South Carolina Falconry Association
By-Laws
Amended: August 30, 2016
The South Carolina Falconers Association (hereafter the Association) incorporates the following articles, as ratified by the Officers on the date above.
ARTICLE I. MEMBERSHIP AND DUES
Section 1. Membership Categories and Criteria
a. Regular Membership. Any interested citizen of South Carolina or North Carolina, of good moral character and possessing a valid falconry permit, may, after sponsorship by a current Regular Member, become a Regular Member of the Association.
b. Associate Membership. Any interested citizen of the United States of good moral character, may, after sponsorship by a current Regular Member, become an Associate Member of the Association.
c. Affiliated Membership. Any worthy organization having purposes consistent with or complementary to those of the Association may become, after majority approval of the respondent Regular Membership, an Affiliated Member of the Association.
d. Honorary Membership. Any person, firm, corporation or entity for just cause, who otherwise does not qualify for membership may become, after sponsorship by a current Regular Member, and after majority approval of the respondent Regular Membership, an Honorary Member.
Section 2. Admission to Membership
a. Admission to all categories of membership shall be at the discretion of the Officers, and contingent upon the affirmative vote by at least three-fourths of the Officers, provided that any application denied membership for reasons other than ineligibility may appeal the decision directly to the Regular Membership, via the Secretary, for popular vote as prescribed in Article IV.
b. Applicants for membership shall, prior to acceptance, submit a Membership Application on a form to be determined by the Officers, and shall tender current dues. The application form shall include the applicant’s mailing address and email address, which shall be used for purposes herein.
Section 3. Number and Duration of Memberships
a. Number. Membership shall be without restriction to number.
b. Duration. Upon the timely payment of annual dues, membership shall extend from calendar year to calendar year without interruption, unless otherwise terminated in accordance with these by-laws
Section 4. Privileges of Membership
a. Regular Members shall be entitled to all rights and privileges of the Association, including the rights to vote, or hold office.
b. Associate Members shall be entitled to all rights and privileges of the Association under these by-laws, except the rights to vote in regular elections, or hold office. Associate Members may serve in any capacity on any appointed committee.
c. Affiliated Members (as for natural person) shall be entitled to all rights and privileges of the Association under these by-laws, except the rights to vote in regular elections, or hold office.
d. Honorary Members shall be entitled to all rights and privileges of the Association under these by-laws, except the rights to vote in regular elections, or hold office.
Section 5. Dues
a. Annual dues for Regular, Associate, and Affiliated Membership shall be established in amounts recommended by the Officers and approved by a vote of at least two-thirds of the Regular Membership.
b. All Affiliated Member organizations with ten or more members, fifty percent of whom hold individual membership in the Association, shall be exempt from the payment of dues. Honorary Members are exempt from dues.
c. Dues shall be payable to the Treasurer of the Association, at the time of submission of application for Membership, or, in the case of renewals, between January 1st and March 15th annually. In the case of renewals, the Treasurer or Secretary shall invoice all applicable members on or before January 1 of each calendar year. Dues may also be collected at the annual Field Meet in February.
d. Dues shall not be apportionable for any part of the calendar year, either upon admission to or termination of Membership.
Section 6. Mailing Address
a. It shall be the responsibility of each member to maintain a current mailing address (including email address, if applicable) on file with the Association at all times. Such addresses shall be used for purposes within the Association, including but not limited to: mailing of Association publications and determination of residence for voting and election qualification.
Section 7. Termination or Suspension of Membership
a. Membership may be terminated by resignation, death, or for any of the following reasons:
b. Membership may be terminated for such cause and in such manner as, in the judgment of the Officers, subject to appeal to the Regular Membership via the Secretary, is in the best interests of the Association.
c. Regular and Associate Memberships will terminate automatically if not renewed by payment of prescribed annual dues on or before March 15th annually. Membership may be reinstated during the calendar year upon payment of prescribed dues and a late penalty equal to fifty percent of the prescribed annual dues.
d. Membership may be suspended or terminated by the Officers if, in the judgment of the Officers, such Member has violated the by-laws, rules or regulations of the Association, or if, in the judgment of the Officers, such Member’s status, activities or motives are prejudicial to the best interests of the Association. Such suspension or termination shall be imposed only if at least three-fourths of the Officers vote in the affirmative; provided that a statement of the grounds for such action shall be sent by certified mail, postage pre-paid, to such member at his or her address on file with the Association at least thirty (30) days before suspension or termination action is taken by the Officers; and provided further that such statement shall advise the member of the scheduled date of Officers action and that he or she may, prior to that date, submit to the Officers for its consideration any matter in explanation, defense, extenuation or mitigation. Actions by the Officers with respect to suspension or termination are subject to the appeal to the Regular Membership. The provisions of this subparagraph are not applicable to Officers of this Association. Officers first must be removed from office as hereinafter prescribed prior to any suspension or termination of Regular Membership status. While in suspended status, a Regular Member shall not be entitled to vote, or hold office.
ARTICLE II. OFFICERS
Officers shall consist of a president, vice president, secretary/treasurer, which may be held by two members, and an apprentice coordinator.
Section 1. Qualifications and Terms
a. Qualifications. Officers must meet Membership and residence qualifications as follows:
(1) Membership. Officers must be Regular Members of the Association, as defined in Article I, Section 1. Officers must have held Regular Membership within the Association for at least one calendar year immediately preceding their assumption of office. Acceptance of renewal dues by the Treasurer prior to nomination for office shall be prima facie evidence of uninterrupted Membership from the preceding calendar year.
(2) Residence. Officers must be residents of either South Carolina or North Carolina. Residence, for the purpose of Officer qualification, shall be the mailing address furnished by the individual and maintained in file by the Association for all purposes, as provided in Article I Section 6 of these by-laws.
b. Terms. The term of office shall be two years. The Officers shall insure that the terms of the President and Secretary shall begin on January 1st of the calendar year or immediately following elections at the annual Field Meet in February. No officer shall be allowed to serve more than four (4) consecutive two (2) year terms.
Section 2. Election of Officers
a. The Officers shall have general authority to plan for, schedule, and supervise any vote or election by the Regular Membership. Voting rules and procedures to be promulgated by the Officers shall, among other matters:
(1) Provide to all Regular Members, timely, written notice of both nominations and elections, and at least thirty (30) days both for nominations and to vote via certified mail or email, should any members be absent from the annual Field Meet where elections shall take place.
(2) Insure that at least one qualified candidate is nominated for each office to be filled, and that each nominee is willing to accept the office if elected.
(3) Insure that a brief autobiographical sketch of each candidate is circulated with ballots for election at the annual Field Meet where elections shall take place, and/or prior to the election via certified mail or email.
(4) Insure that the elections are conducted in a fair and equitable manner.
b. Voting for Officers shall be by written or digitally emailed ballot, and voting by proxy shall be prohibited. A majority of all votes cast for a particular office shall be required for election to that position. If no candidate receives a majority, a special election between the two candidates receiving the most votes shall be conducted as expeditiously as possible. If two or more candidates are tied for the most votes, or if one candidate receives the larger number and two or more be tied for the second largest number, then all who are tied shall participate in the special election.
Section 3. Responsibility and Authority of the Officers
a. Authority. The Officers shall hold in trust for the Membership of the Association, full control and supervision of the affairs of the Association; shall have full authority, where consistent with the Constitution and by-laws, to make rules and regulations for the administration of the Association, and shall be responsible to the Membership for the effective and efficient operation of the Association. Within the discretion of the Officers, it may delegate to any Officer such authority as it deems appropriate for fulfillment of its responsibilities to the Membership.
b. Contracts. In addition to the general powers conferred, the Officers shall control and manage all funds and property of the Association, including specifically the appropriation and disbursement of its funds. It shall control and authorize the making of all contracts and purchases of the Association. However, unless specifically authorized by the Regular Membership, it shall have no power or authority to contract for or otherwise obligate the Association for any debts or obligations greater than the amount of money which shall, at the time of contracting such debt or obligation, be in the treasury, and unappropriated, and in excess of the amount needed for the discharge of debts and liabilities contracted prior thereto. By authority of the Officers, contracts in the name of the Association shall be signed by the President and Treasurer.
c. Fiscal Planning and Audits. On or before July 1 annually, the Officers shall cause to be prepared and shall furnish to the Regular Membership a financial program for the current calendar year, showing anticipated receipts and expenditures of Association funds, and a professional audit of the books of the Association for the calendar year just expired.
Section 4. Officers Meetings
a. The Officers shall meet, either in person or by the use of mail or email, upon call of the President at any time, but not less than twice each calendar year. The President shall preside over all meetings, except as otherwise prescribed in these by-laws.
b. A quorum as such will not be required, but, unless otherwise provided for herein, the affirmative vote of not less than three Officers shall be required for action on any matter. Voting by proxy at Officers meetings shall be prohibited. In the event of a tie vote the President shall have the authority to break the tie or move the vote to the Regular Membership.
c. Written notice shall be mailed or emailed to each Officer not less than thirty (30) days prior to any Officer who shall waive notice in writing, or who shall be present in person and not object to the holding of such a meeting, or shall signify his consent to such a meeting by approving the minutes thereof.
Section 5. Termination and Removal of Officers
a. With the approval of the Officers, an Officer may resign. The following additional acts or omissions shall be equivalent to resignation, and approval of the Officers shall not be required:
(1) Termination of Membership
(2) Change in Membership class to any other class other than Regular Member.
(3) Change of address that makes the Officer a nonresident of either South Carolina or North Carolina.
b. An Officer may be removed from office upon written petition signed by not less than fifty one percent (51%) of the Regular Membership and approved by affirmative vote of the majority of the Regular Membership for vote. Notice of such petition and a ballot shall be mailed to each Regular Member concerned not less than thirty(30) days prior to the last day on which votes shall be accepted.
c. In the event an officer vacancy occurs in any manner other than the expiration of terms of office, then the remaining Officers, by majority vote, shall fill the vacancy temporarily, by appointment from among the general Membership, provided that such temporary appointment shall continue only until the next election cycle.
ARTICLE III. DUTIES OF OFFICERS
a. President. The President shall:
(1) Call and preside at all meetings of the Association, except as otherwise noted herein.
(2) He or she shall be responsible for the planning and presentation of all matters requiring Officer action or action by the Regular Membership, and the expeditious processing of such matters to a conclusion.
(3) Serve as chief spokesperson of the Association at all functions, before government committees or other such occasions.
(4) Serve as the chief liaison with local, state and national government agencies as well as state, national and international falconry organizations or other such organizations as necessary.
(5) Shall conduct Association business in accord with policies set by the Association and shall perform such further acts and duties as may be prescribed by the General Membership.
(6) Appoints standing committees, committee chairs and committee members with the concurrence or consensus of the other officers.
(7) May delegate any of the above to any other officer.
b. Vice President. The Vice President shall:
(1) Serve as President pro-tem in the absence of the President, assuming all the duties of that office.
(2) Assist in the coordination of all meetings.
(3) Serve as parliamentarian and general counsel.
(4) Prepare the annual budget in coordination with the Treasurer.
(5) Shall conduct Association business in accord with policies set by the Association and shall perform such further acts and duties as may be prescribed.
c. Secretary. The Secretary shall:
(1) Give or cause to be given notice of all meetings of the Regular Membership.
(2) Keep minutes and/or other records of all meetings of the Regular Membership and or Officers, including meetings by mail or in person.
(3) Keep records of all actions taken by the Officers.
(4) As directed by the Officers, conduct correspondence on behalf of the Association, and maintain records of such correspondence; and, maintain records of such other official correspondence of the Association as may be furnished by the Officers and the Officers of the Association.
(5) Maintain a complete file of all Association publications.
(6) Maintain all Association files and records, other than financial, which are necessary for the conduct of Association affairs.
(7) Perform such other duties as may be prescribed.
d. Treasurer. The Treasurer shall:
(1) Serve as the custodian of all Association funds and property, and keep a strict accounting of all receipts and expenditures.
(2) Collect and receive all monies due the Association from whatever source.
(3) Pay only such expenditures as have been authorized by the Officers or Regular Membership and are within the unappropriated budget balances.
(4) Deposit all Association funds and securities in suitable checking and/or savings accounts protected by the Federal Deposit Insurance Corporation (FDIC), Federal Savings and Loan Insurance Corporation (FSLIC), or similar organization; insure that signature cards on file with the bank(s) bear the signatures of the Treasurer and the President.
(5) Maintain proper accounting records of the Association, and upon 10 days notice from the Officers, submit to the Officers a current statement of fund balances.
e. Apprentice Coordinator. The Apprentice Coordinator shall:
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Engage in correspondence with potential apprentices seeking falconry sponsorship.
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Disseminate information regarding falconry in South Carolina and how to become licensed.
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Distribute relevant club materials from the website, including dates of upcoming events, field meets and picnics.
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Aid aspiring apprentices in networking to become acquainted with potential sponsors near them.
ARTICLE IV. VOTING
Section 1. Definitions
Voting/Vote: Shall mean the purposeful act of a Regular member, in good standing, to render their decision on a proposal or a choice between candidates for office or candidate for membership.
Voting by mail: Shall mean ballots will be returned by use of the regular United States Postal Service mail.
Voting by email: Shall mean ballots will be returned by use of the Regular members’ email address for verification.
Voting by proxy: Shall mean the delegation by a Regular member to another Regular member, their right of vote.
Voting by written ballot: Shall mean the casting of a vote or votes upon a written form approved by the Officers and submitted by either mail, or email.
Voting by show of hands: Shall mean any vote cast by the raising of a hand to be counted.
Voice vote: Shall mean any vote cast by use of the voice, such as Yes and No.
Voting during regular session: Shall mean votes cast during a regular business session of the Association.
Majority voting/vote: Shall mean any vote that holds the greatest percentage of votes by the Regular membership.
Candidate: Shall mean any person seeking office or any person seeking membership.
Issue or Proposal: Shall mean those issues or proposals intended to benefit, clarify, or otherwise conduct the business of the Association.
Section 2. Methods of Voting
a. General: The method of voting shall be by written ballot and, as much as possible, shall conceal the identity of the Regular member, in good standing. Voice Vote and Voting by show of hands are not allowed as official votes. Only Regular Members, as defined in Article I Section 1 and elsewhere, are entitled to vote. Ballots collected in any vote, by mail or otherwise, shall be held by the Secretary for a period of not less than one year and will be made available to any Regular Member for inspection, upon reasonable request. Vote by proxy is prohibited.
b. Ballot: A ballot for the casting of votes by the Regular Membership, in good standing, shall be upon a form approved by the officers. Each ballot shall contain the issues or candidates to be voted upon.
c. Notice for a vote by mail: Notice of the issues involved in a vote by mail, including a ballot on which to record the vote, shall be mailed to each Regular Member at his or her mailing address on file with the Association, not less than twenty-one (21) days prior to the effective date for counting the ballots. Vote by proxy is prohibited.
d. Notice for a vote by Email: Notice of the issues involved in a vote by Email, including a ballot on which to record the vote, shall be emailed to each Regular Member at his or her email address on file with the Association, not less than twenty-one (21) days prior to the effective date for counting the ballots. Vote by proxy is prohibited.
e. Vote by ballot at meetings. Notice of the issues involved, and or candidates, including a ballot on which to record the vote, shall be hand delivered, by an officer to each Regular Member, in good standing at the earliest possible opportune time during meetings. The ballots will be returned at a time announced and shall be counted by officers or members appointed by the President. If possible, results of the vote by ballot at meetings shall be announced by the President at the same meeting. Vote by proxy is prohibited.
Section 3. Results of Voting and Reintroduction
a. Counting of ballots shall be by the Secretary and or any officer or other member appointed for this purpose by the President.
b. Results of voting shall be made known to the Membership as soon as practical to do so in the following manner:
(1) Announcement, by voice, at a regular meeting
(2) Announcement in the next issue of the Newsletter
(3) In any other manner deemed appropriate by the President to inform the Membership of the results.
c. Results maintained. Ballots collected in any vote, by mail or otherwise, shall be held by the Secretary for a period of not less than one year and will be made available to any Regular Member for inspection, upon reasonable request.
d. Authority of the vote. Authority of any vote cast by ballot is the final authority of the Regular Membership and there is no appeal.
e. Re-introduction of proposals, issues or candidates for membership. A proposal, issue or candidate for membership, originally denied by the Regular Membership, by ballot, or by the Officers, may be re-introduced for consideration after a period of one year.
ARTICLE V. REGULAR MEMBERSHIP MEETINGS
Section 1. Regular Meetings
a. Frequency. The Regular Membership shall meet physically at least once a year upon call of the President. Such meeting shall be termed a “Regular Meeting.”
b. Quorum. At a Regular Meeting, a quorum shall consist of not less than 20% of the Regular Membership in good standing, represented in person, or by written ballot sent by mail for voting on specific subjects previously made known to the Regular Membership. Not less than 10% of the Regular Membership must be present in person. A majority vote of the quorum shall control.
c. Committee of the Whole. In the absence of a quorum, those present in person at the Regular Meeting shall function as a “Committee of the Whole” to draft resolutions and proposals for a written vote. A majority vote of the Committee shall control.
d. Notice. Written notice of Regular Meetings of the Regular Membership, to include time, place, and general nature of business to be transacted, shall be given each Regular Member not less than thirty (30) days prior to such meeting; provided that such notice shall not be necessary to any Regular Member who shall waive notice in writing or who shall be present in person or by proxy or by written ballot and not object to the holding of such meeting.
ARTICLE VI. ASSOCIATION PUBLICATIONS
Section 1. Editors of Association Publications
a. Editors of Association publications shall be appointed by the President or the Officers from among the Regular Membership. If no editors are appointed by the President or the Officers, the Secretary shall serve as Editor Pro-Tem.
b. Such Editors shall compile, publish and distribute Association publications in conformity with operational, editorial and financial policies determined by the Officers.
c. The President or the Officers may also choose to select, from among the General Membership, a web master to develop, maintain and publicize electronic data.
Section 2. The Newsletter
a. The internal information publication of the Association shall be in the form of a newsletter and will be emailed digitally or mailed to the Membership should substantial interest in forming such a publication be voiced to the Officers.
b. The newsletter shall be published as frequently as material is made available, and fund limitations prescribed by the Officers allow. It shall be distributed without further charge to all classes of Membership of the Association, and otherwise at the discretion of the Officers.
Section 3. Others
The Officers may, at their discretion, authorize the publication of informational, promotional, or publicity materials for distribution within or outside the Membership, when such action is clearly in the interest of the Association. This includes but is not limited to a presence on the Internet (including the Association’s official website and Facebook page).
Section 4. Copyright
Official Association publications shall be protected by copyright in accordance with applicable law and regulation. The Editor of each publication to be copyrighted shall be responsible for compliance with copyright requirements.
ARTICLE VII. AMENDMENTS TO THE CONSTITUTION AND BY-LAWS
The Constitution and/or these by-laws may be amended only at an Officers meeting, provided that notice of such meeting, the proposed amendment, and the contents thereof are given to each Officer of the Association less than twenty-one (21) days prior to the meeting taking place.
Editing of these by-laws to correct grammatical errors or to further clarify a section or article is deemed administrative and shall not require an Officers vote. The Officers of the Association shall determine if the change or modification is substantive. Administrative changes may be made by the Secretary at any time or after conferring with the remaining Officers. The Secretary shall record all changes and all authorizations whether the change or modification is administrative or substantive.
ARTICLE VIII. DISSOLUTION
Section 1.
In the same manner as prescribed for amending the Constitution and by-laws, the Regular Membership may by affirmative vote terminate the existence of the Association immediately or at a future time.
Section 2.
In such event, or in the event of termination of the Association by operation of law or in any manner, the Officers shall forthwith proceed to settle the affairs of the Association. All property and assets of the Association, including accounts receivable, if any, shall be reduced to cash or other suitable disposition made, and all outstanding Association debts, obligations, or liabilities shall be satisfied insofar as assets of the Association permit.
Section 3.
When the above requirements have been satisfied, the Officers shall dispose of the balance of the cash, if any, and any other organizations operated and organized principally or exclusively for charitable, ecological, educational, scientific, or wildlife conservation purposes as shall, at the time, qualify as an exempt organization under Section 501 (c)(3) of the Internal Revenue Code of 1954, or the corresponding provision of any subsequent United States Internal Revenue Law which may be then in effect, as it may determine appropriate.
Section 4.
A full and general accounting of the dissolution shall be given
by the Officers to the Regular Membership.