APPENDIX A HAS BEEN UPDATED TO REFLECT THE DECEMBER 2006 ANNUAL MEETING.
Mid-States Stock Dog Association
Constitution
Section 1.1
The name of the association shall be Mid States Stock Dog Association, hereinafter referred to as the "Association".
Section 2.1
Principle office of the Association is the mailing address of Secretary/Treasurer.
Section 3.1
Objectives of this association shall be:
A. For the purpose of training herding dogs in order to develop their native ability and physical prowess.
B. To engage in and encourage participation in clinics, seminars and trials.
C. To hold and support educational opportunities to assist stockowners in having useful working farm dogs.
D. To carry out an educational program for the public that will advance the understanding of the herding dog.
E. To support other organizations with which the Association has mutual interest, such as Future Farmers of America, 4-H clubs, etc.
F. To protect and advance the interest of the herding dog and to encourage sportsmanlike competition at trials.
Section 4.1
This association shall not be conducted or operate for profit. No part of any income or residues from dues or donations of the Association shall inure to the benefit of any member or individual.
Section 5.1
By-laws shall be adopted and may from time to time be revised by the members as required to carry out these objectives.
BY-LAWS
Article I - Membership
Section 1. Eligibility:
Membership shall be open to all persons who subscribe to the purpose of this Association. Membership is to be unrestricted as to residence. There shall be four types of membership:
A. Junior Membership. Open to all persons18 years of age and under (non-voting membership).
B. Single Membership. Open to any person regardless of age. Entitled to cast one (1) vote per subject.
C. Family Membership. Open to any family unit. Entitled to cast two (2) votes per subject.
D. Association Memberships. Open to any individual, club, association or corporation having interest common to this Association (non-voting membership).
Section 2. Dues:
Membership dues shall be set by the Board of Directors prior to the annual meeting and will be subject to change upon notification to the members, such dues shall be payable on or before January 1st. No Association privileges will be honored for any member not in good standing. Fiscal year begins January 1st. Member in good standing shall be defined as a member whose dues are current.
Section 3. Election to Membership
Each applicant for membership shall apply on a form as approved by the Board of Directors, which shall provide that the applicant agrees to abide by this Constitution and By-Laws. Accompanying the application, the prospective member shall submit dues for the current year. Such membership shall be subject to approval by the Board of Directors.
Section 4. Termination of Membership
A. By resignation – any member in good standing may resign from the Association upon written notice to the Secretary, but no member may resign when in debt to the Association. Dues and obligations are considered a debt to the Association and 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 ninety (90) days after the first day of the fiscal year.
C. By expulsion – A membership may be terminated by expulsion as provided in Article VI, Section 5 of these By-Laws.
Article II – Meetings
Section 1. Annual Meetings
The annual general meeting of the Association shall be held between December 1st and January 30th at a place, date and hour designated by the Board of Directors and will be an open meeting. The Secretary shall mail a written notice of the annual meeting to each member in good standing at least two weeks prior to the date of the meeting. The quorum for the annual general meeting shall be of those members in good standing in attendance.
Section 2. Special Meetings
Special Association meetings may be called by the President or by a majority vote of the members of the Board, or shall be called by the Secretary upon receipt of a petition signed by 75% of the voting members of the Association who are in good standing. Such meetings shall be held within forty-five (45) days of the receipt of the petition as such place, date and hour as may be designated by the Board of Directors. The Secretary shall mail written notice of such meetings to each voting member in good standing at least ten (10) days prior to the date of the meeting. The notice shall state the purpose of the meeting and no other Association business may be transacted. The quorum for such a meeting shall be of those voting members in good standing in attendance.
Section 3. Board Meetings
The first meeting of the Board shall be held following the annual general meeting and election. Other meetings of the Board of Directors shall be held at such times and places as are designated by the President or by a majority of the Board. All Board meetings shall be open. Board meetings may, at the discretion of the President or a majority of the Board, be convened via teleconferencing and with a minimum of seven (7) days’ notice to all Board members.
Article III – Directors and Officers
Section 1. Board of Directors
The Board shall be comprised of the President, Vice-President, Secretary/Treasurer and four (4) elected directors, which includes the past President, if applicable. All shall be elected as provided for in Article IV and shall serve until their successors are elected. General management of the Association’s affairs shall be entrusted to the Board of Directors.
Section 2. Officers
The Association’s officers, consisting of the President, Vice-President and Secretary/Treasurer shall serve in their respective capacities both in regard to the Association and its meetings and the Board and its meetings.
A. The President shall preside at all meetings of the Association and of the Board and shall have the duties and powers normally appurtenant to the office of President in addition to those particularly specified in these By-Laws.
B. The Vice-President shall have the duties and exercise the powers of the President in the case of the President’s death, absence, or incapacity.
C. The Secretary/Treasurer shall keep a record of all meeting of the Association and of all votes taken by mail and of all matters of which a record shall be ordered by the Association: shall have charge of the correspondence, notification of meetings, notification of Officers and Directors of their election to office and carry out such duties as are prescribed in these By-Laws: shall collect and receive monies due or belonging to the Association: shall deposit same in a bank approved by the Board, in the name of the Association; the books shall be open at all time for inspection by the Board and shall report to them monthly and at every meeting the condition of the Association’s finances and every item of receipt or payment not before reported; and at every item of receipt or payment not before reported; and at the annual meeting shall render an account of all monies received and expended during the previous fiscal year; shall conduct all other fiscal matters as required by local, State and Federal regulations.
Section 3. Directors
The Association’s Directors, consisting of four (4) elected persons, shall serve in their capacity to assist the Officers, and perform such duties as are set forth in these By-Laws.
Section 4. Appointed Positions
A. At the close of each fiscal year or at such times as the Board shall determine, the books and accounts of the Association shall be carefully examined by a qualified auditor or a committee named by the Board of Directors who shall make a written report thereon.
B. Officers and Directors may be re-elected to serve a consecutive one (1) year term.
Section 5. Term of Office
A. Officers and Directors shall be elected at large and shall serve for a one (1) year term.
B. Officers and Directors may be re-elected to serve a consecutive one (1) year term.
Section 6. Vacancies
A. Officers - Any vacancy occurring among the Officers during the term shall be filled for the remaining term of office by a majority vote of all remaining 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 that office shall be filled in an acting capacity for the remaining term of office by a Director as approved by the Board.
B. Directors – Any actual vacancy occurring among the Directors during the term shall be filled for the remaining term of office by a majority vote of all remaining members of the Board.
C. Appointed positions – Individual appoints may be terminated by a majority vote of the Board and written notice to the appointee. The Board will fill the vacancy.
Section 7. Cause for Removal of the Association Officers and/or Directors
A. Voting Record – The Secretary will keep a voting record of each Board member.
B. Justification for Removal – Any member of the voting Board who fails to respond to at least seventy-five (75%) percent of all board issues submitted within any six (6) month period commencing with his/her first day of office is not representing the Association. Extenuating circumstances will be taken under consideration on an individual basis. The President will notify the incumbent, releasing them from further duties within fourteen (14) days if their voting record is below the requirement. A replacement will be selected by the procedures listed in Article III, Section 6.
Section 8. Removal Procedure
Removal of the President, Officer(s) and/or Directors(s) for misconduct, dereliction of duty or gross negligence shall be accomplished in the following manner:
A. Removal will be by a vote of two-thirds (2/3) of all members of the Board. Determination of such conduct will be a hearing with written or oral testimony before the Board.
B. Removal by recall requires a signed petition by a seventy-five (75%) percent of the Association membership of record stating the reason for removal. Petitions will be submitted to the Secretary who will verify all signatures.
Article IV – Association Year, Voting, Nominations and Elections
Section 1. The Association Year
The Association’s fiscal year shall begin on the first day of January and end on the thirty-first day of December. The Association’s official year shall begin immediately at the conclusion of the annual meeting and shall continue through the next annual meeting. The elected Officers and Directors shall take office immediately upon the conclusion of the annual meeting and each retiring Officer shall turn over to his/her successor in office all properties and records relating to that office within thirty (30) days after the election.
Section 2. Voting
At annual meetings or special meeting of the Association, voting shall be limited to that voting member in good standing who shall either be present at the meeting or who have mailed in their vote to the Secretary/Treasurer.
Section 3. Nominations
Any persons nominated for office of a Board position must accept the nomination verbally or in writing to be eligible for election. No person may be a candidate in an Association election who has not been nominated in accordance with these By-Laws. No person will be eligible for nomination who is not a member in good standing as defined by Article I and in addition who has not been a member for a full fiscal year as defined by Article IV, Section 1, prior to the year in which the nomination is made.
Section 4. Elections
The election of Officers and Directors shall be conducted by secret ballot at the annual meeting. Ballots shall be counted at the meeting by two (2) inspectors of election who are members in good standing, who are neither members of the current Board nor candidates on the ballot, and who shall be chosen by the Chairman of the members present at the meeting. The person receiving the largest number of votes for each position shall be declared elected.
Article V – Committees
Section 1. Standing Committees or Individuals
The Board may appoint standing committees or individuals to advance the work of the Association in such matters as clinics, trials, seminars, trophies, prizes, records, membership and other fields which may be served by committees or individuals. Such committees or individuals shall report directly to the Board and be subject to the final authority of it. Special committees may also be appointed by the Board to aid it on particular projects.
Section 2. Trials Committee
The Vice-President will chair the Trials Committee and appoint 3 members to manage and administer the Trial Rules. Trial Rules shall be attached to these By-laws as Appendix A. Changes and/or modifications, updates, etc., to these Trial Rules shall require a majority vote of the voting members in good standing.
Section 3. Termination
Any committee or individual appointment may be terminated by a majority vote of the full membership or the Board upon written notice to the appointee and the Board may appoint successors to those persons whose service has been terminated.
Article VI – Discipline
Section 1. Changes
Any Association member in good standing may refer charges against any member for alleged Association By-Laws, Code of Ethics, Rules or Regulations violation(s), or for misconduct at MSSDA sanctioned events or activities or while representing MSSDA which is prejudicial to the best interests of the Association. Written charges with specifications must be filed with the Secretary together with a deposit of fifty ($50.00) dollars, which shall be forfeited if a committee following an investigation does not sustain such charges.
Section 2. Procedures Leading to Hearing
A. Upon receipt of the charges the Secretary/Treasurer shall send a copy of the charges to each member of the Board of Directors within ten (10) days.
B. Upon receipt of the copy of the charges the Board shall then first consider within fifty (50) days whether the actions alleged in the charges, if proven, might constitute violation of an Association regulation or policy, or is conduct prejudicial to the best interests of the Association.
C. If the Board entertains jurisdiction of the charges, the Secretary/Treasurer shall send a copy of the charges noting the exact rule(s) or policies violated to the accused person advising them of their rights and procedure for response.
D. The accused shall be given twenty-one (21) days from receipt of the complaint to respond.
E. The Board will then determine if a Board hearing as defined in Article VI, Section 3 is necessary.
Section 3. Board Hearings
The hearing will be conducted by the Board or a committee of not less than three (3) members of the Board. The Board will determine the date, place and time of the hearing.
Section 4. Suspension
Should the charges be sustained after hearing all the evidence and testimony presented by complainant and defendant, the Board or committee may, by majority vote of those present, suspend the defendant from all privileges of the Association for not more than twelve (12) months from the date of the hearing. If the Board deems the punishment is insufficient, the Board may also recommend to the membership at the next annual meeting that the penalty expulsion by a two-thirds (2/3) vote.
Section 5. Notification
Immediately after the Board or committee has reached a decision, its findings, including an explicit listing of the rules or policies violated, shall be put in written form and filed with the Secretary/Treasurer, who, in turn, shall notify each of the parties of the decision and penalty, if any, by certified mail.
Section 6. Expulsion
Expulsion of a member from the Association may be accomplished only at the annual meeting of the Association following a hearing and upon the recommendation of the Board or committee as provided in Section 2 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 written ballot on the proposed expulsion. A two-thirds (2/3) majority of those present and voting at the annual meeting shall be necessary for expulsion. If expulsion is not so voted, the suspension shall stand.
Article VII – Amendments
Amendments to the Constitution and By-Laws may be proposed by the Board of Directors or by written petition addressed to the Secretary/Treasurer and signed by twenty (20%) percent of the membership in good standing. Amendments proposed by such petition shall be promptly considered by the Board of Directors and must be submitted to the members with recommendations of the Board by the Secretary/Treasurer for a vote at the next annual general meeting. Should the Board find that time is of the essence, it may call a special meeting.
Article VIII – Dissolution of the Association
Section 1. Dissolution
The Association may be dissolved at any time by written consent of two-thirds (2/3) of the members and in accordance with the laws governing the incorporation of the Association.
Section 2. Funds
After payment of all debts and liabilities of the Association, any remaining assets shall be transferred to a benevolent organization for the benefit of herding dogs as the Board of Directors shall select.
Article IX – Order of Business
Section 1. Procedure
Robert’s Rules of Order Revised shall govern any matter of procedure not specifically covered by these By-Laws.
Article X – Insurance
Insurance is made available for Association sanctioned trials through dues. Trial hosts may apply for this coverage by payment of a twenty-five ($25) dollar fee per trial. The Board of Directors may delegate this authority to a committee. The fee must be sent in to the Association secretary and received prior to the trial, to ensure coverage.
APPENDIX A
Section 1. Sanctioning of Trials
A. Sanctioning of a trial is through the Board of Directors and must be applied for 30 days in advance of the trial.
B. An application to apply sanctioning can be obtained through the Secretary.
C. To be eligible for sanctioning the trial host must be a MSSDA member.
Section 2. Association Events
A. It will be determined at the annual meeting what events will be considered association events.
B. The Trials committee will designate a person in charge for each Association event and that person will then be responsible for ensuring that the trial is organized to Association standards (i.e. sheep, judge, score sheets).
1. The Association is to be responsible for providing people to help at Association events and trials (i.e. fair trials). The chairman of the trials committee will be responsible for organizing the help.
2. The Association will incur and be responsible for the debts to provide the trial to these standards (i.e. sheep rental, employee costs, and trophies).
Section 3. Recommendation/Requirements for a Stock Dog Trial to be Sanctioned by the Association:
A. Course Director. Either the trial host or the trial committee can appoint the course director. The Association requires the trial to have a designated course director. The Course Director’s responsibilities would include but not be limited to discrepancies between judge(s) and handler. Determine and be responsible for hearing and resolving complaints by handlers as a result of a trial experience. This is to insure that contestants not interfere with the judge or question his/her decisions at any trial sanctioned by Association.
B. The stock must be healthy and properly cared for before and during the trial.
C. There must be at least one clerk available for the judge.
D. Triplicate score sheets will be used. One copy will be for the competitor, one for the Association Secretary, and one for the trial host.
E. Ties in scoring will be broken by either runoff or points according to Judges decision. If broken by points, the run will be decided by total gather points (outrun-lift-fetch). If total points off are the same then the tie will be broken by difference of points in each element of work consecutively until the tie is broken.
Section 4. Class Eligibility
A. Open Class.
1. Any dog that has run in open shall stay in open with that class of livestock. (No Exceptions) Junior handlers(16 years of age as of January 1st of the trial year) can run an open class dog in the ranch class.
2. Open classes must have a minimum of 10 dogs for sanctioning.
B. Ranch Class.
1. A dog that wins the Associations Ranch Dog of the Year will have to move to Open class the following year.
2. A ranch dog may be of any age, but has not ever run in an open class on that class of livestock.
3. A handler may move a ranch dog into open class during trial season at their discretion and retain their accumulated points for the high-point ranch dog award that season.
C. Novice Class:
1. A novice class dog must be under 24 months of age on April 1st of the trial year to be eligible for the novice class, if run by an Open handler.
2. A handler may move a novice dog into ranch class during trial season at their discretion and retain their accumulated points for the high-point novice dog award that season.
D. A dog may only run in one (1) recognized class per day for each class of livestock.
Section 5. Minimum Course Requirements
A. Sheep
1. Open: outrun, lift, fetch, drive (3 legs), pen, shed/chute
2. Ranch: outrun, lift, fetch, drive one leg, pen
3. Novice: outrun, lift, fetch, pen
B. Cattle
1. Open: outrun, lift, fetch, drive (3 legs), pen
2. Ranch: outrun, lift, fetch, drive one leg, pen
3. Novice: Shorter outrun, lift, fetch, pen
Section 6. Year End Award Point System
Open class points are awarded to the top six finishers in the class. 6 points are awarded for 1st, 5 for 2nd, 4 for 3rd, 3 for 4th, 2 for 5th, and 1 for 6th. An additional .1 (1/10) pt is awarded to the top six for each dog over 10 in the class. (Example – 18 dogs in open would calculate to 6.8 for 1st, 5.8 for 2nd and so on).
Points will be awarded for Ranch or Pro-novice but not for open- ranch
Ranch and Novice class points are awarded to each dog that completes the course based on the number of dogs they finish ahead of. (Example- 15 dogs in class would calculate to 14 points for 1st, 13 for second and so on). Dogs that are disqualified or retired do not receive points.
Open or Ranch handlers who run dogs in a novice class will receive the normal points associated with the novice class. Novice handlers who run a dog 24 months of age or under will receive double points at the end of the season. This is to encourage novice handlers to continue in trailing.