Bylaws of Apex Friendship High School Band Boosters

Bylaws of Apex Friendship High School Band Boosters DRAFT - Adopted [July 28], 2015

2 1 TABLE OF CONTENTS 1. Introduction... 3 1.1 Name... 3 1.2 Location... 3 1.3 Purpose... 3 2 Membership... 3 2.1 Membership... 3 2.2 Meetings... 4 2.3 Volunteer Obligation... 4 3 Officers... 4 3.1 Election of Officers... 4 3.2 Duties of Officers... 5 3.3 Officer Requirements... 7 3.4 Vacancies... 7 4 Board of Directors... 7 4.1 Board Membership... 7 4.2 Board Requirements... 8 5 Financial... 8 5.1 Fiscal Year... 8 5.2 Funding... 9 5.3 Fee Waiver Program... 9 5.4 Scholarships... 9 5.5 Student Accounts... 10 6 Standing Committees... 10 6.1 Committee Chairpersons... 10 6.2 Chairperson Term... 10 7 Miscellaneous Provisions... 10 7.1 Nonprofit... 10 7.2 Prohibition against private inurement... 10 7.3 Limitation On Activities... 11 7.4 Situations not covered in Bylaws... 11 7.5 Amendment Process... 11 7.6 Dissolution... 11

3 1. INTRODUCTION 1.1 NAME The name of this organization is Apex Friendship High School Band Boosters, Inc. (hereinafter called Boosters.) The parents of Apex Friendship High School band students do hereby form ourselves into a non-profit organization and to that end do hereby approve the by-laws in manner and form as follows. 1.2 LOCATION The location of the Apex Friendship High School Band Boosters, Inc. is 7801 Humie Olive Road Apex, NC 27502. The mailing address of the organization is P.O. Box 585, Apex, NC 27502. 1.3 PURPOSE The Boosters are organized exclusively for charitable and educational purposes, specifically: a. To support the band programs and participating students at Apex Friendship High School in conjunction with, and support of, the Director of Bands and school administration. b. To assist Apex Friendship High School in developing an outstanding music education program to the local community. c. To solicit, collect, and otherwise handle and dispose of funds in the promotion of the activities of the Apex Friendship High School band program, with the advice and counsel of the Director of Bands. d. To promote means and opportunities for the education of the public with respect to the study, enjoyment, and culture of instrumental music. 2 MEMBERSHIP 2.1 MEMBERSHIP 2.1.1 Voting membership Parents and/or legal guardians (hereinafter referred to as parents) of students enrolled in the Apex Friendship High School band program, who are active members of the Boosters, shall make up the voting membership. An active member is defined as a parent/guardian of an enrolled student in good standing (fees paid up for the current year). One or more parents of an enrolled student shall constitute a family. Each family in good standing shall be allowed one vote on all voting matters. The voting member must be present at a meeting to vote. 2.1.2 Non-voting membership Alumni of the program and their parents interested in advancing its purposes as stated in the Articles of Incorporation and who are willing to subscribe to said bylaws shall be deemed non-voting members. Any other person interested in advancing its purposes as stated in these same articles and willing to subscribe to said bylaws by becoming a member of the Boosters shall notify the current President, who

4 shall present the name of the prospective member at the next scheduled meeting for election by majority of a quorum. The Director of Bands, Principal, and Assistant Principals at Apex Friendship High School shall be tenure non-voting members. 2.2 MEETINGS a. The annual meeting of the membership shall be held in the spring of each year as determined by the Board of Directors. The primary purposes of this meeting will be to elect the officers and approve the budget for the next year. b. General meetings of the membership will be held as determined by the President and Director of Bands, in the Apex Friendship High School Band Room, or other designated location. c. Called meetings shall be called by a majority vote of the Board of Directors. d. Notice of the time and place of all meetings shall be by email distribution and posting on the Boosters website with sufficient notice. e. A quorum for the transaction of business at any meeting shall consist of a majority of the voting members present at that meeting. 2.3 VOLUNTEER OBLIGATION Volunteers are necessary for every band event (e.g. football games, competitions, parades, social events and fundraising events). Each Booster family is expected to provide volunteer support through at least one of the committees for the band in the capacity that best suits that family's abilities. Volunteers must be registered and approved through Wake County Public School System. Descriptions of committees and chairperson duties and responsibilities are available upon request and on the Boosters website. 3 OFFICERS The voting members of the Boosters shall elect the following officers to direct the general activities of the organization. President First Vice President Second Vice President Secretary Treasurer Sergeant at Arms Communications Officer 3.1 ELECTION OF OFFICERS A Nominating Committee of not less than three (3) members shall be formed in January of each year. The President will work with volunteers from the general membership to form this committee. This committee shall render nominations for each elected office to the Boosters two weeks prior to the annual meeting in the spring of each year.

At the annual meeting the members shall elect, by a majority vote of those voting members present, the new Officers. Each family in good standing (fees paid up for current year) shall be entitled to cast one vote. Newly elected officers shall assume their duties at the beginning of the next fiscal year. Outgoing officers shall work with newly elected officers to ensure an orderly and effective transition. 5 3.2 DUTIES OF OFFICERS 3.2.1 President Preside at all Board and general membership meetings Prepare meeting agendas Be ex-officio member of standing committees, except the Nominating Committee Appoint committee chairpersons considering recommendation from the Director of Bands Signs or approves all contracts on behalf of the Boosters Shall keep all contracts on file for the current and the preceding three years Perform all duties as indicated to the office 3.2.2 First Vice President Preside at meetings of the Board and general membership in the absence of the President Perform other duties as indicated to the office of the President in absence of that officer, or disability of the President Handle special projects assigned by the Director of Bands or President 3.2.3 Second Vice President Preside at meetings in the absence of the President and First Vice President Perform other duties as indicated to the office of the President and First Vice President in the absence or disability of either officer. 3.2.4 Secretary Record attendance, minutes, decisions and actions at all Board and general membership meetings Distribute minutes of all meetings as well as all necessary band related information. Preserve all official records (minutes, treasurer reports, attendance reports, letters) Conducts formal correspondence (thank you notes, sympathy cards, etc.) Inform booster members of the meeting schedule 3.2.5 Treasurer Collect dues, fund-raising monies and other receipts Pay bills and other obligations Keep accurate records of receipts and disbursements Provide financial report for general membership and Board meetings Work with the President and the Director of Bands to prepare projected annual budget for the Board to recommend to the membership for approval Report delinquent dues/fees to President and Sergeant at Arms Maintain accurate records of student accounts

6 Prepare and file required tax forms per IRS and NCDOR regulations Shall ensure Boosters compliance with the regulations and requirements of section 501(c) of the Internal Revenue Code (or the corresponding provisions of any future United States Internal Revenue law), in such manner as the Board of Directors shall determine. Shall keep all financial records for this organization for the preceding seven years 3.2.6 Sergeant At Arms Maintains medical forms and all registration paperwork Works in conjunction with President, Treasurer, and Director of Bands on delinquent fee collection Maintains accurate and up-to-date student and Booster roster Shall ensure that all band volunteers are registered and approved through Wake County Public School System 3.2.7 Communications Officer Ensure that relevant information is made available to the membership (including students, parents, and other members), the school (including, but not limited to, AFHS staff, PTSA and associated Middle Schools), and the general public.

7 3.3 OFFICER REQUIREMENTS 3.3.1 Officers shall serve a one-year term. 3.3.2 The same family may not hold the same office for more than two (2) consecutive years. The length of service can be extended with the approval of the Board of Directors. At the Board s discretion, they may vote to extend by one year the service of any current officer in their current office. A majority vote of the Board, excluding the current officer being voted upon, will be considered approval for the additional year of service. With the Board s approval, the procedures stated in 3.1, Election of Officers, will be followed. Every effort will be made to ensure officers terms will be staggered to ensure smooth transitions and consistency. 3.3.3 No family may hold more than one (1) office during a year. 3.3.4 The Officers will receive no remuneration for their Board services, except for reimbursement for legitimate expenses. 3.3.5 Officer positions may be shared by two voting members while retaining one vote for each elected position. 3.3.6 An officer or appointee who fails to attend three (3) consecutive Board meetings without adequate excuse, or fails to adequately perform the duties of their office as outlined herein, shall be subject to removal upon majority vote of the Board, and the office considered a vacant office to be filled according to Section 3.4 Vacancies. 3.3.7 All officers shall surrender Booster records (in their possession at the end of their term in office to their elected successor and ensure an orderly transition of duties. 3.4 VACANCIES 3.4.1 The Board of Directors may fill vacancies due to the expiration of a Director s term of office, resignation, death, or removal of a Director or may appoint new Directors to fill a previously unfilled Board position, subject to the maximum number of Directors under these Bylaws. 4 BOARD OF DIRECTORS 4.1 BOARD MEMBERSHIP The Board of Directors ( Board ) will consist of the elected Officers, and the Director of Bands.

8 4.2 BOARD REQUIREMENTS 4.2.1 The Board shall have full authority to manage the Boosters organization within the confines of these bylaws. 4.2.2 Board meetings shall be scheduled at the discretion of the President, Director of Bands, or a majority of the Board members, and all Board members must be notified of any scheduled meetings. 4.2.3 A majority of the sitting Directors shall constitute a quorum for Board meetings. 5 FINANCIAL 5.1 FISCAL YEAR The fiscal year shall be June 1st through May 31st.

9 5.2 FUNDING 5.2.1 Funding for the Apex Friendship High School Band Boosters is the responsibility of the students families and shall include band students fair share (fee) based on their participation in Marching Band, Color Guard, Academic Bands, or other band program provided by the School. A fair share ensures that each member s family is assisting equally in the advancement of the band program financially. 5.2.2 Designated fair share payment schedules will be agreed upon by the Board members based on the budget projections prepared by the Board. The fair share payment amount for each student will be determined and presented at a designated membership meeting. Special assessments and adjustments will be voted on as needed. All families are expected to meet their obligations on time. 5.2.3 Notwithstanding the criteria listed under 5.5 Student Accounts, all funds and income of whatsoever kind received by the organization shall be used solely for the promotion, improvement, instruction, equipment, transportation, aid and support of the Apex Friendship High School Band programs. 5.2.4 The Board shall ensure that all funds of the organization are safeguarded and secured. All funds of the organization shall be deposited in such bank or trust company as the Board shall designate. In no case may the same family have more than one member with direct spending privileges. 5.2.5 The Treasurer s accounts shall be available for examination at any time by a board member or such person as designated by the Board, and must be audited at least annually by an external auditor or an auditing committee of not less than three members, who, satisfied that the treasurer s records and financial reports are accurate, shall sign a statement of that fact at the end of the audit. The Board shall select the auditing committee at least 2 weeks before the meeting at which new officers assume duties. The audit should be completed by September 1st for the preceding fiscal year. The Treasurer shall be responsible for filing any required forms per local, NCDOR and/or IRS regulations. 5.3 FEE WAIVER PROGRAM Financial aid may be available for student needs, upon recommendation of the Director of Bands and approval of the Board, and will be determined annually by the Board based on the ability of the Boosters to financially grant it. 5.4 SCHOLARSHIPS Funds permitting, scholarship(s) will be awarded to graduating senior(s) upon a vote of the Board. The Board vote is to determine the number and amounts for the scholarships.

10 5.5 STUDENT ACCOUNTS 5.5.1 The Treasurer shall maintain funds, and records thereof, earned by students who are engaged in fundraising activities approved by the Board. These funds will be maintained in a separate account from the funds of the organization. 5.5.2 In order to protect the Boosters 501(c)(3) non-profit status, all student account funds must remain the property of the Boosters. No funds may be dispersed from student accounts directly to the students or parents. 5.5.3 Funds in a student's account can only be used for band expenses or band sponsored activities for the student. The student or parent shall request the use of these funds by submitting either an e-mail or written request to the Treasurer. 6 STANDING COMMITTEES 6.1 COMMITTEE CHAIRPERSONS At the annual meeting, the President shall appoint a Chairperson or Acting Chairperson for each of the standing committees as per the duties of the office described in 3.2.1 President. Committee Chairs are members who serve as liaisons between committee and Board, preside over necessary committee meetings and report back to the Board and general membership. Board Officers may also Chair and participate in Committees. 6.2 CHAIRPERSON TERM The Chairpersons of each standing committee shall hold office for one year or until a new Chairperson is appointed by the President as per the duties of the office described in 3.2.1 President. 7 MISCELLANEOUS PROVISIONS 7.1 NONPROFIT The Apex Friendship High School Band Boosters, Inc. ( Boosters ) is organized exclusively for charitable and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 or corresponding section of any further federal tax code (hereafter Internal Revenue Code ). 7.2 PROHIBITION AGAINST PRIVATE INUREMENT No part of the net earnings of the Boosters shall inure to the benefit of, or be distributable to, its members, directors, officers, or other private persons, except that the Boosters shall be authorized and empowered to pay reasonable compensations for services rendered and to make payments and distributions in agreement with the purpose set forth in Section 1.3 hereof.

11 7.3 LIMITATION ON ACTIVITIES No substantial part of the activities of the organization shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the organization shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these Bylaws, the Boosters shall not carry on any other activities not permitted to be carried on by: An organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or An organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code. 7.4 SITUATIONS NOT COVERED IN BYLAWS The rules of parliamentary practice comprised in the latest edition of Robert s Rules of Order Newly Revised shall govern all proceedings of the Boosters and of the Board of Directors, except where inconsistent with these Bylaws, and shall be subject to any Standing Rules that may have been or may be adopted. 7.5 AMENDMENT PROCESS These bylaws can be amended in whole or in part at a duly organized meeting after a minimum twoweek notice. A quorum for the amendment process shall consist of a majority of the voting members present at that meeting. 7.6 DISSOLUTION In case of dissolution of this organization, after paying or adequately providing for the debts and obligations of the Boosters, the remaining assets shall become the sole and absolute property of the Apex Friendship High School Band.