Ballot to Update BYC Bylaws
02/20/2020

The BYC Board of Directors proposes to update Berkeley Yacht Club's Bylaws in Article III Section 5., Article III Section. 8 and Article X, Section 2, 3 and 4.

Article III Section 5 pertains to non-discrimination in the club's membership application process. The proposed changes would add "gender identity" to the list of things that we shall not discriminate against.

Article III Section 8 pertains to members in arrears and the proposed changes seek to streamline and automate the process of collections and consequences therein.

Article X pertains to disciplinary procedures pertaining to reprimand or suspension and seeks to add additional steps to the process which would require the club to provide a letter detailing the infractions and also provide an opportunity for a hearing if one has not been offered previously. It also includes a provision to include communication by email as well as an update that removes the he/she pronoun and replaces it with "the member".

You may also complete a ballot at the March Corporation Meeting on 03/21/2020.

Per Article III Section 1. G.: g. "VOTING MEMBERS are REGULAR, ASSOCIATE, or YOUTH MEMBERS, in good standing. However, a membership consisting of member and spouse or partner shall be entitled to one vote, which vote shall not be divided."
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Do you vote YES to update Article III, Section 5?
Article III Section 5 pertains to non-discrimination in the club's membership application process. The proposed changes would add "gender identity" to the list of things that we shall not discriminate against.

Follow this link to the formated proposed change: https://drive.google.com/open?id=1NNR4huwhfannvZq7fS3Af7Euv6SR8Mq7
Proposed Language of Article III, Section 5
Article III, Section 5

Membership in the Berkeley Yacht Club shall not be refused to any person on account of sex, race, creed, color, national origin, ancestry, physical disability, religious or political affiliation, sexual orientation, or gender identity.
Response:
Do you vote YES to update Article III, Section 8?
Article III Section 8 pertains to members in arrears and the proposed changes seek to streamline and automate the process of collections and consequences therein.

Follow this link to the formated proposed change: https://drive.google.com/open?id=1mxp6nkzSLXPevXuN1Ixla8z2nwvmtioE
Proposed Language of Article III, Section 8
Proposed Article III, Section 8

A member whose dues are in arrears shall at the end of the 1st unpaid month be sent a letter from the office, with the authority of the Treasurer, informing the member they are in arrears. The letter shall state that at the end of the 2nd month of being in arrears the member will no longer be allowed the privileges of the corporation. Unless they either pay the arrears, or are granted accommodation by the board, at the end of the 2nd month the member’s key will be turned off and they will be sent a letter informing them:

1) they are not allowed the privileges of the corporation until their arrears are paid, and

2) at the end of the 3rd month their membership will be terminated in bad standing.

Members delinquent for 2 months shall immediately have their names posted in the club. At the end of 3 months of arrears, the member will be terminated in bad standing and sent a letter informing them of this. A former member terminated in bad standing can file an application to join the club if they have paid their arrears in full.

Exceptions to Article III, Section 8 may occur at the discretion of the Board of Directors.
For instance, the board could negotiate terms of a payment schedule or forgive arrears when the club contributed to a misunderstanding.
Response:
Do you vote YES to update Article X?
Article X Section 2 pertains to disciplinary procedures pertaining to reprimand or suspension and seeks to add additional steps to the process which would require the club to provide a letter detailing the infractions and also provide an opportunity for a hearing if one has not been offered previously.

Article X Section 3 pertains to Expulsion and adds the communication method of email to the already mandated US Mail method of communication.

Article X Section 4 changes the statement of "he/she" to "the member's".

Follow this link to the formated proposed change: https://drive.google.com/open?id=1RR2RnNaU1e6Z4K6lHngOLxYODWA2hvih
Proposed addition to Article X
Proposed Article X

Section 2: Reprimand and/or Suspension. For any violation of the Corporation rules or for misconduct at Corporation headquarters or at a Club function, any member may be reprimanded or suspended from the privileges of the Corporation for a period of not to exceed sixty (60) days as the Board of Directors may elect, after a suitable hearing, and/or investigation. The Secretary shall send a letter within 3 days by US mail and email detailing the infractions and providing an opportunity for a hearing if one has not been offered previously.

Section 3:
Expulsion. Should the Board of Directors consider that rules violation of the misconduct of a member be sufficiently grave, the member shall, after a suitable hearing, be expelled from the Corporation, if such expulsion is approved by two-thirds (2/3) of the Board of Directors. A copy of the charges preferred shall be served upon or forwarded by U.S. Mail and email to the last recorded address of the accused offender not less than ten (10) days prior to any such hearing.

Section 4:
Notification. A member of the Corporation having been expelled or dropped from the roll for any cause shall be at once notified by the Secretary of that fact with a statement of the reasons therefor, and shall thereupon forfeit all rights, title and interest in and to the property of the Corporation and shall immediately return his or her the member’s membership card, door key, and BYC name badge to the Secretary.
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