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Bylaws (Last Revision: 01/28/2005) Table of Contents View the Proposed Bylaw Revisions - April 2009
ARTICLE I 1. INTRODUCTION 1.1. Name of the Club This Club shall be known as the Philmont Rod and Gun Club, Incorporated, located in Philmont, New York. The Club shall have Seal, carrying its indenture, as provided for in the Charter of Incorporation. 1.2. Object of the Club The Club is a non profit organization and is dedicated and committed to the following goals: To provide land and facilities for its members for shooting, hunting, fishing, trapping and other out door sports; to support laws promoting shooting, hunting, fishing and trapping; to support the conservation of natural resources and protection of wildlife; to protect the Second Amendment to the United States Constitution, the right to keep and bear arms; to promote sportsmanship and hunter safety; and, to educate our youth and others by example, organized training and events sponsored by the Club. The Philmont Rod and Gun Club, Inc., does not discriminate against any person because of race, color, creed or national origin. 1.3. Courtesy Cards Courtesy cards may be issued to those landowners who allow the Club to post or use their land. This courtesy card will state either the land of the landowner or the lands of the Philmont Rod & Gun Club and will entitle the holder to use the lands as specified on the card. ARTICLE II 2. OFFICERS AND ELECTIONS 2.1. Officers The Officers shall be chosen from the regular membership of the Club and shall consist of a President, one Vice President, a Treasurer, a Secretary, and Directors consisting of nine (9) members for a total of thirteen (13). These Officers shall comprise the Board of Directors. The Officers shall continue in office until their successors are installed at the beginning of the calendar year. 2.2. Election of Officers Every two (2) years the President, Vice President, Secretary and Treasurer will be elected to two (2) year terms with their terms expiring in the odd number year. The nine (9) Directors will also serve two (2) year terms with their terms expiring in the even number year. 2.2.1 Nominating Committee The Nominating Committee will consist of a minimum of 2 regular or life members. One (1) member will be designated the Chair person. 1. The Nominating Committee Chair Person will be appointed at the January meeting. 2. The committee will review the records of incumbents and other qualified Club members when developing a slate. All candidates interested in running for office must contact the Nominating Committee by August 15th. 3. The Nominating Committee will inform each candidate of their responsibilities while a member of the Board of Directors. This will also include their introduction on election night. 4. In July of each year the Nominating Committee will review the records of all incumbents to check the performance of all the Directors or Officers not up for election to see if these members of the Board have met the performance criteria as set forth by the Board. If the criteria has not been met the Nominating Committee will report to the Board their finding. 2.2.2 Nominating Procedures The nomination of Officers and Directors will be made at the September meeting. Nominations will be made by the Nominating Committee and from the floor. 1. A slate of Officers and Directors will be submitted by the committee. Nomination of the slate will be by a motion to accept the slate, and a second. 2. The officer presiding at the meeting will ask for additional nominations from the floor for the following positions separately: President, Vice President, Treasurer, Secretary and Director. 3. Each nomination from the floor for a position will be accepted on a motion and a second. 4. A member may be nominated for 1 position only. 5. Prior to the conclusion of the nomination process, the Secretary will review the nominees for each of the elected offices and the presiding Officer will seek additional nominees prior to closing of nominations. Nominations will be closed by a motion to close, a second and carried by a simple majority. 2.2.3 The Election The election will be held during the October annual meeting. The meeting is turned over to the Nominating Committee Chair Person who will conduct the election. The secretary will prepare paper ballots with the names of nominees printed on the ballot prior to the meeting. The ballot will contain room for write in votes and will clearly state how many selections may be made on the ballot. there will be a single ballot for all positions. 1. The candidates receiving the highest number of votes at their position will be elected to that position. 2. Tie votes will require a separate ballot between the tied candidates. 3. Any ballot with more candidates checked than available for the position are voided. 4. Ballots will be counted by the Nominating Committee. If a committee member is also a candidate, he or she may not participate in counting of the ballots for that office. Any member present other than the candidates, may observe the count. 2.2.4 Election of Board Chairperson After January 1st, and prior to the first meeting in January, the President will call a meeting of the Board of Directors. The meetings purpose will be to elect the Chairperson for the Board The Chairperson shall be chosen from the 9 elected director positions for a one year term. ARTICLE III 3. DUTIES OF OFFICERS 3.1. President It shall be the duty of the President to preside at all meetings of the Club and to provide guidance and leadership to the membership. The President shall be the representative of the Club for legal matters and shall have wide discretionary powers in the administration and conduct of the affairs of the Club. However, he shall cooperate fully with recommendations, if any, of the Board of Directors. 3.2. Vice President In the absence of the President or in the inability of the President to perform his duties, the Vice President shall preside at meetings and shall perform all of the duties of the president. 3.3. Treasurer It shall be the duty of the Treasurer to receive all money and to pay all bills of the Club. The Treasurer shall maintain the financial records of the Club and shall report same at regular monthly meetings. The Treasurer shall maintain all bank, checking accounts and any other investments and perform any other duty pertaining to his office. 3.4. Secretary It shall be the duty of the Secretary to keep the roll call and all minutes and transactions of regular and special meetings, to receive all monies due the Club and to pay same to the Treasurer. He shall send all notices, publish newsletters and perform any other duties pertaining to his office. 3.5 Chairman and Board of Directors In the absence of the President and Vice president, the Chairman of the Board of Directors shall preside at the meetings and shall perform all the duties of the president The Chairman shall preside at all meetings of the Board of Directors. It shall be the duty of the Board of Directors to take responsibility for the general supervision of the business of the Club. The Board shall have the power to terminate or suspend a member of the club when they deem it just and proper for the good of the club and the safety of the members. The board of Directors has the power to fill any vacancy on a temporary basis, until the next regularly scheduled election. At that time that position will be put up for election to fill the unexpired term. The Board of Directors has the power to discharge an incumbent Officer or Director based on the Nominating Committees performance review. The Board is responsible to see that all of the rules of the Field Committee and House Committee are complied with for the safety of the members and shall act with both the House and Field Committees to insure the enforcement of all rules and laws. The Board of Directors shall serve as the Finance Committee. ARTICLE IV 4. MEMBERSHIP 4.1. Membership Requirements Any person, 12 years of age or older with a residence (voting address) in Columbia County or with a parent or legal guardian whose residence is in Columbia County is eligible to join the Philmont Rod and Gun Club, Inc. A land owner who is not a resident of Columbia County who designates his lands open for Club Members use may join the Club at the discretion of the regular members. Members, who are not residents of Columbia County (voting address), except those who originally joined the club as Columbia County residents, shall not exceed 20% of total membership. Members who are not residents of Columbia County (voting address) cannot comprise a majority on the board of directors during the annual election or during any meeting when a vote on club business occurs. 4.2. Types of Membership There shall be three types of membership: Regular, Social and Life. 4.2.1. Regular Members A regular member is a person who has been accepted as such by the voting membership and who has paid any required dues and fees. A regular member is entitled to all of the rights and privileges of the Club including, but not limited to: attending meetings; participating in club events; holding office, voting on issues, by-laws, elections, and membership; use of club facilities; and, hunting, fishing, trapping and otherwise using club lands and lands posted by the club. Regular members include Junior Regular Members. The spouse of any regular member, or child or grand child of a regular member, may use the club lands, lands posted by the club, and facilities of the club just as if a regular member when accompanied by a regular member, except for hunting. 4.2.1.1. Life Members Any regular member of the Club in good standing may at his own request, or by vote of the membership at any regular or special meeting, be placed on the active exempt roll for life upon meeting the following criteria: 1. Having acccrued a combination of age points, plus years of service points, that equal 84 or more; and 2. A minimum of 15 years of continuous service. These regular life members shall be exempt from all dues, fines and assessments, and shall enjoy all the privileges of the Club for the rest of their life. 4.2.1.2 Junior Regular Members There shall be a junior membership open to all persons at least twelve 12 years of age, but not having reached his eighteenth (18th) birthday. Junior members are regular members but may not hold office or vote. Persons may join the Club as junior members by submitting the usual membership application accompanied by dues outlined in section 4.6. There shall be no initiation fee accompanying the application. The membership application will thereafter be acted upon in the same manner as for a regular member. 4.2.2 Social Members A social member is a person 18 years of age or older who has been accepted as such by the voting membership and who has paid any required dues and fees. A social member is entitled to use club facilities, attend meetings, and participate in club events. He may not hold office, buy bonds, vote, or hunt, fish, trap or otherwise use Club lands. Social members are automatically eligible for regular membership based upon their date of acceptance. The Secretary shall notify a social member, in writing, when he becomes eligible for regular membership. The regular membership may vote on a social member's written request for full regular membership upon receipt of the full regular member dues (less any paid social membership dues) and initiation fee. When accepted as a regular member, the date of entry into the Club shall remain the original date of acceptance as a social member. 4.3 Membership Ceilings The number of regular members shall be limited to two hundred (250) excluding active exempt (life) members. The regular member ceiling may be exceeded as described in Section 4.8. 4.4. Application for Membership All applications for membership shall be submitted on a form approved by the Board of Directors. The application shall: indicate the type of membership(s) applied for; indicate the date it was completed; indicate the name & date of birth, address and telephone number of the applicant; and, be signed by the applicant. The applicant must meet with the membership committee prior to acceptance into the club. The membership committee will make a recommendation on the applicant at a regular meeting [to] who will be accepted or rejected by majority vote at a regular meeting. Said application shall lay before the regular members for 30 days minimum and shall be voted upon at the next regular meeting if the ceiling for the type of membership applied for permits. Prior to voting, the initiation fee and any required dues must be paid. 4.5. Obligation of New Members Each new member must attend at least three (3) meetings and three (3) assigned work details during the first year of membership or face suspension or termination. Upon request of the new member, this requirement may be waived or modified by the Board of Directors if sickness, employment or other reasonable factors prohibited fulfillment of the requirement of the member. 4.5.1 Obligation of Existing Members Each member is required to work a minimum of five (5) hours per year or pay a $40 fee. All hours are required to be worked or the $40 fee will be imposed. Work details will be posted in lower clubhouse and completed work and hours must be verified and signed by the chairman of the event, by a member of the Board of Directors or by an officer of the club. Failure to fulfill this obligation will result in suspension or termination. Upon request of the member this requirement may be waived or modified by the Board of Directors if sickness or other reasonable factors prohibited fulfillment of the requirement of the member. 4.6. Membership Dues The dues of regular members shall be determined by the Finance Committee. The dues should be calculated by dividing the Club's proposed operating expenses by the number of dues paying members. Operating expenses shall be those expenses directly attributed to the maintenance and ownership of Club lands and property, including but not limited to, county and school taxes, income taxes, insurance premiums and utility bills as determined by the Finance Committee. Dues for members aged twelve (12) to fourteen (14) years of age shall be $20. Dues for members aged fifteen (15) to seventeen (17) years of age shall be $35. Out of county members, except those members who joined prior to January 1, 2001, shall have their dues increased by $50.00. Upon annual written request, the dues of a regular member who is a full time college student or who is an active member of the armed forces during his first enlistment shall be waived. The dues of a social member shall be fifteen dollars ($15.00) less than a regular member's dues. The payment of dues entitles a member to the rights and privileges the Club has to offer consistent with the type of membership other than the purchase or disposal of real property exceeding one thousand dollars ($1,000.00) in value. 4.7. Initiation Fees The initiation fee for a regular member shall be determined upon yearly review by the Finance Committee. There is no initiation fee for regular junior members and social members. When a social member becomes eligible for regular membership, the dues already paid during the year accepted as a regular member will be used towards the initiation fee. 4.8. Child of a Regular Member Any member who has a child eligible to join the Philmont Rod and Gun Club, Inc., and who is in good standing with the Club, will be allowed to join the Club upon approval of the regular membership even if the ceiling described in Section 4.3 will be exceeded. 4.9. Purchase/Disposal of Real Property All regular members shall be entitled to purchase bonds in the Club. Only bond holders shall have the privilege of voting on the purchase or disposal of any real property exceeding One Thousand dollars ($1,000.00) in value. A vote of three quarters (3/4) of the bond holders in favor is required. 4.10. Disposition of Bonds Any bond holder whose membership is terminated in this Club for any reason shall dispose of his bonds within ninety (90) days of such termination by presenting same to the Board of Directors, who will instruct the Treasurer to redeem same at the price the member paid for it. Any regular member buying bonds shall understand at the time of purchase that they are not transferable, and saleable to the Club only. If all bonds in the terminated member's name are not redeemed within ninety (90) days, the bonds shall revert to the treasury of the Club. 4.11. Member Access to Private Land via Club Property No member of the Philmont Rod and Gun Club will be allowed to cross over land or lands of the Philmont Rod and Gun Club to gain access to his or her own private property. 4.12. Suspension/Revocation of Membership Where the Board of Directors determines that a Club member has discredited the Club's reputation, the member may have his/her membership suspended or revoked: 1. Upon conviction for a misdemeanor or felony; 2. For a violation of the Club by-laws or other procedure or rule voted upon at a regular or special meeting; or, 3. For causing damage to, depriving the lawful owner the use of or inflicting injury upon any Club member, non-member, Club property, private property or public property regardless of whether such act was intentional or unintentional or whether legal proceedings were instituted as a result of such action. By simple majority of the Board of Directors, the Board shall recommend suspension or revocation of membership based upon Section 4.12 (1), (2) or (3). Before a member can have his/her membership suspended or revoked, such member shall be informed, in writing, of the Club charges against him/her. If the member does not voluntarily agree to a suspension of privileges for a specified period, or voluntarily resign upon being served with charges, such member shall be entitled to a hearing before the Board of Directors providing that a quorum (7 or more) is present. The member shall have the right to face his/her accuser and answer the charges. After consideration of the facts and by simple majority of the members present, the Board of Directors can then suspend or revoke membership, take other action against the member as determined appropriate by the Board, or set aside the charges. ARTICLE V 5. COMMITTEES 5.1. Field Committee The President shall appoint a Chairman(s) of the Field Committee. The Chairman(s) will choose members for the Field Committee and sub committees thereof. The Committee shall be responsible for providing lands for the membership for the purpose of shooting, hunting, fishing, trapping and other out door activities. The Field Committee shall be responsible to organize and sponsor competitive and sporting events. 5.2. House Committee The President shall appoint a Chairman(s) of the House Committee. The Chairman(s) will choose members for the House Committee and sub committees thereof. The Committee shall be responsible for the facilities of the Club. The House Committee is responsible for promoting sportsmanship and hunter safety. It is also responsible to organize and sponsor fund raising activities for the Club. 5.3. Field and House Rules The Field Committee and the House Committee shall draft rules to govern the members on the field and in the Clubhouse that shall be acceptable and approved by a two thirds (2/3) vote of the regular members present at a regular or special meeting of the Club. 5.4 Committee Funding Money spent in excess of $50 by a Committee must be approved in advance by the Board of Directors or by a vote at a meeting of the membership. 5.5. When Committees are Appointed The President shall appoint these committees at the beginning of the calendar year and said committees shall organize within ten (10) days and as soon as possible thereafter. 5.6. Finance Committee There shall be a Finance Committee made up of all elected Officers of the Club. This Committee shall submit an annual budget and shall have the power to veto any spending proposals passed by the membership if two thirds (2/3) of the Finance Committee agrees on the veto. ARTICLE VI 6. INCOME 6.1. Source of Income The revenues of this Club shall be derived from initiation fees and the annual dues, and other sources which shall be used for operating expenses, equipment, maintenance and other expenses and purchases approved by the membership. The income shall not be gained for the purpose of making a profit or paying dividends to its members. 6.2. Revenue from Bonds Revenues from bonds at ten (10) for two bonds shall be held in a separate interest bearing account and be applied to the purchase of real property and improvements only. Said bonds are to be paid for at the time of issuance. ARTICLE VII 7. FORFEITURE OF MEMBERSHIP FOR NON PAYMENT OF DUES 7.1. Annual Dues Annual dues are due on the first day of the new year but shall be paid by no later than the last day of February of that year. Failure to pay by the last day due shall result in immediate and automatic removal of the delinquent member from the active membership rolls unless reasonable factors prohibited payment of dues as scheduled and then only when approved by the Board of Directors. The removed member shall be eligible to rejoin the Club, but only after complying with all of the requirements which are placed on a new applicant for membership. 7.2. Raffle Tickets Raffle ticket money must be turned in prior to the date of the raffle or the member receiving same will be assessed the amount of the tickets on the next year's dues. Failure to pay the assessment will result in removal from the Club. Each member, except life members and junior members, must sell a minimum of $20.00 worth of raffle tickets for the year to satisfy the yearly requirement. ARTICLE VIII 8. MEETINGS 8.1. Regular Meetings The Club shall hold a regular monthly meeting on the fourth Monday of each month except December. Twelve (12) regular members in attendance shall constitute a quorum. Motions made and seconded for those votes not covered elsewhere in these By-Laws shall be carried by a simple majority of the regular members present. Starting times for the meetings shall be 7:00 P.M. 8.2. Board of Directors Meetings The Board of Directors shall hold a meeting at least four (4) times a year. A quorum shall consist of at least seven (7) members of the Board. Motions are carried by a simple majority. 8.3. Special Meetings The President shall have the power to call a special meeting as he deems proper and necessary for the good of the Club, or upon receipt of a written petition from ten (10) regular members. Motions made and seconded for those votes not covered elsewhere in these By-Laws shall be carried by a simple majority of the regular members present. ARTICLE IX 9. AMENDMENTS TO THE BY-LAWS 9.1. Revision of the By-Laws These By-Laws may be amended or revised at any regular or special meeting called for that purpose when approved by a two thirds (2/3) vote of the regular members present. Prior presentation to the membership, the proposed amendments or revisions shall be submitted to the Secretary thirty days (30) prior to the date when they are to be voted upon. 9.2. Filing A copy of these By-Laws shall be filed with the Secretary of State of New York State. A copy shall be posted in the lower Clubhouse and a copy shall be available to each member upon request. ARTICLE X 10. DISSOLUTION OF THE CLUB 10.1. Distribution of Assets Upon dissolution of the Philmont Rod and Gun Club, Inc., all assets remaining after the payment of all just debts and taxes, shall be distributed to the then active regular members as determined by the Secretary. The amount of a regular member's individual distribution will be determined by: 1. Dividing the total remaining assets by the total service units for all regular members. This will be the value of one service unit. 2. The value of one service unit will be multiplied by the total allowable service units accumulated by each individual member. This amount shall represent the amount to be distributed to each member. 10.2. Computing Service Units Service units shall be accumulated as follows: 1. One service unit for each continuous year of service as a regular member; and, 2. One half (1/2) service unit for each bond purchased and maintained by an regular member, except that no member shall be allowed to accumulate for the purpose of dissolution, more service units attributable to the ownership of bonds, than service units attributable to continuous years of membership. |
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