THE CONSTITUTION AND BYLAWS OF AMERICAN POMSKY KENNEL CLUB, INC. ®

ARTICLE I
Name and Objects

SECTION 1. The name of the club shall be AMERICAN POMSKY KENNEL CLUB, INC®.

SECTION 2. The objects of the club shall be:

(a) To promote the public’s knowledge and appreciation of dogs in general and Pomskies in particular;

(b) To produce, publish, and distribute to the general public educational materials about the proper care,treatment, breeding, health, development and training of Pomskies;

(c) To support and promote research on the history, character, breeding, genetics and particular health problems of the Pomsky;

(d) To encourage and promote quality in the breeding of Pomskies and to do all possible efforts to bring their natural qualities to perfection;

(e) To create the standards of the Pomsky breed;

(f) To encourage members and breeders to strive for the prevention of neglect and cruelty to animals, particularly Pomskies;

(g) To further the recognition of the Pomsky breed with AKC (American Kennel Club);

(h) To establish APKC® as the parent club for the AKC.

SECTION 3. The Organization is organized exclusively for purposes pursuant to section 501(c)(4) of the Internal Revenue Code.

SECTION 4. The club shall not be conducted or operated for profit and no part of any profits or remainder or residue from dues and donations to the club shall inure to the benefit of any member or individual.

SECTION 5. The Board of Directors of the club shall adopt and may from time to time revise such bylaws as may be required to carry out these objects.

ARTICLE II
Membership

SECTION 1. Eligibility. There shall be two (2) types of membership, open to all persons 18 years of age and older who are in good standing with American Pomsky Kennel Club and who subscribe to the purposes of this Club and the Code of Ethics.

(a) Individual is open to Pomsky Owners with limited Membership benefits and non-voting rights

(b) Certified Breeder is obtained through Board approval process with full Membership benefits and voting rights

SECTION 2. Dues. Membership dues shall be set by the Board each year not to exceed $499 per year. Dues are a rolling calendar membership, annually collected through the website based on initial acceptance date. No Certified Breeder Member may vote whose dues are not paid for the current year.

SECTION 3. Election to Certified Breeder Membership.

(a) Each applicant for membership shall apply on a web based form as approved by the Board of Directors and which shall provide that the applicant agrees to abide by these Constitution and Bylaws and the Code of Ethics.

(b) The application shall state the name and physical address of the applicant, information about their kennel, previous breeding experience, social media/website presence, and kennel practices. Breeder reference, Veterinarian reference, or an APKC® Pomsky Mentor will be required.

(c) Applications are forwarded to the Board of Directors via email notification within 48 hours of receipt of application. Applications are carefully reviewed against compliance to Code of Ethics, past application decisions, Google, Facebook and fellow breeder reviews for an approval through the web based Board of Directors Membership acceptance portal.

(d) Applicants are elected by the Board of Directors, through the above Board Approved process. Affirmative votes of two-thirds of the Directors of the Board shall be required to elect an applicant.

(e) Once Board approved, the prospective member shall submit non-refundable dues payment for the current year through the link provided at time of acceptance.

(f) An application which has received a 75% denial may reapply within 6 months after such rejection, unless they have been accepted into the APKC® Mentorship program, or have provided documentation of correction of behavior that resulted in the application denial.

SECTION 4. Members in Good Standing.

A member in good standing shall be any duly approved member, who has met his financial obligations to the Club, including dues and all other amounts that the member has become obligated to pay, or return of property belonging to the Club or any committee thereof, and is not suspended by the American Pomsky Kennel Club.® A member in good standing abides by the Code of Ethics and has a good reputation within the Pomsky breeding community or is aligning their kennel for such purpose.

SECTION 5. Termination of Membership. Memberships may be terminated:

(a) by resignation. Any member in good standing may resign from the club upon written notice to the Secretary; but no member may resign when in debt to the club. Dues obligations are considered a debt to the Club and they become incurred on the 1st day of the Certified Breeders Membership renewal. Dues and fees are not reimbursed or prorated.

(b) by lapsing. A membership will be considered as lapsed and rights to the Certified Breeders Membership Hub will automatically be suspended until member’s dues are paid. If the lapse period is more than 60 days, the person must reapply for membership.

(c) by expulsion. A membership may be terminated by expulsion as provided in Article VII (discipline) of these bylaws. Dues and fees are not reimbursed or prorated.

ARTICLE III
Meetings

SECTION 1. Annual Meeting. The annual meeting shall be held once each calendar year for the purpose of electing directors and for the transaction of such other business as may properly come before the meeting. The annual meeting of the club shall be held in the month of February or March at a place, date, and hour designated by the Board of Directors. Notice of the annual meeting shall be sent by the Secretary by email, publicly posted on website and social media, or in any manner prescribed by the laws of the State of Kentucky to each Certified Breeder Member at least 30 days prior to the date of the meeting. The quorum for the annual meeting shall be 10% of the Certified Breeder Members in good standing.

SECTION 2. Special Club Meetings. Special club meetings may be called by the President or by a majority vote of the members of the Board who are present at a meeting of the Board; and shall be called by the Secretary upon receipt of a petition signed by 25% of the members of the club who are in good standing. Such meeting shall be held at such place, date and hour as may be designated by the Board of Directors. The notice of the meeting shall state the purpose of the meeting and no other club business may be transacted. The quorum for such a meeting shall be 25% of the Certified Breeder Members in good standing.

SECTION 3. Board Meetings. Meetings of the Board of Directors shall be held at such times and places or via telephone conference call or via video conference as are designated by the President or by a majority vote of the entire board. Notice of each such other meeting shall be sent by the Secretary or VP via email or Board social media account to each member of the board at least 2 days prior to the date of the meeting. The quorum for a board meeting shall be a 75% majority of the board.

SECTION 4. Board Business. The board of directors may also conduct business by telephone conference (including disciplinary hearings), or video conference or Board social media account or by email. Items voted upon by any method other than “in-person” meetings must be confirmed in writing by the Secretary within seven days.

SECTION 5. Certified Breeder Membership Meetings. Gatherings may include meetings, in person or by video-conference/teleconference sessions and webinars and informal interactions to discuss a variety of topics. Meetings are defined as gatherings where attendees see and/or hear each other. This includes meeting (in person) “physically” in the same room or conducting a meeting by video conference or teleconference (including disciplinary hearings) or by any method prescribed by the laws of the State of Kentucky. Items voted on by any method other than in person meetings must be confirmed in writing by the Corresponding Secretary within seven (7) days of such meeting.

ARTICLE IV
Directors and Officers

SECTION 1. Board of Directors. The board shall be comprised of the officers and up to (5) other persons all of whom shall be members in good standing and who are residents of the United States or Canada. After the initial Board members first 3 year terms (2021-2024) all Board of Directors shall be elected for one year terms as provided in Article V, and shall serve until their successors are elected. Terms shall begin at the conclusion of the meeting at which the election is declared, or must be otherwise specified in the bylaws. General management of the club’s affairs shall be entrusted to the Board of Directors. Due to conflict of interest, applicants may not be board members of other Pomsky associations, whose goal is to establish the Pomsky with AKC in the USA.

SECTION 2. Officers. The club’s officers, consisting of the President, Vice President, Secretary and Treasurer, shall serve in their respective capacities both with regard to the club and its meetings and the Board and its meetings. Two or more offices may be held by one person. The President may not serve concurrently as a Vice President. Officers shall be elected by the board of directors, at any time, positions should be reviewed annually for succession planning, and each Officer shall hold office until he/she resigns or is removed or is otherwise disqualified or until his/her successor shall be elected or appointed, whichever occurs first.

(a) The President shall preside at all meetings of the club and of the Board, and shall have the duties and powers normally appurtenant to the office of President in addition to those particularly specified in these bylaws.

(b) The Vice President shall have the duties and exercise the powers of the President in case of the President’s death, absence or incapacity.

(c) The Secretary shall give notice of all meetings of the Board of Directors and Executive Committee, if such a Committee is created by the Board. Shall keep an accurate list of the directors, and shall have the authority to certify any records, and maintain meeting minutes as the official records of the organization

(d) The Treasurer shall collect and receive all moneys due or belonging to the Club. Moneys shall be deposited in a bank approved by the board, in the name of the club. The books shall at all times be open to inspection by the Board and shall render a quarterly written profit/loss statement and balance sheet to the Board of the condition of the Club’s finances and every item of receipt or payment not before reported; and at the annual meeting an accounting shall be rendered of all moneys received and expended during the previous fiscal year.

(e) Directors – The Directors shall perform such duties as prescribed in these Bylaws or as assigned by the Board.

SECTION 3. Vacancies. As a newly established club the first term for Board of Directors is three years (1/2021-1/2024). After the end of the three year term, any vacancies occurring on the Board or among the officers during the year shall be filled for the remainder of the position’s term by a majority vote of the board. However, a vacancy in the office of President shall automatically be filled by the Vice-President for the remainder of the term.

ARTICLE V
The Club Year, Voting, Nominations, Elections

SECTION 1. Club Year. The Club’s fiscal year shall begin on the 1st day of January of each year and end on the 31st day of December of the same year. The club’s official year shall begin immediately at the conclusion of the election at the annual meeting and shall continue through the election at the next annual meeting.

SECTION 2. Voting. At the annual meeting or at a special meeting of the club, voting shall be limited to those Certified Breeder Members in good standing who are present at the meeting, except for election of Officers and Directors, and except for revisions to the breed standard and amendments to these Constitution and Bylaws, which shall be decided by written ballot cast by email and/or sent by electronic balloting if permitted by the laws of the State of Kentucky. The Board of Directors may decide to submit other specific questions for decision of the Certified Breeder Members by electronic ballot.

SECTION 3. Annual Election. The nominated candidate receiving the greatest number of votes for each office shall be declared elected. The nominated candidates for other positions on the board who receive the greatest number of votes for such positions shall be declared elected. If any nominee, at the time of the meeting, is unable to serve for any reason, such nominee shall not be elected and the vacancy so created shall be filled by the new board of directors.

SECTION 4. Nominations and Ballots. No person may be a candidate in a club election who has not been nominated in accordance with these bylaws. The Nominating Committe shall consist of the current board at the time of the open nominations. Open Nominations are to be done thru electronic submission of an “application” and open to all members in good standing. The board shall name a chairman for the committee. The Nominating Committee may conduct its business by email or other forms of electronic correspondence. Nominated members must be of outstanding reputation within the online Pomsky community, APKC®, good ethics, and motivation to serve for the betterment of the club. Members who serve on other competing Pomsky club boards are not eligible for nomination as it is considered a conflict of interest. Members who have been suspended, degraded, or communicated hostile intentions towards board members or the club are not eligible for nomination.

As a newly established club, the initial Board of Directors will serve 3 years for the first term (1/2021-1/2024), and 1 year terms thereafter to ensure club success.

ARTICLE VI
Committees

SECTION 1. The Board may each year appoint standing committees to advance the work of the club in such matters as events, dog shows, trophies, annual prizes, membership and other fields which may well be served by committees. Such committees shall always be subject to the final authority of the Board. Special committees (i.e.: Bylaw Committee or Breed Standards) may also be appointed by the Board to aid it on particular projects.

SECTION 2. Any committee appointment may be terminated by a majority vote of the Board upon written or electronic communication to the appointee; and the Board may appoint successors to those persons whose services have been terminated.

ARTICLE VII
Discipline

SECTION 1. American Pomsky Kennel Club Suspension. Any member who is found to not adhere to the Code of Ethics and following the Bylaws will be suspended from any of the privileges of American Pomsky Kennel Club immediately, promptly removed from the club without membership dues refund or proration. Appeal of decision may be filed within 90 days.

ARTICLE VIII
Amendments

SECTION 1. Amendments to the constitution and bylaws or breed standard may be proposed by the Board of Directors or by written petition addressed to the Secretary signed by 50% of the Certified Breeder Membership in good standing. Amendments to the bylaws proposed by member petition shall be promptly considered by the Board of Directors and must be submitted to the members with recommendations of the Board by the Secretary for a vote within three months of the date when the petition was received by the Secretary.

SECTION 2. The constitution and bylaws may be amended at any time provided a notification of the amendment has been sent by the Board of Directors to each Certified Breed Member in good standing within 72 hours of Board Approval and posted on the Website in its entirety. The favorable vote of two-thirds of the Board shall be required to effect any such amendment.

ARTICLE IV
Dissolution

SECTION 1. The club may be dissolved at any time by the written consent of vote. Vote shall consist of two-thirds vote of the Board of Directors. In the event of the dissolution of the club, other than for purposes of reorganization, whether voluntary or involuntary or by operation of law, none of the property of the club nor any proceeds thereof nor any assets of the club shall be distributed to any members of the club, but after payment of the debts of the club, its property and assets shall be given to a charitable organization for the benefit of dogs selected by the Board of Directors.

Original (1/2021)

Amended (1/2024)