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BORDER COLLIE SOCIETY OF
AMERICA, INC. |
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CONSTITUTION
ARTICLE I Name and Objectives
Section 1: The name of the Club shall be the Border Collie Society of America, Inc.
Section 2: The objectives of the Club shall be:
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to further understanding of the disease, defects, injuries and other ailments that afflict dogs in general and the Border Collie in particular;
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to encourage and promote the quality of purebred Border Collies, emphasizing the breed’s natural herding ability as well as soundness;
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to encourage the organization of independent local Border Collie Specialties under the American Kennel Club requirements;
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to promote the public's knowledge and appreciation of dogs in general and Border Collies in particular;
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To produce, publish, and distribute to the general public educational materials about the proper care, treatment, breeding, health, development and training of Border Collies;
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to encourage and foster interest and participation in the training, exhibiting, and trialing of all Border Collies;
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to conduct sanctioned and licensed specialty shows and matches, herding tests and trials, obedience trials, tracking tests, and agility trials under the rules of the American Kennel Club;
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to assist Border Collie rescue organizations in the adoption of Border Collies into suitable homes; and
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to conduct a Club that promotes good fellowship and sportsmanship as well as to provide for the pleasure and recreation of its members.
Section 3: BCSA shall not be conducted or operated for profit, and no part of any profits or remainder of residue from dues or donations to the Club shall inure to the benefit of any member or individual.
Section 4: The members of the Club shall adopt, and may from time to time revise, such By-laws as may be required to carry out these objectives.
BYLAWS
ARTICLE I Membership
Section 1: Eligibility. Membership shall be open to all persons and local Border Collie clubs who subscribe to the objectives of this Club and who/which are in good standing with the American Kennel Club. There shall be six types of membership as described below:
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Associate: non-voting membership open to individuals 18 years of age or older.
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Individual: Regular membership shall be open to all persons 18 years of age or older. Individual memberships are allowed one (1) vote.
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Household: This membership is available to two adults residing in the same household. Household memberships are allowed two (2) distinct votes.
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Junior: Junior membership is available for individuals under 18 years of age. Junior members may not vote, hold office, nor be counted in any quorum.
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Associate Affiliate Club: Associate Affiliate Club membership shall be open to all local Border Collie clubs which expressly agree to abide by these by-laws. Associate Affiliate Clubs may not vote.
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Affiliate Club: Affiliate Club membership shall be open to local Border Collie Clubs which are eligible to hold one or more AKC licensed events, which expressly agree to abide by these by-laws, and which are approved by the Board of Directors. Each Affiliate Club shall be entitled to one vote.
Section 2: Dues. Membership dues may be changed from time to time at the discretion of the Board of Directors. Dues are payable on or before the last day of January each year. Late fees, as determined by the Board of Directors, may apply for dues paid after the last day of January, but before the last day of March, of each year. Lifetime members shall not pay annual dues. [“Lifetime” refers only to those who already hold such membership. It is no longer available as a membership category.]
No member may vote whose dues are not paid for the current fiscal year. During the month of December the Membership Chair shall send to each regular member who has not yet paid dues for the following year, separately or included with the BCSA newsletter, a statement of his/her dues for the ensuing year and specify the cost of the late fee.
Section 3: Election to Membership. Each application 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, By-laws, Code of Ethics, Mission of the BCSA, and the rules of the American Kennel Club. The application shall state the name, address, and phone number of the applicant. The prospective member shall submit dues payment for the current year.
Applicants’ first and last names, and city and state of residence shall be published in the club newsletter; and members will be invited to send for consideration, directly to the Board of Directors, private and confidential comment on the applicants. Applicants shall be approved for or denied membership by the Board of Directors. An application which has received a negative vote by the Board may be presented at the next Annual Meeting and the members may elect such applicant by secret ballot and a favorable vote of 75% of the members present.
Section 4: Termination of Membership. Memberships may be terminated, with no fees or moneys refunded, in the following ways:
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by resignation. Any member in good standing may resign from the Club upon written notice to the Membership Chair; 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.
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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. In no case may a person be entitled to vote whose dues are unpaid for the current fiscal year. Those members whose dues are in danger of lapsing must be notified via written notice of this condition by the Membership Chair.
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by expulsion. A membership may be terminated by expulsion as provided in Article VI of these By-laws.
Section 5 Use of Club Materials. No member of the Club may incur indebtedness on the part of the Border Collie Society of America without approval of the Board. Use of the Club stationery, past or present, or logos and insignia of the BCSA, Inc., by any person other than current officers and members of the Board of Directors, or anyone specifically authorized by the Board of Directors, is prohibited. Use of such stationery for any purposes other than the official business of this Club is prohibited.
Section 6 Member in Good Standing. A Member in Good Standing is one whose dues payments are current and who is not currently under disciplinary action by the BCSA or the AKC.
ARTICLE II Meetings
Section 1 Annual Meetings. An annual meeting of the Club shall be held once during each fiscal year in conjunction with the Club’s Specialty Show if possible, at a place, date and hour designated by the Board of Directors. Written notice of the annual meeting shall be mailed by the Corresponding Secretary to each member at least 30 days prior to the date of the meeting and may be done via announcement in the newsletter. The quorum for such meetings shall be 20% of the members in good standing.
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 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 10% of such members of the Club who are in good standing. Such meetings shall be held at such place, date, and hour as may be designated by the Board of Directors. Written notice of such meeting shall be mailed by the Corresponding Secretary at least 30 days and not more than 60 days prior to the meeting. The notice of the meeting shall state the purpose of the meeting, and no other business may be transacted. A quorum for such a meeting shall be 20% of the members in good standing.
Section 3 Board Meetings. The first meeting of the new Board shall be held in January following its election. Other meetings of the Board of Directors shall be held at such time and place as are designated by the President or by a majority vote of the entire Board.
Written notice of each such other meeting shall be mailed or emailed (if all board members have agreed in writing to receive notices by email) by the Corresponding Secretary to each member of the Board at least 14 days prior to the date of the meeting.
The quorum for a Board Meeting shall be a majority of the Board, and meetings may occur in person, or via video conference or teleconference. Between meetings business and voting may occur by mail, by FAX, or by electronic media including, but not restricted to, electronic mail and electronic meeting, providing that all Board members have access to and agree to use the chosen media, and that the media is password protected in order to verify that users are, in fact, eligible Board members.
In order to ensure that Board members are receiving communications appropriately, each message sent must be responded to by the receiving Board member. Items voted upon by telephone must be confirmed in writing within 7 days to the Recording Secretary.
ARTICLE III Directors and Officers
Section 1 Board if Directors. The Board shall have nine members, and shall be comprised of the President, Vice-President, Recording Secretary, Corresponding Secretary, Treasurer, Immediate Past President (who shall be a voting member of the Board), Delegate to the American Kennel Club, and two to three other persons, all of whom shall be members in good standing who are residents of the United States. No two members of the same family shall serve on the Board of Directors at the same time. The general management of the Club’s affairs shall be entrusted to the Board of Directors.
All members of the Board of Directors shall be elected for two year terms as provided for in Article IV and shall fulfill their positions as described in Section 2 of this Article, until their successors take office, with the exception of the Past President. The immediate Past President may not run for office until the term as Past President is completed. The Past President position shall only last one term, after which the position converts to a regular elected board member at large position, for situations where the current President serves more than one term.
Section 2 Officers. The Club’s officers, consisting of the President, Vice-President, Recording Secretary, Corresponding Secretary and Treasurer shall serve in their respective capacities both with regard to the Club and its meetings and the Board and its meetings.
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The President shall preside at all meetings of the Club and of the Board, and shall have the duties and powers normally assigned to the office of President in addition to those particularly specified in these By-laws. The President shall have the right to call meetings, appoint special committees, and coordinate officers, committees and Board.
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The Vice-President shall have the duties and exercise the powers of the President in case of the President’s death, absence or incapacity. This person shall assist the President in any manner which the President deems necessary.
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The Recording Secretary shall keep a record of all meetings of the Club, meetings of the Board, votes taken by mail, and matters of which a record shall be ordered by the club. The Recording Secretary shall maintain a current master file of all necessary business and legal forms used by the Club, and shall carry out such other duties as are prescribed in these by-laws.
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The Corresponding Secretary shall handle all correspondence directed to the club, shall notify members of meetings, direct the Membership Chair to notify new members of their election to membership, notify officers and Directors of their election to office, and carry out such other duties as are prescribed in these by-laws.
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The Treasurer shall collect and receive all moneys due to the Club and shall report to the members of the Club, in each club newsletter, the current condition of the Club’s financial status. Monies shall be deposited in a bank approved by the Board, in the name of the Club. All bank and credit accounts in the name of the Club shall require signatures from two board members (the Treasurer, and one other Board Member, as designated by the Board of Directors) for all expenditures, to ensure accountability. The books (bills, receipts, bank statements, check registers, general ledger) shall, at all times, be open to inspection of the Board, the Finance Committee, or Board-appointed auditor. A report of the condition of the Club’s finances and every item of receipt or payment not before reported shall be given at every meeting of the Board; and at the annual meeting an accounting shall be rendered of all monies received and expended in the current fiscal year. The reports of the Treasurer shall be published in the Club newsletter. On an annual basis, the Finance Committee shall perform a review of the Treasurer’s records, tax filings and annual reports, and publish a report on their findings to the membership in the Club newsletter. The Treasurer and all other bank account signatories shall be bonded in such amount as the Board of Directors shall determine.
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The Delegate to the American Kennel Club shall represent the Club and its interests at the meetings of and in matters relating to the American Kennel Club.
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Past President and Board Members At Large shall attend board meetings, advise on board matters, assist in overseeing club operations and committees, and attend to board business as regular voting members.
Section 3 Vacancies. Any vacancies occurring in the officers of the Board during the year shall be filled until the next election by a majority vote of all the then members of the Board; except that a vacancy in the office of President shall be filled automatically by the Vice-President and the resulting vacancy in the office of Vice-President shall be filled by election by the Board. Vacancies to the position of Past President will be filled with a third Board Member At Large position, appointed the same as described above for other board vacancies.
Section 4 Terms of Office. No member may remain on the Board for more than four consecutive two-year terms. Serving out an unexpired term shall not be considered as one of the four.
Section 5 Removal. A member of the Board may be removed from the Board for failure to attend three meetings without sufficient cause, or for failure to perform the duties of the office. The AKC Delegate may be removed for failure to attend meetings of AKC Delegates without sufficient cause. Removal requires a vote of two-thirds (2/3) of the remaining members of the Board. The resulting vacancy shall be filled as described in Section 3 of this article.
Section 6 Committee Oversight. The Board shall have oversight of all committees, and each committee shall report to the board, before each Board meeting, their activities and status.
ARTICLE IV The Club Year, Voting, Nominations, Elections
Section 1 The Club’s fiscal and official year shall begin on the first day of January and end on the last day of December. The elected Officers and Directors shall take office on January 1 following the election, and each retiring officer shall turn over to his/her successor in office all properties and records relating to that office within fourteen (14) days of the new Board taking office.
Section 2 Voting. At the Annual Meeting or at a Special Meeting of the Club voting shall be limited to those voting members in good standing who are present at the meeting, except for the election of Officers and Directors and amendments to the Constitution and By-laws, and the Standard for the breed, which shall be decided by written ballot cast by mail. Voting by proxy shall not be permitted. The Board of Directors may decide to submit other specific questions for decisions of the members by written ballot cast by mail.
Section 3 Elections. The election of Officers and Directors and Delegate to the American Kennel Club, shall be conducted by secret ballot. If any nominee, at the closing deadline for ballots, is unable to serve for any reason, such nominee shall not be elected and the vacancy so created shall be filled by the new Board of Directors in the manner provided by Article III, Section 3.
Section 4 Nominations and Ballots. No person may be a candidate in a Club election who has not been nominated in accordance with these By-laws. A Nominating Committee shall be chosen by the President and approved by the Board of Directors on or before December 1 of the year prior to the election year. The Committee shall consist of five members from different areas of the U.S.A., all members in good standing, no more than one of whom may be a member of the current Board of Directors. The Corresponding Secretary shall immediately notify the committee members of their selection. The President shall name a Chair for the Committee and it shall be such person’s duty to call a committee meeting.
The President (with approval of the Board of Directors) shall also appoint Inspectors of Election on or before September 1. Three persons (as well as three alternates) shall be appointed to serve. The duties of the Inspectors shall be to count the ballots for the annual election. The Inspectors shall be members in good standing who are not members of the current Board of Directors nor candidates on the ballot, nor members of the Nominating Committee, nor the Membership Chair. In any year in which the Board determines it is financially feasible, the Board may hire a balloting service to mail and receive returned ballots and/or act as the Inspectors of Election.
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The Nominating Committee shall nominate from among the eligible voting members of the Club candidates for each office and for each position on the Board of Directors and shall procure the acceptance of each nominee so chosen. The Committee should consider geographical representation of the membership on the Board to the extent that it is practical to do so. The Committee shall then submit its slate of candidates to the Corresponding Secretary who shall print the list, including the full name of each candidate, his/her qualifications and the name of the state in which he/she resides. This shall be sent to each member of the Club on or before May 1, either separately or in the BCSA newsletter, so that additional nominations may be made by the members if they so desire.
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Additional nominations of eligible members may be made by written petition addressed to the Corresponding Secretary and received on or before July 1, signed by ten voting members in good standing (excluding the candidate’s own signature) and accompanied by the written acceptance of each such additional nominee signifying his/her willingness to be a candidate.
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If no valid additional nominations by written petition are received on or before July 1, the Nominating Committee’s slate shall be considered to have been elected unanimously and no balloting will be necessary.
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If one or more valid additional nominations are received by mail on or before July 1, the Corresponding Secretary shall, on or before August 1, mail or have mailed to each voting member in good standing a ballot listing all of the nominees for each position in alphabetical order, with the names of the states in which they reside, and a brief biography and position statement (not to exceed one single-spaced typewritten page) from each nominee. The ballots shall be mailed separately or included in the BCSA newsletter, together with one plain envelope marked “BALLOT” and one return envelope addressed to the Recording Secretary and bearing the name of the member or household to whom it was sent. So that the ballots may remain secret, each voter, after marking their ballot, shall seal it in the envelope marked “BALLOT” which in turn shall be placed in the second envelope addressed to the Recording Secretary.
Household memberships are allowed two votes and will be given two ballots and two envelopes marked “BALLOT”, both of which shall be placed inside the single envelope addressed to the Recording Secretary or the balloting service designated by the Board of Directors.
Only ballots received by the Recording Secretary on or before September 15 shall be counted toward the election. Upon receipt of the ballots, the Recording Secretary shall check the returns against the list of voting members whose dues are paid for the current year prior to opening the outer envelopes and removing the envelopes marked “BALLOT”, and shall certify the eligibility of the voters. After certifying the eligibility of the voters, the Recording Secretary shall turn the unopened ballots envelopes over to the Inspectors of Election for the counting of the ballots.
The Inspectors of Election shall count the ballots on a date no later than September 30, and the results of the voting will be announced in the newsletter (and may also be announced electronically via email or website publishing). The meeting for counting of these ballots is to be open to the inspection of all interested Club members. In the case that the Recording Secretary is running for office, the duty of verifying ballots for eligibility will pass to a person who is not running for office and who is appointed by the Board. -
Nominations cannot be made in any manner other than as provided above.
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The nominated candidate receiving the greatest number of votes for each office shall be declared elected. In the case of a tie, the tie will be broken by “drawing lots.” This will be done by having one of the Inspectors of Election draw a name from a hat. The necessity of this event shall be announced to the membership, and a date set for the drawing of lots no later than October 31. The meeting to be held for the drawing of lots shall be open to all members of the Club. The candidates shall be permitted to attend to observe, or to appoint someone to represent them at the meeting.
ARTICLE V Committees
Section 1 The President may each year appoint standing committees, approved by the Board of Directors, to advance the work of the Club in such matters as dog shows, herding tests and trials, obedience trials, tracking tests, agility trials, newsletter, trophies, annual prizes, membership and other fields which may be well 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.
Each committee shall annually submit a budget to the Board of Directors for approval. Expenditures beyond those approved in the budget must be approved by the Board before those expenditures may be made.
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.
Section 3 The Membership Chair shall be appointed by the Board of Directors and shall be responsible for processing membership requests, presenting applicants to the membership and the Board, certifying eligibility of members for voting, and for maintaining a current master membership roster. The Membership Chair shall forward to the Treasurer a complete accounting of dues received along with all monies collected.
Section 4 Each committee chair shall provide a written annual report (not to exceed one page) to be made available to the Board of Directors and to the membership in the club newsletter. Each annual report shall include a summary of the committee’s work in the preceding year as well as a summary of expenditures made by the committee. Additional written reports shall be provided to the Board as requested.
ARTICLE VI Discipline
Section 1 American Kennel Club Suspension. Any member who is suspended from any privileges of The American Kennel Club automatically shall be suspended from the privileges of this 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 and President. A deposit of $50.00 shall be enclosed in the package sent to the Corresponding Secretary, which shall be forfeited if such charges are not sustained by the Board or by a Committee of not less than three members of the Board following a hearing.
The Corresponding Secretary or the President shall, within seven days, send a copy of the charges to each member of the Board or present them at a Board meeting. The Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of the breed or Club. 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 or President shall, within three days, send one copy of the charges to the accused member by certified mail together with a notice of the hearing and an assurance that the defendant may personally appear in his or her own defense and bring witnesses if he or she wishes. The complainant shall also be notified of the hearing date within three days, and of the fact that he/she is also allowed to bring witnesses.
Section 3 Board Hearing. The Board shall have complete authority to decide whether any type of counsel may attend the hearing, but both complainant and defendant shall be treated uniformly in that regard.
If the charges are sustained, after hearing all the evidence and testimony presented by the complainant and the defendant, the Board may, by majority vote of those present, reprimand or suspend the defendant from all privileges of the Club for a period of time not to exceed one year 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 this case, the defendant has the right to appear before his fellow members at an ensuing Club meeting which considers the Board’s recommendation.
Immediately after the Board’s decision, its findings shall be put into written form and filed with the Recording Secretary and noted in the next publication of board meeting minutes. The Corresponding Secretary will notify each party of the Board’s decision and penalty, if any, via certified mail, within seven days of when the decision was rendered.
Section 4 Expulsion. Expulsion of a member from the Club may be accomplished only at the annual meeting of the Club following a Board hearing and upon the Board’s recommendation as provided in Section 3 of this Article. Notice shall be given no more than 60 days but not less than 30 days before the annual meeting.
No written communications with any bearing on the hearing will be sent to the members of the Club by any party, save the official notice sent by the Corresponding Secretary that expulsion of the member will be before the membership at a meeting, and giving the time and date of that meeting. The defendant shall have the privilege of presenting his/her case, though no new evidence shall be taken. The President shall state the charges and the Board’s findings 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 two-thirds vote of those present and voting 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 By-laws and the Standard for the breed 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 or the Standard for the breed may be amended at any time provided a copy of the proposed amendment has been mailed by the Corresponding Secretary to each member, who on the date of the mailing is a member in good standing, 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(d) shall be followed in handling such ballots to assure secrecy of the vote. Notice with such ballot shall specify a date not less than 30 days after the date postmarked by which date the ballots must be returned to the Recording Secretary in order to be certified for counting. The favorable vote of 2/3 of the ballots received within the time limit shall be required to effect any such amendment.
Section 3 No amendment to the Constitution and By-laws, or to the Standard for the breed, that is adopted by the Club shall become effective until it has been approved by the Board of Directors of the American Kennel Club.
ARTICLE VIII Dissolution
Section 1 The Club may be dissolved at any time by the written consent of not less than two-thirds 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 residual assets shall be turned over to one or more organizations for the benefit of dogs which are exempt as described in Section 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1954, as amended, or to the federal, state or local government for exclusive public purposes.
ARTICLE IX
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:
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Roll call
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Minutes of last meeting
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Report of President
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Report of Corresponding Secretary
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Report of Treasurer
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Reports of Committees
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Unfinished Business
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New Business
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Announcements
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Adjournment
Section 2 At meetings of the Board of Directors, the order of business, unless otherwise directed by a majority vote of those present, shall be as follows:
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Reading of minutes of last meeting
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Report of Corresponding Secretary
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Report of Treasurer
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Report of Committees
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Unfinished Business
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New Business
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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 the By-laws and any other special rules of order
the Club may adopt.
Page Updated 12.05.2010