Removal of booster members

[Richard Brown]

I agree with @Dan Honemann that whether the action taken by the board constitutes discipline is not the only issue here. As Mr. Honemann has stated, regardless of whether the action taken constitutes discipline, it might well exceed the authority which the board has.  In addition, even if the board has the authority, the membership can likely reverse that action per the rules in RONR.

Edited to add:  See Official Interpretation 2006-13 on the main website for information on the membership reversing board actions. https://robertsrules.com/official-interpretations/

Edited March 31, 2023 at 03:06 PM by Richard Brown
Added last paragraph

[James Brown]

On 3/31/2023 at 10:27 AM, Richard Brown said:

@James Brownsince I know you have just ordered the 12th edition of RONR, the reference that JJ made should actually be to “CHAPTER XX” , not “section XX”. Chapter XX Is the chapter on discipline, made up, I believe, of sections 61, 62, and 63. I’m speaking from memory, not looking at the book.

Thank you!

[James Brown]

@Richard Brown - “Does the action taken by the board specifically prohibit them from running for office? Or is that a conclusion you are arriving at based on your  analysis of the situation?”

That is a conclusion we’ve arrived at based on our analysis. We are awaiting confirmation from the board to see if it is true.

The language of the removal is attached below…

On XXXX, 2022, the Board of Directors met to assess and discuss the ongoing concerns involving Mr. and Mrs. XXXX. The voting Officers present concluded by unanimous decision to prohibit Mr. and Mrs. XXXX from volunteering in any capacity for the remainder of the 2022 marching season, as well as to remove them as chaperones for the remainder of their daughter's
high school career.

Per the XXXX Bylaws (Article IV, Section 3), this decision was voted on by the voting Officers present with the exception of the President, who chose to abstain from the vote due to previous interactions with, as well as being the subject of claims made by, Mr. and Mrs. XXXX.

The original document communicating this decision was intended to be delivered to M.r and Mrs. XXXX before the October XXXX, 2022 marching event, but was delayed due to extenuating circumstances and additional information that had been received.
Although the delivery of the decision made by the Board on October XXXX, 2022 was delayed, Mr. XXXX’s recent actions have driven the Board to determine that this issue requires renewed attention.

Because of numerous marching band show day disruptions, repeated violations of the signed Parent Behavior Expectations, and Mr. XXXX’s unfounded accusations against the members of the Board of Directors, the Board came to a final resolution during the regularly scheduled Board meeting on XXXX, 2022.

By unanimous decision, the Board reached the following conclusions:
• M.r and Mrs. XXXX will not be permitted to serve as chaperones for ANY future Program events for the duration of their daughter's career at XXHS

- AND -
• M.r and Mrs. XXXX will not be permitted to serve in ANY volunteer capacity for ANY future Program events for the duration of their daughter's career at XXHS.
• This decision includes but is not limited to assisting with props, equipment, uniforms, etc. during any competition season.
• This decision also applies to other Program needs, including but not limited to volunteering at the XXXX gift shop or any other venue, on or off campus.

The above decision of the Board is effective immediately and applies regardless of any prior agreements or a lack of adequate volunteers. Further, this decision may not be overridden by a Director or any member of staff.

It is the intention of the XXXX Board of Directors that the above decision does not affect the participation of Mr. and Mrs. XXXX's daughter in the Program. While the behaviors, decisions and actions of M.r and Mrs. XXXX are their own, it is the hope of this Board that any response to these sanctions does not result in their daughter being removed from the Program.

To eliminate any distractions that might befall our students, staff, and volunteers, it is the position of the Board that the above resolution will not be discussed with anyone in a public setting, either by members of the Board or by Mr. and Mrs. XXXX. Any future communication this matter is to be conducted via the XXXX Board of Directors dedicated emails.”

[James Brown]

@Richard Brown - it bears noting that Mr. & Mrs. XXXX met with the band director over the board’s claims that they would remove their daughter from the program if needed. The director emphatically rejected this claim and stated that the board had zero jurisdiction over student’s careers in the band program.

It also bears noting that a member of the board stated in a text message with a booster member that the vote was not unanimous. When pressed for details, the board member said that at one time the vote was not unanimous and at one time it was.

[James Brown]

On 3/31/2023 at 10:52 AM, Dan Honemann said:

Although the statement that: "The question as to whether or not the only situations where Robert's Rules requires disciplinary proceedings of some kind (e.g., trial) are removal from membership and removal from an officer position" is not accurate, the question as to whether or not disciplinary proceedings are required is somewhat beside the point.  The real issue involved is the question as to whether or not the Board was authorized to take the actions that it did, and the answer to this question is to be found in your bylaws. 

The person giving you advice has read your bylaws (I have not) and has apparently concluded that your bylaws give the Board the authority to do what it did.  This may well be the case.  However, if there is, in fact, some ambiguity in this regard, or if your Board is clearly not given such authority, then I renew my suggestion that you take the course of action that I recommended.

 

@Dan Honemann - below is the Article the CPP-T is referring to that they believe gives the board “broad powers”.

ARTICLE IV BOARD OF DIRECTORS
The Board of Directors shall be the managing body of XXXX. The Board of Directors shall be responsible for coordinating the XXXX’s affairs as well as establishing the budget and reporting the budget at the Annual Organizational Meeting.

Edited March 31, 2023 at 04:54 PM by James Brown
Typo

[Gary Novosielski]

On 3/31/2023 at 10:03 AM, James Brown said:

After providing the CPP-T with the additional information, this was their response…

“As I said, the only situations where Robert's Rules requires disciplinary proceedings of some kind (e.g., trial) are removal from membership and removal from an officer position (which would include any non-officer board positions), so the rules in these situations don't support any action against the board acting as it did, even if it seems extremely unfair.  Regardless of what the various volunteer activities are, the board appears to have the power to decide who participates in such activities.

I do NOT see anything in the rules that would prevent the parents from running for the board, if they chose to do so.  Personally, with such interpersonal conflicts, I would not want to join such a board.

If, however, they obtain an attorney that thinks that there is a possibility of legal action, you may put me in contact with them and I can provide a written parliamentary opinion and/or expert testimony.  As above, unless the attorney can provide me with new information that I have not yet considered, my opinion and/or testimony might not be supportive of any successful legal action.

I'm sorry that you're dealing with such conflict in your effort to support the organization.”

 

At this point, I’m taking the CPP-T’s information with a grain of salt….

The facts regarding what forms of discipline require a trial, even if correct, apply to removal from membership by the society itself, and that's not what's in question here.

The question is whether the board had the authority to do what it did, and we can't know that without reading that section of the bylaws that deals with the powers of the board.  You have said that the bylaws are silent on what power the board has over members, and this is perfectly normal.  But without actually reading the bylaws, we cannot state with certainty exactly what powers the board may or may not have.

Assuming the board did in fact exceed its authority, then trials and other discipline are beside the point.  The much simpler question is whether the board took action outside its authority or instructions, and thereby created a continuing breach which would be subject to a Point of Order.  And if the point is ruled not well taken, the ruling is subject to Appeal.

Questions of discipline might occur with respect to the board members who voted in favor of the allegedly improper action, but that's an entirely different matter.

 

[James Brown]

On 3/31/2023 at 4:31 PM, Gary Novosielski said:

The facts regarding what forms of discipline require a trial, even if correct, apply to removal from membership by the society itself, and that's not what's in question here.

The question is whether the board had the authority to do what it did, and we can't know that without reading that section of the bylaws that deals with the powers of the board.  You have said that the bylaws are silent on what power the board has over members, and this is perfectly normal.  But without actually reading the bylaws, we cannot state with certainty exactly what powers the board may or may not have.

Assuming the board did in fact exceed its authority, then trials and other discipline are beside the point.  The much simpler question is whether the board took action outside its authority or instructions, and thereby created a continuing breach which would be subject to a Point of Order.  And if the point is ruled not well taken, the ruling is subject to Appeal.

Questions of discipline might occur with respect to the board members who voted in favor of the allegedly improper action, but that's an entirely different matter.

 

These are the first 4 Articles of our Bylaws. The CPP-T based their findings specifically on Article VI. I emphasize there is nothing else in our bylaws concerning discipline of booster members.

“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 School Corporation XXXX, 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.

I can provide the rest of the Bylaws if you feel they would help.

[Dan Honemann]

You quoted a portion of what you called the "language of the removal" as follows:

"Per the XXXX Bylaws (Article IV, Section 3), this decision was voted on by the voting Officers present with the exception of the President, who chose to abstain from the vote due to previous interactions with, as well as being the subject of claims made by, Mr. and Mrs. XXXX."

Apparently, you have not provided us with all of Article IV.  What does Section 3 of this Article provide?

[James Brown]

On 3/31/2023 at 7:28 PM, Dan Honemann said:

You quoted a portion of what you called the "language of the removal" as follows:

"Per the XXXX Bylaws (Article IV, Section 3), this decision was voted on by the voting Officers present with the exception of the President, who chose to abstain from the vote due to previous interactions with, as well as being the subject of claims made by, Mr. and Mrs. XXXX."

Apparently, you have not provided us with all of Article IV.  What does Section 3 of this Article provide?

My apologies, I thought I attached this.

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.

[Gary Novosielski]

On 3/31/2023 at 7:54 PM, James Brown said:

My apologies, I thought I attached this.

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.

Well, there's nothing there authorizing discipline of members by the board, so citing it as justification for removal in the "language of removal" you quoted is apparently just meaningless window dressing.  They cite it as conferring some power, yet it does no such thing.

[James Brown]

On 3/31/2023 at 7:59 PM, Gary Novosielski said:

Well, there's nothing there authorizing discipline of members by the board, so citing it as justification for removal in the "language of removal" you quoted is apparently just meaningless window dressing.  They cite it as conferring some power, yet it does no such thing.

I am aware of this. It at times feels like we’re in the Twilight Zone. My hope is when this all over, the organization as a whole will be better educated (myself included).

[James Brown]

@Richard Brown, @Dan Honemann @Gary Novosielski - I have my copy of RONR. I’m starting with Chapter XX, Sections 61-63. I know there was mention of Section 23 as well. Please advise other chapters you feel may be of some assistance.

Thank you!

Edited April 1, 2023 at 11:30 PM by James Brown
Typo

[James Brown]

The information in Chapter XX, Section 61:4 is very compelling to me. Especially considering that none of the suggested tactics in this section were observed… The board (specifically the board president) was almost instantly hostile and aggressive in their approach.

Again, these parents received no warning whatsoever that there was potential for discipline.

[Gary Novosielski]

On 4/1/2023 at 11:07 PM, James Brown said:

The information in Chapter XX, Section 61:4 is very compelling to me. Especially considering that none of the suggested tactics in this section were observed… The board (specifically the board president) was almost instantly hostile and aggressive in their approach.

Again, these parents received no warning whatsoever that there was potential for discipline.

It's worth remembering that those sections apply to what steps the membership can take for discipline.  The board doesn't have any of those tactics at its disposal.

[James Brown]

On 4/1/2023 at 11:17 PM, Gary Novosielski said:

It's worth remembering that those sections apply to what steps the membership can take for discipline.  The board doesn't have any of those tactics at its disposal.

Does this mean the board has to employ different tactics, or that they are restricted in some way?

[Richard Brown]

On 4/1/2023 at 10:57 PM, James Brown said:

Does this mean the board has to employ different tactics, or that they are restricted in some way?

It means that the board is restricted and can do only what the bylaws or state law permit it to do. A careful reading and analysis of the power granted to the board in the bylaws is necessary.

[James Brown]

On 4/2/2023 at 3:08 AM, Richard Brown said:

It means that the board is restricted and can do only what the bylaws or state law permit it to do. A careful reading and analysis of the power granted to the board in the bylaws is necessary.

Which leads me straight back to Article VI, Section 3 of our bylaws, which the board referred to as the basis for their removal of the parents.

REMOVAL LETTER: “Per the XXXX Bylaws (Article IV, Section 3), this decision was voted on by the voting Officers present with the exception of the President, who chose to abstain from the vote due to previous interactions with, as well as being the subject of claims made by, Mr. and Mrs. XXXX."

BYLAWS: 
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 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.

 

[James Brown]

On 4/2/2023 at 10:25 AM, James Brown said:

Which leads me straight back to Article VI, Section 3 of our bylaws, which the board referred to as the basis for their removal of the parents.

REMOVAL LETTER: “Per the XXXX Bylaws (Article IV, Section 3), this decision was voted on by the voting Officers present with the exception of the President, who chose to abstain from the vote due to previous interactions with, as well as being the subject of claims made by, Mr. and Mrs. XXXX."

BYLAWS: 
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 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.

 

Correct me if I’m wrong…

I feel looking back at the previous posts in topic, and based on my analysis of our bylaws, that it is clear that the bylaws do not grant the board the power to impose discipline in the manner that they did.

Furthermore, referencing Section 63:5, it seems clear that procedures were not followed.

[Josh Martin]

On 4/1/2023 at 10:07 PM, James Brown said:

The information in Chapter XX, Section 61:4 is very compelling to me. Especially considering that none of the suggested tactics in this section were observed… The board (specifically the board president) was almost instantly hostile and aggressive in their approach.

I would note that, even to the extent formal disciplinary procedures are required, what is said in 61:4 is more of advice and an observation than a rule.

On 4/1/2023 at 10:57 PM, James Brown said:

Does this mean the board has to employ different tactics, or that they are restricted in some way?

The board has no power to discipline members of the society at all, unless such powers are granted in the bylaws or applicable law. Such powers are reserved for the membership unless the bylaws or applicable law specifically provide otherwise.

On 4/2/2023 at 9:32 AM, James Brown said:

Correct me if I’m wrong…

I feel looking back at the previous posts in topic, and based on my analysis of our bylaws, that it is clear that the bylaws do not grant the board the power to impose discipline in the manner that they did.

Furthermore, referencing Section 63:5, it seems clear that procedures were not followed.

My view continues to be that prohibiting members from participating in volunteer activities does not constitute "discipline" in the sense that term is used in RONR. It appears others disagree with this assessment. Ultimately, that will be a question for the society to decide. Certainly, any attempt to declare that members are ineligible to run for office would constitute "discipline."

I concur that nothing from the facts presented appears to grant the board the authority to discipline members. If this is the case, the question of whether the correct procedures were followed is moot, but I nonetheless agree that what has been described does not at all match the formal disciplinary procedures in RONR.

[James Brown]

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.

Edited April 3, 2023 at 02:00 AM by James Brown
Typo. Articles copy and pasted out of order.

[Gary Novosielski]

On 4/1/2023 at 11:57 PM, James Brown said:

Does this mean the board has to employ different tactics, or that they are restricted in some way?

It means that in most cases the board has no role in discipline, and where the bylaws give them that role, it is usually only in the early stages, whereas the full membership is required to take any final actions.

[James Brown]

@Dan Honemann, @Richard Brown, @Josh Martin, @Gary Novosielski: Update - The removed parents have secured a meeting with the board of directors. It is my understanding that the intentions of this meeting are to reconcile the issues that led to their removal. However, the board had requirements for the meeting.

a. That only the removed parents are allowed to attend this meeting.

b. That no motions were to be made.

Considering the facts that I’ve presented in this thread - Any advice on how the parents could or should address the board from a “parliamentary standpoint”?

[Gary Novosielski]

On 4/6/2023 at 10:16 AM, James Brown said:

@Dan Honemann, @Richard Brown, @Josh Martin, @Gary Novosielski: Update - The removed parents have secured a meeting with the board of directors. It is my understanding that the intentions of this meeting are to reconcile the issues that led to their removal. However, the board had requirements for the meeting.

a. That only the removed parents are allowed to attend this meeting.

b. That no motions were to be made.

Considering the facts that I’ve presented in this thread - Any advice on how the parents could or should address the board from a “parliamentary standpoint”?

Since I don't believe there is any evidence that the board has any power to remove or not remove anyone, I don't see the point of the meeting.

But if the rules in RONR apply, the board may certainly control who can attend their meetings.

If no motions can be made then the board cannot decide anything, so although I saw no point to the meeting, I now see even less, if that's possible.

[James Brown]

@Dan Honemann, @Josh Martin, @Gary Novosielski, @Richard Brown:

It is official. The parents were notified this evening that being on the board of directors is the “pinnacle of volunteering” and that based on them being removed as volunteers, neither of them are allowed to run for office.

This latest development comes as no surprise, and confirms what I always suspected. That the board is neither following our bylaws or taking advice/direction from RONR. 
 

I am trying to figure out the best course of action to take at this point…

Edited April 12, 2023 at 04:02 AM by James Brown

[James Brown]

@Gary Novosielski, @Dan Honemann, @Richard Brown, @Josh Martin: Note of Urgency: The election is in 2 days, and will be the first opportunity of General Boosters/Members to hear about this matter. ANY advice would be of great assistance. I am guessing that your responses will be much in the same vein as before, as this new information doesn't change the fact that the board has not followed the bylaws or parliamentary procedures.

The parents met with the board 1 week ago. At the time the parents thought that the board had a "come-to-Jesus-moment" due to the parents bringing to the board's attention that they were violating/breaching/breaking bylaws and ignoring parliamentary procedure. The board responded tonight with new, limited sanctions - still claiming validity for their decision. So much fo the come-to-Jesus-moment... Pasted below is their reasoning.

Contrary to your assertion at our meeting, volunteering is not an entitlement or right; it is a privilege. The Code of Conduct, signed by all parents, grants the Board the power to revoke all volunteer opportunities for conduct that violates the expectations outlined therein. However, in spite of the fact that we feel completely justified in the actions taken in recent months, this Board is willing to modify the terms of the sanctions imposed in December. With the exception of chaperone duties, we are willing to reinstate all other volunteer opportunities effective June 1, 2023. The rationale for this decision is as follows:

● The initial issue with your behavior was related to chaperone duties, therefore that portion of the
sanctions levied will remain intact.
● Due process was initiated for the chaperone issues by the Band Director following the events of
9/17
● The events of 10/15 led to the decision to remove your chaperone privileges entirely
● Each adjustment made to chaperone management during the marching season was a
direct result of your behavior between 9/17 and 10/15.

● It was the escalations on your part, all without an attempt to rectify the matter with a discussion,
that led to the removal of ALL volunteer opportunities.
● Side-stepping the Board at every turn (i.e. contacting Administration and Transportation
supervisor)
● Attempting to remove a Board member without cause or justification
● Sending emails to multiple parents not involved in the matter rather than attempting to
maintain discretion
● Making no apparent attempt to keep the drama out of the ears of the students
● Perpetuating dissent by spreading unfounded rumors

Each of these accusations are debatable and some lack proof entirely. For instance, The Code of Conduct is only signed by maybe 1/3 of the parents who volunteer. In other words, most parents ignore it and there is no oversight to ensure compliance. It also requires that the Band Director and the Board president sign it, which they did not. Below I have pasted the main body of  the Code of Conduct the board is referring to - which is also NOT included in the bylaws.

It might bear recalling that in the board’s initial removal letter to the parents, they referred to an Article in their bylaws as the reason they had authority to remove them. This is the same article that only mentions their titles on the board. After the parents brought this to their attention in last week’s meeting, now the board is claiming the “Code of Conduct” as their license to discipline members.

Section 1: XXXX (XXXX) & XXXX Band Boosters (XXXX)

Volunteer Agreement and Code of Conduct

I will:

• Observe the high standards of behavior & ethical conduct mandated by XX, XX & XX. (Remember that Volunteers represent their families, their community, their school & their band program)
• Set an example of correct school behavior at all times.
• Treat band students, fellow volunteers, Staff & Directors with respect at ALL times.
• Carry appropriate identification (e.g. XXXX volunteer badge). If you do not carry the Physical Badge, please have the electronic version available on your Smartphone/I-Phone.
• Dress appropriately & behave in a manner according to school policy.

Section 2. Violations of Volunteer Agreement & Code of Conduct

• Violations of the Volunteer Agreement & the Code of Conduct of XX Band Boosters & XXXX Band Board, the policies and procedures noted herein, or the directives of authorized school or band representatives acting on behalf of the XXXX, or the XXXX bands director(s) may result in removal from XX Band Boosters and all opportunities associated.

I, ____________________________ have read & understand the XXX and XXXX Code of Conduct & Volunteer Agreement as well as Section 2: Violations and agree to abide by the safe code of conduct (which includes a background check when working with, or around, XXXX Students).

Edited April 25, 2023 at 04:14 AM by James Brown
Typographical errors and edited for clarity.