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(Webmaster's Note: Not all of the formatting of the officially approved ACTFA Constitution and By-Laws could be reproduced
in the following. The properly formatted document is available HERE.)
American Cesky Terrier Fanciers Association Constitution
Article I
July 2007,
The ACTFA Board of Directors voted to hold a "Membership Drive" Until further notice there
will NOT be the two sponsorship signatures required for "Associate Memership". An Associate Membership application
will continue to be reviewed as stated in the ACTFA Constitution and By-Laws with the exception of the two Sponsorship requierments.
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Section 1. The name of the Club shall be: The
American Cesky Terrier Fanciers Association
Section 2. The American
Cesky Terrier Fanciers Association shall hereafter be referred to as the Club. Section 3. Officers or locations for the transaction
of business shall be at such places as the Board of Directors determines. Section 4. The objects
of the Club shall be: (a) To encourage and promote quality
in the breeding of purebred Cesky Terriers in accordance with the Cesky Terrier Breed Standard of the American
Cesky Terrier Fanciers Association. (b) To urge members and breeders
to accept the Standard of the Cesky Terrier Breed as approved by the American Kennel Club as the only standard of excellence
by which the Cesky Terrier shall be judged. (c)
To offer individual Cesky Terrier registrations 3 or 4 generation pedigrees. (d) To encourage breeders and owners to register their Cesky Terrier and litters with the
American Kennel Club. (e) To encourage the organization of independent local Cesky Terrier Specialty Clubs in
those areas where there are sufficient fanciers of the breed. (f) To conduct matches, regional Club shows, performance events and hold a yearly specialty show. (g) To have available Cesky Terrier educational materials to breed fanciers and judges. (h) To hold Judge and Breeder Seminars throughout the United States. (i) To do all in its power to protect and advance the interests of the breed and to encourage
sportsman-like competition at dog shows and obedience trials.
Section 5. The Club shall not be conducted
or operated for profit and no part of any profits or remainder or residue from dues or donations to the Club shall insure
to the benefit of any member or individual.
Section
6. The Club shall be permitted ownership of real or intangible
properties for its own use, including generation of revenues for the sole purpose of supporting activities and acquisitions
of the Club. Section 7. 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 objects.
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By-Laws
Article I
Section 1. Membership – Type and Eligibility
There shall be three types
of membership. Active, Associate and Foreign. (a)
Active Membership. Active membership shall
be open to all persons 18 years of age or older who are United States residents in good standing with the American Kennel Club, who subscribe to the purposes
of this Club and agree to abide by its Code of Ethics. At the time of application for admission to membership, the applicant
must own or co-own at least one Cesky Terrier that is registered with the American Kennel Club.
(b)
Associate Membership. Associate membership
is open to all persons 18 years of age or older who are United States residents in good standing with the American Kennel Club, who subscribe to the purposes
of this Club and agree to abide by its Code of Ethics. Associate members shall be entitled to all Club privileges with
the exception of voting and holding office. Associate members may apply for Active Membership when they meet the provisions
of Section 1(a) of this Article.
(c) Foreign Membership. Foreign membership shall be open to all persons 18 years of
age or older who reside outside of the United States and who subscribe to the purposes of this Club and agree to abide by its Code of Ethics.
Section 2. Dues
Membership dues shall not exceed $50.00 per year for any of the membership categories
payable on or before the first day of January of each year.No member may vote whose dues are not paid for the current year. During the month
of October, the Treasurer shall send to each member a statement of his dues for the ensuing year.
Section 3. Election to Membership
The application shall state the name, address and additional information that the Club decides is necessary
on the application. The application shall carry the endorsement of two Club members. Accompanying the application the
prospective applicant shall submit dues payment for the current year. Or applicants for membership other than Associate
members applying for Active membership must also submit payment of dues at the time of application.
Sponsors (endorsers). A member my not propose an applicant for membership until that
member has himself/herself been an Active member of the Club for at least one (1) year. The sponsors must have known
the applicant for a period of at least one (1) year if the application is for Associate or Foreign membership or a period
of at least two (2) years if the application is for Active membership. During that time, sponsors must personally observe
the activity of the applicant in the dog field. For any application for membership, no more then one ACTFA member per
household may sponsor the applicant.
Applicants may be elected at any meeting
of the Board of Directors or by written vote of the Directors by mail, after the Board has had an opportunity to review the
application package and after the name and address of the applicant and the names of his/her sponsors have been provided to
the Club’s membership of the board shall be required to elect an applicant.
An application which has received a negative vote by the Board
may presented by one of the applicant’s endorsers 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.
Applicants for membership who have been rejected by the Club may not reapply within six (6) months after
such rejection. The Secretary shall notify rejected applicants by certified mail.
Section 4. Termination of Membership
Members may be terminated: (a) By lapsing. A membership will be lapsed and automatically terminated if such members dues remain unpaid
thirty (30) days after the first day of the fiscal year; whoever 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 at any Club meeting whose
dues are unpaid as of the date of that meeting. (b) By resignation.
Any member in good standing may resign from the Club upon Written notice to the Secretary, but no member may resign while in dept to the Club.Dues obligation is considered
a debt to the Club and they become incurred on the first day of each fiscal year. (c) By expulsion. A member may be terminated by expulsion as provided in Article VI This By-Laws.
Section 5. Roster of Membership (a)
Mailing List. The roster of membership
shall not be sold, loaned, bartered or Given to any person or organization for the purpose of being used as a mailing list
for any product or service. (b)
The Recording Secretary will provide a
current membership roster to members no later than the 15th of March of each year. This roster may be provided
to the membership by mail or electronic means. (c)
No member of groups of members may represent
the American Cesky Terrier Fanciers Association or sponsor events in the name of the American Cesky Terrier Fanciers Association
without the expressed prior consent of the Board of Directors.
Article II
Meeting and Voting
Section 1. Annual Club Meeting Meetings will be held in the month of January in conjunction with the Clubs yearly specialty event, if
possible. The time date and place will be determined by the Board of Directors. Notice of each such meeting shall be
published to the membership, by mail or electronic means. Notice of meeting must be not more then 30 days and at
least 14 days prior to the date of the meeting. The quorum for meetings shall be ten (10%) of the members in good standing.
Section 2. Special Club
Meeting
Special Club meetings maybe called by the President, or by a majority vote of the Board who are present and voting
at any regular or special meeting of the Board. They may also be called by the Recording Secretary upon receipt of a
petition signed by five (5) members of the Club who are in good standing. Such meetings will be held at such place,
date and time as may be designated by the person or persons authorized herein to call such meetings. Notice of such
meeting shall be provided to the membership by the Corresponding Secretary via mail or electronic means at least five (5)
days, and not more than fifteen (15) days prior to the date of he meeting and said notice shall state the purpose of the meeting
and no other business may be transacted thereat. The quorum for such a meeting shall be ten percent (10%) of the members
in good standing.
Section 3, Board Meeting.
Meetings of the Board of Directors shall be held quarterly at an in person meeting or via electronic
means between the 1st and 15th of the months of January, April, July and October. On the years
that the Club Specialty does not fall within the aforementioned time period a Meeting of the Board of Directors will be held
before the Membership Meeting in conjunction with the Club Specialty event. The Board will designate the meeting time,
date and place. Notice of such meeting shall be published to the Board by mail or electronic means not more then
30 days and at least 14 days prior to the date of the meeting The quorum for such meeting shall be a majority of the
Board.
Section 4. Special
Board Meeting.
Special meetings of the Board may be called by the President, and shall be called by the Corresponding Secretary
upon receipt of a written request signed by at least three (3) members of the Board. Such meetings will be held in person
or by electronic means at such place, date and time as may be designated by the person authorized herein to call such meetings.
Notice of such meetings shall be provided by the Corresponding Secretary via mail or electronic means at least five (5) days,
and not more then fifteen (15) days prior to the date of the meeting. Said notice shall state the purpose of the meeting
and no other business may be transacted thereat. The quorum for such a meeting shall be a majority of the Board.
Section 5.
The Board of Directors may conduct business by telephone conference call, mail including
electronic mail, and fax provided it does not conflict with any other provision of these by-laws. Items voted upon by
telephone conference call, electronic mail and fax must be confirmed in writing within seven days.
Section 6. Voting
(a) Voting at a meeting. Each Active member in good standing,
whose dues are paid the current year, shall be entitled to one (1) vote on each question at any meeting at which they
are present. It will be the duty of the Recording Secretary to keep attendance records. Proxy voting will not
be permitted at any club meeting or election. (b) Whole Membership voting. Each Active member in good standing whose
dues are paid for the current year, shall be entitled to one (1) vote on each question on a ballot. The Corresponding Secretary
will compile the ballot approved by the Board of Directors and mail a ballot to each member. The voting ballot will have a
timeframe listed for return to the Corresponding Secretary or designated person will compile the vote results and make a report
to the Board of Directors via mail. The Board of Directors will review the results and the Recording Secretary will publish
the results in a notice to the Membership using mail or by electronic means. Proxy voting will not be permitted at any club
meeting or election.
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Article III Directors and Officers
Section 1. Board of Directors
The Board shall be comprised of the Officers and four other persons, all of whom shall be members in good
standing who are residents of the United States and all of whom shall be elected at the Club’s annual meeting as provided
in Article IV and shall serve until their successors are elected. General management of the Club’s affairs shall
be entrusted to the Board of Directors.
Section 2.
Officers
The Club’s
Officers, consisting of President, Vice President, Recording Secretary, Corresponding Secretary and Treasurer shall be elected
at the Club’s annual meeting from among Regular Members of the Club in good standing who are residents of the United
States an shall serve in their respective capacities both with regard to the Club and its meeting and the Board and its meetings
as follows.
(a) The President shall be the Chief Executive Officer of the Club, will serve until a
Successor is elected, preside at all meetings, enforce the provisions of the Constitution and By-Laws and appoint necessary
committees not otherwise provided for. (b)
The Vice President shall have the duties
and exercise the powers of the President in case of the Presidents death, absence, or incapacity. The Vice President
shall be chairman of the Program Committee. (c)
The Recording Secretary shall keep a record
of all meetings of the Club and the Board of all matters of which a record shall be ordered by the Club. The Recording Secretary
shall also keep current and distribute to the membership in a timely manner a roll of the members of Club with their address,
phone number and any other pertinent date that may be directed to be recorded by the Board of Directors (See Article I, Sec.
5). The Recording Secretary shall also, in addition, carry out such other duties as prescribed by the Board of Directors
and/or these By-Laws. (d)
The Corresponding Secretary shall have
charge of correspondence, notify members of meetings, notify new members of their election to membership, provide copy of
this Constitution and By-Laws, and notify Officers and Directors of their election to office. The Corresponding Secretary
shall, in addition, carry out such other duties as may be prescribed by the Board of Directors and/or these By-Laws. (e) The Treasurer shall bill, collect and receive all dues and moneys due or belonging
to the Club. The Treasurers books and records of accounts shall at all times be open to inspection by the Board and
the Treasurer shall report to the Board and the members at every meeting concerning the condition of the Club’s finances
and every item of receipt or payment not previously reported. At the Annual Meeting the Treasurer shall render an account
of all moneys received and expended during the previous fiscal year. The Treasurer shall be bonded in such an amount,
as the Board of Directors shall determine. All disbursements of the Club shall be made by check, signed by the Treasurer
and the President shall countersign checks only in the absence of the President or Treasurer. All expenses, other than
on going, exceeding the amount of $100.00 shall be paid by the Treasurer upon prior approval of the Board of Directors.
There will be an annual audit or review of the Club books conjunction with the Clubs annual Specialty event.
Section 3. Vacancies
Any vacancies occurring on the Board or among the officers during
the year shall be filled by the Board until the next general election by a majority of the members of the Board at its regular
meeting following the creation of such vacancy, or at a regular meeting following the creation of such vacancy, or at a Special
Board Meeting called for that purpose. Where a vacancy occurs in the office of President it shall be automatically filled
by the Board in accordance with these procedures.
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Article IV
The Club Year, Elections,
Annual Meeting
Section 1. Club Year
The Club’s fiscal year shall begin on the 1st day
of January and the end on the 31st day of December. The Club’s official year shall begin immediately
at the conclusion of the election at the annual meeting and shall continue through the election at the next annual meeting.
Section 2.
Elections
Elections shall be held
for the following positions in a 3-year cycle.
- Officers (3 year term)
- 2 Board members (3 year
term)
- 2 Board members (3 year term)
The elections shall be held either in person or by mail at which the Officers and Directors
shall be elected by secret, written ballot among those nominated in accordance with Section 3 of this Article. They
shall take office immediately upon conclusion of the election and each retiring Officer shall turn over to their successor
in office all properties and records relating to that office within thirty (30) days after the election.
The nominated candidate receiving the greatest number of votes for each office shall be declared
elected. Of the nominated candidates for other positions on the Board, the two (2) receive the greatest number of votes
for such positions shall be declared elected.
Section 3. Nominations
No
person shall be a candidate in the Club election who has not been nominated. During the month of September, the Board
shall select a Nominating Committee consisting of three (3) members and two (2) alternates, not more then one (1) of whom
can be a member of the Board. The Recording Secretary shall immediately notify the Committee and alternates of their
selection. The Board shall name a chairman for the committee and it shall be their duty to call a committee meeting
which shall be held on or before October 15th and shall conduct the proceedings of this committee in the following
manner:
(a)
The committee shall nominate one (1) candidate
for each office and two (2) Candidates for the two (2) positions on the Board, and after securing the consent of each person
so nominated, shall immediately report their nominations to the Recording Secretary in writing.
(b)
Upon receipt of the nominating committee’s
report, the Recording Secretary shall, before November 1st to allow time for members to return nominations
by December 1st and notify each member in writing of the candidates so nominated.
(c)
Any members may make additional nominations
by December 1st. Provided that the person nominated does not decline when their name is proposed, his/her nominator
shall present to the Recording Secretary a written statement from the proposed candidate accepting the nomination by December
15th. No person may be a candidate for more then one (1) position and the additional nominations, which are
provided for herein may be made only from among those members who have not accepted a nomination of the Nominating Committee.
(d) Nominations cannot be made in any manner other than as provided for in this Section.
Section 4. Annual meeting
The annual meeting shall
be held in the month of January, at which officers, delegate to The American Kennel Club and directors for the ensuing year shall be elected by secret ballot from among those
nominated in accordance with Section III of this Article.
Article V
Committes
Section
1. The Board may appoint standing committees to advance the work of the Club in such matters as dog shows,
obedience trials, trophies, annual prizes, membership, health, rescue and other fields which may be 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.
Section 2.
Any committee appointment may be terminated by a majority vote of the membership of the Board
with written notice to the appointee, and the Board may appoint successors to these persons whose services have been terminated.
Section 3.
On or before December first – February first, the President shall appoint subject
to the approval of the Board, an auditing committee to audit the Treasurer’s Books. This committee shall report
to the Club membership at the Annual Meeting.
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Article VI
Discipline
Section 1. American Kennel Club Suspension
Any member who is suspended from the privileges of the American Kennel
Club (AKC) shall be automatically 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. Written charges with specifications must be filed in duplicate with the
Corresponding Secretary together with a deposit of $50.00 which shall be forfeited if such charges are not sustained by the
Board following a hearing. The Corresponding Secretary will promptly 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, constitute conduct prejudicial to the best interests of the Club. If the Board considers that the charges
do not allege conduct that would be prejudicial to the best interests to the Club, 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 three (3)
weeks or more than six (6) weeks thereafter. The Corresponding Secretary shall promptly send one copy of the charges
to the accused member by registered mail, together with notice of the hearing and an assurance that the defendant may personally
appear in their own defense with witnesses, if they wish.
Section 3. Board
Hearing
The
Board hearing for Charges against a Club member must be done at an in-person meeting and can not be done through the mail
or by electronic means. 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 may
reprimand or suspend the defendant from all privileges of the Club for not more then six (6) months 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 their fellow members at the Club
meeting which considers the Boards recommendation. Immediately after the Board has reached a decision, its finding shall
be put in written form and filed with the Recording Secretary. The Corresponding Secretary, in turn, shall notify each
of the parties of the Boards 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 Boards recommendation as provided in Section 3 of this Article. Such proceeding may occur
at a regular or special meeting of the Club to be held within sixty (60) days but not earlier than thirty (30) days after
the date of the Boards recommendation of expulsion. The defendant shall have the privilege of appearing in his or her
own behalf, though no evidence shall be taken at this meeting. The President shall read the charges and the Boards findings
and recommendations, and shall invite the defendant, if present, to speak in their own behalf if desired. The members
shall then vote by secret written ballot on the proposed expulsion. A two-thirds (2/3) vote of those present and voting
at the meeting shall be necessary for expulsion. If expulsion is not so voted, the Boards suspension shall stand.
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Article VII Amendments
Section 1.
Amendments to the constitution and By-Laws may be proposed by the Board
if Directors or by written petition addressed to the Corresponding Secretary signed by ten percent (10%) 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 membership with recommendations of the Board by the Corresponding Secretary, for a vote within three (3)
months of the date when the petition was received.
Section 2.
The Constitution and By-Laws
may be amended by a two thirds (2/3) vote by secret ballot of the Regular members present and voting in any regular or special
meeting called for this purpose, provided that the proposed amendments have been included in the notice of the meeting and
mailed to each member at least two (2) weeks prior to the date of the meeting.
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Article VIII
Dissolution
The Club may be dissolved at any time by the written consent of not less than two thirds (2/3) of the Regular
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 not 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 charitable organization for the benefit of dogs selected by the Board of Directors.
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Article IX
Order of Business
Section 1.
At any meetings of the Club, the order of business, so far as the character and nature of
the meeting may permit, shall be as follows;
- Call to Order
- Attendance Roster
- Minutes of Last
General Membership
- MeetingMinutes of Last Board Meeting
- Report of President
- Report of Corresponding
Secretary
- Report of Treasurer
- Report of Committees
- Election of Officers and Board (at the annual meeting)
- Election of New
MembersUnfinished BusinessNew Business
- Adjournment
Section 2.
At meetings of the Board, the order of business, unless otherwise directed by majority vote of those present,
shall be as follows; Reading of Minutes of last Meeting
Report of Corresponding Secretary
Report of Treasurer
Reports
of Committees
Unfinished Business
Election of New Members
New Business
Adjournment
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Article X
Parliamentary Authority
Section 1. The rules contained in the current edition of Roberts 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 special rules or
orders the Club may adopt
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