Constitution and By-Laws

As Approved By 
The American Kennel Club
1969

As Amended
1972, 1994, 1995, 1999, 2001

Constitution

Name and objects

Section 2
The objects of the Club shall be:
a.   To encourage and promote quality in the breeding of purebred Yorkshire Terriers and to do all possible to bring their natural qualities to   perfection.

b.   To encourage the organization of independent Yorkshire Terrier Specialty Clubs in those localities where there are sufficient fanciers of the breed to meet the requirements of the American Kennel Club. 

c.   To urge members and breeders to accept the standard of the breed as approved by The American Kennel Club as the only standard of excellence by which the Yorkshire Terrier shall be judged. 

d.   To do all in its power to protect and advance the interests of the breed and to encourage sportsmanlike competition at dog shows and obedience trials.

e.   To conduct sanctioned matches, specialty shows, obedience trials and any other performance events for which the club may be eligible under the Rules and Regulations of the American Kennel Club.

Section 3
The Club shall not be conducted or operated for profit and no part of any profits or remainder or residue from dues and donations to the Club shall inure to the benefit of any member or individual

Section 4
The members of the Club shall adopt and may from time to time revise such By-Laws as may be required to carry out these objects. 

Section 1
Eligibility. There shall be one type of membership open to all persons eighteen years of age and older who are in good standing with The American Kennel Club, who own at least one Yorkshire Terrier at the time of application, subscribe to the purposes of this Club, agree not to exploit their membership in the Yorkshire Terrier Club of America, Inc. and agree to abide by and uphold the Yorkshire Terrier Club of America, Inc.'s Code of Ethics and Code of Conduct. 

(pg 3)
Section 2
Dues and Initial Fee.
a.   Membership dues shall be set by the Board on a yearly basis for all members, payable on or before the 1st day of June of each year.  No member may vote whose dues are not paid for the current year.  During the first week in May the Treasurer shall send to each member a statement of his/her dues for the ensuing year. 

b.   A one time initial fee shall be set by the Board on a yearly basis to accompany each membership application.

Section 3
Election to Membership.  Each applicant for membership shall apply on a form as approved by the Board of Directors and which shall provide that the applicant agrees to abide by these By-Laws, the rules of The American Kennel Club, and the Yorkshire Terrier Club of America, Inc.'s Code of Ethics and Code of Conduct.  The application shall state the name, address and occupation of the applicant and it shall carry the endorsement of two members in good standing who are not related to the applicant or associated in any business venture with him/her.  The sponsors may not reside in the same residence as the applicant, and must be from two different households.  Sponsors must have been members in good standing for at least the two (2) immediately preceding calendar years before being eligible to sponsor new members.  Accompanying the application, the prospective member shall submit the one time initial fee and the dues payment for the current year.  Each applicant's name shall be published in the Yorkie Express, the Club newsletter, prior to being voted on.

All applications for membership shall be voted on by the Board within six months after their publication in the Yorkie Express. Applicants and their endorsers shall be provided with copies of any negative information presented to the Board or Membership Committee and shall be given the opportunity to respond to such information prior to the Board's vote on his/her membership application. Applicants who are shown to have conducted themselves in a manner contrary to The Yorkshire Terrier Club of America, Inc.'s Code of Ethics may be declined for membership.  Applicants may be elected by secret ballot at any meeting of the Board of Directors or by secret vote of the Directors by mail.  Affirmative votes of 2/3 of the Directors present at a meeting of the Board or of 2/3 of the entire Board voting by mail, shall be required to elect an applicant.  An application which has received a negative vote by the Board may be presented by one of the applicant's endorsers at the next annual meeting of the Club and the 

(pg 4)
members may elect such applicant by secret ballot and a favorable vote of 2/3 of the members present.

Section 4
Termination of Membership.  Memberships may be terminated:

a.   By resignation.  Any member in good standing may resign from the club upon written notice to the Secretary; but no member may resign when in debt to the Club.  Dues obligations are considered a debt to the Club and they become incurred on the first day of each fiscal year.

b.   By lapsing.  A membership will be considered as lapsed and automatically terminated if such member's dues remain unpaid 30 days after the first day of the fiscal year; however the Board may grant an additional 30 days of grace to such delinquent members in meritorious cases, provided such member requests the 30 day extension in writing by July 1st and explains why such extension is necessary.  In no case may a person be entitled to vote at any Club meeting whose dues are unpaid as of the date of that meeting. 

c.   By expulsion.  A membership may be terminated by expulsion as provided in ARTICLE VI. Section 4 of these By-Laws.

Section 2
Special Club Meeting.  Special Club meetings may be called by the President or by a majority of the members of the Board who are present at a meeting of the Board or who vote by mail, and shall also be called by the Secretary upon receipt of a petition signed by 10% of the members of the Club who are in good standing.  Such meeting shall be held at such place, date and hour as may be designated by the Board of Directors.  Written notice of such meetings shall be mailed by the Secretary at least 14 days and not more than 30 days prior to the meeting.  The notice of the meeting shall state the purpose of the meeting and no other Club business may be transacted.  The quorum for such meeting shall be 10% of the members in good standing. 

Section 3
Board Meetings.  The first meeting of the Board shall be held within 45 days from the start of the

(pg 5)
fiscal year.  Other meetings of the Board of Directors shall be held at such times and places as are designated by a majority vote of the entire Board.  Written notice of each such meeting shall be mailed by the Secretary to each member of the Board at least 14 days prior to the date of the meeting.  The quorum for a Board meeting shall be a majority of the Board voting in person, by mail, FAX or telephone conference call. 

Section 4
The Board of Directors may conduct its business by mail, FAX, or telephone conference call through the secretary.  Items voted on by conference call must be confirmed in writing within 30 days. 

Section 2
Directors.  Five persons all of whom shall be members in good standing and residents of the United States of America, shall be elected to the Board as Directors 1, 2, 3, 4, and 5. 

Officers.  The Club's officers consisting of the President, Vice-President, Secretary and Treasurer shall serve in their respective capacities, both with regard to the Club and its meetings and the Board and its meetings.

a.   The President shall preside at all meetings of the Club and of the Board, and shall have the

(pg 6)
duties and powers normally appurtenant to the office of President in addition to those duties particularly specified in these By-Laws.

b.   The Vice-President shall have the duties and exercise the powers of the President in case of the President's death, absence or incapacity.

c.   The Secretary shall keep a record of all meetings of the Club and of the Board and of all votes taken by mail, and of all matters of which a record shall be ordered by the Club.  He/she shall have charge of the correspondence, notify members of meetings, notify new members of their election to membership, notify Officers and Directors of their election to office, keep a roll of the members of the Club with their addresses and carry out such other duties as are prescribed in these By-Laws.

d.   The treasurer shall collect and receive all money due or belonging to the Club.  He/she shall deposit same in a national bank approved by the Board, in the name of the Club.  His/her books shall at all times be open to inspection of the Board and he/she shall report to them at every meeting the condition of the Club's finances and every item of receipt or payment not before reported.  At the first Board Meeting of the calendar year but in no event later than the month of April the Board shall appoint a Financial Review Committee of three members, not more than one of  whom shall be a member of the current Board.  This Committee will review the books and present their report in the month of June to the Board for its approval.  This report then to be published in the first issue of the Yorkie Express following its approval.  He/she shall give for publication in the Yorkie Express an interim financial report on a quarterly basis. 

e.   The President and Treasurer shall be bonded in such an amount as the Board of Directors shall determine.

f.   Subject to the approval of the Board, the Secretary may appoint an assistant to the Secretary to assist him/her in carrying out his/her By-Law prescribed duties.  The assistant to the Secretary shall be a member of the YTCA and shall serve at the discretion of the Board

g.   The assistant to the Secretary shall be a de facto member of the Board but shall have no voting rights and may not vote the Secretary's vote in the case of the Secretary's absence.  The assistant to the Secretary may attend all meetings and shall receive copies of all correspondence of the Board.  The duty of the assistant to the Secretary shall be set forth in writing by the Secretary and approved by the Board. 

(pg 7)
Section 3
Delegate. The Board shall appoint a Delegate to The American Kennel Club.  The Delegate shall serve for a three year term and until his successor has been qualified and elected by the American Kennel Club, unless he has resigned or his appointment has been withdrawn by the Board. 

Section 4
Vacancies.  Any vacancy occurring on the Board or among the Officers during the year shall be filled until the next annual election by a majority vote of all the then members of the Board; except that a vacancy in the office of President shall be filled automatically by the Vice-President and the resulting vacancy in the office of Vice-President shall be filled by the Board. 

Section 5
Term Limitations.  No member may hold any office or combination of offices for more than five consecutive terms (10 years), except as specified in Section 1 above.  After having served for such 10 year period, a member must remain out of office for a period of one year before again being eligible for election to any office. 

Section 2
Voting.  At the annual meeting or at a special meeting of the Club voting shall be limited to those members in good standing who are present at the meeting, except for the annual election of Officers and directors and amendments to the By-Laws and the standard for the breed which shall be decided by written ballot cast by mail.  Voting by proxy shall not be permitted.  The Board of Directors may decide to submit other specific questions for decision of the members by written ballot cast by mail.  All ballots submitted to the membership and cast by mail must employ the double envelope system as outlined in this ARTICLE, Section 4, d. 

Section 3
Annual Election.  The annual election of Officers and Directors shall be conducted by ballot by mail.  Ballots will be returned to an outside accounting firm designated by the Board and be counted by that firm.  To be valid ballots must be received by 

(pg 8)
the designated accounting firm on or before May 1st.  The person receiving the largest number of votes for each position shall be declared elected.  If any elected member is unable to serve for any reason the vacancy so created shall be filled by the new Board of Directors in the manner provided in ARTICLE III, Section 4.

Section 4
Nominations and Ballots.  No person may be a candidate in a Club election who has not been nominated in accordance with these By-Laws.  A Nominating Committee shall be chosen by the Board of Directors before January 1st.  The committee shall consist of three members and two alternates, all members in good standing, not more than one of whom may be a member of the current Board of Directors.  The Board shall name a chairman for the committee.  The Nominating Committee may conduct its business by mail, fax or telephone conference call. 

a.   The Nominating Committee shall nominate from among the eligible members of the Club a candidate for each office and for each position on the Board of Directors eligible for election that year as set forth in Article III, Section 1.  Each candidate being considered for office shall complete a written questionnaire approved by the board which will include the written acceptance of the nomination if selected.  The nominating committee must consider geographical representation on the Board to the extent that it is practical.  The committee shall submit its slate of candidates to the Secretary by February 1st, who shall mail the list to each member of the Club on or before February 15th so that additional nominations may be made by the members if they so desire. 

b.   Additional nominations of eligible members for the appropriate offices may be made by written petition addressed to the Secretary and received at his/her regular address on or before March 15th, signed by not less than five (5) nor more than ten (10) members in good standing and accompanied by the written acceptance of each such additional nominee signifying his/her willingness to be a candidate.  A candidate so nominated must complete the questionnaire referenced in Section (a.) above, which will be published in materials to be sent with the ballot along with the names of those persons nominating said candidate.  No person shall be a candidate for more than one position, and the additional nominations which are provided for herein may be made only from those members who have not accepted a nomination by the Nominating Committee.

(pg 9)
c.   If no valid additional nominations are received by the Secretary on or before March 15th, the Nominating Committee's slate shall be considered to have been elected unanimously and no balloting will be necessary.

d.   If one or more additional valid nominations are received by the Secretary on or before March 15th, he/she shall mail to each member in good standing, on or before April 1st, a ballot listing the nominees for each position in alphabetical order with the state of residence, together with a blank envelope and a return envelope addressed to the Secretary, marked "Ballot" and bearing the name and address of the member to whom it was sent. 

Each voter, after marking his/her ballot shall seal it in the blank envelope which in turn shall be placed in the second envelope addressed and sent to the outside accounting firm so as to be received by them on or before May 1st. On or before May 15th the outside accounting firm shall check the returns against a list provided by the secretary or treasurer of members whose dues are paid for the current year prior to opening the outer envelopes.  Once eligibility of the voters is determined, the ballots will be counted and the election certified.  The elected Officers and Directors shall be notified of election results by mail not later than June 1st and elected Officers and Directors shall assume the duties of offices as of that date.  The membership shall be notified of the election results by publication in the April/May/June issue of The Yorkie Express or such other publication deemed appropriate by the board. 

b.   Members serving on the Membership Committee are barred from participating in any discussions on applicants they themselves sponsored.

Section 2
Any committee appointments may be terminated by a majority vote of the full membership of the Board upon written notice to the appointee; and the Board may appoint successors to those persons whose service has been terminated. 

(pg 10)

Section 2
Charges.  Any member may prefer charges against a member for alleged misconduct prejudicial to the best interests of the Club or breed.  Written charges with specifications must be filed in duplicate with the Secretary together with a deposit of $10.00 which shall be forfeited if such charges are not sustained by the Board or a committee following a hearing.  The Secretary shall promptly send a copy of the charges to each member of the Board or present them at a Board meeting and the Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of the Club or of the breed.  If the Board considers that the charges do not allege conduct which would be prejudicial to the best interest of the Club or of the Breed it may refuse to entertain jurisdiction.  If the Board entertains jurisdiction of the charges it shall fix a date of a hearing by the Board or a Committee of not less than three members of the Board, not less than three weeks nor more than six weeks thereafter.  The Secretary shall promptly send one copy of the charges to the accused member by certified and regular mail together with a notice of the hearing and an assurance that the defendant may personally appear in his own defense and bring witnesses if he/she wishes.

Section 3
Board Hearing.  The Board or Committee shall have complete authority to decide whether counsel may attend the hearing, but both complainant and defendant shall be treated uniformly in that regard.  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, issue a written reprimand, suspend the defendant from all privileges of the Club for not more than six months from the date of the hearing or until the next annual meeting if that will occur after six months.  And, if it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion.  In such cases, the suspension shall not restrict the defendant's right to appear before his fellow-members at the ensuing Club meeting which considers the recommendation of the Board or Committee.  Immediately after the Board or Committee has reached a decision, it's 

(pg 11)
findings 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 4
Expulsion.  Expulsion of a member from the Club may be accomplished only at the annual meeting of the Club following a hearing and upon recommendation of the Board or Committee as provided in SECTION 3 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 and the findings and recommendations, and shall invite the defendant, if present, to speak in his/her own behalf.  The meeting shall then vote by secret ballot on the proposed expulsion.  A 2/3 vote of those present and voting at the annual meeting shall be necessary for expulsion.  If expulsion is not so voted the suspension shall stand. 

Section 2
The By-Laws and the standard for the breed may be amended at any time provided a copy of the proposed amendment has been mailed by the Secretary to each member accompanied by a ballot on which he/she may indicate his/her choice for or against the action to be taken.  The notice shall specify a date not less than 30 days after the date of the mailing by which date the ballots must be returned to the Secretary to be counted.  The favorable vote of 2/3 of the members in good standing whose ballots are returned within the time limit shall be required to effect any such amendment. 

Section 3
No amendment to the By-Laws or to the standard for the breed that is adopted by the Club shall become effective until it has been approved by the Board of Directors of the American Kennel Club. 

(pg 12)

Section 2
At meetings of the Board, the order of business, unless otherwise directed by a majority vote of those present, shall be as follows: