CONSTITUTION OF THE AMERICAN KUVASZ ASSOCIATION, Inc.
ARTICLE I
SECTION 1.
The name of the Club shall be The American Kuvasz Association, Inc.
SECTION 2.
The objects of the Club shall be:
(a) to encourage and promote quality in the breeding of pure-bred Kuvasz and to do all possible to bring their natural qualities to perfection,
(b) to support the American Kennel Club standard for the purposes of education,
(c) to do all in its power to protect and advance the interest of the breed and to encourage sportsmanlike competition at dog shows and performance events,
(d) to conduct AKA matches and AKA sponsored classes, specialties, and performance events at shows, where eligible,
(e) to educate judges, breeders, and the public, and
(f) to promote and endorse the Club's Breeder's Code of Ethics.
SECTION 3.
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 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 objects.
BY-LAWS
ARTICLE I
Membership
SECTION 1.
Eligibility. The American Kuvasz Association, Inc. is a voluntary association. There shall be two types of membership open to all persons eighteen years of age and older who are in good standing with The American Kennel Club and who subscribe to the purposes of this Club. They are Regular Membership and Associate Membership.
SECTION 2.
Dues. The annual dues for membership shall be set by the Board of Directors except that any cumulative or total annual increase in excess of twenty percent (20%) must be approved by a vote of the Club's regular membership.
Dues Notification: By December 31 of each year each member shall be sent a statement of his dues for the ensuing fiscal year, January 1 to December 31. Absent Board intervention, the membership of any member whose dues remain unpaid on or after March 1 shall lapse. Upon request and at its sole discretion the Board may grant a grace period during which payment may be made. Dues will be considered paid if payment is mailed before March 1, and the postmark will govern. The Board of Directors shall decide any dispute regarding payment of dues.
SECTION 3.
Election to Membership.
Regular Membership: Each applicant for Regular Membership shall apply on a form approved by the Board of Directors and which shall provide that the applicant agrees to abide by this Constitution and By-laws and the rules of The American Kennel Club. The application shall state the name, address and occupation of the applicant and it shall carry the endorsement of two regular members. Accompanying the application, the prospective member shall submit dues payment for the current year and the one time initiation fee, if any. Applicants may be elected at any meeting of the Board of Directors or by written vote of the Directors by mail. Affirmative votes of 2/3 of the Directors present at a meeting of the Board or of 2/3 of the entire Board voting by mail shall be required to elect an applicant.
An application, which has received a negative vote by the Board, may be presented by one of the applicant's endorsers at the next annual meeting of the Club and the Club may elect such applicant by favorable vote of 75% of the members present.
Associate Membership. Each applicant for Associate Membership shall apply on a form approved by the Board of Directors and which shall provide that the applicant agrees to abide by this Constitution and By-laws and the rules of The American Kennel Club. The application shall state the name, address and occupation of the
applicant. Associate memberships do not require endorsements of any club member. Associate members do not have voting privileges concerning club matters and cannot endorse any other applicants for membership and cannot hold any elected position, but can serve on committees. Associate Membership does not require approval by the Board of Directors. Associate membership fees are due one year from initial application and do not necessarily coincide with the dues schedule for regular membership.SECTION 4.
Member in Good Standing. A member in good standing shall be any duly elected member who has met his financial obligations to the Club, including dues and all other amounts that the member has become obligated to pay to the Club or any committee thereof. If any amount owed to the Club by a member shall remain unpaid thirty (30) days after notice to pay said amount is received from the Board of Directors, then the member owing said amount shall automatically lose his status as a member in good standing and shall be suspended from all rights and privileges in the Club until the amount so owed is paid. No member may vote who is not a member in good standing.
SECTION 5.
Termination of Membership.
Memberships may be terminated:
(a) 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 they become incurred on the first day of each fiscal year.
(b) by lapsing. A membership will be considered lapsed and automatically terminated if such member's dues remain unpaid 60 days after the first day of the fiscal year; however, the Board may grant an additional 60 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) by expulsion. A membership may be terminated by expulsion as provided in Article VI of these by-laws.
ARTICLE II
Meetings
SECTION 1.
Annual Meeting. The annual meeting of the Club shall be held in the month of November in conjunction with the Club's sponsored show if possible, at a place, date and hour designated by the Board of Directors. Written notice of the annual meeting shall be mailed by the Secretary to each member at least 30 days prior to the date of the meeting. The quorum for the annual meeting shall be 10% of the members in good standing.
SECTION 2.
Special Club Meetings. Special Club meetings may be called by the President or by a majority vote of the members of the Board who are present at a meeting of the Board or who vote by mail; and shall be called by the 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. Written notice of such meeting shall be mailed by the Secretary at least 14 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. The quorum for such a meeting shall be 10% of the members in good standing.
SECTION 3.
Board Meetings. The first meeting of the Board shall be held at a time convenient to the Board members in conjunction with the annual meeting and election. Other meetings of the Board of Directors shall be held at such times and places as are designated by the President or by a majority vote of the entire Board. Written notice of each such other meeting shall be mailed by the Secretary to each member of the Board at least 14 days prior to the date of the meeting. The quorum for a Board Meeting shall be a majority of the Board voting in person or by mail.
SECTION 4.
The Board of Directors may conduct its business through the Secretary by any means that is mutually acceptable.
ARTICLE III
Directors and Officers
SECTION 1.
Board of Directors. The Board shall be comprised of the President, Vice-President, Secretary, Treasurer and five other persons, all of whom shall be members in good standing who are residents of the United States. The President, Treasurer, and three Board Members shall be elected for a two year term for the even number years at the Club's Annual Meeting as provided in Article IV and shall serve until their successors are elected. The Vice President, Secretary, and two Board Members shall be elected for a two year term for the uneven number years 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 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.
(a) The President shall preside at all meetings of the Club and of the Board, and shall have the duties and powers normally appurtenant to the office of President in addition to those particularly specified in these by-laws. The President shall submit a report to the membership every quarter to be published in the Club's newsletter.
(b) The Vice President shall have the duties and exercise the powers of President in the case of the President's death, absence or incapacity.
(c) The Secretary shall keep a record of all meetings of the Club and of the Board and of all votes taken by mail, and of all
matters of which a record shall be ordered by the Club. He shall have charge of the correspondence, notify members of meetings, notify new members of their election to membership, notify officers and Directors of their election to office, and carry out such other duties as are prescribed in these by-laws. The Secretary shall submit a Secretary's Report every quarter to be published in the Club's newsletter. The Secretary will report the Board's voting activities for that particular quarter.(d) The Treasurer shall collect and receive all moneys due or belonging to the Club. He shall deposit the same in a bank approved by the Board, in the name of the Club. His books shall at all times be open to inspection of the Board and he shall report to them at every meeting the condition of the Club's finances and every item of receipt or payment not before reported and at the annual meeting he shall render an account of all moneys received and expended during the previous fiscal year. The Treasurer shall be bonded in such amount, as the Board of Directors shall determine. The Treasurer shall submit a Treasurer's report every quarter to be published in the Club's newsletter. The Treasurer's report shall list in detail the Club's income, expenditures, and current balance. A Treasurer's report shall be submitted at the Club's Annual Membership meeting in November.
(e) The offices of Secretary and Treasurer may be held by the same person.
SECTION 3.
Misconduct or dereliction of duty in office. Misconduct shall be construed to be the failure of a Board member to abide by the standing rules of this Constitution and By-laws. Dereliction of duty shall be construed to be the failure of any Board member to perform the duties of the Board position elected to, as outlined in these By-laws. Should a Board member refuse to resign for cause, that is, misconduct or dereliction of duty in office, the Board member in question can be deposed from office or directorship by one of the following:
Charges may be preferred by any member in good standing. Any vacancy occurring on the Board as a result of a deposed Board member shall be filled as provided for in these By-laws.
SECTION 4.
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 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 the Vice-President shall be filled by the Board.
Resignations: Any Board member may resign in writing to the Secretary.
SECTION 5.
Policy. The Board of Directors shall interpret the Constitution and By-laws, and may from time to time, as required, make regulations and establish procedures on matters not herein provided.
ARTICLE IV
The Club Year, Voting, Nominations, Elections
SECTION 1.
The Club Year. 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 immediately at the conclusion of the election at the Annual Meeting, and shall
continue through the election at the next Annual Meeting. The elected officers and directors shall take office immediately upon the conclusion of the Annual Meeting and each retiring officer shall turn over to his successor in office all properties and records relating to that office within 30 days after the election.SECTION 2.
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 constitution and by-laws which shall be decided by written ballot cast by mail. Voting by proxy shall not be permitted. The Board of Directors may decide to submit other specific questions for decisions of the members by written ballot cast by mail.
SECTION 3.
Annual Election. At the Annual Meeting for the Election of Officers and Directors, the vote shall be conducted by secret ballot. Ballots to be valid must be received by the Secretary (or independent professional firm designated by the Board) by October 15th. Ballots shall be counted at the meeting by three inspectors of election who are members in good standing and neither members of the current Board nor candidates of the ballot and who shall be chosen by the members present at the meeting. (Provided, however, that the Board may designate an independent professional firm to send, receive and count the ballots apart from the Annual Meeting).
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. A Nominating Committee shall be chosen by the
Board of Directors before April 15th. The Committee shall consist of three members from different areas of the U.S.A., if possible and one alternate, all members in good standing, no more than one of whom may be a member of the current Board of Directors. The Board shall name a chairman for the Committee. The Nominating Committee may conduct its business by any mutually acceptable means.(a) The Nominating Committee shall nominate from among the eligible members of the Club one candidate for each office and for each other position on the Board of Directors, and shall procure the acceptance of each nominee so chosen. The Committee should consider geographical representation of the membership on the Board to the extent that it is practicable to do so. The Committee shall then submit a letter listing the slate of Candidates to the Secretary. The letter shall contain signatures of all the members of the Nominating Committee. The Secretary shall mail the list, including the full name of each candidate and the name of the State in which he resides, to each member of the Club on or before June 15th, so that additional nominations may be made by the members if they so desire.
(b) Additional nominations of eligible members may be made by written petition addressed to the Secretary and received at his regular address on or before August 15th, signed by five members and accompanied by the written acceptance of each such additional nominee signifying his willingness to be a candidate. No person shall be a candidate for more than one position.
(c) If no valid additional nominations are received by the Secretary on or before August 15th, the Nominating Committee's slate shall be declared elected at the time of the Annual Meeting, and no Balloting will be required.
(d) If one or more valid additional nominations are received by the Secretary on or before August 15th he (or an independent professional firm designated by the Board) shall, on or before September 1st, mail 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 resume of two hundred fifty words or less from each candidate, together with a blank envelope and a return envelope addressed to the 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 his ballot, shall seal it in the blank envelope which in turn shall be placed in the second envelope addressed to the Secretary (or designated professional firm). The inspectors of election (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 at the Annual Meeting.(e) Nominations cannot be made at the Annual Meeting or in any manner other than as provided above.
ARTICLE V
Committees
SECTION 1.
The Board may each year appoint standing committees to advance the work of the Club in such matters as dog shows, obedience trials, trophies, annual prizes, membership and other fields which may well 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 full membership of the Board upon written notice to the appointee; and the Board may appoint successors to those persons whose service has been terminated.
SECTION 3.
Committees:
Standing Committees: Notwithstanding Section 1, the Board may appoint persons to chair the following standing committees:
Membership - to administer the membership requirements as stated in the Club Constitution and By-Laws. The membership chairperson will also maintain a current roster of club members.
Newsletter Editor - to be responsible for publishing the club newsletter adhering to the newsletter policy, and appointing assistants as necessary.
Constitution and By-Laws - to review and ensure maintenance of those documents and undertake major revisions as needed.
Rescue - to administer the Club's Rescue Program in accordance with the Club's policies.
Resignations - Any Committee chairperson may resign in writing to the Secretary.
ARTICLE VI
Discipline
SECTION 1.
American Kennel Club Suspension. Any member who is suspended from the privileges of The American Kennel Club automatically shall be suspended from the privileges of this Club for a like period.
SECTION 2.
Charges. Any member may prefer charges against a member for alleged misconduct prejudicial to the best interests of the Club or the breed. Written charges with specifications must be filed in duplicate with the Secretary together with a deposit of $50.00 which shall be forfeited if such charges are not sustained by the Board or a Committee appointed by the Board 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 breed. If the Board considers that the charges do not allege conduct which would be prejudicial to the best interests of the Club or of the breed it may refuse to entertain jurisdiction. If the Board entertains jurisdiction of the charges it shall fix a date of the hearing by the Board or a Committee of not less than three members of the Board, not less than 3 weeks nor more than 6 weeks thereafter. The Secretary shall promptly send one copy of the charges to the accused member by certified mail together with a notice of the hearing and assurance that the defendant may personally appear in his own defense and bring witnesses if he 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 the evidence and testimony presented by complainant and defendant, the Board or Committee may by a majority vote of those present suspend the defendant from all privileges of the Club for not more than six months from the date of the hearing, or until the next Annual Meeting if that will occur after six months. 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 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 the Annual Meeting of the Club following a hearing and upon the recommendation of the Board or Committee as provided in Section 3 of this Article. 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 findings and recommendations, and shall invite the defendant, if present, to speak in his own behalf. The meeting shall then vote by secret written ballot on the proposed expulsion. A 2/3 vote of those present and voting at the annual Meeting shall be necessary for expulsion. If expulsion is not so voted the suspension shall stand.SECTION 5.
The Board of Directors retains the future rights to develop means, policies, and processes to sanction members whose practices and behaviors jeopardize the breed and it's protection, or the growth and development of the AKA in service of the breed.
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 mailed by the Secretary to each member in good standing on the date of mailing, accompanied by a ballot on which he may indicate his choice for or against the action to be taken. Dual-envelope procedures described in Article IV, Section 4(d) shall be followed in handling such ballots, to assure secrecy of the vote. Notice with such ballot shall specify a date not less than 30 days after the date of 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 who return valid ballots within the time limits shall be required to effect any such amendment.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 asserts 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 meetings 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 President
Report of Secretary
Report of Treasurer
Reports of Committees
Election of Officers and Board
(At Annual Meeting)
Election of new members
Unfinished business
New business
Adjournment
SECTION 2.
At the 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 secretary
Report of treasurer
Reports of committees
Unfinished business
Election of new members
New business
Adjournment.
Article X
Breeder's List
SECTION 1.
Any applicant currently involved in any conflict, be it with an All-Breed club, another breed specific club, the AKC or involved in any pending litigation in connection with dogs will have their application held until said conflict has been resolved. If this resolution confirms the unethical or inappropriate behavior on the part of said applicant as set out in the Breeder's Code of Ethics, said applicant's application fee shall be refunded in full and their application denied.
SECTION 2.
Any application fee shall be held pending the disposition of said application. Should such application be denied, this fee shall be immediately refunded in full to the applicant.
SECTION 3.
Only regular members of the American Kuvasz Association in good standing at the time of application and review shall be considered for acceptance to the Breeder's List. The application must be sponsored by two members in good standing of the AKA; said sponsors must be different persons from the applicant's sponsors for membership, and each sponsor must reside in different households.
SECTION 4.
A resignation as a member of the American Kuvasz Association will result in the immediate resignation and removal of that breeder from the Breeder's List and cause any pending application for the Breeder's Code of Ethics to be immediately withdrawn and their application fee forfeited.
Adopted 5/15/1999