs shall be entrusted to the Board Directors. The Board shall be comprised of:

  1. The Officers, all of whom shall be members in good standing, and all of whom shall be elected for one (1) year terms at the Club's Annual Meeting, as stated further in Article V, and shall serve until their successors are elected.
  2. Two Directors, who shall be elected for terms of two years, one of whom shall be elected each year.
  3. The Immediate Past President.
  4. All members of the Board have full voting rights.

Section 2 Officers: The Club's officers, consisting of 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.

  1. 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 particulate duties specified in these By-Laws.
  2. The Vice-President shall have all the duties and exercise the powers of the President in case of the President's absence, incapacity, or death.
  3. The Secretary shall keep a record of all meetings of the Club and of the Board, and all matters of which a record shall be ordered by the Club; 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 members of the Club with their addresses in conjunction with the Treasurer; and carry out such other duties as prescribed by these By-Laws.
  4. 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 by the Board, and a report shall be given at every meeting of the condition of the Club's working accounts. The Annual Audit and accounting shall be rendered of all monies received and expended during the previous fiscal year and be presented 90 days, at the close of the fiscal year.
    The Treasurer and a member, selected by the board, shall have the power to sign checks. Both shall be bonded in such an amount as the Board of Directors shall determine. The appointment shall be reviewed annually. Any expenditure over $2,500.00 must be approved by the Board of Directors.
    The Treasurer shall, in conjunction with the Secretary, keep a roll of members of the Club with their addresses; and carry out such other duties as prescribed by these By-Laws.
  5. An AKC Delegate will be appointed by the Board of Directors for a period of three years and will remain in that position until a successor is appointed and qualified. An appointed Delegate may serve continuing three year terms if the Board of Directors so decides. The Delegate shall be responsible for attending appropriate AKC meetings and representing the positions of the Board at those meetings. A report of activities at AKC meetings will be presented to the Board of Directors and the General Membership as soon as practical after conclusion of an AKC meeting. The Delegate may be a member of the Board but is not required to be on the Board. The Delegate must be a member in good standing of Elmira Kennel Club.

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 the members of the Board at its first regular meeting following the creation of such vacancy, or at a special Board meeting called for that purpose; except that a vacancy in the office of President shall be filled automatically by the Vice- President, and the resulting vacancy in the office of the Vice-President shall be filled by the Board.

 

ARTICLE V
THE CLUB YEAR, ANNUAL MEETINGS, ELECTIONS

 

Section 1 Club Year: The Club's fiscal year shall begin on the first day of February, and end on the last day of January.

Section 2 Annual Meeting: The Annual Meeting shall be held in the month of January, at which officers shall be elected by secret ballot from among those nominated in accordance with Section 4 of this Article. They shall take office the first day of February. 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: In the event there is only one nominee for each office, as determined by the Nominating Committee as noted in Section 4 of this Article, a motion will be made at the Annual Meeting to allow the Secretary to cast one vote for the entire list of nominees.

In the event more than one nomination is received for any office, a secret ballot will be held at the Annual Meeting. The nominated candidates receiving the greatest number of votes for the office shall be declared elected.

Proxy voting will not be permitted at any Club meeting or election.

Section 4 Nominations: No person may be a candidate in a Club election who has not been nominated. No person may be nominated for any elected office that is currently completing his or her second successive term in office. The Treasurer and Secretary are exempt from this requirement.

During the month of October 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 members and alternates in writing of their selection to the Nominating Committee. The Board shall name a Chairperson for the Committee, and it shall be that person's duty to call a Committee meeting, with a full complement of committee members present prior to the November membership meeting. This meeting shall be held completely separate from and not in conjunction with any other meeting.

  1. The Committee shall nominate one candidate for each office, including one Director to be elected to the Board. After securing the consent of each person so nominated, the Committee shall immediately report their nominations to the Secretary in writing. Refer to Article IV Directors and Officers
  2. The Nominating Committee shall announce their nominations to the general membership at the November and December membership meetings. The report of the nominating Committee will be included in the minutes of each meeting.
  3. Additional nominations may be made at the December meeting by any member in attendance, provided the person so nominated does not decline when their name is provided. Further, if the proposed candidate is not in attendance at the meeting, the proposer shall present to the Secretary a written statement from the proposed candidate signifying a willingness to be a candidate. No person may be a candidate for more than one position.
  4. Nominations cannot be made at the Annual Meeting or in any other manner than as provided in this section.

 

ARTICLE VI
COMMITTEES

 

Section 1 The Board may each year appoint standing committees to advance the work of the Club in such matters as dog shows, obedience trials, trophies, annual awards, membership, and other fields which may well be served by committees. Such committees shall always be subject to final authority of the Board. Special committees may also be appointed by the Board to aid in particular projects.

Section 2 Any committee member appointed may be terminated by a majority vote of 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.

Section 3 An Auditing Committee shall consist of a minimum of two (2) members who shall examine the records of the Treasurer for the prior fiscal year subsequent to the April meeting and report its findings at the May meeting.

 

ARTICLE VII
DISCIPLINE

 

Section 1 American Kennel Club Suspension: Any member who is suspended from any of the privileges of the American Kennel Club will automatically be suspended from the privileges of this Club for a like period. Club privileges will be reinstated when the Club Secretary has received written notification from the American Kennel Club or said member, that all suspensions have been served or rescinded..

Section 2 Charges: Any member may prefer charges against another member for alleged misconduct prejudicial to the best interests of the Club. Written charges with specifications must be filed in duplicate with the Secretary, together with a deposit of $25.00 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 Board member, or present them at a Board meeting.

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 prejudicial to the best interests of the Club, the Board 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 than six (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 may bring witnesses of 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 with uniformity in that regard. Should the charges be sustained after hearing all the evidence and testimony presented by the complainant and the defendant, the Board may, by a majority vote of those present, reprimand or suspend the defendant from all privileges of the Club for not more than six (6) months from the date of the hearing.

If the Board deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such a 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 findings 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 proceedings may occur at a regular or special meeting of the Club to be held within sixty (60) days, but not earlier than thirty (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, although no evidence shall be taken at this meeting. The President shall read the charges and the Board's 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 (2/3) vote of those present and voting at the meeting shall be necessary for expulsion. If the expulsion is not so voted, the Board's suspension shall stand.

 

ARTICLE VIII
AMENDMENTS

 

Section 1 Amendments: 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 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 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 Amendments: The Constitution and By-Laws may be amended by secret ballot of a two-thirds (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.

Section 3 No amendments to the constitution and bylaws that are adopted by the club shall become effective until it has been approved by the Board of Directors of The American Kennel Club.

 

ARTICLE IX
DISSOLUTION

 

Section 1 The Club may be dissolved at any time by written consent of not less than two-thirds (2/3) of the members in good standing. In the event of dissolution of the Club, other than for the 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 the debts of the Club, the property and assets shall be given to a charitable organization for the benefit of dogs, as selected by the Board of Directors.

 

ARTICLE X
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 via sign in sheet
    Minutes of the last meeting
    Report of the Board
    Report of the President
    Report of the Secretary
    Report of the Treasurer
    Reports of Committees
    Report of AKC Delegate
    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 a majority vote of those present, shall be as follows:

  • Minutes of the last meeting
    Report of the Secretary
    Report of the Treasurer
    Reports of Committees
    Report of AKC Delegate
    Review applications of prospective new members
    Unfinished Business
    New Business
    Adjournments

 

ARTICLE XI
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 the By-Laws and any other special rules of order which the Club may adopt.