By Laws - Pedro Menendez Band

By Laws

Pedro Menendez High School Band Booster

CONSTITUTION AND BYLAWS

Article I: Name

1. The name of the organization shall be the "Falcon Regiment Boosters Association, Inc."
2. This organization shall be known by the trade name of “Falcon Boosters Association, Inc.”
3. This organization shall be referred to in this document as the association.
3. The association will include Pedro Menendez High School.
4. The principal office of the association shall be in St. Augustine, St. Johns County, Florida, or other such places as the board of directors may from time to time appoint or the activities of the association may require.
5. The Boosters shall operate exclusively as a "Not for Profit" Corporation.

Article II: Purpose

To promote and encourage community/area support of the Pedro Menendez High School Bands, with the following objectives:
1. To involve the community in supporting the band and music department.
2. To supplement school district support of band and music activities.
3. To provide financial support for non-school activities.
4. To encourage students to participate in the activities of the Boosters.
5. To encourage band and music department exposure.

Article III: Membership

1. All parents of students participating in the MHS Band and any adults interested in supporting the activities of the band are entitled to become members of the Boosters.
2. Voting membership shall be obtained by paying the annual fair share assessment which includes the annual dues or have made arrangements for the paying of the annual fair share assessment.
Associate membership may be obtained by paying annual dues of $10 per family.
3. Associate membership is persons that have no children in the Falcon Regiment.
4. Associate members cannot hold elected office.
5. Associate members can hold an appointed position.
6. Associate members are not eligible to vote.
7. Membership is open for new members to join and previous members to rejoin from August 1st to July 31st.
8. A member must have attended one meeting before being eligible to vote.
9. Proxy votes will be accepted in writing, for a specific subject, and presented to an officer of the Boosters prior to the meeting. U.S. Mail or e-mail is acceptable, and either is to be followed up by a telephone call by the receiving Booster officer.
10. Upon joining, a member will receive a copy of the constitution and bylaws.
11. The qualification for membership is a voluntary expression of genuine interest in the band program for the purposes listed in Article II.
12. No person who is now, or who later becomes an officer, director, or member of this association shall be personally liable for any indebtedness or liability, and any and all creditors of this association shall look only to the assets of this organization for payment.

Article IV: Officers

1. The officers of this association shall be president, first vice president, second vice president, secretary, treasurer, and parliamentarian.
2. The board of directors will consist of the aforementioned officers.
3. The executive board will consist of the board of directors and committee chairpersons, with the band director acting as advisor and a nonvoting member.
4. All officers shall deliver to their successors all official material within 30 days following elections.
5. The nominating committee shall present a slate of officer candidates to the president for presentation to the association in October.
6. Election of officers will take place at the November meeting and the officers will assume their duties in January of the next year.
7. A majority vote of the members present shall constitute an election.
8. Elected officers shall serve a term of one year beginning in January and ending in December.
9. A vacancy occurring in any office shall be temporarily filled by a majority vote of the Executives board. The vacancy shall be filled for the rest of the term by a majority vote of the association at the next meeting.
10. Officers should attend all meetings unless the president specifically approves absence in advance.
11. An officer can be removed from office by a majority vote of the association.
12. More than one booster member from the same family cannot hold an elected office at the same time.

Article V – Meetings

1. Regular meetings shall be scheduled as needed or called at the discretion of the president, the band director, or a majority of the executive board.
2. Called emergency meetings will not include any business other than that business for which the meeting has been called. Members shall be notified by mail or telephone stating the nature of the called meeting.
3. A quorum shall be constituted by five (5) members being present, excluding officers.
4. There shall be no business transacted at either regular or called meetings without a quorum present.
5. Order of Business:
a. Call to order
b. Determination of a quorum
c. Approval of minutes
d. Approval of treasurer’s report
e. Committee reports
f. Band director’s report
g. Old or unfinished business
h. New business
i. Adjournment

Article VI – Duties of Officers

1. President
The president shall:
- Preside at all meetings of the association, board of Directors, and executive board.
- Chair the board of directors and executive board.
- Be in communication with the band director and all other officers of the association.
- Have supervision over the business affairs of the association.
- Sign all checks of the association’s bank account(s), in addition to the treasurer’s signature.

2. First Vice President
The first vice president shall:
- Perform the duties of the president in the absence or inability of that officer and shall assist the president when called upon.
- Chair the ways and means committee and is in charge of all fundraisers sponsored by the association.
- Appoint chairpersons for any individual fundraisers as deemed necessary.

3. Second Vice President
The second vice president shall:
- Chair the publicity committee.
- Publish and disseminate regular newsletters

4. Secretary
The secretary shall:
- Act as clerk of all meetings and record all votes and minutes of all its transactions.
- Chair the membership committee.
- Attend to all correspondence of the association.
- Keep a complete list of band members, parents, association members, and their addresses and phone numbers, and should be accessible at all meetings.
- Sign all checks of the association’s bank account(s) in the absence of the treasurer or president.

5. Treasurer
The treasurer shall:
- Keep a balanced account of receipts and expenditures.
- Keep any and all bank accounts necessary for the proper operation of the association in the name of the association.
- Provide a written monthly report to membership of receipts and expenditures to the association and also current balances in the bank checking and savings accounts and the total fair share amount still owed.
- Provide a written quarterly report to the membership of actual income and expenses amounts shown in comparison to the current approved operating budget line items amounts.
- Sign all checks of the association’s band account(s) in addition to the president’s signature.
- Draft an operating budget for the association, with the assistance of the band director.
- Disseminate individual reminder notices of monies due by members/students to the member.
- Be responsible for presenting the budget to the membership for review and adoption at the general meeting in April.
- Shall provide a list of monies due by members/students to the second vice president.
- Shall file appropriate tax forms as necessary to preserve the tax-exempt status of the association.
- Shall receive all funds due the association, issue appropriate receipts, be solely responsible for deposit of funds in a designated depository determined by the board, and shall pay all bills upon authorization of the board.
- Shall be the custodian of all monies and dues of the association, recording the same in a ledger.
- File all receipts.

6. Parliamentarian
The parliamentarian shall:
- Ensure adherence to the latest edition of Robert’s Rules of Order, Revised.
- Ensure adherence to the association’s Constitution and Bylaws.
- Conduct and tabulate all voting and elections.
- Chair the nominating committee.
7. All checks written on the account(s) of this association shall be signed by two persons: the president and treasurer. The secretary may sign in the absence of either the president or treasurer.
8. Emergency Expenditures by Officers and Band Director:
a. The band director shall be authorized up to $250.00 per year for emergency expenditures.
b. The band director can exceed the authorized expenditure if the emergency warrants such action.
c. The executive board shall be authorized up to $500.00 per year for emergency expenditures.
d. The president can exceed the authorized expenditure if the emergency warrants such action.
e. Emergencies warranting emergency expenditures are situations that require immediate action and cannot be delayed.
f. Both the band director and the executive board will be required to show receipts and make a report of monies spent at the next regular meeting.

Article VII – Committees
1. Standing committees are those that function year-round. These committees shall include: chaperones, equipment and transportation, hospitality, color guard liaison, membership, nominating, publicity, telephone, uniform, and ways and means. The chairpersons of these committees will be appointed by the incoming president and shall assume their duties as of the day after school ends for the current school year.
2. Special committees may be established by the president for specific assignments from time to time throughout the year.
3. The president and committee chairperson shall appoint committee members.
4. Chairpersons may assign duties as necessary.
5. Chaperones Committee
- The committee shall enlist parents to act as chaperons for any band activity as deemed necessary by the band director.
- The chairperson shall approve any member or person’s use as a chaperone and ensure all appropriate clearances are obtained. - The committee shall ensure that all district, school, and band rules and regulations are followed at all band activities, and also assist as necessary in the enforcement of the same.
6. Equipment and Transportation Committee
- The chairperson will ensure that an inventory of all booster-owned equipment is accomplished every year by February, and determine the condition of said equipment and identify any needed repairs. This inventory and condition/repair information will be presented to the president and band director upon completion.
- The committee is responsible for the loading, transport, placement, and storage of all band equipment and instruments during all band activities.
- The committee will ensure proper and secure storage of all equipment during and following all band activities.
- The committee may appoint any student(s) who are able to assist with the committee’s equipment responsibilities and are to supervise these students at all times.
- Under guidance of the band director, the committee shall investigate, plan, and arrange the details of trips by the band, appointing additional members and/or creating other committee(s) as necessary.
7. Hospitality Committee
- The committee shall act as hosts at all general meetings.
- The committee shall provide refreshments before each regular meeting of the association.
- The committee shall send appropriate tokens of sympathy (cards, flowers, etc.) to students or their immediate family in times of illness, hospitalization, funerals, etc.
- The committee shall provide any gifts, flowers, or cards as deemed appropriate by the committee, and will ensure that the cost of such provisions are kept equal and reasonable.
8. Color Guard Liaison
- Serves as a “go between” for the color guard and the booster association during the indoor season (January through April).
9. Membership Committee
- The secretary shall chair the membership committee.
- The committee shall solicit members, collect dues, and keep a record of meeting attendance.
- The chairperson will provide a copy of the constitution and bylaws to all new members upon joining.
10. Nominating Committee
- The parliamentarian shall chair the nominating committee.
- The committee shall present a slate of officer candidates to the president prior to the November election in accordance with the bylaws of the office of the parliamentarian.
11. Publicity Committee
- The second vice president shall chair the publicity committee.
- The committee shall handle publicity related to the activities of the band and of the association.
12. Telephone Committee
- The committee shall coordinate telephone (and/or e-mail) notification of band and association activities to the membership.
13. Uniform Committee
- The committee shall assist the band director in maintaining records of student uniform numbers, in distributing uniforms, and in the general maintenance and fitting of uniforms.
- The committee shall provide an inventory of all uniforms and accessories to the director in January and June of each year.
- The committee shall ensure the proper loading, transport, and storage of uniforms to all band activities.
- - The committee shall ensure the regular cleaning of all uniforms.
- - The chairperson is encouraged seek out and appoint member(s) to this committee who have the ability to sew and the appropriate equipment.
14. Ways and Means Committee
- The first vice president shall chair the ways and means committee.
- The committee shall recommend those ways of raising funds necessary for financing the activities of the association and shall coordinate and implement them upon approval of the membership.
- The chairperson shall keep records of suppliers, project evaluations, and all monies.
- The chairperson shall appoint the chairs of all special fundraising projects.

Article VIII – Parliamentary Authority
1. 1. Robert’s Rules of Order will be followed in all matters not specified in the constitution and bylaws.
2. 2. School Board Policies and Procedures titled Cooperative Activities will be followed and practiced.

Article IX - Amendments
1. The constitution and bylaws may be amended by a two-thirds vote of the members present in a regular or called meeting, providing such amendments have been presented and discussed at least thirty days prior to the date on which the vote is to be taken. Approved amendments take effect 15 days after membership approval.

Article X - Contracts
1. No verbal Contracts/Agreements will be entered into with clinicians or other individuals/groups for providing services. Contracts shall be in writing and signed by the band director, the person or representative providing the service, and approved by the association president or first vice president and treasurer. A contract form will be provided by the association for use by the band director and association.

Article XI – Band Director’s Operating Budget
1. The band director will submit an operating budget (“Wish List”) for the upcoming school year to the association on or before March 1 each school year in writing. The association will make every effort to meet the request of the band director unless the association is financially unable or the request is not reasonable.

Article XII –Association Budget and Expenditures
1. The budget developed every year by the treasurer, with the assistance and counsel of the band director and ways and means committee, will be used as a guideline.
2. All major expenditures (those exceeding $500.00) not included in the budget shall be voted upon by the membership.

Article XIII – Fair Share Fee
1. Each band student will be assessed a monetary amount to cover costs of items not provided for by other means. The amount will be determined each year by passage of the budget.
2. A student’s fair share account must be paid in full by September 1. If a student is unable to pay by that date, arrangements for payment can be made with the band director and treasurer. Exceptions due to extenuating circumstances or hardship can be granted by the band director and/or the executive board.
3. The fair share amount for new students entering the band program after the school year has started will be pro-rated.

Article XIV – Books and Records
1. The association shall keep correct books and records of accounts and shall keep minutes of the proceedings of its membership and committees. The association shall keep in its principle place of business a record of its membership, giving names and address of all members.
2. Not later than four months after the closing of each fiscal year, the association shall prepare a compiled balance sheet showing in reasonable detail the financial condition of the association as of the close of its fiscal year. The balance sheet and income statement shall be kept for at least five years, and shall be subject to inspection by any member.
3. The association shall make available to the public upon request the corporation’s Annual tax return and exemption application.

Article XV - Indemnification
1. The association shall indemnify and hold harmless the officers of the association from and against any cause and causes of liabilities, losses, and damages of any kind of nature, including any reasonable attorney’s fee and expenses incurred in connection with the execution of their duties or the exercise of their discretion taken on behalf of the association, except when the same is judicially determined to be gross negligence or willful misconduct of such persons. Nevertheless, the association shall be given reasonable notice by such persons of any such actions or causes of actions and be given a reasonable opportunity to assume the defense against the same and to indemnify and hold harmless said persons therefore.

Article XVI - Dissolution
1. In accordance with Section 501 (c) (3) of the Federal Internal Revenue Code, the association shall operate exclusively as a non-profit organization for the purpose set forth in Article II above. No part of the net earnings of the organization shall inure to the benefit of any private shareholder or individual and no substantial part of the activities of the organizational shall be for carrying on propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in or intervene in any political campaign on behalf of any candidate for public office.
2. No part of the earnings or assets of the organization shall inure to the benefit of its members, directors or officers or other private persons, except that of reasonable compensation for services rendered and to make payments in the furtherance of the purposes set forth in the organizational documents.
3. Further, upon dissolution of the organization, the board of directors shall, after paying or making provision for the payment of all the liabilities of the organization, dispose of the assets of the organization exclusively for the purpose of the organization in such manner, or to such organization organized and operated for charitable, educational and such other pursuits similar to the organization as shall be at the time quality as an exempt organization under Section 501 (c) (3) of the Internal Revenue Code as the board of directors shall determine. Any such assets so disposed shall be disposed by the court of jurisdiction, County of St. Johns, Florida, or whatever special provision as may be specified in the bylaws of the organization under the same Code of the Internal Revenue Service, and none of the assets will be distributed to any member, officer or director of this organization.

Article XVII – Fiscal Year

1. The Falcon Regiment Boosters Association’s fiscal year shall be from July 1st through
June 31st.

Article XVIII - Miscellaneous
1. Office Supplies – The executive board shall be authorized up to $100.00 per year for office supplies.
2. Gifts - The maximum allowed expense for a gift is $150.00.
3. It is hoped that common sense will prevail in all decisions made by this organization.

Bylaws voted and accepted: January 24, 2000
Bylaws amended: August 1, 2008