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Xtra Rules for Membership


Bookish
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Our Bylaws specify how to become a member.  Fill out the application form, attach a check for dues and a non-refundable "application" fee, send application to the Membership Secr "......who shall determine if it is in order and if so, shall promptly send the application to the Board and the fees to the Treasurer."  Then the Bylaws say how the applicants will be elected and the results of an up or down vote.

However, the Board has imposed some other hurdles for the applicants to go through including publishing their names in the Club bulletin and asking for feedback (positive or negative), and giving the members 30 days to do so.  My question - are these extra hurdles allowed or must they be in the Bylaws?

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Only your organization can interpret its bylaws, but there is a principle of interpretation which says that things of a certain class are permitted, others are thereby prohibited. Under this principle, it would appear that the board is not permitted to create additional hurdles to membership unless some other provision gives them that prerogative.

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17 minutes ago, Bookish said:

Our Bylaws specify how to become a member.  Fill out the application form, attach a check for dues and a non-refundable "application" fee, send application to the Membership Secr "......who shall determine if it is in order and if so, shall promptly send the application to the Board and the fees to the Treasurer."  Then the Bylaws say how the applicants will be elected and the results of an up or down vote.

However, the Board has imposed some other hurdles for the applicants to go through including publishing their names in the Club bulletin and asking for feedback (positive or negative), and giving the members 30 days to do so.  My question - are these extra hurdles allowed or must they be in the Bylaws?

You neglect to tell us who votes on admission to membership. Is it the Board?

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Yes, it is the Board.  This is what I found in the Bylaws, under Powers and Duties - "General management of the Club's affairs and the control of its property shall be entrusted to the Board of Directors, exercising these powers and performing those duties specified in these Bylaws and transacting the general business of the Club not otherwise provided for in these Bylaws.  The President and/or the Board acting as a body shall have an unqualified right of access to the books, records and files of the Club."

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3 minutes ago, Bookish said:

Yes, it is the Board.  This is what I found in the Bylaws, under Powers and Duties - "General management of the Club's affairs and the control of its property shall be entrusted to the Board of Directors, exercising these powers and performing those duties specified in these Bylaws and transacting the general business of the Club not otherwise provided for in these Bylaws.  The President and/or the Board acting as a body shall have an unqualified right of access to the books, records and files of the Club."

But you say that "the Bylaws say how the applicants will be elected and the results of an up or down vote." What do the bylaws say in this connection?

Are there any guidelines in the bylaws as to qualifications for membership?

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From the Bylaws after application is filled out, submitted to the Membership Secr and sent to the Board and the fees to the Treasurer.  "Applicants shall be elected by secret ballot at any meeting of the Board of Directors.  Affirmative votes of two-thirds (2/3) of the Directors present and voting at a meeting of the Board shall be required to elect an applicant.  An application which fails to receive the required number of affirmative votes may be presented by one of the applicant's endorsers at the next Annual Meeting of the Club.  The membership shall elect such applicant by secret ballot by a favorable vote of seventy-five (75%) percent of the members present and voting". 

From the Bylaws, qualifications for  "Regular Membership shall be open to all persons residing in the United States who are 18 years of age and older, who are in good standing with the AKC and who subscribe to the purposes of this Club and the Code of Ethics".

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54 minutes ago, Bookish said:

However, the Board has imposed some other hurdles for the applicants to go through including publishing their names in the Club bulletin and asking for feedback (positive or negative), and giving the members 30 days to do so.  My question - are these extra hurdles allowed or must they be in the Bylaws?

Perhaps this is not a hurdle at all. Perhaps the board is simply looking for input so as to be well-informed before they make the decision that you earlier indicated is theirs to make. If the board were to publish their names in the bulletin and add a requirement that X number of people must recommend the potential members before admission, or something like that, I could easily see that as adding a hurdle. 

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