Apricot/Red Poodle Club
Established 1988
CONSTITUTION AND BY-LAWS
OF
THE APRICOT/RED POODLE CLUB
ARTICLE 1
Name and Objectives
SECTION I.
The
name of the Club shall be "The Apricot/Red Poodle Club".
SECTION 2.
The
objectives of the Club shall be:
(a) to encourage and promote quality in the
breeding of Apricot and Red Poodles 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 as the only standard
of excellence by which they shall be judged;
(c) to
do all in its power to protect and advance the interests of the breed by encouraging
sportsmanlike competition at dog shows and performance
trials;
(d) to conduct matches under the rules of The
American Kennel Club;
(e) to promote improved communications,
understanding, and relationships between Poodle breeders/owners.
SECTION
3.
The Club shall not be conducted or operated for profit and no part
of any profits, remainder or residue from the 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 may be required to carry out these objectives.
ARTICLE 1
Membership
SECTION I. Eligibility
There shall be two types of memberships, open to
all persons who are in good standing with The American Kennel Club and who
subscribe to the objectives and Ethics of the Apricot/Red Poodle Club:
(a) Regular
Membership - Open to those 18 years of age and older who enjoy all privileges
of the Club including the right to vote and hold office. Regular membership carries
one vote; and is eligible to one newsletter or mail correspondence.
(b) Dual
(or Household) Membership - Open to those 18 years of age and older living at
the same domicile with each person; and limited to two people per household;
enjoying all privileges of the Club including the right to vote and hold
office. Dual (or Household) membership carries one vote each; and is eligible
to one newsletter or mail correspondence per household.
SECTION 2. Dues
Membership dues shall be $20 per member and $5 for each additional
member in the same household (with a maximum of 2 members per household). Dues
notice for the next year will be published in the October (Fall) newsletter
issue. Members whose dues are not paid by January 1 will receive written notice
to that effect.
SECTION 3. Election to Membership
Each
applicant for membership shall apply on the form provided by the Board of
Directors and which shall provide that the applicant agrees to abide by these Constitution
and By-Laws, the rules of the American Kennel Club, and the Code of Ethics of
the Club:
(a) The application shall state the name,
address, kennel name (if applicable), and telephone
number of the applicant; and it shall carry the endorsement of two members in
good standing who are familiar with the applicant’s dogs, personal and breeding
ethics.
(b) Accompanying the
application, the prospective member shall submit dues for the current year.
(c) All applications
are to be filed with the Corresponding Secretary.
(d) Each applicant's
name, address and phone, and names of sponsors will be published in the next
newsletter.
(e) Members must make
objections to the proposed applicant within 60 days in writing to the
Corresponding Secretary.
(f) Applicants may only
be refused membership for known major offenses, such as conviction for inhumane
treatment of animals, supplying pet stores, functioning as a puppy mill, or
under suspension from the privileges of the American Kennel Club.
(g) If no
objections are made to the Corresponding Secretary by the end of 60 days after
applicant’s name is published, the applicants may be elected by secret ballot
at any meeting of the Board of Directors following the specified time.
Affirmative votes of two thirds of the Directors present at a meeting of the
Board, or two thirds of the entire Board voting by mail or approved method of
communication, shall be required to elect an applicant.
(h) Applicants for
membership who have been rejected by the Club must wait six months before
applying again.
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;
(b) By lapsing - A membership will be considered
as lapsed and automatically terminated if such
member's dues remain unpaid 60 day after the first day of the fiscal year;
however, the Board may grant an additional 30 days of grace to such delinquent
members in meritorious cases. If membership lapses after 90 days of the first
day of the fiscal year, the member will be required to reapply for membership. 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 explusion - A
membership may be terminated by expulsion as provided in Article VI of these By-Laws.
ARTICLE II
Meetings and Voting
SECTION I. Club Meetings
The
annual meeting of the Club shall be held during the week of the Poodle Club of America National Specialty Show. The time and place will be
designated by the Board of Directors, and will be published in the newsletter and/or
by an approved method of communication at least 30 days prior to the meeting.
SECTION 2. Annual Board Meetings
Board
meetings will be held during the week of the Poodle Club of America National Specialty Show, and prior to the meeting of the
Club. The time and place will be designated by the Board of Directors. Business
necessary between annual meetings will be conducted by phone or other approved
method of communication.
Section
3. Communication methods
The Board of Directors may conduct its business by mail, fax,
telephone conference call or other approved method of communication through the
Recording Secretary. Items voted upon by telephone conference call must be
confirmed within seven days by mail, e-mail or fax.
Section
4. 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 ten percent of the 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 and/or other approved method of communication may be used by
the Corresponding Secretary at least fourteen days and not more than thirty
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.
SECTION 5. Voting
Each individual member shall be entitled to one vote at any
meeting of the Club and shall be limited to those members in good standing.
Mail ballots, if necessary, are to be mailed out one month prior to the date
they are due to be returned. Any major decisions requiring action of the membership
between annual meetings will be conducted by mail ballot or other approved
method of communication.
ARTICLE III
Directors and Officers
SECTION I. Board of Directors
The Board shall be comprised of the Officers and four other
persons known as Directors-at-large, all of whom shall be members in good
standing. All shall be elected at the Club’s annual meeting. The Officers shall
be elected for two-year terms, rotating on odd-even years. The President and Recording
Secretary shall be elected during the even years, and the Vice-President,
Corresponding Secretary and Treasurer shall be elected during the odd years.
The remaining four members who comprise the Directors-at-large shall be elected
annually. All Board members shall serve until their successors are elected. General
management of the Club's affairs shall be entrusted to the Board of Directors.
SECTION 2. Officers
The Club officers consisting of the President, Vice-President, Corresponding
Secretary, Recording 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 the Board, and shall have the duties and powers
normally appurtenant 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 Corresponding
Secretary shall have charge of the correspondence including, but not limited to
handling routine inquiries from the public, internal and external Club
communication, and related questions; notify members of meetings; notify Officers
and Directors of their election to office via special mailing or other approved
method of communication; receive
applications for membership; applications must be acknowledged within 15 days
of receipt by e-mail or postal mail; check accompanying application must be
sent to the Treasurer for deposit within 30 days of receipt; send copy of
membership applications to President, Treasurer, Recording Secretary and
Newsletter Editor; check new applicants references and report findings to the
Board; receive complaints from members regarding
applicant; forward complaints to Board via email within 15 days of receipt; notify
applicant if his/her application was approved or declined within 15 days of
Board decision; keep an up-to-date roll of the members of the
Club with their addresses and other pertinent information and provide same to
Website Editor; the mailing address of the Apricot/Red Poodle Club shall be
that of the Corresponding Secretary; and carry out such other duties as are
prescribed in these by-laws.
(d) The Recording
Secretary shall keep a record of all meetings of the Club and of the Board; and
of all matters of which a record shall be ordered by the Club; and all votes
taken by mail or approved method of communication; when a new member is approved provide
information to all necessary parties including Website Editor; ARPC List Moderator
& Newsletter Editor; welcome new members after membership is granted via
approved method of communication; carry out such other duties
as are prescribed by these bylaws.
(e) The Treasurer shall
collect and receive all monies due or belonging to the Club; monies 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; at the annual meeting,
there shall be a written and verbal account of all monies received and expended
during the previous fiscal year including every item of receipt or payment not
before reported; condition of the Club's finances shall be published quarterly
in the newsletter; more frequent reports may be made to members of the Board by
mail or other approved method of communication; send dues notices; maintain membership list; update Corresponding
Secretary annually of members in good standing; the Board of Directors
shall appoint a committee of three members (excluding the Treasurer) to audit
the books annually, with the Treasurer available to answer questions; in case
of resignation of the Treasurer during the year the books will be audited in
the same manner; the Treasurer shall be bonded in such amount as the Board of
Directors shall determine; and carry out such other duties as are prescribed in
these by-laws.
(f) The Newsletter
Editor shall be in charge of gathering news and information, brags and other
pertinent topics to the club members including membership applications which shall be published in the next newsletter and/or other
approved method of communication within 90 days of receipt; the newsletter shall be
published at least quarterly (Jan, April, Jul and Oct) and will be submitted to
the membership by mail or other approved method of communication and posted to
the Club Website; this position will be appointed by the Board and report to
the Board, but not have a voting position; the Newsletter Editor may be a
member of the Board of Directors or may be a member at large; and carry out
such other duties as are prescribed in these by-laws.
(g) The Website Editor
shall be in charge of maintaining the clubs website and update it according to
the frequency the Board of Directors deem necessary; this position will be
appointed by the Board and report to the Board, but not have a voting position;
the Website Editor may be a member of the Board of Directors or may be a member
at large; and carry out such other duties as are prescribed in these by-laws.
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 members of the
Board at its first regular meeting following the creation of such vacancy, or
at 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 first day of January and end on the 31st
day of December. The Club’s official year shall begin immediately at the conclusion
of the election at the annual meeting and shall continue through the election
at the next annual meeting.
SECTION 2. Annual Meeting
The annual meeting shall be held during the week of the
Poodle Club of America National Specialty Show, at which Officers and Directors
for the ensuing year shall be elected by written ballot from among those
nominated in accordance with Section 4 of this Article. They shall take office
immediately upon the conclusion of the election and each retiring officer shall
turn over to his successor in office all properties and records relating to
that office immediately after the election. Mail ballots must be counted by the
Corresponding Secretary and turned over to the President before the date of the
meeting.
SECTION 3. Elections
The nominated candidates for Board of Director positions, who
receive the greatest number of votes for each position, shall be declared
elected.
SECTION 4. Nominations
No person may be a candidate in a Club election who has not been
nominated. Five months or 150 days prior to the annual elections, the Board
shall select a Nominating Committee consisting of three members, not more than one
of whom may be a member of the Board. The Corresponding Secretary shall immediately
notify the committee of their selection.
The Board shall name a Chairperson for the Committee and it shall be
his/her duty to call a committee meeting which shall be held within 30 days of the
notice, four months or 120 days before the annual elections.
(a) The
Committee shall nominate one candidate for each office, and total of four
candidates for the Director at Large positions. After securing the consent of
each person so nominated, provided they are accompanied by written consent of
the person being nominated; their nominations shall immediately be reported to
both Recording and Corresponding Secretary in writing or other approved method
of communication.
(b) Upon receipt of
the Nominating Committee's report, the Corresponding Secretary shall three months
or 90 days prior to the annual elections, notify each member in writing of the
candidates so nominated. This notice may be included in the newsletter, sent as
a special mailing and/or sent by other approved method of communication.
(c) Additional nominations
may be made by mail and/or sent by other approved method of communication by two
months or 60 days prior to the annual elections, provided they are accompanied
by written consent of the person being nominated. No person may be a candidate
for more than one position.
(d) If no valid
additional nominations are received two months or 60 days prior to the annual
elections, the Nominating Committee's slate shall be declared elected and no
balloting will be required.
(e) If one or more
valid additional nominations are received two months or 60 days prior to the
annual elections the Corresponding Secretary or an independent professional
firm designated by the Board shall, before 45 days prior to the annual
elections, mail to each member in good standing a ballot listing all of the
nominees for each position in alphabetical order, together with a blank
envelope and a return envelope addressed to the Corresponding Secretary (or
designated professional firm); marked "Ballot" and bearing the name
of the member to whom it was sent. So that the ballot, may remain secret, each
voter, after marking his or her ballot, shall seal it in the blank envelope
which in turn shall be placed in the second envelope addressed to the
Corresponding 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. Ballots should be returned to the Corresponding Secretary
(or designated professional firm) 15 days prior to the annual elections to be
counted as valid. Results of the ballot voting and annual elections will take
place during the week of the Poodle Club of America National Specialty Show.
Recording Secretary shall submit results of the annual elections included in
the minutes of the annual meeting to the Newsletter Editor for publication in
the quarterly edition of the newsletter following the election.
(f) 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 matches, trophies, prizes, membership, fundraisers, 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 appointee may be terminated by a majority vote of the 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 I. American Kennel Club Suspension
Any
member who is suspended from the privileges of The American Kennel Club shall
automatically be suspended from the privileges of the Club for a like period.
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 with the Corresponding
Secretary with a nonrefundable deposit of $10. The Corresponding 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 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 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 not less than 3 weeks nor more than 6 weeks thereafter. The Corresponding
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 the 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 suspend the defendant
from all privileges of the Club for not more than six months from the date of
the hearing. If it deems that punishment insufficient, it may also recommend to
the membership that the penalty be expulsion. In such cases, the suspension
shall not restrict the defendant's right to appear before fellow members at the
ensuing Club meeting which considers the recommendation of the Board or
Committee. Immediately after the Board or Committee has reached a decision, its
findings shall be put in written form and filed with the Recording Secretary.
The Corresponding 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
a meeting of the Club following a Board hearing and upon the recommendation of
the Board or Committee as provided in Section 3 of this Article. The defendant
shall have the privilege of appearing in his or her own behalf though no
evidence shall be taken at this meeting. The President shall read the charges
and the Board’s findings and recommendations, and shall invite the defendant,
if present, to speak in his or her own behalf. The meeting shall then vote by
secret written ballot on the proposed expulsion. A 2/3 vote shall be necessary
for the expulsion. If expulsion is not so voted, the suspension shall stand.
ARTICLE VII
Amendments
SECTION 1.
Amendments
to the Constitution and By-Laws may be proposed by the Board of Directors or by
written petition addressed to the Corresponding
Secretary signed by twenty percent 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 the recommendations of
the Board by the Corresponding Secretary for a vote within three months of the
date when the petition was received by the Corresponding Secretary.
SECTION 2.
The Constitution and By-Laws may be amended at any time provided a
copy of the proposed amendment has been mailed by the Corresponding Secretary
to each member in good standing on the date of mailing, accompanied by a ballot
on which a choice for or against the action to be taken shall be indicated.
Dual envelope procedures described in Article IV, Section 4(e) shall be
followed for handling such ballots, to assure secrecy of the vote. Notice with
such ballot shall specify a date not less than thirty days after the date
postmarked by which date the ballots must be returned to the Corresponding
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.
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
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 last meeting
Report
of President
Report
of Corresponding Secretary
Report of Recording Secretary
Report of Treasurer
Reports of Committees
Election
of Officers and Directors (at annual meeting)
Reading
of names of new members
Unfinished
Business
New
Business
Adjournment
SECTION 2.
SECTION 2. At meetings of the Board, the order
of business, unless otherwise directed by a majority vote of those present,
shall be as follows:
Reading
of minutes of last meeting
Report of Corresponding Secretary
Report of Recording Secretary
Report of Treasurer
Report of Committees
Unfinished Business
Election of New Members
New
Business
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 By-Laws and any
other special roles of order the Club may adopt.