Article I — Statement of Purpose
The purpose of the Burnham Park Yacht Club (BPYC) shall be to promote the participation in and enjoyment of yachting, both sail and power; to encourage racing, cruising and other activities related to yachting; to contribute to the enjoyment of yachting and to the promotion of its future; to foster a knowledge of seamanship and all related subjects; to promote an understanding of the rules of the road and yachting etiquette; to encourage in juniors an active interest in safe yachting; and to maintain suitable club quarters, grounds and facilities for the convenience of its members.
Article II — Corporate Offices & Fiscal Year
The corporation shall continuously maintain in the State of Illinois a registered office and a registered agent whose business office is identical with such registered office.
The club shall have a fiscal year which commences on November 1st and which ends on October 31st. The club shall do its accountings and calculate its taxes on the accrual basis.
Article III — Categories of Membership
SECTION 3.01 DEFINITION OF YACHT OWNERSHIP
Any person who is contained on any instrument of document of title to a yacht shall be considered a yacht owner, or co-owner however slight such person’s ownership interest may be.
Any person or groups of persons, whether individually or collectively who have exclusive control over a yacht for an active season, through charter, or otherwise, shall be considered as yacht owners.
Persons who charter a yacht occasionally or “time share” a yacht shall not be considered owners unless such persons or groups of persons either individually or collectively have been given exclusive use and control over the yacht.
The Board of Directors shall decide any dispute or controversy regarding the foregoing.
SECTION 3.02 REGULAR MEMBER
Any yacht owner or co-owner who has attained 21 years of age at the time of application shall be eligible for regular membership. A regular member, in good standing, or their spouse or designated domestic partner, shall have the right to vote, to hold office or to execute petitions, to request special meetings, to present motions and shall be entitled to all the privileges and obligations of the club.
When a regular member is absent from a membership meeting, their spouse or domestic partner shall be counted for the purpose of establishing a quorum and may cast the absent member’s vote on questions that come before the meeting. The Board of Directors shall decide any dispute or controversy regarding the foregoing.
SECTION 3.03 NON RESIDENT MEMBER
Owners of boats who reside and have their yacht permanently moored more than 35 miles from the BPYC are eligible to become Non Resident members. Non Resident members in good standing shall have all the obligations and privileges of intermediate members, except for obligations of minimum spending
SECTION 3.04 CREW MEMBER
Crew membership shall be available to bona fide crew members who have attained 18 years of age at the time of application and serve on the yacht of a regular, life, senior, or intermediate member. Crew membership is not available to any person owning or having an interest in any yacht moored within 35 miles of the clubhouse. A crew member must be sponsored by a regular, life, senior or intermediate member who must agree to guarantee any and all financial obligations to the BPYC that such crew member may incur or create. Crew membership will terminate at the end of the year in which sponsorship by the member is withdrawn or when the sponsor is no longer a member of the club. Crew members must resubmit a new application with the sponsor’s signature after January 1 st of each year to renew their crew membership. Crew members in good standing shall have all obligations and privileges of intermediate members.
SECTION 3.05 HONORARY MEMBERS
Honorary membership may be conferred on individuals on an annual basis as the Board of Directors may decide. Honorary membership is open to individuals by reason of their official position, occupation or profession or for outstanding service to yachting. Honorary membership is not available to current members of the club. Honorary members in good standing shall have all privileges of social members.
SECTION 3.06 SOCIAL MEMBERS
Social members are non-boaters who wish to use the facilities of the cub for social purposes. They must be sponsored by a regular member of the club and with the exception of owning a boat, they must satisfy all the qualifications for regular membership.
Social members in good standing shall enjoy all the privileges and carry the burdens of regular members, except they may not vote, hold office, execute petitions, request special meetings, make motions, or formally participate in debate.
SECTION 3.07 SENIOR MEMBERS
Any regular member in good standing, who has been such for 20 consecutive years, who has served at least one term on the Board of Directors and who has attained the age of 65 years as of the date of application, shall be eligible for senior membership. The number of senior members shall not exceed six percent of the regular members of the club as of the last day of the previous fiscal year. Provided, however, that a reduction in the number of regular members in any year shall not deprive an existing senior member of such status.
Where the number of applicants for senior member, if all granted, would exceed the maximum number of senior members authorized for a given year, the applications shall be granted based upon the applicant’s date of birth, the oldest being given preference.
Senior members in good standing shall have all the obligations and privileges of regular members, except they may not hold office and they are relieved of the obligation to pay annual dues
SECTION 3.08 EMERITUS MEMBERS
Any past or present Life or Senior Members and any past commodore who no longer owns a yacht and who no longer actively and regularly participates in yachting, upon application, shall be admitted to “Associate Emeritus” status.
Such members shall have all privileges of associate members without the obligation to pay annual dues nor to comply with minimum spending requirements.
SECTION 3.09 AFFILIATE MEMBER
Any yacht co-owner(s) or partner(s) who has attained 21 years of age shall be eligible for affiliate membership provided one of the co-owners or partners is a regular, life, or member in good standing. The regular, life or senior member must sponsor the affiliate member. Affiliate members in good standing shall have all the privileges and obligations of social members. Affiliate membership will terminate at the end of the year in which the sponsor is no longer a member of the BPYC
SECTION 3.10 TIMESHARE FLEET MEMBER
The owner of a timeshare fleet in Burnham Harbor may apply for a timeshare fleet corporate membership. The timeshare fleet corporate membership will have an initiation fee and annual dues based upon the number of boats they have in Burnham Harbor. The timeshare fleet corporate member in good standing shall have all the obligations and privileges of a regular member.
Timeshare fleet individual members must be assigned to a boat in Burnham Harbor and be sponsored by their fleet corporate member. Timeshare fleet individual membership is not available to any person owning or having an interest in any yacht moored within 35 miles of the clubhouse. Timeshare fleet individual members in good standing shall have all the privileges of social members. These seasonal members must resubmit a new application with their sponsor’s signature each year to renew their timeshare fleet individual membership.
SECTION 3.11 MARINE INDUSTRY CORPORATE MEMBER
Any Owner, CEO or President of a local yacht sales company , yacht yard, business that services the marine industry or any other yacht organizations as the Board of Directors may deem appropriate, shall be eligible for a Marine Industry Corporate |Membership. Members in good standing shall have the right to cast one vote, to hold office or to execute petitions, to request special meetings , to present motions and shall be entitled to all the privileges and obligations of the club. A Marine Industry Corporate Member’s employee may apply for crew membership and would be eligible to use the facilities as a Section 3.04 Crew Member with the same fees, privileges and limitations.
Article IV — Privileges and Benefits of Membership
SECTION 4.01 MEMBER’S PROPERTY RIGHTS
Only regular, life and senior members shall have rights or interest in the property of the BPYC and then only in the event of dissolution of the club. All rights and interests of members shall end upon the death of the member or termination of their membership. The rights and interest of regular, life and senior members is neither alienable nor divisible in any manner or under any circumstances. Subject to all other provisions contained herein, all members of the club are entitled to all general privileges customary for yacht club members.
SECTION 4.02 USE OF QUARTERS
The use of club facilities, quarters and grounds is restricted to club members. Use of the clubhouse may be authorized by the chairman of the house committee or the club manager from Oct. 15 to May 15 for meetings or member sponsored functions, provided they do not conflict with any use set forth by the Board of Directors. A representative of the BPYC must be present at such functions and meetings to monitor the use of the club’s facilities. During the boating season of the clubhouse or the docks or grounds for a private function or meeting must have the approval of the Board of Directors or the commodore.
SECTION 4.03 TRANSFER OF MEMBERSHIP
Membership in the BPYC is neither transferable nor assignable.
SECTION 4.04 MEMBERS IN ARMED SERVICES
Members who enter the armed services and are on active service shall have their class of membership continue until the end of their active service without payment of annual dues and assessments.
SECTION 4.05 USE OF MAILING LIST
The use of the club mailing list is restricted to the commodore, secretary, treasurer, Women’s Auxiliary and chairmen of appropriate committees for club purposes only.
SECTION 4.06 MEMBERSHIP RIGHTS FOR SPOUSES OF DECEASED MEMBERS
Upon the death of any member, such member’s spouse may retain, in the surviving spouse’s sole name, any and all membership rights of the deceased member without further application provided that from and after the member’s death the surviving spouse pays all annual dues, minimum spending and other charges owed for the class of membership.
If the surviving spouse is a member of the Women’s Auxiliary and such surviving spouse, does not retain or acquire an interest in a yacht moored with 35 miles of the clubhouse, such surviving spouse, upon application, may remain a member of the Women’s Auxiliary and be entitled to all of the membership benefits of an Associate Member Solely upon payment of annual dues to the Women’s Auxiliary, except that compliance with minimum spending shall be excused.
If a surviving spouse wishes to retain Associate Member status through the Women’s Auxiliary, as provided herein, a twelve (12) month grace period will be allowed during which time yacht ownership shall not bar such status.
Article V — Obligations of Members
SECTION 5.01 GENERAL PRINCIPLES
The success of the club shall depend upon all members making appropriate financial contribution for the support of the club and upon all members actively participating in the affairs of the club. The success of the Club shall further depend upon all members acting in accord with standards of conduct appropriate to the yachting community.
SECTION 5.02 INITIATION FEES
Any person being admitted to membership shall pay such initiation fee as may be established from time to time. Initiation fees need not be uniform among the various categories of membership. The current schedule of initiation fees is attached to these By-Laws as Appendix A.
The then current schedule of initiation fees can be amended through the Budget Process or at a special meeting, provided twenty-one (21) days notice is mailed to all members eligible to vote at such meeting.
The Board of Directors is authorized to reduce, prorate or waive initiation fees in connection with a planned membership drive, without general membership approval.
SECTION 5.03 ANNUAL DUES
All members shall pay annual dues as may be established from time to time by the Board of Directors. Annual dues need not be uniform among the various categories of membership. The current schedule of annual dues is attached to these By-Laws as Appendix B.
The Board of Directors cannot increase annual dues for any one year by more than 10 percent over the preceding year unless such increase is approved by a majority vote of all members eligible to vote who attend a meeting after notice of the proposed increase (and the maximum amount of the proposed increase) was sent to all members at least twenty-one (21) days prior to such meeting.
The schedule of annual dues may also be amended by a majority of the membership through the annual budget process or at a special meeting provided appropriate notice is provided, except that annual dues cannot be decreased without the joint approval of the Board of Directors and the membership.
For all persons being admitted to membership prior to January 1, 1992, annual dues are payable, each year, in advance, on November 1. For all persons being admitted to membership after January 1, 1992, dues shall be payable each year, in advance, on the first of the month in which the member was admitted.
SECTION 5.04 SPECIAL ASSESSMENTS
The Board of Directors is authorized to levy a special assessment once per fiscal year, for not more than 10 percent of the current year’s dues, for all dues paying and life members, for extraordinary or unexpected matters.
In addition to the foregoing, the club may, by majority vote by secret ballot of regular members present at any regular or special meeting, levy an assessment upon the regular, associate, intermediate, life, crew, one-design and social members of the club, provided that notice of the proposed assessment (and the maximum amount of the proposed assessment) is sent to members 21 days prior to the meeting and that the proposed assessment is stated in the secretary’s call for the meeting.
The treasurer shall mail each regular, associate, intermediate, life, one-design, crew and social member a notice of the amount of their assessment and the date on which it is payable.
SECTION 5.05 MINIMUM MONTHLY SPENDING
Each member shall be obligated for a minimum amount of monthly spending. The current monthly minimums for the various categories of membership are attached hereto as Appendix C.
The club may, by majority vote by secret ballot of regular members present at any regular or special meeting amend the amounts of minimum spending provided that notice of the proposed change (and the maximum amount of the proposed change) is sent to members twenty-one (21) days prior to the meeting and is stated in the secretary’s call for the meeting, except that minimum spending cannot be decreased without the joint approval of the Board of Directors and the membership.
SECTION 5.06 DELINQUENTS
Notice of the amount of indebtedness due the club by the member shall be mailed by the treasurer to each member on the first day of each month, or as soon thereafter as may be practicable. If the account of any member remains unpaid 60 days after such notice has been mailed, said member shall no longer be in good standing and the member’s name may be posted by the treasurer on the bulletin board of the club with a statement of the amount of past due indebtedness.
Notice of posting of the member’s name shall be mailed to the member on the day of such posting. The posted member’s credit shall be automatically suspended together with all privileges of the club, including racing, until the indebtedness shall be paid. In addition, a carrying charge as established by the Board of Directors shall be added to the member’s bill from this time on.
If the member’s indebtedness remains unpaid by the first day of the following month after notice of posting and suspension of privileges has been mailed, their membership in the club shall thereupon cease and be forfeited, as the Board of Directors shall decide.
A member whose membership is terminated due to delinquency may be reinstated, on recommendation of the membership committee, by a two-thirds affirmative vote of the Board of Directors, upon payment of the indebtedness, the dues which would have accrued had the member’s good standing been uninterrupted, and such reasonable reinstatement fees as the Board of Directors shall establish.
Mail sent to the last known address of the member, as same is reflected on the official membership roster of the club, shall be proper notice. No contested amount shall be regarded as an indebtedness for the purpose of this section provided the uncontested amount is paid.
SECTION 5.07 PAYMENTS TO CLUB MEMBERS
In the event a club member provides, to, or on behalf of the club, goods, services, labor, materials or any other tangible or intangible thing or benefit, it shall be presumed that the club member intended such as a contribution without expectation of reimbursement of compensation, unless such payment is approved, in advance, by the Board of Directors.
No contract shall be made with a member of the club unless such is approved, in advance, by the Board of Directors.
This section shall not be construed to limit or prevent reimbursement for actual expenses advanced to any business or entity with which the member has no rights of ownership or control.
The commodore, in the event of an emergency, may enter into such agreements or undertake such obligations as he deems necessary, this section notwithstanding and as otherwise provided in these bylaws.
SECTION 5.08 COSTS, EXPENSES AND ATTORNEY’S FEES
As a condition of membership, each member agrees for himself, his heirs, administrators and assigns, to pay all the costs of collection, including court costs, expenses and reasonable attorney’s fees, for trial, collection and appeals, incurred by the BPYC in an effort to collect indebtedness due it by the member.
Article VI — Member Meetings
SECTION 6.01 ANNUAL MEETING
The annual meeting of the members shall be the first Friday of October of each year for the purpose of electing directors, officers and such other business as may come before the meeting. If such day is a legal holiday, the meeting shall be held the following Friday.
SECTION 6.02 BUSINESS AND SOCIAL MEETINGS
Business meetings of the members shall be on the first Friday of the months of November, February, April, June, September and October except as otherwise decided by the board. The members at any business meeting of the club may, by motion duly called and carried by a two-thirds vote, adopt resolutions and motions relating to and providing for club activities and policies.
The September meeting shall be devoted primarily to the budget for the next fiscal year. The Board of Directors shall present the budget for the coming fiscal year in the form of a resolution for adoption and approval by the members. The budget shall include the structure of fees, dues and other membership charges.
Social meetings will be held on the first Friday of December, March, May, July and August and as may be decided by the Board of Directors.
SECTION 6.03 SPECIAL MEETINGS
Special meetings may be called upon the written request of 20 regular, senior or life members. A request for a special meeting shall be submitted to the secretary in writing and must state the purpose for which the meeting is being called. No business other than
that stated in the request shall be transacted at a special meeting. Special meetings shall not be called for a Sunday or legal holiday.
SECTION 6.04 QUORUM
At any business, social or special meeting of the members, fifteen percent (15%) of the regular, senior and life members in good standing on the last day of the month preceding the meeting shall constitute a quorum. A quorum is presumed unless challenged. A quorum challenge shall be made at the start of the meeting prior to the transaction of any business.
SECTION 6.05 CONDUCT OF MEETINGS
All members’ meetings shall be conducted in accordance with Robert’s Rules of Order, which shall also be the authority for all procedural matters not addressed by these bylaws or by prior action of the Board of Directors.
SECTION 6.06 NOTICES
Written notice stating the date, place and time of any meeting of members shall be mailed by the secretary to each member entitled to vote at such meeting at least the number of days in advance as stated in the following:
business and social meetings: 5 days;
special meetings: 7 days;
meetings to appeal a sentence of the Board of Directors per Section 7.04: 7 days;
meetings for elections: 10 days;
meetings to amend the bylaws: 10 days;
meetings to amend dues or minimum spending, or meetings for special assessments: 21 days;
meetings for elections following a vacancy of an elected office: 21 days.
In the case of a special meeting, or where required by statute or by these bylaws, the purpose for which the meeting is called shall be stated in the notice.
No notice shall be mailed more than 60 days before a meeting and such notice shall be deemed delivered when deposited in the United States mail addressed to the member at their address as it appears in the records of the club, proper postage prepaid. The time of notices shall be computed from 11:59 p.m. of the day of the postmark.
Notice which is included with a newsletter mailing, as is currently done with On The Wind shall constitute sufficient notice for all purposes under this Section 6.06.
Article VII— General Membership Provisions
SECTION 7.01 GENERAL QUALIFICATIONS FOR MEMBERSHIP
Membership in the club is open to anyone who meets the membership criteria established in these several bylaws and no applicant shall be rejected on the basis of sex, religion, color, race, creed or national origin.
SECTION 7.02 APPLICATION FOR MEMBERSHIP
The Board of Directors shall consider the applications of all new members, changes from one class of membership to another as well as requests for reinstatement following a loss of good standing or resignation. All applications for membership change or reinstatement shall be presented to the Board of Directors by the membership chairman, or if absent; by a member of the membership committee.
The Board of Directors may approve or reject applications for membership, in its sole discretion, provided, however, that the Board of Directors shall conform with these bylaws and all applicable laws of all governments having jurisdiction over the club. All applications for membership must be signed by a regular member in good standing as a sponsor. Applications for change of status or reinstatement need only be signed by the member, except as otherwise may be provided herein.
SECTION 7.03 RESIGNATIONS AND REINSTATEMENTS
Members in good standing wishing to resign from the club may do so by filing a letter of resignation with the secretary. Members not in good standing may not resign until their good standing has been restored.
At the time their letter of resignation has been delivered, the member must also surrender to the secretary or club manager, all keys, cards and any other club property that may be in their possession. It is the obligation of the resigning member to obtain a receipt for the surrendered property. All property rights in the club cease upon resignation. Resignations shall become effective upon acceptance of same by the Board of Directors, provided that the member is in good standing at the time.
Any member who was in good standing at the time of their resignation, who returned all keys, cards and property to the club in conformity herewith may again become a member without payment of an initiation fee. Applications for renewal of membership shall be processed as in the case of new members.
Provided, however, any resigned member who seeks to reinstate membership less than one year after resignation shall only be reinstated upon payment of all amounts as would have been due, including minimum spending, had there been no resignation.
SECTION 7.04 FINES, CENSURE, SUSPENSION AND EXPULSION
Members may be fined, censured, suspended or expelled from the club for violation of these bylaws, flagrant violations of club rules, for conduct unbecoming a yacht club member or for action injurious or prejudicial to the welfare of the club. Fines or penalties shall be levied and enforced only after a trial and conviction at a regular or special meeting of the Board of Directors. An affirmative vote of a majority of the directors present shall be sufficient to convict an accused.
The accused shall have ten (10) days written notice, sent to the last known address of the member by registered mail as same is reflected on the official membership roster of the club. The notice shall specify the charges upon which they are to be tried and of the time and place of the trial. The accused member shall have the right to be present in person and by counsel of their choosing and defend themselves as they see fit.
A member convicted by the Board of Directors may appeal to the club members. An appeal shall be in writing and directed to the secretary within 10 days of conviction.
Notice of the appeal and a copy of the appeal shall be mailed to all regular members by the convicted member. A two-thirds favorable vote of the members at the next business meeting will be necessary to reverse the conviction and to restore the convicted member’s good standing in the club.
Any fines levied shall constitute indebtedness to the club.
Article VIII — Budget Process and Financial Procedures
SECTION 8.01 GENERAL PRINCIPLES
The officer and Board of Directors receive revenues from the membership for the advancement and best interests of the membership and the club, as a whole. The philosophy of these bylaws is that the officers and directors are to serve and represent these interests.
SECTION 8.02 ANNUAL BUDGET
The annual budget provided the basic authority for the expenditure of club funds. The officers and board shall strive to avoid the expenditure of club funds except as is consistent with the approved budget.
The foregoing shall not preclude the Board of Directors from expending funds in emergencies or to respond to unanticipated circumstances except as otherwise restricted by these bylaws. The board may delegate this authority to the commodore.
ECTION 8.03 GENERAL LIMITATIONS
Club funds may not be spent by any officer, committee or member unless duly authorized by the Board of Directors. The Board of Directors shall let no contract or make any purchases above the sum of $10,000 without authorization of a majority of the members present at any regular or special meeting, unless such expenditure was anticipated by or is consistent with the budget. The proposed expenditure must be given as an item to be discussed in the secretary’s notice of the meeting.
SECTION 8.04 PREPARATION OF ANNUAL BUDGET
Each year, the treasurer and the finance committee shall prepare a budget for the upcoming fiscal year. Such budget shall be sufficiently detailed so that the incoming Board, officers and finance committee members can readily discern the intent of the membership. Such budget shall contain at least the following:
A. Establish the schedule of annual dues and minimum spending and project anticipated revenues arising therefrom;
B. Specify all anticipated sources of revenue from operations, such as Bar & Galley, docks, gas sales and all other areas of operation and project anticipated revenues or losses arising therefrom;
C. Establish general categories of expenditures and allocate revenues to match such expenditures. Expenditures shall be stated in sufficient detail to allow the preparation of budgets of the various committees.
D. Nothing contained in these bylaws shall be construed to prohibit the inclusion of discretionary funds. If the budget so states, any amount may be allocated to be spent solely at the discretion of an officer, the Board of Directors or any committee or any combination thereof.
E. Any budget which is approved by the membership, described shall be conclusively presumed to have satisfied the requirements of this Section 8.04 and shall not be subject to subsequent challenge.
SECTION 8.05 ACTIVE OPERATIONS
In the event an area of operations produces revenue in excess of that anticipated by the budget, related expenditures may exceed the budget, by a proportional amount, without further approval.
SECTION 8.06 REPORT ON MEETING BUDGET GOALS
Each year, the outgoing treasurer, with the assistance of the finance committee shall report to the membership how actual figures compared with budgeted figures, such report to be presented no later than the December general meeting.
Article IX — Board of Directors
SECTION 9.01 BOARD OF DIRECTORS
The Board of Directors shall consist of the following officers and directors: commodore, vice commodore, rear commodore, secretary, treasurer, the two most immediate past commodores who are willing and able to serve, two 2year directors, seven 1year directors and the Women’s Auxiliary liaison.
Directors will be designated by the year in which their term of office expires. Two-year director’s terms shall be staggered to permit election of one two-year director each year.
SECTION 9.02 AUTHORITY OF THE BOARD
The Board of Directors has the responsibility to control, supervise and manage club property and committees, to see that all collections, disbursements, purchases and other financial transactions are carried out in a proper manner, and to make such rules and regulations, not otherwise covered in these bylaws, that they may deem necessary and proper.
SECTION 9.03 MEETINGS
The Board of Directors shall meet at least once every month on the second Tuesday following the first Friday of the month, except as they may otherwise decide. Special meetings may be held as the commodore deems necessary, or upon written request of two member of the Board of Directors.
SECTION 9.04 QUORUM
At any meeting of the Board of Directors, a majority of the board shall constitute a quorum.
SECTION 9.05 CONDUCT OF MEETINGS
Meetings shall be conducted in accordance with Robert’s Rules of Order, which shall also be the authority for all other procedural matters not covered by these by-laws or by prior action of the board.
SECTION 9.06 NOTICES
Written notice stating the date, place and time of any meeting of the Board of Directors shall be mailed by the secretary to each member of the board at least three days before any regularly scheduled meeting and at least seven days before any special meeting.
In the case of a special meeting, or where required by statute or these by-laws, the purpose for which the meeting is called shall be stated in the notice. All other notices not specified in these bylaws or by the Board of Directors shall be at the discretion of the secretary.
The notice of a meeting is deemed delivered when deposited in the United States mail addressed to the member at their address as it appears in the records of the club, proper postage prepaid. The time of notices shall be computed from 11:59 p.m. of the day of the postmark.
SECTION 9.07 ABSENCE
Any officer or director who is absent from three meetings of the board without an excuse that is satisfactory to the majority of the board, shall be deemed to have resigned, and the office shall automatically be declared vacant.
SECTION 9.08 AUDITS AND INSURANCE
It shall be the duty of the board to have the books of the treasurer audited at the
close of the fiscal year. The audit report shall include a statement of the cash received and disbursed, a profit and loss statement and a balance sheet. It shall also be the duty of the Board of Directors to see to it that all persons handling club property or funds or who are its agents, servants or employees are covered by insurance, in such forms and with such limits as they see fit.
SECTION 9.09 GENERAL POWERS
Questions and issues not addressed by these bylaws shall be determined by the Board of Directors.
Article X — Officers and Committee Chairmen
SECTION 10.01 ELECTIVE OFFICES
The elective offices of the club shall be, in descending order of rank: commodore, vice commodore, rear commodore, secretary, treasurer, two-year directors and one-year directors. To be eligible for nomination to the office of commodore, the nominees must have served on the Board of Directors for three years; for the office of vice commodore, the nominees have served on the board for two years; and for the office of rear commodore, they must have served on the Board of Directors for one year. The secretary and treasurer shall have been members of the BPYC for at least one year prior to their election.
No member shall be eligible for nomination to a two-year directorship who has not served at least one year on the Board of Directors. All officers and directors shall hold office until their successors are elected and qualified.
No candidate shall be eligible for election unless nominated in the manner prescribed by these bylaws. Candidates may run for only one office.
SECTION 10.02 APPOINTED OFFICES
The commodore shall appoint a judge advocate, measurer, power fleet captain, sail fleet captain, fleet surgeon and fleet chaplain.
SECTION 10.03 COMMITTEES
The chairman of the following committees shall be appointed by the commodore at the first meeting after the commodore’s installation: house, bar and galley, docks and grounds, program, regatta, publicity, park relations, membership, finance, On the Wind, juniors, planning and other such committees as the commodore and Board of Directors desire to create.
The chairman of each committee shall appoint at least two members to their committee from outside the Board of Directors. The chairman of house, bar and galley, docks and grounds, regatta and membership committees shall be members of the Board of Directors.
SECTION 10.04 LIMITS ON THE AUTHORITY OF COMMITTEES AND MEMBERS
No committee or member of the club has the power or authority to, nor shall they, obligate the club to pay out money for any purpose in excess of the sum appropriated for that purpose by the Board of Directors consistent with the budget. Any committee member or club member who attempts to create any obligation in contravention of this section or the express authorization of the Board of Directors shall be personally responsible for its payment and shall reimburse the BPYC for such unauthorized expenditures. Any unauthorized obligation created by a committee or committee members or a club member shall constitute indebtedness by the member or members to the BPYC.
SECTION 10.05 DELEGATES TO THE L.M.Y.A.
Delegates to the Lake Michigan Yachting Association (L.M.Y.A.) shall be elected by the Board of Directors at their October meeting. One alternate sail and one alternate power delegate shall be elected by the board at the same time. Delegates will be responsible for representing the club at the L.M.Y.A. and shall report to the commodore.
SECTION 10.06 DELEGATES TO THE L.M.S.R.F.
Delegates to the Lake Michigan Sail Racing Federation (L.M.S.R.F.) shall be elected by the Board of Directors at their October meeting. One alternate delegate shall be elected by the board at the same time. Delegates will be responsible for representing the club at the L.M.S.R.F. and shall report to the commodore.
Article XI — Elections
SECTION 11.01 ANNUAL ELECTION
The annual election shall be held at the October regular meeting. Polls shall be open from 4 p.m. until 9 p.m. No candidate shall be eligible for election unless nominated in the manner prescribed by these bylaws.
SECTION 11.02 NOMINATING COMMITTEE
At its July meeting, the Board of Directors shall appoint a nominating committee. This committee shall be comprised of three members of the Board of Directors or past commodores and six regular or life members who are not members of the Board of Directors nor are a past commodore and who have been members of the club for at least one year. The secretary shall notify all regular and life members of the appointments to the nominating committee by posting a list of appointees on the club bulletin board.
The nominating committee shall convene at the earliest possible date to elect a chairman. The nominating committee shall thereafter meet as required to establish a slate to fill all offices of the club to be elected at the next annual election. No member of the nominating committee shall be eligible to be slated for office by it.
The secretary shall furnish the committee with a record of attendance of all officers and board members at all meetings and shall furnish any other such information regarding attendance at meetings as the committee may request and which the secretary may possess. The committee shall establish its own rules.
Ten days prior to the September members’ meeting, the chairman of the nominating committee shall certify the slate selected to fill all the offices to be elected at the annual election. A copy of the slate shall be mailed to all regular, life and senior members at least fifteen (15) days prior to the October annual meeting. A copy of the proposed slate shall be posted on the club bulletin board.
SECTION 11.03 ADDITIONAL NOMINATIONS
In any election, 25 regular or life members in good standing may nominate an eligible candidate by filing with the secretary, not less than 20 days prior to the election, the name of such candidate and the office for which they are nominated.
SECTION 11.04 BALLOT
The secretary shall prepare a ballot containing a list of the offices to be filled at the election and the names of the nominees for each office.
Ballots shall be in the following form:
A. The office shall be listed in order of rank as provided in these bylaws.
B. Under each office shall appear, in alphabetical order by surname, the names of all nominees. the nominees may indicate the manner in which they wish to be listed, there being no prohibition to the using of nicknames or abbreviated first names.
C. At the left hand margin the ballot shall contain an appropriate space, either a circle or box, for the electorate to mark their vote.
D. Sample ballots shall conform to the above but, in addition, shall bear the legend “Sample Ballot” and shall not be used in the election.
SECTION 11.05 ABSENTEE BALLOT
Any member who is unable to attend an election may request an absentee ballot from the secretary by mail. Such a request shall be postmarked not less than 10 days before the election.
The secretary shall promptly send the member a ballot, a return envelope addressed to the secretary, and a small enclosure envelope having on its face the member’s name, address and a place for his signature.
Upon receipt of these forms, the member will fill in the ballot, fold it, seal it in the enclosure envelope and sign the face of the envelope. The completed ballot and envelope shall be mailed to the secretary in the return envelope and must be received by the secretary before the opening of the polls.
The secretary shall deliver all mail ballots in their sealed envelopes to the election committee and receive a receipt for them. At the closing of the polls, the ballot envelopes shall be opened and the folded ballots dropped into the ballot box to be counted with the rest of the votes.
If any member voting by absentee ballot is able to attend the election, he may request that his mail ballot be destroyed and he may then vote in the regular manner.
SECTION 11.06 ELECTION COMMITTEE
Five days prior to any election, the commodore shall appoint an election committee of three regular or life members to conduct the election. Neither members of the nominating committee nor members standing for office are eligible to serve on the election committee.
SECTION 11.07 ELECTION REQUIREMENTS
The nominee receiving the greatest number of votes cast for each office shall be elected to that office. A member may cast only one vote for any one office to be elected.
In the case of a tie, a runoff election shall be held at the next member meeting. The secretary shall notify all members of the election fifteen (15) days prior to same indicating the office to be elected and the names of the nominees.
SECTION 11.08 MANAGEMENT OF ELECTIONS
The treasurer shall furnish the election committee with a list of members eligible to vote. The election committee shall have full charge of the election, issue the ballots, check the eligibility of each voter, register the name of each voter and after the polls are closed count the ballots. They shall deliver to the secretary, the evening of the election, a certified statement of the results of the election, signed by all members of the committee present.
SECTION 11.09 UNCONTESTED ELECTIONS
In the event that the slate presented by the nominating committee is uncontested, the secretary is authorized to and shall cast all members’ votes for the slated nominees.
SECTION 11.10 NOMINATION TO FILL VACANCIES
In the event of a vacancy in any elective office, the Board of Directors shall nominate a candidate for each vacancy. The secretary shall post a notice of the vacancy, offices
and nominees on the club bulletin board at least thirty (30) days prior to a special election to fill same. A copy of the notice shall be mailed to all eligible members by the secretary. Members may nominate a candidate to fill any vacancy following the procedure described in section 11.03 hereof.
SECTION 11.11 INTERIM APPOINTMENT
Except in the case of vacancies in the offices of commodore or vice-commodore, the Board of Directors may appoint members to fill the vacant office until such time as a special election is held. Vacancies in the office of commodore or vice-commodore shall be filled by the vice-commodore and rear commodore, respectively, until such time as a special election is held.
SECTION 11.12 TERM OF OFFICE
All officers and directors elected as provided herein shall be installed in their respective offices at the next members’ meeting following their election. All persons elected to vacancies shall serve out the unexpired term of the office.
Article XII — Officers
SECTION 12.01 COMMODORE
The commodore is the chief executive officer of the club. He shall appoint all chairmen of committees. He shall be responsible to the board for the active and productive functioning of the committees and see that they comply with the bylaws and any rules of the house, bar and galley and docks that may apply and to any resolutions, guidelines or directives of the Board of Directors. The commodore shall preside as chairman at meetings of the members and of the Board of Directors and shall call special meetings of the board when he deems it necessary.
The commodore shall command the club squadrons and shall be official representative of the BPYC at all events. The commodore shall prepare, no later than the annual meeting, a summary of the events and progress made during his term, which shall become part of the permanent records of the club. He shall be an ex officio member of all committees, except the nominating committee. He shall be a delegate to the Chicago Yachting Association.
SECTION 12.02 VICE COMMODORE
The vice commodore shall assist the commodore in the performance of his duties as the commodore may direct and shall have such other duties as are assigned to him by the commodore and the Board of Directors. In the absence of the commodore, or in the face of the refusal of the commodore to act, the vice commodore shall perform the duties of that office.
SECTION 12.03 REAR COMMODORE
The rear commodore shall assist the commodore and the vice-commodore in the performance of their duties as the commodore or the vice commodore may direct and
shall perform such other duties as are assigned by the Board of Directors. In the absence of the vice commodore, or in the face of the refusal of the vice commodore to act, the rear commodore shall perform the duties of that office.
SECTION 12.04 SECRETARY
It shall be the duty of the secretary to conduct the correspondence of the club, send out all notices required by the bylaws, and to record in a permanent form the minutes of all regular and special meetings of the board and of the members.
The secretary shall maintain a complete and accurate list of all members in good standing.
The secretary shall notify all members of their election to office and honorary members that their names are entered on the club’s roster. The secretary shall receive all requests for resignation from members, shall bring their requests to the board for action and notify members of the disposition of their requests. The secretary shall present the nominating committee with a record of officer’s and board member’s attendance at meetings.
The secretary shall be responsible for completing the BPYC’s annual report to the secretary of state. The secretary shall have custody of the official club seal and shall be responsible for affixing it to such documents as required. The commodore may appoint an assistant secretary, with the concurrence of the secretary and the approval of the Board of Directors.
SECTION 12.05 TREASURER
It shall be the duty of the treasurer to receive all revenues of the club from whatever source, to give receipts therefore, to pay all bills which have been properly authorized by the Board of Directors our of funds available for that purpose and to render a monthly statement to each member who is indebted to the club showing such member’s indebtedness.
The treasurer shall keep a full and accurate account of all receipts and disbursements in permanent form.
The treasurer shall prepare and forward tax returns and payments as required by Federal and state law. Upon request of the board, the treasurer shall open such books for their inspection and exhibit proper vouchers for all disbursements. A written report on the current financial condition of the club on an approved form will be submitted at each members’ and board meeting and filed with the secretary. The treasurer may establish credit limits for individual members.
As soon as it is convenient after the end of the BPYC’s fiscal year, the treasurer’s books shall be audited and a full financial report, including a balance sheet, and an income and expense statement shall be mailed to all members of the Board of Directors. A copy of the financial report will be available to any member who requests it.
All treasurer’s reports shall be filed with the secretary as part of the permanent record of the club.
The commodore may appoint an assistant treasurer with the concurrence of the treasurer and the approval of the Board of Directors.
SECTION 12.06 JUDGE ADVOCATE
The judge advocate shall act as counsel to the directors and officers for club matters that may be referred to him. The judge advocate shall be an attorney licensed in the state of Illinois.
SECTION 12.07 MEASURER
It shall be the duty of the measurer, with proper certification, to perform measurements for racing rules and to serve as an advisor on measurement changes that might influence ratings.
SECTION 12.08 SAIL FLEET CAPTAIN
The sail fleet captain shall coordinate all of the sail fleet activities and shall, together with the power fleet captain, constitute a committee to organize and support all combined fleet activities and the annual fleet review.
SECTION 12.09 POWER FLEET CAPTAIN
The power fleet captain shall coordinate all of the power fleet activities and shall, together with the sail fleet captain, constitute a committee to organize and support all combined fleet activities and the annual fleet review.
SECTION 12.10 REGATTA CHAIRMAN
The regatta chairman shall be the chairman of the race committee.
SECTION 12.11 HISTORIAN
The commodore shall be his own historian and shall file the records of the club activities with the secretary.
Article XIII — Committee Duties
SECTION 13.01 HOUSE COMMITTEE
The house committee shall:
A. Maintain the clubhouse, facilities, equipment and the security thereof.
B. Enforce all rules governing conduct in the club and use of club property.
C. Establish, in conjunction with the finance committee, an annual budget.
D. Provide the treasurer and finance committee all such reports and information they may require.
SECTION 13.02 BAR AND GALLEY COMMITTEE
The bar and galley committee shall:
A. Establish policies and procedures for the operation of the bar and galley.
B. Establish, in conjunction with the finance committee, an annual budget.
C. Maintain, repair and replace furniture and fixtures used in the bar and galley.
D. Be responsible for the sanitary conditions and cleanliness of the bar, galley, heads and other interior portions of the clubhouse.
E. Post on the club bulletin board a notice of any limitation on the members’ use of club facilities two weeks prior to same.
F. Provide the treasurer and finance committee all such reports and information they may require.
SECTION 13.03 DOCKS AND GROUNDS COMMITTEE
The docks and grounds committee shall:
A. Maintain the equipment, supplies and inventory used in connection with the docks and grounds.
B. Establish and enforce all rules governing the use of the docks, crane, grounds, tender and outside sales.
C. Provide the treasurer and finance committee all such reports and information they may require.
D. Establish, in conjunction with the finance committee, an annual budget.
SECTION 13.04 PROGRAM COMMITTEE
The program committee shall:
A. Select, plan and arrange for the dates of all general activities of the club other than those activities under the jurisdiction of some other committee.
B. Provide such educational programs as the committee shall deem appropriate.
C. Provide programs for members’ social meetings.
D. Organize special club functions.
E. Establish, in conjunction with the finance committee, an annual budget.
SECTION 13.05 RACE COMMITTEE
The race committee shall:
A. Organize all regattas sponsored by the club.
B. Provide for race circulars on the location of races, starting times, courses and other information necessary for racing.
C. Secure officials and personnel to work at all regattas sponsored by the club.
D. Hire paid staff to handle club series races.
E. Provide the proper equipment, boats, marks, etc., necessary to run regattas.
F. Enforce all racing rules, and to shorten, postpone or cancel a race.
G. Establish a protest committee.
H. Report the results of all regattas and club series races to the publicity committee and shall keep a permanent record thereof.
I. Establish, in conjunction with the finance committee, an annual budget.
SECTION 13.06 PUBLICITY COMMITTEE
The duties of the publicity committee shall be to provide the public, press and yachting periodicals with advance details of regattas, and with such information concerning the affairs of the club as may be of interest to the public and of benefit to the club. It shall also be the duty of the committee to secure suitable photographs of the club activities, regattas, open house and as may be of general interest.
SECTION 13.07 NOMINATING COMMITTEE
The nominating committee shall make up a slate to fill all of the elective offices of the club in annual election as provided in these bylaws. The nominating committee chairman and members shall serve until the certified slate of candidates has been delivered to the secretary.
SECTION 13.08 PARK RELATIONS COMMITTEE
The chairman of the park relations committee shall be the BPYC’s official representative to the park district. It shall be their duty to maintain liaison with the park district, to bring the park district’s point of view before the Board of Directors and the membership, and to present the club’s point of view and any club problems to the park district. No other club members are authorized to speak for the BPYC.
The commodore or his personally specified delegate shall be the chairman of this committee.
The name of the chairman of the park relations committee shall be given to the park district in writing by the secretary.
SECTION 13.09 MEMBERSHIP COMMITTEE
The membership committee shall:
A. Investigate and pass upon the qualifications of all candidates for membership and for reinstatement of membership and report their findings to the Board of Directors.
B. Encourage new membership and organize membership drives.
SECTION 13.10 PLANNING COMMITTEE
The planning committee shall:
A. Be responsible for long range planning for club facilities.
B. Propose all plans for remodeling or expansion of club facilities as well as decorating and furnishing.
C. Review all plans for alteration submitted by the house, bar and galley, or docks and grounds committees and make its recommendations to the Board of Directors. A plan, once approved by the Board of Directors, may not be altered by this or any other committee unless such alteration is also approved by the Board of Directors. The planning committee shall consist of seven members. The Board of Directors shall initially appoint four members: one for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year. The commodore shall appoint two additional members for a term of one year each. The Women’s Auxiliary shall appoint one member of the Women’s Auxiliary for a term of one year. Thereafter, each year, the commodore shall appoint a member for a term of four years and two members for a term of one year each. The Women’s Auxiliary shall appoint a member for a term of one year.
SECTION 13.11 FINANCE COMMITTEE
The finance committee shall:
The finance committee shall:
A. Supervise the finances of the club.
B. Prepare a budget each year.
C. Originate and prepare plans for short and long range financing. The treasurer shall be a member of the finance committee.
SECTION 13.12 ON THE WIND COMMITTEE
The On The Wind Committee shall:
A. Be responsible to publish the club’s newsletter on a monthly basis.
B. Gather club news and reports of activities.
C. Cooperate with all other committees and the commodore to insure accurate advance publicity is given to all club activities and programs. A copy of each issue of On The Wind is to be filed with the secretary.
SECTION 13.13 JUNIORS COMMITTEE
The juniors committee shall:
A. Familiarize junior members with the club bylaws, house rules and yachting etiquette.
B. Provide instruction in sailing, general seamanship and the rules of the road.
C. Develop junior members into acceptable club members and proficient yachtsmen.
SECTION 13.14 NOTICE OF COMMITTEE CHAIRMAN
The names of the committee chairman shall be published in the On The Wind immediately after appointment, and a list of the committee chairman shall be continuously posted on the club bulletin board.
SECTION 13.15 WOMEN’S AUXILIARY
The Women’s Auxiliary shall be recognized as a committee of the Burnham Park Yacht Club, not a separate entity, for any and all purposes, including, but not limited to, taxation and insurance purposes.
As a Committee of the Burnham Park Yacht Club, the purpose of the Women’s Auxiliary shall be to organize its own events and maintain its own accounts and provide social opportunities for its members. It shall have the sole discretion to donate to charities of choice and propose capital improvements and or projects for the Club’s beautification. The Women’s Auxiliary shall propose to the Club’s Board of Directors, for approval, any projects that the Women’s Auxiliary would like to execute and pay for form the Women’s Auxiliary funds. The Women’s Auxiliary shall at all times have its own elected Board of Directors shall include a President, Vice President, Secretary and Treasurer.
SECTION 13.16 LIMITATIONS ON COMMITTEES
In addition to the limitations expressed elsewhere in these several bylaws, the activities and responsibilities of each of the foregoing committees is subject to the approval of the Board of Directors.
The amount of each committee’s budget shall be the maximum they are authorized to spend. Allocations made to committees shall not be a mandate to spend the amount budgeted.
Committee chairman, except as may be otherwise specified herein, shall serve for one calendar year.
Article XIV — Employees
SECTION 14.01 EMPLOYEES
The Board of Directors shall have the right to approve the hiring and firing of all employees of the club.
The following minimal rules shall apply to employees of the club. A copy of this section of the bylaws shall be provided to each employee of the club.
A. No employee shall be a member of, or related by blood or marriage to any member of the BPYC.
B. Employees may not use club facilities.
C. No employee shall use the club tender except for club purposes.
D. Absenteeism shall be grounds for dismissal.
E. Conduct unbecoming an employee of the club shall be grounds for dismissal.
F. Dress codes may be established by the respective committees and shall be adhered to.
G. All club property shall be returned to the club upon termination of employment. Subject to the approval of the Board of Directors, any committee may adopt any additional rules or requirements for employees. Other rules may be made and communicated to employees from time to time either orally or in writing.
SECTION 14.02 CLUB MANAGER
The BPYC may, from time to time, employ and discharge a full time club manager, as the Board of Directors shall decide. The club manager shall be responsible for the day to day operations of the club. The manager shall have such duties and responsibilities as the board may determine from time to time.
Article XV — Amendments
SECTION 15.01 AMENDMENTS
Any section of these bylaws, or any part, portion or the whole thereof, may be altered or amended by an affirmative two-thirds vote of all eligible members present at a meeting called to consider such alteration or amendment. Proposed alterations or amendments must be submitted, to the secretary, in writing, with the endorsement of at least 25 regular or life members in good standing at least fourteen (14) days prior to any regular business meeting of the club.
The secretary shall present such amendments to the membership at such regular meeting and shall make copies thereof available to any member who so requests. The proposed amendments shall thereafter voted on at the next following regular business meeting or at any special meeting called for that purpose.
Provided, however, that any proposed amendment shall be posted on the club bulletin board and a copy mailed to all regular and life members at least ten (10) days before being acted upon. The secretary’s call and notice for this meeting, whether a business or special meeting, will state that a proposed alteration or amendment to the bylaws is to come before the club members present for vote. A two-thirds vote of all eligible members present at this meeting shall be necessary to adopt the amendment. An amendment to such proposed amendments may be made from the floor if reasonably related to the subject matter of such proposed amendment, and must also be carried by two-thirds vote of all eligible voting members present.
An amendment that has been rejected shall not again be proposed within three months of its rejection.
SECTION 15.02 SUSPENSION OF BYLAWS
These bylaws may not be suspended at any time.