In order to promote better hunting and fishing, by conserving, protecting, propagating, and increasing game and fish;
In order to encourage a spirit of sportsmanship and fair play, not only among members, but also in relation to farmers and land owners on whose land and in whose streams members of the Association hunt and fish; and
In order to observe all laws of the United States of America and the Commonwealth of Pennsylvania, and assist in punishing all who violate said laws;
East Berlin Fish and Game Association declares these to be its purpose, principles and policies.
The name of this Association shall be East Berlin Fish and Game Association, which was incorporated as a Pennsylvania nonprofit corporation by decree of the Court of Common Pleas of Adams County, Pennsylvania, dated July 18, 1949, recorded in the Office of the Recorder of Deeds of Adams County, Pennsylvania, in Miscellaneous Docket U at Page 421.
Section 1. Membership: The active membership of the Association shall consist of male and female citizens who are legally qualified to hunt and/or fish, who are in good standing during the membership year and who have reached their sixteenth birthday.
Section 1. Officers: The officers of the Association Shall be a President, Vice President, Secretary, Treasurer, Financial Secretary, Sergeant at Arms, and Directors.
Section 2. Duties of Officers:
(a) President: The President shall preside at all meetings of the Association, shall enforce a due observance of the Constitution and By-Laws, shall have all the rights and duties customarily exercised and performed by the principal officer of a nonprofit corporation, and he or she shall be an ex-officio member of all committees. Provided, however, that the President shall have authority to expend sums of money for the benefit of the Association in an amount not to exceed $500.00 for all such expenditures for any one month period. The authority granted herein is not intended to permit the President to incur debt on a contract which will require future monthly payments. The President should make a reasonable effort to contact the chairman of the board in the event a problem may arise between the interim of the meetings that need an urgent response.
(b) Vice President: The Vice President shall perform all the duties of the President in the absence of the President, and at all times he or she shall assist the President when and as required.
(c) Secretary: The Secretary shall keep an accurate and complete record of the proceedings of all meetings of the Association; Committees, and all other records of interest or importance to the Association. He or she shall conduct all correspondence of the Association except that which relates to the duties assigned to committees or to the other officers. He or she shall prepare and release all press notices or other forms of publicity, shall notify officers, committees and others of their election or appointment by the President, and shall prepare and issue advance notices of meetings and affairs of the Association. He or she shall also prepare and convey invitations to guests or other participants in the meetings and affairs of the Association.
(d) Assistant Secretary: It shall be the duty of the Assistant Secretary to keep the register of the names and addresses of all present members of the Association; to receive and record all membership dues and submit such monies to the Treasurer for deposit in the account of the Association; to issue membership cards to all new members and all members renewing their membership; and to assist the Secretary and act in his or her absence.
(e) Treasurer: It shall be the duty of the Treasurer to do all banking; to keep an accurate and complete record of the finances of the Association; to accept and deposit, in a banking institution approved by the Board of Directors, all receipts of funds, to pay all bills by check or cash upon approval of a majority vote of the members present at a regular monthly meeting; to submit a statement of receipts and expenditures, receipted bills, vouchers, bills payable, account books and financial records to the Auditing Committee at least once each year or at any time upon demand of the Association, or of the presiding officer upon majority vote of the Board of Directors.
(f) Board of Directors: It shall be the duty of the Board of Directors to attend to the affairs of the Association during the interim between meetings of the Association, but the acts of the Board of Directors shall not conflict with the actions taken by the members of the Association nor with the duties and responsibilities of the several committees. The Board shall hold executive meetings prior to each regular meeting of the members of the Association on call by the President. If any officer or director misses three (3) consecutive or four (4) in one year regular meetings of the Board, that individual shall be deemed removed from the office automatically. The vacancy shall then be filled by the Board immediately and the individual so appointed shall serve the balance of the term of the individual removed from office.
(g) Sergeant at Arms: It shall be the duty of the Sergeant at Arms to maintain order at all meetings, to remove from meetings any member deemed unruly or out of order by the President. He or she shall admit only those authorized to participate at any regular or special meeting.
(h) Financial Secretary: It shall be the duty of the Financial Secretary to record and keep an accurate record of all bills and all receipts, to maintain a ledger showing same, and to report all bills, receipts, and balance to the club membership. He or she shall sign all checks for payment of bills, together with the President, or Vice President, in the absence of the President, and the Treasurer.
Section 1. Meetings: The regular meeting of the members shall be held on the third Thursday of each month at 7:00P.M. prevailing time.
Section 2. Special Meetings: Special meetings may be called by the order of the President or on demand by ten (10) members of the Association provided that said demand be presented in writing to the President.
Section 3. Quorum: A quorum for the transaction of business at any meeting of the Association shall consist of eleven members in good standing, of which five (5) shall be officers or members of the Board of Directors provided, however, (1) that approval to sell any real estate of the Association shall require the affirmative vote of 51% of all members of the Association in good standing at the time of the vote; (2) that approval to mortgage real estate or to either buy or sell Association equipment shall require two-thirds (2/3) affirmative vote of members in good standing present at a regular meeting of the Association; and (3) that members in good standing one (1) year before being on the Board of Directors.
B. The following sections of the By-Laws of East Berlin Fish and Game Association shall be amended to read as follows:
Amendments: Any proposed amendments to this Constitution and/or By-Laws of this Association shall be submitted in writing and read at a regular meeting of the Association, and if approved by a majority of the members present, a copy of the proposed amendment, together with a notice of the date of the next regular meeting at which final action shall be taken on the proposed amendment, shall be mailed to each member of the Association not later than five (5) days prior to such next regular meeting, or any continued meeting, by the vote of two-thirds (2/3) of the members present.
This Constitution and its accompanying By-Laws shall become effective on December 18, 1986, and thereafter any previously adopted Constitution and By-Laws shall be considered as completely revoked and superseded unless this Constitution and these By-Laws fail to make provision for matters covered by the previous Constitution and By-Laws, in which event the provision of said prior documents or the prior practice of the Association shall continue to control until this Constitution and these By-Laws contain a provision covering the matter.
Copies of this Constitution and the accompanying By-Laws shall be printed and made available to each of the members, and a supply thereof shall be placed in the safekeeping to be always available to the officers and members.
By-Laws of East Berlin Fish and Game Association
Article I - Election of Officers
Section 1. Board of Directors: Members of the Board of Directors shall be hereafter elected for a term of two years, four of them to be elected at the October election immediately after the adoption of these By-Laws, and five to be elected the succeeding October election, and so on annually and in a manner so that as nearly as possible one-half of them shall continue to serve after the other half is newly elected.
Section 2. Officers Not Members of the Board: Non-Board member officers shall be elected annually at the October election immediately after the adoption of these By-Laws; and such officers presently serving shall continue in office until their successors are elected.
Section 3. Commencement of Terms of Office: The term of all officers shall begin after the announcement of the election results and shall continue until the results of the next election are announced, unless otherwise revoked, vacated, or as herein provided.
Section 4. Voting at Election Meeting: All members in good standing shall be entitled to one vote, and all voting shall be done by secret ballot.
Section 5. Nominations: Nominations for the annual election shall be made by a Nominating Committee of three members to be appointed by the President three (3) months prior to the annual election, which committee shall give its report prior to the election at the regular September meeting preceding the annual election. Nominations may be made from the floor during the meeting in which the election is held. No nominations shall be made by the committee or from the floor unless it has been ascertained that the nominee is willing and able to serve if elected. The President shall appoint three (3) members to serve as the tellers, one of whom shall be a member of the Nominating Committee, or nominated from the floor, and such committee shall tally the ballots and announce promptly the results of the election.
Section 6. Declaration of Election: The nominee who receives more votes for the office than any other nominee shall be promptly declared elected for such office.
Section 7. In the event there is a vacancy in the office of President, the Vice President shall immediately succeed to such office for the unexpired term. Should there be a vacancy in any other office, including that of the Board of Directors, the President may designate a replacement to fill such office for the unexpired term but subject to the approval of a majority of the members present at the next regular meeting.
Article II - Committees
Section 1. Appointment: All standing and special committees shall be appointed by the President who shall have the power to remove and re-appoint members from time to time. The first member appointed to a committee shall be its chairman. Each committee shall consist of an odd number not less than three (3) nor more than nine (9).
Section 2. Standing Committees:
(a) Raffle Committee: It shall be the duty of this Committee to procure the material offered as prizes in any raffle conducted by and for the Association, to have the necessary tickets printed and distributed to Association members and such other persons and places as they deem advisable.
(b) Membership Committee: It shall be the duty of this Committee to conduct campaigns for new and renewal memberships.
(c) Block Shoot Committee: It shall be the duty of this Committee to order and maintain all supplies, materials, and prizes. This shall include such items as shells, cards, wooden blocks, tags, etc. The Committee will be responsible for the administration of all rules governing the shoot. They will insure that adequate public notice is given concerning dates, time, and place of each shoot. It shall recommend, for the Association's approval, the dates, times and rules for all shooting matches.
(d) Kitchen Committee: This Committee shall be responsible for preparing, cooking and serving food at the shoots, feeds, and other functions requiring food and drink, and shall order and maintain kitchen utensils necessary to accomplish the above. It shall set up tables and chairs as required to accommodate those attending the feeds and shall arrange for the appropriate amount and types of liquid refreshments and food served for the occasions.
(e) Clean-up Committee: After each feed, but no later than one day after, this committee shall clean the kitchen, utensils, floors, and clean and put away all chairs and tables previously set up for the feed. Generally, this Committee shall keep the inside of the building in a sanitary condition by periodic inspection and by taking appropriate action to correct any deficiencies found. It shall maintain an adequate supply of paper products, toilet paper, paper towels, and tables, etc., so that replacements can be obtained.
(f) Building and Grounds Committee: It shall be the duty of this committee to ensure that all roads are in proper order, by grading and filling, as required; to keep the grass mowed and trimmed on a regular basis to assure a presentable and neat appearance; to see to it that the shooting range, bench rests, block houses, etc., are in working order and in a usable condition. It shall check the pond and control the weed growth in the pond in a manner that will not affect the fish population. This Committee shall be responsible for the general maintenance of the exterior of the club house, including but not limited to painting, replacing broken windows, doors, etc., repairing and remodeling or expansion projects proposed by the club; shall review contractor's estimates for adequacy and accuracy; shall inspect contractor's work for adherence to the provisions if any contract; and recommend payment due to contractor.
(g) Screening Committee: Application for membership, which forms are only available at a regular meeting, shall be submitted to the Screening Committee and prospective members must be approved by them before being presented to the membership for acceptance. It shall be the duty of the Screening Committee to check references listed by the prospective members, including contact with the Pennsylvania State Police.
Section 3. Committee Meetings: Each Committee shall hold meetings on call by the Chairman to enable such Committee to adequately and fully perform its duties and responsibilities. Each Committee shall act independently, except otherwise directed by the President or the Association, to perform all of the functions normally expected and required of the Committee and to meet its physical, material and financial needs, excepting further that the Chairman shall make periodic detailed reports of the activities of the Committee and shall submit, periodically, detailed statements of its progress, receipts, expenditures and pay its gross proceeds to the Association. A committee is authorized to spend up to $200.00 per month to carry out its functions without prior Board approvals. This authority shall not include the authority to bind the Association to contract creating future debt obligations.
Article III - Membership
Section 1: Any person qualified to be a member within the provisions of the Constitution, whose application together with the initiation fee and annual dues was submitted to the Screening Committee and posted in the meeting room at a previous regular meeting, shall be admitted to membership upon recommendation of the Screening Committee, and upon approval of a majority vote of the members present at any meeting of the Association. A prospective member must be present for induction, unless a reasonable excuse is provided by him or her, or his or her sponsor. A member must be present at a monthly meeting to receive membership card and badge. Membership shall be capped and can be changed by 2/3 majority vote at any regular meeting.
(a) Disqualification for Membership - Fish and Game Violations
(1) If a member while a member, or a prospective member, is convicted of any fishing or hunting law in this or any other jurisdiction, such individual shall be placed on a probationary status for a period of one (1) year from the date officers of the Association become aware of the conviction. During the one (1) year period, the individual may not hold office as either an officer or director of the Association. In case of a new member, the probation shall be for one (1) year from the date of membership and the provisions of this section shall apply only to convictions entered within one (1) year prior to the date of the proposed member application.
(2) In case of a fishing or hunting law violation defined above which results in revocation of license or an offense deemed a misdemeanor or felony under applicable law, the member shall be expelled from membership for length of revocation and no prospective member shall be admitted to membership for at least one year after the date of conviction. After the length of revocation minimum period of expulsion (or postponement of membership action in case of a new member), the individual may apply for membership and if membership is granted, the individual shall be deemed a new member of all purposes including seniority. During such period of expulsion, the former member shall not participate or attend any Association functions in any manner whatsoever.
Section 2: If upon receipt of charges, the Board of Directors believes circumstances warrant expulsion of a member, it shall notify the member in writing ten days prior to the regular monthly meeting of such charges and shall allow that member an opportunity to reply in writing or in person. A two-thirds (2/3) vote of the members present at any regular meeting or other properly called meeting shall be necessary to expel an active member. An expelled member forfeits his or her dues, rights and privileges until restored to good standing by a two-thirds (2/3) vote of the members present at a subsequent meeting.
Section 3: Each member in good standing shall have one (1) vote in person only.
Article IV - Annual Dues
Section 1: The annual dues for membership shall be those set by a vote of members present at a regular meeting of the Association, and payable in full. The period for which a member will be credited for the payment of annual dues shall be the date on which the payment is made to the end of the ensuing membership year.
Section 2: New members shall pay an initiation fee in the amount set by the majority of the members present at a regular meeting of the Association, in addition to the regular membership fee for the first year.
Section 3: Dues for the ensuing year are payable during the period beginning with the October meeting and ending with the January meeting. All members in arrears in dues by the close of the January meeting shall be dropped from the rolls of the Association and upon renewal thereafter shall be considered as a new member.
Section 4: Life and Senior Memberships
(a) Life Member: A member of the Association who has been a member in good standing for a total of ten (10) years (not necessarily consecutive) and who has served either as an officer or a director for at least two (2) of those years, and who is at least 62 years of age, shall be deemed a life member with all the rights and duties of membership except that a life member shall not be required to pay dues.
(b) Senior Member: A member of the Association who has been a member in good standing of the Association for a total period of ten (10) years and who is at least 62 years of age shall be a senior member with all the rights and dues of membership but with reduced dues of $10.00 per year.
Article V - Recall of an Officer or Director
Section 1: If a written request urging the recall of an Officer or Director be signed by a majority of the Board of Directors and filed with the Secretary or President stating the reasons therefore, prior to any regular meeting of the Association, the Secretary shall notify the Officer or Director in question of such charges having been filed and the Officer or Director shall be given the opportunity to appear before said meeting and defend himself or herself against such charges. The President or Vice President shall present said request to the Association for vote, and if, by two-thirds (2/3) vote of the members present, it is concurred upon, the office shall be declared vacant and the Association shall enter into an immediate election to fill the vacancy, or nomination from the floor.
Article VI - Annual Audit
Section 1: The Auditing Committee, appointed by the President, shall consist of one (1) Director and two (2) members of the Association.
Section 2: This Committee shall audit the books of the Treasurer and Financial Secretary at least once each calendar year or at any time upon demand of the Association. When possible, the audit should be conducted so as to be able to report at the October meeting.
Section 3: The Treasurer and Financial Secretary shall submit to the Auditing Committee all receipted bills, bills payable, vouchers, account books, and financial records, cash and all other relevant information required for audit.
Section 4: At the October meeting, the Auditing Committee shall present to the Association and post a written report of their findings relative to the accounts and records of the Treasurer and Financial Secretary.
Article VII - Order of Business
The order of business at the meetings of the members of the Association shall be as follows:
1. Call to Order
2. Pledge of Allegiance
3. Conservation Pledge
4. Roll Call of Officers and Directors
5. Determination of other members present
6. Minutes of previous meeting
7. Committee reports
8. Old business
9. New business
10. New members
11. Treasurer's report
12. Door prize
The above Constitution and By-Laws were duly adopted at the regular meeting of the members of East Berlin Fish and Game Association on February 10, 2006
For pond and rifle range rules, please see their individual pages.