TABLE OF CONTENTS
ARTICLE I. NAME AND OBJECTS
ARTICLE I. MEMBERSHIP
ARTICLE II. MEETINGS AND VOTING
ARTICLE III DIRECTORS AND OFFICERS
ARTICLE IV. CLUB YEAR, ANNUAL MEETING, ELECTIONS
ARTICLE V. COMMITTEES
ARTICLE VI. DISCIPLINE
ARTICLE VII. AMENDMENTS
ARTICLE VIII. DISSOLUTION
ARTICLE IX. ORDER OF BUSINESS
CODE OF ETHICS
Name and Objects
SECTION 1. The name of the Club shall be the Agathon Kennel Club, Inc.
SECTION 2. The objects of the Club shall be:
(A) to further the advancement of all breeds of pure-breed dogs;
(B) to do all in its power to protect and advance the interests of all breeds of pure-bred dogs and to encourage sportsman like competition at dog shows, and obedience trials;
(C) to conduct sanctioned matches, dog shows, and obedience trials under the rules of the American Kennel Club.
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 bylaws as may be required to carry out these objects.
SECTION 1. Eligibility. There shall be three types of membership:
(A) Full membership open to all persons eighteen years of age or older regardless of race, color, sex, or religion, who are in good standing with the American Kennel Club and who subscribe to the purpose of this Club.
(B) Honorary membership may be granted (by recommendation of the Board of Directors and approval by a three-fourths vote of the members present at the next club meeting) to any one who has contributed unusual service to further the advancement of pure-bred dogs. Honorary members will be able to retain voting and office-holding privileges by payment of dues.
C) Junior membership is open to all persons ten to eighteen years of age. Junior members are eligible for awards, but are not eligible to vote or hold office.
All members must be in good standing with the American Kennel Club and must subscribe to the purposes of this Club.
While membership is to be unrestricted as to residence, the Club's primary purpose is to be representative of the breeders and exhibitors in its immediate area.
SECTION 2. Dues. Membership dues shall be determined annually by the Board of Directors and ratified by two-thirds vote of the membership at the October Club meeting. Dues are 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 November, the Treasurer shall send to each member a statement of his or her dues for the ensuring year. Dues for the year shall never exceed $10.00, this limit being set by the Board of Directors.
SECTION 3. Election to Membership. Each person desiring to join the Club must attend two regular monthly meetings before making application for membership. Each applicant for membership shall apply on a form approved by the Board of Directors and which shall provide that the applicant agrees to abide by these constitution and bylaws and the rules of the American Kennel Club. The application shall state the name, address, occupation, breeds owned and/or bred, and other kennel club or obedience club affiliations of the applicant. It shall carry the endorsement of two members (not of the same family or household) of this Club. Accompanying the application, the prospective member shall submit a $2.50 initiation fee plus the dues for the current year. The dues paid by an applicant during November or December will be considered both as dues for the balance of the current year and for the ensuing year.
All applications are to be filed with the secretary and reviewed at the first Board meeting following its receipt. Each application is to be read at the first meeting of the Club following its review by the Board at which the applicant is present. At the next Club meeting, the applicant will be voted upon by secret written ballot and affirmative votes of three-fourths of the members present and voting at that meeting shall be required to elect applicant. No applicant will be present at the meeting when his or her application is voted upon by the membership. Applications for membership who have been rejected by the Club may not reapply within six months after such rejection.
SECTION 4. Termination of Membership. Membership 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 as lapsed and automatically terminated if such member's dues remain unpaid sixty days after the first day of the fiscal year. However, the Board may grant an additional sixty 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 bylaws.
Meetings and Voting
SECTION 1. Club Meetings. Meetings of the Club shall be held within 25 miles of the City of Massillon on the fourth Thursday of each month, except in November and December, at such hour and place as may be designated by the Board of Directors. November and December meetings will be held on dates not in conflict with holidays. Written notice of each such meeting shall be mailed by the Secretary at least ten days prior to the date of the meeting. The quorum for such meetings shall be 20% 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 and voting at any regular or special meeting of the Board, and shall be called by the secretary upon receipt of a petition signed by five members of the Club who are in good standing. Such special meetings of the Club shall be held within 25 miles of the City of Massillon at such place, date, and hour as may be designated by the person or persons authorized herein to call such meetings. Written notice of such a meeting shall be mailed by the Secretary at least five days and not more than fifteen days prior to the date of the meeting, and said notice shall state the purpose of the meeting, and no other Club business may be transacted at that meeting. The quorum for such a meeting shall be 20% of the members in good standing.
SECTION 3. Board Meetings. Meetings of the Board of Directors shall be held within 25 miles of the city of Massillon in the months of January, March, May, July, September, and November in each year, at such date, hour, and place as may be designated by the Board. Written notice of each such meeting shall be mailed by the Secretary at least seven days prior to the date of the meeting. The quorum for such a meeting shall be a majority of the Board.
SECTION 4. Special Board Meetings. Special meetings of the Board may be called by the President, and shall be called by the Secretary upon receipt of a written request signed by at least three members of the Board. Such special meetings shall be held within 25 miles of the city of Massillon at such date, place, and hour as may be designated by the person authorized herein to call such a meeting. Written notice of such meeting shall be mailed by the Secretary at least five days and not more than ten days prior to the date of the meeting, or telegraphic notice shall be filed at least three days and not more than five days prior to the date of the meeting, and no other business shall be transacted there- at. A quorum for such a meeting shall be a majority of the Board.
SECTION 5. Voting. Each member in good standing whose dues are paid for the current year and who is free of all other debts to the Club shall be entitled to one vote at any meeting of the Club at which he or she is present. Proxy voting will not be permitted at any Club meeting or election.
Directors and Officers
SECTION 1. Board of Directors. The Board shall be comprised of the
President, Vice President, Secretary, Treasurer, and four other persons all of whom shall be members in good standing. The four, other than the officers, shall be elected for two-year terms at the Club's annual meeting as provided in Article IV and shall serve until their successors are elected. At the annual meeting in 1978, two Directors shall be elected for two years and two for one year. In the years thereafter, only two will be elected to replace the two retiring Directors. General management of the Club's affairs shall be entrusted to the Board of
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. The four officers are elected for one-year terms, but may be re-elected.
(A) The President shall preside at all meetings of the Club and of the Board, and shall have the duties and powers normally pertinent to the office of the President in addition to those particularly specified in these bylaws. The President will vote at a Club or Board meeting only in the event of a tie vote.
(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.
(C) The Secretary shall keep a record of all meetings of the Club and of the Board and of all matters of which a record shall be ordered by the Club. He or she 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, keep a roll of the members of the Club with their addresses, and carry out such other duties as are prescribed in these bylaws.
(D) The Treasurer shall collect and receive all monies due or belonging to the Club. He or she shall deposit the same in a bank or banks designated by the Board in the name of the Club. His or her books shall at all times be open to inspection by the Board, and he or she shall report to the Club and the Board 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 or she shall render an account of all monies received and expended during the previous fiscal year. The Treasurer shall be bonded in such amount as the Board of Directors shall determine.
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 at its first meeting following the creation of such vacancy, or at a Special Board meeting called for that purpose; except a vacancy in the office of the President shall be automatically filled by the Vice-President and the resulting vacancy in the office of the Vice-President shall be filled by the Board.
SECTION 4. Compensation. All officers and Directors shall serve without compensation except reimbursement of Club expenses.
Club Year, Annual Meeting, Elections
SECTION 1. Club Year. The Club's fiscal year shall begin on the first day of January and end on the thirty-first 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. Annual Meeting. The annual meeting shall be held in the month of March; at which Officers and Directors for the ensuing year shall be elected by secret ballot from among those nominated in accordance with Section 4 of this Article. They shall take office immediately upon the conclusion of the election and each retiring officer shall turn over to his or her successor in office all properties and records relating to that office within thirty days after election.
SECTION 3. Elections. The nominated candidates receiving the greatest number of votes for each office shall be declared elected. The two nominated candidates for other positions on the Board who receive the greatest number of votes for such positions shall be declared elected.
SECTION 4. Nomination. No person may be a candidate in a Club
election who has not been nominated or who has not paid their dues for the coming year or who has not attended at least 50% of the meetings in the past year. Commencing with the March, 1979 annual meeting, no person may be elected to the Board of Directors or any office who has not been a member for at least one full year. During the month of September, the Board shall select a Nominating Committee consisting of three members and two alternates, not more than one of whom may be a member of the Board. The Secretary shall immediately notify the committeemen and alternates of their selection. The Board shall name a chairperson for the Committee and it shall be his or her duty to call a committee meeting which shall be held on or before November 1st.
(A) The Committee shall nominate one candidate for each office that may, but need not be, an officer or director of the Club, and two candidates for the two other positions on the Board, and, after securing the consent of each person so nominated, shall immediately report their nominations to the Secretary in writing.
(B) Upon receipt of the Nominating Committee's report, the Secretary shall, before January 15th, notify each member in writing of the candidates so nominated.
(C) Additional nominations may be made at the February meeting by any member in attendance provided that the person so nominated does not decline when his or her name is proposed, and provided further that if the proposed candidate is not in attendance at this meeting, his or her proposer shall present to the Secretary a written statement from the proposed candidate signifying his or her willingness to be a candidate. Except for the position of Delegate, no person may be a candidate for more than one 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 at the annual meeting or in any manner other than as provided in this Section.
SECTION 1. The Board shall each year appoint standing committees to
advance the work of the Club in such matters as dog shows, obedience trails, 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. The President will serve as an ex-officio member of each committee, but may delegate that status to the Vice-President for specific committees. The President may vote along with committee members of any specified committee.
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 services have been terminated.
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 the Club for the like period.
SECTION 2. Charges. Any member may prefer charges against a member in alleged misconduct prejudicial to the best interest of the Club. Written charges with specifications must be filed in duplicate with the Secretary together with a deposit of $10.00 which shall be forfeited if such charges are not sustained 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 interest of the Club. If the Board considers that the charges do not allege conduct which would be prejudicial to the best interests of the Club, it may refuse to entertain jurisdiction. If the Board entertains jurisdiction of the charges, it shall fix a date for a hearing by the Board 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 a notice of the hearing and an assurance that the defendant may personally appear in his or her own defense and bring witnesses if he or she wishes.
SECTION 3. Board Hearing. The Board shall have complete authority to decide whether counsel may attend the hearing, but both complainant and defendant shall be treated uniformly in that regard. Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board may, by a majority vote of those present, suspend the defendant from all privileges of the Club for not more than six 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 his or her fellow members at the ensuing Club meeting which considers the Board's recommendation. Immediately after the Board 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 Board's 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 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 sixty days but not earlier than thirty days after the date of the Board's 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 Board's findings and
recommendations, and shall invite the defendant, if present, to speak in his or her own behalf if he or she wishes. The members shall then vote by secret written ballot on the proposed expulsion. A two-thirds 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.
SECTION 1. Amendments to the constitution and bylaws may be proposed by the Board of Directors or by written petition addressed to the Secretary signed by twenty percent of the membership in good standing. Amendments proposed by such petition shall promptly be considered by the Board of Directors and must be submitted to the members, with recommendations of the Board, by the Secretary for vote within three months of the date when the petition was received by the Secretary.
SECTION 2. The constitution and bylaws may be amended by a two-thirds vote of the members present and voting at any regular or special meeting called for this purpose, provided the proposed amendments have been included in the notice of the meeting and mailed to each member at least two weeks prior to the date of the meeting.
SECTION 1. Dissolution. The Club may be dissolved at any time by the written consent of not less than two-thirds of the members. In the event of the dissolution of the Club, other than for purposes of re-organization, whether voluntary, involuntary, or by operation of law, none of the property of the club nor proceeds thereof, not 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.
Order of Business
SECTION 1. At the meetings of the Club, the order of business, so far as the character and nature of the meeting may permit, shall be as follows:
Minutes of the Last Meeting
Report of the President
Report of the Secretary
Report of the Treasurer
Report of the Board of Directors
Reports of Committees
Election of Officers and Board (at the annual meeting)
Election of New Members
CODE OF ETHICS
1. A member/breeder will be familiar with the AKC rules governing record keeping, registration and sale and transfer of dogs, and will abide by those rules. Any warranties or other agreements, including financial arrangements, shall be put in writing with a copy provided to the buyer and the seller.
2. With each sale, the breeder shall give a record of dates and types of immunization given, those still required, and instructions on proper care, grooming, and feeding. No puppy should be sold without either temporary or permanent protection against distemper-hepatitis-leptospirosis. Puppies should have a veterinary examination and worming, if required, before sale.
3. A member selling a dog or puppy which he or she knows to have any physical condition or serious deviation from the standard which indicates that breeding of the animal would be detrimental to the welfare of the animal or the Breed itself will so inform the buyer, and the sale should be made with an agreement in writing, signed by both buyer and seller, that the dog is not to be bred. Additional agreements pertaining to spaying or neutering of the animal are encouraged.
4. Care should be taken to evaluate individual buyers with regard to the suitability of the home being offered. Advertising should be factual. It is not to be worded so as to attract undesirable buyers or to encourage raising dogs for profit.
5. No member will knowingly sell any puppy to any pet shop, catalogue house, contest sponsor, or wholesale dealer, or in any way knowingly aid or abet the sale of any animal through the above mentioned. No member will buy litters or individuals purely for resale.
6. All breedings will be planned, and aimed at improvement of the breed. The member-breeder will be familiar with the Standard and will do everything in his or her power to discourage breeding from clearly inferior specimens of the breed, or to any such specimen with his or her stud. No dogs exhibiting a disqualifying hereditary fault shall be bred. All members will use only dogs for breeding which are structurally and temperamentally sound, and will refrain from the use of timid, nervous, or vicious animals.
7. It is the responsibility of the stud dog owner to properly provide for all visiting bitches and breed them only to the stud dog specified by its owner. A change of stud dog is only permitted with the express consent of the owner of the bitch in writing.
8. Good sportsmanship shall be advanced by all members, in and out of the show ring. No member should malign another, either his or her person or his or her dogs. Members should not exhibit as "fillers" dogs which they themselves know to be unworthy of championship, nor should they indulge in the practice of entering "kennel majors". Members shall not show dogs or be a party to showing dogs which are not cleaned and properly groomed for the show ring.
9. All members will do their best to represent the best interest of the American Kennel Club and the Agathon Kennel Club in whatever way possible, and recognize that the reputation of the Club and individual Breed rests squarely in the hands of its members.