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Sec. 1. CORPORATE IDENTITY AND PURPOSE
a.
By virtue of ARTICLES OF INCORPORATION
granted by the State of North Carolina, this club shall be known as the
Garner Senior High School Band Boosters Club, Inc. This Club is
organized solely as a non-profit education club as defined under Section
501(c) 19) of the Internal Revenue Code of 1986 as amended and in
accordance with the State of North Carolina Non-Profit Corporation Act,
Chapter 55A of the General Statues of the State of North Carolina to:
(1) Promote means and
opportunities for the education of the public with respect to the
study and culture of instrumental music and the enjoyment and
wholesome utilization thereof;
(2) Solicit, collect and
otherwise handle and dispose of funds in the promotion of the
activities of The Garner Senior High School Band Boosters Club, Inc.
with the advice and counsel from the school principal and the band
director;
(3) Assist the public within
the Garner area in promoting and developing an outstanding music
program.
b.
No part of the receipts of the Corporation shall insure to the benefit
of, or be distributed to, its members, directors, officers or other
private persons, except that the Corporation shall be authorized and
empowered to pay reasonable compensations for services rendered and to
make payments and distributions in furtherance of the purpose set forth
in Article 1 hereof. No substantial part of the activities of the
Corporation shall be the carrying on of propaganda or otherwise
attempting to influence legislation.
c.
The Corporation shall not
participate in, or intervene in (including the publishing or
distribution of statements) any political campaign on behalf of any
candidate for public office.
d.
Notwithstanding any other provision of these articles, the Corporation
shall not carry on any other activities not permitted to be carried
(1) by a Corporation exempt from
Federal Income Tax under Section 501 (c)(3)
of the Internal Revenue Code of 1986, or
(2)
by a Corporation,
contributions to which are deductible under Section 170 (c)(2)
of the Internal Revenue Code of 1986.
e.
Upon dissolution of this Corporation, the Board of Directors shall,
after paying or making provisions for payment of all liabilities,
dispose of the remaining assets of this Corporation to one or more
corporations, societies, or organizations engaged in activities
substantially similar to those of this Corporation, as shall at that
time qualify as exempt organization under Section 501 (c) (3)
of the Internal Revenue Law, pursuant to a plan of
distribution adopted pursuant to the applicable North Carolina Statues.
Sec. 2. SCOPE OF BY-LAWS
These by laws shall provide for the
management and government of the club as a non-profit corporation.
Sec. 3. DEFINITIONS
(1) The term
"meeting" as hereafter written and referred to shall always refer to
and be construed as the regular and stated official meeting of the
membership.
(2) The term "Club"
as hereafter written and referred to shall always refer to and be
construed as the Garner Senior High School Band Booster Club, Inc.
(3) The term Board as hereafter
written and referred to shall always refer to and be construed as the
Board of Directors of the Club.
2(4)
The term "Quorum" as hereafter written and referred to shall always
refer to and be construed as the members present except for Board
meetings which is defined in Article IV, Section 7.
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Sec. 1. MEMBERSHIP CATEGORIES
Membership in the club is open to those
individuals interested in advancing its purpose as stated in the
Articles of Incorporation and who are willing to subscribe to the
by-laws. The membership categories are:
a. Parents or guardians of active band
students,
b. Other families or individuals
interested in the advancement of the instrumental music department,
and
c. Five student members to be selected
annually by the Director of Instrumental Music.
Sec. 2. VOTING RIGHTS
All members shall have the right to cast
one vote per member as described in Sec. 1.
Sec. 3. TERMINATION OF MEMBERSHIP
Membership will be for a period of one
year beginning June 1st or the date of entry thereafter and
will expire May 31st of the next year. Any member charged
with conduct prejudicial to the best interest of the Club may be
expelled by the Board of Directors at their discretion.
Sec. 4. NON-TRANSFERABILITY
Membership in the Club may not be
transferred.
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Sec. 1. REGULAR MEETING
Regular meeting of the Club shall be held
5once each
calendar month at 7:00 p.m. in the Garner Senior High School Band Room,
unless otherwise provided by resolution of the Club or Board of
Directors.
Sec.
2. SPECIAL MEETINGS
Special Meetings may be called by the
President or by the Board of Directors or shall be called upon the
written request of five members of the Club. The purpose of the meeting
shall be stated in the call. A quorum shall consist of those members
present. At least three days notice shall be given to the membership.
Sec.
3. ANNUAL MEETING
The regular meeting in May shall be known
as the annual meeting and shall be for the purpose of inducting new
officers and directors, receiving reports of officers and committees,
and for any other business that may arise. A quorum shall consist of
those members present.
Sec.
4. ELECTION MEETING
The regular meeting in April shall be for
the purpose of electing new officers in addition to other business.
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Sec. 1. MANAGEMENT
The management of the affairs of the Club
shall be vested in the Board of Directors. It shall be the duty of the
Board of Directors to carry out the affairs of the Club, and to this end
shall exercise all powers of the Club. The Board of Directors shall be
subject to the orders of the Club and none of its acts shall conflict
with actions taken by the Club.
Requests requiring the expenditure of
funds in excess of $50.00 must be submitted to the Board for review
prior to actions by the Club. The Executive Board and/or Band Director
shall be permitted to spend up to an aggregate total of $75.00 per month
on non-budgeted items without approval of the general membership of the
Club.
Sec.
2. RELATIONSHIP WITH SCHOOL ADMINISTRATION
The Club may make recommendations for
changes in school programs through the appropriate members of the school
staff or administration. The Club shall not interfere with the
day-to-day operation of the school nor the band program. Copies of
annual reports from officers and committees shall be presented to the
Executive Board, the Director of Instrumental Music and to the Principal
of Garner Senior High School before the end of the school year.
Sec.
3. MEMBERSHIP AND TENURE
The Board of Directors shall be not less
than five members and shall consist of the officers of the Club and the
Immediate Past President. If the Immediate Past President is unable for
any reason to serve on the board, then the board shall elect any
Immediate Past Board member to serve in his/her place. The Senior High
School Principal or his/her representative (or others as desired) shall
serve as ex-officio members without a vote. The maximum number of
members of the Board of Directors shall not be more than ten including
the elected officers and the Past President. Two additional at large
members may be named one of which must be the parent/guardian of a
freshman. The term of office of each Director shall begin at the close
of the annual meeting. Each officer and Director shall hold office until
a successor is elected or appointed.
Sec.
4. REGULAR MEETING
A regular meeting of the Board of
Directors shall be held immediately
6beforethe Regular Meeting of the
Club in the Garner Senior High School Band Room, unless otherwise
provided by resolution of the Club or Board of Directors. The Board of
Directors may provide by resolution, the time and place for holding
additional regular meetings without other notice than such resolution.
Sec.
5. SPECIAL MEETINGS
Special meetings of the Board of
Directors may be called by the President or at the request of any two
Directors, and shall be held at
7such place as the Directors may
determine.
Sec.
6. NOTICE
Notice of any special meeting of the
Board of Directors shall be given to all Board members at least three
days prior to the meeting date.
Sec.
7. QUORUM
Fifty percent of the members of the Board
of Directors shall constitute a quorum for the transaction of business
at any meeting of the Board; but if less than a majority of the
Directors are present at any meeting, a majority of the Directors
present may adjourn the meeting from time to time without notice.
Sec.
8. BOARD DECISIONS
The act of a majority of the Directors
present at a meeting at which a quorum is present shall be the act of
the Board of Directors, unless the act of a greater number is required
by these bylaws.
Sec.
9. VACANCIES
Any vacancy occurring in the Board of
Directors and any directorship to be filled by reason of an increase in
the number of Directors, shall be filled by the resident and Board of
Directors. A Director appointed to fill a vacancy shall serve for the
un-expired term of his predecessor in office.
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Sec.
1. OFFICERS
The officers of the Club shall be a
President, First Vice President, Second Vice President, Transportation
Secretary, Secretary, Treasurer, Historian, Band Camp Chairperson and
Band Classic Chairperson. These officers shall perform those duties
prescribed by the by-laws, by resolutions and directives of the Board,
and by parliamentary authority adopted by the Club.
Sec.
2. ELECTION AND TERM OF OFFICE
At the regular February meeting of the
Club a nominating committee of five members of the Club shall be
appointed by the President. It shall be the duty of this committee to
recommend a slate of candidates for the offices to be filled at the
election meeting. All candidates for elective offices shall be parents,
guardians of band students and/or any other
8 member as described in Article II,
Section 1. The nominating committee shall report at a regular meeting of
the Club one-month prior to the election meeting. Elections will be held
at the April meeting. The President shall not serve as a member of the
nominating committee.
Additional nominations from the floor
shall be permitted at the time of the election. Each officer shall serve
for one year or until a successor has been elected or appointed.
Sec.
3. REMOVAL FROM OFFICE
Any elected or appointed officers may be
removed from office by a majority vote of a quorum of members at the
next regularly scheduled meeting of the Club upon recommendations of the
Board of Directors whenever in its judgment the best interest of the
Club would be served thereby.
Sec.
4. VACANCIES
A vacancy in any office because of death,
resignation, removal, disqualification, or otherwise, shall be filled by
the President and the Board of Directors for the un-expired portion of
the term of office.
Sec.
5. POWERS AND DUTIES
The officers shall have such powers and
shall perform such duties as may from time to time be specified in
resolutions or other directives of the Board of Directors. In the
absence of such specifications, each officer shall have the powers and
authority and shall perform and discharge such duties as officers of the
same title serving in non-profit corporations having the same or similar
general purposes and objectives as this corporation.
- President
The principal duties of the President
shall be to preside at all meetings of the members and the Board of
Directors, and to have general supervision of the affairs of the
corporation. It is his/her responsibility to assure that all Board
members are familiar with the by-laws at the June Board meeting.
- First Vice
President
The principal duties of the First Vice
President shall be to preside at meetings of the members and the Board
in the absence of the President and shall be Chairman of the Ways and
Means Committee.
- Second Vice
President
The principal duties of the Second Vice
President shall be to preside at meetings of the members and the Board
in the absence of the President and the First Vice President, and
shall also be Vice Chairman of the Ways and Means Committee. The
Second Vice President shall be liaison to the Chaperon Committee. 9The
Second Vice President shall be liaison to the Chaperon Committee.
- Secretary
The principal duties of the Secretary
shall be to countersign all deeds leases and conveyances executed by
the corporation affix the seal of the corporation thereto and such
other papers as shall be required or directed to be sealed, and to
keep a record of the proceedings of regular membership meetings and
Board of Directors meetings, and to safely and systematically keep all
books, papers, records and documents belonging to the corporation, or
in any way pertaining to the business thereof, except the books and
records incidental to the duties of the Treasurer. The Secretary shall
also carry on such external communications as shall be directed by the
President.
- Treasurer
The principal duties of the Treasurer
shall be to keep an account of all moneys, credits and property of any
and every nature of the corporation, which shall come into his/her
hands, and to keep an accurate account of all moneys received and
disbursed and of proper vouchers for statements, and inventories of
moneys received and disbursed, and of property on hand and generally
of all matters pertaining to his office as shall be required by the
Board of Directors, and to submit a written report of same to the
members at each regular meeting of the Club.
- Historian
The principal duties of the Historian
shall be to collect, gather and maintain a scrapbook containing a
record of various band activities during the year. The Historian shall
service as the Parliamentarian 10in Board and Regular meetings. The
Historian shall be responsible for the generation and distribution of
the newsletter.
-
Transportation Secretary
The principal duties of the
Transportation Secretary shall be to serve as Chairperson of the
Transportation Committee, and to coordinate the transportation of the
band and its equipment to all events.
- Band Classic
Chairperson
The principal duties of the Band
Classic Chairperson shall be to serve as Chairperson of the Band
Classic Committee, and to organize the event.
- Band Camp
Chairperson
The principal duties of the Band Camp
Chairperson shall be to serve as Chairperson of the Band Camp
Committee, and to organize the event.
The Board of Directors may provide for
the appointment of such additional officers as they may deem for the
best interest of the Corporation. The officers shall perform such
additional or different duties as shall from time to time be imposed or
required by the Board of Directors, or as may be prescribed from time to
time by these by-laws.
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Sec. 1. CREATION
Both special and regular standing
committees needed for the efficient operation of the Club may11
be designed and established by a resolution adopted by a majority of the
Directors. Members of each such committee shall be appointed by the
President. Unless otherwise provided in the resolution establishing a
committee, any rules or directive issued by said committee which are to
have a regulatory effect on the membership, shall be approved by the
Board of Directors before becoming effective.
Sec.
2. TERM OF OFFICE
Each member of a committee shall continue
as such until the next annual meeting of the Directors or until a
successor is appointed, or unless such member be removed from such
committee, or unless such member shall cease to qualify as a member
thereof.
Sec.
3. CHAIRMAN
One member of each committee shall be
appointed as chairman by the President
12unless
chairmanship is set forth in these bylaws. Chairmen of committees shall
be appointed prior to the July meeting.
Sec.
4. VACANCIES
Vacancies in the membership of any
committee may be filled by appointment by the President.
Sec.
5. QUORUM
Unless otherwise provided in the
resolution of the Board of Directors designating a committee, a majority
of the whole committee shall constitute a quorum and the act of the
majority of the members present at a meeting at which a quorum is
present shall be the act of the committee.
Sec.
6. RULES, POWERS and DUTIES
Each committee may adopt rules for its
own government consistent with these by-laws or with rules adopted by
the Board. The powers and duties of committees shall be determined by
the President.
Sec.
7. STANDING COMMITTEES
In addition to such other committees
established by the Board of Directors the following may be considered as
regular standing committees:
- The
Ways and Means Committee shall consist of the First Vice President as
Chairman,13 the Second Vice President as Vice Chairman and up to five
(5) members who shall submit their plans for raising funds to the
Executive Board for their approval.
- The
Budget Committee shall consist of the Treasurer as Chairman, the Band
Director, and up to four (4) members, to include the Immediate Past
Treasurer, who shall submit an operational budget for the Club to the
Executive Board for their approval by the April Board Meeting. This
budget shall be presented to the Club at the May meeting of each year
for approval by the general membership.14
- The
Uniform Committee shall consist of the Chairman and up to three (3)
members who shall coordinate the issuing and collecting of the
uniforms to the Band members.
- The
Transportation Committee shall consist of the Transportation Secretary
as the Chairman and up to three (3) members who shall prepare plans,
make necessary transportation arrangements and coordinate local trips.
- The
Chaperon Committee shall consist of the Chairman and up to two (2)
members who shall coordinate the selection of chaperons and their
duties for all band functions.
- The
Telephone Committee shall consist of the Chairman and up to five (5)
members who shall notify all members, whenever possible, of special
meetings and events not previously listed on the annual calendar.
- The Garner
Band Classic Committee shall consist of a Chairman and up to four (4)
members who are appointed by the President and Band Director.
Sec. 8. SUB-COMMITTEES
Sub-committees shall be organized and
appointed by the committee Chairman as may be considered necessary.
Sec.
9. EX-OFFICIO MEMBERS
The President shall be ex-officio member
of all committees except the Nominating Committee.
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Sec.
1. CONTRACTS
The Board of Directors may authorize any
officer or officers, agent or agents of the corporation in addition to
the officers so authorized by these by-laws, to enter into contract or
execute and deliver any instrument in the name of and on behalf of the
Corporation and such authority may be general or confined to specific
instances.
The Club shall not incur any financial
obligation in the name of the school or the Wake County Public School
System. No representative of the Wake County Public School System shall
be authorized to enter into any contract or execute and deliver any
instrument in the name of and on behalf of the Corporation other than as
provided for in this section.
Sec.
2. CHECKS, DRAFTS OR ORDERS
All checks, drafts or orders for payment
of money, notes or other evidence of indebtedness issued in the name of
the Corporation, shall be signed by
15the
Treasurer and shall be countersigned by the President or the First Vice
President.
Sec.
3. DEPOSITS
All funds of the Corporation shall be
deposited to the credit of the Corporation in such bank, trust companies
or other depositories as the Board of Directors may select.
Sec.
4. GIFTS
The Board of Directors may accept on
behalf of the Corporation any contribution, gift bequest or device for
any purpose of the Corporation.
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The Corporation shall keep records and
complete books and records of accounts and they shall also keep minutes
of the proceedings of its members, Board of Directors, committees having
and exercising any of the authority of the Board of Directors, and the
membership committee and shall keep at the principal office a record
giving names and addresses of the members entitle to vote. All books and
records of the Corporation may be inspected by any member, or his agent
or attorney for any proper purpose at any reasonable time.
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Sec.
1. FISCAL YEAR
The fiscal year of the Corporation shall
begin June 1st and end May 31st of the following
year.
Sec.
2. AUDIT
Each year the Board of Directors shall
arrange for a financial review and preparation of IRS From 990
following receipt of the May bank Statement by a committee to be
appointed by the President to consist of not less than three (3) members
of the Club, none of whom may be officers or Directors of the Club.
Results of the review shall be presented to the membership as soon as
practicable but not later than the regular August meeting. The IRS Form
990 shall be mailed no later than August 20th.
Sec.
3. ORDER OF BUSINESS
The order of business at all meetings of
the Club shall be prescribed by the presiding officer. The rules
contained in the current edition of Roberts Rules of Order newly
revised shall govern all meetings of the Club on any point not covered
in these by-laws or any special rules or order the Club may adopt.
Sec.
4. PROPERTY
Items purchased for use in the school
program shall be conveyed to the school by resolution of the Board of
Directors and shall be the property of the school. All items not so
transferred shall be the property of the Club. The disbursement or
transfer of funds or property to any representative or employee of the
Wake County Public School System shall be as provided for in the Wake
County Public School Board Policy in effect at the time of the transfer
or disbursement.
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Sec.
1. STUDENT OBLIGATION
Students of the Garner Senior High Music
Program, and/or their parents or guardians shall be obligated to pay an
amount to be determined each year by the Board based upon the annual
budget. Full payment of the annual obligation will be due by December 1
of each year. Payment options may be negotiated with the Treasurer.
Sec. 2. DISTRIBUTION OF STUDENT ACCOUNT BALANCE
Students in the Garner Senior High School
Music Program with an account balance at the end of the School Year will
have the following options:
-
Carry over the balance to the next School year.
- If
the student elects not to participate in the Music Program the next
year, they may:
- elect to have
the balance transferred into another student's account in the Garner
Music Program. (This request must be in writing and given to the
Treasurer of the Booster Club on or before August 1st.Both
student and parent or guardian must sign this request.)
- If the student
elects not to participate in the Music Program and a request to
transfer the funds to another student's account has not been
received on or before August 1st, the balance of the
student's account will become a part of the General Fund of the
Booster Club.
- If a Student is
transferred to another school within the Wake County Public School
System due to redistricting or relocation of the family, the student
may elect to have 80% of the account balance transferred to the
receiving school if the student elects to continue in marching band
and a student obligation is required. OR, the student may request
that 80% of the account balance be held in the account until
graduation and have a scholarship written to a College, as in (c)(1)
below.. This request must be in writing and given to the Treasurer
of the Booster Club on or before August 1st.Both student
and parent or guardian must sign this request.18
- A Senior
of the Garner Music Program who graduates from Garner Senior High
School with an account balance may:
- have a scholarship
of 80% of their account written to a College with the remaining 20%
becoming a part of a scholarship fund established by the Booster
Club. In no way will the check be written to the Student, parent or
guardian. This request must be in writing, signed by both the
student and parent or guardian, and given to the Treasurer of the
Booster Club on or before August 1st.
- elect to have 80% of
their account transferred into another student's account, with the
remaining 20% becoming a part of a scholarship fund established by
the Booster Club. This request must be in writing and signed by both
the student and parent or guardian and given to the Treasurer of the
Booster Club on or before August 1st.
- the balance of the
student account will become a part of the General Fund of the
Booster Club.
- request a
deferment of up to 12 months. This request must be in writing and
signed by both the student and parent or guardian and given to the
Treasurer of the Booster Club on or before August 1st.
It should be remembered that the funds of
the Garner Band Booster Club are for the students in the Garner Senior
High School Music Program and funds are not to be used as money-making
tools for the students.
Sec.
3. FUNDRAISING
The Ways and Means Committee shall
approve and submit all fundraising activities to the membership.
- Proceeds from regular
fund raising activities shall be divided between the Band Boosters
Club and the account of the student who raises the money as followed:
- 50% to
the General Fund of the Band Boosters Club
- 50% to
the Student's account
- Proceeds from
special band sponsored functions other than regularly scheduled music
department events, a student's account balance above the annual
obligation may be applied toward any fees necessary to cover
participation in the event.
Under special circumstances, funds raised
through student fundraising activities may be divided in a manner to be
determined by the Board.
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Whenever any notice is required to be
given under the provisions of the General Statute, Chapter 55A or under
the provisions of Article IV of these by-laws of the Corporation, a
waiver thereof before or after the time stated therein, shall be deemed
equivalent to giving such notice.
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Sec.
1. PROCEDURES
The by-laws of the Club may be amended at
any regular or special meeting by two-thirds vote of members present,
provided that the amendment has been submitted in writing at the
previous regular meeting. Only the Board of Directors or ten percent or
more of the membership by signed written petition may make amendment.
Sec. 2. EFFECTIVE DATE
Amendments shall be effective, if
approved, on that date, or on the date specified in the amendment.
These by-laws were amended by action of
the Board of Directors on October 6, 1986 and action of the Booster Club
on October 13, 1986 and November 10, 1986.
These by-laws were amended by action of
the Board of Directors on July 6, 1987 and action of the Booster Club on
July 13, 1987 and August 17, 1987.
These by-laws were amended by action of
the Board of Directors on February 7, 1994 and action of the Boosters
Club on March 15, 1994.
These by-laws were amended by action of
the Board of Directors on April 8, 1996 and action of the Boosters on
April 8, 1996.
These by-laws were amended by action of
the Board of Directors on May 20, 2002 and action of the Boosters on
July 8, 2002.
2
Adds definition of Quorum
3
Deletes reference to Membership Form
4
Deletes one vote per family and changes to one vote per member
5
Deletes reference to second Monday and replaces it with 'once'
6
Deletes reference 'without any other notice than this bylaw' and ' after
at the same place as the annual meeting of the members'. Replaces with
'before the Regular Meeting of the Club . . .by resolution of the Club
or Board of Directors.'
7
Deletes 'at the principal office of the corporation or' and leaves 'at
such place as the directors may determine.'
8
Deletes 'dues paying'
9
Additional duty for 2nd Vice
President
10
Additional clarification and additional
responsibility for Historian.
11
Deletes superfluous term 'from time to time'
12
Adds clarification of chairman and sets appointment time for the
President.
13
Reflects 2nd VP as vice chairman of Ways & Means committee
and clarifies potential number of members for the committee.
14
The Budget Committee is being increased to include the Band Director,
approval dates are moved forward to assure better tracking of available
funds, and adds in approval of the budget by the general membership.
15
Names the other officers eligible to co-sign checks.
17
Sections 1 and 3 are new sections written to cover development of
student obligation, distribution of student accounts and explanation of
fundraising activities. Most of Section 2 was written and adopted by
previous Club activities, but was never incorporated properly into the
bylaws.
18
Addresses account balance in event student is transferred to another
Wake County Public School.
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