Country Music Cutting Horse Association

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Country Music Cutting Horse Association

Constitution and By-Laws

Article I, General

SECTION 1. This Association shall be known as the Country Music Cutting Horse Association, hereafter referred to as the CMCHA or the Association.

SECTION 2. The term for which it will exist shall be perpetual.

SECTION 3. The Association is organized and shall be operated exclusively as an organization within the meaning of Section 501(c) (5) of the Internal Revenue Code od 1986, as amended, or the corresponding provision or provisions of any subsequent United States Internal Revenue law or laws (the "Code"). Within the scope of the foregoing purposes, and not by way of limitation thereof, the Association is organized and operated to encourage the development of and public interest in livestock and ranching through the promotion and sponsorship of public cutting horse contests, public exhibition of cutting horses in conjunction with cattle and livestock; the presentation, and participation of cutting horse events in other general livestock exhibitions, shows and expositions; and to encourage the development and breeding of better cutting horses.

SECTION 4. The CMCHA shall be made up of a General Membership. The General Membership shall be established as set out in Article II below. From this General Membership, there shall be elected a President, Vice President, Secretary/Treasurer and four (4) Directors. If the President Elect - Vice President forfeits his/her duties, a new President shall be nominated and elected during the membership election. The President, Vice President, Past President (from the previous year), Secretary/Treasurer and the four (4) Directors shall comprise what shall be known as the Executive Board. The Executive Board shall conduct all business for the Association. The office of Secretary/Treasurer may be combined. The Secretary/Treasurer position may be filled by an NCHA approved Secretary as decided upon by the Executive Board.

SECTION 5. The principal office of the Association shall be 1450 Greenwood Rd, Lebanon, TN 37090 or as the Executive Board shall designate.

SECTION 6. There shall be no capital stock of this Association.

SECTION 7. The fiscal year of this Association shall be January 1st through December 31st of each calendar year.

SECTION 8. Upon dissolution of the Association, the Executive Board shall after paying or making provision for the payment of all liabilities of the Association, dispose of all assets of the Association exclusively for the purposes of the Association in such a manner, or to such organization or organizations organized and operated for charitable, educational, religious or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section (c )(5) of the Internal Revenue Code, as the Executive Board shall determine. Any of such assets not so disposed of shall be disposed of by the Court of Common Pleas of the County exclusively for such purpose or to such organization or organizations of said court determine which are organized or operated exclusively for such purposes.

Article II, MEMBERSHIP

SECTION 1. Any individual or family interested in cutting horses may become an active member of this Association. Family membership includes Husband, Wife, any unmarried children less than 19 years of age living in the same household and Grandchildren.

SECTION 2. The Executive Board shall determine the annual membership dues for the Association. The annual membership dues must be paid by the start of the first show or event of each fiscal year in order to be in good standing. Only after dues are paid can a member receive Association awards or points toward Association awards. Only members in good standing with the Association will be included in any Association membership list.

SECTION 3. All membership dues shall be paid to the Secretary/Treasurer of the Association.

ARTICLE III, MEETINGS, MEMBER RIGHTS, RULES, ETC.

SECTION 1. The Association will hold a General Membership meeting in November of each year. The Executive Board shall designate the date, time and place of the General Membership meeting. There will be an Executive Board meeting at each of the approved shows with a minimum of six (6) Executive Board meetings annually. Executive Board meetings shall not be held more than 90 days apart. The Executive Board meetings can be held on the same day as the General Membership meeting but cannot be held at the same time as the General Membership meeting. All Executive Board meetings shall be open to the General Membership, but the General Membership shall not have the right to take an active part in the Executive Board meeting unless the Executive Board asks for the participation of a member or members. If the Executive Board meeting is interrupted by a member of the Association, said member may be asked to leave the meeting and may be subject to disciplinary action. All Executive Board meetings shall have during their order of business a period of time for members of the Association to address the Executive Board on any subject concerning the Association. The subject or subjects of this address shall be supplied in writing to the Secretary a minimum of five (5) calendar days before the Executive Board meeting. Each Association member scheduled to address the Executive Board shall have three minutes to present his/her business in a matter of utmost courtesy. In the event the addressee becomes violent or abusive, he/she may be asked to leave the meeting and may be subject to disciplinary action. All General Membership meetings, Executive Board meetings and Special meetings shall be scheduled by the Secretary and the General Membership shall be notified of the date, time and place a minimum of ten (10) calendar days prior to said meeting.

SECTION 2. Special meetings of the membership may be called by the written direction of the President, the written direction of the majority of the Executive Board, or the written direction of not less than twenty percent (20%) of the membership in good standing. The Secretary shall, on any one of the for mentioned described written directions, schedule said Special meeting and notify the General Membership of the date, time, plane and subject of said meeting a minimum of ten (10) calendar days prior to said meeting. Said Special meeting shall be held not less than ten (10) nor more than (30) calendar days after the written directive was received by the Secretary. Only such business as set forth in the written directive and notice may be transacted at said meeting.

SECTION 3. In Executive Board meetings, all votes shall be by roll call and shall be recorded by the Secretary or acting Secretary along with the motion being voted upon. At General Membership meetings, the vote shall be by the show of hands unless one Association member asks for the vote to be taken by paper ballot in which case the vote shall be taken on paper ballot. The Secretary or acting Secretary shall count all votes and enter them into the minutes.

SECTION 4. On the Executive Board, the Vice President, the Past President, the Secretary/Treasurer and each of the four(4) Directors shall have one equal vote on matters concerning the Association and the President shall be entitled to vote in case of a tie vote among the other members of the Executive Board. In General Membership meetings and in votes of and by the General Membership, each membership of the Association shall be entitled to one equal vote. Voting by mail ballot for election of Directors and Officers and changes to the Bi Laws and Constitution of the Association shall be permitted. Otherwise, proxy voting shall not be permitted.

SECTION 5. Thirty percent (30%) of the membership shall constitute a quorum at any meeting of the General Membership, and a simple majority of such quorum shall decide any question that may come before the General Membership. Four (4) members of the Executive Board shall constitute a quorum at any meeting of the Executive Board and a simple majority of such quorum shall decide any question that may come before the Executive Board. All General Membership meetings and Executive committee meetings may be adjourned from day to day or from time to time until a quorum is attained as long as the meeting is rescheduled for and the General Membership is notified of a new time, date and place a minimum of ten (10) calendar days prior to the rescheduled meeting.

SECTION 6. No member of the Association shall take upon his or herself to conduct business of the Association without the approval of the Executive Board. In the event a member of the Association does take upon him or herself business of the Association without approval of the Executive Board said member may be subject to disciplinary action.

SECTION 7. The CMCHA shall conduct all shows and events in accordance with the rules and guidelines of the NCHA, unless otherwise publicly advertised a minimum of ten (10) calendar days prior to the event or show, and then publicly announced at the beginning of the show or event.

SECTION 8. All CMCHA approved shows and events shall be held within the NCHA Area 22.

SECTION 9. (a) Any member who shall become a nuisance by constant complaints or by constantly fault-finding or by harassment by violence or by constant interruption of meetings or by taking upon him or herself business of the Association without approval of the Executive Board may, at the direction of the Executive Board, be expelled from the membership of this Association. In the event such action is taken, said membership dues shall be returned and all membership privileges and rights shall thereafter be denied.

SECTION 9 (b) The show management shall have the right to disqualify or refuse the entry to any contestant for actions of blatant misconduct or harassment of judges, show management, show management employees, other contestants or any other member of the Association.

SECTION 9 (c) A contestant may drop out of any contest due to injury to or the sickness of him or herself, the injury to or the sickness of his/her horse or death in his/her family. A contestant shall not, at any time, withdraw from any contest he or she is participating in due to dissatisfaction or grievance with the judges, show management, or other contestants without forfeiting all money he may have won in previous go rounds. Entry fees or any part thereof will not be refunded after a contest starts.

SECTION 9 (d) All contestants of a contest shall show his or her horse at the appointed time designated by the show management or drop out of the contest.

SECTION 9 (e) At any time during an approved CMCHA cutting horse contest a contestant shall not enter the show arena, the warm up arena, or the show grounds with any kind of gimmick or training device of any nature. Also, a contestant shall not be allowed to mistreat or abuse his or her horse in any manner in the show arena, the warm up area or the show grounds. A contestant shall not talk with or to the judge(s) before or during the entire show or make comments within the judge’s hearing distance on any work that has taken place or is taking place during a contest. At any CMCHA approved show, a contestant shall not harass the judge(s), show management, or show employees and shall not be guilty of conduct unbecoming to the CMCHA.

SECTION 9 (f) At all CMCHA approved shows; show management shall provide a representative of and for the contestants to serve as a liaison between the contestants and the show management. Said representative shall be appointed by the Show Chairman and shall represent all contestants and shall be the sole liaison to the show management. Also said representative shall report to the show management any horse being abused or any actions by any contestant detrimental to the best interest of the Association, such as; loud and profane language, drunkenness or under the influence of intoxicants, or use of devices not permitted by CMCHA or another infraction of the Standing Rules of the NCHA.

SECTION 10. Any member of the Association may be disciplined by or suspended from the Association by the Executive Board. The Executive Board may also deny any member rights or privileges of the Association whenever it has been established by satisfactory evidence that such member has knowingly and willfully violated any pertinent rule or rules of the Association. (a) Whenever anyone is accused of a violation, he/she will be given notice of date, time and place not less than fifteen (15) calendar days prior to the hearing of such accusations by the Executive Board. At such a hearing, member(s) shall have the opportunity in person or by council, to be heard and present evidence on his/her behalf. (b) The decision of the Executive Board will be final and binding on all parties. (c) Whenever a member of the Association is disciplined or suspended or denied membership rights or privileges, the name of said member and action being taken will be published in the Association’s newsletter. (d) In the event that a member of the CMCHA is asked by the show management of a CMCHA approved show to leave or withdraw from said show for any reason, the Executive Board shall review the case and all facts involved and shall render a decision pertaining to the same. This hearing of the Executive Board must be held within thirty (30) days from the date of the occurrence of the incident. The member(s) shall be notified of the Executive Board’s decision immediately thereafter. (e) A suspended member of CMCHA will not be allowed to participate in any CMCHA approved shows as an owner of a horse, a rider, or agent for others. In the event a suspended member enters a CMCHA approved show during the period of suspension, either as owner, rider or agent an additional six (6) months shall be added to his/her suspension for each infraction. In the event approval to show is wrongfully granted to a suspended member, the results and standings for that suspended member will not be approved by CMCHA, and the results and standings shall be changed within CMCHA to show as if the suspended member did not show.

SECTION 11. The Secretary shall deny any individual, regardless of membership status, the rights and privileges of this Association for failure to pay when due, any and all obligations owing to the Association or for giving a worthless check for any fees associated with the exhibition of cutting horses, provided, however, that fifteen (15) calendar days before said action by the Secretary, written notice shall be delivered to said individual. A suspension or denial of rights or privileges under this section shall terminate upon full payment of the obligation due the Association.

SECTION 12. Every notice required by the rules and regulations herein may be served by delivering a copy of said notice to the person(s) requires, either in person, by mail, by facsimile or by electronic email.

SECTION 13. The order of business at any meeting shall be as follows:

A. Roll call

B. Reading and disposal of the Minutes

C. Report of Officers, Directors and Committees

D. Election matters (if any)

E. Unfinished Old Business

F. Addressing Issues of Members of the Association to the Executive Board

G. New Business

H. Adjournment

ARTICLE IV, AMENDMENTS

SECTION 1. The members of the Association shall have the power to repeal, revise, modify, and/or amend this Constitution and By Laws of this Association at any regular or special meeting of the General Membership, provided that written notice is given to the General Membership a minimum of ten (10) calendar days prior to said meeting and in said notice the specific items of business to be transacted are explained in detail.

ARTICLE V, OFFICER AND DIRECTOR ELECTION

SECTION 1. Officers of this Association shall consist of a President, Vice President and Secretary/Treasurer, all of whom shall be elected with the exception of the afore mentioned President, by the General Membership. The President will remain in his/her position and not be elected annually unless the President resigns or the General Membership puts forth a petition for a change in the position. The General Membership shall elect four (4) Directors as positions are vacated.

SECTION 2. Any officer or Director, who misses two (2) or more meetings for reasons other than sickness or death in the family, shall be replaced. Upon such occurrence, the President shall ask for volunteers from the general membership, and then make recommendation to the Executive Board, who shall vote on said recommendation to fill the office. In the case that the President’s recommendation is voted down by the Executive Board, the President shall make other recommendations until the office is filled. In the case that the President is to be replaced, the Vice President will fill that office.

SECTION 3. A member shall hold only one Office or Directorship at any given time, except for these purposes; the offices of Secretary and Treasurer may be held by one person and construed as one office.

SECTION 4. The election of officers and directors shall take place at the November meeting of the general membership. All nominations must have a second. Only members in good standing may vote or hold office. The Secretary/Treasurer and Vice President shall tabulate the votes. Officers and Directors shall assume their responsibilities on January 1st the following year.

ARTICLE VI, EXECUTIVE BOARD

SECTION 1. The Executive Board shall be comprised as set out in Article I, Section 4.

SECTION 2. The President of this Association shall serve as Chairman of the Executive Board.

SECTION 3. The President shall conduct the administrative affairs of this Association.

SECTION 4. The Executive Board shall vote as set out in Article III, Section 4 and Article III, Section 5.

Section 5. The immediate Past President shall automatically become a member of the Executive Board. The Past President shall hold that office and stay a member of the Executive Board until time as there is a new Past President to serve.

SECTION 6. The Executive Board shall vote on all committee recommendations. No Committee shall act on any matter without the approval of the Executive Board.

SECTION 7. In the event there is a vacancy in the Executive Board by death, resignation or any other cause, the vacancy shall be filled by the same method as set out in Article V, Section 2.

ARTICLE VII, OFFICERS

SECTION 1. The President shall direct ordinary business activities of the Association, shall preside over all meetings thereof and over the Executive Board, and shall present to the membership such recommendations as he/she deems advisable for the best interest of the Association. The President shall, upon approval from the Executive Board, appoint all standing committees and such other committees as he/she may deem necessary from time to time.

SECTION 2. The Vice President serves as a member of the Executive Board and shall succeed the President if the office of the President becomes vacant during any term and shall perform the duties of the President in his/her absence.

SECTION 3. The Secretary shall record all of the proceedings of the meetings of the General Membership and of the Executive Board and shall be the custodian of books and records of the Association. The Treasurer shall be the custodial of funds of the Association and all books and records pertaining thereof. The Treasurer shall sign all checks drawn on the Association account and shall make a financial report at each regular meeting of the General Membership and at each meeting of the Executive Board.

ARTICLE VIII, COMMITTEES

The President shall recommend to the Executive Board, and after approval, appoint the following standing committees:

SECTION 1. Audit Committee whose duties shall be to make an annual audit of the financial records of the Association and report same to the Executive Board by January 15th of that year.

SECTION 2. Awards Committee whose duties are to recommend to the Executive Board any awards to be given by CMCHA, along with prices, vendors, etc. and purchase said awards upon approval by the Executive Board.

SECTION 3. Budget Committee whose duties shall include feasibility studies on projects and awards for the Executive Board to consider. The Secretary/Treasurer shall serve as the Chairman of the Budget Committee.

SECTION 4. Constitution and By Laws Committee whose duties are to consider any amendments offered by the membership. The Chairman of the Constitution and By Laws Committee or his designate shall serve as Parliamentarian at all Executive Board meetings, General Membership and Special meetings.

SECTION 5. Grievance Committee whose duties shall be to consider complaints as to the conduct of the Association’s business or activities or the conduct of any member of the Association. All complaints are to be filed in writing and after hearing and considering complaints, reports to the Executive Board for consideration and action.

SECTION 6. Judging Committee whose duties shall be to recommend a selection of show judges for the coming year. Show judges shall be arranged through the show secretary for judging of each CMCHA approved show.

SECTION 7. Show Committee selected by the President to successfully carry out the CMCHA approved shows for the year.

SECTION 8. Social Activities Committee whose duties are to make arrangements for special social activities held by the Association.