BYLAWS
OF
THE 395 CONCOURSE OF
An unincorporated Association
______________________________________________________________________________
ARTICLE
I - NAME
The
name of the organization shall be:
“THE 395 CONCOURSE OF
ARTICLE
II - PURPOSE
The
expressed purpose of the 395 CONCOURSE OF SOUTHERN CALIFORNIA shall be to
promote competition, encourage sportsmanship, and influence youth through the
SPORT OF PIGEON RACING.
ARTICLE
III - AIRLINES
All
flyers must have an airline as measured by Bowen’s Surveys.
ARTICLE
IV - BOUNDARIES
SECTION 1. The
boundaries of this concourse shall be:
(a) The Northern
boundary shall be 35 degrees 0.236 minutes north latitude.*
(b) The Western
boundary shall be the coastline of the
(c) The Eastern
boundary shall be unlimited.
(d) The Southern
boundary is the Mexican border
* As
approved by the membership at its
ARTICLE
V - MEMBERSHIP
SECTION 1. (a) Membership in the concourse is open to any AU
Racing Pigeon Club in good standing within the 395 Concourse Boundaries. Members that are paid members may remain in
good standing and shall retain their membership even if they are located
outside these boundaries.
(b) All new members shall be on a one (1) year probation. During its probationary period the other
members shall evaluate the new member’s compliance with these Bylaws. If the new member is found not in full
compliance by the majority vote of the delegates and the member clubs the new
shall be subject to one of the following penalties as determined by a majority
vote of the delegates and member clubs:
1. Extension of Probationary Period
2. Termination of Membership
3. Suspension of Membership for a period not to
exceed one (1) year.
SECTION 2. All club
applications for membership shall be in writing to the SECRETARY -
TREASURER OF THE 395 CONCOURSE and each application must be accompanied by a
copy of the applicant club’s BYLAWS, Race Rules, Boundaries, and a membership
roster which shall contain member names, addresses, phone numbers, club
officers designated and the date each member joined the club.
SECTION 3. The
President of the Concourse shall appoint a committee to thoroughly investigate
any club making application for membership.
The investigation shall consist of the following:
(a) Geographical location of the pigeon lofts.
(b) Checking BYLAWS, ARPU RACE RULES and
BOUNDARIES for compliance within the BYLAWS and RACE RULES of the 395
Concourse.
(c) To report on any other findings or
irregularities found at the next regular or special meeting following the
filing of the application for membership.
Then the application for membership shall be voted on, unless tabled by
cause of insufficient information, following the committee investigation.
SECTION 4. The
applicant club’s membership must be approved by the majority vote of the
current member’s delegates and member clubs.
SECTION 5. Any
member club may resign from the 395 Concourse at any time and all its
rights in the 395 Concourse cease upon resignation. Notice of the resignation shall be in writing
signed by the member club’s president.
ARTICLE
VI - ANNUAL DUES
Annual
dues shall be $6 per adult member of the member club. Dues are due February 1, and are delinquent
March 1. Dues for junior members (under
18 years of age) will be $3 per year.
Any clubs failing to pay their dues by March 2, forfeit all rights to membership
to the 395 Concourse of Southern
ARTICLE
VII - SUSPENSION AND EXPULSION
SECTION 1. (a) Member
delegates of the Concourse are authorized to suspend from membership for
a period of one (1) year, or expel from membership any member of this
Concourse for good cause.
(b) “Good Cause” as used in this section
means:
(i) Any conduct that brings the Concourse into
public disrepute or violates the purposes
for which this Concourse was formed.
(ii) Any willful failure or refusal to abide by
the Bylaws, Race Rules of the Concourse or the
American Racing Pigeon Union
Official
Club Race Rules (including the Addendum).
(iii) Any willful failure or refusal to respond in
writing to supply
information requested by a Concourse officer as it pertains
to the
administrative duty of such officer.
(c) Definitions.
(i) A “suspension” results in loss all voting
and other rights of the member during the term of
suspension, provided, however, that such
member shall not be relieved of any liability for payment of dues
or assessments falling due or levied during the period of suspension.
(ii) An “expulsion”, results in the membership of
the member in this Concourse being immediately and conclusively terminated,
provided, however, that such member shall not be relieved of any liability for
the payment of dues assessments accruing prior to the hearing on the charges
against the member.
(iii) “Delegate” person or persons, elected by a
member club to
represent and vote for such member club at all Concourse meetings.
(iv) “Concourse” is the 395 Concourse of Southern
(v) “Member” is a racing pigeon club who is a
member of the 395 Concourse of Southern
(vi) “Individual Member” is a person who has
membership in a member club.
(d) Procedure.
(i) Proceedings against a subject member may be
initiated by resolution by majority vote of the
delegates and member clubs adopted
at any meeting at which a quorum is present.
(ii) On adoption of the resolution, the President,
or if he/she is unable or refuses to act, the Vice
President shall schedule the matter
to be heard by the delegates at the next regular or special meeting
held not less than twenty (20) nor more than forty (40) days after the
date the resolution is adopted or the petition received,
as the case may be. The Secretary, or
other person appointed by the President
for the purpose, shall deliver at least
ten (10) days prior to the date of the hearing a copy of the resolution
or petition, together with a notice of time and place of the
hearing, to the subject member either in person or by United States mail addressed to
him at his address as it appears on the books
of the Concourse. If a quorum fails to
attend such meeting, the matter
shall be heard at the next succeeding regular or special meeting, provided, however, that if
a quorum fails to attend such next
succeeding regular or special meeting, the matter against the subject
member shall be dismissed. Such
dismissal shall be automatic
and final, except that the alleged conduct of the subject member
giving rise to the proceeding may be considered in any subsequent
proceeding under this section based on future alleged misconduct.
(iii) Notwithstanding any other provision in these
Bylaws, notice of the meeting at which the meeting is first scheduled or
subsequently scheduled shall be given to all members and delegates as required
by these Bylaws for special meetings.
(iv) The hearing
shall be informal and the rules of evidence and rules
of judicial procedure need not be observed.
The hearing shall be
presided over by the President of the Concourse who shall (1) read
the charges against the subject member;
(2) require that the charges
be verified by the testimony of the person or persons making
them; (3) hear any other witnesses against the subject member;
(4) allow the subject member to
cross-examine each witness; (5) allow the subject
member to make a statement in his/her
own behalf; (6) allow the subject member
to call witnesses in
his/her own behalf; (7) allow the
delegates present, when and as recognized
by the chair, and subject to the control of the chair, t question
witnesses; and (8) rule on the admission
and exclusion of evidence and on
questions of hearing procedure.
(v)
After the hearing has closed, the delegates shall vote on whether to impose discipline or
dismiss the matter.
(e) An expelled member shall not be eligible to
petition for readmission to the Concourse prior to the expiration of one
(1) year from the date of expulsion.
(f) All
rights of the subject member in the Concourse or in its
property shall cease on his/her expulsion.
ARTICLE
VIII - MEETINGS - NOTICE
SECTION 1. Meetings
of the delegates shall be held as prescribed in the minutes of the previous
meeting. Special meetings of the 395
Concourse may be called at any time by the President. Notice of special meetings shall be
given ten (10) days previous to the meeting; postage paid, addressed to each
club delegate in attendance at the last meeting and to each club
President. Meetings more than 30 days
apart require written notice to the member clubs of the next meeting.*
* As approved by the membership at its
SECTION 2. (a) A majority of the delegate votes and a major
vote of the Active member** clubs must be present at all meetings to constitute
a quorum.* Any member club that
fails to compete with the Concourse in the previous series or current series of
races and or fails to attend two consecutive Concourse meetings shall be
considered inactive. The presence of inactive member clubs shall not be
required to constitute a quorum. ** A quorum is
necessary in order for the members to transact business at any meeting. ROBERTS RULES OF ORDER (newly revised) shall
determine the balance of the parliamentary procedures.
* Quorum defined subsequent to acceptance of previously revised bylaws at meeting
on
** Inactive members
defined and their influence on a quorum as spelled out at meeting on
(b) Order of business is as follows:
1. ROLL CALL
2. MINUTES OF THE PREVIOUS MEETING
3. PROPOSALS FOR MEMBERSHIP
4. FINANCIAL REPORT
5. REPORTS OF COMMITTEES
6. COMMUNICATIONS
7. UNFINISHED BUSINESS
8. NEW BUSINESS
9. ELECTION OF OFFICERS
10.
PAYMENT OF DUES
11.
GOOD OF THE ORDER
12.
ADJOURNMENT
SECTION 3. A three
(3) member nominating committee appointed by the Concourse President will make
nomination of officers for the following year. The nominating committee will be appointed in
the October Concourse meeting; they will make nominations at the November
Concourse meeting, with the election of officers being made at the December
meeting. Election will be by majority of
the delegate votes. Installation of new
officers shall be January for the year elected.
ARTICLE
IX - VOTING
SECTION 1. Only active*** (as defined under Article VII, Section 2) members
in good standing shall be entitled to vote.
Each member club is entitled to one vote for each ten (10) paid
individual members or fraction thereof.
5-10 individual members = one vote, 11-20 = two votes etc., except that
clubs averaging three to four flying members will have one half of a
vote*. Member votes per club are
determined by averaging participation in the first three races of both race
seasons**. Votes will be cast by “authorized
delegates” sent to the meetings by the member clubs.
* As approved by the membership at its
** As
approved by the membership at its 8/5/95 meeting.
*** As approved by the membership at its 12/13/03 meeting.
SECTION
2. If an individual is a member in
two or more member clubs, for voting purposes this person shall only be
counted as a member in the original club this person has joined.
SECTION
3. The delegates attending the Concourse
meeting shall be elected by their respective clubs, the number as prescribed in
Article IX - VOTING. Each member club
shall submit to the Concourse Secretary a roster of their elected delegates
for the coming year by December 31 of the previous year.
ARTICLE
X - AMENDMENTS TO BYLAWS
SECTION
1. New Bylaws may be adopted or these
Bylaws may be repealed or amended at the annual meeting, or at any other
meeting of the delegates called for that purpose, by a majority vote of the
delegates and member clubs.
SECTION
2. Repealed or amended Bylaws shall be effective
on the day following the date of the vote, unless specified other wise; the
effective date shall not be retroactive.
SECTION
3. Whenever an amendment or new Bylaw is
adopted, it shall be copied in the book of Bylaws with the original
Bylaws, in the appropriate place. If any
Bylaw is repealed, the fact of repeal with the date of the meeting at which the
repeal was enacted or written assent was filed shall be stated in said book.
ARTICLE
XI - OFFICERS DUTIES
SECTION
1. Officers will be elected for a period
of one (1) calendar year. Officers will not be compensated other than
the Race Secretary whose compensation will be set by the
membership. In
addition, the Secretary/Treasurer will be paid $20/race.* Any officer’s
term may be terminated early at the will of the majority vote of the delegates.
*As
approved by the membership at its 2/5/05 meeting
SECTION 2. The President shall be the Chief
Executive Officer of the Concourse. He
shall preside at all meetings of the Concourse.
He shall be ex-officio a member of all the standing committees, including
the executive committee, if any, and shall have the general powers and duties
of management usually vested in the office of President. He shall conduct all meetings in accordance
with the customary rules of order and he may only vote in case of a tie vote.
SECTION
3. The Vice President, shall in
the absence or disability of the President, perform the duties and exercise the
powers of the president.
SECTION
4. (a) The Secretary shall keep
or cause to be kept a book of minutes of all meetings with the time and place
of holding, whether regular or special, and if special, how authorized the
notice thereof given.
(b) The Secretary shall cause to be given notice
of all meetings.
(c) The Secretary shall mail to the President of
each club a copy of the meeting minutes within ten (10) days after the date of
adjournment of such meeting.
SECTION
5. The Treasurer shall receive
and keep all the non race funds of the Concourse, and pay only after the
delegates have authorized such payment, on a check of the Concourse. The Treasurer shall keep a record of all
receipts, disbursements of the Concourse, and shall submit them for audit
yearly or as the delegates may require. The treasurer has the automatic
authority to purchase flowers, from $50.00 to $100.00, for any deceased
member.*
* As
approved by the membership at its 12/13/97 meeting.
SECTION
6. The Race Secretary shall
prepare all race arrangements to conduct the races of the Concourse within
Concourse Bylaws, Concourse Race Rules, and ARPU Official Club Race Rules,
including its Addendum. Race Secretary’s
additional duties are found in the Concourse Race Rules (see Exhibit “B”).
ARTICLE
XII - RACE RULES
The
members shall fly in compliance with the ARPU Official Club Race Rules (see
Exhibit “A” attached) and the Concourse Race Rules (see Exhibit “B” attached).
ARTICLE
XIII - RECORDS
The
Concourse shall maintain adequate and accurate accounts, books, including
records of its business and properties.
The officers of the Concourse are responsible for the maintenance of
such records. At the end of each
officer’s term such records will be transferred to the new officers.
ARTICLE
XIV - REMOVAL
The
majority vote of the delegates and member clubs may remove an officer from
office at any time. If an officer is so
removed, a new officer may be elected at the same meeting and shall hold the
office for the remainder of the term of the removed officer.
ACKNOWLEDGEMENT
I,
the undersigned, as the President of The 395 Concourse of Southern California,
an unincorporated association, acknowledge the foregoing Bylaws with its
attached Exhibits “A” and “B” consisting of _____ pages were duly approved by the majority vote
of the delegates and member clubs on _____________ , 2006.
Dated:
______________ , 2006.
By:
_______________________________
Michael
Byrd, President
CERTIFICATION
I,
the undersigned, as the duly elected and acting Secretary of The 395 Concourse
of Southern California, an unincorporated association, and that the foregoing
Bylaws with its attached Exhibits “A and “B” consisting of _________ pages,
constitute the Bylaws of said Concourse as duly approved on _____________ ,
2006 by the majority vote of the delegates and clubs.
Dated:
_________________, 2006.
By:
____________________________
Larry
L. Landweer, Secretary