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BY-LAWS
OF THE KANSAS HAWKING CLUB RATIFIED AUGUST 1ST 1992 ARTICLE
1.
MEMBERSHIP AND
DUES Section
1.
Membership Categories and Criteria A.
REGULAR
MEMBERSHIP is open to residents of the State of Kansas, 14 years of age or
older, who have and hold a valid resident Falconry license, or Propagation
Permit. B.
CLUB
MEMBERSHIP shall be open to any other person 14 years or older, and all
non-resident falconers. C.
AFFILIATE
MEMBERSHIP shall be open to any reputable organization, local, regional,
national, or international, having objectives and purposes similar to or allied
with those of this Club. Section
2.
Admission to Membership A.
Admission
to all categories of membership shall be within the discretion of the Officers
as specified in the Constitution. For
admission of any person or organization, the concurrence of a majority vote of
the Officers shall be required. B.
Applicants
shall submit a membership application and the current dues prior to acceptance.
The application shall include the applicants full name, mailing address
and phone number. The application
shall also provide space for a brief statement of the applicants falconry
experience, and shall provide a statement over the applicant’s signature
indication the applicant will abide by and support the Constitution and By-Laws
of the Association.
Section 3. Number and
Duration of Memberships A. There
shall be no restriction as to the number of memberships in the Association. B. Upon
the timely payment of the prescribed annual dues, all categories of membership
shall extend from calendar year to calendar year without interruption, unless
otherwise terminated in accordance with these By-Laws.
A. Annual
dues for all categories of membership shall be established by the Officers and
approved by a mail vote of the Regular Membership as prescribed in the By-Laws
for amending the Constitution and By-Laws.
A two-thirds majority vote of the timely responses in the affirmative
shall be required to establish the amount of annual dues for each membership
category. B. Dues
shall be payable to the Secretary / Treasurer of the Club at the time of
application for membership, or in case of renewal, between January 1st
and February 28th annually. C. Advance
payment for successive years may be accepted, provided that if such membership
is terminated prior to the end of such paid-up period, no refund is permitted.
Further, dues shall not be apportionable for any part of a calendar year,
either upon admission or termination of such membership. D. A
late payment fee may be imposed for those not paying prescribed dues in a timely
manner. The amount of this late fee
shall be determined by a majority vote of the Officers, but shall not be more
than fifty percent of dues.
Section 5. Termination or
Suspension of Membership A. Any
category of membership may be terminated by resignation or death of a Member, or
upon dissolution of the Club. B. Any
category of membership will automatically terminate if not renewed by payment of
annual dues on or before February 28th annually C. Regular
Membership may be suspended by the Officers if, in the sole judgment of the
Officers, such Member has violated the rules, regulations or By-Laws of the
Club, or if in the sole judgment of the Officers, such members’ status,
motives, or activities are prejudicial to the best interests of the Club.
Such suspension shall be imposed only by unanimous vote of the Officers,
provided that a statement of the grounds for such action shall be sent by
certified mail to the Member at his / her address
of record, at least 30 days prior to the action of the Officers, and
provided further, that the member may, prior
to that date, submit to the Officers any matter of explanation, defense,
mitigation, or extenuation. The
Officers may not, however, take any action against a Member, while legal action
is pending against that Member. Termination
of Regular Membership for any of the grounds described require timely mail
responses in the affirmative by the Regular Membership.
Section 6. Mailing Address
and Phone Number A. It
shall be the sole responsibility of each Member to maintain a current address
and phone number of file with the Secretary / Treasurer of the Club at all
times. Such address and phone
number shall be used for all purposes within the Club including mailings and
determination of residence for voting and election qualifications.
This information shall remain confidential to all
other purposes except at the written permission of the individual member.
Section 7. Privileges of
Membership A. Regular
Members shall be entitled to all rights and privileges of the Club, B. including
the right to vote, and serve as an Officer. B. Associate
and Affiliate Members shall be entitled to all rights and privileges of the
Club, except the right to vote and hold Office within the Club. ARTICLE II
AFFILIATION Section
1.
The KANSAS HAWKING CLUB shall maintain an affiliation with the North
American Falconers Association (NAFA). In
the event that less than fifty percent of the Club are members of NAFA, then the
Officers, shall canvas the membership and determine which K.H.C. Members are not
members of NAFA., then the Officers shall authorize the payment of NAFA dues so
that the Club remains affiliated with NAFA. ARTICLE III
THE OFFICERS
Section 1.
Electorate, Qualifications, and Terms of Office A. Electorate.
The officers of the Club shall be elected from the Regular Membership, by
the Regular Membership, as follows: 1.
The President, Vice-President, and
Secretary Treasurer, shall be elected by the regular membership residing in the
State of Kansas.
B. Qualifications
1.
A nominee for any Office must be a
resident of the State of Kansas and must hold a current valid Kansas Falconry
License and / or a Raptor Propagation Permit and further be a current member in
good standing in the Kansas Hawking Club. C. Terms
of office shall be as follows: 1.
The term of the President is to
commence January 1st following ratification of these By-Laws, and
from thenceforth be for a period of two years, changing on even numbered years. 2.
The term of the Vice-President is
to commence January 1st following ratification of these By-Laws, and
from thenceforth be for a period of two years, changing on even numbered years. 3.
The term of the Secretary /
Treasurer is to commence January 1st following the ratification of
these By-Laws, and from thenceforth be for a period of two years, changing on
even years.
Section 2.
A. The
officers shall have general authority to plan for, and supervise the election of
Officers. Voting rules and
procedures to be promulgated by the Officers, shall, among other matters: 1.
Permit completion of regular
elections not less than 30 days prior to expiration of the affected
incumbent’s term of Office, and provide for complete confidentiality of all
ballots cast. 2.
Provide to all Regular Members
timely notice of both nominations and elections, and further provide all Regular
Members reasonable opportunity to nominate and vote for Club Officers. 3.
Insure that at least two qualified
candidates are nominated for each position to be filled, and that each nominee
is willing to accept the responsibilities if elected.
Active competition for election is encouraged. 4.
Insure that nominations and
elections are conducted in a fair and equitable manner. B. Voting
for Officers shall be by mail only and proxy voting shall be prohibited.
C. A
majority vote of all votes cast shall be required for election to an Office.
If no majority vote is received by a candidate, a special election
between the two candidates with the most votes shall be conducted as
expeditiously as possible. Ties
shall require a special election and if not resolved, the tie shall be
determined by a majority vote of the Officers.
Section 3.
Authority and Responsibility of the Officers A. Authority.
The Officers shall have full control and supervision of the affairs of
the Club, consistent with the Constitution and By-Laws, and shall be responsible
to the Regular Membership for the effective and efficient operation of the Club.
Within the discretion of the the Officers, it may delegate to any Officer
such authority it deems appropriate. B. Non-Profit
Tax Law Compliance. Each newly
elected Officer shall after taking office and prior to making any decision,
entering into any contract, or taking any action, familiarize himself with the
Non-Profit tax memo of file with the Secretary / Treasurer.
This action is required to insure that the Club Non-profit tax status is
not inadvertently compromised. C. Contracts.
The Officers shall control and manage all funds and property of the Club,
including specifically the appropriation and disbursements of its funds.
They shall control and authorize the making of all contracts and
purchases of the Club. Unless
specifically authorized by the Regular Membership, however, they shall have no
authority to contract for or otherwise obligate the Association for any debts or
obligations greater than the amount of money which shall be in the Treasury at
the time, nor in excess of the amount needed to discharge any debts or
obligations contracted prior thereto. By
authority of the Officers, contracts in the name of the Club shall be signed by
the President only. Further, a
contract or obligation in excess of $100.00 shall require approval of the
Regular Membership by a mail vote as prescribed in these By-Laws for a
Membership Meeting by mail. D. Fiscal
Planning and Disclosure. On or
before April 30th annually, the Officers shall cause to be prepared
and shall furnish to all Regular Members, in a quarterly newsletter, a financial
statement showing an accurate account of the Club funds, To include all receipts
and expenditures. This statement
shall also forecast the financial programs for the coming year.
Section 4.
Officers Meetings A.
B. A
quorum as such shall not be required, but, unless otherwise prescribed herein,
the affirmative vote of not less than three-fourths of the officers, in person
or in writing, shall be required for action on any matter.
Proxy vote is prohibited. C. Meetings
of the Officers requiring personal attendance, shall require personal verbal
contact or written notice not less than 10 days prior to such meeting. D. Not
less than 20 days from the date of mailing shall be allowed for reply to any
request for vote by mail. Any Officer who shall fail to respond on two consecutive
occasions to such request shall be considered to have resigned his Office.
Section 5.
Termination and Removal of Officers A. With
the approval of the Officers, an Officer may resign.
The following acts or omissions shall be equivalent to resignation and
approval of the Officers shall not be required: 1.
Termination of Regular Membership
in the Kansas Hawking Club. 2.
Failure to make timely response to
Meetings of the Officers as stated
in these By-Laws. B. Any
Officer may be removed from Office upon written petition signed by two thirds of
the Regular Membership who timely respond.
Within 15 days following receipt of such petition, the Officers shall
submit the petition to the Regular Membership for vote by mail.
Notice and ballot shall be mailed to each Regular Member not less than 15
days prior to the last day upon which votes will be accepted. C. In
the event vacancies of the Officers should occur in any manner other than be
expiration of term, the remaining Officers, by majority vote, shall fill such
vacancy from the Regular Membership, provided that such temporary appointment
shall continue only until the next regularly scheduled election, at which time
the vacancy shall be filled by normal election process.
Section 6.
Submission to the Regular Membership
A. Within
the discretion of the Officers, any matter may be submitted to the Regular
Membership for vote by mail. In
such event, the Officers shall be bound by the resulting vote of the Regular
Membership upon the issue submitted. B. Upon
written petition of 25% of the Regular Membership any matter including, but not
limited to proposed amendments to the Constitution and By-Laws, shall be
submitted to the Regular Membership for vote. The Officers shall be bound by
vote results. C. Within
15 days following receipt of such petition, the Officers shall submit
the matter to the Regular Membership for mail vote. The manner of submission and voting on all matters shall
comply with the rules pertaining to Membership Meetings by mail;
providing that in the instances of establishment of dues, amendments to
the Constitution and By-Laws, and dissolution of the Association, a two-thirds
majority vote of those responding shall be required, and a total response of 50%
of the Regular Membership shall be required.
ARTICLE IV
DUTIES OF OFFICERS
Section 1.
The President A. The
President shall: 1.
Call and preside over all meetings
of the Club and the Officers, except as otherwise prescribed herein; 2.
Be responsible for the planning
and presentation of all matters requiring action by Officers, or action by the
Regular Membership, and the expeditious processing of such matters to a
conclusion; 3.
Timely prepare a club news article
for inclusion in the August Chalk Talk; 4.
Assume the role of editor /
publisher of Club Newsletters and maintain a file of same;
Section 3.
The Secretary / Treasurer
The Secretary / Treasurer shall: 1.
Give pr cause to be given notice
of all meetings of the Club;
3.
Maintain a file of all Club
correspondence; 4.
Serve as custodian of all Club
funds and property, and keep a strict accounting of all receipts and
expenditures. 5.
Pay only those expenditures
authorized by the Officers and which are within the unappropriated budget
balances. 6.
Deposit all Club funds in a
suitable account and insure that signature cards are on file with the
institution insuring that arrangements are made so that the account is so
restricted that the signatures of any two Board Members shall be required, one
of which shall be the President or Vice-President and the other shall be the
Secretary / Treasurer, on all checks drawn thereon or withdrawals made therefrom; 7.
Prepare or cause to be prepared
non-profit information tax returns, and insure that the same is timely filed
with extensions if necessary. Maintain
a file of all tax returns and related correspondence,
including the Non-Profit Tax Memo.
Section 4.
December Hawk Chalk Article A. The
Officers shall provide for a volunteer to prepare an article for inclusion in
the December Hawk Chalk. In the event no volunteer can be found, some Regular
Membership shall be assigned the task.
ARTICLE V.
REGULAR MEMBERSHIP MEETINGS
Section 1.
Time and Place A. The
Regular Membership may meet physically at any time and shall meet at least once
every year, upon the call of the President. B. Quorum.
At a Regular Membership Meeting a Quorum shall consist
of not less than 20% of the membership in good standing, represented in
person or by proxy, or by written ballot sent by mail for voting on specific
subjects previously made known to the membership must be present in person.
A majority vote shall control. C.
Committee
of the Whole.
In the absence of a quorum, those present in person at a Regular Meeting
shall act as a “Committee of the Whole” to draft resolutions and proposals
for submission to entire Regular Membership.
Not less than 10% of the Regular Membership must be present in person.
A majority vote shall control. D. Notice.
Written notice of Regular Meetings shall be given to each Regular Member
and shall include the time, place, and general nature of business to be
transacted. Notice shall be given
not less than 15 days prior to such meeting. E.
Voting.
The Officers shall provide for proxy voting by written authorization, at
a Regular Meeting, and when appropriate for specific subjects, shall provide
further for the use of written ballots by mail.
Section 2.
Membership Meetings by mail A. Equivalency
of Mail Vote.
Any voting by mail in which ballots are provided to the entire Membership
in good standing, shall be equivalent to a Regular Membership Meeting. B. Quorum.
For the purposes of Meetings held by
mail, a quorum as such shall be required. Except
as provided for the establishment of dues, amendment, and dissolution, a
majority (over 50%) of the votes cast by the Regular Members responding in a
mail vote, shall control. C. Notice.
Full
notice of the issues involved in a vote by mail, including a ballot on which to
record the vote, shall be mailed to each Regular Member at his address on file
with the Association, not less than 15 days prior to the effective date for
counting the ballots. ARTICLE VI.
CLUB PUBLICATIONS Section
1. The Vice-President shall
be the editor and publisher of Club Newsletters,
and shall maintain a file of such publications. Section
2. The Secretary / Treasurer shall
distribute the Club Newsletters to the entire
Membership
(all Categories), and to such other persons as directed by the
Officers.
Section 3. Club publications shall be published and distributed at least
three times each
year,
unless the Officers determine that there are not sufficient monies
available
for such frequency. Also, the
frequency may be increased by
action
of the Officers. ARTICLE VII.
AMENDMENTS
TO THE CONSTITUTION / BY-LAWS Section
1. The Constitution and By-Laws may be amended only at a Membership
meeting
by mail, provided written notice of such meeting, the proposed
amendment,
its contents, and a ballot, shall be mailed to each Regular
Member in good standing
not less than 15 prior to
the date
fixed for
counting
ballots. At least 50% response of
the total Regular Membership
and
an affirmative
vote of two
- thirds majority
shall be
required for
amendment. Proxy vote is prohibited. ARTICLE VIII.
DISSOLUTION OF THE ASSOCIATION
Section 1. In the
same manner
for amending
the Constitution
and By-Laws,
the
Regular
Membership may by affirmative vote, terminate the existence of the
Club
immediately or at a certain future time.
Section 2. In such event, the Officers shall immediately proceed to wind
up the affairs
of the
Club. All property and assets of the Club, including accounts
receiv-
able, if
any shall be reduced to cash or other suitable disposition made, and
all
outstanding debts, obligations, or liabilities
shall be satisfied insofar as
Section
3. When
the above
requirements have
been satisfied,
the Officers
shall
dispose
of any balance of
cash or
real property
to such organizations
operated
for charitable,
ecological, educational, or
wildlife conservation
purposes, which qualify under
Section 501 (C ) (3) of IRS
Code of 1954,
or the
corresponding provision of subsequent IRS Law in effect at the time.
Section 4. A full and
general accounting
of the disposition and
dissolution shall be
made by the Officers and all Regular Members,
and notice
of dissolution
shall be
given to all members as soon as possible after the completion of all
dissolution
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