Planning Packet for the Formation of a Regional Bernese Mountain Dog Club

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TABLE OF CONTENTS

Guidelines for the Formation of Regional Club
Recommendations for Preparing a Constitution and Bylaws
Suggestions for a Successful Regional Club
Requirements for Recognition of Bernese Mountain Dog Regional Specialty Clubs by the BMDCA
Benefits of Recognition by the BMDCA
Regional Clubs and AKC
Rationale for Incorporation
Regional Specialty Club Checklist of Application Requirements for Recognition by the BMDCA

For Further Reference:

Constitution and Bylaws of the Bernese Mountain Dog Club of America
"Sample Constitution and Bylaws for Local Specialty, Field Trial and Hunting Clubs" by AKC

GUIDELINES FOR THE FORMATION OF A REGIONAL CLUB

1. Hold an organizational meeting to which as many as possible interested fanciers of the breed have been invited. The purpose of this meeting is to determine an immediate plan of action, to establish goals for the club, and to provide for an interim leadership to serve until that time when formal procedures for operating the club can be put into operation.
2. Include the following goals for accomplishment in the early states of development:
- a. Select interim officers. This can be as simple as having one person chair meetings and another take minutes.
- b. Decide on a schedule of meetings with a central location convenient to the majority of the members.
- c. Keep records of the club's development.
- d. Plan a program of activities that will be educational and of service to fanciers and the community.
- e. Choose a name that identifies the geographic center of the regional club and that can be readily recognizable to someone in another part of the country.
- f. Prepare and adopt a constitution and bylaws for the club's operation. Consult AKC's "Sample Constitution and Bylaws for Local Specialty, Field Trial and Hunting Clubs" provided with this packet as well as the BMDCA's "Recommendations for Preparing a Constitution and Bylaws" on the following page. The preeminent source is AKC's model.
- g. Establish a newsletter for communication.
3. Consult and utilize the materials prepared by the BMDCA and secure from AKC its latest edition of "How to Form an AKC-Accredited Dog Club." The BMDCA has utilized many aspects of AKC's expectations in its own requirements for recognition.
4. Notify the BMDCA of the club's formation, giving some background in terms of area and scope. It is important to provide AKC, Club Relations, with this same information with a request that the club's formation be kept on file by AKC. This will be useful when applying for AKC accreditation.
5. Contact the Bylaw Chairperson of the BMDCA concerning any questions regarding the formation of a regional club, bylaws or recognition by the BMDCA.
6. Recognition by the BMDCA is subject to the review and final decision by the BMDCA's Board of Directions.

RECOMMENDATIONS FOR PREPARING A CONSTITUTION AND BYLAWS

A regional club must be governed by a constitution and bylaws that provide for the democratic functioning of the club in all of its activities. The American Kennel Club's " Sample Constitution and Bylaws for Local Specialty, Field Trial and Hunting Clubs" is to be used as the model. A copy is provided with this packet.

In regards to whether a club should have a code of ethics is often the subject of much discussion. The BMDCA's own Code of Ethics may serve as a model. However, AKC's views as stated in "How to Form an AKC-Accredited Dog Club," p. 6 should be carefully considered and is quoted as follows:

"Code of Ethics. The AKC does not require a specific code of ethics, but does expect all clubs and members to behave ethically at all times. If your club adopts a code of ethics, it should be used as an educational tool, and should not be tied to the disciplinary section of the bylaws. It is our experience that when bylaws and codes of ethics are linked, clubs become needlessly involved in disputes that have nothing whatsoever to do with the welfare of the club or of the sport."

Caution! While it is often beneficial to refer to already existent constitutions and bylaws from currently functioning kennels clubs, including that of the BMDCA, it should be remembered that many of these were adopted before AKC had prepared a model for clubs. For that reason, it is best to follow the AKC model. Additionally, there are some specific differences between the constitution and bylaws for a regional club and those of a specialty club with nationwide membership.

For example the quorum requirement for regional club meetings is 20 percent of the members in good standing while it is 10 percent for a national club.

AKC does recognize that some clubs may wish to modify or elaborate upon the suggested model. With that in mind the BMDCA, suggests consideration of the following points in boldface type.

Bylaws,

Article 1. Membership,

Section 3. Election to membership. (To include)....The application shall state the name, address, and occupation of the applicant; and it shall carry the endorsement of two unrelated members in good standing....Applicants for membership who have been rejected by the club may not reapply within six months after such rejection and shall require the endorsement of two new sponsors who are unrelated and are members in good standing.

Important! If possible, please submit your club's Constitution and Bylaws for review and suggestions by the Bylaw Chair before submitting them for adoption by the membership. In the event that revisions need to be made, this eliminates the tedious task of the membership voting separately on each revision.

SUGGESTIONS FOR A SUCCESSFUL REGIONAL CLUB

1. Maintain records. From the first meeting, keep minutes. List motions at the end or the beginning of minutes, so they be easily referenced. Prepare and abide by a constitution and bylaws. Publish a club newsletter on a regular basis. Let everyone in the club know about activities with as much notice as possible.
2. Hold club meetings in locations where dogs may attend. Schedule meetings on a regular basis at a specified time. Allow time for socializing before and after the meeting. Rotate providing hospitality with two or three different people furnishing refreshments. Although tailgate gatherings held following Bernese judging at all-breed events promote fellowship, club meetings should be separate events.
3. Plan club activities in which the majority of the members are interested. If there is a large pet owner population in the club, Berner Walks and Berner Fun Days should be planned in addition to conformation and obedience matches. Rather than over-zealously planning a large number of activities, work within limitations that will result in successful events with the workload/involvement being fairly distributed.
4. Offer educational programs, such as health, draft work, obedience or conformation tips, grooming, stewarding, and breed standard. Acquaint members with the variety of non-conformation events that are open to Berners as well as the various awards that can be achieved by Berners through membership in the BMDCA. Since new Bernese owners can benefit most from belonging to a regional club, programs to meet their needs should be included periodically.
5. Explain things so that newcomers are not mystified by the jargon of dog people. Everyone was once new to dogs.
6. Involve the membership in planning and running activities. Include new people in club committees and offices to eliminate the formation of cliques. Form standing committees in such areas as Programs, Rescue (required by the BMDCA), Puppy Referral, Bylaws, Health, and Historian.
7. Require that anyone asked to volunteer or to perform some work for the club be present to accept or decline rather than being name in absentia.
8. Nominate non-controversial people as club officers. Try to have elections for officers where it is not necessary to have two people running for the same office.
9. Enjoy the fellowship of working together in behalf of Berners.
10. Submit, to the The Alpenhorn, in accordance with publication deadlines, notice of club meetings and events for inclusion in the "The Berner Bulletin Board." These will also appear on the BMDCA website.

REQUIREMENTS FOR RECOGNITION OF BERNESE MOUNTAIN DOG

REGIONAL SPECIALTY CLUBS

One of the objectives stated in the Constitution of the Bernese Mountain Dog Club of America is "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." While AKC does not recognize statewide specialty clubs or those lacking a nucleus for representation, the BMDCA has been encouraged to establish its own criteria for recognition of clubs whose membership may initially be more regional than local in nature, provided there are sufficient members in reasonable proximity to be able to hold meetings. Wherever possible the BMDCA utilizes the same criteria as established by the AKC for the formation of dog clubs. Whether a club wishes to pursue recognition by AKC as a local specialty is subject entirely to the wishes of its membership. However, recognition by the BMDCA alone does not guarantee rights to an area. Clubs which have functioned for a long period of time that have not sought accreditation b AKC do not appear to demonstrate existence pursuant to one of the objects given in the AKC sample constitution for a local specialty club, "to conduct sanctioned and licensed specialty shows and obedience trials under the rules of The American Kennel Club." The BMDCA, as a parent club and member of The American Kennel Club, acknowledges that in all instances AKC accreditation/licensing takes precedence over BMDCA recognition of a regional club.

The BMDCA encourages the fraternalism which comes through a regional club and urges members of regional clubs to work harmoniously within their club's framework to promote the best interests of Bernese Mountain Dogs at the local level. The quality of a club's fulfilling these requirements is of the utmost importance.

The BMDCA will not encourage "new" clubs that have been formed to serve the sport in the area of an established club. Dissatisfaction with an existing club should not be the reason to form a similar club. However, regional clubs serving a state or large geographic region may anticipate that when numbers of members increase, there may be a need for an additional club(s) to serve local members in a given area.

Application Requirements

1. Have an Acceptable Name. A club's name should identify its geographic center of activity, that is, the area from which the club's membership is drawn. It should be readily recognizable to someone in another part of the country. Before a club incorporates, it should receive written approval of the name from the Club Relations Department of the AKC.
2. Submit an Acceptable Constitution and Bylaws. The club must be governed by a constitution and bylaws that provide for the democratic functioning of the club in all of its activities. The constitution and bylaws are to be modeled after the AKC's model for a local specialty club. These should be submitted to the Bylaw Chair of the BMDCA for suggestions prior to being submitted to the membership of the new club for a vote. This way, the new club has an opportunity to make changes BEFORE the constitution and bylaws are adopted. When the new club has made the suggested changes, the proposed constitution and Bylaws should be voted on by its membership. Once accepted, a copy should placed on file with the Bylaw Chair of the BMDCA.
3. Function as a Club Over a Period of Time. New groups must be in existence for an extended period of time, during which regular meetings, elections, and activities must have take place for a period of three years after which time they are eligible for BMDCA recognition. Exemption from three years of functioning as a club will be granted if accreditation by AKC has been given and the club has held a successful "B" match. Documentation is to be provided. All other application requirements are to be fulfilled as outlined.
4. Have Held Fun Matches. A record of these, including a brief summary of the events, as well as problems and difficulties encountered, should be kept. The records should include the number of entries.
5. Have a Rescue Program. The BMDCA requires that there is a plan of action which can be put into operation as needed.
6. Submit a Membership List. Clubs should keep accurate and up-to-date membership lists. When submitting the list to the BMDCA, it should include names and complete addresses of members in alphabetical order, as well as the letter designation "B" (Breeder - someone who has registered a litter within the past three years); "E" (Exhibitor - someone who has entered an AKC licensed event within the past two years); "DO" ) (interested Dog Owner - someone who, although not actively breeding or exhibiting, is a dog owner and active in the club); or "J" (AKC-licensed judge). [Since AKC will require for accreditation the year in which each person joined the club be included this information should be maintained for future reference.] The BMDCA will consider members of the same household as one membership unit, and as such should be listed jointly rather than separately. In those situations where a new club has formed near and already existing club, the BMDCA will take into careful consideration membership duplications between the two clubs. While such may occur, it will use AKC's "Sample Constitution and Bylaws for Local Specialty, Field Trial and Hunting Clubs" as its criteria. Article I. Membership, Section 1. Eligibility states, "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."
The BMDCA has a high regard for the longevity of regional clubs and is emphatic in its support of existing BMDCA recognized clubs. "New" clubs that form near an existing, recognized club should be keenly aware that the BMDCA will expect a high percentage of their membership to dwell within a relatively small geographic area.
7. Submit the Name of the Club's Newsletter. The name should be unique to that regional club to avoid duplication of names. Contact the Regional Club Council Chairperson for a list of regional clubs and the names of their newsletters.
8. Provide a Record of the Club's Development. This record should briefly outline the club's history (including the events leading to formation), activities, meetings, rescue program, community events, and social events. In those instances where a club is forming near an existing club, the BMDCA will closely examine the events leading to formation and carefully consider the manner in which the "new" club was formed.

BENEFITS OF RECOGNITION BY THE BMDCA

1. Affiliation with the parent club shows cooperation at the local and national level in promoting the best interests of Bernese Mountain Dogs. A regional club is looked upon by the parent club as a valuable source of ideas at the grass roots level in keeping abreast of meeting the needs of Bernese Mountain Dogs.

2. Once recognized, the club is entitled to a representative on the Regional Club Council.

3. Supported entry at an all-breed show may be accomplished through requesting the BMDCA to support the entry of Bernese Mountain Dogs at a show selected by the regional club.

4. Recognized regional clubs are eligible to submit bids to host the BMDCA National Specialty. It has been through regional clubs that BMDCA national specialties have been held. This is an invaluable service to the breed. The BMDCA looks forward to the future when those clubs that wish to seek and achieve AKC-Accreditation and subsequent Licensing will host their own regional specialty shows.

5. The club is offered the continued support of the BMDCA and is encouraged to seek its assistance with regard to bylaws and other areas where the BMDCA may be of help.

References:

AKC. "How to Form an AKC-Accredited Dog Club"

AKC. "Sample Constitution and Bylaws for Local Specialty, Field Trial and Hunting Clubs"

BMDCA. "Constitution and Bylaws of the Bernese Mountain Dog Club of America"

REGIONAL CLUBS and the AKC

Important! A newly formed club should notify AKC, Club Relations, in a letter of its formation, the area served, and its major objectives. It is strongly urged that a regional club, in its early stages of formation, review AKC's "How to form an AKC-Accredited Dog Club." In brief, AKC's process is as follows: 1. After holding meetings and activities for one year, a club will be eligible to apply for accreditation by AKC. 2. If granted accreditation by AKC and approved for the holding of match shows, and/or trials and tests, the club after having held one successful "B" match would be eligible to officially support the entry at an all-breed show.

3. The granting of a license and the authority to hold championship events requires for a specialty club B (OB) matches over a period of at least 18 months between the first and last event. Following the completion of the club's program of B (OB) matches, the club may submit to AKC a request for advance for the hold of Plan A (OA) matches preparatory to licensing.

"How to Form an AKC-Accredited Dog Club" may be ordered from The American Kennel Club, 5580 Centerview Drive, Raleigh, NC 27606-3390, phone 919-233-9767. Single copies are free. Additional copies are $1.00 per copy.

To discuss with AKC formation of a dog club or AKC-Accreditation, contact Club Relations at 212-696-8207 or write Club Relations, The American Kennel Club, 260 Madison Avenue, New York, NY 10016.

Dissolution

If for some reason a club dissolves, it is to notify AKC and the BMDCA in writing. Dissolution should be in accordance with the constitution and bylaws of the regional club so doing.

RATIONALE FOR INCORPORATION

One of the early priorities of a regional club should be to become incorporated. There are two reasons for incorporation. One is for income tax purposes and the other is liability. The very nature of the activities of dog organizations places them in a position to be sued or conversely to sue as a society. The national club urges incorporation for the protection of the officers and members of the regional club in the event of a lawsuit. Robert's Rules of Order, Newly Revised states, "A principal advantage in incorporating a society is that officers and members are protected from personal liability under obligations that may be incurred by the organization." In the event of a lawsuit, the assets of the club are at risk, not the personal assets of the officers and members.

For example, If someone at an unincorporated club's fun match slips and falls, every member can be held personally liable. Insurance coverage for an event is indeed protection and should be utilized by all clubs, whether incorporated or not. However, a lawsuit can be placed by the injured party to recover damages beyond those covered by insurance. Action taken as the result of enforcing a code of ethics is another source for potential problems. The legal ramifications are overwhelming.

A club's best protection is incorporation. It does require having a constitution and bylaws. If the AKC model has been followed, there should be few, if any changes needed. The wording of Article 1, Section 3 of the Constitution, and Article VIII of the Bylaws is designed to meet income tax restrictions. The procedures for disciplining in Article VI are also for legal protection. A copy of the club's constitution and bylaws should be taken to a lawyer who will explain the legal requirements of that state for incorporation. Some changes or additions to a club's constitution and bylaws might be required by state laws.

Regional Specialty Club Checklist of Application Requirements for Recognition by the BMDCA

This checklist is designed to be used in conjunction with the BMDCA's "Requirements for Recognition of Bernese Mountain Dog Regional Specialty Clubs." It is to serve as a guide to the regional club for determining if the BMDCA's expectations have been met. It should be clearly understood that simple fulfillment of these requirements does not guarantee recognition.

___ 1. Have an acceptable name which identifies the geographic center of activity and is recognizable to someone in another part of the country.

___ 2. Submit an acceptable Constitution and Bylaws which have been approved by the BMDCA's Bylaw Chairperson.

____3. Function as a club over a period of time during which regular meetings, elections, and activities have taken place to demonstrate viability over a period of three years of continuous function. The three year requirement will be waived if the club is accredited by AKC and has held a successful "B" match. Documentation is to be provided.

____4. Have held fun matches as a means for club members to learn the details and mechanics of dog shows while providing an opportunity for inexperienced dogs to gain ring experience. Maintain a record of these which includes a summary of events, as well as any problems encountered.

___ 5. Have a rescue program with a plan of action.

___ 6. Submit a membership list with names and addresses listed alphabetically with the letter designation B (Breeder), E (Exhibitor),DO (interested Dog Owner), or J (AKC licensed judge) for each member. Members of the same household are considered as one unit and are to be listed jointly.

___ 7. Submit a name for the club's newsletter which is unique to the regional club represented so as to avoid duplication with another Bernese Mountain Dog club. Include sample copies of the club's newsletter.

___ 8. Provide a record of the club's development in chronological, dated sequence which briefly outlines the club's history (including the events leading to formation), activities, matches, meetings, rescue program, community and social events. Where applicable, include location.

___ 9. Apply for recognition by the BMDCA Board of Directors in a letter to the BMDCA Bylaw Chairperson accompanying the above documentation. Furnish officers and board members with copies of the documentation.

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Last modified: February 7, 2007.