Pride and Prejudice APBT Association
Constitution and Bylaws
Article
II. Affiliation. The
Association is officially associated with the United Kennel Club, Inc. and the
National American Pit Bull Terrier Association.
Article
III. Motto. Pride in the
breed to defeat the prejudice of the public’s opinion. This is the heart felt
drive of the Association.
Article
IV. Objectives. The
objectives of the Association shall be:
(1) To conduct UKC approved and licensed events.
(2) Support the members in Breed Specific
Legislation issues.
(3) Promote responsible dog ownership/breeding.
(4) Breed awareness/education of the APBT to the
public.
Article
V. Association Profits. The
Association shall not be conducted or operated for profit and no part of any
profits or remainder or residue from dues or donations to the Association shall
benefit any member or individual.
Article
VI. Rules For Licensed Events.
All licensed events sponsored by the Association will be run in accordance with
the rules, policies, and procedures of the United Kennel Club.
Article VII. No individual or group of individuals known to: promote, support, raise dogs for fighting; knowingly sell, give or trade dogs that will be used for fighting; condone or be associated with the facing off, game testing, rolling or pitting; will be tolerated or allowed membership in this association. Such individuals will be banned from all U.K.C. events and clubs, with no reinstatement at any time. Individuals shall also be reported to the National American Pit Bull Terrier Association and their local police department.
Article
VIII. Revisions. The
members of the Association shall adopt and may from time to time revise such
bylaws as may be required to carry out these objectives.
BYLAWS
Section 1. Eligibility. There shall be six (6) types of
membership open to any person/breeder, owner, or fancier of United Kennel Club
Registered American Pit Bull Terrier, and who subscribes to the purposes and
objectives of the Association, agrees to abide by the Association Code of
Ethics, and who is in good standing
with U.K.C.
Section 2. Types of membership.
Section 2.1. Single membership. Open to members 18 years of age or
older. Single members are entitled to one vote and are eligible to hold office
in the Association.
Section 2.2. Charter membership. Single members who joined the
Association on or before
Section 2.3. Family/Household
membership. Open to any
two members of a household 18 years of age or older. Each Family/Household
membership is entitled to two votes.
Section 2.4. Honorary membership. The Board of Directors may elect to
honorary membership any member in good standing or any non-member who meets the
eligibility requirements for membership. An affirmative vote of 2/3 of the
Directors present at a meeting of the Board, or 2/3 of the entire Board voting
by mail shall be required to elect an honorary member. Honorary members shall
be exempt from dues. No honorary members may vote or be eligible for office
unless he/she was a member in good standing of the Association.
Section 2.5. Associate membership. Associate membership is open to any
individual who is interested in the club and the American Pit Bull Terrier.
Associate members shall not be entitled to vote nor eligible to hold office,
but shall be eligible for annual trophies or awards offered by or through the
Association.
Section 2.6. Junior membership. Junior membership is open to any
individual who is two to seventeen years of age. Juniors may convert to single
membership upon reaching their 18th birthday. Junior members shall not be
entitled to vote nor eligible to hold office, but shall be eligible for annual
trophies or awards offered by or through the Association.
Section 3. Dues.
Section 3.1. Amount. Annual membership dues shall be
determined by the Board of Directors.
Section 3.2. Payment of dues. Dues are payable on or before the
first day of January of each year.
Section 3.3. Dues statement. On November 15th of each
year, the Treasurer shall send to each member a statement of dues for the
ensuing year.
Section 3.4. Nonpayment of dues. No member may vote whose dues are not
paid for the current year. The names of members who have not paid their dues
shall be published in the first Association newsletter published after February
1st of each year. The membership of any member who has not paid his/her dues by
March 31st of any calendar year shall lapse. The Board of Directors may grant a
grace period of an additional 30 days for payment to any member who applies for
an extension.
Section
4. Application for membership. Each
applicant for membership in the Association shall apply on a Board-approved
Application for Membership, which shall provide that the applicant agrees to
abide by the Constitution, Bylaws and Code of Ethics of the Association and the
rules and regulations of the United Kennel Club. Each application shall be
endorsed by one Association member in good standing. The prospective member
shall submit the completed application and dues payment for the current year to
the Secretary, at which time the applicant’s membership shall become
effective.
Section 5. Termination Of Membership. Memberships may be terminated for any
of the following reasons:
Section 5.1. Resignation. Any member in good standing may resign
from the Association upon written notice to the Secretary. Resignation shall
not discharge or eliminate any debt owed to the Association. Dues are
considered an obligation to the Association and are incurred the first day of
each fiscal year.
Section 5.2. Lapsing. A membership will be considered as
lapsed and automatically terminated if such member's dues remain unpaid after
March 31st. The Board of Directors may grant a grace period of an additional 30
days for payment to any member who applies for an extension. In no case may a
person be entitled to vote at any Association meeting whose dues are unpaid as
of the date of the meeting. Dues paid at such a meeting allow that member
reinstatement of voting rights.
Section 5.3. Suspension. Any member who is suspended or barred
from the privileges of the United Kennel Club is automatically suspended or
barred from the privileges of membership in the Association for the same period
of time.
Section 5.4. Expulsion. A membership may be terminated by
expulsion as provided in Article VIII, Section 4 of these bylaws.
Article
II. Association Year.
Section 1. Fiscal Year. The Association’s fiscal year shall
begin on the 1st day of January and end on the last day of December.
Section 2. Official Year. The Association’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.
Article
III. Meetings.
Section 1. Regular meetings. The Association will meet in March,
September and December each year.
Section 2. Annual meeting. The annual meeting of the Association
shall be held at such time and place as may be designated by the Board of
Directors in June of each year. Written notice of the time, place and location
of this meeting shall be printed in the Spring/March newsletter of the
Association and shall be mailed not later than 15 days prior to the meeting.
The quorum for this and all other Association membership meetings shall be 20
percent of the members in good standing.
Section 3. Special Association meetings. Special meetings may be called by the
President or by a majority vote of the members of the Board of Directors who
are present and voting at any meeting of the Board or who vote by mail, and
shall be called by the Secretary upon receipt of a petition signed by 10
percent of the members of the Association who are in good standing. Such
special meetings shall be held at a place, date and hour as may be designated
by the person or persons authorized herein to call such a meeting. Written
notice of such a meeting shall be mailed by the Secretary at least fifteen (15)
days and not more than thirty (30) days prior to the date of the meeting, and
said notice shall state the purpose of the meeting and no other Association
business may be transacted thereafter. The quorum for such a meeting shall be
20 percent of the members in good standing.
Section 4. Board meetings. The first meeting of the Board shall
be held immediately following the annual Association meeting and election. The
Association and Board will meet in March, September and December each year.
Written notice of each such meeting shall be mailed by the Secretary at least
15 days prior to the date of the meeting. The quorum for such a meeting shall
be a majority of the Board.
Section 5. Special Board meetings. Special meetings of the Board may be
called by the Association President, Vice President, or by the Secretary upon
receipt of a written request signed by at least three members of the Board.
Such special meeting shall be held at such time and place as may be designated
by the person authorized to call such meeting. The Secretary shall mail written
notice of such meeting at least 30 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 6. Conducting
Association business via electronic communication.
Association and Board members may use e-mail, chat rooms, message boards and
other means of electronic communication to facilitate Association business.
Section
6.1. Association discussions.
a. Notice.
Written notice of Association on-line discussions shall be mailed or e-mailed
to all Association members in good standing by the Secretary at least 14 days
and not more than 30 days prior to the scheduled discussion. Notice shall
include:
1. A designated e-mail
list, chat room or message board with instructions how to access the list, room
or message board;
2. The purpose(s) of the meeting and the starting and ending dates and times during which discussion may take place. No other Association business shall be discussed.
b. Quorum.
No quorum shall be required for Association discussions.
c. Voting.
No vote may be taken on any motion.
d. Minutes.
The Secretary shall be responsible for keeping minutes of these discussions by
using chat room logs, copying messages from the message board, copying e-mail from
the list, or by taking notes of the discussion.
Section 6.2. Regular Board
discussions. A majority of the Board may designate a regular
date, time and e-mail list, chat room or message board for Board discussions.
a. Notice.
These regular discussions may be held without notice but the President shall
publish an agenda at the beginning of each discussion.
Roll call. The Secretary
will take a roll call at the beginning of each designated meeting period.
b. Quorum. A
quorum for these discussions shall be a majority of the Board members. A Board
member shall be considered present if he/she responds within one-half hour in a
chat room or within 24 hours on an e-mail list or message board.
c. Voting.
Board members may vote on any properly-made motion during these discussions,
but no such vote shall be valid unless a written copy of the motion signed by
the Board member clearly indicating the Board member’s approval or disapproval
of the motion is received via mail or fax by the Secretary within 10 days of the
electronic vote. Board members shall be notified by mail or e-mail of the
results of all balloting.
d. Minutes. The Secretary shall be responsible for keeping minutes of these discussions by using chat room logs, copying messages from the message board, copying e-mail from the list, or by taking notes of the discussion.
Section 6.3. Special Board
discussions. Special Board discussions may be called by the
Association President, Vice President, or by the Secretary upon receipt of a
written request signed by at least three members of the Board. Such special
discussion shall be held at such date and time and in such electronic format
(e-mail list, chat room or message board) as may be designated by the person
authorized to call for such a discussion.
a. Notice.
The Secretary shall mail or e-mail written notice of such meeting at least 14
days prior to the date of the discussion. Any such notice shall state the
purpose of the discussion and no other business shall be transacted thereat.
b. Quorum. A
quorum for these discussions shall be a majority of the Board members. A Board
member shall be considered present if he/she responds within one-half hour in a
chat room or within 24 hours on an e-mail list or message board.
c. Voting.
Board members may vote on any properly-made motion during these discussions,
but no such vote shall be valid unless a written copy of the motion signed by
the Board member clearly indicating the Board member’s approval or disapproval
of the motion is received via mail or fax by the Secretary within 10 days of
the electronic vote. Board members shall be notified by mail or e-mail of the
results of all balloting.
d. Minutes.
The Secretary shall be responsible for keeping minutes of these discussions by
using chat room logs, copying messages from the message board, copying e-mail
from the list, or by taking notes of the discussion.
Section 7. Voting. Each Association member in good
standing whose dues are paid for the current year shall be entitled to vote at
any meeting at which the member is present or by ballot provided their
membership is a voting membership. Proxy voting shall not be permitted.
Article
IV. Directors and Officers.
Section 1. Board of Directors. The Board of Directors shall be
composed of the Officers and two (2) directors, all of whom shall be members in
good standing and all of whom shall be elected as provided in Article V and
shall serve until their successors are elected. In addition, the immediate past
President shall serve as a member of the new board till the next election.
General management of the Association’s affairs shall be entrusted to the Board
of Directors.
Section 2. Term of Office. The Officers of the Association shall
serve for two years or until their successors are elected. All Officers shall
be limited to two consecutive terms of office and no person may hold more than
one office per term. The other members of the Board of Directors shall be
elected for two year terms so staggered that one-half are elected at each
annual meeting. Any director who misses two board meetings within an
Association year shall be removed from the Board of Directors, unless a
majority of the board members present and voting at the meeting from which the
director is absent for the second time votes to excuse one or both of the
absences.
Section 3. Officers. The Association’s Officers, consisting
of the President, Vice President, Secretary, and Treasurer shall serve in their
respective capacities both with regard to the Association and its meetings and
the board and its meetings. All Officers must be in good standing with the
United Kennel Club.
Section 3.1. President. The President shall preside at all
meetings of the Association and of the Board of Directors, and shall have the
duties and powers normally appurtenant to the office of the President in
addition to those particularly specified in these bylaws.
Section 3.2. Vice President. The Vice President shall assist the
President when and where possible. The Vice President shall serve as
Parliamentarian. The Vice President shall have the duties and exercise the
powers of the President in case of the President’s death, absence or
incapacity.
Section 3.3. Secretary. The Secretary shall keep a record of
all meetings of the Association and of the Board and of all matters of which a
record shall be ordered by the Association; shall have charge of the
correspondence, including but not limited to:
a. Notifying members of meetings and
events.
b. Notifying new members of their election
to membership.
c. Keeping a roll of the members of the
Association with their physical addresses, phone numbers, and e-mail addresses.
d. Accept membership applications and
issue membership cards.
e. Preparing, printing, and mailing
official Association ballots.
f. Notifying Officers and Directors of
their election to office.
g. Presenting the Secretary's Report,
which shall consist of the Minutes of the last meeting, New Member
Applications, and any new correspondence received that must be addressed by the
membership.
h. Preparing, printing, and mailing of the
Official Club Newsletter; no fewer than (4) times yearly.
i. In the death, absence or incapacity of
the President and Vice President, carrying out the duties and exercising the
powers of the President; and
j. Carrying out other such duties are as
prescribed in these bylaws.
Section 3.4. Treasurer. The Treasurer shall collect and
receive all moneys due or belonging to the Association. Moneys shall be
deposited in a bank designated by the board, in the name of the Association.
The books shall at all times be accurate, up to date, and open to inspection by
the board. A report shall be given at every meeting of the condition of the
Association’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. In the event of
the resignation, death or expulsion of the Treasurer, all moneys and account
books of the Association shall be handed over to the Board of Directors until
the office of Treasurer is filled. The President shall sign all checks during
this interim period.
Section 4. 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 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 resulting
vacancy in the office of Vice President shall be filled by the board.
Section 5. Compensation. The members of the board shall serve
without compensation for time or labor but may be compensated for reasonable
and necessary expenses.
Article
V. Elections.
Section 1. Annual Election. The election of Officers and directors
shall be conducted by secret written ballot, except that if no nominations are
received by the Secretary as provided in Article V, Section 2.4, no ballot will
be necessary. In this case, the persons selected by the Nominating Committee
will be declared elected by the Secretary at the annual meeting of the
Association. If additional nominations have been made as provided in Article V,
Section 2.4, the Chairperson of the Tally Committee shall report the results of
the election at the annual meeting. The nominated candidate receiving the
greatest number of votes for each office or position on the board shall be
declared elected.
Section 2. Nominations. No person may be a candidate for an
office or position on the Board who has not been nominated. Nominations shall
be made at the last (December) meeting of the year.
Section 2.1. Tally Committee. The Board of Directors shall select three Association members, living within reasonable driving distance of one another, to serve as the Tally Committee, in the event that it becomes necessary to hold an election or vote on a proposed amendment to the Constitution and Bylaws, and count ballots. The board shall name one member of this committee as Chairperson, who shall receive all mail-in ballots and who shall report the results of the election to the Association Secretary.
Section 2.2 Candidates (Nominations.) A member in good standing within the
Association shall nominate the candidate. The candidate for office must be 2nd
by another member of the Association. No person shall be nominated for more
than one Board position. The Secretary shall mail the list, including the full
name of each candidate and the state in which the candidate resides, before
January 15th, so that members may make additional nominations, if
they so desire
Section 2.3. Additional Nominations. Additional nominations of eligible
members may be made by written petition signed by ten percent of the
Association members in good standing, addressed to the Secretary and received
at the Secretary’s regular address on or before March 1st,
accompanied by written acceptance of the nomination from each additional
nominee. No person shall be nominated for more than one position.
a.
If no valid additional nominations are
received by the Secretary on or before March 1st, the Nominated
slate of candidates shall be declared elected at the time of the annual meeting
and no balloting will be required.
b.
If one or more valid nominations are received
by the Secretary on or before March 1st, the Secretary shall mail to
each member in good standing a ballot listing in alphabetical order all of the
nominees for each position, together with an envelope addressed to the
Chairperson of the Tally Committee. Ballots may be mailed with the appropriate
newsletter.
Section 2.3. Counting The Ballots. Ballots must be returned by
Section 2.4. Election Results. At the next corresponding meeting of
the Association, the secretary will announce the election results.
Section 2.5. Change of Officers and
Board Members. The newly
elected Officers and board members shall take office at the conclusion of the
annual meeting. Each retiring Officer and board member shall turn over to
his/her successor in office all properties and records relating to that office
within 30 days after the election.
Article
VI. Contracts, Loans, Checks.
Section 1. Contracts. The Board may authorize any Officer,
agent or employee to enter into any contract or execute and deliver any
instrument in the name of and on behalf of the Association.
Section 2. Loans. No loan shall be contracted on behalf
of the Association, and no evidence of indebtedness shall be issued in its name
unless authorized by a resolution of the Board of Directors. Such authority may
be general or confined to specific instances.
Section 3. Checks, Drafts, Etc. All checks, drafts or other orders for
the payment of money, notes or other evidence of indebtedness issued in the
name of the Association shall be signed by the Association Treasurer, or such
agent or employee of the Association and in such a manner as shall from time to
time be determined by the board.
Article
VII. Committees.
Section 1. Appointing Committees. The Board shall each year appoint such
standing committees as needed to advance the operation of the Association or to
aid the board on particular projects. Such committees shall always be subject
to the final authority of the Board.
Section 2. Terminating Committee
Appointments. Any
committee appointment may be terminated by majority vote of the full membership
of the board upon full written notice to the appointee, and the board may
appoint successors to those persons whose service has been terminated.
Article
VIII. Discipline.
Section 1. United Kennel Club
Suspension. Any member
who is suspended from the privileges of the United Kennel Club shall be
automatically suspended from the privileges of this Association 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
Association or the breed. Written charges with specifications must be filed in
duplicate with the Secretary together with a deposit of $25.00, 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 interests of the Association or the breed. If the Board
considers that the charges do not allege prejudicial conduct, the Board 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 registered mail together with a
notice of the hearing and an assurance that the respondent 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 decide whether counsel may attend the hearing, but both
complainant and respondent shall be treated uniformly in that regard. Should
the charges be sustained after hearing all the evidence and testimony presented
by complainant and respondent, the Board may by a majority vote of those
present suspend the respondent from all privileges of the Association for not
more than six months from the date of the hearing. If the Board 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 respondent’s
right to appear before his fellow members at the ensuing Association 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
Association may be accomplished only at the annual meeting of the Association
following a Board hearing and upon the Board’s recommendation as provided in
Section 3 of this Article. The respondent shall have the privilege of appearing
in his or her own behalf though no evidence shall be taken to this meeting. The
President shall read the charges, and the findings and recommendations, and
shall invite the respondent, if present, to speak on his/her own behalf. The
meeting shall then vote by secret written 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 suspension shall stand.
Article
IX. Amendments.
Section 1. Proposing Amendments. 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 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 Secretary for a vote at the time of the
annual election subsequent to the date when the petition was received by the
Secretary.
Section 2. Publishing Proposed
Amendments. Proposed
amendments must be published in the March/April newsletter with the
recommendations of the board. The Secretary shall mail to each member in good
standing a ballot listing all proposed amendments, together with an envelope
addressed to the Chairperson of the Tally Committee. Ballots may be mailed with
the March/April newsletter. The same ballot form may be used for proposed
amendments as for the annual election of Officers and board members.
Section 3. Voting Procedures. Proposed amendments to the
constitution and bylaws may be included on the same ballot used for the annual
election of board members. Ballots shall be returned, counted, and results
announced in accordance with the procedures outlined in Article V, Sections 2.5
and 2.6. The favorable vote of 2/3 of the members in good standing who return
valid ballots within the specified time limit shall be required to effect such
a proposed amendment.
Section 4. U.K.C. Approval. No amendment to the constitution and
bylaws that is adopted by the Association shall become effective until it has
been approved by U.K.C.
Article
X. Dissolution. The
Association may be dissolved at any time by the written consent of not less
than 2/3 of the members in good standing. In the event of the dissolution of
the Association, whether voluntary or involuntary or by operation of law, other
than for purposes of reorganization, none of the property of the Association
nor any proceeds thereof nor any assets of the Association shall be distributed
to any members of the Association, but after payment of the debts of the
Association, its property and assets shall be given to a charitable
organization for the benefit of dogs selected by the Board.
Article
XI. Order of Business.
Section 1. Association Meetings. At meetings of the Association, 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 Secretary
Report of Membership Secretary
Report of Treasurer
Reports of committees
Election of officers and board (at
annual meeting in odd-numbered years)
Unfinished business
New business
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
Report of Secretary
Report of Treasurer
Reports of committees
Unfinished business
Election of new members
New business
Adjournment
Article
XII. Parliamentary Authority.
The rules contained in the current edition of "Robert's Rules of Order,
Newly Revised," shall govern the Association in all cases to which they
are applicable and in which they are not inconsistent with these bylaws and any
other special rules of order the Association may adopt.
Article
XIII. Certification. We hereby certify that the foregoing Constitution and
Bylaws, consisting of fourteen (14) pages, including this page, constitute the
Bylaws of the Association, of Windber, of the State of Pennsylvania, duly
adopted by its Board of Directors at a meeting properly noticed and held, and
at which a quorum was present on September 30, 2002.
______________________________ ___________________
Scott
A. Brown, President Signature
Date
______________________________ ___________________
Lynette
Kelly, Vice President
______________________________ ___________________
Joe
Terrazas, Secretary
______________________________ ___________________
Lora
Bauer, Treasurer
