Bylaws

Heartland Bernese Mountain Dog Club – CONSTITUTION

Section 1. The name of the club shall be: Heartland Bernese Mountain Dog Club

Section 2. Objectives of this Club shall be:

a) To provide education appropriate to the needs of owners, breeders, potential owners and all others with an interest in pure bred Bernese Mountain Dogs.

b) To provide events/gatherings for our members to enjoy the breed and learn about such subjects as drafting, obedience, training, agility, rally, grooming, and overall health of Bernese Mountain Dogs.

c) To do all in its power to protect and advance the interests of the breed by encouraging sportsmanlike competition at dog shows, obedience and rally trials and any event for which the Club is eligible under the Rules and Regulations of The American Kennel Club and at draft tests under the rules of the Bernese Mountain Dog Club of America (BMDCA).

d) To conduct sanctioned drafting trials, dog shows, obedience and rally trials and any other event for which the Club is eligible under the Rules and Regulations of The American Kennel Club and to conduct draft tests under the rules of the Bernese Mountain Dog Club of America.

e) To encourage all members and breeders to accept the standard of the breed as approved by The American Kennel Club as the only standard of excellence by which Bernese Mountain Dogs shall be judged.

f) To do all that is possible to improve the health of the breed; and to encourage and promote quality in the breeding of pure-bred Bernese Mountain Dogs.

Section 3. This club shall not be conducted or operated for profit. No part of any profits from dues or 

donation to the club shall benefit any member or individual

Section 4. Bylaws shall be adopted and may from time to time be revised by the members as         

required to carry out these objectives.

                    Heartland Bernese Mountain Dog Club

BY-LAWS

ARTICLE I

Membership

Section 1. Eligibility:    There shall be two types of membership: Regular and Junior, open to all persons who are in good standing with the American Kennel Club and who subscribe to the purposes of this club. The regular membership is for those persons 18 years of age or over. The Junior membership is for those persons between 10 and 18 who would be entitled to all privileges of the club except those of voting and holding office.

Section 2. Dues: Membership Dues shall be payable in January each year.

A schedule of dues and initiation fees shall be established by the Board of Directors annually and may be changed as necessary. The schedule of dues and initiation fees shall include rates for Regular membership, Household membership, and Junior membership. Applicants for membership after August 1 shall pay half the annual dues. A reduction of the Regular dues shall be given to each additional Regular Member in the household after the first Regular member. Junior membership is at no cost. No club privileges will be honored for any member, not in good standing. The Membership Committee Chair or the Treasurer will notify club members between November and December of the membership dues deadline and request payment by January 31st to avoid delinquency. 

Section 3.          Membership Approval:     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 the Constitution, Code of Conduct, By-Laws, and the rules of the American Kennel Club. With the application, the prospective member shall submit dues payments for the current year. Applicants may be approved by a majority vote of the Board of Directors. Affirmative votes of 3 of the 5 Board member majority for admittance to the Club.

  An application that has received a negative vote by the Board may be appealed by the applicant to the Board, in which case it will be presented at the next General Meeting of the Club. The Club membership may elect such an applicant by a favorable vote of 75% of the members present at the meeting. If membership is denied, the applicant is not eligible to re-apply for one year from the date of denial.

Section 4. Termination of Membership: Membership may be terminated for the following:

  1. 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. 
  1. Lapsed. 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; however, the Board may grant an additional 90 days grace to a delinquent member in meritorious cases. In no such case may a person, whose dues are unpaid as of the date of the meeting, be entitled to vote at any club meeting.
  1. Expulsion. A membership may be terminated by expulsion as provided in Article VI of these By-Laws.

ARTICLE II

Meetings

Section 1. Club Meeting: Meetings of the Club (referred to as General Meetings) shall be held via zoom at a time and location designated by the Board. Written notice of each meeting shall be communicated via e-mail, website posting, or other social media in use at the time, at least 10 days prior to the date of the meeting.

Section 2. Election Meeting:     An election meeting shall be held on or after December 1 and before December 16 at a place, date, and hour designated by the Board of Directors for the sole purpose of counting ballots, in accordance with Article IV, Section 3.

Section 3. Special Club Meetings:    Special Club Meetings may be called by the President, by a majority vote of the Board who are present at a meeting of the Board, or called by the Secretary upon receipt of a petition signed by 5 of members of the Club in good standing. Such meetings shall be held at such place, date, and hours as may be designated by the Board of Directors. Written notice of such meeting shall be provided by the Secretary at least 10 days and not more than 30 days prior to the meeting. The notice of the meeting shall state the purpose of the meeting and no other Club business may be transacted. 

ARTICLE III

Directors and Officers

Section 1. Board of Directors: The Board shall be comprised of the President, Vice President, Secretary, Treasurer, and Director, all of whom shall be members in good standing with residency in the United States. They shall be elected for 2-year terms beginning January 1st at the Club’s election meeting as provided in Article IV. 

General management of the Club’s affairs shall be entrusted to the Board of Directors.  Any Board member missing 3 meetings in a year may be removed by a majority vote of the Board for non-performance.

Section 2. Officers:     The Club’s officers, consisting of the President, Vice President, Secretary, and Treasurer shall serve in their respective capacities both with regard to the Club and its meetings and the Board and its meetings.

  1. The President shall preside at all meetings of the Club and the Board and shall have duties and powers normally pertinent to the office of the President in addition to those particularly specified in these By-Laws.
  1. The Vice President shall have the duties and exercise the powers of the President in case of the President’s death, absence, or incapacity.
  1. The Secretary shall keep a record of all meetings of the Club, of the Board, and of all votes taken, and of all matters of which a record shall be ordered by the Club. S/he shall have charge of the correspondence, notify members of the meetings, notify Officers and Directors of their election to the office, maintain addresses on a roster, and carry out such other duties as are prescribed by these By-Laws.
  1. The Treasurer shall collect and receive all monies due or belonging to the Club. S/He shall deposit the same in a bank approved by the Board and shall report to the Board at every meeting the condition of the Club’s finances and every item of receipt or payment not previously reported; s/he shall render an account of all monies received and expended during the previous fiscal year. The Board may elect on an annual basis to have the Treasurer’s accounting reviewed by someone other than the Treasurer.

Section 3. Vacancies:      Any vacancies 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 the vacancy in the office of President shall be filled automatically by the Vice President for the remainder of the term, and the resulting vacancy in the office of the Vice President shall be filled automatically by a majority vote of the Board.

ARTICLE IV

The Club Year, Voting, Nominations, Elections

Section 1. The Club’s fiscal year shall begin on the 1st day of January and end on the 31st day of December. The Club’s official year shall begin the first day of January and continue through December 31. The elected Officers and Directors shall take office on January 1st, and each retiring officer shall turn over to his/her successor in office all properties and records relating to that office by January 15th.

Section 2. Voting:    Shall be limited to those members in good standing who are present at a meeting, except for the annual election of Officers and Directors and amendments to the Constitution and By-Laws which shall be decided by written ballot. Voting by proxy shall not be permitted. The Board of Directors may decide to submit other specific questions for decision by the members by written ballot.

Section 3. Annual Election: At the meeting for the election of Officers and Directors, the vote shall be conducted by ballot. Ballots to be valid must be received by the Secretary or the Chief Inspector if the Secretary is on the ballot on or before November 20th. Ballots shall be counted at the meeting by three inspectors of election who are members in good standing and who are neither members of the current Board nor candidates on the ballot. The person receiving the largest number of votes for each position shall be declared elected. If any nominee at the time of the meeting 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. The Nominating Committee shall be chosen by the Board by June 30. The Committee shall consist of three members in good standing, no more than one of whom may be a member of the current Board.

  1. The Nominating Committee members will be publicly announced to the membership by August 1st through any communication vehicle in use by the Club.
  1. The Nominating Committee shall poll each member of the Board whose term is expiring to determine if they are willing to continue service on the Board. The Nominating Committee will further interview all candidates and a variety of club members to evaluate candidates before considering their slate.
  1. The Nominating Committee shall nominate from among the eligible members of the Club, one candidate for each office (officers) and for each other position on the Board of Directors, and shall procure the acceptance of each nominee so chosen. The Committee shall then submit its slate of candidates to the Board of Directors and once validated, send it to the Newsletter Editor, who shall notify the membership of the Club on or before September 30, so that additional members may run for office if they so desire.
  1. Additional nominations of eligible members may be made by written and signed statement addressed to the Secretary and received by e-mail or mail on or before October 15th. The nominee must sign the nomination declaration to signify his/her willingness to serve on the Board. No person shall be a candidate for more than one position, and the additional nominations provided for therein may be made only from among those members who have not accepted a nomination of the Nominating Committee.
  1. If no valid additional nominations are received by the Secretary on or before October 15, the Nominating Committee’s slate shall be declared elected and no election meeting and no balloting will be required.
  1. If one or more valid additional nominations are received by the Secretary on or before October 15th, each valid nominee to be included on the ballot shall have the opportunity to submit for inclusion with the ballot answers to 3 questions prepared by the Board of Directors and provided to each candidate after October 15th. The Secretary shall on or before November 1st mail to each member in good standing a ballot listing all the nominees for each position in alphabetical order, together with nominee Q&A, a blank envelope, and a return envelope addressed to the Secretary, or Chief Inspector if the Secretary is on the ballot, marked “Ballot”, and bearing the name of the member to whom it was sent. So the ballots may remain secret, each voter, after marking his/her ballot, shall seal it in the blank envelope which in turn shall be placed in the return envelope addressed to the Secretary or Chief Inspector. The inspectors of the election shall check the ballots received against the list of members whose dues are paid for the current year (current roster) prior to opening the outer envelope and shall certify the eligibility of the voters as well as the results of the voting.
  1. The results of the voting shall be immediately delivered to the Board of Directors and each candidate, and further announced to the Club membership in any form in use by the Club.
  1. Inspectors of Election shall be appointed by the Board and comprised of three (3) Club members who are not on the ballot for election. The Inspectors are responsible for counting the ballots and certifying all results between December 1st and December 15th.

ARTICLE V

Committees

Section 1. The Board may each year appoint standing committees subject to their final authorization to advance the work of the club in such matters as dog shows, dog performance trials, dog rescue, obedience trials, trophies, annual prizes, membership, and other fields which may well be served by committees.

Section 2. 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 positions whose service has been terminated.

Section 3 Any work product developed or provided by Club members for the benefit of the Club constitutes Club property including, but not limited to, websites, newsletters, brochures, flyers and banners and all products are to be retained by the Club.

ARTICLE VI

Discipline

Section 1. American Kennel Club Suspension – Any member who is suspended from the privileges of the AKC shall automatically be suspended from the privileges of this club for the concurrent time frame as set by the AKC or BMDCA. The member is required to notify the Club Secretary of the AKC or BMDCA disciplinary actions once finalized.

Section 2. Charges – Any member may prefer charges against another 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 Secretary together with a deposit of $20 which shall be forfeited if such charges are not sustained by the Board or a Committee following a hearing. The Secretary shall promptly send a copy of the charges to each member of the Board or present them at a Board Meeting, and the Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of the Club or the breed. If the Board considers that the charges do not allege conduct that would be prejudicial to the 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 hearing by the Board or an independent Committee of 3 club members, and should a Board conflict exist, not less than three weeks or more than six weeks thereafter. The Secretary shall promptly send one copy of the charges to the accused member by registered mail together with the notice of the hearing and an assurance that the defendant may personally appear in his/her defense and bring witnesses if he/she wishes.

Section 3. Board Hearing – The Board or Committee 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 evidence and testimony presented by the complainant and defendant, the Board or Committee may, by a majority vote of those present, reprimand or suspend the defendant from all privileges of the Club for a defined period of time from the date of the hearing. And if it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall not restrict the defendant’s right to appear before his/her fellow members at the ensuing Club meeting which considers the recommendation of the Board or Committee. Immediately after the Board or Committee has reached a decision, its findings shall be put in written form and filed with the Secretary. The Secretary in turn shall notify each of the parties of the decision and penalty if any.

Section 4. Expulsion – Expulsion of a member from the Club may be accomplished only at a meeting of the Club following a Board hearing and upon the Board’s or Committee’s recommendation as provided in Section 3 of this Article. Such proceedings may occur at a regular or special meeting of the Club to be held within 60 days but not earlier than 30 days after the date of the Board’s recommendation of expulsion. The defendant shall have the privilege of appearing on his/her own behalf, though no evidence shall be taken at this meeting. The President shall read only the charges and the findings and recommendation and shall invite the defendant, if present, to speak on his/her own behalf if s/he wishes. The members shall then vote by secret ballot on the proposed expulsion. A quorum of 20% of voting members is necessary. 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 VII

Amendments

Section 1. Amendments to the Constitution and By-Laws may be proposed by the Board of Directors or by written petition addressed to the 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.

Section 2. The Constitution and By-Laws may be amended at any time provided a copy of the proposed amendment has been provided by the Secretary to each member and a 30-day comment period is initiated in which members may indicate their choice for or against the action to be taken using a consistent communication mechanism chosen by the Board and communicated to the membership (e.g., by mail, written survey, online discussion group, social media, etc.). The notice shall specify a date that comments must be submitted to the Secretary to be counted. Dissenting or objecting comments from no more than 1/3 of members in good standing are required to allow proposed amendments to be enacted.

ARTICLE VIII

Dissolution

Section 1. The Club may be dissolved at any time by the written consent of not less than 2/3 of the members. In the event of the dissolution of the Club other than for purposes of reorganization, whether voluntary or involuntary, or by operation of law, none of the property of the Club nor any proceeds thereof nor any assets of the Club shall be distributed to any members of the Club, but after payment of the debts of the Club, its property and assets shall be given to a charitable organization for the benefit of dogs, selected by the Board of Directors.

ARTICLE IX

Order of Business

Section 1. At the general meetings of the Club, the order of business so far as the character and nature of the meeting may permit shall be as follows:

  1. Roll Call
  2. Report of President
  3. Report of Secretary
  4. Report of Treasurer
  5. Report of Committees
  6. Unfinished business
  7. New Business

Section 2. At the meeting of the Board, the order of business, unless otherwise directed by the President, shall be as follows.

  1. Approve minutes of Last Meeting
  2. Report of Secretary
  3. Report of Treasurer
  4. Report of Committees
  5. Unfinished business
  6. Events
  7. New business
  8. Adjournment

Section 3. Order of Business – At meetings of the club, Robert’s Rules of Order shall be followed to the extent they are not inconsistent with these By-Laws.