Biewer Breed Club of America Inc.
Constitution
and By-Laws as Approved by the Biewer Breed Club International (BBCI) on the 1st of October, 2006 and the Biewer Breed Club
of America Inc. (formally BBCI) on 18th of September, 2008
Constitution Section 1 The Name of the Club shall be the Biewer Breed Club of America In, herein after known as
"the Club". Section 2 The objectives of the Club shall be: a) To encourage and promote quality and health
in the breeding of purebred Biewer a la Pom Pon 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 Biewer Breed Club of America as the only standard of excellence by which the Biewer shall
be judged. c) To encourage the organization
of independent Biewer specialty Clubs in those localities where there are sufficient fanciers of the breed to meet the requirements
Biewer Breed Club of America. d) To
do all in its power to protect and advance the interests of the breed and to encourage sportsmanlike competition at dog shows
and obedience trials. e) To conduct
sanctioned matches, specialty shows, obedience trials and any other performance events for which the club may be eligible
consistent witht the Rules and Regulations of the American Kennel Club. f) To promote the Club's Breed Order through mentorship and education. Section 3 The Club shall not be conducted or operated for profit and no part of any profits or remainder
or residue from dues and 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. Section 5 Conduct: All members shall abide by the Club's Code of Ethics and Code of Conduct.
Bylaws
Article 1-Membership
I. Eligibility There shall be membership
open to all persons over the age of 18 who subscribe to the purposes of this Club, agree not to exploit their membership in
the Club and agree to abide by and uphold the Club Code of Ethics and Code of Conduct. Persons residing in foreign countries
are also eligible. Foreign members may participate in Club events and may vote in Club elections and other matters.
However, foreign members cannot be counted in determining a quorum, cannot hold office. Types of Membership a) Breeder Membership: Open to persons 18 years of age who actively breed. Single
members are entitled to one vote. This will include a banner published on the BBCA website. b) Companion Membership: Open to person 18 years of age or older
who do not actively breed and have a Biewer as a pet or are only fanciers with no pet. Only 1 vote per person. c) Foreign Membership: Open to persons 18 years
or older from outside the United States. All members outside the United States will also be able to vote. d) Family/Household Membership: Family membership
is entitled to vote, member has to be at least 18 years of age. Only one family member may hold office at any onetime.
e) Junior Membership: This is open
to any junior under 18 years of age under the family plan or with the consent and sponsorship of a current member in good
standing. A junior member has no voting rights.
II. Dues Membership dues shall be
set by the Board on a yearly basis for all members, payable on or before the 1st day of January of each year. No member
may vote whose dues are not paid for the current year. During the second week in November, the Treasurer shall send
to each member a statement of his/her dues for the ensuing year. Nonpayment of Dues: No member may vote whose dues are not paid for the current year.
The membership of any member who has not paid his/her dues by February 15th of any calendar year shall lapse. If paid
after February 15th there is a late fee of $10.00.
III. 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 these By-Laws and Constitution, and the Rules of the Club. The application shall carry the endorsement of
two members in good standing as sponsors, who are well known to the applicant. Accompanying the application, the prospective
member shall submit dues payable for the current year. All applications are to be filed with the secretary, and each
applicant's request for membership will be announced and published to the Club membership to allow sufficient time to
elapse for membership to submit a written objection to the secretary on the proposed membership should they wish to.
A secret written ballot will take place to vote on the proposed membership, and the applicant notified in writing in accordance
with the Club's policy and procedures on membership. The name and address of each applicant, the names of each applicant's
sponsors, and a deadline for submitting shall be published in the clubhouse after the application is submitted. Comments
regarding the applicant must be submitted to the Secretary in writing by a member of the Association in good standing.
The deadline for comments shall be 7 days after the publication date in the clubhouse. The Secretary shall provide all
comments to the Board of Directors at the first Board meeting after the deadline for comments. IV. Rejected Applications The sponsor of any applicant whose membership application is rejected by the Board may personally
present the application appeal at the next general meeting of the club. The membership may elect such applicant by secret
ballot and a favorable vote of 75 percent of the members present, in good standing, and voting. V. Termination of Membership a) Membership may be terminated 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. Dues obligations
are considered a debt to the Club, and should be paid up to date of resignation. b) Membership may be terminated by lapsing. A membership will be considered as lapsed
and automatically terminated if such member's dues remain unpaid ninety (90) days after the first day of each fiscal year.
The Board may grant an additional ninety (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. c) Membership may be terminated by Expulsion. A membership may
be terminated by expulsion as provided in Article 7 of the By-Laws. d) The Board of Directors has the right to terminate any membership should member be in
violation of bylaws, code of conduct, and/or breed order.
Article 2 - Fiscal Year The Club's
fiscal year shall begin on the 1st day of January and end on the last day of December. Article 3 - Meetings
I. Club Meetings Meetings of the club
shall be held every month, unless otherwise notified. Notice of such meetings shall be sent out by the secretary at
least ten (10) days prior to the date of the meeting. The quorum for such meetings shall be members in good standing
in attendance. Items voted on must be confirmed in writing within 30 days. II. Board Meetings
Meetings of the Board of Directors shall be held two (2) weeks prior to the regular meeting. Notice of such meeting
shall be sent out up to seven (7) days prior to the scheduled meeting. The quorum for a Board meeting shall be a majority
of the members of the board in attendance. Items voted on must be confirmed in writing within 30 days. III. Special Meetings Special Club meetings may be called by the President, or by a majority
of the members of the Board who are present at a meeting of the Board, and shall also be called by the Secretary upon receipt
of a petition signed by ten (5) members of the club who are in good standing. Such meetings shall be held at a place,
date and hour as to be designated by the Board of Directors. Notice of the meeting shall be sent out by the Secretary
at least seven (7) days prior to the meeting and no other Club business may be transacted. Quorum for such meetings
shall be members in good standing in attendance. Items voted on must be confirmed in writing within 30 days. IV. Immediate Decisions Decisions will not have to be delayed until meetings take place.
Matters that require an immediate decision by the Board of Directors, or General Membership, can be conducted by email, in
writing, by telephone conference or online conference if followed up in writing. The item shall be presented in complete
detail with an attached ballot to vote for or against the item being decided upon. Items affecting the management of
the Club, or expending Club funds, should be voted upon during meetings whenever possible. Items voted on must be confirmed
in writing within 30 days. V. Annual
Meeting The annual meeting of the
Club shall be held in conjunction with a Club Specialty show if possible, at a place, date, and hour designated by the Board
of Directors. Written notice shall be mailed by the Secretary to each member at least 60 days prior to the date of the
meeting. The quorum for the annual meeting shall be a majority of the members in good standing. Article 4 - Board and Officers The administration of the Club and the care and custody of its property shall be vested
in a Board of Directors ( herein after referred to as "the Board"). They shall be elected for two year terms
at the Club's annual elections as provided in Article 5, and shall serve until their successors are elected. I. The Board The Board shall be comprised of the four (4) elected Officers, and four (4) Directors to
include the immediate past President and three (3) Directors, all of whom shall be members in good standing of the Club and
residents of the United States of America.
II. Directors a) The board shall have
four (4) Directors numbered 1,2,3, and 4
b) The immediate past President shall automatically become a regular board member for a period of one (1) year and will be
designated as Director Number 1. (See Article 4, IV b)
III. Officers a) President: The President
shall: . Maintain organizational
leadership and advisement of the board of directors, officers, and committees . Serve as chair of the board of Directors. . Exercise all the duties pertaining to this office in accordance with the bylaws . Order meetings of Club as provided in the
bylaws and preside at all meetings of Club
b) Vice President: The Vice President shall:
. In the event the President is unable or incapable of performing assigned duties, the Vice President of the Club shall
be empowered to perform the President's duties.
. Shall serve as Volunteers Coordinator - Recruit and organize volunteers and committees. Gather and review Monthly
committee reports from Committee chairs and present progress reports at the monthly Board meetings. . Exercise option to sit in on Committee meetings c) Secretary: The Secretary shall: . Keep the records of the club . Conduct all official correspondence of
the Club . Issue notices of
all Board of Directors meetings, General Membership meetings, and Events. . Serve as secretary at meetings to record, file and post meeting minutes. . Maintain a membership database . Accept membership applications and issue
membership cards and keep a membership database with their addresses, phone numbers and email address. . Notifying new members of their election to membership . Announce election results . Keep ballots and the envelopes in which
they were received as part of the Clubs official records. The ballots should be kept until the next election.
For verification purposes the secretary shall recount ballots.
d) Treasurer: The Treasurer shall:
. Be the custodian of all Club funds in accordance with accepted accounting methods. . Receive all funds of Club and deposit to the accounts of Club . Disburse funds as directed by the Board
of Directors, or by the vote of the General Membership
. Maintain adequate and accurate financial records that document the income and disbursement of Club's funds. . Prepare and maintain budgets and tax filing. . Submit all financial records to the internal
auditor annually within 5 months following the end of the Club's fiscal year. . Submit any and all annual reports required IV. Term Limitations
a) Board members shall be elected for a period of two years at the Club's annual election as provided by ARTICLE 5 and
shall serve until their successors are elected. No member may hold any office or combination of offices for more than
three consecutive terms (6years), except as a specified in Section 1 above. After having served for such 6 year period,
a member must remain out of office for a period of one year before again being eligible for election to any office. b) Terms will be staggered so that there will be
continuity on the Board. The President, Treasurer, and Directors 2 and 4 shall be elected in even numbered years.
The Vice-President, Secretary and Directors 1 and 3 shall be elected in odd numbered years. V. Vacancies Any vacancy occurring on the Board or among the Officers during the year shall be filled
until the next annual 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 the Board. VI.
Compensation The members of the board
shall serve without compensation for time or labor but may be compensated for reasonable and necessary expenses. Article 5 - The Club Year, Voting, Nominations,
Elections I. The Club Year The Club year shall begin the first day of January
and end on the 31st day of December. The Club's official year shall coincide with the Club's fiscal year.
The elected Officers and Directors shall take office on January 1st. Each retiring Officer shall turn over to his successor
in office all properties and records relating to that office by February 1. II. Voting
At the annual meeting or at a special meeting of the Club voting shall be limited to those members in good standing who are
present at the meeting except for the annual election of Officers and Directors and amendments to the 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 decision of the members by written ballot cast by
mail. All ballots submitted to the membership and cast by mail must employ the double envelope system as outlined in
the ARTICLE 5, Section IV,d. III.
Nominations A Nominating Committee
and a Tally Committee will be chosen by the board of Directors in September each year, and no person may be a candidate in
a club elections who has not been nominated in accordance with these By-Laws. The nominating committee shall consist
of three general members and tow alternates, all members in good standing, not more than one of who shall be a member of the
current Board of Directors. The Board shall name a Chairman for the Committee. IV. Elections to Office
a) The Nominating Committee shall nominate from among the eligible general members of the Club, a candidate for each office
and for each position on the Board of Directors, and shall procure acceptance of each member so chosen. The slate shall
be reported to members by mail after which additional nominations can be submitted in writing to the Nominating Committee
Chairman by the date designated. b)
No person shall be a candidate for more than one position and the additional nominations, which are provided for herein maybe
made only from those members who have not accepted a nomination of Nominating Committee. c) If no valid additional nominations are received by the designated date, the Nominating
Committee's slate will be considered elected unanimously, and no Balloting will be necessary. d) If one or more additional valid nominations are received, the Nominating
Chairman shall mail to each member in good standing a ballot listing the nominees for each position, in alphabetical order,
together with a blank envelope and a return envelope addressed to the Nominating Committee Chairman, marked "BALLOT"
and bearing the name, address and a line for a signature of the member to whom it was sent. Ballots will be mailed out
by November 1, and must be returned to the Nominating Chairman by December. The Chairperson shall report the election results to the Secretary not later than December 15th.
All ballots and the envelopes in which they were received shall be given to the Secretary who shall keep them for one year
as part of the Clubs official records. The ballots should be kept until the next election. For verification purposes
the secretary shall recount ballots for verification.
1. So that ballots may remain secret, each voter, after marking the ballot shall seal it in a blank envelope, which in turn
shall be placed in the second envelope addressed and mailed to the Nominating Chairman. The Nominating chairman shall
check the unopened outer envelope against the list of members whose dues are paid for the current year, and then remove the
blank envelope and place it in a receptacle. After voting closing date, the blank envelopes are opened and votes counted.
the membership and the elected Officers and Directors shall be notified of election results by December 15. Article 6 - Committees I. Appointing Committees
The Board shall each year appoint such standing sub-committees as needed to advance the operation of the Club or to aid the
board on particular projects. Such sub-committees shall always be subject to the final authority of the Board. II. Terminating Appointed Committees Any sub-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 7 - Discipline I. Preferring
Charges Any member may prefer charges
against another member for alleged misconduct prejudicial to the best interests of the Club or the Biewer Breed. Written
charges with specifics must be filed in duplicate with the Recording Secretary together with a deposit of $25.00 that will
be forfeited if such charges are not sustained by the Board or a committee following a hearing. The Recording Secretary
shall send a copy of the charges to each member of the Board or present them at a Board meeting, and the board shall first
consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests
of the Club or of the Biewer Breed. If the Board considers that the charges do not allege conduct that would be prejudicial
to the best interests of the Club or of the Biewer Breed, it may refuse to entertain jurisdiction. If the Board entertains
jurisdiction of the charges it shall set a date of hearing by the Board or a Committee of not less than three members of the
board, not less than two weeks nor more than four weeks thereafter. The secretary shall promptly send one copy of the
charges to the accused members by registered mail together with a notice of the hearing and an assurance that the defendant
may personally appear in their own behalf and bring witnesses if so desired. II. The Hearing
The Board shall have complete authority to decide 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 compliant and defendant, the Board may, by a majority vote of those present, suspend the defendant from all privileges
of the Club for not more than six (6) months from the date of the hearing. And, if it deems that punishment is insufficient,
it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall not restrict
the defendant's right to appear before his fellow members at the ensuing Club meeting which considered the Board's
recommendation. Immediately after the Board has reached a decision, its findings shall be put in written form and filed
with the Recording Secretary. The Recording Secretary, in turn, shall notify each of the parties of the Board's
decision and penalty, if any. III.
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 II. of this Article. Such proceedings may occur at a regular or special meeting of the
Club to be held within thirty (30) days but not earlier than fourteen (14) days after the date of the Board's recommendation
of expulsion. The defendant shall have the privilege of appearing in his 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 invited
the defendant if present, to speak in his own behalf, if he wishes. The meeting shall then vote by secret ballot of
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 8 - Contracts, Loans, Checks I. Loans
No loan shall be contracted on behalf of the Club, and no evidence of indebtedness shall be issued in its name unless authorized
by resolution of the board of Directors. Such authority may be general or confined to specific instances. II. 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 Club shall be signed by the Club Treasurer, or such agent or employee
of the Club and in such a manner as shall from time to time be determined by the Board. Any purchase over $50 shall
be required to be passed by the Board of Directors before issue.
Article 9 - Amendments I. Proposed
Amendments Amendments to the By-Laws
and to the standard for the breed may be proposed by the board of Directors or by written petition addressed to the Secretary
signed by 20% 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 recommendations of the Board by the Secretary for a vote
within three months of the date when the petition was received by the Secretary. II. Amendments
The By-Laws and the standard for the breed may be amended at any time provided a copy of the proposed amendment has been emailed
by the Secretary to each member accompanied by a ballot on which he/she may indicate his/her choice for or against the action
to be taken. The notice shall specify a date not less than 30 days after the date of the mailing by which date the ballots
must be returned to the Secretary to be counted. The favorable vote of 2/3 of the members in good standing whose ballots
are returned within the time limit shall be required to effect any such amendment. Article 10 - Dissolution
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 the operation of
law, none of the property of the Club or any proceeds thereof nor any assets of the Club shall be distributed to any member
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 11 - Parliamentary Authority
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 rules of order
the Club may adopt. Article 12 - Order
of Business I. Club Meetings At the meeting 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 the President . Report
of the Secretary . Report of
the Treasurer . Reports of Committees . Elections of Officers and Board (at the
annual meeting) . Election of
New Members . Unfinished Business . New Business . Adjournment II. 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 the Minutes
of last meeting . Report of
the Secretary . Report of the
Treasurer . Reports of Committees . Unfinished Business . New Business . Adjournment
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