BY-LAWS OF THE MUSKEGON YACHT CLUB
| Membership | Officers | Meetings |
| Committees | Dues/Fees | Amendments |
ARTICLE I
The name of the organization shall be the Muskegon Yacht Club.
ARTICLE II
The purpose of this organization shall be to promote and sponsor the development of watercraft of a non-commercial character; to provide and maintain Club facilities and social quarters for its members; to organize and promote regattas and boat races; to own and maintain all real and personal property; and to do any and all things necessary, proper, or deemed expedient in connection with the business and purpose aforesaid.
ARTICLE III
Membership
Section 1. Membership Classifications
Membership in this organization is identified as:
A. Regular Membership
B. Life Membership
C. Associate Membership
D. Youth Membership
A. Regular Membership
Regular Membership shall be available to any person over 18 years of age. Member shall be defined as the named member, their spouse and children under the age of 24, and shall include one vote. The privileges of membership shall include all club privileges for the named member, their spouse and children less than 24 years of age. Years of seniority, for accruing years towards Life Membership, shall be applied to the named member only.
Surviving spouses of deceased regular members shall continue as Regular Members, and be credited with years of seniority of the deceased member for accruing years towards Life Membership, without payment of further initiation fees and shall become the named member.
B. Life Membership
Regular Members who joined the Muskegon Yacht Club prior to January 1, 2003 and Life Members who are Life Members prior to January 1, 2003 shall continue to be eligible for Life Membership status under the following by-law:
A Life Membership, which shall be exempt from annual dues for the lifetime of the member, shall be available to Regular members who have maintained Regular membership in good standing for a continuous period of at least 20 years immediately prior to attaining 65 years of age, or older, and/or 35 years total regular membership.
In order to qualify for the current year, the member must reach his/her 65th birthday on or before March 31 of the year. The privileges of a Life member are the same as available to a Regular member. The spouse of a deceased Life member, who was married to the Life member for 20 continuous years before the Life member’s death, shall be a Life member.
Regular Members joining the Muskegon Yacht Club on January 1, 2003 and thereafter shall be subject to the following by-laws:
A Life Membership, which shall receive a fifty percent (50%) reduction in the annual Regular Membership dues for the lifetime of the member, shall be available to Regular Members who are 65 years of age, or older, and have maintained regular membership, in good standing, for (1) a continuous period of at least 30 years immediately prior to before applying for Life Membership, or (2) 35 years total regular membership.
Any Regular Member or Life Member as of January 1, 2003 shall be exempt from annual dues for the lifetime of the member, provided any such Regular Member becomes eligible for Life Membership.
A Life Member who does not own a boat, rent a slip and is not any waiting list for a slip, dry sail, or winter storage space may choose to become Social Life Member by making application in writing. There shall be no dues for Social Life Membership status. A Social Life Member shall have the same voting rights as a Life Member.
A Regular Member, who becomes eligible for Life Membership under (1) above, by attaining his/her 65th birthday on or before March 31 of the year, is eligible for Life Membership in the current year. The privileges of Life Membership are the same as available to a Regular Member. The spouse of a deceased Life Member, who was married to the Life Member for 20 continuous years before the Life Members death, shall be a Life Member.
C. Associate Membership
Associate Membership shall be available to non-boat owners over 18 years of age. The privileges of membership shall be the same as available to a Regular Member, except that an Associate Member may not hold office in the organization nor accrue seniority toward Life Membership.
Associate Members, as a group, have one vote. The Associate Members shall designate one person to exercise the vote at meetings specified in Article VI by a writing delivered to the Secretary at least five days prior to each meeting.
For the purposes of this section, Non-Boat Owners defined as one who does not have any ownership interest in any vessel propelled by paddles, oars, machinery or sails, which is maintained primarily for use in the navigable waters of the United States.
D. Youth Membership
Youth Membership shall be available to individuals 16 years of age and under 24 years of age who are not children of members and are regular full-time students.
The privileges of membership shall be the same as those of a Regular Member, except that a Youth Member shall have no individual vote nor hold office in the organization. For purposes of voting, Youth Members shall be a part of the Associate Member group. Youth Members may not accrue seniority towards Life Membership status.
Youth Members shall reapply for membership annually and provide proof of regular full-time student status.
Section 2. Membership Applications
Membership applications are to be in writing on such form as approved by the Board of Directors and must bear the name of a sponsor who is a Regular member of the organization. The election of members shall be by the Board of Directors.
Section 3. Initiation and Dues
Application for membership shall be accompanied by one year’s dues in addition the current initiation fee required by the by-laws.
Section 4. Referral of Charges
Any member of the organization in good standing may refer charges against any member to the Board of Directors. Such charges must be in writing and the member against whom the charges are made must receive a copy from the Board before the Board can take any formal action thereon. The charged member shall have the right to be heard before said Board, either in person or by counsel, with full right to answer the charges in writing.
The Board of Directors shall consider the charges and the answers thereto no later than the next Regular meeting of the Board of Directors after the charges are presented.
ARTICLE IV
Officers
Section 1. Officers
The officers of this organization shall be:
Commodore
Vice Commodore
Rear Commodore
Secretary
Treasurer
Directors (5)
Fleet Captain of Sail
Fleet Captain of Power
Fleet Surgeon
Section 2. Elections
The officers of this organization shall be elected by a majority of the qualified members present at the Annual meeting of the organization. The Commodore and Vice Commodore shall be elected from Regular members who have previously served or are presently serving as officers or members of the Board of Directors.
Section 3. Tenure
The tenure of the officers of this organization shall be for one year, except as provided in these By-laws. Incoming officers shall take office and assume the responsibilities of their office immediately following their election.
Section 4. Board of Directors
The Board of Directors shall consist of the Commodore, Vice Commodore, Rear Commodore, Secretary, Treasurer, and Past Commodore for a one year term. The Board of Directors shall also consist of five other duly elected Directors for a two year term, three Directors being elected in even years and two Directors to be elected in odd years.
In the event that the Commodore is re-elected, an additional Director shall be elected for a one year term. In the event a Director resigns or becomes a flag officer with at least one full year remaining in the Director’s term, an additional Director shall be elected for a one-year term.
ARTICLE V
Duties of Officers
Section 1. Commodore
The duties of the Commodore shall be to preside at all meetings of the organization and to have general supervision over the affairs of the organization.
Section 2. Vice Commodore
The duties of Vice Commodore shall be to assist the Commodore and discharge the duties of the Commodore in the absence or disability of the Commodore.
Section 3. Rear Commodore
The duties of the Rear Commodore shall be executed in the same manner as those of the Vice Commodore in the absence of the Commodore and Vice Commodore.
Section 4. Secretary
The duties of the Secretary shall be to attend the meetings of the organization and to keep a record of the proceedings and systematically to keep all books, papers, records, and documents belonging to the organization or in any way pertaining to the business of the organization.
Section 5. Treasurer
The duties of the Treasurer shall include the collection of all dues, initiations, assessments and other moneys due the organization; to make all authorized disbursements; to make a detailed written report of monthly receipts and expenditures; to deposit the general funds in the name of the organization in a separate bank account approved by the Board of Directors; to deposit or invest at the direction of the Board of Directors any special funds created under Article VIII Section 9; and to report to the Board of Directors monthly and to the membership at its regular meetings, the financial condition of the organization and its special funds.
Section 6. The Board of Directors shall meet monthly in sessions open to Regular members to transact the business of the organization. A quorum shall consist of six Board members. They shall be guided by Robert’s Rules of Order, but may make their own rules on conduct for meetings. They shall fill vacancies of the Board until the next Annual meeting by majority vote. They shall establish all rules governing the conduct of members and guests using the organization’s facilities, hold hearings according to Article III, Section 4, and fix and enforce penalties on members found guilty of misconduct.
The Board shall manage the property, assets, revenues, and business of the organization. They shall prepare and publish by mail to all Regular members a fiscal year budget for regular expenses by April 15 of the year following the election of the Board. They shall regulate regular expenses, rule on all proposed contracts running beyond the fiscal year, and rule on all capital improvement projects exceeding $500.00 and consistent with Article XIII. They shall set personnel policies and shall rule on employment or termination of the Club Manager, legal and accounting, or counsel.
The Board shall set and publish fees, rate schedules, and rules for the use of Club properties for members and outside organizations and individuals. Prices charged for food and beverages sold in the lounge shall be set by the House Committee unless specifically set by the Board.
The Board of Directors shall solicit, by mail, a signed proxy from each member qualified to vote whenever the outcome of a By-law Amendment meeting is mailed to the membership. The proxy shall state the proposal and contain appropriate means for the member to vote and sign. This proxy will be the official proxy. A return, addressed, and pre-stamped envelope shall be included in this solicitation. The envelopes shall be identified as containing proxy votes and shall be accumulated, unopened, until the deadline for their return has passed. The proxy envelopes shall be opened promptly thereafter in the presence of the representatives appointed under Article XI, Amendments, (or their designees) and the proxy votes shall be tabulated and reported to the Board and the Membership.
Section 7. The Commodore, or a person designated by the Commodore, may suspend for cause, any member from active participation in the organization’s privileges without prior notice until the next monthly meeting of the Board of Directors which is at least seven days after the suspension. The Commodore may call a special meeting of the Board to consider the conduct of the suspended member. In no event shall a suspension imposed by the Commodore or designee last longer than 45 days. The Board shall definitely and permanently determine the action to be taken regarding the suspended member. The suspended member must receive a written copy of the charges against him/her before the Board Meeting.
ARTICLE VI
Meetings
Section 1. Special meetings may be called at any time by the Commodore, or upon written request of twenty members to the Secretary, due notice being given the members of the organization at least one day previous to the meeting.
Section 2. Regular membership meetings shall be held semi-annually and shall be held on the Friday before Launch and the Friday before Haul-out. The meeting held the Friday before Haul-out shall be the Annual Meeting.
Section 3. The order of business at the Annual Meeting shall be as follows:
Roll Call
Reading of minutes from previous meeting
Reports of Committees and Officers
Unfinished business
New business
Election of Officers
Section 4. The Nominating Committee shall first present its proposed list of nominees for all officers for which present terms are expiring or who have resigned. The presiding officer shall then conduct the balloting for each office, in turn, with allowance for nominations from the floor prior to the vote for each office. The sequence of such voting shall be as follows:
Commodore
Vice Commodore
Rear Commodore
Secretary
Treasurer
Each regular 2 year directorship (with separate nomination and balloting for each)
Each 1 year directorship (with separate nomination and balloting for each)
Fleet Captain of Sail
Fleet Captain of Power
Fleet Surgeon
Section 5. Any balloting for an office which results in no nominee receiving a majority vote shall be reballoted after deletion of the nominees with the fewest votes, as follows: If the number of nominees was three or four for that ballot, the two nominees receiving the most votes shall remain for the next reballot; if the number of nominees for the ballot is five or more, the three nominees receiving the most votes shall remain for the next reballot. Reballoting for such office shall continue in this manner until one nominee has received a simple majority of the votes cast in that ballot or reballot.
Section 6. On all questions of procedure not specified in the By-laws, Robert’s Rules of Order shall be considered authority.
ARTICLE VII
Committees
Section 1. There shall be the following standing committees appointed annually by the Commodore and composed of three or more members:
Membership
House
Publicity or Bulletin
Racing
Nominating - Committee shall include the most recent Past-Commodore holding a Regular Membership (as Chairperson), and four Regular or Life members appointed by the Committee Chairperson, at least three of whom shall be current members of the Board of Directors.
Auditing
By-laws
Dock and Yard
Each committee except Nominating Committee shall hold at least one meeting per year open to all members of the organization with at least seven days prior notice posted on the premise or mailed to the membership.
Section 2. Special Committees may be appointed by the Commodore at any time.
Section 3. The Commodore shall be an ex-officio member of all committees
Section 4. The Club Manager shall be invited to and may attend all committee meetings which are not discussing recommendations regarding the Manager’s performance, compensation, continued employment, or replacement.
ARTICLE VIII
Dues and Initiation, Assesments, Funds
Section 1. The Board of Directors shall set the annual dues and initiation fees for Regular Membership, Associate Membership, and Youth Membership. To change the Dues and initiation fees for the upcoming year shall require a 2/3-majority of the entire Board of Directors.
Section 2. The Annual Dues Payment schedule, Late Fees, and penalties shall be set by the Board of Directors and published as rules to the members.
Section 3. Leave of absence or demits may be granted at the discretion of the Board of Directors. Further, it shall be a duty of the Treasurer to provide the Club Manager or Chairperson of the House Committee with such necessary lists of suspended or dropped members and it shall be their duty to see that the provisions of this Article relative to use of the physical assets of the Club are enforced.
Section 4. A member of the Muskegon Yacht Club entering the US Armed Services may be granted an Honorary membership with Club privileges for the time of their active service at the discretion of the Board of Directors.
Section 5. Any member who has resigned or who has been expelled as provided in these By-Laws forfeits all rights and privileges in this organization and ceases to have any interest or claim of any nature in its properties or other assets.
Section 6. Dues paid with new applications for membership after November 15 shall apply for the remainder of the current year, and for the following calendar year.
Section 7. Initiation Fees
Children of Regular members who are under 30 years of age may apply to become a Regular member or Associate member without the payment of an Initiation fee. Spouses of deceased members, and divorced spouses within one year of divorce from a member, may apply to become a member in the same classification as their spouse without paying an Initiation fee. Any former member who wishes to re-join the club at the same membership classification may do so one time without the current initiation fee.
Section 8. Assessments
Upon recommendation by the Board of Directors or the written endorsement of twenty qualified members, and upon approval by two-thirds of the qualified members in accordance with the procedure specified in Article XI for the amendment of Bylaws, reasonable and necessary monetary assessments for specific financial purposes may be imposed upon the full membership or any portion thereof. Proposed monetary assessments shall be submitted in writing and state (a) the reason(s) for the assessment; (b) the amount or method(s) of computing the assessment; and (c) the duration of the assessment.
Section 9. Special Funds
Upon recommendation by the Board of Directors or the written endorsement of twenty qualified members, and upon approval by two-thirds of the qualified members in accordance with the procedure specified in Article XI for the amendment of Bylaws, special funds or accounts may be established for capital improvements, major repairs and major emergencies. Proposed special funds shall be submitted in writing and state a) the reason(s) and goal(s) for the fund; b) the monetary source(s) of the funding, e.g. a portion of the annual membership dues, fees or assessments; and c) the control, management and disbursement of the fund. In the event of liquidation of the organization, all special funds shall become part of the general funds.
ARTICLE IX
Membership Roster
A correct roster of members of the organization shall be kept by the Secretary or a person designated by the Commodore. The roster shall contain the name of the member and those family members entitled to the organization’s privileges, address, telephone number, and the type and names of boats owned by the member. The roster shall also contain the membership classification and the date the member most recently joined the organization.
ARTICLE X
Insignia
Section 1. The flags of the Commodore, Vice Commodore, Rear Commodore, Fleet Captains, Racing Committee and Flag Officers shall be the standard flag of such officers.
Section 2. The cap device for Commodore, Vice Commodore, Rear Commodore, Fleet Captains, Flag Officers, Secretary, and Treasurer shall be the standard insignia for such officers.
ARTICLE XI
Amendments
These By-laws must be amended by the membership of the organization, by vote of two-thirds of the qualified members voting by signed official proxy under Article V, Section 6. The proposed amendment shall have the signed endorsement of 20 qualified members or a unanimous vote of the Board of Directors at a regular Board meeting.
Amendment proposals will be presented to the By-laws Committee, in writing. The By-laws Committee shall report on the compatibility of these proposals to the Board of Directors not later than 30 days after receipt.
After a Board meeting where the amended proposals are presented, an announcement of the proposals shall be given to the entire membership and a meeting date announced at which the proposals will be discussed (not later than the next regularly scheduled membership meeting). This may be a regularly scheduled meeting or a meeting convened specifically for this discussion. Should there be differing opinions, a representative of each point will be assigned the responsibility of recording the pertinent comments.
At the discussion meeting, the proposal may be amended or withdrawn in accordance with a majority vote and with the approval of the submitting member or his/her representative.
Not later than 14 days following this meeting, the Board shall present to the membership the arguments both for and against the proposal and solicit a vote by official proxy as outlined in Article V, Section 6.
ARTICLE XII
Quorum
Twenty Regular members present in person shall constitute a quorum for all meetings of the membership of the organization.
ARTICLE XIII
Club Property
Ownership of Club property, real estate, and buildings resides solely in the Regular membership which has the exclusive power to rule on the following: