MALLARD CREEK HIGH SCHOOL ATHLETIC BOOSTER CLUB BYLAWS TABLE OF CONTENTS

MALLARD CREEK HIGH SCHOOL ATHLETIC BOOSTER CLUB BYLAWS TABLE OF CONTENTS Article I. Article II. Name Purposes & Policies Objectives Tax Exempt Purposes Basic Policies Article III. Article IV. Membership Officers Open Membership Dues Effectiveness Membership Year Elected Officers Qualification Term Vacancy Article V. Article VI. Article VII. Duties of Officers President Vice President(s) Secretary Treasurer Executive Committee Composition Duties Removal Athletic Director & Principal Final Decision-Makers Removal from Office Article VIII. Meetings Section 5. Section 6. Section 7. Executive Committee Meetings Open Meetings Executive Committee Quorum Membership Meetings Membership Quorum Majority Vote Notice Page 1 of 10

Article IX. Article X. Article XI. Committees Section 5. Section 6. Section 7. Finance Section 5. Section 6. Section 7. Elections Section 5. Section 6. Standing Committees Finance Committee Membership Committee Concessions Committee Spirit Wear Committee Communications Committee Special Committees Composition of Committee Monthly Financial Review Financial Review When Office Vacated Annual Financial Review Independent Review Checks & Expenditures Contracts & Other Financial Agreements Nominating Committee Election Majority Vote Notice Nominations from Floor Consent to Serve Article XII. Article XIII. Parliamentary Authority Amendments Page 2 of 10

Article I. Name MALLARD CREEK HIGH SCHOOL ATHLETIC BOOSTER CLUB BYLAWS The name of this organization shall be the Mallard Creek High School Athletic Booster Club (MCABC), hereinafter referred to as the Athletic Booster Club. Article II. Purposes & Policies Objectives. The objectives of this organization shall be: 1. To promote the interests of the Mallard Creek High School Athletic Program. 2. To create and uphold a feeling of fellowship in the Mallard Creek High School community. 3. To enthusiastically boost and support all Mallard Creek High School activities. 4. To recognize Mallard Creek High School athletes' accomplishments through a student recognition/scholarship program. Tax Exempt Purposes. This organization is a non-profit and non-stock membership organization organized exclusively for the charitable, scientific, literary, or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code (hereinafter referred to as Internal Revenue Code ). Basic Policies. The following are the basic policies of the Mallard Creek High School Athletic Booster Club: 1. This organization shall be noncommercial, nonsectarian, and nonpartisan. 2. This organization shall work to promote the health and welfare of children and youth and shall seek to promote collaboration between parents, schools, and the community at large. 3. No part of this organization's assets or net income shall inure to the benefit of, or be distributable to, any of its officers, directors or members or any other private individual either during the organization's existence or upon its dissolution, except as reasonable compensation paid or distribution made in connection with carrying out its non-profit purposes. 4. Notwithstanding any other provision of these bylaws, this organization shall not carry on any activities not permitted to be carried on (i) by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (ii) by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code. 5. Upon dissolution, after paying or adequately providing for the debts and obligations of this organization, all remaining assets of this organization shall be distributed either to a successor organization who undertakes to carry out the objectives of the organization or to an entity which is exempt from federal income taxes. 6. No officer or member of the Athletic Booster Club shall use this organization as a means of furthering any personal, political or other aspirations, nor shall the Club as Page 3 of 10

a whole take part in any movement not in keeping with the real purpose and objectives of the Athletic Booster Club. Article III. Membership Open Membership. The membership of the Mallard Creek Athletic Booster Club shall be open, without discrimination, to anyone interested in the progress and development of the athletic program of Mallard Creek High School. Dues. The Executive Committee shall determine the annual membership dues. Effectiveness. Membership shall become effective upon receipt of a completed membership application and payment of annual membership dues. Membership Year. The membership year shall run from July 1 through June 30. Article IV. Officers Elected Officers. The elected officers of this organization shall be a president, one or more vice presidents, a treasurer and a secretary. No Booster member shall serve in more than one elected position at a time. Upon taking office, each elected officer must be a member of the Athletic Booster Club. Qualification. Any Booster member whose membership is paid up shall be eligible to run for and serve as an officer and/or chairperson of any committee. Term. Officers shall take office on July 1 and shall serve until the following June 30 or until his/her successor is elected. A person may serve only two consecutive full terms in the same office. Vacancy. 1. President. A vacancy occurring in the office of president shall be filled for the unexpired term by a current member of the Executive Committee elected by a majority vote of all Executive Committee members then serving at an Executive Committee meeting called with at least three (3) days notice. 2. All other offices. A vacancy occurring in any other office shall be filled for the unexpired term by any member of the Athletic Booster Club who is elected by a majority vote of all Executive Committee members then serving at an Executive Committee meeting called with at least three (3) days notice. 3. Notice. The Executive Committee shall notify the membership of filling any vacancies at the next quarterly meeting of the membership. Page 4 of 10

Article V. Duties of Officers President. The President shall: 1. be the Chief Executive Officer of the organization; 2. shall preside at all meetings and shall be chairman of the Executive Committee. In the event the president will not be present at meeting, he/she shall designate another officer to preside at such meeting; 3. issue the call for special Board meetings; 4. name the date, time and place for full membership meetings; 5. appoint standing and special committees and act as an ex-officio member of each of these committees; 6. call for regular monthly committee reports; 7. see that annual elections are held; and 8. shall sign all contracts of the Athletic Booster Club that have been approved by the Executive Committee. Vice President(s). The Vice President(s) shall perform the duties requested by the President and the Executive Committee. In the event of a vacancy in the office of President, the Vice President, or the Vice Presidents acting together if there is more than one, shall assume the duties of the President until a new President is elected pursuant to Article IV, Section 4, of these Bylaws. Secretary. The Secretary shall be under the supervision and direction of the President and the Executive Committee. He/she shall keep the general club records, including minutes of the membership and Board meetings, committee appointments, officers list and list of members showing their contact information (mailing addresses, email addresses and telephone numbers), the current bylaws, legal documents, including but not limited to insurance policies and contracts, a copy of current and past tax returns, and current and past audit reports. Treasurer. The Treasurer shall: 1. collect, deposit and maintain all funds of the Athletic Booster Club in a bank recommended by the Executive Committee; 2. pay out monies only on the authority of the Executive Committee and in accordance with the established policies and procedures, and maintain records identifying the purpose and payee of all disbursements. All checks and vouchers must be signed in accordance with Article X, Section 7; 3. prepare and submit written monthly financial reports to the Executive Committee and present a financial report of income and expenses at each quarterly meeting of the membership; 4. file all required tax forms and reports in a timely manner, including but not limited to tax returns for the previous fiscal year, which returns may be prepared by an independent qualified accountant approved by the Executive Committee; 5. transfer all records to the Finance Committee by July 1 of each year, or within fifteen (15) days of resignation or removal from office occurring prior to the end of his/her term; and Page 5 of 10

6. provide assistance to the Finance Committee upon request. Article VI. The Executive Committee Composition. The Executive Committee shall consist of the officers of the Mallard Creek High School Athletic Booster Club and the Mallard Creek High School Athletic Director or a representative appointed by him/her. Chairs of the Standing Committees of the Athletic Booster Club shall be voting members of the Executive Committee. Duties. The Executive Committee: 1. shall be responsible for the execution, through its officers and committee chairpersons, of the authorized policies of the Athletic Booster Club. All major projects shall first be considered and approved by the Executive Committee; 2. shall determine all expenditure policies; 3. shall have the books and accounts reviewed annually; 4. shall hold special meetings when called by the President or by written request of five (5) members of the Athletic Booster Club in good standing; 5. shall designate or recommend a bank for deposit of funds; 6. by majority vote, shall have the power to overrule or modify the action of any officer of the organization; 7. shall also have the emergency power to act for the membership between meetings of the Athletic Booster Club; 8. shall adopt and abide by a Conflict of Interest Policy; 9. may adopt Standing Rules that shall not be in conflict with these Bylaws; and 10. may, for good cause, declare any office vacant upon two-thirds vote of the entire Executive Committee. Removal. In the event the Executive Committee finds reason for the dismissal of a fellow officer (i.e., relating to matters detrimental to the functioning of the Athletic Booster Club), the matter will be brought to the attention of the Athletic Director, who will meet with the Executive Committee to discuss any further action, which may include actions described in Article VII. Article VII. Athletic Director & Principal Final Decision-Makers. The Mallard Creek High School Principal and Athletic Director will be the final decision makers regarding all matters pertaining to the Mallard Creek High School athletic program. Removal from Office. The Mallard Creek High School Principal and Athletic Director may with reasonable cause request the resignation of any member of the Executive Committee of the Mallard Creek High School Athletic Booster Club. The Athletic Director's vote will break any tie in the vote among the Executive Committee. Page 6 of 10

Article VIII. Meetings Executive Committee Meetings. The Executive Committee shall meet monthly at a time and place designated by the President. Special Executive Committee meetings may be called at the discretion of the President or Athletic Director. Executive Committee meetings may be held by a telephone or electronic conference system that allows all participating members to simultaneously hear and speak to each other during the meeting. An Executive Committee member participating in this type of meeting is deemed to be present at the meeting. Open Meetings. Any member of the Athletic Booster Club is free to attend the meetings of the Executive Committee and is free to speak on any issue, but only members of the Executive Committee may vote. Executive Committee Quorum. A majority of the Executive Committee shall constitute a quorum for transacting business at meetings of the Executive Committee. Membership Meetings. Full membership meetings will be held at least quarterly at a time and place designated by the President. At these meetings each and every member will be entitled to vote. Section 5. Membership Quorum. Ten (10) members or fifty percent (50%) of the membership of the Athletic Booster Club, whichever number is less, shall constitute a quorum for transacting business at any membership meeting. Section 6. Majority Vote. All issues to be voted on shall be decided by a simple majority of the quorum present at any meeting in which the vote takes place. Section 7. Notice. Notice of any meetings of the Executive Committee or membership shall be given at least three (3) days in advance, unless otherwise directed herein. Article IX. Committees Standing Committees. There shall be the following standing committees: Finance, Membership, Concessions, Spirit Wear and Communications, and such other standing committees as the President and Athletic Director shall deem necessary. Chairs of standing committees shall be elected by the Executive Committee and shall be voting members of the Executive Committee. Finance Committee. The Finance Committee shall consist of no fewer than three (3) members. The Finance Committee has two functions: (1) to be responsible for the audits and financial reviews described in Article X, and (2) to assist the Treasurer in establishing the Athletic Booster Club s financial policies, evaluate funding requests, and make financial recommendations to the Executive Committee. Members of the Executive Committee may serve on the Finance Committee provided however those individuals with check signing authority and their family members may not participate in the audits and financial reviews, nor may the outgoing or incoming treasurer. Page 7 of 10

Membership Committee. The Membership Committee shall be responsible for conducting the annual membership drive beginning in July. The Membership Committee shall prepare and keep current an official membership roster. This roster shall include: (1) the total number of members; (2) the names, address, email, and telephone number of each member; and (3) the amount of dues collected from each member. A current copy of the membership roster shall be provided to the Secretary and the Communications Committee chair. Concessions Committee. The Concessions Committee shall be responsible for coordinating the operation of all concession stands of the Athletic Booster Club. Section 5. Spirit Wear Committee. The Spirit Wear Committee shall be responsible for coordinating the selection and sale of all Mallard Creek High School spirit wear sold by the Athletic Booster Club. Section 6. Communications Committee. The Communications Committee shall be responsible for initiating, coordinating and publishing ABC communications through the ABC s website, Facebook, newsletter and other means of communications, and shall be responsible for the adequate publicity and news coverage on events and activities of the ABC, with assistance from the Athletic Director. Section 7. Special Committees. Special committees are those created to perform a specific or special project and go out of existence once the project is completed. The Executive Committee may create any special committees, and the president shall appoint the chairs and members of the special committees with approval of the Executive Committee. Chairs of special committees are non-voting members of the Executive Committee. Article X. Finance Composition of Committee. Individuals with check signing authority, or their family members or relatives, may not participate in any audits or financial reviews provided for herein, nor may the outgoing or incoming treasurer. Monthly Financial Review. The Finance Committee will review the Athletic Booster Club s monthly bank statements, reconciliations, and supporting documents and shall sign an acknowledgement on the bank statements that such statements, reconciliations and supporting documents were reviewed and found to be in accordance with the expenditures policies of the Athletic Booster Club. Financial Review When Office Vacated. In the event any officer with financial responsibility, including but not limited to any officer with check signing authorization, leaves office before the end of his/her term and/or before the end of the fiscal year, the Finance Committee shall conduct a review of the Athletic Booster Club s financial records within thirty (30) days of such vacation. Annual Financial Review. By August 31 each year, the Finance Committee, or an independent qualified accountant approved by the Executive Committee, shall: Page 8 of 10

1. Examine the treasurer s year-end financial report along with all supporting financial records, including but not limited to all bank accounts, the general ledger of all income and expenses, supporting documentation and checks, records of membership dues paid, etc., and 2. State in writing whether or not the treasurer s year-end report is correct and shall submit that statement with a copy of the report to the Executive Committee. Section 5. Independent Review. The Finance Committee at any time may recommend to the Executive Committee that an independent review of the financial records by a qualified accountant should be conducted. The Executive Committee shall review and act on the recommendation as it deems appropriate. Section 6. Checks & Expenditures. The Executive Committee shall adopt an expenditures policy each year outlining the guidelines for requests for funding and/or reimbursement and payment of the Athletic Booster Club s expenses. The expenditures policy may require preapproval by the Athletic Director and/or Athletic Booster Club President of requests exceeding a certain dollar amount. All checks and vouchers must be signed the Treasurer and, as may be required by the expenditures policy, another officer or designee approved by the Executive Committee, except that neither the Treasurer nor any of the other officers or designees authorized shall be related. The signing of blank checks is prohibited. All expenditures must be consistent with the expenditures policy and based on actual fund availability. Section 7. Contracts & Other Financial Agreements. All contracts and other financial agreements require the prior approval of the Executive Committee and must be signed by the President. Article XI. Elections Nominating Committee. The Nominating Committee shall be appointed by the President, with approval of the Executive Committee, by March 1 each year. The Nominating Committee shall consist of no fewer than three (3) members; at least one member shall be an Executive Committee member and at least one member shall be a member of the Athletic Booster Club who does not serve on the Executive Committee. The President may not serve on the Nominating Committee. At least two (2) weeks prior to the last membership meeting each fiscal year, the Nominating Committee shall prepare a slate of nominees for officers of the Athletic Booster Club, and the slate shall be included in the notice for the last membership meeting. Election. Officers are to be elected at the last quarterly membership meeting of the fiscal year. The newly elected officers will assume office on July 1 and serve until the following June 30. Majority Vote. After establishing a quorum, a majority vote of the members present shall constitute the election of officers of the Athletic Booster Club. Page 9 of 10

Notice. The President shall give notice of the election of the officers to the general membership at least ten (10) days before the last membership meeting of the fiscal year, and such notice shall include the Nominating Committee s slate of nominees. Section 5. Nominations from Floor. In addition to those individuals nominated by the Nominating Committee, nominations from the floor will be allowed. If there is only one nominee for each elected office, the election may be held by voice vote. If there is more than one nominee for any office, election must be by ballot. Section 6. Consent to Serve. Only those individuals who are Athletic Booster Club members and who have signified their consent to serve if elected may be nominated by the Nominating Committee or by floor nomination. Article XII. Parliamentary Authority The Athletic Booster Club shall conduct its meetings in accordance with Robert s Rules of Order, Newly Revised (current edition) to the extent that it does not conflict with North Carolina law, or the Articles of Incorporation or Bylaws of the Athletic Booster Club. Article XIII. Amendments These Bylaws may be amended at any regular or special membership meeting of the Athletic Booster Club by a majority vote of the members present, provided the Executive Committee has previously considered the merits of the amendment and provided a notice stating the proposed amendment is given to each member at least two (2) weeks prior to the vote. Notice stating the proposed amendment may be given to the members electronically (by email, website or social media) or telephonically. Constitution & Bylaws Approved: August 13, 2007 Revised Bylaws Approved: October 7, 2013 Page 10 of 10