Biewer Terrier Club of America Inc., Bylaws

Article I
Name and Objects

Section 1. The name of the club shall be “Biewer Terrier Club of America, Inc.” a Nevada Corporation.

Section 2. The objects of the club shall be to:

• (a) Encourage and promote quality in the breeding of pure-bred Biewer Terriers and to do all possible to bring their natural qualities to perfection.
• (b) Encourage the organization of independent local Biewer Terrier specialty clubs in those localities where there are sufficient fanciers of the Biewer Terrier to meet the requirements of The American Kennel Club.
• (c) Urge members and breeders to accept the Standard of the breed as set forth by The Biewer Terrier Club of America and approved by The American Kennel Club as the only standard of excellence by which the Biewer Terrier shall be judged.
• (d) Do all in its power to protect and advance the interests of the Biewer Terrier and to encourage sportsman-like conduct and competition at all events held under AKC Rules and Regulations and any other Biewer Terrier Club of America, Inc. sponsored activity or function.
• (e) Conduct sanctioned matches, and license events for which the club is eligible, under the Rules and Regulations of The American Kennel Club.

Section 3. The Biewer Terrier Club of America, Inc. shall not be conducted or operated for profit and no part of any profits or remainder or residue from any source, including dues and donations to the club shall inure to the benefit of any member or individual.

Section 4. The members of the Biewer Terrier Club of America, Inc. shall adopt and may from time to time revise such bylaws as may be required to carry out these objectives

Notices: All club notices must be sent via the US Postal Service or e-mail in accordance with the current AKC policy.

Article II
Membership

Section 1. Eligibility:
There shall be six (6) types of membership open to all persons 18 years of age or older in good standing with the American Kennel Club and their own club, who subscribe to the purposes of the Biewer Terrier Club of America. Anyone meeting the requirements may apply for membership.

• (a) Regular (Individual) Membership: enjoys all club privileges including the right to vote and hold office.
• (b)Household (Family) Membership: Two (2) adult members residing in the same household, each eligible to vote and hold office.
• (c) Foreign Membership: Individuals who are not U.S. residents (or its territories and possessions). Shall be entitled to all club privileges except voting and office holding.
• (d) Junior membership: Open to children under the age of 18; a non-voting, non-office holding membership which may automatically convert to a regular membership at the age of 18.
• (e) Honorary Membership: An individual that has made significant contributions to the sport, breed, or club. Honorary members pay no dues and are not eligible to vote or hold office but can maintain a “Regular” or “Household” membership upon paying dues.
• (f) Lifetime Membership: May be awarded to individuals from among the membership who have made significant contributions to the Club and the Biewer Terrier breed. “Life” members do not pay dues but are eligible to vote and hold office.
• (g) Associate Membership: For those individuals new to the Sport of Dogs, at least 18 years of age, and who are interested in advancing their knowledge of dogs. Associate members do not pay dues but are entitled to all club privileges except voting or holding office.

Section 2. Dues: Membership dues shall not exceed $ 50.00 per year or $75.00 for Household Membership. Dues are payable on or before the 1st day of January each year. No member may vote whose dues are not paid for the current year. During the month of December, the Treasurer shall send to each member a statement of his dues for the ensuing year. Dues will not be prorated, if you join in May dues will be due again in January.

Section 3. Election to Membership: Each applicant for membership must agree to abide by these Bylaws and the rules of the Biewer Terrier Club of America and the rules and regulations of the American Kennel Club and AKC’s Code of Sportsmanship. The applicant shall fill out the online application or ask that an application be emailed or mailed to them from the Membership Committee of the BTCA. The application shall state the name and address of the applicant and carry the endorsement of two members in good standing. All applicants must agree to a personal interview. Yearly dues are paid at the time the application is filled out or when the applicant is approved. If membership is refused, dues will be returned. Applicants may be elected by secret ballot at any meeting of the board or by secret vote of the board by e-mail or mail. Affirmative votes of 2/3 of the board present at a meeting, or of 2/3 of the entire Board voting by e-mail or mail, shall be required to elect an applicant.

• (a) The Membership Committee appointed by the Board of Directors will consider the application and forward a report to the Board of Directors.
• (b) Applications will be voted upon within 90 days of application. Applicants may be elected by secret ballot at any meeting of the board of directors or by secret vote of the directors by mail. Affirmative votes of 2/3 of the Board 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.”
• (c) Applicants will be notified within 30 days of the vote of the Board; no reason will be given for denial of membership.
• (d) An application which has failed to receive the requisite 2/3 affirmative votes by the Board may be presented by the applicant's sponsor(s) at the next annual meeting of the Club and the members may elect such applicant by secret ballot and a favorable vote of 75% of the members present and voting.
• (e) New membership will have a one-year probationary period. If the board finds the applicant to be in violation of the Constitution or By-laws of the BTCA or AKC, or conduct prejudicial to the best interests of the club or the breed, their membership will not be renewed.
• (f) Applicants for membership who have been rejected by the club may not reapply within 12 months after such rejection.
• (g) The unexcused absence of a voting member from three (3) consecutive meetings or failure to volunteer and work at one annual club event, unless excused by the board of directors, shall operate as the accepted change of that membership from voting to non-voting status. All written requests for excusal with confirmed delivery receipts will be considered by the club’s board of directors. The difference in dues will be forfeited.

Section 4. Termination of Membership: Memberships may be terminated:

• (a) By Resignation: Any member in good standing may resign from the club upon verifiable written notice to the Secretary, but no member may resign when in debt to the club. All materials belonging to the club must be surrendered in proper condition to the club secretary no later than 10 days after the termination of membership. Obligations other than dues are considered a debt to the club and must be paid in full prior to resignation.
• (b) By Lapsing: A membership will be considered as lapsed and automatically terminated if such member's dues remain unpaid 30 days after January 1st. The board may grant an additional 30 days of grace to such delinquent members in meritorious cases. In no case may a person be entitled to vote whose dues are unpaid.
• (c) By Expulsion: Membership may be terminated by expulsion as provided in Article VIII of these bylaws.

Article III
Members Meetings

Section 1. Annual Meeting: The annual club meeting will be held in December in conjunction with the club’s specialty show if possible, at a place, date, and hour designated by the board of directors. Notice of the annual meeting shall be sent by the Secretary in any manner prescribed by the laws of the state in which the club is incorporated 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 for Board business may be called by the President or by a majority vote of the members of the board with at least 48-hour notice to the Board member. A Special Meeting may be called by the Secretary upon receipt of a petition signed by 10% of the club members who are in good standing. Such meeting by petition of the 10% of club members who are in good standing shall be held at such place, date and hour as may be designated by the board of directors. Notice of such meeting shall be sent by the Secretary in any manner as prescribed by the laws of the state in which the club is incorporated 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 business may be transacted. The quorum for such meetings shall be 10% of the members in good standing.

Article IV
Board Meetings

Section 1. Board Meetings: A meeting of the board shall be held immediately following the election. Other meetings of the board shall be held at such times and places or via telephone conference call or via video conference as are designated by the President or by a majority vote of the entire board. Notice of each such other meeting shall be sent by the Secretary in any manner prescribed by the laws of the state in which the club is incorporated 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. Notice of board meetings must be sent at least 14 days prior to the date of the meeting.

Section 2. Board Business: The board of directors may also conduct business by telephone conference (including disciplinary hearings), or video conference or by any other method permitted by the laws of the state in which the club is incorporated. Items voted upon by any method other than “in-person” meetings must be confirmed in writing by the Secretary within seven days.

Article V
Directors and Officers Directors, Officers and AKC Delegate

Section 1. Board of Directors: The board shall be comprised of the officers and three directors all of whom should be members in good standing and are citizens or legal residents of the United States. They shall be elected for two-year terms as provided in Article VI or shall serve until their successors are elected. Terms shall begin at the conclusion of the meeting at which the election is declared, or must be otherwise specified in the bylaws. General management of the club's affairs shall be entrusted to the board of directors and officers. The President, Secretary, and two Director Positions will be elected in even-numbered years. The Vice President, Treasurer, and one Director Position will be elected in odd-numbered years. The immediate Past President may serve as an honorary member (without a vote) on the Board for a period of 1 year.

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) President: The President shall preside at all meetings of the club and of the board, and shall have the duties and powers normally given to the office of President in addition to those particularly specified in these bylaws.
• (b) Vice President: 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) Secretary: The Secretary shall keep a record of all meetings of the club, of the board, of all votes taken by mail and of all matters of which a record shall be ordered by the club; 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 who are in good standing with their addresses, which shall be sent to any member in good standing, upon written request, not more than once every club year, and carry out such other duties as are prescribed in these bylaws.
• (d) Treasurer: The Treasurer shall collect and receive all monies due or belonging to the club. Monies shall be deposited in a bank designated by the board, in the name of the club. The books shall at all times be open to inspection by the board and a report shall be given at every meeting on the condition of the club's finances and every item of receipt or payment not before reported, and at the annual meeting, an accounting shall be rendered of all monies received and expended during the previous fiscal year. The treasurer shall be bonded in such amount as the board of directors shall determine.
• (e) Directors: The board shall maintain three Director Positions to serve in their respective capacities both with regard to the club and its meetings and the board and its meetings.
• (f) [Delegate: The AKC Delegate among other duties shall attend the quarterly meetings of the American Kennel Club, reporting to the Board, matters discussed at AKC’s Quarterly Delegate Meetings. The AKC Delegate shall be appointed by the Board of Directors serving a 3-year term, then voted on by the membership, and shall serve as a voting member of the Board. The Delegate shall not be limited in the number of terms that he/she may serve.]

Section 3. Vacancies: Any vacancies occurring on the board or among the officers during the year shall be filled for the remainder of the position's term by a majority vote of the board. However, a vacancy in the office of president shall automatically be filled by the Vice –President for the remainder of the term.

Section 4. Removal From Office: Should any officer or director fail to participate, without just cause, in three actions requiring a vote, that person may be removed from office by a 2/3 majority of vote of the Board and in accordance with state law of the state in which the club is incorporated. Action is defined as: 1) attendance at a scheduled Board meeting, or 2) responding to a mailing from the Secretary of motion(s) requiring a vote.

Article VI
The Club Year, Voting, Nominations and Elections

Section 1. Club Year: The club's fiscal year begins on the first day of January and ends on the last day of December. The club’s official year shall begin immediately at the completion of the election and shall continue through the next election. The elected officers and directors shall take office on January 1 of the year following the election and each retiring officer shall turn over to his/her 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, directors and amendments to the constitution and bylaws and the amendments to the standard for the breed, which shall be decided by secret ballot conducted in any manner provided by the laws of the state in which the club is incorporated-written ballot cast by mail or electronic balloting by an independent firm in accordance with the State Law and AKC policy. Voting by proxy shall not be permitted in states where prohibited by State Law. The board of directors may decide to submit other specific questions for the decision of the members.

• (a) Electronic Voting: Members are agreeing to conduct elections on breed standard revisions, Constitution and By-law amendments, annual elections, and any other specific issues as they may arise, via electronic voting. Those not consenting to electronic voting must notify the Secretary upon acceptance of their membership. Their ballots will then be sent via USPS or email from the Secretary.

Section 3. Annual Election: The election of officers and directors (and Delegate to The American Kennel Club, who may, but need not be a director or officer of the club) shall be conducted by secret ballot in any manner provided for by the laws of the state in which the club is incorporated. Ballots to be valid must be received by the Secretary (or independent professional firm designated by the board) by November 15th. Ballots shall be counted by three inspectors of election who are members in good standing and neither members of the current board nor candidates on the ballot (provided, however, that the board may designate an independent professional firm to send, receive and count the ballots apart from the annual meeting).

The nominated candidate receiving the greatest number of votes for each office 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 V, 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 bylaws. A Nominating Committee shall be chosen by the board of directors before July 15th. The committee shall consist of three members from different areas of the U.S.A., and two alternates, 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 mail, or email.

• (a) The Nominating Committee shall nominate from among the eligible members of the club, one candidate for each office and for each position on the board of directors and shall procure the acceptance of each nominee so chosen. All suggested nominees must have been a member in good standing for two years to be eligible for a position on the board. The committee should consider geographical representation of the membership on the board to the extent that it is practicable to do so. The nominating committee shall then submit its slate of candidates to the Secretary by August 15th, who shall e-mail or mail the list, including the full name of each candidate and the name of the state in which he/she resides, to each member of the club on or before September 1st, so that additional nominations may be made by the members if they so desire. The notice will also include the total number and names of paid voting members in good standing as of that date, so that members who file petitions will know the minimum number of signatures that must be submitted, and identify the eligible petitioners.
• (b) Additional nominations of eligible members may be made by written petition addressed to the Secretary and postmarked on or before October 1st, signed by five members and accompanied by the written acceptance of each such additional nominee signifying his/her willingness to be a candidate. Except for the position of Delegate, no person shall be a candidate for more than one position. If the Secretary is an opposed candidate in the election and the board does not utilize an independent professional firm, the board shall designate another officer or director who is not a candidate in the election to send the final slate to the membership, and receive ballots for tabulation applicable to subsections “4c” and “4d”.
• (c) If no valid additional nominations are received or postmarked on or before October 1st, the Nominating Committee’s slate shall be declared elected and no balloting will be required.
• (d) If one or more valid additional nominations are received or postmarked on or before October 1st, the Secretary (or an independent professional firm designated by the board) shall, on or before October 15th, mail the ballots to the membership, to be returned to the Secretary (or independent firm) by November 15th to be counted, and the Secretary shall send the results of the annual election to each member of the club on or before December 1st and announced at the annual meeting.
• (e) Nominations cannot be made at the annual meeting or in any manner other than as provided above.

Article VII
Committees

Section 1. The board may each year appoint standing committees to advance the work of the club in such matters as dog shows, field trials, obedience trials, etc…., 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 services have been terminated.

Article VIII
Discipline

Section 1. American Kennel Club (AKC) Suspension: Any member who is suspended from any of the privileges of The American Kennel Club automatically shall be suspended from the privileges of this club for a like period.

Section 2. Charges of Misconduct.

• (a) 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 $100.00, which shall be forfeited if such charges are not sustained by the board or a board committee following a hearing.
• (b) After a Board review or a hearing if the charges are found to have merits against a member for alleged misconduct prejudicial to the best interests of the Club or the breed, one or more of the following may apply:
  • (a) A letter of reprimand is sent to the defendant. No member may receive more than 1 letter of reprimand within a 12 month period without incurring further disciplinary action.
  • (b) The defendant is suspended from all privileges of the club for not more than 6 months from the date of the hearing.
  • (c) Expulsion as defined in “subsection 4. Expulsion”.
• (c) Disciplinary hearings may be held via telephone conference call provided there is a bylaw provision which enables the Board to transact business by teleconference. 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.
• (d) If the board considers that the charges do not allege conduct which would be prejudicial to the best interests of the club or the breed, it may refuse to entertain jurisdiction. If the board entertains jurisdiction of the charges and does not issue a letter of reprimand after review, it shall appoint a Special Committee of 3 members in good standing to review the charges to make a recommendation to the Board if the charges have merit as prejudicial to the club or breed. If charges by the Special Committee are found to have possible merit the Board shall fix a date of a hearing not less than three weeks or more than six weeks thereafter by not less than three members of the board or board committee. 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 an assurance that the defendant may personally appear in his/her own defense and bring witnesses if he/she wishes.
• (e) A member who resigns while charges have been preferred against him/her or allows his/her membership to lapse during the fiscal year in which the charges were sustained may not apply for membership for a minimum period of two (2) years from the time of resignation or lapse or the end of any suspension, after which time, he/she must apply in accordance with Article 1, Section 3.

Section 3. Board Hearing. The board or board 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 board committee may by a majority vote of those present reprimand (A written reprimand directed exclusively to the member may be somewhat detailed but an official (published) reprimand should only indicate that subsequent to a board hearing member (X) was officially reprimanded as a result of charges filed by member (Y).) or 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/her fellow members at the ensuing club meeting, which considers the recommendation the board or board committee. Immediately after the board or board 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 board committee as provided in Section 3 of this Article. The defendant shall have the privilege of appearing on his/her own behalf, though no evidence shall be taken at this meeting. The President shall read the charges and the findings and recommendations, and shall invite the defendant, if present, to speak on his/her own behalf. The members shall then vote by secret ballot on the proposed expulsion. A 2⁄3 vote of those present and voting at the annual meeting shall be necessary for expulsion. If expulsion is not so voted, the suspension shall stand.

Article IX
Amendments

Section 1. Amendments: Amendments to the constitution and bylaws 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. Proposed amendments to the standard for the Biewer Terrier must be submitted to the members with recommendations of the board by the Secretary for a vote following the procedures established by the AKC Board of Directors.

Section 2. Constitution: The constitution and bylaws may be amended at any time (or the standard for the breed in accordance with AKC policies), provided a copy of the proposed amendment has been sent by the Secretary to each member in good standing on the date of mailing, accompanied by a ballot on which a choice for or against the action to be taken shall be indicated. Dual-envelope and balloting procedures described in Article VI, 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 postmarked, 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 limit shall be required to effect any such amendment.

Section 3. [No amendment to the constitution and bylaws (or to the standard for the breed) that is adopted by the club shall become effective until it has been approved by the Board of Directors of The American Kennel Club.]

Article X
Dissolution

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

Article XI
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 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
New business
Adjournment

Article XII
Parliamentary Authority

Section 1. The rules contained in the current edition of "Robert's Rules of Order, Newly Revised," shall govern the club in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any other special rules of order the club may adopt.

Amended September 14, 2018