CONSTITUTION AND BYLAWS OF
THE BERNESE MOUNTAIN DOG CLUB OF
(Approved 1972 by AKC and subsequently
amended, the most recent December 2007 with AKC
approval December 20, 2007)
CONSTITUTION
ARTICLE I
Section 1. The name of
the Club shall be: The Bernese Mountain
Dog Club of America.
Section 2. Objectives
of this Club shall be:
(a)
to encourage and promote quality in the breeding of
pure-bred Bernese Mountain Dogs (Berner Sennenhund) and to do all possible to
bring their natural qualities to perfection;
(b)
to encourage the organization of independent local Bernese
Mountain Dog Specialty Clubs where sufficient fanciers of the breed exist to
meet American Kennel Club requirements;
(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 Bernese Mountain Dogs shall be judged;
(d)
to do all in its power to protect
and advance the interests of the breed and encourage sportsmanlike conduct at
dog shows, obedience trials, tracking tests, working/performance events and
other club sponsored activities and club functions;
(e)
to conduct sanctioned matches,
specialty shows and obedience trials under the American Kennel Club rules, and
conduct Draft tests under the rules of the Bernese Mountain Dog Club of America;
(f)
to promote events and activities which reflect the breed’s
history and heritage;
(g)
to do all possible to improve the health of the breed;
(h)
to provide education appropriate to the needs of owners,
breeders, judges, potential owners and all others with an interest in the
breed;
(i)
to advocate honesty and integrity in all matters concerning
Bernese Mountain Dogs.
Section 3. This Club
shall not be conducted or operated for profit. No part of any profits or
residues from dues or donation to the Club shall inure to the benefit of any
member or individual.
Section 4. Bylaws shall be adopted and may from time to
time be revised by the members as required to carry out these objectives.
BERNESE MOUNTAIN DOG CLUB OF
Article I - MEMBERSHIP
Section 1. Eligibility. There shall be three types of membership open
to persons who are in good standing with the American Kennel Club and who
subscribe to the purposes of this Club.
Regular Membership ‑ Open to persons 18 years of age and older who enjoy all the privileges of this Club including the right to vote and hold office.
Lifetime Membership ‑ May
be conferred by the Board of Directors in conjunction with the Good Sportsman
or Service Award. Lifetime members pay
no dues but are eligible to vote and to hold office.
Junior Membership ‑ Open
to persons 10‑17 years of age. Junior members cannot vote or hold
office. A junior member may convert to
regular membership upon reaching his/her 18th birthday.
Section 2: Dues. A schedule of dues and non-refundable initiation fees shall be established by the Board of
Directors annually and may be changed as necessary. In no case will resident Regular Membership
annual dues exceed $60.00 without the approval of the Club membership as set
forth in Article VII, Section 2. Dues
for Regular Members who are nonresident and overseas members shall be at a
higher rate to cover additional expenses for membership service. Reduced annual dues, which shall not exceed
$20.00, shall apply to Regular Members age Sixty or Over and to each additional
Regular Member regardless of age in the same household after the first Regular
Member. Junior Members shall pay the
same annual dues at the rate established for an additional Regular Member;
however, Junior Members living in the same household with a Regular Member
shall pay 1/2 the established dues for a Junior Member. Lifetime Members shall pay no dues. Non-refundable initiation fees established
for Regular and Junior Membership may not exceed the annual dues established
for each of these types of membership. Membership
applications approved after December
1st shall be credited for the entire next fiscal year’s dues.
Dues
are payable on or before the 1st day of April each year. During the month of February, notification
shall be sent to each member of his/her dues for the ensuing fiscal year
through the Club's official publications, The
Alpenhorn and/or The Bulletin. Notification of unpaid dues as of April 1st
shall be sent by the Membership Committee by May 15th. No member may vote whose dues are not paid
for the current fiscal year.
Section 3. Election
to Membership. Each applicant for
membership shall apply on a form as approved by the Board of Directors and
which shall provide that the applicant agrees to abide by these constitution
and bylaws, the code of conduct, 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 unrelated members from separate households who are in good
standing. Only members in good standing
for two or more consecutive years of membership may endorse an applicant. Accompanying
the application, the prospective member shall submit dues payment for the
current year along with the non-refundable initiation fee. 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 2/3 of the
Directors present at a meeting of the Board, or of 2/3 of the entire Board
voting by mail, shall be required to elect an applicant. The Membership Committee shall notify new
members of their election to membership.
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 members may elect such applicant by secret ballot and a favorable vote of
75% of the members present. If
membership is denied at the Annual Meeting, said applicant may not be eligible
for re‑application for membership for one year and shall require the
endorsement of two new sponsors from separate households who are unrelated and
are members in good standing for two or more consecutive years of membership.
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, April 1st.
(b)
by lapsing. A membership will be considered as lapsed and
automatically terminated if such member’s dues remain unpaid 30 days (grace
period) after the first day of the fiscal year, April 1st. For up to 90 days after the 30-day grace
period, an individual can apply for reinstatement of membership status on a
form approved by the Board. The reinstatement
application, along with a reinstatement fee and the regular dues payment must
reach the BMDCA Membership Chair by August 1st in order for the individual to
continue membership. The reinstatement
procedure does not require sponsor signatures, letters, or Board approval. On reinstatement, membership is considered
continuous with previous years. For
members whose dues remain unpaid after April 1st, all membership privileges are
suspended until dues are paid. In no
case may a person be entitled to vote at any Club meeting whose dues are unpaid
as of the date of that meeting.
(c)
by
expulsion. A membership may be terminated by expulsion
as provided in Article VI of these bylaws.
Article II- MEETINGS
Section 1. Annual
Meeting. The Annual Meeting
of the Club shall be held in conjunction with the Club's 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 30 days prior to
the date of the meeting. The quorum for
the Annual Meeting shall be 10% 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 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
meeting shall be held at such place, date, and hours as may be designated by
the Board of Directors. Written notice
of such meeting shall be mailed by the Corresponding Secretary at least 14 days
and not more than 30 days prior to the meeting.
The notice of the meeting 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.
Section 3. Board
Meetings. Meetings shall be in
person, by video conference, or by teleconference. The first meeting of the
Board shall be held after January 1st.
Other meetings of the Board of Directors shall be held at such times and
places as are designated by a majority vote of the entire Board. Advance written notice by the Corresponding
Secretary shall be required for notification of such a meeting. Their business may be conducted by mail through
the Recording Secretary. The quorum for
a Board meeting shall be a majority of the Board.
The
Board of Directors may conduct its business by mail, fax, or e-mail through the
Recording Secretary. Business conducted
by e-mail must include the following precautions: (1) every Board member must
be provided with the means to participate; (2) a procedure must be in place
to verify the identity of all individuals participating to ensure that they are
the eligible Board members; (3) a mechanism must be in place to verify that the
eligible Board members are “listening”; (4) all Board members must agree to
participate in this manner. The quorum
for conducting business shall be a majority of the Board.
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 five other members, all of whom shall be members in
good standing with residency in the
General
management of the Club's affairs shall be entrusted to the Board of Directors. Any Board member may be removed from office
if absent without notice for three consecutive meetings. Such vacancy shall be filled in accordance
with Article III, Section 3.
The
Club shall have a Delegate to the American Kennel Club. Such Delegate shall be elected by the
majority vote of the Board of Directors at its first meeting after January 1st.
Section 2. Officers. The Club's officers, consisting of the
President, Vice President, Recording Secretary, Corresponding 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 pertinent to the office
of the 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 Recording Secretary shall notify officers and directors
of their election to office and shall keep a record of all meetings of the Club
and the Board, of all votes taken by mail, and of all matters of which a record
shall be ordered by the Club, and carry out other such duties as are prescribed
in these bylaws.
(d)
The Corresponding Secretary shall have charge of the
correspondence, notify members of meetings, notify the Board of meetings, keep
a roll of the members of the Club with their addresses, and carry out other
such duties as are prescribed in these bylaws.
(e)
The Treasurer shall collect and receive all monies due or
belonging to the Club. He/she shall
deposit the same in a bank approved by the Board, in the name of the Club. His/her books shall at all times be open to
the inspection of the Board and he/she shall report to them at every meeting
the condition of the Club's finances and every item of receipt or payment not
before reported; and at the Annual Meeting he/ she shall render an account 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.
(f)
The Delegate to the American Kennel Club shall travel to
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; 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 Vice President shall be filled by
the Board.
Article IV THE CLUB YEAR, VOTING, NOMINATIONS, ELECTIONS
Section 1. Club
Year. The Club's fiscal year shall begin on the 1st
day of April and end on the 31st day of March.
The Club's official year shall begin the first day of January and
continue through December 31st. The
elected Officers and Directors shall take office on January 1st and each
retiring officer shall turn over to his/her successor in office all properties
and records relating to that office within 30 days after the election.
Section 2. Voting. At the Annual Meeting or at a special meeting
of the Club, voting shall be limited to those members in good standing who are
present at the meeting, except for annual election of Officers and Directors
and amendments to the constitution and bylaws, and the standard of the breed,
which shall be decided by written ballot by mail.
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 cast by mail.
Section 3. Annual Election. The election of Officers and Directors shall
be conducted by secret ballot. Ballots
to be valid must be received by the Recording Secretary or independent
professional firm designated by the Board by December 2nd. Ballots shall be counted by three (3)
inspectors of election who are members in good standing and who are neither
members of the current Board nor candidates on the ballot provided, however,
that the Board may designate an independent professional firm to send, receive
and count the ballots before December 15th.
The person receiving the largest number of votes for each position shall
be declared elected. If any nominee, at
the time the ballots are counted, 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.
Section 4. Nominations
and Ballots. No person may be a
candidate in a Club election who has not been nominated in accordance with
these bylaws. A Nominating Committee
shall be chosen by the Board of Directors before August 15th. The Committee shall consist of three (3)
members and two (2) alternates, all members in good standing, no more than one
of whom may be a member of the current Board of Directors.
(a)
The Nominating Committee shall nominate from among the
eligible members of the Club, one candidate for each office and for each other
position on the Board of Directors and shall procure the acceptance of each
nominee so chosen. The Committee should
consider geographical representation of the membership on the Board to the
extent that it is practicable to do so.
The Committee shall then submit its slate of candidates to the Recording
Secretary who shall mail the list to each member of the Club on or before
September 15th, so that additional nominations may be made by the members if
they so desire.
(b)
Additional nominations of eligible members may be made by
written petition addressed to the Recording Secretary and received at his/her
regular address on or before October 15th, signed by five (5) members and
accompanied by the written acceptance of such additional nominee signifying
his/her willingness to be a candidate.
No person shall be a candidate for more than one position, and the
additional nominations provided for herein may be made only from among those
members who have not accepted a nomination of the nominating committee.
(c)
If no valid additional nominations are received by the
Recording Secretary on or before October 15th, the Nominating Committee's slate
shall be declared elected and no election meeting and no balloting will be
required.
(d)
If one or more valid additional nominations are received by
the Recording Secretary on or before October 15th, he/she or an independent
professional firm designated by Board, shall, on or before November 1st, mail
to each member in good standing a ballot listing all of the nominees for each
position in alphabetical order, with the names of the states in which they
reside, together with a resume of each nominee, a blank envelope and a return
envelope addressed to the Recording Secretary or designated 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/her ballot, shall seal it in the blank envelope, which
in turn shall be placed in the mailing envelope addressed to the Recording
Secretary or designated professional firm.
The inspectors of election or designated professional firm shall check
the returns against the list of members whose dues are paid for the current
year prior to opening the outer envelopes and removing the blank envelopes, and
shall certify the eligibility of the voters as well as the results of the
voting which shall be furnished to the President and Recording Secretary not
later than December 15th. The Recording
Secretary shall notify immediately each of the nominees of the numerical
results of the election, as well as the editors of the Club’s official
publications for notification of the membership.
(e)
Nominations cannot be made at the Annual Meeting or in any
manner other than as provided above.
Article V - COMMITTEES
Section 1. The Board may each year appoint standing
committees, subject to their final authorization to advance the work of the
Club in such matters as dog shows, obedience trials, trophies, annual prizes,
membership, rescue and other fields which may well be served by
committees. 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 of the Board upon written notice to
the appointee, and the Board 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 all the privileges of the American Kennel Club automatically
shall be suspended from the privileges of this Club for a like period.
Section
2. Charges.
An individual member may prefer charges
against another individual 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 Recording Secretary together with a deposit of
$100. which shall be forfeited if such charges are not sustained by the Board
or a Hearing 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 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 or the
breed. If the Board considers that the
charges do not allege conduct which would be prejudicial to the best interests
of the Club or of the breed, it may refuse to entertain jurisdiction. If the Board entertains jurisdiction of the
charges, it shall first attempt to resolve the grievance prior to a formal
hearing by appointing a mediator who will seek
to resolve the grievance to the mutual satisfaction of the parties
involved. If that fails within thirty
(30) days from the date that the Board entertained jurisdiction of the charges,
the Board shall fix a date of hearing by the Board or a Hearing Committee of not less than three (3) members of
the Board, not less than three (3) weeks or more than six (6) weeks
thereafter. The Recording Secretary
shall promptly send one copy of the charges to the accused member by certified
mail, return receipt, together with a notice of the hearing and an assurance
that the defendant may personally appear in his/her defense and bring witnesses
if he/she wishes. The hearing may be
conducted via teleconference call or video conference, provided that all parties
to the hearing consent in writing.
A
member who resigns while charges have been preferred against him/her or allows
his/her membership to lapse during the fiscal year in which the charges were
sustained may not apply for membership for a minimum period of two (2) years
from the time of resignation or lapse or the end of any suspension, after which
time, he/she must apply in accordance with Article 1, Section 3.
Section 3. Board
Hearing. The Board or Hearing Committee shall have complete authority to decide
whether counsel may attend the hearing, but both complainant and defendant
shall be treated uniformly in that regard.
Should the charges be sustained after hearing all the evidence and
testimony presented by complainant and defendant, the Board or Hearing Committee may by a majority vote of those present
reprimand (A written reprimand directed exclusively to the member may be
somewhat detailed but an official (published) reprimand should only indicate
that subsequent to a Board or Hearing Committee hearing “…member (x) was
officially reprimanded as a result of charges filed by member (y). “) or
suspend the defendant from all privileges of the Club, which may include, at
the discretion of the Board or Hearing Committee, entry and/or participation in
events held under the rules of the BMDCA, for not more than twelve (12) months
from the date of the hearing. And if it deems that punishment insufficient, it
may also recommend to the membership at the first Annual Meeting following the
start of the suspension, that the penalty be
expulsion. In such case,
the suspension shall not restrict the defendant's right to appear before
his/her fellow members at the ensuing Club meeting which considers the
recommendation of the Board or Hearing Committee. Immediately after the Board or Hearing 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 Hearing Committee
as provided in Section 3 in this Article.
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
findings and recommendations and shall invite the defendant, if present, to
speak in his/her own behalf. The meeting
shall then vote by secret ballot (written) 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, the suspension
shall stand.
Article VII - AMENDMENTS
Section 1. Amendments to the constitution and bylaws, the
standard for the breed, and the code of conduct may be proposed by the Board of
Directors or by written petition addressed to the Recording Secretary signed by
20% of the membership in good standing.
Amendments proposed by such petition shall be promptly considered by the
Board of Directors and must be submitted to the members with recommendations of
the Board by the Recording Secretary for a vote within three (3) months of the
date when the petition was received by the Recording Secretary.
Section 2. The constitution and bylaws, the standard for
the breed, and the code of conduct 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 the mailing, accompanied by a ballot on
which he/she may indicate his/her choice for or against the action to be
taken. Dual envelope procedures
described in Article IV, Section 4(d) shall be followed in handling such
ballots, to assure secrecy of the vote. The notice shall specify a date not
less than 30 days after the date postmarked, by which date the ballots must be
returned to the Recording Secretary to be counted. 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 bylaws
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 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, but
after payment of the debts of the Club its property and assets shall be given
to a charitable organization for the benefit of dogs selected by the Board of
Directors.
Article IX - ORDER OF BUSINESS
Section 1. At the meetings of the Club, the order of
business so far as the character and nature of the meeting may permit, shall be
as follows:
1
) Roll Call
2
) Minutes of last meeting
3
) Report of President
4
) Report of Secretary a. Recording
b. Corresponding
5
) Report of Treasurer
6
) Reports of Committees
7
) Election of new members
8
) Unfinished business
9
) New business
10 ) 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:
1
) Reading of minutes of last meeting
2
) Report of Secretary a. Recording
b. Corresponding
3
) Report of Treasurer
4
) Report of Committees
5
) Unfinished business
6
) Election of new members
7
) New business
8
) 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 order the
club may adopt.
Approved 1972 by AKC and subsequently
amended, the most recent December 2007 with AKC
approval December20, 2007.