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CONSTITUTION OF THE AMERICAN LHASA APSO CLUB ARTICLE I Name and Objects SECTION 1. The
name of the Club shall be AMERICAN LHASA APSO CLUB.
SECTION 2. The objects of the Club
shall be: (a) to encourage and promote the
breeding of pure-bred Lhasa Apsos and to do all possible to bring
their natural qualities to perfection; (b) to encourage the organization of
independent local Lhasa Apso Specialty Clubs in those localities
where there are sufficient fanciers of the breed to meet the
requirements of The American Kennel Club; (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 Lhasa Apsos shall
be judged; (d) to do all in its power to protect
and advance the interests of the breed and to encourage
sportsmanlike competition at dog shows, agility, rally and obedience
trials; (e) to conduct sanctioned matches,
specialty shows, agility, rally and obedience trials under the rules
of the American Kennel Club. SECTION 3. The Club shall not be
conducted or operated for profit and no part of any profits or
remainder or residue from dues 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 maybe
required to carry out these objectives. BY-
ARTICLE I
Membership SECTION 1. Eligibility. There shall be
three types of membership open to persons eighteen (18) years of age
and older who are in good standing with the American Kennel Club who
subscribe to the purposes of this Club. (a) Single membership. Enjoys all the
privileges of the club including the right to vote and hold office. (b) Household membership. Open to two
persons residing in the same household. Each person enjoys all the
privileges of the club including the right to vote and hold office.
Each shall be entitled to one vote for a maximum of two votes per
household membership. (c) Foreign memberships. For members
residing outside of the United States. Foreign members to
enjoy all the privileges of the club except, to hold office and to
vote on Bylaw amendments and changes to The American Lhasa Apso
Breed Standard. SECTION 2. Dues. Membership dues shall be determined by
the Board of Directors ("Board") and shall be due September 1st of
each year. Dues shall be considered in arrears if not paid by
September 15. No member whose dues are not paid for the current year
may vote. On or before August 1st, the
(a)
Treasurer shall send to each member a
statement of his dues for the ensuing year.
(b)
Any person joining the Club in 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 By-Laws, The American Lhasa Apso
Club Code of Ethics and the rules of The American Kennel Club. The
application shall state the name, address and occupation of the
applicant as well as any other information which may be required by
the Board and it shall carry the endorsement of two (2) members in
good standing. Accompanying the application, the prospective member
shall submit dues payment for the current year. Applicants may be elected at any
meeting of the Board of Directors or by a vote of the Directors by
mail. An affirmative vote of the Board shall be required to elect an
applicant. 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. SECTION 4. Termination of Membership.
Membership may be terminated: (a) By resignation. Any member in good
standing may resign from the Club upon written notice to the
Secretary. No member may resign when in debt to the Club. Dues
obligations are considered a debt to the Club and they become
incurred on September 15. (b) By lapsing. A membership will be
considered as lapsed and automatically terminated if the member's
dues remain unpaid ninety (90) days after the first day of September
of each fiscal year. However, upon written request, the Board may
grant an additional ninety (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. (c) By expulsion. A membership may be
terminated by expulsion as provided in Article VI of these By-Laws.
ARTICLE II Meetings SECTION 1: Annual Meeting. The Annual
Meeting of the Club shall be held in the months of September or
October, in conjunction with the Club's National Specialty Show, if
possible, at a place, date and hour designated by the Board. Written
notice of the Annual Meeting shall be mailed by the Secretary, via
first class mail, to each member at least thirty (30) days prior to
the date of the meeting. The quorum for the Annual Meeting shall be
ten (10) percent of the members in good standing. SECTION2. Special Club Meetings.
Special Club meetings may be called by the President, 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 Secretary upon
receipt of a petition signed by ten (10) percent of me members of
the Club who are in good standing. Such meeting shall be held at
such place, date and hour as may be designated by the Board of
Directors. Written notice of such meeting shall be mailed by the
Secretary, via first class mail, at least fourteen (14) days and not
more than thirty (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
ten (10) percent of the members in good standing. SECTION 3. Board Meetings. The first
meeting of the Board shall be held immediately following the Annual
Meeting or election. 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. Written notice of such other meeting shall
be mailed, via first class mail, by the Secretary or President to
each member of the Board at least fourteen (14) days prior to the
date of the meeting. The quorum for a Board meeting shall be a
majority of the Board voting in person, by mail, FAX or, in an
emergency, by telephone conference call. SECTION 4. The Board of Directors may
conduct its business by mail, FAX or, by telephone conference call
through the Secretary. Items voted upon by fax or telephone
conference call must be confirmed in writing within seven (7) days. SECTION 5. Electronic
Communication. The Board of Directors may conduct Business (voting)
if and when the
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, Delegate to the
American Kennel Club, Immediate Past President and nine (9) other
persons, all of whom shall be members in good standing who are
residents of the SECTION 2. Officers The Club's
officers, consisting of the President, Vice-President, Corresponding
Secretary, Recording Secretary, Treasurer and Delegate to the
American Kennel Club shall serve in their respective capacities both
with regard to the Club and its meetings and the Board and its
meetings. (a) The President shall preside at all
meetings of the Club and of the Board, and shall have the duties and
powers normally appurtenant to the office of President in addition
to those particularly specified in these Bylaws. (b) The Vice President shall have the
duties and exercise the powers of the President in case of the
President's death, absence, or incapacity. (c) The Recording Secretary shall keep
a record of all meetings of the Club and of the Board and of all
votes, and of all matters of which the Club shall be ordered a
record. The Recording Secretary shall notify Officers and Directors
of their election to office, and carry out such other duties as are
prescribed in these By-Laws. (d) The Corresponding Secretary shall
have charge of the general correspondence, notify members of
meetings, notify new members of their election to membership, keep a
roll of the members of the Club with their addresses, and carry out
such other duties as are prescribed in these By-Laws. (e) The Treasurer shall collect and
receive all moneys due or belonging to the Club. Moneys shall be
deposited in a bank approved by the Board, in the name of the Club.
The books shall at all times be open to inspection of the Board and
a report shall be given at every meeting of the condition of the
Club's finances and every item of receipt or payment not before
reported; and at the annual meeting an accounting shall be rendered
of all moneys 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 SECTION 3. Vacancies. Any vacancies
occurring on the Board or among the officers 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 January 1 and end on December 31. The Club's official year, for the
purpose of conducting business, shall begin on November 1 and end on
October 31. The elected officers and directors shall take office on
November 1 and each retiring officer shall turn over to the
successor in office all properties and records relating to that
office within 30 days. 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 the election of Officers, Delegate to The American Kennel
Club and Directors and amendments to the Constitution and By-laws,
and the Standard for the breed, which shall be decided by written
ballot cast by mail. Voting by proxy shall not be permitted. The
Board may decide to submit other specific questions for decision of
the members by written ballot cast by mail. Any membership vote, by
mail, shall be conducted in substantially the same format as the
annual election of officers and shall be sent by first class mail
(air mail for foreign members) not less than 30 days prior to the
closing date of such vote. SECTION 3. Annual Election. The
election of Officers, Directors, and Delegate to the American Kennel
Club shall be conducted by secret mail ballot. The Board shall
designate a Supervisor of Election for each Election. This
Supervisor of Election may be an accounting firm or another
reputable firm or organization. The Board will designate a closing
date for voting and the Supervisor of Election will notify the
membership of the date at least thirty (30) days before the closing
date. The mail ballots shall be returned to the Supervisor of
Election. Ballots to be valid must be received by the Supervisor of
Election by October 1st. sealed results shall be delivered in
writing to the Club Secretary. The Officers, elected to office, shall
each serve for a term of one (1) year. The Directors and Delegate to
the American Kennel Club, elected to office, shall each serve for a
term of three (3) years. If any electee, at the time of the Annual
Meeting, is unable to serve for any reason, such electee shall not
be elected and that position shall be filled by the person receiving
the next highest number of votes as balloted. Elections will be held annually for the
Officers and the three Board of Directors positions which are
expiring, and every third year for the Delegate to the American
Kennel Club. 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 before April 1st of each year. The
Committee shall consist of three (3) members from different areas of
the (a) The Nominating Committee shall
nominate from among the eligible members of the Club, three
candidates for the positions on the Board of Directors and
candidates for each of the officers and every three (3) years one
candidate for the Delegate to The American Kennel Club and shall
procure the written acceptance of each nominee so chosen. The
Committee should consider geographical representation of the
membership of the Board to the extent it is practicable to do so. The Committee shall then submit its
slate of candidates, by June 1st, to the Secretary, who shall mail
the list, including the full name of each candidate and the name of
the State of residence, via first class mail, to each member of the
Club on or before June 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 Secretary
and postmarked on or before August 1st, endorsed by two (2) members
and accompanied by the written acceptance of each additional nominee
signifying willingness to be a candidate. Except for the position of
Delegate, no person shall be a candidate- for more than one
position, and the additional nominations which are 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 secretary indicating a postmark date on or
before August 1st, the Nominating Committee's slate shall be
declared elected. (d) If one or more valid additional
nominations are postmarked on or before August 1st, the Supervisor
of Election shall, on or before August 15th, mail to each member in
good standing, via first class mail, a ballot listing all of the
nominees for each position in alphabetical order with state of
residence, together with a blank envelope and a return envelope
addressed to the Supervisor of Election and bearing the name of the
member to whom it was sent. So that the ballots remain secret, each
voter, after marking his ballot, shall seal it in the blank envelope
which in turn shall be placed in the return envelope addressed to
the Supervisor of Election . In order for the ballots to be valid
they must be postmarked on or before October 1st. The Supervisor of
Election 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 ballot envelope, and shall certify the
eligibility of the voters as well as the results of the voting. Nominations cannot be made at the
Annual Meeting or in any manner other than as provided in this
section.
ARTICLE V
Committees SECTION 1. The Board may each year
appoint standing committees to advance the work of the Club in such
matters as dog shows, obedience trials, trophies, annual prizes,
membership and other fields which may well be served by committees.
Such committees shall always be subject to the final authority of
the Board. Special committees may also be appointed by the Board to
aid it on particular projects. SECTION 2. Any committee appointment
may be terminated by a majority vote of the full membership 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 any privileges of The
American Kennel Club automatically shall be suspended from all
privileges of this Club for a like period. If dues are due during
this period of suspension they must be paid or membership will
lapse. SECTION 2. Charges. 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, by certified mail, with
the Secretary, together with a deposit of $25, which shall be
forfeited if such charges are not sustained by the Board or a
committee following a hearing. The Secretary shall send a copy of
the charges to each member of the Board within 14 days or present
them at a Board meeting, whichever is sooner. 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 fix a
date of a hearing by the Board or a Committee of not less than three
(3) members of 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 certified mail,
together with a notice of the hearing and an assurance that the
defendant may personally appear in his own defense and bring
witnesses if he wishes. SECTION 3. Board Hearing. The Board or
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 Committee may by a majority
vote of those present suspend the defendant from all privileges of
the Club for not more than six (6) months from the date of the
hearing, or until the next Annual Meeting if that will occur after
six (6) months. And, if it deems the punishment insufficient, it may
also recommend to the membership that the penalty be expulsion. In
such case, the suspension shall not restrict the defendant's right
to appear before his/her fellow members at the ensuing Club meeting
which considers the recommendation of the Board or Commit tee.
Immediately after the Board or Committee 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
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 recommendation of the
Board or Committee as provided in Section 3 of 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
written ballot on the proposed expulsion. A two-thirds (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 Amendments SECTION 1. Amendments to the
Constitution and By-Laws, Code of Ethics, and to the Standard for
the breed may be proposed by the Board or by written petition
addressed to the Secretary signed by twenty (20) percent of the
membership in good standing. Amendments proposed by such petition
shall be promptly considered by the Board and must be submitted to
the members with recommendations of the Board by the Secretary for a
vote within three (3) months of the date when the petition was
received by the Secretary. SECTION2. The Constitution and By-Laws,
Code of Ethics, and the Standard for the breed, may be amended at
any time provided a copy of the proposed amendment has been mailed
by the Secretary, via first class mail, to each member, accompanied
by a ballot on which he may indicate his choice for or against the
action to be taken. The notice shall specify a date not less than
forty-five (45) days after the date of mailing by which date the
ballots must be resumed to the Secretary to be counted. The
favorable vote of two-thirds (2/3) of the members in good standing
whose ballots are returned within the time limit shall be required
to effect any such amendment. SECTION 3. 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 SECTION l. 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 the 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. ARTICLE IX
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 Minutes of the last Meeting Report of the President Report of the Recording Se3cretary Report of the Corresponding Secretary Report of the Treasurer Report of Committees 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 vote of those
present, shall be as follows: Roll Call Minutes of the last Meeting Report of the President Report of the Recording Secretary Report of the Corresponding Secretary Report of the Treasurer Report of Committees Election Of New Members Unfinished Business New Business Adjournment ARTICLE X Parliamentary Authority The rules contained in the current
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