THE DOGO ARGENTINO CLUB OF AMERICA
CONSTITUTION AND BYLAWS
CONSTITUTION
Article I
Name and Objectives
Section 1: Name. The name of the club shall be Dogo Argentino Club of America - herein after The Club or DACA.
Section 2: Objectives.
The objectives of the club shall be to:
a) To encourage high quality and responsible breeding of the Purebred Dogo Argentino and to do all that is possible to bring the form and function into the harmony in which it was originally created;
b) Educate members and non-members alike about ownership of the Dogo Argentino breed.
c) To encourage a spirit of fellowship and support among club members and the Dogo community;
d) Urge members and breeders to accept the Standard of the breed as approved by The American Kennel Club (herein after AKC) as the only Standard of excellence by which Dogo Argentino shall be judged;
e) Encourage the organization of independent local specialty clubs in those localities where there are sufficient fanciers of the breed to meet the requirements of The American Kennel Club;
f) Do all in its power to protect and advance the interests of the breed and to encourage sportsman-like competition at all events held under AKC Rules and Regulations;
g) Conduct sanctioned matches, and any other event for which the club is eligible, under the Rules and Regulations of The American Kennel Club.
h) Support and promote rescue efforts of abandoned, abused, or displaced Dogo Argentinos.
Section 3: Financial Conduct. The club shall not conduct or operate for profits and no part of any profits or remainder of residue from dues or donations shall inure to the benefit of any member(s) or individual(s). No part of the net earnings of the DACA shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the DACA Board of Directors and Officers shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Section 2 hereof. No substantial part of the activities of the DACA shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Not withstanding any other provision of these articles, DACA shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code as designated and approved by the Internal Revenue Service, or the corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
Section 4: Constitution and Bylaws. The members of the Dogo Argentino Club of America shall adopt and may from time to time revise the Constitution as may be required to carry out the objectives of the organization.
Section 5: Standing Rules. The Board of Directors of the Club may adopt standing rules as necessary for the efficient and effective operation of the Club. Such rules shall be consistent with these by laws. Standing rules shall be published for review and reference by full membership of the DACA.
BYLAWS
Article I
Membership
Section 1: Eligibility.
Membership is open to all individuals who subscribe to the objectives of the Dogo Argentino Club of America. There shall be five (5) types of membership, open to all persons 18 years of age and older who are in good standing with The American Kennel Club and who subscribe to the purposes of this club.
a) Individual – enjoys all club privileges including the right to vote and hold office.
b) Household Membership – two (2) adult members residing in the same household, each eligible to vote and hold office.
c) International Membership – for those individuals who are not U.S. residents (or its territories and possessions). International members shall be entitled to all club privileges except voting and holding office. International Members may serve on committees or as a committee chair.
d) Regional Affiliate Club Membership – A membership option open to regional Dogo Argentino clubs located in the United States. Regional Affiliate Clubs may not hold office or serve on committees but are entitled to one (1) vote. They are entitled to be represented at meetings by one (1) representative who must also be a DACA member in good standing.
e) Honorary Membership – can be given under special circumstances to an individual who has made significant contributions to the Breed or the Club and is proposed by any member to the Board of Directors and given majority vote of the Board of Directors. The Board may grant honorary membership for up to one year. A Lifetime Honorary Membership (non-expiring) may be proposed and voted on by the membership at the Annual Meeting of the Club. A 2⁄3 vote of those present and voting at the Annual Meeting shall be necessary in order to grant a Lifetime Honorary Membership. Honorary members do not enjoy voting or office holding privileges.
f) Junior – for minors under the age of 18 years without voting rights.
Section 2: Dues.
Membership dues are as follows:
a) Individual – As noted on current membership application. One voting right.
b) Household – $35 per year or as noted on current membership application.
c) International – As noted on current membership application. No voting rights.
d) Affiliate Club – As noted on current membership application. No voting rights.
e) Honorary – No dues. No voting rights.
f) Junior – No dues. No voting rights.
Membership dues shall not exceed $100.00 per year, payable on or before the 1st day of February of each year. No member may vote whose dues are not paid for the current year. During the month of December, each member shall be sent a statement of his dues for the ensuing year. Members who join throughout the year shall pay prorated dues. Fifteen percent (15%) of each membership dues amount, rounded to the nearest dollar, will go into a rescue fund to be donated annually to a rescue organization selected by the Board of Directors.
Section 3: Election to Membership.
a) Each applicant for membership shall apply on the form approved by the Board of Directors available on the www.dogousa.org website. An applicant may also request the Corresponding Secretary send a membership application via mail or email. A prospective member shall submit prorated dues for the current year as determined and invoiced by the Treasurer.
b) Each applicant shall agree to abide by these bylaws, and The Rules and Regulations of The American Kennel Club and AKC’s Code of Sportsmanship.
c) Each applicant shall have a ninety (90) day probationary period, during which time they will not have voting rights.
d) Each applicant shall be approved or rejected by a majority vote of the Board of Directors within thirty (30) days of submission.
e) Any applicant who has been rejected will be provided a written notice of non-majority vote of the Board of Directors. The applicant has the right to appeal to the Board of Directors in writing within thirty (30) days to request a review by the board and a vote of the full membership of the club at the next annual meeting of the club. The Board of Directors will review the appeal and respond within thirty (30) days of receipt of written appeal to confirm vote of membership will take place at the next annual meeting of the club.
f) Any applicant who has been rejected for membership by the board of directors and has filed an appeal in accordance with Article 1, Section 3(e) of these bylaws will have their membership application subjected to a vote at the next annual meeting of the club and the members may elect such applicant by secret ballot and a favorable vote of 75% of the members present and voting. Applicants for membership who have been rejected by the club may not reapply within 12 months after such rejection.
Section 4: Obligations of Membership.
a) Conduct. Membership in DACA is not a right, but a privilege. Deliberately causing or attempting to cause harm to the reputation of DACA or its membership will not be tolerated. While members are not prohibited from supporting or being members in other dog clubs, members that choose to do so must take special care to avoid causing damage to DACA and its membership.
b) Terms of Use. By registering for and/or using DACA’s website, members only forum, and any other DACA internet page or forum all members must adhere to the current published terms of use. Failure to adhere to terms of use may result in sanctions according to Article I, Section(d) of these bylaws.
c) Proprietary Club Information. Information provided by DACA to its members and not otherwise made public is considered confidential and proprietary. Members shall not disseminate any proprietary club information without the express approval of the Board of Directors. Proprietary club information includes, but is not limited to; the DACA newsletter, club meeting minutes, member passwords, as well as any information, documentation or photographs posted by the club or its members in the DACA members only forum.
d) Remedy for Violation. The remedy for violation of this section shall include all appropriate sanctions up to and including expulsion. Violations shall be determined on a case by case basis, after review pursuant to Article VIII, and will take into account the severity of the violation and all surrounding circumstances.
Section 5: Termination of Membership.
Memberships may be terminated:
a) by resignation. Any member in good standing may resign from the club upon verifiable written notice to the Corresponding Secretary; but no member may resign when in debt to the club. Obligations other than dues are considered a debt to the club and must be paid in full prior to resignation.
b) by lapsing. A membership will be considered as lapsed and automatically terminated if such member’s dues remain unpaid 90 days after the due date specified in Article I, Section 2 of these bylaws; however, the board may grant an additional thirty (30) days of grace to such delinquent members in meritorious cases. In no case may a person be entitled to vote whose dues are unpaid.
c) by expulsion. A membership may be terminated by expulsion as provided in Article VII of these bylaws.
ARTICLE II
Members Meetings
Section 1: Meetings Definition.
Meetings are defined as gatherings where attendees see and/or hear each other. This includes meeting in person “physically” in the same room or conducting a meeting by video conference or teleconference.
Section 2: Annual Meeting.
The annual meeting of the Club shall be held in conjunction with the Club's National Specialty Show if possible or during the months of February, March, or April. If the annual club meeting is not held in conjunction with the Club’s National Specialty Show, the specific place, date, and hour will be designated by the Board of Directors. Annual meeting time and place will be publicly posted and sent to each member individually at least thirty (30) days prior to the date of the meeting. The annual meeting may be held by virtual, electronic, teleconference, videoconference means or other available technology whereby all participants can hear each other. Notice of the annual meeting shall be sent by the Corresponding Secretary in any manner prescribed by the laws of Oklahoma in which the club is incorporated to each member at least thirty (30) days prior to the date of the meeting. The quorum for the annual meeting shall be 20% of the members in good standing.
Section 3: Special Club Meetings.
Special club meetings may be called by the President; or by a majority vote of the members of the board; or shall be called by the Secretary upon receipt of a petition signed by 10% 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. Such meeting may be held by virtual, electronic, teleconference, videoconference means or other available technology whereby all participants can hear each other. Notice of such meeting shall be sent by the Corresponding Secretary in any manner prescribed by the laws of Oklahoma in which the club is incorporated at least seven (7) days and not more than thirty (30) days prior to the meeting. The notice of the meeting shall state the purpose of the meeting and list agenda items. The quorum for such a meeting shall be 10% of the members in good standing.
ARTICLE III
Board Meetings and Business
Section 1: Board Meetings.
The first meeting of the board of directors shall be held as soon as possible following an election with at least seven (7) days notice to the incoming board. Regular meetings of the board of directors shall be held at such times and places in person or via telephone conference call or via video conference as are designated by the President or by a majority vote of the entire board. Notice of each meeting shall be sent by the Corresponding Secretary in any manner prescribed by the laws of Oklahoma in which the club is incorporated to each member of the board at least seven(7) days prior to the date of the meeting. The quorum for a board meeting shall be a majority of the board. The quorum shall consist of a majority of unrelated members of the board.
Section 2: Club Business.
The Board of Directors may conduct business including disciplinary hearings and voting through the following avenues of communication: in person, regular mail, e-mail, chat, teleconference, or videoconference. Participation through such means will constitute a presence by individuals participating.
In order for business to be conducted by e-mail or other virtual means the following precautions must be in place:
a) Every board member must be provided with the means to participate.
b) A procedure must be in place to verify the identity of the individuals participating to ensure that they are the eligible board members i.e.: a club issued email account.
c) A mechanism must be in place to verify that all eligible board members are “listening”
d) All board members must agree to participate in this manner.
All action taken and items voted on through any means of communication will be recorded and confirmed in writing to the Board of Directors by the Recording Secretary.
ARTICLE IV
Directors and Officers
Section 1: Board of Directors.
The Board of Directors for the DACA shall be comprised of five (5) officers including, President, Vice President, Recording Secretary, Corresponding Secretary and Treasurer and three (3) or more General Board Directors based on the size and needs of The Club, who are residents of the United States.
All directors shall be elected for a two (2) year term as provided in Article V, or until their successors are elected. Terms shall begin first day of January following the election. No person shall hold a Board Officer position for more than two (2) full consecutive terms. If a Board Officer, after exhausting their tenure wishes to return to the board, the person may remain a member of the board as a general board member for two (2) years before again being elected to a board officer position.
The Board will be equally comprised of hunters, exhibitors, and companion owners. General management of club affairs and business shall be entrusted to the board of directors, all of whom have equal authority and one vote. No member of the Board may make unilateral decisions regarding club policy. Board Members will conduct themselves as ethical, proper representatives of the Club and breed in all situations concerning the same. All Board of Directors members will be DACA members in good standing.
All DACA documents, accounts, and materials must be sent to/signed over to the successor or the President within thirty (30) days of retirement, resignation, or dismissal. All members of the Board of Directors must attend a minimum of 50% of scheduled Board meetings. Board members with excessive absences (over 50%) may be replaced in accordance with the procedure outlined in Section 4 of this Article.
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. The duties of each officer, includes but is not limited to the following:
a) The President shall preside at all meetings of the DACA and shall have the duties and powers appurtenant to the office of President. Including but not limited are the following: Represents and speaks for the DACA to the public at large; supervises all activities of the DACA and presides at all meetings. When presiding at meetings the President must uphold and enforce these principles: keep order, be fair, and be impartial, and protect the rights of all members. With respect to voting, the President will vote on all ballot issues and in case of a tie, the president shall consider the issue and make a judgment.
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. The Vice President is also to act as President, temporarily, when the President requests to step down from the chair, in order to debate an issue. The Vice President shall have the additional responsibility of overseeing standing and special committees.
c) The Recording Secretary shall maintain a record of all meetings of the club, of the board, of all votes taken and of all matters which a record shall be ordered by the club.
d) The Corresponding Secretary shall be in charge of the correspondence and club archives, notify members of meetings, receive and submit all new membership applications to the board for approval according to procedures outlined in these bylaws, notify new members of their election to membership, notify officers and directors of their election to office. The Corresponding Secretary shall maintain a roll of names, and all pertinent contact information of all the members of the club. The board of directors will have access to full membership rolls along with each member's contact information. A list of all members in good standing with length of membership and state of residence shall be made available to the full membership of the club, not more than once every club year.Club membership rolls shall be supplied to the AKC as required.
e) The Treasurer shall collect and receive all funds due or belonging to the club. Funds 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 by the board and a report shall be given at every board meeting of the condition of the club’s finances and every item of receipt or payment not before reported; and at the annual meeting an accounting shall be rendered of all funds received and expended during the previous fiscal year.
Section 3: General Board Directors.
The duties of each general board director will be assigned by the board of directors as necessary.
Section 4: Vacancies.
Any officer position vacancy occurring will be filled by a general director with a majority vote of the members of the board at the first regular meeting following the creation of such vacancy, or at a Special Board Meeting called for the purpose.
General director vacancies will then be replaced with members in good standing within the United States of America, during the next regular election cycle or sooner if deemed necessary by the board of Directors. There shall always be a minimum of one (1) general director remaining on the board. The exception to this vacancy is with the President's position, which will automatically and immediately be filled by the Vice President or an Interim President if the Board of Directors has voted unanimously to do so.
Any retiring, resigning, or dismissed members of the Board of Directors, must send all DACA Documents and materials, to their successor, or the President within thirty(30) days, the DACA will pay postage for the return of all club related documents and materials.
ARTICLE V
Club Year, Voting, Nominations & Elections
Section 1: Club Year.
The club’s fiscal year shall begin on the 1st day of January and end on the last day of December. The elected officers and directors shall take office on the first day of January following the election.
Section 2: Voting.
At the annual meeting or at a special meeting of the club, voting on shall be limited to those members in good standing who are present at the meeting, except for the election of officers and directors and amendments to the constitution and bylaws and the amendments to the Standard for the breed, which shall be decided by secret ballot conducted in any manner provided for by the laws of Oklahoma in which the club is incorporated - written ballot cast by mail or by electronic balloting by an independent firm in accordance with State Law and AKC policy. Voting by proxy shall not be permitted. The board of directors may also submit other specific questions for decision of the members by secret ballot. Elections will be held on an annual basis. All Directors will be seated for a term of two years. Elections will be held on a staggered basis. On odd numbered years the President, Treasurer, Corresponding Secretary and the odd numbered General Directors will be elected. On even numbered years the Vice President, Recording Secretary and even numbered General Directors will be elected.
Section 3: Election Committee.
During an election year, an Election Committee shall be chosen by the board of directors before September, 1st. The committee will be responsible for the nomination and election process. The committee shall consist of five (5) club members in good standing, preferably from different areas of the USA, no more than two (2) of whom may be a member of the current board of directors. The board shall name a chairman for the committee. The Election Committee may conduct its business as outlined in Article III, Section 2 of these Bylaws.
Election Committee members and their family members cannot be candidates on the ballot. Election Committee members must be club members in good standing and be approved by majority vote of the Board of Directors. In lieu of an Election Committee, The Board may decide to designate an independent professional firm to send, receive, and count the ballots.
Section 4: Nominations and Ballots.
No person may be a candidate in a club election who has not been nominated in accordance with these bylaws.
a) The Election Committee shall nominate from among the eligible members of the club, one candidate for each office and for each position on the board of directors and shall procure the acceptance along with a short bio or resume, in writing, of each nominee so chosen. The committee should consider geographical representation of the membership on the board to the extent that it is practicable to do so. The committee should also choose candidates so the disciplines of hunting, conformation, companion ownership are equally represented and also ensure a minimum of two candidates participate in hunting with their Dogo(s). The committee shall then submit its slate of candidates to the Corresponding Secretary, who shall send and publish the list to the membership of the club, including the full name of each candidate and the name of the state in which they reside along with the short bio or resume submitted by the candidate, on or before October 1st, so that additional nominations may be made by the members if they so desire. The notice will also include the total number and names of paid voting members in good standing as of that date, so that members who nominate additional candidates will be able identify eligible members in good standing.
b) Additional nominations of eligible members may be submitted in writing via mail or email, addressed to the Corresponding Secretary and postmarked or time stamped on or before October 31st, and accompanied by the written acceptance of each such additional nominee signifying his/her willingness to be a candidate along with a short bio or resume. If the Corresponding Secretary is an opposed candidate in the election and the board does not utilize an independent professional firm, the board shall designate another officer or director who is not a candidate in the election to send the final slate to the membership, and receive ballots for tabulation applicable to subsection 4(d).
c) If no valid additional nominations are received or postmarked on or before October 31st, the Nominating Committee’s slate shall be declared elected and no balloting will be required.
d) If one or more valid additional nominations are received on or before October 31st, the Corresponding Secretary or an independent professional firm designated by the board shall, on or before November 15th, send to each 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 along with a short bio or resume submitted by each nominee. All votes must be received by December 10 th. Election results will be announced on or before December 15th.
e) Voting may be conducted via electronic balloting in accordance with AKC’s procedure on electronic balloting for AKC Parent Clubs and Oklahoma State Law. Such balloting must be conducted by an independent organization which specializes in electronic balloting. A member must sign a written authorization agreeing to this method of balloting, which is revocable, which agrees to release the club from any liability should the ballot be received late or not received by the member, due to circumstances beyond the club's control. Members not providing written authorization will continue to receive all materials via USPS as provided for in subsection (4f).
f) Voting by mail shall be carried out as follows: A ballot 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 ballots may remain secret, each voter, after marking their ballot, shall seal it in the blank envelope, which in turn shall be placed in the second envelope and return it in accordance with the directions provided addressed to the Corresponding Secretary (or designated professional firm).
g) All ballots received whether electronic or mail will be sent by the Corresponding Secretary to the Election Committee or designated professional firm for inspection and counting. The Election Committee 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 as well as the results of the voting, which shall be announced by the Board of Directors by mail or electronic means in accordance with Oklahoma State Law and AKC policy.
h) Nominations cannot be made in any manner other than as provided above.
ARTICLE VI
Committees
Section 1: Committees.
The board may, each year, appoint standing committees to advance the work of the club in such matters as hunting, dog shows (i.e.: field trials, obedience trials, etc.), trophies, annual prizes, health, and other fields which may well be served by committees to assist the board in carrying out club business. The Vice President will oversee each standing committee and committee chairs shall report to the Vice President. The chairs of these committees will be voted on by the board of directors at the recommendation of the vice president. Some committees will be assigned a general director of the board in order to advance the specialized work of that committee per Article IV, Section3. Special or ad hoc committees (i.e.: Election Committee, Bylaw Committee) may also be appointed by the board to aid it on particular projects and may or may not be overseen by the Vice President. All committees shall always be subject to the final authority of the board.
Section 2: Appointment.
Any committee appointment may be terminated by a majority vote 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. AKC Delegate.
The American Kennel Club delegate must be a member in good standing of the DACA. The delegate shall be appointed by the Board of Directors for a period of 3 years, with an unlimited number of terms permitted, and shall take charge of the office in the manner prescribed by the Board and the American Kennel Club. Among other duties, the Delegate shall attend and report to the Club all actions and matters discussed at the American Kennel Club Quarterly Delegate meetings. The American Kennel Club Delegate may be, but shall not be required to be, a member of the Board with voting privileges. In the event of a vacancy of the AKC Delegate, the club must apply to the office of the AKC Executive Secretary for approval of Delegate credentials.
ARTICLE VII
Affiliate clubs
The purpose of this Article is to promote participation in breed-related activities by owners of Dogo Argentinos in local clubs in regional areas.
Section 1: Membership.
Each regional affiliate club requesting membership in the DACA must subscribe to and agrees to be governed by all applicable articles of the bylaws and code of ethics of the DACA, as approved by the Board of Directors and adopted by the membership of the DACA. Affiliate clubs must acknowledge, adhere to, and teach only from the approved breed standard of the Dogo Argentino which is current and published with AKC as supplied by DACA.
Affiliate clubs may apply for membership in the DACA in the manner set forth in Article I of these bylaws, except that affiliate clubs are not subject to a 90-day probationary period.
Joining the DACA as a Regional Affiliate Club is not required in order to become a fully licensed AKC regional club.
Section 2: Dues.
Annual dues are payable the same time as dues of all other membership types of the DACA and follow the same rules as set forth in Article I, Section 2 of these bylaws.
Section 3: Rights and Privileges of Membership.
Regional Affiliate Clubs may not hold office or serve on committees but are entitled to one (1) vote. They are entitled to be represented at meetings by one (1) representative who must also be a DACA member in good standing. Regional Affiliate Clubs may also request permission to send a representative to attend a Board Meeting to present an issue for the agenda if necessary. The affiliate club shall receive all mailings and newsletters via its club Secretary. News of affiliate club events may be submitted to DACA’s board to be published to the members of DACA in its publications and/or on its members only forum.
ARTICLE VIII
Discipline
Section 1: American Kennel Club Suspension.
Any member who is suspended from any of the privileges of The American Kennel Club or any other breed 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 with the Recording Secretary together with a deposit in an amount published by the Board, not to exceed $100, which shall be forfeited if such charges are not sustained by the board. Should charges be sustained by the board, the deposit will be returned to the complainant.
Disciplinary hearings may be held via telephone or video conference call or any other method permitted by the laws of Oklahoma in which the club is incorporated. The Recording 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 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. The board may conduct a preliminary investigation into the charges and may also conduct pre-disciplinary hearing(s) in order to determine if a disciplinary hearing is warranted. If after investigation, the board entertains jurisdiction of the charges, it shall fix a date of a disciplinary hearing not less than 21 days or more than 42 days after the conclusion of the investigation by the board. The Recording Secretary shall promptly send one copy of the charges and notice of disciplinary hearing to the accused member via certified mail, email, or any other method permitted by the laws of Oklahoma in which the club is incorporated together with a notice of the hearing and an assurance that the defendant may personally appear in his/her own defense and bring witnesses if he/she wishes.
Section 3: Board Hearing.
DACA disciplinary hearings are not judicial hearings, but rather internal administrative hearings used to address inappropriate member behavior in the club. Disciplinary hearings may be held in any manner the board deems necessary which is not prohibited by state law or these bylaws.
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 complainant and defendant, the board may by a majority vote of those present issue penalty a reprimand, probation, or suspend the defendant from all privileges of the club for not more than six (6) months from the date of the hearing, or until the next annual meeting if that will occur after six (6) months. And, if it deems that punishment insufficient, the board 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/her fellow members at the ensuing club meeting, which considers the recommendation of the board. Immediately after the board has reached a decision, its findings shall be put in written form by the Recording Secretary. The Recording 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 at the annual meeting of the club or a special membership meeting called solely for the purpose, following a hearing and upon the recommendation of the board or board committee as provided in Section 3 of this Article. The defendant shall have the privilege of appearing on his/her own behalf, though no evidence shall be taken at this meeting. The President or Chair shall read the charges, the findings, and recommendations, and shall invite the defendant, if present, to speak on his/her own behalf. The members shall then vote by secret ballot on the proposed expulsion. A 2⁄3 vote of those present and voting at the annual meeting or special meeting shall be necessary for expulsion. If expulsion is not so voted, the suspension shall stand.
ARTICLE IX
Amendments
Section 1: Amendments.
Amendments to the constitution and bylaws or breed standard may be proposed by the board of directors or by written petition addressed to the Corresponding Secretary signed by 20% of the membership in good standing. Amendments to the bylaws proposed by such a petition shall be promptly considered by the board of directors and must be submitted by the Corresponding Secretary, to the members, with recommendations of the board for a vote within three months of the date when the petition was received by the Corresponding Secretary. Proposed amendments to the standard for the breed must be submitted by the Corresponding Secretary, to the members, with recommendations of the board for a vote following the procedures established by the AKC Board of Directors.
Section 2: Notice and Vote.
The constitution and bylaws may be amended at any time (or the standard for the breed in accordance with AKC policies), provided a copy of the proposed amendment has been sent by the Corresponding Secretary to each member in good standing. Amendments shall be decided by secret ballot conducted in any manner provided for by the laws of Oklahoma in which the club is incorporated such as written ballot cast by mail or by electronic balloting by an independent firm in accordance with State Law and AKC policy. Voting by proxy shall not be permitted. The board of directors may also submit other specific questions for decision of the members by secret ballot. Notice of such a vote shall specify a date not less than thirty (30) days after the date received or 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.
Section 3: AKC Approval.
“No amendment to the constitution and bylaws (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 X
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 good standing. 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 unless otherwise prohibited by law.
ARTICLE XI
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 bylaws and any other special rules of order the club may adopt.
DACA BOD Approved 12/7/23