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HomeMy WebLinkAbout8.1 Waive Facility Use Fee Diablo Vly Dog Club 0210 - l6 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 22 , 1988 SUBJECT Request from Diablo Valley German Shepherd Dog Club to waive the Facility Use Policy for Shannon Center. EXHIBITS ATTACHED A. Facility Use Policy B. Park and Recreation Commission Agenda Statement - August 9 , 1988 RECOMMENDATION 1 . Receive presentation by staff and representatives of the Diablo Valley German Shepherd Dog Club. 2 . Deliberate. 3 . Uphold the recommendation of the Commission or provide staff with alternative direction. FINANCIAL STATEMENT None DESCRIPTION The Diablo Valley German Shepherd Dog Club has requested Council consideration in their bid to waive the Facility Use Policy for the Shannon Community Center. The particular area of the policy that they would like to have waived is on page one, Classification of Users, Section III (d) . A copy of the Facility Use Policy is attached in Exhibit A. The Diablo Valley German Shepherd Dog Club is a non-profit corporation chartered by the State of California whose goals are as follows : 1 . To advance the all-around qualitities of the German Shepherd Dog through its ' continued improvement; 2 . To encourage improvements in the breeding, exhibiting and working of the German Shepherd Dog; 3 . To conduct fun matches, puppy show-offs, working matches, dog shows, and obedience trials (under the rules of the American Kennel Club) - all entries to be restricted to German Shepherd Dogs ; 4 . To encourage cooperative enterprises with other clubs who also have the best interests of the German Shepherd breed, and working dogs in general, foremost of their activities; 5 . To do all in its ' power to protect and advance the interests of the breed by encouraging sportsmanlike competition at dog shows and obedience trials; 6 . 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 German Shepherd Dogs shall be judged. Their membership is open to any person in good standing with the American Kennel Club and is currently comprised of residents of Alameda, Contra Costa, Solano and San Joaquin counties. The Diablo Valley German Shepherd Dog Club has applied to utilize the Shannon Community Center on a continuous basis for their regular monthly meetings, the second Wednesday of the month from 8 : 00 p.m. to 11 : 00 p.m. Under the Facility Use Policy adopted by the City Council on June 13 , 1988, continuous use of the Center is reserved for the City of Dublin, School Districts with whom the City has a reciprocal facility use agreement and community groups . Although the Diablo Valley German Shepherd Dog Club can be defined as a community group, they do not meet the residency requirement of at least 51% of their members residing in Dublin and/or the Dublin San Ramon Services District. At present, their club has no Dublin residents, and only three who reside within ). iro • . AGENDA STATEMENT - The Diablo Valley German Shepherd Dog Club August 22 , 1988 Page Two the boundaries of the Dublin San Ramon Services District in San Ramon. Consequently, only 8% of their membership meet the residency requirements, as established by the Council in the Facility Use Policy. The Park and Recreation Commission considered the request by the Diablo Valley German Shepherd Dog Club at their meeting of August 9 , 1988 (Exhibit B) . It was their recommendation that the club be allowed to use the Center on a continuous basis for the fall quarter, as the room is available on the nights that they have requested. However, it was the Commission' s recommendation that they be assessed the hourly rate of $37 . 00 per hour for non-resident groups (Classification VI ) , instead of the $8. 00 per hour rate for community groups . The Diablo Valley German Shepherd Dog Club has indicated that the $37 . 00 per hour rate is prohibitive and would like the City Council to reconsider the recommendation of the Commission. It is their request that they be allowed to utilize the Center for the $8 . 00 per hour community group rate. Therefore, it is the recommendation of staff that the City Council take the following action: 1 . Receive presentation by staff and representatives of the Diablo Valley German Shepherd Dog Club. 2 . Deliberate. 3 . Uphold the recommendation of the Commission or provide staff with alternative direction. ----------------------------------------------------------------- ITEM N0. Copies to: Park and Recreation Commission Diablo Valley German Shepherd Dog Club 'SFiJ1NNON 00t MUNITY CENTER y FACILITY USE POLICY : IDflR)a)MON The City of Dublin manages the Shannon Community Center. The Center is utilized by the Recreation Department for City sponsored classes and programs' and is also available for rental by community groups and private individuals. The Facility Use Policy is designed to ensure that the Center is utilized for recreational, cultural, social and community service functions that meet the needs and interests of the community. In addition, the Facility Use Policy establishes rules, regulations, procedures and fees governing the use of the Center. Any request for exception to the rules, regulations, procedures and fees as stated ,in the Facility Use policy, must be submitted in writing to the Director of Recreation no later than , one (1) month prior to the date requested. CLASSIFICATIONS OF USIMS 1. The following classifications shall apply for the purpose of determining applicable fees and charges as well as priority use: I. City of Dublin Use. II. School Districts with when the City has a reciprocal Facility Use P. regiment. III, Community Groups - An organized public group having the following membership qualifications: a) Is non-profit. b) Has officers and a definite organizational structure. c) Activities are recreational or educational in nature. d) At least fifty-one percent (51%) must be residents of the City of Dublin/Lublin San Ramon Services District. organizations claiming status in this classification must demcnstrate that they qualify for such status by submitting a roster of their membership and a copy of their bylaws or constitution at the time that thev submit a Facility Use Application. IV. Dublin L"na.mber of CcTm.erce V. Private individuals or groups - youth or adult groups not open to the public and which are using the facility for private purposes. In this group are lodges, fraternal organizations, political organizatigns, wedding receptions, but not li-nited to these groups. VI. Non-resident individuals or groups - individuals or groups with less than f if ty-ore percent (51%) of their membership residing within the boundaries of the City of Dublin/Dublin San Ramon Services District. VII. Ccr=,ercial use by private groups for the principal purpose of making a profit not pledged to be devoted to public or welfare uses. 2. Use of the Center shall not be granted: a) To any individual or group, political or otherwise, that advocates the overthrow of the government of the United States of America or the State of California by force, violence or any other unlawful means. b) When determined by the Director of Recreation, such use may not be in the best interest of the City. RISIItVATICN PROCEDURE 1. In order to reserve the Shannon Community Center, a Facility Use Application must be submitted for approval by the Director Recreation. Approval takes 3-5 working days; you will be notified by mail as to the status of your application. 2. Once an application has been submitted, a waiting list will be established for applicants requesting use on the same date. If, after the review by the Director of Recreation, the application is rejected, the first aaolicant on the waiting list will be notified. .: ;mfw. iru.%.eA*;;4e7wo'M:B+auo.^" • - 1. .at v .,Y, .ti'. . r 'gESMZTAgCN P12OC 7RI: (CONTINUED 3, Applications must .be submitted in person at the Shannon Cmm mity Center Office, 11600 Shannon Avenue, Dublin. 4. Applications are accepted between the hours of 9:OOa.m. and 4:OOp.m., Monday through Friday (holidays excepted). 5. Applications for weekday use of the Center will be accepted up to three (3) months in advance of the desired date. Applications for weekend use (Friday night-Sunday) of the Center will be accepted as follaws: a) Classifications I-V may submit applications up to one (1) year in advance of the desired date. b) Classification VI may submit applications up to nine . (9) months in advance of the desired date. c) Classification VII may submit applications up to six.(6) months in advance of the desired date. d) If the submittal date falls on a Saturday, the application may be submitted the precewina Friday. If the submittal date falls on a Sunday, the application may be submitted the following Monday. 6. Applications for continuous use of the Center will be accepted as follows: a) Classification I may submit applications up to one (1 ) year in advance. b) Classifications II-IV may submit applications on a quarterly basis as follows: ; 1 . Summer (June, July, August) - Applications accepted starting .May 1 . 2.. Fall (September, October, November, December) - Applicaticns accepted starting August 1 . 3. Winter (January, February, March) - Applications accepted. starting December 1 . 4. Spring (A_ril, May) - Applications accepted starting March 1 . c) Continuous use is not per. fitted for Classifications V-VI. 7. Applications submitted less t-ian fifteen (15) working days prior to the day requested will not be accepted. 8. An additional 50% will ,be &arged for use of the Center on designated City holidays. 9. Transfer of security deposits from one date to another is permitted if the request is submitted in writing no later than sixty (60) days prior to the original date requested. (This will only be allowed cne time). QAN(LT ATICNS 1. Cancellations must be made in writing by the person listed as applicant on the Facility Use Applicrticn. Refunds will be handled as follows: a) 30 days or m:cre prior to function date - forfeit deposit unless date is rebooked by another user. b) Less than 30 days prior to function date - forfeit deposit and one-hale of fees paid. PAymiwr Sa=UL.F 1. At the time the ap�alicat;en is subnitted, the secur'-ty deposit is required (see Fee Schedule) . 2, Final payment is due no later than one month (30 days) prior to the scheduled function date. Please call the rental secretary at 829-4932 to schedule an appointment. 3. Payments not received by this thirty day deadline will result in cancellation of the function and forfeiture of the deposit. 4. Security deposits will be returned by mail within 30 days of your function date providing there are no violations of the Facility Use Policy and/or excessive cleaning or damages to the facility. 5. Payments can be made b, check, money order, or cash. Checks or money orders must be made out to the City of Dublin. If paying by check, the check must be drawn on the account of the person listed as applicant on the Facility Use Application. a 3 USE ICLW or {{ 1. The Shannon Conmunity Center is available for rental Sunday ';through Thursday from 8:00JV4 to -10:00PM, and Friday and Saturday from 8:OOAM to 12 midnight. 2. The minimum reservation accepted will be for two hours. - 3. Hours of use must include the amount of time needed for the function, setup and cleanup, including any time needed by your caterer, band, florist, coordinator, etc. 4. Refunds are not given for hours not used. 5. within 30 days of function date, requests for changes in function hours are subject to availability of staff. 6. The Center must be vacated by the time specified on the Facility Use Application. INSURANCE,�TCATE Applicants shall provide the City of Dublin with a valid Certificate of Liability Insurance written through carriers acceptable.to the City of Dublin. Such certificate shall provide Bodily Injury and Property Damage Liability protection at a minimum limit of $500,000 per occurrence. If alcohol is to be sold, liquor liability protection at a minimum of $300,000 per occurrence is required. This Certificate of Insurance shall name the City of Dublin as an additional insured in conformance with the Hold Earmless Agreement as outlined in the Facility Use Application and must specify that the user groups insurance shall be primary to any insurance, carried by the City and the District. The Certificate of Insurance is due at the time final.payment is made. ALC13HOLIC BEVERAGES 1. Requests to sell alcohol must be submitted in writing to the Dublin Police Services, 6500 Dublin Blvd., Suite 100, Dublin, CA 94568. 2. If permission is granted, applicants must cbtain the appropriate permits or licenses from the' Alcoholic Beverage Control Board, 1111 Jackson Street, Room 4040, Oakland, CA. (464-0863). Evidence of this coverage is due at the time final payment is made. GaU AL REGULATIONS 1. Groups composed of minors must be supervised* by one (1) adult for each twenty (20) miners at all times while they are using the facility. 2. Facility Use Pe-raiits cannot be transferred, assigner or sublet. 3. Decorations must be of flame-retardant material. The use of nails, tacks or staples is prohibited. Mas',cing tape, if used, trust be rc-�-�oved immediately following the event. 4. Storage is not available either before or after your event. 5. Tables and chairq:may not be removed fran the interior of the building. 6. Barbecuing and/or the use of candles must be approved in advance by the Fire Department (829-2333). 7. Rice, birdseed, etc. may not be thxc4m in the facility. 8. Tickets may not be sold at the door as -.n admission charge unless approved in advance by the Director of Recreation. 9. Parking is permitted in painted parking stalls only. Parking is er not permitted on sidewalks, lawn areas or unmarked blacktop areas. Vehicles parked illegally will be cited. ------------------------------------------ SIGN AMID SUa= WITH APPLICATION The undersigned, hereby agrees to be responsible for any damage to the facility occurring during this use, and. agrees to be responsible for the conduct of all persons attending this function_ Applicant further agrees to be responsible for any accident or injury occurring to anyone during this use, and agrees that the City of Dublin, its officers and employees, shall not be responsible for any such injury or loss. The undersigned, has received a copy of the Facility Use Policy and agrees to comply with the rules and regulations listed herein. Signature of Rental Applicant Date Signature of Recreation Department Rep. sate SHANNON COMMUNITY OTTER., FEE SCHEDULE Classification I (City of Dublin) 1. No Charge Classifications II, III, and IV (School of/Cunnerce ��/chamber 1. No charge if the following criteria is met: a) Admission fees are not charged b) Event held during the Centers regular business hours If the event is held outside of the Centers regular business hours (8:00a.m.-5:00p.m.) or if staff is re setup$ and take down tables or chairs, the group per Building Attendant Fee. 2. If the Center is to be used for the purpose of fundraising or if an - admission fee is to be charged, see charges under Classification II, III and IV below: •, 3. If the Center is to be used on a continuous basis, applications will be accepted quarterly (see Facility Use Policy for application dates) . Classificaticn VI (Ncn-Residents) Classification VII (CMmercial Use) CLASSLFIC?TICN II III IV V VI VII Security Deposit $100 $100 $100 $100 $100 $ 100 Hoarly Rate Social Hall $ `45 $ 45 $ 45 $ 75 $ 80 $ 100 West Roan $ 31 $ 31 $ 31 $ 35 $ 37 $ 50 East Room $ 31 $ 31 $ 31 $ 35 $ 37 $ 50 A&B Roan $ 31 $ 31 $ 31 $ 35 $ 37 $ 50 Kitchen $ 10 $ 10 $ 10 $ 10 $ 12 3 16 NOTE: If the West, Fast or A&B Roue is to be rented in addition to the Social. Hall, deduct $20.00 frxn the hourly charge for the additional roan used. CITY OF DUBLIN PARK AND RECREATION COMMISSION AGENDA STATEMENT MEETING DATE: August 9, 1988 SUBJECT Request from Diablo Valley German Shepherd Dog Club to Waive the Facility Use Policy for Shannon Center EXHIBITS ATTACHED A. Facility Use Policy ' B. Correspondence- from Charles Norton C. Membership Roster D. Constitution RECOMMENDATION Consider Options as Outlined by Staff FINANCIAL STATEMENT None DESCRIPTION At the June 13 , 1988 meeting of the Dublin City Council , the Council approved the revisions to the Facility Use Policy for the Shannon Community Center. One of the revisions to the policy was to establish guidelines for continuous use of the Center. The Facility Use Policy is attached in Exhibit A with continuous use addressed on page 2. As stated in the policy, continuous use of the Center is reserved for City of Dublin, Dublin School District and Non-Profit Community Groups with 51 % of their membership residing within the. City of Dublin and/or the Dublin San Ramon Services District. Staff has received correspondence from. Charles Norton representing the Diablo Valley German Shepherd Dog Club (Exhibit B) who asks that an exemption be granted to the facility use policy in order to allow their club to continue meeting at Shannon Center. As you can see by the membership roster shown in Exhibit C, they currently have no members residing in Dublin and only three who reside in San Ramon. Consequently, they do not meet the membership requirements ( 51 %) for a community group. The German Shepherd Dog Club has been meeting at the Center for nine years during which time the Center was under the jurisdiciton of the Dublin San Ramon Services District (DSRSD) , the San Ramon Valley Community Services Group (SRVCSG) and, most recently, the City. They meet the second Wednesday of the month and pay $41 .00 for three hours of use, the fee assessed to them by SRVCSG. Staff has developed the following options for consideration by the Commission: 1 . Deny the Request. 2. Waive the residency requirement under the Community Group Classification, thus allowing them to utilize the facility for $8 .00 per hour. 3 . Waive the area of the policy which prohibits continuous use by non-residents , thus allowing them to utilize the facility for $37 per hour. If the Commission is in favor of either option 2 or 3, the request will need to be heard before the City Council for a final decision. If the Commission recommends denial of the request, the club may appeal the recommendation to the City Council. ------------------------------------------- ITEM NO. � cc: Charles Norton, Diablo Valley German Shepherd Dog Club Diablo Valley German Shepherd Dog Club, Inc. Charles Morton 865 Liberty Court Tracy, California 95376 RECEIVED July 22, 1988 JUL '26 1988 RECREATION DQT. Char J. Young Recreation Secretary City of Dublin P.O. Box 2340 Dublin, California 94568 Dear Mr. Young: Referring to your kind letter of July 14th to sirs. Eshom concerning our use of the Shannon Center, I was asked to respond. Acting for the Board of Directors of the Diablo Valley German Shepherd Dog Club, Inc., our club requests an exception to the facility use policy concerning 51 residency requirement for the following reasons: - As a non-profit corporation chartered by the State of California, our membership is open to all and as such we cannot discriminate membership by virtue of city residency. - Our membership is drawn from Alameda, Contra Costa, Solano, and San Joaquin counties because there are no clubs available to those inter- ested in the German Shepherd Dog breed in counties 6utside. Alameda. - We provide a service to the community by promoting educational activities, humane treatment of animals, control of vicious dogs, guidedogs for the blind, law enforcement dogs, and other activities for the improvement of our breed. - We provide .revenue for the city of Dublin through the conduct of two large dog shows annually at the county fairgrounds, drawing entries from out of state. - Our club has been using the Shannon Center for more than nine years without any problem and we consider ourselves excellent and responsible users. lie would like to continue to use Shannon Center. Dublin is the geograph- ical and activity hub for our membership. Consequently, we as!;- that you give every consideration to our request for continued use of the Shannon jent in -/y, harles Norton, Member, Board of Directors A Anaer5ull Hvc. ,HERTZ, GERRY & RUBY `J'' .,1.. . ID/ r�xLC kland, CA 94619 ,14350 Sk- "ne Blvd. Modesto, CA 95351 Ripon, CA 95366 15) 531-6797 ;Oakland, , 94619 (209) 577-6696 (2G9) 599-4597 RON, DEBBIE 1 (415) 568-4682 PITLOCK, CAROL MURRAY, MAARTI 9 Garin Ave. 846A Hardin Ave. 5240 Felicia Ave. yward, CA 94544 )IICKMAN' CARL & 47F�`IDY San Jose, CA 95126 651 Potsgrove Ct. Livermore, CA 94550 15) 471-1749 Tracy, CA 95376 ( (408) 971-0639 415) 449-1847 � ;UwIS, DARL.A (209) 83673058 RAEBURN, ALAN & JANICE HEAD, DEBBIE 26 Utah Dr. PODDG114, ELAINE 1622 Juniper St. 7461 Inverness St. .cl=nd, CA 94803 7008 Ricky Ct. Liveanore, CA 94550 Ban Rammn, CA 94583 115) 223-3564 ;Linden, CA 95236 (415) 449-5133 )X, MARYANNE (209) 786-2245 REIChTNBERG, DIANE )20. Pleasant View .Lane ; 2176 167th Ave. HOVOPKA, VIRGINIA ivermore, CA 94550 San Leandro, CA 94578 415)455-1839 2634 Trotter Way (415) 481-0174 Walnut Creek, CA 94596 LXON, PAM (415) 937-9617 fir, PAUL & JE NIFER 1 Bola Ave. N 5040 Pacheco Blvd. lamo, CA 94507 hL�3L' Martinez, CA 94553 4.15) 637-1612 C D O. E 68 -(415) 370-1259 Canyon Lan, CA 95,4 23 ; (916) 284-7697 (iPZY:<, Jam & Is".zz= RYAN, JACK & P,FV 179 Stanford Way 'JACOBS, RAY 2109 Stewar—L. ,ive=re, CA 94550 ; 506 Pepper Tree Rd. Walnut Creek, CA 94596 415) 447-6397 :Walnut Creek, CA 94536 (415) 943-6480 ; (415) 935-2936 RUSS & BERN SCEItcINUG<, MARY .0101 Te=1a Rd. JCHISGN, RUSS & C �`?LLE � ULTZ, G'=pDLE :ive_�re, CA 94550 1359 Bent Tree Lane 18091 Hc_* Lane '415) 443-7131 Q o Mznteca; CA 95336 CDnccrd, C� 456 209) 82.:-4240 _,." . (415) 689-3669 FT. ��.!yv, STAN & Br: t 52 Lcnaview Ct. LOPEZ ART Ste"'3ROLL, W�LBUR & I-"7 Pittsburg, CA 94565 717 Graymort Circle (415) 432-0302 1966 Marion Ct. Concord, CA 94518 Lafayette, CA 94549 (415) 933-3600 F.R:Z,NCIS, KEN & Sv (415) 939-7280 850 Sunnyview M.EL"�CO, PAT SILVEY, L= Pi.^.oie, CA 94764 103 Starlvr. Dr. (4:15 ) 724-2533 9895 Del Mar Dr. -Pleasant Bill, CA 94523 „an Ramon, CA 94543 (415) 934-7589 CAr: C SHAFT (415) 828-1043 � , r 3223 Pine Valley Rd. SPRINGER, KAY Q4 4 NESTCR, BILL San Ramon, CA 563 197 Ayers 4214 Greaorr St. (415) 829-0336 � ,1 Oakland, CA 94619 q Concord, CA 4Id2- (415) 482-2421 GROSS,'-!k`1, LES= & SELkA (415) 827-1026 19 Ba.�on Ct. NOFc��V FRED & rE.�LTH SiUNFYr��i, LORI Pleasant Hill, Cl 94523 1841 Argonne Dr. 16969 Tesla Id. (41:5) 933-1792 Walnut Creek, Ca 945318 L,ivemore, CA 94`50 (415) 825-5800 (415) 449-5734 ANjA 3115 Illinois NORnAN, WALT & AN-14 TAYLOR, K.ZjZCN r,odesto, C�k 95351 133 B St. 1793 Dakota Lane ( 209 ) 52--1199 Vallejo, CA 94590 Concord, Ca 94519 (707) 644-3352 (415) 686-2359;AYAC C RLA SUE NOR'CN, CHUCK & BEF'I'1`! 6 J,-_isv Lane 865 Liberty Ct. 3809 LaTborghini Cr_nda, Ca 94563 Tracy, CA 95376 Modesto, Ca 95356 (-115) 451-1060 (209) 835-2073 (209) 52;-4379 CONSTITUTION ARTICLE I: NAME AM OBJECTS Section 1 The name of the Club shall be: "DIABLO VALLEY GERMAN SHEPHERD DOG CLUB". Section 2 The objects of the Club shall be: (a) to advance the all-around qualities of the German Shepherd Dog through its continued improvement; (b) to encourage improvements in the breeding, exhibiting and working of the German Shepherd Dog; (c) to conduct fun matches, pug:py show-offs, working matches. dog shows, obedience trials, under the rules of American Kennel Club, all entries to be restricted to German Shepherd Dogs; (d) to encourage cccperative enterprises with other clubs who also have the best 'interests of the Ge=-man Shepherd breed, and working dcgs in general, foremost of their activities; (e) to do all in its power to protect and advance the interests of the breed by encouraging sportsmanlike competition at dog shows and obedience trials; (f) to urge members and breeders to accept the standard of the breed as aporoved by the American Kennel Club as the only standard of excellence by which German Shepherd Dogs shall be judged. Section 3 Thy Club shall devote all profits to the above purposes. ?r may make specific bequests to such charitable or civic organizations as shall be aooroved by a majority vote of t^ose in attendance and votin.2 at a Club meeting. Under no circumstances stall the Club oav a' salary, fee, commission or dividend to any member`. BY-LAWS ARTICLE I: MEMBERSHIP Section 1 ELIGIBILITY There shall be two types of membership offered to any person in good standing with the American Kennel Club and who subscribes to the purposes of this Club: (a) Regular membership shall be open to all persons eighteen years of age and older; (b) Junior membership shall be Open to all persons seventeen years.of age or under. Junior members may not vote or hold office. The Club's primary purpose is to be representa- tive of the breeders and exhibitors in its general area, but unrestricted as to resident of members. Section 2 DUES Dues for Regular m—Y,ership shall be $10. 00 per person per year. ;$15 . 00 rer fa.*ni1v couple rer ve_r ; $3.00 per Junior member per year; payable on or before January 1st of each year. Noiltaember�.may,vote:whose:dues.=are:not--:paid for-the- 4ctfYr2nt��yea't. Zuring s.the_month ,of:,.No-iember;.�zhe-xrea- eurer'`sTia-11' -to.:�acn:;member;:.a stat ement;;of:_fiis-tdues for the ensuing yeah Section 3 ELECTION OF ME`-BERSHIP Each applicant for membership shall apply on a for-- approved by the Board of Directors and which shall provide that the applicant agrees to abide by this Constitution. and By-Laws and the rules of the American Kennel Club. The application shall state the name, address and occupa- tion of the applicant, as :ell as whether breeder, exhibitor, judge, handler, or other, and it shall carry the endorsement of two members in good standing. Accompanying this -appliea- tion,.4 he. prospective,member shall submit payment of--due9 for-,the -curren:.'year. A�� a, ' gatiprs,.•ar.e to_abe�,filed with the Secriatarvea::_4 each app,T�cattbL_, s p�,bz, read at the first meeting of the + Cizb] following its receipt. At the next Club meeting th0 application will be voted upon and affirmati�re�io'tes bf' 2 _ th � fl .Fths ;af the-members_presen .:and'votin that meeting.sTia71;lie.'Fequired to_;�lect _..e� pp - , eet cant:. r Applicants for membership who have been rejected by the Club may not re-apply within six months after such rejection. Section 4 TERMINATION OF `i---'%!3ERSEIP Membership 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 t e Club. Dues obligations are considered a debt to the Club, and they are incurred cn the first day of each fiscal year; (b) by lapsing: a membership will be considered as lapsed and automatically terminated if such members dues remain unpaid 90 days after the first day of the fiscal year; however, the Board may grant an additional 90 days of grace to such delinquent members in meritorious cases. 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 membershi? may be terminated by expulsion as provided in Article �-I of these By-La-,;5- ARTICLE II: MEETINGS ND VOTING Section 1 CLUB IMEETI`:GS Regular meetings o: the Club shall be held in Contra Costa or Alameda Counties cn the first Friday of each month, at such hour and place as may be designated by the Board of Directors. Written notice of each such meeting shall be mailed by the Secretary at least ten days prior to the date of the meeting. The,;.quoruik for such meeting shall to 25'/-,,of the membership in good standing. Section ? .SPECIAL c-L3 ME TINGS Special Club meetings may be called by the President, or by a majority vote C: the members of the Board who are present and %o� ing at any regular o, special meetia; e� the Board, 01. by t~e Secretary upon receipt of a petitilcn Signed by five members or t^.e Club who are in good sta^ding. Such special meetings s::a11 be held in Contra Costa or 3 - Alameda County and at such hour and place as may be designed by the person or persons authorized herein to call such meetings. Written notice of such a meeting shall be mailed by the Secretary at least five days and not more than fifteen days prior to the date of the meeting, and said notice shall state the purpose of the meeting and no other Club business may be trans- acted thereat. The quorum for such a meeting shall be 25% of the membership in good standing. Section 3 BOARD MEETINGS Meetings of the Board of Directors shall be held in the County of Contra Costa or Alameda on the second Monday of each month, at such hour and place as may be designated by the President. Written notice of each such meeting shall be :mailed by the Secretary at least five days prior to the date of the meeting. The quorum for such a meeting shall be a majority of the Board. Section 4 SPECLkL BOARD MEETINGS Special meetings of the Board may be called by the President or by the Secretary upon receipt of a written request si.ered by at least three members of the Board. Such special meetings shall be held in the County of Contra Costa or Ala=eda at such hour and place as may be designated by the person authorized herein to call such a meeting. Written notice of such meeting shall be mailed by the Secretary at least five days and not more than ten days prior to the date of the meeting, or telephone notice shall be filed at least twenty-four hours and not more than five days prior to the date of the meeting. Any such notice shall state the purpose of the meeting and no other business shall be transacted thereat. A quorum for such a meeting shall be a majority of the Board. Section 5 VOTING Each Regular member in good standing, whoserdues�:ar6 -paid for.the .current.year., shall be entitled to one vote at any meeting of the Club at which he is present. Proxy voting will not be pe=itted at any Club meeting or election. ARTICLE III DIRECTORS AN-D OFFICERS Section 1 BOA:-,D OF DI ECTORS The Board shall be comprised of the President, Vice- President, Secretary, Treasurer, and five other persons , - 4 - all of whom shall be elected- for one year, at the Club's annual meeting as provided in Article IV and shall serve until their successors are elected. General management of the Club's affairs shall be entrusted to the Board of Directors. Section 2 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 duties and powers normally appurtenant to the office of President in addition to those particularly. specified in these By-Laws. (b) The Vice-?resident shall have the powers and exercise the -duties of the President in case of the President's absence, death or incapacity. (c) The Secretary shall keep a record of all meetings of the Club and of the Board and of All metters of which a record shall be ordered by the Club. He 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 me=hers 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 moneys due or belonging to the Club and receipt therefor. He shall deposit sa=e in a bank, which is satisfactory to the Board, in the na--e of the Club. His books shall at all times be open to ins-pection of the Board and he shall report to them at every Wee*_ing the condition of the Club's finances and every iteW or receipt or payment not before reported; and at annual meetings he shall render an account of all monevs received and e". ended during the previous fiscal year. An•16—MitNsha'll,be"tiade,'•at'lt? for the ensuing year.. A delinquent notice shall be sent by the Treasurer to those members whose dues remain unpaid at the end of sixty days. . Section 3 VACANCIES Any vacancies occurring on the Board or among the offices during the year shall be filled until the next annual election by a majority vote of all the then members of the Board at its first regular meeting follow- ing the creation of such vacancy, or at a Special Board Meeting called for that purpose; except that a vacancy in the office of President shall be filled automatically by the Vice-President, and the resulting vacancy in that office (Vice-President) shall be filled by the Board. ARTICLE IV: THE CLUB YEAR, ANNUAL MEETING, ELECTIONS Section 1 CLUB YE_kR The Club's fiscal year shall begin on the first day of January and end on the thirty-first day of December. The Club's official year shall begin i--ediately at the conclusion of the election at the annual meeting and shall continue t::rcugh the election at the next annual meeting. Section 2 ANNUAL MEETING The annual meeting shall be held in the month of April at which directors and officers for the ensuing year shall be elected by secret written ballot from among those nominated in accordance with Section 4 of this Article. They shall take office i=ediately upon the conclusion of the election and each retiring officer shall turn over to his successor in office all properties and records relating. to that office within thirty days after the election. ` Section 3 ELECTIONS The nominated candidate receiving a majority of votes cast, for each office shall be declared elected. The f ive (5) nominated candidates for other positions on the Board who receive the greatest number of votes for such positions shall be declared elected. Record shall be 'kept of vote count. Section 4 NOMINATIONS No person may be a candidate in a Club election who' - 6 - t has not been nominated and is not a member in good standing. During the month of December, the Board shall select a Nominating Committee consisting of"tbrew . memb�"r"s•`�arid=�ts.-o"�lternates,riot•.,inore��hart'�tftt��bfaaho�n shiTiMiLa .t ti 4gdAArd. The Secretary shall immediately notify the committeemen and alternates of their selection. The Board shall name a Chairman of the Committee and it shall be his duty to call a committee meeting which shall be held on or before the 1st of February. (a) The Cor=Lttee shall nominate one candidate for each office and five candidates for the Board. Consent of the nominee must first be obtained by the Committee, who shall then i=-ediately report their nominations to the Secretary in writing. (b) Upon':receipt°'o�:,tl�.�y°..,:;p, ;tt -s. report,=:tHe.�ec.retary_;shall�on ux;:.before:=February5' Ii . .., - .i YwYu no_ ifyxach.member_in .writing of.:the'candidatesb, ;nominated (c) Additional nominations may be made at the March meeting by any member in attendance provided that the person so nominated does not decline when his name is proposed and provided further that if the proposed candi- date is not in attendance at this meeting, his proposer shall present to the Secretary a written statement from the proposed candidate signifying his willingness to be a candidate. No person may be a candidate for more than one office, and the additional nominations which are provided for herein may be- made only from among those members who have not accepted a nomination of the Nominating Committee. ARTICLE V CO�L`iITT_EES Section 1 aPPOI`iT`1ENT The Board may, each year, appoint standing committees to advance the work of the Club in such matters as dog shows and obedience trials, trophies, annual prizes, membership a-d other fields which may well be served by committees. Such committees shall always be subject to the final aut`•.ority of the Board. Special Committees may also be a;poin*_ed by the Board to aid it on particular projects. Section 2 - T=FVTI;:iTIO\ Any co='__tee appointment may be terminated by a majority vote j- the full membership of the Board, upon 7 - written notice to the appointee and the Board may appoint successors to those persons whose service has been terminated. i All committees will be considered terminated with the election of new officers and new appointments will be made by the new Board. On approval of the membership, the Board may extend the period of any committee appointment. ARTICLE VI: DISCIPLI`'E Section 1 AMERICAN KENNEL CLUB SUSPENSION Any member who is suspended from the privileges of the American Kennel Club automatically shall be suspended from the privileges of this Club for a'like period. Section 2 CN4RGES Any member may prefer charges against a member for alleged misconduct prejudicial to the best interests of the Club or the breed. Written charges with specifications must be filed in du?Iicate with the Secretary together with a deposit of 510.00 whim shall be forfeited if such charges are not sustained by the Board 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 interest of the Club or the breed. If the Board considers that the charges do-not allege conduct which would be prejudicial to the best interests of the Club or 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 not less than 3 weeks nor more than 6 weeks thereafter. The Secretary shall promptly send one copy of the charges to the accused member by registered mail together with a notice of the hearing and an assurance t::^.at the defendant may personally appear in his own defense and bring witnesses if he wishes. Section 3 FEARING The Board shall have complete at:thority to decide whether counsel r-1 attend the hearing, but both complainant and defendant s1nall be treated uniforaly in that regard. Should the chL:&es be sustained, after hearing all the evidence and ce.sti=eny presented by ce^?lainant and defendant, the Board may by a majority vote of those present suspend the defendant from alI privileges of the Club for not more - 8 - than six months from the date of the hearing. And, if it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In such case, the suspension shall ; not restrict the defendant's right to appear before his fellow-members at the ensuing Club meeting which considers the Board's recommendation. Immediately after the Board has reached a decision, its findings shall be put in written form and filed with the Secretary. The Secretary, in turn, shall notify each of the parties of the Board's decision and penalty, if any. Section 4 EXPULSION Expulsion of a member from the Club may be accomp- lished only at a meeting of the Club following a Board hearing and upon the Board's recommendation as provided in Section 3 of this Article. Such Proceedings may occur at a regular or special meeting of the Club to be held within 60 days but not earlier than 30 days. after the date of the Board's recommendation of expulsion. The defendant shall have the privilege of appearing in his own behalf, though no evidence shall be taken at this meeting. The President shall read the charges and the Board's findings and recommendations , and shall invite the defendant, if present, to speak in his own behalf if he wishes. The meeting shall then vote by secret written ballot on the proposed expulsion. A two-thirds vote of those present and voting at the meeting shall be necessary for expulsion. If expulsion is not so voted, the Board's suspension shall stand. ARTICLE VII: ' ' AIMEND`1ENTS Section 1 Amendments to the Constitution and By-Laws .may be proposed by the Board of Directors or by written-petition addressed to the Secretary signed by twenty percent of the membership in good standing. Amend=eats proposed by such petition shall be promptly considered by the Board of Directors and must be submitted to the members with recom- mendations of the Board by the Secretary for a vote within 3 months of the date when the petition was received by the Secretary. Section 2 The Constitution mad By-Laws may be amended by a two- thirds vote of the members present at the meeting at which the amendment J.z. placed before the me=bership for adoption. - 9 - 1 ARTICLE VIII: DISSOLUTION Section 1 The Club may be dissolved at any time by the written consent of not less than two-thirds of the members. In the event of the dissolution of the Club whether voluntary or involuntary or by operation of law, none of the property of the Club nor any proceeds thereof nor any assets of the Club shall be distributed to any members of the Club, but after payment of debts of the Club , its property and assets shall be given to a charitable organization for the benefit of dogs, said organization to be selected by the Board of Directors. 10 - vt- Page 4' Section 3: on second-Thursday of each mont" it such hour and place a • as may be designated by the President. Page 4 Article III. Section 1: ". . .The Board of Directors shall be comprised of the President, Vice-President, Recording Secretary, Corresponding Secretary, Treasurer, Inrediate Past President, and three other Directors. The Officers and Directors shall be elected for one-year terms at the Club's annual meeting and shall serve until their successors are elected. The Imi*diate Past President shall assume office on the election of a new President at the annual meeting and shall serve as Past President until the inc,arbent President becomes Immediate Past President. This.makes a full board of nine. The general management of the Club shall be entrused to the Board of Directors. Pace 5 Section 2: ". . .The Club's Officers, consisting of the President, Vice-President, Recording Secretary, Corresponding Secretary and Treasurers shall serve in their respective capacities both in regard to the Club and its meetings and the Board of Directors and its meetincs. c. The Recording Secretary shall take and record minutes of all meetings of the me--tubers and of the Board; furnish ccoies of all minutes to the Board; keep and uc-to-date roll of the meTbers of the Club with their addresses and telephone nu,rters; and carry out such other duties as are prescribed in these by-laws and/or by the Board of Directors. d. The Cornesponding Secretary shall have charge of all general Club correszen6- ence; notify members of time and place of meetings; notify officers of their election to office; notify "n&,-i narrlers of their election to cr=rbership; distibut:= to each new marl er a copy of the Club's by-ia:.,., the Standard of the Germ an Shepherd Lc\-i, and to carry out such other duties as are prescri_'- in these by-leas and/or by the Board of Directors. f. The L=nedi to Past President shall serve as a voting memeLer of the Beard of Directors and carry out such other duties as are prescribed in these by-laws and/or by the Board of Directors.