BYLAWS AND CONSTITUTION

Transcription

1 FVHS Golf Booster Club An Unincorporated Association BYLAWS AND CONSTITUTION ARTICLE 1 - NAME The name of this organization is the FVHS Golf Booster Club. ARTICLE 11 - PURPOSE The purpose of this organization is to support the boy's and girl s amateur golf program at Fountain Valley High School. The Association will work with the school administration and its athletic advisors and coaches to promote a positive and first-rate golf program, to promote good sportsmanship, and to encourage academic scholarship for its student-athletes. To accomplish these goals, the organization will endeavor to provide financial support through appropriate fundraising activities to help cover the program's costs (uniform, equipment, tournament, and transportation expenses, and related). This Association shall comply with all rules and policies required by Fountain Valley High School and Huntington Beach Union High School District. This association is organized and operates exclusively as a "qualified amateur sports organization" within the meaning of Sections 501 (c) and 501 (j) of the Internal Revenue Code and applicable California conforming legislation.

2 ARTICLE BASIC POLICIES A. No part of the earnings of the organization shall insure to the benefit of, or be distributable to its members, directors, trustees, and other private persons, except that the organization shall be empowered to make payments and distributions in furtherance of the purpose set forth in Article 11 hereof. B. Upon dissolution of this organization, after paying or adequately providing for the debts and obligations of the organization, the remaining assets shall be distributed to one or more nonprofit funds, foundations, or organizations which have established their tax exempt status under Section 501 (c) (3) of the Internal Revenue Code and are listed as such in IRS Publication 78. ARTICLE IV - MEMBERSHIP A. Membership in this association shall be made available without regard to race, color, creed or national origin, and is open to all families who support the players listed on the Varsity and Junior Varsity golf rosters. B. Voting membership in the association shall consist of all members who have sons or dependents active as players in the golf program. C. Membership in this organization shall terminate upon member s request, or by the authority of the Executive Board. D. Any and all monies donated into the Association s treasury is nonrefundable upon the member s termination. ARTICLE V - FINANCIAL A. The annual budget will be drafted by February of the current fiscal year at which time the suggested donation and other supplemental fundraising endeavors will be determined. B. The budget and annual donations will then be presented at the first general meeting of the membership for approval and reviewed monthly by the treasurer. C. Additional fundraising will take place as needed. The Executive Board will approve all fundraising endeavors. D. The uniforms and equipment as paid for by the Boosters, is the sole property of the Boosters. If any equipment is lost or stolen or suffers excessive damage, replacement cost will be charged to the player. E. All monies spent on unforeseen expenses must have board approval. F. Any check in excess of $250 must have two signatures.

3 ARTICLE VI - FISCAL YEAR AND IDENTIFICATION NUMBER A. The fiscal year of this association shall begin June 1 and end May 31. B. The IRS identification number for this association is ARTICLE VII - MEETINGS A. General meetings will be held at least two times per year and/or as deemed necessary by the Executive Board. General meetings require at least seven (7) days prior notification. Executive Board meetings will be held as needed. Six (6) members in addition to the board shall constitute a quorum for the transaction of business in any meeting. B. The first general meeting shall by held no later than August of the current fiscal year primarily for the purpose considering and approving the fiscal year's budget. A general meeting will be held before the end of the fiscal year to finish all business, to reconcile all financial endeavors, and to appoint officers if needed. C. The Secretary of the association shall keep accurate minutes of the proceedings of the general meetings, to be reviewed by the Executive Board on or before the next general meeting. D. Executive board meetings will be called by the President, with at least four (4) days prior notification. ARTICLE VIII - EXECUTIVE BOARD A. The Executive Board shall consist of officers of the association. Committee Chairpersons may also be included at Executive Board meetings. B. The Executive Board shall transact necessary business between the general meetings of the association's membership and such other business as may be referred by the membership. C. The Executive Board may authorize the payment of association bills within the limits of the budget adopted by the association's membership at the first general meeting of the fiscal year. D. The Executive Board shall create committees as are deemed necessary to carry on the work of the association. E. The Executive Board shall review the bylaws of this association annually, and will submit a copy of the bylaws to the Fountain Valley High School activities office before the end of February.

4 ARTICLE IX - OFFICERS AND THEIR APPOINTMENT The officers of this association shall be President, Vice President, Secretary, and Treasurer. Officers must be voting members of the association in good standing as set forth in Article II. Appointment of officers shall be determined by the general membership in attendance at the spring meeting. The Varsity Boys Head Golf Coach will oversee the functions of the Booster Association. The Executive Board will report directly to the Head Coach. Officers shall serve for a term of one year, commencing with the start of the associations fiscal year. No officer shall be eligible to hold the same office for more than three (3) consecutive terms. Any vacancy that occurs will be filled by a person approved by the Executive Board for the remaining term. DUTIES OF OFFICERS President: 1. Presides at all general meetings of the association and Executive Board 2. Become a member ex-officio of all committee meetings. 3. Be the official representative of the associations dealings with school officials and require liaison meetings. 4. Be a signer on the checking account. 5. Ensure the timely preparation of required documents and the annual budget. 6. Have all newsletters, flyers, and notices approved by the proper school authorities, if necessary. 7. Have all contracts and other legally binding documents approved by the Executive Board. 8. Not be related by blood or marriage or reside in the same household as the other authorized signers for the association's financial accounts. 9. Perform such other duties as may be prescribed in the bylaws or assigned by the association's general membership. VICE PRESIDENT 1. Presides in the absence of the President. Will assume the duties of any necessary committee chairperson if such position becomes vacant or is otherwise unfilled. 2. Will assist the president in the performance of his duties when and as needed.

5 SECRETARY 1. Keep accurate minutes and records of the proceedings of the association's general meetings and the Executive Board meeting. 2. Keep a current list of the association's membership, including rosters of each team, with current contact information. 3. Keep a copy of the bylaws and other standing rules and regulations. 4. Be responsible for correspondence with the membership, with the exception of those communications required of duly appointed chair committees. TREASURER 1. Be a signer on the checking account. 2. Receive all funds for the association, giving a receipt thereof, and depositing immediately in the name of the association in a bank approved by the Executive Board. 3. Prepare a budget for adoption by the association. 4. Receive and retain a copy of all receipt and deposit slips. 5. Pay bills as authorized by the Executive Board or the association. 6. Present an updated statement of receipts and expenditures at every Executive Board meeting, along with any financial information needed to reconcile business. 7. Reconcile the Association bank statements. 8. Provide all financial records to a Board approved Accountant to file, if required, all tax authority and regulatory filings, to include: a. IRS Form EZ if "gross receipts" (as defined) exceed $25,000. b. California FTB Form 199 (Cal Exempt Organization Annual Information Return). c. California Attorney General Form RRF-1 (Annual Registration Report).

6 ARTICLE X - Committees There shall be committees created by the Executive Board as may be required to carry on the work of the association. The Chair and members of the committees must be voting members in good standing as set forth in article II. The following is a list of committees. Additional committees may be added to this list as needed as determined by the Executive Board. 1. Team Parents 2. Banquet 3. Website 4. Picture Coordinator 5. Finance ARTICLE XI Conflict of Interest Policy The Organization has adopted a conflict of interest policy (attached hereto) to protect its tax exempt status.

7 Approved: Brian Feltman, President Dated Mary Argy, Vice President Dated Joan Pritchard, Secretary Dated Eric Nakasu, Treasurer Dated

8 CONFLICT OF INTEREST POLICY FVHS Golf Booster Club Adopted February 5, 2014 I. Purpose a. The purpose of the conflict of interest policy is to protect this tax-exempt organizations (FVHS Golf Booster Club) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations. II. III. Definitions a. Interested Persons i. Any director, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person. b. Financial Interest A person has a financial interest if the person has, directly or indirectly, through business, investment, or family: i. An ownership or investment interest in any entity with which the Organization ii. iii. has a transaction or arrangement, A compensation arrangement with this Organization or with any entity or individual with which the Organization has a transaction or arrangement, or A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which this Organization is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. A financial interest is not necessarily a conflict of interest. A person who has a financial interest may have a conflict of interest only if the governing board or committee decides that a conflict of interest exists. Procedures a. Duty to Disclose i. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement. b. Determining Whether a Conflict of Interest Exists i. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or

9 committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists. c. Procedures for Addressing the Conflict of Interest i. An interested person may make a presentation at the governing board or ii. iii. iv. committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement. After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization's best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement. d. Violations of the Conflicts of Interest Policy i. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose. ii. If, after hearing the member's response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action. IV. Records of Proceedings The minutes of the governing board and all committees with board delegated powers shall contain: a. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board's or committee's decision as to whether a conflict of interest in fact existed. b. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection

10 with the proceedings. V. Compensation a. A voting member of the governing board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member's compensation. b. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member's compensation. c. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation. VI. VII. Annual Statements Each director, principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person: a. Has received a copy of the conflicts of interest policy, b. Has read and understands the policy, c. Has agreed to comply with the policy, and d. Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes. Periodic Reviews To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects: a. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm's length bargaining. b. Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organization's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction. c. When conducting the periodic reviews, the Organization will engage and/or utilize the Board s approved Accountant. The use of outside experts shall not relieve the governing board of its responsibility for ensuring periodic reviews are conducted. END OF DOCUMENT