Bylaws | MB Team Penning

Manitoba Team Penning Association By-laws

Purpose

The Manitoba Team Penning Association (MTPA) strives to provide a sport in which riders and horses can compete is a healthy, competitive environment. The MTPA takes pride in ensuring that the sport of Team Cattle Penning remains reputable by taking into consideration the safety of its’ members and all animals involved.

Mission

Through encouraging participation and sportsmanship, MTPA is dedicated to building our penning community and providing competition for all ages and skill levels.

Vision

To improve, enhance, and enrich team cattle penning in Manitoba

Values

Inclusion, friendship, sportsmanship, respect, trust, integrity

Rules

The MTPA will make all attempts to follow the Canadian Team Cattle Penning Association (CTCPA) official rules with limited exceptions. Any all exceptions will be listed hereafter within the rules section of this document. https://canadianpenning.com/rules/

Youth:

Youth members are 16 years of age and under as of January 1st. Jr. Youth must be 12 and under as of January 1st to compete in the Jr. Youth class. No cross entry is permitted between the Jr. and Sr. Youth classes.
Youth riders must wear a helmet.
In the Jr. youth class all CTCPA rules apply. In addition to these rules the MTPA allows one trash cow over the line during the run, this cow must be cut out prior to penning the cattle. If the trash cow enters the pen the run will be disqualified.

Show Regulations:

All penners must be MTPA and Manitoba Horse Council members and must have a CTCPA classification card.
A person may compete in two sanctioned events (home town rule) before a membership is required. However all new entrants must sign a waiver and have a classification form filled out. The director in charge is to be provided by the show secretary (at the time of entries, prior to the show) of any entrants wishing to take advantage of the home town rule. A criteria number will be then assigned to each penner.
Any points accumulated previous to purchasing a membership will not count toward year end standings.
Points accumulated on the day a membership is purchased will count even if the membership is purchased after the penning is completed.
Individual points of MTPA members earned while penning with non-members will have these points counted towards year-end individual standings.
All dogs must be on leashes
All riders under the age of 18 must wear a helmet
Know your order of go and be ready, 30 sec time limit for late team/rider before disqualification. If late rider is disqualified they can longer ride with that team if the team progresses.
Respect fellow penners, officials, and volunteers. Please review the MTPA zero tolerance statement below.
Proper conduct is expected at all times.

MTPA Zero Tolerance for Abuse Statement:

The Manitoba Team Penning Association (MTPA) takes a zero-tolerance stance on verbal, emotional, sexual and/or physical abuse of any MTPA member, including but not limited to the Board of Directors, officials, volunteers, show committee, arena operators, and/or any paid employee of the MTPA during or after any MTPA sanctioned or affiliated show. MTPA also upholds a zero-tolerance stance on animal abuse:

The MTPA has referred to Rule #14 in the Canadian Team Cattle Penning Association (CTCPA) rules and regulations in the drafting of its zero-tolerance statement. For reference rule #14 is shared below:

Unsportsmanlike conduct by a team and/or rider may result in disqualification.

Unsportsmanlike conduct is defined as abuse of one’s horse or cattle, excessive use of foul language, intoxication in the arena or on the grounds or any other conduct felt to be detrimental to the sport of team penning. Abuse of one’s horse may include but is not limited to excessive jerking, spurring, whipping, slapping or kicking or riding a horse that is visibly lame, sick or emaciated. Unsportsmanlike conduct may also be levied against a rider showing disrespect, physical, verbal or written abuse to a Judge, Line Official, Show Management, or any show or facilities staff. Any rider who shows disrespect to those parties listed in the previous sentence will be awarded an unsportsmanlike conduct and will be disqualified for that day of competition and all entry fees for the day will be forfeited. This rule is to be enforced by the presiding Judge, Arena Director and/or Show Management.

The sanctioned association and/or the CTCPA reserves the right to suspend any rider from competing in the balance of the show at which the offence took place and further, will review the offence to determine if further suspension is required.

Unsportsmanlike conduct may also be levied for any physical, verbal or written abuse to any member of a rating committee regardless if it occurs during or outside of a sanctioned event. This rule will be enforced by the local association and/or the CTCPA.

The MTPA recognizes its’ responsibility and obligation to protect the safety, physical and mental well-being of every individual involved in its community. The MTPA also recognizes the need to take any situation involving misconduct or maltreatment very seriously. Under the direction of SAFESPORT Manitoba the MTPA chooses to uphold the Universal Code of Conduct to Prevent and Address Maltreatment in Sport, Version 5.1. A copy of the code can be found at

https://manitobahorsecouncil.ca/Downloads/Coaching/UCCMS-v5.1-FINAL-Eng%20(1).pdf

The MTPA has also taken a stance to uphold the Equine Code of Practice in conjunction with the Manitoba Horse Council (MHC). The MTPA is a MHC sanctioned association and membership with MHC is required to be a member of the MTPA. The following statement is taken from the MHC website in reference to the Equine Code of Practice.

“The Code of Practice for the Care and Handling of Equines was released in 2013 by the National Farm Animal Care Council. It is intended to promote sound management and welfare practices in regards to responsible horse, pony, donkey and mule ownership, health management, feeding, housing, feedlot management, principles of training, euthanasia and other husbandry practices. Consequently, it should inspire meaningful discussion on how people operate and improve how caregivers, and the industry in general, deal with grey areas.

The Code clearly identifies “Requirements” as well as “Recommended Practices”. Requirements will refer either to a regulation or an industry-imposed expectation. The Code’s Recommended Practices further support the requirements in conjunction with promoting education and the adoption of practices for continuous improvement in animal welfare outcomes. A copy of the code can be found at

https://www.nfacc.ca/codes-of-practice/equine-code

The Board of Directors of the MTPA are responsible for the management of complaints brought forward by any association member, employee, show host, show committee, arena operator, volunteer, and officials at a MTPA sanctioned event. In order to ensure consistent management of complaints and adherence to rule #14 of the CTCPA rules and regulations the following process is to be utilized to manage such matters.

Upon receipt of a verbal complaint the Board of the MTPA will request the complaint in writing within 24 hours of the verbal complaint being lodged with a Board member.

In this time the Board of the MTPA will convene a meeting to discuss the nature of the complaint and if any immediate disqualification or penalties are required.
- If the complaint is brought forward during a show the Board of the MTPA has the right to halt the show until such a time a decision is made with the presiding judge about immediate disqualification and/or penalties. The Board of the MTPA will defer to the presiding judge for decisions of this nature and will fully support the judge in their decision.
- If the complaint is lodged after a show and should have resulted in disqualification or penalties during the show the association member may be required to pay back any winnings from the show and/or have the show no longer count towards the required number of shows to attend the MTPA finals and/or the CTCPA National Finals.
- The severity of these consequences will be determined by the severity of the complaint and if the association member has had previous verbal and/or written warnings for similar infractions.

If the complaint is found to be valid by the Board and/or the presiding judge, there will be an immediate disqualification from the remainder of the show. (If the Board and Judge disagree the Judge’s decision will prevail.)
- Upon disqualification the association member will forfeit all entry fees and will be replaced with an equally rated rider on any upcoming runs to provide the remaining team members an opportunity to continue to compete. If an equally rated rider is not available, the remaining team members can agree to have a less rated rider ride with them in the remaining runs or the remaining team members may also choose to drop those runs and receive their entry fees back.
- Upon disqualification the association member will also no longer be eligible to collect any winnings from previous runs during the competition. These winnings will remain in the winnings for the class and be considered added money to the payouts for other teams. Remaining team members on those winning teams will receive their winnings from those runs.
- Upon disqualification from the show the association member will receive;
  - First infraction the association member will receive a verbal warning.
  - Second infraction the association member will receive a written warning plus a fine in the amount of $500 (donated into the youth classes).
  - Third infraction will result in removal of the association member’s MTPA membership (for the remainder of the season and the next year’s season) plus a fine in the amount of $1000 (donated into the youth classes).
  - Both verbal and written warnings will remain on the member’s file for the remainder of the season and for the following season. If no other infractions occur in the time period the file will be cleared.
- Refusal to pay any fines levied will result in the association member being placed on the CTCPA restricted members list and the member will be unable to compete in any MTPA and CTCPA sanctioned shows until the fine has been paid.

A complaint that is lodged with the board after the completion of a show must be provided in writing to the board within 48 hours of the show ending. At this time the board will convene an emergency board meeting to discuss the complaint. If required, the judge from the show may be invited to join these discussions. If the complaint being brought forward during the show would have resulted in a disqualification from the show the following will occur;
- First infraction the association member will receive a verbal warning.
- Second infraction the association member will receive a written warning plus a fine in the amount of $500 or the winnings from the show in question, whichever is higher (donated to the youth classes).
- Third infraction will result in the removal of membership for the remainder of the season and the next year’s season plus a fine in the amount of $1000 or the winnings from the show in question, whichever is higher (donated to the youth classes).
- Both verbal and written warnings will remain on the member’s file for the remainder of the season and for the following season. If no other infractions occur in the time period the file will be cleared.
Refusal to pay all fines levied will result in the association member being added to the CTCPA restricted members list and will be unable to compete in any MTPA and CTCPA sanctioned shows until the fine has been paid.
A complaint that involves unwitnessed abuse of a person and/or animal will be treated as an allegation and investigated by the board. Interviews with all parties will occur prior to a decision being made.
Any reports of sexual and/or physical abuse/violence will be reported to the RCMP/local law enforcement immediately, the MTPA board will support law enforcement in their investigation into such matters. During the course of an investigation involved parties may not be permitted to attend MTPA sanctioned shows, this will be determined on a case-by-case basis.

Members may appeal the Board’s decision by following the outlined procedure below.
- A written letter of appeal to the Board within 24 hours of receipt of the written decision provided to the association member. The letter must contain a complete explanation and rationale for why the member feels the decision is not fitting or needs to be reconsidered. (Appeals will only be accepted and permitted on a first or second infraction.)
- The Board will convene an emergency board meeting within 48 hours of the receipt of the written appeal, at this time the board will convene an appeals committee to address the decision and subsequent appeal in a fair and non-bias manner. The appeals committee will consist of 2 MTPA board member (one nominated by the board and one nominated by the appealing association member), 2 MTPA association members (one nominated by the board and one nominated by the appealing association member), a member of the CTCPA board and the current President of the MTPA (acting as chair for the committee and will not have a vote)
- The appeals committee is to be struck and meet within 7 days of the emergency board meeting.
- A decision will be provided in writing to the MTPA board and the association member within 48 hours of the appeals committee meeting.
- During the appeal process the association member will be allowed to continue to enter MTPA sanctioned events if all fines have been paid to the MTPA. (This will only be permitted on a first or second infraction.)

Conditions of Membership

A member in good standing with the MTPA will annually complete all required documentation, provide proof of Manitoba Horse Council membership or other provincial equivalent and pay all membership fees as outlined by the association.

Terms and Descriptions of all Board Positions

President

2 year term

Must have been an MTPA board member for at least 1 year (at any time)

Call and chair meetings, including the annual AGM

Non-voting position unless to break a tie

Co-signer on cheques

(If for some reason these requirements can not be met the membership can so choose to elect a president that does not meet the above listed requirements)

Vice President

2 year term

Vice President must be a board member that has already served at least a one year term as a board member.

Will call and chair meetings if the President is absent.

If the President is unable to complete their term or resigns their position before their term is complete the Vice President will assume the role of President until such a time a new president can be voted in by the membership.

Secretary

3 year term

Take minutes at the meetings and distribute

Organize the AGM

Create an Agenda for executive meetings and AGM

Must be voted in by the general membership at the AGM

Treasurer

3 year term

Voted in by the general membership at the AGM

Responsible for all financial recordings

Co-signer on all cheques

Produce monthly financial reports to be present at all pennings.

Deposit all monies, withdraw all monies from bank for pennings, prepare cash float for pennings.

Keep membership list

Directors (6 positions)

2 year term

Voted in by the general membership at the AGM

Assist with running, decision making and rulings of the MTPA

Help with fundraising events

Chair committees as needed

Past President

1-2 year term

Non-voting member

Not required to attend all meetings

Intention of the position is to create a smooth transition for the incoming President.

The Office of Director shall be automatically vacated:

a) if a Director shall resign their office by delivering a written resignation to the Secretary of the Association.
b) if they are found by a court to be of unsound mind;
c) if at a special General Meeting of members a resolution is passed by 75% of the members present at the meeting that they be removed from office;
d) on death;

provided that if any vacancy shall occur for any reason in this paragraph contained, the Board of Directors by a majority vote, may, by appointment, fill the vacancy with a member of the Association.

Powers of Directors

The Directors of the Board may administer the affairs of the Association in all things and make or cause to be made for the Association, in its name, any kind of contract which the Association may lawfully enter into and, save as hereinafter provided, generally, may exercise all such other powers and do all such other acts and things as the Association is by its charter of otherwise authorized to exercise and do.

The Directors shall have power to authorize expenditures on behalf of the Association from time to time and may delegate by resolution to an officer or officers of the Association the right to employ and pay salaries to employees. The Directors shall have the power to enter into a trust arrangement with a trust company for the purpose of creating a trust fund in which the capital and interest may be made available for the benefit of promoting the interest of the Association in accordance with such terms as the Board of Directors may prescribe.

The Board of Directors shall take such steps as they may deem requisite to enable the Association to acquire, accept, solicit or receive legacies, gifts, grants, settlements, bequests, endowments and donations of any kind whatsoever for the purpose of furthering the objects of the Association.

The officers of the Association shall be President, Vice-President, Secretary and Treasurer and any such other offices as the Board of Directors may by by-laws determine. Any two offices may be held by the same person.

Officers shall be elected at the annual meeting of the members.

The Officers of the Association shall hold office for minimum of two years from the date of appointment or election or until their successors are elected or appointed in their stead. Officers shall be subject to removal by resolution of the Board of Directors at any time.

Election of the Board

The election of the Board of Directors is to occur at the Annual General Meeting (AGM). Nominations may be submitted prior to the AGM via email or mail. The nomination must contain the signature of the nominee to signify their acceptance of the nomination. Nominations may also occur from the floor of the AGM if the nominated member is present and able to accept their nomination.

Voting will occur at the AGM by secret ballot and/or online anonymous voting options. Three scrutineers will be selected by the board prior to the AGM to ensure fairness in the voting process. Two scrutineers will count ballots in a private area and the remaining scrutineer will oversee the process to ensure fairness.

Members must 18 years of age or older to vote at the Annual General Meeting. There shall be no more than 2 votes per family membership.

Indemnification

Every Director or officer of the Association or other persons who has undertaken or is about to undertake any liability on behalf of the Association or any company controlled by it and their heirs, executors and administrators and estate and effects, respectively, shall from time to time and at all times, be indemnified and saved harmless out of the funds of the Corporation, from and against;

a) all costs, charges and expenses which such Director, officer or other person sustains or incurs in or about any action, suit or proceedings which is brought, commenced or prosecuted against them, or in respect of any act, deed, matter or thing whatsoever, made, done or permitted by them, in or about the execution of their office or in respect of any such liability.
b) all other costs, charges and expenses which they sustain or incur in or about or in relation to the affairs thereof, except such costs, charges or expenses as are occasioned by their own willful neglect or default.

Execution of Documents

Contracts, documents or any instruments in writing requiring the signature of the Association, shall be signed by any two officers and all contracts, documents and instruments in writing so signed shall be binding upon the Association without any further authorization of formality. The Directors shall have the power from time to time by resolution to appoint an officer to officers on behalf of the Association to sign specific contracts, documents and instruments in writing. The Directors may give the Association’s Power of Attorney to any registered dealer in securities for the purpose of the transferring of and dealing with any stocks, bonds, and other securities of the Association.

Meetings

The annual or any other general meeting of the members shall be held in the Province of Manitoba as the Board of Directors may determine and on such day as the said Directors shall appoint. The members may resolve that a particular meeting of the members be held outside Canada.

At every annual meeting, in addition to any other business that may be transacted, the report of the Directors, the financial statement and the report of the auditors shall be presented and auditors appointed for the ensuing year. The members may consider and transact any business either special or general at any meeting of the members. The Board of Directors or President or Vice-President shall have power to call, at any time, a general meeting of the members of the Association. The Board of Directors shall call a special general meeting of the members on written requisition of members carrying not less than 20% of the voting rights. Five (5) Directors and ten (10) general members present in person as a meeting will constitute a quorum.

Fourteen (14) days’ written notice shall be given to each voting member of any annual or special general meeting of the members. Notice of any meeting where special business will be transacted should contain sufficient information to permit the member to form a reasoned judgement on the decision to be taken. Notice of each meeting of the members must remind the member that they had the right to vote by proxy.

Each voting member present at a meeting shall have the right to exercise one vote. A member may, by means of a written proxy, appoint a proxyholder to attend and act at a specific meeting of members, in the manner and to the extent authorized by the proxy. A proxyholder must be a member of the Association.

No error or omission in giving notice of any annual or general meeting or any adjourned meeting, whether annual or general, of the members of the Association shall invalidate such meeting or make void any proceedings taken thereat and any member may at any time waive notice of any such meeting and may ratify, approve and confirm any or all proceedings taken or had thereat. For purpose of sending notice to any member, Director or officer for any meeting or otherwise, the address of the member, Director or officer shall be his last address recorded on the books of the Association.

Voting of Members

At all meetings of members of the Corporation every question shall be determined by a majority of votes unless otherwise provided by statute or by these by-laws.

Financial Year

Unless otherwise ordered by the Board of Directors the fiscal year of the Corporation shall be December 31.

The Board of Directors may appoint committee whose members will hold their offices at the will of the Board of Directors. The Board of Directors shall determine the duties of such committees.

Amendment of By-Laws

The by-laws of the Association not embodied in the Letters Patent may be repealed or amended by by-law enacted by a majority of the Directors at a meeting of the Board of Directors and sanctioned by an affirmative vote of at least two-thirds (2/3) of the members at a meeting duly called for the purpose of considering the said by-law, provided that the repeal or amendment of such by-laws shall not be enforced or acted up on until the approval of the membership has been obtained.

Auditors

The members shall at each annual meeting appoint an auditor to audit the accounts of Association for report to the members at the next annual meeting. The auditor shall hold office until the next annual meeting provided that the Directors may fill any casual vacancy in the office auditor. The remuneration of the auditor shall be fixed by the Board of Directors.

Books and Records

The Directors shall see that all necessary books and records of the Association required by the by-laws of the Association or by any applicable provincial mandate or law are regularly and properly kept.

Rules and Regulations

The Board of Directors may prescribe such rules and regulations not inconsistent with these by-laws relating to the management and operation of the Corporation as they deem expedient, provided that such rules and regulations shall have force and effect only until the next annual meeting of the members of the Corporation when they shall be confirmed, and failing such confirmation at such annual meeting of members shall at and from time to time cease to have any force and effect.

Interpretation

In these by-laws and in all other by-laws of the Association hereafter passed unless the context otherwise requires, words importing the singular number or the feminine gender, as the case may be, and vice versa, and references to persons shall include firms and corporations.