BY-LAWS OF THE FAYETTE COUNTY HIGH SCHOOL BAND BOOSTER CLUB AS AMENDED AND RESTATED EFFECTIVE APRIL 09, 2012 1
TABLE OF CONTENTS Section I Name Pg. 3 Section II Purpose Pg. 3 Section III Membership Pg. 3 Section IV Board of Directors Pg. 3 Section V Elections Pg. 4 Section VI Duties of Officers Pg. 4 Section VII Liability of Officers Pg. 6 Section VIII Meetings Pg. 7 Section IX General Pg. 7 Section X Constitution and By-Laws Pg. 8 Section XI Committees Pg. 9 2
ARTICLE I NAME The name of this organization shall be the Fayette County High School Band Booster Club. ARTICLE II PURPOSE Section 1: The purposes of this club are: to lend support, both moral and financial, to all activities of the Fayette County High School Band program; and, to encourage active participation and cooperation between the Band Directors, members of the club, members of the band, the school administration, and general public in order to maintain the highest quality program for all involved. ARTICLE III MEMBERSHIP Section 1: Active Member: The active membership of this organization will be open to parents and/or legal guardians whose student(s) is active in the Fayette County High School Band; and is current with all required band fees. Each Active Member will have one (1) vote with a maximum of two (2) votes per family during general Band Boosters and Special Meetings. Section 2: Associate Member: the Board of Directors may admit to membership interested persons who are not parents or legal guardians of Fayette County High School Band members. Associate Members shall have no voting privileges. Section 3: Honorary Member: Honorary membership shall be granted to those individuals or organizations for their contributions and support of the Fayette County High School Band. Honorary Members shall have no voting privileges. ARTICLE IV BOARD OF DIRECTORS Section 1: The Board of Directors shall consist of seven (7) Officers, who are Active Members. Section 2: Officers of the organization shall consist of President, Vice President, Director of Finance, Director of Communications, Director of Fundraising, Director of Operations and Director of Special Events. The previously stated positions shall be elected by the Active Membership in accordance with Article V. Section 3: The Band Director shall serve as a non-voting ex-officio member of the board and shall be present at all meetings as a consultant. The Assistant Band Director shall assume the role of consultant in the absence of the Band Director. 3
Section 4: A Recording Secretary, as appointed by the Director of Communications from the Active Membership, shall serve as a non-voting ex-officio member of the Board and shall be present at all meetings. Section 5: Regular terms of office for the Board of Directors positions shall be for a period of one (1) year. An Officer can not hold more than one position on the Board of Directors. Section 6: Spouses and/or legal guardians may serve as Officers during the same term, however, the President and Director of Finance shall not be from the same household. Section 7: Any elected Officer who fails to meet the definition of an Active member will no longer be able to serve on the Board, and the position vacated will be filled in accordance with the current by-laws ARTICLE V ELECTIONS Section 1: In January, the president shall appoint a nominating committee of three active members. The committee will submit a list of nominees, one or more for each office, who will be introduced to the membership at the March meeting and who will be voted on at the April meeting by the club membership. Nominations may also be made from the floor at this time. It is strongly encouraged that nominees for President be an individual who has served on the FCHS Band Booster Board of Directors for at least one term in any of the Officer positions. New officers will be introduced at the May meeting. Term of each office is to be one year, beginning on June 1 st, with the current board and board-elect to meet and work together from election until June 1 st for the purpose of a smooth and meaningful transition to take place on June 1 st each year. Section 2: Election of officers will be by a majority vote of the members present. Section 3: A quorum will consist of members present. Section 4: The President will have the authority to call for a secret ballot for any one or all of the officers being voted on, or he may call for the voice or show of hands. ARTICLE VI DUTIES OF OFFICERS The duties of the Board of Directors shall include but not be limited to: a) to transact necessary business in the intervals between club meetings and such other business as may be referred to it by the club, (b) to create special committees, (c) to approve the plans of the standing committees, (d) to present a report at the regular meetings of the club and (e) to appoint an auditing committee by December to audit the treasurer s account; the auditing committee shall be composed of a minimum of two active members. 4
Section 1: The President shall preside at all meetings of the club. He/she shall issue the call for all regular or special meetings. He/she shall appoint all committee chairpersons needed from parents of Fayette County High School students active in the band program, seeing that all committees function and cooperate with all committee chairpersons. Section 2: The Vice-President shall serve as an aide to the president, serve as parliamentarian, and preside over all meetings in the absence of the president. The Vice-President shall also be responsible to conduct an annual review of the By-Laws and recommend changes as needed. Section 3: The Director of Finance shall keep an accurate and detailed account in the treasurer s permanent book of all money received and paid out, submit a report at regular meetings of the club, including total balance on hand; deposit all money in a bank authorized by the club; pay by check, or check card, all bills authorized by the club to be paid; preserve all vouchers, receipts, bank statements, and cancelled checks, and submit all these to the auditor; oversee the Student Accounts chairperson and develop methods and procedures for transfers of Student Account funds to the General Band fund; deliver to his successor all the books, approved and paid bills, plans and procedures. All checks payable to cash or to a band officer shall be signed by another authorized signer other than the maker of the check. Checks exceeding $5,000.00 shall require two authorized signatures. The Student Account chairperson, while not an Officer of the Board will work very closely with the Director of Finance and a description of the duties for this position are included here for clarity. The Student Account chairperson shall keep an accurate and detailed account of all monies credited to students accounts, which can be made in the following ways: 1) deposit of checks or money orders made out to FCHS Band Boosters, 2) credits from FCHS Band Booster authorized fund raisers, or 3) monies deposited via PayPal. He/she shall be responsible for disbursing funds as requested by the student to cover the following expenses: FCHS band camp incidental fees, FCHS Band sponsored trips, auxiliary uniform expense, honor bands, MENC/GMEA sanctioned events, and/or additional band programs as determined by the Band Directors. Section 4: The Director of Communications shall prepare the Tiger Band Gazette and e-mail this to the membership, oversee the posting of the Gazette and meeting minutes to Charms and the website, and periodically e-mail band parents informing them of new dates, need for volunteers, and other general information. The Director of Communications shall also review agendas and meeting minutes for both Board of Directors meetings and General Band Booster meetings. Along with this, is a requirement to maintain the Band Booster minute binder, contract binder, and order form binder. Finally, this person will coordinate special events for the purpose of public relations. Section 5: The Director of Fundraising shall coordinate fundraising efforts, not otherwise specified as a special event, on behalf of the organization. These include, but are not limited to; Ice Cream Sales, Fruit and Nut Sales, Chocolate Sales, Car Washes, Bake Sales etc. The Director of Fundraising will be vigilant in looking for new opportunities for fundraising for the Booster Club. The Director must ensure compliance with all FCBOE applicable regulations regarding fundraising, and shall obtain permission from the school administration for fundraisers when required. 5
Section 6: The Director of Operations shall tend to the daily activities of the band as it pertains to equipment/maintenance, transportation, and other logistics associated with all performances and operational needs up to and including request for assistance by staff and members, as seen fit. Section 7: The Director of Special Events shall oversee annual recurring events, fundraising or otherwise, on behalf of the organization. These include, but are not limited to; The LaFayette Marching Classic, The Miss Pride Pageant, Lakewood Concession Sales, Football Concessions, Golf Tournament, Awards Dinner, Dinner Concerts, etc. The Director of Special Events will be vigilant in looking for new opportunities to improve margins for each special event, and creating new special events with the potential of raising funds for the Booster Club. The Director of Special Events must ensure compliance with all FCBOE applicable regulations regarding fundraising, and shall obtain permission from the school administration for fundraisers when required. Section 8: The Band Director(s) shall be the liaison officers between the school officials, members of the band, and the Board of Directors of this club. They shall keep the club members informed of any policies of the Board of Education concerning band activities; lend their support and advice to the officers, members, and committees of this club and work with the club to the best of their ability. Section 9: The Secretary, while not an Officer of the Board will work very closely with the Board and a description of the duties for this position are included here for clarity. The Secretary shall record minutes of the club and Board of Directors meetings, keep all general records of the club such as committee appointments, list of officers, list of members, addresses, and telephone numbers in a bound book; and keep all thank you notes received by the club on file. Section 10: If any member of the Board of Directors is unable to complete his term of office, the Board will appoint someone to fill the vacancy. ARTICLE VII LIABILITY OF OFFICERS The Officers of this club shall be entitled to reasonably rely upon all advice and opinions given by any duly retained legal counsel, investment counsel, and other professional advisors. The Officers shall be fully protected against any liability in respect of any action taken in good faith in reliance upon such advice or opinions. Section 2. No Officer of this club shall be personally liable by virtue of any instrument executed by him or on his behalf, or for any mistake of judgment made by himself or herself or any other Officer, or professional advisor, as the case may be, or for any neglect, omission, or wrongdoing of any Officer, or for the losses unless resulting from his gross negligence or willful misconduct. 6
ARTICLE VIII MEETINGS This club shall hold at least four (4) regular meetings each school year, but may hold any additional meetings the president deems advisable to call. Regular meeting dates and times shall be set by the president. A regular meeting may be postponed or cancelled by a majority vote of the Board of Directors. Section 2. A meeting of the Board shall be held prior to the school year and any other time the president deems necessary. Section 3. The president or presiding officer may choose to cast his vote to break a tie vote in any given situation, but it shall not be required of him to do so. He must first determine the welfare of the club as a whole to the best of his ability before he may cast such a tie-breaking vote. Section 4. The membership shall have the following year s budget presented to it for questions and approval at the February meeting of the Club. The proposed budget will be posted to the Charms website in advance of this meeting for member s review and they will be advised of such. ARTICLE IX GENERAL The Board of Directors shall hire a professional investment advisor and/or certified public accountant to compile and submit the annual tax filings of the club to the Internal Revenue Service. Section 2. In consideration of countless extra hours spent helping the band, fair share requirements shall be waived for Band Directors and Assistant Band Directors with a child/children in the band. Section 3. Monies in student accounts may only be used to purchase required band uniform items and not items for personal use. Required vs. personal is defined thoroughly in the Band Booster Guidelines. This restriction is a legal requirement due to our charitable status as a 501 (c) 3 organization. Section 4. Student accounts are to be used for payment of current or future band fees, FCHS band camp incidental fees, FCHS Band sponsored trips, auxiliary uniform expense, honor bands, MENC/GMEA sanctioned events, and /or additional programs as determined by the Band Directors. Any balance remaining in a student account at the time the student graduates or leaves FCHS for any reason may be transferred to a sibling s student band account within a period of 1 year maximum. Absent of that, it is forfeited to the general band fund. Section 5. These By-Laws shall be posted on the band booster website and updated as necessary. When updated, a copy shall be provided to the school administration. 7
Section 6. The setting of trip fee structures outside the budget process shall be reviewed by the Board. For example, a band trip fee that is established after the approved budget for the year is already adopted would get reviewed by the Board. ARTICLE X CONSTITUTION AND BY-LAWS In the absence of rules of this club or in the Constitution and/or by-laws, the proceedings of the Board meetings as well as regular meetings shall be conducted in accordance with parliamentary procedures of Roberts Rules of Order. Section 2. Amendments to these By-Laws may be adopted by the affirmative vote of two-thirds (2/3) of the members of the Board of Directors then in office and shall become effective as of the date specified in the enabling resolution. The Board shall have the right to amend these By-Laws in any and all respects at any time, without prior notice to any Member. Section 3. Policies: This club shall at no time endorse or recommend a candidate for a political office, nor shall politics, politicians or religious matters be discussed at meetings. No officer or member of this club shall use it as means to further any personal, political or other aspiration, nor shall the club take part in any movement not in keeping with the purposes and objectives of the club. The President shall not allow any solicitation of funds during a meeting of the club by any individual. Section 4. This Constitution and by-laws shall be binding and shall be adhered to unless changed in accordance with Section 2 of this article. Section 5. Emergency expenditures of not more than $500.00 for items not included in the approved budget may be made by the Band Directors or the President without prior approval of the club or the Board of Directors. The person exercising this emergency spending authority shall make a reasonable effort to communicate the need for this expenditure to the Board prior to the spending the money. Section 6. Any items purchased by the Fayette County High School Band Booster Club shall become the property of the Fayette County High School Band Program for their exclusive use. Section 7. If for any reason the Fayette County High School Band Booster Club should be dissolved, all funds remaining in the treasury after liquidation of all obligations shall be deposited to the FCHS band general account for disbursement to the band program of FCHS as determined by the Board of Directors. Also, in this case, consideration will be given to refunding money to all members of the club in good standing (all obligations paid) with positive balances in their student accounts. 8
Section 8. No person shall gain an unfair business advantage because of their affiliation with the band program. The Board will do its due diligence and determine through gathering several estimates that the goods or services being sought from a member are of a fair price and quality comparatively. ARTICLE XI COMMITTEES Chairpersons of standing committees shall be appointed by the President. Committee chairpersons shall have discretion within their committee to accomplish stated objectives of the committee, but serve at the discretion and under the direction of the President. Committee work will include, but not be limited to the following: Miss Pride, LaFayette Marching Classic, Golf Tournament, Dinner Concerts, Fayetteville Amphitheatre, Lakewood Amphitheatre, Concessions, Equipment, Fruit/Nut/Chocolate sales, Uniforms, Band Store, Scrip cards, Budget review etc. 9