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BY LAWS OF MAULDIN HIGH SCHOOL BAND BOOSTER CLUB Original adoption: September, 1973 Revised: May 2012
ARTICLE I. – PURPOSE AND MISSION
1. Purpose The purpose of the Mauldin High School Band Boosters, hereinafter referred to as the BOOSTERS, is to provide support to the Mauldin High School (MHS) Band. The BOOSTERS support shall include, but not be limited to providing operating funds, volunteer services and organizational coordination as requested by the Band Director/s to the fullest extent possible.
2. Mission The mission of the BOOSTERS shall be to work with the Band Director/s, school administration and professional staff to:
· Provide financial support to the Mauldin High School Band. · Assist the Director/s with implementing the Mauldin High School Band programs
3. Legal Definitions The BOOSTERS is a 501(c)(3) tax-exempt organization that provides support to the Band in compliance with and under the auspices of the Greenville County School District (GCSD). The BOOSTERS fiscal year is from July 1 to June 30, and is consistent with the GCSD fiscal year. The principal office for the transaction of the business of the BOOSTERS is located at 702 Butler Road in the City of Mauldin, County of Greenville, State of South Carolina. The Executive Board has full power and authority to change the principal office from this location to another location within the same county at any time.
ARTICLE II. – MEMBERSHIP
1. Membership
Membership in the BOOSTERS shall be open to all parents of students currently enrolled in the Band and others who support the purposes and mission of the BOOSTERS. The BOOSTERS shall have two (2) types of membership: Associate and Friends.
1.1 Associate Membership and Privileges
Associate membership shall be granted to all parents/guardians of students currently enrolled in the MHS Band Program. Associate members shall be granted:
· full voting privileges, · may be elected to Executive Board offices · may serve on and chair any support committee/s.
1.2 Friends’ Membership and Privileges
Friends’ membership shall be granted to any and all other individuals who are not parents or guardians of students currently enrolled in the MHS Band Program but who make a monetary donation, as established by the Board, to the Boosters. The term of the Friends’ membership will run from the date of the donation to the end of the school year during which the donation is made.
1.2.1 Friends’ members may serve on and chair any support committee/s.
1.2.2 Friends’ members shall not be granted voting rights and shall not be allowed membership on the Executive Board.
2. Property Rights
No member shall have any right or interest in any of the property or assets of the BOOSTERS. 3. Non-liability of Members
No member of the BOOSTERS shall be personally liable for the debts, liabilities or obligations of the BOOSTERS.
ARTICLE III. – BAND BOOSTER CLUB MEETINGS
1. Meeting Location
Meetings of the members shall be held at the principal office of the BOOSTERS or in other such place 2. Meetings
Meetings of the Boosters shall be held at the time and place designated by the Executive Board. The purpose of Booster meetings shall be for conducting business transactions requiring a vote of the Boosters and for conveying information to the membership. 2.1 General Meetings
There shall be a minimum of three (3) General Meetings of the Boosters per school year. The first meeting shall take place within the first month of the school year; the second, at the Winter Concert and the third at the Spring Concert. 2.2 Special Meetings
The Executive Board may call special meetings of members for any purpose anytime. Special meetings may also be held upon written request to the Executive Board by not less than 20 Associate Members of the BOOSTERS. 3. Notice of Meetings
Notice of all meetings of the BOOSTERS shall be provided at least five (5) school days before the meeting date. Notice shall be given either in writing, e-mail or by telephone.
4. Voting
The voting rights of all Associate Members are equal. Each Associate Member shall be entitled to one vote on all matters. Voting shall not be allowed by proxy or by absentee ballots. Cumulative voting shall not be allowed.
5. Conduct of Meetings
Meetings of the BOOSTERS shall be conducted in accordance with Robert’s Rules of Order. Rules governing BOOSTERS meetings may be revised insofar as such rules are not inconsistent with or in conflict with the bylaws, the articles of incorporation of the BOOSTERS, or with Federal, State, County or Local laws. The President of the Boosters, or in the President’s absence, the Vice President shall preside over the meetings. The Secretary of the BOOSTERS shall act as secretary at all meetings, or in the Secretary’s absence, the presiding officer shall appoint another person to act as Secretary of the meeting. 6. Quorum
A minimum of eight (8) Associate Members shall be present at any meeting of the BOOSTERS to constitute a quorum for the transaction of business.
ARTICLE IV. – EXECUTIVE BOARD 1. Membership
The Executive Board shall consist of the elected officers and the Band Director/s. The Band Director/s serves as a non-voting advisor/s to the Board. The Executive Board shall consist of the following officers:
2. Powers
The Executive Board shall exercise the powers of the BOOSTERS, control its property and conduct its affairs, except as otherwise provided by law and by the articles of incorporation or by these bylaws.
3. Voting Rights
Each Executive Board position shall be entitled to one and only one vote.
4. Eligibility
All Board positions are open to any Associate Member or any parent or guardian of a rising 9th grade band student, except for the position of President, which shall be filled by a current Associate Member only. Spouses cannot serve on the Executive Board simultaneously. Only those who have signified their consent to serve, if elected, shall be presented for election. 5. Term of Office
Officers shall serve a term of one (1) year. No officer shall be eligible for the same office more than three (3)consecutive years. The term of office coincides with the Boosters fiscal year. 6. Executive Board Meetings
Executive Board meetings shall be held monthly during the school year at a date, time and place designated by the Executive Board. 7. Quorum
Presence of at least fifty percent (50%) of all Executive Board positions shall constitute a quorum for the transaction of business. 8. Vacancies
Any vacancy in the Executive Board caused by death, resignation, removal or disability of an officer shall be filled by the majority vote of the Executive Board. For the positions of President and Vice President, their appointment shall be ratified by vote of the Boosters. 9. Removal from the Executive Board
An Officer may be removed from serving on the Executive Board and the position declared vacant by a majority vote of the Executive Board for the following reasons.
9.1 When an officer fails to attend three (3) consecutive Executive Board Meetings or fails to perform his duties for a period of sixty (60) days.
9.2 Has committed a material breach of his or her fiduciary duty
9.3 Child has ceased to be a band student at MMS
9.4 Has committed an act of moral turpitude
9.5 Convicted of a felony
10. Records
Upon the expiration of the term of office or in case of resignation or termination, each Executive Board member shall turn over to a successor, without delay, all records, books and other materials pertaining to the board position and shall return to the Treasurer, without delay, all funds belonging to the BOOSTERS.
11. Compensation
Executive Board Members shall serve without compensation.
ARTICLE V. – DUTIES OF OFFICERS 1. President
The President shall be the chief executive and operating officer of the Boosters and subject to the direction of the Executive Board. The President shall have general charge of the business affairs and property of the Boosters and shall preside at all meetings of the Executive Board. He shall have such other duties and responsibilities and may exercise such other powers as are usually incident to the office or as from time to time may be assigned by these Bylaws or the Executive Board. The President shall be ex-officio a member of all committees of or appointed by the Executive Board. 2. Vice PresidentAt the request of the President or in the President’s absence or disability, the Vice President shall perform all the duties of the President. When so acting, the Vice President shall have all of the powers of, and be subject to all the restrictions upon the President. The Vice President shall have other such duties and responsibilities and may exercise such other powers as from time to time may be assigned by the President or the Executive Committee or as may be provided in these Bylaws.
3. Treasurer
The Treasurer shall have custody of all Boosters funds; keep full and accurate accounts of all receipts and disbursements of the Boosters, an inventory of assets, and a record of the liabilities of the Boosters; deposit all money in such depositories as may be designated by the Executive Board; disburse the funds of the Boosters as approved by the Executive Board taking proper vouchers for disbursements; and prepare all statements and reports required by law or by the Executive Board. The Treasurer shall have such other duties and responsibilities and may exercise such other powers as are usually incident to the office or as from time to time may be assigned by these Bylaws, the Executive Board, or the President. The Executive Board may delegate all or part of the authority and duties of the Treasurer to other officers of the Executive Board in the event that the Treasurer is unable or unwilling to perform the duties of the office.
4. Assistant Treasurer
At the request of the Executive Board; the Treasurer, or in the Treasurer’s absence or disability, the Assistant Treasurer shall perform all the duties of the Treasurer. When so acting, the Assistant Treasurer shall have all of the powers of, and be subject to all the restrictions upon the Treasurer. The Assistant Treasurer shall have other such duties and responsibilities and may exercise such other powers as from time to time may be assigned by the Executive Board or as may be provided in these Bylaws.
5. Secretary
The Secretary shall attend all meetings of the membership and the Executive Board and act as Secretary thereof and record all votes and the minutes of all proceedings. The Secretary shall protect and cause to be kept at the Boosters Principal Office, a book of minutes of all meetings of the membership and the Executive Board; and a file of all official and legal documents of the Boosters. The Secretary shall also give the notices of the special meetings of the membership and shall perform such other and further duties as may be required by law or as may be prescribed or required from time to time by the Executive Board or the Bylaws. The Executive Board may delegate all or part of the authority and duties of the Secretary to other officers of the Executive Board in the event that the Secretary is unable or unwilling to perform the duties of the office 6. General Directors
The General Directors shall assist the Ways and Means Director in all fundraising activities and shall perform such other and further duties as may be prescribed or required from time to time by the Executive Board or the Bylaws. 7. Ways and Means Director
The Ways and Means Director shall be responsible to oversee and coordinate the fundraising activities of the Boosters. The Ways and Means Director shall keep full and accurate accounts of all fundraising activities and report to the Treasurer and Executive Board accordingly. The Ways and Means Director shall perform such other and further duties as may be prescribed or required from time to time by the Executive Board or the Bylaws.
8. Volunteer Director
The Volunteer Director shall be responsible to oversee and coordinate the volunteer opportunities and activities of the Boosters. The Volunteer Director shall perform such other and further duties as may be prescribed or required from time to time by the Executive Board or the Bylaws.
ARTICLE VI. – ELECTION OF OFFICERS TO THE EXECUTIVE BOARD
1. Nominating Committee
The Secretary shall send out the call for nominations for the Executive Board Positions to the Membership no later than 60 days prior to the Spring Concert
2. Slate Selection
The Secretary shall develop a slate of candidates, from the nominations received, for all Executive Board positions.
2.1 The slate of officers shall be presented to the membership at least two (2) weeks prior to the election
3. Elections
3.1 Officers shall be elected at the General Meeting of members to be held at the Spring Concert.
3.2 The President shall preside over all elections.
3.3 In addition to the slate of candidates prepared by the Secretary, nominations may be made from the floor, however, only those members who have signified their consent to serve, if elected, shall be placed on the slate.
3.4 Election Process
3.4.1 If, after soliciting nominations from the floor, there is only one nominee per position, the entire slate may be voted on together by a voice vote.
3.4.2 For any and each position where there are multiple nominees, each position shall be voted on separately. A voice vote may be utilized, however, if it is not apparent who is the majority, then a counting of a show of hands or a ballot may be utilized. ARTICLE VII. – COMMITTEES
1. Establishment of committees
There shall be such committees established by the Executive Board as may be required to carry on the business of the BOOSTERS. 2. Committee Chairpersons and Membership
All committee members and chairperson(s) shall be current members of the Boosters.
3. Reporting Requirements
Chairpersons shall present plans of work to the Executive Board for approval.
4. Removal
When a chairperson is not fulfilling his responsibilities as prescribed by the Executive Board or engages in conduct injurious to the Boosters or its purposes, the Executive Board, by a majority affirmative vote, may remove the individual from the position and declare the chair vacant.
5. Records
Upon the expiration of the term of office or in case of resignation or termination, each chairperson shall turn over to the Executive Board, without delay, all records, books and other materials pertaining to the committee and shall return to the Treasurer, without delay, all funds belonging to the BOOSTERS.
6. Period of Service
The committee chairpersons and committee members shall serve until their assignments have been completed but no longer than through the current fiscal year.
ARTICLE VIII. – FINANCIAL MANAGEMENT
1. Collections of Funds
1.1 The BOOSTERS funds shall be obtained from but not limited to, the following sources: 1.1.1 Gifts and contributions
1.1.2 Grants
1.1.3 Proceeds from approved fund-raising activities
1.1.4 Fair Share
1.1.4.1 The Executive Board may not increase fair share more than a factor of 20% of the prior year’s fair share without approval of a majority of the BOOSTERS membership present at a general meeting of the BOOSTERS where the issue of fair share has been previously placed on the agenda. The BOOSTERS shall be notified whenever a vote to change these fair share is scheduled at least five (5) school days prior to the Booster meeting when the vote will take place.
1.2 The BOOSTERS shall utilize funds collected to cover the expenses of the Boosters and MHS Band Program according to the membership approved annual budget.
2. Disbursement/Allocation of Funds 2.1 Non-Budgeted Items Allocation of available funds for non-budgeted items shall be handled according to the following terms and conditions: (In all cases, the allocation of funds to a non-budgeted item shall not be made when funds are not available and/or unallocated reserves are not available to cover projected expenses of the Boosters for the current fiscal year)
2.1.1 Non-Budgeted Items Over $50
The purchase of non-budgeted item/s that exceed $500 shall require a majority vote of approval by the Boosters.
2.1.2 Non-Budgeted Items Up To $500
The purchase of non-budgeted item/s up to $500 shall require a majority vote of approval by the Executive Board.
2.2 Excess Funds
Allocation of funds in excess of the approved budgeted revenue and that exceed the funds needed to cover the actual total yearly expenses shall be handled according to the following terms and conditions: (Excess funds shall not be disbursed until after the Spring Concert and all expenses for the year have been accounted for)
2.2.1 Excess Funds Expenditures Over $500
Expenditures of excess funds that exceed $500 shall require a majority vote of approval by the Boosters.
2.2.2 Excess Funds Expenditures Up To $500 Expenditures of excess funds up to $500 shall require a majority vote of approval by the Executive Board
2.3 Increasing Budget Categories
To increase a budget category in the approved budget, the following terms and conditions shall be met: (In all cases, the allocation of funds to increase a budget category shall not be made when funds are not available and/or unallocated reserves are not available to cover the total projected expenses of the Boosters for the current fiscal year)
2.3.1 Increasing a Budget Category by an amount Over $500
Increasing a budget category by an amount over $500 shall require a majority vote of approval by the Boosters.
2.3.2 Increasing a Budget Category Up To $500
Increasing a budget category by an amount up to $500 shall require a majority vote of approval by the Executive Board.
3. Financial Reports
Financial Reports shall be prepared by the Treasurer and presented to the Executive Board at every Executive board meeting showing budgeted income and expenses compared to the current year-to-date balances.
3.2 A financial report showing income and showing budgeted income and expenses compared to the current year-to-date balances shall be presented to the Boosters at each General Meeting. The financial report shall represent financial status no older than seven (7) days.
4. Signing of checks
All checks, drafts or other orders for payment of money, notes or evidence of indebtedness issued in the name of or payable by the BOOSTERS shall be signed by two Executive Board members according to the following guidelines and restrictions:
4.1 There shall be two Cosigners for all check signings. The President, V.P., Treasurer, Assistant Treasurer and Secretary are authorized to sign checks.
4.1.1 A check shall be filled out prior to being written and signed by two board members.
4.1.2 Spouses shall not be co-signers for any check.
5. Budget Committee
A budget committee shall be established and comprised of the President, Vice President, Treasurer, Assistant Treasurer, Ways and Means Director, and Band Director/s to develop a proposed budget for the following fiscal year. The budget committee shall present the proposed budget to the Executive Board at the Executive Board meeting prior to the General Meeting at the Spring Concert for the Executive Board’s review and comments
6. Budget
The proposed budget shall be presented to the Boosters at the General Meeting at the Spring Concert for a majority vote of approval by the Boosters.
7. Uncommitted Cash Balances
Uncommitted cash balances at a fiscal year-end shall be held as contingency funds until such time that the Executive Board finds it necessary to incorporate such funds into the general budget. If not part of the normal annual budget proposal, an amended budget shall be approved by the BOOSTERS prior to allocation of these funds.
8. Loans/Leases
If there is a requirement for a purchase and direct funds are not available, nor is there any conceivable way to raise the funds in a timely manner, the BOOSTERS may take out a loan/lease. Prior to obtaining funding in this manner, this action shall be approved by a majority vote of the BOOSTERS during a general meeting. The BOOSTERS shall be notified when a loan/lease request is planned for vote at least two (2) weeks prior the Booster meeting when the vote will take place. A description of the item(s) to be purchased or leased with the loan/lease proceeds as well as the terms of the loan (payments, interest rate, length of loan/lease, total of payments, and any pre-payment clauses) shall be made available to BOOSTERS through established means. ARTICLE IX. FINANCIAL HARDSHIP SCHOLARSHIP FUND
1. Establishment of Financial Hardship Scholarship Fund
The Executive Board may establish a special fund to help defray expenses of Booster families who are experiencing financial hardship. These funds may be allocated by the Executive Board to offset Booster family expenses for Band functions and activities. 2. Administration of Financial Hardship Scholarship Funds
The Executive Board administers Financial Hardship Scholarship Funds. The Executive Board is not required to disburse these funds and may do so at their discretion through a majority vote of approval. These funds may be held from one fiscal year to the next. The Executive Board shall establish fair and equitable procedures for the disbursement of Financial Hardship Scholarship funds ARTICLE X. AMENDMENTS TO BYLAWS
1. Amendments
These bylaws may be amended by a three-quarters (3/4) vote at any general meeting provided notice has been given at the previous meeting OR thirty (30) days written notice has been given to the membership. ARTICLE XI. REVISION HISTORY
REVISED: May 2012
Revised and approved by:
President, MHS Band Boosters, David Moore
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