For clarity, these are the entire bylaws. I do not expect anyone to read these in their entirety. However, I don’t wish for there to be any perceived omissions either. I feel that only through complete transparency can an actual resolution and/or understanding be found…
XX BAND BOOSTERS ASSOCIATION BYLAWS Established 11/21/2001
Revised: 4/27/2021
ARTICLE I NAME
Name of the Organization shall be XX Band Boosters Association; hereinafter referred to “XXBBA”
ARTICLE II OBJECTIVES
The objectives shall be to support the band and guard programs, as established by the band director, by providing:
ARTICLE III
➢ Supplemental financial support; and
➢ Supplemental communication to students, parents, school administrators, and the community; and
➢ Positive encouragement to students and Staff; and
➢ Volunteer personal assistance.
MEMBERSHIP
Voting membership shall be comprised of parents or guardians of middle and high school students participating in all High School band and guard programs of the Community School Corporation of XX, and shall hereinafter be referred to as “Voting Boosters.” Anyone interested in supporting the objectives of XXBBA, shall hereinafter be referred to as “Boosters.”
ARTICLE IV BOARD OF DIRECTORS
The Board of Directors shall be the managing body of XXBBA. The Board of Directors shall be responsible for coordinating the XXBBA’s affairs as well as establishing the budget and reporting the budget at the Annual Organizational Meeting.
SECTION 1 The Board of Directors shall consist of the immediate past President, President, Vice President, Treasurer, Student Account Facilitator, Secretary, Online Coordinator/Community Liaison, Sponsorship Coordinator, Fundraising Coordinator, and Concession Coordinator. The President shall serve as the chair of the Board of Directors.
SECTION 2 The Board of Directors may appoint an Executive Committee consisting of the President, Vice-President, Secretary and Treasurer to conduct such activities with all authority on behalf of the Board of Directors as the Board of Directors may determine is appropriate from time to time.
SECTION 3 The Officers of XXBBA Board of Directors shall consist of President, Vice- President, Secretary, Treasurer and Student Account Facilitator. The Officers of the Board of Directors shall be voting members of the Board of Directors.
SECTION 4 The Officers shall perform the duties prescribed by these Bylaws and by the parliamentary authority adopted by XXBBA.
➢ The President shall preside at all meetings of XXBBA, shall appoint committees whose members (except for the Nominating Committee) shall serve at the pleasure of the President. The President shall be an ex-officio member of all committees, except the Nominating Committee.
➢ The Vice President shall assume all duties of the President in the absence of the President.
➢ The Secretary shall keep and make available to current Board Members, upon request, all records. Either the President or the Secretary may sign all certified copies of Acts of XXBBA. The Secretary shall keep, report, and maintain minutes of all meetings, and attend to all correspondence.
➢ The Student Account Facilitator (formerly the Financial Secretary) shall receive student-related funds due XXBBA. He/She shall keep and maintain an accurate record all student fees, fair-share credits, and fundraising credits. He/She will present an annual income report, as well as such interim income reports, as the President may request, to the Board of Directors and at regularly scheduled meetings. The Student Account Facilitator shall make available such records to any Booster, upon request, except records pertaining to individual student accounts, and confidential requests for payment plans or for financial assistance. Confidential records may be made available solely to the President, Vice President, Treasurer, and Student Account Facilitator. The Student Account Facilitator, with direction and agreement from the Treasurer and Director, shall pursue means of Collection as needed.
➢ The Treasurer shall issue all disbursements, keep and maintain an accurate record of all receipts, income deposits, and disbursements. The Treasurer shall present an annual financial report, as well as such interim financial reports as the President may request, to the Board of Directors and at regularly scheduled meetings of XXBBA. The Treasurer shall make available such records to any Voting Booster upon request. The Vice President shall reconcile the bank accounts monthly. The Treasurer shall provide such records to the Vice President as required to perform the monthly bank account reconciliation. The Treasurer, as a matter of course, shall provide a copy of the monthly bank statements to the President and the Student Account Facilitator upon request, and shall provide a current account balance at each regularly- scheduled Board Meeting.
o All members of the Finance Committee (President, Vice President, Treasurer) shall be notified of all outgoing payments via electronic means.
▪ Notification for payments made via online banking will be auto- generated.
▪ Notification for payments made by other means will be created by capturing an image of the payment and sending it electronically.
o Emergency, and/or non-budgeted expenditures shall be approved verbally or in writing by two Officers depending on availability. The emergency expenditure shall be reported at the next meeting of the Board of Directors and recorded in the minutes by the Secretary with notation as to which Officers authorized the payment, the date of the authorization, and the date of the payment.
It shall be the responsibility of the Treasurer to assure that all Officers and additional necessary personnel as determined by the Board of Directors are bonded at the expense of XXBBA.
SECTION 5
Coordinator/Community Liaison, Sponsorship Coordinator, Fundraising Coordinator and Concession Coordinator. The Coordinators of the Board of Directors shall be non-voting members of the Board of Directors.
SECTION 6 The Coordinators of the Board of Directors shall perform the duties prescribed by these Bylaws and by the parliamentary authority adopted by XXBBA.
➢ The Online Coordinator/Community Liaison shall maintain the website, assist in moderating social media groups, and provide the XX community and XX Junior High/High School band families with monthly program updates via social media, website, or other formats.
➢ The Concessions Coordinator shall manage the concession schedule, track volunteer concession attendance, communicate frequently with the Student Account Facilitator and Treasurer, order food and drinks, and support concessions needs for all hosted events.
➢ The Sponsorship Coordinator shall manage all aspects of the corporate and local sponsorship program, including program and individual and event sponsorships, and shall communicate frequently with the Treasurer.
➢ The Fundraiser Coordinator shall manage fundraisers and shall communicate frequently with the Student Account Facilitator and Online Coordinator/Community Liaison.
SECTION 7 The terms of office for all positions are one (1) year or until their successors are elected. The term of office for all positions shall begin at the adjournment of the election meeting. The outgoing Treasurer and Student Account Facilitator shall continue as non-voting members of the Board of Directors in an advisory capacity to the newly elected Treasurer and Student Account Facilitator at the discretion of the incoming Financial Committee so as to ensure an orderly and cooperative transition of the offices.
The outgoing Treasurer and Student Account Facilitator shall make all books and records available to the newly elected Treasurer and Student Account Facilitator immediately upon election and shall formally turn over all records by no later than 30 days after the election.
SECTION 8 Eligibility for the Board of Directors
• The Board of Directors shall consist of adult family members or legal guardians of
any middle and/or high school students participating in any high school band or
guard programs who are dedicated to maintaining the objectives of the XXBBA.
• No Officer shall hold more than one (1) office at a time, except at the discretion of
the President and/or Director.
• No Board Member shall hold more than one (1) position at a time, except at the
discretion of the President and/or Director.
SECTION 9 Notification of resignation shall be by a Letter of Resignation that shall be deemed final upon acceptance by the President.
SECTION 10 With the exception of the President, whose position shall be filled by the Vice-President for the remainder of the unexpired term, vacancies shall be filled by a special election during a regularly scheduled meeting of the Board of Directors. The Board of Directors shall nominate a qualified candidate and may fill the office by temporary appointment until such time as there is reasonable opportunity for a special confirming vote by a majority of the Boosters during a regularly scheduled or special meeting.
SECTION 11 The Board of Directors shall meet monthly during the months of May, June, August, September, October, November, January, February, March, and April. At the close of each meeting, those present shall determine the date of the next meeting in order to best serve the needs of all members. Special meetings shall be called by the President upon written request of five (5) voting members of the Board. Special meetings may be conducted by any means of communication, including telephone or internet.
SECTION 12 The immediate past President, Band Director, and Assistant Band Director may be present in advisory capacities as non-voting members of the Board of Directors.
SECTION 13 A two-third (2/3) majority of Board of Directors members constitutes a quorum.
SECTION 14 The creation of a new position within the Board of Directors shall first be considered by the sitting Board of Directors upon review of the Job Description provided by the proposing party.
1. If a majority of the sitting Board approves the creation of the new position, the motion to create the new position shall be brought before the Boosters for approval.
2. If approved by a majority of the Boosters, the President may immediately appoint an appropriate Member to the inaugural term. The newly created position shall then be included in the election process moving forward.
ARTICLE V ELECTIONS
The President will appoint a Nominating Committee. The Nominating Committee will consist of more than one (1), but no more than three (3) current or former XXBBA Boosters. The Nominating Committee Members will not be running for an office.
SECTION 1 THE DUTIES OF THE NOMINATING COMMITTEE (hereinafter referred to as “The Committee”)
The duty of The Committee is to find the best candidate(s) for each office.
1) The Secretary shall give The Committee a copy of the membership list, the bylaws, and a description of the duties of each office. If anyone is elected,
and it is discovered after the election that the person is not eligible, the election of that officer is null and void. The Committee then has to find a new nominee, and the Voting Boosters vote again.
SECTION 2 REPORT OF THE COMMITTEE
1) Chairman of The Committee (hereinafter referred to as “Nominating
Chair”) states the nominations for each open office position in the order of: President, Vice-President, Secretary, Treasurer, Student Account Facilitator, Online Coordinator/Community Liaison, Sponsorship Coordinator, Fundraising Coordinator, and Concession Coordinator and presents the nominations to the Board of Directors for announcement thirty (30) days prior to elections.
a) The Chair will also state the nominations (hereinafter referred to as “Report”) for each open position at the Election Meeting, which is a General Booster Meeting to be held in April.
SECTION 3 NOMINATIONS FROM THE FLOOR
During the Election Meeting, at the completion of the Report, the Chair opens nominations for the floor: Any Booster in attendance can bring forth a nomination. However, the rules for nominating a candidate are the same as for The Committee. A Booster should know beforehand if the person he or she wishes to nominate is both eligible and willing to serve.
1) During nomination from the floor:
a) A Booster shall receive recognition for the Chair, and nominate for the
open position; and
b) A person can nominate himself or herself; and
c) A nomination does not need a second (2nd) motion; and
d) A Booster can be nominated for more than one office; and
e) A Booster cannot nominate more than one person for an office until
everyone has had the opportunity to make nominations; and
f) Nominees do not have to leave the room during the nominations, when
the vote is taken, or when the vote is counted; and
g) A Booster can rise and decline the nomination during the nominating
process; and
h) After each nomination, the Chair repeats the name to the assembly.
2) A Booster must make a motion to close the nominations for each Office.
The motion must be seconded, and agreed to by 2/3 majority. Following
the close of nominations and voting for that position begins.
3) If, at any time, during the nominating process, a Booster realizes that he
or she will be unable to serve if elected, the Booster should stand and
request that his or her name be removed from nomination.
SECTION 4 ELECTIONS
1) After the Nominating Process is finished, the Voting Boosters will vote by ballot on the proposed candidates for that particular office. A Vote will take place, even if there is only one candidate for each office. A ballot vote allows for Voting Boosters to write in any candidate’s name that was nominated from the floor.
2) Individual ballots will be provided for each Office after nominations for that Office are closed.
3) The Committee gives Voting Boosters a paper ballot after nominations have been closed for an Office. The Voting Boosters write the name(s) of the candidates nominated from the floor. Once Voting Boosters have completed their ballot, The Committee then collects the ballots and the Teller Committee counts them. Teller One reads the results for that position. The Chair declares who is elected and continues the process until each Office has been elected. The process does not proceed forward to the next office until the current office is filled.
SECTION 5 COUNTING AND RECORDING THE BALLOTS
1) Two (2) or Three (3) Boosters will comprise the Teller Committee who
is charged with counting and recording the ballots.
2) For each Office ballot-vote taken, the Teller Committee should have a
sheet of paper that helps tally the ballots.
3) Counting the Ballots. Following are the procedures that the Teller
Committee should follow to count ballots:
a. When three (3) Tellers are appointed to count the ballots, Teller One
(1) should open each ballot and determine whether it is a legitimate ballot. All blank ballots are put aside and are not counted in the total number of votes cast. Invalid ballots, those that are illegible, or that contain the name of a person who is not eligible for election, or two (2) ballots with names on them folded together, are put in another pile.
b. Teller One (1) reads aloud the names on each ballot. The other two tellers each keep a separate Teller’s Sheet, recording each candidate’s name on the Teller’s Sheet the first (1st) time it is read, and placing a tally mark next to a candidate’s name each time Teller One reads that name aloud. Teller Two (2) calls out “tally.” If Teller Three’s report doesn’t agree with Teller Two’s, then the count stops at this point to see where the mistake was made in
recording the vote.
c. When all the ballots have been read aloud, the Teller Committee
totals the votes for each candidate and writes the number of votes received by each name. The Committee then writes the word “elected” by those receiving the most votes of all candidates on the ballot. If there is a tie, the phrase “no election” is written on the Teller’s Report. The names of each of the Tied-Candidates will be the new slate, and Voting Boosters will fill the Office by choosing from only the Tied Candidate names on the ballot.
i. In the event of a continued tie due to the number of tied candidates and/or votes cast, the candidates may decide between themselves who will take the position.
ii. If no decision can be reached between the candidates, the name of each candidate shall be placed in a hat and the elected member drawn at random.
d. Each member of the Teller Committee signs the Teller Report, and Teller One reads the report to the assembly, and gives it to the Chair.
i. Tellers should cast their ballots at the same time that the Voting Boosters vote; and
ii. If a Booster is elected and not present, and has not previously said that if elected he or she will serve, someone should call the Booster to see if he or she will accept the office. If not, the Voting Boosters can vote again during that meeting for another candidate; and
iii. If there is a question about the way a ballot is marked, the Tellers should take it to the Chair. He or She should decide what to do with the vote – whether to count it and toward what name to credit the vote; and
iv. When presenting the nominations or taking the vote for a list of Offices, the Chair should follow the order of Offices that appear in the bylaws.
v. If a person has been nominated to more than one office, and is elected to two offices, he or she can choose which office he or she wants. The Boosters then vote again on the other office.
vi. If a Booster is not present to choose which office he or she wants to serve, the Voting Boosters vote on which office they want him or her to serve. Voting Boosters then vote on a candidate to fill the remaining office.
SECTION 6 TAKING A RECOUNT
1) If a Booster questions the validity of an election or the procedure,
he/she should make a motion to recount the votes within a reasonably brief time after the Chair announces the election outcome, and prior to the next election of Office. The motion to have a vote for a particular Office recounted needs a second, is not debatable, and takes a majority vote to adopt.
2) After the person elected to office assumes the position, it is too late to nullify an illegal election. For this reason, Boosters should listen carefully to the Report of the Teller Committee. If something should raise an issue of impropriety, a member should question it during the meeting. Officers assume their duties immediately after the meeting is adjourned; therefore it is then too late to question the election.
ARTICLE VI COMMITTEES
SECTION 1. Committees to assist the various Coordinators shall be appointed by the Chairperson. It shall be the responsibility of each Committee to investigate, organize and carry-out assistive activities. Each Committee shall report directly to the appropriate Coordinator who shall in turn report to the Board of Directors at regularly scheduled meetings. SECTION 2 The Director, and the Finance Committee, comprised of the President, the Vice-President and Treasurer, shall prepare a budget for submission to the Board of Directors for their approval in April. The Treasurer shall report the budget to the Boosters in the April meeting. The Fiscal Year for the XXBBA shall be June 1 through May 31 each year.
• The Board of Directors may cause an audit or review of all financial records for the prior year to be audited, with the auditor’s report to be submitted by the President at the next Booster meeting. SECTION 3 The President or Board of Directors may appoint other such committees, standing or special, from time to time as deemed necessary, to carry on the work of XXBBA.
ARTICLE VII PARLIAMENTARY AUTHORITY
The rules contained in Robert’s Rules of Order Newly Revised, shall govern XXBBA in all cases in which they are applicable, and in which they do not conflict with the rules and bylaws of XXBBA.
A parliamentarian may be appointed by the President to offer non-binding advice to the chair as to parliamentary inquiries. The Parliamentarian shall not retain the right to vote on any matter on which advice has been offered to parliamentary inquiries.
ARTICLE VIII AMENDMENT OF BYLAWS
These bylaws may be amended at the April or May meeting by a two-thirds (2/3) vote, provided that advance notice, either written or verbal, is given. The President may appoint, as necessary, a committee to revise the bylaws and report at a special meeting to be held in person or online.
ARTICLE IX REMOVAL OF OFFICERS AND DIRECTORS
Any Officer or member of the Board of Directors may be removed from an elected position by three-fourths (3/4) of the Boosters present at any regularly scheduled, or Special meeting of XXBBA. Advance notice of intent to remove, at least seven (7) days prior to the meeting, shall be communicated to the Boosters. Any officer or Board Member may be temporarily relieved of responsibilities and authorities from an elected position by a three-fourths (3/4) vote of the Board of Directors until such time as there is opportunity for a removal vote at a regularly scheduled or special meeting of XXBBA. At such general meeting, the determination of the Board of Directors shall be confirmed by a majority vote, or if not, the Officer or Board Member shall continue in the elected position for the remainder of the unexpired term.
ARTICLE X DISTRIBUTION OF ASSETS
In the event XXBBA should, at any time, be dissolved, any money on-hand shall be gifted to the XX Community Foundation for creation of a Trust to benefit the XX High School Band Department of the Community School Corporation of XX.
XX Band Booster Association Student Account Policy General Information:
The purpose of the XXBBA Student Account Program is to allow students to earn and track funds to support personal band/guard expenses. Student Account Money can be applied to any performing arts expense including purchasing instruments, maintaining personal instruments, music, performing arts supplies, supporting school field trips, charitable donations benefitting the school, fees for instruction camps, XXBBA merchandise, auditions, or private lessons. When there is more than one student within a family participating, the family will have only one Student Account.
Student Account Deposits:
For designated sponsored fundraising events, a portion of funds earned will be credited to that family’s Student Account. The remainder will be deposited to the XXBBA General Account. The formula used to calculate the amount to the Student Account will be decided by the Board of Directors for each activity. This applies to any fundraising events organized or sponsored by the XXBBA. Students, parents or others may also make donations to Student Accounts, credited at 100%. All deposits must be clearly marked with the student’s full name. Deposits must be sent via mail to the XXXX Post Office Box. Other methods of deposit will be announced as needed to ensure prompt and secure handling.
Access to Student Account Balance:
The Student Accounts Facilitator will distribute two (2) time per year, or additionally as directed by the XXBBA Board, a statement with the account activity. Additionally, the student or parent/guardian may request balance information directly from the Financial Secretary for their own account.
Student Account Withdrawals and Transfers:
To withdraw funds to reimburse and expenditure (as defined above), submit the receipt
(clearly marked with the student’s full name) via the XXXX Post Office Box or via electronic means. A check will be mailed to the parent/guardian. To transfer student account funds to pay for a school-sponsored event, such as a field trip, submit a written request with the student’s full name and the reason for the transfer via the XXXX Post Office Box or via electronic means.
Departing Students:
All departing students (including graduating seniors, students that move from the XXXX attendance area, and those leaving the band/guard program) have the following two (2) options for disbursement of XXXX Student Account Funds:
1) The funds can be used to reimburse expenses as outlined above. All requests for expense reimbursement should be received by the last day of the school year but will be accepted through November 1 of that year.
2) Funds left on deposit in each inactive student account will be transferred to the XXXX “Student Fund” on or after November 1st should there be no designation from the Family. The Student Fund is a fund used to help needy students with assistance for band-related expenses and is administered by the President and the Financial Committee.