Illinois Horsemen's Benevolent & Protective Association INC.

All applicants must have a current license

The Benevolence program is intended to provide assistance to horsemen unable to meet their financial obligations for medical or other crisis situations. The Illinois H.B.P.A. is not an insurance company. This program is not meant to take the place of any type of insurance nor be relied upon as a form of insurance. All applications will be considered on an individual basis.

All benevolence requests will be approved or denied by the three member benevolence committee. Bills of less than $50.00 will not be considered for payment.

Benevolence and assistance is intended for horsemen who race primarily at Fairmount Park and must provide proof of employment.

Applicants must apply in person. The Secretary-Treasurer will make a copy of current license and application which will be filled out completely.

Eligibility includes: Trainers, their spouse, and any minor dependents living at home.

All licensed employees of trainers (employees dependents are not eligible)
Trainers must be members in good standing.

Owners are not eligible.

Bills must accompany specific request and will be paid to creditor. We reserve the right to explore charitable assitance if applicant is eligible.We do not reimburse for bills already paid.

Dental benefits including cleaning, x-rays, extractions, fillings, dentures and partials will be provided at no cost at the R.i.C.F. Dental Facility to all eligible members. The following will not be provided: root canals, crowns, bridge work and braces. No outside dental bills will be considered for payment unless first referred by the R.I.C.F. Dental Unit for oral surgery.

Payments on all bills will be made to creditor.

The secretary-treasurer may be directed by the board to investigate any applications submitted.

Applicants who knowingly resubmit any bill that has already been paid or attempts to defraud the association in any way, will not be allowed to submit any further applications until the board sees fit to accept said application.

Death and Burial benefits up to $1000.00

Claims which are covered by workmen's compensation or any other insurance plan will not be considered.

The foregoing is not an all inclusive list, and additions or deletions may be made by the Board of Directors. All final decisions concerning benefits are at the discretion of the full board of directors.

By-Laws:

Illinois H.B.P.A. By Laws

Article I

Name, Definitions, Purposes

Section 1 Name

This Association shall be known as the Illinois Horsemen's Benevolent & Protection Association, Inc. a non-profit corporation organization under the laws of the State of Illinois

Section 2 Definition

As used in this Constitution and Bylaws:

(A) "Association" shall mean that Illinois Horsemen's Benevolent & Protection Association, Inc.

(B) "Board of Directors" and "Board" shall mean the Board of Directors of the Association;

(C) "National Association" shall mean the National Horsemen's Benevolent & Protection Association, Inc. a non-profit corporation organization under the laws of any State, as distinguished from this Association;

(D) "National Board of Directors" and National Board" shall mean the Board of Directors of the National Association;

(E) "Board of Directors," "Board" and "Directors" shall mean the elected representative or representatives of this Association;

(F) Horse" shall mean a Thoroughbred race horse two (2) years of age or older (under rules of racing) which is not retired from racing;

(G) In this Constitution and Bylaws, where applicable, the singular shall

Be deemed to include the plural and the masculine shall be deemed to include the feminine and vise versa, as their context may require;

Section 3 Purposes

The Corporation is formed for the following purposes:

(A) To promote the common business interests of its members and improve conditions in the thoroughbred industry of Illinois within the meaning of Section 501 (c) (6) of the Internal Revenue Code of 1986, or the corresponding section of any future federal tax code;

(B) To engage in any lawful activities which are in furtherance of the purpose of the Corporation, including, but not limited to:

(i) Promotion of federal and state legislation, rules and regulations, and uniform racing policies beneficial to common interests of horsemen in Illinois;

(ii) Negotiation with racetrack on a collective basis of issue affecting the common interest of horsemen including schedules, stake programs, safety issues and working conditions;

(iii) Representation of the common interests of horsemen at various meeting and hearing of racing associations, racing commissions and other racing organizations; and

(iv) Improvement of the image of thoroughbred racing in Illinois and relationship between horsemen, other members of the racing industry and general public.

Article II

Government of the Association

Section 1 Organization

The Association shall consist of its members as defined in Article III hereof, the Board of Directors and President elected by the members, and an Executive Director hired and approved by the Board.

Section 2 Constitution and Bylaws

This Constitution and Bylaws shall govern the Association.

Except as otherwise provided herein, all proceedings of the Association shall be conducted in accordance with Robert's Rule of Order, Newly Revised, or as otherwise directed by a majority vote of the Board of Directors of the Association.

Section 3 Powers- The Board

(A) The Board shall be vested with and shall exercise all the powers of the Association and upon it is conferred the management, direction and control of the association, except as otherwise provided herein;

(B) The Board shall have the power to censure, suspend or expel any or all of The Officers, Directors, members or employees of the Association for violation of any provision of this Constitution and Bylaws, for illegal, unethical or unsportsmanlike like conduct or for failure to remain in good standing in accordance with the rules of racing in effect where the members races, after a duly held hearing in accordance with this Constitution and Bylaws;

(C) The Board shall designate the principal location of the Associations Headquarters and such other offices at locations as the Board shall designate;

(D) The President or Executive Director may appoint and employ, pursuant to Article V, Section 4; shall determine the method of appointment and length of employment of and shall supervise the employment and conduct in office of the Secretary-Treasurer and such other employees as he deems necessary.

Section 4 Constitutional Amendments

An amendment to this Constitution and Bylaws may be proposed by not less than a three-fourths(3/4ths) vote of the elected members of the Board or signed petition from nor less than seventy-five (75) voting members of the Association filled with the Secretary-Treasurer, or with the Board. Proposed amendments need only set forth the substance or sense of the amendment; they may be redrafted in proper legal language by legal counsel after adoption.

Proposed amendments to this Constitution shall be retained by the Secretary-Treasurer and shall not be sent out for vote and for possible adoption until proposed amendment has been discussed and approved by the Board of Directors.

Except as otherwise provided herein, amendments shall be adopted by the vote of members of the association and approval is indicated by a least a three-fourths (3/4ths) affirmative vote of those voting.

Upon the proposal of an amendment, the Secretary-Treasurer shall mail a copy thereof, together with a ballot and addressed return envelope to each voting member. A ballot postmarked within thirty (30) days and received within forty-five (45) days after such mailing shall be counted in determining the adoption or rejection of the proposed amendment. Ballots on a proposed amendment shall be retained unopen by the secretary-Treasurer until the next meeting of the Board and shall be opened and counted at the direction of the Board.

Section 5 Obligations of the Association

All notes, checks and other negotiable instruments of the association shall be signed by the President or Executive Director as set forth in Section 3 and Secretary-Treasurer.

Section 6 No Discrimination

The entire strength of the association shall be given in support of any Officer and Director or any member acting officially for the association who obviously has been discriminated against in the allocation of stalls or in any other respect, on account of his activities on behalf of the Association in accordance with this Constitution and Bylaws.

Section 7 Use of the association Name

No one, whether a member of the Association or otherwise, shall be permitted to use the association for his personal benefit, commercially or otherwise, without the express permission of the Board. A publication shall only use the name of the association if it is reviewed and approved by the Board.

SECTION 8 Official Publications

The Association may designate the Horsemen's Journal as the official publication of the association. Each member has the responsibility for furnishing his correct permanent mailing address to the Secretary-Treasurer in order that he may receive the official publication of the Association.

Section 9 Compensation of Officers Prohibited; Subsistence and Travel Reimbursement.

No Officer or Director of the association, other than the Secretary-Treasurer and the Executive Director shall receive anything of value, directly or indirectly, for serving in his official capacity with the association.

Any Officer, Director, or employee of the association and his or her spouse may be reimbursed for subsistence and travel expense while in travel status on official business of the Association and/or the National Association, and attendance at Board and National Board meetings, except as otherwise restricted in this Constitution and Bylaws.

Section 10 Contract Negotiations

The Association shall represent horsemen and may bargain collectively with racing associations in an attempt to reach agreements with respect to purses and other conditions affecting racing. If, however, an impasse is reached and the Association is unable to arrive at an agreement with a Racing association concerning purses or other conditions of racing then the sole additional functions of the Association shall be limited to reporting to the horsemen the status of negotiations and the sampling or otherwise obtaining the sentiment of the horsemen with respect to a future course of action.

Neither the association nor any Officer or Director thereof shall, on behalf of the Association, participate in any withholding of racing entries, provided, however, that nothing herein shall be deemed to limit or control the conduct of any horseman, including Officers and Directors of this Association, from individually entering or not entering a horse at his discretion in any race meeting.

It shall be the declared policy of the association that the Association shall under no circumstance participate with or act jointly with any other organization or association relating to Thoroughbred race horses with respect to (i) purse negotiations or (ii) any matter that could ultimately result in the withholding of racing entries.

Section 11 Contracts

Any contract that has been executed by Racing association and the Association shall be in writing and shall be signed by both parties thereto. It shall be made available to members of the Association and the National association on request.

It shall be declared policy of the association that the association and all its members shall abide and be firmly bound by any purse contract or other legal commitment entered into by the Association on behalf of horsemen. The association and all powers of its persuasion and legal means at their disposal to implement this policy.

Article III

Membership

Section 1 Eligibility

Any owner, owner-trainer, or trainer of a Thoroughbred race horse who is currently licensed as such by Illinois Racing Board shall be eligible for membership in the association. Provided, however, that any person who owns less than fifty percent (50%) of one total Thoroughbred race horse, as defined in Article 1., Section 2 (F), shall not be eligible for membership regardless of licensing.

No trainer or owner-trainer shall be eligible for membership in the Association unless at least fifty (50%) percent of the horses he trains are owned by Association members and at least fifty (50%) percent of his owners are Association members.

Section 2 Membership

Any person or entity eligible for membership in the association shall become a member at such time as such person, or the entity through which eligibility for membership is established, shall start a Thoroughbred race horse in a qualifying race in Illinois (which is a race on which pari-mutuel wagering is authorized within the jurisdiction of the Association), unless the association is notified in writing that such a person or entirely does not desire to be a member.

Section 3 Honorary Membership

Any person who has performed some distinguished service to the sport of Thoroughbred racing and who is not already a member of the association may be elected as an honorary member of the association. Such election shall take place only at a Board meeting. An honorary member shall not be required to pay dues or make contributions to the association and shall not be entitled to vote or hold office in the association.

Section 4 Duties of Membership

(A) It shall be the duty of every member of the Association to conduct himself at all times in such manner as to merit the respect of the public and Illinois Horsemen's Benevolent &Protection Association,Inc,;

(B) Every member of the Association, by accepting the benefits of membership, agree to abide by the Constitution and Bylaws of the Association, any order or decision of the Board of Directors, and to accept as final the decision of the Board of Directors after the hearing and agrees to hold the Association, its Officers, Directors and Employees harmless for any action taken or not taken,

(C) Contributions. Where not otherwise specified by law, contract or other arrangement, each member shall contribute to the Association not less than two (2%) percent of any purse earned by and/or awarded to him. where a contract, law or other arrangement exists between the association and a Racing Association for a different deduction, all horsemen racing at the racetrack of that Racing Association shall be subject to each deduction from any such purse, in lieu of the above described deduction.

Unpaid contributions shall remain the obligation of a member, irrespective of a change in the jurisdiction in which he may be racing. The Board of Directors or Secretary-Treasurer shall notify each member leaving the jurisdiction of the Association with unpaid balance by letter stating that he is in default in payment of his contributions, giving the amount thereof, and with a warning to said member that a failure to pay same will be deemed a resignation from the Association, or that he is subject to suspension or expulsion from the association for his failure to make said payment and that will no longer be entitled to the privileges and benefits of the association and the National Association. In the absence of a favorable reply (payment of the unpaid contribution), the name of the defaulting member shall be added to the nonmember list of the Association,

Section 5 Tenure of Membership

(A) Tenure. A member of the Association shall remain as such, (1) so long as he, or the entity through which ,membership is established, is a licensed owner, owner-trainer or trainer of a Thoroughbred race horse, (2) until the close of the calendar year following the last calendar year during which he, or such entity, started such a horse in qualifying race in Illinois, (3) so long as he is not (unless the consent of two-thirds(2/3rds) of the elected members of the Board of Directors of the association has first been obtained) a member of any other rival organization that represents owners' and trainers' interests and property rights in negotiating agreements with Racing Association covering purses, pony lead fees, television rights, simulcasting, off-track betting or interests on owners' deposits in horsemen's bookkeeper accounts, and (4) unless he earlier resigns, is suspended, or is expelled by the Association, as provided herein.

(B) Resignation. A member may resign from the association by (1) written resignation; or (2) by failing or refusing to allow contributions to be deducted from purses either by direction to that effect or by knowingly accepting a check from the horsemen's bookkeeper from which no such deduction pursuant to the provisions of Article III, Section 4(c) has been made and not having corrected the deficiency promptly upon demand.

(C) Suspension or Expulsion A member of the Association may be suspended or expelled from membership by two-thirds (2/3rds) vote of the elected members of the Board of Directors, following a hearing for violation of any provision of this Constitution and Bylaws, or illegal, unethical or unsportsmanshiplike conduct, or failure to remain in good standing in accordance with the rules of racing adopted by state or states where the association's membership exists. A member shall be given reasonable notice of the hearing and shall have the right to be heard in person or by counsel and to introduce evidence on his behalf.

"Reasonable notice" for the purposes of this Section, and of this Constitution and Bylaws shall mean a ten (10) days notice which shall be sent by certified mail to member at the address shown on the roster of the Association, and which ten-day period for notice whether received or not, shall commence to run on the day following the date of mailing of the notice as evidenced by the postmarked thereon.

Article IV

Elections and voting

Section 1 Supervision and Elections

All Association elections shall be under the supervision of the Board of Directors. An Election Committee of three (3) members shall be appointed by the President of the association with the advice and consent of the Association's Board of Directors no less than Sixty (60) days before the first nominating meeting. The three (3) members appointed to the Election committee shall be neither members of the Board nor candidates for any office in the Association. The election committee shall be responsible for seeing that the election is run in accordance with the Cons tuition and Bylaws. The Election committee shall attend the opening and counting of the ballots.

Section 2 Elections

An election shall be held every three (3) years to elect a President and Board of Directors, who shall hold office during their term and until their successors are elected.

Elections shall be held not less than thirty (30) days before the close of racing conducted in the jurisdiction of the Association.

At least sixty (60) days before the general nominating meeting called for purpose of receiving nominations for President and members of the Board of Directors, the President, with the advice and consent of the Board of Directors, shall appoint a Nominating Committee consisting of not less than three (3) members for the purpose of making nominations, receiving suggestions and nominations from membership. The Nominating Committee shall hold one or more meetings of the Nominating Committee, one which must be before the general nominating meeting. The Nominating Committee shall hold a general nominating meeting to receive nominations from the floor, nominating petitions and to announce its nominations. All nominees must be members of the Association. When more than one general nominating meeting is held, the date of the last general nominating meeting shall be deemed the date of each candidate's nomination. The Nominating Committee shall neither make nor accept any nomination after adjournment of the last general nominating meeting, except that for a period of fifteen (15) days thereafter, additional candidates may be nominated by petition duly signed by at least fifteen (15) members in good standing, provided that said petition is filed with the Secretary-Treasurer during said fifteen (15) day period and is accompanied by the candidate's affidavit and policy statement, if any.

There shall be at least one general nominating meeting at a track considered to be a major track within the jurisdiction of the Association. There must be at least thirty (30) members of the Association present at said meeting to constitute a quorum. Those members shall sign a list evidence their present. Nominations by the Nominating Committee shall not require seconds. A nomination from the floor will be accepted if it receives the endorsement of not less than three (3) members present at the meeting, which shall include the nominator and two (2) seconds, or is accompanied by a petition signed by no fewer than thirty (30) members of the Association.

Written notice of the general nominating meeting must be given to the membership of the Association by mailing newsletters or postcards to all members at least twenty (20) days before said general nominating meeting either of which shall inform each member of his right to nominate one or more candidates for office in the Association, the methods of doing so, the date, the time, and place of the general nominating meeting and all other information necessary to fully inform each member about the Association's election process.

Section 3 Candidates

The Secretary-Treasurer shall notify each candidate of his nomination by certified mail as soon after the nominating meeting as possible.

Within fifteen (15) days of the mailing to each candidate of notice of his nomination for office, said candidate shall complete and mail to the Secretary-Treasurer at the Association's Headquarters an affidavit on a form furnished by the Association that:

(A) He fulfills all of the requirements for eligibility for office as provided in this Article;

(B) He has read the requirements of the Constitution and Bylaws respecting elections and candidates, agree to be bound by all of them, and will obey any decisions of the Board of Directors in regard thereto;

(D) He is not a member, officer or director of rival associations of Thoroughbred horsemen, and has no other relationship that involves a conflict of interest as defined in Article IV, Section 5.

A candidate for office may also mail to the Secretary-Treasurer at the Association's Headquarters with his affidavit biographical within the same time limits required for his official statement by the association but shall not be issued, disseminated or used by the Association other than by enclosing a copy with the ballot.

No activity commonly referred to as "political activity" shall be allowed by candidate for office and/or any member on behalf of such candidate after the general nominating meeting. No campaign material, other than the biographical and policy statement, shall be permitted except for oral solicitation of votes on a person -to-person(s) basis or by telephone. No candidates may authorize or knowingly permit any articles, statements, or pictures about him to be published which could be construed as campaign material or "political activity" after the general nominating meeting in any HBPA-related publications. There shall be no distribution of marked sample ballots, nor any place cards or banners endorsing any candidate or slate of candidates. If any political activity electioneering or distribution of campaign material shall be engaged in on behalf of a candidate in violation of this Section with the knowledge and consent of a candidate.(1 said candidate may be disqualified (a) as a candidate for office or (b) from taking office if violation occurred may be held again.

A candidate may run for President and for Director at the same time but may serve in only one of such offices if elected.

A protest to a candidate or an election must be in writing and sent by certified mail to the Secretary-Treasurer at the association’s headquarters within seven days following the discovery of facts supporting said protest, failing which, such protest shall not be considered valid. The burden shall be upon the protestant to prove that his protest is timely. Each protest shall contain a complete and definite statement of the facts that constitute the alleged violation. The protestant must be prepared to substantiate the personal testimony at a hearing or by sworn testimony, witnesses or other relevant evidence.

All expenses of any kind whatsoever incurred by protestants and those persons charged with violating any election rules shall be assumed and paid by the Association on behalf of any candidate for office or protestant.

An elected candidate shall take office seven calendar days after his election. The lodging of a protest of an election or a candidate shall not affect the status of an elected officer or director until a hearing has been held in accordance with this constitution and bylaws.

Section 4. Manner of Voting.

Voting shall be by secret ballot. All voting and election procedures shall be supervised by the Secretary-Treasurer in accordance with the procedures set forth in this Constitution and bylaws. Other procedures not inconsistent therewith adopted by the Board for the Secretary-Treasurer to perform her duties with respect to Association elections may be randomly checked by the Association’s auditor.

Not less than thirty days and not more than forty-five days prior to an Association election, the Secretary-Treasurer shall mail in an envelope bearing the Association’s return address, the following last known address of each owner, owner/trainer, and trainer who is eligible to vote:

(A) A ballot

(B) An unmarked envelope capable of being sealed

(D) A return envelope addressed to the Secretary-Treasurer at the Association that shall have a space in the upper left hand corner for the signature and the typed or printed name of the member, together with the member’s social security number, and that shall have the word “ballot” and the name of this Association appearing on its face. Said return envelope shall be sent by U.S. mail, postage paid, or shall be marked to indicate that postage will be paid be addressee.

The Secretary-Treasurer shall use the membership roster of the Association for mailing of the ballots. She shall maintain on a current basis the membership roster. Prior to the mailing of the ballots the Secretary-Treasurer or another duly authorized representative shall use reasonable efforts to confirm the identity and address of each voting member. The Secretary-Treasurer shall send the current membership roster to the National Association on a regular basis.

The Secretary-Treasurer or other duly authorized representative shall present the same material to any member in person who requests the same in person on the grounds that he or she didn’t receive one by mail. The member shall be required to sign a receipt indicating that they have received the material.

A member shall vote by marking their ballot, enclosing and sealing it in the unmarked envelope, enclosing and sealing that envelope in the return envelope addressed to the Secretary-Treasurer at the Association, making certain that his name is printed or typed in the upper left hand corner, signing in the upper left hand corner and posting the envelope. Failure to enclose a ballot in the unmarked envelope shall not in and of itself constitute grounds for voiding said ballot.

All ballots that are received prior to the close of business on the day named for the election shall have the date and time of receipt noted. Counting the ballots shall be under the supervision of the Secretary-Treasurer. After being counted, all ballots, envelopes and tally sheets shall be sealed and retained in the custody of the Association for a period of not less than thirty days, or in the event of a protest, until the final disposition is determined. In the event of duplicate voting only the latest ballot will be counted. If an envelope is received with more than one ballot enclosed, neither ballot will be counted.

The Board of Directors shall have the power to authorize an election for the Association that varies from the provisions of this constitution upon written request of not less than 2/3 of its members and then only for proper cause. Any Association election that fails to follow the procedure authorized in this article shall be subject to protest. The board of Directors shall determine the validity of the protest and may decree the prompt holding of a new election in whole or part.

Section 5. Other Organizations - Conflicts of Interest.

No person or whose spouse is an Officer or Director of, or employed by a racing association, commission, rival racing or other organization involving a conflict of interest or owner of a beneficial interest in a business operated on a racetrack shall be put on the ballot as or be a candidate for President or Director of the Association, provided that this prohibition may be waived by a two thirds vote of the elected members of this Association’s Board of Directors and any such waiver shall be deemed for all purposes as a finding that such waiver is in the best interest of the Association. Notwithstanding the foregoing, such a candidate may make himself eligible without first obtaining Board approval by resigning his or having his spouse resign her position with any such other association prior to the member being placed on the ballot upon providing satisfactory proof of such resignation to the Board of Directors. To the extent any such conflicts exists and are waived by the Association’s Board of Directors, then the member affected by the conflict of interest shall not have the right nor be empowered to vote or otherwise take any action in his capacity as an Officer or Director with respect to any action or activity relating to the organization which created the conflict.

Election of the Board of Directors.

The Board of Directors shall be elected by the Association’s voting members. Five Directors shall be Trainers and five shall be Owners.

No person shall be eligible for nomination or to serve as a Director unless:

(A) He has been a member in good standing of the Association as described in Article 111 for at least 50% of the racing season during the two years immediately preceding the date of his nomination. The same shall be true for owner/Trainers. Vacancies on the Board other than President shall be filled by naming that Director candidate who received the highest number of votes in the appropriate classification.

Election of the President

The President shall be elected by the Association’s voting members. No person shall be eligible for nomination or to serve as President or Vice President unless:

(A) He has been a member in good standing in the Association as defined in Article 111 for at least 50% of the racing season in the Association during each of the three years immediately preceding the date of his nomination.

(B) He has been licensed and owned horses as an owner or owner/trainer for at least 50% of the racing season in the Association during each of the three years immediately preceding his nomination.

(C) He has started one or more horses in which he has at least a 50% ownership, a minimum of five times while a member of the Association during each of the three years immediately preceding the date of his nomination.

(D) He meets the above qualifications on the date of his nomination.

Section 8. Election of Vice President (s).

The Board of Directors may elect up to two Vice Presidents from among its owners or owner/trainer Directors. The Board shall designate the number of Vice Presidents and the order of precedence. In case of the resignation, inability to serve because of illness or death of the President, the first Vice President shall become the President. The second Vice President then becomes the first Vice President.

Article V

Officers

Board of Directors

(A) Composition.

The Board of Directors shall be composed of a President and ten voting members. Members of the Board shall each serve for three years and until their successors have been duly elected and qualified.

If any member of the Board resigns, is unable to serve because of illness or death or is absent at least three consecutive Board meeting in a row without having been excused by a majority vote of the elected membership of the Board after any absence, his position on the Board shall be declared vacant. A vacancy on the Board regardless of how it occurs shall be filled by naming that Board candidate who received the next highest number of votes in the last election, owner replacing owner and trainer replacing trainer or owner/trainer. If there is no available alternate, the vacancy shall be filled by the majority vote of the elected members of the Board.

(B) Meetings; Quorum.

Six members of the Board shall constitute a quorum for the conduct of business, but a lesser number may adjourn a meeting from time to time pending attendance of a quorum. The President shall be entitled to make motions, second motions, and vote as a member of the Board. Proxies shall not be accepted or permitted. However, telephone polls or votes for the Board of Directors are permitted if conducted personally by the President or Secretary-Treasurer and 100% of the Board is so contacted on any issue.

The Board shall hold at least four meetings each year with one being held in each quarter, and such additional meetings as the welfare of the Association may require.

The Board shall supervise all affairs of the Association and shall be governed by and subject to the constitution and by laws.

(1) It shall be the duty of the Board to sit as a hearing committee in connection with the following matters:

(A) All election disputes involving the Association

(B) Alleged violations of the Constitution and by laws of the Association, and as it affects membership in the Association, failure to remain in good standing in accordance with the rules of racing in effect in the jurisdiction where the member races. The decisions of the Board with respect to subparagraph a,b,c, and d shall be final unless appealed as hereinafter provided.

(2) A decision of the Board may be appealed by any member aggrieved thereby to the Executive committee of the National Association if made in writing within fifteen days of the date of the Board’s decision mailed to the National Association headquarters. The aggrieved member upon appeal receive a de novo hearing in accordance with the provisions of this section.

With respect to any decision made by the Executive committee of the National Association in any matter appealed to it, the authority of the National Association shall be advisory only. The Illinois H.B.P.A. Board shall have the final decision in all matters.

(3)

(A) A charge or protest may be made to the Board by any member against any member violation of any provision of the Constitution and by laws. It shall be in writing, signed by the protester, and addressed to the Association. It must be received within a reasonable time after the discovery of the act complained of.

(B) A protest or charge must state the full name and address of the protestant, accuser, and the accused and shall contain and definite statement of all the facts that constitute the alleged violation. The maker must be prepared to substantiate the protest or prove the charge by personal testimony at a hearing or by sworn statements, witnesses or other relevant evidence.

(D) The association may investigate any protest, charge or alleged violation, and present evidence concerning any protest, charge or alleged violation at its discretion.

(5)

(A) With respect to any protest or charge, any of the following shall preside on any pre-hearing matters and/or at the taking of evidence: (i) the Board; (ii) one or more members of the Committee appointed by the President with the advise and consent of the Board; (iii) a hearing officer appointed by the President with the advise and consent of the Board. The functions of any presiding person or persons participating in any decision shall be conducted in an impartial manner. A presiding or participating person may disqualify himself at any time. On the filing, in good faith, of a timely and sufficient affidavit of personal bias or other disqualification of a presiding or participating person, the Board shall determine the matters as a part of the record and decision in the case.

(B) Subject to the Constitution and Bylaws, a persons presiding on pre-hearing motions and at hearings shall give all parties a fair hearing and act as authorized herein.

(C) When the Board has not presided at the reception of the evidence. The presiding or participating person shall initially decide the case unless the Board in its discretion and before decision has been made requires the entire record to be certified to it for a hearing and decision. When the presiding or participating person, other than the Board, makes an initial decision, that decision shall become the decision of the Association without further proceedings unless there is a written appeal to the Board or review on written motion of the Association within fifteen days from the date of the initial decision. On appeal from the initial decision, the Board shall not review the findings and recommendations, but will determine only whether the Constitution and Bylaws were properly interpreted and applied. The Board in its sole discretion and on its own motion may, after initial decision, review the entire record of an initial hearing or any issue or finding recommendation contained therein or hold a new hearing as well as determine whether the Constitution and Bylaws were properly interpreted and applied.

(D) When the Board elects to render a decision without having presiding at the reception of the evidence, the person who presided at the hearing shall first recommend a decision to the Board, which shall be in writing and includes a finding and recommendation.

(E) The record shall show each finding and recommendation. All findings, recommendations, and decisions, whether initial or final, shall be a part of the record.

(F) Any member against whom a protest or charge is filed shall be entitled to a hearing. Such hearing shall be held after ten days notice to a member, which notice shall be by certified mail provide that the ten day period for notice shall commence to run on the day following the date of mailing said notice. Notice of hearings shall contain a brief statement of the facts constituting and underlying the alleged violation, whether made by protest or charge, and shall specify the time and place of the hearing. Accused persons may attend the hearing at their option and may bring witnesses, sworn statements or other relevant evidence on their behalf.

(G) Any application for continuance made prior to a hearing shall be in writing, shall set forth the reasons therefore, and shall be filed with the Secretary-Treasurer or hearing officer appointed to hear the matter after giving notice of such application by mail or otherwise to all parties and/or their attorneys. An application for continuance of any hearing must be received by the hearing officer at the address of the Association at least five days prior to the time set for said hearing.

(H) Upon written request of a representative of the Association or of a protestant, an accused or an accuser, any one or all of them be furnished, before hearing any evidence to be offered, together with the names of witnesses and the substance of their testimony.

(I) No member, Director, or Officer shall be suspended from his office or from membership in the Association until a final decision is rendered, after hearing, in accordance with this Section.

(J) The Board of Directors may authorize the Secretary-Treasurer of the Association to purchase Officers and Directors liability insurance at the expense of the Association.

(D) Liaison with Membership

The Board of Directors may, by means of the Horsemen’s Journal, a newsletter prepared and issued by the Association at the direction of the Secretary-Treasurer, or a general membership meeting maintain a close liaison with the membership of the Association and shall keep the membership informed concerning all Association business, its own deliberations, and all other matters of interest to horsemen.

The financial records of the Association, including the audit thereof, shall be open for inspection by any Director and, for any proper purpose, by any member in good standing.

(F) Bank Accounts; Association Obligations.

No bank account, saving account, certificate of deposit, U.S. Treasury bill or any other Association investment of any kind whatsoever may be opened, purchased and/or maintained by the Association without written notice to the Secretary-Treasurer, Such notice to be given within thirty days of the opening or purchase thereof or by the end of the calendar year. Withdrawal from or liquidation, or redemption at maturity or otherwise of any account, certificate of deposit, U.S. Treasury bill or investment must bear the signature of the President, Executive Director, and Secretary-Treasurer. All Association funds shall be deposited in banks in amounts not exceeding amounts guaranteed by the United States Government or invested in obligations guaranteed by the United States Government.

(G) Bonding.

The President, Executive Director, and Secretary-Treasurer shall be bonded in such amounts and in such manner as determined by the Board.

Section 2. The President.

The President and Executive Director shall be the Principal Officers of the Association.

(A) Only the President or Executive Director shall call and preside at all meetings of the Association and of the Board of Directors and shall determine the agenda for each meeting.

(B) The President or Executive Director shall sign all checks drawn by the Secretary-Treasurer for the payment of bills approved by the Finance committee and to carry out their responsibilities under the Constitution and Bylaws.

(C) The President or Executive Director shall report to the Board any irregularities or derelictions on the part of the Secretary-Treasurer or any other members of the Board.

(D) The President or Executive Director Shall with the advice and consent of the Board, appoint members of all standing and special committees, except as otherwise provided herein.

(E) The President or Vice President as set forth under Section 3 shall be an ex officio member of all standing committees of the Board.

(F) He shall notify the Board forthwith of any charges brought against any Officer’s or Director’s right to race, or for the violation of this constitution and Bylaws.

(G) He shall call at least one general meeting and at least four Board meetings as set forth in Article V, Section 1 (B). and such additional meetings as the welfare of the Association may require. He shall, upon written petition of fifty or more members of the Association, call a general membership meeting within fourteen days if a race meeting is in progress and thirty days if no race meet is in progress. A petition for a general membership meeting must state the primary purposes or issues for which the meeting is called. The meeting must be held in immediate race-meeting vicinity where the issues or purposes for which the meeting was called. This requirement shall not prevent the consideration of other issues at the meeting. Decisions, recommendations and resolutions passed at a general membership meeting shall be advisory only.

(H) He shall cooperate with the Board in maintaining liaison with the membership and keeping it informed.

(I) He shall not sign any signature cards for any bank accounts or deposits in any financial institutions, or sign any notes, negotiable instruments or obligations of the Association except as specifically allowed by the Constitution and Bylaws.

Section 3. The Vice- Presidents

A Vice-President shall fulfill, in the order of designation if there is more than one Vice-President, the duties of the President in the event of his temporary absence. In the event of the resignation, expulsion, death, permanent disability or disqualification of the President, a Vice-President, in the order of designation, shall succeed to the office of President of the Association.

Section 4. The Secretary-Treasurer.

The Secretary-Treasurer and all other employees of the Association shall be appointed by the President or Executive Director with the advice and consent of the Board. The Secretary-Treasurer may be dismissed by the President or Executive Director (both must be in agreement) for failure to perform the duties of that office as provide for in the Constitution and Bylaws or for a fraudulent act. The Secretary-Treasurer shall not be a member of the Board nor have a vote thereon.

The policy of severance pay for the Secretary-Treasurer and office staff is: one week’s salary per year of service with a maximum severance pay of six months. Under no circumstances will severance pay be paid if ant office staff or Secretary-Treasurer commits a fraudulent act. Severance pay will only be paid to full time employees and the Secretary-Treasurer. The denial of severance pay based on a fraudulent act is contingent upon the President, Executive Director, and Board to bring charges against the person denied severance pay.

The Secretary-Treasurer shall:

(A) Attend all meetings of the Association and of the Board and at the direction of the President or Executive Director prepare the agenda for all such meetings and keep minutes thereon;

(B) Keep a record of all track and race statistics in the Association;

(C) Collect and deposit all monies in the name of the Association only in a bank or banks and other similar financial institution, the deposits of which, all or in part, are guaranteed by the U.S. Government. The Secretary-Treasurer shall not sign any signature cards for any bank account, or deposit in any financial institution, or sign any note, negotiable instrument obligation of the Association except as specifically allowed by the Constitution and Bylaws;

(D) Draw and sign checks (which also require the signature of the President or Executive Director) for the payment of all bills that have been approved by the finance committee;

(E) Require banks designated as depositories for Association funds to send cancelled checks and bank statements monthly, which the Secretary-Treasurer shall keep on file for a period of not less than five years.

(F) Keep and maintain on a current basis such books and accounts as may be necessary to record all financial transactions of the Association and to correctly show the financial condition of the Association;

(G) Provide to the Board of Directors a monthly statement showing income and disbursements, monies on hand and other financial activities of the Association;

(H) Render all possible assistance and service to the President, Executive Director, and the Board, and members of the Association;

(I) Make available to members a copy of any executed contract and/or purse agreement;

(J) Notify the Board forthwith of any charges brought or anticipated to be brought against any Officer or Director of the Association that may involve such Officer’s or Director’s right to race, or allegations of nonfeasance and misfeasance under the Constitution or Bylaws.

(K) Perform duties with respect to Association elections as specified in Article IV hereof; and

(L) Perform such other duties as may be directed by the President, Executive Director, and the Board.

Section 5. Committees.

There shall be standing committees as follows:

(A) The Board shall choose three of its members to serve as members of a Finance Committee. Before payment, the Finance Committee shall approve all bills of the Association. It shall cooperate with and assist the Secretary-Treasurer to assure that all bills can be paid on or before their due date. It shall supervise the financial affairs of the Association, the issuance of checks, collection of receipts and the keeping of proper records relating thereto by the Secretary-Treasurer.

(B) There shall be an Election Committee as provided in Article IV, Section 1.

(C) The President or Executive Director may appoint an Advisory Committee with advice and consent of the Board. The Advisory Committee shall consist of Owners and Trainers or other persons whose advice may prove valuable to the Board. Members of the Advisory Committee shall attend meetings of the Board whenever possible. They shall not have a vote. They shall meet at the call of its Chairman and at the call of the President or Executive Director. It shall furnish advise and assistance to the Board.

(D) The President or Executive Director shall appoint a Backstretch Committee with the advice and consent of the Board. It shall consist of three members.

General Meetings.

There shall be at least one general membership meeting of the Association each year, and such additional meetings

as the welfare of the Association may require.

Fifty voting members shall constitute a quorum for the transaction of all business at general membership meetings of the Association, but a lesser number may adjourn a meeting from time to time pending attendance of a quorum.

Limitations on this Association.

(A) If the Association is unable to arrive at an agreement

with a racing Association concerning purses or other

conditions of racing, or if the Association shall for any

other reason anticipate a desire on the part of the

horsemen not to enter their horses in races, the

Association, the President, Executive Director, and Board

shall utilize all powers and legal means at their disposal to

assure that no such cessation of entries takes place without

a general meeting of the horsemen being called and held.

(B) The Racing Association and any other party at interest shall be sent notice of said meeting, and shall be given an

opportunity to appear and present its side of the controversy.

The meeting under no circumstances shall be held sooner

than three days after such notification to the Racing

Association and to any other part at interest.

fees without the prior consent of the Board.

(D) Except for the right to vote, hold office, and enjoy the rights,

privileges and benefits elsewhere provided in the Constitution

and Bylaws, the Association shall provide to non-members

the benefits provided with funds derived from contracts with

a Racing Association where the Association is designated

therein as the organization representing all and/ or a majority

of the horsemen who race in the jurisdiction of the

Association or from a statutory allocation to a racing

Association or the provisions of state laws enacted for and/or

having that effect; failing which, the provision of such

benefits shall be made only at the discretion of the

Association upon a favorable vote of a majority of the elected

members of the Board.

For the purposes of this section the term “Member” shall have

the meaning set forth in Article 111 hereof and the term

“non-member” shall mean one who does not possess and/or

fulfill the requirements set forth in Article 111 hereof for

membership in the Association.

Article VI.

National Association Membership

The Association, in its sole and absolute discretion, may be

and remain members of the National Association. For so

long as the Association remains a member of the National

it will adhere to the procedures and advisory options of the

National Board pursuant to its appellate jurisdiction as

provided in Article V, Section 6 of the Constitution and

Bylaws of the National Association.

Article VII.

Indemnification

Required indemnification of Officers and Directors.

The Association shall indemnify any Director or Officer against

expenses actually and reasonably incurred by him in connection with the

defense of any action, suit or proceeding to be liable for negligence or

misconduct in the performance of this duty to the Association.

Expenses for which indemnification provided.

Indemnification may be against judgments, penalties, fines,

reasonable settlements and reasonable expenses including attorney fees

actually incurred by the person entitle to indemnification in connection

with the action, suit or respect to any other matter unless he has given

written notice thereof to the legal counsel of the Association promptly

after he has received notice of the claim giving rise to the action, suite

or proceeding.