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
Memberships in this organization are identified as:
A. Youth Membership
B. Junior Membership
C. Full Member
D. Life Member
E. Voting
F. Grandfathered Memberships Statuses and Provisions
A. Youth Membership
Youth Membership shall be available to full-time students 16 years of age and under 24 years of age who are not children of members.
The privileges of membership shall be the same as those of a Full 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 Junior 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.
B. Junior Membership
Junior Membership shall be available to any person under 35 years of age who does not qualify for Youth Membership.
The privileges of membership shall be the same as those of a Full Member, except that a Junior Member shall have no individual vote. For purposes of voting, Junior Members shall be a part of the Junior Member group. Junior Members may not accrue seniority towards Life Membership.
Junior Members, Youth Members, and Associate Members, as a group, have one vote. They 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.
C. Full Member
Full Membership shall be available to any person over 18 years of age. 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 Full Members shall become the named Full Member without payment of further initiation fees, and be credited with the years of seniority of the deceased member for accruing years towards Life Membership.
D. Life Member
Members who are 65 years of age, or older, and have maintained Full 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 Full/Regular membership will be eligible to apply for Life Membership. Life Membership, which shall receive a fifty percent (50%) reduction in the annual Full Membership dues for the lifetime of the member.
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 Full 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.
A Life Member who does not own a boat, rent a slip and is not on 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.
E. Voting
The Membership shall have the following voting rights:
Youth Member: Voting in the Junior Membership group
Junior Member: Voting in the Junior Membership group
Associate Member: Voting in the Junior Membership group
Full Member not owning a Registered Vessel: Each Full Member not owning a Registered Vessel shall receive one vote.
Full Member owning a Registered Vessel: A Full Member that has provided MYC with evidence of ownership of a vessel that has been registered with any governing body, local, state, or federal, shall receive two votes.
F. Grandfathered Membership Statuses and Provisions
Associate Membership
Associate Membership is no longer an offered membership. It is a designation for those Associate Members that were Associate Members on November 1st, 2016. Those Associate Members may remain designated as such for as long as they desire and with no change to their status as Members of the Muskegon Yacht Club. Associate Members will continue to be bound by the By-Laws and will have similar voting rights and obligations as Junior Members, with one exception. Associate Members that become an owner, or part owner, of a vessel, which requires registration with any governing body, local, state, or federal, shall become a Full Member.
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 Full Member, except that an Associate Member may not hold office in the organization nor accrue seniority toward Life Membership.
Associate Members shall have no individual vote. For purposes of voting, Associate Members shall be a part of the Junior Member group.
For the purposes of this section, Non-Boat Owner is defined as one who does not have any ownership interest in any vessel which requires registration with any governing body, local, state or federal.
Life Membership for Full Members who joined the Muskegon Yacht Club prior to January 1, 2003:
Full 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 Full/Regular members who have maintained Full/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 Full/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 Full 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.
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 Full Member of the organization. The application shall also state the birth date of the proposed member and the birth date any family and/or significant other that will utilize the membership. The application shall also include the address or email of the proposed member to be utilized for official notice to the member. The election of members shall be by the Board of Directors.
Section 3. Initiation and Dues
Application for membership shall be accompanied with payment of the initiation fee, if any, and the annual dues, or portion thereof, required by the Membership Rules.
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 Full 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. Board of Directors
Duties of the Board of Directors include:
A. The Board of Directors shall meet monthly in sessions open to all 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.
B. The Board shall manage the property, assets, revenues, and business of the organization. They shall prepare and publish in the Portwatch a fiscal year budget for regular expenses by April 15 of the year following the election of the Board. They shall regulate regular expenses, approve on all proposed contracts running beyond the fiscal year, and rule on all capital improvement projects exceeding $1,500.00 and consistent with Article VIII. They shall set personnel policies and shall approve on employment or termination of the Club Manager, legal and accounting, or counsel.
C. 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.
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 re-balloted 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 re-ballot. 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 re-ballot.
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 Full Membership (as Chairperson), and four Full 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 premises 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, Assessments, Funds
Section 1. The Board of Directors shall set the annual dues and initiation fees for Full Membership, Junior 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. Initiation Fees. Children of Full members who are under 30 years of age may apply to become a Full member or Junior 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 7. 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 8. 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.
Section 9. Capital Improvement Fund. A Capital Improvement Fund shall be created as a fund separate from all other Club funds and kept in a bank or credit union account which is guaranteed by FDIC or NCUA.
The purpose of the Capital Improvement Fund is to accumulate monies to be used solely for capital improvements, major repairs, and major emergencies. Expenditures from the Fund shall be by motion approved by the Board of Directors stating for what the money is to be spent and the amount or not to exceed amount. The language of the motion shall be contained in the minutes of the meeting available to the membership.
The initial contribution for calendar year 2013 shall be $10 per month. Beginning October, 2013 the Board of Directors shall set the contribution amount each year at the October Annual Meeting. Changing the contribution amount for the upcoming year shall require a 2/3 majority of the entire Board of Directors. Profits from Board approved Club fund raising events and donations received may be added to the Fund at any time. Board approved transfers from the Club’s General Funds to the Capital Improvement Fund shall be approved by a 2/3 majority of the entire Board of Directors. The Board may at any time suspend or reinstate the monthly contributions to the fund as deemed appropriate according to the size of the Fund, its rate of growth or depletion, and the anticipated need to make expenditures from the Fund.
Beginning in January 2013 each member shall be invoiced the current monthly contribution. Members who pay dues quarterly may pay the total of 3 months at a time per quarter to the Fund.
A member may make a single annual payment by January 31 equal to 10 times the monthly contribution.
The Capital Improvement Fund applies to all membership classifications; Life, Full, Junior and Associate (excludes only Youth and Honorary members).
Any member delinquent on the Capital Improvement Fund contribution will be addressed as provided in the “Credit” section of the House Rules.
Section 10. Special Dock Fund
Fund Purpose: To accumulate funds, outside the MYC general fund, for the limited goal of replacement/upgrade of the Muskegon Yacht Club dock system.
Fund Management and Disbursement: Fund control and disbursement shall be provided by a fund chairman. The initial chairman shall be approved by the Board and elected concurrent with the creation of the fund. The fund chairman shall serve for a period of one year. There are no term limitations. Subsequent chairmen will be nominated at the April board meeting and elected by vote at the Spring General meeting in May.
The fund chair may, at their discretion, form a committee to assist them in managing the fund.
Fund Sources: Sources for this fund shall be:
- Donations targeted to this fund
- Board approved transfers from the general fund
- Profits from Board approved club fund raising events. The events shall be publicized as ‘fund targeted.’
Investments: Monies collected in the fund shall not be invested in any vehicle/account with a downside potential. Acceptable investments include (but are not limited to) interest bearing bank account, Certificates of Deposit, money market accounts, etc.
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
Section 1. Proposal
These By-laws may be amended by the membership of the organization. A 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 in writing on the compatibility of these proposals to the Board of Directors not later than 30 days after receipt. The proponent of the proposal may agree to any changes recommended by the Committee.
Section 2. Notice and Discussion Meeting
While a Board meeting need not be held, not later than the next regularly scheduled Board meeting after the receipt of the By-Laws Committee report, the Board shall set a date, time, and location for a meeting at which the proposals will be discussed. The discussion meeting shall be at least 10 days after items A, B, and C in Section 2 have been completed, but not later than the next semi-annual or annual membership meeting after the 10 days. The discussion meeting may be a regularly scheduled meeting or a meeting convened specifically for this discussion.
The Board shall be responsible for the following:
A. Send an email or other appropriate electronic message with the subject line “MYC Proposed By-Laws Amendment” to all members who have provided the Club with an electronic address. The message shall contain the entire language of the proposed amendment and a notice of the discussion meeting.
B. Post the entire language of the proposed amendment and a notice of the discussion meeting on the Club’s website with a prominently displayed link on the Members’ Only Home Page.
C. Post on the same page as the proposal or with a link on that page:
a. The report of the By-laws Committee
b. Commentary regarding the proposal by the proponent, if one is provided.
c. Commentary regarding the proposal by the Board, if one is provided.
d. A discussion thread where members, identified by name, may post comments and questions.
D. Display a notice prominently in the next Portwatch that a Proposed By-Laws Amendment has been posted on the Club website with a link and either the actual web address or instructions directing a member to the correct page.
Should there be differing opinions expressed at the discussion meeting, a representative of each point shall be appointed by the Board and assigned the responsibility of recording the pertinent comments. The proposal may be amended or withdrawn in accordance with a majority vote and with the approval of the submitting member or the member’s representative.
The Junior Membership Group present at the discussion meeting shall elect one of their group to cast their vote.
Section 3. Vote
Not later than 14 days following the discussion meeting a proposal not withdrawn at the discussion meeting shall be submitted to qualified members for a vote asking whether the proposal should be adopted. All votes shall be in writing. The member shall be responsible for providing a legible name on the ballot. The final return date for the ballots shall be the third Friday following the submission dates by electronic or postal mail.
The submission for qualified members who have provided the Club with an electronic address shall be an email or other appropriate electronic message with the subject line “BALLOT: MYC Proposed By-Laws Amendment”. The message shall contain the entire language of the proposed amendment, the summary of differing opinions expressed at the discussion meeting or a statement there were no differing opinions, the final return date, and a ballot section or attachment which can be printed. An electronic ballot may be voted by a reply message with the member adding “Yes” or “No” or unmistakable equivalent. If more than one proposal is included in the ballot, each may be identified by number, title, or words that clearly differentiate it from the other proposals and its own vote. The member may also vote the ballot by other electronic means or by printed vote delivered to the Club.
The submission for qualified members who have not provided the Club with an electronic address shall be by first-class mail. The letter shall contain the entire language of the proposed amendment, the summary of differing opinions expressed at the discussion meeting or a statement there were no differing opinions, the final return date, and a ballot. After voting the ballot and legibly including the member’s name, the ballot may be returned to the Club by electronic or physical means.
The Club manager or other person appointed by the Commodore shall be responsible for collecting and retaining ballots received by e-mail, fax, other electronic means, mail, or other physical means. Within two days of the final return date the ballots shall be counted by at least three Board members. A person assigned the responsibility of recording pertinent comments at the discussion meeting, or that person’s representative, shall be notified of the time and may observe the counting of the ballots. The ballots shall be retained for two months following the counting.
Section 4. Adoption
A proposed amendment shall be adopted if it receives at least twice as many “Yes” votes as “No” votes, otherwise it is rejected. The results of the vote shall be reported to the Board and the Membership.
ARTICLE XII
Quorum
Twenty Full 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 Full membership which has the exclusive power to rule on the following:
A. Purchase or disposal of land, buildings, or wharves.
B. Rental or lease of major Club property, (land, building, or wharves), for a continuous period exceeding thirty-one days in duration. This shall not be construed to include normal rentals, or individual boat slips, winter storage space, hoist, stowage, etc., to Full members.