CONSTITUTION
Article 1.
Section 1 – Name:
The name of the club shall be BULL TERRIER CLUB OF AMERICA, INC.
Section 2 –
Objects of the Club
A.
To promote the breeding and exhibiting of healthy,
intelligent, pure-bred Bull Terriers that will
conform to the physical characteristics set forth in the official standard
of the Bull Terrier Club of America and approved by the American Kennel
Club.
B.
To encourage members and breeders to respect the
standard of the breed as approved by
the American Kennel Club as the only standard by which the Bull Terrier
shall be judged.
C.
To encourage the formation of local clubs devoted
to the Bull Terrier and to cooperate with
them for the benefit of the breed.
D.
To promote friendship and cooperation among
breeders and exhibitors of Bull Terriers and
to encourage and assist them in every way for the benefit of the breed.
E.
To promote the general welfare of the breed and to
actively oppose cruel and inhumane
treatment of all Bull Terriers.
F.
To encourage members to uphold and abide by the
Code of Ethics and the Standard of
Conduct as adopted by the 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 members or
individual.
Section 4
The members of the club shall adopt and may from time to time revise
such Bylaws as may
be required to carry out these objects.
BYLAWS
Article 1
Membership
Section 1 – Eligibility
A.
Membership shall be open to all persons eighteen years of age or
older who are in good standing with the American Kennel club and who
subscribe to the purposes of this club.
There shall be three classes of membership; regular, associate, and life.
B. Life membership may be
bestowed upon specific individuals who have demonstrated an active
involvement and commitment to the breed for a minimum of ten years.
Qualification criteria for this status must be for meritorious service in
one or more of the following areas: as a breeder or a breed judge or a club
administrator or for activity reflecting public credit on the breed through
literature, the arts or journalism.
Application for Life Member must be made in the form of a petition to the
Board signed by five members in good standing and accompanied by the written
acceptance of the proposed individual signifying his or her willingness to
be a candidate for Life Member status.
An application which has received an affirmative vote by the Board shall be
presented to the membership at the annual meeting where a favorable vote of
seventy-five percent of the members present shall confer Life Member status
upon the applicant. Life
Members shall be granted permanent exemption from club dues obligation.
All rights, privileges and responsibilities appertaining to club membership
shall accrue to the Life Member with the exception of the right to hold the
office of the President. The
provisions of this section shall in no way restrict actions of the club
conferring from time to time honors of a non-membership nature upon
individuals.
Section 2 – Dues
Dues for the following year shall be set by the Board of Directors and
ratified by the membership at the annual meeting by a majority of the
members present and voting.
Dues shall not exceed $75.00.
Dues are payable on or before the first day of January of each year.
The dues set for associate members shall be less that that set for
regular members. If a regular
member renews his or her annual dues paying the amount set for associate
members, that membership shall become an associate membership. To revert to regular membership status will require a new
application. Members missing
the payment date may reinstate their membership up to thirty days after the
deadline by paying their dues.
Thereafter, members must reapply as subject to Section 3 – Election to
Membership. Each regular member
shall have one vote regardless of whether dues were paid as a single or
couple. No regular member may
vote whose dues are not paid for the current year.
During the first week of November the Treasurer shall send to each regular
and associate member a statement of their dues for the ensuing year.
Section 3 – Election to Membership
Each applicant for membership shall apply on a
form as approved by the Board and which shall provide that the applicant
agrees to abide by the Constitution and Bylaws and the rules of the American
Kennel Club. The application
shall state the name, address and telephone number of the applicant and
shall carry the endorsement of two members in good standing.
Accompanying the application the prospective member shall submit dues
payment for the next calendar year and an application fee in an amount set
by the Board. Applicant’s name
shall be read at any regular club meeting and included in the minutes of
that meeting. At the annual
meeting of the club the application shall be voted upon.
The vote will be verbal unless a secret ballot is requested.
The club shall elect such applicant by a favorable vote of seventy-five
percent of the members present.
An application which has been rejected, may be presented by the applicant’s
endorser at the next annual meeting of the club and the club may elect such
applicant by a favorable vote of seventy-five percent of the members
present. If at the time of the
annual meeting there is not a quorum present, the application may be voted
upon at the next Board of Directors meeting.
A favorable vote of seventy-five percent of the Board members shall elect
such applicant.
Section 4 – Rights of Membership
A regular member in good standing is entitled to all
privileges of the club. These
privileges include but are not limited to:
a.
the right to vote in all club elections
b.
the right to vote on all matters requiring a plebiscite
c.
the right to be elected or appointed to any club office
An associate member in good standing is
entitled to all the privileges of the club except:
a.
the right to vote in all club elections or plebiscite
b.
the right to be elected or appointed to any club office although may serve
on club committees
Section 5 – Termination of Membership: Membership may be terminated:
A.
By resignation. Any member in
good standing may resign from the club upon notice to the Executive
Secretary, but no member may resign when in debt to the club.
Dues obligations are considered debt to the club and they become incurred on
the first day of each fiscal year.
B.
By lapsing A membership will be considered as lapsed and automatically
terminated if such members dues remain unpaid sixty days after the first day
of the fiscal year.
C.
By expulsion. A membership may
be terminated by expulsion as provided in Article VI of these Bylaws.
Article II
Section 1 – Annual Meeting
The annual meeting of the club shall be held between September 15 and
October 31 in conjunction with the club’s Silverwood Competition, if
possible, at a place, date, and hour designated by the Board of Directors. The quorum for the annual meeting shall be ten percent of the
regular membership in good standing.
Section 2 – Regular Meetings
In addition to the annual meeting, there shall be two regular
meetings. They shall be set at
a place, date, and time designated by the Board of Directors.
The quorum for a regular meeting shall be ten percent of the regular members
in good standing.
Section 3 – Special Meetings
Special meetings may be called by the President or by a majority vote
of the Board, or by the Executive Secretary upon receipt of a petition
signed by ten members of the club who are in good standing.
Such meetings shall be held at such date hour and place as maybe designated
by the Board of Directors. The
meeting and no other club business may be transacted.
The quorum for such a meeting shall be ten percent of the regular
membership.
Section 4 – Board Meetings
Meetings of the Board of Directors shall be held at such times and
places as are designated by the President or by a majority vote of the
entire Board. Written notice of
such meetings shall be mailed by the Executive Secretary to each member of
the Board at least thirty days prior to the date of the meeting.
The quorum for a Board meeting shall be a majority of the Board voting in
person or by conference call.
The Board shall hold not less than three in person meetings per year.
Section 5 – Notice of Club Meetings
Written notice of all meetings shall be mailed by the Executive
Secretary at least thirty days prior to the meeting.
Article III
Directors and Officers
Section 1 – Board of Directors
The Board shall comprise the President, First Vice President, Second
Vice President, Treasurer, Executive Secretary, Corresponding Secretary,
Delegate to the AKC, and Director at Large #1 and Director at Large #2, all
of whom shall be regular members in good standing who are residents of the
United States.
They shall be elected for two-year terms as provided in Article IV
and shall serve until their successors are elected.
The general management of the club’s affairs shall be entrusted to the Board
of Directors. The Board may
conduct its business by mail, fax, or telephone.
When this is done on any matter requiring a vote of the Board, a written
ballot on that vote shall be required subsequent to a telephonic or fax
action.
Section 2 – Officers
A.
The officers shall be President, First Vice President, Second Vice
President, Executive Secretary, Corresponding Secretary, and Treasurer.
B.
The President shall preside at all meetings of the club and shall have the
duties and powers normally appurtenant to the office of President in
addition to those particularly specified in the Constitution and Bylaws.
He or she shall be Chairman of the Board of Directors.
C.
The First Vice President shall have the duties and exercise the powers of
the President in case of the President’s death, absence, or incapacity.
He or she may succeed to the office of President.
D.
The Second Vice President shall have the duties and exercise of the First
Vice President in the case of the First Vice President’s death, absence, or
incapacity.
E.
The Executive Secretary shall keep a record of all meetings of the club and
the Board of Directors and all votes taken by mail except as provided in
Article IV and Article VII, and of all matters of which a record shall be
ordered by the club. He or she
shall have charge of the correspondence, notify members of meetings, notify
new members of their election to membership, notify officers of their
election to office, and keep a roll of the members of the club with
addresses, and carry out such other duties as are prescribed in these
Constitution and By-laws.
F.
The Corresponding Secretary shall act as club representative in all matters
involving correspondence with non-members and non-member organizations. It
shall be the responsibility of the Corresponding Secretary to deal with all
queries from the public regarding the breed and club function.
G.
The Treasurer shall collect and receive all monies due or belonging to the
club. He or she shall deposit
the same in a bank satisfactory to the Board in the name of the club.
His or her books shall at all times be open to inspection by the Board and
he or she shall report to them at every meeting the condition of the club
and at the first club meeting of the year he or she will render an account
of all monies received and expended during the previous fiscal year.
He or she shall also chair a trust fund committee appointed by the Board for
the purpose of coordinating club activity and monies bequeathed to the Bull
Terrier Club of America. At the
first club meeting of the year he or she will render an account of all trust
assets and activities.
The Treasurer shall be bonded in such amount, as the Board shall
determine.
H.
The Delegate to the American Kennel Club is the official representative of
the Bull Terrier Club of America to the American Kennel Club.
As such, he or she shall reflect the policies of the club when voting at
American Kennel Club meetings.
In the event that no policy has been established on a matter, the Delegate
shall vote in accordance with the purpose of the club as set forth in the
Constitution.
Section 3 – Vacancies
Any vacancies occurring among the officers during the year shall be filled
for the unexpired term of office by a majority vote of the then members of
the Board; except that a vacancy in the office of President shall be filled
automatically by the First Vice President and the resulting vacancy in the
office of First Vice President shall be filled automatically by the Second
Vice President. The resulting
vacancy in the office of Second Vice President shall be filled by the board.
Filling an unexpired term shall not be considered as a term of office of
President, First Vice President or Second Vice President.
Article IV
Club Year, Voting, Nominations and
Elections
Section 1 – Club Year
The club’s official and fiscal year shall begin on November first and end
on the thirty-first day of October.
Those officers, directors, and the AKC Delegate who are elected shall take
office either at the conclusion of the Annual Meeting or on November first,
whichever shall occur first.
Section 2 – Voting
A.
The election of officers, directors, and Delegate to the American Kennel
Club, amendments to the Constitution and Bylaws, the standard of the breed
and any major changes in the club policies must be written on a ballot to
the entire regular membership and cast by mail.
B.
The Board of Directors may decide to submit specific questions to the entire
regular membership for decision by written ballot.
C.
The regular members present at a regular meeting may decide by vote to
submit specific questions to the entire regular membership for decision by
written ballot.
Section 3 – Elections
The election of officers, directors, and the Delegate to the American
Kennel Club shall be held every other year.
The term of office shall be two years.
The Board of Directors shall designate an election agent to conduct any club
elections. It shall
designate a public accounting firm as election agent for the election of
officers, directors and the Delegate to the American Kennel Club.
For all other types of club elections the Board of Directors shall designate
an election agent who may be an officer, director, member, non-member or a
public accounting firm.
The election shall be conducted by secret written ballot. The election agent shall keep secret the results of the
election and shall deliver them in a sealed envelope to the Executive
Secretary no later than October 1 of the year of the election.
The election agent shall retain possession of, and keep available for
inspection, all cast ballots and the records of the election for sixty days
after the annual meeting or longer if so directed by the Board.
After the results are announced, any candidate may, at his or her own cost,
inspect the ballots and the election results.
Such inspections shall not reveal the identity of any member’s ballot.
The persons receiving the largest number of votes for each position
shall be declared elected. In
case of a tie, the winner shall be determined by the toss of a coin, at the
annual meeting. If any nominee,
at the time of the election is unable to serve for any reason, such nominee
shall not be elected and if a vacancy is thus created, it shall be filled by
the new Board of Directors in the manner provided by Article III, Section 3.
Section 4 – Nominations and Ballots
A.
No later than April 1 of the year in which an election is to be held, the
Board of Directors shall choose from different areas of the United States a
Nominating Committee of three and two alternates, all regular members in
good standing, one of whom shall be named chairman.
Any vacancy on this committee during the tenure of office shall be filled by
the Board and no officer or director may be a member of this committee.
B.
The Nominating Committee shall nominate from among the eligible members of
the club one candidate for each office and a candidate for Delegate to the
American Kennel Club, and shall procure the acceptance in writing of each
nominee so chosen. A member of
the Nominating Committee shall not be eligible to be a nominee. The Nominating Committee may conduct its business by FAX,
mail, or telephone; however, the written recommendations of the Nominating
Committee must be submitted to the Executive Secretary by the committee
chairman no later than June 1.
The Executive Secretary shall mail the list to each regular member of the
club on or before June 15 so that additional nominations may be made by the
regular members if they so desire.
C.
Additional nominations of eligible members may be made only by written
petition addressed to the Executive Secretary at his or her regular address
on or before July 15 signed by five BTCA members in good standing and
accompanied by the signed written acceptance of each such additional nominee
signifying his or her willingness to be a candidate.
The petition and acceptance may not be deliverable by fax or any other
electronic duplicating communication device.
No person shall be a candidate for more than one office.
D.
No person may be a candidate for election who has not been nominated in
accordance with these Bylaws.
Nominations cannot be made in any manner other than as provided above.
E.
If no valid additional nominations for a position are received by the
Executive Secretary on or before July 15, the person nominated by the
Nominating Committee shall be declared elected on October 1 and no further
election for that position shall be required.
Any contested position shall proceed to election by written ballot.
F.
If any position or positions are contested, only those positions shall
proceed to an election by secret written ballot.
In a contested election the Board of Directors shall designate an election
agent who shall mail on or before August 15 to each regular member in good
standing a ballot listing, in alphabetical order, all nominees for the
contested positions, together with a return envelope addressed to the
election agent market “Ballot” and bearing the name of the regular member or
members to whom it was sent.
The election agent shall check the returns against a list of regular members
in good standing prior to opening the envelopes and shall certify the
eligibility of the voters as well as the results of the voting.
Ballots to be valid must be received by the election agent no later than
September 15 in the envelope sent to the regular membership.
The results of the balloting shall remain secret until announced by the
Executive Secretary when he or she receives them from the election agent.
The Executive Secretary shall announce the results of the election no later
than October 1 and the elected persons shall take office pursuant to Article
IV, Section 1.
Article V
Committees
Section 1
The Board may each year appoint standing committees to advance the work of
the club. Such committees shall
always be subject to the final approval of the Board.
Special committees may also be appointed by the Board to aid it on
particular projects. Such
committees shall always be subject to the final authority of the Board.
Section 2
The Board, by a
majority vote, may terminate a committee appointment or dissolve a committee
upon written notice to the appointees.
The Board may appoint successors to those persons whose service has been
terminated. Terminating or
retiring committee persons shall turn over to the committee or to the Board
all properties and records relating to their committee assignment within
thirty days after leaving that office.
Article VI
Discipline
Section 1 – American Kennel Club Suspension
Any member who is suspended from privileges of The American Kennel Club
automatically shall be suspended from privileges of this club for a like
period.
Section 2 – Charges
Any member may prefer charges against another member for alleged
misconduct prejudicial to the best interest of the club or the breed.
Written charges with specifications must be filed in duplicate with the
Executive Secretary with a deposit of $100 which shall be forfeited if such
charges are not sustained by the Board or a committee following a hearing.
The Executive 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 breed.
If the Board considers that the charges do not allege conduct which would be
prejudicial to the best interests of the club or breed, it may refuse to
entertain jurisdiction.
If the Board entertains jurisdiction of the charge, it shall fix a date of a
hearing by the Board or a committee of not less than three members of the
Board, not less than three weeks nor more than twelve weeks thereafter.
The Executive 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 or her own
defense and bring witnesses if he or she 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
will be treated uniformly in that regard.
Should the charge 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 months from the date of the hearing, or until
the next annual meeting, if that will occur after six months, and if it
seems that this punishment is 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 or her fellow members at the ensuing club meeting which
considers the recommendation of the Board or the committee.
Immediately after the Board or the committee has reached a decision, its
finding shall be put in written form and filed with the Executive Secretary,
in turn, shall notify each of the parties of the decision and penalty, if
any.
Section 4 – Disqualification
Any member of the Board of Directors directly involved in
disciplinary charges as either complainant or defendant shall disqualify
himself or herself from participating in the case in any role other than as
a witness.
Article VII
Amendments
Section 1 – Proposing Amendments
Amendments to the Constitution and Bylaws and to the standard of
the breed may be proposed by the Board or by a majority vote of the regular
members present at any regular meeting.
Amendments proposed by such a majority vote shall be considered by a
committee selected by the Board of Directors.
Such committee shall provide interim reports on the status of the proposed
amendment to the Board until the proposal is finalized. If the Board
approved the proposed amendment as submitted by the committee, it shall be
promptly submitted to the regular membership by the Executive Secretary for
a vote as provided in Article VII, Section 2.
Section 2 – Amendment Procedure
The Constitution and Bylaws and the Standard of the Breed may be
amended at any time provided a copy of the proposed amendment has been
mailed by an election agent appointed by the Board to each regular member in
good standing on the date of the mailing accompanied by a ballot on which he
or she may indicate his or her choice for or against the proposed amendment.
The amendment proposal notice shall also specify a date not less than thirty
days after the date of mailing by which date the ballots must be returned to
the election agent to be counted.
To insure a fair and accurate ballot, the election agent shall utilize the
same balloting procedures provided for in Article IV, Section 4F.
The election agent shall keep secret the results of the balloting and shall
deliver them in a sealed envelope to the presiding officer at the next
regular meeting following the balloting.
After the results are announced, any regular member, at his or her own
expense, may inspect the ballots and the election results.
Such inspection shall not reveal the identity of any member’s ballot.
The favorable vote of two-thirds of the regular members in good standing who
return valid ballots within the time limit shall be required to effect any
amendment to the Constitution and Bylaws.
A favorable vote of three-quarters of regular members who are in good
standing and who return valid ballots within the time limits shall be
required to effect any amendment to the breed standard.
Section 3 – Approval by the American Kennel Club
No amendment to the Constitution and Bylaws or to the breed
standard that is adopted by the club shall become effective until it has
been approved by the Board of Directors of the American Kennel Club.
Article VIII
Dissolution
The club may be dissolved at any time by the written consent of
not less than three-quarters of the regular 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 charitable organization selected by the Board of Directors for the
benefit of dogs.
Article IX
Order of Business
Section 1 – Club Meetings
At meetings of the club, the order of business, so far as the
character and nature of the meeting shall permit, shall be as follows:
Role Call
Minutes of Last Meeting
Report of the President
Report of the Executive Secretary
Report of the Corresponding Secretary
Report of the Treasurer
Report of the Committees
Election announcements when applicable
Election of New Members
Unfinished Business
New Business
Adjournment
Section 2 – Board Meetings
At meetings of the Board, the order of business, unless
otherwise directed by majority vote of those present, shall be as follows:
Reading of Minutes of Last Meeting
Reports of Officers
Reports of Committees
Unfinished Business
Election of New Members
New Business
Adjournment
Article X
Parliamentary Authority
The rules
contained in Robert’s Rules of Order, Revised, shall govern the
parliamentary procedure of the club when not inconsistent with the
Constitution and Bylaws of this club.
Amended BTCA: October, 1994
Approved AKC: November, 1994
Amended BTCA: June, 2002
Amended BTCA: August 2003
Approved AKC: August 2003