| ARTICLE I—Name
The name of this Corporation is the Plantation Walking Horse Association
of California.
Article II—Purpose
The Plantation Walking Horse Association (PWHA) is a not for profit
California corporation
whose purpose is:
· To promote the general welfare of the Tennessee Walking Horse;
· To serve as an advocate for the Walking Horse against abusive
and inhumane treatment;
· To provide a program for Walking Horses to be exhibited, judged,
and showcased in full
compliance with the Horse Protection Act;
· To increase public awareness of the natural abilities of the Walking
Horse;
· To generate growth of the Plantation Walking Horse Association
via the marketing,
promotion, advertising, and publicity of the natural Walking Horse;
· To increase the proficiency of PWHA members in all matters of
horsemanship;
· To serve as a communication hub for the Walking Horse Industry
and other equine
interest groups;
· To carry out the purposes as set forth in the corporation's Restated
Articles of
Incorporation (1988);
· To engage in any and all other lawful business allowed accomplishing
the above
purposes.
ARTICLE III—Place of Business
The place of business of the Corporation shall be the State of California.
The principal office of
the Corporation shall be at the address of President duly elected
by the Board of Directors. This
address shall change from time to time.
Article IV—Members
4.1 Eligibility: The members of the corporation shall be those private
persons of the age of 18
years or older interested in helping further the objectives of PWHA.
Members may be residents
of any state, territory or country; if under 18 years of age, the
minor may be a part of a family
membership.
4.2 Classes of Members: The Board of Directors shall establish membership
classes as it deems
appropriate together with the schedule of dues, privileges and benefits.
4.3 Membership Types: Membership shall consist of two types.
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(a) Single membership for one party, such party is entitled to one
(1) vote.
(b) Dual membership, which consists of two (2) adults and minor children,
under the age
of 18. This type of membership is entitled to two (2) votes.
4.4 Application for Membership: Application for membership shall
be made in writing on an
application form prescribed by the Board of Directors. The application
form shall include such
matters as the Board of Directors may determine.
4.5 Dues: Upon payment of dues, the record of which, will be kept
by the Secretary of the
Corporation. The initiation fees of new members and membership dues
shall be determined and
fixed by the Board of Directors. Memberships are non-transferable.
Memberships are calculated
on the calendar year January 1 through December 31.
4.6 Membership Duration: Membership shall continue as long as the
annual dues are promptly
paid.
4.7 Member Standing: Members of PWHA shall be admitted, retained
and expelled in
accordance with such rules and regulations as adopted by the Members
and enacted by the
Board of Directors. In all matters governed by the vote of the Members,
each Member in good
standing shall be entitled to one vote. Whenever, in these Bylaws
the term Member or Members
shall be used, unless otherwise specified, it shall mean a Member
or Members having the right to
vote.
4.8 Violation of Horse Protection Act: Any member found by the U.S.
Department of
Agriculture in violation (after the exhaustion of all administrative
remedies and all appeals) of
the Horse Protection Act for animal cruelty after January 1st 2003,
shall be expelled.
Article V—Meetings and Annual Meeting
5.1 Annual Meeting: The regular annual meeting of the Members shall
be held at such time and
place as set by the Board of Directors. The purpose of the annual
meeting of Members is to
announce newly elected Officers and Directors and transact other
matters as may properly come
before the Members. The annual meeting of the Members of the Corporation
shall be held at the
time and place designated by the Board of Directors. The failure
to hold an annual meeting in a
timely manner shall in no way affect the terms of Officers or Directors
of the Corporation or the
validity of actions of the Corporation.
5.2 Special Meetings: Special meetings of Members for any purpose
may be held at such time
and place as designated in the notice, when called in writing by
or at the direction of the
President or by a simple majority of the Board of Directors, or by
notice signed by not less than
twenty-five percent (25%) of the Members then in good standing. The
costs of providing notice
3 December 9, 2006
for meetings called for other than by the President or the Board
of Directors shall be borne by
the Member requesting the meeting.
5.3 Notice: Written notice stating place, day and time of the meeting
and, in the case of a
special meeting, the purpose(s) for which the meeting is called,
shall be delivered by first class
United States mail, electronic mail, facsimile or as part of a newsletter,
magazine, or other
publication regularly sent to members if conspicuously identified
as a notice not less than thirty
(30) days nor more than sixty (60) days before the date of the meeting.
Notice shall be given by
or at the direction of the President or Secretary or the person(s)
calling the meeting to each
Member of record entitled to vote. If mailed, such notice shall be
deemed to have been
delivered when deposited with prepaid first class postage in the
United States mail addressed to
the Member at his/her address as it appears on the records of the
Corporation.
5.4 Quorum: At any meeting of the Members held in accordance with
the provisions as to
notice, the Members attending such meeting shall constitute a quorum
for all purposes unless
law should require the representation of a larger number.
5.5 Voting: A Member may exercise voting privileges by mail-in ballot
if and when provided by
PWHA or by being physically present at a meeting. Provision of ballot
by mail for voting shall be
at the sole discretion of the Board of Directors except that ballot
by mail votes shall be required
for the annual election of Officers, Board of Directors and Bylaws
changes. Voting privilege
cannot be delegated by proxy.
5.6 Procedure: Any Officer of the PWHA may call the meeting to order
and may act as chair of
such meeting, precedence being given as follows: President, Vice
President, Secretary and
Treasurer.
(a) In the absence of all such Officers, Members present may elect
a chair.
(a) (b)The Secretary of the Corporation shall act as secretary of
all meetings of the
Members, but in the Secretary's absence, the chair of such meeting
may appoint any
person to act as secretary of the meeting.
Article VI—Directors
6.1 General Powers and Responsibilities: The business and property
of the PWHA shall be
managed and controlled by the Board of Directors. The Board of Directors
shall have the
following powers:
(a) The Board of Directors shall have the power and authority to
make, amend, repeal
and enforce such rules, regulations, policies and procedures not
contrary to law or
the Certificate of Incorporation or these Bylaws, as they may deem
expedient
concerning the conduct, management and activities of PWHA.
(b) The admission, classification, qualification, suspension and
expulsion of Members.
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(c) Removal of Officers, the rules, regulations, policies and procedures
governing the
procedure of such suspension and expulsion and removal.
(d) The fixing and collecting of dues and fees.
(e) Expenditures of money; auditing of books and records; awarding
of championships;
conducting of shows, contests, exhibitions, sales and social functions.
(f) Other details relating to the general purposes of the PWHA.
(g) All of the above, however, subject to revision or amendment by
the Members at any
regular or special meeting of the Members, provided written notice
of intention of
any rule or regulation shall have been mailed to all Members at least
thirty (30) days
in advance of the meeting.
6. 2 Board Size and Compensation: The Board of Directors shall be
composed of up to eleven
(11) Members. The Board shall be composed of a President, Vice President,
Secretary,
Treasurer and three(3) other Directors. The immediate Past President
of the PWHA shall be an
ex officio member of the Board of Directors without voting privileges.
The Board will receive
no compensation for their services.
6.3 Board Meetings: The regular annual meeting of the Board of Directors
shall be held
immediately following the annual Member's meeting, and no notice
shall be required for any
such regular meeting of the Board. The Board, by rule, may provide
for other regular meetings
at stated times and places, of which no notice shall be required
and are open to the general
membership.
(a) Special Meetings: Special meetings of the Board of Directors
shall be held whenever
called by the President or by one-third (1/3) of the Directors. The
Secretary shall
give notice of each special meeting by mail, telephone, electronic
mail or facsimile to
each Director at least ten (10) days before the meeting, but any
Director may waive
such notice. Unless otherwise indicated in the notice, any and all
business may be
transacted at a special meeting. Any meeting at which every Director
may be
present, even though without notice, any business may be transacted.
(b) Electronic Conference Meetings: Electronic Conference Meetings.
A conference
among Directors, or among members of any Committee designated by
the Board of
Directors, by any means of communication through which the participants
may
simultaneously hear each other during the conference, constitutes
a meeting of the
Board or the Committee, if the same notice is given of the conference
persons
participating in the conference would be sufficient to constitute
a quorum at the
meeting. Participation in a meeting by such means constitutes personal
presence at
the meeting.
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(c) Action without Meeting: An action required or permitted to be
taken at a Board
meeting or a Committee of the Board may be taken by written action
signed by the
number of Directors that would be required to take the same action
at a meeting of
the Board at which all Directors were present; provided, that all
Directors are
notified within 72 hours of the text and effective date of the written
action. Such
written consent shall be filed with the Minutes of the proceedings
of the Board or
Committee.
(d) Quorum: A simple majority of the number of Directors shall constitute
a quorum for
the transaction of business, but if at any meeting of the board there
may be less than a
quorum present, a majority of those present may adjourn the meeting
from time to
time until a quorum shall be present.
(e) Voting: Each Director shall have one vote and such voting may
not be conducted by
proxy. Motions put to a vote by the board shall be approved of by
simple majority.
The president shall not vote except to break a tie vote.
(f) Procedures: At all meetings of the Board of Directors, the President
or Vice
President in the President’s absence shall act as Chair. The
Secretary, or in the
Secretary’s absence, any person appointed by the Chair, shall
act as Secretary.
6.4 Board Elections: Eligibility for election to and serve on the
Board of Directors, an individual
shall be a Member in good standing of PWHA for one (1) year previous
to nomination.
(a) Term: The terms of the Directors shall be 1 year, and directors
may run unlimited
times. Despite the expiration of a Director's term, such Director
shall continue to
serve until a successor is elected and qualified. Directors shall
be announced at each
annual meeting.
(b) Nomination Procedures: A slate of nominations for consideration
to election by the
Members for the offices of President, Vice President, Secretary,
Treasurer and Board
of Directors shall be presented to the Board prior to the annual
election.
(c) Resignation, Termination and Absences: Resignation from the Board
of Directors
must be submitted in writing to the Board Secretary. Any elected
Director who is
absent without good cause for two (2) consecutive times from meetings
of the Board
of Directors is automatically removed as a Director without further
action upon his
second absence. A Director so removed, shall be ineligible for election
as a Director
for the year immediately following his removal. Absences shall be
evidenced by roll
call at meetings of the Board of Directors. The Director who is absent
with cause
may designate an alternate representative who is a member in good
standing to
attend the meeting and act in the Director's stead upon the approval
of the President.
A board member may be removed for other reasons with or without cause
by a twothirds
majority of the remaining Directors. Such removal shall be effective
upon
written notice to the Director so removed.
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(d) Vacancies: In case of any vacancy on the Board of Directors by
death, resignation,
termination or other cause, the President, with advice and consent
of the Executive
Committee, shall appoint a qualified successor to serve until the
next general election
of Directors at an annual meeting of Members
Article VII—Officers and Duties
7.1 Officers: The Officers of the PWHA shall be the President, Vice
President, Secretary, and
Treasurer. Such Officers shall hold office for the period of one
year and until their successors
are elected and qualified. Such Officers cannot serve more than two
(2) consecutive years.
(a) President: The President shall be the Chief Executive Officer
of PWHA and shall
preside at all meetings of the Board of Directors and of the Executive
Committee.
He/she shall see the Bylaws, rules, regulations, policies and procedures
of the PWHA
are enforced. He/she shall perform all other duties as are required
by Bylaws or
Executive Committee and all other duties that may be prescribed from
time to time
by the Board of Directors. The President shall appoint all committees
except the
Executive Committee. In the absence of the President, the Vice President,
and in
his/her absence, the Secretary shall have the powers and perform
the duties of the
President and other such duties as may be prescribed by the Board
of Directors.
(b) Vice President: The Vice President shall assist the President
in executing the affairs
of PWHA. In the event the President is incapacitated, absent, or
otherwise unable to
act, the Vice President shall serve as President for the period of
such incapacity or
absence.
(c) Secretary: The Secretary shall keep the written records of the
meetings of the Board
of Directors, the Executive Committee, the annual meetings and any
special meetings
that may from time to time be called. The Secretary shall work with
the
administrative office to perform duties that are customary to the
office and determine
that the membership records are properly kept. The Secretary shall
have the
responsibility to maintain and authenticate the records of PWHA.
(d) Treasurer: The treasurer shall be the person responsible for
the financial duties of the
Corporation. The Treasurer shall oversee that accurate records of
financial
transactions are maintained and submit regular financial reports
to the Board of
Directors. The Treasurer shall present the Annual Financial Report
to the
membership at the annual PWHA meeting.
Article VIII—Committees
8.1 General: The Board of Directors, from time to time, may create
and empower committees,
general or special.
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8.2 Executive Committee: There shall be an Executive Committee consisting
of the President,
Vice President, Secretary, Treasurer and the immediate Past President
each for a term of one (1)
year or until the election of officers at the annual meeting.
(a) The President shall fill all vacancies on the Executive Committee
occurring between
annual meetings of the PWHA.
(b) The Executive Committee shall meet as directed by the President
or two (2)
Members of the Committee acting jointly, of which meeting the Secretary
shall give
ten (10) days notice by letter, telephone, electronic mail or facsimile,
but such notice
may be waived by any Committee Member.
(c) The Committee may act, without convening a in meeting, by written
resolution
signed by all Committee Members thereof and duly entered in PWHA
records. At all
meetings of the Committee, three (3) Committee Members shall constitute
a quorum.
(d) All powers of the Board of Directors, except the power to change
Bylaws are vested
in the Executive Committee. All action of the Executive Meeting shall
be referred to
the Board of Directors for ratification at the subsequent meeting
of the Board of
Directors.
8.3 Nominating Committee: The nominating committee shall be appointed
by the President and
consist of at least one Board of Director and one general member.
Article
IX—Administration of PWHA
9.1 Administration: Administrative position(s) for the purpose of
maintaining business and
operations shall be identified, appointed and filled by the Executive
Committee as required.
These appointive positions shall serve at the pleasure of the Executive
Committee. The
Executive Committee shall determine the provisions of appointment,
such as, but not limited to,
salary and benefits, at its discretion. The position(s) may be held
by multiple persons or by one
person. Job Descriptions including duties and responsibilities for
the position(s) shall be the
responsibility of the Executive Committee.
9.2 Fiscal Year: The year of PWHA will commence January 1st of each
calendar year and cease
on December 31st of the same year.
9.3 Auditing of Accounts: An audited financial statement shall be
prepared and presented to the
membership at the annual meeting by the Treasurer.
Article X—Amendments
10.1 Board of Directors: The Board of Directors shall have the power
to make, amend and
repeal the Bylaws of PWHA by a vote of two-thirds (2/3) majority
of the Board of Directors at
8 December 9, 2006
any regular or special meeting subject to the right of the Members
to rescind or amend any such
Bylaw in the manner as provided in Article 6.12, for the revision
of rules and regulations.
10.2 Members: PWHA members shall have the power to make, amend and
repeal the Bylaws of
PWHA by a vote simple majority of the membership at the annual meeting.
10.3 Amendment to Bylaws: To be eligible for consideration by the
Board of Directors, a
proposed amendment to the PWHA Bylaws shall be filed in writing in
the office of the Executive
Committee at least sixty (60) days prior to the meeting of the Board
of Directors at which time
the proposed amendment is to be considered. The proposed draft shall
be promptly sent by the
Secretary to each individual eligible to vote at a meeting of the
Board of Directors. The time
requirement for filing contained in this paragraph may be suspended
by the Board of Directors at
any regular or special meeting upon simple majority vote of eligible
voters present, provided a
quorum is present.
ARTICLE XI – Additional
11.1 Rules and Orders. Except as otherwise provided in these Bylaws,
or as may be provided
from time to time by the Board of Directors, “Robert’s Rules
of Order” (current edition) shall
govern all meetings of the Board of Directors and Committees.
11.2 Minutes. Minutes shall be kept of all meetings of the
Board of Directors and Committees.
11.3 Standard of Conduct. Each Director and Officer shall discharge
his/her duties as a Director
or Officer in good faith, in a manner which the Director or Officer
reasonably believes to be in
PWHA’s best interest, and with the care an ordinarily prudent person
in a like position would
exercise under similar circumstances.
ARTICLE XI - Debt Obligations
and Personal Liability
No Board member or Officer of PWHA shall be personally liable
for the debts or obligations of
PWHA of any nature whatsoever, nor shall any of the property of the
Officers or Directors be
subject to the payment of the debts or obligations of this corporation.
Article
XII – Indemnification
The Board of Directors and Officers of the Corporation shall be
indemnified by the corporation
to the fullest extent permissible under the laws of the State of
California.
ARTICLE XIII – Dissolution
Upon the time of dissolution of PWHA, after paying or making provisions
for the payment of all
debts, obligations, liabilities, costs and expenses of the corporation,
the Board of Directors may,
9 December 9, 2006
by a two-thirds majority affirmative vote distribute the remaining
property and assets either
exclusively for the purposes for which the corporation is formed
or consistent with such
purposes, to such organization or organizations which are organized
and operated for such for
one or more exempt purposes within the meaning of Section 501(c)(3)
of the Internal Revenue
Code, or the corresponding section of any future tax code. No member
shall profit from the
dissolution of PWHA. |