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1.01 Membership Classes. Each member of the Center shall be designated as a “Class A” member
1.02 No Discrimination in Membership Except for Conduct. No one shall be denied membership, the right to hold any office or position, or any benefit otherwise afforded to Center members on the basis of sex, race, color, national origin, or religion.
1.03 Membership Rejection. The Center may reject the membership application of, and refuse to accept any person as a member by a majority vote of the Delegates of the Center. The Delegates may consider, as a basis for its action, any or all of the following: a record of criminal conviction(s) which is such that to allow membership would tend to bring the Center into disrepute; a conviction for a crime of moral turpitude; a pattern of conduct in the past while previously a member of the Center by the applicant which in the opinion of the Delegates caused harm to the Center, its members, or an affiliated organization(s); the expulsion or suspension of the applicant from membership in another organization in the pigeon sport; or, a pattern of conduct in the past while the applicant was a member of another membership organization which conduct, if repeated as a member of the Center, would in reasonable probability bring harm to the Center.
1.04 Members Bound by Center Rules. All Center members agree to be bound to all rules, policies, or procedures of the Center and the AU as a condition to membership and to abide by any decision or determination of the Center. It shall be presumed that the AU’s policies and rules control over any and all inconsistent policies or rules adopted by the Center.
1.05 Termination of Membership. The Center may terminate the membership of any member by action taken in accordance with the Center By-Laws. A member(s) accused of dishonorable conduct as outlined by the AU Rules of Conduct (see Sec14.), shall be, at their clubs discretion, directed to appear before the Center officers, and club delegates, who will investigate to decide whether an infraction has occurred. The member(s) must be notified in writing at least seven (7) days before the date of any hearing and shall specify the reason or charges. As a result of the investigation, the Center Officers and Club Delegates shall present their findings to the AU Executive Director. The hearing must follow procedures outlined in the AU’s Constitution and Bylaws under Section 15 - Disciplinary Rules, and must assure the charged individual(s) is afforded “due process.” An expelled or suspended member(s) shall forfeit all privileges and claims against the organization. The Center shall comply with the AU Rules of Conduct (Section 14.), and Disciplinary Rules (Section 15.) of the American Racing Pigeon Union, Inc. The Center shall have the authority to handle disputes within the Center as the Union Constitution and Bylaws so provide.
1.06 Resolution of Disputes. At the request of the AU, the Center shall have the right to consider and dispose of all complaints from clubs and members affiliated with the Center and to act for the AU in supervising those business matters and issues that would otherwise be referred to the AU for disposition.
1.07 Changes to Center Boundaries. The AU Board of Directors must approve any changes or modifications to Center boundaries. Changes to the Center boundaries must be submitted in writing by the Center President to the AU Executive Director who shall submit the application for consideration to the AU Board of Directors.
2.01 Class A Members. “Class “A” members” are those who belong to clubs affiliated with the Center through a Member Club or are individual members in accordance with AU guidelines.
2.02 Family Membership. Family memberships will be recorded as FA members and
are limited to immediate family members living at the same physical address and may include the one adult, a spouse and any number of dependant children under the age of 18. The classification does not apply to grandparents, brothers or sisters of the senior members even if living at the same address, unless legal guardians. The membership will be registered in the name of a principal senior member and affiliation indicated as: FA for a family in a Class A club. Family memberships have but one vote.
2.03 Class CA Members. “Class “CA” members” are those who have not reached
their 18th birthday by the deadline for receipt of Center dues.
2.05 Club Membership. Any club chartered with the AU and residing within the Center boundaries may apply for membership. New clubs may apply for an AU charter as described in the AU 100 Policy regarding clubs. Upon receiving their club charter from the AU, they may apply for admission to the Center.
2.06 Dues. The Center shall establish and maintain a written dues payment policy and schedule of dues for each class of members, and the establishment, collection and payment of membership dues shall be governed by that policy. The Center may collect AU membership dues from its members on behalf of the AU (as provided for in AU200). The Center may retain part of these dues for its operating expenses.
This retainer fee is set by the AU Board of Directors and currently as follows:
Class A membership $2.00
Class FA membership $3.00
Class C membership $1.00
Additionally, the Center may provide AU products and services to its members. The Center will not charge any additional fees for these products and services, but may recover reasonable costs and expenses for delivery of same.
3.01 President. The Center shall have a President, who shall be the chief executive officer of the Center. The President shall vote on any motion before the Board of directors only if a tie vote requires him to do so. The President shall be elected and take office at the expiration of each term of office. The term of office shall be as provided in these By-Laws for officers of the Center.
3.02 Vice-President. The Center shall have a Vice-President, who shall carry out those responsibilities and duties assigned by the Board of directors. The vice-President shall be elected and take office at the expiration of each term of office. The term of office shall be as provided in these By-Laws for officers of the Center.
3.03
Secretary-Treasurer. The President shall appoint, with the advice
and consent of the Board of Directors, a Secretary-Treasurer who shall serve
until a successor is appointed and assumes the position. The appointee shall
have demonstrated a knowledge of the business affairs of the Center. The Center
Secretary-Treasure shall carry out those responsibilities and duties assigned by
the board of Directors. In addition, he or she shall maintain accurate and
complete minutes of all meetings of the Board of Directors and make them
available for publication in accordance with the policies of the Center, shall
collect and prepare a meeting agenda for each meeting of the board of Directors
in accordance with these Bylaws and the policies and procedures of the Center,
shall maintain a full and accurate written record of all the actions of the
Board of Directors, shall record in writing any action taken by any Center
Committee which is reported to him or her. All elections of officers by the
Center shall be supervised by the Secretary-Treasurer, who shall report the
results of all elections to the Board of Directors.
The Secretary-Treasurer shall maintain true and
correct copies of all policies and procedures adopted by the Board of Directors,
shall maintain complete and accurate financial records of the Center, and report
to the Board of Directors and the Center Membership as to the financial affairs
of the Center as provided in these By-Laws and in the policies and procedures of
the Center. The Secretary-Treasurer shall serve as an ex-officio member of the
Finance Committee. The term of the office shall be as provided in these By-Laws
for officers of the Center. The Center Secretary-Treasurer shall not be a
voting member of the Board.
3.04 Secretary-Treasurer The Center Secretary-Treasurer shall submit a
copy of the meeting minutes of the annual meeting and an updated list of Center
officers to the AU Executive Director after each election or after any officer
changes have occurred. The Center Secretary-Treasurer shall submit a complete
financial report to the AU Secretary for the fiscal year ending on December 31st
of each year, and no later than February 15th of the new year.
3.05 Left Blank
3.06
Constitution, By-Laws, and Policy Advisor. The President shall
appoint, with the advice and consent of the Board of Directors, a Constitution,
By-Laws, and Policy Advisor, who shall serve until a successor is appointed and
assumes the position. The appointee shall have demonstrated a knowledge of the
constitution, By-Laws, and Policies of the Center.
The appointee shall act as consultant and advisor to the Board of Directors, officers, committee chairs, organizations affiliated with the Center, and Center members, to provide them with interpretations of the constitution, By-Laws, and Policies involving any question or matter; shall notify the President and Board of Directors, in writing, if any action taken by the board of Directors, any officer, any committee chair or committee, or any organization affiliated with the Center violates any provision of the constitution or By-Laws, and Policies for reference by any party, and verify the proofs of and printing to be distributed to the Center membership; shall draft, or approve for submission, any drafts of proposed amendments to the Constitution, By-Laws, or Policies, all of which much first be submitted to him for review before being presented to the Board of Directors for consideration.
3.07 Legal Advisor. The Board of Directors shall each year select an attorney to provide legal counsel and advice to the Board of Directors. The Board of Directors is authorized to pay compensation to the appointee, as it deems proper. In the event that a conflict of interest or matter of personal concern to the Legal Advisor shall become an issue, the Board of Directors may employ the services of another legal advisor.
3.08 Authority to Act. The offices identified in this section are ranked in descending order by authority to act as chief executive officer and to preside over meetings of the Board of Directors. In the event any or all persons of a higher rank of executive authority shall be absent or unable to act for any reason, the officer of the highest rank who is present and able to act shall act as presiding officer of the Center, and conduct all business necessary for Center affairs. An officer who is presiding in the absence of one or more officers of superior rank is not disqualified from voting because of his temporary role.
4.01 Terms of Office for Officers. The term of office of all Officers shall be for three (3) years or until their successors are appointed or have been duly elected.
4.02 Terms of Office for Directors. The term of office for Directors shall be for three (3) years or until their successors are appointed or have been duly elected. Director shall serve a term of three calendar years from the date of their election.
4.03 Terms of Office for Appointees. Any person appointed to serve as a chair or member of any standing Center committee shall serve until a successor is appointed and assumes the position. Any person appointed to serve as a chair or member on a Center committee appointed for a specific purpose shall serve until the board of Directors receives and accepts the final report of that committee. All appointees are subject at any time to removal in accordance with Section 7.05 of the By-Laws.
4.04 Successive Terms of Officers. No officer shall serve in the same office for more than two consecutive terms. The balance of an unexpired term which is filled by appointment shall not be considered to be a term of office for purposes of this section.
4.05 Successive Terms of Directors. No director may serve as a director for more than two consecutive terms. The balance of an unexpired term which is filled by appointment shall not be considered to be a term of office for purposes of this section.
5.01 Times. Elections of Center Officers and Directors whose terms are expiring shall be held not later than May 1st of each year.
5.02 Qualification for Candidacy. Any member who seeks an elected position must file with the Secretary, not later than February 15th of the election year, a petition and a resume. The petition must be signed by the candidate and by not fewer than twenty-five (25) members, and contain the full name of the candidate, the candidate’s address, club and the office for which election is sought. If the candidate seeks office as a Director at least twenty-five (25) signatures on the petition must be of members who are residents of the zone, which would be represented.
The resume shall not exceed 250 words in length and shall state the office sought, the personal experience, training, or ability of the candidate which, in the candidate’s opinion, qualifies him or her for that office, each club or Center affiliated organization of which membership has been held, any titles, offices, or positions held in the sport, and goals for the Center if elected. Petitions and resumes may be delivered in any manner feasible by the deadline.
All applications delivered by USPO mail must be addressed to the proper address of the Secretary, with all postage required paid in advance and the envelope or container bearing a legible postmark affixed by the U. S. Postal service postmarked by February 15th. If February 15th is a holiday or weekend, all applications must be postmarked no later than the first business day after February 15th.
5.03 Eligibility. Persons eligible for election to any office of the Center must qualify for candidacy and be of excellent repute and never convicted of a felony, a member of the Center for at least three (3) years prior to the election and actively participating in the pigeon racing sport. A candidate for election as Director must, in addition, have been a resident of the region in which election is sought for not less than one year prior to election and be a resident of that state as of the date of election. No elected officer of any national or international pigeon organization, i.e. (A.U., I.F., C.U, NPA, etc.) can serve as an elected officer of the Center during the same time period.
5.04 Dual Candidacies. No candidate for Center office shall appear on any ballot as a candidate for more than one office.
5.05 Notice of Candidacies. The Secretary-Treasurer shall publish, or cause to be published, in the Center Publication a list of candidates and the resume provided by each candidate not later than thirty (30) days prior to the election.
5.06 Mailing or Delivery of Ballots. The Secretary-Treasurer shall supervise the preparation and mailing of ballots to member, which shall be mailed or otherwise delivered to each member eligible to vote not later than May 1 of each election year.
The Secretary may also provide to each member a return envelope, pre-addressed, for return of the ballot to the Secretary-Treasurer or to a designated representative.
5.07 Voting by Members. A member shall be eligible to receive a ballot to vote if in good standing with the Center and if shown in the records of the Center as being a dues paid member for at least thirty (30) days prior to the mailing of ballots. Each member shall indicate choice(s) on any ballot provided by making a cross (‘X’) in the appropriate place indicated on the ballot.
Ballots are to be returned to the Secretary at the address indicated not later than May 21 of each election year; provided, that in the event an envelope containing a ballot bears a valid U.S. Postal Service postmark not later than May 21 it shall be included in the election tabulated election results if received not more than ten (10) days after May 21.
5.08 Balloting for Elections. The use of mail ballots for election of officers and directors is permitted. The Secretary shall supervise the preparation of ballots to be provided members, which shall be sent directly to the last known address of each eligible voter. The deadline for the receipt of ballots cast by members shall be prominently displayed on the member’s ballot. Any ballot not received by the Secretary, prior to the deadline or which is otherwise invalid shall be disregarded. All ballots which are completed, in whole or in part, shall be stamped with the date of receipt and retained by the Secretary for not less than thirty (30) days after the deadline for receipt of ballots.
5.09 Notice to Candidates. Immediately after tabulation of the election results, and prior to certification of the election results, the Secretary shall notify each candidate for election by certified mail, return receipt requested, of the election results.
5.10 Election contests. Any person lodging a protest to, or contesting the results of, any election of the Center must notify the Secretary of the protest or contest in writing, received by the Secretary not later than 5:00 o’clock p.m. CST by the fifteenth (15th) day following the date of mailing of notice to candidates of the election results by the Secretary.
If any person contesting an election shall request a recount of ballots cast, the Secretary may condition compliance with that request by requiring the contestant to deposit with the Treasurer an amount sufficient to defray the reasonable and necessary costs of a recount. No person shall be entitled to protest or contest the results of a Center election unless eligible to vote in that election.
5.11 Rulings on Eligibility. If the eligibility of any person to stand for or hold office, vote, or protest or contest any election is raised, or the results of any election are contested or questioned, the Center Board of Directors shall make a timely determination of the issue(s) and that decision shall be final and binding on all parties, including the Center.
If the Constitution and By-Laws Chairman is not able or willing to act, or is disqualified from consideration of the issue because of personal involvement or other reason, the Center Legal Advisor shall then assume that duty.
5.12 Certification of Election. The Secretary shall, after the close of balloting and tabulation of election returns, after a decision on any contests or protests, if any, has been made, and the time for contests and protests has passed, certify to the Board of Directors in a timely manner the results of the Election.
5.13 Notice of Election Results. The Board of Directors, after receipt of election results, shall canvass the election results in a timely manner and verify that the election was held in accordance with Center requirements and that the voting has been properly tabulated. If the election is declared proper the Board of Directors shall accept the results, declare the election official, and record in its minutes the result thereof, at which time the results of the election may be disclosed. The Secretary shall cause to be published in the Center Publication the full and complete election results not later than 90 days after the date of declaration by the Board of Directors.
6.01 President. If the office of President becomes vacant the Vice-President shall succeed to the position and assume all powers and duties thereof.
6.02 Vice-President. If the office of Vice-President becomes vacant the President, with the advice and consent of the Board of Directors, shall appoint an appointee, who shall serve until a successor is elected and takes office.
6.03 Directors. If any office of Director becomes vacant the President, with the advice and consent of the Board of Directors, shall appoint an appointee, who must be a resident of the same zone as the elected Director who vacated the position and who shall serve until the next election of officers or until a successor is elected or appointed and takes office.
6.04 Committee Chair(s) and Members. If any Committee Chair or member’s position becomes vacant the President, with the advice and consent of the Board of Directors, shall appoint an appointee, who shall serve until a successor is appointed and assumes the position.
7.01 Incapacity. If an Officer or Director shall become incapacitated or legally incompetent for any period in excess of sixty (60) days the Board of Directors may remove said person from office.
7.02 Cause. Any Officer or Director who willfully or intentionally engages in action or conduct, including but not limited to dishonest acts, interference with or disruption of the conducting of Center business by other officers and directors, or a violation of the Center Rules of conduct, which act(s), in the opinion of the Board of Director, is detrimental or harmful to the Center or to the sport, may be removed from office by ¾ vote of the Board of Directors.
7.03 Recall. Any officer or director may be recalled and removed from office by action of the members of the Center. In the event a petition requesting an election for the purpose of recalling an officer, signed by at least fifteen percent (15%) of Center member, or in the event a petition requesting an election for the purpose of recalling a director, signed by at least fifteen percent (15%) of the members who reside in the Director’s zone, is presented to the Secretary, and certified to contain the requisite number of signatures of members, the Secretary shall notify each member of the board of Directors of the necessity for conducting a recall election, and the board of directors shall schedule such an election and notify the membership of that election.
The election shall be held not later than ninety (90) days after certification of the petition, and all provisions relating to elections shall be applicable.
The sole issue on the ballot regarding the subject of recall of an officer or Director shall be “Whether (the identified Officer or Director) should be removed from his office with the Texas Center of Racing Pigeon Clubs, Inc.”
7.04 Eligibility for Re-election. Any Officer or Director who has been removed because of incapacity may subsequently seek reelection to office in the Center; provided, that there shall be provided to the Secretary an affidavit stating that the reason(s) for that earlier inability to act as an Officer or Director no longer exist and the secretary shall determine if that candidate is fully competent and capable of serving. An Officer or Director who has been removed for cause by action of the Board of Directors may be a candidate for election to a Center Office only if the petition filed, as required by Section 5.02 of these Bylaws, contains not less than 100 signatures. An Officer or Director removed from office as a result of a recall election of the membership shall never again be eligible to serve in any office or official position of the Center.
7.05 Removal of Committee Chair and Member. The President, with the approval of the Board of Directors, may remove any Committee chair or member at any time.
8.01 All members of the Center shall follow the competition standards as set
forth by the American Racing Pigeons Union (AU).
9.01 Center Publication. The Center shall distribute to its members a written publication which it shall designate as the official publication of the Center. This publication is referred to as the Texas Center Newsletter. This Center Publication may be a part of any pigeon sport publication.
9.02 Notice of Meetings. There shall be published in the Center Publication notice of any regular meeting of the Board of Directors, and, if practicable, of any special meeting. This notice shall state the date, time, and place of the meeting.
9.03 Publication of Meeting Minutes. The Center shall print in the Center Publication true and correct minutes of all meetings of the Board of Directors, which minutes shall indicate all action taken, votes on action taken, and the vote of each member of the Board of Directors on each motion or action considered.
10.01 Form of Meetings. The Board of Directors and any Committee of the Center may meet in person, by teleconferencing, by conference call, or by any other method deemed proper by the Board, except as otherwise provided herein. The decisions of properly held board meetings shall be binding upon the Center.
10.02 Annual Convention. There shall be held a convention each year at a site or location selected by the Center, at which members are invited to attend. The Board of Directors may, but is not required to, conduct a business meeting at the Convention. The Board of Directors shall submit to the host committee, convention guidelines which shall be adopted by the host committee.
10.03 Annual Meeting. There shall be conducted each year an Annual Meeting, after notice to the membership, at which members and Delegates of the Center are encouraged to attend. At such meeting the Board of Directors shall report to the Center members and Delegates present the current state of affairs. Those members shall be allowed to ask questions and entertain motions from the floor that pertain to the business of the Center. Any member who is unable to be physically present at a General Membership Meeting may send his comment or question in writing in writing to the Center Secretary, who shall during the meeting read that comment, or pose that question, to the Delegates, and shall record the response in the record of the meeting.
10.04 Mid-Year Meeting. There shall also be conducted each year a Mid-Year Meeting, after notice to the membership, at which time reports of all actions and activities of the officers and committees following the Annual Meeting shall be made.
10.05 Special Meetings. The Board of Directors may hold such other meetings throughout the year, as it deems necessary to conduct the business of the Center.
10.06 Agenda. The Board of Directors shall adopt a standard agenda for the conducting of business at its meetings, which agenda shall itemize the types of actions or activities it may consider by category or type, and in the order to be considered. Any member or Delegate may request to have an item placed on the agenda. The Board of Directors shall follow that agenda at all times.
10.07 Quorum. A majority of members eligible to vote shall constitute a quorum at any meeting of the Board of Directors or of any Center committee, unless otherwise provided in the Center constitution or in these Bylaws.
10.08 Majority vote Required. Unless a super majority is required by the Center Constitution or by any provision of these By-Laws, a simple majority vote shall be sufficient to pass any motion, resolution, or other action.
10.09 Meeting Rules. All Center meetings shall be conducted under the rules set out in the Roberts Rules of Order (revised) unless otherwise stated in these By-Laws.
11.01 Amendment by Membership. The members of the Center may require a referendum vote on any proposed amendment by the filing with the Center Secretary of a petition stating the proposed amendment and signed by not less than five percent (5.0%) of the current Center members in good standing and with voting rights.
Any proposed amendment must be first reviewed by the constitution, By-Laws, and Policy Advisor, who shall submit the proposed amendment with recommendations to the Board of Directors for approval prior to a referendum vote.
The referendum vote by the membership shall be conducted in accordance with By-Laws provisions applicable to all elections.
A referendum vote on any amendment shall result in the adoption of the amendment
if not less than 2/3 of those members who cast votes vote in favor of the
amendment.
11.02 Notice. Notice of any proposed amendment to the By-Laws shall be published in the Center Publication at least thirty (30) days prior to the date of vote on the amendment.
11.03 Amendment by Board of Directors. These By-Laws may be amended by vote of two-thirds of the members of the Board of Directors and Elected Officers present and voting at any meeting.
11.04 Effective Date of Amendments. Amendments are effective upon publication of the election results as provided by these By-Laws. No amendment shall cause any act by a member or Center affiliated organization to be invalid when committed under the Constitution and the By-Laws in effect at the time of such action.
12.01 Membership. The Texas Center delegation shall consist of the delegates of each of the member clubs.
12.02 Number. Each member club shall designate delegates at prior to the annual meeting of the Center. Each club shall be allowed one delegate for every ten (10) paid members, or fraction thereof, whose dues have reached the Secretary-Treasurer before April 15th of the calendar year.
12.03 Ratification. All actions taken by the Board of Directors shall require ratification by the Delegates at the annual Center meeting by a majority vote.
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