CONSTITUTION AND BYLAWS

CONSTITUTION AND BYLAWS

THE BLUE RIDGE BERNESE MOUNTAIN DOG CLUB

CONSTITUTION

ARTICLE I

Name and Objects

SECTION 1. Name. The name of the club shall be The Blue Ridge Bernese Mountain Dog Club. (BRBMDC)

SECTION 2. Objects. The objects of the club shall be:

(a) to encourage and promote quality in the breeding of purebred Bernese Mountain Dogs and to do all possible to bring their natural qualities to perfection;

(b) to urge members and breeders to accept the standard of the breed as approved by The American Kennel Club (AKC) as the only standard of excellence by which the Bernese Mountain Dog shall be judged;

· dog shows

· obedience trials

· agility tests

· draft tests

· tracking tests

· other performance events

(d) to conduct

· sanctioned matches

· dog shows

· obedience trials

· agility trials

· tracking tests

· any other event for which the club is eligible under the Rules and Regulations of the AKC;

(e) to conduct draft tests under the rules of The Bernese Mountain Dog Club of America;

(f) to promote purebred dogs, and to educate the public and dog owners on responsible dog ownership;

(g) to promote fellowship and provide a support system for the unique needs of Bernese Mountain Dog owners.

SECTION 3. Non-Profit. 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. Revisions. The members of the club shall adopt and may from time to time revise such bylaws as may be required to carry out these objectives.

BYLAWS

ARTICLE I

Membership

SECTION 1. Eligibility. There shall be four types of membership open to all persons who are in good standing with The American Kennel Club and who subscribe to the purposes of this club.

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.

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.

Family Membership: Open to persons 18 years of age and older who enjoy all the privileges of this club including the right to two votes per family and the right to hold office.

Associate Membership: Required for first year members, and is recommended for individuals who do not anticipate regular attendance at meetings. An Associate Member shall be informed of all club meetings and activities, shall receive the Newsletter, may serve on committees and may participate in all club activities, but may not vote, hold office, sponsor, nominate or second, and is not counted in fulfilling quorum requirements. An Associate Member may transfer to Regular Membership by written request to the Secretary at the time of yearly membership renewal and dues payment and following the same procedure outlined in Section 3 below for Associate Membership.

Junior Membership: Open to persons 10-17 years of age. Junior members cannot vote or hold office. They may serve on committees other than the Nominating Committee. A Junior Member may convert to Regular Membership upon reaching his/her 18^th birthday.

SECTION 2. Dues. Membership dues shall not exceed $30.00 per year, payable on or before the 1^st day of January each year. No member may vote whose dues are not paid for the current year. During the month of November the Treasurer shall send to each member a statement of dues for the ensuing year.

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 the constitution and bylaws and rules of The American Kennel Club. The application shall state the name, address, and occupation of the applicant, as well as information on BMDs currently or previously owned, if any. Accompanying the application, the prospective member shall submit dues payment for the current year.

All applications are to be filed with the Secretary and each application is to be presented to club members via the club email list or at any meeting at which a quorum of members is present. Discussion or objections may be made in person at the meeting or within 10 days through the email list. If no objections are received, the applicant is considered approved for Associate membership. If objections are made, a period of discussion of an additional 10 days will be allotted, at which time, the applicant will be voted on for membership by the club, either through email or list poll. Applicant will be elected to membership upon affirmative vote of 2/3 of eligible members present and voting by secret ballot at that meeting provided a quorum is met. The Secretary shall send written notice, by electronic mail or postal service, to applicant whether the constitutionally mandated affirmation majority vote was received.

Applicants for membership who have been rejected by the club may not reapply within six months after such rejection .

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; but no member may resign when in debt to the club. Obligations other than dues are considered a debt to the club and must be paid in full prior to resignation.

(b) by lapsing. A membership will be considered as lapsed and automatically terminated if such member’s dues remain unpaid 90 days after the first day of the fiscal year; however, the board may grant an additional 90 days of grace to such delinquent members in meritorious cases. In no case may a person be entitled to vote at any club meeting whose dues are unpaid as of the date of that meeting.

ARTICLE II

Meetings and Voting

SECTION 1. Club Meetings Meetings of the club shall be held at least four times per year within the greater Triad area at such hour and place as may be designated by the board of directors. Written notice of each such meeting shall be sent by the Secretary at least 10 days prior to the date of the meeting. Notification may be by mail or e-mail. The quorum for such meetings shall be 20 percent of the members in good standing.

A. Members may elect to receive e-mail notification of club meetings, dues notices, minutes, and newsletters; and board members may elect to receive notification of board meetings via e-mail; provided that the member or board member signs an authorization agreeing to this method of communication. Such authorization may be revoked upon written request sent to the Secretary.

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 and voting at any regular or special meeting of the board. These meetings shall be called by the Secretary upon receipt of a petition signed by five Regular and/or Family Members of the club who are in good standing. Such special meetings shall be held at such place, date and hour as determined by the Board. The Secretary shall send notice of such meeting at least five days and not more than 15 days prior to the date of the meeting, and said notice shall state the purpose of the meeting, and no other club business may be transacted thereat. The quorum for such a meeting shall be 20 percent of Regular and/or Family Members in good standing.

SECTION 3. Board Meetings. Meetings of the board of directors shall be held at such hour and place as may be designated by the board. Notice of each such meeting shall be sent at least five days prior to the date of the meeting. The quorum for such a meeting shall be a majority of the board. Board meetings may be held in other than physical form, i.e. by conference call or on line if necessary.

SECTION 4. Special Board Meetings. Special meetings of the board may be called by the President; and shall be called by the Secretary upon receipt of a written request signed by at least three members of the board. Such special meetings shall be at such place, date and hour determined by the Board The Secretary shall send notice of such meeting at least five days and not more than 10 days prior to the date of the meeting. Any such notice shall state the purpose of the meeting and no other business shall be transacted thereat. The quorum for such a meeting shall be a majority of the board.

SECTION 5. Voting. Each Regular Member in good standing whose dues are paid for the current year shall be entitled to one vote on any issue. Family Memberships are entitled to one vote for each member, to a maximum of two votes. Associate Members and Junior Members cannot vote. Proxy or absentee voting is not permitted.

ARTICLE III

Directors and Officers

SECTION 1. Board of Directors. The board shall be comprised of President, Vice President, Secretary, Treasurer, and four Directors, all of whom shall be members in good standing and all of whom shall be elected for one term of two years at the club’s annual meeting as provided in Article IV and shall serve until their successors are elected. Associate and Junior Members cannot hold office. The election of the President and Secretary shall take place in alternate years from the election of the Vice President and Treasurer. General management of the club’s affairs shall be entrusted to the board of directors.

SECTION 2. Officers. The club’s officers, consisting of the President, Vice President, Secretary and Treasurer, shall serve in their respective capacities both with regard to the club and its meetings and the board and its meetings.

(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 Secretary shall keep a record of all meetings of the club and of the board and all matters for which a record shall be ordered by the club; have charge of the correspondence, notify members of meetings, notify new members of their election to membership, notify officers and directors of their election to office, keep a roll of the members of the club with their addresses, and carry out such other duties as are prescribed in these bylaws.

(d) The Treasurer shall collect and receive all moneys due or belonging to the club. Moneys shall be deposited in a bank designated by the board, in the name of the club. The books shall at all times be open to inspection by the board and a report shall be given at every meeting of the condition of the club’s finances and every item or 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.

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

ARTICLE IV

The Club Year, Annual Meeting, Elections

SECTION 1. Club Year. The club’s fiscal year shall begin on the 1^st day of January and end on the last day of December. The club’s official year shall begin immediately at the conclusion of the annual meeting and shall continue through the election at the next annual meeting.

SECTION 2. Annual Meeting. The annual meeting shall be held in the month of December, at which officers and directors for the ensuing year shall be elected by secret ballot from among those nominated in accordance with Section 4 of this Article. They shall take office immediately upon the conclusion of the annual meeting and each retiring officer shall turn over to the successor in office all properties and records relating to that office within 30 days after the election.

SECTION 3. Elections. The nominated candidate receiving the greatest number of votes for each office shall be declared elected. The nominated candidates for other positions on the board who receive the greatest number of votes for such positions shall be declared elected.

SECTION 4. Nominations. No person may be a candidate in a club election who has not been nominated. During the month of August, the board shall select from Regular and Household Members a Nominating Committee consisting of three members and two alternates, not more than one of whom may be a member of the board. The Secretary shall immediately notify the committee members and alternates of their selection. The board shall name a chairman for the committee, and it shall be such person’s duty to call a committee meeting, which shall be held on or before October 1.

(a) The committee shall nominate one candidate for each office and position of the board and, after securing the consent of each person so nominated, shall immediately report their nominations to the Secretary in writing.

(b) Upon receipt of the Nominating Committee’s report, the Secretary shall, before October 15th notify each member in writing of the candidates so nominated.

(c) Additional nominations, restricted to Regular Members, may be made in writing, electronic or postal, with supporting statements from two other Regular Members, to the Secretary and received by her/him on or before November 1.

(d) If no valid additional nominations are received by the Secretary on or before November 1, the Nominating Committee's slate shall be declared elected and no election meeting and no balloting will be required.

(e) If one or more valid additional nominations are received by the Secretary on or before November 1, he/she shall, on or before November 15, send to the entire membership a listing of all the nominees for each position, and the election by secret ballot will take place at the Annual Meeting to be held in December.

(f) Nominations cannot be made 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 specialty shows, obedience trials, draft tests, trophies, annual prizes, membership, rescue 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 services have been terminated.

ARTICLE VI

Discipline

SECTION 1. American Kennel Club Suspension. Any member who is suspended from any privilege of The American Kennel Club automatically shall be suspended from the privileges of this club for a like period.

SECTION 2. Charges. Any individual member may prefer charges against another individual 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 Secretary together with a deposit of $50.00, which shall be forfeited if such charges are not sustained by the board following a hearing. The Secretary shall promptly send a copy of the charges to each 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 interest of the club. If the board considers that the charges do not allege conduct which would be prejudicial to the best interests of the club, it may refuse to entertain jurisdiction. If the board entertains jurisdiction of the charges, it shall fix a date for a hearing by the board not less than three weeks nor more than six weeks thereafter. The Secretary shall promptly send one copy of the charges to the accused member by certified/return receipt mail together with a notice of the hearing and an assurance that the defendant may personally appear in his/her own defense and bring witnesses if he/she wishes.

SECTION 3. Board Hearing. The board shall have complete authority to decided 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 may, by a majority vote of those present, reprimand or suspend the defendant from all privileges of the club for not more than six months from the date of the hearing. And, if it deems that 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 fellow members at the ensuing club meeting which considers the board’s recommendation. Immediately after the board has reached a decision, its finding shall be put in written form and filed with the Secretary. The Secretary, in turn, shall notify each of the parties of the board’s decision and penalty, if any.

SECTION 4. Expulsion. Expulsion of a member from the club may be accomplished only at a meeting of the club following a board hearing and upon the board’s recommendation as provided in Section 3 of this Article. Such proceedings may occur at a regular or special meeting of the club to be held within 60 days but not earlier than 30 days after the date of the board’s recommendation of the expulsion. 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 board’s finding and recommendation, and shall invite the defendant, if present, to speak in his/her own behalf if he/she wishes. The members shall then vote by secret ballot on the proposed expulsion. A 2/3 vote of those present and voting at the meeting shall be necessary for expulsion. If expulsion is not so voted, the board’s suspension shall stand.

ARTICLE VII

Amendments

SECTION 1. Amendments to the constitution and bylaws may be proposed by the board of directors or by written petition addressed to the Secretary signed by 20 percent of Regular and Family Members 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 Secretary for a vote within three months of the date when the petition was received by the Secretary.

SECTION 2. The constitution and bylaws may be amended by a 2/3 vote of Regular and Family Members present and voting at any regular or special meeting called for the purpose, provided the proposed amendments have been included in the notices of the meeting and sent to each member at least two weeks prior to the date of the meeting.

ARTICLE VIII

Dissolution

SECTION 1. The club may be dissolved at any time by the written consent of not less than 2/3 of voting members. In the event of the dissolution of the club other than for the purposes of reorganization, whether voluntary or involuntary or by operation of law, none of the property of the club nor any proceeds thereof nor any assets of the club shall be distributed to any members of the club but after payment of the debts of the club, its property and assets shall be given to a charitable organization for the benefit of Bernese Mountain Dogs selected by the board of directors.

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: