MBAVMA

This Association shall be known as the Monterey Bay Area Veterinary Medical Association as under the Articles of Incorporation filed with the California Secretary of State on January 26, 1962.

The objectives of the Association are as follows:

1. Promote and encourage good fellowship and an interchange of knowledge among its members.

2. Elevate the standard of veterinary medicine through encouragement of continuing education of its members.

3. Protect the rights and privileges of veterinarians.

4. Enlighten and direct public opinion regarding veterinary medicine through a concerted public relations program.

Membership qualifications and responsibilities are as herein­after set forth.

The elective officers shall be a President, Vice President, Secretary, Treasurer, and Delegate to the CVMA. Duties and qualifications of elective officers are as hereinafter set forth.

The executive Committee shall consist of the elective officers and two (2) other members of the Association appointed by the President.  The duties of the Executive Committee shall be as hereinafter set forth.

The membership may amend this constitution and bylaws at any of its regular meetings by a two-third (2/3) majority of a quorum,  provided  the amendment or amendments shall have been:

1. Presented at a regular meeting of the Executive Committee for opportunity to consider recommendation to the membership.

2. Mailed to each member of the Association at least seven (7) days before the general meeting at which action is to be taken.

A quorum shall be defined as fifty percent (50%) of the voting membership of the Association.

Section I - Types of Membership

1. Active

2. Life

Section II - Qualifications for Application to Active Membership

1. Applicants for membership must be graduates of an accredited school of veterinary medicine and should be licensed to practice veterinary medicine in the State of California.

2. Applicants for membership must be of good moral character and their professional conduct must have been in accordance with the principles of veterinary medical ethics of the AVMA and the CVMA.

2. The Association, acting through the executive conmittee, shall be the judge of the moral, ethical and professional qualifications requisite for admission to membership in this Association.

Section III - Requirements for Admission to Active Membership

1. Applications for membership must be submitted to the secretary on a form provided by the Association.  The form shall be signed by the applicant and five (5) members of the Association.  All applications must be accompanied with payment of Association dues for the current year.

2. Applications for membership are to be read by the secretary at the next regular meeting of the Association.  At this time begins a six (6) month probationary membership period as described as follows. 

3. During the six (6) month probationary period, the applicant must attend at least three (3) regularly scheduled meetings.  He is not eligible to vote on Association matters during this period.

4. After the six (6) month probationary period, the applicant can be voted into active membership by a two-thirds (2/3) vote of a quorum at any regular meeting.

Section IV - Life Members

1. Any person who has been an active member of the Association for at least thirty (30) years, or who has retired from the profession after age sixty-five (65) may, upon his written application to the executive committee, be elected to life membership in the Association by a two-third (2/3) vote of a quorum at any regular meeting.

2. Life members shall have all the rights of active members and shall be exempt from payments of all dues and assessments.

Section V - Responsibilities of Membership

1. Members are required to attend at least twenty-five percent (25%) of the regularly scheduled meetings each year.

Members are required to pay dues annually.  Dues are delin­quent if not paid by April 1.

Section VI - Privileges of Membership

1. Members shall have the right to vote upon the election of officers.

2. Members shall have the right to vote on all propositions submitted to the membership at large.

3. Members shall have the privileges of attending all meetings of the Association.  Guests may be invited to regular meetings after prior notification of the president.

4. Members are eligible to hold any office or honor within the scope of the Association.

Section I

The elective officers of the Association shall be the President,Vice President, Secretary, Treasurer and Delegate to the CVMA.  They shall serve, with the exception of the Delegate to the CVMA, one (1) year terms.  The term of the Delegate shall be as defined by the California Veterinary Medical Association.

Section II - Elections

1. Nominations for officers will be made from the floor at the October meeting.  The slate of nominees shall be voted upon at the November meeting.

2. When there are no further nominations from the floor at the October meeting, the president shall declare the nominations closed and the secretary shall be instructed to prepare ballots to be used at the November meeting.  In the event there is only a single nominee for an office, the secretary shall be instructed to cast a unanimous ballot.

3. Balloting shall be secret and the candidate receiving the greatest number of votes shall win office.

4. The election of officers shall take place at the November meeting.

5. Installation of officers shall be the last order of business at the December meeting.

Section III - Duties of the President

1. It shall be the duty of the President to preside at all meetings of the Association and at meetings of the executive committee.  He/she shall preserve order and decorum.

2. The president shall appoint all standing committees and such other committees as he/she may deem necessary.

3. The president shall call meetings of the executive committee whenever he/she may deem it necessary and shall also call such special meetings upon the request of four (4) members of the executive committee.  Notification of such meetings shall take place at least five (5) days in advance of the meetings.

4. The president shall be ex-officio member of all committees.

5. The president shall serve a term of one (1) year, and no person may serve as president consecutively for more than one (1) term.

Section IV - Duties of the Vice President

1. It shall be the duty of the vice president to assume all duties of the president whenever the president is unable to do so.

2. The vice president shall serve as program chairman.

3. The vice president shall serve a term of one (1) year.

Section V - Duties of the Secretary

1. It shall be the duty of the secretary to assume all duties of the vice president whenever the vice president is unable to do so.

2. The secretary shall attend all meetings of the Association and executive committee. He shall keep minutes of their respective proceedings and present the minutes at the next regular Association meeting.

3. The secretary shall keep a current roster of members and probationary members.

4. The secretary shall keep a permanent record of attendance of all meetings.

5. The secretary shall be custodian of all records, books, papers and other properties of the Association except those delegated to the treasurer or specific committees.

6. The secretary shall inform the executive committee of the record of non-attendance of members at regularly scheduled Association meetings.

7. The secretary shall serve for a term of one (1) year.

Section VI - Duties of the Treasurer

1. The treasurer shall keep an accurate and up-to-date accounting of all Association funds and financial transactions.

2. The treasurer shall pay all bills owed by the Association from funds  belonging to the Association upon approval of the executive committee.

3. The treasurer shall collect all dues by April 1 and notify the executive committee of all delinquent dues.  Members delinquent in their dues shall be notified by March 15.

4. The treasurer shall collect all monies owed to the Association and deposit them in a bank or savings and loan association in the name of The Monterey Bay Area Veterinary Medical Association.

5. The treasurer shall balance the books by October 1 each year and have all accounts prepared for the auditor.  The executive committee shall act as the auditing committee.

6. The treasurer shall be bonded.

7. The treasurer shall serve for a term of one (1) year.

Section VII - Duties of the Delegate to CVMA

The duties shall be as defined by the Ca1iforni a Veterinary Medical Association.

Section VIII - Duties of the Executive Committee

1. The executive cor:imittee shall meet at the discretion of the president.

2. The executive committee shall attend to the affairs of the Association.  Minutes of each meeting will be read by the secretary to the membership at the next regular Association meeting.

3. The executive committee shall serve as the committee on grievances and ethics.

4. Any business of importance may be referred to a vote of the membership at the discretion of the executive committee.

All proposals for non-budgeted expenditures of Two Hundred and Fifty Dollars ($250.00) or more shall be presented to the executive committee for its approval and then to the general membership for vote.  A two-thirds (2/3) majority of a quorum shall be necessary for acceptance of the expenditure.

Section I - Committee on Grievances and Ethics

1. The executive committee shall serve as the committee on grievances and ethics.

2. The committee shall have full right and responsibility to investigate and attempt to arbitrate all grievances arising among members or between members and others.

3. In its deliberations, the committee may apply where appropriate the Principles of Veterinary Medical Ethics of the AVMA and the CVMA.

Section II - Termination of Membership

1. Any member in good standing may resign by filing with the Association secretary his written resignation.  No refund shall be made for dues paid in advance.

2. Membership shall cease automatically if dues become delinquent.

3. Membership shall cease automatically if fewer than twenty­ five percent (25%) of regularly scheduled Association meetings are attended in a one-year period.

4. Membership shall cease automatically for any member whose license to practice veterinary medicine in California is revoked or suspended.

5. Membership can be terminated by action of the committee on grievances and ethics as described under Section III.

6. Membership shall automatically cease if a member is suspended or expelled from the CVMA or AVMA.

7. Termination of membership can result if a member:

Has been convicted of a felony or a criminal offense involving moral turpitude.

Has been judged guilty by the executive committee of misconduct as a veterinarian or any act in violation of any of the provisions of the bylaws of this Association.

Has been judged guilty by the executive committee of violation of any of the principles of veterinary medical ethics of the AVMA or CVMA.

Section III - Disciplinary Procedure

1. Any and all charges accusing a member of any misconduct provided for in these bylaws shall be in writing and delivered to the secretary of this Association.  The secretary shall cause the charges to be lodged with the executive committee at its next meeting following receipt by the secretary of said charges.

2. The executive committee after a review of the written charges may terminate any further hearings thereon, may call the accused member in for an informal hearing or may call for a formal hearing.  No disciplinary action can be taken without a formal hearing.

3. If a formal hearing is to be called, the charges shall be sent in writing to the accused fifteen (15) days prior to the date of the hearing.  Unexcused failure of the accused member to appear at the hearing may be con­sidered evidence in favor of the truth of certain charges.  Unexcused failure of the accuser to appear at the hearing will result in dismissal of all charges.

4. During the hearing, rules will be followed that afford the accused due process and fair play.  All hearings shall be conducted in a manner as to ascertain all the facts fair to the accused and accuser, without requiring the formal or technical rules and requirements that pertain to judicial proceedings.  Before any evidence is introduced at the initial hearing only, the accused shall have the right to challenge the impartiality of any member of the executive committee, and any member of the executive committee may likewise disqualify himself if he/she believes he/she cannot be fair and impartial in the judgment.  Any vacancy created on the executive committee by either of the above actions will be filled by appointment from the membership of the Association by the president.  Any failure at the hearing to reach a decision or any failure to select an impartial committee will result in all charges, documents and records of the proceeding being forwarded to the ethics committee of the CMVA.

5. Any party may cause the proceedings to be recorded by tape device.  In addition, the secretary shall keep accurate minutes of the entire proceedings.

6. All hearings shall afford all parties concerned with ample time to present their case and reasonable continuance may be granted in the furtherance of justice.

7. The burden of proof required to find a member guilty of any misconduct shall be by a preponderance of evidence and shall be borne by the accuser.

8. The executive committee shall require:

That the charges against the subject member be read;

That such charges be verified by the testimony of the person or persons making them;

That any other witnesses against the subject member may be heard;

That a subject member may be allowed to cross-examine each witness following the testimony of that witness;

That the subject member may he allowed to make a statement in his/her own behalf;

That the subject member may be allowed to call witnesses in his/her own behalf; and

That the members of the executive committee may be allowed, at appropriate times, to question witnesses after they have been questioned by the subject member.

9. No hearing shall take place unless a quorum (simple majority) of the executive committee is present at all stages fo the hearing.  A member of the committee who is not present at all stages of the hearing shall not be allowed to vote nor be considered a part of the quorum.  Only the written charges that were filed with the committee and the accused prior to the hearing shall be considered in determining the guilt or innocence of the accused.  Prior disciplinary action or misconduct shall not be considered in determining whether the accused is guilty of any of the current charges, but may be considered in assessing an appropriate sanction if found guilty.

10. Following a hearing consistent with the procedural safeguards above outlined, a two-thirds (2/3) majority of the excutive committee by written vote will determine the guilt or innocence of the accused.  The executive committee shall be entitled to impose a fine, suspension or expulsion as is commensurate with the seriousness of the wrong doing.