BY-LAWS OF BRUSH /MEMORIAL ATHLETIC BOOSTERS CLUB

Transcription

1 Amended Sept, 2013 BY-LAWS OF BRUSH /MEMORIAL ATHLETIC BOOSTERS CLUB Article I: Name The name of this organization shall be the Brush/Memorial Athletic Booster Club. Article II: Objectives The Objectives of the Brush/Memorial Athletic Booster Club hereinafter referred to as the Boosters Club or Club shall be: (1) To support boys and girls' athletic and athletic -related activities of the South Euclid-Lyndhurst School District; (2) To recognize athletes and promote athletic standards of Brush High School; (3) To advocate the health and safety of the athletes through appropriate athletic rules and regulations; (4) To develop and maintain good will and good relations for the total athletic program as it affects both students and community; (5) To raise funds for these objectives. Article III: Basic Policies Section 1. This o r g a n i z a t i o n s h a l l c o o p e r a t e w i t h t h e South Euclid-Lyndhurst School District administration including the governing board for secondary athletics, the Athletic Council. Section 2. This organization shall be non-commercial, non-sectarian, and non-partisan. It shall not endorse any commercial enterprise or any candidate for public office. The name of the Club or the name of any members in their official capacities shall not be used in any connection with a commercial concern or with a n y p a r t i s a n i n t e r e s t o r f o r a n y o t h e r p u r p o s e t h a n t h e r e g u l a r work of the Boosters Club. Section 3. This organization shall not directly or indirectly participate o r intervene in any political campaign on behalf of, or in opposition to, any candidate for public office. (Except School levies) Section 4. This organization shall seek neither to direct the administrative

2 activities of any school in the South Euclid - Lyndhurst School District nor to control its policies. Section 5. In the event of dissolution of this organization, the assets of the organization shall be distributed to the Athletic Department of Brush High School to use for any purpose deemed necessary. Article IV: Membership and Dues Section 1. Any adult interested in the Objectives of the Boosters Club who is willing to uphold its basic policies and subscribe to its By-Laws may become a member upon payment of dues as hereinafter set forth. Section 2. The annual dues for membership in the Boosters Club shall be set by the Executive Committee, in order to establish the Booster Club accounts. Section 13. The record of the membership dues shall be kept by the Chairperson of the Membership Committee. Section 4. An annual enrollment of membership shall be conducted in the months of August and September. Additional members may be accepted at any time. Section 5. Only paid up members of this organization shall be eligible to participate in its business meetings, or to serve in any of its elective or appointive positions. Section 6. All monies shall be deposited in the Booster Club accounts and disbursements therefrom shall be made under the specific direction of the Executive Committee. Section 7. The fiscal year of this organization shall be from the first day of July to the 30th day of June of the succeeding year. Section 1. Article V: Officers and Their Election (A) The officers of this Association shall be a President, one (1) First Vice President, a Secretary, and a Treasurer. (B) Officers shall be elected by ballot for a two year term. However, if there is but one nominee for any office, it shall be in order to move that the Secretary cast the elective ballot of the club for the nominee. (C) Officers shall assume their official duties at the close of the regular meeting in June, and shall serve for a term of two (2) years or until their successors are elected, (D) It is recommended that a person shall not be eligible to serve more than one (1)

3 consecutive term-in the same office. However, if no one is interested in the position an individual may serve consecutive terms. Section 2. (A) There shall be a Nominating Committee consisting of three (3) members, one (1) of whom shall be selected by the Executive Committee from its Committee, and two (2) selected from the membership. The Chairman of the Nominating Committee shall be the member selected from the Executive Committee. (B) The Nominating Committee may select up to two nominees for each office to be filled, and report at the regular meeting in May. (C) Following the report of the Nominating Committee an opportunity shall be given for nominations from the floor. (D) Only those who have consented to serve if elected shall be eligible for nomination, either by the Committee or from the floor. (E) El ection of offi ces shall be held at the regular meeting in June or July. Section 3. A vacancy occurring in any office shall be filled for the unexpired term by a person elected by a majority vote of the remaining members of the Executive Committee; notice of such election having been given. In case a vacancy occurs in the office of President, the first Vice President shall serve the remaining term of office. Article VI: Duties of Officers Section 1. The President shall preside at all meetings of the Club and of the Executive Committee; shall perform such other duties as may be prescribed in these By-Laws or assigned to him by the Club or by the Executive Committee; and shall coordinate the work of the officers of the committees, in order that the objectives may be promoted. Section 2. The first Vice President shall act as aid to the President and shall perform the duties of the President in the absence or inability of that officer to serve. Section 3. The Secretary shall record the minutes of all meetings of the Club and of the Executive Committee, and shall perform such other duties as may be delegated. Section 4. The Treasurer shall receive all monies of the Booster Club; shall keep an accurate record of receipts and expenditures and shall pay out funds in accordance with the approved budget as authorized by the Club. The Treasurer shall present a financial

4 statement at every meeting of the Club, and at other times when requested by the Executive Committee; and shall make a full report at the Annual Meeting in September. Section 4A. The Treasurer shall also make sure that the proper tax form 990 is filed with the IRS on or before November 15 of each year. The Treasurer's account shall be examined annually by an Auditor or an Auditing committee of not less than three (3) members, Who, satisfied that the Treasurer's annual report is correct, shall sign a statement of that fact at the end of the report. The Auditing Committee or Auditor shall be appointed by the Executive Committee at least two (2) weeks before the annual meeting. Section 5. All officers shall: (a) Perform the duties prescribed in the parliamentary authority in addition to those outlined in these By-Laws, and those assigned from time to time. (b) Deliver to their successors all materials within thirty (30) days after the June meeting. Article VII: Meetings Section 1. Regular meetings of this Club shall be held on the third Wednesday of the month, unless otherwise determined by the Club or. by the Executive Committee. Section 2. Special meetings may be called by the Executive Committee, ten (10) day notice having been given. Section 3. The Annual Meeting shall be in September. Section 4. Five (5) members shall constitute a quorum for the transaction of business in any meeting of this Club. Section 5. The privilege of holding office, introducing motions, debating, and voting shall be limited to members of this Club whose current dues are paid. Article VIII: Executive Committee Section 1. The Executive Committee shall consist of the officers of the Club; the high school Principal and Athletic Coordinator. The members of the Executive Committee shall serve until their successors are elected. The Principal and Athletic Coordinator are permanent members of the Executive Committee. Section 2. The duties of the Executive Committee shall be: (a) To transact necessary business in the intervals between regular meetings and such other business as may be referred to it by the Club;

5 (b) To create standing committees; (c) To present a report at the regular meeting; (d) To appoint an auditor or auditing committee at least two (2) weeks before the annual meeting to audit the Treasurer's accounts; (e) To approve the budget for the fiscal year. Article IX: Committees Section l. Committees shall be created by the Executive Committee as deemed necessary to promote the Objectives and carry on the work of the club. Section 2. The chairman of each committee shall present a plan of work to the Executive Committee for approval. No committees work shall be undertaken without the consent of the - Executive Committee. Section 3. The first Vice President shall be ex-officio member of all committees except the Nominating Committee. Article X: Parliamentary Authority Robert's Rules of Order-Revised shall govern this Club in all cases in which they are applicable and in which they are not in conflict with these By-Laws, and if there is a conflict then these By-Laws shall govern. Article XI: Amendments These By-Laws may be amended at the Annual Meeting of the Club by a two-thirds (2/3) vote of the members present, and provided the proposed amendment has been presented and read at the previous regular meeting. These By-Laws shall be effective as of Sept, 2013.

6 erisilfiratelm1 Bricker &Eckler A T T O R N E Y S A T L A W Larger Booster Groups Now Required to Register with Ohio Attorney General Bricker Bullet No October 4, 2012 The Ohio Attorney General, exercising the rule-making authority of his office, has significantly modified the administrative rule relating to the registration of school booster organizations as "charitable trusts." Under the prior rule, school booster clubs were exempted from registration. Under the amended rule, which became effective on August 10, 2012, school "booster clubs" which have gross receipts of $25,000 or more in any taxable year OR which hold $25,000 or more in assets at the end of any taxable year must now register with the Attorney General. The rule change applies not only to athletic booster groups but also to PTAs and alumni groups. Booster organizations required to register as "charitable trusts" will now be subject to a number of reporting requirements. Specifically, such booster groups will be required to > file an annual report, including certain tax information > submit copies of documents, including any applicable articles of incorporation, bylaws, or constitution (with subsequent amendments), and a copy of the IRS determination letter of tax exempt status, if available > notify the Attorney General of any revocation of tax-exempt status by the IRS > notify the Attorney General of the dissolution of the organization, together with a report on the final distributions > pay an annual fee of between $50-$200 (depending on amount of assets held). School booster groups subject to the new rule are required to register within six months of their creation or within six months after they meet the minimum dollar threshold for reporting. See Ohio Adm. Code 109:1-1-02(A). Registration is to be performed on the Attorney General's web site at this address. Questions concerning the above may be referred to the attorneys of the Education Practice Group at Bricker & Eckler LLP Laura G Anthony, Chair H. Randy Bank Melissa Martinez Bondy Diana S. Brown James P. Burnes Kimball H. Carey Melissa M. Carleton Jennifer A. Flint Dane A. Gaschen Susan E. Geary Susan B. Greenberger Warren I. Grody David J. Lampe Susan L. Oppenheimer Nicholas A. Pittner Sue W. Yount Please note... These Bricker Bullets are provided to BASA members as an informational service courtesy of the law km] of Bricker & Eckler LLP, a BASA Premier Partner. They are not intended to serve as a legal opinion with respect to any specific person or factual situation. Bricker & Eckler LLP (2012) v2