FRANCIS HOWELL CENTRAL HIGH SCHOOL BAND BOOSTERS, INC. ST. CHARLES COUNTY, MISSOURI CONSTITUTION AND BY-LAWS

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1 FRANCIS HOWELL CENTRAL HIGH SCHOOL BAND BOOSTERS, INC. ST. CHARLES COUNTY, MISSOURI CONSTITUTION AND BY-LAWS Effective: April 20, 2004 Amended: March 19, 2013 ARTICLE I- Name The name of the corporation shall be the Francis Howell Central High School Band Boosters, Inc. In this document it may be referred to as simply the Corporation. ARTICLE II Objective The object of the Francis Howell Central High School Band Boosters, Inc. shall be: Section I: To arouse and maintain an enthusiastic interest in the advancement and welfare of the band programs. Section II: To individually and collectively lend all support possible, both moral and financial, to the bands. Section III: To encourage the students pride in their accomplishments by providing an appreciative audience for their performances. Section IV: To build and maintain an organization, which will assist in the constant promotion of the activities of the bands and will be a credit to the school and community. Section V: To assist the Band Director in carrying out school policies. Section VI: To assist in providing additional finances as required for those facets of the Band programs not included in the Francis Howell School District appropriations. ARTICLE III Membership Section I: Active members shall be parents or guardians of current students enrolled in any Francis Howell Central band or Color Guard program. Section II: All active members are responsible to volunteer to Support Band Booster activities. Section III: A simple majority vote of attending members rules at all meetings. The Band Director may veto any action of this Corporation that, in his opinion, is detrimental to the best interest of the students at Francis Howell Central. Section IV: There will be no dues assessed for membership in this corporation. Section V: All Francis Howell Central High School faculty, administrators and District officials shall be welcome to all meetings and functions.

2 ARTICLE IV Officers Section I: The officers of this Corporation shall be a President, President-Elect, Vice President, Secretary, Treasurer and Treasurer-Elect. There will also be an Independent Auditor who will be a non-voting member and has no student currently in the band program at Francis Howell Central High School. All officers must meet membership requirements as defined in Article III of the Constitution. Section II: Student Representatives shall be selected by the Executive Committee to represent the interests of the band Boosters to the student membership of the Francis Howell Central band programs. Criteria for consideration will include, but not be limited to, interest in the band programs, ability to interact with the Executive Committee and the ability to convey Booster interests to the student membership. The Student Representative is a non-voting member of the Executive Committee. Section III: The acting Executive Committee shall have the final decision on any question of the interpretation of the Constitution and By-Laws. Section IV: The Band Director may veto any action of the Corporation, which, in their opinion, is detrimental to the best interest of the students of Francis Howell Central. BY-LAWS ARTICLE I Duties of the Officers Section I: The President is the chief executive officer of this Corporation and is responsible for fulfilling the mission of this organization. The President will preside over all general meetings and the Executive Board meetings; appoints all Committees, in conjunction with the Executive Board, and has general supervision of the operation of this Corporation. The President shall be an ex officio member of all Committees of this organization. A. The President will serve a two-year term, with the first year served as the President- Elect. B. The President shall appoint all other vacant offices until the next regularly scheduled general election. Section II: The President-Elect shall assist the President in the execution of their duties. The intent of the office is to gain an understanding of the activities associated with the office of President and to have insight into the remaining Executive Board offices. A. In order to provide continuity in leadership and program objectives, the President- Elect shall serve a two year term, with the second year as President. Section III: The Vice-President shall serve a one-year term and perform the following duties: A. Assume all duties of the President in the absence of the President. B. Coordinate all maintenance issues related to the band truck and trailer. For those events where rental vehicles are required, the Vice-President will make all arrangements necessary to transport band equipment. C. Maintain insurance related to the band vehicles and ensure an adequate numbers of drivers are assigned for each trip.

3 D. Coordinate and assign chaperones for all band trips and events. E. If, for any reason, the office of the President becomes vacant, the Vice- President shall assume this office causing the office of the Vice-President to become vacant. Section IV: The Secretary shall serve a one-year term and perform the following duties: A. Maintain all Corporation records (past and present) and generate all correspondence. B. Keep a current record of all general meetings and Board meetings. C. The Secretary has custody of Incorporation documents, Constitution and all other records and documents of this Corporation and committees; maintains an accurate and complete roster of individual members of this Corporation. D. Maintain the Band Parent Survival Guide and Handbook and the Spartan Regiment handbook for distribution by the Director of Bands at a time of the Director discretion. E. Maintain comprehensive contact lists for former Band and Guard students. These contact lists shall be for the purpose of correspondence and liaison. F. Maintain an accurate file of medical and release forms for students. This will include family and other participants when travel dictates the need for such information. Section V: The Treasurer shall serve a two-year term, with the first year served as the Treasurer-Elect. They will be responsible for working in unison with the Independent Auditor, maintaining the financial records of the Corporation and for providing control necessary to insure proper and secure handling of all funds of the Corporation, transfer funds from checking accounts to savings account as needed for normal operation of the Corporation. The Treasurer will maintain the individual statements in regards to fees and trip fund. The Treasurer and President are authorized to sign on behalf of the Corporation. The Treasurer will present the monthly financial report. A. All receipts and expenditures shall be handled in a savings or checking account in any bank in St. Charles County. B. For all trips, a cash emergency fund will be provided to the Vice-President for the purpose of costs associated with band equipment transport vehicles. An accounting of used and unused funds will be reported within 24 hours after trip completion. The unused portion shall be returned to the Treasurer Elect for redeposit. Section VI: The Treasurer-Elect shall assist the Treasurer in the Maintenance of all accounts and act as directed by the Treasurer. Specific duties include receiving all funds due the Corporation and administering the appropriate deposits. A. In order to provide continuity in the financial transactions of the Corporation. The Treasurer-Elect is expected to serve a two-year term, the second year will be served as the Treasurer. B. The Treasurer duties are specifically segregated such that the Treasurer will maintain all accounts payable and the Treasurer-Elect will maintain all accounts receivable. C. The Treasurer-Elect will maintain the individual fundraising accountability. Section VII: The Independent Auditor will be contracted for a fee to be negotiated with the Band Director similar to clinician fees and defined in fiscal year budget. The Independent Auditor will be responsible for maintaining the financial records of the Corporation and to aid in providing controls necessary to insure proper and secure handling of all funds of the Corporation, and

4 maintenance of individual balances for band accounts, monthly financial reports as well as individual statements (fees/trip fund) as needed. Also will be responsible for annual governmental regulated reports and filings. A. The Independent Auditor shall be insured and bonded. ARTICLE II Election of Officers Section I: Election of the officers shall be held at the February meeting of the Francis Howell Central High School Band Boosters Corporation. Nominations shall be taken from the floor at both the January and February meetings. Elections will be held at the February Francis Howell Central High School Band Booster Corporation Meeting Section II: New officers will be installed during the March meeting of the Francis Howell Central High School Band Boosters Corporation ARTICLE III The Executive Board Section I: The Executive Board shall be composed of the Officers of the Corporation, the Student Representative and the Director of the Band Department of the Francis Howell Central High School. Section II: The Executive Board shall have general supervision of the affairs of the Corporation. Section III: The Executive Board of the Corporation, with four consenting votes, shall have the power to spend up to two hundred fifty dollars ($250.00), as circumstances require with out membership approval. Section IV: The Executive Board will be assisted by the Fund Raising Committee and the Winter Program Representatives. Section V: Executive Board vacancies shall be filled by appointment of the President with approval of a simple majority of the Executive Board. Successor Executive Board members appointed under this Article and Section shall serve for only the remaining portion of the current term. ARTICLE IV Committees and Representatives Section I: The President shall appoint a Representative from each of the winter programs to serve as the liaison between the Executive Board and their respective programs. The Representative will be a Booster parent or guardian selected from the membership of the Winter Drumline and Winter Guard after tryout results have been announced. The Winter Program Representatives will be invited to the Executive Board Meetings as appropriate for their performance season. Section II: The Fund Raising Committee will coordinate all fund raising activities for the Corporation. The Committee shall consist of two standing members and as many volunteers as required to coordinate fund raising events. There is no limit to the number of Committee members.

5 A. The Fundraising Committee will have a Chairperson to coordinate the selection of fund raising events and their respective scheduling. The list of activities will be presented to the Executive Board for approval prior to announcements to the Corporation and submission for approval from the office of the Francis Howell Central Activity Director. The Chairperson will attend Executive Board meetings as requested. Co-Chairpersons will be permitted. Section V: Special Committees may be appointed as required by the President subject to conditions and limitations under Article II, Section I. The recommendations of the Band Director and the Executive Board will be considered in determining the need and scope of activities for Special Committees. ARTICLE V Meetings Section I: Robert s Rules of Order shall govern the parliamentary process of the Corporation, unless otherwise provided in these By-Laws. The order of business shall be: A. Reading of minutes from the previous meeting and approval. B. Report of officers and committees. C. Unfinished/old business. D. New business. Section II: The regular meetings shall be held once each month. The Corporation shall establish the regular meeting dates. Section III: Special meetings may be called by the President or the Executive Board. ARTICLE VI Financial Reports Section I: The Treasurer shall present a financial report at each Executive Board meeting and regularly scheduled Booster meeting. The report shall be of sufficient detail to identify the status of all bank accounts and transactions made since the previous report. Section II: An invoice of the student s individual statement of fees/trip fund will be prepared by the Treasurer upon request by that student s parent or guardian. The Executive Board shall identify Booster meetings where individual account statements will be made available regardless of requests. Section III: The annual financial report of all accounts will be prepared by the Individual Auditor prior to the end of the fiscal year for presentation to the new Executive Board. ARTICLE VII Fees Section I: The Band Director shall determine fees and payment deadlines for Marching Band, Winter Drumline, Winter Guard and any special trips. The Band Director will present proposal for fees and payment deadlines to the Executive Board for discussion.

6 Section II: Students that have not met the payment deadline for extracurricular programs or special trips will not be permitted to attend or participate in any band activities, including but not limited to the Band Banquet, until payment is received or arrangements have been made with the Band Director and Executive Board. Any student who is past due on fees will not be permitted to participate in future Marching Band or Winter Programs until all delinquent fees have been paid or arrangements have been made with the Band Director and Executive Board. Section III: Establishing a Help Fund for fee payments. Each year a Help Fund will be established to allow the Band Director to assist students with financial needs that may prohibit them from being able to pay any band fees. The Band Director may allocate amounts in the Help Fund each year as deemed appropriate to assist students with financial needs by partial or full waiver of the student s individual fees. Should 100% of the funds not be allocated in the current year, any remaining balance does not carry over into the subsequent year. The amount of the Help Fund will be determined on an annual basis as of the end of summer band camp for Marching Fees and as of the date of the first competition for Winter Drumline/Guard for Winter Fees and based upon the following formula: Total number of band participants, times 5%, rounded down to the nearest whole number, times the current year band fees. Example: Number of participants 117 x Five (5) Percent x 5.00% Equals 5.85 Rounded Down 5 Times Current Year Fees x $300 Current Year Help Fund Allocation $1500 ARTICLE VIII Scholarships and Awards Section I: Each year Francis Howell Central High School Band Boosters Corporation Scholarships shall be awarded in the amount of $ to graduation senior band students based on the following schedule; 1 15 Applicants 1 Scholarship Applicants 2 Scholarships Applicants 3 Scholarships For every additional fifteen applications the awards will be incremented by one scholarship. A minimum of one scholarship will be awarded per year. A. The President shall appoint a Scholarship Committee. Committee members must be a Band Booster in good standing and shall not be the parent or guardian of a graduating senior. Committee membership shall remain known to only the President and the Scholarship Committee members themselves. B. Scholarship applications shall be made available to all graduating band students through the Director of the Band Department. C. The applications must be used and personal interviews may be used to determine the merit of the applicants. The decision to utilize the personal interviews will be at the discretion of the Scholarship Committee and must be announced prior to application distribution. D. Payment of a scholarship shall be withheld until proof of enrollment of an institution of higher learning is supplied to the current Treasurer. In the event that the

7 student has not proven enrollment by January 1 of the following year, he/she shall forfeit the scholarship and that scholarship shall be paid to the alternate. E. Scholarship recipients shall not have outstanding fees or balances owed to this Corporation. Should a scholarship recipient owe monies to this Corporation, at the time of the award announcement, the scholarship shall be awarded to another applicant, as determined by the Scholarship Committee. ARTICLE IX Amendments to the Constitution Section I: Additions, deletions, or modifications to the By-Laws and Constitution shall be presented in writing at the regular scheduled Booster meetings. An acceptance vote shall be taken at the next regularly scheduled Booster meeting. A simple majority vote of attending members at the meeting is required to add, delete, or modify any provision of the Constitution. ARTICLE X Fund Raising Earnings Section I: No part of the net earnings may inure to the benefit of the individual. (Individual refers to an individual having a personal and private interest in the activities of the organization). Reg (a)-1(c) from Research Institute of America federal Tax Coordinator-IRS Publication 557. Section II: If a student should leave the instrumental band program (i.e. Marching Band, Symphonic Band, Jazz Band, etc.) either by quitting, moving or graduating, he or she forfeits all band fees. Any funds remaining in the student s trip fund may be disbursed to another sibling s trip fund. The sibling must be currently enrolled in the FHC Instrumental Band Program or will be an incoming first year marcher the next school year. If there are no siblings that meet the above criteria, the undisbursed trip fund will be rolled over to the Band Booster General Fund. ARTICLE XI Dissolution of the Corporation Section I: Upon dissolution of the Francis Howell Central High School Band Booster Corporation, the Executive Board shall, after paying or making provisions for the payment of liabilities of the Corporation, dispose of all assets of the Corporation exclusively for the purpose of the Corporation in such a manner, or to such organizations organized and operated exclusively for educational purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law), as the Executive Board shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the Corporation is then located, exclusively for, such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes. ARTICLE XII Severability That should any article, section, clause or phrase of this Constitution and By-Laws, for any reason held to be invalid, such part shall be deemed severable and the remaining portion shall continue in full force.