bylaws

BYLAWS of the BAY COUNTY HORSEMAN’S ASSOCIATION

Adopted September 2004

Updated on November 24, 2010 after Membership voted to accept all proposed changes, please see RED text for all changes to the By-Laws.

Article I: Name

The name of this organization shall be the BAY COUNTY HORSEMAN’S ASSOCIATION, Inc., hereinafter referred to interchangeably by full name, abbreviation (BCHA), or by the words “the Association.” Bay County Horseman’s Association will seek to become a non-profit corporation as defined by Section 501(c)(3) of the Internal Revenue Code.

Article II: Mission Statement

The mission of the Bay County Horseman’s Association shall be:

Education of the equine community and the community at large through projects such as an annual horse fair, seminars, clinics, and disaster preparedness for horse owners;

Service to the community by sponsoring fundraising events for charitable organizations and the origination of a horse identification project that will be coordinated with county agencies and local law enforcement;

Service to the horse through projects which benefit the relationship between horses and horsemen;

Promotion and advancement of youth programs such as 4-H and pony clubs to endorse and encourage participation in them as wholesome, character-building, educational activities for youth;

Advancement of local support for equine sports and activities to include, but not be limited to, increasing areas for trail riding and competitive sporting events and promoting the acquisition of a local multi-use facility that could meet the needs of the equine community as well as the community at large.

Article III: Membership

A. Types of Membership. The Association shall have four (4) types of membership, as follows:

1. Individual - An individual membership is defined as one person whose age is 18 years or over.

2. Family and Youth - A family membership is defined as one or more persons age 18 or above, along with minor children, if any, who live together as a family within the same household; a Youth member is any child in the same household between the ages of 13 and 17;

3. Honorary - Honorary Membership may be granted by a majority vote of the members at any meeting. Honorary members do not pay dues and are not voting members of the Association. Honorary members may choose to join and pay dues if they wish to have the rights and privileges of membership.

4. Business/Professional - This membership is available to any business, farm, ranch, stable, wholesale or retail business, or professional service.

B. Requirements for Voting Members. A voting member of the organization must have attained the age of 18 to be an active, voting member of BCHA individual, family, and business/professional members must pay annual dues to maintain status as voting members. In the case of family memberships, only those persons living in the household who are 18 and above may have active voting member status. Children 12 and under may be considered members of the Association but may not participate in voting. Additionally, children 12 and under may not participate in contests and competitions, earn points, or attend any function without the family member(s) 18 and up. Youth members between the ages of 13 and 17 may participate in the activities of the Association, including contests and competitions if accompanied by an adult member.

C. Dues. Annual dues for each type of membership shall be set by the Board and communicated to the membership prior to the January meeting. Payment of dues is expected in a timely manner, but no later than January 31 each year. Dues may not be prorated.

D. Resignation. Any member may resign voluntarily. Any dues or fees paid by the member shall be forfeited. All points or work hours accumulated by the resigning member shall be forfeited.

E. Disciplinary Action. A complaint against a current member may be registered, in writing, by any member, or the Board of Directors, for reasons that include, but are not limited to, acting in a manner contrary to the express objectives of the Association, disorderly and/or criminal conduct, failure to adhere to the Bylaws or rules of the Association, being physically abusive to horses, having disregard for the safety and welfare of others, misuse of the Association facilities or other behavior determined to be detrimental to the proper functioning or favorable community standing of the Association.

1. The Board must receive three (3) written complaints before the matter is referred to an ad hoc disciplinary committee appointed by the Board..

2. The discipline committee will investigate the complaint and report to the Board with its findings and recommendation(s).

3. At the request of the member, the recommendation for termination shall be presented to the membership at the next membership meeting.

F. Qualifications to Maintain Voting Membership. Only active members shall be permitted to vote on matters brought before the membership, be eligible to earn points, or to receive Association awards or benefits. To continue in an active, voting member status, a member must attend meetings on a regular basis and/or demonstrate activity by participation in other official Association functions providing service through these activities.

1. Pay all dues in a timely manner as provided in these Bylaws;

2. Pay all other financial obligations to the Association in a timely manner

3. Attend meetings of the membership on a regular basis. Specifically, to maintain active status members cannot miss six (6) meetings during any given year. Any member who misses six meetings but wishes to maintain his/her membership in good standing, must notify the President in writing within twenty (20) days of any missed meeting, explaining the circumstances of his/her absence, The President will present the request to the Board. Upon review of the circumstances, the board may vote to excuse the absence if fewer than six meetings were missed or allow the member to retain active status if the member has missed the maximum six meetings. Exceptions to this will occur when members demonstrate activity by participating in other official Association functions and provide service through their activity.

Article IV: Meetings

A. Membership Meetings. There will be a monthly membership meeting to be held on the first Tuesday of each month at a place and time designated by the Board of the Bay County Horseman’s Association. Members should attend meetings as often as possible. A treasurer’s report will be given and minutes of the previous meeting will be read during meetings for approval. Most recent minutes may be posted on the website.

B. Board Meetings. On or about the first Monday before the second Tuesday, the Board shall hold its monthly meetings. The date of this meeting may be changed from time to time to accommodate the members of the board and/or to avoid conflicts with holidays or other meetings.

C. Special Meetings. Special meetings of the membership or the board shall be held whenever called by the President or by one-third of the Board.

Article V: Officers and Directors

A. Composition. The BCHA shall have officers and directors to lead and govern the conduct of the business and activities of the organization consistent with the needs of the organization. Recognizing that growth of the organization may carry with it a commensurate need for revision of officer and/or director positions, the following are the minimum officers and directors to be elected. There shall be four (4) officers and three (3) directors, as follows: President, Vice-President, Secretary and Treasurer, Activities Director, Trails Advocate, and Public Relations Director. Revisions to these responsibilities and positions may be made by a majority vote of the Board.

B. Terms and Powers. Each officer and director shall be authorized to assume all powers and duties of the Association existing under the statues of the State of Florida governing non-profit corporations, as well as the Articles of Incorporation, and these Bylaws.

Each officer and director shall hold office for a term of one year or until he/she resigns or is removed in the manner elsewhere provided. Directors and officers shall be elected at the November meeting of the membership, in accordance with the rules set forth in Article V, paragraph D of these Bylaws, and shall assume their official duties effective January 1, following the election. A director or officer may be elected to succeed him/herself.

C. Election. Nominations shall be opened at the regular meeting in October. Any member may nominate a member for office. Nominees must be current active members in good standing , must be at least 18 years of age, and be present to accept the nomination or submit a written acceptance to the secretary within ten (10) days of the nomination. The individual who nominated the absent member shall be the only person responsible for notifying the nominee and advising same to submit the written acceptance. The nomination process will close ten (10) days after the October meeting. Written acceptances should be in possession of the secretary at that time. Once nominations are closed, no additional candidates can be nominated for officer or board positions.

Nominees must be active members, must be at least 18 years of age, and must have been a member of the Association for no less than six (6) months. Nominees must be present to accept the nomination or must submit a written acceptance to the secretary within ten days of the nomination. The individual who nominated the absent member shall be the only person responsible for notifying the nominee and advising same to submit the written acceptance. The nominations process will close ten (10) days after the October meeting. Written acceptances should be in possession of the secretary at that time. Once nominations are closed, no additional candidates can be nominated for officer or board positions.

D. Voting. The President, or the president's designee, will prepare the ballot. The ballot format will list candidates for each office alphabetically and will include a box next to each candidate's name. Members may vote for only one candidate for each office. Any ballot that has more than one vote for any one office shall be deemed invalid and will not be counted. In the event that only one member is nominated (i.e., they are unopposed), the candidate must still receive a majority vote of ballots cast. A member may vote for the candidate or abstain from voting for him/her. If the candidate receives 50% or fewer of the ballots cast, the position will remain open and shall be filled in accordance with the following.

E. Appointments to Fill Vacancies. If, during any election, an office is not filled for any reason, the Board will expeditiously seek to select, by Board vote, and appoint a member to fill the vacancy.

If during any elected or appointed officer's or director's term the office is vacated for any reason, the Board shall expeditiously appoint a member to fill the vacancy by the same process of appointment.

F. Removal of Office for Cause. If a Board member misses two consecutive board meetings or membership meetings without an approved absence, the Board may review the matter and vote to remove the officer or director.

If a Board member has a legitimate reason to miss a board or general membership meeting, a phone call or e-mail before, or within five (5) days after the meeting, to the president, vice president, secretary or treasurer may constitute an approved absence.

If a Board member commits an act or offense, behaves in a manner inappropriate or offensive to members of the organization, is accused of or arrested for a crime, or does anything that would bring disgrace upon the organization, he/she may be removed from office pursuant to the provisions in Article VI.

Article VI: Discipline and Removal

A. Removal of Officer or Director. Any officer or director may be removed from office with or without cause by two-thirds (2/3) vote for the active members present and voting at a regular membership meeting. A special meeting for such purpose may be called by a majority of the Board or shall be called by the Board upon the petition of 10 or more active, voting members. A written notice of meeting of the members to remove an officer or director shall state the specific officer or director sought to be removed. If more than one officer or director is to be voted upon to be removed from office, the votes shall be cast separately. If an officer or director is removed from the Board by the above procedure, the vacancy shall be filled in the same manner provided in these Bylaws for board members who resign. An officer or director removed from the Board shall not be eligible to stand for election or appointment for one full year.

B. Resignation. The Board of Directors may accept the written resignation of any director or officer. A vacancy occurring in this manner shall be filled by appointment by the remaining Board members. If the Board cannot fill the vacancy within thirty (30) days, the position will be open to a majority vote of the membership. The appointed or elected replacement shall serve for the balance of the unexpired term of his predecessor in office.

Article VII: Duties of Officers and Directors

President shall:

Be principal executive officer of the BCHA and subject to the Board of Directors

Preside over the Board and general membership meetings

Keep current on and maintain an overview of all BCHA projects

Prepare the agendas for the Board and general membership meetings

Sign with other designated and authorized officer(s) regarding BCHA contracts, banking issues and other business documents, as required

Perform other duties, as the board requires or needs to insure smooth operation of the BCHA

Coordinate website content with input/feedback from the board as needed with the website Manager.

Vice President shall:

In the absence of the President or in the event of his or her inability to act, the Vice President shall perform the duties of the President as stated above, and:

Provide advice and counsel to the Board and/or other members.

Coordinate member files

Perform other duties requested by the President.

Perform other duties requested by the Board.

Secretary shall:

Maintain copies of official minutes and agendas of all meetings and provide them to the Website Manager as needed

Keep an address and information archive of the membership, which shall be furnished by the Vice President and /or the Treasurer

Maintain the records of the organization to include those vital to the organization such as the 501 (C) (3) filing documents, audit and finance reports and provide those to the board as required for appropriate and timely action.

Perform other duties as the Board requires.

Treasurer shall:

Have charge , custody, and responsibility for all funds and securities of the BCHA

Receive and issue receipts for all securities and monies due and payable to the BCHA from any source whatsoever.

Deposit all such monies in the name of BCHA in the authorized BCHA designated financial institution

Make monthly financial reports during monthly meetings and provide an annual financial report

Sign treasury related correspondence

Assist the Board in preparing a budget for the year and in making amendments to the budget as needed.

Perform other duties as the Board requires.

Board of Directors shall:

Management and leadership of this organization shall be vested in the Board of Directors, who are members in good standing, nominated, and elected.

Commit to ensure the health and viability of BCHA as an organization.

Conduct and direct all business, make contracts and agreements, receive and expend monies for BCHA and set policies and procedures.

Approve any event held under BCHA or any event that uses the name prior to such event.

Address unexcused absences of Board members, or improper conduct of any member.

Receive no compensation for their services as Directors; however, out of pocket expenditures associated with items for BCHA may be reimbursed subject to valid documentation such as itemized receipts with appropriate letterhead presented to the board for approval and subject to budget constraints and availability of funds.

Directors (3):

Activities Director: Come up with activities and events to maintain interest and momentum of the members. Develop and implement fundraising activities required to support BCHA operation and endeavors.

Public Outreach Director: generate publicity, keep the horse community informed and provide information for those interested in BCHA. Develop opportunities of interest to the horse community to build relationships and coalitions with groups or organizations that can help us to achieve our goals.

Trails Advocate/Director: Work closely with private and public landholders and other equine organizations to develop and promote equestrian access and trails. To promote trail riding interests to the members.

Article VII: Policies

A. Liability. Members and guests of the Association understand that horseback riding activities can be dangerous and that they ride and participate in these activities at their own risk. Members and guests at any Association function may be required to sign a liability waiver form. Under Florida Statute, 773.02, an equine activity sponsor or equine professional is not liable for an injury or death of a participant in equine activities resulting from the inherent risks of equine activities.

B. Coggins Requirements. A current negative Coggins, (pulled within the past 12 months if within Florida, 6 months if outside the State of Florida), shall be required for all horses brought to or ridden by members or quests at all functions of the Association.

C. Horse Shows. From time to time BCHA may hold, sponsor, or assist with horse shows. The show schedule, class list, rules, requirements, fees and awards associated with the shows are to be determined by the Board and distributed in written form to the membership for approval prior to the beginning of the show season.

D. Political Activities. The Association shall not participate or intervene in any political campaign on behalf of any candidate for public office.

E. Contests. From time to time BCHA may hold or sponsor contests, offer prize incentives and/or other awards through competitions. Only active voting members, or youth members, may acquire points, compete for prizes, or participate in contests. For the purposes of such competitions and contests, minor children 12 and under may not be eligible and are not considered to be youth members nor active voting members.

Article IX: Finances

A. Budget. The expenditure of the funds of the Association shall be in accordance with an annual budget approved by the Board no later than in its February meeting prior to the general membership meeting on the second Tuesday in February when the proposed budget shall be presented to the membership to be ratified. The budget may be amended or modified if the need arises but shall be presented to the membership for approval prior to implementation.

B. Fund Raising for Specific Purposes. Special funds contributed for and earmarked for special, designated purposes may be applied to the specified purpose(s) without budgetary considerations. That is, funds contributed toward and earmarked for a specific collection may not be added to the Association's general budget and expended for other purposes than those for which donors intended the contribution. This intention shall be interpreted broadly so that funds collected in excess of the needed amount may be used for attendant purchases, e.g., arena project moneys may be spent on items related to the arena, such as jumps, barrels, broadcast equipment, timing devices, and so on. Any funds left over after applying them to attendant needs may go into the budget.

C. Use of Assets and Income. As stated in A. above, a budget shall govern the expenditure of association funds. Additionally, the assets, which may include property, shall be used solely and only for the purposes set forth in the Articles of Incorporation. A bank account established for the association shall require the signatures of either the President or Vice president and the Treasurer. No part of the Association’s assets or income shall ever inure to benefit or become property of its officers and members, except that its officers and members may be reimbursed for any advances made by them for the benefit of the Association subject to valid documentation such as itemized receipts with appropriate letterhead presented to the board for approval and subject to budget constraints and availability of funds. An Audit Committee shall be appointed to review the financial records of the Association prior to the assumption of responsibility of the treasurer’s position by a new treasurer and no less than annually.

D. Dissolution. Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.

Article X: Amendments to Bylaws

The Bylaws of the Association may be amended by two-thirds (2/3) vote of active members in attendance at a regular or special meeting, provided that (1) a written copy of the proposed amendment is provided to the Board and approved by the Board for submission to the membership for consideration, and (2) a written copy of the proposed amendment shall have been provided to each member at least thirty (30) days before such amendment is voted upon. Amendments shall become effective at the time of approval unless otherwise specified within the amendment time.