CHHS Band Boosters By-Laws
ARTICLE I - NAME, PURPOSE AND TAX STATUS
Section 1. Name
The Corinth Holders High School Band Boosters, Inc., hereinafter referred to as the "CHHS Band Boosters", is a non-profit organization formed and operating under the laws of the State of North Carolina.
Section 2. Purpose
The purposes of the CHHS Band Boosters shall be to assist, sponsor and support, financially and otherwise, the band program at Corinth Holders High School in Johnston County, North Carolina (hereinafter called the "CHHS Band") in its various competitions, concerts, and other events and to assist with the purchase of items and services that are not otherwise available through the appropriated school budget.
Section 3. Basic Policies
i. The CHHS Band Boosters is organized exclusively for charitable and educational purposes within the meaning of Section 501(c)(3) of the Internal revenue Code or corresponding section of any further tax code.
ii. These purposes of the CHHS Band Boosters shall be carried out in a manner consistent with all applicable laws, these by-laws, the Articles of Incorporation of the Boosters, and any policies, rules, handbooks, ordinances, etc. that may from time to time be promulgated by the Johnston County Board of Education or the Johnston County Board of Commissioners that are applicable to booster organizations of Johnston County Schools.
iii. No part of the net earnings of the CHHS Band Boosters shall inure to the benefit of or be distributable to its members, directors, officers, or other private persons except that the CHHS Band Boosters shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of purposes set forth in the CHHS Band Booster's Articles of Incorporation and these bylaws.
iiii. CHHS Band Boosters shall be non-commercial, non-sectarian, and non-partisan.
v. Notwithstanding any other provisions of the Articles of Incorporation of the CHHS Band Boosters or these bylaws, the CHHS Band Boosters shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 50I(c)(3) of the United States Internal Revenue Code or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of said Code.
vi. Where they are applicable and not inconsistent with these By-Laws or special rules of order the CHHS Band Boosters may legally adopt, the rules contained in the current edition of Robert’s Rules of Order Newly revised shall govern the CHHS Band Boosters in all cases, including the Board meetings.
Section 4. Distributions Upon Dissolution.
Upon dissolution of the CHHS Band Boosters, the Board of Directors shall, after paying or making provisions for the payment of all liabilities of the CHHS Band Boosters, dispose of all of the assets of the CHHS Band Boosters exclusively used for the purposes of the CHHS Band Boosters in such manner to Corinth Holders High School or the Johnston County School Board. Should those entities not accept such assets then disposal of said assets shall go to such organization or organizations organized and operated exclusively for religious, charitable, educational, scientific or literary purposes as shall at the time qualify as an exempt organization's, or organizations under Section 501(c)(3) of the United States Internal Revenue Code as the Board of Directors shall determine, or to Federal, state, or local governments to be used exclusively for public purposes. Any such assets not so disposed of shall be disposed of by the Superior Court of the county in which the principal office of the CHHS Band Boosters is then located, exclusively for such purposes or to such organizations, such as the court shall determine, which are organized and operated exclusively for such purposes, or to such governments for such purposes.
ARTICLE II- MEMBERSHIP
Section 1. Membership
Membership in the CHHS Band Boosters is open to interested individuals as described herein.
Section 2. Types of Membership
There shall be two types of members in the CHHS Band Boosters: Voting Members and Non-Voting Members. All members should have a Johnston County volunteer form on file before working with students.
A. Voting Members
A Voting Member is the parent, legal guardian or legal custodian of a student participating in any of the various instrumental, ensemble or guard units of the Corinth Holders High School Band Program, which parent, legal guardian or legal custodian has accepted membership in the CHHS Band Boosters in writing. These are referred to as Voting Members.
Such Voting member shall continue to be a Voting Member of the Band Boosters until such time as the earliest of one of the following occurs:
i. such Voting Member resigns in accordance with these by-laws;
ii. the student whose enrollment in the Band qualified such Voting Member for membership in the CHHS Band Boosters resigns, graduates or otherwise ceases to be enrolled in the Band; or
iii. the Voting member is otherwise removed from membership in accordance with these by-laws.
Except as otherwise specified herein, Voting Members shall have full voting rights on all issues that properly come before the membership of the CHHS Band Boosters for a vote.
Votes by email or webform are prohibited.
For purposes of this Article, enrollment means that a student has completed and submitted the necessary course registration documents to be in the band program.
Eligibility to be a Voting member for parents, legal guardians, or the legal custodians of an enrolling eighth (8th) grade student begins at the beginning of the Fiscal year (July 1ST) that first follows the 8th grade student enrollment, but only if the conditions noted in section A above are met.
B. Non-Voting Members
The following persons are eligible to become Non-Voting Members of the CHHS Band Boosters, upon providing their written consent to such membership to the Band Boosters.
i. Grandparents/relative of any student currently enrolled in the Band program;
ii. Parents, grandparents, legal guardians, or legal custodians of any alumni of Corinth
Holders High School (CHHS) who had been enrolled in the Band while attending
CHHS;
iii. Parents, grandparents, legal guardians, or legal custodians of any current eighth
(8th) grade student that has initiated contact regarding participation in the CHHS
Band program,
iiii. Any alumnus of CHHS that was previously enrolled in the Band while a student at
CHHS;
v. The administrative and professional staff at CHHS; and
vi. The band directors of the bands at the CHHS feeder middle schools.
vii. Any other individual interested in promoting the welfare of the band and obtains the recommendation of a current Voting Member, Band Director or CHHS principal.
Non-Voting Members are not eligible to serve on the Board of Directors or as an Officer. The membership of a Non-VotingMember shall continue until such Member resigns their membership, or their qualifying conditions for membership changes, or membership is otherwise removed in accordancewith these by-laws, whichever first occurs.
Section 3. Removal and Suspension of Members
Following formal disciplinary proceedings conducted by the Board of Directors, a voting member, associate member or volunteer member, after being given a right to be heard by the Board of Directors, may be removed from the membership, or suspended from attending meetings, by a two-thirds (2/3) vote of the Board of Directors (with voting authority) for reasons of misconduct or inappropriate actions.
In lieu of suspension, voting members can have their voting privileges suspended for a set period of time as determined by the Board.
Inappropriate actions include but are not limited to:
i. Repeated belligerent and rude behavior around any students of CHHS while working at band program events or otherwise;
ii. Repeated interruptions at any CHHS Band Boosters meeting;
iii. Misuse or illegal use of alcohol or the illegal use of any controlled substances while chaperoning students, or while working at or during a band event or function.
iiii. Failure to return funds raised or remaining products as agreed.
For the purposes of this Section, two or more occurrences shall be deemed to be "repeated" occurrences.
The Board of Directors shall only consider first-hand information when ascertaining if allegations brought forward warrant the removal or suspension of a member.
Should the Board of Directors vote to take any disciplinary action against a member, the Board shall notify the affected member in writing as to their actions and the member's right to appeal their decision.
Section 4. Appeal process
Upon written notification of disciplinary action by the Board, the aggrieved member may notify the President in writing of their desire to appeal the decision of the Board. Pending the determination of the appeal, the aggrieved party shall be reinstated to their status held prior to the disciplinary action. Within five (5) days of receipt of the request, the Board shall appoint a three-member panel to review the action taken. The panel shall only review and consider the first-hand information used to initiate the disciplinary action and will use it to determine if the original allegations brought forth support the removal or suspension of the aggrieved party. Within ten (10) days of appointment the panel shall provide their decision to the President regarding reinstatement. Their decision shall be binding. The President shall communicate the decision of the panel to the affected member in writing.
ARTICLE III MEMBERSHIP MEETINGS
Section 1. Place of Meetings
All member meetings shall be held at a location as close as possible to CHHS. Every effort shall be made to obtain a location for membership meetings at no cost to the CHHS Band Boosters.
Section 2. Regular Meetings
The members of the CHHS Band Boosters shall meet once a month from July through the following June. Members shall be given a minimum of 14-day notice of any regular Booster meeting. The president may occasionally change the meeting date due to holidays or other band events with a minimum of one week notice to the membership.
Section 3. Special Meetings
Special meetings of the membership may be called at any time by the President, or thirty percent (30%) of the Voting Members, upon a minimum of three day notice to all members entitled to attend such special meeting.
ARTICLE IV - QUORUM
Upon the giving of proper notice for a regular or special membership, board, or committee meeting to all members entitled to attend such meeting, the voting members in attendance and entitled to vote at such meeting shall constitute a quorum and only voting members shall have voting privileges.
ARTICLE V- BOARD OF DIRECTORS
Section 1. Structure of the Board of Directors
A. Membership:
The Board of Directors (“The Board”) shall be elected from among Voting Members of the Band Boosters and it is comprised of the following positions:
i. The Vice President, Secretary, Treasurer, Assistant Treasurer. Each of which are voting members of the Board of Directors;
ii. The Chairperson of each Section Committee, which are appointed by the President, shall be appointed and serve on the Board. Each of these Chairprson or designee shall have one vote on the Board; and,
iii. The President will vote in a tie situation.
iiii. The Chairman of the standing and ad hoc committees, Band Director and School Principal(s) serve as non-voting, ex officio members.
Section 2. Duties and Meetings
A. It shall be the duty of the Board of Directors to ensure that the purpose and mission of the CHHS Band Boosters is carried out in an effective, planned manner, consistent with North Carolina law, these by-laws and conducive with the fiduciary trust placed in them by the membership.
B. Regular Meetings. The Board of Directors shall meet prior to all regularly scheduled CHHS Band Boosters meetings at a time and place established by the President.
C. Special Meetings. The Board of Directors may also meet from time to time as called by the President or by at least thirty percent (50%) of the Board of Directors requesting one with no less than three (3) days prior notice given thereof to all persons entitled to attend such meeting.
D. On a semi-annual basis, the Board shall appoint a budget committee as established in Article VII. c 3. Upon receipt and review of the proposed budget(s) from the budget committee, the Board shall submit the proposed budget for the upcoming seasons to the membership for a vote prior to the start of each season. A season being Marching Band and Winter-related curricular and extracurricular activities. .
E. The Board of Directors shall collectively appoint a Nominating Committee each year as provided for in Article VII.
F. The Board shall ensure periodic, effective, timely communication with the membership regarding CHHS Band Boosters activities and fund raising events.
ARTICLE VI- OFFICERS
Section 1. Qualifications
Officers must be a voting member of the CHHS Band Boosters. In addition to the duties listed for each office below, officers agree to those other and further duties as may be, from time to time, requested by the President and Vice President. If at any time the student whose enrollment in the Band qualifies an Officer to be a Voting Member of the Band Boosters ceases to be enrolled in the CHHS band program, the officer shall be removed within ten (10) days of the board being notified. The removed officer's position shall be replaced by special vote as noted in Section 5 of this Article.
The Treasurer and Assistant Treasurer shall be bonded at limits equivalent to the Band Booster's annual budget.
Section 2. Duties and Transfer of Records
With exception of the Treasurer, the officers of the CHHS Band Boosters shall transfer all records under their control to their respective successor(s) within fifteen (15) days of the newly elected officer(s) taking office, but no later than May 30th. The Treasurer shall ensure a timely transfer of the CHHS Band Booster's financial records and fair share accounts to the incoming Treasurer within seven (7) days of the newly elected Treasurer assuming the duties of Treasurer (July 1st). The outgoing board will work with the incoming board as needed up until June 30th to ensure continuity in the program.
The duties of each respective officer are:
A. President.
i. Preside and serve as Chairperson of the Board at all regularly scheduled meetings and special meetings;
ii. Approve the agenda for all CHHS Band Boosters and Board meetings.
iii. Serve as a non-voting, ex-officio member of all committees, except the nominating committee.
iiii. Ensure the efficient operation of the CHHS Band Boosters through the committee structure.
v. Except as otherwise provided in these by-laws, and in consideration of the recommendations offered by prior committee chairpersons; appoint the standing committee chairpersons by June 15th each year, if possible, and the chairpersons of any special committees (ad hoc) as noted or as he/she deems necessary from time to time.
B. Vice President
i. Serve as assistant to the President to ensure efficient management of the Board.
ii. In the absence or disability of the President, the Vice-President shall perform the duties of the President and assumes the office of the President for the unexpired term if said office becomes vacant.
iii. Serve on the Budget Committee
iiii. Maintains medical forms and all registration paperwork
v. Works in conjunction with President and Treasurer on delinquent fees
vi. Maintains accurate and up-to-date student and booster roster
vii. Works in conjunction with President and Treasurer on delinquent fees
viii. Maintains medial forms and all registration paperwork
ix. Shall ensure that all band volunteers are registered and approved through Wake County Public School System
x. Coordinate and oversee activities of the Fundraising Committee
C. Secretary
i. Record and properly store attendance, minutes, decisions and actions at all Board and general Boosters meetings.
ii. Distribute minutes of all meetings as well as all necessary band related information. Conducts formal correspondence (thank you notes, sympathy cards, etc.)
xi. Ensure that approved, signed and executed contracts entered by the CHHS Band Boosters are maintained in a secure location.
iii. Ensure that all meeting notices, letters, and thank-you notes are sent out in a timely manner as instructed by the President.
iiii. To inform the public of band and band booster activities.
v. To serve as liaison with the PTSA.
vi. Coordinate communication/publicity efforts with Historian/Webmaster.
D. Treasurer
i. The Treasurer receives, documents and deposits money received on behalf of the CHHS Band Boosters and pays its bills using the CHHS Band Booster's approved guidelines.
ii. Receive all monies collected from any fundraising activities or events together with a receipt and expenditure report from the responsible committee Chairperson or person in charge of the event, and shall timely deposit those funds to the appropriate account.
iii. Document monies received and require similar receipts for monies transferred to others.
iiii. Keep the Board of Directors informed as to the accounting and balances of budgeted items monthly.
v. Submit a financial report and status of all sub-accounts to the Board of Directors and membership at the Band Booster's meetings and as otherwise requested by the President.
vi. Ensures that the CHHS Band Booster's tax returns are prepared and filed in a timely manner by either a member who is either a CPA or a professional accountant or by an outside CPA or professional accountant.
vii. Serve as an ex officio member of the Finance and Budget Committees to assist in committee activities including balancing the books.
viii. Keep files on all deposits, expense vouchers (or receipts), invoices, etc.
E. Assistant Treasurer
The Assistant Treasurer assists the Treasurer with fiscal duties as requested or assigned by the Treasurer and/or President to include:
i. Works with the Treasurer and Committee Chairs to verify receipts and prepares account records.
ii. Delivers monies collected and account information from fund raising events to the Treasurer.
iii. Documents and prepares deposit tickets for monies collected from fund raising events and shall timely deposit those funds to the appropriate account or turn them over to the Treasurer for deposit.
iiii. Serve as an ex officio member of the Budget &Fundraising/Sponsorship Committee
v. Post all student contributions to general fund with accounting software
vi. Work closely with the Treasurer to ensure that the books balance
vii. Work with an Accountant and Treasurer to prepare and file taxes in a timely manner by either a member who is either a CPA or a professional accountant or by an outside CPA or professional accountant
Section 3. Attendance and Voting Requirements
With exception of prior notification to the President or Recording Secretary, Board members, including officers, shall attend Board and Band Boosters meetings. Failure to attend a minimum of seventy-percent (70%) of regularly scheduled meetings or missing more than three (3) consecutive meetings shall be grounds for removal.
A quorum for the transaction of business at any board meeting shall consist of 50% of voting members present at that meeting. If there is an odd number of voting members, a quorum shall be 50% rounded up to the next whole number.
Section 4. Removal and Suspension of Officers and Board Members
The officers and board members of the CHHS Band Boosters shall be subject to the same rules regarding discipline of members and appeals thereof as contained in Article II Sections 3 and 4 herein; provided, however, that the officer subject to the discipline shall not be allowed to vote on his or her discipline; and provided further that the Board of Directors and/or the Committee hearing the appeal of the discipline may, in their discretion, as an additional form of discipline, simply remove the officer from office but allow such officer to remain a Voting Member of the CHHS Band Boosters.
Section 5. Elections of Officers and Terms of Office
A. Timeframe for Election of Officers and Terms
i. Election of Officers shall be held at the April regular membership meeting.
ii. Nominations from the floor shall be accepted from Voting and Associate Members at the March regular membership meeting for those agreeing to serve. The names of all nominees shall then be submitted to the membership, in writing, prior to the April meeting.
iii. Officers shall be elected and serve a term of one year, or until their successors have been elected. Elected officers shall assume their office and duties on April l5th or following the election. The incoming Treasurer assumes their duties beginning with the Fiscal year following the election.
iiii. In no case shall any elective office be held by the same person more than three (3) consecutive years, including that of the President.
v. The method of balloting shall be decided upon by the Board of Directors in accordance with current Robert's Rules of Order.
vi. Except for the Office of President, in the event of an office vacancy a Special Election may be held at any time during the year provided that the membership is notified no less than two weeks in advance as to the vacancy, the list of nominees and the location and time of such election.
ARTICLE VII SECTION, STANDING AND AD HOC COMMITEES
Section 1. Identification and Purpose of Section Committees
Each section committee chair is appointed by the President. The board and nomination committee will make recommendations to the President for the appointment of these committees. The Chairperson of each Section Committee is a voting member of the Board of Directors.
The name and purpose of each section committee is as follows:
A. Color/Winter Guard Committee: Establish ad hoc subcommittees as needed to accomplish the activities of the Color Guard/Winter Guard including but not limited to the following:
i. Chairperson (or designee) serves as Guard Liaison to the Board.
ii. Coordinate guard specific fundraising activities
iii. Ensure Guard members and parents are informed of all meetings and events
iiii. Determine and secure the number of chaperones needed for trips and events.
v. Maintain uniforms, including the care, cleaning and storage of the uniforms for Guard. Coordinate sewing needs for uniforms, cloth/fabric props, and flags.
vi. Identify potential ways to reuse garments from past shows or sell uniforms to offset the cost of future uniform needs. Assist Band Director in acquisition of shoes, gloves, jackets and other ensemble-specific shirts.
vii. Work closely with Transportation Committee on logistical matters for off-campus accommodations.
viii. Assist Transportation Committee to organize food, hotel rooms and transportation for Guard trips
ix. Assist Prop Committee in set construction, creation and/or preparation of props and flooring, and to sell old floors/props as allowed
x. Work with the Band Director, Instructor(s) and the Budget Committee in development of an appropriate budget to be approved by the board and adopted at the winter general meeting.
B. Front Ensemble/Winter Percussion Committee:
i. Chairperson (or designee) serves as the Percussion Liaison to the Board.
ii. Coordinate percussion specific fundraising opportunities as needed to support purchase of new percussion equipment and annual Winter Percussion activities.
iii. Ensure Percussion members and parents are informed of all meetings and events
iiii. Determine and secure the number of chaperones and volunteers needed for Percussion trips and events.
v. Work with the Band Director and the Percussion Instructor on the transport, load and unload of all instruments for the Marching Band Show.
vi. With the assistance of the Props & Transportation Chair, arrange and coordinate truck rental and driving of trucks(s) and trailers to events.
vii. Percussion uniforms: maintain uniforms, including the care, cleaning, repair and storage of the uniforms. Identify potential ways to reuse garments from past shows or sell uniforms to offset the cost of future uniform needs. Assist Band Director in acquisition of shoes, gloves, jackets and other ensemble-specific shirts.
viii. Work closely with Transportation Committee on logistical matters for off-campus accommodations.
ix. Assist Transportation Committee to organize food, hotel rooms and transportation for Winter Percussion trips.
x. Work with the Band Director, Instructor(s) and the Budget Committee in development of an appropriate budget to be approved by the board and adopted at the winter general meeting.
C. Winter Winds Committee:
i. Chairperson (or designee) serves as the Winter Winds Liaison to the Board.
ii. Coordinate Winter Winds specific fundraising opportunities.
iii. Ensure Winter Winds members and parents are informed of all meetings and events
iiii. Determine and secure the number of chaperones needed for Winter Winds trips and events.
v. Work with the Band Director, Percussion Instructor, and Props on the transport, load and unload of all instruments and props for the show.
vi. Coordinate with Props & Transportation Committees to arrange truck rental and driving of trucks(s) and trailers to WW events.
vii. Winter Winds uniforms: maintain uniforms, including the care, cleaning, repair and storage of the uniforms. Identify potential ways to reuse garments/floors from past shows or sell uniforms to offset the cost of future uniform needs. Assist Band Director in acquisition of shoes, gloves, jackets and other ensemble-specific shirts.
viii. Work closely with Transportation Committee on logistical matters for off-campus accommodations.
ix. Assist Transportation Committee to organize food, hotel rooms and transportation for Winter Percussion trips.
x. Work with the Band Director, Instructor(s) and the Budget Committee in development of an appropriate budget to be approved by the board and adopted at the winter general meeting.
D. Section 2. Identification and Purpose of Standing Committees
E.
F. Each standing committee chair is appointed by the President. The board and nomination committee will make recommendations to the President for the appointment of these committees.
G.
H. The name and purpose of each section committee is as follows:
I.
J. Fundraising & Sponsorship Committee:
i. Ensure fund raising activities are made available for both the general fund and student fair share accounts. It is responsible for recommending to the Board of Directors annual fund raising projects and activities that provide opportunities for CHHS Band Boosters voting members, associate members and volunteers to participate in.
ii. Organize spirit nights, car washes, restaurant and other fund raisers with local businesses, where a percentage of proceeds goes to the band boosters.
iii. Develop limited sales programs and raffles to raise funds for the general Boosters account and individual student accounts for those students who participate in the sales or raffle events.
iiii. shall be responsible for recruiting sponsors to support the CHHS Band Program.
v. generate and maintain a set of fundraising collateral that describes the Patron and Corporate donor campaigns with such levels of recognition as may be appropriate to levels of giving.
vi. to establish a committee whose purpose is to canvass and advertise donor opportunities in an organized way for the benefit of band boosters.
vii. to synchronize defined giving campaigns to the patron and corporate communities with established events calendar and activities, approved by the Board.
viii. Coordinate efforts with Secretary and Webmaster to publicize sponsors at events.
K. Historian/Webmaster
i. The Historian shall maintain a record of all activities and public recognition of the band program's accomplishments through the collection and retention of photographs, newspaper articles, etc.
ii. As deemed by the President, historical records shall be maintained in such a manner that they may be easily retrieved.
iii. Create a scrapbook, electronic or otherwise, documenting the achievements and performances of the various CHHS Band units.
iiii. To work with other committees to create and maintain band database(s) to track information as needed.
v. To create and maintain the CHHS Band website.
vi. To make the website available and ready for significant events such as Registration for all programs.
vii. To put important information on the website including a working band calendar of events, notices that the board and Band Director require.
L. Props Committee:
i. Work with the Band Director in all phases of prop design and construction for the props of all band units.
ii. Prepares/obtains design drawings for director's approval and then obtain materials needed to construct props and constructs them upon budgetary approval from the Board.
iii. Secure parental help for the repair and transportation of the props needed on the field for shows and (if needed) during parades.
iiii. Work closely with Transportation Committee to coordinate efforts for the safe transport and storage of all props.
M. Transportation Committee:
i. Coordinate transportation of equipment, props, musical instruments on and off the field at events and competitions
ii. Coordinate transportation and storage of equipment, props, & instruments to and from events off-campus.
iii. Shall arrange safe transportation for the CHHS Marching Band and Band Ensembles and its equipment.
iiii. Work with Band Director, Guard Liaison, Percussion Liaison, and Winter Winds Liaison to secure lodging, food and other requirements for off-campus trips of all CHHS Band Ensembles.
Section 2. Duties Common to All Section and Standing Committees
Each committee chair shall attend Board meetings during the months preceding and following any event where their committee is involved. Each committee chair shall work with the President, or Vice President to ensure that financial controls, budgeting and funding is available for their respective committee requirements. The President and VP shall keep the Treasurer informed as to expenditure needs for their events. Committee chairs are responsible for ensuring that information about their events are forthcoming in a timely manner to the appropriate committee for timely dissemination.
Each standing committee is responsible for maintaining and updating an operations manual containing its committee responsibilities and operational processes. Each year the manual shall be passed on to the incoming chairperson.
Committees involved in fundraising activities shall maintain and provide pre- and post-event financial details of the event. Upon request of the budget committee, each committee chair shall provide information to the budget committee as it relates to the committee's budgetary needs for the upcoming Fiscal year.
Students of Committee Chairs must be up to date on contribution amounts. If not brought up to date within a reasonable time whether by pending fundraising efforts or donations they may be removed from their position. Such a time will be designated by the Board of Directors.
Section 3. Ad Hoc Committees
In addition to those appointed from time to time the Ad Hoc Committees of the CHHS Band
Boosters are:
A. Nominating-Committee
In February of each year the Board of Directors shall appoint a Nominating Committee. It shall be responsible for nominating at least one nominee per office to the membership. The committee shall have 3, 5, or 7 members as determined by the Board of Directors. Its members shall be comprised of representative CHHS Band Boosters Voting members as follows:
i. Preferably one Voting Member each whose "qualifying student" enrolled in the Band is currently in the 9th, 10th , and 11th and,
ii. A parent representative of each grade level, when available, in the current band program when possible.
iii. Prior to the April membership meeting, the nominating committee shall notify the President that a slate of officers is ready to be presented to the membership at the April meeting. The committee shall then present its list of nominees to the members in attendance at the March membership meeting.
Nominations from the floor shall be accepted from Voting and Associate Members at the March regular membership meeting for those agreeing to serve. The names of all nominees shall then be submitted to the membership, in writing, prior to the April meeting.
This committee shall be disbanded after the election is held and reconvened only to secure nominations for an empty CHHS Band Boosters office or a vacated board member position during the school year.
B. By-Laws Committee
Members of the by-laws committee are appointed by the President with input from the nominating committee. The Parliamentarian is an ad hoc member.
C. Marching Band Uniform Committee
Members of the uniform committee will work with the members of the Colorguard, Percussion and Winds committees to help ensure the uniform prep, sewing, washing and proper storage of the marching band uniforms up through and including the parade season.
D Budget Committee
No later than January of each year the Board shall appoint a budget committee. Prior to their meeting, the Chairperson shall request that the Band Director provide a proposed travel, band camp and competition itinerary and projected budgetary needs for all participating band units to the chair for the upcoming school year.
The committee shall have, when possible Voting Member representatives from each grade level and the Treasurer and Assistant Treasurer shall serve as ex officio members and the Vice-President is an ad hoc member. The committee shall use information provided by the directors, the treasurer's, and past experience to prepare a budget for the upcoming fiscal year and shall submit it to the Board of Directors no later than their regular meeting held in April.
E. Hospitality-Organizes a budget and ensures staffing for events where a social or hospitality function is providedincluding but not limited to the Pirate Invitational and annual Band Banquet.
E. Committee Meetings
i. Regular Meetings. Each committee chairperson may set a time and place for regular committee meetings each fiscal year. As soon as is practicable after such time and place for regular meetings has been set, the lime and place of such regular meetings shall be communicated in writing to all committee members once.
No further notice of the regular meeting shall be required unless the place for such meeting is changed, in which case the committee members shall be notified, in writing, of the new location.
ii. Special Meetings. Special meetings of each committee may be called at any time, upon at least three (3) days prior notice of the time and place for the special meeting to each committee member, by the chairperson of the committee, or by 'thirty (30%) percent of the committee members.
iii. Minutes. The chairperson of each committee shall appoint a committee member to record minutes of each committee meeting where any motions are made and accepted or defeated or business is conducted. A copy of such minutes shall be provided to the president. The minutes shall also be made available to the next chairperson of the committee.
ARTICLE VIII- FINANCIAL ACCOUNTS, CONTROLS
AND FISCAL YEAR
Section 1. Fiscal Year CHHS Band Booster's Account
The fiscal year of the Band Boosters shall be July 1 to June 30 inclusive. All budgeting and
financial accounting shall be executed on this basis.
Section 2. Fiscal Year CHHS Band Booster's Account
The CHHS Band Boosters may create and maintain in a local bank such accounts as the Board of Directors, with input from the Treasurer, determine as necessary for the efficient operation of the CHHS Band Boosters. Establishment and the location of such accounts shall be communicated to the Board of Directors and membership. The Treasurer, President and/or Vice President shall be signatories on all such accounts. The accounts shall be identified as the Corinth Holders High School Band Booster accounts. At minimum, a checking account and interest bearing savings account in the name of the organization shall be maintained.
Section 3. Special Trip Account
A trip account to cover travel-related expenses may be opened in an interest-bearing account as deemed necessary by the Treasurer and approved by the Board of Director members.
Section 4 Prepaid Student's Contribution Account
Students exceeding their contribution amount in one band year may carry over excess to the next band year.
Section 5 Financial Accounting Controls
The CHHS Band Boosters shall authorize deposits and disbursements through its Treasurer and others in accordance with this article. Checks require two signatures, one being the Treasurer and the other being the President or in their absence the Vice President.
A. CHHS Band Booster Account Receipts to this fund shall be collections from fundraising projects, fair Share contributions, donations and other miscellaneous revenues promoted by the CHHS Band Boosters and charges imposed by the Band Boosters.
B. Special Trip Account Deposits to this account may come from any special donations specifically earmarked for trips, any grants for trips, or a transfer of funds from another CHHS Band Boosters account as authorized by the Board of Directors (so long as such authorization is not inconsistent with the CHHSBand Boosters Budget) or the member approved budget. Disbursements from this account shall be directly
related to band trips.
C. All monies received from CHHS Band Boosters members, the community and sponsors shall be accounted for and deposited into the general fund by the Treasurer on a periodic basis.
D. On a monthly basis the Treasurer shall provide to the membership and board a detailed report of all receipts brought forth from all sources and all disbursements made.
E. Treasurer will ensure proper documentation and accounting for all student contribution amounts toward the general fund.
F. Expenditures shall be made for items only as directed by the CHHS Band Boosters Board. The President or Vice President shall have the authority to approve any expenditure of up to a total of $150.00 without board approval other than those provided for in the budget.
G. President and Vice President shall monitor and manage the budget. These responsibilities should include the ability to move available funds between line items of the budget; however, the total amount of the budget cannot be changed without a vote from the board. The President or Vice President can reduce or eliminate line items if revenues fall short of the budget.
Section 7. Review of Accounts and Tax Preparation
The CHHS Band Boosters’ Treasurer and President shall ensure that an examination of the organizations' financial records is conducted annually by a member who is either a CPA or a professional accountant, or by an outside CPA or a professional accountant. The selection process must be approved by the board. If an outside party is used, the budget must include an estimated cost of the service at the time the budget is presented to a vote of the membership. Copies of the report shall be provided to the Principal and School
Superintendent no later than October 1st for the preceding fiscal year.
All Federal and State tax preparations and filings on behalf of the CHHS Band Boosters shall be completed for each tax year prior to their respective deadlines. These preparations and filings may be prepared by a member who is either a CPA or a professional accountant, or by an outside CPA or a professional accountant. The selection process must be approved by the board.
Section 8. Contract Authority
All contracts entered into on behalf of the CHHS Band Boosters shall be voted on by the Board and the membership. Approval requires a majority vote of the Board and a majority vote of the voting members in attendance at a properly called member meeting with timely notice given thereof.
All contracts require the signature of the President, or in absence of the president the vice president. Contracted services and items included in the CHHS Band Boosters approved budget do not require a second vote unless the contract exceeds the approved budget amount for the service by 10% or greater.
ARTICLE IX - STUDENT CONTRIBUTION PROGRAM.
Section 1. Contribution Program
A Contribution Program is established for the CHHS Band Boosters to provide a cooperative means for the achievement of the operating budget for each year. The Officers of the Band Boosters shall maintain the Contribution Program as provided in these bylaws and such resolutions as the Board of Directors or membership shall from time to time impose.
A. The Executive Board shall establish the student's contribution amount toward the band program's approved yearly expenses.
B. There shall be fund-raising opportunities provided to help any Booster member meet his/her student's contribution goal.
C. Donations can be made in lieu of fundraising towards student's contribution amount.
D. Families with more than one band student enrolled orcurrently in the program as of May 1. 2013 will only be responsible for 'A the contribution amount for the second or more students but will be responsible for the entire travel amount and band camp for each student in the program.
E. Students failing to raise their contribution amount or opting not to raise funds must make arrangements with the treasurer to donate the specified amount (details will be in Orientation Packet).
F. Students exceeding their contribution amount in one band year who will be part of the band program the following year may carry over the excess contribution amount to the next band season. In order to participate in any Winter Ensembles, student must not have any unpaid or outstanding contribution amounts from the previous band and/or winter season(s).
ARTICLE X - TRAVEL EXPENSES
Section 1. Travel Expenses
To cover travel-related expenses such as transportation and lodging costs to/from competitions and events, payment of travel expenses not covered by Contribution Amount or the CHHS Band Booster's general budget is expected from the members of the participating student.
ARTICLE XI- INTERACTIVE PARENT PROGRAM
To create and maintain a strong, vibrant and continuous core of parents that support and promote involvement in the CHHS Band Boosters, an Interactive Parent program shall be developed and initiated whereby experienced members of the CHHS Band Boosters become personally involved with integrating new member parents/legal guardians and their student into the band family.
ARTICLE XII-.AMENDMENTS
These By-Laws may be amended only by a two-thirds (2/3) majority of the votes cast by Voting Members at a regular or special membership meeting. Proposed amendments or revisions shall be provided prior to, or read at, a regular membership meeting and presented in writing to the membership no less than two-weeks prior to voting on the amendment or revisions.
XIV-CONFLICT OF INTEREST POLICY
Section 1. Purpose. The purpose of the conflict of interest policy is to protect the CHHS Band Booster's interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the CHHS Band Boosters or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.
Section 2. Definitions.
A. Interested Person. Any director, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect .financial interest, as defined below, is an interested person.
B. Financial Interest. A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
i. An ownership or investment interest in any entity with which the Band Boosters has a transaction or arrangement,
ii. A compensation arrangement with the CHHS Band Boosters or with any entity or individual which the CHHSBand Boosters has a transaction or arrangement, or
iii. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the CHHS Band Boosters is negotiating a transaction or arrangement.
Compensation includes direct and indirect remuneration, as well as insubstantial gifts or favors.
A financial interest is not necessarily a conflict of interest. Under Section 3, Subsection B of this Article, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.
Section 3. Procedures
A. Duty to Disclose. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement.
B. Determining Whether a Conflict of Interest Exists. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.
C. Procedures for Addressing the Conflict of Interest.
i. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
ii. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
iii. After exercising due diligence, the governing board or committee shall determine whether the CHHS Band Boosters can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
iiii. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the CHHS Band Booster's best interest, for its own benefit, and whether it is fair and reasonable.
In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.
D. Violations of the Conflicts of Interest Policy.
i. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
ii. If, after hearing the member's response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.
Section 4. Records of Proceedings. The minutes of the governing board and all committees with board delegated powers shall contain:
A. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board's or committee's decision as to whether a conflict of interest in fact existed.
B. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.
Section 5. Compensation.
A. A voting member of the governing board who receives compensation, directly or indirectly, from the CHHS Band Boosters for services is precluded from voting on matters pertaining to that member's compensation.
B. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the CHHS Band Boosters for services is precluded from voting on matters pertaining to that member's compensation.
C. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the CHHS Band Boosters, either individually or collectively, is prohibited from providing information to any committee regarding compensation.
Section 6. Annual Statements. Each director, principal officer and member of a committee
with governing board-delegated powers shall annually sign a statement which affirms such
person:
A. Has received a copy of the conflicts of interest policy,
B. Has read and understands the policy,
C. Has agreed to comply with the policy, and
D. Understands the CHHS Band Boosters is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.
Section 7. Periodic Reviews. To ensure the CHHS Band Boosters operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:
A. Whether compensation arrangements and benefits are reasonable, based on competent survey information and the result of "arm's length" bargaining.
B. Whether partnerships, joint ventures, and arrangements with management organizations conform to the Band Booster's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction.
Section 8. Use of Outside Experts. When conducting the periodic reviews as provided for in Section 7, the CHHS Band Boosters may, but need not, use outside advisors. if outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring that periodic reviews are conducted.
Approved Month, Day, Year
Section 1. Name
The Corinth Holders High School Band Boosters, Inc., hereinafter referred to as the "CHHS Band Boosters", is a non-profit organization formed and operating under the laws of the State of North Carolina.
Section 2. Purpose
The purposes of the CHHS Band Boosters shall be to assist, sponsor and support, financially and otherwise, the band program at Corinth Holders High School in Johnston County, North Carolina (hereinafter called the "CHHS Band") in its various competitions, concerts, and other events and to assist with the purchase of items and services that are not otherwise available through the appropriated school budget.
Section 3. Basic Policies
i. The CHHS Band Boosters is organized exclusively for charitable and educational purposes within the meaning of Section 501(c)(3) of the Internal revenue Code or corresponding section of any further tax code.
ii. These purposes of the CHHS Band Boosters shall be carried out in a manner consistent with all applicable laws, these by-laws, the Articles of Incorporation of the Boosters, and any policies, rules, handbooks, ordinances, etc. that may from time to time be promulgated by the Johnston County Board of Education or the Johnston County Board of Commissioners that are applicable to booster organizations of Johnston County Schools.
iii. No part of the net earnings of the CHHS Band Boosters shall inure to the benefit of or be distributable to its members, directors, officers, or other private persons except that the CHHS Band Boosters shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of purposes set forth in the CHHS Band Booster's Articles of Incorporation and these bylaws.
iiii. CHHS Band Boosters shall be non-commercial, non-sectarian, and non-partisan.
v. Notwithstanding any other provisions of the Articles of Incorporation of the CHHS Band Boosters or these bylaws, the CHHS Band Boosters shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 50I(c)(3) of the United States Internal Revenue Code or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of said Code.
vi. Where they are applicable and not inconsistent with these By-Laws or special rules of order the CHHS Band Boosters may legally adopt, the rules contained in the current edition of Robert’s Rules of Order Newly revised shall govern the CHHS Band Boosters in all cases, including the Board meetings.
Section 4. Distributions Upon Dissolution.
Upon dissolution of the CHHS Band Boosters, the Board of Directors shall, after paying or making provisions for the payment of all liabilities of the CHHS Band Boosters, dispose of all of the assets of the CHHS Band Boosters exclusively used for the purposes of the CHHS Band Boosters in such manner to Corinth Holders High School or the Johnston County School Board. Should those entities not accept such assets then disposal of said assets shall go to such organization or organizations organized and operated exclusively for religious, charitable, educational, scientific or literary purposes as shall at the time qualify as an exempt organization's, or organizations under Section 501(c)(3) of the United States Internal Revenue Code as the Board of Directors shall determine, or to Federal, state, or local governments to be used exclusively for public purposes. Any such assets not so disposed of shall be disposed of by the Superior Court of the county in which the principal office of the CHHS Band Boosters is then located, exclusively for such purposes or to such organizations, such as the court shall determine, which are organized and operated exclusively for such purposes, or to such governments for such purposes.
ARTICLE II- MEMBERSHIP
Section 1. Membership
Membership in the CHHS Band Boosters is open to interested individuals as described herein.
Section 2. Types of Membership
There shall be two types of members in the CHHS Band Boosters: Voting Members and Non-Voting Members. All members should have a Johnston County volunteer form on file before working with students.
A. Voting Members
A Voting Member is the parent, legal guardian or legal custodian of a student participating in any of the various instrumental, ensemble or guard units of the Corinth Holders High School Band Program, which parent, legal guardian or legal custodian has accepted membership in the CHHS Band Boosters in writing. These are referred to as Voting Members.
Such Voting member shall continue to be a Voting Member of the Band Boosters until such time as the earliest of one of the following occurs:
i. such Voting Member resigns in accordance with these by-laws;
ii. the student whose enrollment in the Band qualified such Voting Member for membership in the CHHS Band Boosters resigns, graduates or otherwise ceases to be enrolled in the Band; or
iii. the Voting member is otherwise removed from membership in accordance with these by-laws.
Except as otherwise specified herein, Voting Members shall have full voting rights on all issues that properly come before the membership of the CHHS Band Boosters for a vote.
Votes by email or webform are prohibited.
For purposes of this Article, enrollment means that a student has completed and submitted the necessary course registration documents to be in the band program.
Eligibility to be a Voting member for parents, legal guardians, or the legal custodians of an enrolling eighth (8th) grade student begins at the beginning of the Fiscal year (July 1ST) that first follows the 8th grade student enrollment, but only if the conditions noted in section A above are met.
B. Non-Voting Members
The following persons are eligible to become Non-Voting Members of the CHHS Band Boosters, upon providing their written consent to such membership to the Band Boosters.
i. Grandparents/relative of any student currently enrolled in the Band program;
ii. Parents, grandparents, legal guardians, or legal custodians of any alumni of Corinth
Holders High School (CHHS) who had been enrolled in the Band while attending
CHHS;
iii. Parents, grandparents, legal guardians, or legal custodians of any current eighth
(8th) grade student that has initiated contact regarding participation in the CHHS
Band program,
iiii. Any alumnus of CHHS that was previously enrolled in the Band while a student at
CHHS;
v. The administrative and professional staff at CHHS; and
vi. The band directors of the bands at the CHHS feeder middle schools.
vii. Any other individual interested in promoting the welfare of the band and obtains the recommendation of a current Voting Member, Band Director or CHHS principal.
Non-Voting Members are not eligible to serve on the Board of Directors or as an Officer. The membership of a Non-VotingMember shall continue until such Member resigns their membership, or their qualifying conditions for membership changes, or membership is otherwise removed in accordancewith these by-laws, whichever first occurs.
Section 3. Removal and Suspension of Members
Following formal disciplinary proceedings conducted by the Board of Directors, a voting member, associate member or volunteer member, after being given a right to be heard by the Board of Directors, may be removed from the membership, or suspended from attending meetings, by a two-thirds (2/3) vote of the Board of Directors (with voting authority) for reasons of misconduct or inappropriate actions.
In lieu of suspension, voting members can have their voting privileges suspended for a set period of time as determined by the Board.
Inappropriate actions include but are not limited to:
i. Repeated belligerent and rude behavior around any students of CHHS while working at band program events or otherwise;
ii. Repeated interruptions at any CHHS Band Boosters meeting;
iii. Misuse or illegal use of alcohol or the illegal use of any controlled substances while chaperoning students, or while working at or during a band event or function.
iiii. Failure to return funds raised or remaining products as agreed.
For the purposes of this Section, two or more occurrences shall be deemed to be "repeated" occurrences.
The Board of Directors shall only consider first-hand information when ascertaining if allegations brought forward warrant the removal or suspension of a member.
Should the Board of Directors vote to take any disciplinary action against a member, the Board shall notify the affected member in writing as to their actions and the member's right to appeal their decision.
Section 4. Appeal process
Upon written notification of disciplinary action by the Board, the aggrieved member may notify the President in writing of their desire to appeal the decision of the Board. Pending the determination of the appeal, the aggrieved party shall be reinstated to their status held prior to the disciplinary action. Within five (5) days of receipt of the request, the Board shall appoint a three-member panel to review the action taken. The panel shall only review and consider the first-hand information used to initiate the disciplinary action and will use it to determine if the original allegations brought forth support the removal or suspension of the aggrieved party. Within ten (10) days of appointment the panel shall provide their decision to the President regarding reinstatement. Their decision shall be binding. The President shall communicate the decision of the panel to the affected member in writing.
ARTICLE III MEMBERSHIP MEETINGS
Section 1. Place of Meetings
All member meetings shall be held at a location as close as possible to CHHS. Every effort shall be made to obtain a location for membership meetings at no cost to the CHHS Band Boosters.
Section 2. Regular Meetings
The members of the CHHS Band Boosters shall meet once a month from July through the following June. Members shall be given a minimum of 14-day notice of any regular Booster meeting. The president may occasionally change the meeting date due to holidays or other band events with a minimum of one week notice to the membership.
Section 3. Special Meetings
Special meetings of the membership may be called at any time by the President, or thirty percent (30%) of the Voting Members, upon a minimum of three day notice to all members entitled to attend such special meeting.
ARTICLE IV - QUORUM
Upon the giving of proper notice for a regular or special membership, board, or committee meeting to all members entitled to attend such meeting, the voting members in attendance and entitled to vote at such meeting shall constitute a quorum and only voting members shall have voting privileges.
ARTICLE V- BOARD OF DIRECTORS
Section 1. Structure of the Board of Directors
A. Membership:
The Board of Directors (“The Board”) shall be elected from among Voting Members of the Band Boosters and it is comprised of the following positions:
i. The Vice President, Secretary, Treasurer, Assistant Treasurer. Each of which are voting members of the Board of Directors;
ii. The Chairperson of each Section Committee, which are appointed by the President, shall be appointed and serve on the Board. Each of these Chairprson or designee shall have one vote on the Board; and,
iii. The President will vote in a tie situation.
iiii. The Chairman of the standing and ad hoc committees, Band Director and School Principal(s) serve as non-voting, ex officio members.
Section 2. Duties and Meetings
A. It shall be the duty of the Board of Directors to ensure that the purpose and mission of the CHHS Band Boosters is carried out in an effective, planned manner, consistent with North Carolina law, these by-laws and conducive with the fiduciary trust placed in them by the membership.
B. Regular Meetings. The Board of Directors shall meet prior to all regularly scheduled CHHS Band Boosters meetings at a time and place established by the President.
C. Special Meetings. The Board of Directors may also meet from time to time as called by the President or by at least thirty percent (50%) of the Board of Directors requesting one with no less than three (3) days prior notice given thereof to all persons entitled to attend such meeting.
D. On a semi-annual basis, the Board shall appoint a budget committee as established in Article VII. c 3. Upon receipt and review of the proposed budget(s) from the budget committee, the Board shall submit the proposed budget for the upcoming seasons to the membership for a vote prior to the start of each season. A season being Marching Band and Winter-related curricular and extracurricular activities. .
E. The Board of Directors shall collectively appoint a Nominating Committee each year as provided for in Article VII.
F. The Board shall ensure periodic, effective, timely communication with the membership regarding CHHS Band Boosters activities and fund raising events.
ARTICLE VI- OFFICERS
Section 1. Qualifications
Officers must be a voting member of the CHHS Band Boosters. In addition to the duties listed for each office below, officers agree to those other and further duties as may be, from time to time, requested by the President and Vice President. If at any time the student whose enrollment in the Band qualifies an Officer to be a Voting Member of the Band Boosters ceases to be enrolled in the CHHS band program, the officer shall be removed within ten (10) days of the board being notified. The removed officer's position shall be replaced by special vote as noted in Section 5 of this Article.
The Treasurer and Assistant Treasurer shall be bonded at limits equivalent to the Band Booster's annual budget.
Section 2. Duties and Transfer of Records
With exception of the Treasurer, the officers of the CHHS Band Boosters shall transfer all records under their control to their respective successor(s) within fifteen (15) days of the newly elected officer(s) taking office, but no later than May 30th. The Treasurer shall ensure a timely transfer of the CHHS Band Booster's financial records and fair share accounts to the incoming Treasurer within seven (7) days of the newly elected Treasurer assuming the duties of Treasurer (July 1st). The outgoing board will work with the incoming board as needed up until June 30th to ensure continuity in the program.
The duties of each respective officer are:
A. President.
i. Preside and serve as Chairperson of the Board at all regularly scheduled meetings and special meetings;
ii. Approve the agenda for all CHHS Band Boosters and Board meetings.
iii. Serve as a non-voting, ex-officio member of all committees, except the nominating committee.
iiii. Ensure the efficient operation of the CHHS Band Boosters through the committee structure.
v. Except as otherwise provided in these by-laws, and in consideration of the recommendations offered by prior committee chairpersons; appoint the standing committee chairpersons by June 15th each year, if possible, and the chairpersons of any special committees (ad hoc) as noted or as he/she deems necessary from time to time.
B. Vice President
i. Serve as assistant to the President to ensure efficient management of the Board.
ii. In the absence or disability of the President, the Vice-President shall perform the duties of the President and assumes the office of the President for the unexpired term if said office becomes vacant.
iii. Serve on the Budget Committee
iiii. Maintains medical forms and all registration paperwork
v. Works in conjunction with President and Treasurer on delinquent fees
vi. Maintains accurate and up-to-date student and booster roster
vii. Works in conjunction with President and Treasurer on delinquent fees
viii. Maintains medial forms and all registration paperwork
ix. Shall ensure that all band volunteers are registered and approved through Wake County Public School System
x. Coordinate and oversee activities of the Fundraising Committee
C. Secretary
i. Record and properly store attendance, minutes, decisions and actions at all Board and general Boosters meetings.
ii. Distribute minutes of all meetings as well as all necessary band related information. Conducts formal correspondence (thank you notes, sympathy cards, etc.)
xi. Ensure that approved, signed and executed contracts entered by the CHHS Band Boosters are maintained in a secure location.
iii. Ensure that all meeting notices, letters, and thank-you notes are sent out in a timely manner as instructed by the President.
iiii. To inform the public of band and band booster activities.
v. To serve as liaison with the PTSA.
vi. Coordinate communication/publicity efforts with Historian/Webmaster.
D. Treasurer
i. The Treasurer receives, documents and deposits money received on behalf of the CHHS Band Boosters and pays its bills using the CHHS Band Booster's approved guidelines.
ii. Receive all monies collected from any fundraising activities or events together with a receipt and expenditure report from the responsible committee Chairperson or person in charge of the event, and shall timely deposit those funds to the appropriate account.
iii. Document monies received and require similar receipts for monies transferred to others.
iiii. Keep the Board of Directors informed as to the accounting and balances of budgeted items monthly.
v. Submit a financial report and status of all sub-accounts to the Board of Directors and membership at the Band Booster's meetings and as otherwise requested by the President.
vi. Ensures that the CHHS Band Booster's tax returns are prepared and filed in a timely manner by either a member who is either a CPA or a professional accountant or by an outside CPA or professional accountant.
vii. Serve as an ex officio member of the Finance and Budget Committees to assist in committee activities including balancing the books.
viii. Keep files on all deposits, expense vouchers (or receipts), invoices, etc.
E. Assistant Treasurer
The Assistant Treasurer assists the Treasurer with fiscal duties as requested or assigned by the Treasurer and/or President to include:
i. Works with the Treasurer and Committee Chairs to verify receipts and prepares account records.
ii. Delivers monies collected and account information from fund raising events to the Treasurer.
iii. Documents and prepares deposit tickets for monies collected from fund raising events and shall timely deposit those funds to the appropriate account or turn them over to the Treasurer for deposit.
iiii. Serve as an ex officio member of the Budget &Fundraising/Sponsorship Committee
v. Post all student contributions to general fund with accounting software
vi. Work closely with the Treasurer to ensure that the books balance
vii. Work with an Accountant and Treasurer to prepare and file taxes in a timely manner by either a member who is either a CPA or a professional accountant or by an outside CPA or professional accountant
Section 3. Attendance and Voting Requirements
With exception of prior notification to the President or Recording Secretary, Board members, including officers, shall attend Board and Band Boosters meetings. Failure to attend a minimum of seventy-percent (70%) of regularly scheduled meetings or missing more than three (3) consecutive meetings shall be grounds for removal.
A quorum for the transaction of business at any board meeting shall consist of 50% of voting members present at that meeting. If there is an odd number of voting members, a quorum shall be 50% rounded up to the next whole number.
Section 4. Removal and Suspension of Officers and Board Members
The officers and board members of the CHHS Band Boosters shall be subject to the same rules regarding discipline of members and appeals thereof as contained in Article II Sections 3 and 4 herein; provided, however, that the officer subject to the discipline shall not be allowed to vote on his or her discipline; and provided further that the Board of Directors and/or the Committee hearing the appeal of the discipline may, in their discretion, as an additional form of discipline, simply remove the officer from office but allow such officer to remain a Voting Member of the CHHS Band Boosters.
Section 5. Elections of Officers and Terms of Office
A. Timeframe for Election of Officers and Terms
i. Election of Officers shall be held at the April regular membership meeting.
ii. Nominations from the floor shall be accepted from Voting and Associate Members at the March regular membership meeting for those agreeing to serve. The names of all nominees shall then be submitted to the membership, in writing, prior to the April meeting.
iii. Officers shall be elected and serve a term of one year, or until their successors have been elected. Elected officers shall assume their office and duties on April l5th or following the election. The incoming Treasurer assumes their duties beginning with the Fiscal year following the election.
iiii. In no case shall any elective office be held by the same person more than three (3) consecutive years, including that of the President.
v. The method of balloting shall be decided upon by the Board of Directors in accordance with current Robert's Rules of Order.
vi. Except for the Office of President, in the event of an office vacancy a Special Election may be held at any time during the year provided that the membership is notified no less than two weeks in advance as to the vacancy, the list of nominees and the location and time of such election.
ARTICLE VII SECTION, STANDING AND AD HOC COMMITEES
Section 1. Identification and Purpose of Section Committees
Each section committee chair is appointed by the President. The board and nomination committee will make recommendations to the President for the appointment of these committees. The Chairperson of each Section Committee is a voting member of the Board of Directors.
The name and purpose of each section committee is as follows:
A. Color/Winter Guard Committee: Establish ad hoc subcommittees as needed to accomplish the activities of the Color Guard/Winter Guard including but not limited to the following:
i. Chairperson (or designee) serves as Guard Liaison to the Board.
ii. Coordinate guard specific fundraising activities
iii. Ensure Guard members and parents are informed of all meetings and events
iiii. Determine and secure the number of chaperones needed for trips and events.
v. Maintain uniforms, including the care, cleaning and storage of the uniforms for Guard. Coordinate sewing needs for uniforms, cloth/fabric props, and flags.
vi. Identify potential ways to reuse garments from past shows or sell uniforms to offset the cost of future uniform needs. Assist Band Director in acquisition of shoes, gloves, jackets and other ensemble-specific shirts.
vii. Work closely with Transportation Committee on logistical matters for off-campus accommodations.
viii. Assist Transportation Committee to organize food, hotel rooms and transportation for Guard trips
ix. Assist Prop Committee in set construction, creation and/or preparation of props and flooring, and to sell old floors/props as allowed
x. Work with the Band Director, Instructor(s) and the Budget Committee in development of an appropriate budget to be approved by the board and adopted at the winter general meeting.
B. Front Ensemble/Winter Percussion Committee:
i. Chairperson (or designee) serves as the Percussion Liaison to the Board.
ii. Coordinate percussion specific fundraising opportunities as needed to support purchase of new percussion equipment and annual Winter Percussion activities.
iii. Ensure Percussion members and parents are informed of all meetings and events
iiii. Determine and secure the number of chaperones and volunteers needed for Percussion trips and events.
v. Work with the Band Director and the Percussion Instructor on the transport, load and unload of all instruments for the Marching Band Show.
vi. With the assistance of the Props & Transportation Chair, arrange and coordinate truck rental and driving of trucks(s) and trailers to events.
vii. Percussion uniforms: maintain uniforms, including the care, cleaning, repair and storage of the uniforms. Identify potential ways to reuse garments from past shows or sell uniforms to offset the cost of future uniform needs. Assist Band Director in acquisition of shoes, gloves, jackets and other ensemble-specific shirts.
viii. Work closely with Transportation Committee on logistical matters for off-campus accommodations.
ix. Assist Transportation Committee to organize food, hotel rooms and transportation for Winter Percussion trips.
x. Work with the Band Director, Instructor(s) and the Budget Committee in development of an appropriate budget to be approved by the board and adopted at the winter general meeting.
C. Winter Winds Committee:
i. Chairperson (or designee) serves as the Winter Winds Liaison to the Board.
ii. Coordinate Winter Winds specific fundraising opportunities.
iii. Ensure Winter Winds members and parents are informed of all meetings and events
iiii. Determine and secure the number of chaperones needed for Winter Winds trips and events.
v. Work with the Band Director, Percussion Instructor, and Props on the transport, load and unload of all instruments and props for the show.
vi. Coordinate with Props & Transportation Committees to arrange truck rental and driving of trucks(s) and trailers to WW events.
vii. Winter Winds uniforms: maintain uniforms, including the care, cleaning, repair and storage of the uniforms. Identify potential ways to reuse garments/floors from past shows or sell uniforms to offset the cost of future uniform needs. Assist Band Director in acquisition of shoes, gloves, jackets and other ensemble-specific shirts.
viii. Work closely with Transportation Committee on logistical matters for off-campus accommodations.
ix. Assist Transportation Committee to organize food, hotel rooms and transportation for Winter Percussion trips.
x. Work with the Band Director, Instructor(s) and the Budget Committee in development of an appropriate budget to be approved by the board and adopted at the winter general meeting.
D. Section 2. Identification and Purpose of Standing Committees
E.
F. Each standing committee chair is appointed by the President. The board and nomination committee will make recommendations to the President for the appointment of these committees.
G.
H. The name and purpose of each section committee is as follows:
I.
J. Fundraising & Sponsorship Committee:
i. Ensure fund raising activities are made available for both the general fund and student fair share accounts. It is responsible for recommending to the Board of Directors annual fund raising projects and activities that provide opportunities for CHHS Band Boosters voting members, associate members and volunteers to participate in.
ii. Organize spirit nights, car washes, restaurant and other fund raisers with local businesses, where a percentage of proceeds goes to the band boosters.
iii. Develop limited sales programs and raffles to raise funds for the general Boosters account and individual student accounts for those students who participate in the sales or raffle events.
iiii. shall be responsible for recruiting sponsors to support the CHHS Band Program.
v. generate and maintain a set of fundraising collateral that describes the Patron and Corporate donor campaigns with such levels of recognition as may be appropriate to levels of giving.
vi. to establish a committee whose purpose is to canvass and advertise donor opportunities in an organized way for the benefit of band boosters.
vii. to synchronize defined giving campaigns to the patron and corporate communities with established events calendar and activities, approved by the Board.
viii. Coordinate efforts with Secretary and Webmaster to publicize sponsors at events.
K. Historian/Webmaster
i. The Historian shall maintain a record of all activities and public recognition of the band program's accomplishments through the collection and retention of photographs, newspaper articles, etc.
ii. As deemed by the President, historical records shall be maintained in such a manner that they may be easily retrieved.
iii. Create a scrapbook, electronic or otherwise, documenting the achievements and performances of the various CHHS Band units.
iiii. To work with other committees to create and maintain band database(s) to track information as needed.
v. To create and maintain the CHHS Band website.
vi. To make the website available and ready for significant events such as Registration for all programs.
vii. To put important information on the website including a working band calendar of events, notices that the board and Band Director require.
L. Props Committee:
i. Work with the Band Director in all phases of prop design and construction for the props of all band units.
ii. Prepares/obtains design drawings for director's approval and then obtain materials needed to construct props and constructs them upon budgetary approval from the Board.
iii. Secure parental help for the repair and transportation of the props needed on the field for shows and (if needed) during parades.
iiii. Work closely with Transportation Committee to coordinate efforts for the safe transport and storage of all props.
M. Transportation Committee:
i. Coordinate transportation of equipment, props, musical instruments on and off the field at events and competitions
ii. Coordinate transportation and storage of equipment, props, & instruments to and from events off-campus.
iii. Shall arrange safe transportation for the CHHS Marching Band and Band Ensembles and its equipment.
iiii. Work with Band Director, Guard Liaison, Percussion Liaison, and Winter Winds Liaison to secure lodging, food and other requirements for off-campus trips of all CHHS Band Ensembles.
Section 2. Duties Common to All Section and Standing Committees
Each committee chair shall attend Board meetings during the months preceding and following any event where their committee is involved. Each committee chair shall work with the President, or Vice President to ensure that financial controls, budgeting and funding is available for their respective committee requirements. The President and VP shall keep the Treasurer informed as to expenditure needs for their events. Committee chairs are responsible for ensuring that information about their events are forthcoming in a timely manner to the appropriate committee for timely dissemination.
Each standing committee is responsible for maintaining and updating an operations manual containing its committee responsibilities and operational processes. Each year the manual shall be passed on to the incoming chairperson.
Committees involved in fundraising activities shall maintain and provide pre- and post-event financial details of the event. Upon request of the budget committee, each committee chair shall provide information to the budget committee as it relates to the committee's budgetary needs for the upcoming Fiscal year.
Students of Committee Chairs must be up to date on contribution amounts. If not brought up to date within a reasonable time whether by pending fundraising efforts or donations they may be removed from their position. Such a time will be designated by the Board of Directors.
Section 3. Ad Hoc Committees
In addition to those appointed from time to time the Ad Hoc Committees of the CHHS Band
Boosters are:
A. Nominating-Committee
In February of each year the Board of Directors shall appoint a Nominating Committee. It shall be responsible for nominating at least one nominee per office to the membership. The committee shall have 3, 5, or 7 members as determined by the Board of Directors. Its members shall be comprised of representative CHHS Band Boosters Voting members as follows:
i. Preferably one Voting Member each whose "qualifying student" enrolled in the Band is currently in the 9th, 10th , and 11th and,
ii. A parent representative of each grade level, when available, in the current band program when possible.
iii. Prior to the April membership meeting, the nominating committee shall notify the President that a slate of officers is ready to be presented to the membership at the April meeting. The committee shall then present its list of nominees to the members in attendance at the March membership meeting.
Nominations from the floor shall be accepted from Voting and Associate Members at the March regular membership meeting for those agreeing to serve. The names of all nominees shall then be submitted to the membership, in writing, prior to the April meeting.
This committee shall be disbanded after the election is held and reconvened only to secure nominations for an empty CHHS Band Boosters office or a vacated board member position during the school year.
B. By-Laws Committee
Members of the by-laws committee are appointed by the President with input from the nominating committee. The Parliamentarian is an ad hoc member.
C. Marching Band Uniform Committee
Members of the uniform committee will work with the members of the Colorguard, Percussion and Winds committees to help ensure the uniform prep, sewing, washing and proper storage of the marching band uniforms up through and including the parade season.
D Budget Committee
No later than January of each year the Board shall appoint a budget committee. Prior to their meeting, the Chairperson shall request that the Band Director provide a proposed travel, band camp and competition itinerary and projected budgetary needs for all participating band units to the chair for the upcoming school year.
The committee shall have, when possible Voting Member representatives from each grade level and the Treasurer and Assistant Treasurer shall serve as ex officio members and the Vice-President is an ad hoc member. The committee shall use information provided by the directors, the treasurer's, and past experience to prepare a budget for the upcoming fiscal year and shall submit it to the Board of Directors no later than their regular meeting held in April.
E. Hospitality-Organizes a budget and ensures staffing for events where a social or hospitality function is providedincluding but not limited to the Pirate Invitational and annual Band Banquet.
E. Committee Meetings
i. Regular Meetings. Each committee chairperson may set a time and place for regular committee meetings each fiscal year. As soon as is practicable after such time and place for regular meetings has been set, the lime and place of such regular meetings shall be communicated in writing to all committee members once.
No further notice of the regular meeting shall be required unless the place for such meeting is changed, in which case the committee members shall be notified, in writing, of the new location.
ii. Special Meetings. Special meetings of each committee may be called at any time, upon at least three (3) days prior notice of the time and place for the special meeting to each committee member, by the chairperson of the committee, or by 'thirty (30%) percent of the committee members.
iii. Minutes. The chairperson of each committee shall appoint a committee member to record minutes of each committee meeting where any motions are made and accepted or defeated or business is conducted. A copy of such minutes shall be provided to the president. The minutes shall also be made available to the next chairperson of the committee.
ARTICLE VIII- FINANCIAL ACCOUNTS, CONTROLS
AND FISCAL YEAR
Section 1. Fiscal Year CHHS Band Booster's Account
The fiscal year of the Band Boosters shall be July 1 to June 30 inclusive. All budgeting and
financial accounting shall be executed on this basis.
Section 2. Fiscal Year CHHS Band Booster's Account
The CHHS Band Boosters may create and maintain in a local bank such accounts as the Board of Directors, with input from the Treasurer, determine as necessary for the efficient operation of the CHHS Band Boosters. Establishment and the location of such accounts shall be communicated to the Board of Directors and membership. The Treasurer, President and/or Vice President shall be signatories on all such accounts. The accounts shall be identified as the Corinth Holders High School Band Booster accounts. At minimum, a checking account and interest bearing savings account in the name of the organization shall be maintained.
Section 3. Special Trip Account
A trip account to cover travel-related expenses may be opened in an interest-bearing account as deemed necessary by the Treasurer and approved by the Board of Director members.
Section 4 Prepaid Student's Contribution Account
Students exceeding their contribution amount in one band year may carry over excess to the next band year.
Section 5 Financial Accounting Controls
The CHHS Band Boosters shall authorize deposits and disbursements through its Treasurer and others in accordance with this article. Checks require two signatures, one being the Treasurer and the other being the President or in their absence the Vice President.
A. CHHS Band Booster Account Receipts to this fund shall be collections from fundraising projects, fair Share contributions, donations and other miscellaneous revenues promoted by the CHHS Band Boosters and charges imposed by the Band Boosters.
B. Special Trip Account Deposits to this account may come from any special donations specifically earmarked for trips, any grants for trips, or a transfer of funds from another CHHS Band Boosters account as authorized by the Board of Directors (so long as such authorization is not inconsistent with the CHHSBand Boosters Budget) or the member approved budget. Disbursements from this account shall be directly
related to band trips.
C. All monies received from CHHS Band Boosters members, the community and sponsors shall be accounted for and deposited into the general fund by the Treasurer on a periodic basis.
D. On a monthly basis the Treasurer shall provide to the membership and board a detailed report of all receipts brought forth from all sources and all disbursements made.
E. Treasurer will ensure proper documentation and accounting for all student contribution amounts toward the general fund.
F. Expenditures shall be made for items only as directed by the CHHS Band Boosters Board. The President or Vice President shall have the authority to approve any expenditure of up to a total of $150.00 without board approval other than those provided for in the budget.
G. President and Vice President shall monitor and manage the budget. These responsibilities should include the ability to move available funds between line items of the budget; however, the total amount of the budget cannot be changed without a vote from the board. The President or Vice President can reduce or eliminate line items if revenues fall short of the budget.
Section 7. Review of Accounts and Tax Preparation
The CHHS Band Boosters’ Treasurer and President shall ensure that an examination of the organizations' financial records is conducted annually by a member who is either a CPA or a professional accountant, or by an outside CPA or a professional accountant. The selection process must be approved by the board. If an outside party is used, the budget must include an estimated cost of the service at the time the budget is presented to a vote of the membership. Copies of the report shall be provided to the Principal and School
Superintendent no later than October 1st for the preceding fiscal year.
All Federal and State tax preparations and filings on behalf of the CHHS Band Boosters shall be completed for each tax year prior to their respective deadlines. These preparations and filings may be prepared by a member who is either a CPA or a professional accountant, or by an outside CPA or a professional accountant. The selection process must be approved by the board.
Section 8. Contract Authority
All contracts entered into on behalf of the CHHS Band Boosters shall be voted on by the Board and the membership. Approval requires a majority vote of the Board and a majority vote of the voting members in attendance at a properly called member meeting with timely notice given thereof.
All contracts require the signature of the President, or in absence of the president the vice president. Contracted services and items included in the CHHS Band Boosters approved budget do not require a second vote unless the contract exceeds the approved budget amount for the service by 10% or greater.
ARTICLE IX - STUDENT CONTRIBUTION PROGRAM.
Section 1. Contribution Program
A Contribution Program is established for the CHHS Band Boosters to provide a cooperative means for the achievement of the operating budget for each year. The Officers of the Band Boosters shall maintain the Contribution Program as provided in these bylaws and such resolutions as the Board of Directors or membership shall from time to time impose.
A. The Executive Board shall establish the student's contribution amount toward the band program's approved yearly expenses.
B. There shall be fund-raising opportunities provided to help any Booster member meet his/her student's contribution goal.
C. Donations can be made in lieu of fundraising towards student's contribution amount.
D. Families with more than one band student enrolled orcurrently in the program as of May 1. 2013 will only be responsible for 'A the contribution amount for the second or more students but will be responsible for the entire travel amount and band camp for each student in the program.
E. Students failing to raise their contribution amount or opting not to raise funds must make arrangements with the treasurer to donate the specified amount (details will be in Orientation Packet).
F. Students exceeding their contribution amount in one band year who will be part of the band program the following year may carry over the excess contribution amount to the next band season. In order to participate in any Winter Ensembles, student must not have any unpaid or outstanding contribution amounts from the previous band and/or winter season(s).
ARTICLE X - TRAVEL EXPENSES
Section 1. Travel Expenses
To cover travel-related expenses such as transportation and lodging costs to/from competitions and events, payment of travel expenses not covered by Contribution Amount or the CHHS Band Booster's general budget is expected from the members of the participating student.
ARTICLE XI- INTERACTIVE PARENT PROGRAM
To create and maintain a strong, vibrant and continuous core of parents that support and promote involvement in the CHHS Band Boosters, an Interactive Parent program shall be developed and initiated whereby experienced members of the CHHS Band Boosters become personally involved with integrating new member parents/legal guardians and their student into the band family.
ARTICLE XII-.AMENDMENTS
These By-Laws may be amended only by a two-thirds (2/3) majority of the votes cast by Voting Members at a regular or special membership meeting. Proposed amendments or revisions shall be provided prior to, or read at, a regular membership meeting and presented in writing to the membership no less than two-weeks prior to voting on the amendment or revisions.
XIV-CONFLICT OF INTEREST POLICY
Section 1. Purpose. The purpose of the conflict of interest policy is to protect the CHHS Band Booster's interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the CHHS Band Boosters or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.
Section 2. Definitions.
A. Interested Person. Any director, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect .financial interest, as defined below, is an interested person.
B. Financial Interest. A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
i. An ownership or investment interest in any entity with which the Band Boosters has a transaction or arrangement,
ii. A compensation arrangement with the CHHS Band Boosters or with any entity or individual which the CHHSBand Boosters has a transaction or arrangement, or
iii. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the CHHS Band Boosters is negotiating a transaction or arrangement.
Compensation includes direct and indirect remuneration, as well as insubstantial gifts or favors.
A financial interest is not necessarily a conflict of interest. Under Section 3, Subsection B of this Article, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.
Section 3. Procedures
A. Duty to Disclose. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement.
B. Determining Whether a Conflict of Interest Exists. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.
C. Procedures for Addressing the Conflict of Interest.
i. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
ii. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
iii. After exercising due diligence, the governing board or committee shall determine whether the CHHS Band Boosters can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
iiii. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the CHHS Band Booster's best interest, for its own benefit, and whether it is fair and reasonable.
In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.
D. Violations of the Conflicts of Interest Policy.
i. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
ii. If, after hearing the member's response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.
Section 4. Records of Proceedings. The minutes of the governing board and all committees with board delegated powers shall contain:
A. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board's or committee's decision as to whether a conflict of interest in fact existed.
B. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.
Section 5. Compensation.
A. A voting member of the governing board who receives compensation, directly or indirectly, from the CHHS Band Boosters for services is precluded from voting on matters pertaining to that member's compensation.
B. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the CHHS Band Boosters for services is precluded from voting on matters pertaining to that member's compensation.
C. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the CHHS Band Boosters, either individually or collectively, is prohibited from providing information to any committee regarding compensation.
Section 6. Annual Statements. Each director, principal officer and member of a committee
with governing board-delegated powers shall annually sign a statement which affirms such
person:
A. Has received a copy of the conflicts of interest policy,
B. Has read and understands the policy,
C. Has agreed to comply with the policy, and
D. Understands the CHHS Band Boosters is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.
Section 7. Periodic Reviews. To ensure the CHHS Band Boosters operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:
A. Whether compensation arrangements and benefits are reasonable, based on competent survey information and the result of "arm's length" bargaining.
B. Whether partnerships, joint ventures, and arrangements with management organizations conform to the Band Booster's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction.
Section 8. Use of Outside Experts. When conducting the periodic reviews as provided for in Section 7, the CHHS Band Boosters may, but need not, use outside advisors. if outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring that periodic reviews are conducted.
Approved Month, Day, Year