|
ARTICLE
1 - NAME & OBJECTIVES
SECTION
1: Name. The name of the association is "American
Dobermann Association", hereinafter called by the abbreviation
"ADA."
SECTION
2: Objectives. The objectives of the American Dobermann
Association are:
a.
To promote and preserve the Dobermann breed as protection,
family companion, and working dog, according to the FCI Standard.
b. To enhance the Dobermann breed by educating the
general public, promote responsible breeding, and sponsor
sport events.
c. To do all in its power and humility to protect and
advance the interests of the Dobermann by encouraging sportsmanlike
competition at ZTP (breed survey), specialty conformation
shows, and working trials.
SECTION 3: Head Office. The head office of ADA is located
in Snohomish, WA - USA. ADA's mailing address is P.O. Box
2231 - Snohomish, WA 98291-2231 USA.
SECTION
4: Status. ADA is a non profit organization incorporated
in the state of Washington, USA. This means the association
is not conducted or operated for profit, and no part of any
profits or remainder or residue from dues or donations to
the association should inure to the benefit of any member
or individual, but should be utilized to further the purposes
and activities of the association.
SECTION
5: The association can have contacts and relations with local,
national, and international organizations for dog related
study knowledge, and seminar purposes.
ARTICLE 2 - INDIVIDUAL MEMBERSHIP
SECTION
1: Types of Membership. ADA is composed of four (4)
types of memberships:
a.
Full Membership. Open to all individuals eighteen, (18)
years of age or older, who subscribe to the purposes of the
association. Full members are provided with an official membership
card and receive a subscription (if applicable) to the association's
official publication, "Dobermann Friend." These
members are entitled to vote, hold office, and benefit in
all advantages of the association.
b.
Family Membership. A family membership includes two (2)
persons in a family as individual members of ADA with all
rights and privileges as described in part "a" above.
Each person is issued a separate membership card.
c.
Junior Membership. This is open to persons under the age
of eighteen (18) years who subscribe to the purposes of the
association. Junior members are not entitled to vote or hold
office, but will benefit from all other advantages of the
association.
d.
Honorary Membership. From time to time, as the association
deems appropriate, a person or persons will be offered honorary
membership. This is intended to honor a person or persons
for an achievement or for a service to the association. Honorary
members will be given a special membership card and will receive
a subscription to the official publication. Honorary members
will have all rights and privileges of membership, but will
not vote or hold office.
SECTION
2: Rules for Individual Membership.
a.
Dues. The Board of Directors will establish the amount
of dues for all types of membership. Honorary members will
be exempt from annual dues. Dues will be honored for one (1)
year from the date of origin, and payable before or on the
expiration date.
b.
Eligibility. The Board of Directors shall approve a Membership
Application Form containing (but not limited to) applicant's
agreement to abide by the Association's Constitution and Bylaws,
the name and address of the applicant. Members do not need
to be residents of the United States.
SECTION
3: Termination. Membership may be terminated by:
a.
Resignation. Any member of ADA may resign from the association
at any time and will be deleted from the membership list.
Resignations must be submitted to the Membership Secretary
in writing. All dues are non-refundable.
b.
Lapsing. A membership will be considered lapsing or automatically
terminated if such member's dues remain unpaid after 30 days
from the expiration date.
c.
Expulsion. A membership may be terminated by expulsion
as provided in Article 7, Section 5 of these Bylaws.
ARTICLE 3 - DIRECTORS & OFFICERS
SECTION
1: Board of Directors. The function and responsibility
of the Board of Directors is to act as the governing body
of the association. The Board maintains liaisons with the
national and international organizations involved. The Board
will establish policy and act on behalf of the club membership.
The Board is responsible for selecting events as ZTP, shows,
and trials, and for conducting such events. General Management
of the association's affairs is entrusted to the Board of
Directors. The Board of Directors consists of the association
President, Vice-President, Treasurer, Secretary, and Technical
Committee, which includes Director of Judges, National Breeder
Warden, National Training & Working Director, Regional
Directors, and such other officers that the association may
require, as determined by the Board of Directors. The association
President acts as chairman of the Board, presides over meetings
of the Board, and carries out other duties as may be prescribed
by these Constitution and By-Laws. Any vacancy that may occur
on the Board of Directors is filled by special election of
the membership.
SECTION
2: Officers. The Officers of ADA are those people who
handle the official affairs of the association. Officers have
a vote on Board of Directors. The Officers of the association
shall be:
a. President
b. Vice President
c. Treasurer
d. Secretary
Technical Committee
e. Director of Judges
f. National Breeder Warden
g. National Training & Working Director
h. Regional Directors
SECTION
3: Terms of Office. All elected Officers shall have
a term of office of three (3) years, and can be reelected.
There is no limit of number of consecutive terms a person
may hold office.
SECTION
4: Duties of Officers. Officers shall perform the duties
prescribed by these constitution and bylaws and by the parliamentary
authority adopted by ADA.
a.
President. The President is the Chief Executive Officer
and legal head of the association. The president exercises
supervision over the association and all its activities. The
President represents ADA in public, presides at business meetings,
and has the authority to appoint committees. The President
may sign letters and documents necessary to carry out the
will of the association. The President serves as chairman
of the Board of Directors and shall be an advisory member
of all committees except the Nominating Committee.
b.
Vice President. The Vice President shall assume the duties
of the President in case of his/her absence or incapacitation.
The Vice President shall assume that office for the remainder
of the term in the event the office is vacated for any reason.
He/she also serves as a member of the Board of Directors.
c.
Treasurer. The Treasurer shall be responsible for collecting,
accounting for and handling all funds of the association.
The Treasurer shall insure that all funds are deposited in
such financial institution as the Board of Directors may designate.
He/she shall see that disbursements there from are made as
is necessary and proper to meet the just and due obligations
of ADA. The Treasurer shall secure the services of a Certified
Public Accountant to audit the accounts of ADA annually. This
audit shall take place not more than ninety (90) days prior
to the annual meeting of the General Board. The Treasurer
shall present a financial report at every meeting of either
Board of Directors, and at any other time as requested by
the President or the Board of Directors. The Treasurer shall
make all of his/her records available at the General Board
meeting for review by any full member of ADA. The Treasurer
shall be responsible for overseeing the membership records.
He/she also serves as a member of the Board of Directors.
d.
Secretary. The Secretary shall be responsible for taking
and preparing accurate minutes of all meetings of the Board
of Directors and shall maintain a complete file of the ordinances,
bylaw revisions, resolutions and other official ADA action.
The secretary shall maintain a file of committees and the
members. The Secretary shall record all terms of office and
inform the General Board when elections are due. During the
meeting of the General Board, it shall be his/her duty to
insure that only those persons with proper credentials be
seated. The Secretary shall insure that only persons authorized
to vote are allowed to vote and shall perform other duties
as prescribed by the Board. He/she also serves as a member
of the Board of Directors.
e.
Director of Judges. The Director of Judges shall be responsible
for appointing Judges for each event ADA organizes. As a member
of the Technical Committee, he/she shall promote activities
and seminars to form and maintain high level judges. The Director
of Judges shall be in charge of the annual Judges Forum Meeting,
where the invited judges gather to share opinions and experience
to create a uniformity of judgment for the breed. He/she also
serves as a member of the Board of Directors.
f.
National Breeder Warden. The National Breeder Warden shall
regulate the annual breeding activities. He/she shall present
to the Board an annual report on the Dobermann breeding, which
should highlight the different aspects necessary to better
develop the Dobermann breed in the future. He/she also serves
as a member of the Board of Directors.
g.
National Training & Working Director. The National
Training & Working Director shall maintain connection
with the local ADA clubs. He/she shall present to the Board
an annual report on the Dobermann Training and Working activities
of the year. The National Training & Working Director
shall be responsible of continuously improving the quality
of training and working of the Dobermann breed. He/she also
serves as a member of the Board of Directors.
h.
Regional Directors. The Regional Directors shall reside
within the region they represent and will insure geographic
representation. They will assist in the development of new
ADA local clubs, serves a liaisons to their respective regions,
act as advisors for all regional events, and perform such
other functions as prescribed by the Board. He/she also serves
as a member of the Board of Directors.
SECTION
5: Assistance. One or more persons may be appointed
by the Board of Directors to assist the Officers listed above
in the performance of their duties, and in case of an unexpected
vacancy.
ARTICLE 4 - VOTING, NOMINATION, & ELECTION
SECTION
1: Voting.
a.
At all ADA meetings, voting shall be limited to voting
members in good standing who are present at the meeting. Voting
by proxy shall not be permitted.
b.
Local ADA Member Clubs in good standing shall be entitled
to a single vote on issues presented at each ADA meeting.
If not present at meeting, they are entitled to a vote by
mail within maximum 10 days from the meeting date. The vote
of a local ADA member club shall express the opinions of that
club and be certified by the secretary of that club. The vote
may be cast by a delegate representative member if such vote
is certified by the member club secretary or by its board
of directors.
SECTION
2: Nomination.
a.
The Nomination Committee shall be chosen by the Board before
January 31st of each year. The Committee shall include three
members. One of the members shall be a member of the current
Board of Directors, and shall serve as chairman of the Committee.
The committee shall nominate a single slate of candidates
for all officers, excluding the Regional Directors. It shall
solicit recommendations, and shall request information from
candidates, which will enable it to evaluate a person's experience,
skills, and willingness to serve.
b.
Candidates for officer positions may be nominated from:
(1) the nomination committee, which shall make known its selections
for Officers at the general Board of Directors meeting; (2)
the floor, which shall be signed by twelve (12) members and
accompanied by the written acceptance of each such additional
nominee signifying her/his willingness to be a candidate.
Additional Nomination of eligible members may be made by written
petition addressed to the Secretary on or before March 25th.
c.
To be eligible for election, a nominee or write in candidate
must be a full member of ADA. He/she may not be under twenty-one
(21) years old. He/she may not be under current disciplinary
action.
SECTION
3: Elections.
a.
The person receiving the largest number of votes for each
position shall be elected and installed at the ADA annual
meeting.
b.
The voting shall by secret ballot only.
c.
A ballot counting committee shall be appointed by the President,
and shall determine the legality of the ballots cast, tabulate
the results, and give them to the President, who shall announce
the official results of the election.
d.
If any nominee at the time of appointment of office is unable
to serve for any reason, such nominee shall not be elected,
and the vacancy so created shall be filled by the Board of
Directors in manner provided by Art. 3, Section 5.
e.
At any meeting the Board of Directors shall elect the
Technical Committee (Director of Judges, National Breeder
Warden, National Training & Working Director, and Regional
Directors) appointed by the President. A majority of votes
from the present members of the Board of Directors is required
for election. Repeat balloting is required if no candidate
receives the necessary majority.
ARTICLE 5 - REGIONS & REGIONAL DIRECTORS
SECTION
1: Regions.
a.
The area served by ADA shall be divided into regions.
b.
Regional boundaries may be altered or regions may be divided
by: (1) request of the Regional Director; (2) request of a
majority of full member clubs in the region; (3) decision
of the Executive Board after a review of the changing needs
of a region.
c.
No regional boundary shall be altered without the approval
of the Board of Directors.
SECTION
2: Voting Rights of Regional Directors. Regional Directors
are members of the Board of Directors and shall have right
to one vote.
SECTION
3: Duties. ADA Regional Director shall be the regional
representative of the association. The Regional Director shall
assist in the development of ADA local clubs in the region
and shall approve trial dates for all clubs in his/her region.
The Regional Director shall forward requests for ADA judges
to the Director of Judges. He/she may be assigned other duties
as needed.
SECTION
4: Territory.
a.
The territory over which each Regional Director shall have
supervision shall be decided by the Board of Directors.
b.
A Regional Director shall have authority in his/her region
only. If circumstances dictate, the President or the Board
of Directors may require a Regional Director to take responsibility
for an area or an ADA local club outside of his/her own region.
SECTION 6: Nomination & Election of Regional Directors.
a.
Candidates for the position of Regional Directors may be nominated
by a Delegate from a full ADA local club in that particular
region. All nominations must be seconded, and proposed to
the ADA President. The nominee presented by the President
must be approved by the Board of Directors.
b. To be nominated a candidate must receive a majority
of the votes of all the ADA local clubs in good standing in
the particular region.
SECTION
7: Assistant Regional Directors.
a.
Each region shall nominate an Assistant Regional Director
to assist the Regional Director in his/her duties. The eligibility
requirements, nomination, election, and term of office shall
be the same as for Regional Directors.
b.
In the event the Regional Director resigns or is incapacitated
the Assistant Regional Director shall assume the position
of Regional Director for the remainder of the term.
c.
If the Regional Director is unable to attend a meeting of
either Board of Directors, the Assistant Regional Director
may attend in his/her place and shall have a vote on either
Board.
SECTION
8: Appealing a decision of a Regional Director.
Any
Affiliated ADA local Club, Full ADA local Club, or individual
member of the association in good standing can appeal the
decision of the Regional Director or Assistant Regional Director
to the Board of Directors. The appeal must be made in writing
to the Secretary of the association. After consideration of
the appeal and allowing the Regional Director or Assistant
Regional Director to explain his/her position, the Board of
Directors by majority vote can overrule the decision of a
Regional Director.
ARTICLE 6 - ADA LOCAL CLUBS
SECTION
1: Objectives.
a.
ADA Local Clubs shall be conducted as non profit organizations,
and their activities shall be in full compliance with ADA's
objectives to promote and preserve the Dobermann Breed as
a protection, family-companion, and working dog, according
to FCI Standard and ADA rules & regulations.
b.
ADA Local Clubs are licensed by ADA to conduct events as ZTPs,
CAC Shows, Trials, and other events authorized by ADA.
c.
If in good standing an ADA Local Club may send a voting delegate
to each ADA Board meeting.
d.
To maintain its status and license, each ADA Local Club shall
hold at least one sanctioned ADA event per calendar year,
beginning January 1st of the year after the year in which
the ADA Local Club is granted the official status.
e.
By the end of every year, but no later than January 31st of
the following year, ADA Local Clubs shall submit to the ADA
Secretary an annual report on their local breeding and sport
activities to improve the quality of the Dobermann Breed.
SECTION
2: Application.
a.
To form an ADA Local Club, 10 or more ADA full members
are necessary. Five of those ten need to have been ADA full
members for at least the previous 12 months.
b.
Each ADA Local Club shall adopt a set of Bylaws provided by
the ADA Secretary and approved by the Board of Directors.
c.
An annual fee determined by the Board of Directors shall be
paid by each ADA Local Club.
d.
At time of application, submit the followings:
- List of local club members including names and addresses
- Statement signed by two officers guaranteeing observance
of the ADA Constitution, Bylaws, and ordinances
- List of local club officers (President, Vice President,
Treasurer, Secretary, and Training Director)
- Letter of recommendation by Regional Director or Officer
of Board
ARTICLE 7 - DISCIPLINE
SECTION
1: Suspension. Any ADA member who is suspended from
the privileges of a recognized FCI Dog Club or Breed Association
shall have his/her suspension reviewed by the ADA Board of
Directors. The Board shall give notice to the member of its
intent to convene a hearing for purpose of such a review,
and shall conduct a hearing at which the member may appear
in person or by sworn testimony, and the testimony of witnesses
shall be taken either in person or by sworn statement. Following
such hearing, if the member is found to have acted in a manner
detrimental to the interests of the ADA, his/her membership
may be suspended for a period of time as set by the Board
after hearing.
SECTION
2: Charges. Any member may prefer charges against another
member for alleged misconduct prejudicial to the best interest
of the ADA. Each charge must be accompanied by a $100 deposit
and must be filed with the Secretary along with written letter
setting forth the details and nature of the charge, and sworn
to before a notary public. The deposit(s) shall be forfeited
for each charge which is not sustained.
The
Secretary shall promptly send a copy of the charges to the
accused party (by certified mail) and to each member of the
Board or present them at the Board meeting. The accused may
answer charges in writing to the Secretary within thirty (30)
days of receipt, and may also provide testimony from witnesses.
The Secretary shall forward copies of any answers and/or testimony
to all members of the Board promptly upon receipt. If no answer
is received, the Secretary shall inform the board within thirty
(30) days. The Board must act within sixty (60) days of receiving
the answer to the charges or the notification that no answer
was forthcoming.
The
Board shall consider whether the actions alleged in the charges,
if proven, would constitute conduct prejudicial to the best
interest of the ADA. If the Board does not consider the charges
relevant, it may refuse to entertain jurisdiction.
If
the Board entertains jurisdiction, it shall fix a date, time,
and location of a hearing by the Board or a committee of not
less than three (3) members of the Board, not less than three
(3) weeks nor more than six (6) weeks thereafter. The Secretary
shall promptly send notification of the hearing to the complainant
and the defendant by certified mail, together with an assurance
that the defendant may personally appear in his/her own defense
and bring witnesses if he/she wishes.
SECTION
3: Hearings. Any hearing required or permitted by these
laws in any arisen dispute or controversy shall be held within
the State of Washington at such place as the Board of Directors
shall designate. In all such hearings these Bylaws and the
substantive law of the State of Washington shall control the
rights of the parties. Each ADA local club member agrees,
as a condition of ADA membership, to irrevocably submit to
the jurisdiction of the State of Washington for the purpose
of enforcing any decisions.
SECTION
4: Board Hearings. The Board or committee shall have
complete authority to decide whether counsel may attend any
hearing, but both complainant and defendant shall be treated
uniformly in that regard.
If
either party shall fail or refuse to appear and present or
defend charges at the time and place designated for hearing
without giving a reasonable excuse for such failure or refusal,
the Board of Directors to which charges have been referred
may suspend whichever party shall be so in default from the
privileges of the Association for a period of six (6) months
or until such time as the party so in default from shall be
prepared to appear, ready and willing, to present or defend
charges, as the case may be.
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 Association for a
period of six (6) months or until such time as the party so
in default shall be prepared to appear, ready and willing,
to present or defend charges, as the case may be.
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 Association for not
more than six (6) months from the date of the hearing, or
until the next Annual Meeting if that will occur after six
(6) months. If the Board 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 ADA meeting which considers the recommendation
of the Board or committee. Immediately after the Board or
committee has reached a decision its finding 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
5: Expulsion. Expulsion of a member from ADA may be
accomplished only at the Annual Meeting of the Association,
following a hearing and upon the recommendation of the Board
or committee as provided in Section 4 of this Article. The
defendant shall have the privilege of appearing in his/her
own behalf though no evidence shall be taken at this meeting.
The President shall read the charges, findings, and recommendations,
and shall invite the defendant, if present, to speak in his/her
own behalf. 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 Annual Meeting shall be
necessary for expulsion. If expulsion in not so voted, the
suspension shall stand.
ARTICLE 8 - AMENDMENTS
SECTION
1: Amendments to the Constitution and Bylaws. Amendments
to the Constitution and Bylaws of the American Dobermann Association
may be proposed by the Board of Directors or by written petition
addressed to the Secretary, and signed by (20%) of the membership
in good standing. The proposed amendments shall be promptly
considered by the Board of Directors and sent to each ADA
member for a vote within three (3) months of receipt from
the Secretary. Amendments to the Constitution and Bylaws may
be made at any time, provided that a copy of the proposed
amendment has been sent by the Secretary to each ADA member,
along with a notice to vote for or against the action. This
notice shall specify a date not less than thirty (30) days
after the mailing date by the Secretary. The favorable vote
of two-thirds (2/3) of the members in good standing whose
notices are returned within the time limit shall be required
to effect any such amendments. The Board shall examine and
record its conclusions in the ADA official publication, where
reasons for whatever actions have been taken need to be included.
SECTION
2: Amendments to Rules and Regulations. The rules and
regulations for any Association's events may be amended at
any meeting of the Board of Directors. Such amendments may
also be proposed by written petition of twenty percent (20%)
of the membership in good standing, and shall be promptly
considered by the Board. The Board shall examine and record
its conclusions in the ADA official publication, where reasons
for whatever actions have been taken need to be included.
ARTICLE 9 - DISSOLUTION
SECTION
1: Dissolution. The American Dobermann Association
may be dissolved at any time by written consent of not less
than two-thirds (2/3) of the members. In the event of dissolution
of the Association, whether voluntary, involuntary, or by
operation of law, none of property, proceeds, and assets of
the Association shall be distributed to any of its members.
After payment of all debts and liabilities of the Association,
its assets and properties shall be distributed to a recognized
non profit organization chosen by the Board.
ARTICLE
10 - ORDER OF BUSINESS
SECTION
1: Order of Business. At all meetings of the association
the order of business, so far as the meeting's nature shall
permit, shall be as follows:
-Roll Call
-Reading of Minutes
-Report of President
-Report of Secretary
-Report of Treasurer
-Report of Technical Committee
-Election of Officers and Board (at Annual Meeting)
-Unfinished Business
-New Business
-Adjournment
|