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Miami Yacht Club – Constitution

Miami Yacht Club, Inc.

Constitution

ARTICLE I – NAME

The name of the corporation is the Miami Yacht Club, Inc. (MYC), a non-profit corporation located at 1001 MacArthur Causeway, Miami, Florida, 33132.

ARTICLE II – PURPOSE

The MYC’s general nature, objectives, and purposes are as follows: To promote sailing, and to conduct and operate sailing events on the waters in and around Greater Miami, Florida, including Biscayne Bay, the Atlantic Ocean and the Miami River; to enact rules, regulations and by-laws for conducting the MYC’s affairs; to buy, own and/or lease such real estate as is necessary for the MYC’s objectives and purposes; and to do any and all other things necessary or incidental in carrying out the MYC’s objectives and purposes.

ARTICLE III – TERM

The MYC’s term is perpetual.

ARTICLE IV – CLUB BURGEE

The MYC’s burgee is a pointed flag, orange on the upper part and blue on the lower part, with a white waving stripe dividing.

ARTICLE V – QUALIFICATION FOR MEMBERSHIP

The qualification for MYC membership is limited to parties, whether individuals, organizations or societies, who are interested in boating and related social events. Members are to be admitted to the MYC upon donating to the MYC any sum not less than Ten Dollars ($10.00), which said initiation fee shall be determined from year to year by the MYC Board of Governors (the Board). The manner of admission to membership shall be under the rules and regulations and by-laws as determined by the Board.

ARTICLE VI – OFFICERS

The following officers shall carry out the policies of the MYC:

Commodore
Vice Commodore
Rear Commodore
Secretary
Treasurer

ARTICLE VII – MANAGEMENT

The Board of Governors (the Board) shall consist of the five Flag Officers, the Staff Commodore, and fifteen (15) Board Members. The Board shall have the authority to make any decision regarding all MYC business, except when in conflict or when contrary to U.S. and Florida General Law, the MYC Constitution or By-Laws. The Board’s Governors (except for the immediate past Commodore) shall be elected in equal groups whose terms shall be for three (3) years in such manner as the By-Laws may provide so that each year as equal a number as possible shall be elected for a term of three (3) years. The immediate past Commodore shall serve for one year as a Board Member in the position of Staff Commodore. If the Commodore is re-elected to a second consecutive term and as the Staff Commodore’s one-year term of office would expire at the same time, the Board shall select, from among the Active Members in good standing, a Staff Commodore by a majority vote at its first meeting.

ARTICLE VIII – VALUE

The amount in value of real estate that the MYC may hold, subject always to the approval of the Circuit Court of Miami - Dade County, Florida, shall not exceed Ten Million Dollars.

ARTICLE IX – CLASSES OF MEMBERS

There shall be the following classes of MYC members:

Honorary Members
Sustaining Members
Life Members
Honorary Life Members
Active Members
Associate Members
Family Members
Non-Resident Members
Junior Members
Intermediate Members
Business Members
Active Senior Members
Social Senior Members

Of the above, only Active, Active Senior, Life, Honorary Life Members, and one designated voter per Family Membership shall have the right to vote.

A quorum for any meeting at which the election of Officers shall take place shall consist of ten (10) percent of the eligible voting members.

ARTICLE X – ASSESSMENTS

The MYC shall be empowered to assess individual members for dues, dockage, strip rental, and for all services, goods, merchandise, etc., purchased by said members. Special assessments of voting members will be permitted with the approval of two-thirds vote of the Board and with the approval of the membership in the following manner:

The Board’s approval of the assessment, together with the amount thereof, to be considered; and a copy must be circulated to all Active, Active Senior, Life, Honorary Life Members, and Family Memberships prior to said meeting; and

Such assessment must be passed on two consecutive meetings of those members (Active, Active Senior, Life, Honorary Life, and the designated voter of each Family Membership), at which a quorum is present, by at least two-thirds vote of those present. At least one of such meetings may be a regular meeting provided, however, if a quorum shall not be present at a regular meeting at which such assessment is scheduled to be heard, then both meetings may be special meetings.

ARTICLE XI – INDEBTEDNESS

The highest amount of indebtedness or liability that the MYC may at any time subject itself shall not be over Five Million Dollars.

ARTICLE XII – BY-LAW CHANGES

The by-laws heretofore made shall continue in full force and effect unless altered, amended or rescinded in the following manner:

Posting such proposal at least fourteen (14) days prior to the meeting at which such amendment, alteration or revision is to be considered, together with circulating a copy of such to all Active Members prior to the said meeting.

Such amendment, alteration or revision of the by-laws to be passed on two consecutive meetings of the Active, Active Senior, Life, Honorary Life, and the designated voters of Family Members at which a quorum is present by at least two-thirds vote of the members present. At least one of such meetings may be a regular meeting provided, however, if a quorum not be present at a regular meeting at which such amendment is scheduled to be heard, then both meetings may be special meetings.

ARTICLE XIII – CHARTER AMENDMENTS

This Charter/Constitution may be amended in the same manner as provided for amendments of the By-Laws and Florida Law.

ARTICLE XIV – GENDER

The language depicting gender in the Constitution and By-Laws shall be interpreted to include both sexes in all cases.

ARTICLE XV – SUBSCRIBERS TO THE ORIGINAL

The names and residences of the subscribers to the charter are as follows:

Myers Noell Jack Wirt

Miami Shores, Florida Miami, Florida

Leo A. Ennis Lothar H. Patelsky

Miami, Florida Coconut Grove, Florida

Freeman Stebbins Charles S. Wilson, Jr.

Miami, Florida Coconut Grove, Florida

Jerry A. Stegenga Albert J. Griffin

Coral Gables, Florida Miami, Florida

Mercer A. Russell Victor Cribb

Miami, Florida Miami, Florida

James C. Bailey Lewis R. Twitchell

Miami, Florida Miami, Florida

Dr. J. Frank Keeley Arthur H. Bosworth

Miami Shores, Florida Miami, Florida

William E. Saunders, Jr.

Miami, Florida

Miami Yacht Club, Inc.

By-Laws

ARTICLE I – MEMBERSHIP

Section 1.

HONORARY MEMBERSHIP

The Board may confer Honorary Membership for a term not to exceed one.

A Board Member may confer Honorary Membership for a limited period upon visiting members of recognized yacht clubs. Such Honorary Membership shall not confer voting privileges, and shall be reviewed by the Board at its next regular meeting.

Section 2.

SUSTAINING MEMBERSHIPS

Upon approval of the Board, Sustaining Membership Certificates may be awarded to organizations that support the Chartered purposes of the MYC by making donations of one hundred ($100.00) dollars or more to the MYC. Courtesy Membership Cards, valid only during scheduled functions of the organization holding the Sustaining Membership Certificate, may extend for a period not to exceed one year, are not necessarily renewable and have no voting privileges.

A member of the Board or the Regatta Committee may issue Sustaining Membership Cards to registered participants in the MYC’s regattas. Said cards shall only be valid for the days of the regattas, and the temporary memberships confer no voting privileges.

Section 3.

LIFE MEMBERSHIP

The Board may grant Life Membership to any regularly elected, eligible member who has a record of meritorious service with the MYC and upon payment of fifteen times the existing annual dues. There shall be no more than one hundred such members at any one time. They shall retain voting privileges. Special consideration for installment payments on Life Memberships may also be granted.

Upon the death of a Life Member, the Board may approve that the widow(er) of said Life Member shall be entitled to enjoy the privileges of the MYC and its facilities. These privileges shall be lost to the widow(er) upon his subsequent remarriage. Survivors shall not have voting privileges.

Section 4.

HONORARY LIFE MEMBERSHIP

The Board may confer an Honorary Life Membership upon any member deemed deserving of such high honor. Said membership requires the unanimous approval of the Board Members present at two consecutive Board Meetings.

Honorary Life Members shall retain voting privileges and shall not be required to pay special fees, assessments, or dues.

Section 5.

ACTIVE MEMBERSHIP

All applicants for Active Memberships shall enter the MYC as an Associate Member. Active Membership shall only be granted by approval and review of the Board. Active Members shall enjoy full privileges including the right to vote, hold office, boat storage and dockage privileges. It is the responsibility of the Active Member to pay all annual and special dues as herein specified.

The spouse of an Active or Life Member is eligible to become an Active Member in the same manner as a candidate for Associate Membership. Upon Board review and approval, they will enjoy the full privileges and responsibilities of an Active Member. Annual and special dues will be assessed as a percentage of the original Spouse Active Member as specified and the initiation fee shall be waived.

Section 6.

ASSOCIATE MEMBERSHIP

The names and information of all candidates for Associate Membership in the MYC shall be reported by the MYC’s Manager to the Chairperson of the Membership Committee. The Membership Committee shall furnish the editor of the MYC’s newsletter with a list of the names of all candidates for membership. Any MYC member wishing to appear before the Membership Committee on behalf or against any candidate shall have that privilege.

Any communication from a member in support of or in opposition to a candidate shall be brought to the attention of the Board of Governors for their appropriate action.

At the monthly meeting of the Board, the Board Members shall vote upon each candidate for membership whose name shall have been approved by the Membership Committee. If requested, voting shall be by ballot.

A two-thirds vote of those present shall be necessary for acceptance of any candidate.

Prior to being eligible for Active Membership the Associate Member shall be under a probationary review period of a minimal of six (6) months. During which time the Applicant will be assigned to a MYC committee in order for the new Member to demonstrate their worthiness.

The Associate Member shall only be eligible for Active Membership after the completion of this period, being in good standing with all dues and initiations fee paid as specified. The Membership Committee shall then present the Associate Member’s application to the Board for Active Membership. Active Membership approval shall require a two-thirds vote of the Board at a regular Board meeting. If not accepted for Active Membership, their initiation fee may be returned or alternatively their Associate Membership status may be continued indefinitely at the discretion of the Board; or until such time, that member submits their request in writing to the Board for Active Membership.

Associate membership allows for full access to the club facilities but does not carry voting privileges or the right to hold office.

An Associate Member by becoming a Life Member as defined shall not attain voting privileges until such Associate Member shall have been accepted as an Active Life Member in accordance with these By-Laws.

Section 7.

NON-RESIDENT MEMBERSHIP

Non-Resident Members shall be members who do not reside within one hundred (100) miles of Dade County and who are approved for such membership by a majority vote of the Board. Non-Resident Members shall not be entitled to vote or hold office Non-Resident Members shall only be entitled to boat storage or dockage privileges on a temporary basis as determined by Board approval. Subject to the foregoing limitations, Non-Resident Members shall be entitled to enjoy all the privileges of Active Members.

A Non-Resident Member shall be subject to an initiation fee and annual or special dues as specified by the Board. All Applicants for Non-Resident Member are under a probationary status and are ineligible for final Board approval; until such time, that the initiation fee has been paid in full.

Any Non-Resident Member availing themselves of visiting privileges for more than four (4) months in any fiscal year shall be considered an Associate Member and billed as such and may include the increase of initiation fees.

Section 8.

JUNIOR MEMBERSHIP

Any person under the age of twenty-one (21) years may become a Junior Member, by proposal and election in the same manner as an Associate Member.

Junior Members shall be entitled to the privileges of the club burgee, anchorage, floats, docks, and strip and to use of the Clubhouse under restrictions such as the MYC may impose. No Junior Member shall have voting privileges.

Any Junior Member who has attained the age of eighteen (18) to twenty-one (21) years may be elected an Active Member by the Board of Governors, and shall not be deemed ineligible to such election solely because the limit of membership should be filled.

Junior Members, having three (3) consecutive years of membership, shall not be required to pay an initiation fee either upon becoming an Associate Member. Junior Members shall pay such fees and dues as are specified.

Section 9.

INTERMEDIATE MEMBERSHIP

Any person under the age of twenty-one (21) years may become an Intermediate Member by proposal and election in the same manner as an Associate Member.

At the discretion of the Board, an Intermediate Membership may be extended for a specified period beyond the age of twenty-one (21) years in consideration of special circumstances.

Intermediate members shall be entitled to the privileges of the club burgee, anchorage, floats, docks and strip and to the use of the Clubhouse under restrictions such as the MYC may impose. No Intermediate Member shall have voting privileges.

Intermediate Members shall be required to pay one-half the initiation fee and one-half the yearly dues required of Associate Membership.

The Board may elect any Intermediate Member who has attained the age of twenty-one (21) years as an Associate Member, and said member shall thenceforth pay annual dues as specified for Active Members. Intermediate Members shall not be required to pay any further initiation fee upon becoming an Active Member.

Section 10.

BUSINESS MEMBERSHIP

Every candidate for Business Membership in the MYC must submit an application for membership on a form as shall be prescribed by the Membership Committee. The Board shall establish and may revise an application fee for Business Members as warranted.

At each meeting of the Board, the Board Members shall vote upon each candidate approved by the Membership Committee for Business Membership. If requested, voting shall be by ballot: Two-thirds of those votes present shall be necessary for acceptance of any candidate.

All Business Members will have the privilege to use the MYC’s lounge and restaurant facilities.

Business Members will not be accorded MYC voting rights or other privileges, such as dockage, dry storage, etc.

Section 11.

SENIOR MEMBERSHIP

Every candidate for a Senior Membership in the MYC must submit an application to the Membership Committee for either Active Senior or Social Senior Membership.

After an application for a senior membership has been received and verified by the Membership Committee, the Board shall vote upon each at the next scheduled Board meeting. If requested, voting shall be by ballot. Such membership requires the unanimous approval of the Board Members present at two consecutive Board meetings.

All Active Senior Members shall have all rights and privileges of regular Active Membership. All Social Senior Members shall have the privilege to use the MYC Bar and Restaurant, as well as participating in MYC social activities.

No other privileges such as dockage, dry storage, voting, or holding office shall be extended to Social Senior Members.

Senior Members shall be required to pay special fees, assessments, or special dues.

Senior Membership applicants shall have a record of at least ten (10) years meritorious service with the MYC, and shall have attained the age of sixty-five (65) years.

The Active Senior Membership fee shall be set at one-half the yearly dues required of Active Membership. The Social Senior Membership fee shall be set at one-fifth of the Active Membership dues. The Board shall establish and revise both Senior Membership fees as warranted.

ARTICLE II – RESIGNATIONS

Any member in good standing, who shall not be in arrears or indebted to the MYC, may resign his membership by delivering a written notice thereof to the Secretary, who shall report the same at the next meeting of the Board and cause the information to be published in the newsletter and on the web site. Resignations shall not be subject to Reinstatement. A former member, who resigned in good standing, may reapply for membership. Initiation fees will not be waived for former members.

ARTICLE III – REINSTATEMENTS

Requests for reinstatement to membership must be made to the Board through the Secretary. The Board shall consider each application for reinstatement on its own merit on an individual basis.

ARTICLE IV – LEAVE OF ABSENCE

The Board may at its discretion grant any member a leave of absence upon a written request from that member. Leave of Absence shall not be subject to Reinstatement after twenty-four (24) months from date of Leave of Absence unless annual written reconfirmation of intention is received.

ARTICLE V – RIGHT OF MEMBERS

Unless otherwise noted in these By-Laws, a MYC member in good standing shall be entitled to all of the following privileges:

The right to fly the MYC burgee.
To have a private signal registered with the Secretary
To enter a yacht in MYC events.
To use MYC facilities and services under conditions prescribed by the appropriate committee.
To participate in MYC social events and other activities.

To participate in MYC management by attending monthly General Membership Meetings.

Only Active, Active Senior, and Life Members in good standing shall be eligible to hold any MYC office.

Upon terms, conditions and period deemed advisable, the Board may extend any of the foregoing privileges to any person whose position, attainments, and character, or whose intended use of such privileges will, in the opinion of the Board, justify such action.

ARTICLE VI – CLOSING OF MEMBERSHIP

Except as stated elsewhere in these By-Laws, the Board may at its discretion close any or all types of membership.

ARTICLE VII – DISCIPLINE

Section 1.

MISCONDUCT

If a MYC member or members charge another member in writing with conduct injurious to the character or welfare of the MYC, the Board shall cause a statement of such charge(s), together with notice of not less than ten days of time and place where the Board shall meet for the consideration thereof, to be mailed to the member so charged at his address as it appears on the MYC records.

At the time and place specified in the notice, the Board shall consider the charge(s), and an opportunity to be heard shall be given to the member charged. If the Board shall be satisfied of the truth of the charge, the member may, by a vote of two-thirds of the Board present at the meeting, be censured, suspended for a period of time not exceeding one year, or expelled, except that no member may be suspended or expelled unless at least nine (9) members of the Board vote in favor of such suspension or expulsion.

Section 2.

SUSPENSION, EXPULSION AND REINSTATEMENT

Any member suspended or expelled hereunder may apply for reinstatement to the membership at its next regular meeting following such suspension or expulsion. Such member shall be reinstated upon the affirmative vote of three-fourths of the members present. Balloting on such matters shall be secret and written.

Any member who fails to meet his financial obligation under “dues and fees” (i.e., 90 days past due) shall be considered suspended under Article VIII (Section 5), at which time the Board shall review each suspension on an individual basis. Members not meeting financial obligations by the following meeting of the Board (i.e., 120 days past due) are subject to expulsion. The Board shall review each expulsion on an individual basis. The Secretary or any other member of the Board, as so designated, shall bring written notice of the charge(s).

To be reinstated, any member suspended hereunder shall pay full dues for twelve (12) months in advance. Any paid in Life Member for over ten (10) years and who has been expelled hereunder shall have his dues refunded in a manner to be determined by the Board at the time of such expulsion.

ARTICLE VIII – FEES AND DUES

Section 1.

INITIATION FEE

As specified with Article 1, an initiation fee shall apply to any new applicant wishing to join MYC. Such initiation fee shall be established by the vote of the Board. The structure of the payments of the initiation fee shall be determined on an individual basis by the vote of the Board. All new Applicants, as defined in Article 1 are considered under a probationary status and are ineligible for final Board approval: until such time, that the initiation fee has been paid in full. Initiation fees shall not be waived for any reason other than reinstatement and will require a majority Board approval.

Section 2

ANNUAL DUES

Annual dues are due and payable in monthly installments on the first day of each month. The Treasurer shall send notice of dues to each member not later than the first of each month. Members may elect to pay in equal semi-annual installments on the first days of April and October. For any member elected within the MYC’s fiscal year, dues shall be prorated on a monthly basis with the new member paying in full for the current month and such full months as may remain in the MYC’s fiscal year. The Board shall have the authority to increase membership dues up to 7.5% each year.

Junior Members’ dues shall be twenty-five dollars ($25.00) per year.

Intermediate Members shall be required to pay one-half of the annual dues in effect for Associate Members and Active Members.

Section 3.

ADDED TAXES

To all sums under the provisions of this section or any other provisions of these By-Laws, such taxes as may properly apply shall be added.

Section 4.

MONTHLY FOOD/BEVERAGE ASSESSMENT

A minimum food and/or beverage assessment of thirty dollars ($30.00) per month shall be assessed each Active, Active Senior, Life and Associate member; cumulative for a one year period. The Board shall have the authority to increase the food and beverage assessment up.

Section 5.

OVERDUE PAYMENTS

Monthly charges are due and payable in advance on the first day of each month. The name of any member failing to pay a monthly installment of his dues, or any debt, within thirty (30) days after the same shall become due and payable shall be posted on the MYC bulletin board. If any debt is not paid on or before the expiration of sixty (60) days from the date on which the same became due and payable the following shall take place:

The member’s name shall be placed on the past due list and will be posted on the MYC official bulletin board and may be published in the monthly newsletter.
The member will be denied all bar and restaurant access; including through the sponsorship of any member in good standing.

If any debt is not paid on or before the expiration of ninety (90) days from the date on which the same became due and payable, the following shall take place:

The member shall have his membership automatically suspended.
The member shall immediately move any and all boats, trailers and any property from the MYC premises.

The MYC may take immediate legal action against the member and seek the following remedies:

File suit to collect all past due debt.
Seek all reasonable costs and attorney’s fees.
Place a lien on the member’s boats, trailer and property found on the MYC premises.
By self-help, remove the member’s boat, trailer and property found on the MYC premises and dispose of it at an auction.

Section 6.

MEMBERSHIP NUMBERS

Each properly elected and enrolled member shall be assigned a number in the order of his election.

ARTICLE IX – ELECTION OF OFFICERS AND BOARD OF GOVERNORS

Election of Officers and other Board Members shall be by written ballot only, unless only one candidate shall have been nominated for a post, in which event the Chairperson may instruct the Secretary to cast a single ballot. Such election shall take place at the Annual Meeting. Those Officers elected shall be installed and assume duties at the annual installation which will be held within three (3) weeks of the election. These elected Officers shall hold office until their successors are installed, unless removed for cause. A majority of the votes shall be necessary for the election of any Officer.

If more than two candidates shall have been nominated for any one position and none shall receive a majority (50% or more) of the votes cast on the first ballot, voting thereafter for any such position shall be only for the two candidates who secured the greatest number of votes on the first ballot.

ARTICLE X – DUTIES OF OFFICERS AND BOARD OF GOVERNORS

Section 1.

COMMODORE

The Commodore shall command the Fleet, preside at all MYC meetings, fill any vacancies (until the next election) that may occur among the Board Members by appointment subject to approval of the Board Members present at the next regularly scheduled Board meeting. The Commodore reports to the Board of Governors (the Board). All Officers and the MYC Manager report to the Commodore. The MYC employees report to the Manager.

Section 2.

VICE COMMODORE

The Vice Commodore shall assist the Commodore in the discharge of his duties and, in his absence, act as Commodore. He shall also serve ex officio as a member of the Race Committee. His committee responsibilities shall include:

Membership
Racing
Florida Sailing Association
Adult and Youth Sailing

Section 3.

REAR COMMODORE

The Rear Commodore shall assist the Commodore and Vice Commodore in the discharge of their duties and, in their absence, act as Commodore. He shall also serve ex officio as a member of the House Committee. His committee responsibilities shall include:

Dock
Strip
House

Section 4.

SECRETARY

The Secretary shall assist the Commodore as directed and, in his absence, and in the absence of the Vice Commodore and Rear Commodore, act as Commodore. The Secretary shall give notices and keep full records of the proceedings of all Board and Membership meetings, designate the business intended in the case of special meetings, prepare and have the Club Book printed, and notify each member-elect of his election and furnish him with a current Club Book. Any officer or MYC member, who, through reason of his association with the MYC, shall cause any correspondence pertaining to any MYC business, will furnish the Secretary and the MYC Manager with a copy of such correspondence to be filed in the records. The Secretary shall report all such correspondence at the next Board meeting. The Secretary is further responsible for the documentation of Resolutions for every rule created and changed by the Board. His committee responsibilities shall include:

Roster
Parliamentarian
Publication
Publicity
Historian
Resolutions

Section 5.

TREASURER

The Treasurer shall assist the Commodore as directed and, in his absence, and in the absence of the Vice Commodore, Rear Commodore and Secretary, act as Commodore. The Treasurer shall to oversee all MYC finances, including all receipts and payments. The Treasurer shall work with the MYC Manager and provide the Commodore with recommendations for the following: computer and office systems pertaining to financial matters, financial internal controls and related policies and procedures, banking and investment relationships, and insurance and risk management recommendations and their policies and procedures. He shall provide the Commodore with recommendations to ensure compliance with laws and regulations and to ensure the competitiveness of prices paid for purchases.

The Treasurer shall provide the Board with monthly financial reports and with a summary of recommendations made to the Commodore. The Treasurer shall prepare an annual budget for approval by the Board.

His committee responsibilities shall include:

Finance
Risk Management
Security

Section 6.

STAFF COMMODORE

His committee responsibilities shall include:

By-Laws
Compliance Officer

The chief responsibility of the Staff Commodore is to add continuity from his term to the current administration and to serve as a primary source of information concerning what transpired in the past relative to all matters that might impact current activities. As an ex officio Officer, the Staff Commodore is not in the line of succession to be Commodore.

Section 7.

SENIOR MEMBER

In the absence of all the Flag Officers, the Senior Member shall act as Commodore, the date of his election to membership determining his seniority.

Section 8.

BOARD OF GOVERNORS

The Board shall have authority to make any decision regarding all MYC business except when in conflict or when contrary to U.S. and Florida General Law, the MYC Constitution or any by-law. The Board shall ensure that a MYC Manager is hired who shall report to the Commodore. The Manager shall engage, discharge, and have general supervision over all staff members. The Board will approve the hiring, compensation and job description of the Manager, and will review and approve any salary adjustment based on the annual evaluation made by the Commodore. Although the Commodore may suspend the Manager at any time without cause, the Board shall have the sole authority to ask for the resignation or discharge the Manager. Any action to discharge the Manager must be approved by the Board at two separate meetings, at least 7 days apart within a 3-week time frame. A quorum of the Board for the transaction of business shall consist of half (50%) or more of its members.

ARTICLE XI – VOTING

Section 1.

MEMBERS ELIGIBLE TO VOTE

To be eligible to vote, a member must not only be in good standing with current dues paid, but must owe no monies to the MYC that indebtedness shall have been outstanding for more than sixty (60) days.

All Active, Senior Active, Life, Honorary Life, and the designated voter of Family Members shall be entitled to voting privileges, unless otherwise provided in these By-Laws.

Only one vote per member shall be recognized. The rules relative to voting as described in the most recent edition of Roberts Rules of Order shall prevail; in that, the Commodore as chairperson may only vote to break a tie.

As stated under Article IX, all votes shall be cast by written ballots. Absentee ballots are also permitted. Absentee ballots must be notarized and received by the Secretary no less than forty-eight (48) hours prior to the election.

Section 2.

VOTING ON MATTERS RELATING TO BOAT OWNERS

On matters that pertain peculiarly or particularly to boat owners, only boat owners shall vote.

ARTICLE XII – MEETINGS

Section 1.

GENERAL MEMBERSHIP MEETINGS

There shall be not less than twelve (12) regular meetings of the General Membership in each year. At least two General Membership meetings shall be for the transaction of MYC business (colon): An March meeting for the annual election of Officers, and an October meeting for a mid-term report of Officers and committees and other appropriate MYC business.

Section 2.

BOARD OF GOVERNORS MEETINGS

There shall not be less than twelve (12) Board meetings that shall be held monthly on the second Thursday following the first Friday of each month or on such day as shall be determined by the Commodore and agreed upon by a simple majority of the Board Members. Meeting dates shall be posted on the MYC’s official bulletin board and noticed in newsletter and the web site in a timely manner.

Section 3.

REQUEST FOR RESIGNATION

In addition to the possibility of being removed for cause as stated under Article IX, a Board Member’s and Officer’s absence from two consecutive Board meetings without the expressed consent of the Board may be considered indication of lack of interest and will lead to a request for the Board Member’s or Officer’s resignation.

Section 4.

SPECIAL MEETINGS

At the Commodore’s discretion or on the written request of five (5) Active members, a special meeting may be called within fifteen (15) days after receipt of such request.

Section 5.

QUORUM

A quorum of ten (10) percent of the Active Membership shall be necessary for the transaction of MYC business at any meeting of the General Membership.

Section 6.

ORDER OF BUSINESS

The order of business for MYC meetings shall be as follows:

Reading of minutes
Reports of officers
Reports of committees
Old business
New business
Good and Welfare

The most recent edition of Roberts Rules of Order shall govern order and debate.

ARTICLE XIII – COMMITTEES

Section 1.

COMMITTEE MEMBERSHIP

The Chairperson of each committee shall be an Active member and the majority of the committee shall be Active Members.

All Officers shall be responsible for appointing committee chairpersons that fall under their respective flags, subject to approval of the Commodore.

Section 2.

STANDING COMMITTEES

All the Standing Committee Chairpersons, or their designated representatives, will report at every General Membership Meeting.

All Standing Committees will meet at least once a month and shall consist of at least three members unless otherwise specified herein.

All Standing Committee Chairpersons will advise the Commodore, the Board, and MYC Manager, and post the following information:

The names of the Committee members
The time and place of their monthly meetings
The agenda, if possible
The typed minutes from each meeting

Section 3.

HOUSE COMMITTEE

The House Committee shall consist of no less than five (5) Active Members, at least three (3) of who shall be members of the Board.

The House Committee’s responsibilities are to:

Perform the general supervision of the Clubhouse and of its contents.
Recommend all improvements and fund raising projects to the Commodore of all ordinary exterior and interior repairs to the Clubhouse.
Control all ordinary exterior and interior repairs to the Clubhouse.
Oversee the maintenance of all MYC physical property, including the grounds, structures, and the contents thereof, excepting all boats and all property in the charge of other committees.

The House Committee’s duties are to:

Authorize the purchase of all needed supplies for use in the Clubhouse and for the pool not within the jurisdiction of any officer or other committee.

Provide the Commodore and Board of Governors with written recommendations for prices to be charged for all restaurant, bar, special event, and private party services and all articles sold in the Clubhouse.
Plan all social events.

Section 4.

RACE COMMITTEE

The Race Committee’s duties are to:

Take responsibility for all races and regattas.
Maintain, supervise, and operate all MYC boats assigned to the Race Committee.
Receive entries for all regattas and act as judges thereof.
Provide stake boats and direct all matters connected with the regattas.
Elect a secretary to keep a record of the proceedings of the Committee, as well as of all MYC regattas, with full details thereof.
Elect a measurer.
Appoint a protest committee to hear all protests filed in any and all regattas.
Disqualify any yacht that shall have violated any MYC rule or the rules of US Sailing.

Resolve all disputes shall be subject to their decision, which shall be based on the rules of US Sailing, and when not, the ordinary customs of the sea shall prevail.
Adhere the sailing rules or regulations in any respect, and not make any rules inconsistent with the rules of US Sailing.
Postpone, cancel, or recontest any race at its discretion.

Section 5.

NOMINATING COMMITTEE

The Nominating Committee shall be elected at the Mid-term (October) General Meeting. The Nominating Committee shall consist of five (5) Active Members in good standing, at least two (2) of who shall be elected from among the current Flag Officers and/or Board Members. The Nominating Committee shall ascertain the qualifications and the availability of members for all offices and present a slate to fill these offices. The Committee shall cause a list of all such nominations to be posted in the Clubhouse for at least thirty (30) days prior to the annual meeting when the election is to be held.

The Committee shall report its slate to at the February meeting of the Board.

The Committee shall also report its slate at the February General Membership meeting.

An Active Member in good standing may nominate any other member as a candidate at any time prior to the closing of nominations. Such nominations shall require seconding by an active member.

Section 6.

MEMBERSHIP COMMITTEE

The Membership Committee’s duties are to:

Prescribe the form in which applications for membership shall be made.
Receive and review such applications.
Provide the editor of the newsletter with the names of candidates to be published.
Submit the names of candidates whose acceptance the Committee recommends to the Board for action.
Submit for the Board’s approval the requirements, process, and evaluation procedure that will be followed when considering an Associate Member for Active Membership.

Section 7.

FINANCE COMMITTEE

The Finance Committee shall consist of at least three (3) members including the Treasurer. The members’ duties are to:

Prepare an annual Budget that shall be submitted to the Board for approval no later than the June Board Meeting.
Distribute a monthly budget - to actual report to each officer, and recommend increases in revenue or reductions in expenditures to the Board in order to ensure the MYC’s continued viability. However, the chairpersons of each of the standing committees will provide the specific pricing recommendations.
Review risk management issues and recommend appropriate insurance coverage to protect the MYC from liabilities.
Monitor any lease or contractual obligation involving the MYC.

Section 8.

SPECIAL COMMITTEES

As the need for special committees not herein mentioned shall arise, the Commodore shall appoint them subject to approval by the Board.

ARTICVLE XIV – CLUB BOOKS

Each year, the Secretary is charged to produce a Club Book that shall be printed or made available for printing for the use of the membership. The Club Book should contain the following information:

The Act of Incorporation
The Constitution
The By-Laws
Club Flags
Racing and House Rules
A Membership List, specifying members’ names and numbers
The yachts entitled to fly the Club Burgee, with their dimensions, tonnage, rig, ownership and private signals
Such other information as may be required by the Officers or the Board

ARTICLE XV – REGATTAS

There shall be a regular annual regatta during April and a semi-annual regatta during August of each year.

The annual and semi-annual regattas shall be open to members in good standing of any recognized club whose participation has been invited by the Secretary at the bequest of the Board. Suitable prizes shall be offered in each class racing at each of these regattas.

ARTICLE XVI – RACING RULES

All regattas, special and ocean races shall be governed by the current US Sailing Racing Rules of Sailing.

ARTICLE XVII –VISITORS

Section 1.

VISITOR PRIVILEGES

At the request of a member, the House Committee may extend MYC privileges to a visitor from another city, state, or country upon the following conditions:

The period of these privileges may not normally exceed ten (10) days. However, the House Committee may consent to extending the period to thirty (30) days.
The member wishing to introduce a visitor must enter the visitor’s name in a book provided for that purpose or by letter addressed to the MYC Manager, when such entry will be made.
A card of invitation shall be signed by an Officer or a member of the House Committee and given to the visitor on his first visit to the MYC or may be mailed to his local address when so requested by the member introducing him. The visitor must show this card upon request.
During the period of the visitor’s privileges, he shall have the use of the Clubhouse, including the right to order refreshments.
Members introducing visitors shall be responsible for their conduct and for any debts incurred by them to the MYC.

Section 2.

VISITOR LIST

A list of visitors having cards shall be kept posted on the bulletin board, together with the names of the members introducing them.

Section 3.

WITHDRAWAL OF VISITOR PRIVILEGES

An Officer or a Board Member may withdraw a visitor’s privileges at any time.

ARTICLE XVIII – GUESTS

Section 1.

GUEST CONDITIONS

In the company of a member, a local resident may be introduced to the MYC as a guest for one day or a fraction thereof upon the following conditions:

Any person residing within a day’s travel of Miami, Florida, or having his place of business within an approximate radius, shall be regarded as a local resident.
The member introducing a guest or guests shall enter his or their name(s) in a book provided for that purpose, together with his own signature.
Due to the restriction of the MYC’s liquor license, guests shall not have the right to order alcoholic beverages, and such charges shall go on the member’s bill.
Members introducing guests shall be responsible for their conduct.

Section 2.

WITHDRAWAL OF GUEST PRIVILEGES

An Officer or a Board Member may withdraw a guest’s privileges at any time.

ARTICLE XIX – DEBT

No indebtedness shall be incurred on behalf of the MYC unless an appropriation shall have been made therefore, nor in excess of such appropriation.

ARTICLE XX – GAMBLING

No match races for money shall be sailed under the auspices of the MYC, and there shall be no public betting on MYC premises.

ARTICLE XXI – CLUB BURGEE

The MYC burgee may be displayed by yachts, vessels, Clubhouse and stations as specified in this Article, and not otherwise:

Yachts enrolled in the MYC shall have the right to fly the burgee except when under charter to a non-member, and also yachts to whose owners such privilege is otherwise given. A yacht not enrolled in the MYC but complying with the conditions as expressed in the Constitution, and under charter to a member, may fly the burgee. Such a yacht, under charter to a member for not less than two months, may, upon application to the Secretary, be granted authority to enter all race and squadron runs. Yachts or vessels not enrolled but chartered or used by any Officer or committee on official business may fly the burgee during such use. The burgee shall be displayed at the Clubhouse, MYC stations and such other places as may be directed by the Commodore.

ARTICLE XXII - FLAGS

The Officers and Race Committee shall display the following flags:

Commodore’s flag is rectangular with a foul anchor encircled by thirteen five-pointed stars, in white, on a blue field
Vice Commodore’s flag is rectangular with a similar device on a red field
Rear Commodore’s flag is rectangular with a similar device in red on a white field.
Acting Commodore’s flag is rectangular without device on a blue field.
Past Commodore’s flag is rectangular with a foul anchor and three five-pointed stars, in white, on a blue field
Secretary’s flag is rectangular with crossed quills, in white, on a blue field.
Treasurer’s flag is rectangular with an acorn, in white, on a blue field.
Fleet Captain’s flag is rectangular with a blue anchor on a white field.
Race Committees’ flag is rectangular with a red vertical fouled anchor supported by the two letters “RC” in white on a blue field.

ARTICLE XXIII– SUSPENSION OF BY-LAWS

There shall be no suspension of these By-Laws.

_______________________________ _

Donita Leavitt Date

Commodore, Miami Yacht Club, Inc.

Miami Yacht Club

General MYC Rules and Code of Conduct

Members are expected to respect private property on MYC premises, such as automobiles, trailers, boats and boat gear belonging to other members, etc.
No one has permission to take away any property belonging to the MYC from the premises without the consent of the House Committee. In case of any loss, destruction, defacement or injury to MYC property, the person causing the damage shall pay the full cost of repair or replacement.
Members and guests will be expected to refrain from obscene or abusive language while on the premises.
The MYC cannot assume responsibility for loss or damage in any manner of any private property on the premises, although the House Committee will make every effort to safeguard such property.
All transactions at the bar will be on a cash or credit card basis, except as provided in the By-Laws.
All members shall strictly observe the bar hours as posted or arranged by the House Committee.
Alcoholic beverages shall be served in accordance with the MYC license and prevailing laws.
No recreational swimming or fishing is allowed from or in the vicinity of the docks.
Parents will be held responsible for the conduct of their children on the premises. Running on the docks or playing among the boats is prohibited. Throwing balls, skateboarding, and other such activities on the patio are strictly forbidden.
Members shall address all fellow members and employees politely and respectfully at all times.
While the Bar and Restaurant are open, no outside food, beverage or alcoholic drinks will be brought onto the patio or into the Clubhouse.
No vehicles shall be parked so as to interfere with the movement of boats.
No parking in fire lanes to the docks is permitted, except while loading or unloading to/from boat to vehicle.
Members are requested not to take glassware onto the patio or grounds from inside the Bar and Restaurant.
No pets are allowed on the property, except seeing-eye dogs or pets being transferred from vehicle to boat.
All Members and guests using the Bar and Restaurant must be appropriately attired; i.e., a shirt and shoes must be worn and no wet swimsuits or wet towels.
When Members use the meeting rooms for meetings or parties, they shall police the rooms and/or pay maintenance or cleaning charges.
No persons shall sit at the not of legal drinking age.
No persons will interfere with the MYC management or employees in the performance of their duties. Members shall deal directly with the Manager, and the Manager shall deal with the employees.
Failure to comply with the above rules will subject the violators to Board action.

Revised February 17, 2012 Page of 20