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BY LAWS OF THE
UTAH FALCONER'S AND RAPTOR BREEDER'S
ASSOCIATION
These By Laws of the Utah Falconer's and Raptor Breeder's Association are adopted by the Board of Trustees of the Association and are dated and effective as of the date of adoption as indicated on the last page hereof.
Article I
MEMBERSHIP AND DUES
Section 1. Membership Categories and Criteria.
The Association shall have the following Memberships:
(a) REGULAR MEMBERSHIP is open to residents of the State of Utah,
fourteen (14) years and older, who have and hold a valid resident falconry
license or propagation permit.
(b) ASSOCIATE MEMBERSHIP is open to other persons, resident or non
resident, fourteen (14) years and older, having genuine interest in falconry
as a field sport, and/or the captive breeding of birds of prey. Non resident
falconry license holders may be afforded Associate Membership.
(c) AFFILIATE MEMBERSHIP is open to reputable organizations,
corporations, local, national or international, having purposes and
objectives similar to or allied with those of the Association.
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 applicant's full
name, mailing address and phone number, and e mail address if
applicable. The application shall also provide space for a brief statement
of the applicant's falconry experience, and shall provide a statement over
the applicant's signature indicating the applicant will abide by and support
the Constitution and By Laws of the Association.
Section 3. Number and Duration of Members.
(a) There shall be no restriction on the number of memberships in the
Association.
(b) Upon the timely payment of the prescribed annual due, all categories of
membership shall be extended through the next calendar year without
interruption, unless otherwise terminated in accordance with these By
Laws.
Section 4. Dues.
(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 by 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 Association at the
time of application for membership, or in the case of renewal, between
January 1St and February 28' annually.
(c) Advance payment of dues for successive rears may be accepted, provided
that if such membership is terminated prior to the end of the pre paid
period, no refunds shall be permitted. Further, dues shall not be
apportionable for any part of a calendar year, either upon admission or
termination of membership.
(d) A late payment fee may be imposed for those not paying the prescribed
dues in a timely manner. The amount of this late fee shall be established
by a majority vote of the officers, but shall not be more than fifty percent
of the delinquent dues.
Section 5. Termination or Suspension of Membership.
(d) Any category of membership may be terminated upon resignation or death
of a Member, or upon dissolution of the Association.
(e) Any category of membership will automatically terminate if not renewed
by payment of annual dues on or before February 281 annually.
(f) Suspension or termination of Regular Membership shall be as follows:
(1) Suspension. 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 Association, of if
in the sole judgment of the Officers, such member's status,
motives, or activities are prejudicial to the best interests of the
Association. Such suspension shall be imposed only by a
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.
(2) Termination. Regular Membership may be terminated for any of
the grounds described above and shall also be accomplished by a
two thirds majority vote of the timely mail responses in the
affirmative by the Regular Membership.
(d) The provisions of paragraph (c) are not applicable to Officers of the
Association. Officers must first be removed from office, as hereinafter
prescribed, prior to any suspension or termination of Regular Membership.
While in a suspended status, a Regular Member may not hold any office,
nor be entitled to vote.
Section 6. Mailing Address and Phone Number.
It shall be the sole responsibility of each Member to maintain a current address and phone number on file with the Secretary/Treasurer of the Association at all times. Such addresses and phone numbers shall be used by the Association for all purposes authorized by the Constitution and the By Laws of the Association, including mailings and determination of residence for voting and election qualifications. Otherwise, this information shall remain confidential and may not be disclosed unless written permission of the individual member is obtained prior to release.
Section 7. Privileges of Membership.
(a) Regular Members shall be entitled to all rights and privileges of the Association, including the right to vote and to serve as an Officer.
(b) Associate and Affiliate Members shall be entitled to all rights and
privileges of the Association, except the right to vote and to hold office
within the Association.
Article II
AFFILIATION
THE UTAH FALCONER'S AND RAPTOR BREEDER'S ASSOCIATION shall maintain an affiliation with the North American Falconers Association (NAFA). In the event that less than fifty percent of the association are members of NAFA, then the Officers, shall canvass the Membership and determine which Members are not members of NAFA. Having made that determination, the Officers shall contact all non NAFA members and encourage them to join NAFA. In the event that they are unable to encourage enough Members to join NAFA, so that fifty percent of the Association Members are members of NAFA, then the Officers shall authorize the payment of NAFA dues so that the Association remains affiliated with NAFA.
Article III
OFFICERS
Section 1. Electorate, Qualifications and Terms of Office.
(a) Electorate. The Officers of the Association shall be elected from the
Regular Membership, by the Regular Membership, as follows:
The President, Vice President and Secretary/Treasurer shall be
elected by the Regular Membership residing in the State of Utah.
(b) Qualifications. A nominee for any Office must be a resident of the State
of Utah and must hold a current and valid falconry license and/or Raptor
Propagation Permit and further be a current Member in good standing.
(c) Terms of Office. Terms of Office shall be as follows:
(1) The term of the President is to commence January 1 S` following the
ratification of these By Laws, and from thenceforth to be a period
of two years, changing on even numbered years.
(2) The term of Vice President is to commence January 1st following
the ratification of these By Laws, and from thenceforth to be a
period of two years, changing on odd numbered years.
(3) The term of Secretary/Treasurer is to commence January 1St
following the ratification of these By Laws, and from thenceforth
to be a period of two years, changing on odd numbered years.
Section 2. Election of Officers.
(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 Associated 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 of Office if elected. Active competition for
election shall be 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
a 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 Officers.
(a) Authori . The Officers shall have full control and supervision of the
affairs of the Association, consistent with the Constitution and By Laws,
and shall be responsible to the Regular Membership for the effective and
efficient operation of the Association. Within the discretion of the
Officers, the Officers may delegate to any Officer such authority as
deemed appropriate.
(b) Non Profit Tax Law Compliance. Each newly elected Officer shall after
taking office and prior to making any decisions or entering into any
contract, or taking any action, familiarize himself with the Non Profit Tax
memorandum on file with the Secretary/Treasurer. This action is required
to insure that the Association's Non Profit Tax Status is not inadvertently
compromised.
(c) Contracts and Obligations. The Officers shall control and manage all
funds and property of the Association, including specifically the
appropriation and disbursements of Association funds. The Officers shall
control and authorize the making of all contracts and purchases of the
Association. Unless specifically authorized by the Regular Membership,
however, the Officers 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
Association shall be signed by the President only. Further, a contract or
obligation in excess of $5000.00 shall require approval of the Regular
Membership by a mail vote as prescribed by these By Laws for a
Membership Meeting by mail.
(d) Fiscal Planning and Disclosure. On or before April 30 annually, the
Officers shall cause to be prepared and shall furnish all Regular Members,
in the quarterly newsletter, a financial statement showing an accurate
account of the Association funds, to include all receipts and expenditures.
This statement shall also forecast the financial programs for the coming
year.
Section 4. Officer Meetings.
(a) The Officers shall meet, either in person or by mail upon the call of the
President at any time, or by the call of two other Officers, but not less than
twice a year. The President, or in his absence, the Vice President, shall
preside over all meetings of the Officers, except as otherwise prescribed
by these By Laws.
(b) A quorum of the Officers present shall not be required to hold meetings,
but unless otherwise prescribed herein, an affirmative vote of not less than
three fourths of the Officers, in person or in writing, shall be required for
actions on any matter. Proxy voting 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) A reply to any request for vote by mail shall be allowed not more than 20
days from the date of mailing. Any Officer who shall fail to respond on
two consecutive occasions to such requests 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 omission shall be equivalent to resignation and approval of the
Officers shall not be required:
(1) Termination of Regular Membership in the Association.
(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, or upon recommendation by the
other Officers and approved by the affirmative vote of two thirds of the
Regular Membership who timely respond. Withing 15 days following
receipt of such petition, the Officers shall submit to 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 that vacancies of the Officers should occur in any manner
other than by 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 issues
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 mail vote.
The Officers shall be bound by the 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 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.
The President shall:
(a) Call and preside over all meetings of the Association and the Officers,
except as otherwise prescribed herein.
(b) Be responsible for the planning and presentation of all matters requiring
action by the Officers, or action by the Regular Membership, and the
expeditious processing of such matters to the conclusion.
(c) Timely prepare a club news article for inclusion in the April Hawk Chalk.
(d) Conduct the Association business in accord with the policies set by the
Officers. He shall perform such other acts and duties as may be prescribed
by the Officers.
(e) Perform to the best of his ability to further the goals of the Association and
do so at all times within the guidelines of the Constitution and By Laws.
The Vice President shall:
(a) In the absence of the President, or in the event of his death or inability to act, as confirmed by the Officers, perform all acts and duties of the President.
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(b) Assist the President as required and shall perform such other and further
duties as may be prescribed by the President or the Officers.
(c) Timely prepare a club news article for inclusion in the August Hawk
Chalk.
(d) Assume the role of editor/publisher of Associated Newsletters and
maintain a file of same.
(e). Maintain for sale to the Membership all Association items and publications, at prices to be set by the Officers.
Section 3. The Secretary/Treasurer.
The Secretary/Treasurer shall:
(a) Give or cause to be given notice of all meetings of the Association.
(b) Keep minutes and records of all Regular Meetings and Meetings of
Officers, including those conducted by mail, and record all actions of the
Officers during such Meetings.
(c) Maintain a file of all Association correspondence.
(d) Serve as custodian of all Association funds and property, and keep a strict
accounting of all receipts and expenditures.
(e) Pay only those expenditures authorized by the Officers and which are
within the unappropriated budget balances.
(f) Deposit all Association funds in a suitable account and insure that
signature cards are on file with the institution, insuring that arrangements
are made so that the accounting is so restricted that the signatures of any
two Board Members shall be required, one of which shall be the President
or the Vice President and the other the Secretary/Treasurer, on all checks
drawn thereon or withdrawals made therefrom.
(g) Maintain proper accounting records of all Association funds and prepare
the financial statement to be provided to the Regular Membership on or
before April 301 annually.
(h) Prepare or cause to be prepared non profit information tax returns, and to
insure that the same is timely filed with extension is necessary. Maintain a file of all tax returns and related correspondence, including the Non Profit
Tax Memorandum.
Section 4. The Hawk Chalk.
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 Member shall be assigned the task.
Article V
REGULAR MEMBERSHIP MEETINGS.
Section 1. Regular Membership Meetings.
(a) Time and Place. The Regular Membership may meet physically at any
time and reasonable place upon the call of the President, provided that, the
Regular Membership shall meet at least once every year.
(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 Regular Membership. Not less
than 10% of the Regular 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 the entire Regular
Membership for a mail vote. A majority vote of the Committee of the
Whole shall control.
(d) Notice. Written notice of Regular Meetings shall be given to each Regular
Member and shall include the time, place, a 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 with 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 not be required. Except provided for the establishment of dues,
amendments, and dissolution, a majority of the votes cast by 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
ASSOCIATION PUBLICATIONS
Association 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. The frequency of publications may be increased by action of the Officers.
Section 1. Editor and Publisher.
The Vice President shall be the editor and publisher of the Association Newsletter, and shall maintain a file of such publications.
Section 2. Distribution.
The Secretary/Treasurer shall distribute the Association Newsletters to the entire membership (all categories), and to such other persons as directed by the Officers.
Article VII
AMENDMENTS TO THE CONSTITUTION
AND BY LAWS
The Constitution and By Laws may be amended only at a Membership Meeting by mail, provided written notice of such meeting and the proposed amendment, its contents and a ballot, shall be mailed to each Regular Member in good standing not less than 15 days 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 voting is prohibited.
Article VIII
DISSOLUTION OF THE ASSOCIATION
Section 1. Procedure.
In the same manner for amending the Constitution and By Laws, the Regular membership may by affirmative vote, terminate the existence of the Association immediately or at a time future certain.
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Section 2. Association Affairs.
In such event, the Officers shall immediately proceed to wind up the affairs of the Association. All property and assets of the Association, including accounts receivable, if any, shall be reduced to cash or other suitable disposition made, and all outstanding debts, obligations, or liabilities shall be satisfied insofar as liquidated assets permit.
Section 3. Final Disposition of Assets.
When the above requirements have been satisfied, Officers shall dispose of any balance of cash or real property to such organizations operated for charitable, ecological, educational, wildlife conservation purposes, which qualify under Section 501(c) of the Internal Revenue Service Code, as amended or supplemented, or the corresponding provisions of subsequent IRS laws in effect at the time of dissolution.
Section 4. Final Accounting.
A full and general accounting of the disposition of 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 completion of all dissolution business.
e G
Vice President
The forgoing By Laws of the Utah Falconer's and Raptor Breeder's Associat on were approved by the Board and ratified by the,,Regular Membershp on the f "' day of ,
1999.
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